Oregon Electrical Licensing Law

Oregon Code · 367 sections

The following is the full text of Oregon’s electrical licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 100.110

100.110, if:

�� (a) The property is subject to an agreement described in ORS 308.462 (2);

�� (b) Based on the most recent statement of rental rates filed under ORS 308.474, the rental rates of all units are equal to or greater than 125 percent of the Section 8 fair market rent, adjusted for unit size, as established and periodically adjusted by the Secretary of Housing and Urban Development pursuant to 42 U.S.C. 1437f, as amended and in effect on October 4, 1997;

�� (c) The property owner files a written request with the governing body for a waiver of the provisions of subsection (1)(c) of this section between six months before and six months after the declaration is submitted to the assessor for approval under ORS 100.110; and

�� (d) The governing body approves the request.

�� (3) If, at the time of presentation or discovery, the property is no longer receiving limited assessment, additional taxes shall be collected as provided in this section, but the number of years that would otherwise be used to compute the additional taxes shall be reduced one year for each year that has elapsed since the year the property was last granted limited assessment beginning with the oldest year for which additional taxes are due.

�� (4) The assessment and tax rolls shall show �potential additional tax liability� for each property granted limited assessment under ORS 308.450 to 308.481.

�� (5) Additional taxes collected under this section shall be deemed to have been imposed in the year to which the additional taxes relate. [1981 c.697 �2; 1983 c.630 �1; 1987 c.158 �47; 1987 c.459 �34; 1989 c.1051 �13a; 1991 c.459 �136; 1995 c.79 �130; 1997 c.830 �3]

�� 308.480 [Repealed by 1975 c.365 �4]

�� 308.481 Extending deadline for completion of rehabilitation project; grounds. Notwithstanding any provision of ORS 308.477, if the governing body finds that the rehabilitation improvements were not completed by January 1, 2017, due to circumstances beyond the control of the owner, and that the owner had been acting and could reasonably be expected to act in good faith and with due diligence, the governing body may extend the deadline for completion for a period not to exceed 12 consecutive months. [1975 c.696 �10; 1977 c.472 �7; 1979 c.768 �4; 1985 c.320 �5; 1991 c.459 �137; 1997 c.541 �201; 1997 c.830 �4; 2007 c.469 �5]

NONPROFIT HOMES FOR ELDERLY PERSONS

�� 308.490 Determining value of homes for elderly persons. (1) The Legislative Assembly finds that ordinary methods of determining the assessed value of real property, particularly by consideration of the cost of replacing a structure with a similar and comparable one of equivalent utility, are not appropriate with respect to property of nonprofit homes for elderly persons, operated by corporations described in ORS 307.375. The Legislative Assembly declares that the benefits inherent in operation of these homes, especially in the housing and care furnished to elderly persons for whom this state and its political subdivisions otherwise might be responsible, justifies the use of criteria set out in subsection (2) of this section.

�� (2) In determining the assessed value of the property of a nonprofit home for elderly persons, operated by a corporation described in ORS 307.375, the county assessor shall not take into account considerations of replacement cost, but shall consider:

�� (a) The amount of money or money�s worth for which the property may be exchanged within a reasonable period of time under conditions in which both parties to the exchange are able, willing and reasonably well informed.

�� (b) The gross income that reasonably could be expected from the property if leased or rented to the public generally, less annual operating expenses, reserves for replacements and insurance, depreciation and taxes.

�� (c) The relative supply and demand for similar properties.

�� (d) The relative value of the location of the property. [1969 c.587 �8; 1981 c.624 �12; 1983 s.s. c.5 �7; 1991 c.459 �138; 1997 c.541 �202]

ASSESSMENT OF DESIGNATED UTILITIES AND COMPANIES BY DEPARTMENT OF REVENUE

�� 308.505 Definitions for ORS 308.505 to 308.674. As used in ORS 308.505 to 308.674:

�� (1) �Car� or �railcar� means a vehicle adapted to the rails of a railroad.

�� (2) �Centrally assessed� means the assessment of property by the Department of Revenue under ORS 308.505 to 308.674.

�� (3)(a) �Communication� includes telephone communication and data transmission services by whatever means provided.

�� (b) �Communication� does not include the services of television and radio stations licensed by the Federal Communications Commission that use primarily earth-based transmitters to broadcast programming via radio waves to television or radio receivers that use indoor or outdoor antennas for reception, including, but not limited to, rabbit ear, whip, loop, Yagi and log-periodic antennas.

�� (4) �Data center� means an online service data center or an independent data center.

�� (5) �Data transmission services� does not include providing electronic mail accounts or search engine services solely by means of contractual agreement with another company that owns the transmission property if providing such accounts or services are the only data transmission services provided by the company in Oregon.

�� (6) �Historical or original cost� means all costs incurred by a company in placing property in service for the property�s intended use by the company, including, but not limited to, purchase price, freight, engineering fees, legal fees, materials, labor, overhead, taxes, interest, entrepreneurial profit and other fees, expenses and charges related to construction or installation.

�� (7) �Independent data center� means real and personal property consisting of buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and related infrastructure support equipment, including, without limitation, power and cooling equipment, used primarily to provide, as a service to persons other than the company operating the independent data center, data and transaction processing services, outsource information technology services and computer equipment colocation services. For purposes of this subsection, the primary use of property is based on the relative proportion of the original cost of property used for all purposes.

�� (8) �Inland water� means all water or waters within the State of Oregon, all interstate rivers touching Oregon and all tidewaters extending to the ocean bars.

�� (9) �Interstate� means transit between the State of Oregon and:

�� (a) Another state;

�� (b) A district, territory or possession of the United States; or

�� (c) A foreign country.

�� (10) �Large private railcar company� means a private railcar company with personal property with a real market value for the tax year that exceeds $1 million.

�� (11) �Locally assessed� means the assessment of property for property tax purposes by the county assessor that is not conducted under ORS 308.505 to 308.674.

�� (12) �Online service data center� means real and personal property consisting of buildings or structures specifically designed or modified to house networked computers and data and transaction processing equipment and related infrastructure support equipment, including, without limitation, power and cooling equipment, used primarily to provide, to a single user, including the user�s affiliates, customers, lessees, vendors and other persons authorized by the user, data and transaction processing services. For purposes of this subsection, the primary use of property is based on the relative proportion of the original cost of property used for all purposes.

�� (13) �Person,� �company,� �corporation� or �association� means any person, group of persons, whether organized or unorganized, firm, joint stock company, association, cooperative or mutual organization, people�s utility district, joint operating agency as defined in ORS 262.005, syndicate, entity formed to partner or combine public and private interests, partnership or corporation engaged in performing or maintaining any business or service or in selling any commodity as set forth in ORS 308.515, whether or not the activity is pursuant to any franchise and whether or not the person or other entity or combination of entities possesses characteristics of limited or unlimited liability.

�� (14) �Property�:

�� (a) Means all property of any kind, whether real, personal, tangible or intangible, that is used or held by a company as owner, occupant, lessee or otherwise, for the performance or maintenance of a business or service or for the sale of a commodity, as described in ORS 308.515;

�� (b) Includes, but is not limited to, the lands and buildings, rights of way, roadbed, water powers, vehicles, cars, rolling stock, tracks, office furniture, telephone and transmission lines, poles, wires, conduits, switchboards, machinery, appliances, appurtenances, docks, watercraft irrespective of the place of registry or enrollment, merchandise, inventories, tools, equipment, machinery, franchises and special franchises, work in progress and all other goods or chattels; and

�� (c) Does not include items of intangible property that represent:

�� (A) Claims on other property, including money at interest, bonds, notes, claims, demands or any other evidence of indebtedness, secured or unsecured; or

�� (B) Any shares of stock in corporations, joint stock companies or associations.

�� (15) �Property having situs in this state� means all property, real and personal, of a company, owned, leased, used, operated or occupied by it and situated wholly within this state, and, as determined under ORS 308.550 and 308.640, the proportion of the movable, transitory or migratory personal property owned, leased, used, operated or occupied by a company, including but not limited to watercraft, aircraft, rolling stock, vehicles and construction equipment, as is used partly within and partly outside of this state.

�� (16) �Small private railcar company� means a private railcar company with personal property with a real market value for the tax year that does not exceed $1 million.

�� (17) �Transportation� means carrying, conveying or moving passengers or property from one place to another.

�� (18) �Vehicle� means any wheeled or tracked device used in transportation under, on or in connection with the physical surface of the earth. [Amended by 1957 c.711 �1; 1969 c.12 �2; 1973 c.102 �1; 1973 c.722 �12; 1977 c.888 �38; 1997 c.154 �31; 2005 c.94 �52; 2009 c.128 �3; 2015 c.23 �9; 2021 c.421 �1]

�� 308.510 Real and personal property classified for ORS 308.505 to 308.674. For purposes of assessing property under ORS 308.505 to 308.674:

�� (1) All land of any railroad, logging road, electric rail or railroad switching and terminal company, including land used or held and claimed exclusively as right of way, with all the tracks and substructures and superstructures that support the right of way, together with all buildings or other structures or improvements, without separating the land and improvements, is real property. Vehicles and any other property is personal property.

�� (2) All land of any company is real property. Except as provided in subsection (1) of this section, all buildings, structures, improvements of any kind or fixtures of a permanent character of any kind that are located on land that is owned or used by a company is real property. All other property owned or used by a company is personal property.

�� (3)(a) Except as provided in ORS 308.517 (2) and paragraphs (b) and (c) of this subsection, the renting, leasing, chartering or otherwise assigning of property exclusively for the use or benefit of another does not constitute a use by the lessor.

�� (b) A lessor shall be deemed the user of property rented, leased or otherwise furnished by the lessor to the employees of the lessor as an incident of employment.

�� (c) A rail transportation company shall be deemed the user of property located within the rail transportation company�s station ground reservations or rights of way, notwithstanding that the property may be leased, rented or otherwise assigned by the rail transportation company for the use or benefit of another.

�� (4) Property found by the Department of Revenue to have an integrated use for or in more than one business, service or sale, where at least one such business, service or sale is one enumerated in ORS 308.515, shall be classified by the department as being within or without the definition of property under ORS 308.505, according to the primary use of such property, as determined by the department.

�� (5) For purposes of determining the maximum assessed value of property under section 11, Article XI of the Oregon Constitution, �property� means all property assessed to each company that is subject to assessment under ORS 308.505 to 308.674. [Amended by 1957 c.711 �2; 1977 c.602 �2; 1997 c.154 �32; 1997 c.541 �203; 2003 c.46 �18; 2009 c.128 �4]

�� 308.515 Department to make annual assessment of designated utilities and companies. (1) The Department of Revenue shall make an annual assessment of any property that has a situs in this state and that, except as provided in subsection (3) of this section, is used or held for future use by any company in performing or maintaining any of the following businesses or services or in selling any of the following commodities, whether in domestic or interstate commerce or in any combination of domestic and interstate commerce, and whether mutually or for hire, sale or consumption by other persons:

�� (a) Railroad transportation;

�� (b) Railroad switching and terminal;

�� (c) Electric rail transportation;

�� (d) Private railcar transportation;

�� (e) Air transportation;

�� (f) Water transportation upon inland water of the State of Oregon;

�� (g) Air or railway express;

�� (h) Communication;

�� (i) Heating;

�� (j) Gas;

�� (k) Electricity;

�� (L) Pipeline;

�� (m) Toll bridge; or

�� (n) Private railcars of all companies not otherwise listed in this subsection, if the private railcars are rented, leased or used in railroad transportation for hire.

�� (2) The assessment described in subsection (1) of this section shall be made on an assessment roll that is prepared by the division of the department charged with property tax administration.

�� (3) There may not be assessed under subsection (1) of this section:

�� (a) Any property used by or for water transportation companies whose watercraft ply exclusively on the high seas, or between the high seas and inland water ports or terminals, or any combination thereof.

�� (b) Any property used by or for water transportation companies exclusively for hire by other persons for booming and rafting, dredging, log or marine salvage, ship berthing, maintenance, sludge removal, cleaning or repair, marine or water-based construction, or guide service.

�� (c) Any property used by or for interstate ferries or by or for water transportation companies as ferries operating directly across interstate rivers.

�� (d) Any property of the National Railroad Passenger Corporation.

�� (e) Any aircraft that is required to be registered under ORS 837.040 for all or any part of the calendar year and that is not used to provide scheduled passenger service.

�� (4) Any corporation included within subsection (1) of this section, to the extent that it actively engages in any business or service not described therein or not incidental to any business or service or sale of a commodity described therein, may not to that extent be deemed a corporation whose properties are assessed under ORS 308.505 to 308.674.

�� (5) The department shall assess property owned, leased or occupied by a legal entity not yet engaged in a business, service or sale of a commodity that is described in subsection (1) of this section if the property is intended for operation or use in the business, service or sale of the commodity. [Amended by 1955 c.735 �1; 1957 c.711 �3; 1959 c.109 �1; 1965 c.175 �1; 1973 c.102 �2; 1973 c.402 �8; 1981 c.623 �4; 1983 c.600 �1; 1987 c.601 �1; 1995 c.256 �1; 1997 c.154 �33; 1997 c.656 �2; 1999 c.223 �1; 2005 c.94 �53; 2009 c.128 �5; 2012 c.103 �1]

�� 308.516 Certain exceptions to ORS 308.515. (1) A company is not a company described in ORS 308.515 (1) to the extent that the company furnishes undiluted liquefied or industrial gas in bottles, tanks or similar containers.

�� (2) A company is not a company described in ORS 308.515 (1) if:

�� (a) The company generates electricity primarily for the company�s own use and makes no more than incidental sales of the company�s surplus electricity to other persons; or

�� (b)(A) The company�s generating facility is primarily fueled by wood waste or other biomass fuel;

�� (B) The generating facility has a maximum capacity of 20 megawatts; and

�� (C) The company, if selling the generated electricity, does so only directly to an electric utility, as defined in ORS 758.505, for the electric utility�s distribution to utility customers.

�� (3)(a) A company that is in the business of communication and is the owner or lessee of a data center is not a company described in ORS 308.515 (1) if the historical or original cost of all real and tangible personal property, other than data centers, that is owned or leased by the company in Oregon, is in service and is used by the company in the business of communication, is less than or equal to 10 percent of the historical or original cost of the real and tangible personal property of all data centers owned, leased or used by the company in Oregon and all additions to the data center property.

�� (b) For purposes of this subsection, property other than data centers used in the business of communication does not include property to the extent the property constitutes:

�� (A) An office;

�� (B) A warehouse;

�� (C) A manufacturing plant;

�� (D) A retail outlet;

�� (E) Property used in connection with a data center to generate electricity; or

�� (F) Electricity generated by property described in subparagraph (E) of this paragraph.

�� (4) For purposes of ORS 308.515 (1), a company is not a company in the business of communication solely because the company manufactures or holds out for sale property used by any person in communication. [2012 c.103 �3; 2015 c.23 �7]

�� 308.517 To whom property assessed; certain property not to be assessed. (1) Except as provided in subsections (2) and (3) of this section, the Department of Revenue shall assess to the property user all property owned, leased, rented, chartered or otherwise held for or used by it in performing a business, service or sale of a commodity enumerated in ORS 308.515.

�� (2) Where any property owned, leased, rented, chartered or otherwise assigned by an owner, lessor, lessee or user whose property is otherwise subject to ORS 308.505 to

ORS 100.200

100.200.

�� (g) A financial statement. The financial statement:

�� (A) Must consist of a balance sheet and an income and expense statement for the preceding 12-month period or the period following the recording of the declaration, whichever period is shorter.

�� (B) Must be reviewed, in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, by an independent certified public accountant licensed in the State of Oregon if the annual assessments of an association of unit owners exceed $75,000.

�� (h) Association funds or control thereof, including, but not limited to, funds for reserve required under ORS 100.530 (3)(b) and any bank signature cards.

�� (i) All tangible personal property that is property of the association and an inventory of such property.

�� (j) A copy of the following, if available:

�� (A) The as-built architectural, structural, engineering, mechanical, electrical and plumbing plans.

�� (B) The original specifications indicating thereon all material changes.

�� (C) The plans for underground site service, site grading, drainage and landscaping together with cable television drawings.

�� (D) Any other plans and information relevant to future repair or maintenance of the property.

�� (k) Insurance policies.

�� (L) Copies of any occupancy permits which have been issued for the condominium.

�� (m) Any other permits issued by governmental bodies applicable to the condominium in force or issued within one year prior to the date the unit owners assume control of the administration of the association of unit owners.

�� (n) A list of the general contractor and the subcontractors responsible for construction or installation of the major plumbing, electrical, mechanical and structural components of the common elements.

�� (o) A roster of unit owners and their addresses and telephone numbers, if known, as shown on the records of the declarant.

�� (p) Leases of the common elements and any other leases to which the association is a party.

�� (q) Employment or service contracts in which the association is one of the contracting parties or service contracts in which the association or the unit owners have an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service.

�� (r) The results from an independent inspection for moisture intrusion and the name of the person who performed the inspection.

�� (s) Any other contracts to which the association of unit owners is a party.

�� (6) In order to facilitate an orderly transition, during the three-month period following the turnover meeting, the declarant or an informed representative shall be available to meet with the board of directors on at least three mutually acceptable dates to review the documents delivered under subsection (5) of this section.

�� (7) If the declarant has complied with this section, unless the declarant otherwise has sufficient voting rights as a unit owner to control the association, the declarant is not responsible for the failure of the unit owners to elect the number of directors sufficient to constitute a quorum of the board of directors and assume control of the association in accordance with subsection (4) of this section. The declarant shall be relieved of any further responsibility for the administration of the association except as a unit owner of any unsold unit.

�� (8) If the unit owners present do not constitute a quorum or the unit owners fail to elect the number of directors sufficient to constitute a quorum of the board of directors at the turnover meeting held in accordance with subsection (1) of this section:

�� (a) At any time before the election of the number of directors sufficient to constitute a quorum, a unit owner or first mortgagee of a unit may call a special meeting for the purpose of election of directors and shall give notice of the meeting in accordance with the notice requirements in the bylaws for special meetings. The unit owners and first mortgagees present at the special meeting shall select a person to preside over the meeting.

�� (b) A unit owner or first mortgagee of a unit may request a court to appoint a receiver as provided in ORS 100.418. [Formerly 94.091; 1999 c.677 �46; 2001 c.756 �36; 2003 c.803 �21; 2007 c.409 �24; 2025 c.578 �10]

SPECIAL DECLARANT RIGHTS

�� 100.220 Liabilities and obligations arising from transfer of special declarant right; extinguishment of right; exemptions. (1) As used in this section, �affiliate� means any person who controls a transferor or successor declarant, is controlled by a transferor or successor declarant or is under common control with a transferor or successor declarant. A person �controls� or �is controlled by� a transferor or successor declarant if the person:

�� (a) Is a general partner, officer, director or employee;

�� (b) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interests of the transferor or successor declarant;

�� (c) Controls in any manner the election of a majority of the directors; or

�� (d) Has contributed more than 20 percent of the capital of the transferor or successor declarant.

�� (2) Upon the transfer of any special declarant right, the liabilities and obligations of a transferor are as follows:

�� (a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty obligations imposed under ORS 100.185. Lack of privity does not deprive any unit owner of standing to bring an action to enforce any obligation of the transferor.

�� (b) If a transferor retains any special declarant right, or if a successor declarant is an affiliate of the transferor, the transferor is subject to liability for all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws arising after the transfer and is jointly and severally liable with the successor declarant for the liabilities and obligations of the successor declarant that relate to the special declarant rights.

�� (c) A transferor who does not retain special declarant rights does not have an obligation or liability for an act or omission or for a breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

�� (3) Upon transfer of any special declarant right, the liabilities and obligations of a successor declarant are as follows:

�� (a) A successor declarant who is an affiliate of the transferor is subject to all obligations and liabilities imposed on a declarant by the provisions of this chapter or by the declaration or bylaws.

�� (b) A successor declarant who is not an affiliate of the transferor is not liable for any misrepresentations or warranties made or required to be made, including without limitation warranties required under ORS 100.185, by the declarant or previous successor declarant or for any breach of fiduciary obligation by such person. Such a successor declarant, however, shall:

�� (A) Comply with any provisions of the declaration and bylaws which pertain to such successor declarant�s ownership of the unit or units and the exercise of any special declarant right;

�� (B) Comply with the provisions of ORS 100.015 and 100.635 to 100.910 in connection with the sale of any unit or units, except as provided in ORS 100.665; and

�� (C) Give the warranties described in ORS 100.185 only with respect to common elements or units constructed by the successor declarant.

�� (4)(a) Upon transfer of any special declarant right under this section, any interest held by the transferor in the special declarant right is extinguished and the transferor has no right of recovery.

�� (b) A transferor may only recover a transferred special declarant right by execution of a subsequent conveyance or other instrument that evidences an intent to convey the special declarant right from the successor declarant to the transferor. [Formerly

ORS 100.600

100.600 and 100.610 after first paying out of the respective shares of the unit owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each unit owner. [Formerly 94.312]

�� 100.620 Termination or removal no bar to resubmission. The termination of the condominium or the removal of a portion of the property from the condominium shall in no way bar its resubmission. [Formerly 94.318]

DIVIDING OR CONVERTING UNITS

�� 100.625 Procedure for dividing or converting units. (1) Subject to the provisions of the declaration and any applicable law, and upon compliance with this section:

�� (a) A unit designated in the declaration to be used for commercial, industrial or other nonresidential purpose may be divided by an owner, including the declarant, into two or more units.

�� (b) A unit owned by the declarant and located in a condominium that consists exclusively of units designated in the declaration to be used for nonresidential purposes, may be divided or converted into two or more units, common elements or a combination of units and common elements.

�� (2) The owner of a unit to be divided or converted shall submit to the board of directors of the association of unit owners a proposed amendment that must:

�� (a) State the purposes of the amendment;

�� (b) Assign an identifying number to each unit created;

�� (c) Reallocate the interest in the common elements and the use of any limited common elements, voting rights, common expense liability and the right to common profits in the manner prescribed in the declaration;

�� (d) Indicate the means of access for each unit to common elements; and

�� (e) Include any additional provisions necessary to conform any other provisions of the declaration or bylaws.

�� (3) The board of directors shall approve the proposed amendment unless the board determines within 45 days that the amendment is inconsistent with the declaration or bylaws, or the division or conversion will impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

�� (4) The board of directors may require the owner of the unit to be divided or converted to submit an opinion of a registered professional engineer as to whether or not the proposed division or conversion will impair the structural integrity or mechanical systems of the condominium or weaken the support of any portion of the condominium. The board of directors or any agent appointed by the board of directors may supervise the work necessary to effect the division or conversion. Any expenses incurred under this section must be charged to the owner of the unit requesting the division or conversion.

�� (5) The amendment must be executed by the owner and mortgagees or trust deed beneficiaries of the affected unit, certified by the association and approved and recorded in accordance with ORS 100.135 (2)(b).

�� (6) A plat showing each unit created or the conversion of a unit to common elements or combination thereof must be recorded in accordance with ORS 100.115.

�� (7) This section applies only if the declaration expressly permits and contains:

�� (a) A statement of the maximum number of units into which a unit may be divided under subsection (1) of this section;

�� (b) A general description of the nature and proposed use of any unit or portion of any unit which the declarant may convert to common elements; and

�� (c) A statement of the method to be used to reallocate interest in the common elements, the use of any limited common elements, voting rights, common expense liability and right to common profits. [Formerly 94.322; 2003 c.569 �39; 2019 c.69 �45]

ELECTRIC VEHICLE CHARGING STATIONS

�� 100.626 Legislative findings. (1) The Legislative Assembly finds and declares that:

�� (a) The purpose of ORS 100.627 is to facilitate the installation of an electric vehicle charging station by a unit owner in a condominium for the unit owner�s personal residential use.

�� (b) Oregon courts have identified the following factors in determining whether personal property is a fixture:

�� (A) Whether the personal property is physically annexed to the real property;

�� (B) Whether the personal property is specifically adapted to the property; and

�� (C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached.

�� (c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors.

�� (2) Unless a unit owner and the association of unit owners, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS 100.627 on or before June 4, 2015, is deemed to be the personal property of the unit owner of the unit with which the charging station is associated. [2015 c.249 �5]

�� Note: 100.626 was added to and made a part of ORS chapter 100 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 100.627 Electric vehicle charging stations. (1) Notwithstanding contrary provisions of a declaration or bylaws of a condominium:

�� (a) A unit owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the unit owner, in compliance with the requirements of this section:

�� (A) In a space assigned to the unit and used for the parking or storage of automobiles, trucks, boats, campers or other vehicles or equipment; or

�� (B) In a limited common element with the written approval of the unit owner of each unit to which use of the limited common element is reserved.

�� (b) An association of unit owners may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.

�� (2) When the unit owner complies or agrees to comply with the requirements of this section, an association of unit owners, or a declarant in lieu of the association, shall approve a completed application within 60 days after the unit owner submits the application unless the delay in approving the application is based on a reasonable request for additional information.

�� (3) An association of unit owners:

�� (a) May require a unit owner to submit an application before installing a charging station.

�� (b) May require the charging station to meet the architectural standards of the condominium.

�� (c) May impose reasonable charges to recover costs of the review and permitting of a charging station.

�� (d) May impose reasonable restrictions on the installation and use of the charging station that do not significantly increase the cost of the charging station or significantly decrease the efficiency or performance of the charging station.

�� (4) Notwithstanding ORS 479.540, the charging station must be installed by a person that holds a license, as defined in ORS 479.530, to act, at a minimum, as a journeyman electrician.

�� (5) The unit owner is responsible for:

�� (a) All costs associated with installation and use of the charging station, including:

�� (A) The cost of electricity associated with the charging station; and

�� (B) The cost of damage to general common elements, limited common elements and areas subject to the exclusive use of other unit owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station.

�� (b) Disclosure to a prospective buyer of the unit of the existence of the charging station and the related responsibilities of the unit owner under this section.

�� (6) If the association of unit owners reasonably determines that the cumulative use of electricity in the condominium attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the condominium with a sufficient supply of electricity, the association may assess the cost of the additional improvements against the unit of each unit owner that has, or will, install a charging station.

�� (7) Unless the unit owner and the association of unit owners, or the declarant in lieu of the association, negotiate a different outcome:

�� (a) A charging station installed under this section is deemed to be the personal property of the unit owner of the unit with which the charging station is associated; and

�� (b) The unit owner must remove the charging station and restore the premises to the condition before installation of the charging station before the unit owner may transfer ownership of the unit, unless the prospective buyer of the unit accepts ownership and all rights and responsibilities that apply to the charging station under this section.

�� (8)(a) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530.

�� (b) If a charging station, other than one described in paragraph (a) of this subsection, is not a certified electrical product, and the unit owner owns the charging station, the unit owner shall:

�� (A) Maintain a homeowner liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and

�� (B) Name the association of unit owners as a named additional insured under the policy with a right to notice of cancellation of the policy.

�� (9) In any action between a unit owner and an association of unit owners to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2013 c.438 �7; 2015 c.249 �6]

REGULATION OF SALES; FILING REQUIREMENTS

�� 100.635 Filing with commissioner; fee. (1) Except as provided by ORS 100.660 and 100.665, prior to negotiating within this state for the sale of a condominium unit located in another state, or prior to the sale of any condominium unit located within this state, the developer shall file with the Real Estate Commissioner, in any form prescribed by the commissioner:

�� (a) General information on the condominium, including:

�� (A) The name and address of the condominium and the county in which the condominium is located; and

�� (B) The name, address and telephone number of the developer.

�� (b) Two copies of the disclosure statement for the condominium prepared in accordance with ORS

ORS 105.161

105.161 or for removal, storage or sale of the defendant�s property under this section and not recovered pursuant to ORS 90.425 (13) or 90.675 (13) shall be added to the judgment.

�� (4) If the plaintiff fails to permit the defendant to recover possession of the defendant�s personal property under subsection (1) of this section, the defendant may recover from the plaintiff, in addition to any other amount provided by law, twice the actual damages or twice the monthly rent, whichever is greater. [1981 c.753 �9; 1989 c.506 �23; 1989 c.910 �5; 1993 c.369 �18; 1995 c.559 �51; 1997 c.577 �39; 2001 c.596 �48; 2003 c.378 �32; 2003 c.658 �10]

�� 105.168 Minor as party in proceedings pertaining to residential dwellings. Notwithstanding ORCP 27 or any other provision of law, a minor, as defined in ORS 109.697 and who is a tenant as defined under ORS 90.100, may appear as a party without appointment of a guardian or guardian ad litem in an action for forcible entry or wrongful detainer, under ORS 105.100 to 105.168 regarding possession of a residential dwelling unit to which ORS chapter 90 applies, or in an action based upon a contract for a residential dwelling unit or for utility services provided to that unit. [1993 c.369 �31]

EASEMENT OWNER OBLIGATIONS

�� 105.170 Definitions for ORS 105.170 to 105.185. For purposes of ORS 105.170 to 105.185:

�� (1) �Easement� means a nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another�s land.

�� (2) �Holders of an interest in an easement� means those with a legal right to use the easement, including the owner of the land across which the easement passes if the owner of the land has the legal right to use the easement. [1989 c.660 �1; 1991 c.49 �1]

�� 105.175 Easement to be kept in repair; sharing costs; agreements. (1) The holders of an interest in any easement shall maintain the easement in repair.

�� (2) The cost of maintaining the easement in repair shall be shared by each holder of an interest in the easement, pursuant to the terms of any agreement entered into by the parties for that purpose or any recorded instrument creating the easement. Any such agreement, or a memorandum thereof, shall be recorded in the real property records of the county in which the easement is located. Failure to record the agreement shall not affect the enforceability of the agreement among the parties to the agreement and any other person with actual notice of the agreement.

�� (3) The cost of maintaining the easement in repair in the absence of an agreement and in the absence of maintenance provisions in a recorded instrument creating the easement shall be shared by each holder of an interest in the easement in proportion to the use made of the easement by each holder of an interest in the easement.

�� (4) Unless inconsistent with an agreement between the holders of an interest in an easement or a recorded instrument creating the easement, in determining proportionate use and settling conflicts the following guidelines apply:

�� (a) The frequency of use and the size and weight of vehicles used by the respective parties are relevant factors.

�� (b) Unless inappropriate, based on the factors contained in paragraph (a) of this subsection or other relevant factors, costs for normal and usual maintenance of the easement and costs of repair of the easement damaged by natural disasters or other events for which all holders of an interest in the easement are blameless may be shared on the basis of percentages resulting from dividing the distance of total normal usage of all holders of an interest in the easement into the normal usage distance of each holder of an interest in the easement.

�� (c) Those holders of an interest in the easement that are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense. [1989 c.660 ��2,3,4; 1991 c.49 �2]

�� 105.180 Action for failure to comply with duty of holder; recovery of costs; arbitration. (1) If any holder of an interest in an easement fails to maintain the easement contrary to an agreement or contrary to the maintenance provisions of a recorded instrument creating the easement or, in the absence of an agreement or recorded instrument imposing maintenance obligations, fails after demand in writing to pay the holder�s proportion of the cost as indicated in ORS 105.175 (3) and (4), a civil action for money damages or specific performance or contribution may be brought against that person in a court of competent jurisdiction by one or more of the other holders of an interest in the easement, either jointly or severally. In any such civil action, the court may order such equitable relief as may be just in the circumstances. Nothing in ORS 105.170 to 105.185 shall impose a maintenance obligation on the holder of an interest in an easement based on the maintenance provisions in an instrument creating the easement if such holder is not a party to such instrument, whether the instrument is recorded or not, after such holder ceases to use the easement.

�� (2) The prevailing party shall recover all court costs, arbitration fees and attorney fees.

�� (3) Any holder of an interest in the easement may apply to the court of competent jurisdiction where the easement is located and that has jurisdiction over the amount in controversy for the appointment of an impartial arbitrator to apportion the cost, and the matter may be arbitrated in accordance with ORS 36.600 to 36.740. The application may be made before, during or after performance of the maintenance work. [1989 c.660 �5; 1991 c.49 �3; 2003 c.598 �34]

�� 105.185 Application of ORS 105.170 to 105.185. The provisions of ORS 105.170 to 105.185:

�� (1) Apply to all easements existing on or created after January 1, 1992; and

�� (2) Do not apply to rights of way held or used by providers of public services including, but not limited to, railroad common carriers, pipeline companies, public utilities, electric cooperatives, people�s utility districts, water utility districts, municipally owned utilities and telecommunications utilities, when used for the sole purpose of provision of service or maintaining or repairing facilities for the provision or distribution of service. [1989 c.660 �6; 1991 c.49 �4]

MODIFICATION OF LEASE TERMS

�� 105.190 Covenant of good faith and fair dealing; rights and obligations of parties. Whenever a covenant of good faith and fair dealing is implied in the lease of real property, a party�s rights or duties under such covenant may be modified only by express provision in the lease agreement. [1997 c.845 �1]

ENCUMBRANCES

�� 105.200 Request for itemized statement. (1) As used in this section, �encumbrance� means:

�� (a) A claim, lien, charge or other liability that is attached to and is binding upon real property in this state as security for payment of a monetary obligation; or

�� (b) A reservation of title to real property in this state under a land sale contract.

�� (2)(a) A person, or an agent of the person, that holds a lien that is an encumbrance upon real property may request from a person that holds another lien that is an encumbrance upon the real property an itemized statement of the amount that is necessary to pay off the other lien. The statement must include the per diem interest that accrues after the date of the statement if the obligation that the lien secures bears interest.

�� (b) The person that receives a request for a statement under paragraph (a) of this subsection may provide the statement without the permission of the obligor on the other lien unless federal or state law requires the obligor�s consent. [2019 c.140 �2]

PARTITION

�� 105.205 Who may maintain partition. When several persons hold real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one or more of them may maintain a suit for the partition of the real property according to the respective rights of the persons interested therein, and for a sale of all or a part of the property if it appears that a partition cannot be had without great prejudice to the owner.

�� 105.210 When and how partition prevented. (1) If the court finds that the property can neither be partitioned nor sold without great prejudice to the owners, the court may receive evidence as to the value of the respective interests, fix the value thereof, and make an order permitting an owner to borrow money upon the property with which to pay off the interest, as so fixed, of another owner. Subject to subsection (2) of this section, an owner whose interest in the property is to be satisfied shall be fully discharged by proof of payment filed with the court of the amount fixed by the court as the value of that owner�s interest. A discharged owner shall have no further interest in or claim upon the property.

�� (2) A court may not order the discharge of an interest of a public body in real property without the consent of the governing body of the public body. [Amended by 2001 c.606 �1]

�� 105.215 Complaint. The interest of all known and unknown persons in the property shall be specifically and particularly set forth in the complaint for partition, as far as known to the plaintiff. If one or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the plaintiff or is uncertain or contingent, or if the ownership of the inheritance depends upon an executory devise, or the remainder is a contingent remainder, so that the parties cannot be named, that fact shall be set forth in the complaint.

�� 105.220 Tenants and lien creditors as defendants; liens on undivided interests. The plaintiff shall make a tenant in dower, by the curtesy, for life or for years of any portion of the entire property and creditors having a lien upon any portion of the property defendants in the suit. When the lien is upon an undivided interest or estate of any of the parties and a partition is made, it is thenceforth a lien only upon the share assigned to such party; but such share shall be first charged with its just proportion of the cost of the partition in preference to such lien.

�� 105.225 Summons; to whom directed. The summons shall be directed by name to all the tenants in common who are known, to all lien creditors who are made parties to the suit and generally to all persons unknown having or claiming an interest or estate in the property.

�� 105.230 Service by publication. If a party having a share or interest in or lien upon the property is unknown or cannot be found, and such fact is made to appear by affidavit, the summons may be served on the unknown or unlocated party by publication, directed by the court or judge, as in ordinary cases. When service of the summons is made by publication it must be accompanied by a brief description of the property which is the subject of the suit. [Amended by 1979 c.284 �95]

�� 105.235 Answer. The defendant shall set forth in the answer the nature and extent of the interest of the defendant in the property. If the defendant is a lien creditor the defendant shall set forth how the lien was created, the amount of the debt secured thereby and remaining due, and whether such debt is secured in any other way, and if so, the nature of the other security.

�� 105.240 Rights determinable; ascertainment of title where defendant defaults or sale is necessary. The rights of the plaintiffs and defendants may be put in issue, tried and determined in the suit. If a defendant fails to answer, or if a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court before the judgment for partition or sale is given. [Amended by 2003 c.576 �361]

�� 105.245 Sale or partition ordered by court. If it is alleged in the complaint and established by evidence, or if it appears by the evidence to the satisfaction of the court without an allegation in the complaint, that the property or any part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property, and for that purpose may appoint one or more referees. Otherwise, upon the requisite proofs being made, it shall enter a judgment requiring a partition according to the respective rights of the parties, as ascertained by the court. The court shall appoint three referees to partition the property and shall designate the portion to remain undivided for the owners whose interest remain unknown or not ascertained. [Amended by 2003 c.576 �362]

�� 105.250 Compensation when partition cannot be made without prejudice to party�s interest. When it appears that partition cannot be made without prejudice to the rights and interests of some of the parties, the court may adjudge compensation to be made by one party to another on account of the inequality of partition. Compensation shall not be required to be paid to others by owners unknown, nor by infants unless it appears that an infant has personal property sufficient for that purpose, and that the interest of the infant will be promoted thereby.

�� 105.255 How referees make partition; report. In making the partition the referees shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court. They shall designate the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them. The referees shall make a report of their proceedings, specifying therein the manner of executing their trust and describing the property divided and the shares allotted to each party with a particular description of each share.

�� 105.260 Power of court over report; final judgment. The court may confirm or set aside the report in whole or in part and if necessary appoint new referees. Upon the report being confirmed, a judgment shall be given stating that the partition shall be effectual forever. Except as provided in ORS 105.265, the judgment is binding and conclusive:

�� (1) On all parties named therein, and their legal representatives, who have at the time any interest in any part of the property divided as owners in fee or as tenants for life or for years.

�� (2) On all parties named therein, and their legal representatives, entitled to the reversion, remainder or inheritance of the property or any part thereof after the termination of a particular estate therein, or who by any contingency may be entitled to a beneficial interest in the property.

�� (3) On all parties named therein, or their legal representatives, who have an interest in any undivided share of the property as tenants for years or for life.

�� (4) On all persons interested in the property who are unknown, to whom notice was given of the application for partition by publication, as directed by ORS 105.230.

�� (5) On all persons claiming from parties or persons listed in subsections (1) to (4) of this section. [Amended by 2003 c.576 �363]

�� 105.265 Persons not affected by judgment. The judgment provided for in ORS 105.260 shall not affect tenants for years or for life of the whole of the property which is the subject of partition. Except as provided in ORS 105.260, the judgment and partition shall not preclude any person from claiming title to the property in question, or from controverting the title of the parties between whom the partition was made. [Amended by 2003 c.576 �364]

�� 105.270 Order of sale on referees� report. If the referees report to the court that the property to be partitioned, or any separate portion thereof, is so situated that a partition thereof cannot be made without great prejudice to the owners, and the court is satisfied that the report is correct, it may, by an order, direct the referees to sell the property or separate portion thereof so situated. [Amended by 2003 c.576 �365]

�� 105.275 Conclusiveness of order confirming report. If the report of the referee is confirmed the order of confirmation is binding and conclusive upon all parties to the suit.

�� 105.280 How sale made; notice of sale. All sales of real property made by the referees shall be made by public auction to the highest bidder in the manner required for the sale of real property on execution. The notice shall state the terms of sale. If the property or any part of it is to be sold subject to a prior estate, charge or lien, that fact shall be stated in the notice.

�� 105.285 Distribution of proceeds of sale. The proceeds of the sale of encumbered property shall be distributed by the judgment of the court as follows:

�� (1) To pay the property�s just proportion of the general costs of the suit.

�� (2) To pay the costs of the reference.

�� (3) To satisfy the several liens in their order of priority, by payment of the sums due and to become due, according to the judgment.

�� (4) The residue among the owners of the property sold, according to their respective shares. [Amended by 2003 c.576 �366]

�� 105.290 Distribution of proceeds by referee or payment into court. The proceeds of sale and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto whenever the court so directs. If no such direction is given, all proceeds and securities shall be paid into court or deposited as directed by the court.

�� 105.295 Continuance of suit after proceeds paid into court. When the proceeds of sales of any shares or parcel belonging to known persons who are parties to the suit are paid into court, the suit may be continued as between such parties for the determination by the court of their respective claims thereto. Further testimony may be taken in court, or by a referee, at the discretion of the court, and the court may, if necessary, require the parties to present the facts or law in controversy by pleadings as in an original suit.

�� 105.300 When lienholder has other securities. Whenever any party to the suit, who holds a lien upon any part of the property has other securities for the payment of the amount of the lien, the court may, in its discretion, order the securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property.

�� 105.305 Credit allowed. The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises which it may direct to be sold on credit; and for that portion of which the purchase money is required by ORS 105.370 to be invested for the benefit of unknown owners, infants or parties out of the state. The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money of such parts of the property as are directed by the court to be sold on credit, in the name of the clerk of the court and the clerk�s successor in office. When there is a known owner of full age, the security for the share of the owner shall be executed in the name of the owner.

�� 105.310 Setting off estate for life or years in part not sold. When only a part of the property is ordered to be sold, the whole of an estate for life or years in an undivided share of the property may be set off in any part of the property not ordered to be sold.

�� 105.315 Disposition of life estate or leasehold. When the estate of any tenant for life or years in any undivided part of the property in question was admitted by the parties or ascertained by the court to be existing at the time of the order of sale, and the person entitled to such estate was made a party to the suit, the estate may be first set off out of any part of the property and a sale made of such parcel subject to the tenants prior unsold estate; but if in the judgment of the court a due regard to the interest of all the parties requires that such estate should also be sold, the sale of the estate may be ordered.

�� 105.320 Compensation of tenants in case of sale. Any person entitled to an estate for life or years in any undivided part of the property, whose estate has been sold, shall be entitled to receive such sum in gross as is, deemed, upon principles of law applicable to annuities, a reasonable satisfaction for the estate. If the person so entitled consents to that sum, the person shall accept it by executing an instrument that is duly acknowledged or proved in the same manner as deeds for the purpose of record, and filed with the clerk.

�� 105.325 When court determines value of tenancy. If a tenant does not consent pursuant to ORS 105.320, before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested for the tenant�s benefit, and shall order that sum to be deposited in court for that purpose.

�� 105.330 Rules for determining value of certain estates. The proportion of the proceeds of the sale to be invested, as provided in ORS 105.325, shall be ascertained and determined as follows:

�� (1) If an estate in dower or curtesy is included in the order of sale its proportion shall be one-half of the proceeds of the sale of the property, or of the sale of the undivided share in the property upon which the claim or dower existed.

�� (2) If any other estate for life or years is included in the order of sale its proportion shall be the whole proceeds of the sale of the property, or of the sale of an undivided share of the property in which the estate existed.

�� 105.335 Protection of unknown tenants. If any person entitled to an estate for life or years is unknown, the court shall provide for the protection of the rights of the person in the same manner, as far as possible, as if the person were known and had appeared.

�� 105.340 Provision for future rights or interests. In all cases of sales in partition when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court shall ascertain and settle the proportional value of the contingent or vested right or estate according to the principles of law applicable to annuities and survivorship, and shall direct such proportion of the proceeds of sale to be invested, secured or paid over in such manner as to protect the rights and interests of the parties. [Amended by 1969 c.591 �282]

�� 105.345 Notice of terms of sale; separate sale of distinct parcels. In all cases of sales of property, the terms shall be known at the time. If the premises consist of distinct farms or lots they shall be sold separately, or otherwise if the court so directs.

�� 105.350 Purchase by referee, conservator or guardian forbidden. Neither of the referees, nor any person for the benefit of either of them, shall be interested in any purchase at a partition sale; nor shall the guardian or conservator of the estate of an infant party be interested in the purchase of any real property that is the subject of the suit, except for the benefit of the infant. All sales contrary to the provisions of this section are void. [Amended by 1973 c.823 �99]

�� 105.355 Report of sale. After completing the sale the referees shall report it to the court with the description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale and the securities, if any, taken. The report shall be filed with the clerk.

�� 105.360 Exception to report; confirmation of sale; order of confirmation. The report of sale may be excepted to by any party entitled to a share of the proceeds in like manner and with like effect as in ordinary cases. If the sale is confirmed the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to the sale, which acts they are hereby authorized to do. The order shall discharge the property of the estate or interest of every person mentioned in ORS 105.260 and of tenants for life or years of the property sold. The order shall be binding and conclusive upon all such persons as if it were a judgment for the partition of such property and except as provided in ORS 105.350, upon all persons whomsoever as to the regularity of the proceedings concerning such sale. [Amended by 2003 c.576 �367]

�� 105.365 Purchase by encumbrancer or party entitled to share. When a party entitled to a share of the property, or an encumbrancer entitled to have the lien of the encumbrancer paid out of the sale, becomes a purchaser, the referees may take a receipt for so much of the proceeds of the sale as belongs to the party or the encumbrancer.

�� 105.370 Investment of proceeds for certain parties. When there are proceeds of sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years, which are paid into court or otherwise deposited by order of the court, such proceeds shall be invested in securities on interest for the benefit of the persons entitled thereto.

�� 105.375 In whose name securities taken or investments made. Except as provided in ORS 105.380, security for the proceeds of sale shall be taken or investments of the proceeds shall be made in the name of the clerk of the court and the clerk�s successors in office, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.

�� 105.380 When securities are payable to parties. When security is taken by the referees on a sale, and the parties interested in the security, by an instrument in writing under their hands delivered to the referees, agree upon the shares and proportions to which they are entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of and payable to the parties entitled thereto, and shall be delivered to such parties upon their receipt therefor. Such agreement and receipt shall be returned and filed with the clerk.

�� 105.385 Clerk�s treatment of securities and investments. The clerk in whose name a security is taken or by whom an investment is made, and the clerk�s successors in office, shall receive the interest and principal as it becomes due and apply and invest it as the court may direct. The clerk shall file in the office of the clerk all securities taken, and keep an account in a book provided and kept for that purpose in the office, free for inspection by all persons, of investments and moneys received and disposed of by the clerk.

�� 105.390 When proceeds paid to conservator or guardian of infant. When the share of an infant is sold, the proceeds of the sale may be paid by the referees making the sale to the guardian of the infant, the conservator of the estate of the infant or the special guardian appointed for the infant in the suit, upon the guardian or conservator giving the security required by law or ordered by the court. [Amended by 1973 c.823 �100]

�� 105.395 Payment of proceeds to conservator of incapacitated person. When the interest in real property of an incapacitated person has been sold, the share of the incapacitated person of the proceeds shall be given, on the behalf of the incapacitated person, to the conservator of the estate of the incapacitated person if the conservator executes, with sufficient sureties, an undertaking approved by the judge of the court, that the conservator will faithfully discharge the trust reposed in the conservator and will render a true and just account to the person entitled to the proceeds or to the legal representative of the person. [Amended by 1973 c.823 �101]

�� 105.400 When conservator or guardian may consent to partition. When an infant or an incapacitated person is interested in real estate held in common or in any other manner so as to authorize the infant or incapacitated person being made a party to an action for the partition thereof, the guardian of the infant or incapacitated person or the conservator of the estate of the infant or incapacitated person may consent to a partition without suit and agree upon the share to be set off to the infant or incapacitated person. When the court so orders, the guardian or conservator may execute a release on behalf of the infant or other incapacitated person to the owners of the other shares of the parts to which they are respectively entitled. [Amended by 1973 c.823 �102; 1987 c.158 �17]

�� 105.405 Costs and expenses of partition. (1) The expenses of the referees, including those of a surveyor and assistants of the surveyor when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as part of the costs of partition.

�� (2) The reasonable costs of partition, including reasonable attorney fees and disbursements, that are for services performed for the common benefit of all parties, shall be paid by the parties that will share in the lands divided in proportion to their respective interests therein, and shall be included and specified in the judgment. They shall be a lien on the several shares, and the judgment may be enforced by execution against the parties separately. When, however, a controversy arises between some of the parties only, the court may require the expense of such controversy to be paid by any of, or all, the parties thereto. [Amended by 1971 c.502 �1; 2003 c.576 �368]

HOUSING RECEIVERSHIP

�� 105.420 Findings; policy. (1) The Legislative Assembly recognizes that there exists residential property in this state that is insanitary and unsafe and that many citizens, especially those with lower incomes, are forced to live in and occupy these properties.

�� (2) The Legislative Assembly further recognizes that there are residential properties in this state that have not been maintained in compliance with basic sanitary and habitability standards and which have become abandoned. These conditions contribute to the spread of disease and criminal activity, create urban blight and community deterioration, adversely affect the state�s economic and social viability and otherwise detrimentally impact the public�s health, safety and welfare.

�� (3) In order to correct these conditions, it is necessary to revitalize these residential properties and thus add to the overall housing stock of this state. The Legislative Assembly deems it necessary to authorize county and municipal governments to adopt and implement receivership programs to allow for the upgrading of substandard and abandoned residential properties. [1989 c.649 �2]

�� 105.425 Definitions for ORS 105.420 to 105.455. As used in ORS 105.420 to 105.455:

�� (1) �Abatement� means the removal or correction, including by demolition, of any condition at a property that violates the provisions of any duly enacted building or housing code or the making of other improvements or corrections needed to rehabilitate the property or structure, but does not include the closing or physical securing of the structure.

�� (2) �Building code� or �housing code� means any law, ordinance or governmental regulation concerning habitability or the construction, maintenance, operation, occupancy, use or appearance of any property.

�� (3) �Interested party� means any person or entity that possesses any legal or equitable interest of record in the property, including the owner, the holder of any lien or encumbrance of record on the property and any person who must or may be made a defendant in a foreclosure suit under ORS 88.030.

�� (4) �Property� means real property and all improvements thereon including edifices, structures, buildings, unit or part thereof used or intended to be used for residential purposes including single-family, duplex, multifamily structures and mixed-use structures which have one or more residential units. [1989 c.649 �3; 2019 c.191 �1]

�� 105.430 Receivership for buildings that constitute threat to public health, safety or welfare; procedure. (1) If residential property is in violation of building or housing codes such that the city or county believes it constitutes a threat to the public health, safety or welfare, the city or county, in addition to any other remedies available, may apply to the circuit court of the county in which the property is located for the appointment of a receiver to perform an abatement.

�� (2) No less than 60 days prior to the filing of a petition for appointment of a receiver, the city or county shall give written notice by regular mail to all interested parties of the following:

�� (a) The identity of the property;

�� (b) The violations of the building or housing codes giving rise to the need for the receiver;

�� (c) The name, address and telephone number of the person or department where additional information can be obtained concerning violations and their remedy; and

�� (d) That the city or county may petition the court for the appointment of a receiver pursuant to ORS 105.420 to 105.455 unless action is taken within 60 days by an interested party.

�� (3) A city or county may not file a petition for the appointment of a receiver if:

�� (a) Probate proceedings have been commenced under ORS chapter 112 and are currently pending in the county of the property for an owner of the property, unless authorized by an order of the probate court.

�� (b) An interested party has commenced and is timely prosecuting an action or other judicial or nonjudicial proceeding to foreclose a security interest on the property, or to obtain specific performance or forfeiture of the purchaser�s interest under a land sale contract.

�� (4) The petition for the appointment of a receiver pursuant to ORS 105.420 to 105.455 must be served on all interested parties in the manner provided by ORCP 7 D.

�� (5) If, following the filing of a petition for appointment of a receiver, an interested party intends to correct the conditions at the property giving rise to the petition for the appointment of a receiver or initiate a proceeding described in subsection (3) of this section, the court may stay the matter and order the party to post security in an amount the court deems appropriate to insure timely performance and other conditions the court deems appropriate to effect the timely completion of the corrections or proceeding.

�� (6) The court shall appoint a receiver under ORS 105.420 to 105.455 if the court finds that the city or county has complied with this section and that the property is a threat to public health, safety or welfare and:

�� (a) No interested party appears within 30 days after service;

�� (b) An interested party fails to comply with an order under subsection (5) of this section; or

�� (c) If the matter has not been stayed under subsection (5) of this section, upon a hearing that shall be held no later than 30 days after requested by the city or county.

�� (7) A receiver may be any one of the following:

�� (a) A housing authority organized under the terms of ORS 456.055 to 456.235;

�� (b) An urban renewal agency organized under the terms of ORS 457.035 to 457.320;

�� (c) A private not-for-profit corporation, the primary purpose of which is the improvement of housing conditions within the city or county; or

�� (d) A city or county agency, bureau or similar subdivision designated by the city or county as being responsible for the rehabilitation of property.

�� (8) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may not be required to give security or bond of any sort prior to appointment.

�� (9) In lieu of the appointment of a receiver under subsection (6) of this section, upon the motion of city or county the court shall enter a general judgment in favor of the city or county against the real property in the amount of the estimated costs of abatement if:

�� (a) The court finds the city or county has complied with the requirements of this section;

�� (b) The court finds the property is in an unsafe or insanitary condition;

�� (c)(A) No interested party appears within 30 days after service; or

�� (B) An interested party fails to comply with an order under subsection (5) of this section;

�� (d) The city or county has proven by evidence in the record that the reasonably estimated cost of abatement exceeds 25 percent of the property�s real market value, as shown on the property�s most recent tax records;

�� (e) The property is not currently occupied as a dwelling; and

�� (f) The motion for judgment has been served by the city or county on all interested parties, including interested parties in default, in the manner provided for by ORCP 9 C, no less than 30 days prior to the motion.

�� (10) A judgment given under subsection (9) of this section shall have the priority of a lien created under ORS 105.440 (2) as provided in ORS 105.445. [1989 c.649 �4; 1995 c.79 �34; 2019 c.191 �2]

�� 105.435 Authority of receiver; financing agreements; fee; abatement work exempt from public contracting law. (1) A receiver appointed by the court pursuant to ORS 105.420 to 105.455 may, unless specifically limited by the court:

�� (a) Take possession and control of the property, including the right to enter, modify and terminate tenancies pursuant to ORS 105.100 to 105.168, to charge and collect rents and to apply rents to the costs incurred due to the abatement and receivership;

�� (b) Negotiate contracts and pay all expenses associated with the operation and conservation of the property, including all utility, fuel, custodial, repair or insurance costs;

�� (c) Pay all accrued property taxes, penalties, assessments and other charges imposed on the property by a unit of government and any charge accruing during the pendency of the receivership;

�� (d) Dispose of any or all abandoned personal property found at the structure;

�� (e) Enter into contracts and pay for the performance of any work necessary to complete the abatement; and

�� (f) Under such terms and condition as a court allows, enter into financing agreements with public or private lenders and encumber the property to have moneys available to correct the conditions at the property giving rise to the abatement.

�� (2) A court may approve a charge of an administrative fee for a receiver at an hourly rate approved by the court or at a rate not to exceed 15 percent of the total cost of the abatement.

�� (3) All abatement work done under ORS 105.420 to 105.455 is exempt from the public contracting statutes set forth in ORS 279C.005, 279C.100 to 279C.125 and 279C.300 to

ORS 105.465

105.465, a seller shall deliver in substantially the following form the seller�s property disclosure statement to each buyer who makes a written offer to purchase real property in this state:

INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces blank. Please refer to the line number(s) of the question(s) when you provide your explanation(s). If you are not claiming an exclusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page of this disclosure statement and each attachment.

Each seller of residential property described in ORS 105.465 must deliver this form to each buyer who makes a written offer to purchase. Under ORS 105.475 (4), refusal to provide this form gives the buyer the right to revoke their offer at any time prior to closing the transaction. Use only the section(s) of the form that apply to the transaction for which the form is used. If you are claiming an exclusion under ORS 105.470, fill out only Section 1.

An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not excluded, the seller must disclose the condition of the property or the buyer may revoke their offer to purchase anytime prior to closing the transaction. Questions regarding the legal consequences of the seller�s choice should be directed to a qualified attorney.

(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION UNDER ORS 105.470)

Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:

You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not claiming an exclusion, you must fill out Section 2 of this form completely.

Initial only the exclusion you wish to claim.

_ This is the first sale of a dwelling never occupied. The dwelling is constructed or installed under building or installation permit(s) #, issued by _____.

_____ This sale is by a financial institution that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure.

_____ The seller is a court appointed receiver, personal representative, trustee, conservator or guardian.

_____ This sale or transfer is by a governmental agency.

Signature(s) of Seller claiming exclusion

Date __

Buyer(s) to acknowledge Seller�s claim

Date __

(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SECTION.)

Section 2. SELLER�S PROPERTY DISCLOSURE STATEMENT

(NOT A WARRANTY)

(ORS 105.464)

NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT

___ (�THE PROPERTY�).

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS SELLER�S DISCLOSURE STATEMENT TO REVOKE BUYER�S OFFER BY DELIVERING BUYER�S SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON BUYER�S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.

Seller _ is/ ___ is not occupying the property.

I. SELLER�S REPRESENTATIONS:

The following are representations made by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or any real estate licensee engaged by the seller or the buyer.

If you mark yes on items with , attach a copy or explain on an attached sheet.

�� 1.�� TITLE

�� A.� Do you have legal authority to sell the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *B. Is title to the property subject to any of the

�� following:�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) First right of refusal

�� (2) Option

�� (3) Lease or rental agreement

�� (4) Other listing

�� (5) Life estate?

�� *C. Is the property being transferred an

�� unlawfully established unit of land?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *D. Are there any encroachments, boundary

�� agreements, boundary disputes or recent

�� boundary changes?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *E. Are there any rights of way, easements,

�� licenses, access limitations or claims that

�� may affect your interest in the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Are there any agreements for joint

�� maintenance of an easement or right of way?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any governmental studies, designations,

�� zoning overlays, surveys or notices that would

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *H. Are there any pending or existing governmental

�� assessments against the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *I.� Are there any zoning violations or

�� nonconforming uses?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *J. Is there a boundary survey for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *K. Are there any covenants, conditions,

�� restrictions or private assessments that

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *L. Is the property subject to any special tax

�� assessment or tax treatment that may result

�� in levy of additional taxes if the property

�� is sold?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 2.�� WATER

�� A.� Household water

�� (1) The source of the water is (check ALL that apply):

�� [ ]Public [ ]Community [ ]Private

�� [ ]Other __

�� (2) Water source information:

�� *a. Does the water source require a water permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, do you have a permit?�� [ ]Yes� [ ]No

�� b.�� Is the water source located on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If not, are there any written agreements for

�� a shared water source?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *c. Is there an easement (recorded or unrecorded)

�� for your access to or maintenance of the water

�� source?�� [ ]Yes� [ ]No�� [ ]Unknown

�� d.�� If the source of water is from a well or spring,

�� have you had any of the following in the past

�� 12 months? [ ]Flow test [ ]Bacteria test

�� [ ]Chemical contents test�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *e. Are there any water source plumbing problems

�� or needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Are there any water treatment systems for

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� [ ]Leased [ ]Owned

�� B.� Irrigation

�� (1) Are there any [ ] water rights or [ ] other

�� irrigation rights for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *(2) If any exist, has the irrigation water been

�� used during the last five-year period?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *(3) Is there a water rights certificate or other

�� written evidence available?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Outdoor sprinkler system

�� (1) Is there an outdoor sprinkler system for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Has a back flow valve been installed?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Is the outdoor sprinkler system operable?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 3.�� SEWAGE SYSTEM

�� A.� Is the property connected to a public or

�� community sewage system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any new public or community sewage

�� systems proposed for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is the property connected to an on-site septic

�� system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) If yes, when was the system installed?�� __�� [ ]Unknown�� [ ]NA

�� (2) *If yes, was the system installed by permit?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) *Has the system been repaired or altered?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) *Has the condition of the system been

�� evaluated and a report issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (5) Has the septic tank ever been pumped?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when?�� __�� [ ]NA

�� (6) Does the system have a pump?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (7) Does the system have a treatment unit such

�� as a sand filter or an aerobic unit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (8) *Is a service contract for routine

�� maintenance required for the system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (9) Are all components of the system located on

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� *Are there any sewage system problems or

�� needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Does your sewage system require on-site

�� pumping to another level?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 4.�� DWELLING INSULATION

�� A.� Is there insulation in the:

�� (1) Ceiling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Exterior walls?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Floors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any defective insulated doors or

�� windows?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 5.�� DWELLING STRUCTURE

�� *A. Has the roof leaked?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has it been repaired?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� B.� Are there any additions, conversions or

�� remodeling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, was a building permit required?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was a building permit obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was final inspection obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Are there smoke alarms or detectors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there carbon monoxide alarms?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is there a woodstove or fireplace

�� insert included in the sale?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, what is the make? __

�� *If yes, was it installed with a permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, is a certification label issued by the

�� United States Environmental Protection

�� Agency (EPA) or the Department of

�� Environmental Quality (DEQ) affixed to it?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has pest and dry rot, structural or

�� whole house� inspection been done

�� within the last three years?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any moisture problems, areas of water

�� penetration, mildew odors or other moisture

�� conditions (especially in the basement)?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, explain on attached sheet the frequency

�� and extent of problem and any insurance claims,

�� repairs or remediation done.

�� H.� Is there a sump pump on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� I.�� Are there any materials used in the

�� construction of the structure that are or

�� have been the subject of a recall, class

�� action suit, settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what are the materials? __

�� (1) Are there problems with the materials?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (2) Are the materials covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Have the materials been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (4) Have there ever been claims filed for these

�� materials by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, when? __

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (6) Were any of the materials repaired or

�� replaced?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 6.�� DWELLING SYSTEMS AND FIXTURES

�� If the following systems or fixtures are included

�� in the purchase price, are they in good working

�� order on the date this form is signed?

�� A.� Electrical system, including wiring, switches,

�� outlets and service�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Plumbing system, including pipes, faucets,

�� fixtures and toilets�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Water heater tank�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Garbage disposal�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� E.�� Built-in range and oven�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Built-in dishwasher�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� G.� Sump pump�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� H.� Heating and cooling systems�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� I.�� Security system [ ]Owned [ ]Leased�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� J.�� Are there any materials or products used in

�� the systems and fixtures that are or have

�� been the subject of a recall, class action

�� suit settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what product? ___

�� (1) Are there problems with the product?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Is the product covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Has the product been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) Have claims been filed for this product

�� by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when? ___

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (6) Were any of the materials or products repaired

�� or replaced?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 7.�� COMMON INTEREST

�� A.� Is there a Home Owners� Association

�� or other governing entity?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Name of Association or Other Governing

�� Entity ___

�� Contact Person ______

�� Address ____

�� Phone Number ______

�� B.� Regular periodic assessments: $_____

�� per [ ]Month [ ]Year [ ]Other

�� *C. Are there any pending or proposed special

�� assessments?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there shared �common areas� or joint

�� maintenance agreements for facilities like

�� walls, fences, pools, tennis courts, walkways

�� or other areas co-owned in undivided interest

�� with others?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is the Home Owners� Association or other

�� governing entity a party to pending litigation

�� or subject to an unsatisfied judgment?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Is the property in violation of recorded

�� covenants, conditions and restrictions or in

�� violation of other bylaws or governing rules,

�� whether recorded or not?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 8.�� SEISMIC

�� Was the house constructed before 1974?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has the house been bolted to its

�� foundation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 9.�� GENERAL

�� A.� Are there problems with settling, soil,

�� standing water or drainage on the property

�� or in the immediate area?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Does the property contain fill?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is there any material damage to the property or

�� any of the structure(s) from fire, wind, floods,

�� beach movements, earthquake, expansive soils

�� or landslides?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Is the property in a designated floodplain?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Note: Flood insurance may be required for

�� homes in a floodplain.

�� E.�� Is the property in a designated slide or

�� other geologic hazard zone?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has any portion of the property been tested

�� or treated for asbestos, formaldehyde, radon

�� gas, lead-based paint, mold, fuel or chemical

�� storage tanks or contaminated soil or water?�� [ ]Yes� [ ]No�� [ ]Unknown

�� G.� Are there any tanks or underground storage

�� tanks (e.g., septic, chemical, fuel, etc.)

�� on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� H.� Has the property ever been used as an illegal

�� drug manufacturing or distribution site?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, was a Certificate of Fitness issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 10. FULL DISCLOSURE BY SELLERS

�� *A. Are there any other material defects affecting

�� this property or its value that a prospective

�� buyer should know about?�� [ ]Yes� [ ]No

�� *If yes, describe the defect on attached sheet and

�� explain the frequency and extent of the problem

�� and any insurance claims, repairs or remediation.

�� B.� Verification:

�� The foregoing answers and attached explanations (if any) are complete and correct to

the best of my/our knowledge and I/we have received a copy of this disclosure statement.

I/we authorize my/our agents to deliver a copy of this disclosure statement to all

prospective buyers of the property or their agents.

�� Seller(s) signature:

�� SELLER ___ DATE __

II. BUYER�S ACKNOWLEDGMENT

A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are known to me/us or can be known by me/us by utilizing diligent attention and observation.

B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or of any real estate licensee engaged by the seller or buyer. A financial institution or real estate licensee is not bound by and has no liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in another party�s disclosure statement required by this section or any amendment to the disclosure statement.

C. Buyer (which term includes all persons signing the �buyer�s acknowledgment� portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller�s signature(s).

DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER�S PROPERTY DISCLOSURE STATEMENT.

BUYER ___ DATE __

Agent receiving disclosure statement on buyer�s behalf to sign and date:

Real Estate Licensee

Real Estate Firm

Date received by agent __

[2003 c.328 �3; 2007 c.30 �13; 2007 c.866 �8; 2009 c.387 �18; 2009 c.591 �14a; 2013 c.435 �1; 2017 c.147 �1; 2019 c.584 �1; 2023 c.9 �5; 2025 c.590 �15]

�� 105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement. (1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870:

�� (a) Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyer�s spouse, parent or child:

�� (A) Real property consisting of or improved by one to four dwelling units;

�� (B) A condominium unit as defined in ORS 100.005 and not subject to disclosure under ORS 100.705;

�� (C) A timeshare property as defined in ORS 94.803 and not subject to disclosure under ORS

ORS 119.086

119.086�� Short title

�� 119.005 [1959 c.419 ��3,4; 1969 c.520 ��24, 24a; 1973 c.344 �2; 1977 c.666 �17; repealed by 1997 c.99 �54]

DEFINITIONS

�� 119.006 Definitions for ORS 119.006 to 119.081. As used in ORS 119.006 to 119.081:

�� (1) �Account� means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user.

�� (2) �Agent� means a person designated as an agent under a power of attorney in accordance with ORS 127.005 to 127.045.

�� (3) �Carries� means engages in the transmission of an electronic communication.

�� (4) �Catalog of electronic communications� means information that identifies each person with which a user has had an electronic communication, the time and date of the communication and the electronic address of the person.

�� (5) �Conservator� has the meaning given that term in ORS 125.005.

�� (6) �Content of an electronic communication� means information concerning the substance or meaning of the communication that:

�� (a) Has been sent or received by a user;

�� (b) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and

�� (c) Is not readily accessible to the public.

�� (7) �Court� means a circuit court in this state.

�� (8) �Custodian� means a person that carries, maintains, processes, receives or stores a digital asset of a user.

�� (9) �Designated recipient� means a person chosen by a user using an online tool to administer digital assets of the user.

�� (10) �Digital asset� means an electronic record in which an individual has a right or interest. �Digital asset� does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

�� (11) �Electronic� means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

�� (12) �Electronic communication� has the meaning set forth in 18 U.S.C. 2510(12).

�� (13) �Electronic communication service� means a custodian that provides to a user the ability to send or receive an electronic communication.

�� (14) �Fiduciary� means a person that is an original, additional or successor personal representative, conservator, agent or trustee.

�� (15) �Information� means data, text, images, videos, sounds, codes, computer programs, software, databases and similar intelligence of any nature.

�� (16) �Online tool� means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and the user, to provide directions for disclosure or nondisclosure of digital assets to a third person.

�� (17) �Person� means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.

�� (18) �Personal representative� means an executor, administrator or special administrator, or a person legally authorized to perform substantially the same functions.

�� (19) �Power of attorney� means a record that grants an agent authority to act in the place of a principal.

�� (20) �Principal� means an individual who grants authority to an agent in a power of attorney.

�� (21) �Protected person� means an individual for whom a conservator has been appointed. �Protected person� includes an individual for whom an application for the appointment of a conservator is pending.

�� (22) �Record� means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

�� (23) �Remote computing service� means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system as defined in 18 U.S.C. 2510(14).

�� (24) �Terms-of-service agreement� means an agreement that controls the relationship between a user and a custodian.

�� (25) �Trustee� means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another person. �Trustee� includes a successor trustee.

�� (26) �User� means a person that has an account with a custodian.

�� (27) �Will� includes a codicil, testamentary instrument that only appoints an executor and instrument that revokes or revises a testamentary instrument. [2016 c.19 �2]

�� 119.010 [Amended by 1961 c.456 �1; 1977 c.666 �18; repealed by 1997 c.99 �54]

DISCLOSURE OF DIGITAL ASSETS

�� 119.011 Authority of custodian. (1) When disclosing digital assets of a user under ORS 119.006 to 119.081, the custodian may, in the custodian�s sole discretion:

�� (a) Grant a fiduciary or designated recipient full access to the user�s account;

�� (b) Grant a fiduciary or designated recipient partial access to the user�s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

�� (c) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

�� (2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under ORS 119.006 to 119.081.

�� (3) A custodian need not disclose under ORS 119.006 to 119.081 a digital asset deleted by a user.

�� (4) If a user directs, or a fiduciary requests, a custodian to disclose some, but not all, of the user�s digital assets under ORS 119.006 to 119.081, the custodian need not disclose the digital assets if segregation of the digital assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:

�� (a) A subset limited by date of the user�s digital assets;

�� (b) All of the user�s digital assets to the fiduciary or designated recipient;

�� (c) None of the user�s digital assets; or

�� (d) All of the user�s digital assets to the court for review in camera. [2016 c.19 �6]

�� 119.015 [1977 c.666 �21; 1979 c.448 �1; repealed by 1997 c.99 �54]

�� 119.016 Use of online tool to direct disclosure. (1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user�s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.

�� (2) If a user has not used an online tool to give direction under subsection (1) of this section, or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record disclosure to a fiduciary of some or all of the user�s digital assets, including the content of electronic communications sent or received by the user.

�� (3) A user�s direction under subsection (1) or (2) of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user�s assent to the terms of service. [2016 c.19 �4]

�� 119.020 [Amended by 1961 c.456 �2; 1973 c.498 �2; 1977 c.666 �19; 1985 c.761 �2; repealed by 1997 c.99 �54]

�� 119.021 Disclosure of content of electronic communications to personal representative. If a deceased user consented to, or a court directs, disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian:

�� (1) A written request for disclosure in physical or electronic form;

�� (2) A certified copy of the death certificate of the user;

�� (3) A certified copy of the letter of appointment of the personal representative or a simple estate affidavit or court order;

�� (4) Unless the user provided direction using an online tool, a copy of the user�s will, trust, power of attorney or other record evidencing the user�s consent to disclosure of the content of electronic communications; and

�� (5) If requested by the custodian:

�� (a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the user�s account;

�� (b) Evidence linking the account to the user; or

�� (c) A finding by the court that:

�� (A) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection;

�� (B) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., 47 U.S.C. 222 or other applicable law;

�� (C) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

�� (D) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. [2016 c.19 �7; 2023 c.17 �20]

�� 119.022 [1977 c.666 �21b; 1985 c.761 �3; repealed by 1997 c.99 �54]

�� 119.025 [1959 c.419 �2; repealed by 1981 c.705 �8]

�� 119.026 Disclosure of catalog of electronic communications to personal representative. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user if the personal representative gives the custodian:

�� (1) A written request for disclosure in physical or electronic form;

�� (2) A certified copy of the death certificate of the user;

�� (3) A certified copy of the letter of appointment of the personal representative or a simple estate affidavit or court order; and

�� (4) If requested by the custodian:

�� (a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the user�s account;

�� (b) Evidence linking the account to the user;

�� (c) An affidavit stating that disclosure of the user�s digital assets is reasonably necessary for administration of the estate; or

�� (d) A finding by the court that:

�� (A) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or

�� (B) Disclosure of the user�s digital assets is reasonably necessary for administration of the estate. [2016 c.19 �8; 2023 c.17 �21]

�� 119.030 [Repealed by 1959 c.419 �13]

�� 119.031 [1959 c.419 �5; 1965 c.357 �1; 1971 c.525 �1; 1977 c.666 �22; repealed by 1997 c.99 �54]

�� 119.032 Disclosure of content of electronic communications to agent designated in power of attorney. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:

�� (1) A written request for disclosure in physical or electronic form;

�� (2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

�� (3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

�� (4) If requested by the custodian:

�� (a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the principal�s account; or

�� (b) Evidence linking the account to the principal. [2016 c.19 �9]

�� 119.035 [1959 c.419 �6; 1961 c.456 �3; 1971 c.653 �1; 1973 c.793 �2; 1977 c.666 �23; 1987 c.293 �68; repealed by 1997 c.99 �54]

�� 119.036 Disclosure of catalog of electronic communications to agent designated in power of attorney. Unless otherwise ordered by the court, directed by the principal or provided in a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:

�� (1) A written request for disclosure in physical or electronic form;

�� (2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;

�� (3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

�� (4) If requested by the custodian:

�� (a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the principal�s account; or

�� (b) Evidence linking the account to the principal. [2016 c.19 �10]

�� 119.037 [1975 c.177 �3; 1979 c.190 �399; repealed by 1997 c.99 �54]

�� 119.040 [Repealed by 1959 c.419 �13]

�� 119.041 [1959 c.419 �7; 1977 c.666 �24; repealed by 1997 c.99 �54]

�� 119.042 Disclosure to trustee who is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of electronic communications. [2016 c.19 �11]

�� 119.045 [1959 c.419 �8; 1961 c.456 �4; 1977 c.666 �24a; repealed by 1997 c.99 �54]

�� 119.046 Disclosure of content of electronic communications to trustee who is not original user. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust if the trustee gives the custodian:

�� (1) A written request for disclosure in physical or electronic form;

�� (2) A certified copy of the trust instrument or a certification of the trust under ORS 130.860 that includes consent to disclosure of the content of electronic communications to the trustee;

�� (3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

�� (4) If requested by the custodian:

�� (a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the trust�s account; or

�� (b) Evidence linking the account to the trust. [2016 c.19 �12]

�� 119.050 [Repealed by 1959 c.419 �13]

�� 119.051 [1959 c.419 �9; 1977 c.666 �25; repealed by 1997 c.99 �54]

�� 119.052 Disclosure of catalog of electronic communications to trustee who is not original user. Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:

�� (1) A written request for disclosure in physical or electronic form;

�� (2) A certified copy of the trust instrument or a certification of the trust under ORS 130.860;

�� (3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

�� (4) If requested by the custodian:

�� (a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the trust�s account; or

�� (b) Evidence linking the account to the trust. [2016 c.19 �13]

�� 119.055 [1959 c.419 �10; repealed by 1977 c.666 �36]

�� 119.056 Disclosure to conservator; court order. (1) After an opportunity for a hearing, the court may grant a conservator access to the digital assets of a protected person.

�� (2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to the conservator the catalog of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:

�� (a) A written request for disclosure in physical or electronic form;

�� (b) A certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and

�� (c) If requested by the custodian:

�� (A) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or

�� (B) Evidence linking the account to the protected person.

�� (3) A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate the account of the protected person for good cause. A request made under this subsection must be accompanied by a certified copy of the court order giving the conservator authority over the protected person�s property. [2016 c.19 �14]

�� 119.060 [Amended by 1957 c.158 �1; repealed by 1959 c.419 �13]

�� 119.061 [1959 c.419 �11; 1973 c.703 �4; repealed by 1977 c.666 �36]

RIGHTS AND DUTIES OF PARTIES

�� 119.062 Duties and authority of fiduciary. (1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:

�� (a) The duty of care;

�� (b) The duty of loyalty; and

�� (c) The duty of confidentiality.

�� (2) A fiduciary�s or designated recipient�s authority with respect to a digital asset of a user:

�� (a) Except as otherwise provided in ORS 119.016, is subject to the applicable terms of service;

�� (b) Is subject to other applicable law, including copyright law;

�� (c) In the case of a fiduciary, is limited by the scope of the fiduciary�s duties; and

�� (d) May not be used to impersonate the user.

�� (3) A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor has a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.

�� (4) A fiduciary acting within the scope of the fiduciary�s duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including this state�s laws on unauthorized computer access.

�� (5) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor:

�� (a) Has the right to access the property and any digital asset stored in the property; and

�� (b) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including this state�s laws on unauthorized computer access.

�� (6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

�� (7) A fiduciary of a user may request a custodian to terminate the user�s account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:

�� (a) If the user is deceased, a certified copy of the death certificate of the user;

�� (b) A certified copy of the letter of appointment of the personal representative, a simple estate affidavit or court order, a court order, a power of attorney or a trust giving the fiduciary authority over the account; and

�� (c) If requested by the custodian:

�� (A) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the user�s account;

�� (B) Evidence linking the account to the user; or

�� (C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph. [2016 c.19 �15; 2023 c.17 �22]

�� 119.065 [1959 c.419 �12; 1969 c.110 �1; 1977 c.666 �26; 1987 c.646 �7; repealed by 1997 c.99 �54]

�� 119.066 Requests to disclose digital assets or terminate account; custodian�s duty to comply; court order; immunity from liability. (1) Not later than 60 days after receipt of the information required under ORS 119.021 to 119.062, a custodian shall comply with a request from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.

�� (2) An order under subsection (1) of this section directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. 2702.

�� (3) A custodian may notify the user that a request for disclosure or to terminate an account was made under ORS 119.006 to 119.081.

�� (4) A custodian may deny a request under ORS 119.006 to 119.081 from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary�s request.

�� (5) ORS 119.006 to 119.081 do not limit a custodian�s ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination to obtain a court order that:

�� (a) Specifies that an account belongs to the protected person or principal;

�� (b) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and

�� (c) Contains a finding required by law other than under ORS 119.006 to 119.081.

�� (6) A custodian and the custodian�s officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with ORS 119.006 to

ORS 137.930

137.930 (1). [1977 c.195 �4; 1979 c.505 �1; 2003 c.759 ��9,10; 2007 c.223 �6; 2008 c.19 �16; 2008 c.31 �4; 2009 c.60 �1; 2013 c.304 �13; 2013 c.433 �2; 2015 c.128 �2; 2015 c.357 �4; 2015 c.528 �3; 2017 c.145 �1; 2019 c.193 �2; 2021 c.305 �2; 2021 c.486 �5; 2021 c.305 �3]

�� 646.608 Additional unlawful business, trade practices; proof; rules. (1) A person engages in an unlawful practice if in the course of the person�s business, vocation or occupation the person does any of the following:

�� (a) Passes off real estate, goods or services as the real estate, goods or services of another.

�� (b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of real estate, goods or services.

�� (c) Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another.

�� (d) Uses deceptive representations or designations of geographic origin in connection with real estate, goods or services.

�� (e) Represents that real estate, goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, quantities or qualities that the real estate, goods or services do not have or that a person has a sponsorship, approval, status, qualification, affiliation, or connection that the person does not have.

�� (f) Represents that real estate or goods are original or new if the real estate or goods are deteriorated, altered, reconditioned, reclaimed, used or secondhand.

�� (g) Represents that real estate, goods or services are of a particular standard, quality, or grade, or that real estate or goods are of a particular style or model, if the real estate, goods or services are of another.

�� (h) Disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact.

�� (i) Advertises real estate, goods or services with intent not to provide the real estate, goods or services as advertised, or with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

�� (j) Makes false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions.

�� (k) Makes false or misleading representations concerning credit availability or the nature of the transaction or obligation incurred.

�� (L) Makes false or misleading representations relating to commissions or other compensation to be paid in exchange for permitting real estate, goods or services to be used for model or demonstration purposes or in exchange for submitting names of potential customers.

�� (m) Performs service on or dismantles any goods or real estate if the owner or apparent owner of the goods or real estate does not authorize the service or dismantling.

�� (n) Solicits potential customers by telephone or door to door as a seller unless the person provides the information required under ORS 646.611.

�� (o) In a sale, rental or other disposition of real estate, goods or services, gives or offers to give a rebate or discount or otherwise pays or offers to pay value to the customer in consideration of the customer giving to the person the names of prospective purchasers, lessees, or borrowers, or otherwise aiding the person in making a sale, lease, or loan to another person, if earning the rebate, discount or other value is contingent upon an event occurring after the time the customer enters into the transaction.

�� (p) Makes any false or misleading statement about a prize, contest or promotion used to publicize a product, business or service.

�� (q) Promises to deliver real estate, goods or services within a certain period of time with intent not to deliver the real estate, goods or services as promised.

�� (r) Organizes or induces or attempts to induce membership in a pyramid club.

�� (s) Makes false or misleading representations of fact concerning the offering price of, or the person�s cost for real estate, goods or services.

�� (t) Concurrent with tender or delivery of any real estate, goods or services, fails to disclose any known material defect or material nonconformity.

�� (u) Engages in any other unfair or deceptive conduct in trade or commerce.

�� (v) Violates any of the provisions relating to auction sales, consignment sales, auctioneers, consignees or auction marts under ORS 698.640, whether in a commercial or noncommercial situation.

�� (w) Manufactures mercury fever thermometers.

�� (x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal law, or is:

�� (A) Prescribed by a person licensed under ORS chapter 677; and

�� (B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and on the proper cleanup of mercury should breakage occur.

�� (y) Sells a thermostat that contains mercury, unless the thermostat is labeled in a manner to inform the purchaser that mercury is present in the thermostat and that the thermostat may not be disposed of until the mercury is removed, reused, recycled or otherwise managed to ensure that the mercury does not become part of the solid waste stream or wastewater. For purposes of this paragraph, �thermostat� means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature.

�� (z) Sells or offers for sale a motor vehicle manufactured after January 1, 2006, that contains mercury light switches.

�� (aa) Violates the provisions of ORS 803.375, 803.385 or 815.410 to 815.430.

�� (bb) Violates ORS

ORS 138.295

138.295 or any other authority. [2025 c.268 �51]

AUTHORITY TO REGULATE LOCAL MATTERS; LICENSING AND TAXATION

(Generally)

�� 221.410 Power of city to control local affairs; limitation of floating indebtedness. (1) Except as limited by express provision or necessary implication of general law, a city may take all action necessary or convenient for the government of its local affairs.

�� (2)(a) A city may not, unless authorized to do so by its electors, contract a voluntary floating indebtedness in excess of the sum of $5,000 for general city purposes. A city official or employee who creates or officially approves such an indebtedness in excess of the limitation shall be liable for the amount of the excess.

�� (b) Notwithstanding paragraph (a) of this subsection, a city may contract a voluntary floating indebtedness in excess of the sum of $5,000 for general city purposes without an election specifically approving the indebtedness if authorized to do so by a statute or charter.

�� (3) As used in this section, �city� has the meaning given that term in ORS 221.010. [Amended by 2003 c.195 �9]

�� 221.415 Municipal rights of way; use by electric utilities; power of city to regulate and impose charges. Recognizing the independent basis of legislative authority granted to cities in this state by municipal charters, the Legislative Assembly intends by ORS

ORS 153.021

153.021, a sentence of discharge imposed under this paragraph may not include a fine.

�� (d) If the person has not successfully completed the requirements described in paragraph (a) of this subsection, the court shall:

�� (A) Grant the person an extension based on good cause shown; or

�� (B) Impose the fine under subsection (5)(a) of this section.

�� (9) The department shall place signs on state highways to notify drivers that it is unlawful to drive a motor vehicle on the highways of this state while using a mobile electronic device and violators are subject to criminal penalties.

�� Note: Section 5, chapter 629, Oregon Laws 2017, provides:

�� Sec. 5. The amendments to ORS 811.507 by section 1, chapter 629, Oregon Laws 2017, apply to:

�� (1) Offenses committed on or after October 1, 2017; and

�� (2) For purposes of determining prior convictions within a 10-year period under ORS 811.507 (5)(c) or (d), prior convictions occurring on or after July 1, 2018. [2017 c.629 �5; 2018 c.32 �3]

�� Note: Section 4, chapter 32, Oregon Laws 2018, provides:

�� Sec. 4. (1) A person convicted of an offense under ORS 811.507 (5)(c) or (d), the classification of which was enhanced due to the court taking into account one or more prior convictions occurring before July 1, 2018, may request in writing that the court redetermine the classification of the offense.

�� (2) Upon receipt of a request under this section, if the court determines that the classification of the offense was based upon the court taking into account one or more prior convictions occurring before July 1, 2018, the court shall vacate the judgment of conviction and enter a new judgment of conviction for a Class B or Class A traffic violation in accordance with ORS 811.507 (5)(a) or (b). [2018 c.32 �4]

�� Note: 811.507 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.508 Distracted driving avoidance course; rules. (1) The Department of Transportation by rule shall establish standards for a distracted driving avoidance course provided to persons who violate ORS 811.507. The standards must describe the contents and quality of a curriculum for the course, specify requirements for obtaining a certificate or other evidence of having completed the course and otherwise determine the level and depth of knowledge a person must have obtained from the course.

�� (2) The department shall maintain a list of providers approved to lead the course described in this section and shall update the list monthly. The department shall prescribe procedures for providing the provider list to courts. [2017 c.629 �4]

�� Note: 811.508 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.510 Dangerous operation around livestock; penalty. (1) A person commits the offense of dangerous operation around livestock if the person is operating a vehicle upon a highway and the person fails to do any of the following:

�� (a) A driver shall use caution when approaching or passing a person riding, leading or herding livestock on the highway.

�� (b) If a person riding or leading livestock upon a highway gives a distress signal to an approaching driver by raising a hand, the driver must promptly stop the driver�s vehicle, unless movement forward is necessary to avoid an accident, and, if requested, shall turn off the engine until the livestock is under control.

�� (c) A driver shall yield the right of way to livestock being driven on a highway.

�� (2) This section is only applicable if the livestock is an animal of the species of horses, mules, donkeys, cattle, swine, sheep or goats.

�� (3) The offense described in this section, dangerous operation around livestock, is a Class B traffic violation. [1983 c.338 �666]

�� 811.512 Unlawfully operating low-speed vehicle on highway; penalty. (1) A person commits the offense of unlawfully operating a low-speed vehicle on a highway if the person operates a low-speed vehicle on a highway that has a speed limit or posted speed of more than 35 miles per hour.

�� (2) Notwithstanding subsection (1) of this section, a city or county may adopt an ordinance allowing operation of low-speed vehicles on city streets or county roads that have speed limits or posted speeds of more than 35 miles per hour.

�� (3) Notwithstanding subsection (1) of this section, a person does not commit the offense of unlawfully operating a low-speed vehicle on a highway if the person operates a farm tractor on a state highway that has a speed limit or posted speed of more than 35 miles per hour.

�� (4) The offense described in this section, unlawfully operating a low-speed vehicle on a highway, is a Class B traffic violation. [2001 c.293 �8; 2019 c.59 �1]

�� 811.513 Unlawfully operating medium-speed electric vehicle on highway; penalty. (1) A person commits the offense of unlawfully operating a medium-speed electric vehicle on a highway if the person operates a medium-speed electric vehicle on a highway with a posted speed limit that is greater than 45 miles per hour.

�� (2) Notwithstanding subsection (1) of this section, a city or county may adopt an ordinance allowing operation of medium-speed electric vehicles on city streets or county roads that have speed limits or posted speeds of more than 45 miles per hour.

�� (3) The offense described in this section, unlawfully operating a medium-speed electric vehicle on a highway, is a Class B traffic violation. [2009 c.865 �13]

�� Note: 811.513 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.514 Unlawfully operating racing activity vehicle on highway; penalty. (1) A person commits the offense of unlawfully operating a racing activity vehicle on a highway if the person operates a racing activity vehicle on a highway that has a speed limit or posted speed that is greater than 55 miles per hour.

�� (2) The offense described in this section, unlawfully operating a racing activity vehicle on a highway, is a Class B traffic violation. [2007 c.693 �3c]

�� Note: 811.514 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

USE OF LIGHTS AND WARNINGS

(Lights)

�� 811.515 When lights must be displayed; kind of light; number; direction; use on certain vehicles. This section establishes requirements for ORS 811.520. Except where an exemption under ORS 811.525 specifically provides otherwise, a vehicle that does not comply with this section is in violation of ORS 811.520. Where specific types of lighting equipment are mentioned in this section, those types are types described in ORS 816.040 to 816.290. The requirements under this section are as follows:

�� (1) Subject to any other provision of this section, any lighting equipment a vehicle is required to be equipped with under ORS 816.040 to 816.290 must be displayed when the vehicle is upon a highway within this state at any time limited visibility conditions exist. The provisions of this subsection apply during the times stated when the required visibility is measured on a straight, level unlighted highway.

�� (2) Parking lights and lights other than clearance, identification and marker lights that are mounted on the front of a vehicle and are designed to be displayed primarily when the vehicle is parked shall not be lighted when a vehicle is driven upon a highway at times when limited visibility conditions exist except when:

�� (a) The lights are being used as turn signals; or

�� (b) The headlights are also lighted at the same time.

�� (3) Any vehicle parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during times when limited visibility conditions exist must display parking lights.

�� (4) All vehicles not specifically required by ORS 816.320 to be equipped with lighting equipment shall at times when limited visibility conditions exist display exempt-vehicle safety lighting equipment. This section includes, but is not limited to, animal drawn vehicles and vehicles exempted from required lighting equipment under ORS

ORS 153.054

153.054.

�� (8) If a mass transit district stays a court filing as described in subsection (3)(b) of this section, the running of any applicable statutory time limitation for the commencement of a trial is tolled during the stay period. [2017 c.427 �2]

�� Note: 267.153 and 267.154 were added to and made a part of ORS chapter 267 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 267.154 Collection of data relating to administrative process for adjudicating ordinance violations; reports. (1) A mass transit district that establishes an administrative process to adjudicate ordinance violations under ORS 267.153 shall track data relating to each violation subject to the administrative process, including:

�� (a) The type of violation and the approximate location of the violation;

�� (b) The resolution of the administrative process, including the amount of fine assessed, if any, the amount and type of community service required, if any, and whether the citation was successfully resolved through the administrative process pursuant to ORS 267.153;

�� (c) The race and sex of the person cited, based on the observations of the person issuing the citation; and

�� (d) The age of the person cited, if provided to the person issuing the citation.

�� (2)(a) The mass transit district shall prepare annual reports on the data described in subsection (1) of this section. The reports shall disclose the data only in an aggregate manner, such that the disclosed information cannot be used to identify, contact or locate any single individual.

�� (b) The mass transit district shall annually transmit the report to the committees or interim committees of the Legislative Assembly related to the judiciary. The first report must be made no later than one year after the administrative process to adjudicate ordinance violations is implemented. [2017 c.427 �3]

�� Note: See note under 267.153.

�� 267.155 [1969 c.643 �19; repealed by 1971 c.268 �24]

�� 267.160 [1969 c.643 �36; repealed by 1971 c.268 �24]

�� 267.165 [1969 c.643 �18(2), (3); repealed by 1971 c.268 �24]

�� 267.170 Initiative and referendum. (1) The electors of a district may exercise the powers of the initiative and referendum with reference to legislation of the district, in accordance with ORS 255.135 to 255.205.

�� (2) A district board on its own resolution may call an election for the purpose of referring an ordinance to the electors of a district for their approval before the ordinance takes effect. [1969 c.643 �39; 1977 c.728 �3; 1979 c.190 �411; 1981 c.173 �39; 1983 c.350 �124]

(Powers)

�� 267.200 Existence, status and general powers of districts. A mass transit district shall constitute a municipal corporation of this state, and a public body, corporate and politic, exercising public power. It shall be considered a unit of local government for the purposes of ORS 190.003 to 190.130, a public employer for the purposes of ORS 236.610 to 236.640, and a political subdivision for the purposes of ORS 305.620. A district and its contractors engaged in operating motor vehicles to provide mass transportation on behalf of the district shall be entitled to tax refunds as allowed under ORS 319.831 to incorporated cities. It shall have full power to carry out the objects of its formation and to that end may:

�� (1) Have and use a seal, have perpetual succession, and sue and be sued in its own name.

�� (2) Acquire by condemnation, purchase, lease, devise, gift or voluntary grant real and personal property or any interest therein, located inside the boundaries of the district and take, hold, possess and dispose of real and personal property purchased or leased from, or donated by, the United States, or any state, territory, county, city or other public body, nonprofit corporation or person for the purpose of providing or operating a mass transit system in the district and aiding in the objects of the district.

�� (3) Contract with the United States or with any county, city, state, or public body, or any of their departments or agencies, or a nonprofit corporation, or any person, for the construction, acquisition, purchase, lease, preservation, improvement, operation or maintenance of any mass transit system.

�� (4) Build, construct, purchase, lease, improve, operate and maintain, subject to other applicable provisions of law, all improvements, facilities or equipment necessary or desirable for the mass transit system of the district.

�� (5) Enter into contracts and employ agents, engineers, attorneys and other persons and fix their compensation.

�� (6) Fix and collect charges for the use of the transit system and other district facilities.

�� (7) Construct, acquire, maintain and operate and lease, rent and dispose of passenger terminal facilities, motor vehicle parking facilities and other facilities for the purpose of encouraging use of the mass transit system within the district.

�� (8) Enter into contracts or intergovernmental agreements under ORS chapter 190 with units of local government of the State of Oregon, whether within or without the district, or with the State of Washington or with public agencies of the State of Washington, to act jointly or in cooperation with them or to provide mass transit services to areas under their jurisdictions, provided that the party contracting to receive the services shall pay to the mass transit district not less than the proportionate share of the cost of the services that the benefits to the contracting party bear to the total benefits from the service.

�� (9) Conduct programs and events and take other actions for the purpose of improving or maintaining employee relations.

�� (10) Improve, construct and maintain bridges over navigable streams.

�� (11) Do such other acts or things as may be necessary or convenient for the proper exercise of the powers granted to a district by ORS 267.010 to 267.394. [1969 c.643 �8; 1973 c.116 �3; 1975 c.170 �1; 1977 c.550 �1; 1979 c.344 �1; 1979 c.877 �2; 1987 c.689 �1; 2003 c.802 �92; 2007 c.531 �16]

�� 267.203 Authority to enter into transaction for electricity or diesel fuel. (1) A mass transit district may enter into transactions with persons or entities for the supply or delivery of electricity or diesel fuel on an economic, dependable and cost-effective basis, including transactions involving financial products contracts and agreements for exchange of fixed and variable pricing agreements and other service contracts that reduce the risk of economic losses in transactions for the supply or delivery of electricity or diesel fuel.

�� (2) Notwithstanding subsection (1) of this section, a mass transit district may not enter into a transaction for the supply or delivery of electricity or diesel fuel that:

�� (a) Constitutes the investment of surplus funds for the purpose of receiving interest or other earnings from the investment; or

�� (b) Is for any purpose other than the supply or delivery of electricity or diesel fuel on a cost-effective basis. [2007 c.894 �6]

�� Note: 267.203 was added to and made a part of ORS chapter 267 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 267.205 Classification and designation of service areas; determination of area financing. (1) A district board may by ordinance classify and designate as a service area the territory within the district that is benefited by the mass transit system beyond the general benefit to all territory within the district. The board may by ordinance amend the boundaries of the service area to conform to changes in the mass transit system service.

�� (2) Subject to restrictions in the Oregon Constitution, any of the methods of financing authorized under ORS 267.300 may, in the discretion of the board, be imposed in the service area rather than in the entire district. [1969 c.643 �24]

�� 267.207 Change of district boundaries; elector approval; withdrawal of service from area; territorial jurisdiction of district; boundary commission exemption. (1) The board of directors of a mass transit district may alter the territorial boundaries of the district by a nonemergency ordinance adopted at any regular meeting.

�� (2) If an ordinance annexing territory to a district is initiated or referred by, or referred to, the electors of the district, it shall not take effect unless approved by a majority of the electors registered in the territory proposed to be annexed to the district voting on the question and by a majority of the electors of the district voting on the question.

�� (3)(a) The board of directors of a mass transit district, as a result of the continuing comprehensive transportation planning process required by the Federal Transit Administration, shall determine annually the territory in the district within which the transit system of the district will operate. When the board determines during such planning process for any fiscal year that it will not provide transit service during that fiscal year to an area presently within the district, the board shall by ordinance withdraw from that area on the date specified in the ordinance, and that area shall no longer be part of the district. The board shall by ordinance set forth the criteria to be used in making the determinations described in this subsection.

�� (b) Subject to paragraph (a) of this subsection, the territorial jurisdiction of a district shall include:

�� (A) All territory located within the boundaries of a metropolitan service district;

�� (B) Each census tract within which the transit system of the district operates, or such smaller portion of the tract as determined by the board; and

�� (C) If so determined by the board of directors, any territory located within two and one-half miles or less of the transit system of the district or any route used by that system for the transportation of passengers.

�� (4) If an ordinance withdrawing territory from a district is initiated or referred by, or referred to, the electors of the district it shall not take effect unless approved by a majority of the electors of the entire district voting on the question.

�� (5) The alteration of the boundaries of a district under this section is not subject to the jurisdiction or review of a local government boundary commission. [1979 c.877 �5; 1981 c.907 �1; 1983 c.83 �45; 1993 c.741 �22; 2007 c.239 �13]

�� 267.208 Effective date of change of boundaries; filing boundary change with county assessor and Department of Revenue. (1) An alteration of the boundaries of a district under ORS 267.207 or 267.250 to 267.263 shall not become effective during the period:

�� (a) Beginning after the 90th day before a primary election or general election and ending on the day after the election; or

�� (b) Beginning after the deadline for filing the notice of election before any other election held by the district and ending on the day after the election.

�� (2) If the effective date established for the alteration of the boundaries is a date that is prohibited under this section, the alteration shall become effective on the day after the election.

�� (3) For the purposes of ORS 308.225 only, the effective date of an alteration of district boundaries shall be the date on which the board adopts the ordinance altering the boundaries or, if such an ordinance is initiated or referred, the date on which the ordinance is approved by the electors as provided in ORS 267.207.

�� (4) For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS

ORS 161.015

161.015, to another person; or

�� (B)(i) Is specifically designed or modified to cause, and is presently capable of causing, serious physical injury as defined in ORS 161.015; and

�� (ii) The design or modification causes serious physical injury, as defined in ORS 161.015, to another person.

�� (3) Subsection (1) of this section does not apply if:

�� (a) The person uses the unmanned aircraft system to release, discharge, propel or eject a nonlethal projectile for purposes other than to injure or kill persons or animals;

�� (b) The person uses the unmanned aircraft system for nonrecreational purposes in compliance with specific authorization from the Federal Aviation Administration;

�� (c) The person notifies the Oregon Department of Aviation, the Oregon State Police and any other agency that issues a permit or license for the activity requiring the use of the unmanned aircraft system of the time and location at which the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile at least five days before the person uses the system;

�� (d) If the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile in an area open to the public, the person provides reasonable notice to the public of the time and location at which the person intends to use the unmanned aircraft system; and

�� (e) The person maintains a liability insurance policy in an amount not less than $1 million that covers injury resulting from use of the unmanned aircraft system.

�� (4) The notification requirement of subsection (3)(c) of this section does not apply to:

�� (a) A career school licensed under ORS 345.010 to 345.340;

�� (b) A community college as defined in ORS 341.005;

�� (c) A school;

�� (d) The Oregon Health and Science University;

�� (e) A public university listed in ORS 352.002; or

�� (f) An institution that is exempt from ORS 348.594 to 348.615 under ORS 348.597 (2).

�� (5) Notwithstanding subsection (3) of this section, a person may not use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile for purposes of crowd management.

�� (6) As used in this section, �school� means a public or private institution of learning providing instruction at levels kindergarten through grade 12, or their equivalents. [2013 c.686 �10; 2015 c.315 �9; 2016 c.72 �2; 2017 c.502 �1; 2018 c.120 �6]

�� Note: See note under 837.300.

�� 837.370 Operation over privately owned premises; penalties. (1) Except as provided in subsection (2) of this section, a person may not operate an unmanned aircraft system over the boundaries of privately owned premises in a manner so as to intentionally, knowingly or recklessly harass or annoy the owner or occupant of the privately owned premises.

�� (2) Subsection (1) of this section does not apply to the use of an unmanned aircraft system by a law enforcement agency under ORS 837.335.

�� (3)(a) Except as provided in paragraphs (b) and (c) of this subsection, violation of subsection (1) of this section is a Class B violation.

�� (b) If, at the time of the offense, the person has one prior conviction under this section, violation of subsection (1) of this section is a Class A violation.

�� (c) If, at the time of the offense, the person has two or more prior convictions under this section, violation of subsection (1) of this section is a Class B misdemeanor.

�� (d) If the court imposes a sentence of probation for a violation under paragraph (c) of this subsection, the court may order as a condition of probation that the person may not possess an unmanned aircraft system. [2017 c.502 �4]

�� Note: See note under 837.300.

�� 837.372 Operation over critical infrastructure facility; penalty. (1) As used in this section, �critical infrastructure facility� means any of the following facilities, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that entry is forbidden:

�� (a) A petroleum or alumina refinery;

�� (b) An electrical power generating facility, substation, switching station or electrical control center;

�� (c) A chemical, polymer or rubber manufacturing facility;

�� (d) A water intake structure, water treatment facility, wastewater treatment plant or pump station;

�� (e) A natural gas compressor station;

�� (f) A liquid natural gas terminal or storage facility;

�� (g) A telecommunications central switching office;

�� (h) A port, railroad switching yard, trucking terminal or other freight transportation facility;

�� (i) A gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas;

�� (j) A transmission facility used by a federally licensed radio or television station;

�� (k) A steelmaking facility that uses an electric arc furnace to make steel;

�� (L) A dam that is classified as a high hazard by the Water Resources Department;

�� (m) Any portion of an aboveground oil, gas or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders; or

�� (n) A correctional facility or law enforcement facility.

�� (2) Except as provided in subsection (3) of this section, a person commits a Class A violation if the person intentionally or knowingly:

�� (a) Operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or

�� (b) Allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility.

�� (3) This section does not apply to:

�� (a) The federal government.

�� (b) A public body.

�� (c) A law enforcement agency.

�� (d) A person under contract with or otherwise acting under the direction or on behalf of the federal government, a public body or a law enforcement agency.

�� (e) An owner or operator of the critical infrastructure facility.

�� (f) A person who has the prior written consent of the owner or operator of the critical infrastructure facility.

�� (g) The owner or occupant of the property on which the critical infrastructure facility is located.

�� (h) A person who has the prior written consent of the owner or occupant of the property on which the critical infrastructure facility is located.

�� (i) A person operating an unmanned aircraft system for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. [2016 c.72 �13]

�� Note: See note under 837.300.

�� 837.374 Reckless interference with aircraft; penalties. (1) Except as provided in subsection (5) of this section, a person commits a Class A violation if the person possesses or controls an unmanned aircraft system and recklessly causes the unmanned aircraft system to:

�� (a) Direct a laser at an aircraft while the aircraft is in the air;

�� (b) Crash into an aircraft while the aircraft is in the air; or

�� (c) Prevent the takeoff or landing of an aircraft.

�� (2) A person commits a Class B misdemeanor if the person possesses or controls an unmanned aircraft system and recklessly causes the unmanned aircraft system to interfere with a law enforcement, firefighting, search and rescue or emergency response effort.

�� (3) Except as provided in subsection (5) of this section, a person commits a Class A misdemeanor if the person possesses or controls an unmanned aircraft system and knowingly or intentionally causes the unmanned aircraft system to:

�� (a) Direct a laser at an aircraft while the aircraft is in the air;

�� (b) Crash into an aircraft while the aircraft is in the air; or

�� (c) Prevent the takeoff or landing of an aircraft.

�� (4) Except as provided in subsection (5) of this section, a person commits a Class C felony if the person possesses or controls an unmanned aircraft system and knowingly or intentionally causes the unmanned aircraft system to interfere with a law enforcement, firefighting, search and rescue or emergency response effort.

�� (5) A person commits a Class A felony if the person possesses or controls an unmanned aircraft system and knowingly, intentionally or recklessly causes death or serious physical injury, as defined in ORS 161.015, to another person by causing the unmanned aircraft system to:

�� (a) Direct a laser at an aircraft while the aircraft is in the air;

�� (b) Crash into an aircraft while the aircraft is in the air;

�� (c) Prevent the takeoff or landing of an aircraft; or

�� (d) Interfere with a law enforcement, firefighting, search and rescue or emergency response effort.

�� (6) Notwithstanding subsections (1) and (2) of this section, a person commits a Class A misdemeanor if the person violates subsection (1) or (2) of this section and the person has one or more convictions under subsection (1) or (2) of this section at the time of the offense.

�� (7) In addition to and not in lieu of any other sentence the court may impose, upon a person�s second or subsequent conviction under this section, the court shall, at the time of sentencing, declare the unmanned aircraft system used in the offense to be contraband and order that the unmanned aircraft system be forfeited. [2016 c.72 �5; 2019 c.337 �1; 2023 c.114 �1; 2023 c.249 �1; 2025 c.604 �1]

�� Note: See note under 837.300.

(Civil Remedies)

�� 837.375 Interference with an unmanned aircraft system; unauthorized control. In addition to any other remedies allowed by law, a person who intentionally interferes with, or gains unauthorized control over, an unmanned aircraft system licensed by the Federal Aviation Administration, or operated by the Armed Forces of the United States as defined in ORS 352.313, an agency of the United States or a federal, state or local law enforcement agency, is liable to the owner of the unmanned aircraft system in an amount of not less than $5,000. The court shall award reasonable attorney fees to a prevailing plaintiff in an action under this section. [2013 c.686 �14; 2015 c.315 �10]

�� Note: See note under 837.300.

�� 837.380 Action by owner of real property; Attorney General. (1) Except as provided in subsections (2) and (3) of this section, a person who owns or lawfully occupies real property in this state may bring an action against any person or public body that operates an unmanned aircraft system that is flown over the property if:

�� (a) The operator of the unmanned aircraft system has flown the unmanned aircraft system over the property on at least one previous occasion; and

�� (b) The person notified the owner or operator of the unmanned aircraft system that the person did not want the unmanned aircraft system flown over the property.

�� (2) A person may not bring an action under this section if:

�� (a) The unmanned aircraft system is lawfully in the flight path for landing at an airport, airfield or runway; and

�� (b) The unmanned aircraft system is in the process of taking off or landing.

�� (3) A person may not bring an action under this section if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. This subsection does not preclude a person from bringing another civil action, including but not limited to an action for invasion of privacy or an action for invasion of personal privacy under ORS

ORS 161.085

161.085, allow feral swine to roam on land owned or controlled by that person.

�� (2) A person, or an employee of that person who acts as a land manager, shall take action in a manner consistent with rules adopted by the State Fish and Wildlife Commission to remove any feral swine that roams on land owned or controlled by that person if the person or employee knows that feral swine roam on land owned or controlled by that person. ORS 497.075 does not apply to this subsection.

�� (3) A person, or an employee of that person who acts as a land manager, shall, within 10 days after discovering feral swine on land owned or controlled by that person, inform the State Department of Fish and Wildlife about the feral swine. [2009 c.605 �3]

�� 498.202 [1973 c.723 �91; 1981 c.510 �1; repealed by 1997 c.12 �2]

�� 498.205 [Amended by 1973 c.723 �109; renumbered 501.400]

ANGLING RESTRICTIONS; FISH PROTECTIVE PROVISIONS

�� 498.208 Use of electricity or foreign substances to take game fish prohibited; rules. (1) Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall:

�� (a) Use in any body of water any electric current that may attract, frighten, retard, stun, kill or obstruct the movement of any game fish.

�� (b) Place in any body of water any foreign substance such as blood or fish offal or any gas, chemical, drug or powder that may attract, frighten, retard, stun, kill or obstruct the movement of any game fish.

�� (c) Use in any body of water any explosive device for the purpose of taking game fish.

�� (2) No person shall possess any game fish that the person knows or has reason to know was taken in violation of subsection (1) of this section. [1973 c.723 �92]

�� 498.210 [Amended by 1973 c.723 �110; renumbered 501.405]

�� 498.215 [Amended by 1973 c.723 �111; renumbered 501.425]

�� 498.216 Angling from fishways restricted; rules. Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall trespass upon or angle from any fishway or angle within an area of a body of water bounded by a line extending across the body of water 200 feet above the upper end of a fishway and a line across the body of water 200 feet below the lower end of a fishway. [1973 c.723 �93]

�� 498.220 [Repealed by 1973 c.723 �130]

�� 498.222 Transportation or release of fish without permit prohibited; penalties; revocation of angling licenses and tags; suit for recovery of damages. (1) No person shall:

�� (a) Transport any live fish unless the person has first obtained a permit therefor from the State Fish and Wildlife Commission.

�� (b) Release or attempt to release into any body of water any live fish that was not taken from that body of water, unless the person has first obtained a permit therefor from the commission.

�� (2) The commission may refuse to issue the permit referred to in subsection (1)(b) of this section if the commission finds that release of the fish into a body of water would adversely affect existing fish populations.

�� (3) Subsection (1)(a) of this section does not apply to live fish that are for aquaria use.

�� (4) Violation of subsection (1)(b) of this section is:

�� (a) A Class C felony if the violation is committed intentionally or knowingly.

�� (b) A Class A misdemeanor if the violation is committed recklessly or with criminal negligence.

�� (5)(a) Notwithstanding ORS 497.415 (1), (2), (3) and (5), when a person is convicted of violating subsection (1)(b) of this section, the court in which the conviction occurs shall notify the commission, which shall revoke all angling licenses and tags issued to that person pursuant to the wildlife laws. Revocation of licenses and tags is in addition to and not in lieu of other penalties provided by law.

�� (b) No person who has been convicted of violating subsection (1)(b) of this section shall apply for, obtain or possess any angling license or tag issued pursuant to the wildlife laws within five years after the conviction.

�� (6)(a) The commission may institute suit for the recovery of damages for the control or eradication of live fish released into a body of water in violation of subsection (1)(b) of this section. The damages awarded under this subsection shall be the amount necessary to return the body of water to its condition prior to the violation.

�� (b) In any action under this subsection, the court shall award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees.

�� (c) Damages awarded under this subsection shall be in addition to other penalties prescribed by the wildlife laws for releasing or attempting to release live fish without a permit.

�� (d) Any circuit or justice court has jurisdiction to try any case for the recovery of damages as provided by this subsection. [1973 c.723 �94; 2009 c.243 �1; 2011 c.597 �66]

�� 498.225 [Amended by 1965 c.20 �1; repealed by 1973 c.723 �130]

�� 498.228 Possession of fish taken outside state restricted. (1) Except as provided in subsection (2) of this section:

�� (a) No person shall possess or import into this state from the waters of the Pacific Ocean beyond the boundaries of this state any game fish unless the person has in possession those valid angling licenses, tags and permits required therefor by the wildlife laws or rules promulgated pursuant thereto.

�� (b) No person shall possess or import into this state from any waters beyond the boundaries of this state any game fish in excess of the amount prescribed by the wildlife laws or rules promulgated pursuant thereto.

�� (2) Subsection (1) of this section does not apply to:

�� (a) The possession or importation of fish taken pursuant to the commercial fishing laws; or

�� (b) The possession or importation of fish taken in the waters of another state, a territory of the United States or a foreign country pursuant to the laws of such state, territory or foreign country. [1973 c.723 �95]

�� 498.230 [Repealed by 1973 c.723 �130]

�� 498.234 Protection of finfish and shellfish from introduction of disease; exceptions; rules. (1) The State Fish and Wildlife Commission shall, by rule, establish a program to protect all finfish and shellfish in waters of this state, both public and private, from infection by the introduction of detrimental fish diseases.

�� (2) Rules adopted under subsection (1) of this section shall not apply to live aquaria species imported or transported for aquaria use unless those species are reared in facilities from which effluent directly enters waters of this state.

�� (3) The requirements of subsection (1) of this section are in addition to any other requirement of law, or rule promulgated pursuant thereto, regarding the importation into this state of live game fish or game fish eggs. [1973 c.723 �96; 1987 c.294 �1]

�� 498.235 [Repealed by 1973 c.723 �130]

�� 498.240 [Amended by 1967 c.523 �13; repealed by 1973 c.723 �130]

�� 498.242 Possession of walking catfish and piranha restricted. (1) Except as provided in subsections (2) and (3) of this section, no person shall possess any live fish of the various species:

�� (a) Of the family Clariidae, commonly known as walking catfish; or

�� (b) Of the subfamily Serrasalminae of the family Characidae, commonly known as caribe or piranha.

�� (2) A public park, zoo, museum or educational institution may possess any of the fish referred to in subsection (1) of this section for educational, medical, scientific or exhibition purposes if the organization first obtains a permit from the State Fish and Wildlife Commission. The commission may refuse to issue the permit if the commission finds that the organization requesting the permit has physical facilities for holding the fish that are inadequate to prevent their escape from confinement.

�� (3) Subsections (1) and (2) of this section do not prohibit the possession or require a permit for the possession of live fish that are of the genera Pygocentrus, Serrasalmus or Pristobrycon that are carnivorous fish in the subfamily Serrasalminae, from the family Characidae, commonly known as piranha or caribe. [1973 c.723 �97; 1995 c.355 �1]

�� 498.245 [Repealed by 1959 c.352 �5]

�� 498.246 [1995 s.s. c.3 �41a; repealed by 1996 c.7 �2 (498.247 enacted in lieu of 498.246)]

�� 498.247 Protection of juvenile salmonids from cormorants. (1) The State Fish and Wildlife Commission shall issue not more than three permits annually for activities involving the protection of juvenile salmonids from cormorants (Phalacrocoracidae) on Oregon coastal river systems between Cape Falcon and Cascade Head.

�� (2) Activities authorized under the permits shall not include the killing, trapping or other taking of cormorants.

�� (3) Persons to whom permits are issued may subcontract with others for the performance of protection activities. [1996 c.7 �3 (enacted in lieu of 498.246)]

�� 498.248 [1973 c.723 �98; 1987 c.488 �1; 1995 c.426 �5; renumbered 498.311 in 1995]

�� 498.250 [Repealed by 1973 c.723 �130]

�� 498.252 [1989 c.933 �5; 1991 c.858 �3; repealed by 1995 c.426 �11]

�� 498.254 [1973 c.723 �99; repealed by 1987 c.488 �5]

�� 498.255 [Amended by 1957 c.253 �1; repealed by 1959 c.352 �5]

�� 498.256 [1989 c.933 ��6,7; 1995 c.426 �10; renumbered 498.326 in 1995]

�� 498.257 Prohibition on possession, sale, trade or distribution of shark fins; exceptions. (1) As used in this section:

�� (a) �Shark fin� means the raw or dried fin or tail of a shark.

�� (b) �Spiny dogfish� means a shark belonging to the family Squalidae in the order Squaliformes that has two spines, one anterior to each dorsal fin, and that does not have an anal fin.

�� (2) A person may not possess, sell or offer for sale, trade or distribute a shark fin in this state.

�� (3) This section does not apply to:

�� (a) A person who possesses, sells or offers for sale, trades or distributes a shark fin from a spiny dogfish that was legally taken or landed under rules adopted by the State Department of Fish and Wildlife and in accordance with federal regulations; and

�� (b) A person who holds a license or permit issued by the State Department of Fish and Wildlife under the wildlife laws to take a shark and who possesses, sells or offers for sale, trades or distributes a shark fin consistent with the terms of that license or permit. [2011 c.371 �4]

�� 498.260 [Repealed by 1959 c.352 �5]

�� 498.262 [1973 c.723 �100; 1987 c.488 �3; 1995 c.426 �8; renumbered 498.316 in 1995]

�� 498.265 [Repealed by 1955 c.160 �1]

�� 498.268 [1973 c.723 �101; renumbered

ORS 163.160

163.160, 163.165, 163.175, 163.185 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; or

�� (g) The person commits the strangulation knowing that the victim is pregnant.

�� (5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child.

�� (6) The Oregon Criminal Justice Commission shall classify strangulation committed under the circumstances described in subsection (4)(c) of this section as crime category 5 of the sentencing guidelines grid of the commission. [2003 c.577 �2, 2011 c.666 �1; 2012 c.82 �1; 2015 c.639 �1; 2018 c.84 �1]

Note: 163.187 was added to and made a part of 163.160 to 163.208 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 163.190 Menacing. (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

�� (2) Menacing is a Class A misdemeanor.

�� (3) If a person is convicted of menacing constituting domestic violence as an element of the crime as described ORS 132.586, the court shall ensure that the judgment document reflects that the conviction constitutes domestic violence. [1971 c.743 �95; 2021 c.581 �2]

�� 163.191 Intimidation by display of a noose. (1) A person commits the crime of intimidation by display of a noose if:

�� (a) The person, with the intent to intimidate another person or place another person in fear of imminent bodily harm, knowingly places a noose:

�� (A) On public property; or

�� (B) On private property without the written consent of the property owner;

�� (b) The other person is intimidated or placed in fear of imminent bodily harm by the display; and

�� (c) A reasonable person would be intimidated or placed in fear of imminent bodily harm by the display.

�� (2) Intimidation by display of a noose is a Class A misdemeanor.

�� (3) As used in this section:

�� (a) �Intimidate� means to threaten another person in a manner that compels or deters the other person�s conduct.

�� (b) �Noose� means a tied loop in the end of a length of rope or cord. [2021 c.276 �1]

�� Note: 163.191 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.192 Endangering a person protected by a Family Abuse Prevention Act restraining order. (1) A person commits the crime of endangering a person protected by a Family Abuse Prevention Act restraining order if the person:

�� (a) Has been served with the order as provided in ORS 107.718, unless service was waived under ORS 107.720 because the person appeared before the court;

�� (b) Intentionally engaged in conduct prohibited by the order while the order was in effect; and

�� (c) By engaging in the prohibited conduct, recklessly created a substantial risk of physical injury to a person protected by the order, or intentionally attempted to place a person protected by the order in fear of imminent physical injury.

�� (2) Endangering a person protected by a Family Abuse Prevention Act restraining order is a Class C felony. [2015 c.527 �2]

�� Note: 163.192 was added to and made a part of 163.160 to 163.208 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 163.193 Assisting another person to commit suicide. (1) A person commits the crime of assisting another person to commit suicide if the person knowingly sells, or otherwise transfers for consideration, any substance or object, that is capable of causing death, to another person for the purpose of assisting the other person to commit suicide.

�� (2) This section does not apply to a person:

�� (a) Acting pursuant to a court order, an advance directive or a form for appointing a health care representative pursuant to ORS 127.505 to 127.660 or a POLST, as defined in ORS 127.663;

�� (b) Withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration pursuant to ORS 127.505 to 127.660; or

�� (c) Acting in accordance with the provisions of ORS 127.800 to 127.897.

�� (3) Assisting another person to commit suicide is a Class B felony. [2011 c.552 �2; 2013 c.1 �10; 2018 c.36 �27]

�� Note: 163.193 was added to and made a part of 163.160 to 163.208 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 163.195 Recklessly endangering another person. (1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

�� (2) Recklessly endangering another person is a Class A misdemeanor. [1971 c.743 �96]

�� 163.196 Aggravated driving while suspended or revoked. (1) A person commits the crime of aggravated driving while suspended or revoked if the person operates a motor vehicle that causes serious physical injury to, or the death of, another person while knowingly violating ORS 811.175 or 811.182, if the suspension or revocation resulted from, or if the hardship permit violated is based upon a suspension or revocation that resulted from, a conviction for a criminal offense involving the use of a motor vehicle.

�� (2) Aggravated driving while suspended or revoked is a Class C felony.

�� (3) The Oregon Criminal Justice Commission shall classify aggravated driving while suspended or revoked as crime category 7 of the sentencing guidelines grid of the commission. [2009 c.783 �5; 2018 c.76 �3]

�� Note: 163.196 was added to and made a part of ORS chapter 163 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 163.197 Hazing. (1) A student organization or a member of a student organization commits the offense of hazing if, as a condition or precondition of attaining membership in the organization or of attaining any office or status in the organization, the organization or member intentionally hazes any member, potential member or person pledged to be a member of the organization.

