Oregon Bill Proposes New Statewide Land Use Planning Goal for Climate Justice

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Schwabe, Williamson & Wyatt PC

Oregon House Bill 2488 requires the Land Conservation and Development Commission to adopt a new statewide planning goal to address climate change mitigation and environmental justice for disadvantaged communities (“Goal 20”). Goal 20 would require local governments, and by extension new projects and land use proposals, to evaluate climate change impacts, mitigate greenhouse gas emission, and protect carbon sequestration areas. Notably, the implementation of Goal 20, including any rule, land use regulation, or land use decision related to Goal 20 is exempted from compensating impacted parties under the Measure 49 statutes (ORS §§ 195.305–195.366) and the protections for property owners contained therein.

Goal 20 also addresses environmental justice and equity. Goal 20 would require identification of relevant disparate impacts in land use planning and decision-making through an equity-mapping tool or comparable methodology. Local governments will be required to address inclusion and equity and remedy disparate impacts in land use decision-making. Implementation of this portion of the Goal 20 will be led by a new advisory committee appointed by the Department of Land Conservation and Development consisting of diverse stakeholders.

A public hearing on HB 2488 before the House Committee on Energy and Environment is happening today, March 29. A work session is scheduled for April 7.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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