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Economic Impact Review - Oregon [proposed]
This 2007 bill (Senate Bill 542) stipulates that cities and counties may not approve proposals for retail stores larger than 100,000 square feet until an economic impact study has been completed and a public hearing on the study's findings has been held.
The developer must pay the cost of the study, which would be conducted by an independent consultant chosen by the city or county.
The study must analyze the effect of the store on existing businesses, jobs, wages, public revenue and costs, retail vacancy rates, and the number of vehicle miles traveled by residents for shopping.
The bill applies to counties, as well as cities, in the event that a large retail development is proposed in an unincorporated area (that is, is not under the jurisdiction of any city).
More:
Full Text of the Proposed - Senate Bill 542 - introduced 2007
SUMMARY
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.
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 + } .
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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