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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 936
Sponsored by Senators GORSEK, MANNING JR, Representative TRAN; Representatives BOICE, GAMBA,
GRAYBER, HUDSON, MANNIX, NOSSE, RUIZ
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: This Act allows water cleaning in any land use zone and limits review. (Flesch Read-
ability Score: 65.7).
Makes a public health infrastructure facility an allowed use on any zone if the Oregon Health
Authority, Department of Environmental Quality or United States Environmental Protection Agency
has established a deadline for the development of the facility. Limits criteria that a local govern-
ment may apply in approving the development. Applies to certain applications already under review.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to public health infrastructure facilities; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2025 Act is added to and made a part of ORS chapter 197.
SECTION 2.(1) As used in this section:
(a) “Operator” has the meaning given that term in ORS 448.405.
(b) “Public health infrastructure facility” or “facility” means:
(A) A sewage treatment works as defined in ORS 448.405; or
(B) A water system, as defined in ORS 448.405, including the systems’ intake and dis-
tribution pipelines, distribution mains, and any facilities and accessory buildings located on
the property.
(2) If the Oregon Health Authority, the Department of Environmental Quality or the
United States Environmental Protection Agency issues a rule or order to a local government
or operator, or enters into an agreement with a local government or operator, that requires
the development of a new facility, or requires the expansion, alteration, replacement, im-
provement or modification of an existing facility, by a date certain, development in compli-
ance with the order is an outright permitted use in any zone. A local government shall
administratively approve an application for such a use only as provided in this chapter,
notwithstanding:
(a) Any contrary provision of this chapter or ORS chapter 215 or 227;
(b) Any Land Conservation and Development Commission rule or statewide land use
planninggoal;
(c) Any provision in a comprehensive plan or land use regulation except as described in
subsection (3) of this section; or
(d) Any prior application or decision by the local government for the same or a sub-
stantially similar proposal, regardless of whether such prior proposal was or becomes ap-
proved, denied, withdrawn or appealed.
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1905 SB936
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(3) A local government may apply siting or development standards for the review of any
application under subsection (2) of this section only if the standards:
(a) Are clear and objective;
(b) Do not, individually or cumulatively, discourage the development of an allowed facility
through unreasonable costs or delays; and
(c) Are not related to operational requirements, water quality standards or certification
standards which are or may be regulated by the Oregon Health Authority, the Department
of Environmental Quality or the United States Environmental Protection Agency.
(4) A local government shall issue a final decision under this section within 120 days after
the application is filed by an operator.
(5)(a) A decision made under this section is not a land use decision and may only be ap-
pealed by writ of review under ORS 34.010 to 34.100.
(b) An approval under this section is sufficient for the purposes of demonstrating that
the use is a compatible land use for the purposes of fulfilling any state agency rule that im-
plements ORS 197.180 (1).
SECTION 3. Section 2 of this 2025 Act applies only to an application described in section
2 (2) of this 2025 Act that was submitted on or after the effective date of this 2025 Act.
SECTION 4. (1) Upon the request of an applicant, a local government shall review, or
re-review, an application to develop a facility that was originally submitted to the local gov-
ernment before the effective date of this 2025 Act as provided in this section. The review
must be based on, at the option of the operator, one of the following:
(a) Applicable criteria or conditions of approval imposed by the local government in a
land use decision based on applicable criteria in place before the effective date of this 2025
Act; or
(b) Siting or development standards described in section 2 (3) of this 2025 Act.
(2) The local government may not require the filing of a new application subject to sec-
tion 2 of this 2025 Act if:
(a) The operator had submitted an application under this section; and
(b) The application was previously approved by the local government.
(3) A local government shall administratively issue a final decision on an application de-
scribed in this section within 120 days after the operator has filed a request with the local
government requesting the review of an application under this section. An approval under
this subsection must include any conditions of approval that had been previously imposed by
the local government.
(4)(a) A decision made under this section is not a land use decision and may only be ap-
pealed by writ of review under ORS 34.010 to 34.100.
(b) An approval under this section is sufficient for the purposes of demonstrating that
the use is a compatible land use for the purposes of fulfilling any state agency rule that im-
plements ORS 197.180 (1).
SECTION 5. Section 4 of this 2025 Act is repealed on January 2, 2028.
SECTION 6.This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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