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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3971
Sponsored by Representative FRAGALA, Senator PROZANSKI; Representatives FAHEY, NATHANSON, Senator
MANNING JR
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 requires counties in the valley to approve a land use application for a landfill.
(Flesch Readability Score: 63.6).
Requires counties to approve a land use application to develop a mixed-waste facility on certain
lands in the Willamette Valley.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to solid waste disposal in the Willamette Valley; 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 459.005 to
459.437.
SECTION 2. (1) The Legislative Assembly finds and declares that short-term and long-
term solid waste disposal in the Willamette Valley is a matter of statewide concern.
(2) Notwithstanding any provision of ORS chapter 92, 195, 197 or 215, any statewide land
use planning goal, rule of the Land Conservation and Development Commission or local land
use regulation, zoning ordinance, regional framework plan, functional plan or comprehensive
plan, or any county ordinance, a county shall approve a land use application for an integrated
materials and energy recovery facility if the facility will be sited on land that is:
(a) Owned by a local government unit;
(b) Located in the Willamette Valley, as defined in ORS 215.010;
(c) Located outside of any urban growth boundary; and
(d) Zoned to allow for industrial, light industrial or public facilities uses.
(3)(a) A local government may approve or deny an application for a facility under this
section without a hearing. Whether a hearing is held, the approval or denial is not a land
use decision and is subject to review only under ORS 34.010 to 34.100.
(b) A reviewing court shall award attorney fees to a county, and any intervening appli-
cant, that prevails on the appeal of a county’s approval under this section.
(4) As used in this section, “integrated materials and energy recovery facility” means a
facility that includes equipment for mixed waste processing, sorting lines for processing
commingled recycling and an anaerobic digester to produce biogas from diverted organic
waste.
SECTION 3.
Section 2 of this 2025 Act is repealed on January 2, 2028.
SECTION 4. 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
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 4897
HB 3971
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on its passage.
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