�� (2)(a) A student organization that violates subsection (1) of this section commits a Class A violation.

�� (b) A member of a student organization who personally violates subsection (1) of this section commits a Class B violation.

�� (3) Consent of the person who is hazed is not a defense in a prosecution under this section.

�� (4) As used in this section:

�� (a) �Haze� means:

�� (A) To subject an individual to whipping, beating, striking, branding or electronic shocking, to place a harmful substance on an individual�s body or to subject an individual to other similar forms of physical brutality;

�� (B) To subject an individual to sleep deprivation, exposure to the elements, confinement in a small space or other similar activity that subjects the individual to an unreasonable risk of harm or adversely affects the physical health or safety of the individual;

�� (C) To compel an individual to consume food, liquid, alcohol, cannabis, controlled substances or other substances that subject the individual to an unreasonable risk of harm or adversely affect the physical health or safety of the individual; or

�� (D) To induce, cause or require an individual to perform a duty or task that involves the commission of a crime or an act of hazing.

�� (b) �Member� includes volunteers, coaches and faculty advisers of a student organization.

�� (c) �Student organization� means a fraternity, sorority, athletic team or other organization that is organized or operating on a college, university or elementary or secondary school campus for the purpose of providing members an opportunity to participate in student activities of the college, university or elementary or secondary school. [1983 c.202 �2; 1999 c.1051 �152; 2009 c.493 �1; 2017 c.21 �42]

�� 163.200 Criminal mistreatment in the second degree. (1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and:

�� (a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or

�� (b) Having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, the person withholds necessary and adequate food, physical care or medical attention from that person.

�� (2) Criminal mistreatment in the second degree is a Class A misdemeanor.

�� (3) As used in this section, �legal duty� includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law. [1973 c.627 �2; 1993 c.364 �1]

�� 163.205 Criminal mistreatment in the first degree. (1) A person commits the crime of criminal mistreatment in the first degree if:

�� (a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or

�� (b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:

�� (A) Causes physical injury or injuries to the dependent person or elderly person;

�� (B) Deserts the dependent person or elderly person in a place with the intent to abandon that person;

�� (C) Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person;

�� (D) Hides the dependent person�s or elderly person�s money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person�s responsibility;

�� (E) Takes charge of a dependent or elderly person for the purpose of fraud;

�� (F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises:

�� (i) Where a cannabinoid extract as defined in ORS 475C.009 is being processed; and

�� (ii) That have not been licensed under ORS 475C.085; or

�� (G) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises where a chemical reaction involving one or more precursor substances:

�� (i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

�� (ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885.

�� (2) As used in this section:

�� (a) �Controlled substance� has the meaning given that term in ORS 475.005.

�� (b) �Dependent person� means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person�s physical needs.

�� (c) �Elderly person� means a person 65 years of age or older.

�� (d) �Legal duty� includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.

�� (e) �Precursor substance� has the meaning given that term in ORS 475.940.

�� (3) Criminal mistreatment in the first degree is a Class C felony. [1973 c.627 �3; 1981 c.486 �1; 1993 c.364 �2; 2005 c.708 �1; 2017 c.21 �43]

�� 163.206 Exceptions to criminal mistreatment. ORS 163.200 and 163.205 do not apply:

�� (1) To a person acting pursuant to a court order, an advance directive or a form for appointing a health care representative pursuant to ORS 127.505 to 127.660 or a POLST, as defined in ORS 127.663;

�� (2) To a person withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration pursuant to ORS 127.505 to 127.660;

�� (3) When a competent person refuses food, physical care or medical care;

�� (4) To a person who provides an elderly person or a dependent person who is at least 18 years of age with spiritual treatment through prayer from a duly accredited practitioner of spiritual treatment as provided in ORS 124.095, in lieu of medical treatment, in accordance with the tenets and practices of a recognized church or religious denomination of which the elderly or dependent person is a member or an adherent; or

�� (5) To a duly accredited practitioner of spiritual treatment as provided in ORS 124.095. [1993 c.364 �3; 1995 c.79 �51; 1999 c.954 �5; 2009 c.595 �1190; 2011 c.291 �4; 2018 c.36 �28]

�� Note: 163.206 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.207 Female genital mutilation. (1) A person commits the crime of female genital mutilation if the person:

�� (a) Knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a child; or

�� (b) Is the parent, guardian or other person legally responsible for the care or custody of a child and knowingly allows the circumcision, excision or infibulation of the whole or any part of the child�s labia majora, labia minora or clitoris.

�� (2) Female genital mutilation is a Class B felony.

�� (3)(a) A person who circumcises, excises or infibulates the whole or any part of a child�s labia majora, labia minora or clitoris does not violate subsection (1) of this section if:

�� (A) The person is a physician, licensed to practice in this state; and

�� (B) The surgery is medically necessary for the physical well-being of the child.

�� (b) In determining medical necessity for purposes of paragraph (a)(B) of this subsection, a person may not consider the effect on the child of the child�s belief that the surgery is required as a matter of custom or ritual. [1999 c.737 �1]

�� Note: 163.207 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.208 Assaulting a public safety officer. (1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth correction officer, parole and probation officer, animal control officer, firefighter or staff member, and while the other person is acting in the course of official duty.

�� (2) Assaulting a public safety officer is a Class C felony.

�� (3)(a) Except as otherwise provided in paragraph (b) of this subsection, a person convicted under this section shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least seven days of the sentence of confinement.

�� (b) A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer.

�� (4) As used in this section:

�� (a) �Animal control officer� has the meaning given that term in ORS 609.500; and

�� (b) �Staff member� means:

�� (A) A corrections officer as defined in ORS 181A.355, a youth correction officer, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, adults in custody or adjudicated youths; and

�� (B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, adults in custody or adjudicated youths. [1981 c.783 �2; 1993 c.14 �21; 1993 c.358 �1; 1995 c.651 �4; 1999 c.1040 �14; 2001 c.104 �51; 2001 c.828 �1; 2003 c.327 �1; 2019 c.213 �120; 2021 c.489 �12]

�� 163.210 [Repealed by 1971 c.743 �432]

�� 163.211 Definitions for ORS 163.211 to 163.213. As used in ORS 163.211 to 163.213:

�� (1) �Corrections officer� and �parole and probation officer� have the meanings given those terms in ORS 181A.355.

�� (2) �Mace, tear gas, pepper mace or any similar deleterious agent� means a sternutator, lacrimator or any substance composed of a mixture of a sternutator or lacrimator including, but not limited to, chloroacetophenone, alpha-chloroacetophenone, phenylchloromethylketone, orthochlorobenzalmalononitrile, oleoresin capsicum or a chemically similar sternutator or lacrimator by whatever name known, or phosgene or other gas or substance capable of generating offensive, noxious or suffocating fumes, gases or vapor or capable of immobilizing a person.

�� (3) �Tear gas weapon� includes:

�� (a) Any shell, cartridge or bomb capable of being discharged or exploded, when the discharge or explosion will cause or permit the release or emission of tear gas or oleoresin capsicum.

�� (b) Any revolver, pistol, fountain pen gun, billy or other form of device, portable or fixed, intended for the projection or release of tear gas or oleoresin capsicum. [1995 c.651 �1]

�� Note: 163.211 to 163.213 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.212 Unlawful use of an electrical stun gun, tear gas or mace in the second degree. (1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the second degree if the person recklessly discharges an electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person.

�� (2) Unlawful use of an electrical stun gun, tear gas or mace in the second degree is a Class A misdemeanor. [1995 c.651 �2]

�� Note: See note under 163.211.

�� 163.213 Unlawful use of an electrical stun gun, tear gas or mace in the first degree. (1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the first degree if the person knowingly discharges or causes to be discharged any electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person, knowing the other person to be a peace officer, corrections officer, parole and probation officer, firefighter or emergency medical services provider and while the other person is acting in the course of official duty.

�� (2) Unlawful use of an electrical stun gun, tear gas or mace in the first degree is a Class C felony. [1995 c.651 �3; 2011 c.703 �50]

�� Note: See note under 163.211.

KIDNAPPING AND RELATED OFFENSES

�� 163.215 Definitions for ORS 163.215 to 163.257. As used in ORS 163.215 to 163.257, unless the context requires otherwise:

�� (1) �Without consent� means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.

�� (2) �Lawful custodian� means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.

�� (3) �Relative� means a parent, ancestor, brother, sister, uncle or aunt. [1971 c.743 �97]

�� 163.220 [Repealed by 1971 c.743 �432]

�� 163.225 Kidnapping in the second degree. (1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another�s personal liberty, and without consent or legal authority, the person:

�� (a) Takes the person from one place to another; or

�� (b) Secretly confines the person in a place where the person is not likely to be found.

�� (2) It is a defense to a prosecution under subsection (1) of this section if:

�� (a) The person taken or confined is under 16 years of age;

�� (b) The defendant is a relative of that person; and

�� (c) The sole purpose of the person is to assume control of that person.

�� (3) Kidnapping in the second degree is a Class B felony. [1971 c.743 �98; 2005 c.22 �111]

�� 163.230 [Repealed by 1971 c.743 �432]

�� 163.235 Kidnapping in the first degree. (1) A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes:

�� (a) To compel any person to pay or deliver money or property as ransom;

�� (b) To hold the victim as a shield or hostage;

�� (c) To cause physical injury to the victim;

�� (d) To terrorize the victim or another person; or

�� (e) To further the commission or attempted commission of any of the following crimes against the victim:

�� (A) Rape in the first degree, as defined in ORS 163.375 (1)(b);

�� (B) Sodomy in the first degree, as defined in ORS 163.405 (1)(b); or

�� (C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (1)(b).

�� (2) Kidnapping in the first degree is a Class A felony. [1971 c.743 �99; 2005 c.22 �112; 2009 c.660 �43]

�� 163.240 [Repealed by 1971 c.743 �432]

�� 163.245 Custodial interference in the second degree. (1) A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person�s lawful custodian or in violation of a valid joint custody order with intent to hold the other person permanently or for a protracted period.

�� (2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are �economic damages� for purposes of restitution under ORS 137.103 to 137.109.

�� (3) Custodial interference in the second degree is a Class C felony. [1971 c.743 �100; 1981 c.774 �1; 1987 c.795 �7; 2005 c.564 �6]

�� 163.250 [Repealed by 1971 c.743 �432]

�� 163.255 [1955 c.530 �1; repealed by 1971 c.743 �432]

�� 163.257 Custodial interference in the first degree. (1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 and:

�� (a) Causes the person taken, enticed or kept from the lawful custodian or in violation of a valid joint custody order to be removed from the state; or

�� (b) Exposes that person to a substantial risk of illness or physical injury.

�� (3) Custodial interference in the first degree is a Class B felony. [1971 c.743 �101; 1981 c.774 �2; 1987 c.795 �8; 2005 c.564 �7]

�� 163.260 [Amended by 1955 c.366 �1; repealed by 1971 c.743 �432]

�� 163.261 Definitions for ORS 163.261, 163.263 and 163.264. As used in this section and ORS

ORS 165.475

165.475]

�� 757.607 Direct access conditions; cost recovery. The Public Utility Commission shall ensure that direct access programs offered by electric companies meet the following conditions:

�� (1) The provision of direct access to some retail electricity consumers must not cause the unwarranted shifting of costs to other retail electricity consumers of the electric company. The commission may, in establishing any rates and charges under ORS 757.600 to 757.667, consider and mitigate the rate impact on consumers from the reduction or elimination of subsidies in existing rate structures.

�� (2) The direct access, portfolio of rate options and cost-of-service rates may include transition charges or transition credits that reasonably balance the interests of retail electricity consumers and utility investors. The commission may determine that full or partial recovery of the costs of uneconomic utility investments, or full or partial pass-through of the benefits of economic utility investments to retail electricity consumers, is in the public interest.

�� (3) The commission shall allow recovery, through a transition charge, of any otherwise unrecoverable costs arising from or related to an electric company�s contractual or other legal obligations to the Bonneville Power Administration under ORS 757.663, or arising from or related to a failure of the Bonneville Power Administration to meet its contractual or other legal obligations to the electric company, from those classes of consumers for which electric power was purchased from the Bonneville Power Administration.

�� (4) Notwithstanding ORS 757.355, the commission may allow a return on the unamortized balance of an uneconomic utility investment or an economic utility investment that is included in rates. [1999 c.865 �8]

�� 757.609 Date for announcing prices for electricity in subsequent calendar year; estimated prices. (1) The Public Utility Commission shall set a date on which all electric companies must announce prices that will be charged for electricity by the companies in the subsequent calendar year. Retail electricity consumers who are eligible for direct access must be allowed at least three business days after the date set by the commission to elect whether to use direct access or to purchase electricity from an electric company.

�� (2) All electricity service suppliers and electric companies must announce estimated prices that will be charged for electricity by the suppliers and companies in the subsequent calendar year or contract period at least five days before the date set by the commission under subsection (1) of this section. [2003 c.478 �2]

�� Note: 757.609 was added to and made a part of 757.600 to 757.687 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 757.610 [1961 c.691 �18; renumbered

ORS 165.480

165.480]

�� 757.612 Requirements for public purpose expenditures; rules. (1)(a) There is established an annual public purpose expenditure standard for electric companies and Oregon Community Power to fund:

�� (A) The above-market costs of new renewable energy resources and customer investments in distribution system-connected technologies that support reliability, resilience and the integration of renewable energy resources with the distribution systems of electric companies and Oregon Community Power;

�� (B) New low-income weatherization;

�� (C) New energy-related investments in schools; and

�� (D) Low-income housing.

�� (b) The public purpose expenditure standard shall be funded by the public purpose charge described in subsection (2) of this section.

�� (2)(a) Until January 1, 2036, an electric company or Oregon Community Power shall collect a nonbypassable public purpose charge equal to 1.5 percent of the revenues described in paragraph (b) of this subsection, apportioned as further set forth in subsection (3)(b) of this section. The electric company or Oregon Community Power shall collect the public purpose charge from all of the retail electricity consumers located within the electric company�s or Oregon Community Power�s service territory, including retail electricity consumers served by electricity service suppliers.

�� (b) The percentages described in paragraph (a) of this subsection and subsection (3)(b) of this section shall be calculated as percentages of the total revenues collected by the electric company, Oregon Community Power or the electricity service supplier from retail electricity consumers for electricity services, distribution services, ancillary services, metering and billing, transition charges and other types of costs included in electric rates on July 23, 1999.

�� (3)(a) The Public Utility Commission shall establish rules implementing the provisions of this section relating to electric companies and Oregon Community Power.

�� (b) The public purpose charge described in subsection (2)(a) of this section shall be the sum total of the following percentages of revenues described in subsection (2)(b) of this section, allocated for the following purposes:

�� (A) 0.3 percent of revenues for school districts that are located in the service territory of the electric company or Oregon Community Power, as further directed under paragraph (e) of this subsection.

�� (B) As further directed under paragraph (f) of this subsection, 0.51 percent of revenues for:

�� (i) The above-market costs of constructing and operating new renewable energy resources with a nominal electric generating capacity, as defined in ORS 469.300, of 20 megawatts or less; or

�� (ii) Customer investments in distribution system-connected technologies that support reliability, resilience and the integration of renewable energy resources with the distribution system of the electric company or Oregon Community Power.

�� (C) 0.55 percent of revenues for new low-income weatherization, as further directed under paragraph (g) of this subsection.

�� (D) 0.14 percent of revenues for deposit in the Housing and Community Services Department Electricity Public Purpose Charge Fund established by ORS 456.587 (1) for the purpose of providing grants as described in ORS 458.625 (2).

�� (c) The costs of administering subsections (1) to (5) of this section for an electric company or Oregon Community Power shall be paid out of the funds collected through public purpose charges. The commission may require an electric company or Oregon Community Power to direct funds collected through public purpose charges to state agencies responsible for implementing subsections (1) to (5) of this section in order to pay the costs of administering subsections (1) to (5) of this section.

�� (d) The commission shall direct the manner in which public purpose charges are collected and spent by an electric company or Oregon Community Power and may require an electric company or Oregon Community Power to expend funds through competitive bids or other means designed to encourage competition, except that funds dedicated for new low-income weatherization shall be directed to the Housing and Community Services Department for purposes related to new low-income weatherization, as further directed in paragraph (g) of this subsection. The commission may also require funds collected through public purpose charges to be paid to a nongovernmental entity for investment in public purposes described in subsection (1) of this section.

�� (e)(A) Funds allocated under subsection (3)(b)(A) of this section shall be distributed to individual school districts according to the weighted average daily membership (ADMw) of each school district for the prior fiscal year as calculated under ORS 327.013. The commission shall establish by rule a methodology for distributing a proportionate share of funds under this paragraph to school districts that are only partially located in the service territory of the electric company or Oregon Community Power.

�� (B) A school district that receives funds under this paragraph shall use the funds first to pay for energy audits for schools located within the school district or for a fleet audit for the school district. To the extent practicable, a school district shall coordinate with the State Department of Energy and incorporate federal funding in complying with this paragraph. Following completion of an audit, the school district may expend funds received under this paragraph to implement the audit.

�� (C) Once an energy audit has been conducted and completely implemented for each school within the school district, the school district may expend funds received under this paragraph for any of the following purposes:

�� (i) Conducting additional energy audits. A school district shall conduct an energy audit prior to expending funds on any other purpose authorized under this paragraph unless the school district has performed an energy audit within the three years immediately prior to receiving the funds.

�� (ii) Weatherizing school district facilities and upgrading the energy efficiency of school district facilities.

�� (iii) Energy conservation education programs.

�� (iv) Purchasing electricity from environmentally focused sources.

�� (v) Investing in renewable energy resources.

�� (D) Once a fleet audit has been conducted for the school district, the school district may expend funds received under this paragraph for any of the following purposes:

�� (i) Purchasing or leasing zero-emission vehicles, as defined in ORS 283.398, including buses.

�� (ii) Purchasing or installing electric vehicle charging stations to provide electricity to zero-emission vehicles.

�� (f) Of the funds allocated under subsection (3)(b)(B) of this section, 25 percent must be used for activities, resources and technologies that serve low and moderate income customers, including for technologies that do not have above-market costs.

�� (g)(A) Funds collected by an electric company or Oregon Community Power, allocated for new low-income weatherization under subsection (3)(b)(C) of this section and directed to the Housing and Community Services Department shall be spent within the service territory of the electric company or Oregon Community Power from which the funds are collected.

�� (B) As further determined by the Housing and Community Services Department, a portion of the funds described in this paragraph may be used for manufactured housing replacements as a means to deliver energy efficiency, pursuant to a program dedicated to manufactured housing replacement.

�� (C) For purposes of this paragraph and as further determined by the Housing and Community Services Department, purposes related to new low-income weatherization includes providing funding for participants in programs by low-income weatherization service providers to change energy sources from bulk fuels to electricity service.

�� (h) The commission may not establish a different public purpose charge than the public purpose charge described in subsection (2) of this section.

�� (4)(a) A retail electricity consumer that uses more than one average megawatt of electricity at any site in the prior year shall receive a credit against public purpose charges billed by an electric company or Oregon Community Power for that site. The amount of the credit shall be equal to the total amount of qualifying expenditures for the above-market costs of new renewable energy resources and investments in distribution system-connected technologies incurred by the retail electricity consumer, not to exceed 25.5 percent of the annual public purpose charges, less administration costs incurred under this paragraph and paragraphs (b) and (c) of this subsection. The credit may not exceed, on an annual basis, the lesser of:

�� (A) The amount of the retail electricity consumer�s qualifying expenditures; or

�� (B) The portion of the public purpose charge billed to the retail electricity consumer that is dedicated to the above-market costs of new renewable energy resources and investments in distribution system-connected technologies.

�� (b) To obtain a credit under paragraph (a) of this subsection, a retail electricity consumer shall file with the State Department of Energy a description of the proposed new renewable energy resource or investment in distribution system-connected technology and a declaration that the retail electricity consumer plans to incur the qualifying expenditure. The State Department of Energy shall issue a notice of precertification within 30 days of receipt of the filing, if such filing is consistent with paragraph (a) of this subsection. The credit may be taken after a retail electricity consumer provides a letter from a certified public accountant to the State Department of Energy verifying that the precertified qualifying expenditure has been made.

�� (c) Credits earned by a retail electricity consumer as a result of qualifying expenditures that are not used in one year may be carried forward for use in subsequent years.

�� (5) Electric utilities and retail electricity consumers shall receive a fair and reasonable credit for the public purpose expenditures of their energy suppliers. The State Department of Energy shall adopt rules to determine eligible expenditures and the method by which such credits are accounted for and used. The State Department of Energy also shall adopt methods to account for eligible public purpose expenditures made through consortia or collaborative projects.

�� (6) For purposes of this section, �retail electricity consumers� includes any direct service industrial consumer that purchases electricity without purchasing distribution services from the electric utility.

�� (7) For purposes of this section, funds collected by Oregon Community Power through public purpose charges are not considered moneys received from electric utility operations. [1999 c.865 �3; 2001 c.134 �9; 2001 c.819 �3; 2005 c.22 �506; 2007 c.217 �9; 2007 c.301 �27; 2007 c.807 �43a; 2007 c.837 �2a; 2009 c.813 �1; 2011 c.467 �10; 2011 c.566 �2; 2015 c.180 �50; 2017 c.200 �1; 2019 c.565 �7; 2021 c.536 �5; 2021 c.547 �1]

�� 757.613 Whole building assessment; investment in energy efficiency. (1) If an electric company invests moneys collected under ORS 757.054 on new cost-effective local energy conservation, or if the nongovernmental entity described in ORS 757.746 invests moneys paid to the nongovernmental entity under ORS 757.054 on new cost-effective local energy conservation, and if the investment involves updating the energy efficiency of a residential or nonresidential building, the electric company, Oregon Community Power or the nongovernmental entity may make those investments by conducting a whole building assessment of the energy efficiency of the building and, in consideration of the whole building assessment, by maximizing the overall energy efficiency of the building. For purposes of this subsection, a �whole building assessment� means a single assessment of savings opportunities, as identified by the Public Utility Commission by rule or order.

�� (2) An investment described in subsection (1) of this section must be limited to an investment in a single project, as authorized by the commission by rule or order. [2013 c.383 �1; 2021 c.547 �5]

�� Note: 757.613 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 757.615 [1961 c.691 ��3,11; part renumbered 757.652; 1971 c.655 �98; renumbered 758.410]

�� 757.616 [Formerly 758.060; renumbered

ORS 165.490

165.490]

�� 757.622 Commission to establish terms and conditions for default electricity service to nonresidential consumers. The Public Utility Commission shall establish the terms and conditions for providing default electricity service for nonresidential electricity consumers in an emergency. The commission also shall establish reasonable terms and conditions for providing default service to a nonresidential electricity consumer in circumstances when the consumer is receiving electricity services through direct access and elects instead to receive such services through the default service. The terms and conditions for default service established by the commission shall provide for viable competition among electricity service suppliers. [1999 c.865 �4a]

�� 757.625 [1961 c.691 �5; renumbered

ORS 165.495

165.495]

�� 757.627 Retail electricity consumers eligible for direct access may aggregate electricity loads. (1) An electric company shall permit retail electricity consumers that are eligible for direct access to voluntarily aggregate their electricity loads.

�� (2) A retail electricity consumer that is eligible for direct access may voluntarily aggregate its electricity load with the electricity load of any other retail electricity consumer that is eligible for direct access. [1999 c.865 �9]

�� 757.629 Reciprocal sales to nonresidential electricity consumers. An electric utility that sells electricity, either directly or through a related party, to a nonresidential electricity consumer of another electric utility in this state shall permit any other electricity service supplier to sell electricity to nonresidential electricity consumers of the electric utility. [1999 c.865 �11]

�� 757.630 [1961 c.691 �6; renumbered

ORS 165.840

165.840]

�� 757.632 Electricity service supplier�s access to electric company�s distribution facilities. Every electricity service supplier is authorized to use the distribution facilities of an electric company on a nondiscriminatory basis after the retail electricity consumers of the electricity service supplier are afforded direct access pursuant to ORS 757.601. [1999 c.865 �7]

�� 757.635 [1961 c.691 �7; renumbered

ORS 165.845

165.845]

�� 757.637 Comparable access to transmission and distribution facilities. To the extent permissible under federal law, the Public Utility Commission shall ensure that an electric company that offers direct access:

�� (1) Provides electricity service suppliers and retail electricity consumers access to its transmission facilities and distribution system comparable to that provided for its own use; and

�� (2) Provides electricity service suppliers and retail electricity consumers timely access to information about its transmission facilities and distribution system, metering and loads comparable to that provided to its own nondistribution divisions, affiliates and related parties. [1999 c.865 �10]

�� 757.640 [1961 c.691 �8; renumbered

ORS 165.850

165.850]

�� 757.642 Unbundling electricity assets; records. (1) Not later than March 1, 2002, an electric company shall unbundle the costs of electricity services into power generation, transmission, distribution and retail services.

�� (2) Every electric company shall maintain separate accounting records for each component of electricity service provided by the electric company to retail electricity consumers. Accounts shall be maintained according to regulations issued by the Federal Energy Regulatory Commission.

�� (3) Unless required to provide a different accounting under federal requirements, each electric company shall, to a reasonable level of detail, separately identify and account for its costs of:

�� (a) Generation;

�� (b) Transmission services;

�� (c) Distribution services;

�� (d) Ancillary services;

�� (e) Consumer service charges levied on retail electricity consumers, including but not limited to metering and billing;

�� (f) Investment in public purposes; and

�� (g) State and local taxes paid by retail electricity consumers.

�� (4) An electric company shall separately identify and account for the costs of any additional components as the Public Utility Commission may require. [1999 c.865 �5; 2001 c.819 �4]

�� 757.645 [1961 c.691 �9; renumbered

ORS 166.543

166.543 with the intent to harass the respondent, or knowing that the information in the petition is false, is guilty of a Class A misdemeanor. [2017 c.737 �8]

�� 166.560 [1965 c.118 �1; repealed by 1971 c.743 �432]

�� 166.610 [Repealed by 1971 c.743 �432]

�� 166.620 [Repealed by 1963 c.94 �2]

DISCHARGING WEAPONS

�� 166.630 Discharging weapon on or across highway, ocean shore recreation area or public utility facility. (1) Except as provided in ORS 166.220, any person is guilty of a violation who discharges or attempts to discharge any blowgun, bow and arrow, crossbow, air rifle or firearm:

�� (a) Upon or across any highway, railroad right of way or other public road in this state, or upon or across the ocean shore within the state recreation area as defined in ORS 390.605.

�� (b) At any public or railroad sign or signal or an electric power, communication, petroleum or natural gas transmission or distribution facility of a public utility, telecommunications utility or railroad within range of the weapon.

�� (2) Any blowgun, bow and arrow, crossbow, air rifle or firearm in the possession of the person that was used in committing a violation of this section may be confiscated and forfeited to the State of Oregon. This section does not prevent:

�� (a) The discharge of firearms by peace officers in the performance of their duty or by military personnel within the confines of a military reservation.

�� (b) The discharge of firearms by an employee of the United States Department of Agriculture acting within the scope of employment in the course of the lawful taking of wildlife.

�� (3) The hunting license revocation provided in ORS 497.415 is in addition to and not in lieu of the penalty and forfeiture provided in subsections (1) and (2) of this section.

�� (4) As used in this section:

�� (a) �Public sign� includes all signs, signals and markings placed or erected by authority of a public body.

�� (b) �Public utility� has the meaning given that term in ORS 164.365 (2).

�� (c) �Railroad� has the meaning given that term in ORS 824.020. [Amended by 1963 c.94 �1; 1969 c.501 �2; 1969 c.511 �4; 1973 c.196 �1; 1973 c.723 �118; 1981 c.900 �1; 1987 c.447 �113; 1991 c.797 �2; 2009 c.556 �7]

�� 166.635 Discharging weapon or throwing objects at trains. (1) A person shall not knowingly throw an object at, drop an object on, or discharge a bow and arrow, air rifle, rifle, gun, revolver or other firearm at a railroad train, a person on a railroad train or a commodity being transported on a railroad train. This subsection does not prevent a peace officer or a railroad employee from performing the duty of a peace officer or railroad employee.

�� (2) Violation of subsection (1) of this section is a misdemeanor. [1973 c.139 �4]

�� 166.638 Discharging weapon across airport operational surfaces. (1) Any person who knowingly or recklessly discharges any bow and arrow, gun, air gun or other firearm upon or across any airport operational surface commits a Class A misdemeanor. Any bow and arrow, gun, air gun or other firearm in the possession of the person that was used in committing a violation of this subsection may be confiscated and forfeited to the State of Oregon, and the clear proceeds shall be deposited with the State Treasury in the Common School Fund.

�� (2) As used in subsection (1) of this section, �airport operational surface� means any surface of land or water developed, posted or marked so as to give an observer reasonable notice that the surface is developed for the purpose of storing, parking, taxiing or operating aircraft, or any surface of land or water when actually being used for such purpose.

�� (3) Subsection (1) of this section does not prohibit the discharge of firearms by peace officers in the performance of their duty or by military personnel within the confines of a military reservation, or otherwise lawful hunting, wildlife control or other discharging of firearms done with the consent of the proprietor, manager or custodian of the airport operational surface.

�� (4) The hunting license revocation provided in ORS 497.415 is in addition to and not in lieu of the penalty provided in subsection (1) of this section. [1981 c.901 �2; 1987 c.858 �2]

�� 166.640 [Repealed by 1971 c.743 �432]

POSSESSION OF BODY ARMOR

�� 166.641 Definitions for ORS 166.641 to 166.643. As used in this section and ORS 166.642 and 166.643:

�� (1) �Body armor� means any clothing or equipment designed in whole or in part to minimize the risk of injury from a deadly weapon.

�� (2) �Deadly weapon� has the meaning given that term in ORS 161.015.

�� (3) �Misdemeanor involving violence� has the meaning given that term in ORS 166.470. [2001 c.635 �1]

�� 166.642 Felon in possession of body armor. (1) A person commits the crime of felon in possession of body armor if the person:

�� (a) Has been convicted of a felony or misdemeanor involving violence under the law of any state or the United States; and

�� (b) Knowingly is in possession or control of body armor.

�� (2) Felon in possession of body armor is a Class C felony.

�� (3) For purposes of subsection (1) of this section, a person who has been found to be within the jurisdiction of a juvenile court for having committed an act that would constitute a felony or misdemeanor involving violence has been convicted of a felony or misdemeanor involving violence.

�� (4) Subsection (1) of this section does not apply to:

�� (a) A person who is wearing body armor provided by a peace officer for the person�s safety or protection while the person is being transported or accompanied by a peace officer; or

�� (b) A person who has been convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the law of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, and who has been discharged from imprisonment, parole or probation for the offense for a period of 15 years prior to the date of the alleged violation of subsection (1) of this section.

�� (5) It is an affirmative defense to a charge of violating subsection (1) of this section that a protective order or restraining order has been entered to the benefit of the person. The affirmative defense created by this subsection is not available if the person possesses the body armor while committing or attempting to commit a crime. [2001 c.635 �2]

�� 166.643 Unlawful possession of body armor. (1) A person commits the crime of unlawful possession of body armor if the person, while committing or attempting to commit a felony or misdemeanor involving violence, knowingly:

�� (a) Wears body armor; and

�� (b) Possesses a deadly weapon.

�� (2) Unlawful possession of body armor is a Class B felony. [2001 c.635 �3]

MISCELLANEOUS

�� 166.645 Hunting in cemeteries prohibited. (1) Hunting in cemeteries is prohibited.

�� (2) As used in subsection (1) of this section �hunting� has the meaning for that term provided in ORS 496.004.

�� (3) Violation of subsection (1) of this section is a misdemeanor. [1973 c.468 �2; 1987 c.158 �30]

�� 166.649 Throwing an object off an overpass in the second degree. (1) A person commits the crime of throwing an object off an overpass in the second degree if the person:

�� (a) With criminal negligence throws an object off an overpass; and

�� (b) Knows, or reasonably should have known, that the object was of a type or size to cause damage to any person or vehicle that the object might hit.

�� (2) Throwing an object off an overpass in the second degree is a Class A misdemeanor.

�� (3) As used in this section and ORS 166.651, �overpass� means a structure carrying a roadway or pedestrian pathway over a roadway. [1993 c.731 �1]

�� 166.650 [Repealed by 1971 c.743 �432]

�� 166.651 Throwing an object off an overpass in the first degree. (1) A person commits the crime of throwing an object off an overpass in the first degree if the person:

�� (a) Recklessly throws an object off an overpass; and

�� (b) Knows, or reasonably should have known, that the object was of a type or size to cause damage to any person or vehicle that the object might hit.

�� (2) Throwing an object off an overpass in the first degree is a Class C felony. [1993 c.731 �2]

�� 166.660 Unlawful paramilitary activity. (1) A person commits the crime of unlawful paramilitary activity if the person:

�� (a) Exhibits, displays or demonstrates to another person the use, application or making of any firearm, explosive or incendiary device or any technique capable of causing injury or death to persons and intends or knows that such firearm, explosive or incendiary device or technique will be unlawfully employed for use in a civil disorder; or

�� (b) Assembles with one or more other persons for the purpose of training with, practicing with or being instructed in the use of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons with the intent to unlawfully employ such firearm, explosive or incendiary device or technique in a civil disorder.

�� (2)(a) Nothing in this section makes unlawful any act of any law enforcement officer performed in the otherwise lawful performance of the officer�s official duties.

�� (b) Nothing in this section makes unlawful any activity of the State Department of Fish and Wildlife, or any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity, or any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms, or any other lawful sports or activities related to the individual recreational use or possession of firearms, including but not limited to hunting activities, target shooting, self-defense, firearms collection or any organized activity including, but not limited to any hunting club, rifle club, rifle range or shooting range which does not include a conspiracy as defined in ORS 161.450 or the knowledge of or the intent to cause or further a civil disorder.

�� (3) Unlawful paramilitary activity is a Class C felony.

�� (4) As used in this section:

�� (a) �Civil disorder� means acts of physical violence by assemblages of three or more persons which cause damage or injury, or immediate danger thereof, to the person or property of any other individual.

�� (b) �Firearm� has the meaning given that term in ORS 166.210.

�� (c) �Explosive� means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.111, black powder, smokeless powder, small arms ammunition and small arms ammunition primers.

�� (d) �Law enforcement officer� means any duly constituted police officer of the United States, any state, any political subdivision of a state or the District of Columbia, and also includes members of the military reserve forces or National Guard as defined in 10 U.S.C. 101 (9), members of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico or the District of Columbia not included within the definition of National Guard as defined by 10 U.S.C. 101 (9), members of the Armed Forces of the United States and such persons as are defined in ORS 161.015 (4) when in the performance of official duties. [1983 c.792 �2; 1987 c.858 �3; 2001 c.666 ��26,38; 2005 c.830 �27; 2009 c.610 �7; 2013 c.24 �12]

�� 166.663 Casting artificial light from vehicle while possessing certain weapons prohibited. (1) A person may not cast from a motor vehicle an artificial light while there is in the possession or in the immediate physical presence of the person a bow and arrow or a firearm.

�� (2) Subsection (1) of this section does not apply to a person casting an artificial light:

�� (a) From the headlights of a motor vehicle that is being operated on a road in the usual manner.

�� (b) When the bow and arrow or firearm that the person has in the possession or immediate physical presence of the person is disassembled or stored, or in the trunk or storage compartment of the motor vehicle.

�� (c) When the ammunition or arrows are stored separate from the weapon.

�� (d) On land owned or lawfully occupied by that person.

�� (e) On publicly owned land when that person has an agreement with the public body to use that property.

�� (f) When the person is a peace officer, or is a government employee engaged in the performance of official duties.

�� (g) When the person has been issued a license under ORS 166.291 and 166.292 to carry a concealed handgun.

�� (h) When the person is an honorably retired law enforcement officer, unless the person has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292.

�� (3) A peace officer may issue a citation to a person for a violation of subsection (1) of this section when the violation is committed in the presence of the peace officer or when the peace officer has probable cause to believe that a violation has occurred based on a description of the vehicle or other information received from a peace officer who observed the violation.

�� (4) Violation of subsection (1) of this section is punishable as a Class B violation.

�� (5) As used in this section, �peace officer� has the meaning given that term in ORS 161.015. [1989 c.848 �2; 1999 c.1051 �159; 2005 c.22 �116; 2009 c.610 �3; 2015 c.709 �5]

�� 166.710 [1957 c.601 �1; repealed by 1971 c.743 �432]

RACKETEERING

�� 166.715 Definitions for ORS 166.715 to 166.735. As used in ORS 166.715 to 166.735, unless the context requires otherwise:

�� (1) �Documentary material� means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

�� (2) �Enterprise� includes any individual, sole proprietorship, partnership, corporation, business trust or other profit or nonprofit legal entity, and includes any union, association or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.

�� (3) �Investigative agency� means the Department of Justice or any district attorney.

�� (4) �Pattern of racketeering activity� means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided at least one of such incidents occurred after November 1, 1981, and that the last of such incidents occurred within five years after a prior incident of racketeering activity. Notwithstanding ORS 131.505 to 131.525 or 419A.190 or any other provision of law providing that a previous prosecution is a bar to a subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used to establish a pattern of racketeering activity without regard to whether the conduct previously has been the subject of a criminal prosecution or conviction or a juvenile court adjudication, unless the prosecution resulted in an acquittal or the adjudication resulted in entry of an order finding the youth not to be within the jurisdiction of the juvenile court.

�� (5) �Person� means any individual or entity capable of holding a legal or beneficial interest in real or personal property.

�� (6) �Racketeering activity� includes conduct of a person committed both before and after the person attains the age of 18 years, and means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce or intimidate another person to commit:

�� (a) Any conduct that constitutes a crime, as defined in ORS 161.515, under any of the following provisions of the Oregon Revised Statutes:

�� (A) ORS 59.005 to

ORS 167.118

167.118, 464.250 to 464.380 and 464.420 to 464.530 to operate such games.

�� (e) Savings promotion raffles, as defined in ORS 708A.660.

�� (8) �Gambling device� means any device, machine, paraphernalia or equipment that is used or usable in the playing phases of unlawful gambling, whether it consists of gambling between persons or gambling by a person involving the playing of a machine. Lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices within this definition. Amusement devices other than gray machines, that do not return to the operator or player thereof anything but free additional games or plays, shall not be considered to be gambling devices.

�� (9)(a) �Gray machine� means any electrical or electromechanical device, whether or not it is in working order or some act of manipulation, repair, adjustment or modification is required to render it operational, that:

�� (A) Awards credits or contains or is readily adaptable to contain, a circuit, meter or switch capable of removing or recording the removal of credits earned by a player, other than removal during the course of continuous play; or

�� (B) Plays, emulates or simulates a casino game, bingo or keno.

�� (b) A device is no less a gray machine because, apart from its use or adaptability as such, it may also sell or deliver something of value on the basis other than chance.

�� (c) �Gray machine� does not include:

�� (A) Any device commonly known as a personal computer, including any device designed and marketed solely for home entertainment, when used privately and not for a fee and not used to facilitate any form of gambling;

�� (B) Any device operated under the authority of the Oregon State Lottery;

�� (C) Any device manufactured or serviced but not operated in Oregon by a manufacturer who has been approved under rules adopted by the Oregon State Lottery Commission;

�� (D) A slot machine;

�� (E) Any device authorized by the Oregon State Lottery Commission for:

�� (i) Display and demonstration purposes only at trade shows; or

�� (ii) Training and testing purposes by the Department of State Police; or

�� (F) Any device used to operate bingo in compliance with ORS 167.118 by a charitable, fraternal or religious organization licensed to operate bingo pursuant to ORS 167.118,

ORS 169.005

169.005, detention facilities as defined in ORS 419A.004, youth correction facilities as defined in ORS 420.005 and Department of Corrections institutions as defined in ORS 421.005. [1999 c.920 �3; 2015 c.629 �32]

�� Note: See note under 164.160.

MONEY LAUNDERING

�� 164.170 Laundering a monetary instrument. (1) A person commits the crime of laundering a monetary instrument if the person:

�� (a) Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity:

�� (A) With the intent to promote the carrying on of unlawful activity; or

�� (B) Knowing that the transaction is designed in whole or in part to:

�� (i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

�� (ii) Avoid a transaction reporting requirement under federal law;

�� (b) Transports, transmits or transfers or attempts to transport, transmit or transfer a monetary instrument or funds:

�� (A) With the intent to promote the carrying on of unlawful activity; or

�� (B) Knowing that the monetary instrument or funds involved in the transportation, transmission or transfer represent the proceeds of some form, though not necessarily which form, of unlawful activity and knowing that the transportation, transmission or transfer is designed, in whole or in part, to:

�� (i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; or

�� (ii) Avoid a transaction reporting requirement under federal law; or

�� (c) Intentionally conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of unlawful activity or property used to conduct or facilitate unlawful activity to:

�� (A) Promote the carrying on of unlawful activity;

�� (B) Conceal or disguise the nature, location, source, ownership or control of property believed to be the proceeds of unlawful activity; or

�� (C) Avoid a transaction reporting requirement under federal law.

�� (2)(a) Laundering a monetary instrument is a Class B felony.

�� (b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property, funds or monetary instruments involved in the unlawful transaction.

�� (3) For purposes of subsection (1)(b)(B) of this section, the state may establish the defendant�s knowledge through evidence that a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer represented the matter specified in subsection (1)(b)(B) of this section as true and the defendant�s subsequent statements or actions indicate that the defendant believed the representations to be true.

�� (4) For purposes of subsection (1)(c) of this section, �represented� includes, but is not limited to, any representation made by a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer.

�� (5) As used in this section:

�� (a) �Conducts� includes initiating, concluding or participating in the initiation or conclusion of a transaction.

�� (b) �Federal officer� has the meaning given that term in ORS 133.005.

�� (c) �Financial institution� has the meaning given that term in ORS 706.008.

�� (d) �Financial transaction� means a transaction involving:

�� (A) The movement of funds by wire or other means;

�� (B) One or more monetary instruments;

�� (C) The transfer of title to any real property, vehicle, vessel or aircraft; or

�� (D) The use of a financial institution.

�� (e) �Monetary instrument� means:

�� (A) Coin or currency of the United States or of any other country, traveler�s checks, personal checks, bank checks, cashier�s checks, money orders, foreign bank drafts of any foreign country or gold, silver or platinum bullion or coins; or

�� (B) Investment securities or negotiable instruments, in bearer form or otherwise in such form that title passes upon delivery.

�� (f) �Peace officer� has the meaning given that term in ORS 133.005.

�� (g) �Transaction� includes a purchase, sale, loan, pledge, gift, transfer, delivery or other disposition and, with respect to a financial institution, includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit or other monetary instrument, use of a safe deposit box or any other payment, transfer or delivery by, through or to a financial institution by whatever means.

�� (h) �Unlawful activity� means any act constituting a felony under state, federal or foreign law. [1999 c.878 �1]

�� Note: 164.170, 164.172 and 164.174 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.172 Engaging in a financial transaction in property derived from unlawful activity. (1) A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or attempts to engage in a financial transaction in property that:

�� (a) Constitutes, or is derived from, the proceeds of unlawful activity;

�� (b) Is of a value greater than $10,000; and

�� (c) The person knows is derived from or represents the proceeds of some form, though not necessarily which form, of unlawful activity.

�� (2)(a) Engaging in a financial transaction in property derived from unlawful activity is a Class C felony.

�� (3) As used in this section:

�� (a) �Financial transaction� has the meaning given that term in ORS 164.170. �Financial transaction� does not include any transaction necessary to preserve a person�s right to representation as guaranteed by section 11, Article I of the Oregon Constitution, and the Sixth Amendment to the United States Constitution.

�� (b) �Unlawful activity� has the meaning given that term in ORS 164.170. [1999 c.878 �2]

�� Note: See note under 164.170.

�� 164.174 Exceptions. Nothing in ORS 164.170 or 164.172 or the amendments to ORS 166.715 by section 4, chapter 878, Oregon Laws 1999, is intended to allow the prosecution of a corporation, business, partnership, limited liability company, limited liability partnership or any similar entity, or an employee or agent of such an entity, that makes a good faith effort to comply with federal and state laws governing the entity. [1999 c.878 �3]

�� Note: See note under 164.170.

BURGLARY AND CRIMINAL TRESPASS

�� 164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:

�� (1) �Building,� in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

�� (2) �Dwelling� means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.

�� (3) �Enter or remain unlawfully� means:

�� (a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant is not otherwise licensed or privileged to do so;

�� (b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

�� (c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or

�� (d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.

�� (4) �Open to the public� means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

�� (5) �Person in charge� means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. �Person in charge� includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

�� (6) �Premises� includes any building and any real property, whether privately or publicly owned. [1971 c.743 �135; 1983 c.740 �33; 1999 c.1040 �10; 2003 c.444 �1; 2015 c.10 �1]

�� 164.210 [Repealed by 1971 c.743 �432]

�� 164.215 Burglary in the second degree. (1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.

�� (2) Burglary in the second degree is a Class C felony. [1971 c.743 �136; 1993 c.680 �24]

�� 164.220 [Repealed by 1971 c.743 �432]

�� 164.225 Burglary in the first degree. (1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:

�� (a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;

�� (b) Causes or attempts to cause physical injury to any person; or

�� (c) Uses or threatens to use a dangerous weapon.

�� (2) Burglary in the first degree is a Class A felony. [1971 c.743 �137; 2003 c.577 �10]

�� 164.230 [Repealed by 1971 c.743 �432]

�� 164.235 Possession of a burglary tool or theft device. (1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

�� (a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

�� (b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

�� (2) For purposes of this section, �burglary tool or theft device� means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, a signal jammer that can interfere with the function of an alarm system or signals or communications to and from an alarm system or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

�� (3) Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 �138; 1999 c.1040 �13; 2003 c.577 �9; 2025 c.139 �1]

�� 164.240 [Amended by 1959 c.99 �1; repealed by 1971 c.743 �432]

�� 164.243 Criminal trespass in the second degree by a guest. A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest�s reservation without the approval of the hotelkeeper. �Guest� means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person. [1979 c.856 �2]

�� 164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

�� (2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 �139; 1999 c.1040 �9]

�� 164.250 [Repealed by 1971 c.743 �432]

�� 164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person:

�� (a) Enters or remains unlawfully in a dwelling;

�� (b) Having been denied future entry to a building pursuant to a merchant�s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

�� (c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

�� (d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

�� (2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

�� (a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

�� (b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

�� (c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

�� (3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 �140; 1993 c.680 �23; 1999 c.837 �1; 2001 c.386 �1; 2003 c.527 �1]

�� 164.260 [Repealed by 1971 c.743 �432]

�� 164.265 Criminal trespass while in possession of a firearm. (1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

�� (2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 �2]

�� 164.270 Closure of premises to motor-propelled vehicles. (1) For purposes of ORS 164.245, a landowner or an agent of the landowner may close the privately owned premises of the landowner to motor-propelled vehicles by posting signs on or near the boundaries of the closed premises at the normal points of entry as follows:

�� (a) Signs must be no smaller than eight inches in height and 11 inches in width;

�� (b) Signs must contain the words �Closed to Motor-propelled Vehicles� or words to that effect in letters no less than one inch in height;

�� (c) Signs must display the name, business address and phone number, if any, of the landowner or agent of the landowner; and

�� (d) Signs must be posted at normal points of entry and be no further apart than 350 yards.

�� (2) A person violates ORS 164.245 if the person operates or rides upon or within a motor-propelled vehicle upon privately owned premises when the premises are posted as provided in this section and the person does not have written authorization to operate a motor-propelled vehicle upon the premises.

�� (3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon land closed to motor-propelled vehicles. [1981 c.394 �2]

�� 164.272 Unlawful entry into a motor vehicle. (1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.

�� (2) Unlawful entry into a motor vehicle is a Class A misdemeanor.

�� (3) As used in this section, �enters� includes, but is not limited to, inserting:

�� (a) Any part of the body; or

�� (b) Any object connected with the body. [1995 c.782 �1]

�� Note: 164.272 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.274 Definitions for ORS 164.276 and 164.278. As used in ORS 164.276 and 164.278:

�� (1) �Coach� means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event.

�� (2) �Inappropriate behavior� means:

�� (a) Engaging in fighting or in violent, tumultuous or threatening behavior;

�� (b) Violating the rules of conduct governing coaches, team players and spectators at a sports event;

�� (c) Publicly insulting another person by abusive words or gestures in a manner intended to provoke a violent response; or

�� (d) Intentionally subjecting another person to offensive physical contact.

�� (3) �Premises� has the meaning given that term in ORS 164.205.

�� (4) �Spectator� means any person, other than a team player or coach, who attends a sports event.

�� (5) �Sports official� has the meaning given that term in ORS 30.882. [2003 c.629 �1]

�� Note: 164.274 to 164.278 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.276 Authority of sports official to expel persons from sports event. A sports official may order a coach, team player or spectator to leave the premises at which a sports event is taking place and at which the sports official is officiating if the coach, team player or spectator is engaging in inappropriate behavior. [2003 c.629 �2]

�� Note: See note under 164.274.

�� 164.278 Criminal trespass at a sports event. (1) A person commits the crime of criminal trespass at a sports event if the person:

�� (a) Is a coach, team player or spectator at a sports event;

�� (b) Engages in inappropriate behavior;

�� (c) Has been ordered by a sports official to leave the premises at which the sports event is taking place; and

�� (d) Fails to leave the premises or returns to the premises during the period of time when reentry has been prohibited.

�� (2) Criminal trespass at a sports event is a Class C misdemeanor. [2003 c.629 �3]

�� Note: See note under 164.274.

ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES

�� 164.305 Definitions for ORS 164.305 to 164.377. As used in ORS 164.305 to 164.377, except as the context requires otherwise:

�� (1) �Protected property� means any structure, place or thing customarily occupied by people, including �public buildings� as defined by ORS 479.168 and �forestland,� as defined by ORS 477.001.

�� (2) �Property of another� means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. [1971 c.743 �141; 1977 c.640 �1; 1989 c.584 �1; 2003 c.543 �1]

�� 164.310 [Amended by 1957 c.653 �1; 1959 c.302 �2; repealed by 1971 c.743 �432]

�� 164.315 Arson in the second degree. (1) A person commits the crime of arson in the second degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Any building of another that is not protected property; or

�� (B) Any property of another and the damages to the property exceed $750; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the second degree is a Class C felony. [1971 c.743 �143; 2001 c.432 �1; 2005 c.706 �3]

�� 164.320 [Amended by 1959 c.77 �1; repealed by 1971 c.743 �432]

�� 164.325 Arson in the first degree. (1) A person commits the crime of arson in the first degree if:

�� (a) By starting a fire or causing an explosion, the person intentionally damages:

�� (A) Protected property of another;

�� (B) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (C) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire; or

�� (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

�� (2) Arson in the first degree is a Class A felony. [1971 c.743 �144; 1991 c.946 �1; 2005 c.706 �4]

�� 164.330 [Repealed by 1971 c.743 �432]

�� 164.335 Reckless burning. (1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion.

�� (2) Reckless burning is a Class A misdemeanor. [1971 c.743 �142]

�� 164.338 Arson incident to the manufacture of a controlled substance in the second degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the second degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) Any building of another that is not protected property; or

�� (b) Any property of another and the damages to the property exceed $750.

�� (2) Arson incident to the manufacture of a controlled substance in the second degree is a Class C felony.

�� (3) As used in this section and ORS 164.342, �controlled substance� and �manufacture� have the meanings given those terms in ORS 475.005. [2017 c.248 �2]

�� 164.340 [Repealed by 1971 c.743 �432]

�� 164.342 Arson incident to the manufacture of a controlled substance in the first degree. (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the first degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

�� (a) The protected property of another;

�� (b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

�� (c) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire or explosion.

�� (2) Arson incident to the manufacture of a controlled substance in the first degree is a Class A felony. [2017 c.248 �3]

�� 164.345 Criminal mischief in the third degree. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

�� (2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 �145]

�� 164.350 [Repealed by 1971 c.743 �432]

�� 164.354 Criminal mischief in the second degree. (1) A person commits the crime of criminal mischief in the second degree if:

�� (a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or

�� (b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.

�� (2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 �146; 2009 c.16 �5]

�� 164.355 [1967 c.378 ��1,2,3,4; 1969 c.287 �1; repealed by 1971 c.743 �432]

�� 164.360 [Repealed by 1971 c.743 �432]

�� 164.362 [1957 c.714 ��1,6(1); repealed by 1971 c.743 �432]

�� 164.364 [1957 c.714 ��4,5; repealed by 1971 c.743 �432]

�� 164.365 Criminal mischief in the first degree. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

�� (a) Damages or destroys property of another:

�� (A) In an amount exceeding $1,000;

�� (B) By means of an explosive;

�� (C) By starting a fire in an institution while the person is committed to and confined in the institution;

�� (D) Which is a livestock animal as defined in ORS 164.055;

�� (E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

�� (F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

�� (b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

�� (2) As used in subsection (1) of this section:

�� (a) �Institution� includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

�� (b) �Medical facility� means a health care facility as defined in ORS 442.015, a licensed physician�s office or anywhere a licensed medical practitioner provides health care services.

�� (c) �Public utility� has the meaning provided for that term in ORS 757.005 and includes any cooperative, people�s utility district or other municipal corporation providing an electric, gas, water or other utility service.

�� (d) �Railroad� has the meaning provided for that term in ORS 824.020.

�� (e) �Public transportation facility� means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

�� (f) �Telecommunications carrier� has the meaning given that term in ORS 133.721.

�� (3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 �147; 1973 c.133 �6; 1975 c.344 �1; 1979 c.805 �1; 1983 c.740 �33a; 1987 c.447 �104; 1987 c.907 �10; 1989 c.584 �2; 1991 c.837 �13; 1991 c.946 �2; 1993 c.94 �1; 1993 c.332 �3; 1999 c.1040 �11; 1999 c.1093 �2; 2003 c.543 �4; 2009 c.16 �6]

�� 164.366 [1957 c.714 ��2,6(2); repealed by 1971 c.743 �432]

�� 164.367 Determining value of damage; aggregation. For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed:

�� (1) Against multiple victims in the same course of conduct; or

�� (2) Against the same victim, or two or more persons who are joint owners, within a 30-day period. [1999 c.1040 �12]

�� Note: 164.367 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.368 [1957 c.714 �3; repealed by 1971 c.743 �432]

�� 164.369 [1989 c.584 �4; 2003 c.543 �5; renumbered 167.337 in 2003]

�� 164.370 [Repealed by 1971 c.743 �432]

�� 164.373 Tampering with cable television equipment. (1) A person commits the crime of tampering with cable television equipment if the person:

�� (a) Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service; or

�� (b) Knowingly permits another person to tamper or otherwise interfere with, or connect to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

�� (2) Tampering with cable television equipment is a Class B misdemeanor. [1985 c.537 �5]

�� 164.377 Computer crime. (1) As used in this section:

�� (a) To �access� means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

�� (b) �Computer� means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

�� (c) �Computer network� means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

�� (d) �Computer program� means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.

�� (e) �Computer software� means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

�� (f) �Computer system� means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. �Computer system� also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.

�� (g) �Data� means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. �Data� may be in any form, in storage media, or as stored in the memory of the computer, or in transit, or presented on a display device. �Data� includes, but is not limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

�� (h) �Intimate image� means a photograph, film, video, recording, digital picture or other visual reproduction of a person whose intimate parts are visible or who is engaged in sexual conduct.

�� (i) �Intimate parts� means uncovered human genitals, pubic areas or female nipples.

�� (j) �Property� includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either computer or human readable form, intellectual property and any other tangible or intangible item of value.

�� (k) �Proprietary information� includes any scientific, technical or commercial information including any design, process, procedure, list of customers, list of suppliers, customers� records or business code or improvement thereof that is known only to limited individuals within an organization and is used in a business that the organization conducts. The information must have actual or potential commercial value and give the user of the information an opportunity to obtain a business advantage over competitors who do not know or use the information.

�� (L) �Services� includes, but is not limited to, computer time, data processing and storage functions.

�� (m) �Sexual conduct� means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305, or masturbation.

�� (2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

�� (a) Devising or executing any scheme or artifice to defraud;

�� (b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

�� (c) Committing theft, including, but not limited to, theft of proprietary information or theft of an intimate image.

�� (3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

�� (5)(a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor.

�� (b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony. [1985 c.537 �8; 1989 c.737 �1; 1991 c.962 �17; 2001 c.870 �18; 2015 c.350 �1; 2017 c.318 �13]

�� 164.380 [Repealed by 1971 c.743 �432]

GRAFFITI-RELATED OFFENSES

�� 164.381 Definitions. As used in ORS 137.131, 164.381 to 164.386 and 419C.461:

�� (1) �Graffiti� means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.

�� (2) �Graffiti implement� means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces. [1995 c.615 �1]

�� Note: 164.381 to 164.388 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.383 Unlawfully applying graffiti. (1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

�� (2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� (3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 �2; 1999 c.1051 �156]

�� Note: See note under 164.381.

�� 164.385 [1967 c.243 �1; repealed by 1971 c.743 �432]

�� 164.386 Unlawfully possessing a graffiti implement. (1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383.

�� (2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

�� Note: See note under 164.381.

�� 164.388 Preemption. The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365. [1995 c.615 �7; 1999 c.1040 �6]

�� Note: See note under 164.381.

�� 164.390 [1959 c.626 ��1,4; repealed by 1971 c.743 �432]

�� 164.392 [1959 c.626 ��2,3; repealed by 1971 c.743 �432]

ROBBERY

�� 164.395 Robbery in the third degree. (1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 the person uses or threatens the immediate use of physical force upon another person with the intent of:

�� (a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or

�� (b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.

�� (2) Robbery in the third degree is a Class C felony. [1971 c.743 �148; 2003 c.357 �1]

�� 164.405 Robbery in the second degree. (1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person:

�� (a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or

�� (b) Is aided by another person actually present.

�� (2) Robbery in the second degree is a Class B felony. [1971 c.743 �149]

�� 164.410 [Repealed by 1971 c.743 �432]

�� 164.415 Robbery in the first degree. (1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person:

�� (a) Is armed with a deadly weapon;

�� (b) Uses or attempts to use a dangerous weapon; or

�� (c) Causes or attempts to cause serious physical injury to any person.

�� (2) Robbery in the first degree is a Class A felony. [1971 c.743 �150; 2007 c.71 �51]

�� 164.420 [Repealed by 1971 c.743 �432]

�� 164.430 [Repealed by 1971 c.743 �432]

�� 164.440 [Amended by 1969 c.511 �1; repealed by 1971 c.404 �8 and by 1971 c.743 �432]

�� 164.450 [Repealed by 1971 c.743 �432]

�� 164.452 [1965 c.100 �300; repealed by 1971 c.743 �432]

�� 164.455 [1953 c.535 �1; 1959 c.687 �2; 1965 c.453 �1; repealed by 1971 c.743 �432]

�� 164.460 [Amended by 1957 c.470 �1; 1959 c.530 �2; 1969 c.501 �3; repealed by 1971 c.743 �432]

�� 164.462 [1963 c.552 ��1,2; 1965 c.450 �1; repealed by 1971 c.743 �432]

�� 164.465 [1953 c.430 �1; 1959 c.687 �3; repealed by 1971 c.743 �432]

�� 164.470 [Amended by 1969 c.594 �1; repealed by 1971 c.743 �432]

�� 164.480 [Repealed by 1971 c.743 �432]

�� 164.485 [1969 c.652 �1; repealed by 1971 c.743 �432]

�� 164.490 [1969 c.652 �2; repealed by 1971 c.743 �432]

�� 164.500 [1969 c.652 ��3,4,6; repealed by 1971 c.743 �432]

�� 164.505 [1969 c.652 �5; repealed by 1971 c.743 �432]

�� 164.510 [Repealed by 1971 c.743 �432]

�� 164.520 [Repealed by 1971 c.743 �432]

�� 164.530 [Repealed by 1971 c.743 �432]

�� 164.540 [Repealed by 1971 c.743 �432]

�� 164.550 [Repealed by 1971 c.743 �432]

�� 164.555 [1963 c.552 �3; repealed by 1971 c.743 �432]

�� 164.560 [Repealed by 1971 c.743 �432]

�� 164.570 [Repealed by 1971 c.743 �432]

�� 164.580 [Amended by 1959 c.580 �103; repealed by 1971 c.743 �432]

�� 164.590 [Repealed by 1971 c.743 �432]

�� 164.610 [Repealed by 1971 c.743 �432]

�� 164.620 [Repealed by 1971 c.743 �432]

�� 164.630 [Repealed by 1971 c.743 �432]

�� 164.635 [1961 c.310 �2; 1967 c.332 �1; repealed by 1971 c.743 �432]

�� 164.640 [Repealed by 1971 c.743 �432]

�� 164.650 [Repealed by 1971 c.743 �432]

�� 164.660 [Amended by 1967 c.390 �1; repealed by 1971 c.743 �432]

�� 164.670 [Amended by 1965 c.552 �1; repealed by 1971 c.743 �432]

�� 164.680 [Repealed by 1971 c.743 �432]

�� 164.690 [Repealed by 1971 c.743 �432]

�� 164.700 [1965 c.594 �1; repealed by 1971 c.743 �432]

�� 164.710 [Amended by 1969 c.517 �1; repealed by 1971 c.743 �432]

�� 164.720 [Repealed by 1971 c.743 �432]

�� 164.730 [Amended by 1967 c.351 �1; repealed by 1971 c.743 �432]

�� 164.740 [Repealed by 1971 c.743 �432]

�� 164.750 [1969 c.584 �1; repealed by 1971 c.743 �432]

�� 164.760 [1969 c.584 ��2,3; repealed by 1971 c.743 �432]

�� 164.770 [1969 c.584 �4; repealed by 1971 c.743 �432]

LITTERING

�� 164.775 Deposit of trash within 100 yards of waters or in waters; license suspensions; civil penalties; credit for work in lieu of fine. (1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005, other than in receptacles provided for the purpose of holding such trash, rubbish, debris or litter.

�� (2) It is unlawful for any person to discard any glass, cans or other similar refuse in any waters of the state, as defined in ORS 468B.005.

�� (3) In addition to or in lieu of the penalties provided for violation of any provision of this section, the court in which any individual is convicted of a violation of this section may order suspension of certain permits or licenses for a period not to exceed 90 days if the court finds that the violation occurred during or in connection with the exercise of the privilege granted by the permit or license. The permits and licenses to which this section applies are hunting licenses, fishing licenses or boat registrations.

�� (4)(a) Any person sentenced under subsection (6) of this section to pay a fine for violation of this section shall be permitted, in default of the payment of the fine, to work at clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section. Credit in compensation for such work shall be allowed at the rate of $25 for each day of work.

�� (b) In any case, upon conviction, if punishment by imprisonment is imposed upon the defendant, the form of the sentence shall include that the defendant shall be punished by confinement at labor clearing rubbish, trash and debris from the lands and waters described by subsections (1) and (2) of this section, for not less than one day nor more than five days.

�� (5) A citation conforming to the requirements of ORS 133.066 shall be used for all violations of subsection (1) or (2) of this section in the state.

�� (6) Violation of this section is a Class B misdemeanor.

�� (7) In addition to and not in lieu of the criminal penalty authorized by subsection (6) of this section, the civil penalty authorized by ORS 468.140 may be imposed for violation of this section.

�� (8) Nothing in this section or ORS 164.785 prohibits the operation of a disposal site, as defined in ORS 459.005, for which a permit is required by the Department of Environmental Quality, for which such a permit has been issued and which is being operated and maintained in accordance with the terms and conditions of such permit. [Formerly 449.107; 1999 c.1051 �132; 2018 c.76 �18]

�� 164.780 [1969 c.584 �5; repealed by 1971 c.743 �432]

�� 164.785 Placing offensive substances in waters, on highways or other property. (1)(a) It is unlawful for any person, including a person in the possession or control of any land, to discard any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, pollute or impair the quality of any spring, river, brook, creek, branch, well, irrigation drainage ditch, irrigation ditch, cistern or pond of water.

�� (b)(A) In a prosecution under this subsection, it is a defense that:

�� (i) The dead animal carcass that is discarded is a fish carcass;

�� (ii) The person returned the fish carcass to the water from which the person caught the fish; and

�� (iii) The person retained proof of compliance with any provisions regarding angling prescribed by the State Fish and Wildlife Commission pursuant to ORS 496.162.

�� (B) As used in this paragraph, �fish carcass� means entrails, gills, head, skin, fins and backbone.

�� (2) It is unlawful for any person to place or cause to be placed any polluting substance listed in subsection (1) of this section into any road, street, alley, lane, railroad right of way, lot, field, meadow or common. It is unlawful for an owner thereof to knowingly permit any polluting substances to remain in any of the places described in this subsection to the injury of the health or to the annoyance of any citizen of this state. Every 24 hours after conviction for violation of this subsection during which the violator permits the polluting substances to remain is an additional offense against this subsection.

�� (3) Nothing in this section shall apply to the storage or spreading of manure or like substance for agricultural, silvicultural or horticultural purposes, except that no sewage sludge, septic tank or cesspool pumpings shall be used for these purposes unless treated and applied in a manner approved by the Department of Environmental Quality.

�� (4) Violation of this section is a Class A misdemeanor.

�� (5) The Department of Environmental Quality may impose the civil penalty authorized by ORS 468.140 for violation of this section. [Formerly 449.105; 1983 c.257 �1; 1987 c.325 �1; 2013 c.132 �1]

�� 164.805 Offensive littering. (1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally:

�� (a) Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner, or upon any public way or in or upon any public transportation facility;

�� (b) Draining, or causing or permitting to be drained, sewage or the drainage from a cesspool, septic tank, recreational or camping vehicle waste holding tank or other contaminated source, upon the land of another without permission of the owner, or upon any public way; or

�� (c) Permitting any rubbish, trash, garbage, debris or other refuse to be thrown from a vehicle that the person is operating. This subsection does not apply to a person operating a vehicle transporting passengers for hire subject to regulation by the Department of Transportation or a person operating a school bus described under ORS 801.460.

�� (2) As used in this section:

�� (a) �Public transportation facility� has the meaning given that term in ORS 164.365.

�� (b) �Public way� includes, but is not limited to, roads, streets, alleys, lanes, trails, beaches, parks and all recreational facilities operated by the state, a county or a local municipality for use by the general public.

�� (3) Offensive littering is a Class C misdemeanor. [1971 c.743 �283; 1975 c.344 �2; 1983 c.338 �897; 1985 c.420 �20; 2007 c.71 �52; 2015 c.138 �2]

�� 164.810 [Repealed by 1971 c.743 �432]

UNLAWFUL TRANSPORT

�� 164.813 Unlawful cutting and transport of special forest products. (1) As used in this section:

�� (a) �Harvest� means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from:

�� (A) Its physical connection or point of contact with the ground or vegetation upon which it was growing; or

�� (B) The place or position where it lay.

�� (b) �Special forest products� means:

�� (A) Plants, plant parts, fruit, fungi, parts of fungi, rocks or minerals that are identified in State Board of Forestry rules as special forest products;

�� (B) Firewood;

�� (C) Trees or parts of trees of a species identified in board rules as a forest tree species not normally used in commercial fores

ORS 174.111

174.111, free of charge, and over lands of private individuals, as provided in ORS 772.210. Such lines, fixtures and facilities shall not be constructed so as to obstruct any public road or navigable stream.

�� (2) A county governing body and the Department of Transportation have authority to designate the location upon roads under their respective jurisdiction, outside of cities, where lines, fixtures and facilities described in this section may be located, and subject to ORS 758.025 may order the location of any such line, fixture or facility to be changed when such governing body or department deems it expedient. Any line, fixture or facility erected or remaining in a different location upon such road than that designated in any order of the governing body or department is a public nuisance and may be abated accordingly.

�� (3) The state officer, agency, board or commission having jurisdiction over any land belonging to state government, as defined in ORS 174.111, with respect to which the right and privilege granted under subsection (1) of this section is exercised may impose reasonable requirements for the location, construction, operation and maintenance of the lines, fixtures and facilities on such land. The person exercising such right and privilege over any land belonging to state government, as defined in ORS 174.111, shall pay the current market value for the existing forest products that are damaged or destroyed in exercising such right and privilege. Such right and privilege of any person is conditioned upon compliance with the requirements imposed by this subsection. [Amended by 1955 c.123 �1; 1971 c.655 �100; 1981 c.153 �76; 2001 c.664 ��3,6; 2009 c.444 �4; 2015 c.55 �1]

(Temporary provisions relating to rights of way of public roads under county jurisdiction)

�� Note: Sections 1, 2, 3 and 5, chapter 60, Oregon Laws 2024, provide:

�� Sec. 1. A person that wants to construct, alter, relocate, maintain or repair a water, gas, electric or communication service line, fixture or other facility within the right of way of a public road under the jurisdiction of a county shall be responsible for applying for any permit and paying any permit fee that the county governing body requires pursuant to section 2 of this 2024 Act. [2024 c.60 �1]

�� Sec. 2. (1) A county governing body may require a permit for the construction, alteration, relocation, maintenance or repair of a water, gas, electric or communication service line, fixture or other facility within the right of way of a public road under the jurisdiction of the county.

�� (2) A county shall issue or deny a permit described in subsection (1) of this section that the county governing body requires within 15 business days after a complete application for the permit is filed with the county. The requirement under this subsection does not apply to an application for a permit for relocation of a line, fixture or other facility when the relocation is required by the county.

�� (3) Notwithstanding ORS 758.010 (1) and except as provided in subsection (4) of this section, a county governing body may charge a fee, as described in subsection (5) of this section, for the administration and issuance of a permit described in subsection (1) of this section that the county governing body requires.

�� (4) A county governing body may not charge a fee for a permit described in subsection (1) of this section that the county governing body requires if:

�� (a) The permit is for vegetation management or vegetation clearance maintenance, and the vegetation management or vegetation clearance maintenance is required by the Public Utility Commission under ORS 757.035 or 757.039 or by a national electric safety code adopted, by rule, by the commission;

�� (b) The permit is for:

�� (A) Routine replacement or maintenance of a line, fixture or other facility, including but not limited to pole replacement; or

�� (B) Replacement or maintenance of a line, fixture or other facility required by the commission under ORS 757.035 or 757.039 or by a national electric safety code adopted, by rule, by the commission;

�� (c) The permit is for maintenance of a line, fixture or other facility related to a water system, including a pumping facility, air relief valve, pressure valve or fire hydrant, and the maintenance is essential for the safe operation of the water system;

�� (d) The permit is for relocation of a line, fixture or other facility, and the relocation is required by the county; or

�� (e)(A) The permit is for emergency or urgent work, regardless of the duration of time of the work, to restore or maintain services, and the emergency or urgent work is necessary to protect public health or safety. A county may not delay emergency or urgent work under this paragraph to process an application for a permit under this section.

�� (B) As used in subparagraph (A) of this paragraph, �emergency or urgent work� includes work required as a result of an accident or casualty, fire, flood, drought, wind or other natural elements, court order or litigation, breakdown of or damage to a facility, act of God, act of a civil, military or government authority, or act or omission of a third party.

�� (5)(a) Subject to paragraphs (b) and (c) of this subsection, the maximum fee amount that a county governing body may charge for the administration and issuance of a permit described in subsection (1) of this section that the county governing body requires is $500.

�� (b)(A) The maximum fee amount described in paragraph (a) of this subsection shall be increased annually on July 1 by the lesser of:

�� (i) The percentage increase, if any, in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor; or

�� (ii) Five percent.

�� (B) An amount determined under subparagraph (A) of this paragraph shall be rounded up to the nearest dollar.

�� (c) The fee amount charged by a county governing body may be no greater than necessary to cover, and may be used only to cover, the costs incurred by the county for the administration, issuance and compliance enforcement of the permits described in subsection (1) of this section that the county governing body requires.

�� (d) Any fee charged by a county governing body for a permit described in subsection (1) of this section that a county governing body requires must be carried out on a competitively neutral and nondiscriminatory basis.

�� (6) To exercise a power provided under this section, a county governing body shall first authorize the exercise of that power by county ordinance.

�� (7) Nothing in this section reduces the authority of a county governing body provided under ORS 368.036, 758.010 (2) or 758.025.

�� (8) Nothing in this section may be construed to allow a county governing body to assess a franchise fee or privilege tax for the right or privilege to occupy or otherwise use, construct, alter, relocate, maintain or repair a water, gas, electric or communication service line, fixture or other facility within the right of way of a public road under the jurisdiction of the county. [2024 c.60 �2]

�� Sec. 3. (1) Section 2 of this 2024 Act does not prohibit a county governing body from entering into a franchise agreement, agreement pursuant to ORS 190.010 or other agreement that governs the terms and conditions by which a person may construct, alter, relocate, maintain or repair a water, gas, electric or communication service line, fixture or other facility within the right of way of a public road under the jurisdiction of the county.

�� (2) A county governing body may not require a person to apply or pay a fee for a permit described in section 2 (1) of this 2024 Act that the county governing body requires, if a franchise agreement, agreement pursuant to ORS 190.010 or other agreement governs the terms and conditions by which the person may construct, alter, relocate, maintain or repair the water, gas, electric or communication service line, fixture or other facility. [2024 c.60 �3]

�� Sec. 5. Sections 1 to 3 of this 2024 Act are repealed on January 2, 2031. [2024 c.60 �5]

�� 758.012 Notice of intent to build transmission line to consumer-owned utilities and public utilities; exemptions. (1) As used in this section:

�� (a) �Public utility� has the meaning given that term in ORS 757.005.

�� (b) �Transmission line� means a linear utility facility by which a utility provider transmits or transfers electricity from a point of origin or generation or between transfer stations.

�� (2) A person who applies for a permit with the Energy Facility Siting Council or with a county to build a transmission line must notify each people�s utility district organized under ORS chapter 261, municipal utility organized under ORS chapter 225, electric cooperative organized under ORS chapter 62 and public utility in whose service territory the transmission line will be constructed of the intent to receive approval for the construction of the transmission line unless the person is:

�� (a) A people�s utility district organized under ORS chapter 261, a municipal utility organized under ORS chapter 225 or an electric cooperative organized under ORS chapter 62; or

�� (b) A public utility. [2013 c.235 �2]

�� 758.013 Operator of electric power line to provide Public Utility Commission with safety information; availability of information to public utilities. (1) Each person who is subject to the Public Utility Commission�s authority under ORS 757.035 and who engages in the operation of an electric power line as described in ORS 757.035 must provide the commission with the following information before January 2 of each even-numbered year:

�� (a) The name and contact information of the person that is responsible for the operation and maintenance of the electric power line, and for ensuring that the electric power line is safe, on an ongoing basis; and

�� (b) The name and contact information of the person who is responsible for responding to conditions that present an imminent threat to the safety of employees, customers and the public.

�� (2) In the event that the contact information described in subsection (1) of this section changes or that ownership of the electric power line changes, the person who engages in the operation of the electric power line must notify the commission of the change as soon as practicable, but no later than within 90 days.

�� (3) If the person described in subsection (1) of this section is not the public utility, as defined in ORS 757.005, in whose service territory the electric power line is located, the commission shall make the information provided to the commission under subsection (1) of this section available to the public utility in whose service territory the electric power line is located. [2013 c.235 �3]

�� 758.015 Certificate of public convenience and necessity. (1) When any person, as defined in ORS 758.400, providing electric utility service, as defined in ORS 758.400, or any transmission company, proposes to construct an overhead transmission line which will necessitate a condemnation of land or an interest therein, it shall petition the Public Utility Commission for a certificate of public convenience and necessity setting forth a detailed description and the purpose of the proposed transmission line, the estimated cost, the route to be followed, the availability of alternate routes, a description of other transmission lines connecting the same areas, and such other information in such form as the commission may reasonably require in determining the public convenience and necessity.

�� (2)(a) The commission shall give notice and hold a public hearing on such petition. The commission, in addition to considering facts presented at such hearing, shall make the commission�s own investigation to determine whether the proposed transmission line meets a need for increased transmission capacity and reliability in the electric grid and shall enter an order accordingly. The commission shall consider a petition for a certificate of public convenience and necessity and enter an order without requiring a petitioner to first obtain any required state or local land use approvals.

�� (b) Except for petitions for a proposed transmission line for which the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission line, the order shall be subject to review as in other cases. Orders on petitions for a proposed transmission line for which the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission line are subject to judicial review in the same manner as an order in a contested case as set forth in ORS 758.017.

�� (c) In any proceeding for condemnation, a certified copy of such order shall be conclusive evidence that the transmission line for which the land is required is a public use and necessary for public convenience.

�� (3) This section shall not apply to construction of transmission lines in connection with a project for which a permit or license is otherwise obtained pursuant to state or federal law.

�� (4) As used in this section and ORS 758.020, �transmission company� means a person or entity that owns or operates high voltage transmission lines and is subject to the jurisdiction of the Federal Energy Regulatory Commission. �Transmission company� does not include a cooperative organized under ORS chapter 62. [1961 c.691 �19; 2001 c.913 �6; 2013 c.335 �1; 2025 c.305 �4]

�� 758.017 Appeal of grant or denial of certificate of public convenience and necessity for transmission lines subject to Energy Facility Siting Council approval; review vested in Supreme Court. (1) Any party to a contested case hearing related to the application for a certificate of public convenience and necessity under ORS 758.015 for a proposed transmission line for which the petitioner also seeks approval from the Energy Facility Siting Council for the same transmission line may appeal the Public Utility Commission�s grant or denial of the application. Issues on appeal shall be limited to those raised by the parties to the contested case hearing before the commission.

�� (2) Jurisdiction for judicial review of the commission�s approval or rejection of an application for a certificate of public convenience and necessity under subsection (1) of this section is conferred upon the Supreme Court. Proceedings for review shall be instituted by filing a petition in the Supreme Court. The petition shall be filed within 60 days after the date of service of the commission�s final order. Date of service shall be the date on which the commission delivered or mailed the final order in accordance with ORS 183.470.

�� (3) The filing of a petition for judicial review may not stay the order, except that a party to the contested case hearing may apply to the Supreme Court for a stay upon a showing that there is a colorable claim of error and that the petitioner will suffer irreparable injury.

�� (4) If the Supreme Court grants a stay pursuant to subsection (3) of this section, the court:

�� (a) Shall require the petitioner requesting the stay to give an undertaking in the amount of $5,000.

�� (b) May grant the stay in whole or in part.

�� (c) May impose other reasonable conditions on the stay.

�� (5) The review by the Supreme Court shall be the same as the review by the Court of Appeals described in ORS 183.482. The Supreme Court shall give priority on its docket to a petition for review under this section and render a decision within six months of the filing of the petition for review.

�� (6) The following periods of delay shall be excluded from the six-month period within which the court must render a decision under subsection (5) of this section:

�� (a) Any period of delay resulting from a motion properly before the court; or

�� (b) Any reasonable period of delay resulting from a continuance granted by the court on the court�s own motion or at the request of one of the parties, if the court granted the continuance on the basis of findings that the ends of justice served by granting the continuance outweigh the best interests of the public and the other parties in having a decision within six months.

�� (7) No period of delay resulting from a continuance granted by the Supreme Court under subsection (6)(b) of this section shall be excluded from the six-month period unless the court sets forth, in the record, either orally or in writing, the court�s reasons for finding that the ends of justice served by granting the continuance outweigh the best interests of the public and the other parties in having a decision within six months. The factors the court shall consider in determining whether to grant a continuance under subsection (6)(b) of this section are:

�� (a) Whether the failure to grant a continuance in the proceeding would be likely to make a continuation of the proceeding impossible or result in a miscarriage of justice; or

�� (b) Whether the case is so unusual or so complex, because of the number of parties involved or the existence of novel questions of fact or law, that it is unreasonable to expect adequate consideration of the issues within the six-month period.

�� (8) No continuance under subsection (6)(b) of this section shall be granted because of general congestion of the court calendar or lack of diligent preparation or attention to the case by any member of the court or any party. [2013 c.335 �3]

�� 758.020 Joint occupancy of poles. (1) The county court, board of county commissioners or the Department of Transportation, when designating the location where poles or other aboveground facilities described in ORS 758.010 may be placed on a road or highway which fronts on the ocean or on a river or other body of water and the water frontage of the highway is being developed or maintained for its scenic or recreational value, may require all lines to occupy the opposite side of the right of way, if such joint occupancy can be maintained without undue impairment of service or damage to public life and property.

�� (2) If the owners of such lines are unable to agree on the terms and conditions of joint occupancy, such department, court or board shall request the Public Utility Commission to determine the practicability of such joint occupancy and the effect thereof upon adequate and safe service by the prospective joint occupants, the location of the lines, and, if found to be practicable, to fix and prescribe the terms and conditions pursuant to which joint occupancy shall be accomplished. Before making or entering an order, such commission shall hold a hearing and make findings in accordance with ORS 756.500 to 756.610. The order of the commission is subject to judicial review in the manner provided by ORS 756.610. In fixing terms and conditions pursuant to which joint occupancy shall be accomplished, the Public Utility Commission shall require the installation by each occupant of standards, devices and equipment reasonably necessary to protect the equipment of the other occupants from damage and the public from injury arising from such joint occupancy.

�� (3) The right of any public utility, telecommunications utility or transmission company to construct, maintain and operate on a public highway poles or fixtures is contingent on compliance with reasonable requirements established by the Department of Transportation, county courts, boards of county commissioners or the Public Utility Commission under authority of this section and ORS 758.010. Such rights are likewise contingent and conditioned on all facilities, equipment and installations being constructed and maintained in strict conformance with modern and approved standards. [Amended by 1971 c.655 �102; 1987 c.447 �98; 2001 c.913 �7; 2005 c.638 �11; 2017 c.312 �6]

�� 758.025 Relocation of utilities in highway right of way; required consultation; recovery of costs. (1) As used in this section:

�� (a) �Highway� has the meaning given that term in ORS 801.305 (1) but does not include highways located on property owned by the Port of Portland that is subject to federal relocation regulations authorized under 49 U.S.C. 47107, as in effect on January 1, 2010.

�� (b) �Public body� has the meaning given that term in ORS 174.109.

�� (c) �Utility� means a public utility, as defined in ORS 757.005, or a telecommunications utility or competitive telecommunications provider, as those terms are defined in ORS 759.005.

�� (2) If a public body plans a project that would require utilities to relocate their utility facilities that are located in the highway right of way, the public body shall notify affected utilities of the project in writing as soon as is practicable.

�� (3) During the planning and design phase of a project, the public body shall coordinate with the affected utilities to discuss the project�s scope and schedule. At a minimum, the discussion must include a description of the plans, goals and objectives of the proposed project and options to minimize or eliminate costs to the public body and the utilities. The public body is not required to avoid or minimize costs to the utilities in a way that materially affects the project�s scope, costs or schedule. Failure of the affected utilities to respond or participate in the coordination or discussion does not affect the ability of the public body to proceed with design and construction of the project.

�� (4) A public body having jurisdiction over a highway may not prohibit a utility from seeking reimbursement from private parties or customers for costs under this section in any permit application, license application or other written agreement authorizing the utility to relocate the facilities.

�� (5)(a) Notwithstanding any other provision of ORS chapter 759, a telecommunications utility that is not subject to rate-of-return regulation, including a utility regulated under ORS 759.255 may, after participating in the process described in subsection (3) of this section, request authorization from the Public Utility Commission to recover from customers prudent costs incurred for the relocation of facilities required by a public body that are not otherwise paid or reimbursed from another source. Recoverable relocation costs are the nonfacility costs incurred in the relocation plus the undepreciated value of the facilities replaced, including the cost of placing such facilities underground if underground placement is required by the public body or other provision of law. The commission may authorize the recovery of relocation costs that the commission determines to be substantial and beyond the normal course of business.

�� (b) The commission shall:

�� (A) Verify the relocation costs for which the utility requests recovery;

�� (B) Determine the allocation of costs between interstate and intrastate services, geographic areas, customers and services; and

�� (C) Prescribe the method of cost recovery.

�� (c) In determining the level of cost recovery and the allocation of costs, the commission shall consider:

�� (A) The overall impact on the utility; and

�� (B) Other relevant factors identified by the commission.

�� (d) Relocation costs may be recovered for a reasonable period of time subject to approval by the commission and not to exceed the depreciable life of the facilities. [2009 c.444 �2]

�� 758.030 [Renumbered 271.440]

�� 758.035 Commission�s power to enforce joint use of facilities. (1) Every public utility, telecommunications utility, person, association or corporation having conduits, subways, street railway tracks, poles or other equipment on, over or under any street or highway shall for a reasonable compensation permit the use of the same by any public utility or telecommunications utility whenever public convenience or necessity requires such use and such use will not result in irreparable injury to the owner or other users of such equipment nor in any substantial detriment to the service to be rendered by such owners or other users.

�� (2) In case of failure to agree upon such use or the conditions or compensation for such use, any public utility, telecommunications utility, person, association or corporation interested may apply to the Public Utility Commission, and if after investigation the commission ascertains that public convenience or necessity requires such use and that it would not result in irreparable injury to the owner or other users of such equipment, the commission shall by order direct that such use be permitted and prescribe reasonable conditions and compensation for such joint use.

�� (3) The use so ordered shall be permitted and the prescribed conditions and compensation shall be the lawful conditions and compensation to be observed, followed and paid. The order of the commission is subject to judicial review in the manner provided by ORS 756.610. The order may be modified by the commission upon application of any interested party or upon the commission�s own motion. All public utilities and telecommunications utilities shall afford all reasonable facilities and make all necessary regulations for the interchange of business, or traffic carried or their product between them, when ordered by the commission so to do. [Formerly 757.040; 1987 c.447 �99; 2005 c.638 �12; 2017 c.312 �7]

�� 758.040 [Renumbered 757.606]

�� 758.050 [Renumbered 757.611]

�� 758.060 [Amended by 1971 c.743 �426; renumbered 757.616]

�� 758.070 [Renumbered 757.621]

�� 758.080 [Renumbered 757.626]

�� 758.090 [Renumbered 757.631]

�� 758.100 [Renumbered 757.636]

�� 758.110 [Renumbered 757.641]

PROVISION OF BROADBAND SERVICES BY ELECTRIC COOPERATIVE

�� 758.120 Electric easement in provision of broadband services; exceptions; notice; remedies for property owners. (1) As used in this section and ORS 758.125 and 758.130:

�� (a) �Attachment� has the meaning given that term in ORS 757.270.

�� (b) �Broadband� has the meaning given that term in ORS 276A.406.

�� (c) �Commercial broadband service provider� means a provider of broadband service that is not affiliated with or a division of an electric cooperative.

�� (d) �Electric cooperative� has the meaning given that term in ORS 757.600.

�� (e) �Electric easement� means any recorded or unrecorded easement or license, including easements created by operation of law, held or used by an electric cooperative for the installation and maintenance of electric facilities, regardless of whether the easement is for the exclusive benefit of the electric cooperative or is also for use in connection with other utility services that may or may not be provided by the electric cooperative.

�� (f) �Electric facilities� means any line, wire, pipe, conduit, main, pump, pole, tower, fixture, manhole, handhole or other similar facility or facilities, and any other related or ancillary materials, which are owned or controlled, in whole or in part, by one or more electric cooperatives.

�� (g) �Property owner� means a person with a recorded fee simple interest in land upon which an electric easement is located.

�� (2)(a)(A) Except as provided in paragraph (b) of this subsection, an electric cooperative may use or allow for the use of an electric easement in the provision of broadband services.

�� (B) If use of an electric easement in the provision of broadband services as authorized under this paragraph would result in an expansion of the uses for which the easement is granted or acquired, the electric cooperative shall, no later than 60 days prior to the expansion of use, provide written notice to the property owner pursuant to subsection (3) of this section.

�� (C) A commercial broadband service provider may request for an electric cooperative to send notice to a property owner as required by this subsection. A commercial broadband service provider shall include in a request under this subparagraph the addresses of subject poles and the pole numbers if labeled on the pole, and the names and addresses of the property owners to whom the commercial broadband service provider requests notice to be sent. Absent unusual circumstances such as an outage or similar emergency, an electric cooperative shall send notice to a property owner as requested under this subparagraph no later than 10 days after receipt of the request from a commercial broadband service provider.

�� (b)(A) The provisions of this section do not authorize an electric cooperative to use or allow for the use in the provision of broadband services any electric easements that are granted on property owned, managed or operated by a city, including but not limited to public rights of way within the boundaries of the city.

�� (B) If an electric easement is an unrecorded easement, license or easement created by operation of law, the electric easement must be in current use by the electric cooperative for the installation and maintenance of electric facilities in order for the electric cooperative to exercise the authority granted under this section. For purposes of this section, the location and extent of an unrecorded easement, license or easement created by operation of law is limited to:

�� (i) The location of the electric easement as it was in use prior to commencement of use of the electric easement in the provision of broadband services; and

�� (ii) A width of no more than 10 feet on each side from the center line of the electric easement.

�� (3)(a) Written notice as required by subsection (2) of this section must be sent by certified mail to the last known address of the property owner, according to publicly available records of the county assessor. The notice must contain:

�� (A) The name and mailing address of the electric cooperative;

�� (B) The mailing address, telephone number and electronic mail address for a representative of the electric cooperative;

�� (C) A summary statement of the purpose and character of the expansion of the use of the electric easement; and

�� (D) An offer for an onsite meeting prior to commencement of any installation activities associated with the expanded use.

�� (b) If the notice is sent by an electric cooperative on behalf of a commercial broadband service provider, the notice must also contain:

�� (A) The name and mailing address of the commercial broadband service provider; and

�� (B) The mailing address, telephone number and electronic mail address for a representative of the commercial broadband service provider.

�� (4) If the activities necessary to expand use of the electric easement for provision of broadband services will require trenching or other underground work that is not included in the uses for which the easement is granted or acquired:

�� (a) The notice provided under subsection (3) of this section must also include:

�� (A) A summary statement describing the activities to be conducted during the trenching or other underground work; and

�� (B) The approximate dates when the trenching or other underground work will start and end;

�� (b) Any new conduit must be installed in a location that is adjacent to and as close to existing conduit as allowed under applicable code requirements or regulations;

�� (c) To the extent allowed under any applicable code requirements or regulations, the property owner may choose which side of the existing conduit to install any new conduit; and

�� (d) Any surface area disturbed during trenching or other underground work must be restored to its condition prior to the trenching or other underground work.

�� (5) In installing and maintaining facilities necessary to provide broadband services, the provider of broadband services that is making use of an electric easement as authorized pursuant to this section must:

�� (a) Make reasonable accommodations to prevent disruption to active agricultural and forest operations;

�� (b) Employ best practices to prevent the introduction of noxious weeds onto the property upon which the electric easement is located;

�� (c) Provide compensation to the property owner for property damage or crop loss caused by the installation or maintenance of the facilities; and

�� (d) Upon the request of the property owner, provide at least seven days advance notice before the commencement of any installation or routine maintenance activities.

�� (6) An expansion of use described in subsection (2) of this section is deemed vested in the electric cooperative and shall run with the land as of the date that the property owner receives notice from the electric cooperative.

�� (7) Except as provided in ORS 758.125 (1), a property owner that receives notice under subsection (3) of this section may bring a cause of action, in the circuit court of the county where the electric easement is located, against the provider of broadband services for damages relating to a decrease in the value of the property owner�s real property caused by the use of the easement in the provision of broadband services. A cause of action authorized by this subsection must be brought no later than 18 months after the date that the electric cooperative provided notice under subsection (3) of this section. The cause of action provided for in this subsection shall be the exclusive remedy in law or equity with respect to use of the electric easement for the provision of broadband services.

�� (8)(a) In an action brought under subsection (7) of this section:

�� (A) The court or jury shall ascertain and assess the decrease in value of property, if any, based on the difference between:

�� (i) The fair market value of the entire parcel of real property upon which the electric easement is located immediately before the expanded use; and

�� (ii) The fair market value of the entire parcel of real property immediately after the expanded use;

�� (B) Evidence of revenues or profits derived from the expanded use or related attachment rates is not admissible in determining fair market value; and

�� (C) Evidence of the increase in fair market value due to the availability of broadband services is admissible in determining fair market value.

�� (b) Prior to the commencement of trial in an action brought under subsection (7) of this section, the defendant shall make at least one offer of compensation to the property owner. If the property owner obtains a judgment that exceeds the offer of compensation made by the defendant, the property owner shall be entitled to an additional award for trial costs, disbursements, reasonable attorney fees and expenses as defined in ORS 35.335 (2).

�� (c) At any point not later than 10 days before the trial of the action, after making an initial offer of compensation pursuant to paragraph (b) of this subsection, the defendant may serve an offer of compromise on the plaintiff in the action, as provided in ORS 35.300. If the plaintiff accepts the offer of compromise, the plaintiff shall be entitled to an award for costs and disbursements, attorney fees and expenses incurred by the plaintiff before service of the offer on plaintiff. If the plaintiff rejects the offer of compromise and fails to obtain a judgment more favorable than the offer, the plaintiff may not recover prevailing party fees or costs and disbursements, attorney fees and expenses that were incurred on and after service of the offer.

�� (9) The electric cooperative may include required reimbursement for expanded use compensation awards and litigation costs in any attachment license agreement with a provider of broadband services that is not the electric cooperative and that is directly benefited by the expanded use.

�� (10) A class action may not be maintained against a provider of broadband services in any action for damages based on a claim of expanded use for broadband services. [2021 c.149 �1]

�� Note: 758.120 to 758.130 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 758 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 758.125 Duties and rights not altered by ORS 758.120. (1) ORS 758.120 does not alter the rights of an electric cooperative or commercial broadband service provider to acquire the rights to use real property for broadband services through any other means authorized by law.

�� (2) ORS 758.120 does not authorize an expanded use that is expressly prohibited by the terms of a written electric easement.

�� (3) Exercise of the authority granted in ORS 758.120 does not:

�� (a) Change the legal relationship between the electric cooperative as the easement holder and the property owner;

�� (b) Create an easement right for any third party, including but not limited to a commercial broadband service provider or a broadband division or affiliate of the electric cooperative; or

�� (c) Expand the footprint of the existing easement.

�� (4) An expanded use of an electric easement authorized under ORS 758.120 may not alter or interfere with any easement rights held by parties other than the electric cooperative that existed, within or outside the area of the electric easement, prior to the expanded use.

�� (5)(a) Nothing in ORS 758.120 requires an electric cooperative that does not have a broadband division or affiliate to offer or authorize the access or use of an electric easement or to use attachments or electric service infrastructure owned or controlled by the electric cooperative for provision of broadband services in a manner that would, in the electric cooperative�s reasonable discretion, materially interfere with the electric cooperative�s construction, maintenance or use of any electric cooperative attachments or infrastructure for the provision of electric service.

�� (b) Subject to subsection (2) of this section, if an electric cooperative has a broadband division or affiliate, the electric cooperative may withhold authorization for a commercial broadband service provider to access or use an electric easement or to use attachments or electric service infrastructure owned or controlled by the electric cooperative for provision of broadband services only if:

�� (A) There is insufficient capacity for attachments necessary for the provision of broadband service; or

�� (B) Concerns of safety or reliability or generally applicable engineering purposes weigh against granting the authorization.

�� (6) Nothing in this section or ORS 758.120 imposes any duty or liability on a property owner in addition to any liability provided for in an electric easement for unintentional damage by the property owner to facilities necessary for the provision of broadband that are installed in an electric easement pursuant to an expanded use authorized under ORS 758.120. An electric cooperative that exercises the authority granted under ORS 758.120 shall indemnify and hold harmless the property owner against damage to existing easement holders resulting from activities related to the installation or maintenance of facilities described in this subsection. [2021 c.149 �2]

�� Note: See note under 758.120.

�� 758.130 Requirements for electric cooperative in provision of broadband services; audit; compliance. (1) An electric cooperative that exercises the authority granted under ORS

ORS 176.750

176.750 to 176.815 shall continue in effect for 30 days unless the Governor rescinds it and declares the emergency ended before the expiration of the 30-day period.

�� (2) A proclamation may be renewed or extended only by joint resolution of the Legislative Assembly unless 60 days have elapsed from the date of the original proclamation. [1974 c.5 �8a]

�� 176.795 Actions authorized by proclamation under ORS 176.785. (1) During any emergency proclaimed under ORS 176.785, the Governor by executive order may order involuntary curtailments, adjustments or allocations in the supply and consumption of energy resources applicable to all suppliers and consumers. However, the Governor may not order such curtailments, adjustments or allocations which discriminate within any class of consumers. It is the intent of the Legislative Assembly that any such curtailments, adjustments and allocations be ordered and continue only so long as demonstrably necessary for the maintenance of essential services or transportation, or the continued operation of the economy; and that all such curtailments, adjustments and allocations be applied as uniformly as practicable within each class of suppliers and consumers.

�� (2) Any involuntary curtailments of electrical or natural gas load, pursuant to subsection (1) of this section, shall be made by executive order to the Public Utility Commission of Oregon requiring the commission to implement plans for curtailment adopted pursuant to ORS 757.710 to 757.730.

�� (3) In addition to orders issued pursuant to subsection (1) of this section, the Governor by executive order may:

�� (a) Modify transportation routes and schedules as necessary to conserve energy resources to the extent permissible under federal law and regulations.

�� (b) Specify the times and manner in which energy resources are supplied or consumed, consistent with the restrictions imposed by subsection (1) of this section.

�� (4) Any restrictions or involuntary curtailments, adjustments or allocations ordered, except those ordered under ORS 176.775 and 176.780, shall give due consideration to the needs of commercial, retail, professional and service establishments whose normal function is to supply goods or services or both of an essential nature including but not limited to food, lodging, fuel, medical care facilities, during times of the day other than conventional daytime working hours.

�� (5) During an emergency proclaimed under ORS 176.785, the Governor by executive order may prescribe and direct activities promoting the conservation, prevention of waste and salvage of energy resources and the materials, services and facilities derived therefrom or dependent thereon. [1974 c.5 ��9,11]

�� 176.800 Construction of ORS 176.750 to 176.815. (1) Nothing in ORS 176.750 to 176.815 is intended as a delegation of legislative responsibility for the appropriation or authorization of expenditure of public funds, as provided in the Constitution and laws of this state.

�� (2) The powers vested in the Governor under ORS 176.750 to 176.815 are in addition to, and not in lieu of, emergency powers vested in the Governor under ORS chapter 401 or any other law of Oregon.

�� (3) It is the intent of the Legislative Assembly that if ORS 176.750 to 176.815 and 176.990 are held unconstitutional as applied to contracts executed before February 26, 1974, ORS 176.750 to 176.815 and 176.990 nevertheless are effective with respect to contracts executed on or after February 26, 1974, and with respect to renewals or extensions of existing contracts on or after February 26, 1974. [1974 c.5 ��10,14,15; 2009 c.718 �38]

�� 176.805 Status of proclamation, order or directive as rule; judicial review. (1) Any proclamation, executive order or directive issued pursuant to ORS 176.750 to 176.815 shall be deemed to be a rule subject to ORS chapter 183, except that jurisdiction for judicial determination of the validity thereof pursuant to ORS 183.400 is conferred upon the Court of Appeals.

�� (2) Any such proceeding in the Court of Appeals shall be given precedence on the docket over all other cases, except prior cases arising under ORS 176.750 to 176.815 and

ORS 18.993

18.993, a certificate holder, as defined in ORS 18.960, is solely liable for all assessments that come due during the redemption period.

�� (5) For purposes of ORS 94.550 to 94.783, when the redemption period described in ORS 18.964 ends and the claimant has not redeemed the lot, the certificate holder is deemed the owner of a lot sold by execution sale, without regard to whether the certificate holder has caused the sheriff to execute and deliver a deed under ORS 18.985. [1999 c.677 �32; 2003 c.569 �18; 2015 c.120 �5]

�� 94.715 [Repealed by 1971 c.478 �1]

�� 94.716 Lien against two or more lots; release. If a lien against two or more lots of the planned community becomes due, whether the lien is perfected before or after establishment of the planned community, the owner of an affected lot may pay the lienholder the portion of the lien attributable to the lot. Upon receipt of payment, the lienholder promptly shall deliver to the owner a release of the lien as to that lot. The amount of the payment shall be proportionate to the ratio which that owner�s common expense liability bears to the common expense liabilities of all owners whose lots are subject to the lien. After payment, the association may not assess or have a lien against that owner�s lot for any portion of the common expense liability representing the lien. This section applies to all liens except a mortgage. [1981 c.782 �45]

�� 94.719 Lien foreclosure; other legal action by declarant, association or owner; attorney fees. In any suit or action brought by a homeowners association to foreclose its lien or to collect delinquent assessments or in any suit or action brought by the declarant, the association or any owner or class of owners to enforce compliance with the terms and provisions of ORS 94.550 to 94.783 or the declaration or bylaws, including all amendments and supplements thereto or any rules or regulations adopted by the association, the prevailing party shall be entitled to recover reasonable attorney fees therein and in any appeal therefrom. [1999 c.677 �33; 2001 c.756 �23; 2007 c.409 �17]

�� 94.720 [Repealed by 1971 c.478 �1]

�� 94.723 Common expenses; liability of first mortgagee. If a first mortgagee acquires a lot in a planned community by foreclosure or deed in lieu of foreclosure, the mortgagee and subsequent purchaser shall not be liable for any of the common expenses chargeable to the lot which became due before the mortgagee or purchaser acquired title to the lot. The unpaid expenses shall become a common expense of all lot owners including the mortgagee or purchaser. [1981 c.782 �46; 1999 c.677 �27]

�� 94.725 [Repealed by 1971 c.478 �1]

�� 94.728 Taxation of lots and common property. (1) Each lot in a planned community constitutes for all purposes a separate parcel of real estate and shall be separately taxed and assessed.

�� (2) No separate tax or assessment may be levied against any common property which a declarant has reserved no right to develop into additional lots.

�� (3) The declarant alone is liable for payment of taxes or assessments on any portion of the common property of a planned community in which the declarant has reserved the right to develop the property into additional lots, until the right terminates or expires, or is exercised, abandoned or relinquished.

�� (4) If the right described under subsection (3) of this section terminates or expires or is abandoned or relinquished before July 1 of any year, no tax or assessment shall be imposed against the portion of the common property so affected for the next tax year beginning on July 1. [1981 c.782 �34]

�� 94.730 [Repealed by 1971 c.478 �1]

�� 94.733 Easements held by owner of lot and by declarant; homeowners association access to lots. (1) Subject to ORS 94.665, each owner of a lot has an easement through the common property:

�� (a) For access to the owner�s lot; and

�� (b) For use of the common property consistent with the declaration and the bylaws.

�� (2) Except as provided in the declaration, a declarant has an easement through the common property as may be necessary for discharging the declarant�s obligations or exercising any special declarant right.

�� (3) If an encroachment results from construction, reconstruction, repair, shifting, settlement or movement of any portion of the planned community, an easement for the encroachment exists to the extent that any lot or common property encroaches on any other lot or common property. An easement continues for maintaining the encroachment so long as the encroachment exists. Nothing in this section relieves an owner of liability in case of the owner�s willful misconduct or relieves a declarant or any other person of liability for failure to adhere to the plat of the planned community.

�� (4)(a) Upon request given to the owner and any occupant, any person authorized by a homeowners association may enter a lot:

�� (A) To perform necessary maintenance, repair or replacement of any property for which the association has maintenance, repair or replacement responsibility under the declaration or bylaws or ORS 94.550 to 94.783; or

�� (B) To make emergency repairs to a lot that are necessary for the public safety or to prevent damage to common property or to another lot.

�� (b) Requests for entry under this subsection must be made in advance and for a reasonable time, except in the case of an emergency, when the right of entry is immediate. An emergency entry does not constitute a trespass or otherwise create a right of action in the owner of the lot. [1981 c.782 �33; 2009 c.641 �16]

�� 94.740 [1981 c.782 �74; repealed by 1999 c.677 �72]

�� 94.745 [1981 c.782 �78; repealed by 1999 c.677 �72]

�� 94.750 [1981 c.782 �76; 1983 c.740 �8; repealed by 1999 c.677 �72]

�� 94.755 [1981 c.782 �82; repealed by 1999 c.677 �72]

(Miscellaneous)

�� 94.760 Promotional material showing possible improvements. If a declarant makes no commitment in the declaration to build an improvement or specifically states in the declaration that the declarant makes no commitment either to build or not to build the improvement, no person may display or deliver promotional material to prospective purchasers which describes or portrays the improvement unless the description or portrayal is conspicuously labeled �POSSIBLE Improvement.� [1981 c.782 �79]

�� 94.761 Legislative findings regarding electric vehicle charging stations. (1) The Legislative Assembly finds and declares that:

�� (a) The purpose of ORS 94.762 is to facilitate the installation of an electric vehicle charging station by an owner in a planned community for the owner�s personal residential use.

�� (b) Oregon courts have identified the following factors in determining whether personal property is a fixture:

�� (A) Whether the personal property is physically annexed to the real property;

�� (B) Whether the personal property is specifically adapted to the property; and

�� (C) Whether the person attaching the personal property objectively intended the personal property to become part of the real property when attached.

�� (c) Oregon courts have identified the objective intent of the annexer, described in paragraph (b)(C) of this subsection, as the most important of the three factors.

�� (2) Unless an owner and the homeowners association, or the declarant in lieu of the association, have negotiated a different outcome, an electric vehicle charging station installed under ORS 94.762 on or before June 4, 2015, is deemed to be the personal property of the owner of the lot with which the charging station is associated. [2015 c.249 �2]

�� 94.762 Electric vehicle charging stations. (1) Notwithstanding contrary provisions of a declaration or bylaws of a planned community:

�� (a) An owner may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the owner, in compliance with the requirements of this section, in a parking space, on a lot or in any other area subject to the exclusive use of the owner.

�� (b) A homeowners association may not prohibit installation or use of a charging station installed and used in compliance with the requirements of this section.

�� (2) When the owner complies or agrees to comply with the requirements of this section, a homeowners association, or a declarant in lieu of the association, shall approve a completed application within 60 days after the owner submits the application unless the delay in approving the application is based on a reasonable request for additional information.

�� (3) A homeowners association:

�� (a) May require an owner to submit an application before installing a charging station.

�� (b) May require the charging station to meet the architectural standards of the planned community.

�� (c) May impose reasonable charges to recover costs of the review and permitting of a charging station.

�� (4) Notwithstanding ORS 479.540, the charging station must be installed by a person that holds a license, as defined in ORS 479.530, to act, at a minimum, as a journeyman electrician.

�� (5) The owner is responsible for:

�� (a) All costs associated with installation and use of the charging station, including:

�� (A) The cost of electricity associated with the charging station; and

�� (B) The cost of damage to common property and to areas subject to the exclusive use of other owners that results from the installation, use, maintenance, repair, removal or replacement of the charging station.

�� (b) Disclosure to a prospective buyer of the lot of the existence of the charging station and the related responsibilities of the owner under this section.

�� (6) If the homeowners association reasonably determines that the cumulative use of electricity in the planned community attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the planned community a sufficient supply of electricity, the association may assess the cost of the additional improvements against the lot of each owner that has installed, or will install, a charging station.

�� (7) Unless the owner and the homeowners association, or the declarant in lieu of the association, negotiate a different outcome:

�� (a) A charging station installed under this section is deemed to be the personal property of the owner of the lot with which the charging station is associated; and

�� (b) The owner must remove the charging station and restore the premises to the condition before installation of the charging station before the owner may transfer ownership of the lot, unless the prospective buyer of the lot accepts ownership of the charging station and all rights and responsibilities that apply to the charging station under this section.

�� (8)(a) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530.

�� (b) If a charging station, other than one described in paragraph (a) of this subsection, is not a certified electrical product, and the owner of the lot owns the charging station, the owner shall:

�� (A) Maintain a homeowner liability insurance policy in an amount not less than $1 million that includes coverage of the charging station; and

�� (B) Name the homeowners association as a named additional insured under the policy with a right to notice of cancellation of the policy.

�� (9) In any action between an owner and a homeowners association to enforce compliance with this section, the prevailing party is entitled to an award of attorney fees and costs. [2013 c.438 �3; 2015 c.249 �3]

�� 94.763 Association use of pesticides on lots; notice to owners; owner opt out. (1) As used in this section, �pesticide� has the meaning given that term in ORS 634.006.

�� (2) A homeowners association must provide, upon an owner�s request, notice to the owner of:

�� (a) The dates and times that the association plans to apply a pesticide to the owner�s property; and

�� (b) The means by which the owner may exclude the owner�s property from the application of the pesticide under subsection (3) of this section.

�� (3) An association may not require an owner to apply a pesticide and shall allow any owner to exclude the owner�s property from the landscaping activities of the association that include application of a pesticide, except to the extent a pesticide or other pest management practice is necessary to manage or prevent a pest issue that could harm ecological or public health.

�� (4) An owner�s exclusion from the application of a pesticide under subsection (3) of this section is an assumption of the landscaping responsibility by the owner, and the association may enforce against the responsible owner reasonable standards for landscaping that allow for consistent appearances within the community.

�� (5) A provision in a governing document inconsistent with this section is against the policy of this state to support public health, safety and welfare and is void and unenforceable. [2021 c.64 �2]

�� 94.764 Changes or actions that require approval or consent of mortgagee. (1) Notwithstanding a contrary provision of a declaration or bylaws of a homeowners association, when a change to the declaration, bylaws or other governing document or another action to be taken by the board of directors, association or owners requires approval or consent of a mortgagee, if the mortgagee receives a request to approve or consent to the change or action, the mortgagee is deemed to have approved or consented to the request unless the mortgagee delivers or posts a negative response to the requesting party within 60 days after receipt of the request.

�� (2) The request must:

�� (a) Be in writing.

�� (b) Name the mortgagor.

�� (c) Identify the property securing the mortgage by legal description as required for recordation in ORS 93.600 or by address.

�� (d) Identify the mortgage by loan number or reference to the county recording office and date of recording and recording index numbers of the mortgage.

�� (e) Be delivered to the mortgagee by certified or registered mail, return receipt requested. [2011 c.532 �6]

�� 94.765 [1981 c.782 �81; repealed by 1999 c.677 �72]

�� 94.770 Application of rule against perpetuities; conflict between declaration and bylaws; effect on title of declaration�s noncompliance with Oregon Planned Community Act; conflict between Oregon Planned Community Act and ORS chapter 65. (1) The rule against perpetuities may not be applied to defeat any provision of the declaration, or any bylaws or rules adopted under ORS 94.630.

�� (2) In the event of a conflict between the declaration and the bylaws of a planned community or between the declaration and the articles of incorporation, the declaration shall prevail except to the extent the declaration is inconsistent with ORS

ORS 183.605

183.605. The commission is not limited in its actions or in the sanctions it may impose by any ruling of the board or by any limitation imposed upon the board by commission rule or regulation or by subsection (2) of this section.

�� (5) Except as provided in this subsection, an adversely affected person that files a written notice of appeal under subsection (4) of this section shall pay the commission a filing fee of $50. The executive director may waive the fee upon request if payment would cause the person undue hardship. The commission shall refund the fee if:

�� (a) The appeal is withdrawn more than 21 days before the scheduled hearing date;

�� (b) The person and the commission agree to an informal disposition of the appeal; or

�� (c) The person asserts any objectively reasonable basis for the appeal at hearing, regardless of whether the appeal is successful.

�� (6) If an adversely affected person that filed a written notice of appeal under subsection (4) of this section withdraws the appeal on or after the 21st day before the scheduled hearing date, the commission may require the person to pay all or part of the costs incurred by the state as a result of the appeal.

�� (7) The final order after hearing shall award the commission costs and reasonable attorney fees incurred as a result of an appeal filed by an adversely affected person under subsection (4) of this section if:

�� (a) The person fails, without good cause, to appear at the hearing; or

�� (b) The findings of fact and conclusions of law by the administrative law judge state that there was no objectively reasonable basis for the appeal. [1969 c.356 �3; 1973 c.612 �23; 1977 c.855 �11; 1981 c.544 �16; 1987 c.413 �18; 1989 c.357 �2; 1997 c.865 �11; 1999 c.849 ��87,88; 2003 c.75 �37; 2011 c.597 �205; 2015 c.86 �1; 2025 c.109 �1]

�� 462.408 Recovery of owed amounts. The Attorney General, at the request of the Oregon Racing Commission, shall bring an action in a court of competent jurisdiction to recover:

�� (1) Costs described in ORS 462.405 (6) plus reasonable legal fees for the recovery action.

�� (2) An award contained in a final order described in ORS 462.405 (7) plus reasonable legal fees for the recovery action. [2015 c.86 �2]

�� Note: 462.408 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 462 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 462.410 [1953 c.498 �1; repealed by 1969 c.356 �38]

�� 462.415 Animals prohibited from racing; prohibited acts; rules. (1) An animal may not participate in any race if:

�� (a) Less than 24 hours before post time the animal has been administered any drug that is prohibited by the Oregon Racing Commission.

�� (b) The animal possesses in its system, on race day, either prior to or at the time of the race any drug detected by any of the testing methods approved by the commission or customarily employed in the testing of urine, saliva, blood or other samples from racing animals.

�� (c) The animal�s performance was stimulated, depressed or otherwise affected in any manner by use prior to or during the race of any electrical, mechanical or other device not sanctioned by the commission.

�� (d) The animal fails to satisfy all of the conditions of the race prescribed by the racing secretary.

�� (2) A person may not enter or allow to be entered in any race any animal if the person knows, or by exercise of reasonable diligence should have known, that its participation is prohibited under subsection (1) of this section.

�� (3) A trainer, upon entering an animal and allowing it to participate in a race, represents that the animal is in a fit condition and that its participation is not prohibited under subsection (1) of this section. The trainer is responsible for and the absolute insurer of the condition of the animal regardless of the acts of third parties.

�� (4) An animal that participates in violation of subsection (1) of this section shall be disqualified and the order of finish revised. If the animal is disqualified, its owner may not share or participate in any purse, earnings, trophies or other emoluments of the race. Any revision in the order of finish after a race has been declared �official� by the stewards does not affect the mutuel payoff to the public.

�� (5) Notwithstanding this section or any other section in this chapter, the commission may, by rule, adopt a medication program subject to commission control and supervision that it finds to be in the best interest of racing. Notification to the public that an animal is currently using a drug shall be left to the discretion of the commission.

�� (6) Testing of samples from racing animals may be performed only at laboratory facilities certified by the commission as having the capability to provide timely, accurate test results.

�� (7) Notwithstanding any other provision of this chapter, the commission, by rule, may adopt tolerances for medication, or residues thereof, that may be detected through tests approved under subsection (6) of this section. [1969 c.356 �4; 1975 c.550 �8; 1977 c.855 �12; 1989 c.357 �3; 1991 c.472 �1; 2007 c.431 �1]

�� 462.417 Schedule of purses to have prior approval of commission. The schedule of purses to be paid during a race meet, including the number of animals sharing in the purse of a race, shall be fair and reasonable. The purse schedule must be submitted to and approved by the Oregon Racing Commission prior to commencement of the race meet. [1969 c.356 �2]

�� 462.420 Stimulating or depressing participating animal prohibited. No person shall stimulate or depress any animal involved in any race or otherwise affect in any way the animal�s ability to perform therein, either prior to or during a race, by the administration of drugs or by the use of any electrical device or equipment or by any mechanical or other device not sanctioned by the Oregon Racing Commission. [1953 c.498 �3; 1969 c.356 �30]

�� 462.430 Prohibitions concerning influencing results of races. (1) No person shall influence or conspire or attempt to influence or conspire with any other person to affect the result of any race in which an animal participates by stimulating or depressing any animal involved in such race or otherwise affecting in any way the animal�s ability to perform therein, either prior to or during a race, through the administration of any drug to such animal, or by the use of any electrical device or equipment or by any mechanical or other device not sanctioned by the Oregon Racing Commission.

�� (2) Possession, within the confines of a race course, of any electrical device or equipment or of any mechanical or other device not sanctioned by the commission, either prior to, during or after a race, by a person associating with a racing animal, shall be deemed as attempting to affect the result of any race.

�� (3) No person shall possess, transport or use, within the confines of a race course, any syringe or needle used for medication purposes or any electrical, mechanical or other device, unless sanctioned by the commission or the stewards, which could affect the racing performance of an animal. [1953 c.498 �2; 1969 c.356 �31; 1977 c.855 �13]

�� 462.440 [1953 c.498 �4; repealed by 1969 c.356 �38]

�� 462.450 Regulation of possession, transportation or use of drugs at race course. (1) No person shall possess, transport or use any drug within the confines of a race course, except upon a bona fide veterinarian�s prescription with a complete statement of the uses and purposes of such prescription upon the container of such prescription.

�� (2) A copy of such prescription shall be filed with the Oregon Racing Commission veterinarian of the race meet, and such prescription shall be used only with the approval of the said commission veterinarian. [1953 c.498 �7; 1969 c.356 �32; 1975 c.549 �16; 1979 c.698 �14]

�� 462.460 Racing animal under name or designation other than registered name or designation or altering license prohibited. (1) No person shall knowingly enter or race any animal in any race under any name or designation other than that name or designation assigned to such animal by and registered with such club or association or other governing body recognized by the Oregon Racing Commission for such purpose.

�� (2) No person shall knowingly alter, modify or change any license issued by the commission, or knowingly possess any license issued by the commission which has been altered, modified or changed.

�� (3) No person shall knowingly aid, abet, counsel, instigate, engage in or in any way further any act by which a license issued by the commission is altered, modified or changed. [1953 c.498 �5; 1981 c.544 �17]

�� 462.470 Aiding or abetting racing of animal under name or designation other than registered name or designation prohibited. No person shall aid, abet, counsel, instigate, engage or in any way further any act by which any animal is entered or raced in any race under any name or designation other than that name or designation assigned to such animal by and registered with such club or association or other governing body recognized by the Oregon Racing Commission for such purpose. [1953 c.498 �6]

�� 462.510 Demand or acceptance of compensation for furnishing racing information as touting; how predictions on race outcome may be sold. (1) Any person who attempts to, or does persuade, procure or cause another person to wager on an animal participating in a race, and upon which money is wagered, and who asks or demands, or accepts compensation as a reward for information or purported information given in such case is a tout, and is guilty of touting.

�� (2) Predictions on the outcome of horse races and greyhound races may be sold on the licensee�s premises in accordance with rules promulgated by the Oregon Racing Commission. [1953 c.499 �1; 1975 c.549 �17]

�� Note: The amendments to 462.510 by section 17, chapter 26, Oregon Laws 2025, become operative July 1, 2027. See section 19, chapter 26, Oregon Laws 2025. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 462.510. (1) Any person who attempts to, or does persuade, procure or cause another person to wager on an animal participating in a race, and upon which money is wagered, and who asks or demands, or accepts compensation as a reward for information or purported information given in such case is a tout, and is guilty of touting.

�� (2) Predictions on the outcome of horse races may be sold on the licensee�s premises in accordance with rules promulgated by the Oregon Racing Commission.

�� 462.520 Penalty for falsely using name of racing official as source of information in commission of touting. Any person who in the commission of touting falsely uses the name of any official of the Oregon Racing Commission, its inspectors or attaches, or of any official of any race track association, or the names of any owner, trainer, jockey or other person licensed by the commission as the source of any information or purported information is guilty of a misdemeanor. [1953 c.499 �2; 1969 c.356 �33]

�� 462.530 [1953 c.499 �4; repealed by 1969 c.356 �38]

OFF-RACE COURSE MUTUEL WAGERING; MULTI-JURISDICTIONAL OPERATIONS

�� 462.700 Authorization; procedure. In addition to mutuel wagering authorized by this chapter to be conducted upon the premises of a race course, a race meet licensee may conduct off-race course mutuel wagering in accordance with ORS 462.700 to 462.740 and Oregon Racing Commission rules. [1987 c.913 �2; 2005 c.72 �3]

�� 462.710 Application; contents; conditions; revocation of authority. (1) Any race meet licensee may make written application to the Oregon Racing Commission to conduct off-race course mutuel wagering:

�� (a) On races held at the licensee�s race course; or

�� (b) On races held at race courses outside this state.

