(2)(a) Forty percent of the residents of territory otherwise eligible for annexation in accordance with ORS 222.111 who believe a danger to public health exists within the territory may petition the local board of health to initiate proceedings to annex the territory as provided in subsection (1) of this section.

(b) The local board of health shall investigate the matters alleged in the petition within 90 days after receiving the petition and shall either initiate proceedings to annex the territory or certify to the petitioners that the investigation disclosed insufficient evidence to initiate proceedings.

(3)(a)(A) At any time before the annexation of territory initiated under subsection (2) of this section is final, the petition shall be withdrawn if a number of petitioners described in subparagraph (B) of this paragraph provides the local board of health with a copy of an alternative plan that meets the requirements of ORS 222.885 (1)(c).

(B) The required number of petitioners under this paragraph is any number that, if subtracted from the number of petitioners who signed the petition under subsection (2) of this section, would reduce the total number of petitioners below 40 percent of the residents of the territory.

(b) If a petition is withdrawn under paragraph (a) of this subsection before the Director of the Oregon Health Authority finds that a danger to public health exists in the territory under ORS 222.880, the Oregon Health Authority and the local board of health shall terminate all proceedings under ORS 222.840 to 222.915 with respect to the territory that was the subject of the petition.

(c) If a petition is withdrawn under paragraph (a) of this subsection after the director finds that a danger to public health exists in the territory under ORS 222.880, the alternative plan provided under paragraph (a) of this subsection shall be evaluated by the authority or the Environmental Quality Commission pursuant to the standards described in ORS 222.890. [1967 c.624 §11; 1973 c.637 §12; 1975 c.639 §15; 1981 c.888 §9; 2015 c.281 §3]

Note: Section 4, chapter 281, Oregon Laws 2015, provides:

Sec. 4. (1) The amendments to ORS 222.885, 222.890 and 222.905 by sections 1 to 3 of this 2015 Act apply to proceedings initiated pursuant to ORS 222.840 to 222.915 in which the annexation of affected territory to a city or district, or the extraterritorial extension of city or district services to affected territory, is not final before the effective date of this 2015 Act [June 8, 2015].

(2) The amendments to ORS 222.905 (2) by section 3 of this 2015 Act apply to petitions filed before, on or after the effective date of this 2015 Act that relate to proceedings described in subsection (1) of this section. A petition described in this subsection that does not meet the 40 percent requirement under ORS 222.905 (2) is not valid for any purpose.

(3) For purposes of this section, annexation or extension is final if all necessary actions under ORS 222.840 to 222.915 have been completed and judicial review under ORS 222.896 is no longer available because of lapse of time or issuance of an order from which there is no further appeal. [2015 c.281 §4]