December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment A <br />Proposed New Rules to Implement ORS 197A Public Draft 3 - November 23, 2015 <br />1 sewer, water and transportation capacity that is available or can be provided based on subsection <br />2 (a) or (b) of this section, or both: <br />3 (a) Capacity is available: existing sewer, water and transportation system capacity sufficient <br />4 to serve some or all of the anticipated seven-year demand is available. To demonstrate <br />5 available sewer and water capacity, a city may rely upon the system capacity documentation <br />6 contained in the acknowledged Public Facilities Plan adopted pursuant to OAR chapter 660, <br />7 division 11, and documentation from city or other service provider records of current system <br />8 condition and demand. To demonstrate available transportation system capacity, a city may <br />9 rely upon the system capacity documentation contained in an acknowledged Transportation <br />10 System Plan (TSP) adopted pursuant to OAR chapter 660, division 12; <br />11 (b) Capacity can be provided within seven years: sewer, water and transportation system <br />12 capacity sufficient to serve the anticipated seven-year demand can be provided by identified <br />13 system improvements that: <br />14 (A) Are fully funded and scheduled for construction within a seven-year period; <br />15 (B) Can be made subject to committed financing, which means a city or other service <br />16 provider has one or more dedicated funding mechanisms in place that will generate <br />17 sufficient revenue to fund the construction of such improvements within a seven-year <br />18 period; or <br />19 (C) Can have committed financing in place, which means a city or other service provider <br />20 does not have dedicated funding mechanisms in place but has identified funding sources <br />21 and methods that will be implemented by the city or other service provider, and that will <br />22 generate sufficient revenues to fund the construction of such improvements within a <br />23 seven-year period. <br />24 (3) For purposes of subsection (1)(b) of this rule, to demonstrate that adequate sewer, water and <br />25 transportation capacity can be in place for that portion of the 14-year period for which capacity <br />26 has not been demonstrated in accordance with section (2) of this rule, a city shall: <br />27 (a) Identify the type and amount of the needed capacity; <br />28 (b) Identify the system improvements required to provide the needed capacity; and, <br />29 (c) Identify the funding method(s) that is or can be in place to provide committed financing <br />30 in an amount sufficient to provide the needed capacity within the 14-year period. This <br />31 identification shall include: <br />32 (A) The type of proposed funding method(s); <br />11/23/2015 3:43:00 PM <br />http://intranet.dlcd.state.or.us/projects/UGBRAC/Reference Documents/660-038_3rdPublicDraft_2015-11-20.docx v2.0 <br />33 <br />