�� (2) The application shall be in such form, shall contain such information and shall be submitted at such time and in such manner as the commission may require. Information required by the commission may include, but is not limited to, a description of the facilities, equipment and method of operation whereby the applicant proposes to conduct off-race course mutuel wagering activities.

�� (3) The commission shall authorize off-race course mutuel wagering upon such terms and conditions regarding the time, location and manner of operation as the commission considers appropriate. The commission may not authorize more than 20 locations for off-race course mutuel wagering to be in operation at any one time and shall permit off-race course mutuel wagering only at an authorized location. The commission may not authorize the conduct of off-race course mutuel wagering at any time or place or in any manner that the commission determines would have substantial adverse impact upon mutuel wagering on races held at a race course in this state. The commission may not authorize a race meet licensee to conduct off-race course mutuel wagering within the boundaries of any city or county that has adopted an ordinance prohibiting the conduct of that activity within the city or county. The commission may not authorize a race meet licensee to conduct off-race course mutuel wagering in any county with a population of less than 250,000 at a location that is within 40 miles of any other location where another race meet licensee is conducting a live race meet without written consent of the live race meet licensee.

�� (4) In addition to other grounds provided in this chapter, the commission may refuse to issue or renew or may revoke or suspend the license of any race meet licensee, or any employee thereof, for failure to comply with ORS 462.700 to 462.740 or commission rules.

�� (5) If a race meet licensee proposes to conduct off-race course mutuel wagering at a physical facility separate from the race course:

�� (a) Individuals working at the separate facility must obtain a license for such employment from the commission if the individuals are performing duties for which a license would be required if the duties were performed at a race course. The fee for any such license shall be the same as the fee for the license required if the individual were working at a race course.

�� (b) ORS 462.080,

ORS 190.600

190.600]

�� 221.894 [1955 c.561 �1; repealed by 1957 c.241 �1]

�� 221.896 [1955 c.561 �2; repealed by 1957 c.241 �1]

�� 221.898 [1955 c.561 �3; repealed by 1957 c.241 �1]

�� 221.900 [1955 c.561 �4; repealed by 1957 c.241 �1]

THE 1893 INCORPORATION ACT

�� 221.901 Cities organized under 1893 Act; officers; �city� defined for ORS 221.901 to 221.928. (1) The officers of every municipal corporation organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be a mayor, six alderpersons, a recorder, who shall be ex officio clerk of the common council, a marshal, a treasurer and such subordinate officers as are provided in ORS 221.902.

�� (2) Unless the context indicates otherwise, �city� as used in ORS 221.901 to 221.928 includes any area or territory incorporated under sections 1 to 6, pages 119 to 123, Oregon Laws 1893. [Amended by 2003 c.14 �104]

�� 221.902 City officers; elective; appointive; terms. (1) The mayor, alderpersons, recorder, treasurer, and marshal of a municipal corporation organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be elected to two-year terms by the electors of the city. Each term of office commences on the first Monday in January next following the general election and expires on the day immediately preceding the first Monday in January next following the subsequent general election.

�� (2) The council may appoint an attorney, a superintendent of streets, a civil engineer, a municipal judge and police and other subordinate officers, and fix their compensation. These officers shall hold office during the pleasure of the council. [Amended by 1981 c.173 �8; 1983 c.350 �29; 1999 c.788 �53; 2003 c.14 �105]

�� 221.903 Bond and oath of officers. The recorder, treasurer and marshal mentioned in ORS 221.902 shall, before entering upon the duties of their respective offices, each execute a bond to the city in such penal sum as the council by ordinance may determine upon, conditioned for the faithful performance of duties, including in the same bond the duties of all offices of which the recorder, treasurer or marshal is ex officio incumbent under ORS 221.901 to 221.928. The bond shall be approved by the council before the officer enters upon the discharge of duties. The bonds when approved shall be filed with the recorder, except the bond of the recorder, which shall be filed with the mayor. All the provisions of any law of this state relating to official bonds of officers shall apply to such bonds, except as otherwise provided in ORS 221.901 to 221.928. Every officer of the city, before entering upon the duties of office, shall take and file with the recorder an oath to honestly and faithfully discharge the duties of office, and that the officer will support the laws and Constitution of this state and of the United States to the best of the ability of the officer.

�� 221.904 Vacancies. (1) The council shall fill any vacancy occurring in any of the offices provided for in ORS 221.902 by appointment.

�� (2) If the office is elective, the appointee shall hold office until the first Monday in January after the general election next following the appointment. At the general election next following the appointment, a person shall be elected to serve any remaining portion of the term. A person elected under this subsection shall take office on the first Monday in January after the election.

�� (3) If a council member is absent for three consecutive meetings without permission of the council, the council shall declare the office vacant and fill the office by appointment. [Amended by 1983 c.350 �30]

�� 221.905 Compensation of city officers. The mayor and alderpersons mentioned in ORS 221.902 shall receive no compensation whatever for their services as such officers. The recorder, treasurer, marshal, police and other subordinate officers shall severally receive at stated times compensation to be fixed by ordinance by the council, which compensation shall not be increased nor diminished after their election, or during their several terms of office. Nothing contained in this section shall be construed to prevent the council from fixing several amounts of compensation, in the first instance, during the term of office of any such officer after the election of the officer. The compensation of all other officers shall be fixed from time to time by ordinance, duly passed by the council. [Amended by 2003 c.14 �106]

�� 221.906 Election procedure generally. All elections in a city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be governed by ORS chapters 246 to 260. [Amended by 1983 c.350 �31]

�� 221.907 Eligibility for office. No person shall be eligible to or hold any elective or appointive office in a city referred to in ORS 221.906 unless the person is a resident and an elector of the city. [Amended by 1983 c.83 �22]

�� 221.908 Council meetings; notice; place of meetings. The council shall meet the second Tuesday in January succeeding each general municipal election and take the oath of office. The council shall hold regular meetings at least once in each month at such times as the council shall fix by ordinance. Special meetings may be called at any time by the mayor or by three councillors, by written notice delivered to each member then present within the city at least three hours before the time specified for the proposed meeting, which notice shall specify the object and purpose of such special meeting. No other business shall be transacted at any special meeting than that named in said notice and appurtenant thereto. All meetings of the council shall be public and held within the corporate limits of the city at such place as may be designated by ordinance. [Amended by 2003 c.14 �107]

�� 221.909 Council meetings; attendance; records. At any meeting of the council a majority of the councillors shall constitute a quorum for the transaction of business. A less number may adjourn from time to time, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The mayor shall preside at all meetings of the council when present, and in case of the absence of the mayor the council may appoint a mayor pro tempore. In case of the absence of the recorder, the mayor or presiding officer pro tempore shall appoint one of the members of the council recorder pro tempore. The person appointed to act as presiding officer during the absence of the mayor shall not be required to take the oath of office, but the records of the council shall show who is appointed to serve pro tempore at any meeting. [Amended by 2003 c.14 �108]

�� 221.910 Council to judge qualifications of members. The council shall judge the qualifications of its members. [Amended by 1983 c.350 �32]

�� 221.911 Rules on council�s granting franchise or payment of money. No ordinance or resolution granting any franchise for any purpose shall be passed by the council on the day of its introduction nor within five days thereafter, nor at any other than a regular meeting. No resolution or order for the payment of money shall be passed at any other time than at a regular meeting. No such ordinance, resolution or order shall have any validity, unless passed by the votes of at least three councillors. In case all the councillors are present and equally divided upon any question, the mayor shall have the deciding vote. [Amended by 2003 c.14 �109]

�� 221.912 Procedures applicable to ordinances. The enacting clause of all ordinances shall be as follows: �Be it ordained by the common council of the city or town (as the case may be) of ______.� Every ordinance shall be signed by the mayor, or passed over the veto of the mayor, and attested by the recorder. A copy of the ordinance shall be published at least once in a newspaper published in such city; or, in lieu of such publication, three copies thereof shall be posted in at least three public places therein before it becomes a law.

�� 221.913 Claims against cities; how presented and paid. (1) All claims and demands against any city referred to in ORS 221.906 shall be presented to and audited by the council in accordance with such regulations as it may by ordinance prescribe. Upon the allowance of any such claim or demand, the recorder shall draw a warrant upon the treasurer for the sum, which warrant shall be countersigned by the mayor, and shall specify for what purpose the same is drawn.

�� (2) No claim against the city shall be paid until it is audited and allowed by the council and then only by a warrant drawn upon the treasurer by the recorder, countersigned by the mayor.

�� 221.914 Prosecution for violation of ordinance; place of imprisonment; city liable for expenses. (1) The violation of any ordinance of a city referred to in ORS 221.906 shall be deemed a misdemeanor and may be prosecuted by the authorities of such city in the name of the people of such city, or may be redressed by civil action, suit or proceeding, at the option of said authorities.

�� (2) Any person sentenced to imprisonment for the violation of an ordinance may be imprisoned in the jail of such city; or, if the council by ordinance so prescribes, in the county jail of the county in which such city is situated, in which case the expense of imprisonment shall be a charge in favor of such county and against such city. Before any such person can be imprisoned in the county jail, the consent of the county court shall be first obtained.

�� 221.915 Nuisance defined. Every act or thing done, or anything existing within the limits of any city referred to in ORS 221.906, which is or may be declared by any law of this state or by any ordinance of such city to be a nuisance, hereby is declared to be a nuisance, and shall be considered and treated as such in all actions, suits and proceedings whatsoever, unless such law or ordinance is declared void by a court of competent jurisdiction.

�� 221.916 Powers of common council. (1) The mayor and alderpersons shall compose the common council of any city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893. At any regular council meeting, the common council may:

�� (a) Provide for lighting the streets and furnishing such city and its inhabitants with gas or other lights, and with pure and wholesome water. For such purpose it may construct such water, gas or other works, within or without the city limits, as may be necessary or convenient therefor. It may allow the use of the city streets and alleys to any person, company or corporation who may desire to establish works for supplying the city and inhabitants thereof with such water or lights upon such reasonable terms and conditions as the common council may prescribe.

�� (b) Permit, allow and regulate the laying down of tracks for streetcars and other railroads upon such streets as the common council may designate, and upon such terms and conditions as the common council may prescribe.

�� (c) Allow and regulate the erection and maintenance of poles, or poles and wires, for telegraph, telephone, electric light or other purposes, upon or through the streets, alleys or public grounds of such city.

�� (d) Permit and regulate the use of alleys, streets and public grounds of the city for laying down or repairing gas and water mains, for building and repairing sewers and for erecting gas or other lights.

�� (e) Preserve the streets, lights, side and crosswalks, bridges and public grounds from injury, prevent the unlawful use of the same and regulate their use.

�� (f) Fix the maximum rate of wharfage, rates for gas or other lights, rates for carrying passengers on street railways and water rates. No city shall ever deprive itself of the right through its common council of regulating and adjusting any such rates, so that the same shall be reasonable for the service rendered, at least once in any period of two years.

�� (g) License, tax, regulate, restrain and prohibit barrooms and tippling houses, and all places where spirituous, vinous or malt liquors are sold, or in any manner disposed of contrary to law. No license shall be issued for a lesser sum than that provided by law.

�� (h) Prevent and suppress gaming and gambling houses, and all games of chance, including lotteries and pool selling.

�� (i) Prevent and suppress bawdyhouses, lewd and lascivious cohabitation, opium-smoking houses and places occupied or kept therefor.

�� (j) License, regulate and control any lawful business, trade, occupation, profession or calling, carried on or conducted within the corporate limits of any such city.

�� (k) Suppress and prohibit anything that is injurious to the public morals, public safety or public health of the inhabitants of any such city. The common council may define, suppress and prohibit nuisances of every kind, including those arising out of the receipt, sale or disposal of intoxicating liquor in violation of law.

�� (L) Regulate, suppress and prohibit the running at large within the corporate limits of any and all domestic animals, including fowls, and provide for the impoundment and sale, after notice, of such animals.

�� (m) Exercise any and all police regulations concerning the public morals, public safety, public health and public convenience of the inhabitants of any such city.

�� (n) Provide for the surveying of blocks and streets of the city and for marking the boundary lines of such blocks and streets, and the establishing of grades of the streets, sidewalks and crosswalks.

�� (o) Prevent and punish trespass on real and personal property within the corporate limits of such city.

�� (p) Make bylaws and ordinances not inconsistent with the laws of the United States or of this state to carry into effect the provisions of ORS 221.901 to 221.928.

�� (q) Provide, in addition to such action as may be appropriate to carry into full effect the object to be achieved, for the punishment of persons violating any bylaws or ordinances by fine or imprisonment, or both, and the working of such persons on the city streets or at any other work.

�� (2) Nothing contained in ORS 221.901 to 221.928 shall be so construed as to oust the state courts of jurisdiction to indict or punish persons for offenses against any law of the state committed within the limits of any such city. [Amended by 2003 c.14 �110; 2005 c.22 �165; 2011 c.597 �171]

�� 221.917 Functions and duties of mayor. The mayor is the executive officer of any city referred to in ORS 221.902 and must exercise a careful supervision over its general affairs and subordinate officers. The mayor shall at least once each year state to the council by message the condition, financial and otherwise, of the city, and recommend such measures for the peace, health, improvement and prosperity of the city as the mayor may deem expedient. The mayor shall perform such other duties as may be required by ORS 221.901 to 221.928 or by city ordinances.

�� 221.918 Duties of recorder. The recorder referred to in ORS 221.901 shall keep a journal of the proceedings of the council, and be ex officio assessor, and perform such other duties as required by ORS 221.901 to 221.928 or city ordinances. [Amended by 1999 c.788 �54]

�� 221.919 Powers and duties of marshal; removal from office. The marshal shall be chief of police and shall have control over all police officers when on duty. The marshal shall be a conservator of the peace, and shall arrest all persons guilty of a breach thereof, or of violations of the city ordinances, and take them before the recorder for trial. The marshal shall make and enforce the collection of all delinquent city taxes, as the collection of delinquent county taxes is enforced, and shall perform such other duties as may be required of the marshal by the common council. The marshal may suspend any police officer for negligence or violation of duty until the case may be examined and determined by the council. On complaint being made, charging the marshal with malfeasance or nonfeasance in office, the alderpersons, by a unanimous vote without the concurrence of the mayor, or by a majority vote with the concurrence of the mayor, may remove the marshal from office at any regular meeting, after giving the marshal an opportunity to be heard in the defense of the treasurer, provided they find the charge is true. [Amended by 1991 c.67 �50; 2003 c.14 �111]

�� 221.920 Duties of treasurer. The treasurer, as tax collector, shall collect and receipt for all taxes levied by the council and not returned as delinquent, and shall receive and faithfully keep the funds and moneys of any city referred to in ORS 221.906 and pay out the same as directed by ORS 221.901 to 221.928, or by city ordinances. When required by ordinance, the treasurer shall make and submit to the council a statement of the financial affairs of the city.

�� 221.921 Interest of officers in city contracts. No mayor, council member or any other officer of any city referred to in ORS 221.906, during the period for which the officer is elected, shall be interested in any contract the expenses of which are to be paid out of the city treasury.

�� 221.922 [Repealed by 1983 c.350 �331a]

�� 221.923 [Amended by 1961 c.290 �1; repealed by 2011 c.597 �309]

�� 221.924 Authority to make public improvements. The council may, whenever it deems it expedient, improve the public grounds within any city referred to in ORS 221.906, and establish and open additional streets and alleys therein. The power and authority to improve streets includes the power and authority to construct, improve, pave, repair, and keep in repair, sidewalks and pavements, and to determine and provide everything convenient and necessary concerning such improvements and repairs. [Amended by 1969 c.429 �5]

�� 221.925 Tax deeds; tax warrants. In making a deed for any real property sold for delinquent taxes, it is not necessary to recite or set forth the proceedings prior to the sale, but it is sufficient, if it substantially appears from such deed that the property was sold by virtue of a warrant from any city referred to in ORS 221.906, and the date thereof for delinquent taxes, and the amount thereof, together with the date of the sale and the amount paid thereat by the purchaser. The style of the warrant for the collection of delinquent taxes shall be: �In the name of the city (or town) of ______.� The warrant must require the marshal to forthwith levy upon sufficient property of the person or persons owing such taxes and sell the same in the manner provided by law, and return the proceeds of such sale to the city treasurer and the warrant to the recorder, with the doings of the marshal indorsed thereon, together with the receipts of the city treasurer for the proceeds of such sale as paid to the treasurer. The warrant shall have the force and effect of an execution against real and personal property, and shall be executed in a like manner, except as otherwise provided by law or this section. Real property when sold for delinquent taxes may be redeemed in like manner as real property is redeemed after sale thereof for county or state taxes, and not otherwise. The deed of the purchaser must express the true consideration thereof, which is the amount paid by the purchaser, and the return of the marshal executing the warrant must specify the amount for which each lot or part thereof is sold, and the name of the purchaser.

�� 221.926 Authority to enact ordinances. Every city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, may pass any and all necessary ordinances for the purpose of carrying into force and effect any provisions of ORS 221.901 to 221.928 or any other laws concerning city government.

�� 221.927 Approval or veto of ordinances; proceedings after veto. Upon the passage of any ordinance, the enrolled copy thereof, attested by the recorder, shall be submitted to the mayor by the recorder, and if the mayor approves the same the mayor shall write upon it �Approved,� with the date thereof and sign it with the name of office of the mayor. Thereupon, unless otherwise provided, such ordinance shall become a law and be of force and effect. If the mayor does not approve of the ordinance so submitted, the mayor must, within 10 days from the receipt thereof, return the same to the recorder with the reasons of the mayor for not approving it, and if the mayor does not so return it, such ordinance shall become a law as if the mayor had approved it. Upon the first meeting of the council after the return of an ordinance from the mayor not approved, the recorder shall deliver it to the council, with the message of the mayor, which must be read. The ordinance shall then be put upon its passage again, and if two-thirds of all the members constituting the council, as then provided by law, vote in the affirmative, it shall become a law without the approval of the mayor, and not otherwise.

�� 221.928 Record of ordinances; compilation accepted as evidence. The ordinances passed by any common council or any municipal corporation within this state, organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be recorded in a book to be kept for that purpose by the recorder of any such city. When so recorded, the record so made shall be received in any court of this state as prima facie evidence of the due passage of such ordinance as recorded. When the ordinances of any such city are printed by authority of such municipal corporation, the printed copies thereof shall be received as prima facie evidence that such ordinances as printed and published were duly passed.

�� 221.929 [Repealed by 1953 c.57 �2]

�� 221.930 [Repealed by 1973 c.64 �3]

ORS 192.690

192.690, 469.010 to 469.155, 469.300 to 469.563, 469.990, 757.710 and 757.720;

�� (e) Administer federal and state energy allocation and conservation programs and energy research and development programs and apply for and receive available funds therefor;

�� (f) Be a clearinghouse for energy research to which all agencies shall send information on all energy related research;

�� (g) Prepare contingent energy programs to include all forms of energy not otherwise provided pursuant to ORS 757.710 and 757.720;

�� (h) Maintain an inventory of energy research projects in Oregon and the results thereof;

�� (i) Collect, compile and analyze energy statistics, data and information;

�� (j) Contract with public and private agencies for energy activities consistent with ORS 469.010 and this section;

�� (k) Upon request of the governing body of any affected jurisdiction, coordinate a public review of a proposed transmission line according to the provisions of ORS 469.442; and

�� (L) Advise the Governor on energy-related matters. [1975 c.606 �4; 1981 c.792 �2; 1987 c.200 �4; 1993 c.569 �2; 1995 c.551 �3; 1999 c.934 �5; 1999 c.1043 �9; 2003 c.186 �1; 2013 c.656 �7]

�� 469.040 Director; duties; appointment; rules. (1) The State Department of Energy shall be under the supervision of the Director of the State Department of Energy, who shall:

�� (a) Supervise the day-to-day functions of the State Department of Energy;

�� (b) Supervise and facilitate the work and research on energy facility siting applications at the direction of the Energy Facility Siting Council;

�� (c) Hire, assign, reassign and coordinate personnel of the State Department of Energy, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law; and

�� (d) Adopt rules and issue orders to carry out the duties of the director and the State Department of Energy in accordance with ORS chapter 183 and the policy stated in ORS 469.010.

�� (2) The director may delegate to any officer or employee the exercise and discharge in the director�s name of any power, duty or function of whatever character vested in the director by law. The official act of any person acting in the director�s name and by the director�s authority shall be considered an official act of the director.

�� (3) The director shall be appointed by the Governor, subject to confirmation by the Senate in the manner provided by ORS 171.562 and 171.565. [1975 c.606 �5; 1985 c.593 �1; 1993 c.496 �3; 1995 c.551 �4; 1999 c.934 �6; 1999 c.1043 �10; 2003 c.186 �3; 2017 c.314 �1]

�� 469.050 Limitations on subsequent employment of director; sanctions. (1) A person who has been the Director of the State Department of Energy shall not, within two years after the person ceases to be the director, be an employee of:

�� (a) An owner or operator of an energy facility;

�� (b) An applicant for a site certificate; or

�� (c) Any person who engages in the sale or manufacture of any energy resource or of any major component of an energy facility in Oregon.

�� (2) Employment of any individual in violation of subsection (1)(a) or (b) of this section shall be grounds for the revocation of any license issued by this state or any agency thereof and held by the person that employs such individual. [1975 c.606 ��6,7]

�� 469.055 Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Department of Energy may require the fingerprints of a person who:

�� (1)(a) Is employed or applying for employment by the department; or

�� (b) Provides services or seeks to provide services to the department as a contractor or volunteer; and

�� (2) Is, or will be, working or providing services in a position:

�� (a) In the Hanford nuclear safety program;

�� (b) In which the person conducts energy audits in schools, colleges, universities or medical facilities;

�� (c) In the budget and finance section of the department;

�� (d) That has personnel or human resources functions as one of the position�s primary responsibilities;

�� (e) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

�� (f) In which the person has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers or criminal background information; or

�� (g) In which the person has access to tax or financial information about individuals or business entities or processes tax credits. [2005 c.730 �7]

�� Note: 469.055 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.059 Biennial comprehensive report; contents; compilation; public comment. (1) No later than November 1 of every even-numbered year, the State Department of Energy shall transmit to the Governor and the Legislative Assembly a comprehensive report on energy resources, policies, trends and forecasts in Oregon. The purposes of the report shall be to inform local, state, regional and federal energy policy development, energy planning and energy investments, and to identify opportunities to further the energy policies stated in ORS 469.010 and 469.310.

�� (2) Consistent with the legislatively approved budget, the report shall include, but need not be limited to, data and information on:

�� (a) The consumption, generation, transmission and production of energy, including fuel energy;

�� (b) Energy costs;

�� (c) Energy sectors, markets, technologies, resources and facilities;

�� (d) Energy efficiency and conservation;

�� (e) The effects of energy use, including effects related to greenhouse gas emissions;

�� (f) Local, state, regional and federal regulations, policies and planning activities related to energy; and

�� (g) Emerging energy opportunities, challenges and impacts.

�� (3) The report may include, but need not be limited to:

�� (a) Recommendations for the development and maximum use of cost-effective conservation methods and renewable resources, consistent with the energy policies stated in ORS 469.010 and 469.310 and, where appropriate, the energy plan and fish and wildlife program adopted by the Pacific Northwest Electric Power and Conservation Planning Council pursuant to P.L. 96-501; and

�� (b) Recommendations for proposed research, development and demonstration projects and programs necessary to further the energy policies stated in ORS 469.010 and

ORS 194.030

194.030); 1983 c.393 �17; 1989 c.976 �10; 2001 c.63 �1; repealed by 2013 c.219 �61]

�� 194.040 [Amended by 1967 c.541 �9; 1983 c.393 �18; 1989 c.976 �11; 2011 c.359 �7; repealed by 2013 c.219 �61]

�� 194.043 [1989 c.976 �5; repealed by 2013 c.219 �61]

�� 194.045 [1969 c.394 ��2,3,4; 1977 c.641 �1; 1983 c.393 �19; 1989 c.976 �16; repealed by 2005 c.68 �1]

�� 194.047 [1989 c.976 �13; repealed by 2013 c.219 �61]

�� 194.050 [Amended by 1961 c.498 �3; 1967 c.541 �4; repealed by 1983 c.393 �26]

�� 194.052 [1989 c.976 �14; repealed by 2013 c.219 �61]

�� 194.060 [Repealed by 1967 c.541 �22]

�� 194.063 [1967 c.541 �11; 1977 c.128 �2; 1983 c.393 �21; 1985 c.487 �2; 1989 c.976 �17; 2005 c.733 �4; repealed by 2013 c.219 �61]

�� 194.067 [1967 c.541 �18; repealed by 1989 c.976 �37]

�� 194.070 [Amended by 1967 c.541 �13; 1993 c.545 �123; 2009 c.123 �1; repealed by 2013 c.219 �31 (194.375 enacted in lieu of 194.070)]

�� 194.080 [Repealed by 1967 c.541 �22]

�� 194.090 [Amended by 1967 c.541 �14; 1993 c.545 �124; 2009 c.123 �2; repealed by 2013 c.219 �33 (194.380 enacted in lieu of 194.090)]

�� 194.100 [Amended by 1967 c.541 �15; 2009 c.123 �3; repealed by 2013 c.219 �35 (194.385 enacted in lieu of 194.100)]

�� 194.110 [Repealed by 1989 c.976 �37]

�� 194.120 [Amended by 1961 c.498 �4; repealed by 1989 c.976 �37]

�� 194.130 [Amended by 1967 c.541 �19; repealed by 2013 c.219 �37 (194.390 enacted in lieu of 194.130)]

�� 194.140 [Repealed by 1989 c.976 �37]

�� 194.150 [Amended by 1967 c.541 �20; 1985 c.487 �3; repealed by 2013 c.219 �39 (194.395 enacted in lieu of 194.150)]

�� 194.152 [1989 c.976 �15; 2009 c.123 �4; repealed by 2013 c.219 �61]

�� 194.154 [1989 c.976 �19; repealed by 2013 c.219 �61]

�� 194.156 [1989 c.976 �20; repealed by 2013 c.219 �61]

�� 194.158 [1989 c.976 ��21,22; repealed by 2013 c.219 �61]

�� 194.160 [Amended by 1967 c.541 �16; repealed by 1989 c.976 �37]

�� 194.162 [1989 c.976 �23; repealed by 2013 c.219 �61]

�� 194.164 [1989 c.976 �24; 1997 c.631 �424; 2009 c.338 �2; repealed by 2013 c.219 �41 (194.400 enacted in lieu of 194.164)]

�� 194.166 [1989 c.976 �25; 2009 c.123 �5; 2009 c.338 �3; repealed by 2013 c.219 �61]

�� 194.168 [1989 c.976 �26; repealed by 2013 c.219 �61]

�� 194.170 [Amended by 1983 c.393 �20; repealed by 1989 c.976 �37]

�� 194.180 [1961 c.91 �1; repealed by 1971 c.250 �1]

�� 194.190 [1983 c.506 �3; repealed by 1989 c.976 �37]

�� 194.200 [1983 c.506 �4; 1989 c.976 �29; repealed by 2013 c.219 �43 (194.405 enacted in lieu of 194.200)]

REVISED UNIFORM LAW ON NOTARIAL ACTS

�� 194.205 Short title. This chapter may be cited as the Revised Uniform Law on Notarial Acts. [2013 c.219 �1]

�� 194.210 [Repealed by 1969 c.394 �5]

�� 194.215 Definitions. As used in this chapter:

�� (1) �Acknowledgment� means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the person identified in the record.

�� (2) �Clerk of a court of this state� means:

�� (a) The clerk, deputy clerk or court administrator of the Supreme Court, the Court of Appeals or the Oregon Tax Court;

�� (b) The trial court administrator or any other nonjudicial officer or employee of the circuit court for a county who is authorized by the presiding judge for the judicial district; or

�� (c) A nonjudicial officer or employee of a municipal court who is authorized by a judge of the municipal court.

�� (3) �Commercial paper� means instruments that are within the scope of ORS chapter 73, including drafts, checks, certificates of deposit and notes.

�� (4) �Electronic� means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

�� (5) �Electronic signature� means an electronic symbol, sound or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.

�� (6) �In a representative capacity� means acting as:

�� (a) An authorized officer, agent, partner, trustee or other representative of a person other than an individual;

�� (b) A public officer, personal representative, guardian, conservator, trustee or other representative, in the capacity stated in a record;

�� (c) An agent of or attorney-in-fact for a principal; or

�� (d) An authorized representative of another in any other capacity.

�� (7) �Judge� means:

�� (a) Any judge of the circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court, any Oregon Tax Court magistrate, any justice of the peace or municipal judge or any county judge who exercises judicial functions; or

�� (b) Any judge or justice of the peace pro tempore.

�� (8) �Notarial act� means:

�� (a) Taking an acknowledgment;

�� (b) Administering an oath or affirmation;

�� (c) Taking a verification on oath or affirmation;

�� (d) Witnessing or attesting a signature;

�� (e) Certifying or attesting a copy;

�� (f) Making, noting or recording a protest of a negotiable instrument; or

�� (g) Any other act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state.

�� (9) �Notarial officer� means a notary public or other individual authorized to perform a notarial act.

�� (10) �Notary public� means an individual commissioned to perform a notarial act by the Secretary of State.

�� (11) �Oath� and �affirmation� mean a notarial act or part of a notarial act in which a notary public certifies that a person made a vow in the presence of the notary public on penalty of perjury.

�� (12) �Official stamp� means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record.

�� (13) �Person� means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

�� (14) �Record� means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

�� (15) �Sign� means, with present intent to authenticate or adopt a record:

�� (a) To execute or adopt a tangible symbol; or

�� (b) To attach to or logically associate with the record an electronic symbol, sound or process.

�� (16) �Signature� means a tangible symbol or an electronic signature that evidences the signing of a record.

�� (17) �Stamping device� means:

�� (a) A physical device capable of affixing to a tangible record an official stamp; or

�� (b) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp.

�� (18) �State� means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

�� (19) �Verification on oath or affirmation� means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. [2013 c.219 �2]

�� 194.220 [Repealed by 1969 c.394 �5]

�� 194.225 Authority to perform notarial act. (1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter.

�� (2) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer�s spouse is a party, or in which either the officer or the officer�s spouse has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.

�� (3) A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record. [2013 c.219 �3; 2020 s.s.1 c.12 ��21,22; 2021 c.344 �1]

�� 194.230 Requirements for certain notarial acts. (1) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

�� (2) A notarial officer who takes a verification on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the declaration has the identity claimed and that the signature on the record containing the statement verified is the signature of the individual.

�� (3) A notarial officer who witnesses or attests a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

�� (4) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.

�� (5) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in ORS 73.0505. [2013 c.219 �4]

�� 194.235 Personal appearance required. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer. [2013 c.219 �5]

�� 194.240 Identification of individual. (1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

�� (2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:

�� (a) By means of:

�� (A) A United States passport or an officially recognized passport of a foreign country, or a driver license or identification card issued under ORS 807.400 or a comparable provision in another state, that is current or that expired not more than three years before performance of the notarial act; or

�� (B) A military identification card, an identity card issued by a federally recognized Indian tribe or other document issued by the federal government or a state, county or local government that is current or that expired not more than three years before performance of the notarial act and that contains the signature and a photograph of the individual;

�� (b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of:

�� (c) Positively by examination or comparison of official government documents or records if the individual is confined in a correctional facility.

�� (3) A notarial officer may require an individual to provide additional information or identification credentials necessary to confirm the identity of the individual. [2013 c.219 �6]

�� 194.245 Authority to refuse to perform notarial act. (1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:

�� (a) The individual executing the record is competent or has the capacity to execute the record;

�� (b) The individual�s signature is knowingly and voluntarily made; or

�� (c) The individual has provided sufficient information or identification credentials necessary to confirm the identity of the individual.

�� (2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter. [2013 c.219 �7]

�� 194.250 Signature if individual unable to sign. If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual�s name on the record. The notarial officer shall insert �Signature affixed by (name of other individual) at the direction of (name of individual)� or words of similar import. [2013 c.219 �8]

�� 194.255 Notarial act in this state. (1) A notarial act may be performed in this state by:

�� (a) A notary public;

�� (b) A judge of this state or a clerk of a court of this state;

�� (c) A county clerk or county employee with recording responsibilities designated by the county; or

�� (d) Any other individual authorized by the law of this state to perform the notarial act.

�� (2) Notarial acts performed under ORS 194.260, 194.265, 194.270 or 194.275 have the same effect as if performed by a notarial officer of this state.

�� (3) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� (4) The signature and title of a notarial officer described in subsection (1) of this section conclusively establish the authority of the officer to perform the notarial act. [2013 c.219 �9]

�� 194.260 Notarial act in another state. (1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in the other state is performed by:

�� (a) A notary public of the other state;

�� (b) A judge of the other state or a clerk of a court of the other state; or

�� (c) Any other individual authorized by the law of the other state to perform the notarial act.

�� (2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� (3) The signature and title of a notarial officer described in subsection (1) of this section conclusively establish the authority of the officer to perform the notarial act. [2013 c.219 �10]

�� 194.265 Notarial act under authority of federally recognized Indian tribe. (1) A notarial act performed under the authority of and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:

�� (a) A notarial officer of the tribe;

�� (b) A judge of the tribe or a clerk of a court of the tribe; or

�� (c) Any other individual authorized by the law of the tribe to perform the notarial act.

�� (2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� 194.270 Notarial act under federal authority. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:

�� (a) A judge or a clerk of a court;

�� (b) An individual in military service, or performing duties under the authority of the military service, who is authorized to perform notarial acts under federal law;

�� (c) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or

�� (d) Any other individual authorized by federal law to perform the notarial act.

�� (2) The signature and title of an individual performing a notarial act under federal authority are prima facie evidence that the signature is genuine and that the individual holds the designated title.

�� (3) The signature and title of an individual described in subsection (1) of this section conclusively establish the authority of the individual to perform the notarial act. [2013 c.219 �12]

�� 194.275 Foreign notarial act. (1) As used in this section, �foreign state� means a government other than the United States, a state or a federally recognized Indian tribe.

�� (2) If a notarial act is performed under the authority of and in the jurisdiction of a foreign state or a constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.

�� (3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

�� (4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and the individual holds the designated title.

�� (5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.

�� (6) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. [2013 c.219 �13]

�� 194.277 Notarial act performed for remotely located individual; rules. (1) As used in this section:

�� (a) �Communication technology� means an electronic device or process that:

�� (A) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and

�� (B) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a visual, hearing or speech impairment.

�� (b) �Foreign state� means a jurisdiction other than the United States, a state or a federally recognized Indian tribe.

�� (c) �Identity proofing� means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

�� (d) �Outside the United States� means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States.

�� (e) �Remotely located individual� means an individual who is not in the physical presence of the notary public who performs a notarial act under subsection (3) of this section.

�� (2) A remotely located individual may comply with ORS 194.235 by using communication technology to appear before a notary public.

�� (3) A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:

�� (a) The notary public:

�� (A) Has personal knowledge under ORS 194.240 (1) of the identity of the remotely located individual;

�� (B) Has satisfactory evidence of the identity of the remotely located individual by a verification on oath or affirmation from a credible witness appearing before and identified by the notary public as a remotely located individual under this section or in the physical presence of the notary public under ORS 194.240 (2); or

�� (C) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing;

�� (b) The notary public is reasonably able to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;

�� (c) The notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act; and

�� (d) For a remotely located individual who is located outside the United States:

�� (A) The record:

�� (i) Is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States; or

�� (ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and

�� (B) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.

�� (4) If a notarial act is performed under this section, the certificate of notarial act required by ORS 194.280 and the short form certificate provided in ORS 194.285 must indicate that the notarial act was performed using communication technology.

�� (5) A short form certificate provided in ORS 194.285 for a notarial act subject to this section is sufficient if it:

�� (a) Complies with rules adopted under subsection (8)(a) of this section; or

�� (b) Is in the form provided in ORS 194.285 and contains a statement substantially as follows: �This notarial act involved the use of communication technology.�

�� (6) A notary public, a guardian, conservator, trustee or agent of a notary public, or a personal representative of a deceased notary public shall retain the audiovisual recording created under subsection (3)(c) of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (8)(d) of this section, the recording must be maintained for a period of at least 10 years after the recording is made.

�� (7) Before a notary public performs the notary public�s initial notarial act under this section, the notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the Secretary of State has established standards under subsection (8) of this section or ORS 194.360 for approval of communication technology or identity proofing, the communication technology and identity proofing used by the notary public must conform to those standards.

�� (8) In addition to adopting rules under ORS 194.360, the Secretary of State may adopt rules under this section regarding the performance of a notarial act. The rules may:

�� (a) Prescribe the means of performing a notarial act involving a remotely located individual using communication technology;

�� (b) Establish standards for communication technology and identity proofing;

�� (c) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and

�� (d) Establish standards and a period for the retention of an audiovisual recording created under subsection (3)(c) of this section.

�� (9) Before adopting, amending or repealing a rule governing the performance of a notarial act with respect to a remotely located individual, the Secretary of State shall consider:

�� (a) The most recent standards regarding the performance of a notarial act with respect to a remotely located individual promulgated by national standard-setting organizations and the recommendations of the National Association of Secretaries of State;

�� (b) Standards, practices and customs of other jurisdictions that have laws substantially similar to this section; and

�� (c) The views of governmental officials and entities and other interested persons. [2020 s.s.1 c.12 �20]

�� 194.280 Certificate of notarial act. (1) A notarial act must be evidenced by a certificate. The certificate must:

�� (a) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State;

�� (b) Identify the jurisdiction in which the notarial act is performed;

�� (c) Contain the title of office of the notarial officer;

�� (d) Contain the name of the person for whom the notarial act is performed; and

�� (e) If the notarial officer is a notary public, indicate the date of expiration, if any, of the officer�s commission.

�� (2) The notarial officer may subsequently correct any information included on or omitted from the certificate.

�� (3) Except as provided in subsection (8) of this section, if a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act regarding a tangible record is performed by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be affixed to the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection (1)(a) to (d) of this section, an official stamp may be attached to or logically associated with the certificate.

�� (4) A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) to (3) of this section and:

�� (a) Is in a short form set forth in ORS 194.285;

�� (b) Is in a form otherwise permitted by the law of this state;

�� (c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or

�� (d) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in ORS 194.230, 194.235 and

ORS 195.115

195.115;

�� (b) Provide a cash match of at least 40 percent of the project�s costs; and

�� (c) Provide any other information required by the commission.

�� (3) Notwithstanding subsection (2) of this section, by rule, the commission may reduce the amount the applicant must provide for a cash match.

�� (4) The commission shall prioritize the expenditure of funds as authorized under this section for projects that are located within a two-mile radius of a school that serves students in prekindergarten, kindergarten or grades 1 through 12, or any combination of those grade levels.

�� (5) The matching grants shall be used to reduce barriers and hazards to children walking or bicycling to and from school, including but not limited to safety improvement projects that:

�� (a) Improve sidewalks;

�� (b) Reduce vehicle speeds;

�� (c) Improve pedestrian and bicycle crossings; or

�� (d) Create or improve bicycle lanes.

�� (6) The commission may adopt rules specifying the application process and the selection criteria that will be used in awarding matching grants. [2017 c.750 �123; 2023 c.400 �1]

(Day-Use Parking Passes for State Parks)

�� 184.745 Website information on purchase of state park day-use passes. The Department of Transportation and the State Parks and Recreation Department shall work together to add a link from the Department of Transportation website to a State Parks and Recreation Department webpage that provides information about how to purchase day-use parking passes. [2015 c.54 �1]

�� 184.746 Duties of State Parks and Recreation Department. (1) As used in this section, �state agency� means any officer, board, commission, department, division or institution in the executive branch of state government.

�� (2) The State Parks and Recreation Department shall coordinate with the Department of Transportation to make informational brochures, applications and other materials about how to purchase day-use parking passes available at any field office of the Department of Transportation where applications for driver licenses or vehicle registrations are accepted.

�� (3) The State Parks and Recreation Department shall also coordinate with other state agencies to provide website links, informational brochures, applications and other materials about how to purchase day-use parking passes. [2015 c.54 �2]

(Design Practices)

�� 184.748 Transportation design practices. The Department of Transportation shall implement transportation design practices that follow the concept of practical design. Practical design standards should incorporate maximum flexibility in application of standards that reduce the cost of project delivery while preserving and enhancing safety and mobility. [Formerly 184.886]

�� 184.750 [1971 c.319 �1; 1977 c.267 �1; 1977 c.661 �3; 1981 c.784 �19; 1985 c.740 �11; 1987 c.320 �144; 1989 c.116 �1; 1991 c.122 �6; 1991 c.402 �4; renumbered 409.010 in 1991]

(Public Transportation Service Providers)

�� 184.751 Statewide Transportation Improvement Fund. (1) The Statewide Transportation Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Statewide Transportation Improvement Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Transportation to finance investments and improvements or to maintain existing public transportation services, except that the moneys may not be used for light rail capital expenses but may be used for light rail operation expenses.

�� (2) The Statewide Transportation Improvement Fund consists of:

�� (a) All moneys received from the tax imposed under ORS 320.550;

�� (b) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly;

�� (c) Moneys transferred to the fund under ORS 184.642, 323.455 or 323.457 (1)(d) and (2)(b);

�� (d) Distribution repayments, if any; and

�� (e) Other moneys deposited in the fund from any source.

�� (3) Unless approved by the department, the moneys in the Statewide Transportation Improvement Fund may not be used to supplant local and regional agency moneys currently directed to public transportation service providers. [2017 c.750 �122L; 2018 c.93 �33; 2020 s.s.1 c.15 �3; 2020 s.s.1 c.15 �4]

�� 184.752 Definitions. As used in ORS 184.752 to 184.766:

�� (1) �Public transportation service provider� includes a qualified entity and a city, county, special district, intergovernmental entity or any other political subdivision or municipal or public corporation that provides public transportation services and is not otherwise described in subsection (2) of this section.

�� (2) �Qualified entity� means the following:

�� (a) Counties in which no part of a mass transit district or transportation district exists;

�� (b) Mass transit districts organized under ORS 267.010 to 267.394;

�� (c) Transportation districts organized under ORS 267.510 to 267.650; and

�� (d) Federally recognized Indian tribes. [2017 c.750 �122m]

�� 184.755 [1971 c.319 �2; 1977 c.267 �2; renumbered 409.100 in 1991]

�� 184.757 [1985 c.740 �2; 1987 c.60 �1; 1989 c.224 �12; 1989 c.834 �10; renumbered 409.410 in 1991]

�� 184.758 Distribution of moneys from Statewide Transportation Improvement Fund; rules. (1) The Oregon Transportation Commission shall distribute the moneys in the Statewide Transportation Improvement Fund established under ORS 184.751 to the Department of Transportation to pay for:

�� (a) Program administration; and

�� (b) Projects of statewide significance that support the transit network and manage the operation of public transportation services.

�� (2) The moneys described in subsection (1) of this section that remain after the distribution of moneys described in subsection (1) of this section shall be distributed as follows:

�� (a) Conditioned upon the commission�s approval of a public transportation improvement plan, 90 percent to qualified entities;

�� (b) Five percent to public transportation service providers based on a competitive grant program adopted by the commission by rule;

�� (c) Four percent to public transportation service providers to provide funding assistance to cover the costs of improving public transportation services between two or more communities; and

�� (d) One percent to the Department of Transportation to establish a statewide public transportation technical resource center, the purpose of which is to assist public transportation service providers in rural areas with technical assistance, training, transportation planning and information technology.

�� (3) A portion of the 90 percent distribution under subsection (2)(a) of this section shall be dedicated to transit services for older adults and individuals with disabilities. Each biennium the commission shall first distribute the moneys transferred to the fund under ORS 184.751 as needed to maintain funding that benefits older adults and individuals with disabilities in the amount distributed during the 2019-2021 biennium. Each biennium thereafter, the commission shall adjust this amount upward or downward based on the rate of growth or decline of the Statewide Transportation Improvement Fund. Moneys dedicated to transit services for older adults and individuals with disabilities under this subsection shall be distributed as follows:

�� (a) Each transportation district and mass transit district shall receive that share of the moneys as the population of the counties in which the district is situated, determined under ORS 190.510 to 190.610 last preceding apportionment of the moneys, bears to the total population of this state. However, if two or more districts are situated in a single county, distribution of moneys under this subsection shall be determined as though only the mass transit district is located in that county or, if there are two or more transportation districts in the county, as though only the transportation district with the highest population is located in that county.

�� (b) Each county in which no part of a mass transit district or transportation district is located shall receive that share of the moneys as its population, determined under ORS 190.510 to 190.610 last preceding apportionment of the moneys, bears to the total population of this state.

�� (c) Each federally recognized Indian tribe shall receive that share of the moneys as the population of the tribe residing in Oregon, determined by the commission by rule, bears to the total population of this state.

�� (4) Each qualified entity under subsection (3) of this section shall receive an annual target amount of $67,700. Each biennium, the commission shall adjust this amount upward or downward based on the rate of growth or decline of the Statewide Transportation Improvement Fund.

�� (5) After a portion of the 90 percent distribution under subsection (2)(a) of this section is distributed to transit services for older adults and individuals with disabilities under subsection (3) of this section, the commission shall distribute the remaining amount to qualified entities as follows:

�� (a) Each distribution must be in such shares that the amount of tax paid, as required under ORS 320.550, in the area of each qualified entity bears to the total amount of the tax paid statewide, provided that each qualified entity receives an annual target amount of $100,000. Each biennium, the commission shall adjust this amount upward or downward based on the rate of growth or decline of the Statewide Transportation Improvement Fund.

�� (b) If more than one mass transit district or transportation district is located within a single county, the commission shall distribute the moneys to the larger district.

�� (6) The commission shall adopt by rule:

�� (a) A competitive grant program, by which a public transportation service provider may apply for a percentage distribution under subsection (2)(b) of this section, and the terms and conditions of grants.

�� (b) A competitive grant program, by which a public transportation service provider may apply for a percentage distribution under subsection (2)(c) of this section, and the terms and conditions of grants.

�� (c) A process to review and approve a public transportation improvement plan submitted under subsection (7) of this section.

�� (d) Procedures for appealing a rejection of a public transportation improvement plan submitted under subsection (7) of this section.

�� (e) Any other provisions or procedures that are necessary for the commission to carry out the provisions of ORS 184.758 to 184.766.

�� (7) To be eligible to receive a percentage distribution under subsection (2)(a) of this section, a qualified entity shall prepare and submit a public transportation improvement plan to the commission. The commission must approve the plan submitted by the qualified entity before the commission may make a percentage distribution to the qualified entity.

�� (8) At a minimum, a public transportation improvement plan submitted under this section must include:

�� (a) For each proposed project, the amount of moneys from the percentage distribution that would be allocated to the project to fund the following:

�� (A) Increased frequency of bus service schedules in communities with a high percentage of low-income households;

�� (B) Procurement of buses that are powered by natural gas or electricity for use in areas with a population of 200,000 or more;

�� (C) Implementation of programs to reduce fares for public transportation in communities with a high percentage of low-income households;

�� (D) Expansion of bus routes and bus services to reach communities with a high percentage of low-income households;

�� (E) Improvement in the frequency and reliability of service connections between communities inside and outside of the qualified entity�s service area;

�� (F) Coordination between public transportation service providers to reduce fragmentation in the provision of transportation services;

�� (G) Implementation of programs to provide student transit services for students in grades 9 through 12; and

�� (H) Services for older adults and people with disabilities;

�� (b) For the current fiscal year, a summary of any plans and project proposals approved by an advisory committee under ORS 184.761; and

�� (c) If a qualified entity was a recipient of a percentage distribution in the preceding fiscal year, the amount of moneys received from the distribution that were allocated to a project for the purposes described under paragraph (a) of this subsection.

�� (9) If practicable, as determined by the commission by rule each qualified entity shall spend at least one percent of the amount received each year under subsection (2)(a) of this section to implement programs to provide student transit services for students in grades 9 through 12.

�� (10) After the commission makes a distribution under subsection (2) of this section, qualified entities may enter into intergovernmental agreements under ORS chapter 190 to combine the moneys received for public transportation improvements.

�� (11) If the commission rejects a public transportation improvement plan or a grant application submitted under this section, the commission shall notify the entity or provider in writing and state the reasons for the rejection.

�� (12) The Department of Transportation shall make all grant applications submitted under this section available to the public. [2017 c.750 �122n; 2018 c.93 �34; 2020 s.s.1 c.15 �5]

�� 184.759 [1985 c.740 �3; 1987 c.60 �2; renumbered 409.420 in 1991]

�� 184.760 [1971 c.319 �3; 1977 c.267 �8; renumbered 409.130 in 1991]

�� 184.761 Review process; advisory committees; rules. (1) The governing body of each qualified entity shall appoint an advisory committee to advise and assist the governing body in prioritizing plans or projects to be funded from the moneys received from a percentage distribution under ORS 184.758 to public transportation service providers that provide services within the jurisdiction of the qualified entity.

�� (2) Before receiving funding for a project under ORS 184.758 (2)(a), a public transportation service provider that provides services shall submit a plan or project proposal to the governing body of the qualified entity and receive the advisory committee�s approval of the plan or project proposal. The plans or project proposals submitted under this subsection must describe how the funds would be used. Client-only projects, as defined by the Oregon Transportation Commission by rule, may be eligible for consideration if the project is part of a planned and coordinated community transportation program.

�� (3) An advisory committee appointed under this section shall review every plan or project proposal required under subsection (2) of this section and may propose any changes to the policies or practices of the governing body relating to the distribution of funding under ORS 184.758 (2)(a) and that the advisory committee considers necessary to ensure that:

�� (a) A public transportation service provider that has received funding under ORS 184.758 (2)(a) has applied the moneys received in accordance with and for the purposes described in the provider�s plan or project proposal; and

�� (b) A plan or project proposal submitted by a public transportation service provider does not fragment the provision of public transportation services.

�� (4) The Oregon Transportation Commission shall adopt by rule:

�� (a) Requirements for the composition of an advisory committee appointed under this section;

�� (b) Criteria that must be included in a plan or project proposal required under subsection (2) of this section; and

�� (c) A process by which an advisory committee shall review and approve a plan or project proposal.

�� (5) Notwithstanding subsection (1) of this section, the governing bodies of two or more qualified entities may appoint advisory committee members to a joint advisory committee under conditions determined by the commission by rule. [2017 c.750 �122o; 2018 c.93 �42; 2020 s.s.1 c.15 �6]

�� 184.765 [Formerly 176.630; 1977 c.267 �10; renumbered 409.150 in 1991]

�� 184.766 Qualified entities; reports; rules. (1) Every qualified entity that receives a percentage distribution under ORS

ORS 195.505

195.505.

�� (b)(A) �Keeping warm and dry� means using measures necessary for an individual to survive outdoors given the environmental conditions.

�� (B) �Keeping warm and dry� does not include using any measure that involves fire or flame.

�� (c) �Public property� has the meaning given that term in ORS 131.705.

�� (2) Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.

�� (3) It is an affirmative defense to a charge of violating a city or county law described in subsection (2) of this section that the law is not objectively reasonable.

�� (4) A person experiencing homelessness may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of a city or county law described in subsection (2) of this section. The action must be brought in the circuit court of the county that enacted the law or of the county in which the city that enacted the law is located.

�� (5) For purposes of subsections (2) and (3) of this section, reasonableness shall be determined based on the totality of the circumstances, including, but not limited to, the impact of the law on persons experiencing homelessness.

�� (6) In any suit brought pursuant to subsection (4) of this section, the court, in its discretion, may award reasonable attorney fees to a prevailing plaintiff if the plaintiff:

�� (a) Was not seeking to vindicate an interest unique to the plaintiff; and

�� (b) At least 90 days before the action was filed, provided written notice to the governing body of the city or county that enacted the law being challenged of an intent to bring the action and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.

�� (7) Nothing in this section creates a private right of action for monetary damages for any person. [2021 c.370 �1]

�� Note: 195.530 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MISCELLANEOUS

�� 195.850 Reporting local government boundary changes to certain mass transit districts. If changes in the urban growth boundary of a local government must be included in the boundaries of a mass transit district formed under ORS 267.107, the local government shall provide the mass transit district with a legal description of the urban growth boundary and changes to the urban growth boundary that consists of a series of courses in which the first course starts at a point of beginning and the final course ends at the point of beginning. [2001 c.138 �13b]

�� 195.860 Final engineering plans; deadline for local review; writ of mandamus authorized. (1) As used in this section, �final engineering plans� means the detailed engineering plans and reports for the design or construction of public and private infrastructure improvements that require review and approval following tentative plat approval by a local government before issuing site development permits, including plans and reports for the construction of public and private infrastructure improvements such as grading, water, sewer, stormwater, transportation systems and utilities.

�� (2) After receiving an application for final engineering plans for residential development within an urban growth boundary, a local government shall:

�� (a) Within 30 days, confirm that the application was complete when submitted or specify all additional materials that must be included for the application to be considered complete.

�� (b) Complete the final review of the final engineering plans and, following the receipt of applicable fees, forms and bonds, approve or deny site development permits for construction of all public and private infrastructure improvements, within 120 days after the date on which:

�� (A) The application is deemed complete under paragraph (a) of this subsection;

�� (B) The applicant has provided all materials specified under paragraph (a) of this subsection; or

�� (C) The applicant states that no additional materials are forthcoming.

�� (3) The review period for a local government to complete its review under subsection (2)(b) of this section:

�� (a) Is tolled during the time period beginning on the date on which a local government sends a direction to the applicant to correct or supplement the application and ending on the date on which the amended application is received by the local government.

�� (b) May be extended one or more times for a specified period at the written request of the applicant, provided that the total of all extensions does not exceed 245 days.

�� (4)(a) If the local government does not take final action on the application within the deadline provided under subsection (2)(b) of this section, including any extension under this section, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted.

�� (b) The local government shall retain jurisdiction to make a decision until a petition for a writ of mandamus is filed.

�� (c) Upon receiving a petition filed under ORS 34.130, the circuit court has jurisdiction for all decisions regarding the application, including settlement.

�� (d) The court shall issue a peremptory writ unless the local government or any intervenor shows that the approval of final engineering plans would violate a substantive provision of the local government�s regulations. [2025 c.330 �1]

�� Note: 195.860 becomes operative July 1, 2026. See section 6, chapter 330, Oregon Laws 2025.

�� Note: 195.860 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.870 Battery-charged fence; preemption of local laws. (1) As used in this section:

�� (a) �Alarm system� means any electrical, mechanical or electronic device or sensor used to prevent, detect or alert law enforcement or occupants of burglary, theft, or intrusion of a structure or a vehicle used as a commercial structure.

�� (b) �Battery-charged fence� means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by battery.

�� (c) �IEC standards� means the standards set by the International Electrotechnical Commission as most recently published on or before January 1, 2021.

�� (2) A battery-charged fence:

�� (a) Must use a battery that is not more than 12 volts of direct current;

�� (b) Must produce an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by IEC standards;

�� (c) Must be surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;

�� (d) May not be higher than the greater of 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall; and

�� (e) Must be marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: �WARNING: ELECTRIC FENCE.�

�� (3) Except as required by state building code, a local government, as defined in ORS 197.015, may not adopt or enforce any ordinance, land use regulation or building code for property not zoned or used for residential use that:

�� (a) Prohibits the installation or use of a battery-charged fence.

�� (b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an alarm system or battery-charged fence.

�� (c) Requires a permit for the installation or use of a battery-charged fence that is additional to an alarm system permit issued by the local government. [2022 c.3 �1]

�� Note: 195.870 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.900 Local review of wind energy facility lighting requirements. The governing body of a county or city or its designee may not allow or permit a wind energy facility, as defined in ORS 195.902, unless the person seeking to develop or repower the wind energy facility provides proof that the person is in compliance with the requirements in ORS 195.902 (3)(a). [2025 c.74 �2]

�� Note: Section 3, chapter 74, Oregon Laws 2025, provides:

�� Sec. 3. Sections 1 [195.902] and 2 [195.900] of this 2025 Act apply to any wind energy facility, as defined in section 1 of this 2025 Act, for which a person applies, on or after January 1, 2028, to the Federal Aviation Administration for a determination of hazard or no hazard to air navigation with regard to the wind energy facility. [2025 c.74 �3]

�� Note: 195.900 and 195.902 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.902 Wind energy facility lighting requirements. (1) As used in this section:

�� (a) �Hub height� means the distance from the ground to the middle of a wind-powered turbine�s rotor.

�� (b) �Light-mitigating technology system� means a system approved by the Federal Aviation Administration that is capable of reducing the impact of obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding collision with a structure or facility.

�� (c) �Maintenance� means activities to keep a wind energy facility in an efficient operating condition and that do not add to the value or extend the expected economic life or increase the nameplate capacity or energy output of the facility.

�� (d) �Person� means a developer, owner or operator.

�� (e) �Repower� means to replace all or substantially all of a wind energy facility for the purpose of extending the life of the facility, and the replacement is not part of routine maintenance.

�� (f) �Wind energy facility� means an electric power generating facility that is made up of five or more wind-powered turbines and one or more of the wind-powered turbines:

�� (A) Are required under Federal Aviation Administration regulations to have obstruction lights; or

�� (B) Have an obstruction light and a hub height that is 75 or more feet above the ground level.

�� (2) A wind energy facility may not commence operations or, following repowering, recommence operations unless the person developing or repowering the wind energy facility meets the requirements in subsection (3) of this section.

�� (3)(a) A person developing or repowering a wind energy facility who receives from the Federal Aviation Administration a determination of no hazard to air navigation with regard to the wind energy facility shall apply to the administration and, if applicable, the Federal Communications Commission, for approval for the installation and use of light-mitigating technology systems for the wind energy facility�s wind-powered turbines.

�� (b) If the administration issues a determination that the installation and use of a light-mitigation technology system is not a hazard to air navigation and, as applicable, the commission issues its approval, the person shall install and use light-mitigating technology systems on approved wind-powered turbines. The person shall install and begin using the light-mitigating technology systems:

�� (A) Within 24 months from the date the administration issues its determination;

�� (B) If applicable, within 24 months from the later of:

�� (i) The date the administration issues its determination; or

�� (ii) The date the commission issues its approval; or

�� (C) As soon as reasonably practicable after the date specified in subparagraph (A) or (B) of this paragraph if installation is delayed due to reasons outside of the person�s control.

�� (c) A person is not required to install or use a light-mitigating technology system on a wind-powered turbine if:

�� (A) The administration issues a determination that the installation or use of the light-mitigation technology system is a hazard to air navigation;

�� (B) The administration does not issue a determination within 12 months from the date the person submits the application to the administration;

�� (C) If applicable, the commission does not issue its approval for the installation and use of the light-mitigating technology system; or

�� (D) If applicable, the commission does not issue its approval within 12 months from the date the person submits the application to the commission.

�� (4) Nothing in this section shall require a person to carry out light mitigation in a manner that conflicts with an applicable federal law or regulation. [2025 c.74 �1]

�� Note: See notes under 195.900.

�� 195.912 Local review of transmission line upgrade. (1) As used in this section:

�� (a) �Electric company� means an electric company, as defined in ORS 757.600, that owns and operates a transmission system and sells more than 2 million megawatt hours of electricity in a calendar year.

�� (b) �Footprint� means an area that is being actively managed and is part of a right-of-way of an existing transmission line.

�� (c) �Transmission line� means any aboveground or underground electric transmission lines with a capacity of 57,000 volts or more, including the utility poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances and all related facilities required for the acceptance of electric services by the transmission lines.

�� (2) A decision on an application for an upgrade to an existing transmission line that is owned by an electric company shall be made, as provided in this section, by a local government with jurisdiction over the transmission line, provided that the upgrade:

�� (a) Is sited entirely within the existing transmission line�s utility right-of-way or private easement;

�� (b) Entails only the deployment, construction or installation of grid enhancing technologies, as defined in ORS 757.808, and associated modifications as required to meet current national electrical safety standards such as the National Electrical Safety Code, and not any other type of upgrade, expansion or improvement;

�� (c) Does not expand the footprint of any part of the transmission lines if sited within an area designated for a statewide land use planning goal related to natural resources, scenic and historic areas and open spaces or the Willamette River Greenway; and

�� (d) Does not include:

�� (A) Adding additional transmission lines or substations; or

�� (B) Modifications to substations or transformers unless they are within the footprint of the original substation or transformer.

�� (3) A decision on an application, as provided in this section, including a decision that determines whether the provisions of subsection (2) of this section apply:

�� (a) May be subject only to clear and objective standards, conditions and procedures;

�� (b) May be conditioned upon obtaining any necessary approvals by the State Department of Energy or federal government;

�� (c) Is not a land use decision, as defined in ORS 197.015;

�� (d) May not be subject to a public hearing; and

�� (e) May not be appealed except by writ of review under ORS 34.010 to 34.100. [2025 c.391 �4]

�� Note: 195.912 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS 196.405

196.405, or the outer continental shelf;

�� (C) If located on the territorial sea or the outer continental shelf, is directly interconnected to the customer-generator�s premises;

�� (D) Can operate in parallel with an electric utility�s existing transmission and distribution facilities; and

�� (E) Is intended primarily to offset part or all of the customer-generator�s requirements for electricity.

�� (2) An electric utility that offers residential and commercial electric service:

�� (a) Shall allow net metering facilities to be interconnected using a standard meter that is capable of registering the flow of electricity in two directions.

�� (b) May at its own expense install one or more additional meters to monitor the flow of electricity in each direction.

�� (c) May not charge a customer-generator a fee or charge that would increase the customer-generator�s minimum monthly charge to an amount greater than that of other customers in the same rate class as the customer-generator. However, the Public Utility Commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, may authorize an electric utility to assess a greater fee or charge, of any type, if the electric utility�s direct costs of interconnection and administration of the net metering outweigh the distribution system, environmental and public policy benefits of allocating such costs among the electric utility�s entire customer base. The commission may authorize a public utility to assess a greater fee or charge under this paragraph only following notice and opportunity for public comment. The governing body of a municipal electric utility, electric cooperative or people�s utility district may assess a greater fee or charge under this paragraph only following notice and opportunity for comment from the customers of the utility, cooperative or district.

�� (3)(a) For a customer-generator, an electric utility shall measure the net electricity produced or consumed during the billing period in accordance with normal metering practices.

�� (b) If an electric utility supplies a customer-generator more electricity than the customer-generator feeds back to the electric utility during a billing period, the electric utility shall charge the customer-generator for the net electricity that the electric utility supplied.

�� (c) Except as provided in paragraph (d) of this subsection, if a customer-generator feeds back to an electric utility more electricity than the electric utility supplies the customer-generator during a billing period, the electric utility may charge the minimum monthly charge described in subsection (2) of this section but must credit the customer-generator for the excess kilowatt-hours generated during the billing period. An electric utility may value the excess kilowatt-hours at the avoided cost of the utility, as determined by the commission or the appropriate governing body. An electric utility that values the excess kilowatt-hours at the avoided cost shall bear the cost of measuring the excess kilowatt-hours, issuing payments and billing for the excess hours. The electric utility also shall bear the cost of providing and installing additional metering to measure the reverse flow of electricity.

�� (d) For the billing cycle ending in March of each year, or on such other date as agreed to by the electric utility and the customer-generator, any remaining unused kilowatt-hour credit accumulated during the previous year shall be granted to the electric utility for distribution to customers enrolled in the electric utility�s low-income assistance programs, credited to the customer-generator or dedicated for other use as determined by the commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, following notice and opportunity for public comment.

�� (4)(a) A net metering facility shall meet all applicable safety and performance standards established in the state building code. The standards shall be consistent with the applicable standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers and Underwriters Laboratories or other similarly accredited laboratory.

�� (b) Following notice and opportunity for public comment, the commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, may adopt additional control and testing requirements for customer-generators to protect public safety or system reliability.

�� (c) An electric utility may not require a customer-generator whose net metering facility meets the standards in paragraphs (a) and (b) of this subsection to comply with additional safety or performance standards, perform or pay for additional tests or purchase additional liability insurance. However, an electric utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metering facility, or for the acts or omissions of the customer-generator that cause loss or injury, including death, to any third party.

�� (5) Nothing in this section is intended to prevent an electric utility from offering, or a customer-generator from accepting, products or services related to the customer-generator�s net metering facility that are different from the net metering services described in this section.

�� (6) The commission, for a public utility, or the governing body, for a municipal electric utility, electric cooperative or people�s utility district, may not limit the cumulative generating capacity of solar, wind, geothermal, renewable marine, fuel cell and microhydroelectric net metering systems to less than one-half of one percent of a utility�s, cooperative�s or district�s historic single-hour peak load. After a cumulative limit of one-half of one percent has been reached, the obligation of a public utility, municipal electric utility, electric cooperative or people�s utility district to offer net metering to a new customer-generator may be limited by the commission or governing body in order to balance the interests of retail customers. When limiting net metering obligations under this subsection, the commission or the governing body shall consider the environmental and other public policy benefits of net metering systems. The commission may limit net metering obligations under this subsection only following notice and opportunity for public comment. The governing body of a municipal electric utility, electric cooperative or people�s utility district may limit net metering obligations under this subsection only following notice and opportunity for comment from the customers of the utility, cooperative or district.

�� (7) The commission or the governing body may adopt rules or ordinances to ensure that the obligations and costs associated with net metering apply to all power suppliers within the service territory of a public utility, municipal electric utility, electric cooperative or people�s utility district.

�� (8) This section applies only to net metering facilities that have a generating capacity of 25 kilowatts or less, except that the commission by rule may provide for a higher limit for customers of a public utility.

�� (9) Notwithstanding subsections (2) to (8) of this section, an electric utility serving fewer than 25,000 customers in Oregon that has its headquarters located in another state and offers net metering services or a substantial equivalent offset against retail sales in that state shall be deemed to be in compliance with this section if the electric utility offers net metering services to its customers in Oregon in accordance with tariffs, schedules and other regulations promulgated by the appropriate authority in the state where the electric utility�s headquarters are located. [1999 c.944 �2; 2005 c.145 �1; 2013 c.648 �5; 2014 c.33 �1]

MICROGRIDS

�� 757.302 Regulatory framework allowing microgrids and community microgrids within service territories of electric companies. (1) As used in this section:

�� (a) �Community-based organization� means an organization with demonstrated efficacy that is representative of a community or specific segments of a community and serves to meet the community�s needs.

�� (b) �Community microgrid� means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under ORS 197.729.

�� (c) �Electric company� has the meaning given that term in ORS 757.600.

�� (d) �Front-of-meter� means the utility side of a transmission or distribution system in reference to a customer�s meter.

�� (e) �Microgrid� means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that functions as a single controllable system, irrespective of whether the microgrid is operating independently of or in conjunction with an electric grid.

�� (f) �Microgrid operator� means an entity that is identified as having responsibility for overseeing the coordination of a microgrid�s interconnected loads and distributed energy resources and representing the interests of the microgrid participants in interactions with an electric company.

�� (2) The Public Utility Commission shall conduct an investigation and establish a regulatory framework for allowing the ownership, deployment and use of microgrids and community microgrids within the service territories of electric companies.

�� (3) The regulatory framework established under this section must:

�� (a) Take into consideration the benefits and constraints of deploying microgrids and community microgrids.

�� (b) Take into consideration the role of microgrids and community microgrids in supporting economic growth, innovations around zero emissions energy and reliable electricity service.

�� (c) Take into consideration different approaches to designing, deploying and operating microgrids or community microgrids that serve a single customer or multiple customers.

�� (d) Provide for interconnection standards and requirements.

�� (e) Provide for safety and performance standards.

�� (f) Utilize an application and approval process that is accessible.

�� (g) Include a framework for compensation and cost allocation that recognizes the value microgrids and community microgrids provide to all electricity customers, the electric grid and local users of the electric grid. The framework for compensation and allocation must take into consideration:

�� (A) The reliability and resilience services that a microgrid or community microgrid provides to a transmission or distribution system and to a community in which the microgrid or community microgrid is located.

�� (B) A microgrid or community microgrid�s ability to operate in parallel to a transmission or distribution system as a resource pursuant to a tariff rate.

�� (h) Include a methodology for compensating an owner, subscriber or developer of a microgrid or community microgrid for the value that the microgrid or community microgrid provides. The methodology must:

�� (A) Incorporate the value of lost load during a public safety power shutoff; and

�� (B) Include a schedule of avoided costs of a utility that reflects the value of the energy generated or saved by a microgrid or community microgrid.

�� (i) Allow excess energy generated by a microgrid or community microgrid to be sold to a utility on a nondiscriminatory basis.

�� (j) Subject to ORS 757.300, the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2601 to 2645, and an electric company�s technical feasibility and system reliability requirements, allow an owner or microgrid operator of a microgrid or community microgrid to incorporate front-of-meter energy resources that are owned or operated by a utility, third-party developer, local or tribal government or community-based organization.

�� (k) Allow an electric company to partner with municipalities, businesses or communities to develop microgrids that improve resilience or mitigate the need for infrastructure upgrades.

�� (L) Provide for a standard for reasonable shared costs for community energy resilience that is provided by a community microgrid that allow for owners or microgrid operators of a community microgrid to recover the costs for designing, constructing or maintaining the community microgrid from customers who use:

�� (A) The microgrid;

�� (B) The distribution system located within a microgrid zone designated under ORS

ORS 196.438

196.438

Optometry, Oregon Board of, 683.250

Oregon Community Power board of directors, 757.834

Oregon Health and Science University Board of Directors, 353.040

Oregon Health Authority, Director of the, 413.033

Oregon Institute of Technology, Board of Trustees of the, 352.076

OregonServes Commission, 660.500

Oregon State University, Board of Trustees of, 352.076

Pacific Northwest Electric Power and Conservation Planning Council, 469.805

Parks and Recreation Commission, State, 390.114

Parole and Post-Prison Supervision, State Board of, 144.015

Patient Safety Commission Board of Directors, Oregon, 442.830

Pharmacy, State Board of, 689.115

Physical Therapy, Oregon Board of,

ORS 197.610

197.610 to 197.625.

�� (5) This section does not apply to:

�� (a) Any plan amendment for which an exception is required under ORS 197.732; or

�� (b) Except as provided under subsection (6) of this section, any lands designated under a statewide planning goal addressing agricultural lands or forestlands.

�� (6)(a) If a county is acting on the remand of a decision from the Land Use Board of Appeals, the county governing body may authorize the planning commission or hearings officer to conduct hearings and make a decision under subsection (1) of this section for lands designated under a statewide planning goal addressing agricultural lands or forestlands.

�� (b) The county governing body shall review a planning commission or hearings officer decision made under this subsection and shall:

�� (A) Schedule a public hearing and issue a final decision on the application;

�� (B) Leave the planning commission or hearings officer decision as the final county decision; or

�� (C) Adopt the planning commission or hearings officer decision by consent order as the decision of the governing body. [1987 c.729 �20; 2018 c.117 �1]

�� 215.433 Supplemental application for remaining permitted uses following denial of initial application. (1) A person whose application for a permit is denied by the governing body of a county or its designee under ORS 215.427 may submit to the county a supplemental application for any or all other uses allowed under the county�s comprehensive plan and land use regulations in the zone that was the subject of the denied application.

�� (2) The governing body of a county or its designee shall take final action on a supplemental application submitted under this section, including resolution of all appeals, within 240 days after the application is deemed complete. Except that 240 days shall substitute for 120 days or 150 days, as appropriate, all other applicable provisions of ORS 215.427 shall apply to a supplemental application submitted under this section.

�� (3) A supplemental application submitted under this section shall include a request for any rezoning or zoning variance that may be required to issue a permit under the county�s comprehensive plan and land use regulations.

�� (4) The governing body of the county or its designee shall adopt specific findings describing the reasons for approving or denying:

�� (a) A use for which approval is sought under this section; and

�� (b) A rezoning or variance requested in the application. [1999 c.648 �2; 1999 c.648 �2a]

�� 215.435 Deadline for final action by county on remand of land use decision; exception. (1) Pursuant to a final order of the Land Use Board of Appeals under ORS 197.830 remanding a decision to a county, the governing body of the county or its designee shall take final action on an application for a permit, limited land use decision or zone change within 120 days of the effective date of the final order issued by the board. For purposes of this subsection, the effective date of the final order is the last day for filing a petition for judicial review of a final order of the board under ORS 197.850 (3). If judicial review of a final order of the board is sought under ORS 197.830, the 120-day period established under this subsection shall not begin until final resolution of the judicial review.

�� (2)(a) In addition to the requirements of subsection (1) of this section, the 120-day period established under subsection (1) of this section shall not begin until the applicant requests in writing that the county proceed with the application on remand, but if the county does not receive the request within 180 days of the effective date of the final order or the final resolution of the judicial review, the county shall deem the application terminated.

�� (b) The 120-day period established under subsection (1) of this section may be extended for up to an additional 365 days if the parties enter into mediation as provided by ORS 197.860 prior to the expiration of the initial 120-day period. The county shall deem the application terminated if the matter is not resolved through mediation prior to the expiration of the 365-day extension.

�� (3) The 120-day period established under subsection (1) of this section applies only to decisions wholly within the authority and control of the governing body of the county.

�� (4) Subsection (1) of this section does not apply to a remand proceeding concerning a decision of the county making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610. [1999 c.545 �2; 2011 c.280 �11; 2015 c.522 �1]

�� 215.437 Writ of mandamus authorized after deadline following remand of land use decision. (1) If the governing body of a county or its designee fails to take final action on an application for a permit, limited land use decision or zone change within 120 days as provided in ORS 215.435, the applicant may file a petition for a writ of mandamus as provided in ORS 34.105 to 34.240. The court shall set the matter for trial as soon as practicable but not more than 15 days from the date a responsive pleading pursuant to ORS 34.170 is filed, unless the court has been advised by the parties that the matter has been settled.

�� (2) A writ of mandamus issued under this section shall order the governing body of the county or its designee to make a final determination on the application. The court, in its discretion, may order such remedy as the court determines appropriate.

�� (3) In a mandamus proceeding under this section the court shall award court costs and attorney fees to an applicant who prevails on a petition under this section. [1999 c.545 �3; 2015 c.522 �2]

PERMITTED USES IN ZONES

�� 215.438 Transmission towers; location; conditions. The governing body of a county or its designate may allow a transmission tower over 200 feet in height to be established in any zone subject to reasonable conditions imposed by the governing body or its designate. [1983 c.827 �23a]

�� 215.439 Solar energy systems in residential or commercial zones. (1) The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

�� (2) The installation and use on a commercial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which commercial structures are an allowed use.

�� (3) Approval of a permit application under ORS 215.402 to 215.438 is, notwithstanding the definition of �permit� in ORS 215.402, a ministerial function if:

�� (a) The installation of a solar energy system can be accomplished without increasing the footprint of the residential or commercial structure or the peak height of the portion of the roof on which the system is installed; and

�� (b) The solar energy system would be mounted so that the plane of the system is parallel to the slope of the roof.

�� (4) As part of the permit approval process, a county:

�� (a) May not charge a fee pursuant to ORS 215.416 for processing a permit;

�� (b) May not require extensive surveys or site evaluations including, but not limited to, vegetation surveys, contour maps and elevation drawings; and

�� (c) May charge building permit fees pursuant to ORS 455.020, 455.210 and 455.220.

�� (5) Subsections (3) and (4) of this section do not apply to a permit application for a residential or commercial structure that is:

�� (a) A federally or locally designated historic building or landmark or that is located in a federally or locally designated historic district.

�� (b) A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark.

�� (c) Located in an area designated as a significant scenic resource unless the material used is:

�� (A) Designated as anti-reflective; or

�� (B) Eleven percent or less reflective.

�� (6) As used in this section, �solar photovoltaic energy system� has the meaning given that term in ORS 757.360. [2011 c.464 �1]

�� Note: 215.439 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.440 [1955 c.682 �3; repealed by 1971 c.13 �1]

�� 215.441 Use of real property for religious activities. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under state law and rules and local zoning ordinances and regulations, a county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including:

�� (a) Worship services.

�� (b) Religion classes.

�� (c) Weddings.

�� (d) Funerals.

�� (e) Meal programs.

�� (f) Child care or any preschool or prekindergarten education, but not private or parochial education for kindergarten through grade 12 or higher education.

�� (2) A county may:

�� (a) Subject real property described in subsection (1) of this section to reasonable regulations, including site review or design review, concerning the physical characteristics of the uses authorized under subsection (1) of this section; or

�� (b) Prohibit or restrict the use of real property by a place of worship described in subsection (1) of this section if the county finds that the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the place of worship described in subsection (1) of this section.

�� (3) Notwithstanding any other provision of this section, a county may allow a private or parochial school for kindergarten through grade 12 or higher education to be sited under applicable state law and rules and local zoning ordinances and regulations. [2001 c.886 �2; 2017 c.745 �7; 2019 c.640 �19; 2021 c.385 �4; 2021 c.446 �4; 2025 c.267 �1]

�� 215.445 Use of private property for mobile medical clinic. (1) As used in this section:

�� (a) �Health professional� means a person licensed or certified by the:

�� (A) Oregon Medical Board;

�� (B) Oregon Board of Dentistry; or

�� (C) Oregon State Board of Nursing.

�� (b) �Health services� means the services that a health professional is licensed or certified to provide.

�� (c) �Local government� has the meaning given that term in ORS 174.116.

�� (d) �Mobile medical clinic� means a vehicle or a transportable structure that is:

�� (A) Designed to serve as a facility suitable for the provision of health services; and

�� (B) In use by a health professional to provide health services to the public.

�� (e) �Nonprofit� means a corporation organized under and subject to the provisions of ORS chapter 65.

�� (2) A local government may not prohibit a nonprofit mobile medical clinic from:

�� (a) Being located on private property with the permission of the owner of the private property; and

�� (b) Staying in one location for 180 days or less. [2015 c.142 �1]

�� Note: 215.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.446 Renewable energy facility; application; standards; notices. (1) As used in this section:

�� (a) �Average electric generating capacity� has the meaning given that term in ORS 469.300.

�� (b) �Energy generation area� has the meaning given that term in ORS 469.300.

�� (c) �Renewable energy facility� means:

�� (A) A solar photovoltaic power generation facility using:

�� (i) More than 100 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

�� (ii) More than 100 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (iii) More than 320 acres but not more than 3,840 acres located on any other land.

�� (B) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 50 megawatts if the power is produced from geothermal energy at a single plant or within a single energy generation area.

�� (C) An electric power generating plant with an average electric generating capacity of at least 35 megawatts but less than 100 megawatts if the power is produced from wind energy at a single energy facility or within a single energy generation area.

�� (2) An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416. An applicant must demonstrate to the satisfaction of the county that the renewable energy facility meets the standards under subsection (3) of this section.

�� (3) In order to issue a permit, the county shall require that the applicant:

�� (a)(A) Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the county, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary;

�� (B) Conduct a habitat assessment of the proposed development site;

�� (C) Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012; and

�� (D) Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18.

�� (b) Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are:

�� (A) Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.);

�� (B) Inventoried in a local comprehensive plan; or

�� (C) Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905.

�� (c) Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the county to secure restoration of the site to a useful, nonhazardous condition.

�� (d) Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470 (2) and 469.501 that the county determines are applicable.

�� (e) Provide the financial assurances described in paragraph (c) of this subsection in the form and at the time specified by the county.

�� (f) For a renewable energy facility that is a solar photovoltaic power generation facility using the number of acres described in subsection (4) of this section, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

�� (g) For a renewable energy facility that is an electric power generating plant with an average electric generating capacity of at least 50 megawatts but less than 100 megawatts that produces the power from wind energy at a single energy facility or within a single energy generation area, provide a decommissioning plan to accomplish the restoration of the site to a useful, nonhazardous condition as described in paragraph (c) of this subsection. A decommissioning plan provided under this paragraph must include bonding or other security as the financial assurances described in paragraph (c) of this subsection.

�� (4) The requirements in subsection (3)(f) of this section apply to a solar photovoltaic power generation facility using:

�� (a) More than 160 acres but not more than 240 acres located on high-value farmland as defined in ORS 195.300;

�� (b) More than 1,280 acres but not more than 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (c) More than 1,920 acres but not more than 3,840 acres located on any other land.

�� (5) Upon receipt of a reasonable cost estimate from the state agency or tribe, the applicant and county may jointly enter into a cost reimbursement agreement administered by the county with:

�� (a) The State Department of Fish and Wildlife to receive comments under subsection (3)(a) of this section.

�� (b) The State Historic Preservation Officer or any affected federally recognized Indian tribe to receive comments under subsection (3)(b) of this section.

�� (c) The State Department of Energy to receive comments under subsection (3)(c) and (d) of this section as well as comments regarding other matters as the county may require.

�� (6) A county that receives an application for a permit under this section shall, upon receipt of the application, provide notice to persons listed in subsection (7) of this section. The notice must include, at a minimum:

�� (a) A description of the proposed renewable energy facility;

�� (b) A description of the lots or parcels subject to the permit application;

�� (c) The dates, times and locations where public comments or public testimony on the permit application can be submitted; and

�� (d) The contact information for the governing body of the county and the applicant.

�� (7) The notice required under subsection (6) of this section must be delivered to:

�� (a) The State Department of Fish and Wildlife;

�� (b) The State Department of Energy;

�� (c) The State Historic Preservation Officer;

�� (d) The Oregon Department of Aviation;

�� (e) The United States Department of Defense; and

�� (f) Federally recognized Indian tribes that may be affected by the application. [2019 c.650 �4; 2021 c.60 �1; 2023 c.336 �1; 2025 c.162 �3]

�� 215.447 Photovoltaic solar power generation facilities on high-value farmland. (1) As used in this section, �photovoltaic solar power generation facility� means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.

�� (2) A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300 (10)(f)(C), provided the land:

�� (a) Is not located within the boundaries of an irrigation district;

�� (b) Is not at the time of the facility�s establishment, and was not at any time during the 20 years immediately preceding the facility�s establishment, the place of use of a water right permit, certificate, decree, transfer order or ground water registration authorizing the use of water for the purpose of irrigation;

�� (c) Is located within the service area of an electric utility described in ORS 469A.052 (2);

�� (d) Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS

ORS 197.729

197.729 within which the community microgrid is located; or

�� (C) The distribution system local to the community microgrid.

�� (m) Allow for redundant infrastructure that supports community microgrids.

�� (n) Provide for the approval of a community microgrid if the community microgrid enhances local energy resilience and is capable of supporting critical infrastructure during and after an emergency, natural disaster or disruption to the electric grid or energy supply.

�� (o) Include a process for investigating standards and procedures that would enable a microgrid operator to operate one or more community microgrids independently from the electric grid system during an emergency.

�� (p) Provide standards for coordination and collaboration between microgrid operators and electric companies in the operation of microgrids and community microgrids.

�� (q) Prohibit a microgrid operator from assuming an electric company�s role in controlling the electric company�s own distribution infrastructure. [2025 c.472 �2]

�� Note: Section 3, chapter 472, Oregon Laws 2025, provides:

�� Sec. 3. The Public Utility Commission shall complete the investigation and establish a regulatory framework under section 2 of this 2025 Act [757.302] not later than 18 months from the effective date of this 2025 Act [September 26, 2025]. In conducting the investigation, the commission shall consult with appropriate local, state and federal agencies. [2025 c.472 �3]

�� 757.304 Microgrid interconnection; when study or engineering evaluation required; technical data; costs; preliminary design; final report. (1) As used in this section:

�� (a) �Community microgrid� means a microgrid that is located within a geographical area that a local government, as defined in ORS 197.015, designates as a microgrid zone.

�� (b) �Microgrid� means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that functions as a single controllable system, irrespective of whether the microgrid is operating independently of or in conjunction with an electric grid.

�� (c) �Public utility� means a utility regulated by the Public Utility Commission under ORS chapter 757 that provides electric power to consumers.

�� (d) �Technical data� includes:

�� (A) Substation and circuit load profiles;

�� (B) Geographic information system maps of utility infrastructure;

�� (C) Equipment specifications, age and capacity ratings;

�� (D) The maximum amount of power that can be added to a distribution system without requiring infrastructure upgrades for distributed energy resources;

�� (E) Protection coordination schemes and fault current data; and

�� (F) Standards, tariffs and technical requirements for interconnection.

�� (2) When a person applies to a public utility for authority to interconnect a microgrid or community microgrid with the public utility�s transmission or distribution system and the public utility concludes that the proposed interconnection requires a study or engineering evaluation, the person shall have the option to:

�� (a) Agree to have the public utility conduct the study or evaluation; or

�� (b) Contract with a third-party consultant to conduct the study or evaluation, subject to the public utility�s reasonable review and approval of the study or evaluation.

�� (3) A person that agrees to have the public utility conduct the study or engineering evaluation under subsection (2) of this section shall reimburse the public utility for the reasonable costs incurred by the public utility in performing the study or evaluation.

�� (4) A public utility may, as a technical collaborator, contract with a third-party consultant to conduct the study or engineering evaluation requested under subsection (2) of this section.

�� (5) A report that is produced from a study or engineering evaluation conducted under subsection (2) of this section and has received a professional engineer stamp approving the report shall be considered a final report for purposes of review by a public utility of an application to interconnect a microgrid or community microgrid with the public utility�s transmission or distribution system.

�� (6)(a) If a person contracts with a third-party consultant to conduct a study or evaluation under subsection (2)(b) of this section, the third-party consultant may submit a written request to a public utility for all technical data necessary to conduct the study or evaluation. The public utility shall provide the technical data:

�� (A) Within 21 days from the date of the request; and

�� (B) In a standardized, machine-readable format, except as otherwise agreed.

�� (b) A public utility may redact data from the technical data that the public utility provides if disclosure of the data jeopardizes grid security or violates federal or state law. If a public utility redacts data, the public utility shall provide a mutually acceptable alternative that enables the third-party consultant to conduct the study or evaluation.

�� (c) A public utility shall clearly identify information the public utility provides that is proprietary.

�� (d) A public utility shall designate a liaison who is available to clarify data, resolve ambiguities and explain technical requirements during the design phase.

�� (e) A public utility may charge for the reasonable and actual costs incurred by the public utility in preparing and providing technical data under this subsection.

�� (7)(a) A third-party consultant who is conducting a study or evaluation under subsection (2)(b) of this section may submit to a public utility a preliminary design for review by the public utility. The preliminary design may include proposed microgrid and distributed energy resources specifications and alignment with technical data.

�� (b) A public utility shall provide within 30 days from the date a preliminary design is submitted written feedback on the preliminary design that identifies potential compliance issues or modifications to the design that are needed.

�� (c) A third-party consultant may incorporate feedback and submit an interconnection application along with a final report to the public utility.

�� (d) A public utility may not charge for conducting a preliminary design review under this subsection.

�� (8)(a) A public utility has sole authority to approve or deny an application to interconnect a microgrid or community microgrid with the public utility�s transmission or distribution system under this section. The decision to approve or deny an application must be based on safety, reliability and compliance with published standards.

�� (b) In reviewing applications under this section, a public utility shall prioritize the review of applications that are based on designs that adhere to and incorporate published standards, technical data provided by the public utility and feedback provided under subsection (7) of this section. A public utility shall approve or deny an application that is given priority under this paragraph within 90 days from the date the application is submitted to the public utility.

�� (9) This section does not apply to an interconnection between a microgrid or community microgrid and a public utility that is subject to the jurisdiction of the Federal Energy Regulatory Commission. [2025 c.471 �2]

�� 757.305 [Amended by 1971 c.655 �77; repealed by 1979 c.190 �431]

CONTRACTOR LABOR STANDARDS

�� 757.306 Contractor labor standards for covered projects; attestation or declaration; project labor agreement. (1) As used in this section:

�� (a) �Apprentice� and �apprenticeable occupation� have the meanings given those terms in ORS

ORS 197A.440

197A.440 in 2025]

�� 197.490 [1987 c.785 �6; 1989 c.648 �56; renumbered 197A.438 in 2025]

RECREATIONAL VEHICLES

�� 197.492 Definitions. As used in this section and ORS 197.493:

�� (1) �Manufactured dwelling park� and �mobile home park� have the meanings given those terms in ORS 446.003.

�� (2) �Recreational vehicle� has the meaning given that term in ORS 174.101.

�� (3) �Recreational vehicle park�:

�� (a) Means a place where two or more recreational vehicles are located within 500 feet of one another on a lot, tract or parcel of land under common ownership and having as its primary purpose:

�� (A) The renting of space and related facilities for a charge or fee; or

�� (B) The provision of space for free in connection with securing the patronage of a person.

�� (b) Does not mean:

�� (A) An area designated only for picnicking or overnight camping; or

�� (B) A manufactured dwelling park or mobile home park. [2005 c.619 �11; 2019 c.422 �30; 2022 c.54 �14; 2024 c.102 �35]

�� 197.493 Placement and occupancy of recreational vehicle. (1) A state agency or local government may not prohibit the placement or occupancy of a recreational vehicle, or impose any limit on the length of occupancy of a recreational vehicle as a residential dwelling, solely on the grounds that the occupancy is in a recreational vehicle, if the recreational vehicle is:

�� (a) Allowed under ORS 215.490;

�� (b)(A) Located in a manufactured dwelling park, mobile home park or recreational vehicle park;

�� (B) Occupied as a residential dwelling; and

�� (C) Lawfully connected to water and electrical supply systems and a sewage disposal system; or

�� (c) On a lot or parcel with a manufactured dwelling or single-unit dwelling that is uninhabitable due to damages from a natural disaster, including wildfires, earthquakes, flooding or storms, until no later than the date:

�� (A) The dwelling has been repaired or replaced and an occupancy permit has been issued;

�� (B) The local government makes a determination that the owner of the dwelling is unreasonably delaying in completing repairs or replacing the dwelling; or

�� (C) Five years after the date the dwelling first became uninhabitable.

�� (2) Subsection (1) of this section does not limit the authority of a state agency or local government to impose other special conditions on the placement or occupancy of a recreational vehicle. [2005 c.619 �12; 2021 c.235 �1; 2023 c.9 �11; 2023 c.295 �3; 2023 c.327 �1; 2025 c.38 �11]

MORATORIUM ON CONSTRUCTION OR LAND DEVELOPMENT

�� 197.505 Definitions for ORS 197.505 to 197.540. As used in ORS 197.505 to 197.540:

�� (1) �Public facilities� means those public facilities for which a public facilities plan is required under ORS 197.712.

�� (2) �Special district� refers to only those entities as defined in ORS 197.015 (19) that provide services for which public facilities plans are required. [1980 c.2 �2; 1991 c.839 �1; 1993 c.438 �4; 1995 c.463 �1; 1999 c.838 �1; 2005 c.22 �144; 2007 c.354 �29]

�� 197.510 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) The declaration of moratoria on construction and land development by cities, counties and special districts may have a negative effect not only on property owners, but also on the housing and economic development policies and goals of other local governments within the state, and therefore, is a matter of statewide concern.

�� (2) Such moratoria, particularly when limited in duration and scope, and adopted pursuant to growth management systems that further the statewide planning goals and local comprehensive plans, may be both necessary and desirable.

�� (3) Clear state standards should be established to ensure that:

�� (a) The need for moratoria is considered and documented;

�� (b) The impact on property owners, housing and economic development is minimized; and

�� (c) Necessary and properly enacted moratoria are not subjected to undue litigation. [1980 c.2 �1; 1991 c.839 �2; 1995 c.463 �2]

�� 197.520 Manner of declaring moratorium. (1) No city, county or special district may adopt a moratorium on construction or land development unless it first:

�� (a) Provides written notice to the Department of Land Conservation and Development at least 45 days prior to the final public hearing to be held to consider the adoption of the moratorium;

�� (b) Makes written findings justifying the need for the moratorium in the manner provided for in this section; and

�� (c) Holds a public hearing on the adoption of the moratorium and the findings which support the moratorium.

�� (2) For urban or urbanizable land, a moratorium may be justified by demonstration of a need to prevent a shortage of public facilities which would otherwise occur during the effective period of the moratorium. Such a demonstration shall be based upon reasonably available information, and shall include, but need not be limited to, findings:

�� (a) Showing the extent of need beyond the estimated capacity of existing public facilities expected to result from new land development, including identification of any public facilities currently operating beyond capacity, and the portion of such capacity already committed to development;

�� (b) That the moratorium is reasonably limited to those areas of the city, county or special district where a shortage of key public facilities would otherwise occur; and

�� (c) That the housing and economic development needs of the area affected have been accommodated as much as possible in any program for allocating any remaining public facility capacity.

�� (3) A moratorium not based on a shortage of public facilities under subsection (2) of this section may be justified only by a demonstration of compelling need. Such a demonstration shall be based upon reasonably available information and shall include, but need not be limited to, findings:

�� (a) For urban or urbanizable land:

�� (A) That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from development in affected geographical areas;

�� (B) That the moratorium is sufficiently limited to ensure that a needed supply of affected housing types and the supply of commercial and industrial facilities within or in proximity to the city, county or special district are not unreasonably restricted by the adoption of the moratorium;

�� (C) Stating the reasons alternative methods of achieving the objectives of the moratorium are unsatisfactory;

�� (D) That the city, county or special district has determined that the public harm which would be caused by failure to impose a moratorium outweighs the adverse effects on other affected local governments, including shifts in demand for housing or economic development, public facilities and services and buildable lands, and the overall impact of the moratorium on population distribution; and

�� (E) That the city, county or special district proposing the moratorium has determined that sufficient resources are available to complete the development of needed interim or permanent changes in plans, regulations or procedures within the period of effectiveness of the moratorium.

�� (b) For rural land:

�� (B) Stating the reasons alternative methods of achieving the objectives of the moratorium are unsatisfactory;

�� (C) That the moratorium is sufficiently limited to ensure that lots or parcels outside the affected geographical areas are not unreasonably restricted by the adoption of the moratorium; and

�� (D) That the city, county or special district proposing the moratorium has developed a work plan and time schedule for achieving the objectives of the moratorium.

�� (4) No moratorium adopted under subsection (3)(a) of this section shall be effective for a period longer than 120 days, but such a moratorium may be extended provided the city, county or special district adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that:

�� (a) Verify the problem giving rise to the need for a moratorium still exists;

�� (b) Demonstrate that reasonable progress is being made to alleviate the problem giving rise to the moratorium; and

�� (c) Set a specific duration for the renewal of the moratorium. No extension may be for a period longer than six months.

�� (5) Any city, county or special district considering an extension of a moratorium shall give the department at least 14 days� notice of the time and date of the public hearing on the extension. [1980 c.2 �3; 1991 c.839 �3; 1995 c.463 �3]

�� 197.522 [1999 c.838 �4; 2015 c.374 �3; 2023 c.13 �85; 2024 c.102 �31; 2025 c.38 �7; renumbered 197A.402 in 2025]

�� 197.524 Local government to adopt moratorium or public facilities strategy following pattern or practice of delaying or stopping issuance of permits. (1) When a local government engages in a pattern or practice of delaying or stopping the issuance of permits, authorizations or approvals necessary for the subdivision or partitioning of, or construction on, any land, including delaying or stopping issuance based on a shortage of public facilities, the local government shall:

�� (a) Adopt a public facilities strategy under ORS 197.768; or

�� (b) Adopt a moratorium on construction or land development under ORS 197.505 to 197.540.

�� (2) The provisions of subsection (1) of this section do not apply to the delay or stopping of the issuance of permits, authorizations or approvals because they are inconsistent with the local government�s comprehensive plan or land use regulations. [1999 c.838 �3]

�� 197.530 Correction program; procedures. (1) A city, county or special district that adopts a moratorium on construction or land development in conformity with ORS 197.520 (1) and (2) shall within 60 days after the effective date of the moratorium adopt a program to correct the problem creating the moratorium. The program shall be presented at a public hearing. The city, county or special district shall give at least 14 days� advance notice to the Department of Land Conservation and Development of the time and date of the public hearing.

�� (2) No moratorium adopted under ORS 197.520 (2) shall be effective for a period longer than six months from the date on which the corrective program is adopted, but such a moratorium may be extended provided the city, county or special district adopting the moratorium holds a public hearing on the proposed extension and adopts written findings that:

�� (a) Verify that the problem giving rise to the moratorium still exists;

�� (b) Demonstrate that reasonable progress is being made to alleviate the problem giving rise to the moratorium; and

�� (c) Set a specific duration for the renewal of the moratorium.

�� (3) No single extension under subsection (2) of this section may be for a period longer than six months, and no moratorium shall be extended more than three times.

�� (4) Any city, county or special district considering an extension of a moratorium shall give the department at least 14 days� notice of the time and date of the public hearing on the extension. [1980 c.2 �4; 1991 c.839 �4]

�� 197.540 Review by Land Use Board of Appeals. (1) In the manner provided in ORS 197.830 to 197.845, the Land Use Board of Appeals shall review upon petition by a county, city or special district governing body or state agency or a person or group of persons whose interests are substantially affected, any moratorium on construction or land development or a corrective program alleged to have been adopted in violation of the provisions of ORS 197.505 to 197.540.

�� (2) If the board determines that a moratorium or corrective program was not adopted in compliance with the provisions of ORS 197.505 to 197.540, the board shall issue an order invalidating the moratorium.

�� (3) All review proceedings conducted by the Land Use Board of Appeals under subsection (1) of this section shall be based on the administrative record, if any, that is the subject of the review proceeding. The board shall not substitute its judgment for a finding solely of fact for which there is substantial evidence in the whole record.

�� (4) Notwithstanding any provision of ORS chapters 195, 196, 197 and 197A to the contrary, the sole standard of review of a moratorium on construction or land development or a corrective program is under the provisions of this section, and such a moratorium shall not be reviewed for compliance with the statewide planning goals adopted under ORS chapters 195, 196, 197 and 197A.

�� (5) The review of a moratorium on construction or land development under subsection (1) of this section shall be the sole authority for review of such a moratorium, and there shall be no authority for review in the circuit courts of this state. [1980 c.2 �5; 1983 c.827 �45; 2001 c.672 �9]

�� 197.550 [1995 s.s. c.3 �20; repealed by 1996 c.12 �14]

�� 197.553 [1995 s.s. c.3 �19; repealed by 1996 c.12 �14]

�� 197.556 [1995 s.s. c.3 �21; repealed by 1996 c.12 �14]

�� 197.559 [1995 s.s. c.3 �23; repealed by 1996 c.12 �14]

�� 197.562 [1995 s.s. c.3 �24; repealed by 1996 c.12 �14]

�� 197.565 [1995 s.s. c.3 �22; repealed by 1996 c.12 �14]

�� 197.568 [1995 s.s. c.3 �25; repealed by 1996 c.12 �14]

�� 197.571 [1995 s.s. c.3 �26; repealed by 1996 c.12 �14]

�� 197.574 [1995 s.s. c.3 �27; repealed by 1996 c.12 �14]

�� 197.577 [1995 s.s. c.3 �28; repealed by 1996 c.12 �14]

�� 197.581 [1995 s.s. c.3 �29; repealed by 1996 c.12 �14]

�� 197.584 [1995 s.s. c.3 �30; repealed by 1996 c.12 �14]

�� 197.587 [1995 s.s. c.3 �30a; 1997 c.800 �10; renumbered 267.334 in 1997]

�� 197.590 [1995 s.s. c.3 �31; repealed by 1996 c.12 �14]

�� 197.605 [1981 c.748 �3; repealed by 1983 c.827 �59]

POST-ACKNOWLEDGMENT PROCEDURES

�� 197.610 Submission of proposed comprehensive plan or land use regulation changes to Department of Land Conservation and Development; rules. (1) Before a local government adopts a change, including additions and deletions, to an acknowledged comprehensive plan or a land use regulation, the local government shall submit the proposed change to the Director of the Department of Land Conservation and Development. The Land Conservation and Development Commission shall specify, by rule, the deadline for submitting proposed changes, but in all cases the proposed change must be submitted at least 20 days before the local government holds the first evidentiary hearing on adoption of the proposed change. The commission may not require a local government to submit the proposed change more than 35 days before the first evidentiary hearing.

�� (2) If a local government determines that emergency circumstances beyond the control of the local government require expedited review, the local government shall submit the proposed changes as soon as practicable, but may submit the proposed changes after the applicable deadline.

�� (3) Submission of the proposed change must include all of the following materials:

�� (a) The text of the proposed change to the comprehensive plan or land use regulation implementing the plan;

�� (b) If a comprehensive plan map or zoning map is created or altered by the proposed change, a copy of the map that is created or altered;

�� (c) A brief narrative summary of the proposed change and any supplemental information that the local government believes may be useful to inform the director or members of the public of the effect of the proposed change;

�� (d) The date set for the first evidentiary hearing;

�� (e) The form of notice or a draft of the notice to be provided under ORS 197.797, if applicable; and

�� (f) Any staff report on the proposed change or information describing when the staff report will be available, and how a copy of the staff report can be obtained.

�� (4) The director shall cause notice of the proposed change to the acknowledged comprehensive plan or the land use regulation to be provided to:

�� (a) Persons that have requested notice of changes to the acknowledged comprehensive plan of the particular local government, using electronic mail, electronic bulletin board, electronic mailing list server or similar electronic method; and

�� (b) Persons that are generally interested in changes to acknowledged comprehensive plans, by posting notices periodically on a public website using the Internet or a similar electronic method.

�� (5) When a local government determines that the land use statutes, statewide land use planning goals and administrative rules of the commission that implement either the statutes or the goals do not apply to a proposed change to the acknowledged comprehensive plan and the land use regulations, submission of the proposed change under this section is not required.

�� (6) If, after submitting the materials described in subsection (3) of this section, the proposed change is altered to such an extent that the materials submitted no longer reasonably describe the proposed change, the local government must notify the Department of Land Conservation and Development of the alterations to the proposed change and provide a summary of the alterations along with any alterations to the proposed text or map to the director at least 10 days before the final evidentiary hearing on the proposal. The director shall cause notice of the alterations to be given in the manner described in subsection (4) of this section. Circumstances requiring resubmission of a proposed change may include, but are not limited to, a change in the principal uses allowed under the proposed change or a significant change in the location at which the principal uses would be allowed, limited or prohibited.

�� (7) When the director determines that a proposed change to an acknowledged comprehensive plan or a land use regulation may not be in compliance with land use statutes or the statewide land use planning goals, including administrative rules implementing either the statutes or the goals, the department shall notify the local government of the concerns at least 15 days before the final evidentiary hearing, unless there is only one hearing or the proposed change has been modified to the extent that resubmission is required under subsection (6) of this section.

�� (8) Notwithstanding subsection (7) of this section, the department may provide advisory recommendations to the local government concerning the proposed change to the acknowledged comprehensive plan or land use regulation. [1981 c.748 �4; 1983 c.827 �7; 1985 c.565 �27; 1989 c.761 �20; 1999 c.622 �1; 2011 c.280 �1]

�� 197.612 Comprehensive plan or land use regulation changes to conform plan or regulations to new requirement in statute, goal or rule. (1) Notwithstanding contrary provisions of state and local law, a local government that proposes a change to an acknowledged comprehensive plan or a land use regulation solely for the purpose of conforming the plan and regulations to new requirements in a land use statute, statewide land use planning goal or rule of the Land Conservation and Development Commission implementing the statutes or goals may take action to change the comprehensive plan or the land use regulation without holding a public hearing if:

�� (a) The local government gives notice to the Department of Land Conservation and Development of the proposed change in the manner provided by ORS 197.610 and 197.615; and

�� (b) The department confirms in writing that the only effect of the proposed change is to conform the comprehensive plan or the land use regulations to the new requirements.

�� (2) Notwithstanding the requirement under ORS 197.830 (2) that a person must have appeared before the local government orally or in writing, a person that has not appeared may petition for review of the decision under subsection (1) of this section solely to determine whether the only effect of the local decision is to conform the comprehensive plan or the land use regulation to the new requirements. [2011 c.280 �6]

�� 197.615 Submission of adopted comprehensive plan or land use regulation changes to Department of Land Conservation and Development. (1) When a local government adopts a proposed change to an acknowledged comprehensive plan or a land use regulation, the local government shall submit the decision to the Director of the Department of Land Conservation and Development within 20 days after making the decision.

�� (2) The submission must contain the following materials:

�� (a) A copy of the signed decision, the findings and the text of the change to the comprehensive plan or land use regulation;

�� (b) If a comprehensive plan map or zoning map is created or altered by the proposed change, a copy of the map that is created or altered;

�� (c) A brief narrative summary of the decision, including a summary of substantive differences from the proposed change submitted under ORS 197.610 and any supplemental information that the local government believes may be useful to inform the director or members of the public of the effect of the actual change; and

�� (d) A statement by the individual transmitting the submission, identifying the date of the decision and the date of the submission.

�� (3) The director shall cause notice of the decision and an explanation of the requirements for appealing the land use decision under ORS 197.830 to 197.845 to be provided to:

�� (b) Persons that are generally interested in changes to acknowledged comprehensive plans, by posting notices periodically on a public website using the Internet or a similar electronic method.

�� (4) On the same day the local government submits the decision to the director, the local government shall mail, or otherwise deliver, notice to persons that:

�� (a) Participated in the local government proceedings that led to the decision to adopt the change to the acknowledged comprehensive plan or the land use regulation; and

�� (b) Requested in writing that the local government give notice of the change to the acknowledged comprehensive plan or the land use regulation.

�� (5) The notice required by subsection (4) of this section must state how and where the materials described in subsection (2) of this section may be obtained and must:

�� (a) Include a statement by the individual delivering the notice that identifies the date on which the notice was delivered and the individual delivering the notice;

�� (b) List the locations and times at which the public may review the decision and findings; and

�� (c) Explain the requirements for appealing the land use decision under ORS 197.830 to 197.845. [1981 c.748 �5; 1983 c.827 �9; 1999 c.255 �1; 2011 c.280 �2]

�� 197.620 Appeal of certain comprehensive plan or land use regulation decision-making. (1) A decision to not adopt a legislative amendment or a new land use regulation is not appealable unless the amendment is necessary to address the requirements of a new or amended goal, rule or statute.

�� (2) Notwithstanding the requirements of ORS 197.830 (2) that a person have appeared before the local government orally or in writing to seek review of a land use decision, the Director of the Department of Land Conservation and Development or any other person may appeal the decision to the Land Use Board of Appeals if:

�� (a) The local government failed to submit all of the materials described in ORS 197.610 (3) or, if applicable, ORS 197.610 (6), and the failure to submit the materials prejudiced substantial rights of the Department of Land Conservation and Development or the person;

�� (b) Except as provided in subsection (3) of this section, the local government submitted the materials described in ORS 197.610 (3) or, if applicable, ORS 197.610 (6), after the deadline specified in ORS 197.610 (1) or (6) or rules of the Land Conservation and Development Commission, whichever is applicable; or

�� (c) The decision differs from the proposed changes submitted under ORS 197.610 to such an extent that the materials submitted under ORS 197.610 do not reasonably describe the decision.

�� (3) Subsection (2)(b) of this section does not authorize an appeal if the local government cures an untimely submission of materials as provided in this subsection. A local government may cure the untimely submission of materials by either:

�� (a) Postponing the date for the final evidentiary hearing by the greater of 10 days or the number of days by which the submission was late; or

�� (b) Holding the evidentiary record open for an additional period of time equal to 10 days or the number of days by which the submission was late, whichever is greater. Additionally, the local government shall provide notice of the postponement or record extension to the Department of Land Conservation and Development. [1981 c.748 �5a; 1983 c.827 �8; 1989 c.761 �21; 1991 c.612 �13a; 2011 c.280 �3]

�� 197.622 Amendments to acknowledged comprehensive plan or land use regulation after remand from Land Use Board of Appeals. When a local government adopts a change to an acknowledged comprehensive plan or land use regulation, and the Land Use Board of Appeals remands all or a portion of that decision based solely on inadequate findings or evidence, if the local government adopts the same changes following remand with revised findings and additional evidence responding to the remand, then a party may not raise new issues that could have been but were not previously raised before the board, but may only challenge the revised findings or additional evidence. [2023 c.551 �2]

�� 197.625 Acknowledgment of comprehensive plan or land use regulation changes; application prior to acknowledgment. (1) A local decision adopting a change to an acknowledged comprehensive plan or a land use regulation is deemed to be acknowledged when the local government has complied with the requirements of ORS 197.610 and 197.615 and either:

�� (a) The 21-day appeal period set out in ORS 197.830 (9) has expired and a notice of intent to appeal has not been filed; or

�� (b) If an appeal has been timely filed, the Land Use Board of Appeals affirms the local decision or, if an appeal of the decision of the board is timely filed, an appellate court affirms the decision.

�� (2) If the local decision adopting a change to an acknowledged comprehensive plan or a land use regulation is affirmed on appeal under ORS 197.830 to 197.855, the comprehensive plan or the land use regulation, as modified, is deemed to be acknowledged upon the date the decision of the board or the decision of an appellate court becomes final.

�� (3) Prior to acknowledgment of a change to an acknowledged comprehensive plan or a land use regulation:

�� (a) The change is effective at the time specified by local government charter or ordinance; and

�� (b) If the change was adopted in substantial compliance with ORS 197.610 and 197.615, the local government shall apply the change to land use decisions, expedited land divisions and limited land use decisions unless a stay is granted under ORS

ORS 215.295

215.295]

�� 215.207 [1989 c.653 �2; repealed by 1999 c.314 �94]

�� 215.209 Department of Land Conservation and Development database; rural land maps; contents. The Department of Land Conservation and Development shall develop, in conjunction with local governments and other state agencies, a computerized database that is capable of producing county-wide maps that show the diversity of Oregon�s rural lands. The database shall include, at a minimum, information on soil classifications, forest capabilities, irrigated lands, croplands, actual farm use, and plan and zone designations. To create the database, the department shall use the most current soils information from the United States Natural Resources Conservation Service, or its successor agency, and may use any other related information that is readily available. [1999 c.1014 �3]

�� Note: 215.209 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 215.210 [Amended by 1955 c.652 �6; renumbered 215.305]

�� 215.211 Agricultural land; detailed soils assessment; fee. (1) If a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the United States Natural Resources Conservation Service would assist a county to make a better determination of whether land qualifies as agricultural land, the person must request that the Department of Land Conservation and Development arrange for an assessment of the capability of the land by a professional soil classifier who is:

�� (a) Certified by and in good standing with the Soil Science Society of America; and

�� (b) Chosen by the person.

�� (2) A soils assessment produced under this section is not a public record, as defined in ORS 192.311, unless the person requesting the assessment utilizes the assessment in a land use proceeding. If the person decides to utilize a soils assessment produced under this section in a land use proceeding, the person shall inform the Department of Land Conservation and Development and consent to the release by the department of certified copies of all assessments produced under this section regarding the land to the local government conducting the land use proceeding. The department:

�� (a) Shall review soils assessments prepared under this section.

�� (b) May not disclose a soils assessment prior to its utilization in a land use proceeding as described in this subsection without written consent of the person paying the fee for the assessment.

�� (c) Shall release to the local government conducting a land use proceeding all soils assessments produced under this section regarding land to which the land use proceeding applies.

�� (3) Before arranging for a soils assessment under this section, the department shall charge and collect from the person requesting the assessment a fee in an amount intended to meet the costs of the department to assess the soils and administer this section.

�� (4) The department shall deposit fees collected under this section in the Soils Assessment Fund established under ORS 215.212.

�� (5) This section authorizes a person to obtain additional information for use in the determination of whether land qualifies as agricultural land, but this section does not otherwise affect the process by which a county determines whether land qualifies as agricultural land. [2010 c.44 �1; 2013 c.1 �22]

�� Note: 215.211 and 215.212 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.212 Soils Assessment Fund; purposes. The Soils Assessment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Soils Assessment Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Land Conservation and Development to meet the costs of the department to assess soils under and to administer ORS 215.211. [2010 c.44 �2]

�� Note: See note under 215.211.

�� 215.213 Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993; rules. (1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition), the following uses may be established in any area zoned for exclusive farm use:

�� (a) Churches and cemeteries in conjunction with churches.

�� (b) The propagation or harvesting of a forest product.

�� (c) Utility facilities necessary for public service, not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over 200 feet in height, but including:

�� (A) Utility facilities as provided in ORS 215.275;

�� (B) Utility facilities that are associated transmission lines, as defined in ORS 215.274 and 469.300;

�� (C) Wetland waste treatment systems; or

�� (D) Facilities and service lines needed to provide water or wastewater services allowed under ORS 215.256.

�� (d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the farm operator or the farm operator�s spouse, which means a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use and the dwelling is located on the same lot or parcel as the dwelling of the farm operator. Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS 215.780, if the owner of a dwelling described in this paragraph obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel.

�� (e) Nonresidential buildings customarily provided in conjunction with farm use.

�� (f) Subject to ORS 215.279, primary or accessory dwellings customarily provided in conjunction with farm use. For a primary dwelling, the dwelling must be on a lot or parcel that is managed as part of a farm operation and is not smaller than the minimum lot size in a farm zone with a minimum lot size acknowledged under ORS 197.251.

�� (g) Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b).

�� (h) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732 (2)(a) or (b).

�� (i) One manufactured dwelling or recreational vehicle, or the temporary residential use of an existing building, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this paragraph. A temporary residence approved under this paragraph is not eligible for replacement under paragraph (q) of this subsection.

�� (j) Climbing and passing lanes within the right of way existing as of July 1, 1987.

�� (k) Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result.

�� (L) Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed.

�� (m) Minor betterment of existing public road and highway related facilities, such as maintenance yards, weigh stations and rest areas, within right of way existing as of July 1, 1987, and contiguous public-owned property utilized to support the operation and maintenance of public roads and highways.

�� (n) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been classified as historic property as described in ORS 358.487 (4).

�� (o) Creation, restoration or enhancement of wetlands.

�� (p) A winery, as described in ORS 215.452 or 215.453.

�� (q) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS 215.291.

�� (r) Farm stands if:

�� (A) The structures are designed and used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and

�� (B) The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment.

�� (s) An armed forces reserve center, if the center is within one-half mile of a community college. For purposes of this paragraph, �armed forces reserve center� includes an armory or National Guard support facility.

�� (t) A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this paragraph. The site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this paragraph. An owner of property used for the purpose authorized in this paragraph may charge a person operating the use on the property rent for the property. An operator may charge users of the property a fee that does not exceed the operator�s cost to maintain the property, buildings and facilities. As used in this paragraph, �model aircraft� means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and is controlled by radio, lines or design by a person on the ground.

�� (u) A facility for the processing of farm products as described in ORS 215.255.

�� (v) Fire service facilities providing rural fire protection services.

�� (w) Irrigation reservoirs, canals, delivery lines and those structures and accessory operational facilities, not including parks or other recreational structures and facilities, associated with a district as defined in ORS 540.505.

�� (x) Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following:

�� (A) A public right of way;

�� (B) Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained; or

�� (C) The property to be served by the utility.

�� (y) Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or

ORS 221.010

221.010 to 221.100:

�� (1) Three councillors shall be elected biennially.

�� (2) At an election for electing councillors, the candidates who receive the three highest numbers of votes shall be deemed elected, and of these three the ones receiving the two highest numbers of votes shall hold office for four years and the remaining one shall hold office for two years.

�� (3) A councillor�s term of office shall begin at the first council meeting in the year immediately ensuing the year of the election of the councillor.

�� (4) The council shall fill by appointment vacancies in its membership.

�� (5) The term of office of an appointee to an office of councillor shall be the remainder of the term of office of the immediate predecessor of the appointee in the office.

�� (6) The powers of the city shall be vested in the council.

�� (7) A majority of the members of the council shall constitute a quorum for action by the council.

�� (8) No action by the council shall have legal effect unless concurred in by a majority of the council.

�� (9) The council shall meet publicly at least once each month. [Amended by 2003 c.14 �102]

�� 221.130 Mayor; term; functions. Concerning the mayor of a city created under ORS 221.010 to 221.100:

�� (1) Only councillors shall be eligible to serve as mayor.

�� (2) The council shall appoint a mayor at its first meeting of each odd-numbered year.

�� (3) The mayor�s term of office shall be two years.

�� (4) The mayor shall be presiding officer of the council and shall authenticate with the signature of the mayor all ordinances which the council passes. [Amended by 2003 c.14 �103]

�� 221.140 Appointment of municipal judge and other city officers; removal; compensation. The council of a city created under ORS 221.010 to 221.100 shall appoint a municipal judge and such other officers as it deems necessary for the proper government of the city, who shall be removable at the discretion of the council, receive such compensation as the council approves, and have such powers and duties as the council prescribes.

�� 221.142 Qualifications for municipal judges; extensions. (1) As a qualification for the office, a municipal judge must:

�� (a) Be a licensee of the Oregon State Bar;

�� (b) Have completed a course on courts of special jurisdiction offered by the National Judicial College, or complete the course within 12 months after appointment or election to the office of municipal judge; or

�� (c) Have completed, or complete within 12 months after appointment or election to the office of municipal judge, a course that is equivalent to the course described in paragraph (b) of this subsection, proposed by the municipal judge and approved by the Chief Justice of the Supreme Court.

�� (2) If exigent circumstances prevent a municipal judge from completing the course required under subsection (1)(b) of this section within 12 months after appointment or election to the office of municipal judge, the presiding judge of the judicial district in which the municipal court is located may grant the municipal judge one extension of time to complete the course. The extension may not exceed 12 months. The presiding judge may require the municipal judge to complete additional educational requirements during an extension granted under this subsection.

�� (3) Notwithstanding subsection (1) of this section, a municipal judge in a municipal court that is a court of record under ORS 221.342 must be a licensee of the Oregon State Bar.

�� (4) Any person serving temporarily as a municipal judge must possess the qualifications for the office of municipal judge described in this section. [2015 c.570 �8; 2025 c.32 �100]

�� 221.145 Basing compensation of city officers upon fines prohibited. The amount of compensation for city police officers, municipal judges or other city officers shall not be based upon the amount of revenues collected from fines or any set percentage thereof. [1981 c.402 �1; 1999 c.1051 �261]

�� Note: 221.145 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.150 [Repealed by 1983 c.350 �331a]

�� 221.160 Special elections to fill council vacancies; appointment of council members when all positions vacant. (1) Whenever because of death, resignation or other cause the number of the members of the governing body of any city is insufficient to constitute a quorum for the transaction of the business thereof, and the charter of such city does not otherwise provide, the mayor, or if there is no mayor, a majority of the remaining members of the governing body, may call a special election for the purpose of electing a sufficient number of persons to fill all the vacancies then existing in the governing body. For the purposes of such election the mayor, or if there is no mayor, a majority of the remaining members of the governing body, may appoint persons to act for all offices necessary to the holding of such election where such offices may be vacant. The appointments shall continue until a successor is selected as provided for by the charter or law governing such city.

�� (2) If all positions in the governing body of a city become vacant and if the charter of the city does not provide otherwise, the governing body of the county in which the city maintains its seat of government immediately shall appoint the number of persons sufficient to constitute a quorum for the transaction of city business. The persons appointed by the governing body of the county shall appoint a sufficient number of persons to fill any remaining vacancies existing in the governing body of the city. All persons appointed under this subsection shall serve until successors are elected and qualified to serve. [Amended by 1981 c.173 �7]

�� 221.170 [Amended by 1957 c.608 �225; 1979 c.317 �2; repealed by 1983 c.350 �331a]

�� 221.180 Procedure for nomination of candidates for city offices. (1) This section and ORS chapters 249 and 254 govern the manner of nominating and electing candidates for municipal offices in all cities.

�� (2) Notwithstanding ORS 249.037, if a city does not hold a nominating election for municipal offices, a nominating petition or declaration of candidacy shall be filed not sooner than the 15th day after the date of the primary election and not later than the 70th day before the date of the general election. A candidate who is nominated under this subsection may withdraw candidacy under ORS 249.830.

�� (3) All nominating petitions and declarations of candidacy shall be filed with the city elections officer. If the city charter or ordinance provides a manner of filing for nomination, a candidate for any office of that city shall file in that manner. [Amended by 1957 c.608 �226; 1979 c.190 �408; 1983 c.350 �22; 1987 c.267 �67; 1995 c.712 �91]

�� 221.190 [Amended by 1957 c.608 �227; repealed by 1983 c.350 �331a]

�� 221.200 Law governing city elections. ORS chapters 246 to 260 govern the conduct of all city elections. [Amended by 1957 c.608 �228; 1979 c.317 �3; 1983 c.350 �23]

�� 221.210 Referendum and initiative for municipal measures and charter amendments; adoption, amendment, revision, repeal or surrender of city charter by simple majority. (1) The city council may refer and the people may initiate municipal measures or amendments to the charter of the city as provided in ORS 250.265 to 250.346, unless ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to the city.

