ORS tit. 19, ch. 197A, PLANNING FOR URBAN GROWTH, GENERALLY, TEMPORARY PROVISIONS RELATING to GOVERNOR'S EXPANSION OF URBAN GROWTH BOUNDARY FOR ADVANCED MANUFACTURING ARE COMPILED AS NOTES FOLLOWING ORS 197A.200
ORS tit. 19, ch. 197A, PLANNING FOR URBAN GROWTH, GENERALLY, TEMPORARY PROVISIONS RELATING to GOVERNOR'S EXPANSION OF URBAN GROWTH BOUNDARY FOR ADVANCED MANUFACTURING ARE COMPILED AS NOTES FOLLOWING ORS 197A.200
Sections 9 to 12, chapter 25, Oregon Laws 2023, provide:
Sec. 9. Sections 10 and 11 of this 2023 Act are added to and made a part of ORS 197.286 to 197.314 [series became ORS chapter 197A]. [2023 c. 25, § 9]
Sec. 10. (1) On or before December 31, 2024, the Governor by executive order and subject to section 11 of this 2023 Act may bring within an existing urban growth boundary designated lands for the purposes of providing lands available for industrial uses to become part of the state's covered incentive as defined in section 1 of this 2023 Act that relate to the semiconductor industry, advanced manufacturing or the supply chain for semiconductors or advanced manufacturing.
(2) Lands designated by an executive order under this section must be within a site that consists of one or more tracts of land that are:
(a) Contiguous to the city's existing urban growth boundary;
(b) Entirely within three miles of the city's existing urban growth boundary; and
(c) Not within areas designated as acknowledged urban reserves or rural reserves under ORS 195.144 (1), (2)(c) to (e) or (3) [renumbered 197A.250 (1), (2)(c) to (e) or (3)].
(3) Before issuing an executive order under this section, the Governor shall:
(a) Conduct one public meeting, in coordination with the city nearest to the site and each county in which the site is located, to be held in that city for the purpose of discussing bringing within the urban growth boundary the lands or potential lands;
(b) Accept public comments for a period of no fewer than 20 days following the public meeting in paragraph (a) of this subsection; and
(c) Make a determination that existing lands within an urban growth boundary in this state would not meet the needs of the specific project.
(4) A determination made by the Governor under subsection (3)(c) of this section is final and not subject to appeal.
(5) The Governor may designate up to a maximum of eight sites, as follows:
(a) Two sites that exceed 500 acres; and
(b) Six sites that do not exceed 500 acres.
(6) Notwithstanding any other provision of this chapter [series became ORS chapters 197 and 197A] or ORS chapter 195, 215, 227 or 268 or any statewide land use planning goal, lands designated in an executive order under this section are considered to be within the acknowledged urban growth boundary, as described in this chapter [series became ORS chapters 197 and 197A] and ORS chapter 268, as of the date of the executive order.
(7)(a) Jurisdiction is conferred upon the Supreme Court to determine the legal effect of subsections (1) to (6) of this section or the legal effect of any order issued by the Governor under subsections (1) to (6) of this section.
(b) A person who is or will be adversely affected by subsections (1) to (6) of this section or by an order issued by the Governor under subsections (1) to (6) of this section may institute a proceeding for review of the order only by filing a petition with the Supreme Court within 60 days following:
(A) The effective date of this 2023 Act [April 13, 2023]; or
(B) The date of issuance of an executive order that is being challenged by the petition.
(c) A copy of the petition must be served on the Attorney General and Governor.
(d) If the Supreme Court determines that the petition contains factual issues, the Supreme Court may appoint a special master to hear evidence and to prepare recommended findings of fact.
(e) Proceedings for review under this section shall be given priority over all other matters before the Supreme Court.
(8) Notwithstanding any other provision of this chapter [series became ORS chapters 197 and 197A] or ORS chapter 195, 215, 227 or 268 or any statewide land use planning goal, the Land Conservation and Development Commission shall treat as acknowledged, as described in this chapter [series became ORS chapters 197 and 197A], an amendment to a comprehensive plan or an adoption of or amendment to a land use regulation made by a local government with land use jurisdiction over the lands designated under subsection (1) of this section, if:
(a) The enactment or amendment is passed by an ordinance of the governing body of the county after a public hearing;
(b) The ordinance is to allow the use of the land for industrial uses under subsection (1) of this section;
(c) The ordinance is adopted no later than six months following the entry of the executive order designating the lands; and
(d) A copy of the ordinance is delivered to the Land Conservation and Development Commission within 14 days after passage. [2023 c. 25, § 10]
Sec. 11. Land brought within an acknowledged urban growth boundary under section 10 of this 2023 Act is removed from the urban growth boundary upon an order of the Governor upon determining that development of the land will not be receiving federal semiconductor financial assistance, as defined in section 1 of this 2023 Act. [2023 c. 25, § 11]
Sec. 12. Sections 10 and 11 of this 2023 Act are repealed on January 2, 2029. [2023 c. 25, § 12]