74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2345
 
                         Senate Bill 542
 
Sponsored by Senator PROZANSKI (at the request of Cathy
  Bellavita)
 
 
                             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.
 
  Requires city or county to prepare and review economic impact
report before approving or disapproving application for permit to
construct retail building larger than 100,000 gross square feet.
 
                        A BILL FOR AN ACT
Relating to construction of superstore retailers.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS 215.402 to 215.438. + }
  SECTION 2.  { + (1) The Legislative Assembly finds and declares
that:
  (a) The construction and operation of a superstore retailer has
land use, environmental, economic, fiscal and social equity
effects that extend beyond the boundaries of the county in which
the superstore retailer is located.
  (b) It is essential for the statewide public health, safety and
welfare to require counties to evaluate and consider the
potential spillover effects of approving the construction and
operation of a superstore retailer.
  (c) The review and regulation of superstore retailers is a
matter of statewide concern.
  (2) Before approving or disapproving an application for a
permit to construct a superstore retailer, the county shall
prepare, or cause to be prepared by a neutral third party
qualified by education, training and experience to do so, an
economic impact report.
  (3) The economic impact report required by subsection (2) of
this section must include, but need not be limited to:
  (a) An assessment of the extent to which the proposed
superstore retailer will capture a share of retail sales in the
market area.
  (b) An assessment of how the construction and operation of the
proposed superstore retailer will affect the supply and demand
for retail space in the market area.
  (c) An assessment of how the construction and operation of the
proposed superstore retailer will affect employment in the market
area, including:
  (A) The number of individuals employed in existing similar
retail businesses in the market area.
 
  (B) An estimate of the number of individuals who will likely be
employed by the proposed superstore retailer.
  (C) An assessment of whether the proposed superstore retailer
will result in a net increase or decrease in retail employment.
  (D) The effect on wages and benefits of employees of other
similar retail businesses.
  (d) A projection of the costs of public services and public
facilities required as a result of the construction and operation
of the proposed superstore retailer.
  (e) A projection of the public revenues as a result of the
construction and operation of the proposed superstore retailer.
  (f) An assessment of the effect that the construction and
operation of the proposed superstore retailer will have on retail
operations in the same market area, including the potential for
blight resulting from retail business closures.
  (g) An assessment of the effect that the construction and
operation of the proposed superstore retailer will have on the
ability of the county to remain in compliance with the statewide
land use planning goals implemented through its acknowledged
comprehensive plan and land use regulations.
  (h) An assessment of the effect that the construction and
operation of the proposed superstore retailer will have on
average total vehicle miles traveled by retail customers in the
same market area.
  (i) An assessment of the potential for long-term vacancy of the
property on which the superstore retailer is proposed if the
superstore retailer were to vacate the premises.
  (4) After the completion of the economic impact report required
by subsection (2) of this section and at least 30 days before
approving or disapproving the application for a permit, the
governing body of the county shall provide an opportunity for
public comment on the economic impact report and its findings at
one or more regularly scheduled meetings.
  (5) The applicant shall pay the county for the costs of
preparing the economic impact report.
  (6) As used in this section:
  (a) 'Market area' means a geographical area that is large
enough to support and be affected by the location of the specific
type of superstore retailer.
  (b) 'Superstore retailer' means a retail seller of goods to the
public in a business establishment that requires more than
100,000 square feet of gross buildable area. + }
  SECTION 3.  { + Section 4 of this 2007 Act is added to and made
a part of ORS 227.160 to 227.186. + }
  SECTION 4.  { + (1) The Legislative Assembly finds and declares
that:
  (a) The construction and operation of a superstore retailer has
land use, environmental, economic, fiscal and social equity
effects that extend beyond the boundaries of the city in which
the superstore retailer is located.
  (b) It is essential for the statewide public health, safety and
welfare to require cities to evaluate and consider the potential
spillover effects of approving the construction and operation of
a superstore retailer.
  (c) The review and regulation of superstore retailers is a
matter of statewide concern.
  (2) Before approving or disapproving an application for a
permit to construct a superstore retailer, the city shall
prepare, or cause to be prepared by a neutral third party
qualified by education, training and experience to do so, an
economic impact report.
  (3) The economic impact report required by subsection (2) of
this section must include, but need not be limited to:
  (a) An assessment of the extent to which the proposed
superstore retailer will capture a share of retail sales in the
market area.
  (b) An assessment of how the construction and operation of the
proposed superstore retailer will affect the supply and demand
for retail space in the market area.
  (c) An assessment of how the construction and operation of the
proposed superstore retailer will affect employment in the market
area, including:
  (A) The number of individuals employed in existing similar
retail businesses in the market area.
  (B) An estimate of the number of individuals who will likely be
employed by the proposed superstore retailer.
  (C) An assessment of whether the proposed superstore retailer
will result in a net increase or decrease in retail employment.
  (D) The effect on wages and benefits of employees of other
similar retail businesses.
  (d) A projection of the costs of public services and public
facilities required as a result of the construction and operation
of the proposed superstore retailer.
  (e) A projection of the public revenues as a result of the
construction and operation of the proposed superstore retailer.
  (f) An assessment of the effect that the construction and
operation of the proposed superstore retailer will have on retail
operations in the same market area, including the potential for
blight resulting from retail business closures.
  (g) An assessment of the effect that the construction and
operation of the proposed superstore retailer will have on the
ability of the city to remain in compliance with the statewide
land use planning goals implemented through its acknowledged
comprehensive plan and land use regulations.
  (h) An assessment of the effect that the construction and
operation of the proposed superstore retailer will have on
average total vehicle miles traveled by retail customers in the
same market area.
  (i) An assessment of the potential for long-term vacancy of the
property on which the superstore retailer is proposed if the
superstore retailer were to vacate the premises.
  (4) After the completion of the economic impact report required
by subsection (2) of this section and at least 30 days before
approving or disapproving an application for a permit, the
governing body of the city shall provide an opportunity for
public comment on the economic impact report and its findings at
one or more regularly scheduled meetings.
  (5) The applicant shall pay the city for the costs of preparing
the economic impact report.
  (6) As used in this section:
  (a) 'Market area' means a geographical area that is large
enough to support and be affected by the location of the specific
type of superstore retailer.
  (b) 'Superstore retailer' means a retail seller of goods to the
public in a business establishment that requires more than
100,000 square feet of gross buildable area. + }
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