�� (2)(a) Notwithstanding the charter of the city or any other provision of law, the adoption, amendment, revision, repeal or surrender of a city charter shall be decided by simple majority vote.

�� (b) Nothing in this subsection is intended to prevent a city from amending its charter to provide for the adoption by a supermajority or double majority vote or by any other heightened vote requirement of measures imposing or increasing fees, taxes, assessments, fines, penalties, charges or any other revenue-generating mechanisms of any kind. [Amended by 1955 c.18 �1; 1983 c.350 �24; 2025 c.511 �2]

�� 221.230 Election dates; emergency elections. (1) Except as provided in subsection (3) of this section, no election on a city measure referred by the city governing body or for a city office shall be held on any date other than:

�� (a) The second Tuesday in March;

�� (b) The third Tuesday in May;

�� (c) The fourth Tuesday in August; or

�� (d) The first Tuesday after the first Monday in November.

�� (2) Except as provided in subsection (3) of this section, no election on a city measure other than a city measure referred by the city governing body shall be held on any date other than:

�� (a) The third Tuesday in May; or

�� (b) The first Tuesday after the first Monday in November.

�� (3) An emergency election may be held on a date other than those provided in subsection (1) or (2) of this section if the city governing body by resolution finds that an emergency exists that will require an election sooner than the next available election date to avoid extraordinary hardship to the community. A determination under this subsection as to whether an emergency exists is within the sole discretion of the city governing body.

�� (4) A city governing body, with adequate notice, shall hold a public hearing, on a date other than a regularly scheduled council meeting, for the purpose of making findings substantiating the fact that an emergency exists before scheduling an election on a date other than those specified in subsection (1) or (2) of this section.

�� (5) Notice of a city�s intent to hold an emergency election shall be filed with the county elections authority no later than 47 days preceding the desired election date. At the time the notice of election is given to the county elections authority, the city shall also file with the elections authority a certified copy of the ballot title and a copy of the resolution and findings adopted by the city governing body to authorize the emergency election as required under subsection (4) of this section. [1979 c.316 �4; 1981 c.639 �5; 1985 c.808 �70; 1987 c.267 �68; 1989 c.923 �9; 1991 c.71 �3; 1993 c.713 �52; 1995 c.607 �65; 1995 c.712 �114; 2015 c.44 �2; 2021 c.551 �19]

�� 221.240 Disclosure to city auditor of legally protected material. (1) As used in this section, �legally protected material� means:

�� (a) Information and records of a city that are protected by attorney-client privilege held by the city; and

�� (b) Attorney work product prepared in the course of providing legal services to the city.

�� (2) The disclosure of legally protected material by a city, or any officer, employee or agent of the city, to the elected auditor of the city, or any employee or agent of the elected auditor who is employed for the purpose of auditing or investigating the city, does not waive the privilege with respect to any other person, to the extent the legally protected material is disclosed for the purpose of an audit or investigation. [2017 c.528 �1]

�� Note: 221.240 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORDINANCES

�� 221.275 Definitions for ORS 221.275 to 221.290. As used in ORS 221.275 to 221.290:

�� (1) �Owner� or �owner of a vehicle� means the person listed as the owner of a vehicle in the records of the Department of Transportation.

�� (2) �Rental or leasing company� means any person engaged in the business of renting or leasing motor vehicles to the public. [1995 c.533 �2]

�� 221.277 Violation of city parking ordinance; affirmative defense. (1) It is an offense to be the registered owner of a motor vehicle parked in violation of a city ordinance.

�� (2) It is an affirmative defense to a prosecution of the registered owner of a motor vehicle under subsection (1) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication. [1995 c.533 �3]

�� 221.280 [1995 c.533 �4; repealed by 1997 c.522 �2]

�� 221.283 [1995 c.533 �5; repealed by 1997 c.522 �2]

�� 221.285 Notice of delinquent parking violation to rental or leasing company; effect when notice not given; effect of prompt payment of amount specified in citation; procedure to substitute renter or lessee as defendant. (1) A notice of delinquent parking violation containing the information specified in ORS 221.333 shall be sent to each car rental or leasing company that is the registered owner of a motor vehicle cited for being parked in violation of a city ordinance within 30 days after the date on which the citation for violation of the parking ordinance was issued.

�� (2) If a notice of delinquent parking violation is not sent to a car rental or leasing company within 30 days after the date on which the citation for violation of the parking ordinance was issued, the charge against the car rental or leasing company of violating the parking ordinance shall be dismissed and no further enforcement actions against the car rental or leasing company or its vehicles may be taken.

�� (3) If the car rental or leasing company pays the amount specified on the citation within 30 days after the date on which the notice of delinquent parking violation was mailed to the car rental or leasing company, the fine required to be paid shall not be increased beyond the original amount specified in the citation.

�� (4)(a) If a court establishes a procedure for a car rental or leasing company to provide, in a manner and format determined by the court, information including the name, address and driver license number of the person in whose name the vehicle was rented or leased at the time of the violation of the parking ordinance, and the car rental or leasing company provides the information in the required manner and format within 30 days after the date on which the notice of delinquent parking violation was mailed to the car rental or leasing company, the renter or lessee who had custody and control of the vehicle when the parking violation occurred shall thereafter be the defendant in the prosecution of the parking violation.

�� (b) A car rental or leasing company that provides the information described in paragraph (a) of this subsection is discharged from any obligation on the parking violation and is no longer a defendant in the prosecution of the parking violation.

�� (c) A court may not establish a procedure pursuant to paragraph (a) of this subsection unless the court consults and cooperates with representatives from car rental or leasing companies.

�� (d) If a car rental or leasing company does not provide the information required by the court under paragraph (a) of this subsection within the time specified or provides the information in an incorrect manner or format, the car rental or leasing company may recover the amount of any fine paid to a city pursuant to ORS 221.287. [1995 c.533 �6; 1997 c.522 �1; 1999 c.1051 �262; 2001 c.715 �1]

�� 221.287 Recovery of fine from renter or lessee of vehicle. (1) A car rental or leasing company is authorized to recover a fine paid to a city in response to a citation for violation of a parking ordinance from the customer who had possession of the motor vehicle at the time the citation was issued.

�� (2) A car rental or leasing company may bill a customer directly for the fine paid or may charge the fine paid as an ancillary or deferred charge to any credit card provided by the customer.

�� (3) A car rental or leasing company has no liability to a customer for any errors, omissions, negligence or fraud to the extent that the errors, omissions, negligence or fraud resulted from acts or omissions of the court or the city in the issuance of citations or the issuance of notices of citations. [1995 c.533 �7; 1999 c.1051 �263]

�� 221.290 Application of ORS 221.275 to 221.290. ORS 221.275 to 221.290 apply to any city with a population exceeding 300,000. [1995 c.533 �9]

�� 221.295 Ordinances regulating placement or height of radio antennas. Notwithstanding ORS chapters 215 and 227, a city or county ordinance based on health, safety or aesthetic considerations that regulates the placement, screening or height of the antennas or antenna support structures of amateur radio operators must reasonably accommodate amateur radio communications and must represent the minimum practicable regulation necessary to accomplish the purpose of the city or county. However, a city or county may not restrict antennas or antenna support structures of amateur radio operators to heights of 70 feet or lower unless the restriction is necessary to achieve a clearly defined health, safety or aesthetic objective of the city or county. [1999 c.507 �1]

�� Note: 221.295 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.310 Effective date of ordinances, resolutions and franchises; emergency measures. (1) In cities having a population of 2,000 or more, an ordinance or a franchise shall not take effect until 30 days after its passage by the city council and approval by the mayor, unless it is passed over the veto of the mayor. In that event, it shall not take effect until 30 days after final passage over the mayor�s veto. However, measures necessary for the immediate preservation of the peace, health and safety of the city are excepted. These emergency measures shall become immediately effective if they state in a separate section the reasons why it is necessary that they should become immediately effective and if they are approved by the affirmative vote of three-fourths of all the members elected to the city council, taken by ayes and noes, and also by the mayor. This subsection shall apply in every city in all matters concerning the operation of the initiative and referendum in its municipal legislation on which the city has not made or does not make conflicting provisions.

�� (2) Except for ordinances necessary for the immediate health, peace or safety, an ordinance enacted by the council of a city created under ORS 221.010 to 221.100 shall take effect 30 days after its enactment.

�� (3) In cities having a population of 2,000 or more, a resolution may take effect at any time after its passage by the city council. A resolution shall state in a separate section the effective date of the resolution. [Amended by 2001 c.34 �1]

�� 221.315 Enforcement of charter provisions and ordinances; disposition of fines. (1) Prosecution of violations of the charter or ordinances of a city in circuit or justice court shall be by the city attorney and in the name of such city. An agreement may be made between any city and, on behalf of the state, the presiding judge for the judicial district in which all or part of such city is located, that such violations be prosecuted for such city in the circuit court by the district attorney in the name of the State of Oregon. An agreement may be made, pursuant to ORS 190.010, between any city and the county in which all or part of such city is located, that such violations be prosecuted for such city in the justice court by the district attorney in the name of the State of Oregon.

�� (2) Except as otherwise provided by an agreement made under subsection (1) of this section in respect to the court, all fines collected by the circuit or justice court having jurisdiction of a violation of a city charter or ordinance shall be paid as follows:

�� (a) Subject to subsection (3) of this section, one-half of the fine shall be credited and distributed to the treasurer of the city whose charter or ordinance was violated, as a monetary obligation payable to the city.

�� (b) If collected by the circuit court, and subject to subsection (3) of this section, one-half of the fine shall be credited and distributed as a monetary obligation payable to the state.

�� (c) If collected by the justice court, one-half of the fine shall be credited and distributed to the treasurer of the county in which the court is located as a monetary obligation payable to the county.

�� (3) If the full amount of the fine imposed by a circuit court under this section is collected and a surcharge is imposed on the fine under ORS 1.188, the last $5 of the amount collected shall be paid to the county for deposit in the county�s courthouse surcharge account established under ORS 1.189. If the full amount of the fine imposed is not collected, the $5 payment required by this subsection shall be reduced by one dollar for every dollar of the fine that is not collected. [1973 c.645 �3; 1975 c.713 �2; 1981 s.s. c.3 �114; 1983 c.763 �48; 1987 c.905 �19; 1995 c.781 �41; 1995 c.658 �92a; 1999 c.1051 �264; 2011 c.597 �128; 2016 c.78 �6]

�� 221.320 [Repealed by 1967 c.195 �1]

�� 221.330 Publication or posting of ordinances; exceptions. Ordinances passed by cities must be posted or published in a newspaper if required by their respective charters; provided, that ordinances establishing rules and regulations for the construction of buildings, the installation of plumbing, electric wiring or other similar work, where such rules and regulations have been printed as a code in book form, may adopt such code or portions thereof by reference thereto without further publication or posting thereof. Not less than three copies of such code shall be filed, for use and examination by the public, in the office of the city recorder of the city, prior to the adoption thereof. Cities may adopt as ordinances any statute of the State of Oregon, the subject matter of which is within the scope of the charter authority by reference to the chapter or section, without further publication or posting thereof.

�� 221.333 Parking ordinance violation; mode of charging defendant; notice as complaint; requirement to pay fine or bail for access to court prohibited. (1) In all prosecutions for violation of motor vehicle parking ordinances in cities, it shall be sufficient to charge the defendant by an unsworn written notice if the notice clearly states:

�� (a) The date, place and nature of the charge.

�� (b) The time and place for defendant�s appearance in court.

�� (c) The name of the issuing officer or other person authorized to issue the notice.

�� (d) The license number of the vehicle.

�� (2) The notice provided for in subsection (1) of this section shall either be delivered to the defendant or placed in a conspicuous place upon the vehicle involved in the violation. A duplicate original of the notice shall serve as the complaint in the case when it is filed with the court. In all other respects the procedure now provided by law in such cases shall be followed, but ORS 810.365 does not apply. The officer or person authorized to issue a citation need not have observed the act of parking, but need only have observed that the car was parked in violation of city ordinances.

�� (3) In all prosecutions for violation of motor vehicle parking ordinances in cities, the defendant may not be required to pay the fine imposed or a bail amount before the defendant may request a hearing or submit a written explanation to the court. [Formerly 221.340; 2019 c.67 �1]

�� 221.335 [1989 c.679 �4; 1999 c.1051 �265; renumbered 221.355 in 1999]

MUNICIPAL COURTS

�� 221.336 Establishment of municipal court. Any city of this state may establish a municipal court by charter or by ordinance. [1999 c.788 �46]

�� 221.337 [1995 c.532 �1; 1997 c.801 �150; 1999 c.1051 �266; renumbered 221.357 in 1999]

�� 221.339 Jurisdiction of municipal court; prosecutions by city attorney. (1) A municipal court has concurrent jurisdiction with circuit courts and justice courts over all violations committed or triable in the city where the court is located.

�� (2) Except as provided in subsections (3) and (4) of this section, municipal courts have concurrent jurisdiction with circuit courts and justice courts over misdemeanors committed or triable in the city. Municipal courts may exercise the jurisdiction conveyed by this section without a charter provision or ordinance authorizing that exercise.

�� (3) Municipal courts have no jurisdiction over felonies or designated drug-related misdemeanors as defined in ORS 423.478.

�� (4) A city may limit the exercise of jurisdiction over misdemeanors by a municipal court under this section by the adoption of a charter provision or ordinance, except that municipal courts must retain concurrent jurisdiction with circuit courts over:

�� (a) Misdemeanors created by the city�s own charter or by ordinances adopted by the city, as provided in ORS 3.132; and

�� (b) Traffic crimes as defined by ORS 801.545.

�� (5) Subject to the powers and duties of the Attorney General under ORS 180.060, the city attorney has authority to prosecute a violation of any offense created by statute that is subject to the jurisdiction of a municipal court, including any appeal, if the offense is committed or triable in the city. The prosecution shall be in the name of the state. The city attorney shall have all powers of a district attorney in prosecutions under this subsection. [1999 c.1051 �40; 2017 c.706 �21; 2021 c.591 �29; 2024 c.70 �65]

�� Note: 221.339 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.340 [Amended by 1973 c.737 �1; 1987 c.687 �8; 1991 c.741 �13; renumbered 221.333 in 1999]

�� 221.342 Method by which municipal court becomes court of record. (1) Any municipal court may become a court of record by:

�� (a) The passage of an ordinance by the governing body of the city in which the court is located; and

�� (b) The entry of an order by the Supreme Court acknowledging the filing of the declaration required under subsection (2) of this section.

�� (2) Before a municipal court may become a court of record, the governing body of the city in which the court is located must file a declaration with the Supreme Court that includes:

�� (a) A statement that the municipal court satisfies the requirements of this section for becoming a court of record;

�� (b) The address and telephone number of the clerk of the municipal court; and

�� (c) The date on which the municipal court will commence operations as a court of record.

�� (3) The Supreme Court may not charge a fee for filing a declaration under subsection (2) of this section. Not later than 30 days after a declaration is filed under subsection (2) of this section, the Supreme Court shall enter an order acknowledging the filing of the declaration and give notice of the order of acknowledgment to the city and the public.

�� (4) The city shall provide a court reporter or an audio recording device for each municipal court made a court of record under this section.

�� (5) The appeal from a judgment entered in a municipal court that becomes a court of record under this section shall be as provided in ORS chapter 138 for appeals from judgments of circuit courts.

�� (6) As a qualification for the office, a municipal judge for any municipal court that becomes a court of record must be a licensee of the Oregon State Bar. [1999 c.682 �3; 2003 c.687 �7; 2007 c.330 �4; 2025 c.32 �101]

�� 221.343 Method by which municipal court ceases to operate as court of record. (1) Any municipal court that has become a court of record under ORS 221.342 may cease to operate as a court of record only if the governing body of the city in which the court is located files a declaration with the Supreme Court identifying the date on which the municipal court will cease operation as a court of record. The date identified in the declaration may not be less than 31 days after the date the declaration is filed.

�� (2) The Supreme Court may not charge a fee for filing a declaration under subsection (1) of this section. Not later than 30 days after a declaration is filed under subsection (1) of this section, the Supreme Court shall enter an order acknowledging the filing of the declaration and give notice of the order of acknowledgment to the city and the public.

�� (3) The appeal from a judgment entered in a municipal court after the date identified in the declaration filed under this section shall be as provided in ORS 221.369 to

ORS 221.420

221.420, 221.450 and 261.305 and this section to reaffirm the authority of cities to regulate use of municipally owned rights of way and to impose charges upon publicly owned suppliers of electrical energy, as well as privately owned suppliers for the use of such rights of way. [1987 c.245 �1]

�� Note: 221.415 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.417 [1989 c.484 �3; repealed by 1999 c.1093 �21]

�� 221.420 Municipal regulation of public utilities. (1) As used in this section:

�� (a) �Public utility� has the meaning for that term provided in ORS 757.005.

�� (b) �Commission� means the Public Utility Commission of Oregon.

�� (c) �Council� means the common council, city council, commission or any other governing body of any municipality wherein the property of the public utility is located.

�� (d) �Municipality� means any town, city or other municipal government wherein property of the public utility is located.

�� (e) �Service� is used in its broadest and most inclusive sense and includes equipment and facilities.

�� (f) �Heating company� means any person furnishing heat but not electricity or natural gas to its customers.

�� (2) Subject to ORS 758.025, a city may:

�� (a) Determine by contract or prescribe by ordinance or otherwise, the terms and conditions, including payment of charges and fees, upon which any public utility, electric cooperative, people�s utility district or heating company, or Oregon Community Power, may be permitted to occupy the streets, highways or other public property within such city and exclude or eject any public utility or heating company therefrom.

�� (b) Require any public utility, by ordinance or otherwise, to make such modifications, additions and extensions to its physical equipment, facilities or plant or service within such city as shall be reasonable or necessary in the interest of the public, and designate the location and nature of all additions and extensions, the time within which they must be completed, and all conditions under which they must be constructed.

�� (c) Fix by contract, prescribe by ordinance, or in any other lawful manner, the rates, charges or tolls to be paid to, or that may be collected by, any public utility or the quality and character of each kind of product or service to be furnished or rendered by any public utility furnishing any product or service within such city. No schedule of rates, charges or tolls, fixed in the manner provided in this paragraph, shall be so fixed for a longer period than five years. Whenever it is proposed by any city to enter into any contract, or to enact any ordinance, or other municipal law or regulation concerning the matters specified in this paragraph, a copy of such proposed contract, ordinance or other municipal law or resolution shall be filed with the Public Utility Commission of Oregon before the same may be lawfully signed or enacted, as the case may be, and the commission shall thereafter have 90 days within which to examine into the terms thereof. If the commission is of the opinion that in any respect the provisions of the proposed contract, ordinance or other municipal law or resolution are not in the public interest, the commission shall file, in writing, with the clerk or other officer who has the custody of the files and records of the city, the commission�s reasons therefor. If the objections are filed within said period of 90 days, no proposed contract, ordinance or other municipal law or regulation shall be valid or go into effect until it has been submitted to or ratified by the vote of the electors of the city. Unless and until a city exercises its powers as provided in this paragraph, the commission is vested with all powers with respect to the matters specified in this paragraph. If the schedule of rates, charges and tolls or the quality and character of each kind of product or service is fixed by contract, ordinance or other municipal law or regulation and in the manner provided in this paragraph, the commission has no power or jurisdiction to interfere with, modify or change it during the period fixed thereby. Upon the expiration of said period such powers shall again be vested in the commission, to be exercised by the commission unless and until a new schedule of rates or the quality and character for such service or product is fixed or prescribed by contract, ordinance or other municipal law or regulation in the manner provided in this paragraph.

�� (d) Provide for a penalty for noncompliance with the provisions of any charter provision, ordinance or resolution adopted by the city in furtherance of the powers specified in this subsection. [Amended by 1971 c.655 �245; 1987 c.245 �2; 1987 c.628 �1; 1989 c.5 �1; 1989 c.999 �6; 1999 c.1093 �6; 2007 c.807 �40; 2009 c.444 �3]

�� 221.430 [Amended by 1967 c.359 �684; repealed by 1973 c.33 �1]

�� 221.440 [Repealed by 1973 c.33 �1]

�� 221.450 Privilege tax on public utilities operating without franchise. Except as provided in ORS 221.655, the city council or other governing body of every incorporated city may levy and collect a privilege tax from Oregon Community Power and from every electric cooperative, people�s utility district, privately owned public utility, telecommunications carrier as defined in ORS 133.721 or heating company. The privilege tax may be collected only if the entity is operating for a period of 30 days within the city without a franchise from the city and actually using the streets, alleys or highways, or all of them, in such city for other than travel on such streets or highways. The privilege tax shall be for the use of those public streets, alleys or highways, or all of them, in such city in an amount not exceeding five percent of the gross revenues of the cooperative, utility, district or company currently earned within the boundary of the city. However, the gross revenues earned in interstate commerce or on the business of the United States Government shall be exempt from the provisions of this section. The privilege tax authorized in this section shall be for each year, or part of each year, such utility, cooperative, district or company, or Oregon Community Power, operates without a franchise. [Amended by 1987 c.245 �3; 1987 c.447 �115; 1989 c.999 ��7,8; 1999 c.865 �30; 1999 c.1093 �7; 2007 c.807 �41]

�� 221.460 Duration of franchises, privileges and permits. All franchises, privileges or permits for the use of the public highways, streets or alleys granted after June 5, 1931, by any municipal corporation shall not be granted for a longer term than 20 years, and shall be subject to the provision of ORS 221.470.

�� 221.470 Removal of structures after expiration of grant or franchise. (1) All property and materials (including poles, posts, towers, wires, conduits, mains, pipes, rails, tracks, ties, railways, pole lines, telegraph, telephone or electric transmission lines, or structures or equipment of any kind) placed in, on, upon, over, under or beneath any public highway, street or alley of this state or municipal corporation, under or by virtue of any grant, privilege or franchise, shall be removed by the owners or owner of the same within one year after the expiration of the grant, privilege or franchise, which permitted the erection or installation of the same, unless further time is granted by the municipal corporation having authority so to do.

�� (2) Except as otherwise provided in subsection (3) of this section, if all the property and materials referred to in subsection (1) of this section are not removed within one year after the termination or expiration of the grant, privilege or franchise or such further time as may be granted by the state or municipal corporation, all and every part thereof shall be forfeited and escheated to the state or municipal corporation wherein situated.

�� (3) The state or municipal corporation may notify the owner of the property and materials referred to in subsection (2) of this section that it waives forfeiture and escheat under subsection (2) of this section and may thereafter compel removal of such property and materials from the public highways, streets and alleys and restoration of the public highways, streets and alleys and may maintain court suit to require such removal and restoration by the owner or the payment of the cost thereof by the owner. [Amended by 1957 c.136 �1]

�� 221.475 Territory annexed to city; limitation on electric service by municipal utility. Nothing contained in any public facility or comprehensive plan of any city shall confer any right on a city to provide electric utility service in or to the annexed territory. [1987 c.737 �8]

�� Note: 221.475 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.480 [Repealed by 1981 c.288 �1]

�� 221.485 Policy on vehicles for hire. The Legislative Assembly finds and declares that privately owned taxicabs, limousines and other vehicles for hire are a vital part of the transportation system within this state and provide necessary services in response to the needs of state residents, tourists and business representatives from outside this state. Consequently, the safety and reliability of such vehicles and the economic well-being and stability of their owners and operators are matters of public concern. The regulation of such vehicles is an essential government function and, therefore, it is the intent of the Legislative Assembly to reaffirm the authority of political subdivisions in this state to regulate the operation of privately owned taxicabs, limousines and other vehicles for hire and to exempt such regulation from liability under federal antitrust laws. [1985 c.475 �1]

�� 221.490 [Repealed by 1981 c.288 �1]

�� 221.495 Local regulation of vehicles for hire. Cities and counties in this state are authorized to grant franchises, to license, control and regulate privately owned taxicabs, limousines and other vehicles for hire that operate within their respective jurisdictions. The power to regulate granted under this section includes, but is not limited to:

�� (1) Regulating entry into the business of providing taxicab, limousine or other similar services.

�� (2) Requiring a license or permit as a condition for operation of taxicabs, limousines and other vehicles for hire and revoking, canceling or refusing to reissue a license or permit for failure to comply with regulatory requirements.

�� (3) Controlling the maximum rates charged and the manner in which rates are calculated and collected.

�� (4) Regulating routes for such vehicles, including restricting access to airports.

�� (5) Establishing safety, equipment and insurance requirements.

�� (6) Establishing any other requirements necessary to assure safe and reliable service by such vehicles. [1985 c.475 �2]

�� 221.500 [Repealed by 1981 c.288 �1]

(Telecommunications Carriers)

�� 221.505 Policy. The Legislative Assembly recognizes that significant changes have occurred in the regulation, technology and marketing of telecommunications carriers as defined in ORS 133.721 over the past decade. It is the intent of the Legislative Assembly in adopting the privilege tax authorized by ORS 221.505 to 221.515 and

ORS 221.660

221.660); 1987 c.784 �1]

�� 221.630 [Repealed by 1983 c.350 �26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]

�� 221.640 [Repealed by 1983 c.350 �26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]

�� 221.650 Property conveyed to county; cessation of corporate existence; records deposited. Within 30 days after the authorization of the surrender of the charter, the city shall convey, grant, assign and deliver all its property real and personal, and property rights, by proper conveyance, to the county in which the city is located for the benefit and use of the county. The city at the end of 60 days from the date of the election authorizing the surrender shall cease to exist in its corporate capacity without any further or other formal action, and all its property rights and interests shall vest in the county, and the records of the city shall be deposited in the office of the county clerk by the auditor, clerk or other keeper of records in the city. [Amended by 1983 c.350 �28]

DISTRIBUTION UTILITIES

�� 221.655 Privilege tax on distribution utilities; maximum rate; allocation of tax among customers. (1) The city council or governing body of an incorporated city may levy and collect from a distribution utility providing direct access to electricity services under ORS 757.601 (1) or 757.676, except a municipal electric utility, operating for a period of 30 days within the city without a franchise from the city and actually using the streets, alleys or highways in such city for other than travel, a privilege tax for the use of those public streets, alleys or highways. The privilege tax shall be based on a volumetric rate times the volume of electric energy in kilowatt hours delivered, transmitted or distributed to retail electricity consumers within the city by the distribution utility, provided that the privilege tax shall not be applied to electric energy generated by a retail electricity consumer�s own generating facilities or to electric energy delivered by the federal government. The volumetric rate of the privilege tax for the distribution utility may vary by customer class.

�� (2) The privilege tax described in subsection (1) of this section shall be subject to the following:

�� (a) The volumetric rate, in cents per kilowatt hour, for any customer class shall not exceed five percent of the 1999 gross revenue of an electric utility within the city for the customer class divided by the amount of electric energy in kilowatt hours delivered to the customer class in 1999.

�� (b) A city with a franchise fee or privilege tax in effect on July 1, 1999, that was less than five percent shall not establish a volumetric rate for any customer class of the distribution utility in an amount in excess of the city�s 1999 franchise fee or privilege tax rate times the 1999 gross revenue of any electric utility within the city from the customer class divided by the amount of electric energy in kilowatt hours delivered to the customer class in 1999, except following a hearing with notice and opportunity for public comment.

�� (3) Subject to the limitations established in subsection (2) of this section, once a city has established volumetric rates for the purpose of calculating the privilege tax under this section, any subsequent change in the volumetric rates shall be applied on an equal percentage basis to all customer classes.

�� (4)(a) The Public Utility Commission shall determine the manner in which a privilege tax under this section is collected from the customers of an electric company. The privilege tax shall be allocated across an electric company�s customer classes in the same proportional amounts as levied by the city against the electric company.

�� (b) The governing body of an electric cooperative or people�s utility district shall determine the manner in which a privilege tax under this section is collected from the customers of the electric cooperative or people�s utility district. The governing body shall allocate the privilege tax across customer classes in the same proportional amounts as levied by the city against the electric cooperative or people�s utility district. [1999 c.865 �29]

�� 221.660 [Repealed by 1983 c.350 �26 (221.621 enacted in lieu of 221.620, 221.630, 221.640 and 221.660)]

�� 221.710 [Amended by 2001 c.779 �8; repealed by 2003 c.518 �2]

MISCELLANEOUS PROVISIONS

�� 221.720 Situs of cities; jurisdiction of cities coextensive with boundaries. (1) For the purpose of the administration of all laws relating to incorporated cities, other than ORS

ORS 222.990

222.990�� Penalties

GENERAL PROVISIONS

�� 222.005 Notice to public utilities of annexation; contents; effect. (1) When territory is approved for annexation to a city by city council action under ORS chapter 199 or this chapter, the recorder of the city or other city officer or agency performing the duties of recorder under this section, not later than 10 working days after passage of a resolution or ordinance approving the proposed annexation, shall provide by certified mail to all public utilities, electric cooperatives and telecommunications carriers operating within the city each site address to be annexed as recorded on county assessment and tax rolls, a legal description and map of the proposed boundary change and a copy of the city council�s resolution or ordinance approving the proposed annexation.

�� (2) Additional or increased fees or taxes, other than ad valorem taxes, imposed on public utilities, electric cooperatives and telecommunications carriers as a result of an annexation of territory to a city shall become effective on the effective date of the annexation if notice of the annexation is given to public utilities, electric cooperatives and telecommunications carriers by certified mail not later than 10 working days after the effective date of the annexation. However, if notification of the effective date of the annexation is provided to the public utilities, electric cooperatives and telecommunications carriers later than the 10th working day after the effective date of the annexation, the additional or increased fees or taxes become effective on the date of notification.

�� (3) As used in this section:

�� (a) �Effective date of annexation� is the effective date described in ORS chapter 199 or this chapter, whichever is applicable.

�� (b) �Public utility� has the meaning given that term in ORS 757.005.

�� (c) �Telecommunications carrier� has the meaning given that term in ORS 133.721. [1981 c.238 �2; 1985 c.702 �5; 1987 c.447 �116; 1989 c.736 �1; 1991 c.136 �1; 1999 c.1093 �11]

�� 222.010 Report of city boundary changes; contents; time for filing; exception. (1) Every city, through its recorder or other city officer or agency designated to perform the duties of the recorder under this section, shall report to the county clerk and county assessor of the county within which the city is located all changes in the boundaries or limits of the city. The report shall contain a detailed legal description of the new boundaries established by the city. The report shall be filed by the city within 10 days from the effective date of the change of any boundary lines.

�� (2) For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS

ORS 223.615

223.615 to 223.650 and 223.770, apply to proceedings for a conversion by a city or county under ORS 758.210 to 758.270. In a proceeding conducted by a county, where the statutes referred to in this section refer to officials of cities, the corresponding officials of the county shall perform the required functions, unless otherwise provided by order of the county court or board of county commissioners. Cities and counties may, as provided by ORS 223.205 and 223.210 to 223.295, issue improvement bonds in the total amount of the valid applications received to pay assessments in installments. [1969 c.385 �6; 1995 c.333 �20; 2017 c.17 �60]

�� 758.240 Contract with utility for conversion. (1) When a public authority in accordance with ORS 758.230 determines that a conversion shall be made, it may contract with the utilities supplying electric or communication service within the underground assessment district to perform the conversion. A contract shall provide:

�� (a) A description of the electric and communication facilities to be converted;

�� (b) That plans and specifications for such conversion shall be supplied or approved by the affected utility;

�� (c) The time and manner in which underground electric and communication facilities will be installed and overhead electric and communication facilities will be removed;

�� (d) The estimated cost of converting overhead facilities located on public lands and right of way to underground facilities;

�� (e) The estimated cost of converting related utility service facilities located on privately owned lots and parcels;

�� (f) The time and manner of making payments and the source of funds for such payments; and

�� (g) That upon completion of the work of conversion, the utility performing the conversion shall have legal title to the electric or communication facilities, which shall thereafter constitute a part of a system of the utility and be used, operated, maintained and managed by it as part of its system.

�� (2) Upon approval and execution of the conversion contracts by the utilities and public authority, the public authority shall direct the utilities owning overhead electric or communication facilities within the district to convert such facilities as required by the contract. [1969 c.385 �7]

�� 758.245 Payment of costs for conversion; removal of overhead facilities. Upon completion of the conversion of the overhead electric or communication facilities on public lands and right of way to underground, the affected utility shall file a verified statement of the costs of such conversion with the public authority. The public authority shall adopt an ordinance assessing the whole or any part of the cost of the conversion against the real property in the underground assessment district specifically benefited and shall promptly thereafter mail to each landowner a statement of the amount of such costs assessed to the property of the landowner. With the statement the public authority shall mail to each landowner a notice stating that:

�� (1) Service from the underground facilities is available;

�� (2) The landowner has 90 days after the date of the mailing of such notice to convert all overhead electric or communication facilities providing service to any structure or improvement located on the lot or parcel to underground service facilities; and

�� (3) After the 90-day period following the date of the mailing of the notice, the public authority will order the utilities to disconnect and remove all overhead electric and communication facilities providing service to any structure or improvement within the area. [1969 c.385 �8]

�� 758.250 Conversion of facilities on private lands; procedure; payment of costs. (1) Any conversion of electric or communication service facilities, including service connections, located on a privately owned lot or parcel shall be made at the expense of the landowner by the utility owning the facility. The conversion shall be made in accordance with applicable safety rules, codes, regulations, tariffs or ordinances. The utility shall not be required to convert service lines on property, other than public lands and right of way, until the landowner furnishes to the utility a permit or easement authorizing the utility and its employees, agents and contractors to enter upon real property of the landowner for the purpose of performing conversion work thereon.

�� (2) Upon completion of the conversion of overhead electric or communication service facilities on privately owned lots and parcels within a district, the utility shall file with the public authority a verified statement of the costs of the conversion of such service facilities of each landowner in the district. Promptly thereafter the public authority shall mail to each landowner a copy of such verified statement. [1969 c.385 �9]

�� 758.255 Discontinuance of utility service for noncompliance with conversion provisions. If the owner of any structure or improvement served from the overhead electric or communication service facilities within an underground assessment district does not grant the utility a permit or easement referred to in ORS 758.250 or if such an owner fails to convert to underground service facilities within 90 days after the mailing to the owner of the notice provided by ORS 758.245, the public authority shall order the utility to complete the conversion and to disconnect and remove all overhead facilities, including service facilities, providing service to such structure or improvement. [1969 c.385 �10]

�� 758.260 Competitive bidding for utility conversion. To the extent that the contract between the utility and the public authority provides that all or any part of the conversion work shall be performed by the utility, any statute or charter provision requiring competitive bidding and the award of a contract to the lowest responsible bidder does not apply. [1969 c.385 �11]

�� 758.265 Overhead facilities in assessment district after conversion. Once converted, no overhead electric or communication facilities shall be installed, maintained or operated in any underground assessment district except as authorized by ORS 758.210 to

ORS 223.845

223.845, unless the context requires otherwise:

�� (1) �Actual cost� has the meaning given the term under ORS 310.140.

�� (2) �Capital construction project� means a project for �capital construction,� as defined under ORS 310.140.

�� (3)(a) �Estimated assessment� means, with respect to each property to be assessed in connection with a local improvement, the total assessment that, at the time of giving notice of the assessment and the right to object or remonstrate, the local government estimates will be levied against the property following completion of the local improvement. The estimate shall be based on the local government�s estimate at that time of the actual costs of the local improvement and the proposed formula for apportioning the actual costs to the property.

�� (b) �Estimated assessment� shall be determined by:

�� (A) Excluding from estimated actual costs the estimated financing costs associated with any bonds issued to accommodate the payment of the assessment in installments; and

�� (B) Including in estimated actual costs the estimated financing costs associated with interim financing of the local improvement.

�� (4) �Final assessment� means, with respect to each property to be assessed in connection with a local improvement, the total assessment levied against the property following completion of the local improvement. The total assessment shall be based on the actual costs of the local improvement and the formula for apportioning the actual costs to the property.

�� (5)(a) �Financing� means all costs necessary or attributable to acquiring and preserving interim or permanent financing of a local improvement.

�� (b) The costs of financing may include the salaries, wages and benefits payable to employees of the local government to the extent the same are reasonably allocable to the work or services performed by the employees in connection with the financing of a local improvement or any part thereof. However, as a condition to inclusion of any salaries, wages or benefits payable to employees of a local government as financing costs of a local improvement or any part thereof, the local government shall establish a record keeping system to track the actual work done or services performed by each employee on or in connection with such local improvement.

�� (c) Financing costs that are to be incurred after the levy of a final assessment may be included in the final assessment based on the local government�s reasonable estimate of the financing costs if the local government first documents the basis for the estimate and makes the documentation available to interested persons on request.

�� (6) �Governing body� means the council, commission, board or other controlling body, however designated, in which the legislative powers of a local government are vested.

�� (7) �Installment application� means an application filed by a property owner to have a final assessment paid in installments over a period of years.

�� (8) �Local government� means a local government as defined in ORS 174.116 that has authority to undertake the acquisition, construction, reconstruction, repair, betterment or extension of a local improvement.

�� (9) �Local improvement� has the meaning given the term under ORS 310.140.

�� (10) �Lot� means a lot, block or parcel of land.

�� (11) �Owner� means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor.

�� (12) �Recorder� means the auditor, recorder, clerk or other person or officer of a local government serving as clerk of the local government or performing the clerical work of the local government, or other official or employee as the governing body of a local government shall designate to act as recorder.

�� (13) �Structure� has the meaning given the term under ORS 310.140.

�� (14) �Treasurer� means the elected or appointed official of a local government, however designated, charged by law with the responsibility for acting as custodian of and investment officer for the public moneys of the local government. [1991 c.902 �3; 2003 c.802 �2; 2017 c.283 �3]

APPROPRIATION AND CONDEMNATION OF PROPERTY FOR CITY PURPOSES; SPECIAL PROCEDURE

�� 223.005 Appropriation and condemnation for public use within and without city limits. Any incorporated city may:

�� (1) Appropriate any private real property, water, watercourse and riparian rights to any public or municipal use or for the general benefit and use of the people of the city, including but not limited to appropriation for an aviation field, park, city hall, city buildings, jail, or to protect the city from overflow by freshets.

�� (2) Appropriate any real property, water, watercourse and water and riparian rights, including power sites, to any public or municipal use or for the general benefit and use of the people within or without the city, and to build dams, reservoirs and conduits for the purpose of storing and using water to aid in developing the necessary power to generate electricity for the use and benefit of the people within or without the city.

�� (3) Condemn for its use private property for the purpose of erecting and maintaining electric lines thereon for the purpose of generating and conveying power to light and heat the city, and to be used and sold by the city for manufacturing, transportation, domestic and other purposes, either within or without the corporate limits of the city, and for the purpose of constructing electrical systems for municipal uses. [Amended by 1971 c.134 �1]

�� 223.010 Right of city to enter upon, survey, examine and select property to be appropriated or condemned. For the purposes of ORS 223.005, a city may enter upon, survey and examine property in the manner provided by ORS 35.220 and may select any such property or rights for the purpose of constructing any ditch, drain, dam, dike, canal, flume, sewer, reservoir, septic tank, filter bed, sewer form or purifying plant or laying or constructing and maintaining any pipe, sewer, drain, aqueduct, dam, dike, canal, flume, reservoir, septic tank, filter bed, sewer form or purifying plant or other plant, building or electric lines or system for municipal uses, including but not limited to, aviation fields, parks, city hall, city buildings, jails, docks, piers, slips, shore and terminal structures. [Amended by 1971 c.134 �2; 2003 c.477 �4]

�� 223.015 Manner of appropriation or condemnation; compensation. After selection of such rights and property under ORS 223.010 in such manner as the council provides, the city seeking to make the appropriation may proceed in the manner prescribed by the statutes for the appropriation of land for corporate purposes, and not otherwise, unless otherwise provided by law, to have such property appropriated and the compensation therefor determined and paid. However, the compensation for such condemnation by a city shall be paid by a deposit in the court of an order drawn upon the city treasurer for the amount of compensation.

�� 223.020 Scope of appropriation. Appropriation of property under ORS 223.005 may extend beyond the corporate limits of the city to or along and including any lake, spring, stream or power site.

�� 223.025 [Repealed by 1963 c.297 �1]

�� 223.030 [Repealed by 1963 c.297 �1]

�� 223.035 [Repealed by 1963 c.297 �1]

�� 223.040 [Repealed by 1963 c.297 �1]

MUNICIPAL CONDEMNATION PROCEEDINGS

�� 223.105 Proceedings to condemn property for city improvements when owner and city disagree on price. (1) The provisions of this section apply to every city, whether organized under general law or otherwise.

�� (2) Whenever the council of any incorporated city deems it necessary to take or damage private property for the purpose of establishing, laying out, extending or widening streets, or other public highways and places within any city, or for rights of way for drains, sewers or aqueducts, or for widening, straightening or diverting channels of streams and the improvement of waterfronts, and the council cannot agree with the owner of the property as to the price to be paid, the council may direct proceedings to be taken under the general laws of this state to procure the same.

�� 223.110 [Repealed by 1971 c.741 �38]

ECONOMIC IMPROVEMENT DISTRICTS

�� 223.112 Definitions for ORS 223.112 to 223.132. As used in ORS 223.112 to 223.132, unless the context requires otherwise:

�� (1) �Council� means the city council or other controlling body of a city.

�� (2) �Economic improvement� means:

�� (a) The planning or management of development or improvement activities.

�� (b) Landscaping or other maintenance of public areas.

�� (c) Promotion of commercial activity or public events.

�� (d) Activities in support of business recruitment and development.

�� (e) Improvements in parking systems or parking enforcement.

�� (f) Any other economic improvement activity for which an assessment may be made on property specially benefited thereby. [1985 c.576 �1; 1991 c.902 �4]

�� 223.114 Economic improvement; assessment ordinance. (1) A council may enact an ordinance establishing a procedure to be followed by the city in making assessments for the cost of an economic improvement upon the lots which are specially benefited by all or part of the improvement.

�� (2) In any ordinance adopted under subsection (1) of this section, a city shall not be authorized to:

�� (a) Levy assessments in an economic improvement district in any year that exceed one percent of the real market value of all the real property located within the district.

�� (b) Include within an economic improvement district any area of the city that is not zoned for commercial or industrial use.

�� (c) Levy assessments on residential real property or any portion of a structure used for residential purposes. [1985 c.576 �2; 1989 c.1018 �3; 1991 c.459 �350; 1991 c.902 �5]

�� 223.115 [Repealed by 1971 c.741 �38]

�� 223.117 Requirements of assessment ordinance. (1) An ordinance adopted under ORS 223.114, shall provide for enactment of an assessment ordinance that:

�� (a) Describes the economic improvement project to be undertaken or constructed.

�� (b) Contains a preliminary estimate of the probable cost of the economic improvement and the proposed formula for apportioning cost to specially benefited property.

�� (c) Describes the boundaries of the district in which property will be assessed.

�� (d) Specifies the number of years, to a maximum of five, in which assessments will be levied.

�� (e) Contains provision for notices to be mailed or delivered personally to affected property owners that announce the intention of the council to construct or undertake the economic improvement project and to assess benefited property for a part or all of the cost. The notice shall state the time and place of the public hearing required under paragraph (f) of this subsection.

�� (f) Provides for a hearing not sooner than 30 days after the mailing or delivery of notices to affected property owners at which the owners may appear to support or object to the proposed improvement and assessment.

�� (2) The ordinance shall also:

�� (a) Provide that if, after the hearing held under subsection (1)(f) of this section, the council determines that the economic improvement shall be made, the council shall determine whether the property benefited shall bear all or a portion of the cost and shall determine, based on the actual or estimated cost of the economic improvement, the amount of assessment on each lot in the district.

�� (b) Require the city recorder or other person designated by the council to prepare the proposed assessment for each lot in the district and file it in the appropriate city office.

�� (c) Require notice of such proposed assessment to be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice. The notice shall state the time and place of a public hearing at which affected property owners may appear to support or object to the proposed assessment. The hearing shall not be held sooner than 30 days after the mailing or personal delivery of the notices.

�� (d) Provide that the council shall consider such objections and may adopt, correct, modify or revise the proposed assessments.

�� (e) Provide that the assessments will not be made and the economic improvement project terminated when written objections are received at the public hearing from owners of property upon which more than 33 percent of the total amount of assessments is levied. [1985 c.576 �3; 1989 c.1018 �4]

�� 223.118 Remonstrance against assessment; exclusion of property. (1) In addition to the requirements listed in ORS 223.117 (2), an assessment ordinance adopted under ORS 223.114 and 223.117 may, at the discretion of the council, provide that:

�� (a) When the council receives written objections at the public hearing only from owners of property upon which less than 33 percent of the total amount of assessments is levied, the economic improvement project may be undertaken or constructed, but that assessments shall not be levied on any lot or parcel of property if the owner of that property submitted written objections at the public hearing. Notwithstanding any other provision of law, an owner of property who fails to submit written objections at the public hearing as provided for in the ordinance shall be deemed to have made a specific request for the economic improvement services to be provided during the period of time specified in the assessment ordinance.

�� (b) The council, after excluding from assessment property belonging to such owners, shall determine the amount of assessment on each of the remaining lots or parcels in the district.

�� (c) Notice of such proposed assessment be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice.

�� (2) When assessments are levied against property within an economic improvement district in accordance with an assessment ordinance that contains the provisions described in subsection (1) of this section:

�� (a) Any new owner of benefited property in the district or any owner of benefited property who excluded the property from assessment by submitting written objections to the council may subsequently agree to the assessment of the owner�s property in the district. The council shall apportion the costs to the property for the remaining time in which assessments will be levied.

�� (b) The assessed property may not be relieved from liability for that assessment.

�� (c) If the council considers it necessary to levy assessments upon property in the district for longer than the period of time specified in the assessment ordinance, the council shall enact an ordinance that provides for continued assessments for a specified number of years and grants to property owners in the district the notice and right of remonstrance described in ORS 223.117 (2)(b) to (e) and subsection (1)(a) to (c) of this section. [1991 c.773 �2]

�� 223.119 Advisory committee; functions. An ordinance adopted under ORS 223.114, may require creation, for each economic improvement district, of an advisory committee to allocate expenditure of moneys for economic improvement activities within the scope of ORS 223.112 to

ORS 223.851

223.851 to 223.876 shall specify the services proposed to be financed by the assessments, the maximum amount that may be imposed and the number of years in which assessments will be made.

�� (2) Each assessment measure shall provide for the operation and maintenance of a single street lighting, street maintenance or street cleaning service. More than one measure may be submitted to the electors at a single election. Assessments for street lighting may include an amount sufficient to pay construction, reconstruction, modification and installation costs as well as operating and maintenance costs.

�� (3) The measure shall provide that assessments are in lieu of any existing local option tax for the service to be provided. [1983 c.234 �3; 1999 c.21 �4]

�� 223.857 [1957 c.430 �4; repealed by 1959 c.653 �12]

�� 223.859 [1957 c.430 �5; repealed by 1959 c.653 �12]

�� 223.860 [Renumbered 223.884]

�� 223.861 Basis of assessment. Assessments shall be based upon any reasonable basis of assessment related to services received by the assessed property for the period specified in the measure. [1983 c.234 �4]

�� 223.862 [1957 c.430 �6; repealed by 1959 c.653 �12]

�� 223.864 [1957 c.430 �7; repealed by 1959 c.653 �12]

�� 223.865 [Renumbered 223.886]

�� 223.866 Levy of assessment; manner of collection; effect of nonpayment. (1) The city each year shall estimate assessments needed and the amount of assessment for each tax account, and the amount thereof may be levied and returned to the officer whose duty it is to extend the ad valorem tax roll at the time required by law for taxes to be levied and returned.

�� (2) All assessments levied by the city shall become payable at the same time, may be collected by the same officer who collects ad valorem taxes and shall be turned over to the city according to law.

�� (3) The officer whose duty it is to extend the city levy may extend the levy of the city in the same manner as city taxes are extended.

�� (4) Property shall be subject to sale for the nonpayment of assessments levied by the city in like manner and with like effect as in the case of city taxes. [1983 c.234 �5]

�� 223.867 [1957 c.430 �8; repealed by 1959 c.653 �12]

�� 223.869 [1957 c.430 �9; repealed by 1959 c.653 �12]

�� 223.870 [Renumbered 223.888]

�� 223.871 [1983 c.234 �6; repealed by 1991 c.902 �121]

�� 223.872 [1957 c.430 �10; repealed by 1959 c.653 �12]

�� 223.874 [1957 c.430 �11; repealed by 1959 c.653 �12]

�� 223.875 [Renumbered 223.900]

�� 223.876 Charter authority not affected. ORS 223.851 to 223.876 are in addition to and not a limitation on authority a city may exercise under its charter. [1983 c.234 �7]

�� 223.877 [1957 c.430 �12; repealed by 1959 c.653 �12]

�� 223.878 Inclusion of property outside city in city assessment for local street improvement. (1) The governing body of a city may include property located outside the city as part of the property to be improved or to be assessed for a street improvement, subject to the following conditions:

�� (a) The type of street improvement is one which the city has authority to finance by assessments against property within the city.

�� (b) The governing body of the county, by resolution, approves the improvement if any portion of it is outside the city.

�� (c) The governing body of the county, by resolution, approves the assessment of the property outside the city.

�� (d) The assessment authority, including authority to enforce collection of assessments, is exercised for property outside the city in the same manner as for property within the city.

�� (2) The owners of property outside the city subject to assessment under this section shall have the same rights, including remedies, which the owners of property within the city may have. [Formerly 308.170]

�� Note: 223.878 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 223 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 223.879 [1957 c.430 �13; repealed by 1959 c.653 �12]

�� 223.880 Public roads included in sidewalk improvement district; assessment on property benefited. Any incorporated city, in addition to powers granted by law or charter, may include in any sidewalk improvement district within the city all county roads or state highways or any part thereof which are located within the improvement district. It may cause to be built on the county roads or state highways or portions thereof within the improvement district, sidewalks for pedestrian travel, and may assess the cost thereof upon the property benefited thereby, in the manner provided by charter or law. [Formerly 223.850]

�� 223.882 Acquisition of property by city to aid water commerce. In order to secure benefit from the United States Bonneville electrical and navigation project, all cities may purchase, acquire by condemnation, or lease, real property for the purpose of constructing thereon wharves, docks or other similar structures, or other aid to water-borne commerce, or for providing for sites for the location and operation of industrial or manufacturing plants or works thereon which will use the electrical energy developed by the Bonneville project and which would constitute feeders for docks, wharves or other aids of water-borne commerce. [Formerly

ORS 225.020

225.020, a city council may provide for and make a local assessment for benefits, for all or part of the cost of such construction, against any and all property whether within or without the city or partially within or partially without the city and enforce collection of such assessments. An assessment shall not be levied under this section against property located outside the city, however, unless the governing body of the county where such property is located, by resolution, approved the assessment of the property to be assessed.

�� (2) ORS 224.010 to 224.170, applying to assessments for construction of sewer systems, apply to assessments authorized by this section. [1971 c.269 �2]

�� 225.085 Klamath Cogeneration Project; service contracts; prohibited transactions. Notwithstanding any other law, the City of Klamath Falls, acting solely in connection with the ownership and operation of the Klamath Cogeneration Project, may enter into transactions with other persons or entities for the production, supply or delivery of electricity or fuel on an economic, dependable and cost-effective basis, including financial products contracts and other service contracts that reduce the risk of economic losses in the transactions. This section does not authorize any transaction that:

�� (1) Constitutes the investment of surplus funds for the purpose of receiving interest or other earnings from the investment; or

�� (2) Is intended or useful for any purpose other than the production, supply or delivery of electricity or fuel on a cost-effective basis. [1999 c.683 �2]

�� Note: 225.085 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 225 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 225.087 Municipal water and wastewater service charges imposed by certain cities. (1) This section applies to the City of Bandon, the City of North Bend and the City of Reedsport.

�� (2) Notwithstanding any provision of the city�s charter or code to the contrary, fees, rates or any other charges imposed for municipal water and wastewater services provided by the city may be set by a majority vote of the governing body of the city. [2025 c.240 �1]

�� Note: 225.087 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 225 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

TELEPHONE SYSTEM

�� 225.110 Ownership and operation of telephone system by city within or without city limits. When authorized by its charter or act of incorporation, a city may purchase, build, own, operate and maintain telephone or telegraph systems within or without its boundaries, for the benefit and use of its inhabitants at cost or for profit. [Amended by 2005 c.22 �169]

�� 225.120 Interconnections; cooperation with state. For the purposes of ORS 225.110, a city may interconnect by agreement or otherwise with other public or private telephone systems and conduct both a local and long distance telephone business or it may cooperate with the state at any time that the state undertakes to handle the long distance telephone service for its cities, telephone districts or both.

�� 225.130 Right to acquire property. For any of the purposes of ORS 225.110 and 225.120, a city may acquire rights of way, easements and real property within or without its boundaries.

�� 225.140 Condemnation of private property for telephone system. Except as provided in ORS 225.150 and 225.160, in exercising the powers granted by ORS 225.110 to 225.130, a city may bring actions for condemnation or taking of any private property necessary for such public use, in the manner provided or permitted by law for private corporations, notwithstanding that the property may already be devoted to a public use.

�� 225.150 Compensation. The city shall pay compensation by deposit in court of an order drawn on the city treasurer for the amount of compensation fixed by the court in the condemnation proceeding.

�� 225.160 Alternate condemnation proceeding. In lieu of proceeding under ORS 225.140, a city may elect to proceed with condemnation in the manner provided by law for condemnation of land for highway or other purposes by this state.

MUNICIPAL LIGHT AND POWER SYSTEM

�� 225.210 Compliance with rate statutes. Each city which owns and operates an electric light and power system or which distributes electric energy for hire, shall charge such rates therefor as meet the requirements of ORS 225.220 to 225.300.

�� 225.220 Enforcement of statutory requirements. (1) The requirements of ORS 225.210 to 225.300 shall be enforced and observed by that officer who by the charter is charged with the administration of any electric light and power plant or distributing system owned or operated by the city.

�� (2) As used in this section, �officer� includes board or other public authority of the city.

�� 225.230 Rates set in accordance with estimates of annual expenses. (1) The officer referred to in ORS

ORS 225.220

225.220 shall annually before January 1, make a written estimate of the probable expense of maintaining and conducting the electric light plant or distributing system during the next ensuing year, including the cost of any contemplated alterations, improvements, additions or extensions, together with the probable amount necessary for redemption of any unpaid warrants and the interest thereon, as well as the amount required for payment of interest and maturing principal on any outstanding bonds of the city issued for or in connection with any such electric light plant or distributing system.

�� (2) The officer shall thereupon ascertain and prescribe as near as can conveniently be done an electric current rate or rates for the ensuing year which will create a fund sufficient to meet all requirements in subsection (1) of this section.

�� (3) The officer may also include a further amount sufficient to create such fund, as in the judgment of the officer may be desirable or necessary to meet requirements of future contemplated additions, improvements or extensions to the plant or system.

�� 225.240 Sole authority to set rates. The officer referred to in ORS 225.220 shall be the sole judge of what rates or charges shall be exacted for the electric current furnished for use of street lighting and other public purposes for the city.

�� 225.250 Application of earnings. The earnings of the electric plant or distributing system shall be applied and used in payment of warrants and interest thereon issued in connection with operation of any such plant or system, and also in payment for alterations, improvements, additions or extensions and for redemption and retirement of outstanding bonds, together with interest thereon, and shall be expended only in connection with and for improving such plant or system and not for other municipal purposes, except as otherwise provided in ORS 225.270.

�� 225.260 Use of proceeds of bond issues. The proceeds of bond issues issued after June 6, 1931, by authority of charter provisions of the city for the purpose of creating, acquiring, building, improving, enlarging, altering or repairing the plant or system referred to by ORS 225.210 shall be used exclusively for the purposes for which such bonds were authorized and issued.

�� 225.270 Use of surplus revenue. When any city which owns or operates a municipal electric power plant or system or distributing system, has paid principal and interest to date on all indebtedness incurred in connection therewith, and has created and accumulated an adequate depreciation and replacement reserve in the judgment of the officer having control of such plant or system, the city shall, for the purpose of reducing general property taxes within such city, pay to itself not less than three percent of the annual gross operating revenue of such plant or system, or a volumetric charge based upon the amounts of electricity delivered, transmitted or distributed to retail electricity consumers regardless of the source. The volumetric charge shall not be less than the equivalent of three percent of the gross operating revenues of the municipality utility in 1999. The city shall adjust a volumetric charge to end users such that charges established for different customer classes bear the same approximate relationship as the gross revenues per kilowatt hour paid by the classes in 1999. [Amended by 1999 c.865 �32]

�� 225.280 Warrants on future income; limitations; retirement. (1) When authorized by the city charter, the officer referred to in ORS 225.220 as having charge of the electric plant or distributing system may execute its warrants upon the city treasurer, drawn against the funds created by and for the benefit of such plant or system in excess of the current cash on hand but not in an amount exceeding one-half of the estimated annual income for the next ensuing year, from such plant or system. The estimate of annual income shall be made by the officer referred to in ORS 225.220.

�� (2) Warrants so drawn in excess of the cash on hand in any such fund shall be stamped �Not Paid for Want of Funds� by the city treasurer, shall bear the legal interest from the date of such indorsement until the date of payment and shall be paid from the current receipts of the plant or system. The warrant indebtedness shall not be considered or construed to be within the charter limitations respecting any municipal debt.

�� (3) Warrants issued pursuant to this section shall be retired in the order of their presentation for indorsement �Not Paid for Want of Funds� as funds are available.

�� 225.290 Right to acquire use of unappropriated state waters. Any city which is authorized by its charter or by law to construct, acquire, maintain or operate an electric generating plant or distributing system may acquire in its own name the right to use the unappropriated waters of this state in accordance with laws of this state. [Amended by 1955 c.707 �32]

�� 225.300 Filing for use of unappropriated state waters; limitations; determination of reasonable requirements. Any filing made by any city upon the unappropriated waters of this state for use in the future development of a hydroelectric plant by such city shall be reserved to such city and shall not be subject to appropriation by any other person, municipality or corporation unless it is judicially determined that the filing exceeds the reasonable present and future requirements of such city. In that event the surplus or excess may, by judgment of a court of competent jurisdiction, be released and discharged from the filing. Proceedings in court for the determination of whether or not the filing by any city exceeds its reasonable present and future requirements may be instituted by the State of Oregon, by the Water Resources Commission in the name of and for the State of Oregon, or by any other applicant for the right to use the waters involved. [Amended by 1955 c.707 �33; 2003 c.576 �400]

IRRIGATION AND FIRE PROTECTION SYSTEM

�� 225.310 Definitions for ORS 225.310 to 225.400. As used in ORS 225.310 to 225.400, unless the context requires otherwise, �facilities� means a water supply for irrigation and for fire protection of property within the city together with a distribution system therefor, reservoirs, pumps, mains, stations, with all appurtenances necessary, useful or convenient for the treatment, storage and distribution of water supply.

�� 225.320 Ownership and operation of irrigation and fire protection facilities by city within or without city limits. Any city may own, acquire, construct, equip, operate and maintain within or without its statutory or corporate limits, in whole or in part, facilities for irrigation and fire protection.

�� 225.330 Acquisition of property for facilities. (1) For the purposes of ORS 225.320, the city may acquire by gift, grant, purchase or condemnation necessary lands and rights of way within or without its statutory or corporate limits.

�� (2) For the purpose of acquiring property under subsection (1) of this section, the city may invoke and shall have the rights, powers and privileges granted public corporations by laws pertaining to this subject.

�� 225.340 Establishing rates. The city governing body may establish just and equitable rates or charges to be paid for the use of the irrigation and fire protection facilities by each person, firm or corporation whose premises are served thereby, or upon subsequent service thereto.

�� 225.350 Recovery of service charges. If the service charges established under ORS 225.340 are not paid when due, the amounts thereof, together with such penalties, interests and costs as may be provided by the city governing body, may be recovered in an action at law. [Amended by 1991 c.459 �354]

�� 225.360 Approval, issuance, payment of bonds. For the purposes of ORS 225.320, the city governing body may, after referring the question of acquiring and constructing the facilities to a vote of the electors of the city and after approval thereof by a majority of the electors, authorize the issuance of and cause to be issued bonds of the city for such purposes, either general obligation, limited obligation or self-liquidating in character, in a sum not more than the amount authorized at such election and subject to the provisions of ORS 225.370 and 225.380. Bonds so authorized and issued may provide for payment of both principal and interest thereon from service charges to be imposed by the city governing body for services to be extended and through employment and use of the irrigation and fire protection facilities. If service charges are imposed to be so paid, such portion thereof as may be deemed sufficient shall be set aside as a sinking fund for payment of interest on the bonds and the principal thereof at maturity.

�� 225.370 Terms of bonds. The city governing body may determine the maturities and tenor of bonds issued under ORS

ORS 225.360

225.360. However, the bonds shall be serial in character and in accordance with any provisions of law or charter. The bonds shall:

�� (1) Be payable in not to exceed 30 years from the date of issuance thereof.

�� (2) Be sold at a price to net the city not less than the par value thereof with accrued interest.

�� (3) Bear interest at not to exceed six percent per annum. [Amended by 2005 c.22 �170]

�� 225.380 Application of debt limitations. The amount of any self-liquidating bonds issued under ORS 225.360 shall not be within any limitation of indebtedness fixed by law or charter, but shall be in addition to the amount of the bonds within the limitation. However, the aggregate of the bonds, after deducting sinking funds applicable to payment of principal of the bonds, shall not exceed two and one-half percent of the latest real market value of the issuing city. [Amended by 1967 c.293 �27; 1981 c.804 �74; 1991 c.459 �355]

�� 225.390 Preparation and examination of plans. Before calling any election for the purposes set forth in ORS 225.360, the city governing body shall cause to be prepared plans, specifications and estimates of costs of any proposed facilities to be voted upon, which may be examined by any elector of the city.

�� 225.400 Scope of municipal authority. The authority given by ORS 225.310 to 225.390 shall be in addition to and not in derogation of any power existing in any city under any constitutional, statutory or charter provisions.

MUNICIPAL OWNERSHIP OF POWER FACILITIES

�� 225.450 Definitions for ORS 225.450 to 225.490. As used in ORS 225.450 to 225.490, unless the context requires otherwise:

�� (1) �City� means a city organized under the law of California, Colorado, Idaho, Montana, Nevada, Oregon, Washington or Wyoming and owning and operating an electric light and power system.

�� (2) �Common facilities� means any works and facilities necessary or incidental to the generation, transmission, distribution or marketing of electric power and related goods and commodities.

�� (3) �District� means a people�s utility district organized under ORS chapter 261 or a similar public utility district organized under the law of California, Colorado, Idaho, Montana, Nevada, Washington or Wyoming.

�� (4) �Electric cooperative� means a cooperative corporation organized under the law of California, Colorado, Idaho, Oregon, Montana, Nevada, Washington or Wyoming and owning and operating an electric generation, transmission or distribution system. [1967 c.603 �2; 1979 c.151 �1; 1993 c.141 �1; 1999 c.865 �34]

�� 225.460 Policy. (1) The Legislative Assembly finds and declares it to be in the public interest and for a public purpose that cities, districts, electric cooperatives and electric utility companies participate as authorized in ORS 225.450 to 225.490 jointly and with other persons to:

�� (a) Achieve economies of scale in the generation of electricity;

�� (b) Meet the future power needs of this state and its inhabitants; and

�� (c) Participate in transactions useful for the development of an efficient system for the transmission and distribution or marketing of electric power and related goods and commodities.

�� (2) ORS 225.450 to 225.490 shall be construed liberally to effectuate the purposes set out in subsection (1) of this section. [1967 c.603 �3; 1999 c.865 �35]

�� 225.470 Authority of city to acquire interest in power facilities. In addition to the powers otherwise conferred on cities of this state, a city that owns or operates an electric light and power system, or a city that owns or operates an electric cogeneration facility as defined in ORS 758.505, may plan, finance, construct, acquire, operate, own and maintain an undivided interest in common facilities within or without the state jointly with one or more other cities, with one or more districts, with one or more electric cooperatives or with one or more persons, or with any combination of such cities, districts, electric cooperatives or persons, and may make such plans and enter into such contracts and agreements as are necessary or appropriate for such joint planning, financing, construction, acquisition, operation, ownership or maintenance. [1967 c.603 �4; 1979 c.151 �2; 1993 c.141 �2; 1999 c.865 �36; 2001 c.733 �4]

�� 225.480 City liability; application of moneys; use of eminent domain prohibited. (1) In carrying out the powers granted in ORS 225.470, a city of this state shall be liable only for its own acts with regard to the planning, financing, construction, acquisition, operation, ownership or maintenance of common facilities. No moneys or other contributions supplied by a city of this state for the planning, financing, construction, acquisition, operation or maintenance of common facilities shall be credited or applied otherwise to the account of any other participant in the common facilities.

�� (2) A city shall not exercise its power of eminent domain to acquire a then existing thermal power plant or any part thereof. [1967 c.603 �5]

�� 225.490 Use of municipal money or property; revenue bonds. Any city of this state participating in common facilities under ORS 225.450 to 225.490 may furnish money and provide property, both real and personal, and to the extent and in the manner provided by its charter issue and notwithstanding any other provision of law, sell, either at public or privately negotiated sale, revenue bonds pledging revenues of its electric system and its interest or share of the revenues derived from the common facilities and any additions or betterments thereto, in order to pay its respective share of the cost of the planning, financing, acquisition and construction thereof. All moneys paid or property supplied by any such city for the purpose of carrying out the powers conferred by ORS 225.450 to 225.490 are declared to be for a public purpose. [1967 c.603 �6; 1969 c.341 �1; 1999 c.865 �37]

ORS 225.490

225.490�� Use of municipal money or property; revenue bonds

MUNICIPAL OWNERSHIP AND OPERATION OF PUBLIC UTILITIES GENERALLY

�� 225.010 Definition of �city.� As used in this chapter, unless the context requires otherwise, �city� means any incorporated city or town.

�� 225.020 Ownership and operation of utilities by city within and without city limits. (1) When the power to do so is conferred by or contained in its charter or act of incorporation, any city may build, own, operate and maintain waterworks, water systems, railways and railroads, electric light and power plants, within and without its boundaries for the benefit and use of its inhabitants and for profit. To that end it may:

�� (a) Acquire water systems and use, sell and dispose of its water for domestic, recreational, industrial, and public use and for irrigation and other purposes within and without its boundaries.

�� (b) Build, acquire, own and operate railways operated by steam, electric or other power within and without its boundaries and running from such city to other towns, cities and points without its boundaries.

�� (c) Acquire right of way, easements or real property within and without its boundaries for any such purpose.

�� (2) In exercising such powers, any city may bring actions for the condemnation or taking of private property for public use in the same manner as private corporations are now authorized or permitted by law to do. [Amended by 1967 c.306 �1]

�� 225.030 Utility may provide services within or without city limits. Any city owning, controlling or operating a system of waterworks or electric light and power system for supplying water or electricity for its inhabitants and for general municipal purposes, and any person controlling or operating any water system or electric light and power system under contract, lease or private ownership, may sell, supply and dispose of water or electricity from such system to any person within or without the limits of the city in which the water or electric light and power system is operated, and may make contracts in reference to the sale and disposal of water or electricity from such system, for use within or without the corporate limits. [Amended by 2005 c.22 �167]

�� 225.040 Validation of prior municipal contracts. All contracts or agreements made prior to May 20, 1911, and in effect as of that date, for sale and disposal of water or electricity by any city or person operating, controlling or owning water or electric light and power systems, to any person within or without the limits of the city in which the system is operated, are ratified and declared legal and valid contracts in so far as the right of the city to contract with reference to same is concerned. [Amended by 2005 c.22 �168]

�� 225.050 Joint construction, ownership and operation of waterworks; financing. (1) Any or all cities may construct, own or operate jointly, in such proportion as they may agree, waterworks and water pipelines, water rights and water.

�� (2) For the purposes of subsection (1) of this section, the cities may:

�� (a) Purchase, own, hold, appropriate and condemn land, rights of way, water or water rights in their own names or in the name of a joint or other commission or agency.

�� (b) Purchase one from the other or others waterworks, water pipelines, water rights or water or any interest therein or in either of them.

�� (c) Provide joint or other commissions or agencies for construction, operation or control of the matters listed in this section.

�� (d) Issue, sell or otherwise dispose of bonds or other securities of the city for the purpose of carrying out any of the provisions of this section.

�� 225.060 Several or joint ownership, operation and financing of municipal utilities in another state. (1) Whenever authorized by their charter or incorporation law, cities and other municipal corporations may, either severally or in joint agreement, purchase, own, operate and maintain any works in an adjoining state necessary or pertinent to the furnishing of water supply or electric power, or both, for the benefit and use of their inhabitants and for profit, in so far as authorized and permitted by the laws of the adjoining state.

�� (2) For the purposes stated in subsection (1) of this section, and subject to its limitations, cities and other municipal corporations may purchase, own, appropriate and condemn land, rights of way, and water or water rights or both.

�� (3) Cities and other municipal corporations may also issue, sell and otherwise dispose of their bonds or other securities for the purposes of this section.

�� 225.070 Use of surplus city waters for federal military purposes. The governing body of any city may contract with and permit the United States of America to use for military purposes within or without the boundaries of such city the surplus waters thereof and such use shall be deemed to be for municipal purposes.

�� 225.080 Financing costs of municipal waterworks or water system; benefit assessments. (1) In order to finance the cost of installing any improvement for waterworks or water systems authorized by ORS

ORS 227.600

227.600�� Land use approval preapplication review

CITY PLANNING COMMISSION

�� 227.010 Definition for ORS 227.030 to 227.300. As used in ORS 227.030 to 227.300, �council� means a representative legislative body. [Amended by 1975 c.767 �1]

�� 227.020 Authority to create planning commission. (1) A city may create a planning commission for the city and provide for its organization and operations.

�� (2) This section shall be liberally construed and shall include the authority to create a joint planning commission and to utilize an intergovernmental agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.739 �1; 1975 c.767 �2]

�� 227.030 Membership. (1) Not more than two members of a city planning commission may be city officers, who shall serve as ex officio nonvoting members.

�� (2) A member of such a commission may be removed by the appointing authority, after hearing, for misconduct or nonperformance of duty.

�� (3) Any vacancy in the commission must be filled by the appointing authority for the unexpired term of the predecessor in the office.

�� (4) If the commission has five or fewer members, no more than two voting members of the commission may engage principally in the buying, selling or developing of real estate for profit as individuals, or be members of any partnership, or officers or employees of any corporation, that engages principally in the buying, selling or developing of real estate for profit. No more than two members may be engaged in the same kind of occupation, business, trade or profession. [Amended by 1969 c.430 �1; 1973 c.739 �2; 1975 c.767 �3; 2025 c.355 �2]

�� 227.035 [1973 c.739 �5; renumbered 244.135 in 1993]

�� 227.040 [Repealed by 1973 c.739 �13]

�� 227.050 [Amended by 1969 c.430 �2; repealed by 1975 c.767 �16]

�� 227.060 [Repealed by 1975 c.767 �16]

�� 227.070 [Amended by 1969 c.430 �3; 1973 c.739 �3; repealed by 1975 c.767 �16]

�� 227.080 [Repealed by 1973 c.739 �13]

�� 227.090 Powers and duties of commission. (1) Except as otherwise provided by the city council, a city planning commission may:

�� (a) Recommend and make suggestions to the council and to other public authorities concerning:

�� (A) The laying out, widening, extending and locating of public thoroughfares, parking of vehicles, relief of traffic congestion;

�� (B) Betterment of housing and sanitation conditions;

�� (C) Establishment of districts for limiting the use, height, area, bulk and other characteristics of buildings and structures related to land development;

�� (D) Protection and assurance of access to incident solar radiation; and

�� (E) Protection and assurance of access to wind for potential future electrical generation or mechanical application.

�� (b) Recommend to the council and other public authorities plans for regulating the future growth, development and beautification of the city in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, and plans consistent with future growth and development of the city in order to secure to the city and its inhabitants sanitation, proper service of public utilities and telecommunications utilities, including appropriate public incentives for overall energy conservation and harbor, shipping and transportation facilities.

�� (c) Recommend to the council and other public authorities plans for promotion, development and regulation of industrial and economic needs of the community in respect to industrial pursuits.

�� (d) Advertise the industrial advantages and opportunities of the city and availability of real estate within the city for industrial settlement.

�� (e) Encourage industrial settlement within the city.

�� (f) Make economic surveys of present and potential industrial needs of the city.

�� (g) Study needs of local industries with a view to strengthening and developing them and stabilizing employment conditions.

�� (h) Do and perform all other acts and things necessary or proper to carry out the provisions of ORS 227.010 to 227.170, 227.175 and 227.180.

�� (i) Study and propose such measures as are advisable for promotion of the public interest, health, morals, safety, comfort, convenience and welfare of the city and of the area within six miles thereof.

�� (2) For the purposes of this section:

�� (a) �Incident solar radiation� means solar energy falling upon a given surface area.

�� (b) �Wind� means the natural movement of air at an annual average speed measured at a height of 10 meters of at least eight miles per hour. [Amended by 1975 c.153 �3; 1975 c.767 �4; 1979 c.671 �3; 1981 c.590 �8; 1987 c.447 �118]

�� 227.095 Definitions for ORS 227.100 and 227.110. As used in ORS 227.100 and 227.110, �subdivision� and �plat� have the meanings given those terms in ORS 92.010. [1955 c.756 �28]

�� 227.100 Submission of plats for subdivisions and plans for street alterations and public buildings to commission; report. All subdivision plats located within the city limits, and all plans or plats for vacating or laying out, widening, extending, parking and locating streets or plans for public buildings shall first be submitted to the commission by the city engineer or other proper municipal officer, and a report thereon from the commission secured in writing before approval is given by the proper municipal official. [Amended by 1955 c.756 �26]

�� 227.110 City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city; exception. (1) All subdivision plats and all plats or deeds dedicating land to public use in that portion of a county within six miles outside the limits of any city shall first be submitted to the city planning commission or, if no such commission exists, to the city engineer of the city and approved by the commission or engineer before they shall be recorded. However, unless otherwise provided in an urban growth area management agreement jointly adopted by a city and county to establish procedures for regulating land use outside the city limits and within an urban growth boundary acknowledged under ORS 197.251, if the county governing body has adopted ordinances or regulations for subdivisions and partitions under ORS 92.044, land within the six-mile limit shall be under the jurisdiction of the county for those purposes.

�� (2) It shall be unlawful to receive or record such plat or replat or deed in any public office unless the same bears thereon the approval, by indorsement, of such commission or city engineer. However, the indorsement of the commission or city engineer of the city with boundaries nearest the land such document affects shall satisfy the requirements of this section in case the boundaries of more than one city are within six miles of the property so mapped or described. If the governing bodies of such cities mutually agree upon a boundary line establishing the limits of the jurisdiction of the cities other than the line equidistant between the cities and file the agreement with the recording officer of the county containing such boundary line, the boundary line mutually agreed upon shall become the limit of the jurisdiction of each city until superseded by a new agreement between the cities or until one of the cities files with such recording officer a written notification stating that the agreement shall no longer apply. [Amended by 1955 c.756 �27; 1983 c.570 �5; 1991 c.763 �25]

�� 227.120 Procedure and approval for renaming streets. Within six miles of the limits of any city, the commission, if there is one, or if no such commission legally exists, then the city engineer, shall recommend to the city council the renaming of any existing street, highway or road, other than a county road or state highway, if in the judgment of the commission, or if no such commission legally exists, then in the judgment of the city engineer, such renaming is in the best interest of the city and the six mile area. Upon receiving such recommendation the council shall afford persons particularly interested, and the general public, an opportunity to be heard, at a time and place to be specified in a notice of hearing published in a newspaper of general circulation within the municipality and the six mile area not less than once within the week prior to the week within which the hearing is to be held. After such opportunity for hearing has been afforded, the city council by ordinance shall rename the street or highway in accordance with the recommendation or by resolution shall reject the recommendation. A certified copy of each such ordinance shall be filed for record with the county clerk or recorder, and a like copy shall be filed with the county assessor and county surveyor. The county surveyor shall enter the new names of such streets and roads in red ink on the county surveyor�s copy of any filed plat and tracing thereof which may be affected, together with appropriate notations concerning the same. The original plat may not be corrected or changed after it is recorded with the county clerk. [Amended by 2001 c.173 �4]

�� 227.130 [Repealed by 1975 c.767 �16]

�� 227.140 [Repealed by 1975 c.767 �16]

�� 227.150 [Repealed by 1975 c.767 �16]

PLANNING AND ZONING HEARINGS AND REVIEW

�� 227.160 Definitions for ORS 227.160 to 227.186. As used in ORS 227.160 to 227.186:

�� (1) �Hearings officer� means a planning and zoning hearings officer appointed or designated by a city council under ORS 227.165.

�� (2) �Permit� means discretionary approval of a proposed development of land, under ORS

ORS 243.650

243.650 to 243.809 shall govern the negotiation of a collective bargaining agreement and any changes to an existing agreement. The mutual rights and obligations of the board and the employees or their representatives shall be those provided under ORS 243.650 to 243.809.

�� (4) Whenever any district acquires any utility which at the time of acquisition is in private ownership:

�� (a) The district shall, within financial and organizational limitations, offer employment to all employees of the private utility whose work primarily served the affected territory.

�� (b) Where the employees of the private utility are, at the time of acquisition, covered by any collective bargaining contract, plan for individual annuity contracts, retirement income policies, group annuity contract or group insurance for the benefit of employees, the district shall maintain any benefits or privileges that employees of the acquired utility would receive or be entitled to had the acquisition not occurred by:

�� (A) Assuming for one year all of the rights, obligations and liabilities of the acquired private utility in regard to that collective bargaining contract or plan for the employees covered thereby at the time of acquisition; or

�� (B) Substituting a similar plan or contract under an agreement with a majority of the affected employees.

�� (c) The district may pay all or part of the premiums or other payments required under paragraph (b) of this subsection out of the revenue derived from the operation of its properties.

�� (d) The district shall recognize the collective bargaining agent of the employees if the district retains a majority of the employees of the private utility working in the affected territory. [Amended by 1979 c.558 �23; 1985 c.474 �2; 2003 c.794 �223]

�� 261.348 Transactions for production, supply or delivery of electricity; financial products contracts. (1) Notwithstanding any other law, people�s utility districts and municipal electric utilities may enter into transactions with other persons or entities for the production, supply or delivery of electricity on an economic, dependable and cost-effective basis, including financial products contracts and other service contracts that reduce the risk of economic losses in the transactions. This subsection does not authorize any transaction that:

�� (a) Constitutes the investment of surplus funds for the purpose of receiving interest or other earnings from the investment; or

�� (b) Is intended or useful for any purpose other than the production, supply or delivery of electricity on a cost-effective basis.

�� (2) Nothing in subsection (1) of this section prohibits a people�s utility district or a municipal electric utility from entering into any transaction for the acquisition, construction, improvement or equipping of a renewable energy facility or for the purchase or sale of electricity, electrical capacity or renewable energy certificates. [1999 c.683 �1; 2007 c.301 �40; 2007 c.895 �11]

�� Note: 261.348 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 261 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 261.350 Agreements for use of excess district facilities. Whenever any of the facilities, works or utilities of the district, or any part thereof, are not used or employed to its fullest capacity for the benefits or requirements of the district or its inhabitants, the district may enter into agreements, upon terms and conditions satisfactory to the board, for renting, leasing or otherwise using the available portion or parts of such facilities, works or utilities. In connection with any such agreement, renting or leasing, the district may undertake or perform any services incidental thereto. [Amended by 1981 c.758 �3]

�� 261.355 Procedure for issuance and sale of revenue bonds. (1) For the purpose of carrying into effect the powers granted in this chapter, any district may issue and sell revenue bonds, when authorized by a majority of its electors voting at any primary election, general election or special election.

�� (2) All revenue bonds issued and sold under this chapter shall be so conditioned as to be paid solely from that portion of the revenues derived by the district from the sale of water, waterpower and electricity, or any of them, or any other service, commodity or facility which may be produced, used or furnished in connection therewith, remaining after paying from those revenues all expenses of operation and maintenance, including taxes.

�� (3) Notwithstanding subsection (1) of this section and subject to subsection (4) of this section, any district may, by a duly adopted resolution of its board, issue and sell revenue bonds for the purpose of financing betterments and extensions of the district, including renewable energy facilities or the purchase or sale of electricity, electrical capacity or renewable energy certificates, but the amount of revenue bonds so issued shall be limited to the reasonable value of the betterments and extensions plus an amount not to exceed 10 percent thereof for administrative purposes. Revenue bonds shall not be issued and sold for the purpose of acquiring an initial utility system or acquiring property or facilities owned by another entity that provides electric utility service unless:

�� (a) The acquisition is a voluntary transaction between the district and the other entity that provides electric utility service; or

�� (b) The electors within the district have approved issuance of the bonds by a vote.

�� (4) Not later than the 30th day prior to a board meeting at which adoption of a resolution under subsection (3) of this section will be considered, the district shall:

�� (a) Provide for and give public notice, reasonably calculated to give actual notice to interested persons including news media which have requested notice, of the time and place of the meeting and of the intent of the board to consider and possibly adopt the resolution; and

�� (b) Mail to its customers notice of the time and place of the meeting and of the intent of the board to consider and possibly adopt the resolution.

�� (5) Except as otherwise provided in this section, any authorizing resolution adopted for the purposes of subsection (3) of this section shall provide that electors residing within the district may file a petition with the district asking to have the question of whether to issue such bonds referred to a vote.

�� (6) If within 60 days after adoption of a resolution under subsection (3) of this section the district receives petitions containing valid signatures of not fewer than five percent of the electors of the district, the question of issuing the bonds shall be placed on the ballot at the next date on which a district election may be held under ORS 255.345 (1).

�� (7) When petitions containing the number of signatures required under subsection (6) of this section are filed with the district within 60 days after adoption of a resolution under subsection (3) of this section, revenue bonds shall not be sold until the resolution is approved by a majority of the electors of the district voting on the resolution.

�� (8) Any district issuing revenue bonds may pledge that part of the revenue which the district may derive from its operations as security for payment of principal and interest thereon remaining after payment from such revenues of all expenses of operation and maintenance, including taxes, and consistent with the other provisions of this chapter.

�� (9) Prior to any district board taking formal action to issue and sell any revenue bonds under this section, the board shall have on file with the secretary of the district a certificate executed by a qualified engineer that the net annual revenues of the district, including the property to be acquired or constructed with the proceeds of the bonds, shall be sufficient to pay the maximum amount that will be due in any one fiscal year for both principal of and interest on both the bonds then proposed to be issued and all bonds of the district then outstanding.

�� (10) Except as otherwise provided in this section, the district shall order an election for the authorization of revenue bonds to finance the acquisition or construction of an initial utility system, including the replacement value of the unreimbursed investment of an investor owned utility in energy efficiency measures and installations within the proposed district, as early as practicable under ORS 255.345 after filing the certificate required under subsection (9) of this section. An election for the authorization of revenue bonds to finance the acquisition or construction of an initial utility system shall be held no more than twice in any one calendar year for any district. In even-numbered years no election shall be held on any other date than the date of the primary election or general election.

�� (11) A district may issue revenue bonds under ORS 287A.150 without an election authorizing the issuance, except that revenue bonds shall not be issued under ORS 287A.150 for the purpose of acquiring an initial utility system or acquiring property or facilities owned by another entity that provides electric utility service unless:

�� (a) The acquisition is a voluntary transaction between the district and the other entity that provides electric utility service; or

�� (b) The electors within the district have approved issuance of the bonds by a vote. [Amended by 1959 c.548 �1; 1979 c.558 �24; 1987 c.267 �71; 1991 c.358 �5; 1991 c.572 ��1,2; 1995 c.79 �91; 1995 c.712 �97; 2003 c.14 �125; 2007 c.301 �41; 2007 c.783 �232c; 2007 c.895 �12a]

�� 261.360 Authority to issue general obligation bonds. (1) When authorized by a majority of its electors voting at any primary election or general election or at a special election, at which special election not less than 25 percent of the electors of the district voted on the question, any district may issue and sell general obligation bonds so conditioned that the district shall therein and thereby unconditionally undertake, promise and agree to pay the same in whole or in part from revenue or from taxes or both.

�� (2) The general obligation bonds of the district outstanding at any time shall not exceed two and one-half percent (0.025) of the real market value of all taxable property within the limits of the district.

�� (3) General obligation bonds may be made payable primarily from and secured by a lien on and pledge of the revenues derived by the district from its operations remaining after paying from such revenues all expenses of operation and maintenance, and secondarily from taxes. [Amended by 1959 c.548 �2; 1967 c.293 �24; 1983 c.83 �35; 1987 c.267 �72; 1991 c.459 �356; 1993 c.18 �45; 1995 c.712 �98; 2003 c.14 �126]

�� 261.365 Bond requirements. (1) All revenue bonds issued under ORS 261.355 shall contain a clause that they are payable solely from revenues derived by the district from its operations, remaining after paying from said revenues all expenses of operation and maintenance, including taxes.

�� (2) Such bonds may be issued from time to time, shall be of such denominations, and shall run for a period not exceeding 40 years, all as the board of directors may determine.

�� (3) Every issue of bonds shall be in serial form, with definite maturities, and shall mature in annual or semiannual installments. The first installment of principal shall fall due and be payable not later than five years, and the last installment not later than 40 years, after the date of issue. The combined installments of principal and interest due each year during such period shall be in such amounts as the board of directors may determine so as to permit maturity in accordance with anticipated revenues.

�� (4) All such bonds, at the discretion of the board of directors, shall contain provisions for call and redemption by the district of all or any part of the issue, at the option of the district, on any interest-paying date after the date of issuance, upon payment of the principal and accrued interest to the date of call.

�� (5) The bonds shall be signed on behalf of the district by its president or chairperson and be countersigned by its secretary. The seal of the district shall be affixed to each bond, but not to the coupon. The coupon, in lieu of being signed, may have printed thereon the facsimile signature of such officers.

�� (6) The bonds shall be payable at a place therein named, to their bearer or registered holder in the principal amount named therein, at maturity thereof, in lawful money of the United States, at the rate per annum therein named, payable semiannually on such dates as the board of directors may determine, in accordance with the tenor and terms of interest coupons thereto attached. [Amended by 1957 c.334 �3; 1969 c.76 �1; 1971 c.392 �1; 1981 c.94 �13]

�� 261.370 [Repealed by 1975 c.642 �6 (261.371 enacted in lieu of 261.370)]

�� 261.371 Authority to issue and sell revenue bonds. Notwithstanding any other provision of law, revenue bonds issued and sold under this chapter may be issued and sold as prescribed in ORS chapter 287A. [1975 c.642 �7 (enacted in lieu of 261.370); 1979 c.558 �25; 1981 c.584 �1; 2007 c.783 �82]

�� 261.375 Election to authorize district bond issue. (1) Except as provided in ORS 261.355 (3) and subject to ORS 261.355 (10), before any district issues general obligation or revenue bonds, other than general obligation refunding, revenue refunding or advance refunding bonds, the question of whether the bonds shall be issued shall be submitted to the electors of the district, either at any general, state or county election or at a special election called for that purpose by the board of the district to be held on a date specified in ORS 255.345.

�� (2) At the election the notice and ballots shall contain a statement of the amount of bonds to be voted on and the purpose for which the bonds are to be used. If a majority of those voting on the question vote �yes,� the board of directors is authorized to issue bonds of the character and in the amount designated by the election ballot. [Amended by 1973 c.796 �14; 1975 c.598 �5; 1979 c.558 �26; 1991 c.572 �5]

�� 261.380 Refunding district indebtedness. (1) The power to refund indebtedness approved by the electors of the district is vested in the board of directors and may be exercised by adoption of a resolution providing therefor. It shall not be necessary for the board to submit the question of the proposed refunding to the electors of the district at an election or otherwise, but revenue bonds shall not be refunded into general obligation bonds, nor shall general obligation bonds be refunded into revenue bonds without approval of the electors of the district given at an election duly called and legally held therein.

�� (2) The issuance and sale of refunding bonds, the maturity dates and other details thereof, the rights of the holders thereof, and the duties of the board with respect thereto, shall be governed by ORS 261.305 and 261.355 to 261.375 in so far as they are applicable. Bonds may be issued and sold to refund bonds issued pursuant to this chapter, including bonds outstanding on April 10, 1951, and to refund bonds issued for refunding purposes under authority of this chapter.

�� 261.385 [Amended by 1963 c.9 �5; 1991 c.459 �357; repealed by 2023 c.173 �1]

�� 261.390 Property taxable; time and manner of tax levy and collection. All taxes provided for in this chapter shall be levied upon all real and personal property situated within the boundaries of the district and by law taxable for state and county purposes. Such taxes shall be levied and collected at the time and in the manner provided for levy and collection of state and county taxes, and shall be by the county officers collecting them paid to the treasurer of the district.

BOARD OF DIRECTORS

�� 261.405 Board of directors; election; qualifications. (1) The management of a people�s utility district shall be vested in a board of five directors.

�� (2) Upon formation of a district, annexation, consolidation, merger and after each decennial United States Census, the board of directors shall by ordinance divide the district into five subdivisions, as nearly equal in population as possible, and where practicable fix the boundaries in conformance with adjacent precinct boundaries. One director shall be elected from each of the five subdivisions.

�� (3) Directors shall be electors, shall reside in the subdivision from which they are respectively nominated and elected and shall have resided in the district continuously for two years immediately preceding the date of their election as directors. [Amended by 1977 c.210 �1]

�� 261.410 Nomination and election of directors of established districts. (1) Except as otherwise provided in this chapter, directors shall be nominated and elected by the electors of the subdivision such director represents at time of holding the next general election.

�� (2) Nominating petitions must be furnished by the district. [Amended by 1973 c.796 �15; 1975 c.598 �6; 1989 c.503 �30; 2003 c.14 �127]

�� 261.415 Vacancy in office of director. (1) The office of director shall be considered vacant:

�� (a) Upon the failure of the person elected or appointed to the office to qualify for it not later than 30 days after the time the term of office commences;

�� (b) Upon the occurrence of any event listed in ORS 236.010; or

�� (c) Upon the incumbent�s absence from meetings of the board for 60 days without the consent of the board and upon the declaration by the board of the vacancy.

�� (2) Vacancies in the office of director occurring between elections shall be filled by the remaining members of the board, but when a vacancy exists for 30 days, or if the office is considered or declared vacant under subsection (1)(a) or (b) of this section, the Governor may fill the vacancy.

�� (3) Any person appointed to fill such vacancy by the board or the Governor shall hold office until the next general election and until a successor is elected and qualified. [Amended by 1959 c.142 �1; 1969 c.669 �4; 1989 c.503 �31; 2003 c.14 �128]

�� 261.420 Terms of office of directors. Of the board of directors elected at the next general election following creation of the district, three shall hold office for four years, and two shall hold office for two years, and until their successors are elected and qualified, the length of the respective terms to be determined by lot. Thereafter, at each general election, a number of directors corresponding to the number whose terms of office expire shall be elected for the term of four years. The terms of directors shall commence on the first Monday in January next following their election. [Amended by 1973 c.796 �16; 1975 c.598 �7; 1989 c.503 �32; 2003 c.14 �129]

�� 261.425 Officers of board. (1) The board shall choose one of its members president, one vice president, and one treasurer. The board shall choose a secretary of the district, who may or may not be a member of the board. In the absence or disability of the president, the vice president shall act as president.

�� (2) The treasurer shall be custodian of all funds of the district, and pay them out only on order of the board. [Amended by 1967 c.451 �20; 1969 c.345 �3]

�� 261.430 Board meetings. (1) A majority of members of the board of directors shall constitute a quorum for transaction of official business. The decision of a majority of the board shall be deemed to be the act or decision of the board. No vacancy of less than a majority of members of the board shall impair the right of the remaining board members to exercise all powers of the board.

�� (2) The board of directors shall adopt rules to govern its meetings.

�� (3) All legislative sessions of the board of directors, whether regular or special, shall be open to the public.

�� 261.435 [Amended by 1953 c.284 �2; 1957 c.334 �4; 1959 c.118 �1; 1967 c.168 �1; repealed by 1979 c.558 �30]

�� 261.440 [Repealed by 1969 c.325 �4]

�� 261.445 Appointment and removal of district manager; qualifications; salary; acting manager; powers and duties. (1) The board, before or at the time the district commences construction or operation of any utility or service, shall appoint a manager, who shall be an experienced executive with administrative ability. The manager shall be appointed for an indefinite time and be removable at the action of the board. Appointments and removals shall be by resolutions adopted by a majority vote. The manager shall receive such salary as the board shall fix by resolution.

�� (2) In case of absence or temporary disability of the manager, the board shall designate some competent person as acting manager.

�� (3) The manager shall be chief administrative officer of the people�s utility district, shall have control of administrative functions of the district and shall be responsible to the board for efficient administration of all affairs of the district placed in charge of the manager. The manager may attend meetings of the board and its committees and take part in discussion of any matters pertaining to duties of the department, but shall have no vote. The manager shall:

�� (a) Carry out orders of the board to see that all laws of this state pertaining to matters within the functions of the department are duly enforced.

�� (b) Keep the board advised as to the financial condition and needs of the district.

�� (c) Prepare an annual estimate for the ensuing fiscal year of the probable expenses of the department, and recommend to the board what development work should be undertaken, and any extensions and additions which should be made during the ensuing fiscal year, with an estimate of the costs of such development work, extensions and additions.

�� (d) Certify to the board all bills, allowances and payrolls, including claims due contractors of public works.

�� (e) Recommend to the board salaries of the employees of the office of the manager, and a scale of salaries or wages to be paid for different classes of service required by the district.

�� (f) Hire and discharge clerks, laborers and other employees under direction of the manager.

�� (g) Perform such other duties as may be imposed upon the manager by the board.

�� (4) The manager shall not contribute any money in aid of or in opposition to the election of any candidate for people�s utility district director, or advocate or oppose any such election.

�� 261.450 [Repealed by 1969 c.345 �20]

�� 261.455 [Repealed by 1969 c.344 �8]

�� 261.460 Legislative function of board. (1) The board of directors shall constitute the legislative body of the district, and shall determine all questions of policy.

�� (2) All legislative acts of the board shall be expressed in written resolutions or ordinances. Every ordinance enacted by the board shall be preceded by an enacting clause substantially as follows: �Be It Enacted by the ______ People�s Utility District� and shall be voted upon by an �aye� and �nay� vote. All ordinances except emergency ordinances shall require affirmative votes of a majority of the board at a regular meeting or an adjourned regular meeting.

�� (3) All ordinances except emergency ordinances shall be subject to the referendum and shall become effective 30 days after the date of their passage, unless a later date is fixed in the ordinance itself, in which event they shall take effect at the later date.

�� (4) Emergency ordinances shall contain the statement that an emergency exists and specify with distinctness the facts and reasons constituting the emergency. The unanimous vote of all members of the board present is necessary to pass any emergency ordinance and no such ordinance shall be passed with less than four directors present.

�� 261.465 Board supervision and regulation of district utilities; fixing rates. (1) The board shall supervise and regulate every utility owned, operated or owned and operated by the district, including the fixing and adjusting of rates, rentals, charges and classifications, contracts, practices and schedules, for or in connection with any service, product or commodity owned or controlled by the district.

�� (2) Rates so fixed shall be sufficient to accomplish the following purposes:

�� (a) For proper operation and maintenance of the property or facilities owned by the district.

�� (b) To pay all taxes which may be levied upon property owned by the district or which it may be required to pay out of its gross revenues.

�� (c) For payment of principal and interest of all bonds, warrants or obligations of any character in accordance with terms and provisions thereof respecting time, manner and amount of payment.

�� (d) For payment of any other indebtedness or obligations which the district may be obligated to pay.

�� (e) To establish and maintain any special funds which the district has obligated itself to create for the purpose of paying bond issues or other obligations.

�� 261.470 Accounting system adopted by board; annual reports; annual audit. (1) The board shall adopt the effective uniform system of accounts prescribed by the Federal Energy Regulatory Commission and require that accounting for receipts and disbursements for the district be accomplished in accordance with said system of accounts.

�� (2) The board shall file with the Director of the State Department of Energy and with the county clerk of each county included within the boundaries of the district an annual report in the form required by the Federal Energy Regulatory Commission.

�� (3) An annual audit shall be made in the manner provided in ORS 297.405 to 297.555. A copy of such audit shall be filed with each county clerk of the county in which the district or any portion of the boundaries of the district is located, and in the office of the Secretary of State and in the office of the Director of the State Department of Energy, where it shall remain a public record. [Amended by 1953 c.354 �2; 1977 c.774 �16; 1979 c.286 �3; 1985 c.474 �4]

�� 261.505 [Amended by 1973 c.796 �17; 1975 c.647 �21; renumbered 261.055]

�� 261.510 [Amended by 1959 c.72 �1; repealed by 1973 c.796 �79]

�� 261.515 [Repealed by 1973 c.796 �79]

COURT PROCEEDING TO TEST CERTAIN DISTRICT PROCEEDINGS

�� 261.605 Testing validity of certain commission and board proceedings. (1) The board of directors of a people�s utility district may by petition commence proceedings in the circuit court of the county in which the district, or the greater portion thereof, is located, for the purpose of having a judicial examination and judgment of the court as to regularity and legality of proceedings in connection with creation of the district, including:

�� (a) Any action or proceeding of the county governing body proclaiming the creation of the district, or declaring the result of any general or special election therein.

�� (b) The proceedings of the board and district providing for and authorizing issue and sale of bonds of the district, whether such bonds or any of them have or have not been sold or disposed of.

�� (c) Any order of the board levying a tax.

�� (d) The legality of the authorization of any contract with the United States and the validity of such contract, whether or not it has been executed.

�� (2) All proceedings of the district may be judicially examined and determined in one special proceeding, or any part thereof may be separately examined and determined by the court. [Amended by 1979 c.558 �27]

�� 261.610 Nature of proceeding; notice; appearance to contest; court determinations. (1) The proceedings shall be in the nature of a proceeding in rem, and the practice and procedure therein shall follow the practice and procedure of an action not triable by right to a jury, so far as consistent with the determination sought to be obtained, except as provided in ORS 261.605 to 261.635.

�� (2) The jurisdiction of the district and of electors therein shall be obtained by publication of notice directed to the district, and to the electors individually. The notice shall be served on all parties in interest by publication thereof for at least once a week for three successive weeks in some newspaper of general circulation published in the county where the proceeding is pending. Jurisdiction shall be complete within 10 days after the full publication of the notice as provided in this section.

�� (3) Any person interested may at any time before the expiration of such 10 days appear and contest the validity of the proceeding, or of any of the acts or things therein enumerated.

�� (4) The proceedings shall be speedily tried and judgment rendered declaring the matter so contested to be either valid or invalid.

�� (5) Any order or judgment in the course of the proceeding may be made and rendered by the judge of the circuit court in vacation. For the purpose of any such order or judgment, the court shall be deemed at all times in session and the act of the judge in making such order or judgment shall be the act of the court. [Amended by 1979 c.284 �126]

�� 261.615 Appeal to Court of Appeals. Either party may appeal to the Court of Appeals at any time within 30 days after the rendering of the general judgment, which appeal must be heard and determined within three months from the time of taking such appeal. [Amended by 1979 c.562 �9; 2003 c.576 �408]

�� 261.620 Guidance for court determination. The court, in inquiring into the regularity, legality or correctness of any such proceedings, must disregard any error, irregularity or omission which does not affect the substantial rights of the parties to the special proceedings. It may approve the proceedings in part and disapprove and declare illegal or invalid other or subsequent proceedings in part. It may approve the proceedings in part and disapprove the remainder thereof.

�� 261.625 Costs of proceeding. The costs of the special proceedings may be allowed and apportioned between the parties in the discretion of the court.

�� 261.630 Institution of proceeding by elector; directors as parties; notice. (1) Any elector of the district within 30 days after the entry of any order, or the performance of any act mentioned in ORS 261.605, and for which a contest is provided by that section, may bring a like proceeding in the circuit court of the county where the district, or the greater portion thereof, is located, to determine the validity of any of the acts, orders or things enumerated in ORS 261.605 to 261.615 and concerning which the right of contest is given by those sections.

�� (2) In such proceedings the board of directors shall be made parties defendant. Service of summons shall be made on the members of the board personally if within the county where the district or any part thereof is situated. As to any directors not within such county, service may be had by publication of summons for a like time and in like manner as provided by ORS 261.610. Service shall be deemed complete within 10 days from the date of personal service within the county and within 10 days from the date of completion of the publication, as the case may be.

�� (3) Such proceedings shall be tried and determined in the same manner as proceedings brought by the district itself.

�� 261.635 Procedure exclusive. No contest of any proceeding, matter or thing by this chapter provided to be had or done by the board of directors, by the district, by the county governing body or by any elector of the district, shall be had or maintained at any time or in any manner except as provided in ORS 261.605 to 261.630. [Amended by 1979 c.558 �28; 1983 c.85 �36]

DISSOLUTION

�� 261.705 Authority to dissolve district; vote authorizing dissolution. Any people�s utility district which has not received voter authorization within five years of its formation election to issue bonds in an amount sufficient to acquire or build a system to provide service within its district may be dissolved whenever a majority vote of the electors of the district voting at an election for such purpose favors the dissolution. [Amended by 1987 c.824 �1]

�� 261.710 Call of election; effect of favorable vote. (1) The dissolution election may be called by the board of directors on their own motion or by a petition filed with the directors of the district, signed by electors of the district equal in number to not less than three percent of the total number of votes cast for all candidates for Governor in the district at the most recent election at which a candidate for Governor was elected to a full term, requesting the directors of the district to submit to the electors of the district the proposition of dissolving the district and settling its affairs.

�� (2) The petition shall be referred to the county clerk of each county wherein the district or any part thereof is located. The county clerk of each of such counties shall examine the purported signatures on the petition of electors of the county and shall certify as to the regularity and sufficiency thereof. Where the district is located in more than one county, the certificate of the county clerk of each county as to the regularity of the signatures on the petition shall be filed with the Secretary of State, who shall accept the certificates by the county clerks as to the regularity of the signatures, and based thereon, shall certify as to the sufficiency of all signatures on the petition. Whenever a dissolution petition has been certified as sufficient, the certificate of sufficiency with copy of the petition shall be transmitted to the directors of the district, who shall immediately call an election to be held concurrently with a primary election or general election.

�� (3) If a majority of the electors of the district, voting at the election, votes in favor of dissolution, the directors shall issue their proclamation dissolving the district and shall file the proclamation in the office of the county clerk of the county wherein the district is located.

�� (4) The district shall thereafter continue to exist solely for the purpose of settling its affairs as provided in ORS 261.715 to 261.730. [Amended by 1973 c.796 �18; 1983 c.83 �37; 1989 c.174 �4; 1995 c.712 �99; 2003 c.14 �130]

�� 261.715 Directors as trustees. Upon dissolution the directors then in office shall be deemed to be, and thereafter be referred to as, the trustees of the district, with power and authority in the name and in behalf of the district to sell, transfer and dispose of any and all property and assets of the district and to do each and every thing necessary and needful or requisite for settlement and liquidation of the affairs of the district as provided in ORS 261.720 to 261.730.

�� 261.720 Inventory and sale of district property. The trustees shall proceed at once to take, or cause to be taken, an inventory of all property of the district, its assets and liabilities, and shall sell the same as a whole or any part thereof upon such terms and conditions as the trustees deem advisable.

�� 261.725 Disposal of sale proceeds. (1) The proceeds derived from the sale shall be used to pay the indebtedness of the district.

�� (2) If, after payment of all debts of the district, there remain any surplus funds to the credit of the district, such funds shall be turned over to the county treasurer of each county in which the district may be located, to become a part of the general fund of the county in the proportion that the assessed value of the property within the boundaries of the district in such county bears to the total assessed value of all property within the boundaries of the district as determined by the last assessment rolls.

�� 261.730 Disposal of district books and records; termination of corporate existence. After the affairs of the district have been fully settled, all books and records of the district shall be deposited by the trustees in the office of the county clerk of the county wherein the district or its principal part in area thereof is located, and the corporate existence of the district without further action is dissolved and terminated for all purposes.

CONSTRUCTION

�� 261.900 Construction. (1) The rule of strict construction shall have no application to ORS 261.007,

ORS 255.075

255.075, 255.085, 255.215 to 255.288 and 255.295 to 255.345. [1975 c.598 �3 and 1975 c.647 �16; 1989 c.503 �29; 1995 c.607 �70; 2007 c.154 �61]

�� 261.065 Application of initiative, referendum and recall laws. The laws of this state regarding initiative, referendum and recall shall apply to people�s utility districts. [1979 c.558 �3]

FORMATION; BOUNDARY CHANGES

�� 261.105 Powers of district; formation; annexation; consolidation. (1) People�s utility districts may be created as provided in this chapter. A people�s utility district may exercise all powers conferred by this chapter.

�� (2) When a majority of all votes cast, at an election within the boundaries of any proposed district to determine whether or not the district is to be formed, favors formation, the district shall be created.

�� (3) In any election to annex a city or separate parcel of territory to an existing district, or to consolidate two or more existing districts, an affirmative vote of a majority of the votes cast from each city or separate parcel of territory or district voting to annex or consolidate, shall be required to authorize the annexation or consolidation.

�� (4) Annexation to an existing district shall be subject to the provisions of ORS 198.720 (2). [Amended by 1979 c.558 �7; 2003 c.802 �68]

�� 261.110 Areas includable in district; description of district in petition for election. (1) People�s utility districts may consist of territory, contiguous or otherwise, within one or more counties, and may consist of one or more cities, or a portion of a city, with or without unincorporated territory.

�� (2) Petitions asking that an election be held to determine whether or not a district shall be created shall set forth and particularly describe the boundaries of the proposed people�s utility district, and shall state that in the event the people within any one or more cities or separate parcels of territory within the proposed district vote against its formation, then that portion of the district which voted in favor of organization of a people�s utility district may be organized into the district.

�� (3) The name of a city is a sufficient description of its boundaries.

�� (4) When any city or separate parcel of territory voting at a formation election casts a majority vote against formation of the district, the city or separate parcel of territory shall not be included in any district formed as a result of the election.

�� (5) A city that owns or operates a publicly owned utility for development or distribution of electric energy or the territory served by the city within or without the boundaries of the city at the time of a proposed formation of a people�s utility district may not be included in any election for the formation of the district unless the inclusion is agreed to at an election by the electors of the city.

�� (6) No entire township, except when needed for location of plant or impounding purposes, or both, shall be included in formation of any district, unless the township contains not less than 10 electors. No portion of any township in excess of six sections shall be included, unless the portion contains a proportionate number of electors.

�� (7) No territory that is part of another people�s utility district shall be included in the formation of any district, except under the conditions provided in ORS 198.720 (2), nor shall the proposed district include any territory which at the time of the proposed district�s formation is being served by an electric cooperative. [Amended by 1979 c.558 �8; 1981 c.758 �1; 2003 c.802 �69]

�� 261.113 Petition or resolution for formation to propose special levy for certain purposes. Electors� petitions and resolutions for formation of a district shall include a proposal for the authorization of the district to impose a special levy of a certain amount to finance an engineer�s report on revenue bonds for the acquisition or construction of the initial utility system, including the replacement value of the unreimbursed investment of an investor owned utility in energy efficiency measures and installations within the proposed district, the election under ORS

ORS 260.005

260.005, in the manner provided in ORS chapter 260.

�� (2) The credit allowed by subsection (1) of this section shall be the lesser of:

�� (a) The total contribution, not to exceed $100 on a joint return or $50 on any other type of return; or

�� (b) The tax liability of the taxpayer.

�� (3) A taxpayer may not claim the credit allowed under this section if the taxpayer has federal adjusted gross income in excess of $150,000 on a joint return or $75,000 on any other type of return.

�� (4) The claim for tax credit shall be substantiated by submission, with the tax return, of official receipts of the candidate, agent, political party or committee thereof or political committee to whom contribution was made. [1969 c.432 �2; 1973 c.119 �3; 1975 c.177 �1; 1977 c.268 �1; 1979 c.190 �413; 1985 c.802 �6; 1987 c.293 �16; 1989 c.986 �1; 1993 c.797 �27; 1995 c.1 �19; 1995 c.712 �104; 1999 c.999 �27; 2013 c.750 �6; 2019 c.579 �49]

�� Note: Section 34, chapter 913, Oregon Laws 2009, provides:

�� Sec. 34. (1) A credit may not be claimed under ORS 316.102 for tax years beginning on or after January 1, 2028.

�� (2) The amendments to ORS 316.102 by section 49, chapter 579, Oregon Laws 2019, apply to tax years beginning on or after January 1, 2020, and before January 1, 2028. [2009 c.913 �34; 2013 c.750 �7; 2019 c.579 �48; 2023 c.490 �9]

�� 316.103 [1985 c.684 �12; 1989 c.765 �1; 1989 c.958 �10; 1991 c.877 �7; repealed by 1993 c.730 �31 (315.324 enacted in lieu of 316.103 and 317.106)]

�� 316.104 [1987 c.911 �8b; 1991 c.877 �8; repealed by 1993 c.730 �37 (315.504 enacted in lieu of 316.104 and 317.140)]

�� 316.105 [1953 c.304 �14; 1953 c.552 �5; repealed by 1969 c.493 �99]

�� 316.106 [1967 c.274 �7; repealed by 1969 c.493 �99]

�� 316.107 [1969 c.493 �20; 1973 c.402 �19; 1985 c.802 �7; repealed by 1993 c.730 �3 (315.054 enacted in lieu of 316.107)]

�� 316.108 [1967 c.118 �2; repealed by 1969 c.493 �99]

�� 316.109 Credit for tax by another jurisdiction on sale of residential property; rules. (1) If gain on the sale of residential property is taxed under this chapter, the adjusted basis of the property for purposes of this chapter shall be the same as its adjusted basis for federal income tax purposes.

�� (2) A credit against the tax otherwise due under this chapter shall be allowed to the taxpayer for the amount of any taxes imposed on the taxpayer by another state of the United States, a foreign country or the District of Columbia which tax is attributable to gain that is subject to tax as described in subsection (1) of this section.

�� (3) The amount of the credit allowed under subsection (2) of this section may not exceed the amount of the gain taxed by the other taxing jurisdiction multiplied by eight percent.

�� (4) The Department of Revenue shall provide by rule the procedure for obtaining credit provided by subsection (2) of this section and the proof required. The requirement of proof may be waived partially, conditionally or absolutely, as provided under ORS 315.063.

�� (5) Any credit allowed under subsection (2) of this section may not be applied in calculating tax due under this chapter if the tax upon which the credit is based has been claimed as a deduction for Oregon personal income tax purposes, unless the tax is restored to income on the Oregon return. [1979 c.579 �2; 1981 c.705 �2; 1995 c.54 �10; 2001 c.114 �36]

�� 316.110 [1953 c.304 �15; 1953 c.552 �6; 1957 c.582 �1; 1961 c.506 �1; 1963 c.253 �1; repealed by 1969 c.493 �99]

�� 316.111 [1965 c.360 �2; repealed by 1969 c.493 �99]

�� 316.112 [1959 c.211 �2; 1963 c.627 �5 (referred and rejected); repealed by 1969 c.493 �99]

�� 316.113 [1967 c.61 �2; repealed by 1969 c.493 �99]

�� 316.114 [1967 c.449 �2; repealed by 1969 c.493 �99]

�� 316.115 [1953 c.304 �16; 1959 c.555 �1; subsection (4) derived from 1959 c.555 �2; repealed by 1969 c.493 �99]

�� 316.116 Credit for alternative energy device; rules. (1)(a) A resident individual shall be allowed a credit against the taxes otherwise due under this chapter for costs paid or incurred for construction or installation of each of one or more alternative energy devices in or at a dwelling.

�� (b) A credit against the taxes otherwise due under this chapter is not allowed for an alternative energy device that does not meet or exceed all applicable federal, state and local requirements for energy efficiency, including equipment codes, state and federal appliance standards, the state building code, specialty codes and any other standards.

�� (2)(a) For each category one alternative energy device other than an alternative fuel device or an alternative energy device that uses solar radiation for domestic water heating or swimming pool heating, the credit allowed under this section may not exceed the lesser of 50 percent of the cost of the alternative energy device or $1,500, and shall be computed as follows:

�� (A) For a category one alternative energy device that is not an alternative fuel device, the credit shall be based upon the first year energy yield of the alternative energy device that qualifies under ORS 469B.100 to 469B.118. The amount of the credit shall be the same whether for collective or noncollective investment.

�� (B) For each category one alternative energy device for a dwelling, the credit shall be based upon the first year energy yield in kilowatt hours per year multiplied by 60 cents per dwelling utilizing the alternative energy device used for space heating, cooling, electrical energy or domestic water heating.

�� (C) Except as provided in paragraph (c) of this subsection, for each category one alternative energy device used for swimming pool, spa or hot tub heating, the credit shall be based upon the first year energy yield in kilowatt hours per year multiplied by 15 cents.

�� (b) For each alternative fuel device, the credit allowed under this section may not exceed the lesser of 50 percent of the cost of the alternative fuel device or $750.

�� (c) For each category one alternative energy device that uses solar radiation for:

�� (A) Domestic water heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year energy yield in kilowatt hours per year multiplied by $2, whichever is lower, up to $6,000.

�� (B) Swimming pool heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year energy yield in kilowatt hours per year multiplied by 20 cents, whichever is lower, up to $2,500.

�� (d)(A) For each category two alternative energy device that is a solar electric system or fuel cell system, the credit allowed under this section may not exceed the lesser of $3 per watt of installed output or $6,000.

�� (B) For each category two alternative energy device that is a wind electric system, the credit allowed under this section may not exceed the lesser of $6,000 or the first year energy yield in kilowatt hours per year multiplied by $2.

�� (3)(a) Notwithstanding subsection (2)(a), (c) or (d) of this section, the total amount of the credits allowed in any one tax year may not exceed the tax liability of the taxpayer or $1,500 for each alternative energy device, whichever is less. Unused credit amounts may be carried forward as provided in subsection (8) of this section, but may not be carried forward to a tax year that is more than five tax years following the first tax year for which any credit was allowed with respect to the category two alternative energy device that is the basis for the credit.

�� (b) Notwithstanding subsection (2)(d) of this section, the total amount of the credit for each device allowed under subsection (2)(d) of this section may not exceed 50 percent of the total installed cost of the category two alternative energy device.

�� (4) The State Department of Energy may by rule provide for a lesser amount of incentive for each type of alternative energy device as market conditions warrant.

�� (5) To qualify for a credit under this section, all of the following are required:

�� (a) The alternative energy device must be purchased, constructed, installed and operated in accordance with ORS 469B.100 to 469B.118 and a certificate issued thereunder.

�� (b) The taxpayer who is allowed the credit must be the owner or contract purchaser of the dwelling or dwellings served by the alternative energy device or the tenant of the owner or of the contract purchaser and must:

�� (A) Use the dwelling or dwellings served by the alternative energy device as a principal or secondary residence; or

�� (B) Rent or lease, under a residential rental agreement, the dwelling or dwellings to a tenant who uses the dwelling or dwellings as a principal or secondary residence.

�� (c) The credit must be claimed for the tax year in which the alternative energy device was purchased if the device is operational by April 1 of the next following tax year.

�� (6) The credit provided by this section does not affect the computation of basis under this chapter.

�� (7) The total credits allowed under this section in any one year may not exceed the tax liability of the taxpayer.

�� (8) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer�s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, and any credit not used in that fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may not be carried forward for any tax year thereafter.

�� (9) A nonresident shall be allowed the credit under this section in the proportion provided in ORS 316.117.

�� (10) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer�s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

�� (11) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

�� (12) Spouses in a marriage who file separate returns for a taxable year may each claim a share of the tax credit that would have been allowed on a joint return in proportion to the contribution of each. However, a spouse living in a separate principal residence may claim the tax credit in the same amount as permitted a single person.

�� (13) As used in this section, unless the context requires otherwise:

�� (a) �Collective investment� means an investment by two or more taxpayers for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

�� (b) �Noncollective investment� means an investment by an individual taxpayer for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

�� (c) �Taxpayer� includes a transferee of a verification form under ORS 469B.106 (8).

�� (14) Notwithstanding any provision of subsections (1) to (4) of this section, the sum of the credit allowed under subsection (1) of this section plus any similar credit allowed for federal income tax purposes may not exceed the cost for the acquisition, construction and installation of the alternative energy device. [1977 c.196 �8; 1979 c.670 �2; 1981 c.894 �3; 1983 c.684 �14; 1983 c.768 �1; 1987 c.492 �1; 1989 c.626 �6; 1989 c.880 ��9,11; 1995 c.746 �19; 1997 c.325 �41; 1997 c.534 �3; 1999 c.21 �41; 1999 c.623 �1; 2005 c.832 �5; 2007 c.843 �29; 2009 c.909 �47; 2011 c.730 �69; 2012 c.45 �12; 2015 c.629 �41; 2015 c.701 ��26,27; 2016 c.29 �4]

�� Note: Section 5a (1), chapter 832, Oregon Laws 2005, provides:

�� Sec. 5a. (1) A taxpayer may not be allowed a credit under ORS 316.116 if the first tax year for which the credit would otherwise be allowed with respect to an alternative energy device begins on or after January 1, 2018. [2005 c.832 �5a; 2007 c.843 �35; 2009 c.913 �12; 2011 c.83 �16; 2011 c.730 �67(1)]

�� Note: Section 75, chapter 730, Oregon Laws 2011, provides:

�� Sec. 75. The State Department of Energy may not issue certifications for more than $10 million in potential tax credits for third-party alternative energy device installations in any tax year. [2011 c.730 �75]

TAXATION OF NONRESIDENTS

�� 316.117 Proration between Oregon income and other income for nonresidents, part-year residents and trusts. (1) Except as provided under subsection (2) of this section, the proportion for making a proration for nonresident taxpayers of the standard deduction or itemized deductions, the personal exemption credits and any accrued federal or foreign income taxes, or for part-year resident taxpayers of the amount of the tax, between Oregon source income and income from all other sources is the federal adjusted gross income of the taxpayer from Oregon sources divided by the taxpayer�s federal adjusted gross income from all sources. If the numerator of the fraction described in this subsection is greater than the denominator, the proportion of 100 percent shall be used in the proration required by this section. As used in this subsection, �federal adjusted gross income� means the federal adjusted gross income of the taxpayer with the additions, subtractions and other modifications to federal taxable income that relate to adjusted gross income for personal income tax purposes.

�� (2) For part-year resident trusts, the proration made under this section shall be made by reference to the taxable income of the fiduciary. [1969 c.493 �21; 1971 c.672 �1; 1973 c.269 �1; 1975 c.672 �5; 1977 c.872 �5; 1981 c.801 �4; 1983 c.684 �15; 1985 c.141 �5; 1987 c.293 �17; 1999 c.580 �5]

�� 316.118 Pro rata share of S corporation income of nonresident shareholder. (1) The pro rata share of S corporation income of a nonresident shareholder constitutes income or loss derived from or connected with sources in this state as provided in ORS 316.127 (5).

�� (2) In determining the pro rata share of S corporation income of a nonresident shareholder, there shall be included only that part derived from or connected with sources in this state of the shareholder�s distributive share of items of S corporation income, gain, loss and deduction (or item thereof) entering into the federal adjusted gross income of the shareholder, as such part is determined under rules adopted by the Department of Revenue in accordance with the general rules under ORS 316.127.

�� (3) Any modifications, additions or subtractions to federal taxable income described in this chapter that relates to an item of S corporation income, gain, loss or deduction (or item thereof) shall be made in accordance with the shareholder�s pro rata share, for federal income tax purposes of the item to which the modification, addition or subtraction relates, but limited to the portion of such item derived from or connected with sources in this state.

