Bill Summary – FastDemocracy

                                83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
                                              House Bill 3560
     Sponsored by Representatives MARSH, NERON, Senator REYNOLDS; Representatives NGUYEN H, WALTERS
                                                             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 expands allowable sites for child care centers. (Flesch Readability Score: 66.1).
         Expands areas where a child care facility may be sited. Requires local governments to update
     their land use laws to comply within one year after the effective date of the Act.
                                                 A BILL FOR AN ACT
 Relating to the siting of child care facilities; creating new provisions; and amending ORS 243.560
      and 329A.440.
 Be It Enacted by the People of the State of Oregon:
      SECTION 1. ORS 329A.440 is added to and made a part of ORS chapter 197.
      SECTION 2. ORS 329A.440 is amended to read:
      329A.440. (1) As used in this section:
      (a) “Child care center” means a child care facility, other than a family child care home, that is
 certified under ORS 329A.280 (3).
      (b) “Family child care home” means a child care facility in a dwelling that is caring for not
 more than 16 children and is certified under ORS 329A.280 (2) or is registered under ORS 329A.330.
      [(c) “Land use regulation” and “local government” have the meanings given those terms in ORS
 197.015.]
      (2)(a) A family child care home is considered a residential use of property for zoning purposes.
 A family child care home is a permitted use in all areas zoned for residential or commercial pur-
 poses, including areas zoned for single-family dwellings.
      (b) A local government may not enact or enforce a land use regulation prohibiting the use of a
 residential dwelling, located in an area zoned for residential or commercial use, as a family child
 care home.
      (c) A local government may not impose land use regulations, special fees or conditions on the
 establishment or maintenance of a family child care home more restrictive than those imposed on
 other residential dwellings in the same zone.
      (3) Notwithstanding subsection (2)(c) of this section, a county may impose reasonable conditions
 on the establishment of a family child care home in an area zoned for farm use.
      (4)(a) A child care center is a permitted use [in all areas zoned for] on land:
      (A) Zoned to allow for 12 or more residential units per acre;
      (B) In urban unincorporated zones or zoned to allow for residential use, if the center is
 colocated with an allowed institutional use, including a civic center, public recreational cen-
 ter, public park, place of worship, school, college or library; or
      (C) Zoned to allow commercial or industrial use, except in areas specifically designated by the
     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 845
                                              HB 3560
 local government for heavy industrial use.
     (b) A local government may not impose land use regulations, special fees or conditions on the
 establishment or maintenance of a child care center in an area zoned for commercial or industrial
 use that are more restrictive than those imposed for other uses in the same zone[.]
     [(5) Notwithstanding subsection (4) of this section, a], but the local government may impose
 [reasonable conditions] upon the establishment or maintenance of a child care center in an area
 zoned for industrial uses[.]
     [(6) As used in this section, “reasonable conditions” includes, but is not limited to,] reasonable
 conditions, including siting restrictions for properties designated on the Department of Environ-
 mental Quality’s statewide list of contaminated properties as having known or suspected releases
 of hazardous substances.
     SECTION 3. A local government shall comply as described in ORS 197.646 (1) with the
 new requirements imposed under the amendments to ORS 329A.440 by section 2 of this 2025
 Act within one year after the effective date of this 2025 Act.
     SECTION 4. ORS 243.560 is amended to read:
     243.560. (1) The Public Employees’ Benefit Board may provide, administer and maintain an ex-
 pense reimbursement plan for the benefit of eligible employees of this state.
     (2) In providing an expense reimbursement plan, the board shall adopt rules to:
     (a) Determine the qualifications of eligible employees and the expenses eligible for reimburse-
 ment.
     (b) Establish limits on the amount by which an eligible employee’s compensation may be re-
 duced.
     (c) Establish procedures for enrollment of eligible employees in an expense reimbursement plan.
     (d) Establish requirements for verification of reimbursable expenses.
     (3) The board may assess a charge to participating employees to pay the cost of administering
 the plan or may pay some or all of the cost from funds authorized to pay general administration
 expenses incurred by the board or from earnings on moneys deposited with the account administra-
 tor as designated by the board.
     (4) The state shall maintain accounts and records necessary and appropriate to the efficient
 administration of ORS 243.550 to 243.585 [and 329A.440] or that may be required under federal or
 state law.
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