2015 ORS 222.890¹
Review of alternative plan

(1) An alternative plan proposed pursuant to ORS 222.885 (Alternative plan by petition or resolution) shall be reviewed by the Oregon Health Authority in cases where danger to public health is caused by impure or inadequate domestic water and in all other cases by the Environmental Quality Commission. The plan shall be approved or rejected by the authority or commission. In reviewing the alternative plan contained in the petition, the authority or commission shall consider whether, in its judgment, the plan contains a preferable alternative for the alleviation or removal of the conditions dangerous to public health.

(2)(a) With respect to an alternative plan proposed in a petition filed under ORS 222.885 (Alternative plan by petition or resolution) (1), if the authority or commission determines that annexation to the city provides the best and most expeditious method of removing or alleviating the dangerous conditions, the alternative plan shall be rejected and further proceedings on the finding filed under ORS 222.880 (Oregon Health Authority order or finding) shall resume.

(b) With respect to an alternative plan proposed in a resolution filed under ORS 222.885 (Alternative plan by petition or resolution) (2), if the authority or commission determines that annexation to the city provides the best, most expeditious and most cost-effective method of removing or alleviating the dangerous conditions, the alternative plan shall be rejected and further proceedings on the finding filed under ORS 222.880 (Oregon Health Authority order or finding) shall resume.

(3) If the authority or commission finds that the alternative plan provides a preferable method of alleviating or removing the dangerous conditions, the petitioners or appropriate governing body shall have six months within which to present to the authority or commission information showing:

(a) That the territory in which the conditions dangerous to public health exist:

(A) Has received approval for the extension of a citys or districts sewer or water lines within the territory or has annexed to a district authorized by law to provide facilities necessary to remove or alleviate the dangerous conditions, and that financing of the facilities for extension of such facilities to the territory has been assured; or

(B) Has taken substantial steps to implement the alternative plan.

(b) Detailed plans and specifications for the construction of any proposed facilities.

(c) A time schedule for the construction of any proposed facilities.

(d) That proposed facilities, if constructed, will remove or alleviate the conditions dangerous to public health in a manner as satisfactory and expeditious as would be accomplished by the proposed annexation to the city.

(4)(a) The authority or commission shall review the final plan proposed by the petitioners, city or district and shall promptly certify whether the requirements of subsection (3) of this section have been met.

(b) If the requirements have been met, the authority shall certify the alternative plan. Further annexation proceedings on the findings filed under ORS 222.880 (Oregon Health Authority order or finding) shall be suspended and the city shall be so notified.

(c) If the requirements of subsection (3) of this section have not been met or whenever the authority or commission determines that the requirements of the certified plan are not being satisfied, further proceedings on the findings filed under ORS 222.880 (Oregon Health Authority order or finding) shall resume. [1967 c.624 §8a (3), (4), (5); 1973 c.637 §9; 1975 c.639 §8; 1983 c.407 §10; 2009 c.595 §188; 2015 c.281 §2]

Notes of Decisions

These pro­vi­sions authorizing the state Health Division to order annexa­tion to a city or territory within which there exist condi­tions dangerous to the public health do not constitute an unlawful delega­tion of legislative power. Kelly v. Silver, 25 Or App 441, 549 P2d 1134 (1976)

These sec­tions apply even though an area is served by an existing sanitary district. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), affd as modified 289 Or 417, 614 P2d 1151 (1980)

As agency ac­tions under these sec­tions do not involve decisions concerning land use, ORS 197.180 (State agency planning responsibilities), requiring adherence to state-wide planning goals in planning and other ac­tions by state agencies, is inapplicable. West Side Sanitary Dist. v. Health Div., 42 Or App 755, 601 P2d 858 (1979), affd as modified 289 Or 417, 614 P2d 1151 (1980)

Atty. Gen. Opinions

Territory separated into two parcels as eligible for health hazard annexa­tion, (1980) Vol 41, p 195

Chapter 222

Notes of Decisions

Provisions of this chapter do not require final decisions on small tract annexa­tions to be made in quasi-judicial pro­ceed­ings rather than by popular vote. Stewart v. City of Corvallis, 48 Or App 709, 617 P2d 921 (1980), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 222—City Boundary Changes; Mergers; Consolidations; Withdrawals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors222.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 222, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano222.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.