�� (4) A nonresident shareholder�s pro rata share of items of income, gain, loss or deduction (or item thereof) shall be determined under ORS 314.763 (1). The character of shareholder items for a nonresident shareholder shall be determined under ORS

ORS 261.110

261.110 (5) or (7), may petition a county governing body to revise the district boundaries to exclude the property. After notice to the district, and a hearing on the petition, the county governing body shall revise the district boundaries to exclude such property as it finds should not have been included within the district under the standards set forth in ORS 261.110 (5) or (7). Upon such findings and boundary revisions a district shall be permitted to refund related taxes paid that are based upon assessments made after January 1, 1978. Boundary revisions shall comply with ORS 308.225. The remedy provided in this subsection shall be available only to persons owning property in districts which were formed after January 1, 1978. [Amended by 1973 c.796 �13; 1979 c.558 �17; 1981 c.758 �2; 2003 c.14 �124; 2003 c.802 �73; 2017 c.26 �7]

�� 261.205 [Repealed by 1975 c.647 �53]

�� 261.210 Payment of election expenses; security deposit. (1) Except as provided in subsection (2) of this section, all expenses in any county of any election held under this chapter for formation of a district and election of a board of directors shall be paid from the general fund of the county in the same manner that other claims against the county are paid.

�� (2) When formation of a district is initiated by electors� petition, the county court may require a bond, a cash deposit or other security deposit from the chief petitioners as provided in ORS 198.775.

�� (3) When preparing the county budget for the fiscal year following an election described in subsection (1) of this section, the county court shall include an item in the budget to reimburse the general fund for the disbursement for the election, unless the costs of the election are paid from a bond, a cash deposit or other security deposit under subsection (2) of this section. This item shall be assessed to and paid by the assessable property of the territory in which the election is held in the same manner that other taxes are assessed and paid. [Amended by 1983 c.567 �21]

�� 261.215 When district formed; designation; district as corporation. From the date of the proclamation relative to formation of a people�s utility district the territory shall be a separate district to be known as the district named and specified in the proclamation. The inhabitants thereof shall be a corporation by the name and style of the utility district specified in the proclamation, and as such shall have perpetual succession, and by such name shall exercise and carry out the corporate powers and objects conferred and declared by this chapter. [Amended by 2003 c.802 �74]

�� 261.220 Mandamus to compel performance of its duties by county governing body. If the county governing body refuses to call an election, or hold a hearing, as provided in this chapter, or refuses to declare the results of any election or issue the required proclamation, any elector may apply within 10 days after the refusal to the circuit court for the county in which the proposed district, or its greater portion, is located for a writ of mandamus to compel the county governing body to perform its duty. [Amended by 1975 c.647 �19; 1979 c.558 �18]

�� 261.225 State agencies and private utilities to provide new district certain information. (1) The State Department of Energy, the Public Utility Commission of Oregon and any privately owned utility serving the affected territory shall cooperate in providing information and data as requested by a people�s utility district for construction or acquisition of the initial utility system.

�� (2) As requested, the State Department of Energy and the Public Utility Commission of Oregon shall provide copies of records on file pertinent to the operation of a utility system.

�� (3) As requested, the privately owned utility serving the affected territory shall provide data and records regarding the affected territory including:

�� (a) Peak load and monthly variations of load required to serve the territory;

�� (b) Load requirements of various classifications of users;

�� (c) Gross revenue;

�� (d) Distribution costs, including operation, maintenance and debt retirement;

�� (e) Inventory of assets by type and value;

�� (f) List of customers with customer addresses;

�� (g) Amount of money loaned to each customer for conservation activity; and

�� (h) Replacement value of an investor owned utility�s unreimbursed investment in energy efficiency measures and installations within the territory. [1979 c.558 �15; 1991 c.358 �4]

POWER FACILITIES

�� 261.235 Definitions for ORS 261.235 to 261.255. As used in ORS 261.235 to 261.255, unless the context requires otherwise:

�� (1) �City� means a city organized under the law of California, Idaho, Montana, Nevada, Oregon or Washington and owning and operating an electric light and power system.

�� (2) �Common facilities� means any property used for the generation, transmission, distribution or marketing of electricity and related goods and services that are owned or operated jointly by a people�s utility district organized under this chapter and at least one other city, district, electric cooperative or person.

�� (3) �District� means a people�s utility district organized under this chapter or a similar public utility district organized under the law of California, Idaho, Montana, Nevada or Washington.

�� (4) �Electric cooperative� means a cooperative corporation organized under the law of California, Idaho, Montana, Nevada, Oregon or Washington and owning and operating an electric distribution system. [1967 c.603 �8; 1979 c.151 �3; 1999 c.865 �38; 2007 c.301 �33; 2007 c.895 �4a]

�� 261.240 Policy; construction. (1) The Legislative Assembly finds and declares it to be in the public interest and for a public purpose that districts, cities, electric cooperatives, and electric utility companies participate as authorized in ORS 261.235 to 261.255 jointly and with other persons to:

�� (a) Achieve economies of scale in the generation of electricity;

�� (b) Meet the future power needs of this state and its inhabitants; and

�� (c) Participate in transactions useful for the development of an efficient system for the transmission and distribution or marketing of electric power and related goods and commodities.

�� (2) ORS 261.235 to 261.255 shall be construed liberally to effectuate the purposes set out in subsection (1) of this section. [1967 c.603 �9; 1999 c.865 �39]

�� 261.241 Membership in electric cooperative or limited liability corporation. A people�s utility district may become a member of an electric cooperative, or of a limited liability company, for the purposes of planning, financing, constructing, acquiring, operating, owning or maintaining property used for the generation and associated transmission of electricity within or outside this state. A district may not become a stockholder in, or lend the credit of the district to, an electric cooperative or a limited liability company. If a district becomes a member of an electric cooperative or of a limited liability company, the district may not exercise the power of eminent domain for the benefit of the electric cooperative or limited liability company. [2007 c.301 �35 and 2007 c.895 �6]

�� 261.245 Authority of district to acquire interest in power facilities. In addition to the powers otherwise conferred on districts of this state, such a district owning and operating an electric light and power system may plan, finance, construct, acquire, operate, own and maintain an undivided interest in common facilities within or without the state jointly with one or more other districts, with one or more cities, with one or more electric cooperatives, or with one or more other persons or with any combination of such districts, cities, electric cooperatives or persons, and may make such plans and enter into contracts and agreements as are necessary or appropriate for such joint planning, financing, construction, acquisition, operation, ownership or maintenance. [1967 c.603 �10; 1979 c.151 �4; 1999 c.865 �40]

�� 261.250 District liability; application of moneys; use of power of eminent domain. (1) In carrying out the powers granted in ORS 261.241 and 261.245, a district of this state is liable only for its own acts with regard to the planning, financing, construction, acquisition, operation, ownership or maintenance of common facilities. No moneys or other contributions supplied by a district of this state for the planning, financing, construction, acquisition, operation or maintenance of common facilities shall be credited or applied otherwise to the account of any other participant in the common facilities.

�� (2) A district shall not exercise its power of eminent domain to acquire a then existing thermal power plant or any part thereof. [1967 c.603 �11; 2007 c.301 �36; 2007 c.895 �7]

�� 261.253 Restriction on public contract imposing unconditional or unlimited financial obligation on electric utility. (1) A public contract entered into by a noninvestor-owned electric utility may not contain a clause or condition that imposes an unconditional and unlimited financial obligation on the electric utility that is party to the contract unless the terms and conditions of the contract are subject to approval and are approved by the electors of the people�s utility district or city that owns the electric utility.

�� (2) Nothing in subsection (1) of this section is intended to affect provisions of law requiring approval of electors for any particular type of public contract that are in effect on October 15, 1983, or that are later enacted.

�� (3) Nothing in subsection (1) of this section is intended to conflict with ORS 279C.650 to

ORS 261.255

261.255. [1973 c.722 �2; 2007 c.301 �43; 2007 c.895 �14]

�� 262.020 [Repealed by 1969 c.12 �1]

�� 262.025 Procedure for joint operating agency formation. A joint operating agency shall be formed and come into existence by order of the Director of the State Department of Energy in accordance with the following procedures:

�� (1) The legislative body of each city and people�s utility district desiring to form and be a member of a joint operating agency shall adopt an ordinance declaring their intention and authorizing formation and membership. The ordinance shall be effective only if submitted to the electors of the city or people�s utility district voting on the ordinance at any general election or at a special election called for that purpose. The ordinance shall include:

�� (a) A statement of the purpose or purposes for which the joint operating agency is to be formed.

�� (b) A finding by the legislative body that the formation of a joint operating agency is necessary or desirable in order to plan for and provide an adequate supply of electric energy to meet the needs of the customers of publicly owned utilities in Oregon.

�� (c) A statement of the projected energy loads and resources relied upon by the legislative body to support such finding.

�� (d) A general description of the means by which the joint operating agency proposes to accomplish its purposes, including a description of any specific utility properties then identified as a proposed activity of the joint operating agency.

�� (e) A statement of the financial contribution, if any, to be made by the city or district to the joint operating agency at the time of organization as a condition of membership.

�� (2) Upon such approval of such an ordinance or ordinances, each such city and district shall file with the director an application to form and be a member of a joint operating agency. The application shall:

�� (a) State the proposed name of the operating agency, the proposed address of its principal business office, and the purpose or purposes for which it is to be formed;

�� (b) Contain a certified copy of the ordinance of each applicant city and district as approved by the electors; and

�� (c) State generally how the joint operating agency proposes to accomplish its purposes.

�� (3) The director shall cause notice of an application to be published forthwith in the bulletin referred to in ORS 183.360. Such notice shall:

�� (a) Summarize fairly the contents of the application;

�� (b) Fix a date not less than 20 nor more than 30 days after the date of publication prior to which interested parties may submit in writing any data, views, or arguments with respect to the application; and

�� (c) Fix a date not less than 30 nor more than 60 days after the date of publication for the entry of an order approving or disapproving an application.

�� (4) In considering the application, the director shall give full and fair consideration to all data, views and arguments submitted on behalf of the applicants or any other interested person.

�� (5) On or before the date fixed in subsection (3)(c) of this section, the director shall enter an order establishing the joint operating agency in accordance with the application if the director finds (a) that the statements set forth in the application are substantially correct; (b) that formation of the proposed joint operating agency is necessary or desirable to plan for or provide an adequate supply of electric energy to meet the needs of the customers of publicly owned utilities in Oregon; and (c) that adequate provision has been or can be made for financing the activities of the joint operating agency. The joint operating agency shall be established as of the date of such order.

�� (6) If the director finds that the application is not in the required form or that additional data is required to support the application, the director shall enter an order so finding. Such an order shall not preclude the applicants from filing a revised application based upon the same approved ordinances.

�� (7) If the director does not enter an order as authorized under subsection (5) or (6) of this section within 60 days after the date of publication, the application shall be considered approved, and the joint operating agency shall be established as of such 60th day.

�� (8) A joint operating agency, organized as provided by this section shall have all of the powers and responsibilities contained in ORS 262.005 to 262.105.

�� (9) Any party who has joined in filing an application in accordance with this section, or who has filed timely objections to such application, and who feels aggrieved by any finding or order of the director shall have the right of judicial review pursuant to ORS 183.480. [1973 c.722 �3; 2003 c.186 �11]

�� 262.030 [Repealed by 1969 c.12 �1]

�� 262.035 Power of agency to require financial contributions from members restricted; members contracting with agency for services. (1) A joint operating agency shall not have the right or power to levy taxes or to assess its members for financial contributions. Each member city and district shall have the power to contribute or advance to the joint operating agency, solely out of surplus funds derived from utility operations, such sums as may be duly authorized by the utility board of the city, if there is one and, if there is no utility board, by the legislative body of the city or the district.

�� (2) No member of a joint operating agency shall be required to obligate all or any portion of its revenues to a joint operating agency solely because of its membership.

�� (3) A member may, whenever authorized by its utility board if there is one and, if there is no utility board, by its legislative body, enter into contracts with the joint operating agency to purchase capacity, energy or services and, as a part of such contracts, may agree to pay to the joint operating agency such consideration and to provide such security as it may determine advisable. [1973 c.722 �4]

�� 262.040 [Repealed by 1969 c.12 �1]

�� 262.045 Procedure for modification of or withdrawal from agency membership. (1) After the formation of a joint operating agency, the legislative body of any city or district not a member of the joint operating agency may adopt an ordinance and apply to the joint operating agency for membership. Such an ordinance shall not be effective unless approved by electors of the city or people�s utility district as provided by ORS 262.025.

�� (2) Upon the affirmative vote of a majority of the members of the joint operating agency, as evidenced by resolutions adopted by their respective legislative bodies and filed with the joint operating agency, an application for membership shall be accepted. As a condition of approving such an application, the members of a joint operating agency may require the applicant to make contributions or commitments to place the applicant in substantial parity with the existing members.

�� (3) A member may not withdraw from a joint operating agency, nor may a joint operating agency be dissolved, while the agency has outstanding revenue obligations for which repayment provision has not been made. When a joint operating agency has no such outstanding revenue obligations:

�� (a) Any member may withdraw from the joint operating agency, but will thereby forfeit any and all rights and interests which it may have in the agency and the assets thereof unless the remaining members, by resolution of their respective legislative bodies and filed with the joint operating agency, unanimously consent otherwise; however, a member may not withdraw if, following its withdrawal, the joint operating agency would have less than three members. Any withdrawing member shall remain fully liable and responsible for all contractual obligations incurred by it to the joint operating agency during the period of its membership according to the terms of such obligations.

�� (b) The joint operating agency may be dissolved by the unanimous agreement of the members, as evidenced by resolutions adopted by their respective legislative bodies and filed with the joint operating agency. After provision has been made for the payment of all of the dissolved agency�s debts and obligations, the members shall hold its remaining assets as tenants in common. [1973 c.722 �5]

�� 262.055 Management of agency; directors; officers; meetings. (1) A joint operating agency shall be managed and controlled by a board of directors. The city�s utility board, if there is one and if there is no such board, the legislative body of each member city and district shall appoint a representative to serve as a director on the board. However, if the joint operating agency has less than four members, each member shall appoint two representatives to serve as directors, each of whom shall cast one-half of the votes to which the member is entitled as provided by subsection (4) of this section. Each member may appoint one or more alternates to serve as a director in the absence or disability of a representative. Each representative and alternate shall serve at the pleasure of the legislative body of the appointing member, but no director shall serve following the withdrawal of the appointing member. Notwithstanding any other provision of law or city charter a member may appoint any of its officers and employees to serve as its representatives and alternates. A joint operating agency may provide reasonable compensation to its directors.

�� (2) Each director of a joint operating agency shall act as a representative of the appointing member and shall report to and be bound by the policy decisions of the utility board or legislative body thereof, as the case may be.

�� (3) The board of the joint operating agency shall adopt rules for calling and conducting its meetings and carrying out its business and shall adopt an official seal. All proceedings of the board shall be by motion or resolution, and shall be recorded in the minute book of the board which shall be a public record. A majority of the board shall constitute a quorum for the transaction of business; however, no motion or resolution shall be adopted unless the directors voting are entitled to cast a majority of the votes of all members of the joint operating agency.

�� (4) At all meetings of the board, each member city and district shall have one vote by virtue of its membership. The board of directors of a joint operating agency shall provide by resolution for voting procedures which shall take into account the relative population of the members, together with their contributions to and energy purchases from the joint operating agency, and which shall provide that the interests of smaller members will be effectively represented.

�� (5) The board of directors shall elect a president, vice president and secretary, who shall serve at the pleasure of the board. The officers shall perform the duties delegated to them by the board.

�� (6) The board of directors shall appoint a treasurer, and may appoint such other officers, agents and employees as it considers appropriate and necessary to accomplish the purposes of the joint operating agency, and may provide for their compensation, and for the duties of such other officers, agents and employees. The board may appoint trustees, paying agents, depositories and similar agents within or without the State of Oregon.

�� (7) All meetings of the board of directors, except meetings on matters involving the management of employees, and other labor matters, shall be open to the public. [1973 c.722 �6]

�� 262.065 Duties of agency treasurer; disposition of funds; accounting system; reports; audit; appointment and duties of agency manager. (1) Except as permitted in ORS 262.085, the treasurer shall be custodian of all funds of the joint operating agency and shall pay them out only by order of the board, except as provided in subsection (2) of this section.

�� (2) The board may delegate to the treasurer standing authority to make payments of routine expenses as defined by the board.

�� (3) Before the treasurer enters upon the treasurer�s duties, the treasurer shall give bond or an irrevocable letter of credit to the joint operating agency in an amount which the board finds by resolution will protect the agency against loss, conditioned for the faithful discharge of duties and further conditioned that all funds which the treasurer receives as treasurer will be faithfully kept and accounted for. Any letter of credit shall be issued by an insured institution, as defined in ORS 706.008. The amount of the treasurer�s bond may be increased or decreased from time to time as the board may by resolution direct. The surety on any such bond shall be a corporate surety authorized to do business in this state. The premiums on the bond or the fee for issuing the letter of credit of the treasurer shall be paid by the joint operating agency.

�� (4) All moneys of the joint operating agency shall be deposited by the treasurer in depositories designated by the board of directors, with such security as may be prescribed by the board. The treasurer shall establish a general fund and such special funds as may be created by the board, to which the treasurer shall credit all funds of the joint operating agency as the board by motion or resolution may direct.

�� (5)(a) The board shall adopt the uniform system of accounts prescribed from time to time by the Federal Energy Regulatory Commission and require that accounting for receipts and disbursements for the joint operating agency be accomplished in accordance with the uniform system of accounts.

�� (b) The board shall file with the Director of the State Department of Energy an annual report in the form required by the Federal Energy Regulatory Commission.

�� (c) An annual audit shall be made in the manner provided in ORS 297.405 to 297.555. A copy of such audit shall be filed in the office of the Secretary of State and in the office of the Director of the State Department of Energy.

�� (6)(a) The board of each joint operating agency may appoint a manager. The manager shall be appointed for such term and receive such salary as the board shall fix by resolution. Appointments and removals of the manager shall be by resolutions adopted by a majority vote.

�� (b) In case of absence or temporary disability of the manager, the board shall designate an acting manager.

�� (c) The manager shall be chief administrative officer of the joint operating agency, shall have control of the administrative functions of the joint operating agency and shall be responsible to the board for efficient administration of all affairs of the joint operating agency placed in the manager�s charge. The manager may attend meetings of the board and its committees and take part in discussion of any matters pertaining to the manager�s duties, but shall have no vote. The manager shall:

�� (A) Carry out orders of the board and see that all laws of this state pertaining to matters within the functions of the joint operating agency are duly enforced;

�� (B) Keep the board advised as to the financial condition and needs of the joint operating agency;

�� (C) Prepare an annual estimate for the ensuing fiscal year of the probable expenses of the joint operating agency, and recommend to the board what development work should be undertaken, and any extensions and additions which should be made during the ensuing fiscal year, with an estimate of the costs of such development work, extensions and additions;

�� (D) Certify to the board all bills, allowances and payrolls, including claims due contractors of public works;

�� (E) Recommend to the board appropriate salaries of the employees of the office, and scale of salaries or wages to be paid for different classes of service required by the joint operating agency;

�� (F) Hire and discharge clerks, laborers and other employees under the manager�s direction; and

�� (G) Perform such other duties as may be imposed by the board. [1973 c.722 �7; 1977 c.774 �17; 1979 c.286 �4; 1991 c.331 �51; 1997 c.631 �430; 2001 c.104 �80]

�� 262.075 Agency as state political subdivision; eminent domain powers; financial transaction powers. (1) Each joint operating agency shall be a political subdivision of the State of Oregon, and shall be a municipal corporation with the right to sue and be sued in its own name. Except as otherwise provided, a joint operating agency shall have all the powers, rights, privileges and exemptions conferred on people�s utility districts.

�� (2) A joint operating agency shall have the power to acquire, hold, sell and dispose of real and other property, within or without this state, which the board of directors in its discretion finds reasonably necessary or incident to the generation, transmission and marketing of electricity, electrical capacity or renewable energy certificates. However, such an agency shall not acquire or operate any facilities for the distribution of electricity.

�� (3) A joint operating agency shall have the power of eminent domain which it may exercise for the purpose of acquiring property; however, a joint operating agency shall not condemn any properties owned by a publicly or privately owned utility which are being used for the generation or transmission of electricity or are being developed for such purposes with due diligence, except to acquire a right of way to cross such properties in a manner which will not interfere with the use thereof by the owner.

�� (4) A joint operating agency shall have the power to enter into contracts, leases and other undertakings considered necessary or proper by its board, including but not limited to contracts for any term relating to the purchase, sale, interchange, assignment, allocation, transfer or wheeling of power with the Government of the United States, or any agency thereof, and with any other municipal corporation or privately owned utility, or any combination thereof, within or without the state, and may purchase, deliver or receive power anywhere.

�� (5) A joint operating agency shall have the power to borrow money and incur indebtedness, to issue, sell and assume evidences of indebtedness, to refund and retire any indebtedness that may exist against the agency or its revenues, and to pledge any part of its revenues. A joint operating agency may borrow from banks or other financial institutions such sums on such terms as the board considers necessary or advisable. A joint operating agency may also issue, sell and assume bond anticipation notes, refunding bond anticipation notes, or their equivalent, which shall bear such date or dates, mature at such time or times, be in such denominations and in such form, be payable in such medium, at such place or places, and be subject to such terms of redemption, as the board considers necessary or advisable. The issuance and sale of revenue obligations by a joint operating agency shall be governed by ORS 262.085.

�� (6) The joint operating agency may apply for, accept, receive and expend appropriations, grants, loans, gifts, bequests and devises in carrying out its functions as provided by law. [1973 c.722 �8; 2007 c.301 �44; 2007 c.895 �15]

REVENUE OBLIGATIONS

�� 262.085 Authority to issue revenue obligations; procedure; rights and duties created by revenue obligations; interest rate; exemption from state taxation; immunity from personal liability in connection with issuance. (1) To accomplish any of its corporate purposes, a joint operating agency shall have the power to issue revenue obligations payable from the revenues derived by it from its ownership of, or its participation in or contribution to the ownership or development of, any one or more utility properties. The issuance of such revenue obligations shall be governed by the provisions of subsections (2) to (13) of this section.

�� (2) The board of directors shall issue revenue obligations only by bond resolution. The bond resolution shall specify the corporate purposes for which the proceeds of the revenue obligations shall be expended, declare the cost of carrying out such purposes as nearly as possible, contain such covenants, and provide for the issuance and sale of revenue obligations in such form and amount as the directors determine. In declaring such cost, the directors may include the funds necessary for working capital, reserves, fuel and fuel assemblies, interest during construction and for a reasonable period thereafter, the payment of organizational and planning expenses, the repayment of advances and such other expenses as may be reasonably necessary to carry out the purposes of such resolution. The bond resolution may provide that utility properties subsequently acquired or constructed by the joint operating agency shall be considered betterments or additions to, or extensions of the specified utility property, whether or not physically connected.

�� (3) The bond resolution may provide for the establishment of one or more special funds, and such funds may be under the control of the board or one or more trustees. The bond resolution may obligate the joint operating agency to deposit and expend the proceeds of the revenue obligations only into and from such fund or funds, and to set aside and pay into such fund or funds any fixed proportion or fixed amount of the revenues derived by it from any or all of its utility properties or other corporate activities, as the board in its discretion considers in the best interest of the agency. The board may issue and sell revenue obligations payable as to interest and principal only out of such fund or funds. In creating any special fund for the payment of revenue obligations, the board shall have due regard to the cost of operation and maintenance of the joint operating agency�s utility properties, and to any proportion or amount of the revenues previously pledged as a fund for the payment of revenue obligations, and shall not obligate the agency to set aside into such special fund or funds a greater amount or proportion of the revenues and proceeds than in its judgment will be available over and above such cost of maintenance and operation and the amount or proportion of the revenues previously pledged.

�� (4) Any revenue obligations and the interest thereon issued against any fund provided for in subsection (3) of this section shall be a valid claim of the holder thereof only as against such special fund and the proportion or amount of the revenues pledged to such fund, but shall constitute a prior charge over all other charges or claims whatsoever, against such fund and the proportion or amount of the revenues pledged to the fund. Each revenue obligation shall state on its face that it is payable from a special fund, naming the fund and the resolution creating it, or shall describe the alternate method for the payment thereof as provided by the resolution authorizing the fund.

�� (5) Any pledge of revenues or other moneys or obligations made by a joint operating agency shall be valid and binding from the time that the pledge is made and recorded in the minute book of the joint operating agency. Revenues or other moneys or obligations so pledged and later received by a joint operating agency shall immediately be subject to the lien of the pledge without any physical delivery or further act. The lien of the pledge shall be valid and binding against any parties having claims of any kind in tort, contract or otherwise against a joint operating agency, irrespective of whether such parties have notice thereof. Neither the resolution nor other instrument by which a pledge is created need be recorded except in the minute book of the joint operating agency, nor shall the filing of any financing statement under the Uniform Commercial Code be required to perfect such pledge.

�� (6) The revenue obligations issued under the provisions of subsections (1) to (5) of this section shall bear such date or dates, mature in such amounts at such time or times, be in such denominations, be in such form, either coupon or registered or both, carry such registration privileges, be made transferable, exchangeable and interchangeable, be payable in such medium, at such place or places, and be subject to such terms of redemption as the board of directors shall declare in the bond resolution.

�� (7) Any resolution authorizing any revenue obligation, and any revenue obligation, may provide for and contain such covenants in favor of the purchaser or holder of such obligation as the board of directors shall determine to be necessary, desirable, or convenient in order to secure and protect the obligation and its purchaser or holder and to enhance the marketability of the obligation. Among other things, such covenants may define events of default, provide for the appointment of a trustee or receiver in the event of default, and provide that any such trustee or receiver may take possession and control of any portion or all of the business and property of the joint operating agency upon the occasion of any event of default.

�� (8) Notwithstanding any other provision of law, the revenue obligations issued by a joint operating agency may be sold by the board of directors upon such terms and conditions and at such rate or rates of interest and for such price or prices as it may consider most advantageous to the joint operating agency, with or without public bidding. The board of directors may make contracts for the future sale from time to time of revenue obligations by which the contract purchasers shall be committed to the prices, terms and conditions stated in such contract, and the board of directors may pay such consideration as it deems proper for such commitments.

�� (9) The board of directors may provide by resolution for the issuance of funding and refunding revenue obligations in order to take up and refund any one or more series, or portion of a series, of outstanding revenue obligations at such time or times at or prior to the maturity thereof as it may determine. Such refunding revenue obligations may be sold or exchanged at par or otherwise as the board of directors determines is in the best interest of the joint operating agency.

�� (10) The board of directors may provide in any contract for the construction, acquisition or improvement of utility properties that payment shall be made only in outstanding revenue obligations at their par value.

�� (11) All revenue obligations issued pursuant to this section shall be legal securities which may be used by any bank or trust company for deposit with the State Treasurer or a county treasurer or city treasurer, as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys and shall constitute legal investments for trustees and other fiduciaries other than corporations doing a trust business in this state and for savings and loan associations, banks and insurance companies doing a trust business in the state. All such revenue obligations and all coupons appertaining thereto shall be negotiable instruments within the meaning of and for all purposes of the law of this state.

�� (12) All revenue obligations issued pursuant to this section, the interest thereon, and investment income therefrom shall be exempt from all taxes levied by the state, its agencies, instrumentalities, and political subdivisions.

�� (13) Neither the board of directors of the joint operating agency nor any person executing any revenue obligation or other evidence of indebtedness shall be liable personally thereon or shall be subject to personal liability or accountability by reason of the issuance thereof. [1973 c.722 �9]

RATES

�� 262.095 Rates for energy furnished by agency. The board of directors shall establish rates and collect charges for electric power and energy and related services sold, furnished or supplied by the joint operating agency. Such rates and charges shall be fair, nondiscriminatory and at least adequate to provide revenues sufficient for:

�� (1) Payment of the principal of and interest on those obligations of the joint operating agency for which payment has not otherwise been provided;

�� (2) All payments which the agency is obligated to set aside in any special fund for the repayment of obligations and to provide reserves therefor;

�� (3) Payment of taxes as provided by ORS 262.105; and

�� (4) Payments for the proper administration, operation, maintenance, repair, renewals and replacements of utility properties of the joint operating agency and to provide reserves therefor. [1973 c.722 �10]

MISCELLANEOUS

�� 262.105 Taxation of agency property in same manner as private power corporations. All property, real and personal, owned, used, operated or controlled by a joint operating agency for the transmission, production or furnishing of electric power or energy shall be assessed and taxed in the same manner and for the same purposes as similar property owned, used, operated or controlled by private corporations, other than electric cooperatives, for the purpose of furnishing electric power or energy to the public. The joint operating agency and its directors and officers shall be subject to the same requirements as are provided by law in respect to such assessment and taxation. All taxes so levied shall be payable by the joint operating agency out of its revenues as an expense of its operation. [1973 c.722 �11]

�� 262.110 [Repealed by 1969 c.12 �1]

�� 262.115 Construction of ORS 262.005 to 262.115 and 308.505; severability. ORS 262.005 to 262.115 and 308.505 shall be liberally construed to effect its purposes. In the event that any portion of ORS 262.005 to 262.115 and 308.505 is declared invalid or otherwise unenforceable by a court of record, the remaining provisions of ORS 262.005 to

ORS 261.355

261.355 issue and sell revenue bonds pledging revenues of its electric system and its interest or share of the revenues derived from the common facilities and any additions or betterments thereto, in order to pay its respective share of the cost of the planning, financing, acquisition and construction thereof. All moneys paid or property supplied by any such district for the purpose of carrying out the powers conferred by ORS 261.235 to 261.255 are declared to be for a public purpose. [1967 c.603 �12; 1999 c.865 �41]

POWERS

�� 261.305 General powers of district. People�s utility districts shall have power:

�� (1) To have perpetual succession.

�� (2) To adopt a seal and alter it at pleasure.

�� (3) To sue and be sued, to plead and be impleaded.

�� (4) To acquire and hold, including by lease-purchase agreement, real and other property necessary or incident to the business of the districts, within or without, or partly within or partly without, the district, and to sell or dispose of that property; to acquire, develop and otherwise provide for a supply of water for domestic and municipal purposes, waterpower and electric energy, or electric energy generated from any utility, and to distribute, sell and otherwise dispose of water, waterpower and electric energy, within or without the territory of such districts.

�� (5) To acquire, own, trade, sell or otherwise transfer renewable energy certificates.

�� (6) To exercise the power of eminent domain for the purpose of acquiring any property, within or without the district, necessary for the carrying out of the provisions of this chapter.

�� (7) To borrow money and incur indebtedness; to issue, sell and assume evidences of indebtedness; to refund and retire any indebtedness that may exist against or be assumed by the district or that may exist against the revenues of the district; to pledge any part of its revenues; and to obtain letters of credit or similar financial instruments from banks or other financial institutions. Except as provided in ORS 261.355 and 261.380, no revenue or general obligation bonds shall be issued or sold without the approval of the electors. The board of directors may borrow from banks or other financial institutions such sums as the board of directors deems necessary or advisable. No indebtedness shall be incurred or assumed except for the development, purchase and operation of electric utility facilities or for the purchase of electricity, electrical capacity or renewable energy certificates.

�� (8) To exercise the powers otherwise granted to districts by ORS 271.390.

�� (9) To levy and collect, or cause to be levied and collected, subject to constitutional limitations, taxes for the purpose of carrying on the operations and paying the obligations of the district as provided in this chapter.

�� (10) To make contracts, to employ labor and professional staff, to set wages in conformance with ORS 261.345, to set salaries and provide compensation for services rendered by employees and by directors, to provide for life insurance, hospitalization, disability, health and welfare and retirement plans for employees, and to do all things necessary and convenient for full exercise of the powers herein granted. The provision for life insurance, hospitalization, disability, health and welfare and retirement plans for employees shall be in addition to any other authority of people�s utility districts to participate in those plans and shall not repeal or modify any statutes except those that may be in conflict with the provision for life insurance, hospitalization, disability, health and welfare and retirement plans.

�� (11) To enter into contracts with any person, any public or private corporation, the United States Government, the State of Oregon, or with any other state, municipality or utility district, and with any department of any of these, for carrying out any provisions of this chapter.

�� (12) To enter into agreements with the State of Oregon or with any local governmental unit, utility, special district or private or public corporation for the purpose of promoting economic growth and the expansion or addition of business and industry within the territory of the people�s utility district. Before spending district funds under such an agreement, the board of directors shall enter on the written records of the district a brief statement that clearly indicates the purpose and amount of any proposed expenditure under the agreement.

�� (13) To fix, maintain and collect rates and charges for any water, waterpower, electricity or other commodity or service furnished, developed or sold by the district.

�� (14) To construct works across or along any street or public highway, or over any lands which are property of this state, or any subdivision thereof, and to have the same rights and privileges appertaining thereto as have been or may be granted to cities within the state, and to construct its works across and along any stream of water or watercourse. Any works across or along any state highway shall be constructed only with the permission of the Department of Transportation. Any works across or along any county highway shall be constructed only with the permission of the appropriate county court. Any works across or along any city street shall be constructed only with the permission of the city governing body and upon compliance with applicable city regulations and payment of any fees called for under applicable franchise agreements, intergovernmental agreements under ORS chapter 190 or contracts providing for payment of such fees. The district shall restore any such street or highway to its former state as near as may be, and shall not use the same in a manner unnecessarily to impair its usefulness.

�� (15) To elect a board of five directors to manage its affairs.

�� (16) To enter into franchise agreements with cities and pay fees under negotiated franchise agreements, intergovernmental agreements under ORS chapter 190 and contracts providing for the payment of such fees.

�� (17) To take any other actions necessary or convenient for the proper exercise of the powers granted to a district by this chapter and by section 12, Article XI of the Oregon Constitution. [Amended by 1953 c.627 �2; 1957 c.334 �1; 1979 c.558 �19; 1985 c.474 �1; 1987 c.245 �4; 1993 c.97 �1; 1995 c.333 �15; 2003 c.802 �76; 2007 c.301 �38; 2007 c.895 �9]

�� 261.310 Irrigation, drainage, other districts given power of utility district in certain cases. (1) Any existing irrigation, drainage or other district in good standing and duly organized under the laws of this state shall be eligible to qualify and do any and all things necessary or incident to the purchase, generation and distribution of electric power under the terms of this chapter without the necessity of reorganizing and complying with the organization procedure prescribed in this chapter, if the qualification is approved by a majority of the persons qualified to vote at a district election who vote on that question.

�� (2) Drainage districts qualifying under the provisions of this chapter may elect additional directors to make a board of five directors. [Amended by 1979 c.558 �20; 1983 c.83 �33; 2003 c.802 �77]

�� 261.315 Acquisition of distribution facilities outside district. (1) Except as to distribution facilities located in unincorporated territory at or near the boundaries of the people�s utility district and forming an interconnected part of the distribution system within the district, as determined by the county governing body after a public hearing, no facilities then being used for the distribution of electric energy outside the boundaries of the district shall be acquired by it until the acquisition thereof is approved by a majority of the electors registered in the territory in which the facilities are located, voting on that question at an election duly called for that purpose as provided in this section. If a part of the facilities is located within a city, the election shall be conducted so that the electors of the city may vote separately and have their votes counted separately, and the part within any city may not be acquired unless a majority of the electors of the city voting on the question approves.

�� (2) When a district desires to acquire facilities outside its boundaries for distribution of electric energy, the board of directors shall pass a resolution declaring that purpose, specifying the facilities that it desires to acquire and describing the boundaries of the territory served by the facilities so as to include all those receiving service or can be reasonably served through the facilities.

�� (3) A certified copy of the resolution shall be filed with the county governing body. Within 90 days thereafter, the county governing body shall designate the boundaries of the territory served by the facilities, and certify the boundaries to the counties in which they are located. The county governing body shall at the same time notify each of the counties of the call of an election for the purpose of authorizing acquisition of the facilities. This certification and notification shall be given to the county clerks of the respective counties. The notice shall state the time of the election and contain a ballot title stated in clear and concise language.

�� (4) The provisions of ORS 261.200 shall be complied with insofar as applicable. Ballots cast by electors of cities shall be separately kept and counted for each city. [Amended by 1973 c.796 �13a; 1979 c.558 �21; 1983 c.83 �34; 2003 c.802 �78]

�� 261.320 [Repealed by 1971 c.741 �38]

�� 261.325 Acquisition of water rights. Any utility district created under this chapter may acquire in its own name the right to use the unappropriated waters of this state in accordance with the laws of this state. [Amended by 1955 c.707 �34; 1979 c.54 �1; 1979 c.558 �22]

�� 261.327 Acquisition of distribution facilities of private utility; compensation for energy efficiency measures. When a district acquires from an investor owned utility, by eminent domain or otherwise, facilities for the distribution of energy within an affected territory, the district shall compensate the owner of the facilities, in addition to any other amounts otherwise due, an amount equal to the replacement value of the investor owned utility�s unreimbursed investment in energy efficiency measures and installations within the affected territory. [1991 c.358 �7]

�� 261.330 District water right appropriation exclusive if not excessive. Any filing made by any people�s utility district upon the unappropriated waters of this state for use in the future development of a hydroelectric plant by the district shall be reserved to the district and shall not be subject to appropriation by any other person, city or corporation, unless it is judicially determined that such filing exceeds the reasonable present and future requirements of the district, in which event the surplus or excess may be by judgment of a court of competent jurisdiction released and discharged from such filing. Proceedings in court for the determination of whether or not the filing by any utility district exceeds its reasonable present and future requirements may be instituted by the State of Oregon, by the Water Resources Commission in the name of and for the State of Oregon, or by any other applicant for the right to the use of the waters involved. [Amended by 1955 c.707 �35; 2003 c.576 �407; 2003 c.802 �79]

�� 261.335 Districts subject to public contracting and purchasing requirements. (1) Except as otherwise provided in subsection (2) of this section, people�s utility districts are subject to the public contracting and purchasing requirements of ORS 279.835 to 279.855,

ORS 261.900

261.900�� Construction

GENERAL PROVISIONS

�� 261.005 Short title. This chapter shall be known as the People�s Utility District Law.

�� 261.007 Policy. The purpose of this chapter is to implement the intent and purpose of section 12, Article XI, of the Oregon Constitution including authorization for the establishment of people�s utility districts to develop the water and energy resources of this state for the benefit of the people of this state and to supply public utility service, including water, water power and electric energy for all uses and users. [1979 c.588 �2]

�� 261.010 Definitions. As used in this chapter, unless otherwise required by the context:

�� (1) �Affected territory� means that territory proposed to be formed into, annexed to or consolidated with a district.

�� (2) �Board of directors,� �directors� or �board� means the governing body of a people�s utility district, elected and functioning under the provisions of this chapter.

�� (3) �County governing body� means either the county court or board of county commissioners and, if the affected territory is composed of portions of two or more counties, the governing body of that county having the greatest portion of the assessed value of all taxable property within the affected territory, as shown by the most recent assessment roll of the counties.

�� (4) �Electors� petition� means a petition addressed to the county governing body and filed with the county clerk, containing the signatures of electors registered in the affected territory, equal to not less than three percent of the total number of votes cast for all candidates for Governor within the affected territory at the most recent election at which a candidate for Governor was elected to a full term, setting forth and particularly describing the boundaries of the parcel of territory, separate parcels of territory, city and district, or any of them, referred to therein, and requesting the county governing body to call an election to be held within the boundaries of the parcel of territory, separate parcels of territory, city and district, or any of them, for the formation of a district, the annexation of a parcel of territory or a city to a district, or the consolidation of two or more districts.

�� (5) �Electric cooperative� means a cooperative corporation owning and operating an electric distribution system.

�� (6) �Initial utility system� means a complete operating utility system, including energy efficiency measures and installations within the district or proposed district, capable of supplying the consumers required to be served by the district at the time of acquisition or construction with all of their existing water or electrical energy needs.

�� (7) �Parcel of territory� means a portion of unincorporated territory, or an area in a city comprised of less than the entire city.

�� (8) �People�s utility district� or �district� means an incorporated people�s utility district, created under the provisions of this chapter.

�� (9) �Replacement value of unreimbursed investment� means original cost new less depreciation of capitalized energy efficiency measures and installations in the premises of customers of an investor owned utility.

�� (10) �Separate parcel of territory� means unincorporated territory that is not contiguous to other territory that is a part of a district or that is described in a petition filed with the county clerk in pursuance of the provisions of this chapter, but when a proposed district includes territory in more than one county, the contiguous territory in each such county shall be considered as a separate parcel of territory. When a proposed district includes any area in a city comprised of less than the entire city, that area shall be considered as a separate parcel of territory.

�� (11) �Utility� means a plant, works or other property used for development, generation, storage, distribution or transmission of electricity, or development or transmission of water for domestic or municipal purposes, but transmission of water shall not include water for irrigation or reclamation purposes, except as secondary to and when used in conjunction with a hydroelectric plant. [Amended by 1961 c.224 �10; 1979 c.558 �4; 1981 c.804 �76; 1983 c.83 �32; 1989 c.174 �3; 1991 c.358 �1; 2003 c.802 �65; 2005 c.22 �189; 2007 c.301 �30; 2007 c.895 �1]

�� 261.015 [Renumbered 261.121]

�� 261.020 [Repealed by 1973 c.796 �79]

�� 261.025 Statutory provisions cumulative. The provisions of this chapter are additional and cumulative to the provisions of any other law now or hereafter existing for the holding of elections in districts.

�� 261.030 Limit of authority to control existing utilities of electric cooperatives or cities. Nothing contained in this chapter authorizes or empowers the board of directors of any people�s utility district to interfere with or exercise any control over any existing utility owned and operated by any electric cooperative or city in the district unless by consent of the governing body of the electric cooperative or of the city council or the governing body of the plant owned by a city, when the control of the plant is vested in a governing body other than the city council or governing body of the city. However a district may participate fully, on a mutually agreed basis, with electric cooperatives and utilities owned by cities in common facilities under ORS 261.235 to 261.255 and in the formation and operation of joint operating agencies under ORS chapter 262. [Amended by 1979 c.558 �5; 2003 c.802 �66; 2007 c.301 �31; 2007 c.895 �2]

�� 261.035 Effect of chapter on charter provisions of cities and acquisition of plants. Nothing in this chapter modifies in any manner any charter provisions of any city, or prohibits any city from acquiring and operating its own plant. [Amended by 2003 c.802 �67]

�� 261.040 [Amended by 1979 c.558 �6; renumbered 261.118]

�� 261.045 Procedure in absence of specific provision. Where the procedure for formation of a district, annexation of territory to a district, consolidation of two or more districts, issuance of bonds and levying and collection of taxes, holding of elections or any other matter in connection with organization or operation of utility districts is not specifically provided for, any suitable method and proceeding, or either, may be adopted which may appear most conformable to the spirit of this chapter and the provisions of section 12, Article XI, Oregon Constitution.

�� 261.050 Taxation of district property. (1) All property, real and personal, owned, used, operated or controlled by any people�s utility district, in or for the production, transmission, distribution or furnishing of electricity or electric service for or to the public, shall be assessed and taxed in the same manner and for the same purposes, and the district and the directors and officers thereof shall be subject to the same requirements, as are provided by law in respect to assessment and taxation of similar property owned, used, operated or controlled by private corporations or individuals for the purpose of furnishing electricity or electric service to the public.

�� (2) If a people�s utility district owns property jointly with a tax-exempt governmental or municipal entity, only the portion of the property used, operated or controlled by the people�s utility district shall be assessed and taxed pursuant to subsection (1) of this section. [Amended by 2007 c.301 �32; 2007 c.895 �3a]

�� 261.055 Special elections called by board. When any people�s utility district desires to hold an election for the purpose of submitting to the electors of the district any question that may lawfully be submitted to them, the board may, at any regular or special meeting called in accordance with its rules or the statutes governing the same, adopt a resolution calling a special election to be held on a date specified in ORS

ORS 262.005

262.005 to 262.115 and 308.505; severability

GENERAL PROVISIONS

�� 262.005 Definitions for ORS 262.015 to 262.105. As used in ORS 262.015 to 262.105, unless the context requires otherwise:

�� (1) �Electric cooperative� means a cooperative corporation owning and operating an electric distribution system.

�� (2) �Joint operating agency� means an agency organized by three or more cities or people�s utility districts under the laws of this state for the purposes and according to ORS 262.005 to 262.105.

�� (3) �Privately owned electric utility company� means an electric utility operated for profit and subject to regulation by the Public Utility Commission of Oregon or the equivalent officer or commission of any other state.

�� (4) �Utility properties� means a plant, works or other property used for development, generation, storage, distribution or transmission of electricity. �Utility properties� does not include facilities for uranium refining, processing or reprocessing. [1973 c.722 �1; 2005 c.22 �190; 2007 c.301 �42; 2007 c.895 �13]

�� 262.010 [Repealed by 1969 c.12 �1]

�� 262.015 Authority for joint operating agency formation; powers. (1) Any three or more cities or people�s utility districts or combinations thereof, organized under the laws of this state, may form a joint operating agency to plan, acquire, construct, own, operate and otherwise promote the development of utility properties for the generation, transmission and marketing of electricity, electrical capacity or renewable energy certificates.

�� (2) A joint operating agency may participate with other publicly owned utilities, including other joint operating agencies, or with electric cooperatives, or with privately owned electric utility companies, or with any combination thereof, for any purpose set forth in subsection (1) of this section, whether such agencies or utilities are organized or incorporated under the laws of this state or any other jurisdiction. However, no joint operating agency may act alone or as the managing participant to acquire, construct, own or operate utility properties.

�� (3) Joint operating agencies, cities, people�s utility districts and privately owned utilities, or combinations thereof, may participate in joint ownership of common facilities in accordance with ORS 225.450 to 225.490 or 261.235 to

ORS 264.340

264.340 shall not abrogate any contract to which the district is a party and which relates to the fire protection service performed under ORS 264.340, and the district shall be obligated and authorized to complete and enforce performance of all such contracts. [1961 c.669 �2; 1969 c.666 �25]

�� 264.350 Street lighting system; contracts for electricity; tax levy and service charges to maintain and purchase electric energy. (1) Any district, when authorized by the electors, may install, maintain and operate a system, or systems, of street, road and highway lights. Lights shall be maintained upon streets, roads, intersections or other places as, in the judgment of the board of commissioners, will furnish the best lighting service to the residents within the district.

�� (2) The district through its board of commissioners may contract with any supplier of electricity, private or public, to furnish the electric energy for such systems.

�� (3) The district, when authorized by the electors, may at any time thereafter levy a tax, not to exceed three-twentieths of one percent (0.0015) of real market value in any one year for the installation of the system and any extension thereof, and not to exceed one-twentieth of one percent (0.0005) of real market value in any one year for maintenance and purchase of electric energy. The tax limits provided by this subsection shall be computed as a percentage of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207.

�� (4) A district may require any person to pay the cost of installing the highway lighting system adjacent to the property of the person. The district shall have the further right to include the cost of installing the system as a part of an agreement with any person for extending a water main.

�� (5) If authorized by the electors, the cost of maintenance and purchase of energy may be charged to the water consumers on the basis of one share for each water connection, payable monthly with the bills for water charges. The district may, when authorized by the electors, change from either system of collection to the other. The funds received from the respective levies and charges to water users shall be used only for the purposes collected and no other funds of the district shall be so used.

�� (6) Elector approval required by this section means the approval of a majority voting at a special election called by the board for the purpose of submitting the matter to the electors. [Amended by 1955 c.163 �2; 1963 c.9 �9; 1969 c.666 �26; 1991 c.459 �361]

�� 264.352 Drainage work. Any district may perform drainage work for the purpose of reclaiming real property located within the district, protecting real or personal property located within the district from the effects of water, promoting sanitation, providing for the public health, convenience and welfare or providing services of public utility or benefit. The district may use all applicable powers granted to it by this chapter, including the rights and powers of eminent domain, in performing the drainage work authorized by this section. [1959 c.381 �2; 1969 c.666 �27]

�� 264.360 Cooperative agreements; bonding power. (1) Districts may enter into cooperative agreements with each other providing for the joint acquisition, construction, ownership, use or control of facilities for the collection, treatment, distribution or supply of water.

�� (2) Each district may issue and sell general obligation, revenue or refunding bonds, subject to the limitations and procedures contained or referred to in this chapter for the authorization, issuance or sale of such bonds, for the purpose of paying its share of the cost of the acquisition or construction of facilities provided for in cooperative agreements authorized by this section. [1963 c.146 �1; 1969 c.666 �28]

�� Note: 264.360 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 264 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

IMPROVEMENTS AND ASSESSMENTS

�� 264.362 Initiation of proceedings; survey and report of project. Whenever the district board considers it necessary, upon its own motion, or upon the petition of the owners of one-half of the property that benefits specially from the improvement, to make any improvement to be paid for in whole or in part by special assessment according to benefits, the board shall, by motion, cause a survey and written report for such project to be made and filed with the secretary. Unless the district board directs otherwise, the report shall contain:

�� (1) A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for the payment of any part of the cost thereof.

�� (2) Plans, specifications and estimates of the work to be done; however, where the proposed project is to be carried out in cooperation with any other governmental agency, the district board may adopt the plans, specifications and estimates of such agency.

�� (3) An estimate of the probable cost of the improvement, including any legal, administrative and engineering costs attributable thereto.

�� (4) An estimate of the unit cost of the improvement to the specially benefited properties.

�� (5) A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited.

�� (6) The description and assessed value of each lot, parcel of land or portion thereof, to be specially benefited by the improvement, with the names of the record owners thereof and, when readily available, the names of the contract purchasers thereof.

�� (7) A statement of outstanding assessments against property to be assessed. [1969 c.686 �2]

�� 264.364 Board action on report. After the report has been filed with the secretary, the district board may by motion approve the report, modify the report and approve it as modified, require additional or different information for the improvement, or it may abandon the improvement. [1969 c.686 �3]

�� 264.366 Declaration of intention; notice of improvement and hearing. After the district board approves the report as submitted or modified, the board shall, by resolution, declare its intention to make the improvement, provide the manner and method of carrying out the improvement and direct the secretary to give notice of the improvement. Such notice shall be given by two publications one week apart in a newspaper of general circulation within the district, and by mailing copies of the notice by registered or certified mail to the owners to be assessed for the costs of the improvement. The notice shall contain the following:

�� (1) That the report of the improvement is on file in the office of the secretary and is subject to public examination.

�� (2) That the district board will hold a public hearing on the proposed improvement on a specified date, which shall not be earlier than 10 days following the first publication of notice, at which objections and remonstrances to the improvement will be heard by the board; and that if prior to such hearing there shall be presented to the secretary valid, written remonstrances of the owners of two-thirds of the property or two-thirds of the front footage of the property to be specifically affected for the improvement, then the improvement will be abandoned for at least six months, unless the improvement is unanimously declared by the district board to be needed at once because of an emergency.

�� (3) A description of the property to be specially benefited by the improvement, the owners of the property and the estimate of the unit cost of the improvement to be paid for by special assessments to benefited properties. [1969 c.686 �4]

�� 264.368 Manner of doing work. The district board may provide in the improvement resolution that the construction work will be done in whole, or in part, by the district, by a contract or by any other governmental agency, or by any combination thereof. [1969 c.686 �5]

�� 264.370 Hearing; assessment ordinance. (1) At the time of the public hearing on the proposed improvement, if the written remonstrances represent less than the amount of property required to defeat the proposed improvement, if such an improvement is one that can be remonstrated against, then on the basis of such hearing of written remonstrances and oral objections, if any, the district board may, by motion, at the time of the hearing or within 60 days thereafter, order the improvement to be carried out in accordance with the resolution, or the district board may, on its own motion, abandon the improvement.

�� (2) After the public hearing on the proposed improvement and after the district board has moved to proceed with the improvement, it may pass an ordinance assessing the various lots, parcels of land or parts thereof, to be specially benefited with their apportioned share of the cost of the improvement; but the passage of an assessment ordinance may be delayed until the contract for the work is let, or until the improvement is completed and the total cost thereof is determined. [1969 c.686 ��6,7]

�� 264.372 Methods of assessment; alternative financing. The district board in adopting a method of assessment of the costs of the improvement may:

�� (1) Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived.

�� (2) Use any method of apportioning the sum to be assessed as is just and reasonable between the properties determined to be specially benefited.

�� (3) Authorize payment by the district of all, or any part, of the cost of any such improvement, when in the opinion of the board the topographical or physical conditions, or unusual or excessive public travel, or other character of the work involved warrants only a partial payment or no payment by the benefited property of the costs of the improvement. [1969 c.686 �8]

�� 264.374 Appeal from assessment. Any person feeling aggrieved by the assessments made under an assessment ordinance may, within 20 days after the passage of the ordinance levying the assessment by the district board, appeal to the circuit court for the county in which the district is located. The appeal and the requirements and formalities thereof shall be heard, governed and determined, and the judgment thereon rendered and enforced, in the manner provided for appeals from assessments in ORS 223.005 to 223.105 and 223.205 to 223.930. The result of the appeal shall be a final and conclusive determination of the matter of the assessment, except with respect to the district right of reassessment provided by ORS 264.390. [1969 c.686 �9]

�� 264.376 Notice of assessment. Within 10 days after the ordinance levying assessments is adopted, the secretary of the district shall send by registered or certified mail a notice of assessment to the owner of the assessed property, and shall publish notice of the assessment twice in a newspaper of general circulation in the district, the first publication of which shall be made not later than 10 days after the date of the assessment ordinance. The notice of assessment shall recite the date of the assessment ordinance and shall state that upon the failure of the owner of the property assessed to make application to pay the assessment in installments within 10 days from the date of the first publication of notice, or upon the failure of the owner to pay the assessment in full within 30 days after the date of the assessment ordinance, then interest will commence to run on the assessment and the property assessed will be subject to foreclosure. The notice shall also set forth a description of the property assessed, the name of the owner of the property and the amount of each assessment. [1969 c.686 �10]

�� 264.378 Assessment lien records; foreclosure proceedings. After passage of the assessment ordinance by the district board, the secretary shall enter in the docket of district liens a statement of the amounts assessed upon each particular lot, parcel of land or portion thereof, together with a description of the improvement, the name of the owners and the date of the assessment ordinance. Upon such entry in the lien docket, the amount so entered shall become a lien upon the respective lots, parcels of land or portions thereof, which have been assessed for such improvement. All assessment liens of a district shall be superior and prior to all other liens or encumbrances on property in so far as the laws of the state permit. Interest shall be charged at such rate as the governing body of the district may provide on all unpaid assessments, together with an amount sufficient to pay a proportionate part of the cost of administering the bond assessment program and issuing the bonds authorized under ORS 264.250, including, but not limited to, legal, printing and consultant�s fees, such amount to be determined by the governing body, until paid on all amounts not paid within 30 days from the date of an assessment ordinance. After expiration of 30 days following the date of an assessment ordinance the district may proceed to foreclose or enforce collection of the assessment liens in the amount provided by the general law of the state. However, the district may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under the laws of the state to redeem the property. [1969 c.686 �11; 1981 c.322 �7]

�� 264.380 Errors in assessment calculations. Claimed errors in the calculation of assessments shall be called to the attention of the secretary of the district, who shall determine whether there has been an error in fact. If the secretary finds that there has been an error in fact, the secretary shall recommend to the district board an amendment to the assessment ordinance to correct the error. Upon enactment of the amendment, the secretary shall make the necessary correction in the lien docket and send a correct notice of assessment by registered or certified mail. [1969 c.686 �12]

�� 264.382 Deficit assessment. In the event that an assessment is made before the total cost of the improvement is ascertained, and if it is found that the amount of the assessment is insufficient to defray the expenses of the improvement, the district board may, by motion, declare such deficit and prepare a proposed deficit assessment. The board shall set a time for a hearing of objections to such deficit assessment and shall direct the secretary to publish one notice thereof in a newspaper of general circulation in the district. After the hearing the board shall make a just and equitable deficit assessment by ordinance, which shall be entered in the lien docket as provided by ORS 264.362 to 264.394. Notices of the deficit assessment shall be published and mailed and the collection of the assessment shall be made in accordance with ORS 264.376 and 264.378. [1969 c.686 �13]

�� 264.384 Excess assessment; rebate. Upon the completion of the improvement project, if it is found that the assessment previously levied upon any property is more than sufficient to pay the costs of the improvements, the district board shall ascertain and declare the amount of the excess by ordinance. When declared, the excess amounts shall be entered on the lien docket as a credit upon the appropriate assessment. If any assessment has been paid, the person who paid it, or the legal representative of the person, shall be entitled to the repayment of the rebate credit, or the portion thereof which exceeds the amount unpaid on the original assessment. [1969 c.686 �14]

�� 264.386 Abandonment of proceedings. The district board may abandon proceedings for an improvement at any time prior to the final completion of the improvement. If liens have been assessed upon any property under ORS 264.362 to 264.394, they shall be canceled, and any payments made on such assessments shall be refunded to the person paying the same, the assigns or legal representatives of the person. [1969 c.686 �15]

�� 264.388 Guides in testing validity of proceedings; proceedings to correct. No improvement assessment shall be rendered invalid by reason of a failure of the improvement report to contain all of the information required by ORS 264.362, or by reason of a failure to have all of the information required to be in the improvement resolution, the assessment ordinance, the lien docket or notices required to be published and mailed, nor by the failure to list the name of, or mail notice to, the owner of any property as required by ORS 264.362 to 264.394, or by reason of any other error, mistake, delay, omission, irregularity or other act, jurisdiction or otherwise, in any of the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect upon the person complaining. The district board may remedy and correct all such matters by suitable action and proceedings. [1969 c.686 �16]

�� 264.390 Reassessment. Whenever any assessment, deficit assessment or reassessment for any improvement which has been made by the district is set aside, or its enforcement restrained by any court having jurisdiction thereof, or when the district board is in doubt as to the validity of an assessment, deficit assessment or reassessment, or any part thereof, the district board may make a reassessment in the manner provided by ORS 223.405 to 223.485. [1969 c.686 �17]

�� 264.392 [1969 c.686 �18; repealed by 1995 c.333 �37]

�� 264.394 Enforcement of assessment lien. (1) In case the whole or any portion of the cost of an improvement is assessed against the property directly benefited and the owner of the property fails to pay the amount of the lien, or any portion thereof, or the interest thereon, when they become due, the board may proceed to foreclose the lien in any manner provided by law for the collection of liens by municipalities and may provide by ordinance a general procedure for the collection of liens in any manner not inconsistent with law.

�� (2) The provisions of ORS 223.405 to 223.485 relating to reassessment shall be available to districts where applicable. [1969 c.686 �19]

BOARD OF COMMISSIONERS

�� 264.410 Board; qualification; terms. (1) Except as otherwise provided by this chapter, the power and authority given to districts is vested in and shall be exercised by a board of five commissioners, each of whom shall be an elector of the district. However, if there are fewer than 100 electors of the district, then any individual who owns and maintains real property within the district, pays taxes levied thereon by the district and is an elector registered anywhere in this state may serve as a commissioner. Except as provided by subsection (2) of this section, each commissioner shall be elected for a term of four years.

�� (2) Within 10 days after the formation of a district and the election of the members of the first board, the commissioners shall meet and organize, first taking and subscribing an oath of office. The commissioners first elected shall determine by lot the length of term each shall hold office. The terms of two commissioners shall expire June 30 next following the first regular district election and the terms of three commissioners shall expire June 30 next following the second regular district election.

�� (3) The board of commissioners shall fill any vacancy on the board as provided in ORS 198.320. [Amended by 1955 c.213 �3; 1967 c.436 �2; 1969 c.666 �29; subsection (3) renumbered

ORS 270.190

270.190, 273.416, 273.426 to 273.436 and 273.551. [1991 c.816 �4; 1999 c.314 �80]

�� 270.020 Title to property. Title to any parcel of land held by a state agency shall be in the name of the state, by and through the state agency controlling the parcel. [Formerly 273.195]

�� 270.025 Agreements with United States Government for electrical and other transmission lines; effect on rights of private property owners. The State of Oregon may enter into agreements with the United States or any agency thereof, relative to the conditions for and places where electrical and other transmission lines may be placed and maintained across any property owned or controlled by the state, which agreements may be in perpetuity or for such length of time as may be specified. However, no such agreement shall affect the constitutional rights of any owners of private property who do not join therein. [Formerly 273.461]

�� 270.030 Conveyance of real property and mineral rights to eligible Indian tribes. (1) Notwithstanding ORS 270.010 (2) or 270.100 to 270.190, a state agency may transfer, convey, donate, exchange or lease to an eligible Indian tribe, as defined in ORS 307.181, any real property or interest in real property owned by the agency at such price and on such terms as the agency may determine.

�� (2) Notwithstanding ORS 273.775 to 273.790, an agency disposing of real property or interest in real property under this section also may convey the mineral and geothermal resource rights in the real property to the Indian tribe. [2023 c.415 �1]

�� Note: 270.030 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 270 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

TRANSFER PROCEDURES

�� 270.100 Notice to department before sale of real property; rules; procedures; restrictions on final disposition. (1)(a) Before offering for sale any real property or equitable interest in real property that the state owns, the state agency acting for the state in the sales transaction shall report to the Oregon Department of Administrative Services that the state agency intends to sell or transfer the real property or the equitable interest. The department, or an agency the department specifically designates, shall notify other state agencies authorized to own real property of the intended sale or transfer to determine whether acquiring the real property or interest in the real property would be advantageous to another state agency.

�� (b)(A) The department shall give the first opportunity after other state agencies to acquire, purchase, exchange or lease real property or an interest in real property that the State of Oregon disposes of or sells to:

�� (i) The following entities, on the condition that the entities will develop housing on the real property that will be occupied by families and individuals with an income no greater than 80 percent of the median family income for the county in which the real property is located:

�� (I) Nonprofit organizations; and

�� (II) Indian tribes, as defined in ORS 97.740; and

�� (ii) Political subdivisions, as defined in ORS 271.005.

�� (B) The state agency responsible for selling or transferring the property or the equitable interest may require at the time of the sale or transfer that a political subdivision must use state real property or an equitable interest in real property sold or transferred to the political subdivision for a public purpose or benefit, and that the political subdivision may not resell the real property or the equitable interest to a private purchaser.

�� (c) If a state agency that intends to sell or transfer real property or an equitable interest in real property has not disposed of the real property or the equitable interest under paragraph (a) or (b) of this subsection, the state agency shall cause the real property to be appraised by one or more competent and experienced appraisers in accordance with rules the department adopts. Except as provided in ORS 273.825, if the property has an appraised value exceeding $5,000, the property or an equitable interest in the property may not be sold to any private person except after notice calling for such proposals as set forth in ORS 270.130.

�� (d) The department shall adopt rules to carry out the provisions of this section.

�� (2) Before a state agency acquires any real property or interest in real property, except for highway right of way that the Department of Transportation acquires, park properties that the State Parks and Recreation Department acquires and property within the approved projected campus boundaries for public universities listed in ORS 352.002, the state agency shall report to the Oregon Department of Administrative Services that the state agency intends to acquire the real property or the interest in real property. The department shall notify other state agencies that own land that the state agency intends to acquire real property or an interest in real property to determine whether another state agency desires to sell or transfer property that would meet the needs of the acquiring agency. In accordance with rules the Oregon Department of Administrative Services adopts, if no other state agency desires to sell or transfer property that would meet the needs of the agency that intends to acquire real property or an interest in real property, the agency may acquire the real property or interest in real property, consistent with applicable provisions of law.

�� (3) Before any terminal disposition of real property or an interest in real property, the state agency acting for the state in the transaction must secure approval of the transaction from the Oregon Department of Administrative Services.

�� (4) Subsection (3) of this section does not apply to terminal disposition of the following real property:

�� (a) Property that the State Department of Fish and Wildlife controls;

�� (b) State forestlands that the State Forestry Department controls;

�� (c) Property that the Department of Transportation controls;

�� (d) Property that the Department of State Lands controls;

�� (e) Property that public universities listed in ORS 352.002 control;

�� (f) Property that the legislative branch of state government controls;

�� (g) Property that the judicial branch of state government controls; and

�� (h) Property that the State Parks and Recreation Department controls.

�� (5) Notwithstanding the provisions of subsection (4) of this section, prior approval by the Oregon Department of Administrative Services is required for the terminal disposition of public land for less than the fair market value of the public land.

�� (6) The provisions of ORS 184.634, 270.005 to 270.015, 270.100 to 270.190, 273.416,

ORS 271.310

271.310 to 271.330, the value of the real property accepted by the political subdivision in exchange for any of its property plus cash, if any, shall not be less than the value of the property relinquished. [Amended by 1981 c.787 �30]

�� 271.350 Determining valuation of property in exchanges. The value of the respective properties proposed to be exchanged shall be determined by the governing body of the political subdivision. The governing body shall cause it to be appraised by one or more competent and experienced appraisers. The compensation, if any, of the appraisers shall be borne equally by the respective owners of the property. In case the valuation shall not be mutually satisfactory to the respective owners it shall not be binding upon them. [Amended by 1981 c.787 �31]

�� 271.360 Lease requirements. Every lease entered into pursuant to ORS 271.310 shall be authorized by ordinance or order of the body executing the same and shall provide terms and conditions as may be fixed and determined by the governing body executing the lease. The lease may provide that the lessee shall pay ad valorem taxes assessable against the leased property, or that the political subdivision shall pay these taxes, in which latter event the anticipated amount of taxes shall be taken into consideration in fixing the rental charge. [Amended by 1981 c.787 �32]

�� 271.370 [Amended by 1981 c.787 �33; 1983 c.660 �1; repealed by 1985 c.443 �1]

�� 271.375 Public grazing lands; sale; lease or exchange. The counties of the state are authorized to sell, convey, lease or exchange any or all county-owned lands chiefly suitable for grazing, to or with the state or each other and with the United States of America for other lands either of equal acreage or of equal value. All powers granted by this section to the several counties are in addition to and not in derogation of powers previously conferred by law. [Formerly 273.240; 1981 c.787 �34]

�� 271.380 Indemnifying political subdivision for loss or damage resulting from occupancy of its property. Any political subdivision occupying a street or public property of another political subdivision by any structure above, on or under the surface, may provide a contract of indemnity to protect the other political subdivision against loss or damage resulting from that occupancy. [1959 c.442 �1; 1981 c.787 �35]

�� 271.390 Lease or purchase of real estate by public body or council of governments; financing agreement. (1) As used in this section:

�� (a) �Council of governments� means a council of governments or other similar entity created prior to the enactment of ORS 190.010 (5) on September 29, 1991.

�� (b) �Public body� has the meaning given that term in ORS 287A.001.

�� (c) �Real or personal property� means land, improvements to land, structures, fixtures, personal property, including furnishings, equipment and computer software purchases and licenses, and any costs that may be capitalized under generally accepted accounting principles and treated as costs of personal property.

�� (2) A public body or a council of governments may enter into contracts for the leasing, rental or financing of any real or personal property that the governing body of the public body or council of governments determines is needed, including contracts for rental, long term leases under an optional contract for purchase, financing agreements with vendors, financial institutions or others, or for purchase of any property. Contracts made by a public body or a council of governments are subject to the terms of its charter, intergovernmental agreement or other organizing document, if applicable. If authorized by the governing body, the contracts may:

�� (a) Provide that the obligations of the public body or council of governments under the contract is secured by a mortgage on or other security interest in the property to be leased, rented, purchased or financed under the contract.

�� (b) Provide that the obligations of the public body or council of governments under the contract are payable out of all or any portion of lawfully available funds of the public body or council of governments, and lawfully available funds may be pledged to the payment of those obligations.

�� (c) If authorized by the charter, intergovernmental agreement or other organizing document of the public body or council of governments, contain a covenant on the part of the public body or council of governments to budget and appropriate in each fiscal year, in accordance with law, sums sufficient to pay when due the amounts owing under the contract.

�� (d) Provide for the issuance of certificates of participation in the payment obligations of the public body or council of governments under the contract and contain other covenants, agreements and provisions determined to be necessary or appropriate in order to better secure the obligations of the public body or council of governments.

�� (3) The lien of the pledge, mortgage or security interest is valid and binding from the time of entering into the contract. The revenue or property is immediately subject to the lien without physical delivery, filing or other act, and the lien is superior to all other claims and liens of any kind whatsoever. Subject to the terms, provisions and limitations of the contract, the lien may be foreclosed by a proceeding brought in the circuit court of the county in which the public body, or the greater part thereof, or the main office of the council of governments is located, and any tangible real or personal property subject to the lien may be sold upon the order of the court. The proceeds of the sale must be applied first to the payment of the costs of foreclosure and then to the amounts owing under the contract, with any balance being paid to the public body or council of governments. The authority granted by this section is in addition to, and not in lieu of, any other statutory or charter authority.

�� (4) A public body or council of governments that has entered into a lease purchase or installment purchase agreement may enter into a financing agreement to refinance the obligations of the public body or council of governments under the lease purchase or installment purchase agreement.

�� (5) The estimated weighted average life of a financing contract executed under this section may not exceed the estimated dollar weighted average life of the real or personal property that is financed with the contract. [Amended by 1995 c.333 �2; 1997 c.171 �7; 1999 c.559 �1; 2003 c.195 �8; 2005 c.443 �3; 2007 c.783 �89]

�� 271.400 Conveyances by political subdivision to state. Notwithstanding any other law, the governing body of a political subdivision may convey, by a proper deed of conveyance executed by the proper governing body, to the State of Oregon, by and through any state agency, for carrying out the purposes of that agency, any lands or rights therein vested in the political subdivision, upon terms and conditions as may be agreed upon with the state agency. [Amended by 1981 c.787 �36]

�� 271.405 Transfer of property by city or town to county for public institutions and works. Whenever any property or rights therein required by any county in carrying out public purposes is owned by an incorporated city or town within such county, the city or town may, if in the judgment of the governing body of the city or town the public may be benefited thereby, convey and transfer to such county by proper conveyances, and the county may accept, such property or rights. [Amended by 1981 c.153 �59]

�� 271.410 Use of municipal property for rodeos, games, racing and exhibitions. Any municipal corporation having the right to possession of real property within or without its corporate limits may rent, lease or otherwise give possession of such real property for the purpose of conducting such rodeos, baseball games, football games, racing and exhibitions generally as are authorized under the laws of this state.

�� 271.420 City bonds as payment for land sold by city. By ordinance duly passed by its governing body, any incorporated city or town may authorize the acceptance of its general obligation bonds or interest coupons, or both, in payment of the purchase price of any lands acquired and for sale by such city or town.

�� 271.430 Lease of space above or below street or highway; effect on prior dedication or grant for public purpose. Any political subdivision holding the easement or fee title to a street or highway may lease the space above or below that street or highway for private purposes for such period as the governing body determines the space will not be needed for public purposes, and upon other terms and conditions the governing body finds to be in the public interest. Before leasing the space, the governing body shall determine that the use of the space will not unreasonably interfere with the public use and utility use of the street or highway, and shall notify the property owners abutting the space proposed to be leased under this section and give them an opportunity to be heard with respect to the proposed leasing. Lease of space above or below a street or highway for private purposes shall not affect prior dedication or grant of the area for street or highway purposes. [1969 c.586 �2; 1981 c.787 �37]

�� 271.440 Agreements for location of transmission lines on property of political subdivision. Any political subdivision, owning or controlling any real property or rights therein, may enter into agreements with the United States or any agency thereof, relative to the conditions for and places where electrical and other transmission lines may be placed and maintained across that property. The agreements may be in perpetuity or for a shorter period. However, an agreement shall not affect the constitutional rights of any owners of private property who do not join therein. [Formerly 758.030; 1981 c.787 �38]

�� 271.445 Installation of fiber-optic lines on public land and in public right of way. (1) It is the intent of the Legislative Assembly that the state inform city and county governments of applications for the installation of fiber-optic lines on public land and in public rights of way that have been submitted to state agencies.

�� (2) The Governor shall direct the Department of Transportation and the Department of State Lands to take such action as necessary to ensure that affected city and county governments are informed of applications for the installation and maintenance of fiber-optic lines on public land and in public rights of way that have been submitted to the state agencies. [1999 c.1093 �40]

�� Note: 271.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 271 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ACQUISITION AND DISPOSITION OF INDUSTRIAL FACILITIES

�� 271.510 Definition of �industrial facility� for ORS 271.510 to 271.540. As used in ORS 271.510 to 271.540, �industrial facility� means any land, any building or other improvement, and all real and personal properties, including, but not limited to, machinery and equipment deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use for industrial, commercial, manufacturing, research and development or warehousing purposes, but shall not include port facilities, railroads or facilities for any purposes or enterprises which are subject to regulation by the Public Utility Commission of Oregon. [1965 c.553 �2; 1981 c.787 �39; 1983 c.459 �13; 1985 c.541 �3]

�� 271.520 Declaration of legislative purpose. It is hereby declared that there is a need for the continued development of industrial, commercial, manufacturing, research and development and warehouse facilities to insure the growth and prosperity of the state, and of the counties and cities within the state. It is the purpose of ORS 271.510 to

ORS 271.795

271.795.

�� (2) A conservation easement under this section shall be recorded with the property records of the tract on which the destination resort is sited. [1993 c.590 �5]

COMMUNITY GREEN INFRASTRUCTURE GRANT PROGRAM

�� 197.468 Purpose. The Legislative Assembly finds and declares that:

�� (1) The purpose of community green infrastructure projects and green infrastructure economic development projects is to provide direct social, environmental and economic benefits to communities across this state through green infrastructure.

�� (2) The social, environmental and economic benefits of green infrastructure to communities include, but are not limited to:

�� (a) Climate change mitigation, adaptation and resilience;

�� (b) Stormwater management;

�� (c) Air temperature regulation;

�� (d) Air quality benefits;

�� (e) Noise abatement;

�� (f) Energy savings;

�� (g) Economic development opportunities;

�� (h) Public or community health benefits;

�� (i) Support for community food pathways through regenerative agriculture;

�� (j) Water quality improvements, including temperature regulation;

�� (k) Water conservation;

�� (L) Erosion control;

�� (m) Park and open space benefits;

�� (n) Urban forest benefits;

�� (o) Restoration of floodplain functions;

�� (p) Restored or expanded wetlands and riparian areas;

�� (q) Habitat improvements;

�� (r) Aquifer recharge that does not include an extractive or consumptive use of the aquifer;

�� (s) Stream flow augmentation;

�� (t) Carbon sequestration;

�� (u) Community livability;

�� (v) Local jobs; and

�� (w) The use of plants and food in maintaining social and environmental identity and lifeways. [2023 c.442 �22]

�� Note: 197.468 to 197.472 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 197.469 Definitions for ORS 197.468 to 197.472. As used in ORS 197.468 to 197.472:

�� (1) �Community green infrastructure project� means a green infrastructure project that provides social, environmental or economic benefits to a particular community and is developed through a collaborative process that helps to define those benefits.

�� (2) �Environmental justice community� has the meaning given that term in ORS 182.535.

�� (3) �Green communities nursery� means an Oregon nursery certified by the State Department of Agriculture under ORS 571.252.

�� (4) �Green infrastructure� means:

�� (a) Green infrastructure as defined in ORS 550.160; or

�� (b) Infrastructure that:

�� (A) Mimics natural systems, or enables natural systems to be less stressed through water conservation, water protection or ecosystem restoration, at the neighborhood or site scale as part of an integrated approach in residential, municipal or industrial developments or water infrastructure; and

�� (B) Implements community-based concepts, principles and practices to conserve and manage resources for future generations, sequester carbon and provide environmental and social benefits.

�� (5) �Green infrastructure economic development project� means a community green infrastructure project that employs members of a community that benefits from the community green infrastructure project in the development, construction, planting or maintenance of the project.

�� (6) �Green infrastructure improvement zone� means an area designated by the State Forestry Department under ORS 526.520.

�� (7) �Green infrastructure master plan� means a long-term plan developed by a public body or tribal government that involves the creation, protection or enhancement of green infrastructure, including but not limited to:

�� (a) An urban forestry plan;

�� (b) A storm water management plan; and

�� (c) A plan to establish parks or other public green spaces.

�� (8) �Indian tribe� means a federally recognized Indian tribe in Oregon.

�� (9) �Native plant nursery� means an Oregon nursery that specializes in plants native to Oregon.

�� (10) �Native seed bank� means a store of seeds from native plants that helps to:

�� (a) Preserve genetic diversity in those plant species to increase plant yield and health, including disease resistance and drought tolerance;

�� (b) Hold seeds and plants for the restorative health of a community; or

�� (c) Support the replanting of post-fire successional plants.

�� (11) �Oregon nursery� means:

�� (a) A person that holds a license required by ORS 571.055 issued by the State Department of Agriculture; or

�� (b) A nursery operated by an Indian tribe, an entity wholly owned by an Indian tribe or an enrolled member of an Indian tribe and operated on the tribe�s reservation or trust land.

�� (12) �Public body� has the meaning given that term in ORS 174.109. [2023 c.442 �23]

�� Note: See note under 197.468.

�� 197.470 Grant program; support by intergovernmental agreements. (1) The Community Green Infrastructure Grant Program is established as a program administered by the Department of Land Conservation and Development for the purpose of awarding grants for:

�� (a) Offsetting the cost of planning and developing community green infrastructure projects or green infrastructure economic development projects;

�� (b) Developing or supporting native seed banks or native plant nurseries; or

�� (c) Supporting and implementing green infrastructure master plans.

�� (2) The Department of Land Conservation and Development may enter into intergovernmental agreements under ORS chapter 190 with the Oregon Health Authority, the Oregon Business Development Department, the Bureau of Labor and Industries, the State Department of Agriculture, the Oregon Watershed Enhancement Board, the Department of Environmental Quality, the State Parks and Recreation Department or an Indian tribe for the purposes of assistance with:

�� (a) The design and implementation of the Community Green Infrastructure Grant Program;

�� (b) Readiness to acquire and administer federal funding related to green infrastructure projects; or

�� (c) Technical advice or feedback on the grant review process established under this section.

�� (3) The Department of Land Conservation and Development shall enter into an intergovernmental agreement under ORS chapter 190 with the State Forestry Department for the purposes of assistance with:

�� (a) The design and implementation of the Community Green Infrastructure Grant Program;

�� (b) Readiness to acquire and administer federal funding related to green infrastructure projects; and

�� (c) Technical advice or feedback on the grant review process established under this section.

�� (4) The Department of Land Conservation and Development shall enter into an intergovernmental agreement under ORS chapter 190 with the Department of Transportation for the purposes of assistance with:

�� (a) Technical advice regarding state transportation facilities and rights of way as they relate to the design and implementation of the Community Green Infrastructure Grant Program;

�� (b) Readiness to acquire and administer federal funding related to green infrastructure projects; and

�� (c) Technical advice or feedback on the grant review process established under this section.

�� (5)(a) A public body, a local workforce development board as defined in ORS 660.300, a manufactured dwelling park nonprofit cooperative as defined in ORS 62.803, an Indian tribe, a watershed council as defined in ORS 541.890, a nonprofit organization or a faith-based organization may apply for a grant under this section for the purpose of planning or developing a community green infrastructure project or a green infrastructure economic development project.

�� (b) An applicant for a grant for a community green infrastructure project or a green infrastructure economic development project may partner with a state agency, a private business with a business site in this state or an owner of rental property in this state.

�� (c) A grant for an approved application for a community green infrastructure project or a green infrastructure economic development project will be awarded and released only to an applicant described in paragraph (a) of this subsection.

�� (d)(A) An application for a community green infrastructure project or a green infrastructure economic development project must be drafted in consultation with the government of the city or county in which the project will be located and with the electric and water utilities in whose service territory the project will be located.

�� (B) An application must include documentation of the consultations described in this paragraph and demonstrate that feedback received as a result of consultation was incorporated into the application materials. If the application does not incorporate feedback from a consulted party into the application, the applicant must provide an explanation of why the feedback was not incorporated or provide a statement that no feedback was received from that party.

�� (6)(a) An application for a grant under this section shall be in the form and manner prescribed by the Department of Land Conservation and Development.

�� (b) An application for a grant to plan or develop a community green infrastructure project or a green infrastructure economic development project must demonstrate that the project:

�� (A) Is located in this state;

�� (B) Provides social, environmental or economic benefits to an environmental justice community;

�� (C) Except for projects developed by an Indian tribe, has been or will be developed in coordination with an environmental justice community that will benefit from the completion of the project; and

�� (D) Has a plan for the maintenance of the project for at least three years or has requested technical assistance for maintenance planning.

�� (c) An application for a grant for a native seed bank or native plant nursery must demonstrate that the applicant qualifies as a native seed bank or a native plant nursery.

�� (d) An application for a grant for a green infrastructure master plan must demonstrate how the long-term plan of the public body or tribal government involves the creation, protection or enhancement of green infrastructure.

�� (7) Upon receipt of an application submitted under this section, the Department of Land Conservation and Development shall review the application and determine whether the applicant is eligible to receive a grant from the Community Green Infrastructure Grant Program. The department may award grants based on the prioritizations established under subsection (8) of this section. If the department denies a grant application, the department shall provide the reason for the denial in writing.

�� (8) In awarding grants under the Community Green Infrastructure Grant Program, the Department of Land Conservation and Development may give priority to projects:

�� (a) Involving large, low-maintenance, storm- and drought-resistant tree plantings;

�� (b) Involving plantings that include native plants or pollinator-friendly species;

�� (c) Involving tree plantings at or near school campuses, affordable housing, senior housing, manufactured dwelling parks, recreational vehicle parks or public rights of way;

�� (d) That strengthen communities and fight displacement;

�� (e) That develop innovative solutions for using urban woody biomass;

�� (f) That are carried out by a city that has adopted a plan to increase urban tree canopy cover and has entered into a long-term agreement with an Oregon nursery to supply trees needed to carry out the plan; or

�� (g) That utilize a community�s cultural practices to educate, and conserve and manage resources for, future generations.

�� (9) To the maximum extent possible, community green infrastructure projects and green infrastructure economic development projects shall:

�� (a) Minimize the vehicle miles traveled associated with all plant and tree stocks utilized in the project;

�� (b) Include partnerships with green communities nurseries or nurseries defined in ORS

ORS 274.412

274.412. [1995 c.471 �6; 2025 c.164 �3]

�� 274.410 [Renumbered 274.525]

�� 274.412 Judicial review of declaration of state�s claim. Any person who is aggrieved by a declaration of the State Land Board made pursuant to ORS 274.406 may seek judicial review of the declaration in the manner provided in ORS chapter 183 for judicial review of final orders in other than contested cases. For purposes of ORS 183.484 (2), the date three days after the date of mailing of notice under ORS 274.408 (2) shall be considered the date the order is served on the owner. [1995 c.471 �7]

�� 274.420 [Amended by 1967 c.421 �100; renumbered 274.025]

�� 274.425 Definition for ORS 274.430 to 274.520. As used in ORS 274.430 to 274.520, �meandered lake� means a lake wholly or partly within this state that has been meandered by the United States surveys. [1967 c.421 �131]

�� 274.430 State ownership of meandered lakes; status as navigable and public waters. (1) All meandered lakes are declared to be navigable and public waters. The waters thereof are declared to be of public character. The title to the submersible and submerged lands of such meandered lakes, which are not included in the valid terms of a grant or conveyance from the State of Oregon, is vested in the State of Oregon.

�� (2) ORS 274.430 to 274.450 shall not apply to any nonnavigable lakes lying within the boundaries of any duly organized and incorporated drainage district which was in existence on January 1, 1921.

�� (3) Nothing in this section impairs the title of any upland or riparian owner to or any vested rights in land which was added prior to May 25, 1921, by natural accretion or reliction to the lands of such upland owner. [Amended by 1967 c.421 �132]

�� 274.440 Acquisition of future rights to meandered lakes denied; extension of riparian ownership; lands overflowed by high water. (1) There are no vested rights in or to any future accretion or reliction to the lands of any upland or riparian owner on any meandered lake. No person shall acquire any right, title or interest in or to the submerged or submersible lands of any such lakes, or any part thereof, by reliction, accretion or otherwise, or by reason of the lowering or drainage of the waters of such lakes, except as provided by statute.

�� (2) Upon drainage of meandered lakes, the title of owners of land riparian to such lakes drained under any law shall extend to so much of the submersible and submerged lands reclaimed by such drainage as is required to fill out the least fractional subdivision or subdivisions of any section owned by such riparian owners and which is rendered fractional by the meander line of such lake; and the title of such owners shall be so limited when the receding lake waters, because of such drainage, uncover the submersible and submerged lands. Where by reason of natural accretion or reliction such fractional subdivision or subdivisions of such upland owners were filled out thereby prior to May 25, 1921, such upland owners shall hold to the line of such lands as extended by the natural accretion or reliction.

�� (3) Submersible and submerged lands covered at ordinary high water at ordinarily recurring seasons by the waters of meandered lakes, or from which the waters of any such lakes have not at ordinarily high water permanently receded, are not considered to be accreted or relicted lands, but the same and all accretions and relictions occurring or formed over any of the lands of the State of Oregon, as provided by ORS 274.430, are the property of the State of Oregon, and may be by it leased, sold or managed in the manner provided by law. [Amended by 1967 c.421 �133]

�� 274.450 Acquisition of riparian rights by department. The Department of State Lands may acquire by purchase, gift, condemnation or otherwise, any riparian rights which may, by any court of competent jurisdiction, be held to be owned by or vested in any upland or riparian owner on any meandered lakes, and may institute such suits or actions as may be necessary in such condemnation proceedings. [Amended by 1967 c.421 �134]

�� 274.460 Settler�s and riparian owner�s preferential right to purchase land within meander lines. All persons qualified to become entrymen and to secure land patents under the homestead laws of the United States and who prior to January 1, 1921, in good faith settled upon lands within the meander lines of lakes returned as navigable by the United States surveys and who, on January 1, 1921, by reason of settlement, cultivation and improvements on any such lands would be entitled to patent from the United States if such lands were open or subject to homestead entry are given a preference right to purchase from the State of Oregon such lands so settled upon by them, not exceeding 160 acres for any one person, upon such terms and at such prices and within such times as shall be fixed by the Department of State Lands. However, owners of the upland bordering upon such ordinary high water mark have a preference right to purchase, at the best price bid, state lands described in ORS 274.430 and riparian to their lands, and not exceeding 160 acres, in addition to the lands granted them by ORS 274.430 and 274.440. [Amended by 1967 c.421 �135]

�� 274.470 Settler�s right to deed to land within meander lines; preferential right to additional land; tacking by successive settlers. (1) Any person who in good faith settled upon lands within the meander lines of any meandered lake and who, on January 1, 1921, actually resided thereon, who maintained residence thereon for at least five years immediately prior to such date, and who complied with the requirements of settlement, residence, cultivation and improvement, specified for homestead entrymen under the homestead laws of the United States, and which would be sufficient to acquire title by patent if such lands were subject to homestead entry by qualified entrymen, upon proof of such facts to the satisfaction of the Department of State Lands:

�� (a) Is entitled to a deed from the state, conveying and granting such lands not exceeding 160 acres without cost; and

�� (b) Has a preferential right to purchase from the State of Oregon 160 acres of additional lands, chiefly valuable for agricultural purposes.

�� (2) Any person who did not reside on any lands described in subsection (1) of this section for five years immediately prior to January 1, 1921, but who purchased the improvement or possessory rights or claims of a prior occupant, and whose residence and possession when tacked to that of such prior occupant extended for a period of not less than five years immediately prior to such date, shall have a preferential right to purchase such lands, not exceeding 160 acres, the price of which shall be fixed without reference to the value of the improvements thereon. [Amended by 1967 c.421 �136]

�� 274.480 Rights of riparian owners on Malheur and Mud Lakes. The owners of lands riparian to Malheur and Mud Lakes, in Harney County, Oregon, shall be granted title to so much of the lands within the meander lines of such lakes as is required to fill out the least fractional subdivision or subdivisions of any section owned by such upland owners, and which is rendered fractional by the meander line of such lakes, in addition to the rights recognized by ORS 274.430 to 274.460 to any natural accretion or reliction added to the lands of such upland owners prior to May 24, 1923. Owners of any upland bordering upon such meander lines shall have a preferential right to purchase, in addition, 160 acres of such state lands, chiefly valuable for agricultural purposes. [Amended by 1967 c.421 �137]

�� 274.490 Settlement of conflicting preferential rights. Settlers within the meander line of any meandered lake have the first preferential right, and the Department of State Lands shall, so far as practicable, work out the various preferential rights by securing to each, all the lands which would be most advantageously used by such several persons. In case of conflict, the department shall give the parties a reasonable time in which to agree, and if they cannot agree, the department shall decide the matter and make conveyances as it considers equitable, and its decision in the matter shall be final. The department shall fix the time within which such preferential rights shall be exercised. [Amended by 1967 c.421 �138]

�� 274.500 Conveyance of compact area; prices; maximum acreage. (1) All of the lands referred to in ORS 274.470 and 274.480 granted or conveyed by the state, shall be granted and conveyed in a reasonably compact area, to be determined by the Department of State Lands.

�� (2) All sales of such state lands shall be at prices fixed by the department, and no more than 320 acres shall be sold or conveyed to any one person. [Amended by 1967 c.421 �139]

�� 274.510 Lake bed lands claimed by the United States. (1) If the federal government claims title or interest in any lands referred to in ORS 274.470 or 274.480 the same shall not be conveyed or otherwise disposed of, or preferential right therein accrue until such claim is settled. The Department of State Lands may enter into such agreements with the federal government affecting such lands as it deems best in the interest of the public, and make such deeds and conveyances to the United States in consideration of the issuance of such patents by the United States to the State of Oregon of such lands within the meander lines of any such lakes as the department and the federal government agree.

�� (2) Nothing in this section is a recognition of any title or interest in the United States within the meander lines of any meandered lake to any lands or waters of any such lake prior to the execution and delivery of a deed or conveyance from the State of Oregon as provided for in this section.

�� (3) In carrying out such agreements the department may utilize the proceeds from the sale of such lands in which title or interest is claimed by the federal government. This section does not authorize the department or any other state agency to enter into any agreement which will divest any person of any water rights acquired under the laws of this state or otherwise. [Amended by 1967 c.421 �140]

�� 274.520 Acceptance of deed to lake bed lands as precluding any other claim. Any person who elects to take any deed from the State of Oregon under ORS 274.430 to 274.520 to any lands within the meander lines of a lake takes the same in lieu of any claim to any other lands within the meander line of such lake in which such deeded lands lie, and shall not thereafter maintain in any court any claim to any lands inside the meander line of such lake other than to the lands conveyed to such person by deed from the state under ORS 274.430 to 274.520 or which such person acquires in good faith from a grantee or purchaser from the State of Oregon under such statutes. [Amended by 1967 c.421 �141]

�� 274.523 [1967 c.421 �143; repealed by 1969 c.594 �63]

(Removing Materials)

�� 274.525 City use of stream bed material. (1) Any city of the State of Oregon bordering on a navigable stream may dredge out and use material from submersible and submerged lands of the stream, owned by the State of Oregon and in front of such city, for the purpose of filling in or reclaiming the submersible lands within such city, under the rules of the Department of State Lands. The consent of the appropriate agency of the United States Government shall be first obtained by such city.

�� (2) Any contractor who has entered into a contract with any such city to fill in or reclaim any of its submersible lands may dredge and use such material in the same manner as may be done by such city. [Formerly 274.410; 1967 c.421 �145; 1969 c.594 �43]

�� 274.530 Lease or license of stream beds for removal of material; rules for measurement of volume removed. (1) The Department of State Lands may, after notice of competitive bidding, and following such competitive bidding, lease or license submersible and submerged lands of navigable streams owned by the State of Oregon for the purpose of removing material therefrom. Competitive bid requirements may be waived for leases of less than one year�s duration. No lease shall be made for a lump sum but only on a basis of the price per cubic yard or ton for the material removed.

�� (2) The department may prescribe by rule the manner in which the volume in cubic yards or the weight in tons for the material removed shall be determined.

�� (3) Notwithstanding subsections (1) and (2) of this section, the department may enter into a license for the removal of material from submersible and submerged lands of navigable streams owned by the State of Oregon based on a competitive market rate that reflects fair market value.

�� (4) The department shall, prior to any competitive bidding notice, establish prebid qualifications that include but are not limited to the following:

�� (a) The minimum yardage amount of material that must be removed for each year for which the lease is valid.

�� (b) Evidence that all bidders have an established market, as provided by each bidder. [Amended by 1961 c.509 �2; 1961 c.676 �3; 1967 c.421 �144; 1967 c.567 ��15, 15a; 1971 c.509 �1; 1995 c.113 �1]

�� 274.540 [Amended by 1953 c.181 �2; 1961 c.509 �3; 1961 c.676 �4; 1967 c.421 �45; renumbered 273.225]

�� 274.550 Removal of material without payment of royalties; eligible material and uses. (1) A person may remove material from submersible and submerged lands owned by the State of Oregon without payment of royalties to the Department of State Lands if the material is:

�� (a) Removed for channel or harbor improvement or flood control;

�� (b) Used for filling, diking or reclaiming land owned by the state or any political subdivision as defined in ORS 271.005 and located not more than two miles from the bank of the stream;

�� (c) Used for the creation, maintenance or enhancement of fish or wildlife habitat;

�� (d) Used for the maintenance of public beaches; or

�� (e) Contaminated with hazardous material, as defined in ORS 466.605, provided that the person gives the department written notice of the removal at least 30 days prior to disposal.

�� (2) A person does not have to pay royalties to the state for the following uses of material, if the person provides at least 30 days� written notice to the department of the intended use:

�� (a) The filling of any property up to an elevation of one foot above the line of ordinary high water of a waterway by a state agency or political subdivision, as defined in ORS 271.005.

�� (b) The material is used solely for a public purpose by a political subdivision, as defined in ORS 271.005.

�� (3) A person may not remove any material from the place it was first deposited or use the material as an article of commerce without providing, prior to the removal of the material, written notification to the department and payment of any royalties for the material as determined by the department.

�� (4) In addition to the purposes enumerated in subsection (1) of this section, any person may take material for the exclusive use of the person to the extent of not more than 50 cubic yards or the equivalent weight in tons in any one year. However, before taking the material, the person shall first notify the department.

�� (5) Upon the removal of material from submersible or submerged lands not exempt from the payment of royalties, royalties in an amount established by the department must be paid to the department.

�� (6) For purposes of this section:

�� (a) �Article of commerce� means any material, other than material used for upland disposal or contaminated material put to beneficial use, that is bought, sold or exchanged in any manner for goods or services and that otherwise would have to be acquired from alternative sources.

�� (b) �Reclaiming land� means raising the elevation of a portion of land within a 100-year floodplain to not more than one foot of elevation higher than the highest elevation of the 100-year floodplain, or protecting land otherwise in the 100-year floodplain by the construction of dikes or other flood control improvements. [Amended by 1961 c.149 �1; 1961 c.676 �5; 1967 c.421 �146; 1969 c.594 �44; 1971 c.509 �3; 1981 c.787 �53; 2003 c.465 �1]

�� 274.560 Lease terms; bond or security; prohibited lease or purchase option; monthly reports and payments; rules. (1) The Department of State Lands may enter into contract of lease for purposes of ORS 274.525 to 274.590 with such stipulations protecting the interest of the state as the department may require, and may require a bond with a surety company authorized to transact a surety business in this state, as surety, or other form of security, to be given by the lessee for performance of such stipulations, and providing for forfeiture for nonpayment or failure to operate under the contract. No contract shall be entered into giving any person an option of leasing or purchasing the property of the State of Oregon. The lessee in all such contracts shall report monthly to the department the amount of material taken under the contract and pay to the department the amount of royalty thereon provided in the contract.

�� (2) The department shall adopt rules to establish criteria to determine when security is required. [Amended by 1965 c.375 �1; 1967 c.421 �147; 1969 c.594 �45; 1991 c.264 �1]

�� 274.570 [Amended by 1967 c.421 �106; renumbered 274.035]

�� 274.580 [Amended by 1961 c.509 �4; 1967 c.421 �46; renumbered 273.231]

�� 274.590 Cooperation with Washington authorities respecting removal of material from bed of Columbia River. The Department of State Lands shall cooperate with the proper authorities of the State of Washington in contracting for, receiving and collecting royalties or other revenues for the taking of material from the submersible and submerged lands of the Columbia River and enter into such agreements as may be advisable or necessary with such officers of the State of Washington for the division of such royalties. [Amended by 1967 c.421 �148]

�� 274.600 [Amended by 1967 c.33 �1; 1967 c.421 �47; 1967 c.567 �16; renumbered 273.235]

�� 274.605 [Amended by 1967 c.421 �48; renumbered 273.241]

EXPLORATION FOR MINERALS

�� 274.610 Prohibited contracts for exploration for hard minerals; scientific research. (1) The Department of State Lands shall not enter into contracts for governmental or private development or exploration for hard minerals on state-owned submersible and submerged lands within the territorial sea and navigable bays that are subject to the jurisdiction of the department.

�� (2) Nothing in this section shall be considered to prohibit scientific research conducted by or on behalf of an academic institution or a government agency.

�� (3) As used in subsection (1) of this section, �hard minerals� includes but is not limited to natural deposits or mineral sources of gold, silver, copper, lead, iron, manganese, silica, chrome, platinum, tungsten and zirconium. �Hard minerals� does not include oil, gas or sulfur deposits subject to ORS 274.705 to 274.860.

�� (4) As used in this section:

�� (a) �Exploration� means any activity the principal purpose of which is to define, characterize or evaluate hard mineral deposits for possible commercial development or production.

�� (b) �Scientific research� means any activity the principal purpose of which is to improve scientific or technical understanding of earth, ocean or atmospheric processes, hazards and resources and for which the data generated are nonproprietary or public. [1991 c.217 �1]

�� Note: 274.610 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 274 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 274.611 [1967 c.421 �150; 1987 c.300 �1; repealed by 1991 c.217 �6]

�� 274.615 [1961 c.703 ��1,13; 1967 c.421 �151; 1987 c.300 �2; repealed by 1991 c.217 �6]

�� 274.620 [1961 c.703 �2; 1965 c.375 �2; 1967 c.421 �152; 1969 c.594 �46; 1987 c.300 �3; repealed by 1991 c.217 �6]

�� 274.625 [1961 c.703 �3; 1967 c.421 �153; 1987 c.300 �4; repealed by 1991 c.217 �6]

�� 274.630 [1961 c.703 �4; 1967 c.421 �154; 1987 c.300 �5; repealed by 1991 c.217 �6]

�� 274.635 [1961 c.703 ��5,8 and 12; 1967 c.421 �155; 1987 c.300 �6; repealed by 1991 c.217 �6]

�� 274.640 [1961 c.703 ��7,10; 1967 c.421 �156; 1987 c.300 �8; repealed by 1991 c.217 �6]

�� 274.645 [1961 c.703 �11; 1967 c.421 �157; repealed by 1987 c.300 �10]

�� 274.650 [1961 c.703 �6; repealed by 1967 c.421 �206]

TIDAL SUBMERGED AND SUBMERSIBLE LANDS

(General Provisions)

�� 274.705 Definitions for ORS 274.705 to 274.860. As used in ORS 274.705 to 274.860, unless the context requires otherwise:

�� (1) �Development� includes geophysical activity, drilling, platform construction, pipeline construction, operation of onshore support facilities and any other activities undertaken following the discovery of oil, gas or sulfur, the principal purpose of which is to prepare for the ultimate production of the oil, gas or sulfur.

�� (2) �Exploration� means any activity the principal purpose of which is to define, characterize or evaluate oil, gas or sulfur resources for possible commercial development or production.

�� (3) �Filled lands� includes submerged and submersible lands reclaimed artificially through raising such lands above the highest probable elevation of the tides to form dry land, by placement of a fill or deposit of earth, rock, sand or other solid imperishable material.

�� (4) �Gas� means all natural gas and all other fluid hydrocarbons not defined as oil in subsection (6) of this section, including condensate originally in the gaseous phase in the reservoir.

�� (5) �Lease� means an oil, gas and sulfur lease issued pursuant to ORS 274.705 to 274.860.

�� (6) �Oil� means crude petroleum oil and all other hydrocarbons, regardless of gravity, which are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

�� (7) �Person,� in addition to the meanings defined by ORS 174.100, includes quasi-public corporations, political subdivisions and governmental agencies and instrumentalities.

�� (8) �Production� means any activity the principal purpose of which is to engage in, monitor or conduct operations or maintenance related to the active extraction and transportation of oil, gas or sulfur from tidal submerged lands.

�� (9) �Structure� means any construction works, including but not limited to derricks, pipelines, lines for the transmission and distribution of electricity, telephone lines, wharves, piers, slips, warehouses and units designed to act as groins, jetties, seawalls, breakwaters or bulkheads.

�� (10) �Territorial sea� has the meaning given that term in ORS 196.405.

�� (11) �Tidal submerged lands� means lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of this state as heretofore or hereafter established. [1961 c.619 �1; 1967 c.421 �158; 2019 c.14 �2]

�� 274.710 Jurisdiction of department over tidal submerged lands; easements; leases for oil, gas and sulfur. (1) The Department of State Lands has exclusive jurisdiction over all ungranted tidal submerged lands owned by this state, whether within or beyond the boundaries of this state, heretofore or hereafter acquired by this state:

�� (a) By quitclaim, cession, grant, contract or otherwise from the United States or any agent thereof; or

�� (b) By any other means.

�� (2) All jurisdiction and authority remaining in the state over tidal submerged lands as to which grants have been or may be made is vested in the department.

�� (3) Notwithstanding ORS 273.551, the department shall administer and control all tidal submerged lands described in subsections (1) and (2) of this section under its jurisdiction, and may lease such lands and submersible lands and dispose of oil, gas and sulfur under such lands and submersible lands in the manner prescribed by ORS 274.705 to 274.860. However, submerged and submersible lands lying more than 10 miles easterly of the 124th West Meridian shall be subject to leasing for oil, gas and sulfur under ORS 273.551, rather than under ORS 274.705 to 274.860.

�� (4) Notwithstanding any other provision of ORS 274.705 to 274.860, the department may not permit any interference other than temporary interference with the surface of the ocean shore, as defined in ORS 390.615. The department may, however:

�� (a) Grant easements underlying that part of the surface of the ocean shore owned by the state at such times and at such places as the department finds necessary to permit the extraction and transportation of oil, gas or sulfur from state, federal or private lands; and

�� (b) Issue oil and gas leases underlying the ocean shore under the same terms and conditions as provided in ORS 274.705 to 274.860. [1961 c.619 �2; 1967 c.421 �159; 2005 c.22 �197]

�� 274.712 Limitations on leasing submerged and submersible lands within territorial sea. (1) Notwithstanding any other provision of ORS 274.705 to 274.860 or 520.240, the Department of State Lands is prohibited from leasing any of the submerged and submersible lands within the territorial sea for:

�� (a) The exploration, development or production of oil, gas or sulfur in the territorial sea; or

�� (b) Activities in furtherance of the exploration, development or production of oil, gas or sulfur within federal waters adjacent to the territorial sea.

�� (2) The provisions of subsection (1) of this section do not apply:

�� (a) To exploration for scientific or academic research purposes, or geologic survey activities of the State Department of Geology and Mineral Industries.

�� (b) In the event the Governor determines that an oil embargo substantially affects the supply of oil to the United States.

�� (3) Any exploration for oil, gas or sulfur in the territorial sea allowed under ORS

ORS 274.860

274.860, the department shall cause written notice describing the area under consideration and other pertinent information to be transmitted to:

�� (a) State Geologist;

�� (b) Director of Transportation;

�� (c) Director of the Department of Environmental Quality;

�� (d) State Fish and Wildlife Director;

�� (e) The applicant, if any, requesting the lease;

�� (f) Prospective applicants or bidders, by publication thereof in two or more publications of general circulation in the oil and gas industry; and

�� (g) The public, by publication thereof once each week for not less than four weeks in a newspaper of general circulation throughout the State of Oregon, and in addition in a newspaper of general circulation in the county in which the lands lie or the county or counties contiguous to the area under consideration for bidding.

�� (3) The notice shall set forth the place of hearing and shall set its time at not earlier than the 20th day after date of the last newspaper publication.

�� (4) Notwithstanding ORS 183.635, hearings under this section may be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 or may be conducted by a hearing officer designated by the State Land Board. An officer or employee of each interested state agency, board or commission named in subsection (2) of this section may question any witnesses appearing in the hearing, and any interested person may offer evidence and otherwise be heard. [1961 c.619 �6; 1965 c.375 �3; 1967 c.421 �166; 1969 c.593 �34; 1993 c.741 �25; 1999 c.849 ��57,58; 2001 c.104 ��83,84; 2003 c.75 �31]

�� 274.760 Considerations involved in granting lease or easement. After the public hearing the Department of State Lands shall determine whether the granting of an easement or an invitation for bidding to lease the area under consideration would be in the public interest. In such determination the department shall consider whether an easement or a lease or leases of the area under consideration would:

�� (1) Be detrimental to the health, safety, or welfare of persons residing in, owning real property, or working in the neighborhood of such areas;

�� (2) Interfere with the residential or recreation areas to an extent that would render such areas unfit for recreational or residential uses or unfit for park purposes;

�� (3) Destroy, impair or interfere with the aesthetic and scenic values of the Oregon coast, or other affected area;

�� (4) Create any air, water or other pollution;

�� (5) Substantially endanger marine life or wildlife;

�� (6) Substantially interfere with commerce or navigation; and

�� (7) Protect state lands from drainage of oil and gas. [1961 c.619 �7]

�� 274.765 Publishing offer to lease tidal submerged lands; bids; cash bonus; award of lease; fee. (1) The Department of State Lands may offer to lease lands subject to ORS 274.705 to 274.860 by publication of a notice of its intention to do so, once each week for not less than two weeks in two or more newspapers of general circulation in this state, one of which is published or has general circulation in the county in which the lands lie or county or counties contiguous thereto. The notice shall describe the lands so offered, and shall specify the rate of royalty, including the royalty for sulfur, and the rental, the manner in which bids may be filed with the department, the amount of the deposit that must accompany each bid, and the time and place for filing bids, which time shall not be earlier than the 30th day after the date of last publication of such notice. Further, the notice shall state that the lease will be awarded to the bidder offering the highest cash bonus, and that the form of lease, conditions for bidding and bid form may be obtained from the department upon request.

�� (2) Each bid shall be enclosed in a sealed envelope, shall be on the form provided by the department and shall be accompanied by duplicate lease forms executed by the bidder, and by a certified or cashier�s check or checks payable to the State of Oregon in the amount fixed by the department, which sum shall be deposited as evidence of good faith and except in the case of the successful bidder shall be returned to the bidder. If the successful bidder fails to pay the balance of the cash bonus bid and the annual rental for the first year not later than the 15th day after the award of the lease, or fails to post any bond required by the lease or the rules in effect at the date of the invitation for bids within the time prescribed, the amount of the deposit shall be forfeited to the state.

�� (3) At the time and place specified in the notice the department shall publicly open the sealed bids and shall award the lease for each parcel to the bidder who, in addition to complying with all of the conditions for bidding, offers the highest cash bonus. The department may, however, reject any or all bids for cause.

�� (4) Following the award of the lease, the payment by the successful bidder of the balance of the cash bonus, the annual rental for the first year, and the fee specified in this section, and the posting of any required bonds, the department shall execute the lease in duplicate on behalf of the state and transmit one counterpart thereof to the lessee. The lease shall become effective as of the date of such execution.

�� (5) The department shall prescribe a reasonable fee to cover the procedures under this section, which shall be paid by the successful bidder. [1961 c.619 �27; 1967 c.421 �167]

�� 274.770 Prohibited drilling requirements. In leasing lands subject to ORS 274.705 to 274.860, the Department of State Lands may not discriminate between bidders by requiring drilling from:

�� (1) Upland or littoral drill sites;

�� (2) Sites on filled land, whether contiguous or noncontiguous to the littoral lands or uplands; or

�� (3) Any pier, platform or other fixed or floating structure in, on or over lands subject to ORS 274.705 to 274.860, with respect to which this state or any other owner thereof has consented to use. [1961 c.619 �30; 1967 c.421 �168]

(Leases)

�� 274.780 Conditions in leases and permits; execution; delivery of bonds or contracts to department. (1) The form of lease shall contain, in addition to other provisions deemed necessary and desirable by the Department of State Lands, after consultation with the State Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions, the provisions of ORS 274.780 to 274.860.

�� (2) The form of a permit shall contain, in addition to other provisions deemed necessary and desirable by the Department of State Lands, after consultation with the State Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions, the provisions of ORS 274.785 (3).

�� (3) All leases and other instruments required in carrying out ORS 274.705 to 274.860 shall be executed by the Department of State Lands. All bonds, contracts and other instruments required by ORS 274.705 to 274.860 for the protection of the interests of this state and political subdivisions, persons and property therein shall be executed and delivered to the department. [1961 c.619 ��9,28; 2003 c.253 �23]

�� 274.785 Exclusive rights granted by lease; requirement of diligence; maximum area; assignment. (1) The lease shall grant the exclusive right to drill for and produce all oil, gas and sulfur deposits in the leased land and be for a primary term of 10 years and for so long thereafter as oil, gas or sulfur is produced in paying quantities from the leased land, or lessee is diligently conducting producing, drilling, deepening, repairing, redrilling or other necessary lease or well maintenance operations on the leased land or is excused from conducting such operations under the terms of the lease.

�� (2) The maximum area which shall be included in any single lease to any person shall be 13,200 acres.

�� (3) No permit, easement or lease, or any portions thereof shall be assignable without the prior written consent of the Department of State Lands. [1961 c.619 ��8,10,22; 1963 c.359 �1]

�� 274.790 Royalties. (1) The Department of State Lands shall specify in the notice described by ORS 274.765 and in the lease the rate of royalty paid under such lease which royalty shall not be less than 12-1/2 percent of gross production, or the value thereof, produced and saved from the leased lands and not used by lessee for operations thereon or for injection therein. Such royalty shall, at the department�s option, be paid in kind or in value, and be computed after an allowance for the actual cost of oil treatment or dehydration of not to exceed five cents per barrel of royalty oil so treated or dehydrated.

�� (2) The royalty for sulfur produced under ORS 274.705 to 274.860 shall not be less than $1 per long ton.

�� (3) The State of Oregon shall have a lien upon all production for unpaid royalties. [1961 c.619 ��11,12; 1967 c.421 �169]

�� 274.795 Rents. The Department of State Lands shall specify a rental payable annually in advance of not less than 50 cents for each acre of land subject to the lease at the rental date. After production has been established, rent paid shall be deducted from any royalty due under the terms of a lease during the year for which such rent has been paid. [1961 c.619 �13]

�� 274.800 Bonds. Sufficient bonding requirements, as determined by the Department of Geology and Mineral Industries, shall be specified to secure to the State of Oregon performance and the faithful compliance by the lessee with the terms of the lease, and further to secure adjacent landowners and the public generally as to all proper claims for damages arising from operations thereunder. [1961 c.619 �14]

�� 274.805 Drill sites. Unless otherwise determined by the Department of State Lands, each well drilled pursuant to the terms of the lease may be drilled or slant drilled to and into the subsurface of the lands covered by the lease from upland or littoral drill sites owned or controlled by the state or owned by or available to the lessee, or from drill sites located upon any filled lands heretofore or hereafter filled, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier heretofore or hereafter constructed owned by or available to the lessee and available for such purpose, or from platforms or other fixed or floating structures in, on or over the lands covered by the lease or otherwise available to the lessee. [1961 c.619 �16; 1967 c.421 �170]

�� 274.810 Commencement of drilling; operational requirements. Subject to the lessee�s right to surrender, the lessee shall commence operations for the drilling of a well within five years from date of the lease and commence production within three years of discovery of oil, gas or sulfur in paying quantities, unless the Department of State Lands shall have, for cause, granted an extension of time for such act. In addition, the lease shall have such exploratory, drilling and producing requirements as the Department of State Lands in consultation with the Department of Geology and Mineral Industries deems necessary to encourage the exercise of due diligence on the part of lessee. [1961 c.619 �20]

�� 274.815 Extension of time when wells to be drilled from filled land or structure. If the lessee, as disclosed by information submitted with the bid of the lessee, proposes to drill one or more wells from filled land, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier or from platforms or other fixed or floating structures to be constructed for such purpose, and if permission from any federal or state agency is legally required in order to construct any such filled lands or structures, the lessee shall be allowed a reasonable time following the execution of the lease within which to secure the necessary permission from such federal and state agencies as shall be legally required, and, upon the securing of such permission, a further reasonable time, determined with regard to the nature of the filled lands or structure or structures to be constructed within which to commence operations for the drilling of such well or wells, and if necessary, the drilling term provided for in ORS 274.810 shall be extended by the Department of State Lands to the date to which the time to commence operations for the drilling of such well or wells has been extended. [1961 c.619 �19]

�� 274.820 Water contamination or pollution. (1) Avoidable pollution or avoidable contamination of the ocean and of the waters covering lands subject to ORS 274.705 to 274.860, avoidable pollution or avoidable contamination of the beaches or land underlying the ocean or waters covering lands subject to ORS 274.705 to 274.860, or any substantial impairment of and interference with the enjoyment and use thereof, including but not limited to bathing, boating, fishing, fish and wildlife production, and navigation, shall be prohibited, and the lessee shall exercise a high degree of care to provide that no oil, tar, residuary product of oil or any refuse of any kind from any well or works shall be permitted to be deposited on or pass into the waters of the ocean, any bay or inlet thereof, or any other waters covering lands subject to ORS 274.705 to 274.860. However, this section does not apply to the deposit on or passage into such waters of water not containing any hydrocarbons or vegetable or animal matter.

�� (2) For the purposes of this section, �avoidable pollution� or �avoidable contamination� means pollution or contamination arising from:

�� (a) The acts or omissions of the lessee or its officers, employees or agents; or

�� (b) Events that could have been prevented by the lessee or its officers, employees or agents through the exercise of a high degree of care. [1961 c.619 �18; 1967 c.421 �171]

�� 274.825 Nonconflicting use of leased lands. The State of Oregon reserves the right to permit reasonable nonconflicting uses, including seismic surveys but excluding core hole drilling, on lands under lease as long as:

�� (1) Such uses do not unreasonably impair or interfere with operations of the lessee; and

�� (2) Requirement is made that the permittee indemnify the lessee against any damage caused by such use. [1961 c.619 �21; 1999 c.59 �71]

�� 274.830 Protecting lands from drainage. The lessee shall at all times proceed with due diligence to protect the leasehold from drainage by wells on lands not owned by the state. [1961 c.619 �23]

�� 274.835 Conformance to laws and regulations; periodic negotiations. It shall be a continuing condition of such lease that the lessee shall conform to all applicable laws of the State of Oregon and all duly promulgated rules and regulations pursuant thereto in effect at the date of the invitation for bids in pursuance of which the lease was awarded. Periodic mutual negotiations between lessee and lessor may be carried out to make conditions, rules and regulations current as warranted by changes in environment or operational methods. [1961 c.619 �26]

�� 274.840 Continuation of lease after cessation of production. In the event production on the leasehold shall cease at any time or from time to time, before or after the expiration of the primary term of the lease, the lease shall nevertheless continue in full force and effect if the lessee shall, within six months after the cessation of production or within such longer period of time as the Department of State Lands may authorize, commence and thereafter prosecute with reasonable diligence drilling, deepening, repairing, redrilling or other operations for the restoration of production of oil, gas or sulfur from the leased lands. [1961 c.619 �15]

�� 274.845 Surrender of lease. The lessee may at any time file with the Department of State Lands a written surrender of all rights under the lease or any portion thereof or any separate or distinct zone or geological horizon or any portion thereof. Such surrender shall be effective as of the date of its filing subject to the continuing obligation of the lessee to pay all rentals and royalties theretofore accrued and to place all wells on the lands or in the zones or horizons surrendered in condition for suspension or abandonment in accordance with the applicable lease terms, regulations and law. Thereupon the lessee shall be released from all obligations under such lease with respect to the lands, zones or horizons surrendered, but no such surrender shall release such lessee from any liability for breach of any monetary obligation of the lease with respect to which such lessee is in default at the time of the filing of such surrender. [1961 c.619 �24]

�� 274.850 Cancellation of lease; partial retention of leasehold; removal of equipment. The Department of State Lands shall reserve and may exercise the authority to cancel any lease upon which oil, gas or sulfur has not been discovered in paying quantities, upon failure of the lessee after 30 days� written notice and demand for performance to exercise due diligence and care in the prosecution of the prospecting or development work in accordance with the terms of the lease. After discovery of oil, gas or sulfur in paying quantities on lands subject to any lease, such lease may be forfeited and canceled only by appropriate judicial proceedings upon failure of the lessee after 90 days� written notice and demand for performance to comply with any of the provisions of the lease or of laws or regulations applicable thereto and in force at the date of the invitation for bids in pursuance of which the lease was awarded; provided, however, that in the event of any such cancellation, the lessee shall have the right to retain under such lease any and all drilling or producing wells as to which no default exists, together with a parcel of land surrounding each such well and such rights of way through the leased lands as may be reasonably necessary to enable such lessee to drill and operate such retained well or wells. In the event of the cancellation of any lease, the lessee shall have a reasonable time within which to remove all property, equipment and facilities owned or used by the lessee in connection with operations under the lease. [1961 c.619 �25]

�� 274.855 Restoration of leasehold to original condition. Upon any partial or total termination, surrender or forfeiture of its permit or lease, the Department of State Lands may require that the permittee or lessee, within a reasonable time, restore that portion of the premises that is visible at extreme low tide to substantially its original condition. [1961 c.619 �17]

�� 274.860 Protection and location of filled lands. Under a lease entered into by the Department of State Lands pursuant to ORS 274.705 to 274.860, the fill constituting filled lands may be retained in place or protected by bulkheads, seawalls, revetments or similar enclosures and may be placed at any location approved by the Department of State Lands, in consultation with the Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions. [1961 c.619 �31]

�� 274.865 [1961 c.619 �29; repealed by 1967 c.421 �206]

�� 274.867 [2007 c.591 �3; 2013 c.345 �1; 2015 c.386 �6; renumbered 274.879 in 2015]

(Ocean Renewable Energy Facility Siting)

�� 274.870 Definitions for ORS 274.870 to 274.879. As used in ORS 274.870 to 274.879:

�� (1) �Commercial operation� means a project undertaken to generate ocean renewable energy for a purposes other than research, demonstration or personal use and that has financial profit as a goal.

�� (2) �Ocean renewable energy� means electricity that is generated through:

�� (a) The conversion of energy contained in the natural properties of the ocean, including but not limited to energy contained in waves and swells, the tides and currents, ocean temperature and salinity gradients; and

�� (b) Ocean offshore wind power.

�� (3) �Ocean renewable energy facility� means any energy conversion technology or device that is used as a necessary component of a research project, demonstration project or commercial operation to generate ocean renewable energy, including but not limited to all buoys, anchors, energy collectors, cables, control and transmission lines, and other equipment necessary or useful to the project or operation.

�� (4) �Person� means a person as defined in ORS 174.100, a public body as defined in ORS

ORS 274.873

274.873. [2015 c.386 �17]

�� Note: 543.013 was added to and made a part of ORS chapter 543 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 543.014 [2007 c.212 �2; 2009 c.405 ��1,2; repealed by 2015 c.386 �15]

�� 543.015 Policy. The Legislative Assembly declares that it is the policy of the State of Oregon:

�� (1) To protect the natural resources of this state from possible adverse impacts caused by the use of the waters of this state for the development of hydroelectric power.

�� (2) To permit siting of hydroelectric projects subject to strict standards established to protect the natural resources of Oregon.

�� (3) To require the Water Resources Commission, the Energy Facility Siting Council, the Department of Environmental Quality and other affected state agencies to participate to the fullest extent in any local, state or federal proceedings related to hydroelectric power development in order to protect the natural resources of Oregon. [1985 c.569 �2]

�� 543.017 Minimum standards for development of hydroelectric power; public interest considerations; rules. (1) In order to carry out the policy set forth in ORS 543.015, the following minimum standards shall apply to any action of the Water Resources Commission relating to the development of hydroelectric power in Oregon:

�� (a) The anadromous salmon and steelhead resources of Oregon shall be preserved. The commission shall not approve activity that may result in mortality or injury to anadromous salmon and steelhead resources or loss of natural habitat of any anadromous salmon and steelhead resources except when an applicant proposes to modify an existing facility or project in such a manner that can be shown to restore, enhance or improve anadromous fish populations within that river system.

