Current through 2024 Regular Session legislation effective June 6, 2024
Section 195.033 - Area population forecasts; rules(1) As used in this section, "affected local government" means: (a) A city or county for which the Portland State University Population Research Center is preparing a population forecast;(b) A county that contains all or part of a city or an urban growth boundary for which the center is preparing a population forecast; and(c) A local service district, as defined in ORS 174.116, that includes territory within the area subject to the population forecast.(2) For the purpose of land use planning, the center shall issue a population forecast for: (a) Each county except Multnomah, Clackamas and Washington Counties;(b) The portions of Multnomah, Clackamas and Washington Counties that are not within Metro; and(c) The area within each urban growth boundary other than the urban growth boundary of Metro.(3) A local government with land use jurisdiction over land for which the center issues population forecasts under subsection (2) of this section shall apply the current final population forecast when changing the comprehensive plan or a land use regulation of the local government.(4) The center shall issue population forecasts for each area described in subsection (2) of this section not less than once every four years on a schedule established by standards adopted by Portland State University in consultation with the Department of Land Conservation and Development.(5) When issuing a population forecast, the center shall:(a) Consider and, if appropriate, incorporate available local data and information about local conditions received from representatives of local governments and members of the public;(b) Cause, directly or with the assistance of the Department of Land Conservation and Development, the issuance of notice to all affected local governments and to members of the public that have provided a written request for notice to the center; and(c) Post the methodology and supporting data used to make the population forecast on a publicly available website when the center causes notice to be issued as described in paragraph (b) of this subsection.(6) A population forecast must forecast population for a 50-year period including:(a) Forecasts for intervals, within the 50-year period, that are established by standards adopted by Portland State University in consultation with the Department of Land Conservation and Development;(b) Population cohorts as provided by standards adopted by the university in consultation with the department;(c) Population data segmented by race, ethnicity and disability status; and(d) Segregated information for populations on tribal lands.(7) Within 45 days after the center issues a proposed population forecast under this section, a member of the public or an affected local government may file objections with the center. An objection must be supported by the inclusion of data or information that supports the objection. If the center: (a) Does not receive an objection within the 45-day period, the proposed population forecast becomes final.(b) Receives an objection within the 45-day period, the center shall review the objections filed, make changes to the proposed population forecast, if necessary in the discretion of the center, and issue a final population forecast.(8) Periodically, the Department of Land Conservation and Development may require the center to submit its forecasting methodology and local data collection practices for review by an advisory committee established by the department and composed of experts in the field of population forecasting, representatives of cities and counties and members of the public.(9) The issuance of a final population forecast under this section is: (a) Not a land use decision; and(b) A final decision not subject to further review or appeal.(10) The Land Conservation and Development Commission, in consultation with Portland State University, shall adopt rules to implement the population forecasting program required by this section.(11) Each biennium, the commission may allocate, from the grant funding described in ORS 197.639 (5), an amount of moneys that the Land Conservation and Development Commission, in consultation with Portland State University, determines is sufficient, in combination with any appropriation by the Legislative Assembly, to operate the population forecasting program required by this section.Amended by 2023 Ch. 13, § 40, eff. 3/29/2023.Amended by 2015 Ch. 767, § 58, eff. 7/27/2015, op. 7/1/2015.195.033 was added to and made a part of ORS chapter 195 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.