Subcommittee hears LUBA budget request including $450,000 IT modernization and proposed fee increases

The Natural Resources Subcommittee on Thursday heard presentations and questions on Senate Bill 5529, the appropriation bill for the Land Use Board of Appeals (LUBA), including a request for one-time funding to modernize the agency's case management and electronic filing systems and a related proposal to raise appeal fees under Senate Bill 817.

Kendra Beck of the Department of Administrative Services chief financial office told the subcommittee, "I'm here to give a brief overview of the 25, 27 governor's recommended budget for the land use board of appeals." She said the governor's recommended budget adds roughly $450,000 for an IT modernization project and that the total recommended budget rises from about $3,500,000 in current service level to about $3,900,000 because of that request.

H. M. Zamudio, chair of LUBA, said the agency remains "fully staffed and in a steady state" but described longstanding operational limits tied to a legacy case database and paper filing. "The number 1 question that LUBA board members and the staff receive when we're out in community in our official capacity is when is LUBA getting e filing?" Zamudio said, noting LUBA has identified a commercial off-the-shelf solution and plans to work with an IT vendor for configuration and migration.

Why it matters: LUBA is the statutorily authorized appellate body for contested land use decisions in Oregon (ORS 197.805–197.860). Its processes set timelines that can affect development schedules statewide. Committee members pressed on costs, access to the appeal process, and how modernization would change staff workload and public access to records.

Details of the modernization request and budget: LUBA described reliance on paper filing, certified mail dates for initiation, and a legacy Microsoft Access case database. The agency said modernization would include an electronic case management and filing system (vendor identified in materials as Tyler Technologies, a contractor on state price agreement), license and support costs, and funding for IT professional services for project management and business analysis. LUBA staff estimated the IT modernization at roughly $450,000; the governor's recommended budget was described as roughly $3.9 million compared with a current service level near $3.5 million.

Fee changes and related policy options: LUBA told the committee it supports Senate Bill 817 to amend ORS 197.830 to raise the appeal filing fee from $300 to $350 and increase the intervention fee from $100 to $200. LUBA also proposes removing the statutory requirement that the filing fee be awarded to the local government when a petitioner fails to file an opening brief; the agency said the award is rarely requested and administratively costly to process.

Operational and personnel requests: LUBA described a request to reclassify an executive support specialist to an executive assistant to relieve administrative burdens on the three-member board; the board noted the reclassification cost at $9,357. The agency also requested routine computer replacement funding on a three-year cycle and modest increases for bar dues and services-and-supplies true-ups.

Publication practice and access: LUBA said it discontinued printing bound "LUBA Reporter" volumes in 2023 because printing costs and staff time exceeded revenue from sales; decisions remain posted on the agency website and in subscription legal databases such as Westlaw and LexisNexis. Zamudio said remote oral arguments and posted recordings have improved statewide access.

Workload, timeliness and performance: LUBA told the committee that appeals volume and complexity track economic cycles. The agency reported 92 new appeals in 2023 (97 resolved) and 99 new appeals in 2024 (83 resolved). LUBA said roughly half of appeals were affirmed and half remanded or reversed in the recent period and that about 20% of LUBA decisions are appealed to the Court of Appeals. Statutory deadlines cited by LUBA include a 77-day target for final decisions and a 60-day deadline to resolve record objections; the agency said delays of even a few days matter because many development approvals rely on time-sensitive financing or construction windows.

Questions and follow-up: Committee members raised access concerns, pro se representation rates, and whether modest fee increases would deter appeals. Representative Iverson and Senator Anderson voiced support for raising filing fees; LUBA said it would provide data on how many appellants appear pro se. The agency also outlined potential budget-reduction scenarios (staff or SNS cuts) and warned that small staffing changes materially affect operations.

Next steps and closing: The subcommittee closed the SB 5529 hearing and staff noted an upcoming informational hearing on House Bill 5026 (Oregon Parks and Recreation Department) scheduled for Monday, March 3. No formal committee votes on SB 5529 or SB 817 occurred during the hearing.