�� (b) Any activity related to hydroelectric development shall be consistent with the provisions of the Columbia River Basin Fish and Wildlife Program providing for the protection, mitigation and enhancement of the fish and wildlife resources of the region as adopted by the Pacific Northwest Electric Power and Conservation Planning Council pursuant to Public Law 96-501.

�� (c) Except as provided in this paragraph, no activity may be approved that results in a net loss of wild game fish or recreational opportunities. If a proposed activity may result in a net loss of any of the above resources, the commission may allow mitigation if the commission finds the proposed mitigation in the project vicinity is acceptable. Proposed mitigation that may result in a wild game fish population, or the fishery the wild game fish population provides, being converted to a hatchery dependent resource is not acceptable mitigation. A water dependent recreational opportunity must be mitigated by another water dependent recreational opportunity. Mitigation of water dependent recreational opportunities that, in the judgment of the commission, are of statewide significance with a recreational opportunity that is readily available on other waters of this state is not acceptable mitigation. In deciding whether mitigation is acceptable, the commission shall consult with other local, state and federal agencies.

�� (d) Other natural resources in the project vicinity, including water quality, wildlife, scenic and aesthetic values, and historic, cultural and archaeological sites, shall be maintained or enhanced. No activity may be approved that, in the judgment of the commission after balancing gains and losses to all affected natural resources, may result in a net loss of natural resources. In determining whether the proposed activity may result in a net loss of natural resources, the commission may consider mitigation if the commission determines the proposed mitigation in the project vicinity is acceptable. Mitigation may include appropriate measures considered necessary to meet the net loss standard. In determining whether mitigation is acceptable, the commission shall consult with appropriate state, federal and local agencies.

�� (e) In determining whether it is in the public interest to allocate water for a proposed hydroelectric development, the commission shall consider present and future power needs and shall make a finding on the need for the power. For a hydroelectric project with a nominal electric generating capacity of 25 megawatts or more, the Water Resources Commission shall consider any recommendation by the Energy Facility Siting Council. The Energy Facility Siting Council�s recommendation shall be based solely on information contained in the hearing record of the Water Resources Commission. The commission�s order on the proposed hydroelectric development shall describe the Energy Facility Siting Council�s recommendations on the need for the power. If the commission�s decision on the need for power is contrary to the Energy Facility Siting Council�s recommendation, the commission�s order shall explain the commission�s failure to follow the recommendation of the Energy Facility Siting Council. The commission also shall consult with the Energy Facility Siting Council on other matters within the expertise of the Energy Facility Siting Council.

�� (2) The commission shall adopt all necessary rules to carry out the policy set forth in ORS 543.015 and to implement the minimum standards set forth in subsection (1) of this section. In the absence of implementing rules, any action of the commission relating to hydroelectric development shall comply with the standards as set forth in this section.

�� (3) Nothing in this section limits the authority of any state agency to make recommendations regarding appropriate license conditions during the consideration of the issuance of a license or permit for an existing hydroelectric project. [1985 c.569 �3; 1993 c.544 �6; 1995 c.229 �2; 2007 c.71 �176]

�� 543.020 [Repealed by 1961 c.224 �20]

�� 543.030 [Repealed by 1961 c.224 �20]

�� 543.040 [Repealed by 1961 c.224 �20]

�� 543.050 Powers of Water Resources Commission as to permits, licenses, investigations, reports, forms and examination of records. The Water Resources Commission may:

�� (1) Issue preliminary permits, as provided in ORS 543.210 to 543.250, to any person qualified to become a licensee.

�� (2) Issue licenses, as provided in ORS 543.260, to citizens of the United States, associations of citizens, or private corporations organized under the laws of the United States or any state of the United States, to appropriate, initiate, perfect, acquire and hold the right to the use of waters within the state, including waters over which the state has concurrent jurisdiction, and to construct, operate and maintain dams, reservoirs, power houses, conduits, transmission lines, and all other works and structures necessary or convenient for the use of the waters in the generation and utilization of electricity.

�� (3) Conduct investigations and collect information the commission considers necessary or useful for the purposes of ORS 543.010 to 543.610 and cooperate with the federal government and adjoining states concerning all such matters, particularly with reference to waters forming the boundary between this state and another state.

�� (4) Prescribe the forms of all accounts, records and memoranda to be kept by licensees under ORS

ORS 276.212

276.212 upon lands now owned by the state or lands acquired by the department.

�� 276.218 Acquiring machines and equipment; terms; pledging operating funds. (1) The Oregon Department of Administrative Services may acquire by purchase, lease or otherwise, the machines, engines, boilers, pipes, steam fittings, electrical equipment, appliances, transmission poles, lines, wire and other equipment necessary in carrying out the provisions of ORS 276.212, for cash, on contract, conditional bill of sale, lease purchase or installment purchase. The department may contract to pay, as rental or otherwise, on the amortization plan, the principal and interest of the purchase price of such personal property.

�� (2) The rate of interest on the principal of the purchase cost and the terms and conditions for repayment shall be as determined by the department. The department may pledge, on behalf of the State of Oregon, for the retirement of such indebtedness, such reasonable sums from operating appropriations or service charges as is required for:

�� (a) The purchase or securing of steam heat, electrical current or energy from private persons or corporations for light, heat and power for any such public buildings.

�� (b) Transmitting and receiving messages by radio, telephone, telegraph or other device or system in the transaction of any or all business of the state or in which the state is interested.

�� (3) The department may make installment payments on such contracts on such purchase price. Such obligations shall not be deemed a general indebtedness of the state, but shall be payable out of appropriations made or provided for the operation and maintenance of such public buildings. In the case of telecommunications systems and all related equipment, repayment may be from service charges paid by agencies for the operation of the systems. [Amended by 1969 c.199 �33; 1983 c.424 �2]

�� 276.220 Payment of cost of real and personal property. The Oregon Department of Administrative Services may, for the purpose of paying in whole or in part the cost of any real or personal property acquired or contracted to be purchased or otherwise acquired under the provisions of ORS 276.210 to 276.228, use from any sum appropriated by law for the maintenance, operation and capital outlays of any of the public buildings and grounds or departments, such amount thereof, or equivalent amount, as is reasonably required or would otherwise be paid for the purchase of, or payment for, steam heat, electrical current or energy supplied by any person or corporation to any such state buildings for heat, light or power, and for the purpose of transmitting and receiving messages by radio, telephone, telegraph or other device or system in the transaction of business of the state or in which the state is interested. [Amended by 1969 c.199 �34]

�� 276.222 Contracting to purchase services and use facilities. The Oregon Department of Administrative Services may:

�� (1) Contract with any person for the furnishing of heat, light, power, telephone, telegraph or radio, or either or all thereof, for any of the purposes mentioned in ORS

ORS 276.435

276.435)]

�� 276.164 [1967 c.450 ��2,3; 1969 c.706 �54; repealed by 1977 c.598 �35]

�� 276.166 [1967 c.565 �6; repealed by 1977 c.598 �35]

�� 276.175 [1969 c.706 �24; repealed by 1977 c.598 �35]

TRANSFER OF VACANT FACILITIES TO

OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES

�� 276.180 Transfer of certain buildings, grounds and facilities when vacated; operation; maintenance. When vacated and no longer required for institution uses, all or any portion of the buildings, grounds and facilities presently operated and controlled by the Department of Human Services, the Department of Corrections, the Oregon Health Authority or the State Board of Education, are transferred to the Oregon Department of Administrative Services when so ordered by the Oregon Department of Administrative Services. Title shall vest automatically in the Oregon Department of Administrative Services in the name of the State of Oregon and the department shall operate and maintain all facilities described in this section. [1973 c.772 �6; 1974 c.71 �1; 1975 c.104 �4; 1987 c.320 �152; 1993 c.500 �20; 2001 c.900 �50; 2009 c.595 �194]

�� 276.185 [1969 c.199 �10; 1981 c.106 �12; repealed by 1997 c.249 �83]

�� 276.190 [1959 c.595 �4; repealed by 1977 c.598 �35]

SERVICES AND FACILITIES FOR STATE BUILDINGS

(Heat, Light, Power, Sewage, Fire Protection and Communications)

�� 276.210 Definition for ORS 276.210 to 276.228. When used in ORS 276.210 to 276.228, unless the context requires otherwise, �public buildings and grounds� means the works, buildings and grounds owned by, and situated in, this state and governed, managed or administered by the Oregon Department of Administrative Services and the other state buildings owned by the state and used by any of the departments of the state. [Amended by 1969 c.199 �31]

�� 276.212 Heat, light, communication and power systems; preference for use of biofuels. (1) The Oregon Department of Administrative Services may, as the department deems necessary, suitable or expedient, acquire, design, erect, complete, maintain and operate:

�� (a) Steam heating systems, power systems, machines, engines and equipment, with necessary transmission poles and lines, pipes or conduits for the purpose of generating and furnishing steam heat, electric energy, current, light, heat and power for the public buildings and grounds.

�� (b) Systems for the purpose of transmitting and receiving messages by radio, telephone, telegraph or other device or system in the transaction of business of the state or in which the state is interested.

�� (2) To the maximum extent that is economically feasible, the department shall in lieu of diesel use biofuel, or direct-application electricity generated from biofuel, in all facilities or machinery the department acquires, designs, erects, completes, maintains or operates as stationary or backup generation for the systems described in subsection (1) of this section.

�� (3) The department may do all things necessary for:

�� (a) The delivery of steam heat, electrical current, energy, light, heat and power to the public buildings and grounds.

�� (b) The transmitting and receiving of messages by radio, telephone, telegraph or other device or system in the transaction of business of the state or in which the state is interested. [Amended by 1969 c.199 �32; 2023 c.553 �1]

�� 276.214 Acquiring land, buildings and structures; eminent domain procedure. (1) The Oregon Department of Administrative Services may acquire by purchase, condemnation or otherwise:

�� (a) The land, buildings and structures deemed necessary, suitable or expedient for carrying out the provisions of ORS 276.212.

�� (b) The easements or rights of way, within or outside of any city or town, necessary for the construction, operation, maintenance or repair of underground conduits, pipes, transmission poles and wires.

�� (2) The Oregon Department of Administrative Services shall have the power of eminent domain for the purpose of acquiring any property necessary for carrying out the provisions of ORS 276.212. The action or proceeding shall be brought in the name of the State of Oregon in the circuit court of the proper county in this state. The procedure shall be that provided by law for the condemnation of real property or other property for the use of the public by the state or a subdivision of the state. The Oregon Department of Administrative Services may take immediate possession of the property, or the use of the property, required by the state for the purposes of ORS 276.212 by depositing with the clerk of the court the sum of money that the court, on five days� notice to the adverse party, deems adequate to secure the owner of the property sought to be taken.

�� 276.216 Erecting and constructing buildings and structures. The Oregon Department of Administrative Services may erect and construct the buildings and structures deemed necessary, suitable or expedient for carrying out the provisions of ORS

ORS 278.005

278.005.

�� (2)(a) The Oregon Department of Administrative Services, in cooperation with the State Department of Energy, shall develop a methodology and work plan for state agencies to implement a comprehensive assessment of energy use and greenhouse gas emissions of state-owned buildings. At a minimum, the assessments must:

�� (A) Examine and quantify each building�s greenhouse gas emissions, using where feasible existing data such as energy use reporting for existing state-owned buildings that state agencies submitted to the State Department of Energy and data from other existing programs and contracts;

�� (B) Identify equipment or usage that contributes to greenhouse gas emissions from each building; and

�� (C) Determine and quantify the useful life of equipment in each building that contributes to greenhouse gas emissions.

�� (b) The Oregon Department of Administrative Services may direct state agencies to conduct the assessments described in paragraph (a) of this subsection in phases or stages and may specify a minimum building size that is subject to an assessment.

�� (c) The Oregon Department of Administrative Services may procure and make available to state agencies services from a private contractor to conduct the assessments described in paragraph (a) of this subsection throughout the state.

�� (3) All agencies of state government shall cooperate with and assist the Oregon Department of Administrative Services, or the department�s contractor, in conducting the assessments and shall timely provide relevant information to the department, or the department�s contractor, in accordance with methodology the department specifies.

�� (4) The Oregon Department of Administrative Services, with support from the State Department of Energy, shall create a searchable and modifiable database with the data that the Oregon Department of Administrative Services, or the department�s contractor, collects from state agency assessments described in subsection (2) of this section. State agencies shall use baseline data from the database as a tool for planning energy use reduction and greenhouse gas emissions reduction targets in capital projects.

�� (5)(a) The Oregon Department of Administrative Services, in collaboration with the Department of Environmental Quality and the State Department of Energy, shall oversee all capital projects in which:

�� (A) A state agency constructs or performs a major renovation on a state building; and

�� (B) The estimated contract price for the capital project exceeds $1 million.

�� (b) In performing the oversight described in paragraph (a) of this subsection, the Oregon Department of Administrative Services shall:

�� (A) Develop and implement guidelines for sustainable design that:

�� (i) Apply to all state agencies and all capital projects described in paragraph (a) of this subsection;

�� (ii) Take into account the building�s life cycle and the life cycle of all of the building�s systems, components, materials, operations and maintenance; and

�� (iii) Consider each building�s size, cost or purpose;

�� (B) Provide guidance and technical expertise to each state agency with respect to construction methods, materials, energy conservation measures, greenhouse gas emissions reduction methods, green building construction and renovation and other techniques and technologies that will aid in achieving the state�s green building, energy efficiency and greenhouse gas emissions reduction goals; and

�� (C) Use existing work the State Department of Energy performed in connection with the United States Department of Energy�s Standard Energy Efficiency Data program, data from other existing programs and contracts and, where appropriate, data from the database described in subsection (4) of this section.

�� (c) Each state agency shall report regularly to the Oregon Department of Administrative Services concerning progress on a capital project described in paragraph (a) of this subsection, with an emphasis on progress toward meeting the goals described in paragraph (b)(B) of this subsection. A state agency may combine a report under this paragraph with a report from another state agency.

�� (6) The Oregon Department of Administrative Services and the State Department of Energy shall participate on behalf of the state in the National Building Performance Standards Coalition. [2023 c.442 �18]

�� Note: 469.748 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.750 State purchase of alternative fuels. (1) Any state agency, board, commission, department or division that is authorized to purchase or otherwise acquire fuel for the systems providing heating, air conditioning, lighting and the supply of domestic hot water for public buildings and grounds may enter into long-term contracts for the purchase of alternative fuels. Such contracts may be for terms not longer than 20 years.

�� (2) As used in this section:

�� (a) �Alternative fuels� includes all fuels other than petroleum, natural gas, coal and products derived therefrom. The term includes, but is not limited to, solid wastes or fuels derived from solid wastes.

�� (b) �Public buildings and grounds� has the meaning given that term in ORS 276.210. [1981 c.386 �6]

�� Note: 469.750 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(State Agency Projects)

�� 469.752 Definitions for ORS 469.752 to 469.756. As used in ORS 469.752 to 469.756, unless the context requires otherwise:

�� (1) �Project� means a state agency�s improvement of the efficiency of energy use through conservation, development of cogeneration facilities or use of renewable resources. �Project� does not include a plan of a state agency to improve the efficiency of energy use in a state rented facility if the payback period for the project exceeds the term of the current state lease for that facility.

�� (2) �Savings� means any reduction in energy costs or net income derived from the sale of energy generated through a project.

�� (3) �State agency� has the meaning given that term in ORS 278.005. [1991 c.487 �1; 1993 c.86 �1; 1995 c.551 �16; 2003 c.186 �47]

�� Note: 469.752 to 469.756 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.754 Authority of state agencies to establish projects; use of savings. (1) State agencies may enter into such contractual and other arrangements as are necessary or convenient to design, develop, operate and finance projects on-site at state owned or state rented facilities.

�� (2)(a) For as long as a project established under ORS 469.752 to 469.756 produces savings:

�� (A) A state agency�s budget may not be cut because of savings due to the project; and

�� (B) A state agency shall retain 100 percent of the net savings to the state agency after any project debt service.

�� (b) Savings from a project must be deposited in a revolving fund administered by the state agency.

�� (3) A state agency shall spend the savings under subsection (2) of this section to increase productivity through:

�� (a) Energy efficiency projects;

�� (b) High-tech improvements, such as the purchase or installation of new desktop or laptop computers or the linkage of computers into systems or networks; or

�� (c) Infrastructure improvements.

�� (4) The moneys credited to the revolving fund may be invested and reinvested as provided in ORS 293.701 to 293.790. Notwithstanding ORS 293.105 (3) or any other provision of law, interest or other earnings on moneys in the revolving fund must be credited to the revolving fund.

�� (5) ORS 469.752 to 469.756 do not authorize a state agency to sell electricity to an entity other than an investor owned utility, a publicly owned utility, an electric cooperative utility or the Bonneville Power Administration.

�� (6) ORS 469.752 to 469.756 do not limit the authority of a state agency conferred by any other provision of law, or affect any authority, including the authority of a municipality, to regulate utility service under existing law. [1991 c.487 �2; 1993 c.86 �2; 2023 c.442 �19]

�� Note: See note under 469.752.

�� 469.756 Rules; technical assistance; evaluations. The State Department of Energy in consultation with other state agencies and utilities shall adopt rules, guidelines and procedures that are necessary to establish savings for projects and to implement other provisions of ORS 469.752 to 469.756. The department may enter into agreements under ORS chapter 190 with state agencies to provide technical assistance in selecting appropriate projects and to evaluate and determine energy and cost savings. [1991 c.487 �3; 2023 c.442 �20]

�� Note: See note under 469.752.

DESIGNATED STATE AGENCY PROGRAMS FOR ENERGY EFFICIENCY IN BUILDINGS

�� 469.760 Legislative findings; state goals related to adoption and use of heat pump technologies. (1) The Legislative Assembly finds that:

�� (a) Energy consumption in residential and commercial buildings accounted for 34 percent of annual greenhouse gas emissions in this state in 2021, according to the Department of Environmental Quality;

�� (b) Space and water heating account for 64 percent of an average residential building�s energy use;

�� (c) Heat pumps provide both heating and cooling benefits that keep people safe during extreme weather events that are becoming more frequent and more intense as a consequence of climate change;

�� (d) Electric heat pumps can provide up to three times more heat energy than the electrical energy the heat pumps consume, which makes heat pumps the most energy efficient space heating option available in the market;

�� (e) Upgrading space and water heating appliances with contemporary heat pump technologies can help people to save money on household energy bills;

�� (f) Existing and forthcoming state and federal incentive programs will assist in energy efficiency improvements in homes and buildings, including adoption of energy efficient heating and cooling appliances;

�� (g) Many residents of this state suffer from disproportionately high energy burdens, and environmental justice communities face greater barriers to purchasing and installing heat pumps and other energy efficient appliances; and

�� (h) Additional support and innovative solutions are necessary to ensure that all households in this state benefit from energy efficient appliances and heating and cooling upgrades.

�� (2) The Legislative Assembly declares as goals for this state:

�� (a) That owners, operators or residents of residential or commercial buildings in this state install and use at least 500,000 new heat pumps by 2030;

�� (b) That the state provide programs and support for accelerating purchases and installations of heat pump technologies to help meet the state�s greenhouse gas emissions reduction goals;

�� (c) That the programs and support described in paragraph (b) of this subsection should prioritize environmental justice communities and individuals who reside in houses and structures that do not have a functioning, adequate or affordable heating or cooling system;

�� (d) That the state evaluate the adoption and use of heat pump technologies regularly to determine whether the rate of adoption and use will enable the state to meet greenhouse gas emissions reduction goals; and

�� (e) That the agencies of the executive branch of state government lead by example by acquiring, installing and using heat pump technologies. [2023 c.442 �1]

�� Note: 469.760 to 469.772 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.763 Definitions related to designated state agency programs. (1) As used in this section and ORS 469.766 and 469.769:

�� (a) �Designated state agency program� means a program related to the promotion, implementation, incentivization or regulation of energy efficiency in buildings carried out by any of the following state agencies, as determined by the agency by rule or other action:

�� (A) The State Department of Energy;

�� (B) The Housing and Community Services Department;

�� (C) The Public Utility Commission;

�� (D) The Department of Environmental Quality;

�� (E) The Oregon Health Authority; and

�� (F) The Department of Consumer and Business Services.

�� (b) �Greenhouse gas emissions reduction goals� means policies and goals for reducing greenhouse gas emissions in this state to achieve, at a minimum, emissions reductions consistent with the greenhouse gas emissions reduction goals specified in ORS

ORS 279.833

279.833 in 1991]

CONTROL AND REGULATION OF STATE-OWNED MOTOR VEHICLES AND MOTOR POOL RESOURCES

�� 283.305 Definitions for ORS 283.305 to 283.350. As used in ORS 283.305 to 283.350:

�� (1) �Alternative fuel� means natural gas, liquefied petroleum gas, methanol, ethanol, any fuel mixture containing at least 85 percent methanol or ethanol and electricity.

�� (2) �Authorized driver� means any of the following who has a valid driver license and an acceptable driving record:

�� (a) A salaried state employee, including an agent of the state;

�� (b) A volunteer, appointed in writing, whose written description of duties includes driving motor vehicles;

�� (c) An agency client required to drive motor vehicles as part of a rehabilitation or treatment program authorized by law;

�� (d) Any personnel of any unit of government whose use of motor vehicles is permitted by an authorized intergovernmental agreement; and

�� (e) An adult in custody in a correctional institution with specific Department of Corrections approval who is accompanied by a supervising correctional institution employee or who is performing a specific work assignment driving a special purpose vehicle required for that assignment and within the visual range of a supervising correctional institution employee who is at the work assignment site or who is part of the transport caravan.

�� (3) �Motor vehicles� includes state-owned, leased or otherwise controlled motor vehicles and the supplies, parts and equipment for the operation, maintenance or repair of such motor vehicles.

�� (4) �Official state business� means activity conducted by a state agency that advances the lawful policies of the agency as specified by the Oregon Department of Administrative Services by rule.

�� (5) �Standard passenger vehicle� means a motor vehicle that is commonly known as a sedan or a station wagon and that is not equipped with special or unusual equipment.

�� (6) �State agency� or �agency� includes the Legislative Assembly, at its option, or any of its statutory, standing, special or interim committees, at the option of such committee. [Formerly 291.702; 1991 c.399 �4; 1993 c.335 �1; 1997 c.848 �1; 2007 c.71 �83; 2011 c.637 �89; 2019 c.213 �60]

�� 283.310 Control and regulation of state-owned motor vehicles; rules; statement of use. (1) The Oregon Department of Administrative Services shall control and regulate the acquisition, operation, use, maintenance and disposal of and access to motor vehicles used for:

�� (a) State business by state agencies of this state; or

�� (b) Official public business by a unit of local government or a state agency of another state, by an agency created by an interstate compact between this state and another state or states, by a United States governmental agency, or by an American Indian tribe or an agency of an American Indian tribe, pursuant to an intergovernmental agreement between the agency or agencies and the department, entered into in accordance with ORS chapter 190, for the provision of motor pool vehicles, supplies and services, or any of them.

�� (2) The state agency on whose behalf a motor vehicle is used must state in writing in advance of such use that the particular activity for which the vehicle is to be used advances the lawful policies of the agency. [Formerly 291.704; 1993 c.335 �2; 2011 c.637 �90; 2015 c.767 �85]

�� 283.312 Provision of state-owned vehicle to authorized agency driver; mileage limits requirements; exceptions; penalty for noncompliance. (1) A state agency or institution shall provide a state-owned standard passenger vehicle to each authorized driver of the state agency or institution who is required to drive a standard passenger vehicle on official state business a number of miles per month averaged over a six-month period that equals or exceeds the mileage limit defined in rules adopted under ORS 283.313.

�� (2) If a state-owned standard passenger vehicle is not available to an authorized driver of a state agency or institution who is required to drive a standard passenger vehicle on official state business:

�� (a) The authorized driver shall use the authorized driver�s own motor vehicle, or other privately owned motor vehicle, and shall be reimbursed as provided in rules adopted under ORS 283.345; or

�� (b) If a suitable privately owned motor vehicle is not available to the authorized driver, the state agency or institution shall rent a standard passenger vehicle for the use of the authorized driver on the days the authorized driver is required to drive on official state business.

�� (3) Except as provided in subsections (4) and (5) of this section, a state agency or institution may not own or be assigned a standard passenger vehicle that is driven a number of miles per month averaged over a six-month period that is less than the mileage limit defined in rules adopted under ORS 283.313.

�� (4) Subsection (3) of this section does not apply to a standard passenger vehicle that is furnished with equipment not installed on a standard passenger vehicle.

�� (5) Subsection (3) of this section does not apply to a standard passenger vehicle if the Director of the Oregon Department of Administrative Services finds under rules adopted under ORS 283.313 that, notwithstanding the number of miles per month the vehicle is driven, use of a state-owned standard passenger vehicle is necessary to the activities conducted by the state agency or institution.

�� (6) If a state agency or institution is not in compliance with subsection (3) of this section, the state agency or institution shall sell and not replace a standard passenger vehicle for each vehicle that fails to comply with subsection (3) of this section. The state agency or institution may reassign vehicles owned by or assigned to the state agency or institution, respectively, if necessary to meet the requirements of subsection (3) of this section. Proceeds from a sale under this subsection and interest on the proceeds shall be retained by the agency or institution and not expended until a sale proceed utilization plan is approved by the Legislative Assembly. [1997 c.848 �3]

�� 283.313 Adoption of mileage limits for use and replacement of state-owned vehicles; procedure for approving exceptions to requirement for provision of state-owned vehicle; rules. (1) The Oregon Department of Administrative Services shall adopt by rule a formula to determine the mileage limit for purposes of ORS 283.312. The formula shall define a mileage limit that is the mileage at which use of a state-owned standard passenger vehicle is more economical than use of a privately owned motor vehicle for official state business. For purposes of this subsection, the department shall adopt the formula in Secretary of State, Audit No. 97-36, State of Oregon Opportunities to Reduce State Employee Travel Costs, p. 29, app. A, exhibit 1 (April 17, 1997), or an equivalent formula.

�� (2) The department shall adopt by rule a replacement mileage standard for purposes of ORS 283.314. The replacement mileage standard is the mileage at which replacement of a standard passenger vehicle is more economical than retaining the vehicle.

�� (3) The department shall adopt by rule a procedure to approve exceptions under ORS

ORS 279.835

279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the Oregon Utility Notification Center.

�� (4) Notwithstanding subsection (2)(b) of this section, the board of directors shall not establish rates or other charges that require payments from any subscriber who receives fewer than 50 telephone calls in the calendar year or that result in annual payments of more than $500 for any of the following subscribers:

�� (a) Cities with a population under 15,000;

�� (b) Telecommunications utilities serving fewer than 50,000 access lines and regulated by the Public Utility Commission under ORS chapter 759;

�� (c) Cable system operators serving fewer than 15,000 customers;

�� (d) Utilities, special districts, people�s utility districts or authorities providing electricity, water or sanitary sewer service to fewer than 15,000 residential customers; and

�� (e) Telecommunications cooperatives. [1995 c.691 �3; 1999 c.451 �3; 2001 c.104 �293; 2003 c.794 �329; 2012 c.107 �69]

�� Note: See note under 757.542.

�� 757.555 [Amended by 1971 c.655 �49; renumbered 756.555]

�� 757.556 [1987 c.599 �5; repealed by 1995 c.691 �8]

�� 757.557 Underground utility facility operators required to subscribe to center; liability for damage from excavation for nonsubscribers; exemption. (1) Every operator of underground facilities shall subscribe to the Oregon Utility Notification Center.

�� (2) Any person intending to excavate shall notify the Oregon Utility Notification Center at least two but not more than 10 business days before commencing an excavation. The board of directors shall, by rule, provide an exception to the requirement of advance notice for excavators in cases that involve an immediate danger to life or property, or a customer service outage. The board may adopt additional exceptions as the board, in its discretion, determines necessary.

�� (3) Nonsubscribing operators of underground facilities shall be responsible to all injured parties for all costs associated with damages to such facilities, loss of product or service or damages that occur as a result of excavation where the facilities damaged are under the control of the nonsubscribing operator and proper notice was given to the Oregon Utility Notification Center.

�� (4) The provisions of this section shall not apply to operators of underground facilities that are located entirely on private property and that provide services exclusively for the use of residents or owners of the property. [1995 c.691 �4; 2001 c.104 �294]

�� Note: See note under 757.542.

�� 757.560 [Repealed by 1971 c.655 �250]

�� 757.561 [1987 c.599 �4; repealed by 1995 c.691 �8]

�� 757.562 Report to Legislative Assembly of center activities; contracts to carry out duties. (1) The board of directors shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report covering the activities and operations of the Oregon Utility Notification Center for the preceding calendar year according to the provisions of ORS 192.230 to 192.250.

�� (2) In carrying out the duties, functions and powers imposed by law on the Oregon Utility Notification Center, the board of directors may contract with any state agency or private party for the performance of such duties, functions and powers as the board considers appropriate. [1995 c.691 �5]

�� Note: See note under 757.542.

�� 757.565 [Repealed by 1971 c.655 �250]

�� 757.566 [1987 c.599 �6; repealed by 1995 c.691 �8]

�� 757.570 [Repealed by 1971 c.655 �250]

�� 757.571 [1987 c.599 ��7,8; repealed by 1995 c.691 �8]

�� 757.575 [Repealed by 1971 c.655 �250]

�� 757.580 [Repealed by 1971 c.655 �250]

�� 757.585 [Repealed by 1971 c.655 �250]

�� 757.590 [Amended by 1971 c.655 �48; renumbered 756.552]

�� 757.595 [Repealed by 1971 c.655 �250]

DIRECT ACCESS REGULATION

�� 757.600 Definitions for ORS 757.600 to 757.687. As used in ORS 757.600 to 757.687, unless the context requires otherwise:

�� (1) �Aggregate� means combining retail electricity consumers into a buying group for the purchase of electricity and related services.

�� (2) �Ancillary services� means services necessary or incidental to the transmission and delivery of electricity from generating facilities to retail electricity consumers, including but not limited to scheduling, load shaping, reactive power, voltage control and energy balancing services.

�� (3) �Commission� means the Public Utility Commission.

�� (4) �Consumer-owned utility� means a municipal electric utility, a people�s utility district or an electric cooperative.

�� (5) �Default supplier� means an electricity service supplier or electric company that has a legal obligation to provide electricity services to a consumer, as determined by the commission.

�� (6) �Direct access� means the ability of a retail electricity consumer to purchase electricity and certain ancillary services, as determined by the commission for an electric company or the governing body of a consumer-owned utility, directly from an entity other than the distribution utility.

�� (7) �Direct service industrial consumer� means an end user of electricity that obtains electricity directly from the transmission grid and not through a distribution utility.

�� (8) �Distribution� means the delivery of electricity to retail electricity consumers through a distribution system consisting of local area power poles, transformers, conductors, meters, substations and other equipment.

�� (9) �Distribution utility� means an electric utility that owns and operates a distribution system connecting the transmission grid to the retail electricity consumer.

�� (10) �Economic utility investment� means all electric company investments, including plants and equipment and contractual or other legal obligations, properly dedicated to generation or conservation, that were prudent at the time the obligations were assumed but the full benefits of which are no longer available to consumers as a direct result of ORS 757.600 to 757.667, absent transition credits. �Economic utility investment� does not include costs or expenses disallowed by the commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties authorized and imposed under state or federal law.

�� (11) �Electric company� means an entity engaged in the business of distributing electricity to retail electricity consumers in this state, but does not include a consumer-owned utility.

�� (12) �Electric cooperative� means an electric cooperative corporation organized under ORS chapter 62 or under the laws of another state if the service territory of the electric cooperative includes a portion of this state.

�� (13) �Electric utility� means an electric company or consumer-owned utility that is engaged in the business of distributing electricity to retail electricity consumers in this state.

�� (14) �Electricity� means electric energy, measured in kilowatt-hours, or electric capacity, measured in kilowatts, or both.

�� (15) �Electricity services� means electricity distribution, transmission, generation or generation-related services.

�� (16) �Electricity service supplier� means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. �Electricity service supplier� does not include an electric utility selling electricity to retail electricity consumers in its own service territory.

�� (17) �Governing body� means the board of directors or the commissioners of an electric cooperative or people�s utility district, or the council or board of a city with respect to a municipal electric utility.

�� (18) �Load� means the amount of electricity delivered to or required by a retail electricity consumer at a specific point of delivery.

�� (19) �Low-income weatherization� means repairs, weatherization and installation of energy efficient appliances and fixtures for low-income residences for the purpose of enhancing energy efficiency.

�� (20) �Municipal electric utility� means an electric distribution utility owned and operated by or on behalf of a city.

�� (21) �New renewable energy resource� means a renewable energy resource project, or a new addition to an existing renewable energy resource project, or the electricity produced by the project, that is not in operation on July 23, 1999. �New renewable energy resource� does not include any portion of a renewable energy resource project under contract to the Bonneville Power Administration on or before July 23, 1999.

�� (22) �One average megawatt� means 8,760,000 kilowatt-hours of electricity per year.

�� (23) �People�s utility district� has the meaning given that term in ORS 261.010.

�� (24) �Portfolio access� means the ability of a retail electricity consumer to choose from a set of product and pricing options for electricity determined by the governing board of a consumer-owned utility and may include product and pricing options offered by the utility or by an electricity service supplier.

�� (25) �Power generation company� means a company engaged in the production and sale of electricity to wholesale customers, including but not limited to independent power producers, affiliated generation companies, municipal and state authorities, provided the company is not regulated by the commission.

�� (26) �Qualifying expenditures� means those expenditures for energy conservation measures that have a simple payback period of not less than one year and not more than 10 years, and expenditures for the above-market costs of new renewable energy resources, provided that the State Department of Energy by rule may establish a limit on the maximum above-market cost for renewable energy that is allowed as a credit.

�� (27) �Renewable energy resources� means:

�� (a) Electricity generation facilities fueled by wind, waste, solar or geothermal power or by low-emission nontoxic biomass based on solid organic fuels from wood, forest and field residues.

�� (b) Dedicated energy crops available on a renewable basis.

�� (c) Landfill gas and digester gas.

�� (d) Hydroelectric facilities located outside protected areas as defined by federal law in effect on July 23, 1999.

�� (28) �Residential electricity consumer� means an electricity consumer who resides at a dwelling primarily used for residential purposes. �Residential electricity consumer� does not include retail electricity consumers in a dwelling typically used for residency periods of less than 30 days, including hotels, motels, camps, lodges and clubs. As used in this subsection, �dwelling� includes but is not limited to single family dwellings, separately metered apartments, adult foster homes, manufactured dwellings, recreational vehicles and floating homes.

�� (29) �Retail electricity consumer� means the end user of electricity for specific purposes such as heating, lighting or operating equipment, and includes all end users of electricity served through the distribution system of an electric utility on or after July 23, 1999, whether or not each end user purchases the electricity from the electric utility.

�� (30) �Site� means a single contiguous area of land containing buildings or other structures that are separated by not more than 1,000 feet, or buildings and related structures that are interconnected by facilities owned by a single retail electricity consumer and that are served through a single electric meter.

�� (31) �Transition charge� means a charge or fee that recovers all or a portion of an uneconomic utility investment.

�� (32) �Transition credit� means a credit that returns to consumers all or a portion of the benefits from an economic utility investment.

�� (33) �Transmission facility� means the plant and equipment used to transmit electricity in interstate commerce.

�� (34) �Undue market power� means the unfair or improper exercise of influence to increase or decrease the availability or price of a service or product in a manner inconsistent with competitive markets.

�� (35) �Uneconomic utility investment� means all electric company investments, including plants and equipment and contractual or other legal obligations, properly dedicated to generation, conservation and workforce commitments, that were prudent at the time the obligations were assumed but the full costs of which are no longer recoverable as a direct result of ORS 757.600 to 757.667, absent transition charges. �Uneconomic utility investment� does not include costs or expenses disallowed by the commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties as authorized by state or federal law. [1999 c.865 �1; 2001 c.134 �8; 2003 c.186 �75]

�� 757.601 Implementation dates for direct access and portfolio of rate options; exemption for certain small electric companies. (1) All retail electricity consumers of an electric company, other than residential electricity consumers, shall be allowed direct access beginning on March 1, 2002. Retail electricity consumers shall not be allowed direct access before that date.

�� (2) Residential electricity consumers shall be allowed to purchase electricity from among a portfolio of rate options as described in ORS 757.603 not later than March 1, 2002.

�� (3) ORS 757.600 to 757.691 do not apply to an electric company providing electricity services to fewer than 25,000 consumers in this state unless the electric company offers direct access to any of its retail electricity consumers in this state or offers to sell electricity services available under direct access to more than one retail electricity consumer of another electric utility. [1999 c.865 �2; 2001 c.819 �1; 2003 c.14 �454]

�� Note: 757.601 was added to and made a part of ORS chapter 757 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 757.603 Electric company required to provide cost-of-service rate option to all retail electricity consumers; waiver; portfolio of rate options for residential consumers. (1) Except as provided in this section, an electric company shall provide all retail electricity consumers that are connected to the electric company�s distribution system with a regulated, cost-of-service rate option.

�� (2)(a) The Public Utility Commission by order may waive the requirement in subsection (1) of this section for any retail electricity consumer other than residential electricity consumers and small commercial electricity consumers.

�� (b) Prior to ordering a waiver under this subsection, the commission may conduct such studies as the commission deems necessary and shall provide notice and opportunity for public comment and hearings regarding the proposed waiver.

�� (c) The commission may order a waiver under this subsection if the commission finds, based on the evidentiary record developed through the conducted studies, public comment and hearings, that a market exists in which retail electricity consumers subject to the waiver are able to:

�� (A) Purchase supplies of electricity adequate to meet the needs of the retail electricity consumers;

�� (B) Obtain multiple offers for electricity supplies within a reasonable period of time;

�� (C) Obtain reliable supplies of electricity; and

�� (D) Purchase electricity at prices that are not unduly volatile and that are just and reasonable.

�� (3) Each electric company shall provide each retail electricity consumer that is connected to its distribution system and whose electricity demand at any point of delivery is less than 30 kilowatts a portfolio of rate options. The portfolio of rate options shall include at least the following options:

�� (a) A rate that reflects significant new renewable energy resources;

�� (b) A market-based rate; and

�� (c) If the commission finds, through public comment and hearing or through market research conducted by the electric company, that demand is sufficient to justify the rate, a rate option for electricity associated with a specific renewable energy resource, including solar photovoltaic energy.

�� (4) The commission shall regulate the cost-of-service rate option under subsection (1) of this section and the portfolio of rate options under this section. The commission:

�� (a) Shall reasonably ensure that the costs, risks and benefits of serving each option are reflected in the rates for each option, and such rates may include a monthly flat rate or charge in addition to usage.

�� (b) May prohibit or otherwise limit the use of a cost-of-service rate by retail electricity consumers who have been served through direct access.

�� (c) May limit switching among the portfolio of rate options and the cost-of-service rate.

�� (5)(a) As used in this subsection, �government� means a city, county, irrigation district, ditch improvement district, water control district, or government of a federally recognized Indian tribe in Oregon.

�� (b) An electric company may file, as part of a portfolio of rate options required under this section and if agreed to in coordination with one or more governments to meet adopted renewable and nonemitting energy goals, a program of rates or charges that reflect the cost of an electric company program to serve retail electricity consumers within the boundaries of those governments with electricity:

�� (A) Derived from new or existing renewable energy resources or nonemitting energy resources, including supply and demand-side resources; or

�� (B) Paired with unbundled renewable energy certificates, as defined in ORS 469A.005, from new or existing renewable energy resources.

�� (c) The commission may approve a rate or charge under this subsection if:

�� (A) The government attests that the coordination required under paragraph (b) of this subsection occurred and the electric company includes the attestation in the filing for a program of rates or charges;

�� (B) The government enacts or adopts an ordinance, charter provision, resolution or other regulation requiring that retail electricity consumers within the boundaries of the government must, as determined during the coordination required by paragraph (b) of this subsection and conducted in accordance with this paragraph, be served with renewable energy resources or nonemitting energy resources, including at the option of the government, resources such as:

�� (i) Energy from community-based resources, including solar photovoltaic, storage, microgrids, irrigation district-owned projects, in-pipe hydroelectric, or micro-hydroelectric, that provide community cobenefits, such as:

�� (I) Community stability;

�� (II) Community reinvestment;

�� (III) Ownership by a nonprofit organization or renewable energy cooperative that represents an environmental justice community;

�� (IV) Ownership by the government;

�� (V) Disaster resiliency;

�� (VI) Water savings;

�� (VII) Species protection;

�� (VIII) Direct cost savings to customers; or

�� (IX) Local economic development and jobs; and

�� (ii) Renewable and nonemitting energy resources acquired through government specified procurement criteria which may include goals for local or diverse ownership;

�� (C) The ordinance, charter provision, resolution or other regulation specifies that:

�� (i) All eligible retail electricity consumers served within the boundaries of the government are placed on the rate schedule by the electric company, upon commission approval, but have an opportunity to decline to be served by the rate option; and

�� (ii) Retail electricity consumers within the boundaries of the government that are connected to the distribution system and whose electricity demand at any point of delivery is greater than 30 kilowatts may choose to be placed on the rate schedule, if the electric company determines that electricity demand at the consumer�s point of delivery is greater than 30 kilowatts because of additional demand resulting from electrification of transportation or other services, including electric vehicle charging stations, after September 25, 2021;

�� (D) The ordinance, charter provision, resolution or other regulation includes protections, such as subsidies or bill payment assistance, for low-income retail electricity consumers affected by the rates or charges and provides that these protections are paid for solely by retail electricity consumers within the boundaries of the government;

�� (E) The electric company has included in the program provisions to minimize the shifting of costs from retail electricity consumers to other customers who do not participate;

�� (F) The ordinance, charter provision, resolution or other regulation sets forth the duration of the program; and

�� (G) The electric company utilizes commission-approved procurement processes, to the extent those processes apply, and the procurement criteria agreed to with the government in subparagraph (B)(ii) of this paragraph.

�� (d) After the electric company receives approval to serve retail electricity consumers within the boundaries of the government according to the program of rates or charges adopted pursuant to this subsection, the electric company must:

�� (A) Prior to commencing the program, receive acknowledgement from the government to proceed with the program as approved by the commission and, if the government declines to proceed, shall file to suspend the rates and charges under the program;

�� (B) Include information on its monthly bills to participating retail electricity consumers identifying the program�s cost;

�� (C) Provide notice to participating retail electricity consumers of any change in rate for participation in the program; and

�� (D) Provide an annual report to the commission and participating governments summarizing the program activities in the prior calendar year.

�� (e) The commission shall allow the electric company, for purposes of the new or existing renewable energy resources or nonemitting energy resources that serve the program of rates or charges adopted pursuant to this subsection:

�� (A) To own the facilities or use power purchase agreements.

�� (B) To recover part or all of the costs associated with the resources that serve the program, including costs associated with resources described in subparagraph (A) of this paragraph, from all retail electricity consumers not served by an electricity service supplier, if:

�� (i) The electric company can demonstrate that above-market or incremental costs of those resources have been paid for by program participants;

�� (ii) An integrated resource plan conducted by the electric company shows an energy or capacity need and the company demonstrates that such resources are capable of meeting that need, in whole or in part;

�� (iii) The electric company will use the resources to meet a renewable portfolio standard imposed by ORS 469A.052;

�� (iv) The resources help the electric company comply with ORS 469A.410; or

�� (v) All customers will otherwise benefit from inclusion of the costs in rates collected from all customers.

�� (C) To collect moneys from participating retail electricity consumers in excess of the cost of service and defer revenues or costs associated with the program for the purposes of making future investments in resources or renewable energy certificates to serve program participants and for the purposes of protecting nonparticipating retail electricity consumers should the government end its participation in the program.

�� (D) To recover the costs associated with the resources that serve the program, including costs associated with resources described in subparagraph (A) of this paragraph, from retail electricity consumers within the boundaries of the government other than those served by electricity service suppliers, if the government ends its participation in the program and the costs are not otherwise recoverable under subparagraph (B) of this paragraph.

�� (6) Nothing in subsection (3) of this section prohibits an electric company from providing retail electricity consumers that are connected to its distribution system and whose electricity demand at any point of delivery is greater than 30 kilowatts a portfolio of rate options.

�� (7) Notwithstanding the exemption to ORS 757.600 to 757.691 provided by ORS 757.601 (3), an electric company serving fewer than 25,000 customers in this state may propose a program for approval by the commission if the program meets the criteria specified in this section. [1999 c.865 �4; 2001 c.819 �2; 2015 c.556 �1; 2021 c.508 �20]

�� 757.605 [1961 c.691 �2; 1971 c.655 �97; renumbered 758.400]

�� 757.606 [Formerly 758.040; renumbered

ORS 279A.010

279A.010, a device or facility for delivering electricity to the public for electric motor vehicles is not a public improvement.

�� (4) A state agency that contracts with a vendor under subsection (1)(b) or (3)(a) of this section shall require in the contract that the vendor:

�� (a) Indemnify the state agency against any claim related to or arising out of the vendor�s operations on premises that the state agency owns or controls;

�� (b) Obtain a policy of liability insurance in an amount sufficient to pay foreseeable claims that relate to or arise out of the vendor�s operations, name the state agency as an insured party in the policy and maintain coverage under the policy during the term of the contract and for two years after the contract term expires; and

�� (c) Pay workers that the vendor employs for any work related to installing a device or facility the prevailing rate of wage, as defined in ORS 279C.800.

�� (5) A state agency may by order establish and adjust prices for using devices or facilities described in subsection (1)(a) of this section that are located on premises the state agency owns or controls. The state agency shall endeavor to set the price for using the devices or facilities at a level that:

�� (a) Recovers to the maximum extent practicable the cost of operating and administering the devices or facilities described in subsection (1)(a) of this section; and

�� (b) Does not exceed 110 percent of the average market price for delivering electricity to the public for the purpose described in subsection (1)(a) of this section in the county in which the device or facility is located.

�� (6) Subject to subsection (5) of this section, a state agency shall set the price for delivering electricity at devices and facilities located on premises that the state agency owns or controls. The state agency shall use criteria and a methodology that the department specifies for calculating the price.

�� (7) The department shall report to the Legislative Assembly in the manner provided by ORS 192.245 not later than February 1, 2019, February 1, 2021, and February 1, 2023, concerning state agency implementation of the authority granted in subsections (1), (2), (4), (5) and (6) of this section. Each report must, as of the date of the report:

�� (a) List the number of devices or facilities for delivering electricity to the public for electric motor vehicles that state agencies installed or had installed in the previous two years and the total number of installations that have occurred since June 2, 2018;

�� (b) List the number of devices or facilities that state agencies have planned for installation in the next two years;

�� (c) List the cost to the state agency of each installation and calculate:

�� (A) An average cost for installations that state agencies have completed or had completed; and

�� (B) An overall trend line for costs that state agencies have incurred;

�� (d) Specify the current price that each state agency charges under subsection (6) of this section and any changes in the price that occurred in the previous two years;

�� (e) Specify for each state agency an average rate of utilization for all of the devices or facilities located on premises that the state agency owns or controls, calculated as the ratio of the time each day during which a person is actually using the devices or facilities and the time each day in which the devices and facilities are available for use; and

�� (f) Specify whether and to what extent using electric motor vehicles and devices or facilities located on premises that state agencies own or control to provide electricity for state agency electric motor vehicles results in a cost savings to the state agency in comparison to using motor vehicles that do not use electricity for propulsion. [2013 c.526 �1; 2018 c.90 �1; 2019 c.104 �1]

�� Note: 276.255 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 276.260 [1975 c.634 �4; repealed by 1977 c.598 �35]

�� 276.265 Apprenticeship programs; state agency as training agent. (1) It is the policy of this state to encourage public agencies to participate in apprenticeship programs. Every public agency employing five or more persons in the same apprenticeable occupation for the improvement or maintenance, not including routine maintenance, of a public facility shall be encouraged to register as a training agent with the appropriate apprenticeship committees and shall be expected to employ at least one apprentice for that apprenticeable occupation, subject to the public agency�s available and legislatively approved budget resources. The public agency shall be subject in its capacity as a training agent to the rules and policies of the responsible apprenticeship committees and the State Apprenticeship and Training Council.

�� (2) For purposes of this section:

�� (a) �Apprenticeable occupation� has the meaning defined in ORS 660.010.

�� (b) �Employing five or more persons� means the employment of five or more persons at any time during the current or immediately prior fiscal year; provided, however, that a public agency may petition the State Apprenticeship and Training Council for exemption from the requirements of this section on the grounds that the public agency�s circumstances have so changed since the immediately prior fiscal year as to make application of this section contrary to the interests of current or potential apprentices.

�� (c) �Improvement or maintenance, not including routine maintenance� means construction, reconstruction and major renovation of or to and painting of public facilities and includes the remodeling, alteration and emergency repair of buildings, other structures, real property, highways and roads. �Improvement or maintenance, not including routine maintenance� does not include minor alteration, ordinary repair or maintenance necessary in order to preserve a public facility.

�� (d) �Public agency� means the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter.

�� (e) �Public facility� means the works, buildings and grounds owned, leased or rented by a public agency and which are situated within the State of Oregon, and shall include any such works, buildings or grounds governed, managed or administered by the Oregon Department of Administrative Services. [1991 c.897 �2]

(Financing Construction, Maintenance and Repair)

�� 276.280 Definitions for ORS 276.285. As used in ORS 276.285:

�� (1) �Construction� means the building, installation or assembly of a new facility; the addition, expansion, alteration, conversion or replacement of an existing facility; or the relocation of a facility from one location to another. �Construction� includes the installation of equipment made a part of the facility and related site preparation.

�� (2) �Facility� means a building, structure, utility and other support systems, or other improvement upon real property.

�� (3) �Improvement� means additions to buildings, structures or other facilities that are intended to be permanent.

�� (4) �Maintenance� means activities to keep facilities in an efficient operating condition and that do not add to the value or extend the economic life of the facilities.

�� (5) �Operations� means activities to run and use a facility for its purpose.

�� (6) �Real property� means land and all buildings, structures and improvements thereon. �Real property� includes fixtures erected on, above or under the land, and includes landscaping, crops, fencing and other support elements.

�� (7) �Repair� means work done to restore worn or damaged real property or facilities to normal operating condition.

�� (8) �Replace� means to exchange or substitute a facility component for another component performing the same function at the same or higher level of performance or economy and in compliance with then current building code requirements. [1995 c.452 �9]

�� 276.285 Maintenance, preservation and development of state-owned property; dedicated accounts; rental program. (1) It is the policy of the State of Oregon to facilitate and encourage state agencies that own real property and operate facilities to manage and develop these properties in an effective and businesslike manner. The maintenance, preservation and development of state-owned real property and facilities, including, but not limited to, educational institutions, hospitals, parks, roads, libraries and fish hatcheries is essential to enable the State of Oregon to meet the needs of its citizens now and in the future. The purpose of chapter 452, Oregon Laws 1995, is to maintain and protect the investment of the State of Oregon in its public infrastructure.

�� (2) Any state agency that owns and operates real property or facilities is authorized to establish a separate dedicated account in the State Treasury for the purpose of paying the expenses of constructing, operating, maintaining, repairing, replacing, equipping, improving, acquiring and disposing of such real property and facilities. All moneys in an account established pursuant to this subsection are appropriated continuously to the agency for the purposes described in this subsection. All interest earned on moneys in the account shall be retained in and credited to the account.

�� (3) Any state agency that owns or operates real property or facilities may establish a rental program for the purpose of recovering and paying for the costs, including debt service, of constructing, operating, maintaining, repairing, replacing, equipping, improving and disposing of real property and facilities consistent with the statutory authority of the state agency. All revenues from such rental programs shall be deposited in the account established pursuant to subsection (2) of this section.

�� (4) Whenever a state agency that owns and operates real property and facilities, and that has an established account under subsection (2) of this section sells or leases real property, the proceeds from the sale or lease shall be credited to the account established pursuant to subsection (2) of this section, unless disposition of the proceeds is otherwise provided by law.

�� (5) If a state agency that owns and operates real property and facilities has other statutory authority to provide funding for real property and facility operation and management, the agency may use that authority in lieu of or in addition to the provisions of this section.

�� (6) When a state agency establishes an account pursuant to subsection (2) of this section, the agency shall provide a report of the revenues to and expenditures from the account as part of its budget submission to the Governor and the Legislative Assembly under ORS chapter 291. The establishment by state agencies of rental rates for real property or facilities pursuant to this section shall be on a biennial basis as part of the budget development process, but modification of the rates may be made during the interim between legislative sessions after a report to the Emergency Board of the proposed rate modification. [1995 c.452 �10; 2017 c.532 �13]

�� Note: Legislative Counsel has substituted �chapter 452, Oregon Laws 1995,� for the words �this Act� in section 10, chapter 452, Oregon Laws 1995, compiled as 276.285. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1995 Comparative Section Table located in Volume 22 of ORS.

ASSIGNMENT, LEASING AND RENTAL OF STATE BUILDINGS AND OTHER OFFICE QUARTERS

�� 276.385 Rentals for buildings other than State Capitol or Supreme Court Building. (1) Notwithstanding any other provision of law, the Oregon Department of Administrative Services shall fix rentals for space in buildings specified in ORS 276.004, and rentals or other charges for parking facilities. The rentals shall be fixed on a basis as nearly uniform as practicable to provide amounts:

�� (a) To pay the expenses of operating, maintaining and insuring and paying depreciation on the buildings controlled and managed by the department;

�� (b) To construct, improve, repair, equip and furnish additional buildings, structures and other projects for state government, and to purchase or improve sites therefor; and

�� (c) To provide amounts necessary to repay indebtedness, and the interest thereon, incurred to construct, improve, repair, equip and furnish buildings, structures and other projects for state government.

�� (2) The Oregon Department of Administrative Services shall negotiate with the Department of Transportation and other state agencies who own, operate or control state buildings to determine a fair rental rate when such facilities are to be used by other than the owning agency.

�� (3) Except in the case of the State Transportation Building and such other buildings owned or controlled by other state agencies, all rentals under this section shall be credited to the Oregon Department of Administrative Services Operating Fund. Rentals for the State Transportation Building, and such other state-owned buildings, are credited to the appropriate state fund for the purposes of that fund. [1969 c.706 �10; 1977 c.116 �4; 1977 c.598 �12; 1993 c.500 �21; 2005 c.755 �9]

�� 276.390 Submission of rent schedule to Emergency Board or Joint Interim Committee on Ways and Means. Not later than June 30 of each even-numbered year, the Oregon Department of Administrative Services shall submit to the Emergency Board or to the Joint Interim Committee on Ways and Means a schedule of rentals proposed for the biennium beginning on July 1 of the next calendar year. [1969 c.706 �11; 1977 c.598 �13; 2011 c.545 �36; 2012 c.107 �7; 2019 c.20 �1]

�� 276.410 Assignment of quarters to officers and state agencies. (1) The Oregon Department of Administrative Services shall assign state agencies office space in the buildings described in ORS 276.004 or in leased quarters as provided in ORS

ORS 279C.670

279C.670.

�� (4) This section does not apply to a public contract executed in connection with:

�� (a) The acquisition of renewable energy certificates;

�� (b) The acquisition, construction, improvement or equipping of, or the financing of any interest in, a renewable energy facility; or

�� (c) The acquisition or financing of any interest in electrical capacity needed to shape, firm or integrate electricity from a renewable energy facility.

�� (5) As used in this section:

�� (a) �Public contract� includes a contract, note, general obligation bond or revenue bond by which the people�s utility district or city or any subdivision of any of them is obligated to pay for or finance the acquisition of goods, services, materials, real property or any interest therein, improvement, betterments or additions from any funds, including receipts from rates or charges assessed to or collected from its customers.

�� (b) �Unconditional and unlimited financial obligation� means a public contract containing a provision that the people�s utility district or city that is party to the contract is obligated to make payments required by the contract whether or not the project to be undertaken thereunder is undertaken, completed, operable or operating notwithstanding the suspension, interruption, interference, reduction or curtailment of the output or product of the project. [1983 c.811 �1; 2003 c.794 �221; 2003 c.802 �75; 2007 c.301 �37]

�� Note: 261.253 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 261 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 261.255 Use of district money or property; revenue bonds. Any district of this state participating in common facilities under ORS 261.235 to 261.255 may furnish money and provide property, both real and personal, and to the extent and in the manner provided by ORS

ORS 283.076

283.076 for the amount necessary to restore the special revolving fund to the maximum authorized level of $10,000. The amount drawn shall be credited to a special revolving fund which shall be carried with the State Treasurer and shall be used by the department when it is necessary or desirable to make immediate payments.

�� (2) The Oregon Department of Administrative Services shall file at least once each month a verified voucher covering current disbursements from the special revolving fund. The voucher shall be accompanied by an itemized statement showing the names of the persons, firms or corporations to whom and the purposes for which the disbursements were made.

�� (3) Upon receipt of the voucher, the Oregon Department of Administrative Services shall draw a warrant on the State Treasurer in favor of the Oregon Department of Administrative Services payable out of the Oregon Department of Administrative Services Operating Fund. The amount drawn shall be deposited in the special revolving fund and shall be for a sum sufficient only to replenish the special revolving fund.

�� (4) In addition to the authority provided in ORS 293.180, the Oregon Department of Administrative Services is authorized to establish petty cash funds, in an amount not to exceed $250, out of the special revolving fund from which small cash disbursements, in payment of expenses, may be made. Periodically, a request for reimbursement of disbursements shall be made. Upon receipt of the warrant drawn on the State Treasurer, in favor of the Oregon Department of Administrative Services, payable out of the Oregon Department of Administrative Services Operating Fund, it shall be redeemed and the cash received used to replenish the petty cash fund. [1977 c.316 �2; 1981 c.106 �17; 1983 c.424 �1; 1989 c.84 �6; 1993 c.500 �38; 1997 c.109 �1]

CERTIFICATES OF PARTICIPATION FINANCING

�� 283.085 Definitions for ORS 283.085 to 283.092. As used in ORS 283.085 to 283.092:

�� (1) �Available funds� means funds appropriated or otherwise made available by the Legislative Assembly to pay amounts due under a financing agreement for the fiscal period in which the payments are due, unexpended proceeds of the financing agreement and reserves or other amounts that have been deposited in trust to pay amounts due under the financing agreement.

�� (2) �Credit enhancement agreement� means any agreement or contractual relationship between the state and any bank, trust company, insurance company, surety bonding company, pension fund or other financial institution providing additional credit on or security for a financing agreement or certificates of participation authorized by ORS 283.085 to 283.092.

�� (3) �Financing agreement� means a lease purchase agreement, an installment sale agreement, a loan agreement or any other agreement:

�� (a) To finance real or personal property that is or will be owned and operated by the state or any of its agencies;

�� (b) To finance infrastructure, including but not limited to telecommunications systems, systems for water, sewage, electricity, steam or natural gas and other equipment or improvements that are necessary or appropriate to support a facility that is, or will be, owned or operated by the state;

�� (c) To finance infrastructure components that are, or will be, owned or operated by a local government agency of this state if the Director of the Oregon Department of Administrative Services determines that financing the infrastructure facilitates the construction or operation of an adult or juvenile corrections facility or a public safety training facility owned or operated by the state or any of its agencies;

�� (d) To finance all or a portion of the state�s pension liabilities for retirement, health care or disability benefits, in an amount that produces net proceeds that do not exceed the State Treasurer�s estimate of those liabilities based on information provided to the State Treasurer by the Public Employees Retirement System;

�� (e) To finance:

�� (A) The release of all or a portion of the former Elliott State Forest from restrictions resulting from ownership of that forest by the Common School Fund; or

�� (B) Compensation paid to the Common School Fund for the preservation of noneconomic benefits of the forest through the imposition, transfer or sale of restrictions such as easements, use requirements or other methods that preserve noneconomic benefits of the forest for the public, including recreation, aesthetics, wildlife or habitat preservation or other environmental and quality of life considerations;

�� (f) To finance capital projects or purchases related to owning, operating or administering the Elliott State Research Forest; or

�� (g) To refinance previously executed financing agreements.

�� (4) �Financing costs� means costs or expenses that the director determines are necessary or desirable in connection with entering into financing agreements and maintaining the certificate of participation program, including but not limited to payment of:

�� (a) Amounts due under financing agreements;

�� (b) Costs and obligations the director or any other agency of the state incurs in connection with the exercise of a power granted by ORS 283.085 to 283.092; and

�� (c) Amounts due in connection with the investment of proceeds of financing agreements.

�� (5) �Personal property� means tangible personal property, software and fixtures.

�� (6) �Property rights� means, with respect to personal property, the rights of a secured party under ORS chapter 79A, and, with respect to real property, the rights of a trustee or lender under a lease authorized by ORS 283.089 (1)(e).

�� (7) �Software� means software and training and maintenance contracts related to the operation of computing equipment. [1989 c.1032 �1; 1993 c.500 �39; 1997 c.715 �3; 2001 c.718 �3; 2003 c.746 �9; 2007 c.783 �94; 2013 c.767 �3; 2017 c.570 �8; 2025 c.325 �5]

�� Note: 283.085 to 283.092 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 283.087 Financing agreements; limitations. (1) The Director of the Oregon Department of Administrative Services may enter into financing agreements in accordance with ORS 283.085 to 283.092.

�� (2) Financing agreements entered into under ORS 283.085 to 283.092 are subject to the following limitations:

�� (a) Neither the director nor any other agency of the state may pay amounts due under a financing agreement from any source other than available funds. If there are insufficient available funds to pay amounts due under a financing agreement, the lender may exercise any property rights which the state has granted to it in the financing agreement, against the property which was purchased with the proceeds of the financing agreement, and apply the amounts so received toward payments scheduled to be made by the state under the financing agreement.

�� (b) Neither the director nor any other agency of the state may grant property rights in property unless the property is being acquired, substantially improved or refinanced with proceeds of a financing agreement entered into under ORS

ORS 283.327

283.327, when purchasing or leasing vehicles;

�� (b) Adopting policies and rules that promote the goals set forth in this section; and

�� (c) Considering recommendations submitted in the report required by ORS 283.401 that relate to zero-emission vehicles and adopting the recommendations when feasible. [2019 c.565 �1; 2021 c.97 �22]

�� Note: 283.398 and 283.401 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 283.400 [1979 c.230 �1; repealed by 1991 c.399 �6]

�� 283.401 Report concerning utilization of zero-emission vehicles within state; recommendations for legislation. (1) On or before September 15 of each odd-numbered year, the State Department of Energy shall submit to the Governor and an interim committee of the Legislative Assembly related to the environment a report on adoption of zero-emission vehicles in this state and the progress the state is making to achieve reductions in greenhouse gas emissions in the transportation sector. The report shall provide:

�� (a) A review, using existing studies, market reports, polling data or other publicly available information, of the market in this state for zero-emission vehicles and any barriers to adopting zero-emission vehicles in this state;

�� (b) An assessment of the state�s progress in promoting the goals set forth in ORS 283.398; and

�� (c) The date on which the state is predicted to meet the goals set forth in ORS 283.398.

�� (2) The department may contract with third parties to assist in performing the duties described in subsection (1) of this section.

�� (3) The department shall assess the state�s progress under subsection (1)(b) of this section. The assessment must focus on commercially available, or near-commercially available, zero-emission vehicle technology, to the extent possible, and rely on existing studies, data and analysis. In the assessment, the department shall evaluate:

�� (a) Whether the transportation sector is on course to reduce the share of greenhouse gas emissions from motor vehicles, as defined in ORS 801.360, consistent with the greenhouse gas emissions reduction goals set forth in ORS 468A.205.

�� (b) The sales figures and numbers of zero-emission vehicles that are owned in Oregon, including forecasts as to whether:

�� (A) By 2020, 50,000 registered motor vehicles will be zero-emission vehicles;

�� (B) By 2025, at least 250,000 registered motor vehicles will be zero-emission vehicles;

�� (C) By 2030, at least 25 percent of registered motor vehicles, and at least 50 percent of new motor vehicles sold annually, will be zero-emission vehicles; and

�� (D) By 2035, at least 90 percent of new motor vehicles sold annually will be zero-emission vehicles.

�� (c) The sales figures and numbers of zero-emission vehicles that are owned in Oregon, differentiated, to the extent feasible, by demographic factors, including whether persons that own zero-emission vehicles reside in urban or rural areas.

�� (d) The availability and reliability of public and private electric vehicle charging infrastructure that is needed to support the targets for zero-emission vehicle sales and registration identified in paragraph (b) of this subsection. The department shall assess reliability under this paragraph only if the department requests and obtains information on reliability from providers of electric vehicle charging infrastructure.

�� (e) The incremental purchase cost difference, before and after federal and state incentives, between the purchase cost of a zero-emission vehicle and the purchase cost of a comparable vehicle powered by an internal combustion engine.

�� (f) The zero-emission vehicles that are available for purchase in all market segments.

�� (g) Oregonians� awareness of motor vehicle options, the benefits of owning zero-emission vehicles and the true costs of motor vehicle ownership.

�� (h) The carbon intensity of fuel consumed by the Oregon transportation sector as a whole.

�� (i) The general progress toward electrification of all fossil fuel-based transportation modes.

�� (j) Opportunities to minimize impacts to the electric grid from transportation electrification, including rate design, managed charging, vehicle-to-grid services and electricity conservation techniques.

�� (k) In consultation with the Department of Transportation, the impact of the sales and ownership of zero-emission vehicles on revenues that would otherwise accrue to the State Highway Fund under ORS 366.505.

�� (4) If the State Department of Energy determines that the state is not on course to meet the goals set forth in ORS 283.398, the department shall make recommendations in the report required by this section, including recommendations for legislation. Recommended legislation:

�� (a) May not mandate required levels of motor vehicle sales.

�� (b) Must promote the zero-emission vehicle market, address barriers to adoption of zero-emission vehicles in the light-duty portion of the transportation sector, encourage transportation electrification and further the goals set forth in ORS 283.398. [2019 c.565 �2]

�� Note: See note under 283.398.

�� 283.405 [1979 c.230 �2; repealed by 1991 c.399 �6]

ELECTRIC VEHICLE CHARGING SYSTEMS

�� 283.410 Conditions for installation of electric vehicle charging systems authorized or funded by state agencies; exception. (1) As used in this section:

�� (a) �Electric vehicle charging system� means an electrical system or device used solely for the delivery of electrical current for the purpose of charging one or more electric vehicles.

�� (b) �Equivalent training program� means a registered apprenticeship or continuing education electrician program for the installation of an electric vehicle charging system that is developed in accordance with a national guideline standard approved by the United States Department of Labor, in consultation with the United States Department of Transportation, and approved by the Electrical and Elevator Board.

�� (c) �State agency� means any state office, department, division, bureau, board or commission or any other state agency.

�� (2)(a) A state agency that authorizes or funds, in whole or in part, the installation of an electric vehicle charging system to be located on the customer�s side of the meter shall require as a condition of the authorization or funding that:

�� (A) The electric vehicle charging system be installed by a contractor or contractors who hold all licenses legally required to perform the electrical installation work;

�� (B) The electric vehicle charging system be installed by a contractor or contractors who hold an Electric Vehicle Infrastructure Training Program or equivalent training program certification; and

�� (C) One or more electricians who hold an Electric Vehicle Infrastructure Training Program or equivalent training program certification supervise or participate in the installation work for the periods during which electrical installation work is being performed.

�� (b) In addition to the requirements under paragraph (a) of this subsection, when the installation is for an electric vehicle charging system to be located on the customer�s side of the meter that will supply 25 or more kilowatts to an electric vehicle, the state agency shall require that at least 25 percent of electricians who are present and working on the installation hold Electric Vehicle Infrastructure Training Program or equivalent training program certifications.

�� (3) The requirements under this section do not apply to the installation of an electric vehicle charging system for a single-family dwelling, townhouse or multifamily residential building with four or fewer residential units. [2023 c.577 �1; 2023 c.577 �2]

�� Note: 283.410 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MASTER ASBESTOS MANAGEMENT PLAN

�� 283.415 Legislative findings; policy. The Legislative Assembly finds and declares that:

�� (1) Asbestos has been found to be a human carcinogen. There is no known safe level for human exposure to asbestos. Ailments caused by asbestos can become manifest many years after exposure.

�� (2) In a decayed or damaged state, asbestos can pose a health risk to employees, adults in custody, patients or residents of state institutions. This state does not know where asbestos-containing materials exist in its buildings nor in what condition those materials are to be found.

�� (3) It is the goal of the Legislative Assembly to assure that state facilities are safely maintained and operated. It is, therefore, the policy of the Legislative Assembly that:

�� (a) A Master Asbestos Management Plan be developed that will assure orderly well-reasoned asbestos control and abatement.

�� (b) As any conditions of immediate hazard to health become known, they be acted on promptly in accordance with the Master Asbestos Management Plan.

�� (c) The plan include standards for employee awareness and training.

�� (d) The Oregon Department of Administrative Services be the agency to develop and centrally manage the plan for this state.

�� (e) Each agency cooperate fully in carrying out the plan.

�� (f) The State of Oregon engage in a long-term commitment to control the asbestos hazard in state facilities through control and abatement. [1989 c.1037 �1; 2019 c.213 �128]

�� Note: 283.415 to 283.425 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 283.417 Definitions for ORS 283.415 to 283.425. As used in ORS 283.415 to 283.425, unless the context requires otherwise:

�� (1) �Agency� means each branch, institution, department, board or commission of the state which owns, leases or operates facilities capable of containing asbestos.

�� (2) �Asbestos abatement� means measures to control fiber release from asbestos-containing materials, including its removal, encapsulation and enclosure.

�� (3) �Department� means the Oregon Department of Administrative Services. [1989 c.1037 �2; 1993 c.500 �42]

�� Note: See note under 283.415.

�� 283.419 Department to develop and administer asbestos abatement standards, plans and procedures. The Oregon Department of Administrative Services shall develop and administer standards, plans and procedures for the abatement of asbestos by all agencies in all state-owned, leased or operated facilities. Standards, plans and procedures include development of:

�� (1) A survey of all state-owned, leased or operated facilities to identify the presence, nature and condition of or the absence of asbestos-containing materials in each one.

�� (2) An establishment of priorities of facilities for abatement in order of the nature or extent of asbestos exposure they present.

�� (3) Specifications and standards for acceptable asbestos abatement practices, projects and materials management.

�� (4) A checklist to guide and advise agency investigation, planning and implementation of asbestos abatement.

�� (5) Standard bid specifications, criteria for awarding bids and contract language for asbestos related contracts.

�� (6) A state government emergency response plan to deal with any facilities presenting extreme and immediate risk.

�� (7) Employee awareness, training and worker protection plans.

�� (8) Such other standards, plans and procedures as the department may require for the safe and economical abatement of asbestos by agencies. [1989 c.1037 �3; 2005 c.22 �202]

Note: See note under 283.415.

�� 283.421 Agency responsibility for abatement of asbestos. Each agency shall take the necessary steps for abatement of asbestos in its facilities in conformance with the standards, plans and procedures approved by the Oregon Department of Administrative Services. Those steps shall include:

�� (1) Making inspections and providing information as requested by the department.

�� (2) Scheduling its structures for necessary abatement consistent with the department�s priorities.

�� (3) Contracting for or performing any necessary abatement in accordance with department standards, plans and procedures for abatement.

�� (4) Training appropriate agency employees to recognize and work safely with asbestos-containing materials to comply with applicable regulations of the Department of Consumer and Business Services and Department of Environmental Quality. [1989 c.1037 �4; 1993 c.744 �224]

�� Note: See note under 283.415.

�� 283.423 Expenses of department. The expenses of the Oregon Department of Administrative Services, as approved by the Legislative Assembly or the Emergency Board, for developing and administering the state�s plans for asbestos abatement and for property damage recovery litigation by the Department of Justice, unless the Legislative Assembly or the Emergency Board provides otherwise, shall be paid by assessment against the agencies owning, leasing or operating facilities based on square footage of affected buildings and lineal footage of affected tunnels. [1989 c.1037 �5]

�� Note: See note under 283.415.

�� 283.425 Costs of litigation. The costs of asbestos property damage recovery litigation incurred by the Department of Justice shall be charged to the Oregon Department of Administrative Services pursuant to ORS 180.160 and 180.170. [1989 c.1037 �6]

�� Note: See note under 283.415.

�� 283.500 [1995 c.634 �1; renumbered

ORS 284.786

284.786 upon identifying such laws.

�� (4) To enter into an agreement with a third-party administrator, subject to approval by the Oregon Business Development Department under ORS 284.783, pursuant to which the third-party administrator shall operate one or more programs to award grants and make loans in accordance with ORS 284.791.

�� (5) To facilitate collaboration among employers, local governments, state agencies and stakeholders for the purpose of enhancing and expanding workforce development and economic development in the region.

�� (6) To consult with affected school districts, community colleges and universities and the Employment Department in identifying policies and strategies that will enhance and promote workforce development to improve the availability of a qualified workforce for employers in the region.

�� (7) To adopt rules that define the region more specifically and to consult with the Oregon Business Development Department in the rulemaking process.

�� (8) To prescribe the form of the application required under ORS 284.791 (3). [2017 c.703 �4; 2019 c.72 �2; 2020 s.s.1 c.9 �3]

�� 284.783 Agreement with third-party administrator. (1) Upon finalizing a proposed agreement with a third-party administrator pursuant to ORS 284.781 (4), the Eastern Oregon Border Economic Development Board shall submit the proposed agreement to the Oregon Business Development Department.

�� (2) The department shall review the proposed agreement and if the department determines that the agreement is sufficient for the purposes of ORS 284.771 to 284.801, department shall:

�� (a) Notify the board and the third-party administrator of its determination; and

�� (b) Distribute to the third-party administrator all moneys in the Eastern Oregon Border Economic Development Board Fund established under ORS 284.801 that are available for the purpose of awarding grants and making loans in accordance with ORS 284.791.

�� (3)(a) If the department determines that the proposed agreement is not sufficient, the department shall return the agreement to the board with recommendations for revising or rejecting the agreement.

�� (b) The board may consult with the department regarding the department�s recommendations and, with the department�s approval, resubmit the agreement with appropriate changes as necessary.

�� (4)(a) The board or the third-party administrator may terminate the agreement at any time.

�� (b) Upon termination of the agreement by either party, the third-party administrator shall transfer all unspent and unobligated moneys remaining from the moneys distributed under subsection (2) of this section to the department for deposit in the Eastern Oregon Border Economic Development Board Fund. [2020 s.s.1 c.9 �6]

�� 284.785 [1987 c.911 �11; repealed by 2005 c.80 �7]

�� 284.786 Identification of laws that place region�s development efforts at disadvantage. (1) Upon identifying a specific law in accordance with ORS 284.781 (3), the Eastern Oregon Border Economic Development Board:

�� (a) May recommend to the agency, board or commission that imposes or administers the law that the agency, board or commission consider an exception or waiver to the law in order to assist in workforce development and economic development efforts in the Eastern Oregon Border Economic Development Region. Within 60 days of receiving a recommendation from the Eastern Oregon Border Economic Development Board under this paragraph, the agency, board or commission shall review the recommendation and hold a public hearing in the region, or otherwise consider information from the public and stakeholder entities, to determine whether:

�� (A) The law has repeatedly posed a disadvantage to workforce development or economic development in the region in the last five years compared to comparable laws, rules or other forms of regulation imposed by the State of Idaho or a political subdivision of the State of Idaho; and

�� (B) An exception or waiver to the specific law may be made for the purpose of furthering workforce development or economic development in the region.

�� (b) If the agency, board or commission determines that an exception or waiver may not be made under paragraph (a) of this subsection, may recommend to the agency, board or commission or to the Legislative Assembly that a specific exception or waiver be made for the purpose of workforce development or economic development in the region.

�� (2) The Eastern Oregon Border Economic Development Board may not recommend an exception or waiver to a specific law if:

�� (a) The exception or waiver to the law is not permitted by law; or

�� (b) The law relates to employment or state taxation. [2017 c.703 �5; 2019 c.72 �3; 2020 s.s.1 c.9 �4]

�� 284.790 [1987 c.911 �12; 1993 c.18 �49; 1997 c.631 �438; repealed by 2005 c.80 �7]

�� 284.791 Grant and loan programs to expand development; eligibility; applications; rules; fees; moneys to be retained for programs. (1)(a) Subject to available funds, the third-party administrator shall operate one or more programs to award grants and make loans to eligible applicants to enhance and expand workforce development or economic development in the Eastern Oregon Border Economic Development Region.

�� (b) No more than 10 programs may be active at any time. A program is active as long as any loan made through the program remains outstanding or any work or project funded or financed by a grant awarded through the program has not been completed in accordance with the grant agreement.

�� (2) Eligible applicants for grants and loans include, but are not limited to:

�� (a) Local governments;

�� (b) Institutions of higher education as defined in ORS 348.582;

�� (c) Private or nonprofit businesses whose principal place of business, or the majority of whose workforce, is located in the region;

�� (d) Small business development centers established under ORS 285B.165 to 285B.171;

�� (e) Economic development organizations;

�� (f) School districts; and

�� (g) Other types of entities specified by the Eastern Oregon Border Economic Development Board by rule.

�� (3)(a) An eligible applicant may apply to the third-party administrator for a grant or loan. The third-party administrator may not consider an application unless the application is timely and accompanied by any required application fee. The third-party administrator shall prescribe deadlines for the application process.

�� (b) An applicant must demonstrate that the grant or loan moneys will be used for:

�� (A) Economic development that will lead to private investment, job creation or retention and the establishment or expansion of viable businesses in the region;

�� (B) Expansion of transportation infrastructure to facilitate moving traded sector goods or services in the region to market;

�� (C) Enhancement and expansion of workforce development in the region, including development of residential housing necessary to attract and keep employees in the region, that is responsive to the needs of the region�s businesses and industries;

�� (D) Certification of regionally significant industrial sites within the region;

�� (E) Extension of private utilities, including, but not limited to, gas and electrical connections, to regionally significant industrial sites within the region;

�� (F) A due diligence assessment pursuant to the Oregon Industrial Site Readiness Assessment Program under ORS 285B.635 to 285B.640 or other assessments or evaluations that prepare a site for development; or

�� (G) Provision of support services and technical assistance to entrepreneurs and business owners in the region, including, but not limited to, small business development centers established under ORS 285B.165 to 285B.171.

�� (c) Applications for loans must contain a proposed plan for repayment with interest of moneys borrowed from the third-party administrator under this section.

�� (d) The board shall adopt rules that, at a minimum, establish criteria for awarding grants and making loans under this section, in addition to the criteria set forth in paragraph (b) of this subsection.

�� (4) Loans may not be made under this section for a term that exceeds the useful life of the work or project for which the loan funds will be used or a specified number of years from completion of the work or project, whichever is less.

�� (5) Amounts paid as grants and loans shall not constitute a debt of the state or a lending of the credit of the state within the meaning of any statutory limitation and are not intended to constitute a debt of the state or a lending of the credit of the state within the meaning of any constitutional limitation.

�� (6) The third-party administrator shall consider applications for grants and loans under this section by:

�� (a) Evaluating timelines for completion of work and projects for which grant or loan moneys requested in the application will be used;

�� (b) Investigating whether necessary permits for development, if needed, have been or can be secured in a timely manner;

�� (c) Assessing the ability of the applicant to repay the grant or loan; and

�� (d) Applying any other methods or criteria the third-party administrator considers necessary or convenient for the purpose.

�� (7) The agreement between the board and the third-party administrator shall include limits on administrative fees, including, but not limited to, application fees, under this section that the third-party administrator may collect or retain from grant and loan proceeds.

�� (8) The third-party administrator may enter into an agreement with a lending partner for the purpose of administering loans made under this section.

�� (9) The following moneys shall be retained and accumulated by the third-party administrator to be used for the purposes set forth in ORS 284.771 to 284.801:

�� (a) Moneys received as repayment of loans;

�� (b) Moneys received as repayment of grant proceeds in the event of default by the grantee under the grant agreement;

�� (c) Interest and other receipts from outstanding indebtedness; and

�� (d) Moneys from any other sources received pursuant to an agreement entered into pursuant to ORS 284.781 (4).

�� (10) The agreement shall specify the amount of moneys distributed under ORS 284.783 that the third-party administrator may retain for expenses incurred in operating grant and loan programs under this section. [2017 c.703 �6; 2019 c.72 �4; 2020 s.s.1 c.9 �7]

�� 284.793 Annual submission of program information by third-party administrator; board report to legislature. (1) On or before June 30 of each year, the third-party administrator shall submit the following information from the previous 12 months to the Eastern Oregon Border Economic Development Board:

�� (a) The number of businesses or regionally significant industrial sites that were assisted with grants awarded and loans made through programs under ORS 284.791;

�� (b) The types and amount of resources leveraged by the grant and loan moneys;

�� (c) The return on investment, performance and outcome with respect to jobs and wages in any area of the Eastern Oregon Border Economic Development Region in which grant and loan moneys were utilized; and

�� (d) Any other information the third-party administrator considers useful in evaluating the experience of the grant and loan programs.

�� (2)(a) On or before September 15 of each year, the Eastern Oregon Border Economic Development Board, jointly with the Oregon Business Development Department, shall submit a report to the Legislative Assembly, in the manner required under ORS 192.245, that sets forth the information received from the third-party administrator under subsection (1) of this section and any other information from any source that the Eastern Oregon Border Economic Development Board thinks convenient or necessary for evaluating the administration and experience of the grant and loan program established under ORS 284.771 to 284.801.

�� (b) The Eastern Oregon Border Economic Development Board�s report may include recommendations for legislation and strategies to improve workforce development and economic development in the region. [2020 s.s.1 c.9 �11; 2022 c.76 �7]

�� 284.795 [1987 c.911 �13; repealed by 2005 c.80 �7]

�� 284.796 Rulemaking. The Eastern Oregon Border Economic Development Board shall adopt rules to implement and administer the provisions of ORS 284.771 to 284.801 and may consult with the Oregon Business Development Department in the rulemaking process. [2017 c.703 �7; 2020 s.s.1 c.9 �8]

�� 284.797 Residency preference for civil service positions in region. (1) As used in this section:

�� (a) �Civil service position� means any position, regardless of whether it is labeled a �civil service position,� for which a hiring or promotion decision is made or required to be made based on the results of a merit based, competitive process that includes, but is not limited to, consideration of an applicant�s or employee�s relative ability, knowledge, experience and other skills.

�� (b) �Public employer� means a public body, as defined in ORS 174.109, and any person authorized to act on behalf of the public body, with respect to the control, management or supervision of any employee of the public body.

�� (c) �Resident applicant� means an applicant for a civil service position whose primary residence is located in Malheur County.

�� (2) This section applies to a civil service position if the majority of the work of the position will be performed within the Eastern Oregon Border Economic Development Region.

�� (3) Except as provided in subsection (7)(b) of this section, a public employer shall grant a preference to any resident applicant for a vacant civil service position, or for promotion to a civil service position with a higher maximum salary rate, who:

�� (a)(A) Successfully completes an initial application screening or an application examination for the position; or

�� (B) Successfully completes a civil service test the public employer administers to establish eligibility for the position; and

�� (b) Meets the minimum qualifications and any special qualifications for the position.

�� (4) The public employer shall grant the preference in the following manner:

�� (a) For an initial application screening used to develop a list of persons for interviews, the public employer shall add five percentage points to a resident applicant�s score.

�� (b) For an application examination, given after the initial application screening, that results in a score, the public employer shall add five percentage points to the total combined examination score of a resident applicant without allocating the points to any single feature or part of the examination.

�� (c) For an application examination that consists of an interview, an evaluation of the resident applicant�s performance, experience or training, a supervisor�s rating or any other method of ranking an applicant that does not result in a score, the public employer shall give a preference to the resident applicant. A public employer that uses an application examination of the type described in this paragraph shall devise and apply methods by which the public employer gives special consideration in the public employer�s hiring decision to resident applicants.

�� (5) Except as provided in subsection (6) of this section, the system of giving preferences under this section does not require a public employer to appoint a resident applicant to a civil service position.

�� (6) A public employer shall appoint an otherwise qualified resident applicant to a vacant civil service position if the results of the resident applicant�s application examination, when combined with the resident applicant�s preference percentage points, are equal to or higher than the results of an application examination for an applicant who is not a resident applicant.

�� (7)(a) A resident applicant who is appointed to a civil service position under this section must maintain residency in Malheur County for at least five consecutive years following the date on which the employment begins. Failure to maintain residency in Malheur County for this period shall be considered a voluntary termination of the employment.

�� (b) Paragraph (a) of this subsection does not apply to a resident applicant who elects in writing at the beginning of the application process to forgo the preference available under this section.

�� (c) The Eastern Oregon Border Economic Development Board, in consultation with the governing body of Malheur County, may prescribe a method by which employees holding civil service positions described in subsection (2) of this section who received a preference under this section annually notify their employers of the county in which their primary residence is located. The notice shall include any documentation the board considers necessary to confirm the residency and shall be made under penalties for false swearing under ORS 162.075.

�� (8) Violation of this section is an unlawful employment practice.

�� (9) A resident applicant claiming to be aggrieved by a violation of this section may file a verified written complaint with the Commissioner of the Bureau of Labor and Industries in accordance with ORS 659A.820.

�� (10) Nothing in this section precludes or preempts the policy of a jurisdiction, any part of which is located within the Eastern Oregon Border Economic Development Region, that is equally or more protective of local applicants for civil service positions. [2021 c.509 �2]

�� 284.800 [Formerly 447.800; 1991 c.11 �15; renumbered 285.253 in 1991]

�� 284.801 Eastern Oregon Border Economic Development Board Fund. (1) The Eastern Oregon Border Economic Development Board Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Eastern Oregon Border Economic Development Board Fund shall be credited to the fund.

�� (2) Moneys in the fund are continuously appropriated to the Oregon Business Development Department for distribution to the third-party administrator under ORS 284.783.

�� (3) Moneys in the Eastern Oregon Border Economic Development Board Fund consist of:

�� (a) Moneys returned to the fund upon termination of an agreement pursuant to ORS 284.783 (4)(b);

�� (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

�� (c) Amounts donated to the fund;

�� (d) Moneys transferred to the fund from the federal government, state agencies or local governments;

�� (e) Lottery bond proceeds allocated by the Legislative Assembly for deposit in the fund;

�� (f) Earnings received on moneys in the fund; and

�� (g) Other amounts deposited in the fund from any source. [2017 c.703 �8; 2019 c.72 �5; 2020 s.s.1 c.9 �9]

�� 284.805 [Formerly 447.805; renumbered

ORS 285.380

285.380 in 1991]

�� 280.385 [1975 c.316 �16; 1983 c.459 �12; renumbered 285.385 in 1991]

�� 280.390 [1975 c.316 �17; 1979 c.284 �130; renumbered 285.390 in 1991]

�� 280.393 [1983 c.459 �6; 1989 c.908 �37; renumbered 285.393 in 1991]

�� 280.395 [1983 c.459 �7; 1989 c.966 �14; renumbered 285.395 in 1991]

�� 280.397 [1983 c.459 �8; 1985 c.806 �7; 1987 c.840 �5; 1989 c.908 �38; renumbered 285.397 in 1991]

CITY AND COUNTY ECONOMIC DEVELOPMENT PROJECTS

(Cities)

�� 280.410 Definitions for ORS 280.410 to 280.485. As used in ORS 280.410 to 280.485 unless the context requires otherwise:

�� (1)(a) �Economic development project� includes any properties, real or personal, used or useful in connection with a revenue producing enterprise.

�� (b) �Economic development project� also includes multiple unit residential housing development, including low income single room occupancy housing, on land having an assessed valuation of $8 per square foot or more on September 13, 1975, land within a designated urban renewal or redevelopment area formed pursuant to ORS chapter 457, or projects which benefit low or moderate income tenants, or address slum and blight as defined by the 1974 Housing and Community Development Act.

�� (c) �Economic development project� shall not include any facility or facilities designed primarily for the operation, transmission, sale or distribution of electrical energy.

�� (2) �Eligible project� means an economic development project found by the city to meet standards adopted pursuant to ORS 280.410 to 280.485.

�� (3) �City� means any city with a population of 70,000 or more.

�� (4) �Cost� as applied to any project includes:

�� (a) The cost of construction and reconstruction;

�� (b) The cost of acquisition of property, including rights in land and other property, both real and personal and improved and unimproved and the cost of site improvements;

�� (c) The cost of demolishing, removing or relocating any buildings or structures on lands so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved or relocated;

�� (d) The cost of eligible machinery and equipment and related financing charges;

�� (e) The cost of engineering and architectural surveys, plans and specifications;

�� (f) The cost of financing charges and interest prior to and during construction, and if deemed advisable by the city for a period not exceeding one year after completion of construction; and

�� (g) The cost of consultant and legal services, other expenses necessary or incident to determining the feasibility or practicability of constructing a project, administrative and other expenses necessary or incident to the construction of the project, including, but not limited to, costs of relocation and moving expenses according to a project plan developed by the city, and the financing of the construction of the project thereof, including reimbursement to any state or other governmental agency or any lessee of such project for the expenditures made with the approval of the city that would be costs of the project under ORS 280.410 to 280.485 had they been made directly by the city.

�� (5) �Low income� means an income not exceeding 80 percent of the prevailing median income, based on family size, within the city. [1977 c.772 �2; 1979 c.865 �1; 1981 c.368 �1; 1991 c.560 �1; 2003 c.286 �1]

�� 280.415 Legislative findings. The Legislative Assembly finds that:

�� (1) Cities with a population of 70,000 or more should be granted the powers granted to the state by ORS 285B.320 to 285B.371 in order to reduce substantially within their boundaries the occurrence of economic conditions requiring more expensive remedial action. There exist in Oregon�s larger cities substantial adverse economic conditions requiring immediate remedial action. Such conditions include decreasing opportunities for gainful employment and lack of sites and facilities for orderly and necessary retail, commercial and industrial growth. Amelioration of these conditions is deemed a public purpose and the acquisition of property for such purpose is deemed a public use. To meet the needs of these cities it is necessary to grant them full authority to undertake and complete development and redevelopment projects, and to assist public and private organizations engaged in such projects, including the issuance of industrial or other nonrecourse revenue bonds. It is the purpose of ORS 280.410 to 280.485 to authorize the exercise of such powers by cities with a population of 70,000 in addition to and not in lieu of any other powers such cities may possess.

�� (2) The lack of residential housing in the core and inner areas of Oregon�s larger cities also is a cause of adverse economic conditions. Development of housing in such areas can be a factor which contributes to orderly economic growth by providing decent housing for workers necessary to attract and promote desirable retail, commercial and industrial growth. Therefore it is also the purpose of ORS 280.410 to

ORS 285A.010

285A.010.

�� (2) �Regionally significant industrial area� means an area planned and zoned for industrial use that:

�� (a) Contains vacant sites, including brownfields, that are suitable for the location of new industrial uses or the expansion of existing industrial uses and that collectively can provide significant additional employment in the region;

�� (b) Has site characteristics that give the area significant competitive advantages that are difficult or impossible to replicate in the region;

�� (c) Has superior access to transportation and freight infrastructure, including, but not limited to, rail, port, airport, multimodal freight or transshipment facilities, and other major transportation facilities or routes; and

�� (d) Is located in close proximity to major labor markets. [2011 c.564 �6]

�� Note: 197.722 to 197.728 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 197.723 Designation of regionally significant industrial areas; rules. (1) Within three years after June 28, 2011, in cooperation with local governments and private industry, the Economic Recovery Review Council, by rule, shall designate at least five and not more than 15 regionally significant industrial areas. The council shall base the designation of regionally significant industrial areas on the criteria in the definition of �regionally significant industrial area� and the judgment of the council concerning the relative importance of the areas in terms of potential, long-term job creation.

�� (2) A local government may nominate a regionally significant industrial area for designation by the council.

�� (3) An area containing multiple sites certified by the Oregon Business Development Department as ready for development within six months or less is eligible for designation by the council if the area is a regionally significant industrial area.

�� (4) In addition to demonstrating compliance with other provisions of law, including, but not limited to, a statewide land use planning goal concerning economic development and rules implementing the goal, the future employment potential of a regionally significant industrial area shall be protected from conflicting development in the following ways:

�� (a) A local government may not adopt a provision of a comprehensive plan or land use regulation that prevents industrial uses within the area.

�� (b) A local government may not adopt a provision of a comprehensive plan or land use regulation that allows new nonindustrial uses within the area that conflict with existing or planned industrial uses.

�� (c) A local government may not decrease the land area planned or zoned for industrial uses within the regionally significant industrial area.

�� (d) A local government may adopt a provision of a comprehensive plan or land use regulation, including development standards or overlay zones, that restricts the type or extent of current or future industrial uses within the area, but only if the local government mitigates at the same time the effect of the new provision by:

�� (A) Clearly maintaining or increasing the industrial employment potential of the area; and

�� (B) Clearly maintaining the important site characteristics and functions that led to the designation of the site as a regionally significant industrial area.

�� (5) Subsection (4) of this section does not apply to a provision of a comprehensive plan or land use regulation that is necessary:

�� (a) To protect public health or safety; or

�� (b) To implement federal law.

�� (6) If 50 percent of the developable land within a regionally significant industrial area has not been developed within 10 years after designation of the area, the council shall remove the designation, unless landowners representing a majority of the land within the area request that the designation be continued.

�� (7) Within a regionally significant industrial area, a new industrial use or the expansion of an existing industrial use is eligible for an expedited industrial land use permit issued under ORS 197.724 if the new or expanded use does not require a change to the acknowledged comprehensive plan or land use regulations.

�� (8) In addition to other criteria for distribution of available funds, the Oregon Infrastructure Finance Authority and the Oregon Transportation Commission may consider the designation of an area as a regionally significant industrial area in prioritizing funding for transportation and other public infrastructure.

�� (9) ORS 197.722 to 197.728 do not apply to land in the Willamette River Greenway Plan boundary between river mile 1 and river mile 11. [2011 c.564 �7]

�� Note: See note under 197.722.

�� 197.724 Review of application for land use permit within regionally significant industrial area. (1) An applicant for a new industrial use or the expansion of an existing industrial use located within a regionally significant industrial area may request that an application for a land use permit be reviewed as an application for an expedited industrial land use permit under this section if the proposed use does not require:

�� (a) An exception taken under ORS 197.732 to a statewide land use planning goal;

�� (b) A change to the acknowledged comprehensive plan or land use regulations of the local government within whose land use jurisdiction the new or expanded industrial use would occur; or

�� (c) A federal environmental impact statement under the National Environmental Policy Act.

�� (2) If the applicant makes a request that complies with subsection (1) of this section, the local government shall review the applications for land use permits for the proposed industrial use by applying the standards and criteria that otherwise apply to the review and by using the procedures set forth for review of an expedited land division in ORS 197A.140. [2011 c.564 �8; 2025 c.476 �32]

�� Note: See note under 197.722.

�� 197.725 [1973 c.482 �4; repealed by 1977 c.665 �24]

�� 197.726 [2011 c.564 �9; repealed by 2025 c.476 �21]

�� 197.727 [2011 c.564 �10; repealed by 2025 c.476 �21]

�� 197.728 Rules. The Land Conservation and Development Commission shall administer regionally significant industrial areas and may adopt rules as necessary to implement ORS 197.722 to 197.728. [2011 c.564 �11]

�� Note: See note under 197.722.

�� 197.729 Local government encouragement of microgrids. (1) As used in this section:

�� (a) �Community microgrid� means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under this section.

�� (b) �Consumer-owned utility,� �electric company� and �governing body� have the meanings given those terms in ORS 757.600.

�� (c) �Microgrid� means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that functions as a single controllable system, irrespective of whether the microgrid is operating independently of or in conjunction with an electric grid.

�� (2) A local government may:

�� (a) Adopt land use regulations that correspond to microgrid zones to encourage development that is compatible with microgrids and community microgrids.

�� (b) Designate a geographical area based on existing electric service infrastructure located within the jurisdiction of the local government as a microgrid zone, subject to the approval of:

�� (A) The Public Utility Commission, if the microgrid zone is located within the service territory of an electric company; or

�� (B) The governing body of a consumer-owned utility, if the microgrid zone is located within the service territory of a consumer-owned utility.

�� (c) Enter into an intergovernmental agreement with one or more local governments to designate a geographical area based on existing electric service infrastructure located within and across the jurisdictions of the local governments as a microgrid zone, subject to the approval of:

�� (A) The commission, if the microgrid zone is located within the service territory of an electric company; or

�� (B) The governing body of a consumer-owned utility, if the microgrid zone is located within the service territory of a consumer-owned utility. [2025 c.472 �7]

�� 197.730 [1973 c.482 �6; repealed by 1977 c.665 �24]

GOAL EXCEPTIONS

�� 197.732 Goal exceptions; criteria; rules; review. (1) As used in this section:

�� (a) �Compatible� is not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses.

�� (b) �Exception� means a comprehensive plan provision, including an amendment to an acknowledged comprehensive plan, that:

�� (A) Is applicable to specific properties or situations and does not establish a planning or zoning policy of general applicability;

�� (B) Does not comply with some or all goal requirements applicable to the subject properties or situations; and

�� (C) Complies with standards under subsection (2) of this section.

�� (2) A local government may adopt an exception to a goal if:

�� (a) The land subject to the exception is physically developed to the extent that it is no longer available for uses allowed by the applicable goal;

�� (b) The land subject to the exception is irrevocably committed as described by Land Conservation and Development Commission rule to uses not allowed by the applicable goal because existing adjacent uses and other relevant factors make uses allowed by the applicable goal impracticable; or

�� (c) The following standards are met:

�� (A) Reasons justify why the state policy embodied in the applicable goals should not apply;

�� (B) Areas that do not require a new exception cannot reasonably accommodate the use;

�� (C) The long term environmental, economic, social and energy consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed site; and

�� (D) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts.

�� (3) The commission shall adopt rules establishing:

�� (a) That an exception may be adopted to allow a use authorized by a statewide planning goal that cannot comply with the approval standards for that type of use;

�� (b) Under what circumstances particular reasons may or may not be used to justify an exception under subsection (2)(c)(A) of this section; and

�� (c) Which uses allowed by the applicable goal must be found impracticable under subsection (2) of this section.

�� (4) A local government approving or denying a proposed exception shall set forth findings of fact and a statement of reasons that demonstrate that the standards of subsection (2) of this section have or have not been met.

�� (5) Each notice of a public hearing on a proposed exception shall specifically note that a goal exception is proposed and shall summarize the issues in an understandable manner.

�� (6) Upon review of a decision approving or denying an exception:

�� (a) The Land Use Board of Appeals or the commission shall be bound by any finding of fact for which there is substantial evidence in the record of the local government proceedings resulting in approval or denial of the exception;

�� (b) The board upon petition, or the commission, shall determine whether the local government�s findings and reasons demonstrate that the standards of subsection (2) of this section have or have not been met; and

�� (c) The board or commission shall adopt a clear statement of reasons that sets forth the basis for the determination that the standards of subsection (2) of this section have or have not been met.

�� (7) The commission shall by rule establish the standards required to justify an exception to the definition of �needed housing� authorized by ORS 197A.348.

�� (8) An exception acknowledged under ORS 197.251, 197.625 or 197.630 (1) (1981 Replacement Part) on or before August 9, 1983, continues to be valid and is not subject to this section. [1983 c.827 �19a; 1995 c.521 �3; 2005 c.67 �1; 2007 c.71 �68; 2011 c.354 �6]

�� 197.734 Exceptions to certain statewide planning goal criteria; rules. (1) The Land Conservation and Development Commission shall adopt or amend rules regarding the statewide planning goal criteria described in ORS 197.732 (2)(a) and (b). The rules adopted or amended pursuant to this subsection must allow a local government to rezone land in an area physically developed or committed to residential use, as described in ORS 197.732, without requiring the local government to take a new exception to statewide planning goals related to agricultural and forest lands. The rules must allow for a rezoning that authorizes the change, continuation or expansion of an industrial use that has been in operation for the five years immediately preceding the formal land use planning action that was initiated for the change, continuation or expansion of use.

�� (2) The rules adopted pursuant to subsection (1) of this section must provide that:

�� (a) The rezoned use will maintain the land:

�� (A) As rural land as described by commission rule; and

�� (B) In a manner consistent with other statewide planning goal requirements;

�� (b) The rural uses, density and public facilities and services permitted by the rezoning will not commit adjacent or other nearby resource land to uses that are not permitted by statewide planning goals related to agricultural and forest lands;

�� (c) The rural uses, density and public facilities and services permitted by the rezoning are compatible with the uses of adjacent and other nearby resource land uses; and

�� (d) The land to be rezoned is not in an area designated as a rural or urban reserve under ORS

ORS 287A.150

287A.150 does not apply to revenue bonds issued by Oregon Community Power. Revenue bonds issued by Oregon Community Power are not a general obligation of Oregon Community Power and may not be a charge upon any revenues or property of Oregon Community Power that is not specifically pledged thereto. Any obligation of any kind incurred by Oregon Community Power under this section is not, and may not be considered, an indebtedness of the State of Oregon.

�� (2) Revenue bonds or other financing agreements issued by Oregon Community Power under this section are bonds or obligations of a political subdivision of the State of Oregon for the purposes of all laws of this state. [2007 c.807 �39; 2009 c.538 �15]

�� Note: See note under 757.812.

(City Rights of Way)

�� 757.954 City�s authority to control, and collect charges for, use of rights of way. ORS 757.812 to 757.950 do not diminish, or authorize the adoption of rules that diminish, the authority of a city to control the use of the city�s rights of way or to collect license fees, privilege taxes, rent or other charges for the use of the rights of way of the city. [2007 c.807 �42]

�� Note: See note under 757.812.

WILDFIRE PROTECTION AND MITIGATION

�� 757.960 Commission to convene workshops; wildfire protection and mitigation best practices. The Public Utility Commission shall periodically convene workshops for the purpose of helping public utilities that provide electricity, municipal electric utilities, people�s utility districts organized under ORS chapter 261 that sell electricity, electric cooperatives organized under ORS chapter 62 and operators of electrical transmission and distribution systems to develop and share information for the identification, adoption and carrying out of best practices regarding wildfires, including, but not limited to, risk-based wildfire protection and risk-based wildfire mitigation procedures and standards. [2021 c.592 �2]

�� 757.963 Public utility required to develop wildfire protection plan; rules. (1) A public utility that provides electricity must have and operate in compliance with a risk-based wildfire protection plan that is filed with the Public Utility Commission and has been evaluated by the commission. The plan must be based on reasonable and prudent practices identified through workshops conducted by the commission pursuant to ORS 757.960 and on commission standards adopted by rule. The public utility must design the plan in a manner that seeks to protect public safety, reduce risk to utility customers and promote electrical system resilience to wildfire damage.

�� (2) A public utility that provides electricity shall regularly update a risk-based wildfire protection plan on a schedule determined by the commission. The plan must, at a minimum:

�� (a) Identify areas that are subject to a heightened risk of wildfire and are:

�� (A) Within the service territory of the public utility; and

�� (B) Outside the service territory of the public utility but within a reasonable distance, as determined by the commission, of the public utility�s generation or transmission assets.

�� (b) Identify a means for mitigating wildfire risk that reflects a reasonable balancing of mitigation costs with the resulting reduction of wildfire risk.

�� (c) Identify preventive actions and programs that the public utility will carry out to minimize the risk of utility facilities causing a wildfire.

�� (d) After seeking information from regional, state and local entities, including municipalities, identify a protocol for the deenergizing of power lines and adjusting of power system operations to mitigate wildfires, promote the safety of the public and first responders and preserve health and communication infrastructure.

�� (e) Describe the procedures, standards and time frames that the public utility will use to inspect utility infrastructure in areas that the public utility identifies under paragraph (a) of this subsection.

�� (f) Describe the procedures, standards and time frames that the public utility will use to carry out vegetation management in areas that the public utility identifies under paragraph (a) of this subsection.

�� (g) Identify the development, implementation and administration costs for the plan.

�� (h) Identify the community outreach and public awareness efforts that the public utility will use before, during and after a wildfire season.

�� (3) To develop a plan described in subsection (2) of this section, a public utility may consult with and consider information from regional, state and local entities, including municipalities.

�� (4) The commission, in consultation with the State Forestry Department and local emergency services agencies, shall evaluate a public utility�s wildfire protection plan and plan updates through a public process.

�� (5) Not more than 180 days after receiving a wildfire protection plan or plan update from a public utility, the commission shall approve or approve with conditions the plan or update if the commission finds that the plan or update is based on reasonable and prudent practices identified through workshops pursuant to ORS

ORS 291.407

291.407 equivalent to the rate in effect on January 1, 1989. If a mass transit district or transportation district does not collect a tax under ORS 267.300 (1)(g) or 267.615 (1)(g), ORS 267.300, 267.380 and 267.410 to 267.430 do not affect payment under ORS 291.405 and 291.407. [1989 c.869 �6]

(TriMet Crash Advisory Committee)

�� 267.480 TriMet Crash Advisory Committee. (1) The TriMet Crash Advisory Committee is established. The committee consists of seven members appointed by TriMet�s general manager. When selecting committee members, the general manager shall seek members with a wide variety of backgrounds, including expertise or experience in transportation safety. Members must include:

�� (a) One member who is an expert in transportation safety engineering, design or planning, including the efforts by the City of Portland to eliminate transportation-related deaths and serious injuries in Portland.

�� (b) One member who is an advocate for public transportation.

�� (c) One member who is an advocate for pedestrians or bicyclists.

�� (d) One member who is an advocate for transportation safety.

�� (e) One member who is an advocate for elderly persons or persons with disabilities.

�� (f) One member who is a state or local government official with responsibilities for transportation infrastructure or safety.

�� (g) One member who is on TriMet�s board of directors.

�� (2) The term of office of each member of the committee is four years. Before the expiration of the term of a member, the general manager shall appoint a successor. A member is eligible for reappointment. In case of a vacancy for any cause, the general manager shall appoint a person to fill the office for the unexpired term.

�� (3) A majority of the members of the committee constitutes a quorum for the transaction of business.

�� (4) Official action by the committee requires the approval of a majority of the members of the committee.

�� (5) The committee shall elect one of its members to serve as chairperson.

�� (6) The committee shall review crashes involving TriMet vehicles that result in injury or fatality. The committee may decline to review certain crashes or categories of crashes.

�� (7) The committee shall:

�� (a) Meet biannually; and

�� (b) Report to TriMet�s board of directors as needed, but no less than once per year.

�� (8) The general manager may use a currently existing TriMet committee for the purpose of complying with this section.

�� (9) As used in this section, �TriMet� means the Tri-County Metropolitan Transportation District of Oregon, a mass transit district created under ORS chapter 267. [2019 c.632 �1]

�� Note: 267.480 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 267 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

TRANSPORTATION DISTRICTS

(Generally)

�� 267.510 Definitions for ORS 267.510 to 267.650. As used in ORS 267.510 to 267.650:

�� (1) �District� means a transportation district established under ORS 267.510 to 267.650.

�� (2) �System� means the equipment, facilities and other property constructed, erected or acquired by the district and to be used in the transport of passengers. [1974 c.9 �1]

�� 267.515 Application of ORS chapter 255 to district. (1) ORS chapter 255 governs the following:

�� (a) The nomination and election of board members.

�� (b) The conduct of district elections.

�� (2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205. [Amended by 1983 c.350 �128]

�� 267.517 Use of alternative fuels for certain district vehicles; exceptions; annual report; application to all district vehicles. (1) To the maximum extent possible, motor vehicles subject to the control of a transportation district established under ORS 267.510 to 267.650 having a city within the district with a population exceeding 30,000 shall use alternative fuel for operation.

�� (2) To the extent that it is economically and technologically possible, all motor vehicles purchased or leased by the board of the district shall be capable of using alternative fuel. However, this subsection does not apply if the vehicle will be primarily used in an area that does not have and cannot reasonably be expected to establish an alternative fuel refueling station or if the district is unable to secure financing sufficient to cover additional costs resulting from the requirement of this subsection.

�� (3) Prior to July 1 of each year, the board of the district shall submit an annual report to the Department of Environmental Quality and the State Department of Energy. The report shall contain at a minimum:

�� (a) The number of purchases and leases of vehicles capable of using alternative fuel;

�� (b) The number of conversions of vehicles from the use of gasoline or diesel fuel to the use of alternative fuel;

�� (c) The quantity of each type of alternative fuel used; and

�� (d) Any other information required by the Department of Environmental Quality and the State Department of Energy to carry out their functions under subsection (4) of this section.

�� (4) If the Department of Environmental Quality and State Department of Energy determine that the use of alternative fuel required by this section has been effective in reducing total annual motor vehicle emissions in the district, the motor vehicles subject to the control of the board of the district shall be capable of using alternative fuel, to the maximum extent possible.

�� (5) The board of the district shall comply with all safety standards established by the United States Department of Transportation in the conversion, operation and maintenance of vehicles using alternative fuel.

�� (6) As used in this section, �alternative fuel� means any fuel determined by the Department of Environmental Quality to be less polluting than conventional gasoline, including but not necessarily limited to reformulated gasoline, low sulfur diesel fuel, natural gas, liquefied petroleum gas, methanol, ethanol, any fuel mixture containing at least 85 percent methanol or ethanol and electricity. [1991 c.730 �4; 2003 c.186 �13]

(Formation)

�� 267.520 Method of forming district. (1) In addition to initiatory action authorized by ORS 198.705 to 198.955, proceedings to establish a district may be initiated by a resolution adopted by the governing body of the most populous city in the proposed district and filed with the county governing body, petitioning that body to call the election; or

�� (2) The petition or resolution initiating formation shall request, if the district is to impose operating taxes, that the election to establish the district include a proposed permanent rate limit for operating taxes for the district within the meaning of section 11 (3), Article XI of the Oregon Constitution. If the petition or resolution does so, the proposition to be voted on at the election shall include a proposed permanent rate limit for the district, in accordance with the petition or resolution. [1974 c.9 �4; 1997 c.541 �360]

�� 267.530 Establishment of permanent tax rate limit at time of formation. If a district is to impose operating taxes, a permanent rate limit on operating taxes within the meaning of section 11 (3), Article XI of the Oregon Constitution, shall be established for a district at the same election at which the district is established. If the petition or resolution for initiating proceedings to establish the district contains a proposed permanent rate limit, the county governing body that calls the election shall confer about the rate limit with the governing bodies of all counties and cities having territory in the proposed district and shall then determine the rate limit to be proposed for the district. The proposition submitted to the electors of the district for the purpose of establishing the district shall propose the rate limit specified by the county governing body. The rate limit so proposed shall be the permanent rate limit for operating taxes for the district within the meaning of section 11 (3), Article XI of the Oregon Constitution, if the district is established in an election that is in compliance with section 11 (8), Article XI of the Oregon Constitution. [1974 c.9 �5; 1997 c.541 �361]

(Board)

�� 267.540 Governing body; term; vacancies; chairperson; rules of procedure; report to legislature. (1) The governing body of a district shall consist of seven members elected from the district at large for four-year terms. Vacancies shall be filled by the governing body under ORS 198.320.

�� (2) The chairperson of the county governing body that calls the election on establishing the district shall convene the first meeting of the district governing body and shall serve as chairperson of the first meeting until the members choose a permanent chairperson.

�� (3) At its first meeting after July 1 each year the district governing body shall choose a chairperson for the ensuing year. The chairperson shall be the presiding officer of the governing body and have whatever additional functions the governing body prescribes.

�� (4) The governing body may adopt and enforce rules of procedure governing its proceedings.

�� (5) The district board shall report biennially to the Legislative Assembly the activities of the district. [1974 c.9 �6; 1975 c.737 �4; 1983 c.350 �125]

(Powers)

�� 267.550 Status of district. (1) A transportation district has full power to carry out the objectives of its formation and to that end may have and use a seal, have perpetual succession, sue and be sued in its own name, and enter into contracts.

�� (2) Except as ORS

ORS 291.630

291.630; 1967 c.335 �32; 1971 c.339 �1; 1989 c.966 �21; 1995 c.12 �4; 1995 c.157 �25; 1997 c.179 �24; 2001 c.835 �13; 2002 s.s.3 c.6 �12; 2005 c.348 �122; 2015 c.767 �12]

�� 293.793 Purchase or acquisition of state government bonds. (1) As used in this section:

�� (a) �Related agency� has the meaning given that term in ORS 286A.001.

�� (b) �State government� has the meaning given that term in ORS 174.111.

�� (2) If the State Treasurer, acting as investment officer, or a trustee, investing moneys for a related agency, purchases or acquires bonds issued by state government, the purchase or acquisition does not cancel or extinguish the bonds. [2009 c.537 �6]

�� 293.796 Findings regarding venture capital for new businesses. (1) The Legislative Assembly finds that:

�� (a) The availability of venture capital for the start-up and subsequent expansion of new businesses is critical to the continued growth and development of the economy of Oregon.

�� (b) There exists an estimated gap of between $100 million and $200 million between available venture capital resources and the need of Oregon businesses for such resources.

�� (c) Investments in start-up and expanding businesses, in minority-owned businesses, woman-owned businesses and veteran-owned businesses and in emerging growth businesses can produce substantial positive returns for long-term investors.

�� (d) Pension funds managed by the Oregon Investment Council constitute a major financial resource of the State of Oregon, and that such funds may be prudently invested in start-up and emerging growth businesses in this state under policies established by the Oregon Investment Council.

�� (2) As used in this section:

�� (a) �Emerging growth business� means an individual or group of individuals or a new or small company, including but not limited to any new or small partnership, limited liability company, corporation, firm, association or other business entity, that has the capacity, upon obtaining appropriate capital, to generate significant high-skill, high-wage employment.

�� (b) �Minority-owned business,� �woman-owned business� and �veteran-owned business� have the meanings given those terms in ORS 200.005. [1995 c.811 �1; 2003 c.606 �1; 2005 c.22 �221; 2012 c.90 �25; 2015 c.565 �19; 2023 c.497 �20]

�� Note: 293.796 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

INVESTING IN THERMAL COAL

�� 293.798 Definitions. As used in ORS 293.798 to 293.803:

�� (1) �Clean energy� has the meaning given the term �nonemitting electricity� in ORS 469A.400.

�� (2) �Company� means any sole proprietorship, organization, firm, association, corporation, utility, partnership, venture, public franchise, franchisor, franchisee or its wholly owned subsidiary that exists for profit-making purposes or otherwise to secure economic advantage.

�� (3) �Investment� means the commitment of funds or other assets to a company, including a loan or other extension of credit made to the company, or the ownership or control of a share or interest in the company or of a bond or other debt instrument issued by the company.

�� (4) �Subject investment funds� means the Public Employees Retirement Fund.

�� (5) �Thermal coal company� means a company, or a parent or subsidiary of a company:

�� (a) That derives at least 20 percent of its annual revenue from thermal coal production;

�� (b) That accounts for more than one percent of global production of thermal coal; or

�� (c) Whose reported coal reserves contain more than 0.3 gigatons of potential carbon dioxide emissions.

�� (6) �Urgewald Global Coal Exit List� means the list of coal industry participants identified by the Urgewald organization. [2024 c.79 �1]

�� Note: 293.798 to 293.803 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 293 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 293.799 Investments in thermal coal. (1) The Oregon Investment Council and the State Treasurer, in the State Treasurer�s role as investment officer for the council, shall act reasonably and in a manner consistent with ORS 293.721 and 293.726 to try to ensure that moneys in subject investment funds are not invested in any thermal coal company, or any fund containing a thermal coal company.

�� (2) Divestment and reinvestment of moneys in subject investment funds under this section must be accomplished without monetary loss to the funds through reasonable, prudent and productive investments in companies generating returns that are comparable to the returns generated by the companies subject to divestment. [2024 c.79 �2]

�� Note: See note under 293.798.

�� 293.800 Identification of and engagement with thermal coal companies; rules. (1) The Oregon Investment Council and the State Treasurer, in the State Treasurer�s role as investment officer for the council, shall make reasonable efforts to investigate all companies in which the State Treasury has invested or may invest moneys in subject investment funds to determine whether any of those companies are thermal coal companies.

�� (2) If the State Treasurer determines that subject investment funds are invested in a publicly traded company that is a thermal coal company, the State Treasurer shall give notice to the company that the State Treasury will withdraw moneys in subject investment funds that are invested in the company as described in ORS 293.799 for as long as the company is a thermal coal company.

�� (3) The State Treasurer may use the current Urgewald Global Coal Exit List to identify thermal coal companies for purposes of ORS 293.798 to 293.803.

�� (4)(a) The State Treasurer may retain an investment in a thermal coal company if the company demonstrates that it is transitioning to clean energy on a reasonable timeline.

�� (b) The council may adopt rules to define a reasonable timeline for such a transition. The rules may reflect guidelines of the United Nations Intergovernmental Panel on Climate Change regarding necessary decreases in greenhouse gas emissions.

�� (c) The State Treasurer shall monitor thermal coal companies transitioning to clean energy to ensure that the companies are on track to meet emissions reduction targets.

�� (5) The State Treasurer may consult with managers of public employee pension funds in California and New York regarding thermal coal companies from which those funds have divested. [2024 c.79 �3]

�� Note: See note under 293.798.

�� 293.801 Reporting by State Treasurer. On or before January 15 of each year, the State Treasurer shall report to the Legislative Assembly in the manner provided by ORS 192.245 on actions taken by the State Treasurer and the Oregon Investment Council pursuant to the provisions of ORS 293.798 to 293.803. Annual reports must be made under this section until no moneys in subject investment funds are invested in thermal coal companies. The State Treasurer shall make reports under this section publicly available via the Internet. [2024 c.79 �4]

�� Note: See note under 293.798.

�� 293.802 [1995 c.811 �2; repealed by 1999 c.54 �2]

�� 293.803 Applicability of ORS 293.800 and 293.801; sufficient appropriation. (1) ORS 293.800 (2) to (5) and

ORS 291.658

291.658; 1981 c.106 �18; 1993 c.500 �40a; 2003 c.449 �36; 2003 c.794 �230; 2023 c.281 ��49,84]

�� 283.120 State agency service unit; rules. Subject to rules that the Oregon Department of Administrative Services prescribes, or that the State Chief Information Officer prescribes for information technology and telecommunications, any state agency may establish a service unit within the agency to furnish to other units of the agency the services, facilities and materials that the agency establishes the service unit to provide. The state agency shall charge the service unit�s expenses to the units served and, except as provided in ORS 283.076 (3), the amounts the state agency charges must be credited to the miscellaneous receipts account established pursuant to ORS 279A.290. The moneys in the account are appropriated continuously for expenditure by the state agency subject to the allotment system provided by ORS 291.234 to 291.260. [Formerly 291.670; 1981 c.106 �19; 1993 c.500 �40b; 2003 c.794 �231; 2015 c.807 �25]

�� 283.130 �Agency� defined for ORS 283.140 and 283.143. As used in ORS 283.140 and 283.143, �state agency� or �agency� includes the Legislative Assembly, at the option of the Legislative Assembly, or any statutory, standing, special or interim committees of the Legislative Assembly, at the option of the committee. [Formerly 291.659; 2009 c.601 �2]

�� 283.140 Telephone and telecommunications, mail, shuttle bus and messenger services; recovery of costs; rules. (1) The State Chief Information Officer shall exercise budgetary management, supervision and control over all telephone and telecommunications service for all state agencies in a manner that is consistent with plans, standards, policies, goals, directives and rules that the State Chief Information Officer sets, specifies or adopts. The Oregon Department of Administrative Services may operate central mail, shuttle bus or messenger services for state agencies located in Salem, Portland or other cities, if doing so is economical. The State Chief Information Officer may charge the cost of maintaining and operating any central telephone exchange, switching system, network service and facility, intercity or intracity network trunk or line or switchboard to the state agencies that the State Chief Information Officer serves. The department shall charge the cost of providing mail, shuttle bus and messenger services to the state agencies that the department serves. The state agencies shall pay the costs to the State Chief Information Officer or the department, as appropriate, in the same manner in which the state agencies pay other claims. The State Chief Information Officer shall deposit all moneys that the State Chief Information Officer receives from state agencies for services under this section into the State Information Technology Operating Fund.

�� (2) If the department operates central mail service, the department shall:

�� (a) Approve or disapprove all state agency mail equipment or mail service acquisitions.

�� (b) Report biennially to the Director of the Oregon Department of Administrative Services on opportunities for savings through state agency mail room centralization, consolidation and automation and through mail route coordination.

�� (c) Adopt rules under which persons associated with government either temporarily or otherwise, including but not limited to unsalaried volunteers, part-time employees, contractors with the state and employees of contractors, political subdivisions and the federal government may use shuttle bus services.

�� (3) As used in this section, �telecommunications� means media that communicate voice, data, text, images or video over a distance using electrical, electronic or light wave transmission media. [Formerly 291.660; 1971 c.110 �1; 1977 c.92 �1; 1993 c.724 �15; 1995 c.452 �15; 2015 c.807 �26]

�� 283.143 Surcharge for telecommunications services; purpose; exempt agencies. (1) To encourage utilization of statewide integrated videoconferencing and statewide online access services, the State Chief Information Officer may, in addition to any other charge or assessment for providing telecommunications services to state agencies, impose upon each state agency and public corporation a surcharge, in an amount the State Chief Information Officer establishes. The State Chief Information Officer shall deposit all surcharge moneys into the State Information Technology Operating Fund. The State Chief Information Officer may expend moneys in the fund for state agency and public corporation telecommunication and videoconferencing activities, under such terms and conditions as the State Chief Information Officer may prescribe and in a manner that is consistent with plans, standards, policies, goals, directives and rules that the State Chief Information Officer sets, specifies or adopts.

�� (2) Notwithstanding subsection (1) of this section, the State Chief Information Officer may not impose the surcharge established by this section on the Oregon Health and Science University. The State Chief Information Officer shall enter into an agreement with the Oregon Health and Science University on the amount that the Oregon Health and Science University must pay to the State Chief Information Officer in lieu of the surcharge provided for in this section. [1997 c.596 �2; 2009 c.762 �52; 2015 c.767 �84; 2015 c.807 �27a]

�� 283.150 [Formerly 291.662; 2003 c.794 �232; repealed by 2009 c.601 �6]

�� 283.160 [Formerly 291.664; repealed by 2009 c.601 �6]

�� 283.170 Sale of steam heat to certain museums. The Oregon Department of Administrative Services may sell excess steam heat to a museum that is tax exempt under state and federal law where the steam can be delivered to the museum property without significant impact on the state steam heating system. The proceeds of the sale may be used to meet costs of the system without specific appropriation thereof. [1979 c.712 �1]

�� Note: 283.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 283.190 [1985 c.88 �4; 1987 c.73 �4; renumbered 283.524 in 2001]

�� 283.210 [Formerly 291.652; renumbered

ORS 291.712

291.712; 1993 c.335 �6]

�� 283.335 Storage, repair and maintenance facilities; interagency agreements. The Oregon Department of Administrative Services may arrange, by agreement with agencies, for the utilization by one of the storage, repair or maintenance facilities of another, with such provision for charges and credits as may be agreed upon. Any such agreement to which the department is not a party shall be subject to the approval of the department. The department may acquire and maintain storage facilities for the motor vehicles under its control. [Formerly 291.714]

�� 283.337 Reports to Department of Environmental Quality and State Department of Energy; content. (1) Prior to December 31 of each year, each agency owning motor vehicles shall submit an annual report to the Department of Environmental Quality and the State Department of Energy. The report shall contain at a minimum:

�� (a) The number of vehicles acquired that are capable of using alternative fuel;

�� (b) The number of vehicles converted from the use of gasoline to the use of alternative fuel;

�� (c) The amount of each type of alternative fuel used in the vehicles;

�� (d) The number of zero-emission vehicles, as defined in ORS 283.398, acquired;

�� (e) The amount of electricity used in the zero-emission vehicles; and

�� (f) Any other information required by the Department of Environmental Quality and the State Department of Energy.

�� (2) In the report, an agency that purchases or leases a vehicle that is not a zero-emission vehicle shall explain the reason for the purchase of an alternative fuel, hybrid or low-emission vehicle and demonstrate that purchasing or leasing a zero-emission vehicle was not feasible. To assess the feasibility of a zero-emission vehicle under this subsection, an agency may not consider any incremental cost of a zero-emission vehicle over a comparable vehicle. [1991 c.399 �3; 1993 c.335 �7; 2019 c.565 �5; 2023 c.553 �4]

�� 283.340 Policy; rules; keeping records. (1) It is the policy of this state that the Oregon Department of Administrative Services adopt rules that narrowly interpret the definitions of authorized driver and official state business.

�� (2) The department shall adopt rules necessary for the efficient and economical operation, use, maintenance, repair and replacement of and access to all motor vehicles, and shall require the keeping of such records of use, access, costs and operations and the making of such reports as will enable the exercise of proper controls.

�� (3) By rule, the department shall prohibit the operation of a state-owned motor vehicle by any person under 18 years of age.

�� (4) The department shall adopt rules that require uniform schedules for preventive maintenance of state-owned motor vehicles. [Formerly 291.716; 1993 c.335 �8; 1997 c.848 �6]

�� 283.343 Compliance examination on use of state-owned vehicles. At least biennially, the Oregon Department of Administrative Services shall examine compliance with rules adopted pursuant to ORS 283.340 by state agencies owning vehicles. The department shall submit biennially to the Joint Legislative Audit Committee a management report on state-owned motor vehicles that includes:

�� (1) Summaries of agency compliance examinations, with specific emphasis on noncomplying state agency fleets;

�� (2) Numbers of motor vehicles, listed by model and by state agency;

�� (3) Mileage utilization of motor vehicles, listed by state agency;

�� (4) Operating cost per mile of motor vehicles, listed by state agency; and

�� (5) Recommendations for increasing motor vehicle utilization, for decreasing the overall motor vehicle population, for increasing the percentage of zero-emission vehicles within the motor pool and agency fleets and for absorbing noncomplying state agency fleets into the motor pool. [1993 c.335 �11; 2019 c.565 �6]

�� 283.345 Use of privately owned vehicles; rules. The Oregon Department of Administrative Services shall adopt rules for the use of privately owned vehicles for official state business where necessary. [Formerly

ORS 291.726

291.726; 1991 c.176 �5; 1993 c.335 �10]

�� 283.398 Findings and goals for zero-emission vehicles; purchasing requirements; rules. (1) As used in this section and ORS 283.401, �zero-emission vehicle� means a battery electric vehicle, a plug-in hybrid electric vehicle or a hydrogen fuel cell vehicle or any type of vehicle defined by the State Department of Energy or the Environmental Quality Commission by rule as a �zero-emission vehicle� if the vehicle�s type and fuel are consistent with the goals set forth in this section.

�� (2) The Legislative Assembly finds that:

�� (a) Motor vehicle emissions contribute significantly to air pollution in this state.

�� (b) In 2018, the Oregon transportation sector was responsible for approximately 40 percent of this state�s greenhouse gas emissions, and light-duty vehicles were responsible for more than half of the transportation sector�s emissions.

�� (c) Motor vehicle emissions, especially greenhouse gases, are difficult to reduce and will rise over time if not limited by additional laws and regulations.

�� (d) Absent significant changes in the types of motor vehicles used by people and businesses in Oregon, the state will not meet the greenhouse gas emissions reduction goals set forth in ORS 468A.205.

�� (e) In ORS

ORS 297.465

297.465 shall be compensated by an additional payment to be agreed upon by the Secretary of State and the municipal corporation for which the audit is made or to be made. [1977 c.774 �11]

�� 297.500 [Repealed by 1977 c.774 �27]

�� 297.503 Spending constituting �expenditures�; rules. The Secretary of State shall, by rule, specify categories and types of spending that constitute expenditures for purposes of ORS 297.435 and 297.485. [2023 c.10 �3]

�� Note: 297.503 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 297 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 297.505 Rules. The Secretary of State, subject to ORS chapter 183, may adopt, amend and repeal rules necessary to carry out the provisions of ORS 297.020, 297.230, 297.405 to 297.555 and 297.990. [1977 c.774 �12; 1979 c.286 �9]

�� 297.515 County audits include justice courts and law enforcement agencies and officers. The audits of counties required under ORS 297.425 shall include justice courts, their officers and employees, district attorneys and their employees, sheriffs, constables and all other officers and officials elected by the residents of a county or appointed by an official elected by the residents of a county and transacting public business. [1977 c.774 �13; 2013 c.52 �1]

�� 297.520 [1969 c.518 �3; repealed by 1977 c.774 �27]

�� 297.525 Annual audit of county road work; rules. The annual audit required to be made of the accounts and fiscal affairs of a county shall include a cost audit, in accordance with rules of the Secretary of State, of the cost account for county road work. [1977 c.774 �13a; 2023 c.10 �8]

�� 297.527 City utilities separate municipal corporations. When a city, by charter, establishes a board or commission that is elected by the people to operate a water utility or an electric utility of the city, the city and the water utility or the electric utility are separate municipal corporations for the purposes of ORS 297.405 to

ORS 307.130

307.130, 307.140, 307.147, 307.150 and 307.160 and summarize the valuations of such properties in connection with the published summary of each year of assessed valuations of taxable properties of the county. [Formerly 307.310; 1993 c.777 �3; 1995 c.748 �8]

EXEMPTIONS

(Public Properties)

�� 307.040 Property of the United States; certain electricity transmission system property leased to United States. (1) As used in this section, �United States� means the federal government or an agency or instrumentality of the federal government.

�� (2) Except as provided in ORS 307.050, 307.060, 307.070 and 307.080, all property of the United States, its agencies or instrumentalities, is exempt from taxation to the extent that taxation of the property is forbidden by law.

�� (3) Notwithstanding ORS 308.505 to 308.674, for purposes of this section, property the title to which is held by a person other than the United States and that is leased to the United States under a lease or lease-purchase agreement is property of the United States if:

�� (a) The property is operated or used in furtherance of a statutory responsibility of the United States with respect to a high-voltage electricity transmission system that the United States owns and operates within the Pacific Northwest;

�� (b) The property is constructed on or affixed to real property interests of the United States; and

�� (c) Upon expiration of the lease or lease-purchase agreement, the United States has an option to purchase the property for a nominal price, if the debt incurred by the person to acquire the property has been paid. [Amended by 1953 c.698 �7; 2013 c.336 �1]

�� 307.050 Property of the United States held under contract of sale. Whenever real and personal property of the United States or any department or agency of the United States is the subject of a contract of sale or other agreement whereby on certain payments being made the legal title is or may be acquired by any person and that person uses and possesses the property or has the right of present use and possession, then a real market value for the property shall be determined, as required under ORS 308.232, without deduction on account of any part of the purchase price or other sum due on such property remaining unpaid. The property shall have an assessed value determined under ORS 308.146 and shall be subject to tax on the assessed value so determined. The lien for the tax shall neither attach to, impair, nor be enforced against any interest of the United States in the real or personal property. This section does not apply to real or personal property held and in immediate use and occupation by this state or any county, municipal corporation or political subdivision of this state, or to standing timber, prior to severance, of the United States or any department or agency of the United States that is the subject of a contract of sale or other agreement. [Amended by 1953 c.698 �7; 1965 c.159 �1; 2001 c.509 �6]

�� 307.060 Property of the United States held under lease or other interest less than fee; deduction for restricted use. Real and personal property of the United States or any department or agency of the United States held by any person under a lease or other interest or estate less than a fee simple, other than under a contract of sale, shall have a real market value determined under ORS 308.232, subject only to deduction for restricted use. The property shall have an assessed value determined under ORS

ORS 307.169

307.169)]

(Leased Public or Institutional Property)

�� 307.166 Property leased by exempt institution, organization or public body to another exempt institution, organization or public body. (1) If property is owned or being purchased by an institution, organization or public body that is granted exemption or the right to claim exemption for any of its property under a provision of law contained in this chapter, and the institution, organization or public body leases or otherwise grants the use and possession of the property to another institution, organization or public body that is likewise granted exemption or the right to claim exemption for property under a provision of law contained in this chapter, the property is exempt from taxation if used by the lessee or possessor in the manner, if any, required by law for the exemption of property owned or being purchased by the lessee or possessor and any tax savings resulting from the exemption from taxation granted under this section will inure solely to the benefit of the lessee or possessor. Likewise, if the property is sublet or otherwise the use and possession of the property is granted to another institution, organization or public body of the kind described in this subsection, the property is exempt if used by the sublessee or possessor in the manner, if any, required by law for the exemption of property owned or being purchased by the sublessee or possessor and any tax savings resulting from the exemption from taxation granted under this section will inure solely to the benefit of the sublessee or possessor.

�� (2) Except as provided in subsection (4) of this section, to obtain the exemption under this section, the lessee, sublessee or entity in possession must file a claim for exemption with the county assessor, verified by the oath or affirmation of the president or other proper officer of the institution or organization, or head official of the public body or the legally authorized delegate of the head official, showing:

�� (a) A complete description of the property for which exemption is claimed.

�� (b) All facts relating to the ownership or purchase of the property.

�� (c) All facts relating to the use of the property by the lessee, sublessee or entity in possession.

�� (d) A true copy of the lease, sublease or other grant of use and possession covering the property for which exemption is claimed.

�� (e) Any other information required by the claim form.

�� (3)(a) The claim required under subsection (2) of this section must be filed on or before April 1 preceding the tax year for which the exemption is claimed, except:

�� (A) If the lease, sublease or other grant of use and possession is entered into after March 1 but not later than June 30, the claim must be filed within 30 days after the date the lease, sublease or other grant of use and possession is entered into if the exemption is claimed for the assessment year beginning on the preceding January 1; or

�� (B) If a late filing fee is paid in the manner provided in ORS 307.162 (2), the claim may be filed within the time specified in ORS 307.162 (2).

�� (b) The exemption first applies for the tax year beginning July 1 of the year for which the claim is filed. The exemption continues as long as the ownership and use of the property remain unchanged and during the period of the lease, sublease or other grant of use and possession. If either the ownership or use changes, a new claim must be filed as provided in this section. If the lease, sublease or other grant of use and possession expires before July 1 of any year, the exemption terminates as of January 1 of the same calendar year.

�� (4)(a) In lieu of filing a claim under subsection (2) of this section, the lessor, sublessor or person granting the use and possession of property that is exempt from taxation under ORS 307.040 or 307.090 to a lessee, sublessee or entity the property of which is eligible for exemption under ORS 307.040 or 307.090 must provide the assessor of the county in which the property is located with the following information as soon as practicable after execution of a lease, sublease or other grant of use and possession of the property:

�� (A) The name and address of the lessee, sublessee or possessor;

�� (B) Upon request of the assessor, a copy of the lease, sublease or other grant of use and possession of the property; and

�� (C) The location of the property.

�� (b) Upon compliance with paragraph (a) of this subsection, the property is exempt from taxation under this section during the term of the lease, sublease or other grant of use and possession. [1977 c.884 �26 (enacted in lieu of 307.164); 1991 c.459 �45; 1993 c.104 �1; 1997 c.154 �1; 1997 c.541 �107; 1999 c.579 �19; 2009 c.626 �3; 2011 c.655 �3; 2013 c.193 �15; 2017 c.554 �2]

�� 307.168 State land under lease. (1) Notwithstanding ORS 307.110, all land leased by any person from the State Land Board or agency with authority over land under ORS 273.141 is exempt from taxation.

�� (2) As used in this section �land� means the land itself, above or under water, but does not include:

�� (a) Any buildings, structures, improvements, machinery, equipment or fixtures erected upon, under, above or affixed to the land; or

�� (b) Mines, minerals, or quarries in, under or upon the land. The term �land,� however, does include all water rights appertaining to the land. [1982 s.s.1 c.25 �2; 1995 c.589 �5]

�� 307.169 [Formerly 307.165; 1991 c.459 �46; 1993 c.187 �24; repealed by 1995 c.748 �9]

�� 307.170 [Amended by 1955 c.576 �2; 1961 c.543 �5; renumbered 307.162]

�� 307.171 Sports facility owned by large city. Any sports facility owned by a city with a population of at least 500,000 is exempt from taxation, even if leased to or operated by a taxpaying entity. [2001 c.931 �2]

(Alternative Energy Systems)

�� 307.175 Alternative energy systems and community solar projects. (1) As used in this section:

�� (a) �Alternative energy system� means property consisting of solar, geothermal, wind, water, fuel cell or methane gas energy systems for the purpose of heating, cooling or generating electricity.

�� (b) �Community solar project� has the meaning given that term in ORS 757.386.

�� (2) The following property is exempt from ad valorem property taxation:

�� (a) An alternative energy system that is:

�� (A) A net metering facility, as defined in ORS 757.300; or

�� (B) Primarily designed to offset onsite electricity use.

�� (b) A community solar project.

�� (3) Notwithstanding ORS 307.110 and 308.505 to 308.674, any portion of the real property to which an alternative energy system is affixed is exempt under this section if:

�� (a) The real property is otherwise exempt from ad valorem property taxation; and

�� (b) The alternative energy system is exempt under this section.

�� (4) Property equipped with an alternative energy system is exempt from ad valorem property taxation in an amount that equals any positive amount obtained by subtracting the real market value of the property as if it were not equipped with an alternative energy system from the real market value of the property as equipped with the alternative energy system.

�� (5) A community solar project is eligible to claim the exemption granted under this section beginning on the date on which the electrical inspection for the project is completed and approved.

�� (6) A community solar project that is granted exemption under this section may not be granted any other exemption from ad valorem property taxes for the same property tax year. [1975 c.460 ��1,2; 1977 c.196 ��9,10; 1979 c.670 �1; 1991 c.459 �47; 1997 c.534 �1; 2001 c.584 �1; 2007 c.885 �1; 2011 c.656 �3; 2022 c.79 �1; 2023 c.398 �9]

�� Note: Section 4, chapter 656, Oregon Laws 2011, provides:

�� Sec. 4. (1) The amendments to ORS 307.175 by section 3, chapter 656, Oregon Laws 2011, apply to property tax years beginning on or after July 1, 2011.

�� (2)(a) The amendments to ORS 307.175 by section 1, chapter 79, Oregon Laws 2022, apply to property tax years beginning on or after July 1, 2022, and before July 1, 2024.

�� (b) The amendments to ORS 307.175 by section 9 of this 2023 Act apply to property tax years beginning on or after July 1, 2024.

�� (3) An exemption under ORS 307.175 may not be allowed for property tax years beginning after July 1, 2029. [2011 c.656 �4; 2013 c.193 �28; 2017 c.542 �1; 2022 c.79 �2; 2023 c.398 �10]

�� Note: 307.175 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Temporary provisions relating to exemption of solar project property and payment of fee in lieu of property taxes)

�� Note: Sections 1, 2 and 3, chapter 571, Oregon Laws 2015, provide:

�� Sec. 1. (1)(a) The governing body of a county and the owner or person in possession or control of a solar project located within the county and outside the boundaries of any incorporated city may enter into an agreement that exempts from property taxes the property constituting the solar project and allows the payment of a fee in lieu of property taxes imposed on the property.

�� (b) An agreement entered into under this section:

�� (A) May not be for a term longer than 20 consecutive years;

�� (B) Must indicate how the land on which the solar project is located will be treated with respect to the exemption and fee in lieu of property taxes; and

�� (C) Must set the rate of the fee in lieu of property taxes in accordance with subsection (2) of this section.

�� (c) If any portion of a solar project is located within the boundaries of an incorporated city, the governing body of the county shall consult with the governing body of the city before entering into an agreement under paragraph (a) of this subsection. An agreement entered into under paragraph (a) of this subsection with respect to a solar project located within the boundaries of the incorporated city is not effective unless the governing body of the city is a party to the agreement.

�� (2) The fee in lieu of property taxes shall be computed at a rate not less than $5,500, and not more than $7,000, per megawatt of nameplate capacity of the solar project for each property tax year. Megawatt of nameplate capacity shall be carried to the third decimal place.

�� (3)(a) On or before December 31 preceding the first property tax year to which an agreement entered into under this section relates, the owner or person in possession or control of the solar project shall file with the assessor of the county in which the solar project is located and the Department of Revenue a copy of the agreement and the nameplate capacity of the solar project.

�� (b) For each subsequent property tax year to which the agreement relates, the owner or person in possession or control of the solar project shall include with the statement required under ORS 308.524 the nameplate capacity of the solar project.

�� (c) A filing made under paragraph (a) of this subsection after December 31 must be accompanied by a late fee of $200. A filing may not be made after March 1 preceding the property tax year to which the filing relates.

�� (4)(a) For each property tax year to which an agreement relates, the department, when certifying and transmitting the assessment roll to the county assessors under ORS 308.505 to 308.674, shall provide the nameplate capacity of each solar project paying the fee in lieu of property taxes to each assessor of a county in which a solar project is located.

�� (b) As required under ORS 311.255, the county assessors shall extend upon the tax roll against all property constituting a solar project located in the respective counties all fees in lieu of property taxes for the property tax year. The fees shall be apportioned and distributed among the taxing districts having jurisdiction over the property in the proportion that each taxing district�s total tax rate for the property tax year bears to all the taxing districts� total tax rates for the property tax year.

�� (5)(a) If the owner or person in possession or control of a solar project that has entered into an agreement under this section fails to pay the fee as required under this section, the property constituting the solar project is not exempt for the following property tax year and shall be assessed and taxed as other similar property is assessed and taxed.

�� (b) Notwithstanding paragraph (a) of this subsection, the property shall be exempt for the following property tax year upon payment, within one year after the date of delinquency, of the delinquent fee plus interest at the rate prescribed in ORS 311.505 (2). Delinquent fees and interest shall be collected in the manner provided for collection of delinquent property taxes on personal property.

�� (6)(a) If the owner or person in possession or control of the solar project fails to pay the fee in lieu of property taxes for more than one year during the term of an agreement entered into under this section, notwithstanding the agreement, the property constituting the solar project shall be disqualified for the exemption and payment of the fee in lieu of property taxes.

�� (b) Property that is disqualified under this subsection shall:

�� (A) Be assessed and taxed as other similar property is assessed and taxed.

�� (B) In addition, be assessed a penalty in an amount equal to one year of the fee in lieu of property taxes for the property. The penalty assessed under this subparagraph shall be distributed in the manner described in subsection (4)(b) of this section.

�� (7)(a) Property constituting a solar project that has received an exemption under ORS 285C.350 to 285C.370 or 307.123 for any property tax year is not eligible to pay a fee in lieu of property taxes under this section.

�� (b) Paragraph (a) of this subsection does not apply to property constituting a solar project that was the subject of an application filed pursuant to ORS 285C.350 to 285C.370 if the property did not receive the exemption for any property tax year. The election to pay the fee in lieu of property taxes for property described in this paragraph is not a disqualifying event. [2015 c.571 �1; 2019 c.628 �1; 2021 c.571 �1]

�� Sec. 2. Section 1 of this 2015 Act applies to property tax years beginning on or after July 1, 2016. [2015 c.571 �2]

�� Sec. 3. (1) Section 1, chapter 571, Oregon Laws 2015, is repealed on January 2, 2028.

�� (2) Notwithstanding subsection (1) of this section, property constituting a solar project that is exempt from property taxes under section 1, chapter 571, Oregon Laws 2015, on the date specified in subsection (1) of this section shall continue to be exempt and to pay the fee in lieu of property taxes for the term specified in the agreement entered into under section 1, chapter 571, Oregon Laws 2015. [2015 c.571 �3; 2021 c.571 �2]

(Temporary provisions relating to exemption of property that will be seismically retrofitted)

�� Note: Sections 1 to 6, chapter 537, Oregon Laws 2017, provide:

�� Sec. 1. (1) As used in sections 1 to 5 of this 2017 Act:

�� (a)(A) �Eligible costs� means costs that are:

�� (i) Directly related to the work necessary to seismically retrofit eligible property; and

�� (ii) Incurred after an application relating to the retrofitting has been approved under section 2 of this 2017 Act.

�� (B) �Eligible costs� includes, but is not limited to:

�� (i) All costs directly related to structural seismic retrofitting, including, but not limited to, the necessary costs of demolition and restoration of similar architectural finishes, electrical systems, plumbing and mechanical systems necessary for access; and

�� (ii) Architectural and engineering fees, and fees for testing, insurance and project management, related to the seismic retrofitting.

�� (C) �Eligible costs� does not include:

�� (i) Costs associated with refurbishing or remodeling that are intended to enhance the aesthetics, functionality or marketability of the improvements but do not extend the seismic life safety of the improvements; or

�� (ii) Costs for abatement of hazardous materials, including, but not limited to, asbestos, or for relocation or loss of rent during the seismic retrofitting.

�� (b) �Eligible property� means improvements built before January 1, 1993, that constitute a commercial, industrial or multifamily building.

�� (2) The governing body of a city or county may adopt an ordinance or resolution providing for exemption or partial exemption from ad valorem property taxation of eligible property that will be seismically retrofitted.

�� (3)(a) An ordinance or resolution adopted under this section must specify the eligibility requirements for the exemption or partial exemption.

�� (b) Notwithstanding paragraph (a) of this subsection, property is not eligible for an exemption or partial exemption pursuant to this section if, at the time an application for the property is filed under section 2 of this 2017 Act, the property is:

�� (A) Subject to assessment under ORS 308.505 to 308.681 [series became 308.505 to 308.674]; or

�� (B) State-appraised industrial property as defined in ORS 306.126.

�� (4)(a) An ordinance or resolution adopted under this section must specify the period, not to exceed 15 years, for which the exemption or partial exemption may be granted.

�� (b) Eligible property may be granted exemption or partial exemption under this section until the earlier of:

�� (A) The expiration of the period for which the eligible property is eligible for exemption or partial exemption under paragraph (a) of this subsection; or

�� (B) The date on which the dollar amount of the tax benefit from the exemption or partial exemption equals the eligible costs for the property.

�� (c) The ordinance or resolution may:

�� (A) Further restrict eligible properties to unreinforced masonry buildings, unreinforced concrete buildings or any other building type considered seismically dangerous by the governing body of the city or county; and

�� (B) Impose any other conditions for the exemption or partial exemption that do not conflict with sections 1 to 5 of this 2017 Act.

�� (5)(a) A city or county may amend or repeal an ordinance or resolution adopted under this section at any time.

�� (b) Notwithstanding paragraph (a) of this subsection, eligible property that is granted an exemption or partial exemption under this section when the ordinance or resolution is amended or repealed shall continue to receive the exemption or partial exemption for the period granted, pursuant to the provisions of the ordinance or resolution in effect when the property was initially granted the exemption or partial exemption.

�� (6)(a) An ordinance or resolution adopted under this section does not become effective unless the rates of taxation of the taxing districts located within the territory of the city or county whose governing bodies agree to the exemption or partial exemption, when combined with the rate of taxation of the city or county that adopted the ordinance or resolution, equal 75 percent or more of the total combined rate of taxation within the territory of the city or county. In agreeing to the exemption or partial exemption, the governing bodies of the taxing districts shall impose a limit on the total amount of exemptions and partial exemptions that may be approved.

�� (b) If an ordinance or resolution becomes effective pursuant to paragraph (a) of this subsection, the exemption or partial exemption shall be effective for the tax levies of all taxing districts in which an eligible property that is granted an exemption or partial exemption is located. [2017 c.537 �1]

�� Sec. 2. (1)(a) The owner of eligible property seeking an exemption or partial exemption for the eligible property under an ordinance or resolution adopted pursuant to section 1 of this 2017 Act must file an application, with the governing body of the city or county that adopted the ordinance or resolution, on or before March 15 preceding the beginning of the property tax year for which the exemption or partial exemption is sought. A single application may be filed for eligible property in contiguous tax accounts under common ownership.

�� (b) Notwithstanding paragraph (a) of this subsection, an application may be filed after March 15 and on or before December 31 if the application is accompanied by a late filing fee equal to the greater of $200 or one-tenth of one percent of the real market value of the eligible property to which the application relates as of the assessment date for that tax year.

�� (2) An application filed pursuant to this section must include:

�� (a) The address of the eligible property.

�� (b) Documentation showing the ownership of the eligible property by the person filing the application.

�� (c) Documentation showing that all applicable eligibility requirements have been met.

�� (d) Documentation of estimated eligible costs with respect to the eligible property prepared by a person unrelated to the owner of the eligible property and having expertise in estimating such costs. Documentation of eligible costs may include, but is not limited to, bids, cost estimates, copies of contracts, notes and minutes of contract negotiations and accounts, invoices, sales receipts and other payment records of purchases, sales, leases and other transactions relating to the eligible costs.

�� (e) Plans, calculations and any other documentation prepared and stamped by a registered structural engineer or architect establishing to the satisfaction of the city or county that the proposed seismic retrofitting meets or exceeds the standard defined as Basic Performance Objective for Existing Buildings in the Seismic Evaluation and Retrofit of Existing Buildings ASCE/SEI 41-13, published by the American Society of Civil Engineers and the Structural Engineering Institute, as in effect on December 31, 2016, unless the governing body of the city or county has expressly approved or required a different standard that enhances life safety in a seismic event. The documentation must include seismic retrofitting for any parapets, cornices and chimneys. The standard of care for documentation prepared and stamped under this paragraph is the same as for documents stamped in accordance with ORS 671.025 or 672.020.

�� (f) Documentation of any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act.

�� (g) An application fee, if any, required by the city or county.

�� (3) The application shall be reviewed by the city or county. The city or county may consult with the owner of the eligible property about the application, and the owner may amend the application.

�� (4)(a) If the city or county determines that the application does not meet the requirements of this section, the city or county shall promptly notify the owner of the eligible property in writing that the application is not approved, stating the reasons for the determination. A determination under this paragraph is not reviewable, but the owner of the eligible property may file an application under this section for any subsequent year.

�� (b) If the city or county determines that the application meets the requirements of this section, the city or county shall promptly:

�� (A) Notify the owner of the eligible property in writing that the application is approved; and

�� (B) Notify the county assessor in writing that the application is approved and certify the period for which the exemption or partial exemption is granted and the estimated eligible costs with respect to the eligible property, reduced by any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act.

�� (5) The assessor of the county in which the eligible property granted an exemption or partial exemption is located may charge the owner a fee of up to $200 for the first year and up to $100 for each subsequent year for which the exemption or partial exemption is granted to compensate the assessor for duties imposed under sections 1 to 5 of this 2017 Act.

�� (6) Upon receiving notice under subsection (4) of this section of the approval of an application, the owner of the eligible property shall cause to be recorded with the clerk of the county in which the eligible property is located a notice that contains a legal description of the eligible property and a statement that the eligible property has been granted a property tax exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act and that the owner, or the owner�s successor or assignees, may be liable for additional taxes under section 5 of this 2017 Act.

�� (7) The transfer of the eligible property shall not disqualify the eligible property from an exemption or partial exemption granted to the eligible property under the ownership of the transferor, provided the transferee:

�� (a) Notifies the city or county and the county assessor as soon as practicable of the transfer and of the transferee�s intention to continue the seismic retrofitting in a manner consistent with the requirements of sections 1 to 5 of this 2017 Act; and

�� (b) Complies with all requirements under sections 1 to 5 of this 2017 Act. [2017 c.537 �2]

�� Sec. 3. (1) An ordinance or resolution adopted under section 1 of this 2017 Act must state the percentage of the exemption to be applied to the real market value of the eligible property.

�� (2) The exemption or partial exemption shall apply to existing eligible property of any classification under rules established by the Department of Revenue pursuant to ORS 308.215 (1)(a)(C) that is consistent with the definition of �eligible property� under section 1 of this 2017 Act.

�� (3) ORS 307.032 applies to eligible property granted partial exemption under the ordinance or resolution.

�� (4) Each year the county assessor shall add to the assessment and tax rolls of the county, with respect to the eligible property granted exemption or partial exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act, the notation �potential additional tax.� [2017 c.537 �3]

�� Sec. 4. (1)(a) Each year, on or before a date prescribed by the city or county that adopted the ordinance or resolution under section 1 of this 2017 Act pursuant to which eligible property is granted an exemption or partial exemption, the owner of the eligible property shall submit documentation of actual eligible costs incurred and an updated estimate of the eligible costs to the city or county, as applicable.

�� (b) The owner shall include with the documentation the amount of any financial incentives received from local, state or federal government for the seismic retrofitting of the eligible property, exclusive of the exemption or partial exemption granted under sections 1 to 5 of this 2017 Act. The city or county shall report the amount of the incentives to the assessor of the county in which the eligible property is located, who shall reduce the eligible costs for the eligible property by the amount of the incentives.

�� (2)(a) If the updated estimate of the eligible costs is greater or less than the original estimate by 10 percent or more, the city or county shall submit the documentation and updated estimate to the county assessor.

�� (b) Upon receipt, the county assessor shall recompute the assessed value and maximum assessed value of the eligible property under ORS 308.156, beginning with the first year for which the eligible property was granted exemption or partial exemption.

�� (c) The values as recomputed under this section shall apply to the remaining period for which the eligible property has been granted exemption or partial exemption. Delinquent taxes may not be assessed or collected, and refunds may not be paid, as a consequence of the recomputation under this section for property tax years preceding the remaining period. [2017 c.537 �4]

�� Sec. 5. (1) Eligible property that is granted exemption or partial exemption pursuant to an ordinance or resolution adopted under section 1 of this 2017 Act shall continue to receive the exemption or partial exemption until the eligible property is disqualified by the earliest of:

�� (a) The expiration of the period for which the exemption or partial exemption was certified under section 2 of this 2017 Act.

�� (b) The date on which the dollar amount of the exemption or partial exemption equals the eligible costs for the eligible property.

�� (c) The discovery by the city or county that the owner of the eligible property has failed to:

�� (A) Comply with the eligibility requirements adopted by the city or county;

�� (B) Begin or make reasonable progress on seismic retrofitting of the eligible property; or

�� (C) Perform the seismic retrofitting of the eligible property in substantial compliance with documentation described in section 2 (2)(e) of this 2017 Act that was included in the application relating to the eligible property approved under section 2 of this 2017 Act.

�� (d) The discovery by the city or county that any statement or representation in any documentation filed pursuant to section 2 of this 2017 Act was misleading or false.

�� (2) The city or county may provide an owner with the opportunity to cure the grounds for disqualification under subsection (1) of this section.

�� (3) The city or county shall notify the county assessor of the disqualification of eligible property from exemption or partial exemption under this section, and upon disqualification the eligible property shall be assessed and taxed under ORS

ORS 308.505

308.505 to 308.674 are exempt from state and local property taxes and fees, charges and assessments related to property taxation if the permanent improvements:

�� (A) Are located on land that is:

�� (i) Owned by the United States and held in trust pursuant to federal law for a federally recognized Indian tribe in Oregon; and

�� (ii) Within Jefferson County or Wasco County;

�� (B) Consist of solar energy systems for the purpose of heating, cooling or generating electricity; and

�� (C) Are subject to a property tax program imposed by the tribe.

�� (d) Upon request, and pursuant to an intergovernmental agreement between the tribe and the governing body of any county in which a portion of the permanent improvements is located, the county assessor shall provide such information as is necessary for the tribe to assess, impose and collect the tribal property taxes on the permanent improvements described in paragraph (c) of this subsection.

�� (e) Property granted exemption under paragraph (c) of this subsection is not centrally assessed for purposes of ORS 307.330.

�� (f) ORS 315.037 does not apply to the exemption granted under paragraph (c) of this subsection.

�� (3)(a) Notwithstanding subsection (1) of this section, property that is owned exclusively by an eligible Indian tribe or by an entity wholly owned by an eligible Indian tribe, or a portion of the property, is exempt from taxation if the property, or the portion of the property, respectively, is used exclusively for government services.

�� (b) Property described in paragraph (a) of this subsection that may be exempt from taxation as property used exclusively for low income rental housing includes, without limitation, property that:

�� (A) Is held under lease or a lease purchase agreement by an eligible Indian tribe;

�� (B)(i) Is the property of a partnership, nonprofit corporation or limited liability company of which an eligible Indian tribe is a general partner, limited partner, director, member, manager or general manager; and

�� (ii) Is leased or rented to low income persons for housing purposes; or

�� (C) Is used exclusively for an activity that qualifies as an affordable housing activity under 25 U.S.C. 4132.

�� (c) Property described in paragraph (a) of this subsection may not be exempt from taxation as property that is used exclusively for low income rental housing unless:

�� (A) All agreements necessary for the construction and operation of the property as low income rental housing are executed before July 1, 2017;

�� (B) For purposes of ORS 307.540 to 307.548, the requirements of ORS 307.543 have been satisfied;

�� (C) The property is offered for rent or is held for the purpose of developing low income rental housing;

�� (D) If occupied, the property is occupied solely by low income persons; and

�� (E) The property is located in a county in which more than 10 percent of the enrolled members of the eligible Indian tribe reside.

�� (4) As used in this section:

�� (a) �Eligible Indian tribe� means the Burns Paiute Tribe, the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Confederated Tribes of the Grand Ronde Community of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of Warm Springs Reservation of Oregon, the Coquille Indian Tribe, the Cow Creek Band of Umpqua Tribe of Indians or the Klamath Tribes.

�� (b) �Government services� means services provided by an eligible Indian tribe that:

�� (A) Are equivalent to services that a state or local government or the federal government customarily provides to its citizens;

�� (B) Are related to:

�� (i) Tribal administration;

�� (ii) Tribal facilities or tribal health facilities;

�� (iii) Elementary or secondary education or higher education, including community colleges;

�� (iv) Transportation;

�� (v) Fire or police;

�� (vi) Low income rental housing;

�� (vii) Utility services provided to an Indian reservation or to land held in trust by the United States for the benefit of an eligible Indian tribe; or

�� (viii) Cemeteries; and

�� (C) Other than government services related to the uses of property described in subsection (3)(c) of this section, do not generate income.

�� (c) �Low income�:

�� (A) Means income at or below 60 percent of the area median income as determined by the Oregon Housing Stability Council based on information from the United States Department of Housing and Urban Development.

�� (B) For purposes of projects undertaken pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (P.L. 104-330), includes income that qualifies under 24 C.F.R. 5.609.

�� (d) �Permanent improvements� means �real property� as defined in ORS 307.010 (1)(b)(B).

�� (e) �Utility services� means services related to sanitation, sewer, storm drainage and water. [1993 c.266 �2; 1995 c.748 �3; 2001 c.753 �29; 2009 c.453 �1; 2012 c.42 ��1,5; 2015 c.65 ��1,2; 2015 c.180 ��42,43; 2024 c.52 �26a]

�� Note: Section 4, chapter 42, Oregon Laws 2012, provides:

�� Sec. 4. (1) On or before January 1 of each year, an eligible Indian tribe as defined in ORS 307.181 that is granted tax exemption for property, or a portion of property, used exclusively for low income rental housing under ORS 307.181 (3) shall submit a report to the Commission on Indian Services.

�� (2) The report required under subsection (1) of this section must include:

�� (a) For each property, or portion of property, the value of the property tax exemption granted under ORS 307.181 (3) for the current property tax year as provided to the tribe by the assessor of the county in which the property is located; and

�� (b) The percentage of the current occupants of each property who are members of an eligible Indian tribe as defined in ORS 307.181. [2012 c.42 �4]

(Recreation Facilities and Summer Homes on Federal Land)

�� 307.182 Federal land used by recreation facility operators under permit. Notwithstanding ORS 307.060, real property used and occupied by commercial recreation facility operators under permits issued pursuant to the Acts of June 4, 1897 (16 U.S.C. 551), and March 4, 1915 (16 U.S.C. 497), as amended, is exempt from ad valorem property taxation. This section does not apply to improvements on real property described in this section. [1981 c.405 �1; 2001 c.114 �12; 2013 c.343 �1]

�� Note: Section 4, chapter 405, Oregon Laws 1981, provides:

�� Sec. 4. ORS 307.182 applies to tax years beginning on or after July 1, 1981, and before July 1, 2030. [1981 c.405 �4; 1985 c.169 �1; 1995 c.748 �4; 2001 c.67 �4; 2001 c.114 �13; 2001 c.509 �8; 2013 c.343 �2; 2023 c.398 �4]

�� Note: 307.182 to 307.184 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 307.183 Summer homes on federal land occupied under permit. Notwithstanding ORS 307.060, there shall be exempt from property taxation real property of the United States used and occupied for summer homes under a permit issued pursuant to the Act of March 4, 1915, ch. 144 (16 U.S.C. 497), as amended, but improvements thereon are subject to taxation. [1975 c.649 �1]

�� Note: See second note under 307.182.

�� 307.184 Summer homes on federal land occupied under lease. Notwithstanding ORS 307.060, there shall be exempt from property taxation real property of the United States used and occupied for summer homes under a lease issued pursuant to the Act of June 1, 1938 (52 Stat. 609; 43 U.S.C. 682a), as amended, or Public Law 94-579, Title III, section 302, October 21, 1976, 90 Stat. 2762 (43 U.S.C. 1732), but improvements thereon are subject to taxation. [1979 c.422 �1]

�� Note: See second note under 307.182.

(Personal Property)

�� 307.190 Tangible personal property held for personal use; inapplicability to property required to be registered, floating homes, boathouses and manufactured structures. (1) All items of tangible personal property held by the owner, or for delivery by a vendor to the owner, for personal use, benefit or enjoyment, are exempt from taxation.

�� (2) The exemption provided in subsection (1) of this section does not apply to:

�� (a) Any tangible personal property held by the owner, wholly or partially for use or sale in the ordinary course of a trade or business, for the production of income, or solely for investment.

�� (b) Any tangible personal property required to be licensed or registered under the laws of this state.

�� (c) Floating homes or boathouses, as defined in ORS 830.700.

�� (d) Manufactured structures. [Amended by 1953 c.698 �7; 1969 c.648 �1; 1977 c.615 �2; 1985 c.614 �1; 1987 c.601 �5; 2003 c.655 �63; 2019 c.585 �21]

�� 307.193 [1969 c.605 �18; repealed by 1971 c.529 �37]

�� 307.195 Household furnishings owned by nonprofit organization furnishing housing for students attending institutions of higher education. All furniture, goods and furnishings owned by or situated in and used solely by a fraternity, sorority, student housing cooperative or student living organization is exempt from taxation if such fraternity, sorority, student housing cooperative or student living organization furnishes living quarters for students attending institutions of higher education and is not conducted for profit. [1957 c.631 �1]

�� 307.197 Equipment used for certain emergencies in navigable waters. Communications equipment, emergency response equipment and other tangible personal property is exempt from ad valorem property taxation if the equipment or property is:

�� (1) Acquired or used primarily for the purposes of responding to and maintaining the capability to respond to shipboard fires or oil spills in navigable waters;

�� (2) Owned by a nonprofit corporation organized under ORS chapter 65 that operates as a maritime fire and safety association; and

�� (3) Made available by the nonprofit corporation for use by a federal, state or local emergency response agency pursuant to a mutual aid compact. [2010 c.29 �3]

(Public Ways)

�� 307.200 Public ways. All lands within the boundary of any county road, and all dedicated streets and alleys in any incorporated or unincorporated city or town, or town plat, within this state, are exempt from assessment and taxation while used for such purposes.

(Mobile Home or Manufactured Dwelling Parks)

�� 307.203 Mobile home or manufactured dwelling parks financed by Housing and Community Services Department revenue bonds. Notwithstanding any other provision of law granting an exemption from property taxation, specific works or improvements to provide mobile home or manufactured dwelling parks as defined in ORS 446.003 that are financed from the proceeds of revenue bonds issued by the Housing and Community Services Department under ORS

ORS 308.575

308.575, by the number of miles of the wire, pipe or pole lines or operational routes in each county.

�� (3) If the property of any company assessable under ORS 308.505 to 308.674 is of such a character that its value cannot reasonably be apportioned on the basis of rail, wire, pipe, pole line or operational route mileage, the department may adopt any other method or basis of apportionment to each county in which the property is located that the department determines to be feasible and proper.

�� (4) As determined by the department, values of electric power plants and water powers, connected with or used in the operation and business of any company, assessable under ORS

ORS 308.674

308.674 if owned by a taxable owner. Oregon Community Power shall pay to each county in which property of Oregon Community Power is located an amount equal to the ad valorem property taxes that would have been charged by the county if Oregon Community Power property had been assessed to a taxable owner as of January 1 of the assessment year for which payment is being made.

�� (2) The Department of Revenue shall determine the assessed value of Oregon Community Power property as if the property were subject to assessment under ORS 308.505 to 308.674, and shall transmit the value information as provided in ORS 308.505 to 308.674 to the appropriate county assessor. Oregon Community Power shall comply with property reporting requirements under ORS 308.505 to 308.674 as if the property were subject to assessment under ORS 308.505 to 308.674.

�� (3) The amount of the in lieu payment to be made to each county under this section shall be determined and certified annually by the county assessor of the county. A notice of the determination and certification shall be mailed to Oregon Community Power not later than October 15. The notice shall contain a statement of the value of the property and a complete explanation of the method used in computing the amount of the in lieu payment due under this section. Not later than November 15, Oregon Community Power shall pay the amount due to each county under this section, less a discount equivalent to that which is provided in ORS 311.505. Payment shall be made to the county treasurer. The county treasurer shall distribute the payment to the taxing districts of the county in accordance with the schedule of percentages computed under ORS 311.390. [2007 c.807 �19]

�� Note: See note under 757.812.

�� 757.886 Powers of Oregon Community Power. The board of directors of Oregon Community Power shall establish the policies of Oregon Community Power to be used in the exercise of the powers enumerated for Oregon Community Power or the board, and may thereafter modify those policies. The board may delegate the exercise of powers enumerated for Oregon Community Power to a president, chief executive officer or general manager of Oregon Community Power. Delegated powers shall be exercised by the delegatee in a manner that is consistent with the policies established by the board. The powers of Oregon Community Power, as exercisable by the board of directors or by a president, chief executive officer or general manager under policies adopted by the board, are as follows:

�� (1) To acquire and hold, including by lease-purchase agreement, real and other property necessary or incident to the business of Oregon Community Power, within or outside of, or partly within or partly outside of, the service territory of Oregon Community Power, and to sell or dispose of that property.

�� (2) To execute contracts to purchase, sell or lease assets, power, services or property.

�� (3) To execute contracts for the management or operation of any Oregon Community Power facilities.

�� (4) To issue bonds, notes or otherwise borrow moneys, incur indebtedness or issue, sell or assume evidence of indebtedness to the extent allowed under the Oregon Constitution.

�� (5) To sue and be sued.

�� (6) To refund and retire any indebtedness that may exist against or be assumed by Oregon Community Power or that may exist against the revenues of Oregon Community Power.

�� (7) To build, acquire, own, operate and maintain generation, transmission and distribution resources that are sufficient to maintain an adequate supply of electricity to the service territory.

�� (8) To enter into agreements with local governments or other state agencies or subdivisions of state government.

�� (9) To periodically develop least-cost plans at regular intervals. A least-cost plan may be developed only with public participation. A least-cost plan shall take into consideration economic and environmental risks of providing adequate and reliable energy for consumers, energy efficiency, renewable resources and cogeneration, in order to achieve adequate resources at the least overall cost.

�� (10) To oversee all aspects of Oregon Community Power operations.

�� (11) To hire and fire employees of Oregon Community Power.

�� (12) To make contracts, to set wages, to set salaries and provide compensation for services rendered by employees and by board members, to provide for life insurance, hospitalization, disability, health and welfare and retirement plans for employees and to do all things necessary and convenient for full exercise of the powers granted in this subsection. The provision of life insurance, hospitalization, disability, health and welfare and retirement plans for employees is in addition to any other right or power of Oregon Community Power to participate in those plans and does not repeal or modify any statutes except those that may be in conflict with the provision of life insurance, hospitalization, disability, health and welfare and retirement plans.

�� (13) To enter into contracts with the United States Government, with any other state, municipality or utility district or with any other person, for carrying out any provisions of ORS 757.812 to 757.950.

�� (14) To fix, maintain and collect electric energy rates as prescribed in ORS 757.812 to

ORS 308A.374

308A.374 in 1999]

�� 308.801 [1981 c.720 �11; 1999 c.314 �50; renumbered 308A.377 in 1999]

�� 308.802 [1981 c.720 �12; 1989 c.924 �6; 1991 c.459 �182; 1997 c.811 �3; renumbered 308A.380 in 1999]

�� 308.803 [1981 c.720 ��13,13a; 1989 c.924 �7; 1997 c.811 �4; renumbered 308A.383 in 1999]

GROSS EARNINGS TAX ON MUTUAL OR COOPERATIVE DISTRIBUTION SYSTEMS

�� 308.805 Mutual and cooperative electric distribution systems subject to tax on gross earnings. (1) Every association of persons, wholly mutual or cooperative in character, whether incorporated or unincorporated, the principal business of which is the construction, maintenance and operation of an electric transmission and distribution system for the benefit of the members of such association without intent to produce profit in money and which has no other principal business or purpose shall, in lieu of all other taxes on the transmission and distribution lines, pay a tax on all gross revenue derived from the use or operation of transmission and distribution lines (exclusive of revenues from the leasing of lines to governmental agencies) at the rates prescribed by ORS 308.807. The tax shall not apply to or be in lieu of ad valorem taxation on any property, real or personal, which is not part of the transmission and distribution lines of such association.

�� (2) The Department of Revenue, pursuant to ORS 308.505 to 308.674, shall assess for ad valorem taxation all the real and personal property of such associations which is not a part of �transmission and distribution lines,� as defined in subsection (3) of this section. All other property subject to ad valorem taxation shall be assessed in the manner otherwise provided by law, by the assessor of the county in which such property has a tax situs.

�� (3) As used in ORS 308.805 to 308.820:

�� (a) �Transmission and distribution lines� shall include all property that is energized or capable of being energized or intended to be energized, or that supports or is integrated with such property. This includes, but is not limited to, substation equipment, fixtures and framework, poles and the fixtures thereon, conductors, transformers, services, meters, street lighting equipment, easements for rights of way, generating equipment, communication equipment, transmission lines leased to governmental agencies, construction tools, materials and supplies, office furniture and fixtures and office equipment. This shall not include such property as parcels of land, buildings, and merchandise held for resale.

�� (b) �Wire mile� means a single conductor one mile long installed in a line, but not including service drops. [Amended by 1957 c.637 �1; 1959 c.109 �4; 1969 c.492 �1]

�� 308.807 Amount of tax. For payments due July 1, 1992, and each July 1 thereafter, the amount of the tax imposed by ORS 308.805 shall be the lesser of:

�� (1) Four percent of all gross revenue derived from the use or operation of transmission and distribution lines (exclusive of revenues from the leasing of lines to governmental agencies) minus the cost of power to the association, or;

�� (2) The sum of:

�� (a) An amount obtained by multiplying the real market value of the transmission and distribution lines for the current fiscal year by the maximum school tax rate allowable under ORS 310.150, plus;

�� (b) An amount obtained by multiplying the real market value of the transmission and distribution lines for the current fiscal year by $10 per $1,000 of real market value, plus;

�� (c) An amount obtained by multiplying the real market value of the transmission and distribution lines by the tax rate of the county for exempt bonded indebtedness as defined in ORS 310.140. [1969 c.492 �3; 1983 c.782 �1; 1985 c.213 �1; 1991 c.459 �169]

�� 308.810 Association to file statement; payment of tax. (1) Every association referred to in ORS 308.805 shall make and file with the Department of Revenue, on or before March 1 of each year, in such form and on such blanks as the department may prescribe and provide, the statement required under ORS 308.524 and 308.525, and shall include therein the amount of all its gross revenue subject to the tax levied by ORS 308.805 for the calendar year preceding the making of such statement. The association shall compute and forward on or before July 1 of each year the lesser of the tax calculated under ORS 308.807 (1) on such gross revenue or the tax calculated under ORS 308.807 (2) on the real market value of the transmission and distribution lines used or operated by the association.

�� (2) The department shall notify the association of the real market value of the transmission and distribution lines used or operated by the association on or before the date fixed for notices of assessment to be issued under ORS 308.582 or 308.595. [Amended by 1957 c.637 �2; 1969 c.492 �4; 1983 c.782 �1; 1991 c.459 �170; 2007 c.227 �2; 2007 c.616 �16]

�� 308.815 Examination of return by department; distribution of tax. (1) The Department of Revenue shall examine and determine as to the correctness of the return and taxes on the association�s gross revenue forwarded pursuant to ORS 308.810 and if found correct shall thereupon remit the tax so received to the treasurers of the counties in which the association has electric transmission and distribution lines in proportion to the number of wire miles in each of such counties.

�� (2) If the taxes so received by the treasurers of the respective counties are measured by gross revenue they shall be credited as follows:

�� (a) For payments due July 1, 1992:

�� (A) 60 percent to the county school fund.

�� (B) 40 percent to the general fund of the county.

�� (b) For payments due July 1, 1993:

�� (A) 55.6 percent to the county school fund.

�� (B) 44.4 percent to the general fund of the county.

�� (c) For payments due July 1, 1994:

�� (A) 50 percent to the county school fund.

�� (B) 50 percent to the general fund of the county.

�� (d) For payments due July 1, 1995:

�� (A) 42.9 percent to the county school fund.

�� (B) 57.1 percent to the general fund of the county.

�� (e) For payments due July 1, 1996, and thereafter:

�� (A) 33.3 percent to the county school fund.

�� (B) 66.7 percent to the general fund of the county.

�� (3) If the amount of the taxes was determined under ORS 308.807 (2) they shall be deposited in the unsegregated tax collections account and distributed according to the percentage distribution schedule in ORS 311.390.

�� (4) If the return or taxes are found to be incorrect, the department shall notify the association of the error, and refund any overpayment or demand payment of any deficiency. [Amended by 1963 c.238 �3; 1969 c.492 �5; 1991 c.459 �171; 2001 c.114 �19]

�� 308.820 Tax as a lien; delinquency date; action to collect. (1) All taxes levied under ORS 308.805 shall be a debt due and owing from the association and shall be a lien on all the property, real and personal, of the association from March 1 of each year. The taxes shall be delinquent if not paid within 30 days of the due date thereof. Interest shall be charged on the delinquent taxes in the manner prescribed in ORS 305.220.

�� (2) The Department of Revenue shall enforce collection of the taxes levied under ORS

ORS 31.200

31.200 in 2003]

�� 30.155 [1955 c.365 �1; renumbered 31.205 in 2003]

�� 30.160 [1955 c.365 �2; renumbered 31.210 in 2003]

�� 30.165 [1955 c.365 �3; 1991 c.249 �4; renumbered 31.215 in 2003]

�� 30.170 [1955 c.365 �4; renumbered 31.220 in 2003]

�� 30.175 [1955 c.365 �5; renumbered 31.225 in 2003]

ACTIONS AGAINST FORMER EMPLOYER FOR DISCLOSURE OF INFORMATION

�� 30.178 Liability of employer for disclosing information about employee to new employer; no action based on compelled self-publication. (1) An employer who discloses information about a former employee�s job performance to a prospective employer of the former employee upon request of the prospective employer or of the former employee is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith is rebutted upon a showing that the information disclosed by the employer was knowingly false or deliberately misleading, was rendered with malicious purpose or violated any civil right of the former employee protected under ORS chapter 659 or 659A.

�� (2) A civil action for defamation may not be maintained against an employer by an employee who is terminated by the employer based on a claim that in seeking subsequent employment the former employee will be forced to reveal the reasons given by the employer for the termination. [1995 c.330 �1; 1997 c.754 �1; 2001 c.621 �68]

ACTIONS ARISING OUT OF PROVISION OF UTILITY SERVICES

�� 30.180 Definitions for ORS 30.180 to 30.186. As used in ORS 30.180 to 30.186:

�� (1) �Customer� means the person in whose name a utility service is provided.

�� (2) �Divert� means to change the intended course or path of the utility service without the authorization or consent of the utility.

�� (3) �Person� means any individual, partnership, firm, association, corporation or government agency.

�� (4) �Reconnection� means the commencement of utility service to a customer or other person after service has been lawfully disconnected by the utility.

�� (5) �Tamper� means to rearrange, injure, alter, interfere with or otherwise prevent from performing the normal or customary function.

�� (6) �Utility� means a private corporation, a municipal corporation or an agency thereof, any other public corporation or any district that provides electricity, gas, water, telephone or cable television to customers on a retail or wholesale basis.

�� (7) �Utility service� means the provision of electricity, gas, water, telephone, cable television, electronic communications, steam or any other service or commodity furnished by the utility for compensation. [1989 c.670 �3]

�� 30.182 Civil action for taking of or tampering with utility services. A utility may bring a civil action for damages against any person who knowingly and willfully commits, authorizes, solicits, aids, abets or attempts to:

�� (1) Divert, or cause to be diverted, utility services by any means whatsoever;

�� (2) Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility;

�� (3) Prevent any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;

�� (4) Tamper with any property owned or used by the utility to provide utility services; or

�� (5) Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the utility. [1989 c.670 �1]

�� 30.184 Amount recoverable; attorney fees. In any civil action brought under this section, the utility shall recover from the defendant the greater of actual damages, if any, or $100. Actual damages include the costs incurred on account of the bypassing, tampering or unauthorized reconnection, including but not limited to costs and expenses for investigation, disconnection, reconnection and service calls. The utility may recover punitive damages in addition to actual damages. The court may award reasonable attorney fees and expert witness fees to the prevailing party in an action under this section. [1989 c.670 �2; 1993 c.217 �1; 1995 c.618 �22]

�� 30.186 Remedies not exclusive. The remedies provided in ORS 30.180 to 30.186 are in addition to, and not in lieu of, any and all other remedies, both civil and criminal, provided by law. [1989 c.670 �4]

�� 30.190 [1981 c.785 �3; 1983 c.521 �3; 1995 c.618 �23; renumbered 30.198 in 1999]

ACTIONS ARISING OUT OF PROVISION OF CABLE SERVICES

�� 30.192 Definitions for ORS 30.192 to 30.196. As used in ORS 30.192 to 30.196:

�� (1) �Cable operator� means a person who:

�� (a) Lawfully provides cable service over a cable system in which the person, directly or through one or more affiliates, owns a significant interest; or

�� (b) Lawfully controls or is responsible for the management and operation of a cable system through an arrangement.

�� (2) �Cable service� means:

�� (a) One-way transmission to subscribers of a video programming service;

�� (b) Two-way interactive services delivered over a cable system; or

�� (c) Any communication with subscribers necessary for the use of video programming or interactive service.

�� (3) �Cable system� means a facility consisting of closed transmission paths and associated signal operation, reception and control equipment that is designed to provide cable service. [1999 c.705 �1]

�� 30.194 Prohibitions relating to cable services. A person shall not knowingly:

�� (1) Obtain cable service from a cable operator by trick, artifice, deception, use of an unauthorized device or decoder, or other means without authorization or with the intent to deprive the cable operator of lawful compensation for services rendered;

�� (2) Make or maintain, without authorization from or payment to a cable operator, a connection or connections, whether physical, electrical, mechanical, acoustical or otherwise with any cable, wire, component or other device used for the distribution of cable services, except that nothing in this subsection is intended to make unlawful circumstances in which the person has attached a wire or cable to extend authorized or paid cable services to an additional outlet or in which the cable operator has failed to disconnect previously authorized or paid cable service;

�� (3) Modify, alter or maintain a modification or alteration to a device installed by a cable operator if the modification or alteration is for the purpose of intercepting or otherwise receiving cable service without authorization from or payment to the cable operator;

�� (4) Possess, with intent to receive cable services without authorization from or payment to a cable operator, a printed circuit board or other device designed in whole or in part to facilitate:

�� (a) Receiving cable services offered for sale over a cable system; or

�� (b) Performing or facilitating any act described in subsections (1) to (3) of this section;

�� (5) Manufacture, import into this state, distribute, sell, lease or offer for sale or lease, with intent to promote the receipt of cable services without authorization from or payment to a cable operator, any printed circuit board, plan or other device, or a kit for such a device, designed in whole or in part to facilitate:

�� (a) Receiving cable services offered for sale over a cable system; or

�� (b) Performing or facilitating any act described in subsections (1) to (3) of this section; or

�� (6) Fail to return or surrender, upon demand and after service has been terminated, equipment provided by a cable operator to receive cable service. [1999 c.705 �2]

�� 30.195 Civil action for violation of prohibitions relating to cable services. (1) A cable operator may bring a civil action for damages against any person who violates any provision of ORS

ORS 311.805

311.805); 1961 c.533 �50; 1971 c.737 �3; 1973 c.347 �1; 1975 c.395 �3; 1979 c.702 �1; 1985 c.162 �10; 1991 c.459 �260; 1993 c.6 �3; 1993 c.270 �60; 1995 c.650 �71; 1997 c.541 ��295,296; 2003 c.38 �1; 2005 c.394 �1; 2007 c.364 �1; 2015 c.31 �1; 2015 c.444 �8; 2017 c.27 �1; 2021 c.356 �2; 2023 c.29 �36]

�� 311.807 Refund reserve account; deposits; payment of refunds; rules. (1) The county treasurer may maintain an account designated as the refund reserve account. The refund reserve account shall consist of the funds deposited by the treasurer under subsection (2) of this section, plus interest earned thereon.

�� (2)(a) Each year, the treasurer may deposit in the refund reserve account, from the unsegregated tax collections account, an amount equal to 100 percent of the anticipated annual refunds for the county.

�� (b) Any deposit into the refund reserve account from taxes collected in November shall not exceed two-thirds of the total anticipated annual refunds for the county.

�� (3) The moneys in the refund reserve account shall first be used to pay refunds determined to be due under ORS 311.806.

�� (4) If the moneys in the refund reserve account are insufficient to pay refunds at any time, refunds shall be made out of the unsegregated tax collections account. If funds are not available in either the refund reserve account or the unsegregated tax collections account, the county governing body may delay payment of the refunds until sufficient funds are available.

�� (5) If, at the end of the fiscal year, the balance in the refund reserve account exceeds the amount necessary to pay estimated refunds, the treasurer shall distribute the excess to the unsegregated tax collections account.

�� (6) The Department of Revenue shall provide by rule the method to be used to calculate anticipated annual refunds for the county. [1991 c.459 �266; 1993 c.650 �3; 2005 c.94 �65; 2017 c.315 �18]

�� 311.808 When refund on real property, manufactured structure or floating home prohibited. A refund of property taxes under ORS 311.806 (1)(h) may not be made on real property, a manufactured structure or a floating home if all of the following conditions are present:

�� (1) A mortgagee has requested the tax statement for the property under ORS 311.252 and has paid the tax on the property.

�� (2) The tax roll shows payment of the taxes, and thereafter the property is sold to a bona fide purchaser. [1975 c.395 �2; 1989 c.297 �2; 1993 c.270 �71; 2003 c.38 �2; 2015 c.31 �5]

�� 311.810 [Repealed by 1965 c.344 �42]

�� 311.812 No interest on refunds under ORS 311.806; exceptions; rate. (1) Except as provided in subsection (2) of this section, interest may not be paid upon any tax refunds made under ORS 311.806.

�� (2) Interest as provided in subsection (3) of this section shall be paid on the following refunds:

�� (a) A refund resulting from the correction under ORS 308.242 (2) or (3) or 311.205 of an error made by the assessor, Department of Revenue or tax collector.

�� (b) A refund resulting from a written stipulation of the county assessor or the county tax collector if the written stipulation constitutes a final determination that is not subject to appeal.

�� (c) Any refund ordered by the Department of Revenue if no appeal is taken or can be taken from the department�s order.

�� (d) Refunds ordered by the Oregon Tax Court or the Supreme Court if the order constitutes a final determination of the matter.

�� (e) Refunds of taxes collected against real or personal property not within the jurisdiction of the tax levying body.

�� (f) Refunds due to reductions in value ordered by a county property value appeals board where no appeal is taken.

�� (g) Refunds due to reductions in value made pursuant to ORS 309.115.

�� (h) Refunds due to a claim for a veteran�s exemption for a prior tax year that is filed pursuant to ORS 307.262.

�� (3)(a) The interest provided by subsection (2) of this section shall be paid at the rate of one percent per month, or fraction of a month, computed from the time the tax was paid or from the time the first installment thereof was due, whichever is the later. If a discount is given at the time the taxes are paid, interest shall be computed only on the net amount of taxes to be refunded. If any portion of a refund described in subsection (2) of this section results from an assessment based on inaccurate information contained in a report filed by a taxpayer, interest shall be computed on only the portion of the refund that is not attributable to the inaccurate information contained in the taxpayer report.

�� (b) As used in this subsection, �report� means a return, statement or any other information provided by a taxpayer in writing to the department or county assessor. [1971 c.737 �2; 1975 c.704 �4; 1977 c.606 �3; 1981 c.804 �89a; 1983 s.s. c.5 �22; 1993 c.270 �61; 1995 c.79 �151; 1995 c.226 �13; 1997 c.541 �298; 1999 c.862 �5; 2001 c.199 �4; 2005 c.394 �2; 2007 c.545 �1; 2007 c.590 �3; 2009 c.41 �5; 2023 c.29 �37]

�� 311.813 Refunds ordered by certain courts. If a refund of ad valorem property tax is ordered by a court of competent jurisdiction other than a court mentioned in ORS 311.806 (1)(a), the refund and any interest ordered to be paid thereon shall be refunded out of the unsegregated tax collections account established under ORS 311.385. [1987 c.301 �2]

�� 311.814 Appeal of large amounts of value; reserve account for refunds. (1) Whenever any property value or claim for exemption or cancellation of a property tax assessment is appealed to the Oregon Tax Court after taxes on the property have been imposed, the Department of Revenue shall notify the county treasurer of the appeal not later than the following October 15, if the appeal is not finally resolved before the end of the tax year to which the appeal relates and the dollar difference between the total value asserted by the taxpayer and the total value asserted by the opposing party exceeds one-fourth of one percent (0.0025) of the total assessed value in the county, or if the appeal relates to property assessed under ORS 308.505 to 308.674, and the value of such property asserted by the opposing party and attributable to the county exceeds one-fourth of one percent (0.0025) of the total assessed value in the county. After notification, the county treasurer shall set aside, if so ordered by the county governing body, from taxes collected in the current tax year, an interest bearing reserve account as provided in this section.

�� (2) The reserve shall consist of an amount representing that portion of taxes paid by the petitioner attributable to the amount of value in dispute for each tax year that the appeal remains unresolved. Upon termination of the controversy, the principal amount in the account necessary to pay any refund, and any interest provided for under ORS 311.812, shall be paid to the petitioner. Any excess remaining in the reserve after termination of the controversy and payment of a refund, if any, shall be deposited in the unsegregated tax collections account in full satisfaction of the tax due on the property.

�� (3) If the final resolution of the controversy results in additional taxes due on the property, the amount in the reserve account shall be deposited into the unsegregated tax collections account and shall be distributed according to the distribution percentage schedule for the current tax year prepared in accordance with ORS 311.390. The additional taxes shall be collected as provided in ORS 311.513. [1991 c.459 �265; 1993 c.270 �63; 1995 c.256 �8; 1995 c.650 �72; 1997 c.541 ��299,300; 2003 c.274 �4; 2007 c.126 �1]

�� 311.815 Abandonment of purpose for which special tax levied; refund or cancellation of tax. If a special tax to raise funds for a specified purpose is levied in a school district, road district, irrigation district or drainage district and the project or specific purpose for which the tax is levied is thereafter definitely abandoned, either wholly or in part, or the fund raised by the tax or any portion thereof remains unexpended for a period of two years, after the levy of the tax, the county court at the written request of the directors of the district may, by resolution, provide for the refunding of the tax or portion of tax so remaining unexpended to the taxpayers who paid the tax and for the cancellation of the unpaid tax or proportion of the tax that has become delinquent. The county court shall take such action by resolution spread upon its journal. Repayment shall be made by orders drawn on the county treasurer and issued to the taxpayers shown by the tax records to have originally made the payments. Cancellation of unpaid taxes shall be effected by noting the cancellation of the taxes on the tax records of the county. [Amended by 2011 c.204 �10]

�� 311.820 [1955 c.759 ��1,2,3,4; repealed by 1965 c.344 �39 (311.821 enacted in lieu of 311.820 and 311.825)]

�� 311.821 Refunds authorized in event of certain boundary changes of taxing districts; reimbursements. (1) Whenever in any year the boundaries of a taxing district have been reduced by proceedings occurring after the date provided in ORS 308.225, and whenever such changes in boundaries were not disregarded by the county assessor as required by ORS 308.225, and as a result thereof taxes have been levied and collected upon the reduced territory of such district, which taxes were not levied and extended upon the territory detached from such district, the county governing body shall refund out of the unsegregated tax collections account to the taxpayers of the territory upon which the levy was imposed and the taxes collected, the proportionate amount of money in excess of the amount that would have been collected from the territory comprising the entire district had the levy been uniform throughout the district. A written claim for refund of such collection shall be filed with the county governing body within six years from the assessment date for the fiscal year for which the taxes were collected.

�� (2) Whenever in any year the boundaries of a taxing district have been reduced by boundary changes pursuant to law after the date provided in ORS 308.225, and such changes in boundaries have been disregarded by the county assessor as required by ORS 308.225, and as a result thereof taxes were levied upon property within such withdrawn area by such district and also for the same tax year by another taxing district providing the same service or services, subjecting such property to double taxation for any tax year, the county governing body shall refund out of the unsegregated tax collections account to the taxpayers of the territory upon which the levy was imposed and the tax was collected the proportionate amount of money in excess of the amount that would have been paid by such taxpayers had the withdrawal been recognized by the assessor as effective for the tax year involved; provided, all such property shall remain liable for indebtedness incurred prior to the boundary change as otherwise required by law. A written claim for refund of such tax collection shall be filed with the county governing body within two years from the assessment date for the fiscal year for which the taxes were collected.

�� (3) If the claim is in proper form, the county governing body shall take action by resolution spread upon its journal, and repayments shall be made by orders drawn on the county treasurer for the several amounts and issued to the several taxpayers shown by the tax records to have made the payments originally.

�� (4) Immediately upon such reimbursement the tax collector shall make the necessary correcting entries in the records of the office of the tax collector. [1965 c.344 �40 (enacted in lieu of 311.820 and 311.825); 1979 c.702 �3; 1985 c.162 �11]

�� 311.825 [1957 c.335 ��1,2,3; 1961 c.522 �7; repealed by 1965 c.344 �39 (311.821 enacted in lieu of 311.820 and 311.825)]

�� 311.827 [1969 c.605 �57; repealed by 1971 c.529 �37]

�� 311.830 [1957 c.600 �2; repealed by 1965 c.344 �42]

�� 311.835 [1957 c.600 ��3,4; repealed by 1965 c.344 �42]

�� 311.840 [1957 c.600 ��5,6,7; repealed by 1965 c.344 �42]

�� 311.845 [1957 c.600 �8; repealed by 1965 c.344 �42]

PREPAYMENT OF TAXES FOR FACILITIES

�� 311.850 Findings. The Legislative Assembly finds that the construction of a facility may have substantial economic impact upon units of local government obligated to furnish services, buildings or other resources in the area in which the facility is being constructed. The Legislative Assembly further finds that this impact may occur in advance of the time when sufficient real market value occasioned by construction of the facility is added to the assessment and tax roll to bear the facility�s portion of the costs of the governmental services, buildings or other resources that the facility�s construction necessitates. The purposes of ORS 311.850 to 311.870 is to provide a method for prepaying ad valorem property taxes during the period of planning and construction of the facility, in order that units of local government may provide the services, buildings or other resources necessitated without imposing an undue burden upon other properties subject to taxation within the unit, and to provide for repayment of the amounts prepaid. [1975 c.563 �1; 1991 c.459 �261; 2005 c.94 �66]

�� 311.855 Definitions for ORS 311.850 to 311.870. As used in ORS 311.850 to 311.870, unless the context requires otherwise, �facility� means:

�� (1) A thermal power plant, as defined in ORS 469.300.

�� (2) A hydroelectric power project, as described in ORS 543.010.

�� (3) Any building or improvement that is suitable for use for industrial, commercial, manufacturing or warehousing purposes. [1975 c.563 �2]

�� 311.860 Agreement for prepayment; contents; filing; certificate of payment. (1) Any person proposing to construct a facility who has applied for and obtained the necessary preliminary construction permits or certificates and the governing body of any taxing unit obligated to furnish services, buildings or other resources in the area in which the construction is to take place may enter into an agreement to carry out the purposes of ORS 311.850. An agreement entered into under this section shall contain provisions pertaining to and in accordance with the following:

�� (a) The payment of moneys to the taxing unit by the person proposing to construct the facility. The person shall make the payment prior to or during the period of the construction.

�� (b) The amounts of the payments to be made by the person proposing to construct the facility and the dates for making the payments.

�� (c) A reduction in real market value for the facility for purposes of computing the rate of levy of the taxing unit entering into the agreement for each year of a period of years, not to exceed 10, commencing on or in the course of completion of the construction of the facility. The amount of reduction allowed by the agreement shall be a percentage amount, not to exceed 50 percent, of the real market value of the facility as of any assessment date affected by the reduction, and may be fixed or graduated over the period of years for which the reduction is allowed. The total reduction allowed by the agreement shall result in a tax benefit for the facility that is estimated to be equivalent to the total amount of payments made under the agreement to the taxing unit, plus interest at the maximum rate of eight percent per annum from the date of each payment. In no event, however, shall the total reduction in real market value during the period of years of reduction cause a total reduction in taxes that exceeds the total amount of moneys previously paid plus interest.

�� (2) A copy of an agreement entered into under this section shall be filed with the county assessor of each county in which a taxing unit that is a party to the agreement is located.

�� (3) Prior to April 1 preceding the first tax year for which the exemption granted by ORS

ORS 311.806

311.806.

�� (8)(a) Upon application of the taxpayer, the assessor may waive the liability for property tax late filing penalties under this subsection if the taxpayer:

�� (A) Has never filed a personal property tax return in this state;

�� (B) Has failed to file a property tax return for one or more consecutive years;

�� (C) Has not previously received relief from property tax late filing penalties under this subsection; and

�� (D) Files an application for relief from property tax late filing penalties that satisfies the requirements of paragraph (b) of this subsection.

�� (b) An application for relief from property tax late filing penalties shall include a statement by the taxpayer setting forth the basis for relief from property tax late filing penalties and a statement under oath or affirmation that the basis for relief from property tax late filing penalties as stated in the application is true.

�� (c) The county assessor may allow the application for relief from property tax late filing penalties if the assessor finds the reasons given by the taxpayer in the application are sufficient to excuse the failure to file the property tax returns at issue in the application. If the assessor allows the application, the assessor may deny or grant relief from property tax late filing penalties in whole or in part. The determination of the assessor whether to grant the application or deny the application in whole or in part and whether to permit the taxpayer to pay the owing tax penalties, if any, in installments is final. The assessor shall notify the taxpayer of the decision.

�� (d) Nothing in this subsection affects the obligation of the taxpayer to file property tax returns or to pay property taxes owing from the current or delinquent tax years. [1997 c.819 �5; 1999 c.655 �1; 2001 c.303 �3; 2001 c.925 �14; 2003 c.63 �3; 2007 c.451 �2; 2007 c.824 �3; 2015 c.38 �4; 2023 c.29 �15]

�� 308.297 Personal property returns to note penalty for delinquency. Any personal property tax return form given to a taxpayer by an assessor or the Department of Revenue shall contain within it a printed notice, or be accompanied by a printed notice, of the penalty, for delinquency in filing a personal property tax return. [1967 c.405 �2; 1985 c.604 �7]

�� 308.300 Penalty for neglecting to file real property or combined return with intent to evade taxation. (1) Except as provided in subsection (2) of this section, any person, managing agent or officer who, with intent to evade taxation, refuses or neglects to make any return required by ORS 308.290 and to file it with the assessor or the Department of Revenue within the time specified shall be subject to a penalty of $10 for each day of the continuance of such refusal or neglect. Such penalty may be recovered in a proper action brought in the name of the county in any court of competent jurisdiction or as provided for a penalty for delinquency.

�� (2) This section does not apply to the failure to file a personal property return. [Amended by 1991 c.459 �109; 1997 c.819 �7; 2015 c.38 �5]

�� 308.302 Disposition of penalties. All penalties collected pursuant to ORS 308.030, 308.295, 308.296 or 308.300 shall be credited to the general fund of the county. [1953 c.49 �2; 1977 c.884 �31; 1999 c.655 �4]

�� 308.305 [Repealed by 1955 c.610 �1]

�� 308.309 [1955 c.488 �1; 1957 c.541 �1; 1959 c.81 �1; renumbered 321.955]

�� 308.310 When list of persons issued electrical permits supplied. The Electrical and Elevator Board in the Department of Consumer and Business Services shall furnish any county assessor upon request a complete list of those persons who have been issued electrical permits in such county within one year of the date of the request, together with the location of the electrical installations requested thereby. The board shall have 30 days to prepare the list after the board has received the request. [Amended by 1983 c.740 �88; 1987 c.414 �149; 1993 c.744 �107]

�� 308.315 [Repealed by 1955 c.610 �1]

�� 308.316 Examining witnesses, books and records; reference of matter to department upon failure to produce records or testify. (1) The county assessor, for the purpose of ascertaining the correctness of any assessment or for the purpose of making any assessment, and the officer having possession of the roll, for the purpose of discovering any omitted value or property under ORS 311.216 to 311.232, may examine or cause to be examined by any agent or representative designated by the assessor or officer any books, papers, records or memoranda bearing on the value, possession, ownership or location of any property, and may require the attendance of the taxpayer or any other person having knowledge in the premises. The assessor may administer oaths to such persons, take their testimony, and require proof material to the information requested. Examination shall be made and testimony taken during regular business hours at the taxpayer�s or person�s place of business in the county, or at another place convenient to the parties.

�� (2) If any person fails to permit the examination of any books, papers or documents considered by the assessor to be pertinent to the investigation or inquiry being made, or to testify to any matter in the premises, the assessor shall refer the matter to the Department of Revenue, stating in full the facts governing the request and refusal. The department may require the assessor to present additional facts, or the department may conduct other inquiries necessary to a consideration of the matter. If the department finds that the examination should be made or the testimony taken, it shall take any action it considers appropriate under the powers granted to it by law, including the subpoenaing and examination of witnesses, books and papers pursuant to ORS 305.190, to the end that the property under consideration is ratably assessed according to law.

�� (3) For the purposes of this section the words �county assessor� or �assessor� mean both the county assessor and the officer described in ORS 311.216 to 311.232 having possession of the roll. [1955 c.610 �2; 1981 c.804 �51]

�� 308.320 Oath of assessor upon completion of assessment roll. (1) Every county assessor, at the time of the completion of the assessment roll, shall take and subscribe to an oath in substantially the following language and form:

State of Oregon�� )

�� )�� ss.

County of ______�� )

�� I, _____, being the duly elected, qualified and acting assessor of the above-named county, do solemnly swear that I have diligently and to the best of my ability assessed all property in said county, which by law I am permitted to assess; that I have not willfully or knowingly omitted to assess any person or property, or valued over its assessed value any property or class of property whatever.

�� Subscribed and sworn to before me this ___ day of _, 2_.

(Signature and title of officer)

(Official seal)

�� (2) The oath shall forthwith be filed by the assessor with the Department of Revenue with the Summaries of Assessments and Levies Report.

�� (3) No assessor shall fail to make and subscribe to the oath required by this section nor to file the oath with the Department of Revenue. [Amended by 1981 c.804 �52; 1991 c.459 �110; 1997 c.541 �171]

�� 308.325 [Repealed by 2017 c.28 �1]

�� 308.330 Duty of assessor to assess properly. No assessor shall willfully or knowingly:

�� (1) Omit to assess any person or property assessable.

�� (2) Assess any property or class of property under or over its value, as provided in ORS

ORS 314.455

314.455, 314.460 and 314.465); 1995 c.650 �34]

�� 314.469 Treatment of moneys collected under ORS 314.406. Moneys collected under ORS 314.406 shall be considered net revenue from the tax imposed under ORS chapter 316 for purposes of ORS 316.502. [2007 c.568 �13]

�� 314.470 [1957 c.632 �26 (enacted in lieu of 316.675 and 317.480); repealed by 1961 c.20 �1]

ESTIMATED TAX PROCEDURE

�� 314.505 Estimate of tax liability by corporations; rules. (1) Every corporation expecting to have a tax liability under either ORS chapter 317 or 318 of $500 or more shall make an estimate of tax liability for the corporation�s tax year and pay the amount of tax determined as provided in ORS 314.515.

�� (2) The Department of Revenue shall by rule provide for the payment of estimated tax liability by a group of affiliated corporations filing a consolidated return.

�� (3) As used in ORS 314.505 to 314.525, the term �estimated tax liability� means the tax computed under ORS chapter 317 or 318 less the credits allowed for purposes of ORS chapter 317 or 318. [1973 c.292 �1; 1984 c.1 �16; 1993 c.730 �41; 1997 c.299 �5]

�� 314.515 Installment schedule for payment of estimated tax. (1) A corporation required under ORS 314.505 to make payments of estimated tax shall make the payments to the Department of Revenue in installments as follows:

�� (a) One-quarter or more of the estimated tax shall be paid on or before the 15th day of the fourth month of the taxable year.

�� (b) One-quarter or more of the estimated tax shall be paid on or before the 15th day of the sixth month of the taxable year.

�� (c) One-quarter or more of the estimated tax shall be paid on or before the 15th day of the ninth month of the taxable year.

�� (d) The balance of the estimated tax shall be paid on or before the 15th day of the 12th month of the taxable year.

�� (2) Any payment of estimated tax received by the department for which the corporation has made no designation of the quarterly installment to which the payment is to be applied, shall first be applied to underpayments of estimated tax due for any prior quarter of the taxable year. Any excess amount shall be applied to the installment that next becomes due after the payment was received. [1973 c.292 �2; 1981 c.678 �4; 1985 c.603 �2]

�� 314.518 Estimated tax payments by electronic funds transfer; phase-in; rules. (1) A corporation required to make a payment of estimated tax under ORS 314.505 to 314.525 shall make the payment by means of electronic funds transfer if:

�� (a) For payment periods beginning on or after July 1, 2001, and before January 1, 2002, the corporation�s annual total amount of estimated tax liability exceeds $50,000.

�� (b) For payment periods beginning on or after January 1, 2002, the corporation is required to make federal estimated tax payments electronically.

�� (2) The Department of Revenue may adopt rules that provide exemptions from the requirement that estimated tax be paid by electronic funds transfer when the taxpayer is disadvantaged by required payment by electronic funds transfer.

�� (3) The Department of Revenue may accept electronically filed payments voluntarily submitted by a corporation that is not required to pay by means of electronic funds transfer.

�� (4) As used in this section, �electronic funds transfer� has the meaning given that term in ORS 293.525. [1997 c.299 �4; 1999 c.21 �35; 2001 c.28 �5; 2001 c.114 �30]

�� 314.520 State agency authority over certain electronic funds transfer payments. ORS 314.505, 314.518 and 316.198 do not alter the authority under ORS 293.525 of a state agency to require by rule that certain payments to the agency be made by electronic funds transfer. [1997 c.299 �6; 2001 c.114 �39; 2005 c.28 �2]

�� Note: 314.520 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 314 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 314.525 Underpayment of estimated tax; interest; nonapplicability of penalties. (1) An underpayment of estimated tax under ORS 314.505 to 314.525 will be considered to have occurred if the estimated tax is not paid as required.

�� (2) Notwithstanding subsection (1) of this section, there shall be no underpayment of estimated tax if the estimated tax paid equals or exceeds the amount described in any one of the following paragraphs:

�� (a) The amount which would be required to be paid if the estimated tax liability were equal to 100 percent of the tax shown on the return for the taxable year or, if no return was filed, 100 percent of the tax for such taxable year.

�� (b) The amount which would be required to be paid if the estimated tax liability were equal to 100 percent of the tax shown on the return for the preceding taxable year, and the preceding taxable year was a taxable year of 12 months.

�� (c)(A) An amount equal to 100 percent of the tax for the taxable year computed by placing on an annualized basis the taxable income:

�� (i) For the first three months of the taxable year, in the case of the installment required to be paid in the fourth month;

�� (ii) For the first three months or for the first five months of the taxable year, in the case of the installment required to be paid in the sixth month;

�� (iii) For the first six months or for the first eight months of the taxable year in the case of the installment required to be paid in the ninth month; and

�� (iv) For the first nine months or for the first 11 months of the taxable year, in the case of the installment required to be paid in the 12th month of the taxable year.

�� (B) For purposes of this paragraph the taxable income shall be placed on an annualized basis by:

�� (i) Multiplying by 12 the taxable income referred to in subparagraph (A) of this paragraph; and

�� (ii) Dividing the resulting amount by the number of months in the taxable year (3, 5, 6, 8, 9 or 11, as the case may be) referred to in subparagraph (A) of this paragraph.

�� (d) An amount equal to 100 percent of the amount obtained by applying section 6655(e) (3)(C) of the Internal Revenue Code to Oregon taxable income.

�� (e) An election made under section 6655(e) (2)(C) of the Internal Revenue Code (relating to annualization periods) for federal tax purposes shall also apply for purposes of estimated tax under ORS 314.505 to 314.525.

�� (3) Interest shall accrue on the underpayment of estimated tax under ORS 314.505 to 314.525 at the rate established under ORS 305.220 for the period the estimated tax or any installment thereof remains unpaid. The penalty provisions contained in this chapter and ORS chapters 317 and 318 for underpayment of tax shall not apply to underpayments of estimated tax under ORS 314.505 to 314.525.

�� (4) For purposes of subsection (3) of this section, the underpayment of estimated tax shall be the excess of:

�� (a) The amount of the installment which would be required to be paid if the estimated tax were equal to the lowest of the payments required under subsection (2) of this section (and allowed to be made by the taxpayer under subsection (5) of this section), over

�� (b) The amount, if any, of the installment paid on or before the last date prescribed for payment.

�� (5) In the case of a large corporation, subsection (2)(b) of this section shall apply only to determine the amount of the first required installment for any taxable year. Any reduction in the first installment by reason of this subsection shall be added to the amount of the next required installment determined without regard to subsection (2)(b) of this section. For purposes of this subsection, a �large corporation� is any corporation that had federal taxable income, determined without regard to any amount carried to any of the three taxable years under section 172 or 1212(a) of the Internal Revenue Code, of $1 million or more in any of the three taxable years immediately preceding the taxable year involved.

�� (6) The application of this section to taxable years of less than 12 months shall be in accordance with rules adopted by the Department of Revenue. [1973 c.292 �3; 1981 c.678 �5; 1982 s.s.1 c.16 �9; 1983 c.162 �78; 1985 c.603 �3; 1987 c.293 �61a; 1989 c.625 �63; 1995 c.556 �26; 1997 c.839 �57; 2001 c.660 �33; 2017 c.278 �10]

DIVISION OF INCOME FOR TAX PURPOSES

(General Provisions)

�� 314.605 Short title; construction. (1) ORS 314.605 to 314.675 may be cited as the Uniform Division of Income for Tax Purposes Act.

�� (2) ORS 314.610 to 314.667 shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [1965 c.152 ��20,21]

�� 314.606 Status of ORS 314.605 to 314.675 when in conflict with Multistate Tax Compact. In any case in which the provisions of ORS 314.605 to 314.675 are inconsistent with the provisions of ORS 305.653, the provisions of ORS 314.605 to 314.675 shall control. [1993 c.726 �20; 2013 c.407 �3]

�� 314.610 Definitions for ORS 314.605 to 314.675. As used in ORS 314.605 to 314.675, unless the context otherwise requires:

�� (1) �Apportionable income� means:

�� (a)(A) Income arising from transactions and activity in the regular course of the taxpayer�s trade or business;

�� (B) Income arising from the acquisition, management, employment, development or disposition of tangible and intangible property if the acquisition, management, employment, development or disposition is related to the operation of the taxpayer�s trade or business; and

�� (C) Any other income that is apportionable under the Constitution of the United States and not allocated under the laws of this state; and

�� (b) Any income that would be allocable to this state under the Constitution of the United States, but that is apportioned rather than allocated pursuant to the laws of this state.

�� (2) �Commercial domicile� means the principal place from which the trade or business of the taxpayer is directed or managed.

�� (3) �Compensation� means wages, salaries, commissions and any other form of remuneration paid to employees for personal services.

�� (4) �Financial institution� means a person, corporation or other business entity that is any of the following:

�� (a) A bank holding company under the laws of this state or under the federal Bank Holding Company Act of 1956, 12 U.S.C. 1841 et seq., as amended.

�� (b) A savings and loan holding company under the National Housing Act, 12 U.S.C. 1701 et seq., as amended.

�� (c) A national bank organized and existing as a national bank association under the National Bank Act, 12 U.S.C. 21 et seq., as amended.

�� (d) A savings association, as defined in 12 U.S.C. 1813(b)(1), as amended.

�� (e) A bank or thrift institution incorporated or organized under the laws of any state.

�� (f) An entity organized under the provisions of 12 U.S.C. 611 to 631, as amended.

�� (g) An agency or branch of a foreign bank, as defined in 12 U.S.C. 3101, as amended.

�� (h) A state credit union with loan assets that exceed $50,000,000 as of the first day of the taxable year of the state credit union.

�� (i) A production credit association subject to 12 U.S.C. 2071 et seq., as amended.

�� (j) A corporation, more than 50 percent of the voting stock of which is owned, directly or indirectly, by a person, corporation or other business entity described in paragraphs (a) to (i) of this subsection, provided that the corporation is not an insurer taxable under ORS 317.655.

�� (k) An entity that is not otherwise described in this subsection, that is not an insurer taxable under ORS 317.655 and that derives more than 50 percent of its gross income from activities that a person, corporation or entity described in paragraph (c), (d), (e), (f), (g), (h), (i) or (L) of this subsection is authorized to conduct, not taking into account any income derived from nonrecurring extraordinary sources.

�� (L) A person that derives at least 50 percent of the person�s annual average gross income, for financial accounting purposes for the current tax year and the two preceding tax years, from finance leases, excluding any gross income from incidental or occasional transactions. For purposes of this paragraph, �finance lease� means:

�� (A) A lease transaction that is the functional equivalent of an extension of credit and that transfers substantially all of the benefits and risks of the ownership of the leased property;

�� (B) A direct financing lease or a leverage lease that meets the criteria of Financial Accounting Standards Board Statement No. 13; or

�� (C) Any other lease that is accounted for as a financing by a lessor under generally accepted accounting principles.

�� (5) �Nonapportionable income� means all income other than apportionable income.

�� (6) �Public utility� means any business entity whose principal business is ownership and operation for public use of any plant, equipment, property, franchise, or license for the transmission of communications, transportation of goods or persons, or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, oil, oil products or gas.

�� (7) �Sales� means all gross receipts of the taxpayer that are not allocated under ORS 314.615 to

ORS 314.714

314.714 (1). [1989 c.625 �32 (enacted in lieu of 316.352)]

�� 316.125 [1953 c.304 �17; repealed by 1969 c.493 �99]

�� 316.127 Income of nonresident from Oregon sources. (1) The adjusted gross income of a nonresident derived from sources within this state is the sum of the following:

�� (a) The net amount of items of income, gain, loss and deduction entering into the nonresident�s federal adjusted gross income that are derived from or connected with sources in this state including (A) any distributive share of partnership income and deductions and (B) any share of estate or trust income and deductions; and

�� (b) The portion of the modifications, additions or subtractions to federal taxable income provided in this chapter and other laws of this state that relate to adjusted gross income derived from sources in this state for personal income tax purposes, including any modifications attributable to the nonresident as a partner.

�� (2) Items of income, gain, loss and deduction derived from or connected with sources within this state are those items attributable to:

�� (a) The ownership or disposition of any interest in real or tangible personal property in this state;

�� (b) A business, trade, profession or occupation carried on in this state; and

�� (c) A taxable lottery prize awarded by the Oregon State Lottery, including a taxable lottery prize awarded by a multistate lottery association of which the Oregon State Lottery is a member if the ticket upon which the prize is awarded was sold in this state.

�� (3) Income from intangible personal property, including annuities, dividends, interest and gains from the disposition of intangible personal property, constitutes income derived from sources within this state only to the extent that such income is from property employed in a business, trade, profession or occupation carried on in this state.

�� (4) Deductions with respect to capital losses, net long-term capital gains, and net operating losses shall be based solely on income, gains, losses and deductions derived from or connected with sources in this state, under regulations to be prescribed by the Department of Revenue, but otherwise shall be determined in the same manner as the corresponding federal deductions.

�� (5) Notwithstanding subsection (3) of this section:

�� (a) The income of an S corporation for federal income tax purposes derived from or connected with sources in this state constitutes income derived from sources within this state for a nonresident individual who is a shareholder of the S corporation; and

�� (b) A net operating loss of an S corporation derived from or connected with sources in this state constitutes a loss or deduction connected with sources in this state for a nonresident individual who is a shareholder of the S corporation.

�� (6) If a business, trade, profession or occupation is carried on partly within and partly without this state, the determination of net income derived from or connected with sources within this state shall be made by apportionment and allocation under ORS 314.605 to 314.675.

�� (7) Compensation paid by the United States for service in the Armed Forces of the United States performed by a nonresident does not constitute income derived from sources within this state.

�� (8) Compensation paid to a nonresident for services performed by the nonresident at a hydroelectric facility does not constitute income derived from sources within this state if the hydroelectric facility:

�� (a) Is owned by the United States;

�� (b) Is located on the Columbia River; and

�� (c) Contains portions located within both this state and another state.

�� (9)(a) Retirement income received by a nonresident does not constitute income derived from sources within this state unless the individual is domiciled in this state.

�� (b) As used in this section, �retirement income� means retirement income as that term is defined in 4 U.S.C. 114, as amended and in effect for the tax period.

�� (10) Compensation for the performance of duties described in this subsection that is paid to a nonresident does not constitute income derived from sources within this state if the individual:

�� (a) Is engaged on a vessel to perform assigned duties in more than one state as a pilot licensed under 46 U.S.C. 7101 or licensed or authorized under the laws of a state; or

�� (b) Performs regularly assigned duties while engaged as a master, officer or member of a crew on a vessel operating in the navigable waters of more than one state. [1969 c.493 �23; 1971 c.672 �2; 1973 c.269 �2; 1975 c.705 �4; 1983 c.684 �15a; 1989 c.625 �9; 1997 c.654 �6; 1997 c.839 �10; 1999 c.143 �4; 1999 c.556 �1; 1999 c.580 �7; 2001 c.77 ��1,4; 2001 c.114 �37; 2003 c.77 �24; 2014 c.114 �13]

�� 316.130 Determination of taxable income of full-year nonresident. (1) The taxable income for a full-year nonresident individual is adjusted gross income attributable to sources within this state determined under ORS 316.127, with the modifications (except those provided under subsection (2) of this section) as otherwise provided under this chapter and other laws of this state applicable to personal income taxation, less the deductions allowed under subsection (2) of this section.

�� (2)(a) A full-year nonresident individual shall be allowed the deduction for a standard deduction or itemized deductions allowable to a resident under ORS 316.695 (1) in the proportion provided in ORS 316.117.

�� (b) A full-year nonresident individual shall be allowed to deduct the amount of any accrued federal income taxes and foreign country income taxes as provided in ORS

ORS 314.835

314.835 controls. [2003 c.818 �8a]

(Local Transient Lodging Taxes)

�� 320.345 Collector reimbursement charges. (1) On or after January 1, 2001, a unit of local government that imposed a local transient lodging tax on December 31, 2000, and allowed a transient lodging tax collector to retain a collection reimbursement charge on that tax, may not decrease the rate of the collection reimbursement charge.

�� (2) A unit of local government that imposes a new local transient lodging tax on or after January 1, 2001, shall allow a transient lodging tax collector to retain a collection reimbursement charge of at least five percent of all collected local transient lodging tax revenues. The unit of local government may increase the rate of the collection reimbursement charge.

�� (3) A unit of local government that increases a local transient lodging tax on or after January 1, 2001, shall allow a transient lodging tax collector to retain a collection reimbursement charge of at least five percent of all collected local transient lodging tax revenues, including revenues that would have been collected without the increase. The unit of local government may increase the rate of the collection reimbursement charge.

�� (4) A unit of local government may not offset the loss of local transient lodging tax revenues caused by collection reimbursement charges allowed under this section by:

�� (a) Increasing the rate of the local transient lodging tax;

�� (b) Decreasing the percentage of total local transient lodging tax revenues used to fund tourism promotion or tourism-related facilities; or

�� (c) Increasing or imposing a new fee solely on transient lodging tax collectors or tourism promotion agencies that are funded by the local transient lodging tax. [2003 c.818 �10; 2013 c.610 �11]

�� 320.347 Alternative remittance of receipts from tax on camping and recreational vehicle spaces. (1) Except as provided in this section, a unit of local government that imposes a tax on the rental of privately owned camping or recreational vehicle spaces shall, regardless of a schedule imposed by the unit of local government for remitting tax receipts, allow a transient lodging tax collector to hold the tax collected until the amount of money held equals or exceeds $100.

�� (2) Once the amount held by a transient lodging tax collector equals or exceeds $100, or by December 31 of each year if the $100 threshold is not met, the transient lodging tax collector shall remit the tax collected at the next following reporting period established by the unit of local government for payment of the tax.

�� (3) A unit of local government may not assess any penalty or interest against a transient lodging tax collector that withholds payments pursuant to this section. [2005 c.610 �4; 2013 c.610 �12]

�� 320.350 Tax moratorium; exceptions; uses of revenues. (1) A unit of local government that did not impose a local transient lodging tax on July 1, 2003, may not impose a local transient lodging tax on or after July 2, 2003, unless the imposition of the local transient lodging tax was approved on or before July 1, 2003.

�� (2) A unit of local government that imposed a local transient lodging tax on July 1, 2003, may not increase the rate of the local transient lodging tax on or after July 2, 2003, to a rate that is greater than the rate in effect on July 1, 2003, unless the increase was approved on or before July 1, 2003.

�� (3) A unit of local government that imposed a local transient lodging tax on July 1, 2003, may not decrease the percentage of total local transient lodging tax revenues that are actually expended to fund tourism promotion or tourism-related facilities on or after July 2, 2003. A unit of local government that agreed, on or before July 1, 2003, to increase the percentage of total local transient lodging tax revenues that are to be expended to fund tourism promotion or tourism-related facilities, must increase the percentage as agreed.

�� (4) Notwithstanding subsections (1) and (2) of this section, a unit of local government that is financing debt with local transient lodging tax revenues on November 26, 2003, must continue to finance the debt until the retirement of the debt, including any refinancing of that debt. If the tax is not otherwise permitted under subsection (1) or (2) of this section, at the time of the debt retirement:

�� (a) The local transient lodging tax revenue that financed the debt shall be used as provided in subsection (5) of this section; or

�� (b) The unit of local government shall thereafter eliminate the new tax or increase in tax otherwise described in subsection (1) or (2) of this section.

�� (5) Subsections (1) and (2) of this section do not apply to a new or increased local transient lodging tax if all of the net revenue from the new or increased tax, following reductions attributed to collection reimbursement charges, is used consistently with subsection (6) of this section to:

�� (a) Fund tourism promotion or tourism-related facilities;

�� (b) Fund city or county services; or

�� (c) Finance or refinance the debt of tourism-related facilities and pay reasonable administrative costs incurred in financing or refinancing that debt, provided that:

�� (A) The net revenue may be used for administrative costs only if the unit of local government provides a collection reimbursement charge; and

�� (B) Upon retirement of the debt, the unit of local government reduces the tax by the amount by which the tax was increased to finance or refinance the debt.

�� (6) At least 70 percent of net revenue from a new or increased local transient lodging tax shall be used for the purposes described in subsection (5)(a) or (c) of this section. No more than 30 percent of net revenue from a new or increased local transient lodging tax may be used for the purpose described in subsection (5)(b) of this section. [2003 c.818 �11; 2013 c.610 �10; 2018 c.34 �3]

�� 320.355 Computation of tax; total retail price; when tax due. (1)(a) A local transient lodging tax must be computed on the total retail price, including all charges other than taxes, paid by a person for occupancy of the transient lodging.

�� (b) The total retail price paid by a person for occupancy of transient lodging that is part of a travel package may be determined by reasonable and verifiable standards from books and records kept in the ordinary course of the transient lodging tax collector�s business.

�� (2) The local transient lodging tax becomes due when the occupancy of the transient lodging with respect to which the tax is imposed ends. [2018 c.34 �5; 2019 c.498 �4]

�� 320.357 Exemption of military facilities used for temporary occupancy. Barracks, quarters or other facilities or space located on installations owned, operated or controlled by the Oregon Military Department are exempt from any local transient lodging tax if the facilities or space are used for temporary overnight human occupancy by:

�� (1) Active or retired members or service veterans of the Armed Forces of the United States or the National Guard or other reserve component of the Armed Forces of the United States; or

�� (2) Employees or agents of the department. [2021 c.525 �47]

�� 320.360 Due date of returns; payment of tax; preemption. (1) The transient lodging provider or transient lodging intermediary that collects the consideration charged for occupancy of transient lodging, or a transient lodging intermediary described in ORS 320.300 (12)(c), as applicable, is responsible for collecting any local transient lodging tax and shall file a return of the tax with the unit of local government that imposes the tax, or with any tax administrator identified by the unit of local government, reporting the amount of tax due with respect to all occupancy of transient lodging that ended during the reporting period to which the return relates.

�� (2) Returns shall be filed on or before the deadline fixed by the unit of local government for filing returns and shall be made under penalties for false swearing.

�� (3) When a return is required under this section, the transient lodging tax collector required to file the return shall remit the tax due to the unit of local government at the time fixed for filing returns.

�� (4) This section applies to a transient lodging tax collector unless a charter provision or ordinance or resolution of the unit of local government, or an agreement entered into between the transient lodging tax collector and the unit of local government, provides otherwise. [2018 c.34 �6; 2019 c.498 �5]

�� 320.365 Department of Revenue to collect local transient lodging taxes on local not regional level; rules. (1) The Department of Revenue shall collect the local transient lodging taxes that the department collects for units of local government, pursuant to agreements entered into under ORS 305.620, on a local level rather than a regional level.

�� (2) The department shall adopt rules for purposes of implementing this section. [2019 c.600 �2]

TRANSPORTATION PRESERVATION AND MODERNIZATION TAXES

(Transportation Project Taxes)

�� 320.400 Definitions for ORS 320.400 to 320.490 and 803.203. As used in ORS 320.400 to 320.490 and 803.203:

�� (1)(a) �Bicycle� means:

�� (A) A vehicle that is designed to be operated on the ground on wheels for the transportation of humans and is propelled exclusively by human power; or

�� (B) An electric assisted bicycle as defined in ORS 801.258.

�� (b) �Bicycle� does not include:

�� (A) Carts;

�� (B) Durable medical equipment;

�� (C) In-line skates;

�� (D) Roller skates;

�� (E) Skateboards;

�� (F) Stand-up scooters;

�� (G) Strollers designed for the transportation of children;

�� (H) Trailer cycles or other bicycle attachments; or

�� (I) Wagons.

�� (2)(a) �Retail sales price� means the total price paid at retail for a taxable vehicle, exclusive of the amount of any excise, privilege or use tax, to a seller by a purchaser of the taxable vehicle.

�� (b) �Retail sales price� does not include the retail value of:

�� (A) Modifications to a taxable vehicle that are necessary for a person with a disability to enter or drive or to otherwise operate or use the vehicle.

�� (B) Customized industrial modifications to the chassis of a truck that has a gross vehicle weight rating of at least 10,000 pounds and not more than 26,000 pounds.

�� (3) �Seller� means:

�� (a) With respect to the privilege tax imposed under ORS 320.405 and the use tax imposed under ORS 320.410, a vehicle dealer.

�� (b) With respect to the excise tax imposed under ORS 320.415, a person engaged in whole or in part in the business of selling bicycles.

�� (4) �Taxable bicycle� means a new bicycle that has a retail sales price of $200 or more.

�� (5) �Taxable motor vehicle� means a vehicle that:

�� (a) Has a gross vehicle weight rating of 26,000 pounds or less;

�� (b)(A) If equipped with an odometer, has 7,500 miles or less on the odometer; or

�� (B) If not equipped with an odometer, has a manufacturer�s certificate of origin or a manufacturer�s statement of origin; and

�� (c) Is:

�� (A) A vehicle as defined in ORS 744.850, other than an all-terrain vehicle or a trailer;

�� (B) A camper as defined in ORS 801.180;

�� (C) A commercial bus as defined in ORS 801.200;

�� (D) A commercial motor vehicle as defined in ORS 801.208;

�� (E) A commercial vehicle as defined in ORS 801.210;

�� (F) A fixed load vehicle as defined in ORS 801.285;

�� (G) A moped as defined in ORS 801.345;

�� (H) A motor home as defined in ORS 801.350;

�� (I) A motor truck as defined in ORS 801.355;

�� (J) A tank vehicle as defined in ORS 801.522;

�� (K) A trailer as defined in ORS 801.560 that is required to be registered in this state;

�� (L) A truck tractor as defined in ORS 801.575; or

�� (M) A worker transport bus as defined in ORS 801.610.

�� (6) �Taxable vehicle� means a taxable bicycle or a taxable motor vehicle.

�� (7) �Transportation project taxes� means the privilege tax imposed under ORS 320.405, the use tax imposed under ORS 320.410 and the excise tax imposed under ORS 320.415.

�� (8)(a) �Vehicle dealer� means:

�� (A) A person engaged in business in this state that is required to obtain a vehicle dealer certificate under ORS 822.005; and

�� (B) A person engaged in business in another state that would be subject to ORS 822.005 if the person engaged in business in this state.

�� (b) Notwithstanding paragraph (a) of this subsection, a person is not a vehicle dealer for purposes of ORS 320.400 to 320.490 and 803.203 to the extent the person:

�� (A) Conducts an event that lasts less than seven consecutive days, for which the public is charged admission and at which otherwise taxable motor vehicles are sold at auction; or

�� (B) Sells an otherwise taxable motor vehicle at auction at an event described in this paragraph. [2017 c.750 �89; 2018 c.93 �10; 2019 c.491 �1; 2021 c.630 �34]

�� 320.401 Transportation project tax expenditures in continuous effect. For purposes of ORS 315.037, any tax expenditure enacted with respect to any or all transportation project taxes shall remain in continuous effect until the Legislative Assembly expressly provides otherwise. [2019 c.491 �19]

�� 320.405 Tax for privilege of engaging in business of selling motor vehicles at retail; when tax due; collection of privilege tax from purchaser. (1) A tax is imposed on each vehicle dealer for the privilege of engaging in the business of selling taxable motor vehicles at retail in this state.

�� (2)(a) The privilege tax shall be computed at the rate of 0.5 percent of the retail sales price of the taxable motor vehicle. The tax may be rounded to the nearest whole cent.

�� (b) The privilege tax becomes due upon the sale at retail of a taxable motor vehicle that:

�� (A) Has never been registered in this state; or

�� (B) Has been registered only to a vehicle dealer for use as a demonstrator in the course of the vehicle dealer�s business.

�� (3)(a) A vehicle dealer may collect the amount of the privilege tax computed on the retail sales price of a taxable motor vehicle from the purchaser of the taxable motor vehicle.

�� (b) Notwithstanding paragraph (a) of this subsection, the purchaser of a taxable motor vehicle from whom the privilege tax is collected is not considered a taxpayer for purposes of the privilege tax imposed under this section. [2017 c.750 �90; 2018 c.93 �11]

�� 320.410 Tax on use in Oregon of motor vehicles purchased out of state at retail; tax as liability of purchaser; reduction for other taxes paid. (1) A use tax is imposed on the storage, use or other consumption in this state of taxable motor vehicles purchased at retail from any seller.

�� (2) The use tax shall be computed at the rate of 0.5 percent of the retail sales price of the taxable motor vehicle.

�� (3) The use tax is a liability of the purchaser of the taxable motor vehicle.

�� (4) The use tax shall be reduced, but not below zero, by the amount of any privilege, excise, sales or use tax imposed by any jurisdiction on the sale, or on the storage, use or other consumption, of the taxable motor vehicle. The reduction under this subsection shall be made only upon a showing by the purchaser that a privilege, excise, sales or use tax has been paid.

�� (5) The amount of the use tax shall be separately stated on an invoice, receipt or other similar document that the seller provides to the purchaser or shall be otherwise disclosed to the purchaser.

�� (6) A purchaser�s liability for the use tax is satisfied by a valid receipt given to the purchaser under ORS 320.420 by the seller of the taxable motor vehicle. [2017 c.750 �91]

�� 320.415 Excise tax on retail sale of bicycles; tax as liability of purchaser; collection at time of sale. (1) An excise tax of $15 is imposed on each sale at retail in this state of a taxable bicycle and becomes due upon the sale.

�� (2) The excise tax is a liability of the purchaser of the taxable bicycle.

�� (3) The amount of the excise tax shall be separately stated on an invoice, receipt or other similar document that the seller provides to the purchaser or shall be otherwise disclosed to the purchaser.

�� (4) A seller shall collect the excise tax at the time of the taxable sale.

�� (5) A purchaser�s liability for the excise tax is satisfied by a valid receipt given to the purchaser by the seller of the taxable bicycle showing payment of the excise tax. [2017 c.750 �92; 2018 c.93 �12]

�� 320.420 Collection of use tax; time of collection; presumptions of use in this state. (1) A seller shall collect the use tax imposed under ORS 320.410 from a purchaser of a taxable motor vehicle and give the purchaser a receipt for the use tax in the manner and form prescribed by the Department of Revenue if:

�� (a) The seller is:

�� (A) Engaged in business in this state;

�� (B) Required to collect the use tax; or

�� (C) Authorized by the department, under rules the department adopts, to collect the use tax and, for purposes of the use tax, regarded as a seller engaged in business in this state; and

�� (b) The seller makes sales of taxable motor vehicles for storage, use or other consumption in this state that are subject to the use tax.

�� (2) A seller required to collect the use tax under this section shall collect the tax:

�� (a) At the time of the taxable sale; or

�� (b) If the storage, use or other consumption of the taxable motor vehicle is not taxable at the time of sale, at the time the storage, use or other consumption becomes taxable.

�� (3) To ensure the proper administration of ORS 320.410, and to prevent evasion of the use tax, the following presumptions are established:

�� (a) A taxable motor vehicle is stored, used or otherwise consumed in this state if it is present in this state for private or public display or storage.

�� (b)(A) A taxable motor vehicle sold by any seller for delivery in this state was sold for storage, use or other consumption in this state unless the contrary is proved.

�� (B) The burden of proving the contrary is on the seller unless the seller takes from the purchaser a resale certificate to the effect that the taxable motor vehicle was purchased for resale in the ordinary course of the purchaser�s business.

�� (c)(A) A taxable motor vehicle delivered outside this state to a purchaser known by the seller to be a resident of this state was purchased from the seller for storage, use or other consumption in this state and stored, used or otherwise consumed in this state unless the contrary is proved.

�� (B) The contrary may be proved by:

�� (i) A statement in writing, signed by the purchaser or an authorized agent of the purchaser and retained by the seller, that the taxable motor vehicle was purchased for storage, use or other consumption exclusively at a designated point or points outside this state; or

�� (ii) Other evidence satisfactory to the department that the taxable motor vehicle was not purchased for storage, use or other consumption in this state. [2017 c.750 �93]

�� 320.425 Exempt sales; nonresident purchasers; certain auction sales; resale certificates. (1) Notwithstanding ORS 320.405, a seller is not liable for the privilege tax with respect to a taxable motor vehicle that is sold to:

�� (a) A purchaser who is not a resident of this state; or

�� (b) A business if the storage, use or other consumption of the taxable motor vehicle will occur primarily outside this state.

�� (2) Notwithstanding ORS 320.405, a seller is not liable for the privilege tax with respect to an otherwise taxable motor vehicle that is sold at an event that lasts less than seven consecutive days, for which the public is charged admission and at which otherwise taxable motor vehicles are sold at auction.

�� (3) Notwithstanding ORS 320.405 to 320.420, a resale certificate taken from a purchaser ordinarily engaged in the business of selling taxable vehicles relieves the seller from the obligation to collect and remit transportation project taxes. A resale certificate must be substantially in the form prescribed by the Department of Revenue by rule. [2017 c.750 �94]

�� 320.430 Refunds for excess payments; overpayment applied to outstanding transportation project taxes; refund upon return of vehicle. (1)(a) If the amount of transportation project taxes paid by a seller or purchaser exceeds the amount of taxes due, the Department of Revenue shall refund the amount of the excess.

�� (b) Except as provided in paragraph (c) of this subsection, the period prescribed for the department to allow or make a refund of any overpayment of transportation project taxes paid shall be as provided in ORS 314.415.

�� (c) The department shall apply any overpayment of tax first to any amount of transportation project taxes that is then outstanding.

�� (2)(a) This subsection applies whenever a taxable motor vehicle with respect to which the privilege tax imposed under ORS 320.405 has been paid by the vehicle dealer is returned by or on behalf of the purchaser to the vehicle dealer pursuant to ORS

ORS 319.510

319.510 to 319.880.

�� [(2)] (3) �Highway� has the meaning given that term in ORS 801.305.

�� (4)(a) �Hybrid electric vehicle� means a motor vehicle that:

�� (A) Is powered by an internal combustion engine in combination with one or more electric motors that use energy stored in batteries; and

�� (B) Is not recharged from an external electric power source.

�� (b) The Department of Transportation may adopt rules that clarify the definition in paragraph (a) of this subsection to account for changes in the technology or nomenclature of hybrid electric vehicles.

�� [(3)] (5) �Lessee� means a person that leases a motor vehicle that is required to be registered in Oregon.

�� [(4)(a)] (6)(a) �Motor vehicle� has the meaning given that term in ORS 801.360.

�� (b) �Motor vehicle� does not mean a motor vehicle designed to travel with fewer than four wheels in contact with the ground.

�� (7) �Motor vehicle rental company� means a person whose primary business is renting motor vehicles to consumers under rental agreements for terms of 90 days or less.

�� (8)(a) �Plug-in hybrid electric vehicle� means a motor vehicle that:

�� (A) Is powered by an electric motor that uses batteries as well as motor vehicle fuel, as defined in ORS 319.010, to power an internal combustion engine or other source of propulsion;

�� (B) Is equipped with an onboard charger; and

�� (C) Is rechargeable from a connection to an external electric power source.

�� [(5)] (9) �Registered owner� means a person, other than a vehicle dealer that holds a certificate issued under ORS 822.020, that is required to register a motor vehicle in Oregon.

�� [(6)] (10) �Subject vehicle� means a motor vehicle that is [the subject of an application approved pursuant to ORS 319.890.] or will be classified as a passenger vehicle by the Department of Transportation and that is:

�� (a) For reporting periods beginning on or after July 1, 2027, an electric vehicle that is not a new electric vehicle;

�� (b) For reporting periods beginning on or after January 1, 2028:

�� (A) A motor vehicle described in paragraph (a) of this subsection; or

�� (B) A new electric vehicle;

�� (c) For reporting periods beginning on or after July 1, 2028:

�� (A) A motor vehicle described in paragraph (a) or (b) of this subsection; or

�� (B) A hybrid electric vehicle or a plug-in hybrid electric vehicle; or

�� (d) For reporting periods beginning before July 1, 2031:

�� (A) A motor vehicle described in paragraph (a), (b) or (c) of this subsection; or

�� (B) The subject of an application approved pursuant to ORS 319.890.

�� [(7)] (11) �Vehicle dealer� means a person engaged in business in this state that is required to obtain a vehicle dealer certificate under ORS 822.005.

�� SECTION 31. The amendments to ORS 319.883 by section 30 of this 2025 special session Act become operative on July 1, 2027.

�� SECTION 32. ORS 319.883, as amended by section 30 of this 2025 special session Act, is amended to read:

�� 319.883. As used in ORS 319.883 to 319.946:

�� (1) �Electric vehicle� means a motor vehicle that uses electricity as its only source of motive power.

�� (2) �Fuel taxes� means motor vehicle fuel taxes imposed under ORS 319.010 to 319.430 and taxes imposed on the use of fuel in a motor vehicle under ORS 319.510 to 319.880.

�� (3) �Highway� has the meaning given that term in ORS 801.305.

�� (4)(a) �Hybrid electric vehicle� means a motor vehicle that:

�� (A) Is powered by an internal combustion engine in combination with one or more electric motors that use energy stored in batteries; and

�� (B) Is not recharged from an external electric power source.

�� (5) �Lessee� means a person that leases a motor vehicle that is required to be registered in Oregon.

�� (6)(a) �Motor vehicle� has the meaning given that term in ORS 801.360.

�� (b) �Motor vehicle� does not mean a motor vehicle designed to travel with fewer than four wheels in contact with the ground.

�� (7) �Motor vehicle rental company� means a person whose primary business is renting motor vehicles to consumers under rental agreements for terms of 90 days or less.

�� (8)(a) �Plug-in hybrid electric vehicle� means a motor vehicle that:

�� (A) Is powered by an electric motor that uses batteries as well as motor vehicle fuel, as defined in ORS 319.010, to power an internal combustion engine or other source of propulsion;

�� (B) Is equipped with an onboard charger; and

�� (C) Is rechargeable from a connection to an external electric power source.

�� (9) �Registered owner� means a person, other than a vehicle dealer that holds a certificate issued under ORS 822.020, that is required to register a motor vehicle in Oregon.

�� (10) �Subject vehicle� means a motor vehicle that is or will be classified as a passenger vehicle by the Department of Transportation and that is:

�� (a) [For reporting periods beginning on or after July 1, 2027,] An electric vehicle; or [that is not a new electric vehicle;]

�� [(b) For reporting periods beginning on or after January 1, 2028:]

�� [(A) A motor vehicle described in paragraph (a) of this subsection; or]

�� [(B) A new electric vehicle;]

�� [(c) For reporting periods beginning on or after July 1, 2028:]

�� [(A) A motor vehicle described in paragraph (a) or (b) of this subsection; or]

�� [(B)] (b) A hybrid electric vehicle or a plug-in hybrid electric vehicle.[; or]

�� [(d) For reporting periods beginning before July 1, 2031:]

�� [(A) A motor vehicle described in paragraph (a), (b) or (c) of this subsection; or]

�� [(B) The subject of an application approved pursuant to ORS 319.890.]

�� (11) �Vehicle dealer� means a person engaged in business in this state that is required to obtain a vehicle dealer certificate under ORS 822.005.

�� SECTION 33. The amendments to ORS 319.883 by section 32 of this 2025 special session Act become operative on July 1, 2031.

�� SECTION 34. ORS 319.885 is amended to read:

�� 319.885. (1)(a) Except as provided in paragraph (b) of this subsection, the registered owner of a subject vehicle shall pay a per-mile road usage charge for metered use by the subject vehicle of the highways in Oregon.

�� (b) During the term of a lease, the lessee of a subject vehicle shall pay the per-mile road usage charge for metered use by the subject vehicle of the highways in Oregon.

�� (2)(a) The rate of the per-mile road usage charge is five percent of the rate of the per-gallon license tax provided in ORS 319.020 (1)(b) in effect at the time the charge becomes due.

�� (b) Notwithstanding paragraph (a) of this subsection, instead of paying the per-mile rate under paragraph (a) of this subsection, a registered owner or lessee may elect to pay a flat annual fee of $340.

�� (3) A subject vehicle is not subject to the additional amount of registration fees imposed under ORS 803.422.

�� SECTION 35. The amendments to ORS 319.885 by section 34 of this 2025 special session Act become operative on July 1, 2027.

�� NOTE: Sections 36 and 37 were deleted. Subsequent sections were not renumbered.

�� SECTION 38. Section 39 of this 2025 special session Act is added to and made a part of ORS 319.883 to 319.946.

�� SECTION 39. An agreement between a motor vehicle rental company and a consumer for the rental of a subject vehicle may not contain a surcharge for the per-mile road usage charge imposed under ORS 319.885 that exceeds a reasonable estimate of the company�s costs in paying the charge with respect to the subject vehicle.

�� NOTE: Sections 40 and 41 were deleted. Subsequent sections were not renumbered.

�� SECTION 42. ORS 319.915 is amended to read:

�� 319.915. (1) As used in this section:

�� (a) �Certified service provider� means an entity that has entered into an agreement with the Department of Transportation under ORS 367.806 for reporting metered use by a subject vehicle or for administrative services related to the collection of per-mile road usage charges and authorized employees of the entity.

�� (b) �Personally identifiable information� means any information that identifies or describes a person, including, but not limited to, the person�s travel pattern data, per-mile road usage charge account number, address, telephone number, electronic mail address, driver license or identification card number, registration plate number, photograph, recorded images, bank account information and credit card number.

�� (c) �VIN summary report� means a monthly report by the department or a certified service provider that includes a summary of all vehicle identification numbers of subject vehicles and associated total metered use during the month. The report may not include location information.

�� (2) Except as provided in subsections (3) and (4) of this section, personally identifiable information used for reporting metered use or for administrative services related to the collection of the per-mile road usage charge imposed under ORS

ORS 319.880

319.880 to which the person is not entitled.

�� (3) No person shall intentionally aid or assist another person to violate any provision of ORS 319.510 to 319.880. [1959 c.188 ��40,41,42]

�� 319.880 Disposition of moneys. All money received by the Department of Transportation pursuant to ORS 319.510 to 319.880 shall be turned over promptly to the State Treasurer and shall be disposed of as provided in ORS 802.110. [Amended by 1955 c.287 �22; 1961 c.146 �3; 1969 c.70 �2; 1983 c.338 �910]

PER-MILE ROAD USAGE CHARGE

�� 319.883 Definitions for ORS 319.883 to 319.946. As used in ORS 319.883 to 319.946:

�� (1) �Fuel taxes� means motor vehicle fuel taxes imposed under ORS 319.010 to 319.420 and taxes imposed on the use of fuel in a motor vehicle under ORS 319.510 to 319.880.

�� (2) �Highway� has the meaning given that term in ORS 801.305.

�� (3) �Lessee� means a person that leases a motor vehicle that is required to be registered in Oregon.

�� (4)(a) �Motor vehicle� has the meaning given that term in ORS 801.360.

�� (b) �Motor vehicle� does not mean a motor vehicle designed to travel with fewer than four wheels in contact with the ground.

�� (5) �Registered owner� means a person, other than a vehicle dealer that holds a certificate issued under ORS 822.020, that is required to register a motor vehicle in Oregon.

�� (6) �Subject vehicle� means a motor vehicle that is the subject of an application approved pursuant to ORS 319.890.

�� (7) �Vehicle dealer� means a person engaged in business in this state that is required to obtain a vehicle dealer certificate under ORS 822.005. [2013 c.781 �2; 2019 c.428 �12]

�� Note: 319.883 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� Note: 319.883 to 319.946 were added to and made a part of ORS chapter 319 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 319.885 Per-mile road usage charge. (1)(a) Except as provided in paragraph (b) of this subsection, the registered owner of a subject vehicle shall pay a per-mile road usage charge for metered use by the subject vehicle of the highways in Oregon.

�� (b) During the term of a lease, the lessee of a subject vehicle shall pay the per-mile road usage charge for metered use by the subject vehicle of the highways in Oregon.

�� (2) The rate of the per-mile road usage charge is five percent of the rate of the per-gallon license tax provided in ORS 319.020 (1)(b) in effect at the time the charge becomes due. [2013 c.781 �3; 2017 c.750 ��118,118a; 2019 c.428 ��3,4]

�� Note: 319.885 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� Note: See second note under 319.883.

�� 319.890 Application for road usage charge program; when additional registration fees to be collected; consultation with vehicle dealers to encourage participation; rules. (1) A person wishing to pay the per-mile road usage charge imposed under ORS 319.885 must apply to the Department of Transportation on a form prescribed by the department.

�� (2) The department shall approve a valid and complete application submitted under this section if:

�� (a) The applicant has applied for registration or is the registered owner or lessee of a motor vehicle;

�� (b) The motor vehicle is equipped with a method selected pursuant to ORS 319.900 for collecting and reporting the metered use by the motor vehicle of the highways in Oregon;

�� (c) The motor vehicle is classified as a passenger vehicle by the department; and

�� (d) The vehicle has a rating of at least 20 miles per gallon, such rating to be established by the department.

�� (3) An electric vehicle or a vehicle with a rating of 40 miles per gallon or greater for which an application has been submitted or approved under this section is not subject to the additional amount of registration fees imposed under ORS 803.422.

�� (4) Approval of an application under this section subjects the applicant to the requirements of ORS 319.920 until the person ends the person�s voluntary participation in the road usage charge program in the manner required under subsection (5) of this section.

�� (5) A person may end the person�s voluntary participation in the road usage charge program at any time by notifying the department, returning any emblem issued under ORS

ORS 328.210

328.210; or

�� (d) Using any other source of moneys. [2011 c.467 �3]

�� Note: See note under 470.800.

COMMUNITY RENEWABLE INVESTMENT PROGRAM

�� 470.825 Definitions for ORS 470.825 to 470.840. As used in ORS 470.825 to 470.840:

�� (1) �Community renewable energy project� means one or more renewable energy systems, storage systems, microgrids or energy-related infrastructures that promote energy resilience, increase renewable energy generation or renewable energy storage capacity and provide a direct benefit to a particular community in the form of increased community energy resilience, local jobs, economic development or direct energy costs savings to families and small businesses.

�� (2) �Community energy resilience� means the ability of a specific community to maintain the availability of energy needed to support the provision of energy-dependent critical public services to the community following nonroutine disruptions of severe impact or duration to the state�s broader energy systems.

�� (3) �Community energy resilience project� means a community renewable energy project that includes utilizing one or more renewable energy systems to support the energy resilience of structures or facilities that are essential to the public welfare.

�� (4) �Consumer-owned utility� means a municipal electricity utility, a people�s utility district organized under ORS chapter 261 that sells electricity or an electric cooperative organized under ORS chapter 62.

�� (5) �Electric cooperative organized under ORS chapter 62� includes an electric cooperative organized under ORS chapter 62 that is operating in this state and formed for one or both of the following purposes:

�� (a) To generate, purchase or obtain electric power, energy, transmission services or ancillary services; or

�� (b) To represent one or more consumer-owned utilities in meeting rural, environmental or renewable energy requirements and mandates.

�� (6) �Energy resilience� means the ability of energy systems, from production through delivery to end-users, to withstand and restore energy delivery rapidly following nonroutine disruptions of severe impact or duration.

�� (7) �Planning costs� means the costs related to planning paid by an applicant, or an applicant�s partner, described under ORS 470.830.

�� (8) �Project cost� means the actual cost of the acquisition, construction and installation of a renewable energy system incurred by an applicant, or an applicant�s partner, described under ORS 470.830 for the system, before considering utility incentives.

�� (9) �Public body� means a public body as defined in ORS 174.109.

�� (10) �Qualifying community� means a community that qualifies as an environmental justice community as defined in ORS 469A.400.

�� (11) �Renewable energy system� includes:

�� (a) A system that uses biomass, solar, geothermal, hydroelectric, wind, landfill gas, biogas or wave, tidal or ocean thermal energy technology to produce energy.

�� (b) One or more energy storage systems paired with an existing or newly constructed system described in paragraph (a) of this subsection.

�� (c) One or more vehicle charging stations paired with an existing or newly constructed system described in paragraph (a) of this subsection.

�� (d) Microgrid enabling technologies, including microgrid controllers and any other related technologies needed to electrically isolate a community energy resilience project from the electric grid so that the project is capable of operating independently from the electric grid. [2021 c.508 �29; 2024 c.51 �7]

�� Note: 470.825 to 470.845 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 470 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 470.830 Grants for community renewable energy projects; application; rules. (1) The Community Renewable Investment Program is established for the purpose of:

�� (a) Offsetting the cost of planning and developing community renewable energy projects;

�� (b) Making community renewable energy projects economically feasible for qualifying communities;

�� (c) Promoting small-scale renewable energy projects; and

�� (d) Providing direct benefits to communities across this state in the form of increased community energy resilience, local jobs, economic development or direct energy cost savings to families and small businesses.

�� (2)(a) A federally recognized Oregon Indian tribe, public body or consumer-owned utility may submit to the State Department of Energy an application for grant moneys from the Community Renewable Investment Fund established under ORS 470.845 for the purpose of planning or developing a community renewable energy project.

�� (b) An applicant may partner with a federally recognized Oregon Indian tribe, public body, nonprofit entity, private business with a business site in this state or owner of rental property in this state, but a grant for an approved application will only be awarded and released to an applicant that is a federally recognized Oregon Indian tribe, public body or consumer-owned utility. Any federally recognized Oregon Indian tribe, public body, nonprofit entity, private business or owner of rental property that partners with the applicant must be listed in the application.

�� (c) An application must be drafted in consultation with electric utilities that have customers in the communities covered by a community renewable energy project that is in the application and regional stakeholders for the purpose of ensuring feasibility.

�� (3) An application for a grant for planning a community renewable energy project must demonstrate that the planning:

�� (a) Is for a project located in this state but outside a city with a population of 500,000 or more;

�� (b) Will be completed within six months of execution of the performance agreement or a reasonable time frame if good cause to extend the deadline is demonstrated as determined by rule;

�� (c) Will result in a proposal for developing a community renewable energy project; and

�� (d) Incorporates feedback from:

�� (A) Members of qualifying communities served by the community renewable energy project;

�� (B) Businesses located in the communities served by the community renewable energy project;

�� (C) Electric utilities that have customers in the communities served by the community renewable energy project; and

�� (D) Other regional stakeholders.

�� (4)(a) An application for a grant for developing a community renewable energy project must be on a form prescribed by the department and contain:

�� (A) A detailed description of the project�s systems and the systems� operation;

�� (B) Information showing that the project�s systems will operate as represented in the application and, if the project is for producing electricity, remain in operation for at least five years or for at least a period of time established by the Director of the State Department of Energy by rule;

�� (C) The anticipated total project cost;

�� (D) Information on the number and types of jobs directly connected to the awarding of the grant that will be:

�� (i) Created by the project; and

�� (ii) Sustained throughout construction, installation and operation of the project;

�� (E) Information demonstrating that the project will comply with applicable state and local laws and regulations and obtain required licenses and permits;

�� (F) Information demonstrating that the project will be located in and benefit a community in this state but outside a city with a population of 500,000 or more; and

�� (G) Any other information the director considers necessary to determine whether the project is in compliance with ORS 470.825 to 470.840 and any applicable rules or standards adopted thereunder.

�� (b) An application for developing a community renewable energy project must demonstrate that the project:

�� (A) Is located in this state but outside a city with a population of 500,000 or more;

�� (B) Will begin construction within 12 months of execution of the performance agreement and be completed within 36 months of execution of the performance agreement or a reasonable time frame if good cause to extend the deadline is demonstrated as determined by rule;

�� (C) Results in increased community energy resilience, local jobs, economic development or direct energy cost savings to families and small businesses;

�� (D) Complies with applicable state and local laws and regulations and has the required licenses and permits;

�� (E) Does not exceed 20 megawatts of nameplate capacity, if the project is for generating renewable energy; and

�� (F) Will operate for at least five years, if the project is for producing electricity, or for at least a period of time established by the director by rule.

�� (5) Upon receipt of an application submitted under this section, the department shall review and determine whether the applicant is eligible to receive a grant from the Community Renewable Investment Program established under this section. The department may approve an application if the department finds that:

�� (a) The planning or development proposal meets the requirements listed in subsection (3) or (4) of this section;

�� (b) The proposal meets the standards described in subsection (10) of this section;

�� (c) The proposal meets any standards adopted by rule under subsection (11) of this section;

�� (d) The proposal is technically feasible; and

�� (e) Any federally recognized Oregon Indian tribe, public body, private business or owner of rental property partnered with the applicant is listed in the application.

�� (6)(a) The department shall issue separate opportunity announcements for each calendar interval that funding is available for the following categories:

�� (A) Planning a community renewable energy project that qualifies as a community energy resilience project;

�� (B) Developing a community renewable energy project that qualifies as a community energy resilience project;

�� (C) Planning a community renewable energy project that does not qualify as a community energy resilience project; and

�� (D) Developing a community renewable energy project that does not qualify as a community energy resilience project.

�� (b) Upon receiving an application, the director shall determine whether the application is for a community renewable energy project that qualifies as a community energy resilience project based on the definition of �community energy resilience project� in ORS 470.825 and any applicable rules adopted under this section.

�� (7)(a) The department shall allocate, out of the initial moneys appropriated for the Community Renewable Investment Program under section 34, chapter 508, Oregon Laws 2021:

�� (A) 50 percent or more for grants to be awarded for planning or developing community renewable energy projects that qualify as community energy resilience projects.

�� (B) 50 percent or more for grants to be awarded for planning or developing community renewable energy projects that primarily serve one or more qualifying communities.

�� (b) The department shall allocate, out of any subsequent and additional moneys appropriated to the Community Renewable Investment Program, percentage amounts for grants in a manner consistent with paragraph (a) of this subsection.

�� (c) After two years of issuing announcements of available funding opportunities from the initial moneys appropriated to the Community Renewable Investment Program and after consultation with the Advisory Committee on Community Renewable Investment described in ORS 470.840, the department may, by rule, reallocate the percentage of available funds across project categories.

�� (8) The department shall review and competitively score applications separately for each funding opportunity announcement.

�� (9) If the department approves an application under this section, the department and the applicant may enter into a performance agreement that meets the requirements set forth in ORS 470.835.

�� (10) In approving applications and awarding grant moneys, the department shall prioritize planning and development proposals that:

�� (a) Include community energy resilience projects.

�� (b) Demonstrate significant prior investments in energy efficiency measures at the project location or will result in aggregate improvements to demand response capabilities.

�� (c) Are for projects located in qualifying communities across the state.

�� (d) When applicable, are for projects constructed in part or in whole by disadvantaged business enterprises, emerging small businesses or businesses that are owned by minorities, women or disabled veterans.

�� (e) Include inclusive hiring and promotion policies for workers working on the projects.

�� (f) Incorporate equity metrics developed in coordination with the Environmental Justice Council established by ORS 182.538 for evaluating the involvement of and leadership by people of low income, Black, Indigenous or People of Color, members of tribal communities, people with disabilities, youth, people from rural communities and people from otherwise disadvantaged communities in the siting, planning, designing or evaluating of the proposed community renewable energy projects.

�� (g) Help the applicants achieve goals included in the applicants� natural hazard mitigation plans as approved by the Federal Emergency Management Agency.

�� (11) The department shall adopt rules, in consultation with Business Oregon, to carry out ORS 470.825 to 470.840. The rules must:

�� (a) Define the planning and project costs eligible to be covered by a grant provided under ORS

ORS 339.650

339.650.

�� (3) The offense described in this section, failure to yield to a traffic patrol member, is a Class A traffic violation. [2003 c.557 �2]

�� 811.020 Passing stopped vehicle at crosswalk; penalty. (1) The driver of a vehicle commits the offense of passing a stopped vehicle at a crosswalk if the driver:

�� (a) Approaches from the rear another vehicle that is stopped at a marked or an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway; and

�� (b) Overtakes and passes the stopped vehicle.

�� (2) The offense described in this section, passing a stopped vehicle at a crosswalk, is a Class B traffic violation. [1983 c.338 �546]

�� 811.025 Failure to yield to pedestrian on sidewalk; penalty. (1) The driver of a vehicle commits the offense of failure to yield to a pedestrian on a sidewalk if the driver does not yield the right of way to any pedestrian on a sidewalk.

�� (2) The offense described in this section, failure to yield to a pedestrian on a sidewalk, is a Class B traffic violation. [1983 c.338 �547; 1995 c.383 �42]

�� 811.028 Failure to stop and remain stopped for pedestrian; penalty. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian if the driver does not stop and remain stopped for a pedestrian when the pedestrian is:

�� (a) Proceeding in accordance with a traffic control device as provided under ORS 814.010 or crossing the roadway in a crosswalk; and

�� (b) In any of the following locations:

�� (A) In the lane in which the driver�s vehicle is traveling;

�� (B) In a lane adjacent to the lane in which the driver�s vehicle is traveling;

�� (C) In the lane into which the driver�s vehicle is turning;

�� (D) In a lane adjacent to the lane into which the driver�s vehicle is turning, if the driver is making a turn at an intersection that does not have a traffic control device under which a pedestrian may proceed as provided under ORS 814.010; or

�� (E) Less than six feet from the lane into which the driver�s vehicle is turning, if the driver is making a turn at an intersection that has a traffic control device under which a pedestrian may proceed as provided under ORS 814.010.

�� (2) For the purpose of this section, a bicycle lane or the part of a roadway where a vehicle stops, stands or parks that is adjacent to a lane of travel is considered to be part of that adjacent lane of travel.

�� (3) This section does not require a driver to stop and remain stopped for a pedestrian under any of the following circumstances:

�� (a) Upon a roadway with a safety island, if the driver is proceeding along the half of the roadway on the far side of the safety island from the pedestrian; or

�� (b) Where a pedestrian tunnel or overhead crossing has been provided at or near a crosswalk.

�� (4) For the purposes of this section, a pedestrian is crossing the roadway in a crosswalk when any part or extension of the pedestrian, including but not limited to any part of the pedestrian�s body, wheelchair, cane, crutch or bicycle, moves onto the roadway in a crosswalk with the intent to proceed.

�� (5) The offense described in this section, failure to stop and remain stopped for a pedestrian, is a Class B traffic violation. [2005 c.746 �2; 2011 c.507 �1]

�� Note: 811.028 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 811.030 Driving through safety zone; penalty. (1) The driver of a vehicle commits the offense of driving through a safety zone if the driver at any time drives through or within any area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

�� (2) The offense described in this section, driving through a safety zone, is a Class B traffic violation. [1983 c.338 �548; 1995 c.383 �43]

�� 811.035 Failure to stop and remain stopped for pedestrian who has limited vision or is blind; penalty. (1) The driver of a vehicle commits the offense of failure to stop and remain stopped for a pedestrian who has limited vision or a pedestrian who is blind if the driver violates any of the following:

�� (a) A driver approaching a pedestrian who has limited vision or a pedestrian who is blind or deaf-blind, who is carrying a white cane or accompanied by a dog guide, and who is crossing or about to cross a roadway, shall stop and remain stopped until the pedestrian has crossed the roadway.

�� (b) Where the movement of vehicular traffic is regulated by traffic control devices, a driver approaching a pedestrian who has limited vision or a pedestrian who is blind or deaf-blind shall stop and remain stopped until the pedestrian has vacated the roadway if the pedestrian has entered the roadway and is carrying a white cane or is accompanied by a dog guide. This paragraph applies notwithstanding any other provisions of the vehicle code relating to traffic control devices.

�� (2) This section is subject to the provisions and definitions relating to the rights of pedestrians who have limited vision or pedestrians who are blind or deaf-blind under ORS 814.110.

�� (3) For the purposes of this section, a pedestrian is crossing the roadway when any part or extension of the pedestrian, including but not limited to any part of the pedestrian�s body, wheelchair, cane, crutch, bicycle or leashed animal, moves onto the roadway with the intent to proceed.

�� (4) The offense described in this section, failure to stop and remain stopped for a pedestrian who has limited vision or a pedestrian who is blind, is a Class B traffic violation. [1983 c.338 �549; 1985 c.16 �280; 2003 c.278 �3; 2007 c.70 �329; 2011 c.507 �2; 2017 c.175 �3]

�� 811.040 [1983 c.338 �550; 1985 c.16 �281; 2003 c.278 �4; repealed by 2005 c.746 �4]

�� 811.045 [1983 c.338 �551; 2003 c.278 �5; repealed by 2005 c.746 �4]

�� 811.050 Failure to yield to rider on bicycle lane; penalty. (1) A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, electric personal assistive mobility device, moped, motor assisted scooter or motorized wheelchair upon a bicycle lane.

�� (2) This section does not require a person operating a moped to yield the right of way to a bicycle or a motor assisted scooter if the moped is operated on a bicycle lane in the manner permitted under ORS 811.440.

�� (3) The offense described in this section, failure of a motor vehicle operator to yield to a rider on a bicycle lane, is a Class B traffic violation. [1983 c.338 �698; 1985 c.16 �336; 1991 c.417 �4; 1997 c.400 �8; 2001 c.749 �23; 2003 c.341 �7]

�� 811.055 Failure to yield to bicyclist on sidewalk; penalty. (1) The driver of a motor vehicle commits the offense of failure to yield the right of way to a bicyclist on a sidewalk if the driver does not yield the right of way to any bicyclist on a sidewalk.

�� (2) The driver of a motor vehicle is not in violation of this section when a bicyclist is operating in violation of ORS 814.410. Nothing in this subsection relieves the driver of a motor vehicle from the duty to exercise due care.

�� (3) The offense described in this section, failure to yield the right of way to a bicyclist on a sidewalk, is a Class B traffic violation. [1983 c.338 �702; 1985 c.16 �340; 1995 c.383 �44]

�� 811.059 Milkman Mike Act. ORS 811.060 shall be known and may be cited as the Milkman Mike Act. [2017 c.388 �3]

�� Note: 811.059 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 811 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 811.060 Vehicular assault; penalty. (1) For the purposes of this section, �recklessly� has the meaning given that term in ORS 161.085.

�� (2) A person commits the offense of vehicular assault if:

�� (a) The person recklessly operates a vehicle upon a highway in a manner that results in contact between the person�s vehicle and:

�� (A) A bicycle operated by a person;

�� (B) A person operating a bicycle;

�� (C) A motorcycle operated by a person;

�� (D) A person operating a motorcycle;

�� (E) A passenger on a motorcycle; or

�� (F) A pedestrian; and

�� (b) The contact causes physical injury to the person operating a bicycle, the person operating a motorcycle, the passenger on a motorcycle or the pedestrian.

�� (3) The offense described in this section, vehicular assault, is a Class A misdemeanor. [2001 c.635 �5; 2017 c.388 �1]

�� 811.065 Unsafe passing of person operating bicycle; penalty. (1) A driver of a motor vehicle commits the offense of unsafe passing of a person operating a bicycle if the driver violates any of the following requirements:

�� (a) The driver of a motor vehicle may only pass a person operating a bicycle by driving to the left of the bicycle at a safe distance and returning to the lane of travel once the motor vehicle is safely clear of the overtaken bicycle. For the purposes of this paragraph, a �safe distance� means a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver�s lane of traffic. This paragraph does not apply to a driver operating a motor vehicle:

�� (A) In a lane that is separate from and adjacent to a designated bicycle lane;

�� (B) At a speed not greater than 35 miles per hour; or

�� (C) When the driver is passing a person operating a bicycle on the person�s right side and the person operating the bicycle is turning left.

�� (b) The driver of a motor vehicle may drive to the left of the center of a roadway to pass a person operating a bicycle proceeding in the same direction only if the roadway to the left of the center is unobstructed for a sufficient distance to permit the driver to pass the person operating the bicycle safely and avoid interference with oncoming traffic. This paragraph does not authorize driving on the left side of the center of a roadway when prohibited under ORS 811.295,

ORS 342.598

342.598; 1997 c.795 �1; 1999 c.59 �83]

�� 332.435 Liability insurance; self-insurance program for liability; medical and hospital benefits for students. Any district school board may enter into contracts of insurance for liability or operate a self-insurance program for liability covering all activities engaged in by the district for medical and hospital benefits for students engaging in athletic contests and in traffic patrols and may pay the necessary premiums thereon. Failure to procure such insurance or operate such a program shall in no case be construed as negligence or lack of diligence on the part of the district school board or the members thereof. [Formerly 332.235; 1967 c.627 �13; 1997 c.795 �2]

�� 332.437 Insurance reserve fund. Any school district board by resolution may establish an insurance reserve fund by making transfers from the district�s general fund. Transfers to the insurance reserve fund shall be included in the district budget prepared and published in accordance with ORS 294.305 to 294.565. If at any time conditions arise which dispense with the necessity for further transfers to or expenditures from a fund established pursuant to this section, the district board shall so declare by resolution. The resolution shall order the balance remaining in such fund to be transferred to the general fund of the district and shall declare the insurance reserve fund closed. [1971 c.599 �1; 1975 c.770 �23]

�� 332.440 [Renumbered 332.075]

TRAFFIC REGULATION

�� 332.445 Regulation of vehicles on school property; rules. (1) As used in this section, �vehicles� means and includes all motor vehicles as defined in ORS 801.360 and every other mechanical device in or on which a person or thing is or may be carried and which is intended for such use except road rollers, farm tractors, traction engines, police ambulances, devices moved exclusively on stationary tracks, devices operated by electric energy transmitted through trolley poles from trolley wires and devices powered exclusively by human power.

�� (2) A district school board by resolution may adopt, modify or abolish rules prohibiting, restricting or regulating the operation and parking of vehicles, or particular classes or kinds of vehicles, upon property controlled by the district, as the board considers convenient or necessary for the policing of such property. The district school board may require that before a quarterly or yearly parking privilege for any vehicle is granted to any full-time or part-time student to use district property, the student must show that the vehicle is operated by a student holding a valid driver�s license, that the vehicle is currently registered and that the student driving the vehicle is insured under a motor vehicle liability insurance policy that meets the requirements described under ORS 806.080 or that the student or owner of the vehicle has provided the Department of Transportation with other satisfactory proof of compliance with the financial responsibility requirements of this state.

�� (3) The rules adopted under subsection (2) of this section shall become effective when appropriate signs giving notice thereof are erected upon property controlled by the district.

�� (4) Every peace officer may enforce the rules adopted under subsection (2) of this section.

�� (5) The district and any municipal corporation or any department, agency or political subdivision of this state may enter into agreements or contracts with each other for the purpose of providing a uniform system of enforcement of the rules adopted under subsection (2) of this section. [Formerly 332.205; 1983 c.338 �912; 1993 c.45 �55; 1993 c.221 �1]

�� 332.450 [Renumbered 332.077]

�� 332.460 [Repealed by 1953 c.56 �2]

�� 332.470 [Formerly 336.500; 1975 c.770 �26; repealed by 1977 c.146 �2]

PERSONNEL

�� 332.505 Employment and compensation of personnel; written personnel policies. (1) A district school board may:

�� (a) Employ a superintendent of schools and necessary assistant superintendents for the district and fix the terms and conditions of employment and the compensation. The district school board shall not contract with a superintendent for more than a period of three years at a time. The contract shall automatically expire at the end of its term. Nothing in this paragraph prevents a district school board from:

�� (A) Electing to issue a subsequent contract for an additional three years at any time.

�� (B) Including in the contract provisions that provide for the termination of employment of the superintendent prior to the expiration of the contract. If the superintendent and the district school board mutually agree to include a termination-without-cause provision in the contract, the district school board may terminate the superintendent�s employment, without cause, at any time during the contract period only if the district school board provides the superintendent with at least 12 months� notice of the termination. Nothing in this subparagraph authorizes the district school board to make a wrongful termination or a termination for any reason described in subsection (3)(a) of this section.

�� (b) Employ personnel, including teachers and administrators, necessary to carry out the duties and powers of the board and fix the duties, terms and conditions of employment and the compensation.

�� (c) Compensate district employees in any form which may include, but shall not be limited to, insurance, tuition reimbursement and salaries.

�� (d) Employ instructional assistants and intern teachers subject to the rules of the State Board of Education. As used in this paragraph:

�� (A) �Instructional assistant� has the meaning given that term in ORS 342.120.

�� (B) �Intern teacher� means a regularly enrolled candidate of an approved educator preparation provider, as defined in ORS 342.120, who teaches under the supervision of the staff of the provider and of the employing district in order to acquire practical experience in teaching and for which the candidate receives both academic credit from the provider and financial compensation from the school district or education service district.

�� (2)(a) A district school board shall designate one or more civil rights coordinators for the school district. A civil rights coordinator may be an employee of the school district or the school district may enter into a contract with an education service district for the services of a civil rights coordinator. A civil rights coordinator, at a minimum, shall:

�� (A) Monitor, coordinate and oversee school district compliance with state and federal laws prohibiting discrimination in public education;

�� (B) Oversee investigations of complaints alleging discrimination in public education and ensure that the investigations are resolved;

�� (C) Provide guidance to school and school district personnel on civil rights issues in the school district, respond to questions and concerns about civil rights in the school district and coordinate efforts to prevent civil rights violations from occurring in the school district;

�� (D) Satisfy any training requirements prescribed by the State Board of Education by rule; and

�� (E) Comply with any rules adopted by the State Board of Education for the purpose of implementing this paragraph.

�� (b) As used in this subsection, �discrimination� has the meaning given that term in ORS

ORS 353.125

353.125 shall assist the commission in the administration and enforcement of all laws administered by the commission, and they, as well as assistants and employees of the commission, shall inform against and diligently prosecute all persons whom they have reasonable cause to believe guilty of violation of any such laws or of the rules, regulations, orders, decisions or requirements of the commission made pursuant thereto.

�� (3) Upon the request of the commission, the Attorney General or the district attorney of the proper county shall aid in any investigation, hearing or trial, and shall institute and prosecute all necessary suits, actions or proceedings for the enforcement of those laws and ordinances referred to in subsection (1) of this section.

�� (4) Any forfeiture or penalty provided for in any law administered by the commission shall be recovered by an action brought thereon in the name of the State of Oregon in any court of appropriate jurisdiction. [Amended by 1971 c.655 �23; 1973 c.776 �24; 1987 c.447 �84; 1995 c.733 �61; 2011 c.506 �46; 2013 c.180 �51]

�� 756.170 [Repealed by 1971 c.655 �250]

�� 756.180 Enforcing utility laws. (1) Whenever it appears to the Public Utility Commission that any public utility or telecommunications utility or any other person subject to the jurisdiction of the commission is engaged or about to engage in any acts or practices which constitute a violation of any statute administered by the commission, or any rule, regulation, requirement, order, term or condition issued thereunder, the commission may apply to any circuit court of the state where such public utility or telecommunications utility or other person subject to the jurisdiction of the commission operates for the enforcement of such statute, rule, regulation, requirement, order, term or condition.

�� (2) Such court, without bond, has jurisdiction to enforce obedience thereto by injunction, or by other processes, mandatory or otherwise, restraining such public utility or telecommunications utility or any other person subject to the jurisdiction of the commission, or its officers, agents, employees and representatives from further violations of such statute, rule, regulation, requirement, order, term or condition, and enjoining upon them obedience thereto.

�� (3) The provisions of this section are in addition to and not in lieu of any other enforcement provisions contained in any statute administered by the commission. [Amended by 1971 c.655 �24; 1973 c.232 �5; 1973 c.776 �25; 1987 c.447 �85; 1995 c.733 �62]

�� 756.185 Right to recover for wrongs and omissions; treble damages. (1) Any public utility which does, or causes or permits to be done, any matter, act or thing prohibited by ORS chapter 756, 757 or 758 or omits to do any act, matter or thing required to be done by such statutes, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. If the party seeking damages alleges and proves that the wrong or omission was the result of gross negligence or willful misconduct, the public utility is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

�� (2) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (1) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.

�� (3) Any recovery under this section does not affect recovery by the state of the penalty, forfeiture or fine prescribed for such violation.

�� (4) This section does not apply with respect to the liability of any public utility for personal injury or property damage. [Formerly 757.335; 1973 c.776 �26; 1981 c.856 �1; 1981 c.897 �104a; 1987 c.447 �86; 1989 c.827 �1; 1995 c.696 �48; 1995 c.733 �63]

�� 756.190 [Repealed by 1971 c.655 �250]

�� 756.200 Effect of utility laws on common law and other statutory rights of action, duties and liabilities. (1) The remedies and enforcement procedures provided in ORS chapters 756, 757, 758 and 759 do not release or waive any right of action by the state or by any person for any right, penalty or forfeiture which may arise under any law of this state or under an ordinance of any municipality thereof.

�� (2) All penalties and forfeiture accruing under said statutes and ordinances are cumulative and a suit for and recovery of one, shall not be a bar to the recovery of any other penalty.

�� (3) The duties and liabilities of the public utilities or telecommunications utilities shall be the same as are prescribed by the common law, and the remedies against them the same, except where otherwise provided by the Constitution or statutes of this state, and the provisions of ORS chapters 756, 757, 758 and 759 are cumulative thereto. [Formerly 760.045; 1973 c.776 �27; 1987 c.447 �87; 1995 c.733 �64]

FUNDS AND FEES

�� 756.305 Public Utility Commission Account. (1) There hereby is established in the General Fund an account to be known as the Public Utility Commission Account. Except as limited by ORS 756.360, all moneys, without regard to their sources, credited to the Public Utility Commission Account hereby are appropriated continuously to the Public Utility Commission for the payment of any and all of the expenses of the Public Utility Commission.

�� (2) The Public Utility Commission shall keep a record of all moneys deposited in the Public Utility Commission Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [1957 c.459 �1; 1971 c.655 �27; 1997 c.249 �220]

�� 756.310 Annual fees payable by utilities and telecommunications providers. (1) Subject to the provisions of subsections (3) and (4) of this section, each public utility and telecommunications provider shall pay a fee to the Public Utility Commission in each calendar year. The amount of the fee shall equal the amount that the commission finds and determines to be necessary, together with the amount of all other fees paid or payable to the commission by such public utilities and telecommunications providers in the current calendar year, to defray the costs of performing the duties imposed by law upon the commission with respect to the public utilities and telecommunications providers.

�� (2) In each calendar year the percentage rate of the fee required to be paid by public utilities shall be determined by orders entered by the commission on or after March 1 of each year. Notice of the orders shall be given to each utility. The utility shall pay to the commission the fee or portion thereof so computed upon the date specified in the notice. The date of payment shall be at least 15 days after the date of mailing of the notice.

�� (3) The fee payable under subsection (1) of this section by each public utility may not be less than $10, or more than fifty-five hundredths of one percent of the utility�s gross operating revenues derived within this state in the preceding calendar year. For the purpose of this subsection, the gross operating revenues of an electric company do not include revenues from sales of power for resale to the extent that the revenues from those sales exceed an amount equal to 25 percent of the total revenues received by the electric company from sales of electricity to end users in the preceding calendar year.

�� (4)(a) For a telecommunications provider, the fee payable under subsection (1) of this section shall be a percentage amount not to exceed thirty-five hundredths of one percent of the provider�s gross retail intrastate revenue for each calendar year, but may not be less than $100. The percentage amount shall be determined by order of the commission not less than 60 days prior to the calendar year upon which the fee is based. The fee shall be payable to the commission not later than April 1 of the year following that calendar year.

�� (b) A telecommunications provider shall collect the fee payable under subsection (1) of this section by charging an apportioned amount to each of the provider�s retail customers. The amount of the charge shall be described on the retail customer�s bill in a manner determined by the provider.

�� (c) In the event a telecommunications utility has an approved rate that includes the fee required under subsection (1) of this section and separately charges retail customers for the fee described in this section, at the time the utility begins collecting the charge the utility shall file with the commission a rate schedule reducing rates in an amount projected to equal the amount separately charged to customers.

�� (5) The commission may use any of its investigatory and enforcement powers provided under this chapter for the purpose of administering and enforcing the provisions of this section.

�� (6) As used in this section:

�� (a) �Electric company� means any entity that is a public utility under ORS 757.005 that is engaged in the business of distributing electricity to retail electric customers in Oregon.

�� (b) �Retail customer� does not include a purchaser of intrastate telecommunications services who is a telecommunications provider, telecommunications cooperative, interexchange carrier or radio common carrier.

�� (c) �Telecommunications provider� means any entity that is a telecommunications utility or a competitive telecommunications provider as defined in ORS 759.005. [Amended by 1953 c.10 �2; 1957 c.464 �1; 1959 c.355 �1; 1961 c.109 �1; 1963 c.89 �1; 1971 c.132 �1; 1973 c.170 �1; 1975 c.127 �1; 1985 c.293 �1; 1987 c.439 �1; 1987 c.447 �88; 1991 c.841 �2; 1995 c.733 �65; 1997 c.826 �8; 1999 c.339 �1; 2007 c.245 �1; 2015 c.289 �1; 2019 c.173 �1; 2025 c.438 �1]

�� 756.315 [1989 c.1041 �2; repealed by 1991 c.841 �4]

�� 756.320 Statements accompanying fees; audit and refunding by commission. Payment of each fee or portion thereof provided for in ORS 756.310 shall be accompanied by a statement verified by the public utility or telecommunications provider involved, showing the basis upon which the fee or portion thereof is computed. This statement shall be in such form and detail as the Public Utility Commission shall prescribe and shall be subject to audit by the commission. The commission may refund any overpayment of any such fee in the same manner as other claims and expenses of the commission are payable as provided by law. [Amended by 1987 c.447 �89; 1995 c.733 �66; 1997 c.826 �9; 1999 c.339 �2]

�� 756.325 Distribution of information filed with commission; fees; rules. (1) The Public Utility Commission may by rule prescribe for the free distribution for public information or educational purposes or applicable charge for any blank forms, transcript, document, order, statistical data or publication prepared by and on file in the office of the commission. In no event shall the fee exceed the cost of preparing, reproducing and distributing such blank forms, transcript, document, order, statistical data or publication.

�� (2) In the ordinary course of distribution, no fee shall be charged or collected for copies of published documents furnished to public officers for use in their official capacity, or for annual reports of the commission. [1971 c.655 �28]

�� 756.330 [Amended by 1965 c.288 �1; repealed by 1971 c.655 �250]

�� 756.340 [Repealed by 1971 c.655 �250]

�� 756.350 Penalty for failure to pay fees; action to collect unpaid fees and penalties. Every person who fails to pay any fees provided for in ORS 756.310 or 756.320 after they are due and payable shall, in addition to such fees, pay a penalty of two percent of such fees for each and every month or fraction thereof that they remain unpaid. If, in the judgment of the Public Utility Commission, action is necessary to collect any unpaid fees or penalties, the commission shall bring such action or take such proceedings as may be necessary thereon in the name of the State of Oregon in any court of competent jurisdiction, and be entitled to recover all costs and disbursements incurred therein. [Amended by 1971 c.655 �29]

�� 756.360 Disposal and use of fees and penalties collected. All fees, penalties and other moneys collected by the Public Utility Commission under ORS 756.310, 756.320,

ORS 366.158

366.158 who is obeying the rules of the Department of Transportation for picking up litter or removing noxious weeds on either side of the roadway.

�� (d) Does not take a position upon or proceed along and upon the right highway shoulder, as far as practicable from the roadway edge, on a divided highway that has no sidewalk and does have a shoulder area. This paragraph does not apply to a member of a group that has adopted that section of highway under the provisions of ORS 366.158 who is obeying the rules of the Department of Transportation for picking up litter or removing noxious weeds on either side of the roadway.

�� (e) Fails to take a position upon or proceed along and upon a highway that has neither sidewalk nor shoulder available, as near as practicable to an outside edge of the roadway, and, if the roadway is a two-way roadway, only on the left side of it.

�� (2) This section is subject to the provisions of ORS 814.100.

�� (3) A pedestrian does not commit the offense of pedestrian with improper position upon or improperly proceeding along a highway if the pedestrian:

�� (a) Does not impede traffic or create a traffic hazard;

�� (b) Posts advance warning signs in compliance with standards adopted by the Oregon Transportation Commission under ORS 810.200;

�� (c) Wears high-visibility safety apparel in compliance with standards adopted by the Oregon Transportation Commission under ORS 810.200; and

�� (d) Has a permit or belongs to a group that has a permit issued under ORS 814.072.

�� (4) A pedestrian does not commit the offense of pedestrian with improper position upon or improperly proceeding along a highway when the pedestrian is on a narrow residential roadway if:

�� (a) The pedestrian does not create a traffic hazard; and

�� (b) Signs are posted giving notice that pedestrians may be present upon or along the narrow residential roadway. Signs posted under this paragraph shall be posted at each end of the portion of the narrow residential roadway where pedestrians may be present.

�� (5) The offense described in this section, pedestrian with improper position upon or improperly proceeding along a highway, is a Class D traffic violation. [1983 c.338 �558; 1991 c.486 �4; 1995 c.383 �86; 2008 c.47 ��1,2; 2009 c.547 ��2,3; 2011 c.507 �3; 2013 c.474 �1]

�� 814.072 Issuance of permit to be upon or to proceed along highway. (1) A road authority may issue a permit that authorizes a pedestrian or a group to be positioned upon or to proceed along a highway if the pedestrian or group shows to the satisfaction of the road authority:

�� (a) Proof of liability insurance in an amount of not less than $1 million; and

�� (b) That the pedestrian or group will meet the public safety requirements adopted by the Department of Transportation by rule.

�� (2) Upon issuance of a permit, the permit holder shall provide a copy of the permit to any applicable local jurisdiction. [2008 c.47 �5]

�� Note: 814.072 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 814 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 814.080 Unlawful hitchhiking; penalty. (1) A person commits the offense of unlawful hitchhiking if the person is on a roadway for the purpose of soliciting a ride.

�� (2) The offense described in this section, unlawful hitchhiking, is a Class D traffic violation. [1983 c.338 �559; 1995 c.383 �87]

�� 814.090 [1983 c.338 �560; 1995 c.383 �88; 1999 c.932 �1; repealed by 2005 c.63 �1]

�� 814.092 [1999 c.932 �2; repealed by 2005 c.63 �1]

(Miscellaneous Rights)

�� 814.100 Rights of driver and passengers of disabled vehicle on freeway. On a freeway on which pedestrian traffic is prohibited, the driver and passengers of a disabled vehicle stopped on the freeway may walk to the nearest exit, in either direction, on that side of the freeway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available. [1983 c.338 �561]

�� 814.110 Rights for persons who are blind, who are deaf-blind or who have limited vision. (1) The following definitions apply to this section and to ORS 811.035 and 814.120:

�� (a) �Blind� means visual acuity that does not exceed 20/200 in the better eye with corrective lenses, or having a visual field of 20 degrees or less.

�� (b) �Dog guide� means a dog that is wearing a dog guide harness and is trained to lead or guide a person who is blind.

�� (c) �Limited vision� means visual acuity that does not exceed 20/70 and is no worse than 20/200 in the better eye with corrective lenses.

�� (d) �White cane� means a cane or walking stick that is white in color or white with a red tip.

�� (2) This section and ORS 811.035 and 814.120 grant and enforce the following rights for pedestrians who are blind or deaf-blind:

�� (a) A person who has limited vision and a person who is blind or deaf-blind may carry and use a white cane on the highways and other public places of this state for the purposes of identification and mobility.

�� (b) A person who has limited vision and a person who is deaf-blind may use a white cane marked by a six-inch-wide chartreuse-colored strip at the tip end.

�� (3) A pedestrian who has limited vision and a pedestrian who is blind or deaf-blind and who is not carrying a white cane or not accompanied by a dog guide has all the rights and privileges granted by law to all pedestrians. [1985 c.16 �284; 2007 c.70 �344; 2017 c.175 �1]

�� 814.120 Unlawful use of white cane; penalty. (1) A person commits the offense of unlawful use of a white cane if the person uses or carries a white cane on the highways or any other public place of this state and the person is not a person who has limited vision or is not a person who is blind or a person who is deaf-blind.

�� (2) This section is subject to the provisions and definitions relating to the rights of pedestrians who have limited vision or pedestrians who are blind or deaf-blind under ORS 814.110.

�� (3) The offense described in this section, unlawful use of a white cane, is a Class D traffic violation. [1983 c.338 �562; 1985 c.16 �285; 1995 c.383 �89; 2007 c.70 �345; 2017 c.175 �2]

PASSENGERS

�� 814.130 Passenger obstruction of driver; penalty. (1) A person commits the offense of passenger obstruction of a driver if the person is a passenger in a vehicle and the person rides in a position that interferes with all of the operator�s views to the rear, through one or more mirrors and otherwise, or that interferes with the operator�s view to the front or sides or the operator�s control of the driving mechanism.

�� (2) The offense described in this section, passenger obstruction of driver, is a Class C traffic violation. [1983 c.338 �605]

LIVESTOCK

�� 814.140 Application of vehicle laws to animal on roadway. Every person riding an animal upon a roadway and every person driving or leading any animal is subject to the provisions of the vehicle code concerning vehicle equipment and operation of vehicles except those provisions which by their very nature can have no application. [1983 c.338 �665]

�� 814.150 Failure to perform duties of person in charge of livestock on highway; penalty. (1) A person commits the offense of failure to perform the duties of a person in charge of livestock on a highway if the person fails to do any of the following:

�� (a) When riding or leading a horse or other livestock on the highway, a person must keep a lookout for vehicles and use caution to keep the animal under control.

�� (b) A person in charge of driving a herd of livestock on or across a highway shall position a person at the front of the herd to warn drivers that the herd is approaching.

�� (c) A person in charge of livestock being driven on a highway shall use reasonable care and diligence to open the roadway for vehicular traffic.

�� (d) If a horse or other livestock becomes frightened on a highway, the person riding or leading the livestock shall give a distress signal to an approaching driver by raising the person�s hand.

�� (2) This section is only applicable if the livestock is an animal of the species of horses, mules, donkeys, cattle, swine, sheep or goats.

�� (3) The offense described in this section, failure to perform duties of a person in charge of livestock on a highway, is a Class B traffic violation. [1983 c.338 �667]

MOPEDS AND MOTORCYCLES

�� 814.200 Unlawful operation of motorcycle or moped; penalty. (1) A person operating a moped or motorcycle commits the offense of unlawful moped or motorcycle operation if the person:

�� (a) Fails to sit astride, or to stand astride, the moped or motorcycle seat while facing forward; or

�� (b) Carries a package, bundle or other article that prevents the person from keeping both hands on the handlebars.

�� (2) The offense described in this section, unlawful moped or motorcycle operation, is a Class B traffic violation. [1983 c.338 �686; 1987 c.138 �6; 2015 c.502 �1]

�� 814.210 Operation of moped on sidewalk or bicycle trail; penalty. (1) A person commits the offense of operation of a moped on a sidewalk or bicycle trail if the person operates a moped upon a sidewalk, a bicycle path or a bicycle lane.

�� (2) Exemptions to this section are provided under ORS 811.440.

�� (3) The offense described in this section, operation of a moped on a sidewalk or bicycle trail, is a Class D traffic violation. [1983 c.338 �644]

�� 814.220 Motorcyclist clinging to another vehicle; penalty. (1) A person commits the offense of motorcyclist clinging to another vehicle if the person is riding upon a motorcycle that is not disabled and being towed and the person attaches a part of the person�s self or the motorcycle to any other vehicle on a roadway.

�� (2) The offense described in this section, motorcyclist clinging to another vehicle, is a Class B traffic violation. [1983 c.338 �687; 1985 c.16 �330; 1995 c.383 �90]

�� 814.230 Moped operator or rider clinging to other vehicle; penalty. (1) A person commits the offense of moped operator or rider clinging to another vehicle if the person is riding upon or operating a moped and the person clings to another vehicle upon a roadway or attaches the moped to any other vehicle upon a roadway.

�� (2) The offense described in this section, moped operator or rider clinging to another vehicle, is a Class D traffic violation. [1983 c.338 �688]

�� 814.240 Motorcycle or moped unlawful passing; penalty. (1) A motorcycle operator or moped operator commits the offense of motorcycle or moped unlawful passing in a lane with a vehicle if the operator does any of the following:

�� (a) Overtakes and passes in the same lane occupied by the vehicle the operator is overtaking, unless the vehicle being passed is a motorcycle or a moped.

�� (b) Operates a moped or motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

�� (2) This section does not apply to a police officer in the performance of official duties.

�� (3) The offense described in this section, motorcycle or moped unlawful passing in a lane with a vehicle, is a Class B traffic violation. [1983 c.338 �689]

�� 814.250 Moped or motorcycle operating more than two abreast; penalty. (1) A person commits the offense of operating a moped or motorcycle more than two abreast if the person is operating a moped or motorcycle on a roadway laned for traffic and the person is riding abreast of more than one other motorcycle or moped in the same lane for traffic.

�� (2) For purposes of this section, a motorcycle does not include an autocycle.

�� (3) The offense described in this section, moped or motorcycle operating more than two abreast, is a Class B traffic violation. [1983 c.338 �690; 2017 c.296 �3]

�� 814.260 Failure of moped operator to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of a moped rider to wear a motorcycle helmet if the person:

�� (a) Operates or rides on a moped; and

�� (b) Is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established under ORS 814.290.

�� (3) This section does not permit passengers on mopeds in violation of ORS 814.330 or 814.340.

�� (4) The offense described in this section, failure of a moped rider to wear a motorcycle helmet, is a Class D traffic violation. [1983 c.338 �691; 1985 c.16 �331; 1987 c.910 �4; 1995 c.492 �3]

�� 814.269 Failure of motorcycle operator to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of a motorcycle operator to wear a motorcycle helmet if the person operates a motorcycle and is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established in ORS 814.290.

�� (3) The offense described in this section, failure of a motorcycle operator to wear a motorcycle helmet, is a Class D traffic violation. [1987 c.910 �2; 1995 c.492 �4]

�� 814.270 [1983 c.338 �696; 1985 c.16 �333; repealed by 1987 c.910 �7]

�� 814.275 Failure of motorcycle passenger to wear motorcycle helmet; penalty. (1) A person commits the offense of failure of a motorcycle passenger to wear a motorcycle helmet if the person rides as a passenger on a motorcycle and is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established in ORS 814.290.

�� (3) The offense described in this section, failure of a motorcycle passenger to wear a motorcycle helmet, is a Class D traffic violation. [1987 c.910 �3; 1989 c.283 �1; 1995 c.492 �5]

�� 814.280 Endangering motorcycle passenger; penalty. (1) A person commits the offense of endangering a motorcycle passenger if the person is operating a motorcycle and the person carries another person on the motorcycle who is not wearing a motorcycle helmet.

�� (2) Exemptions from this section are established under ORS 814.290.

�� (3) The offense described in this section, endangering a motorcycle passenger, is a Class D traffic violation. [1983 c.338 �692; 1987 c.910 �5; 1995 c.492 �6]

�� 814.290 Exemptions from motorcycle helmet requirements. This section establishes exemptions from the requirements and penalties relating to the use of motorcycle helmets under ORS 814.260 to 814.280. A person is not in violation of ORS 814.260, 814.269, 814.275 or 814.280 if the person is any of the following:

�� (1) Within an enclosed cab.

�� (2) Operating or riding a vehicle designed to travel with three wheels in contact with the ground at speeds of less than 15 miles per hour. [1983 c.338 �693; 1987 c.910 �6; 1995 c.492 �7]

�� 814.300 [1983 c.338 �694; repealed by 1999 c.179 �1]

�� 814.310 Illegal alteration of moped; penalty. (1) A person commits the offense of illegal alteration of a moped if the person alters or modifies in any manner a vehicle registered in this state so that:

�� (a) The displacement of the engine is increased beyond that allowable for a moped under ORS 801.345; or

�� (b) The vehicle is capable of moving, unassisted, at a speed of more than 30 miles per hour on a level road surface.

�� (2) The offense described in this section, illegal alteration of a moped, is a Class C traffic violation. [1983 c.338 �285; 1985 c.16 �117; 1985 c.401 �13]

�� 814.320 Failure to display lighted headlights; exceptions; penalty. (1) A person commits the offense of failure to display lighted headlights on a moped or motorcycle at all times, if the person operates a moped or motorcycle and does not display lights and illuminated devices specified under ORS 816.320 and 816.330 at all times the motorcycle or moped is upon a highway.

�� (2) A person may use modulating headlights described under ORS 816.050 during daylight without violating this section, but a person who uses such modulating headlights during limited visibility conditions is in violation of this section.

�� (3) This section does not apply when specific exceptions with respect to parked vehicles are made under ORS 811.525.

�� (4) A court may dismiss, without penalty, any charge for violation of this section if the court determines that:

�� (a) The violation was caused by a malfunction of equipment; and

�� (b) The equipment that malfunctioned and caused the violation has been repaired or replaced.

�� (5) The offense described in this section, failure to display lighted headlights on a moped or motorcycle at all times, is a Class B traffic violation. [1983 c.338 �695; 1985 c.16 �332]

�� 814.325 Carrying passenger on motorcycle; penalty. (1) A person commits the offense of unlawfully carrying a passenger on a motorcycle if the person does any of the following:

�� (a) Carries on a motorcycle a person who is not seated on a permanent and regular seat, if the motorcycle is designed to carry more than one person, or upon another seat attached to the motorcycle at the rear or side of the operator�s seat.

�� (b) Carries a person in a position that interferes with the operation or control of the motorcycle or the operator�s view.

�� (c) Carries a person, other than in a sidecar or enclosed cab, on a motorcycle with no footrests for that person.

�� (2) The offense described in this section, unlawfully carrying a passenger on a motorcycle, is a Class B traffic violation. [1987 c.138 �8]

�� 814.330 Carrying passenger on moped; penalty. (1) A person commits the offense of unlawfully carrying a passenger on a moped if the person operates a moped on any highway of this state with a passenger on the moped.

�� (2) The offense described in this section, unlawfully carrying a passenger on a moped, is a Class D traffic violation. [Formerly 487.743]

�� 814.340 Riding as passenger on moped; penalty. (1) A person commits the offense of unlawfully riding as a passenger on a moped if the person rides any moped as a passenger on a highway of this state.

�� (2) The offense described in this section, unlawfully riding as a passenger on a moped, is a Class D traffic violation. [Formerly 487.746]

BICYCLES

�� 814.400 Application of vehicle laws to bicycles. (1) Every person riding a bicycle upon a public way is subject to the provisions applicable to and has the same rights and duties as the driver of any other vehicle concerning operating on highways, vehicle equipment and abandoned vehicles, except:

�� (a) Those provisions which by their very nature can have no application.

�� (b) When otherwise specifically provided under the vehicle code.

�� (2) Subject to the provisions of subsection (1) of this section:

�� (a) A bicycle is a vehicle for purposes of the vehicle code; and

�� (b) When the term �vehicle� is used the term shall be deemed to be applicable to bicycles.

�� (3) The provisions of the vehicle code relating to the operation of bicycles do not relieve a bicyclist or motorist from the duty to exercise due care. [1983 c.338 �697; 1985 c.16 �335]

�� 814.405 Status of electric assisted bicycle. An electric assisted bicycle shall be considered a bicycle, rather than a motor vehicle, for purposes of the Oregon Vehicle Code, except when otherwise specifically provided by statute. [1997 c.400 �4]

�� 814.410 Unsafe operation of bicycle on sidewalk; penalty. (1) A person commits the offense of unsafe operation of a bicycle on a sidewalk if the person does any of the following:

�� (a) Operates the bicycle so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.

�� (b) Operates a bicycle upon a sidewalk and does not give an audible warning before overtaking and passing a pedestrian and does not yield the right of way to all pedestrians on the sidewalk.

�� (c) Operates a bicycle on a sidewalk in a careless manner that endangers or would be likely to endanger any person or property.

�� (d) Operates the bicycle at a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This paragraph does not require reduced speeds for bicycles at places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic.

�� (e) Operates an electric assisted bicycle on a sidewalk.

�� (2) Except as otherwise specifically provided by law, a bicyclist on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk.

�� (3) The offense described in this section, unsafe operation of a bicycle on a sidewalk, is a Class D traffic violation. [1983 c.338 �699; 1985 c.16 �337; 1997 c.400 �7; 2005 c.316 �2]

�� 814.414 Improper entry into intersection controlled by stop sign; penalty. (1) A person operating a bicycle who is approaching an intersection where traffic is controlled by a stop sign may, without violating ORS 811.265, do any of the following without stopping if the person slows the bicycle to a safe speed:

�� (a) Proceed through the intersection.

�� (b) Make a right or left turn into a two-way street.

�� (c) Make a right or left turn into a one-way street in the direction of traffic upon the one-way street.

�� (2) A person commits the offense of improper entry into an intersection where traffic is controlled by a stop sign if the person does any of the following while proceeding as described in subsection (1) of this section:

�� (a) Fails to yield the right of way to traffic lawfully within the intersection or approaching so close as to constitute an immediate hazard;

�� (b) Disobeys the directions of a police officer or flagger, as defined in ORS 811.230;

�� (c) Fails to exercise care to avoid an accident; or

�� (d) Fails to yield the right of way to a pedestrian in an intersection or crosswalk under ORS 811.028.

�� (3) The offense described in this section, improper entry into an intersection where traffic is controlled by a stop sign, is a Class D traffic violation. [2019 c.683 �2]

�� 814.416 Improper entry into intersection controlled by flashing red signal; penalty. (1) A person operating a bicycle who is approaching an intersection where traffic is controlled by a flashing red signal may, without violating ORS 811.265, do any of the following without stopping if the person slows the bicycle to a safe speed:

�� (a) Proceed through the intersection.

�� (b) Make a right or left turn into a two-way street.

�� (c) Make a right or left turn into a one-way street in the direction of traffic upon the one-way street.

�� (2) A person commits the offense of improper entry into an intersection where traffic is controlled by a flashing red signal if the person does any of the following while proceeding as described in subsection (1) of this section:

�� (a) Fails to yield the right of way to traffic lawfully within the intersection or approaching so close as to constitute an immediate hazard;

�� (b) Disobeys the directions of a police officer;

�� (c) Fails to exercise care to avoid an accident; or

�� (d) Fails to yield the right of way to a pedestrian in an intersection or crosswalk under ORS 811.028.

�� (3) The offense described in this section, improper entry into an intersection where traffic is controlled by a flashing red signal, is a Class D traffic violation. [2019 c.683 �3]

�� 814.420 Failure to use bicycle lane or path; exceptions; penalty. (1) Except as provided in subsections (2) and (3) of this section, a person commits the offense of failure to use a bicycle lane or path if the person operates a bicycle on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway.

�� (2) A person is not required to comply with this section unless the state or local authority with jurisdiction over the roadway finds, after public hearing, that the bicycle lane or bicycle path is suitable for safe bicycle use at reasonable rates of speed.

�� (3) A person is not in violation of the offense under this section if the person is able to safely move out of the bicycle lane or path for the purpose of:

�� (a) Overtaking and passing another bicycle, a vehicle or a pedestrian that is in the bicycle lane or path and passage cannot safely be made in the lane or path.

�� (b) Preparing to execute a left turn at an intersection or into a private road or driveway.

�� (c) Avoiding debris or other hazardous conditions.

�� (d) Preparing to execute a right turn where a right turn is authorized.

�� (e) Continuing straight at an intersection where the bicycle lane or path is to the right of a lane from which a motor vehicle must turn right.

�� (4) The offense described in this section, failure to use a bicycle lane or path, is a Class D traffic violation. [1983 c.338 �700; 1985 c.16 �338; 2005 c.316 �3]

�� 814.430 Improper use of lanes; exceptions; penalty. (1) A person commits the offense of improper use of lanes by a bicycle if the person is operating a bicycle on a roadway at less than the normal speed of traffic using the roadway at that time and place under the existing conditions and the person does not ride as close as practicable to the right curb or edge of the roadway.

�� (2) A person is not in violation of the offense under this section if the person is not operating a bicycle as close as practicable to the right curb or edge of the roadway under any of the following circumstances:

�� (a) When overtaking and passing another bicycle or vehicle that is proceeding in the same direction.

�� (b) When preparing to execute a left turn.

�� (c) When reasonably necessary to avoid hazardous conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements.

�� (d) When operating within a city as near as practicable to the left curb or edge of a roadway that is designated to allow traffic to move in only one direction along the roadway. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of the roadway.

�� (e) When operating a bicycle alongside not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic.

�� (f) When operating on a bicycle lane or bicycle path.

�� (3) The offense described in this section, improper use of lanes by a bicycle, is a Class D traffic violation. [1983 c.338 �701; 1985 c.16 �339]

�� 814.440 Failure to signal turn; exceptions; penalty. (1) A person commits the offense of failure to signal for a bicycle turn if the person does any of the following:

�� (a) Stops a bicycle the person is operating without giving the appropriate hand and arm signal continuously for at least 100 feet before executing the stop.

�� (b) Executes a turn on a bicycle the person is operating without giving the appropriate hand and arm signal for the turn for at least 100 feet before executing the turn.

�� (c) Executes a turn on a bicycle the person is operating after having been stopped without giving, while stopped, the appropriate hand and arm signal for the turn.

�� (2) A person is not in violation of the offense under this section if the person is operating a bicycle and does not give the appropriate signal continuously for a stop or turn because circumstances require that both hands be used to safely control or operate the bicycle.

�� (3) The appropriate hand and arm signals for indicating turns and stops under this section are those provided for other vehicles under ORS 811.395 and 811.400.

�� (4) The offense described under this section, failure to signal for a bicycle turn, is a Class D traffic violation. [1983 c.338 �703; 1985 c.16 �341]

�� 814.450 Unlawful load on bicycle; penalty. (1) A person commits the offense of having an unlawful load on a bicycle if the person is operating a bicycle and the person carries a package, bundle or article which prevents the person from keeping at least one hand upon the handlebar and having full control at all times.

�� (2) The offense described in this section, unlawful load on a bicycle, is a Class D traffic violation. [1983 c.338 �704]

�� 814.460 Unlawful passengers on bicycle; penalty. (1) A person commits the offense of unlawful passengers on a bicycle if the person operates a bicycle and carries more persons on the bicycle than the number for which it is designed or safely equipped.

�� (2) The offense described in this section, unlawful passengers on a bicycle, is a Class D traffic violation. [1983 c.338 �705]

�� 814.470 Failure to use bicycle seat; penalty. (1) A person commits the offense of failure to use a bicycle seat if the person is operating a bicycle and the person rides other than upon or astride a permanent and regular seat attached to the bicycle.

�� (2) The offense described in this section, failure to use a bicycle seat, is a Class D traffic violation. [1983 c.338 �706; 2003 c.341 �13; 2015 c.138 �26]

�� 814.480 Nonmotorized vehicle clinging to another vehicle; penalty. (1) A person commits the offense of nonmotorized vehicle clinging to another vehicle if the person is riding upon or operating a bicycle, coaster, roller skates, sled or toy vehicle and the person clings to another vehicle upon a roadway or attaches that which the person is riding or operating to any other vehicle upon a roadway.

�� (2) The offense described in this section, nonmotorized vehicle clinging to another vehicle, is a Class D traffic violation. [1983 c.338 �707]

�� 814.484 Meaning of �bicycle� and �operating or riding on a highway.� (1) For purposes of ORS 814.485,

ORS 366.290

366.290 or 373.010. [1967 c.272 �1; 1975 c.587 �1; 1975 c.782 �51a]

�� 366.323 Studies to aid in relocating persons displaced by highway acquisition. When plans of the Department of Transportation projected for one year involve acquisition of properties in any city which will require removal of 25 or more dwelling units, businesses or institutions, the Department of Transportation shall make a study of the persons residing on or maintaining businesses or institutions on property scheduled for highway acquisition. Such studies shall be kept current until the premises required for highway acquisition are vacated. The department shall obtain such other information as it finds appropriate to aid in the relocation of persons displaced by the highway acquisition, and may extend its studies beyond city boundaries when the highway acquisition will involve dwellings, businesses or institutions within three miles of a city boundary. Such information shall be made available to the persons displaced and to other persons who may provide or assist in providing new locations. This section shall apply whether the highway acquisitions will be paid for in whole or in part from state funds either directly or by reimbursement. The Department of Transportation may contract with any governmental subdivision or agency, or with private concerns to make and maintain such studies, or may employ necessary assistants therefor. [1959 c.648 �1; 1963 c.187 �1]

�� 366.324 Financial assistance to persons displaced by highway acquisition; rules. (1) When federal funds are available for payment of direct financial assistance to persons displaced by highway acquisition, the Department of Transportation may match such federal funds to the extent provided by federal law and to provide such direct financial assistance in the instances and on the conditions set forth by federal law and regulations.

�� (2) When federal funds are not available or used for payment of direct financial assistance to persons displaced by department acquisition of property, the department may provide direct financial assistance to such persons. Financial assistance authorized by this subsection shall not exceed the total amount that would have been payable under subsection (1) of this section if federal funds had been available or used. The department may adopt rules and regulations to carry out the provisions of this subsection. [1959 c.648 �2; 1963 c.187 �2; 1965 c.222 �1]

�� 366.325 Rights of way through cemeteries. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain, real property for right of way through a cemetery, except that the department has no authority to acquire any such real property by exercise of the power of eminent domain if within the area sought to be taken there are graves which would be disturbed by the location and construction of a highway. The department may acquire by purchase, agreement, donation or exercise of the power of eminent domain, real property contiguous to the cemetery, and may convey such real property to the cemetery association or the owners of the cemetery in exchange for the property sought to be acquired for right of way purposes, but such authority shall not be exercised unless and until the owners of the cemetery agree in writing to the exchange of lands.

�� 366.330 Acquisition of land adjoining right of way. The Department of Transportation may, when acquiring real property for right of way purposes, acquire additional real property adjoining the real property sought to be acquired for the particular public project if such additional and adjoining real property is needed for the purpose of moving and establishing thereon buildings or other structures then established on real property required for right of way purposes. The acquisition of the abutting, additional real property may be accomplished by purchase, agreement, donation or exercise of the power of eminent domain. Such real property can be acquired only in the event that the owner of the real property required for right of way purposes and on which there is then located buildings or other structures, has entered into a written agreement with the department providing for and consenting to the removal and reestablishment of the buildings or structures on the additional, abutting real property.

�� 366.332 Definitions for ORS 366.332 and 366.333. As used in this section and ORS 366.333:

�� (1) �Real property� includes any right, title or interest in real property.

�� (2) �Utility� means any corporation, including municipal or quasi-municipal corporation, company, individual, association of individuals, lessee, trustee or receiver, that owns, operates, manages or controls all or part of any plant or equipment in this state, whether or not such plant or equipment or part thereof is wholly within or outside any city, which plant or equipment is used, directly or indirectly:

�� (a) For the conveyance of telegraph or telephone messages, with or without wires;

�� (b) For the transportation of water, gas or petroleum products by pipelines;

�� (c) For the production, transmission, delivery or furnishing of heat, light, water, power, electricity or electrical impulses; or

�� (d) For the transmission and delivery of television pictures and sound by cables. [1965 c.382 �2]

�� 366.333 Acquisition of utility real property; exchange of land for right of way. (1) If real property upon which utility facilities are located is necessary for city street, public road or state highway location, relocation, construction, reconstruction, betterment or maintenance, and any portion of the real property is likewise required by the utility for the proper operation of its business, but the utility is willing to convey the real property to the state for city street, public road or state highway purposes in exchange for other real property within a reasonable distance, the state, through the Department of Transportation, may acquire by purchase, agreement or by the exercise of the power of eminent domain, other real property, except that of another utility, within a reasonable distance. After having acquired such real property, the state, through the department, may convey it to the utility in exchange for the real property required from the utility for city street, public road or state highway purposes. The difference in the value of the respective real properties shall be considered by the department in making the exchange.

�� (2) ORS 366.332 and this section do not vest in any utility any right, title or interest in any city street, public road, state highway or other public property. [1965 c.382 ��3,4]

�� 366.335 Acquisition of railroad right of way; exchange of land therefor. (1) Whenever in the location, relocation, construction or betterment of any highway within the state, it is deemed necessary to locate, relocate or construct the highway, or any part thereof, upon the right of way of any railroad company, the state, through the Department of Transportation, may negotiate and agree with the railroad company for the right to use or occupy the right of way, or so much thereof as is necessary for highway purposes.

�� (2) In case no satisfactory agreement can be effected, then the state, through the department, may acquire the right of way by exercise of the power of eminent domain, and for that purpose may commence and prosecute condemnation proceedings to acquire the right to the use and occupancy of sufficient of the railroad right of way for highway purposes.

�� (3) Nothing in subsection (2) of this section authorizes the use or occupancy of the railroad right of way which would interfere with the operation of the railroad or its necessary appurtenances, taking into consideration the use of the railroad right of way by the company for yards, terminals, station grounds and necessary additional trackage, or which would jeopardize the safety of the public.

�� (4) In the event that the right of way or property of any railroad company in the state required or needed for state highway location, relocation, construction or betterment, and any portion of the property or right of way is likewise needed and required by the railroad company for the proper operation of its trains and the usual and ordinary conduct of its business, but which property or land the railroad company is willing to deed to the state for highway purposes in exchange for a like amount of land within a reasonable distance, the state, through the department, may acquire by purchase, agreement or by exercise of the power of eminent domain, an equal amount of land or property within a reasonable distance. After having acquired such land or property, the state, through the department, may convey the same to the railroad company in exchange for the land or property needed and required from the railroad company for highway purposes. The difference in the value of the respective parcels of land shall be considered by the department in making the exchange. [Amended by 1965 c.383 �1; 1999 c.59 �100]

�� 366.337 Exchange of certain parcels of land authorized. The Department of Transportation, in the name of the State of Oregon, hereby is authorized to convey to any person, firm or corporation all or parts of the real properties described in section 1, chapter 21, Oregon Laws 1953, in exchange for other real properties in close proximity thereto which, in the judgment of the department, are of equal or superior useful value for public use. [1953 c.21 �2]

�� 366.340 Acquisition of real property generally. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain real property, or any right or interest therein, including any easement or right of access, deemed necessary for:

�� (1) Construction of shops, equipment sheds, office buildings, maintenance sites, patrolmen accommodations, snow fences, quarry sites, gravel pits, storage sites, stock pile sites, weighing stations and broadcasting stations.

�� (2) Appropriation, acquisition or manufacture of road-building materials, approach or hauling roads, connecting roads, frontage road, highway drainage and drainage tunnels.

�� (3) Maintenance of an unobstructed view of any state highway so as to provide for the safety of the traveling public.

�� (4) Any other use or purpose deemed necessary for carrying out the purposes of this Act.

�� (5) Elimination or prevention of hazardous or undesirable points of entry from adjacent property to state highways. [Amended by 1953 c.252 �2]

�� 366.345 [Amended by 1957 c.392 �1; 1963 c.601 �2; renumbered 390.110]

�� 366.350 [Amended by 1959 c.611 �3; 1963 c.601 �3; renumbered 390.160]

�� 366.355 [Renumbered 390.210]

�� 366.360 Taking fee simple title. In all cases where title to real property is acquired by the Department of Transportation either by donation, agreement or exercise of the power of eminent domain, a title in fee simple may be taken.

�� 366.365 Going upon private property; rules. (1) The Department of Transportation may go upon private property in the manner provided by ORS 35.220 to determine the advisability or practicability of locating and constructing a highway over the property or the source, suitability or availability of road-building materials thereon.

�� (2)(a) The department may go upon private property in the manner provided by ORS 35.220 to inspect a tree that the department believes may potentially pose an immediate and substantial risk of damage or injury because the tree is obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.

�� (b) If after inspecting the tree the department believes that the tree presents a potential risk as described in paragraph (a) of this subsection, the department may request that an arborist certified by the International Society of Arboriculture conduct a technical evaluation, as defined by the department by rule, of the tree.

�� (c) If the arborist determines after conducting a technical evaluation that the tree presents an immediate and substantial risk of damage or injury, the department may immediately cut down the tree.

�� (3) The department may go upon private property to cut down or remove trees located on the property without notifying the property owner if the department has determined that the trees create an immediate and substantial risk of damage or injury by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.

�� (4) Within a reasonable amount of time after the department cuts down or removes trees in the manner provided by subsection (2) or (3) of this section, the department shall locate the property owner and notify the property owner of the department�s actions. The department may establish the process of notification by rule. [Amended by 1953 c.252 �2; 2003 c.477 �5; 2005 c.22 �259; 2009 c.130 �1; 2012 c.56 �3]

�� 366.366 Removal of trees. Notwithstanding any city, county or other local government charter or ordinance, the Department of Transportation may cut down or remove trees located within a state highway right of way without first obtaining a permit. [2012 c.56 �2]

�� 366.370 [Repealed by 1971 c.741 �38]

�� 366.375 [Repealed by 1971 c.741 �38]

�� 366.380 [Amended by 1957 c.656 �1; 1959 c.339 �1; 1967 c.479 �7; repealed by 1971 c.741 �38]

�� 366.385 [Repealed by 1967 c.479 �8]

�� 366.390 [Repealed by 1971 c.741 �38]

�� 366.392 [1953 c.621 �1; subsection (2) enacted as 1961 c.404 �1; 1967 c.454 �36; repealed by 1971 c.741 �38]

�� 366.393 [1953 c.621 �2; subsection (2) enacted as 1961 c.404 �2; repealed by 1971 c.741 �38]

�� 366.394 [1967 c.479 �10; repealed by 1971 c.741 �38]

�� 366.395 Disposition or leasing of property; sale of forest products. (1) The Department of Transportation may sell, lease, exchange or otherwise dispose or permit use of real or personal property, including equipment and materials acquired by the department, title to which real or other property may have been taken either in the name of the department, or in the name of the state, and which real or personal property is, in the opinion of the department, no longer needed, required or useful for department purposes, except that real property may be leased when, in the opinion of the department, such real property will not be needed, required or useful for department purposes during the leasing period. The department may exchange property as provided in subsection (3) of this section regardless of whether the property is needed by, required by or useful to the department if, in the judgment of the department, doing so will best serve the interests of the state.

�� (2) The department may sell, lease, exchange or otherwise dispose of such real or personal property in such manner as, in the judgment of the department, will best serve the interests of the state and will most adequately conserve highway funds or the department�s account or fund for the real or personal property. In the case of real property, interest in or title to the same may be conveyed by deed or other instrument executed in the name of the state, by and through the department. All funds or money derived from the sale or lease of any such property shall be paid by the department to the State Treasurer with instructions to the State Treasurer to credit such funds or moneys:

�� (a) To the highway fund; or

�� (b) To the department�s account or fund for the property. The State Treasurer shall credit the funds and moneys so received as the department shall direct.

�� (3) Property described in subsection (1) of this section may be exchanged for other property or for services. As used in this subsection, �services� includes, but is not limited to, public improvements as defined in ORS 279A.010.

�� (4)(a) Before offering forest products for sale the department shall cause the forest products to be appraised.

�� (b) If the appraised value of the forest products exceeds $50,000, the department may not sell them to a private person, firm or corporation except after a public auction to receive competitive bids. Prior to a public auction, the department shall give notice of the auction not less than once a week for three consecutive weeks by publication in one or more newspapers of general circulation in the county in which the forest products are located and by any other means of communication that the department deems advisable. The department shall provide the minimum bid price and a brief statement of the terms and conditions of the sale in the notice.

�� (c) Notice and competitive bidding under paragraph (b) of this subsection is not required if the Director of Transportation declares an emergency to exist that requires the immediate removal of the timber. If an emergency has been so declared:

�� (A) Then the timber, regardless of value, may be sold by a negotiated price; and

�� (B) The director shall make available for public inspection a written statement giving the reasons for declaring the emergency.

�� (5) The department�s account or fund for the forest product shall be credited with the proceeds of the sale. [Amended by 1953 c.252 �2; 1971 c.279 �1; 1983 c.26 �1; 1989 c.904 �60; 1993 c.741 �40; 2005 c.32 �1; 2012 c.56 �4]

�� 366.400 Execution of contracts. The Department of Transportation may enter into all contracts deemed necessary for the construction, maintenance, operation, improvement or betterment of highways or for the accomplishment of the purposes of this Act. All contracts executed by the department shall be made in the name of the state, by and through the department. [Amended by 1953 c.252 �2; 1975 c.771 �24]

�� 366.405 [Amended by 1953 c.252 �2; repealed by 1975 c.771 �33]

�� 366.410 [Repealed by 1975 c.771 �33]

�� 366.415 [Amended by 1967 c.454 �37; 1969 c.423 �2; repealed by 1975 c.771 �33]

�� 366.420 [Repealed by 1975 c.771 �33]

�� 366.425 Deposit of moneys for highway work. (1) Any county, city or road district of the state or any person, firm or corporation may deposit moneys in the State Treasury or may deposit with the Department of Transportation an irrevocable letter of credit approved by the department for laying out, surveying, locating, grading, surfacing, repairing or doing other work upon any public highway within the state under the direction of the department. When any money or a letter of credit is deposited with the department under this subsection, the department shall proceed with the proposed highway project.

�� (2) Money deposited under subsection (1) of this section shall be disbursed for the purpose for which it was deposited upon a voucher approved by the department and a warrant. [Amended by 1967 c.454 �38; 1979 c.365 �1]

�� 366.430 [Amended by 1953 c.252 �2; repealed by 1969 c.429 �6]

�� 366.435 Auditing and allowing claims. The Department of Transportation may allow all claims legally payable out of the highway fund. The department shall, if satisfied as to the correctness and validity of a claim, indorse approval thereon. When claims have been approved and indorsed by the fiscal officer of the department, they shall be filed with the fiscal officer of the department, who shall audit and pay the same out of the highway fund. [Amended by 1953 c.252 �2; 1967 c.454 �39]

�� 366.440 [Repealed by 2015 c.138 �11]

�� 366.445 Repair of damaged highways. The Department of Transportation may repair or cause to be repaired at once any state highway which has been damaged by slides, flood or other catastrophe so that the highway may be immediately reopened to traffic. To accomplish the reopening of the highway the department may, if it is deemed for the best interests of the state, proceed at once to remove the slide or to repair the damage with the department�s own forces, or with other available forces. The department may cause such work to be done by contract without calling for competitive bids.

�� 366.450 Road signs. The Department of Transportation may erect and maintain such directional road and other signs on the state highways at such places and of such material and design as it selects. [Amended by 1957 c.663 �1]

�� 366.455 Removing unlawful signs and structures. The Department of Transportation may take down and remove from the right of way of any state highway any sign or other structure or thing erected or maintained thereon contrary to law. When removing a sign or other structure or thing the department shall follow and comply with the legal or statutory procedure provided by law. [Amended by 2007 c.199 �23]

�� 366.460 Construction of sidewalks within highway right of way. The Department of Transportation may construct and maintain within the right of way of any state highway or section thereof sidewalks, footpaths, bicycle paths or trails for horseback riding or to facilitate the driving of livestock. Before the construction of any of such facilities the department must find and declare that the construction thereof is necessary in the public interest and will contribute to the safety of pedestrians, the motoring public or persons using the highway. Such facilities shall be constructed to permit reasonable ingress and egress to abutting property lawfully entitled to such rights.

�� 366.462 Construction of fences on freeway overpasses. (1) The Department of Transportation shall construct fences on all freeway overpasses that are built on and after November 4, 1993. The fences shall be designed to deter persons from throwing objects from the overpasses onto the freeways.

�� (2) The Department of Transportation shall construct fences on existing freeway overpasses that involve the greatest risk factors. [1993 c.510 ��1,2; 2001 c.104 �125; 2017 c.750 �133]

�� Note: 366.462 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.465 Gates and stock guards. The Department of Transportation may erect and maintain gates and stock or cattle guards in state highways at such points where the highways are crossed by drift or stock fences, where such highways intersect state or government-owned highways or other public highways and at other places in the state highways as the department may deem for the best interests of the public. The department may issue permits for the erection and maintenance of the same. Any gates constructed under this section must be constructed and maintained upon the right of way and not upon the traveled portion of the highway. If gates or stock guards are constructed under this section pursuant to a permit issued by the department, then the permit may contain such conditions, obligations and requirements as the department may deem for the best interests of the general public.

�� 366.470 Agreements with railroad companies for snow removal. (1) The Department of Transportation may enter into agreements with a railroad company for the removal of snow from highway and railroad whenever a state highway is in close proximity to a railroad track and by reason thereof and in order to remove from the highway snow and ice which has blocked or threatens to block the highway to traffic it becomes necessary to cast such snow and ice upon the railroad tracks, thereby impairing or interfering with train movement and tending to block train operations. The agreement may be made during or in anticipation of any such contingency, shall be in writing and shall fix the terms and conditions under which and the extent to and manner in which the state may, in removing the snow and ice from the highway, cast it upon the railroad tracks.

�� (2) The department may procure or cause to be executed by a corporation authorized to do such business in the state, a liability policy of insurance, an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, or an undertaking running in favor of the state, the department, the railroad company and their officers and such employees of such parties as the contracting parties may designate.

�� (3) The insurance, letter of credit or undertaking:

�� (a) Shall be acceptable to the contracting parties.

�� (b) Shall in any event indemnify, protect and hold harmless the railroad company, its officers and employees designated, the state, the department, its officers and employees designated, from all claims for damage occasioned by or in connection with the removal of snow from the highway and the casting of the snow upon the railroad tracks.

�� (c) May, if so provided, reimburse either or both of the contracting parties for loss, cost and expense incurred in connection with or resulting from such work.

�� (4) The department may pay out of the highway fund the premium for the insurance or for the fee for the letter of credit and the cost and expense incurred or sustained by the railroad company and the state incident to the snow removal. [Amended by 1953 c.252 �2; 1991 c.331 �58; 1997 c.631 �466]

�� 366.475 [Amended by 1979 c.104 �1; repealed by 1983 c.324 �59]

�� 366.480 Destruction of vouchers. The Department of Transportation may from time to time destroy copies of vouchers which have ceased to possess any record value or serve any purpose and which have been in the files and custody of the department for a period of at least 10 years.

�� 366.483 Transfer of jurisdiction of certain highways. (1) In accordance with ORS 374.329, the Department of Transportation shall transfer jurisdiction of the following state highways to the following cities:

�� (a) Pacific Highway West, State Highway 99, from the department to the City of Eugene. The department shall transfer the following two portions:

�� (A) The portion beginning where the highway intersects with the Beltline Highway and ending where the highway intersects with Washington Street, but excluding the bridge at milepost 121.42.

�� (B) The portion beginning where the highway intersects with Walnut Street and ending where the highway intersects with Interstate 5, but excluding the bridge at milepost 126.02.

�� (b) Springfield Highway, State Highway 228 to the City of Springfield.

�� (2) Notwithstanding section 71d (4), chapter 750, Oregon Laws 2017, the department shall use the funds described in section 71d, chapter 750, Oregon Laws 2017, for the transfer of Powell Boulevard to upgrade the portion of Southeast Powell Boulevard beginning where the highway intersects with Interstate 205 and ending where the highway intersects with the city limits. After the upgrades are completed, in accordance with ORS 374.329, the department shall transfer jurisdiction of the upgraded portion to the City of Portland. The department may upgrade and transfer portions of the highway in phases.

�� (3) In accordance with ORS 366.290:

�� (a) The department shall transfer jurisdiction of the portion of Territorial Highway, State Highway 200, that is located within Lane County from the department to the county. The department may transfer portions of the highway in phases. The department shall retain jurisdiction of bridges on Territorial Highway located at milepoints 4.59, 7.07, 17.92, 18.72, 18.98, 19.28 and 25.49. The department shall transfer the jurisdiction of the bridges after the bridges are replaced.

�� (b) The department shall transfer jurisdiction of the portion of the Springfield-Creswell Highway, State Highway 222, beginning where it intersects with Jasper-Lowell Road and ending where it intersects with Emerald Parkway to Lane County. The department shall retain jurisdiction of bridges on Springfield-Creswell Highway located at mileposts 5.20, 5.41, 5.64 and 13.36. The department shall transfer the jurisdiction of a bridge after the bridge is replaced.

�� (c) Lane County shall transfer jurisdiction of the portion of Delta Highway beginning where the highway intersects with Interstate 105 and ending where the highway intersects with the Randy Pape Beltline from the county to the department.

�� (d) Multnomah County and Washington County shall transfer jurisdiction of the portion of Cornelius Pass Road beginning where the highway intersects with U.S. Highway 30 and ending where the highway intersects with U.S. Highway 26 from the counties to the department. The counties may transfer portions of the highway in phases. [2017 c.750 �134; 2018 c.93 �35]

�� Note: 366.483 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.485 [Repealed by 1975 c.605 �33]

ROADSIDE REST AREAS

�� 366.486 Construction of roadside rest area facilities for persons with disabilities. When a new roadside rest area is established adjacent to or within the right of way of a state highway, or when rest room facilities are constructed in an existing roadside rest area adjacent to or within the right of way of a state highway, a separate rest room facility for persons with disabilities of both sexes shall be constructed. The facility shall meet all requirements of ORS 447.210 to 447.280. [1993 c.738 �1; 2007 c.70 �152]

�� Note: 366.486, 366.487 and 366.490 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.487 Use of roadside rest area rest rooms by persons with disabilities. (1) If a roadside rest area adjacent to or within the right of way of a state highway does not have a separate rest room facility for persons with disabilities of both sexes, a person with a disability and a person of the opposite sex who is accompanying a person with a disability for the purpose of assisting the person with a disability in using the rest room may enter any existing rest room. Prior to entering the rest room, the assisting person shall receive permission from anyone who is in the rest room.

�� (2) A sign shall be posted outside all rest room facilities subject to the provisions of subsection (1) of this section stating that attendants of the opposite sex may accompany or be accompanied by persons with disabilities into any rest room. The sign shall include appropriate graphics. [1993 c.738 �2; 2007 c.70 �153]

�� Note: See note under 366.486.

�� 366.490 Coffee and cookies at roadside rest areas; rules. (1) The Department of Transportation shall establish by rule a permit program allowing nonprofit organizations to provide free coffee or other nonalcoholic beverages and cookies at roadside rest areas managed by the department. Cookies offered under the program must come from a licensed facility. Rules adopted under this section may not restrict the program to any particular days of the year.

�� (2) An organization may apply for a permit to provide coffee, other beverages and cookies at a rest area managed by the department by submitting a written request to an employee of the department designated by the department. The request shall specify the day on which the organization wishes to offer the beverages and cookies and the specific rest area where they will be offered. The request shall be submitted not more than 60 days prior to the date requested.

�� (3) The department shall issue a permit to the selected organization not less than 30 days in advance of the date for which the permit is issued. If there is more than one request for the same date and the same place, the department shall select one organization by random drawing and shall issue the permit to that organization.

�� (4) The department may not issue more than one permit for the same time and place.

�� (5) An organization that receives a permit shall confine distribution of coffee, other beverages or cookies to an area of the rest area designated in the permit or by the rest area attendant. The organization may not obstruct access to any building or other structure in the rest area.

�� (6) An organization providing coffee, other beverages or cookies may receive donations.

�� (7) An organization may post signs identifying the organization and the activity, provided that each sign is not more than 10 square feet in area and there are not more than two signs. The signs may be placed only on vehicles used in connection with the provision of beverages and cookies or located in the area designated for the activity.

�� (8) The department may revoke the permit of any organization that fails to comply with the provisions of this section or with rules adopted by the department to implement the provisions.

�� (9) Rules adopted by the department under this section do not apply to roadside rest areas managed by the Travel Information Council pursuant to ORS 377.841. [1993 c.738 �3; 2005 c.256 �1; 2012 c.63 �9]

�� Note: See note under 366.486.

�� 366.493 Rules regarding health and safety. The Oregon Transportation Commission may adopt rules governing health and safety in roadside rest areas and scenic overlooks under the jurisdiction of the Department of Transportation. [2009 c.99 �2]

STATE HIGHWAY FUND

�� 366.505 Composition and use of highway fund. (1) The State Highway Fund shall consist of:

�� (a) All moneys and revenues derived under and by virtue of the sale of bonds, the sale of which is authorized by law and the proceeds thereof to be dedicated to highway purposes.

�� (b) All moneys and revenues accruing from the licensing of motor vehicles, operators and chauffeurs.

�� (c) Moneys and revenues derived from any tax levied upon gasoline, distillate, liberty fuel or other volatile and inflammable liquid fuels, except moneys and revenues described in ORS 184.642 (2)(a) that become part of the Department of Transportation Operating Fund.

�� (d) Moneys and revenues derived from the road usage charges imposed under ORS 319.885.

�� (e) Moneys and revenues derived from the use tax imposed under ORS 320.410.

�� (f) Moneys and revenues derived from or made available by the federal government for road construction, maintenance or betterment purposes.

�� (g) All moneys and revenues received from all other sources which by law are allocated or dedicated for highway purposes.

�� (2) The State Highway Fund shall be deemed and held as a trust fund, separate and distinct from the General Fund, and may be used only for the purposes authorized by law and is continually appropriated for such purposes.

�� (3) Moneys in the State Highway Fund may be invested as provided in ORS 293.701 to 293.857. All interest earnings on any of the funds designated in subsection (1) of this section shall be placed to the credit of the highway fund. [Amended by 1953 c.125 �5; 1989 c.966 �43; 2001 c.820 �5; 2009 c.821 �30a; 2013 c.781 �22; 2017 c.750 �116]

�� 366.506 Highway cost allocation study; purposes; design; report; use of report by Legislative Assembly. (1) Once every two years, the Oregon Department of Administrative Services shall conduct a highway cost allocation study. The purpose of the study is to determine:

�� (a) The proportionate share that the users of each class of vehicle should pay for the costs of maintenance, operation and improvement of the highways, roads and streets in the state; and

�� (b) Whether the users of each class are paying that share.

�� (2) Each study must include:

�� (a) An examination of the most recent study period for which actual data are available for the purpose of determining the accuracy of the most recently published study results; and

�� (b) An examination of the prospective study period based on projected data for the purpose described in subsection (1) of this section.

�� (3) The department may use any study design the department determines will best accomplish the purposes stated in subsection (1) of this section. In designing the study, the department may make decisions that include, but are not limited to, the methodology to be used for the study, what constitutes a class of vehicle for purposes of collection of data under subsections (1) to (5) of this section and the nature and scope of costs that will be included in the study.

�� (4) The department may appoint a study review team to participate in the study required by subsection (1) of this section. The team may perform any functions assigned by the department, including, but not limited to, consulting on the design of the study.

�� (5) A report on the results of the study shall be submitted to the legislative revenue committees and the Joint Committee on Transportation by January 31 of each odd-numbered year.

�� (6) The Legislative Assembly shall use the report described in subsection (5) of this section to determine whether adjustments to revenue sources described in Article IX, section 3a (3), of the Oregon Constitution, are needed in order to carry out the purposes of Article IX, section 3a (3), of the Oregon Constitution. If such adjustments are needed, the Legislative Assembly shall enact whatever measures are necessary to make the adjustments. [2003 c.755 ��1,2; 2023 c.545 �7]

�� Note: 366.506 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� Note: 366.506 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.507 Modernization program; funding; conditions and criteria. The Department of Transportation shall use an amount equal to the amount of moneys in the State Highway Fund that becomes available for its use from the increase in tax rates created by the amendments to ORS 319.020, 319.530, 825.476 and 825.480 by sections 1, 2 and 10 to 15, chapter 209, Oregon Laws 1985, and an amount equal to one-third of the amount of moneys in the State Highway Fund that becomes available for its use from any increase in tax rates created by the amendments to ORS

ORS 372.480

372.480�� Grounds for granting dissolution; assumption of district indebtedness; disposition of surplus; statement of dissolution

�� 372.010 Definitions. As used in this chapter unless the context requires otherwise:

�� (1) �County board� means board of county commissioners or county court of a county.

�� (2) �County� means the county in which the district, or the greatest length of highway to be illuminated, is located.

�� (3) �District� means a highway lighting district formed under this chapter.

�� (4) �District board� or �board of commissioners� means the governing body of a district.

�� (5) �Highway� means any road or way open to public travel.

�� (6) �Owner� or �landowner� means the holder of record title to real property or the vendee under a recorded land sale contract, if there is such a contract. [Amended by 1955 c.80 �1; 1971 c.514 �1; 1983 c.83 �83]

�� 372.020 Authority to organize district. The abutting property owners or the electors resident along any highway may organize a highway lighting district for the purpose of illuminating the highway abutting their respective properties in the manner provided by this chapter. [Amended by 1971 c.514 �2; 1971 c.727 �109]

�� 372.030 Location of district. A highway lighting district may be entirely outside the limits of a city or it may be both outside and inside such limits. The boundary lines of the district shall include only territory that abuts a portion, not less than 600 feet in length, of a highway. [Amended by 1971 c.514 �3]

�� 372.040 Petition for formation of district; contents. A petition for the formation of a district, in addition to other matters required, shall set forth:

�� (1) The number of owners of property abutting the highway within the proposed district.

�� (2) The estimated initial cost of the acquisition and installation of the lighting equipment and the easements or permits necessary to carry out the purposes of the proposed district.

�� (3) The estimated annual cost of maintenance and operation.

�� (4) Further information as appropriate to fully inform the public of the plan of illumination of the highway. [Amended by 1971 c.514 �4; 1971 c.727 �110]

�� 372.045 County board as district governing board; filing petition; landowners as signatories; transfer of records and files. (1) The county board may be established as the governing board of a district. If the petition for formation filed under ORS 372.040 requests the county board to be the governing board of the district and the district is formed as provided by ORS 198.795 to 198.845, the county board shall act as the district board thereafter.

�� (2) After the formation of a district, the county board shall act as the district board if a petition is filed with the county board requesting that it do so. The petition may be presented by the district board or it may be presented by the landowners in the district. A petition presented by landowners shall be signed by landowners within the district owning not less than 50 percent of the front footage abutting the portion of highway included within the district. A copy of a landowners� petition shall be sent to the district board before it is filed with the county board. When a county board becomes the governing body of a district under this subsection, the district board shall turn over to the county board the books, records, files, assets and obligations of the district and upon the delivery thereof, the county board shall become and thereafter act as the district board. [1971 c.514 �20b; 1987 c.158 �65]

�� 372.050 [Amended by 1971 c.514 �5; repealed by 1971 c.727 �203]

�� 372.060 [Amended by 1971 c.514 �6; repealed by 1971 c.727 �203]

�� 372.070 [Amended by 1971 c.514 �7; repealed by 1971 c.727 �203]

�� 372.080 [Amended by 1971 c.514 �8; repealed by 1971 c.727 �203]

�� 372.090 Inspection and report by county engineer. Upon the filing of the petition for formation, the county board shall, by order, direct the county engineer to:

�� (1) Make an inspection and investigation of the proposed lighting project and of the area described in the petition with respect to feasibility and public convenience and necessity.

�� (2) File a report for the proposed district with the county board on or before a day specified in the order, but not later than the day fixed for the hearing on the petition. [Amended by 1965 c.85 �1; 1971 c.514 �9; 1971 c.727 �111]

�� 372.100 [Amended by 1971 c.514 �10; repealed by 1971 c.727 �203]

�� 372.110 [Amended by 1965 c.85 �2; 1971 c.514 �11; repealed by 1971 c.727 �203]

�� 372.120 [Amended by 1971 c.514 �12; repealed by 1971 c.727 �203]

�� 372.130 [Amended by 1971 c.514 �13; repealed by 1971 c.727 �203]

�� 372.140 General powers of district. A highway lighting district may:

�� (1) Make contracts.

�� (2) Hold, receive and dispose of real and personal property within and without its described boundaries.

�� (3) Do all other acts and things requisite, necessary or convenient in carrying out the objects of the district or exercising the powers expressly conferred upon it by this chapter.

�� (4) Sue and be sued, plead and be impleaded in all actions and suits or other proceedings brought by or against it.

�� (5) Have and exercise within and without its boundaries the same rights and powers as other local governments as defined in ORS 174.116, in purchasing and selling real property and rights of way, to be exercised in the manner authorized.

�� (6) Purchase in the open market or obtain from other public utility corporations, electric energy for lighting purposes and poles, wires, conduits, lighting fixtures and all types of property necessary to enable the district to carry out its purposes.

�� (7) Enter into contracts with any person:

�� (a) For the construction, maintenance and operation, or any of these, of the lighting facilities or any one or more of such services.

�� (b) For the renewal, upkeep and maintenance of the lighting facilities or any part thereof.

�� (c) For the use of any lighting facilities if and when owned by such person.

�� (8) Contract with the state, by and through the Department of Transportation, and its successors in interest, with respect to any phases of the lighting of any highway within the district which is owned by the state or under its control. [Amended by 1971 c.514 �14; 2003 c.802 �110]

�� 372.150 Plans for illumination of state highways; approval by Department of Transportation. (1) The plans and specifications for the illumination of a state highway shall be submitted to and be approved by the Department of Transportation before a district is authorized to acquire the equipment for illumination or to install it on any state highway.

�� (2) A district shall maintain and operate illumination equipment on a state highway in cooperation with and with the approval of the Department of Transportation. [Amended by 1971 c.514 �15]

�� 372.160 [Amended by 1971 c.514 �16; repealed by 1995 c.733 �74]

�� 372.170 Power to assess, levy and collect taxes. (1) The district may assess, levy and collect assessments upon all real property situate within its boundaries and which is by law taxable for state and county purposes in each year, on any reasonable basis of assessment. However, the assessment shall not exceed $1 per each front foot of the property abutting on the highway, or portion thereof, proposed to be or lighted. The proceeds of the assessment shall be applied in carrying out the objects and purposes of the district.

�� (2) The district may also assess, levy and collect a special assessment upon all such property in an amount sufficient to pay the initial construction and installation cost. [Amended by 1965 c.21 �1; 1971 c.514 �17]

�� 372.175 Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 �25]

�� 372.180 Assessment, levy and collection procedure. (1) The district board each year shall estimate assessments needed, and the amount thereof shall be levied and returned to the county officer whose duty it is to extend the tax roll at the time required by law for other taxes to be levied and returned.

�� (2) All assessments levied by the district shall become payable at the same time, be collected by the same officer who collects county taxes and be turned over to the district according to law.

�� (3) The county officer whose duty it is to extend the county levy shall extend the levy of the district in the same manner as city taxes are extended. The district levy is subject to the limits set forth in ORS 310.150.

�� (4) Property shall be subject to sale for the nonpayment of assessments levied by the district in like manner and with like effect as in the case of county and state taxes. [Amended by 1971 c.514 �18; 1991 c.459 �392]

�� 372.190 Exemption of railroad right of way from assessment. Except for railroad right of way that abuts on the highway at a grade crossing, railroad right of way shall not be subject to assessment by a district. [Amended by 1971 c.514 �19]

�� 372.200 District commissioners; qualifications; appointment. (1) The power given to districts, except as otherwise provided by this chapter, is vested in and shall be exercised by a board of five commissioners. Except as provided by ORS 372.210, each commissioner shall be appointed to serve for a term of four years. The order by which the county board proclaims the formation of the district shall appoint five commissioners to serve as the first board of the district.

�� (2) Each commissioner shall be an elector of the district.

�� (3) Notwithstanding subsection (2) of this section, if there are fewer than 10 electors registered in the district, the county board may appoint as commissioner any owner of land within the district who also is an elector of the state as defined in ORS 246.012. [Amended by 1971 c.514 �20; 1983 c.48 �1]

�� 372.210 Organization; terms of commissioners; disqualification; vacancies. (1) Within 10 days after the issuance of the order proclaiming the formation of a district, the commissioners shall meet and organize by each first taking and subscribing an oath of office.

�� (2) After qualifying, the commissioners first appointed shall determine by lot the length of term each shall hold office. The term of one commissioner shall expire the first Monday in January next following the appointment of that commissioner and the terms of the other four shall expire one in one year, one in two years and two in three years after the first Monday in January next following their appointment.

�� (3) Each year during December the county board shall appoint a successor for any commissioner whose term expires the next following January.

�� (4) If a commissioner ceases to be an elector of the district, or if a commissioner who is not an elector of the district and who is appointed to serve under ORS

ORS 377.992

377.992�� Penalties; rules

�� 377.010 [Amended by 1959 c.382 �1; repealed by 1981 c.153 �79]

�� 377.020 [Repealed by 1981 c.153 �79]

TREES

�� 377.030 Destruction or removal of trees on state highways without permission prohibited. No person shall dig up, cut down, injure, destroy or in any manner remove any trees growing upon the right of way of any state highway without first procuring the written consent of the Department of Transportation.

�� 377.040 Application to department to remove trees along state highways. Whenever any person, firm or corporation, including any public, municipal or private corporation and any privately or publicly owned utility or cooperative association, desires to dig up, cut down, injure, destroy or in any manner remove any trees growing upon the right of way of any state highway, such person shall file with the Department of Transportation an application in writing, setting forth the reasons and purpose for the removal or destruction of the trees.

�� 377.050 Consent of department for removal of trees along state highways. (1) Upon the filing of the application mentioned in ORS 377.040 the Department of Transportation may, if in its judgment and discretion the destruction or removal of the trees will not mar or in any way affect the scenic beauty of or otherwise harm, injure or affect the highway, issue a permit authorizing the cutting down, digging up, removal or destruction of the trees under such conditions and in such manner as the department may in such permit designate.

�� (2) Such permits may be granted when it becomes necessary to cut or remove brush and tree growth which otherwise would be hazardous to the operation or maintenance of lines for the transmission of electric energy or communication, or which would impair the efficiency of the service of such lines to the public, but such cutting or removal shall be done in such manner as not substantially to impair the scenic beauty of the highway.

HISTORIC AND SCENIC HIGHWAYS

�� 377.100 Study of highway system; designation of historic and scenic highways. The Oregon Transportation Commission shall conduct a study of the historic, scenic and cultural values of the state highway system. The study required by this subsection is subject to the following:

�� (1) In developing the study the commission shall appoint a volunteer citizen advisory committee to advise the commission on the study.

�� (2) The study shall identify and evaluate areas of the state highway system for their historic, recreational or scenic significance.

�� (3) The study shall designate highways, portions of highways or highway related structures as historic and scenic highways. [1983 c.552 �1; 1985 c.260 �1]

�� 377.105 Effect of designation as historic and scenic highway. When a highway, portion of a highway or highway related structure is designated as an historic and scenic highway under ORS 377.100, the Oregon Transportation Commission and the Department of Transportation:

�� (1) Shall provide for the rehabilitation, restoration, maintenance and preservation of those features of the highway or structure that have historical, engineering, recreational, scenic or tourist related significance, whenever prudent and feasible.

�� (2) May consult with the State Historic Preservation Officer, state historic organizations and other appropriate groups or organizations to determine how to best rehabilitate, restore, maintain and preserve the significant features of the highway or structure.

�� (3) In all highway planning and funding considerations, shall provide for the continuance of the significant features of the highway or structure, whenever prudent and feasible.

�� (4) As the commission determines appropriate, may arrange for and provide for posting of signs, consistent with ORS 377.700 to 377.844, 810.200 and 810.210, to inform the traveling public of the location and significant features of the highway or structure.

�� (5) Shall not dismantle, destroy, abandon, significantly transform or sell the highway or structure or any portion thereof or take any other action that will adversely affect the preservation of the highway or structure as an historic and scenic highway when it is prudent or feasible not to take such action.

�� (6) May provide for bypass highways to divert damaging traffic from use of the highway or structure or provide other means of limiting or diverting use of the highway or structure by damaging traffic.

�� (7) Are directed to seek and may accept and use for the purposes of this section and ORS 377.100 contributions, gifts, grants and moneys from any source, public or private.

�� (8) May hold hearings that have been given appropriate public notification before any significant action is taken relating to a highway, portion of a highway or highway related structure that is so designated.

�� (9) Shall consider aesthetics and environmental effects when the only alternative to rehabilitation or restoration is to replace a portion of a highway or highway related structure so designated. [1983 c.552 �2; 1985 c.16 �461; 1985 c.260 �2]

�� 377.110 [1955 c.541 �1; repealed by 1959 c.309 �22]

�� 377.115 [1959 c.309 �1; 1965 c.219 �1; repealed by 1971 c.770 �31]

�� 377.120 [1955 c.541 �2; repealed by 1959 c.309 �22]

�� 377.125 [1959 c.309 �2; 1963 c.400 �1; 1965 c.219 �2; repealed by 1971 c.770 �31]

�� 377.130 [1955 c.541 �3; repealed by 1959 c.309 �22]

�� 377.135 [1959 c.309 �3; 1965 c.219 �3; repealed by 1971 c.770 �31]

�� 377.140 [1955 c.377 �14; 1959 c.94 �1; repealed by 1959 c.309 �22]

�� 377.145 [1959 c.309 �4; 1965 c.219 �4; repealed by 1971 c.770 �31]

�� 377.150 [1955 c.541 �4; repealed by 1959 c.309 �22]

�� 377.155 [1959 c.309 �5; 1965 c.219 �5; repealed by 1971 c.770 �31]

�� 377.160 [1955 c.541 �5; repealed by 1959 c.309 �22]

�� 377.165 [1959 c.309 �6; repealed by 1971 c.770 �31]

�� 377.170 [1955 c.541 �15; repealed by 1959 c.309 �22]

�� 377.175 [1959 c.309 �7; 1965 c.219 �6; repealed by 1971 c.770 �31]

�� 377.178 [1965 c.219 �13; repealed by 1971 c.770 �31]

�� 377.180 [1955 c.541 �6; repealed by 1959 c.309 �22]

�� 377.181 [1961 c.615 �13; 1965 c.219 �7; repealed by 1971 c.770 �31]

�� 377.185 [1959 c.309 �8; 1961 c.615 �9; 1965 c.219 �8; repealed by 1971 c.770 �31]

�� 377.190 [1955 c.541 �7; repealed by 1959 c.309 �22]

�� 377.195 [1959 c.309 �9; 1961 c.615 �10; 1965 c.219 �9; repealed by 1971 c.770 �31]

�� 377.200 [1955 c.541 �8; repealed by 1959 c.309 �22]

�� 377.205 [1959 c.309 �10; 1961 c.615 �11; repealed by 1965 c.219 �10 (377.206 enacted in lieu of 377.205)]

�� 377.206 [1965 c.219 �11 (enacted in lieu of 377.205); repealed by 1971 c.770 �31]

�� 377.210 [1955 c.541 �9; repealed by 1959 c.309 �22]

�� 377.215 [1959 c.309 �11; 1963 c.400 �2; 1965 c.219 �14; repealed by 1971 c.770 �31]

�� 377.220 [1955 c.541 �10; repealed by 1959 c.309 �22]

�� 377.225 [1959 c.309 �12; 1963 c.400 �3; 1965 c.219 �15; repealed by 1971 c.770 �31]

�� 377.230 [1955 c.541 �11; repealed by 1959 c.309 �22]

�� 377.235 [1959 c.309 �13; 1963 c.400 �4; 1965 c.219 �16; repealed by 1971 c.770 �31]

�� 377.240 [1955 c.541 �12; repealed by 1959 c.309 �22]

�� 377.245 [1959 c.309 �14; 1963 c.400 �5; 1965 c.219 �17; repealed by 1971 c.770 �31]

�� 377.250 [1955 c.541 �16; repealed by 1959 c.309 �22]

�� 377.255 [1959 c.309 �15; 1961 c.615 �14; 1963 c.400 �6; 1965 c.219 �18; repealed by 1971 c.770 �31]

�� 377.260 [1955 c.541 �18; repealed by 1959 c.309 �22]

�� 377.265 [1959 c.309 �16; 1963 c.400 �7; 1965 c.219 �19; repealed by 1971 c.770 �31]

�� 377.270 [1955 c.541 �17; repealed by 1959 c.309 �22]

�� 377.275 [1959 c.309 �17; 1963 c.400 �8; 1965 c.219 �20; repealed by 1971 c.770 �31]

�� 377.280 [1955 c.541 �13; 1957 c.465 �2; repealed by 1959 c.309 �22]

�� 377.285 [1959 c.309 �18; 1961 c.615 �15; 1963 c.400 �9; 1965 c.219 �21; repealed by 1971 c.770 �31]

�� 377.295 [1959 c.309 �19; 1963 c.400 �10; 1965 c.219 �22; repealed by 1971 c.770 �31]

�� 377.305 [1959 c.309 �20; 1963 c.400 �11; repealed by 1971 c.770 �31]

�� 377.310 [Repealed by 1953 c.335 �1]

�� 377.320 [Repealed by 1953 c.335 �1]

�� 377.330 [Repealed by 1953 c.335 �1]

�� 377.340 [Repealed by 1971 c.770 �31]

�� 377.350 [Repealed by 1971 c.770 �31]

�� 377.360 [Amended by 1957 c.663 �3; repealed by 1971 c.770 �31]

�� 377.405 [1961 c.615 �1; 1963 c.400 �12; repealed by 1971 c.770 �31]

�� 377.410 [1961 c.615 �5; 1963 c.400 �13; repealed by 1971 c.770 �31]

�� 377.415 [1961 c.615 ��7,16; repealed by 1971 c.770 �31]

�� 377.420 [1961 c.615 ��2,4; repealed by 1971 c.770 �31]

�� 377.425 [1961 c.615 �8; 1963 c.400 �14; repealed by 1971 c.770 �31]

�� 377.430 [1961 c.615 �6; repealed by 1971 c.770 �31]

SCENIC AREAS

�� 377.505 Definitions for ORS 377.505 to 377.540. As used in ORS 377.505 to 377.540:

�� (1) �State highway� has the meaning given that term in ORS 377.710.

�� (2) �Scenic area� means an area adjacent to or along a segment of a state highway that is within a federal or state park, is a site of historical significance or affords a view of unusual natural beauty, and has been established as a scenic area under the provisions of ORS 377.505 to 377.545 (1975 Replacement Part). [1961 c.614 �1; 1963 c.400 �15; 1965 c.219 �23; 1967 c.590 �13; 1977 c.578 �3; 1979 c.186 �15; 2007 c.199 �21]

�� 377.510 Signs visible from state highways regulated; junkyards prohibited; exceptions. (1) A sign that is visible from a state highway may not be erected or maintained in an area that has been established by final order as a scenic area except:

�� (a) Traffic control signs or devices.

�� (b) Signs other than outdoor advertising signs, as defined in ORS 377.710.

�� (c) Signs approved by the Director of Transportation, or the authorized representative of the director, erected and maintained by a public utility or telecommunications utility for the purpose of giving warning of the location of an underground cable or other installations.

�� (d) Signs identifying incorporated or unincorporated communities, erected in compliance with ORS 377.715 and 377.756 to 377.758, that are designed to complement the scenic quality of the area in which the signs are erected. Signs located in snow zones may be more than eight feet in height to compensate for snow if approved by the director.

�� (2) Unless adequately screened as provided in ORS 377.620 (3)(a) or unless located within a zoned industrial area, no junkyard shall be established which is visible from a state highway where the area immediately adjacent to the state highway has been established by final order as a scenic area. [1961 c.614 �7; 1965 c.219 �24; 1967 c.590 �14; 1987 c.447 �122; 1991 c.287 �1; 1993 c.741 �45; 2007 c.199 �22]

�� 377.515 Removal of nonconforming signs deferred. Any sign lawfully maintained in a scenic area prior to the establishment of the area as a scenic area and not included within the exceptions of ORS 377.510, shall be removed by the owner thereof prior to seven years following the establishment of the area as a scenic area, unless the sign is required to be removed at an earlier date, pursuant to other state laws. [1961 c.614 �8; 1965 c.219 �25; 1967 c.590 �15]

�� 377.520 [1961 c.614 �2; 1963 c.400 �16; 1965 c.219 �26; repealed by 1977 c.578 �5]

�� 377.521 Status of previously designated scenic areas. All scenic areas designated prior to October 4, 1977, shall continue to retain their designation as scenic areas. [1977 c.578 �2]

�� Note: 377.521 was enacted into law by the Legislative Assembly but was not added to ORS 377.505 to 377.540 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 377.525 [1961 c.614 �4; 1963 c.400 �17; 1969 c.314 �30; repealed by 1977 c.578 �5]

�� 377.530 [1961 c.614 �5; 1963 c.400 �18; repealed by 1977 c.578 �5]

�� 377.535 [1961 c.614 �6; 1963 c.400 �19; repealed by 1977 c.578 �5]

�� 377.540 Director of Transportation to enforce orders and render administrative assistance. The Director of Transportation shall take appropriate action for the administration and enforcement of orders issued under the provisions of ORS 377.505 to 377.545 (1975 Replacement Part). [1961 c.614 �10; 1963 c.400 �20; 1977 c.578 �4; 1993 c.741 �46]

�� 377.545 [1961 c.614 �9; repealed by 2001 c.750 �7]

JUNKYARDS

�� 377.605 Definitions for ORS 377.605 to 377.655. As used in ORS 377.605 to 377.655, unless the context requires otherwise:

�� (1) �Department� means the Department of Transportation.

�� (2) �Director� means the Director of Transportation.

�� (3) �Federal-aid primary system� means the federal-aid primary system in existence on June 1, 1991, and any highway that is not on such system but that is on the National Highway System.

�� (4) �Interstate System� means every state highway that is part of the National System of Interstate and Defense Highways established by the department in compliance with section 103(e) of title 23, United States Code.

�� (5) �Junk� means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, wrecked, scrapped or ruined motor vehicles, or motor vehicle parts, iron, steel or other old or scrap ferrous, or nonferrous material, metal or nonmetal materials.

�� (6) �Junkyard� means any establishment or place of business where there is accumulated on the premises eight or more motor vehicles or an equivalent volume of junk that is maintained, operated or used for storing, keeping, buying or selling of junk and the term includes automobile graveyards, garbage dumps and scrap metal processing facilities.

�� (7) �Maintain� means to allow to exist.

�� (8) �Main traveled way� means the through traffic lanes, exclusive of frontage roads, auxiliary lanes and ramps.

�� (9) �State highway� or �state highway system� means the entire width between the boundary lines of every state highway as defined in ORS 366.005, including but not limited to the Interstate System and the federal-aid primary system.

�� (10) �Visible� means capable of being seen without visual aid by a person of normal visual acuity.

�� (11) �Zoned industrial area� is an area adjacent to a state highway or public highway which is zoned for industrial use under authority of state law. [1967 c.590 �3; 1979 c.186 �16; 1979 c.210 �1; 1993 c.741 �47]

�� 377.610 Public policy on junkyards. The Legislative Assembly hereby finds and declares that establishment, maintenance and operation of junkyards along public highways should be controlled in accordance with the provisions of ORS 377.605 to 377.655 in order to protect the public investment in such highways, promote the safety and recreational value of public travel on such highways, preserve natural beauty and aesthetic features of such highways and adjacent areas, and maintain the qualifications of this state for its share of federal-aid highway funds payable under title 23, United States Code, and in furtherance of the purposes previously established under ORS 366.556 to 366.578. [1967 c.590 �2]

�� 377.615 Director�s authority to promulgate regulations, enter into agreements with federal government. (1) The Director of Transportation shall promulgate such regulations as are necessary to carry out the provisions of ORS 377.605 to 377.655. Except where federal law or rules and regulations require otherwise as a condition to receipt of federal granted funds, the rules shall be promulgated pursuant to ORS chapter 183.

�� (2) The director is authorized to enter into any necessary agreements with the United States Government or any officer or agency thereof authorized to make agreements pursuant to title 23, United States Code, relating to the control of junkyards in areas adjacent to the state highway system. [1967 c.590 �4; 1993 c.741 �48]

�� 377.620 Restrictions on maintaining or establishing junkyard along highway. (1) Except as provided in subsection (3) of this section, no junkyard in existence on June 30, 1967, may be maintained after June 30, 1967, within 1,000 feet of the nearest edge of the right of way of:

�� (a) The Interstate System.

�� (b) The federal-aid primary system.

�� (c) Other state highways, unless permitted by the Director of Transportation and subject to rules adopted by the director.

�� (2) Except as provided in subsection (3) of this section, no junkyard shall be established after June 30, 1967, within 1,000 feet of the nearest edge of the right of way of any state highway or which is visible from any state highway, as defined by ORS 377.505, where the area immediately adjacent to the state highway retains designation as a scenic area pursuant to ORS 377.521.

�� (3) Except as provided in ORS 377.510 relating to location of junkyards within or adjacent to designated scenic areas, this section does not prohibit the establishment or maintenance along state highways of the following junkyards:

�� (a) Junkyards that are hidden or adequately screened by the terrain or other natural objects, or by plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the state highway, in accordance with regulations promulgated by the director.

�� (b) Junkyards located in zoned industrial areas.

�� (4) No owner or operator of a junkyard shall place any junk on a state highway right of way. [1967 c.590 �5; 1975 c.262 �1; 1983 c.740 �122; 1993 c.741 �49; 2007 c.199 �24]

�� 377.625 Screening junkyard located in restricted area. (1) Any junkyard which is in existence on June 30, 1967, less than 1,000 feet from the nearest edge of the right-of-way line and visible from the main traveled way of the Interstate System or the federal-aid primary system and is not in a zoned industrial area, may be screened by the Director of Transportation, if economically and otherwise feasible, at locations on the highway rights of way or in areas outside of the rights of way acquired for such purposes by the Department of Transportation.

�� (2) Any junkyard which is in existence on June 30, 1967, less than 1,000 feet from the nearest edge of the right-of-way line and which is visible from the main traveled way of any state highway other than the Interstate System or federal-aid primary system and is not in a zoned industrial area, may be screened by the director when it is financially, economically and otherwise feasible. The screening may be located on the highway rights of way or in areas outside the rights of way acquired for such purposes by the department. [1967 c.590 �6; 1979 c.210 �2; 1993 c.741 �50]

�� 377.630 Removing junkyard from restricted area. (1) Where a junkyard is in existence on June 30, 1967, less than 1,000 feet of the nearest edge of the right-of-way line of the Interstate System or federal-aid primary system, is not in a zoned industrial area, and cannot be effectively screened as provided in ORS 377.625 (1), then the Department of Transportation may secure such interests in land as may be necessary to relocate, remove or dispose of the junkyard and may pay for the cost of relocation, removal or disposal thereof, as set forth in ORS 377.640.

�� (2) Where a junkyard is in existence less than 1,000 feet of the nearest edge of the right-of-way line and visible from the main traveled way of any state highway which becomes a part of the Interstate System or federal-aid primary system and is not in a zoned industrial area, the junkyard may be screened as provided in subsection (1) of this section or may be relocated, removed or disposed of by the department after the portion of the state highway involved becomes a part of the Interstate System or the federal-aid primary system, as provided in subsection (1) of this section.

�� (3) Where a junkyard is in existence on June 30, 1967, less than 1,000 feet of the nearest edge of the right-of-way line of any state highway other than the Interstate System or federal-aid primary system, is not in a zoned industrial area, and cannot be effectively screened as provided in ORS 377.625 (2), then the department may, in its discretion, secure such interests in lands as may be necessary to relocate, remove or dispose of the junkyard. [1967 c.590 �7; 1979 c.210 �3]

�� 377.635 Junkyard in violation of restrictions declared a public nuisance; authority to abate; when junk placed on state highway right of way. (1) Any junkyard which comes into existence after June 30, 1967, and which is in violation of ORS 377.620, is hereby found and declared to be a public nuisance. The Director of Transportation, 30 days after written notice is mailed to the person owning or operating the junkyard, may institute, on behalf of the Department of Transportation any legal proceedings the director considers necessary to prevent the violation of ORS 377.620.

�� (2) Whenever the owner or operator of a junkyard places junk on state highway right of way adjacent to or in the immediate vicinity of the junkyard, the director, 10 days after written notice is mailed to the person owning or operating the junkyard, may remove and store the junk. Junk placed on a highway right of way adjacent to or in the vicinity of a junkyard is prima facie evidence that it has been placed there by the owner or the operator of the junkyard. After 30 days of storage, unless claimed sooner by the owner, the director may sell or otherwise dispose of the junk by sale or otherwise. When removal is performed by the director, the director shall not be liable for conversion of any personal property and the director may collect the director�s cost for removal, storage and sale or disposal from the person owning the junk. [1967 c.590 �8; 1975 c.262 �2; 1979 c.210 �4; 1993 c.741 �51]

�� 377.640 Acquisition of land necessary to screen or relocate junkyards. The Department of Transportation may acquire by purchase, agreement, donation, or the exercise of the power of eminent domain, such lands or interest in lands as may be necessary for the screening or the relocation, removal or disposal of junkyards. In exercising the power of eminent domain the department shall be governed by the provisions of ORS chapter 35. [1967 c.590 �9; 1971 c.741 �36]

�� 377.645 Expenditure of moneys to screen or relocate junkyards prior to availability of federal matching funds. (1) The Department of Transportation may expend moneys appropriated to the department for the purposes of the screening, relocating, removal or disposal of junkyards as provided in ORS 377.625 to 377.640, except that the department may not use moneys that are subject to the provisions of section 3a, Article IX of the Oregon Constitution. Moneys appropriated for the purposes specified in this subsection may be expended by the department unless and until federal-aid matching funds are appropriated and made available to the state for such similar purposes as provided in section 136, title 23, United States Code.

�� (2) All money received by the Director of Transportation under ORS 377.505, 377.510, 377.515 and 377.605 to 377.655 shall be credited to the State Highway Fund. [1967 c.590 ��10,11; 1983 c.338 �924; 1993 c.741 �52; 2001 c.750 �1]

DISPOSAL OF PROPERTY

�� 377.650 Personal property on state highway. Any personal property not coming within the definition of junk, except a vehicle as defined in ORS 801.590 or a manufactured structure as defined in ORS

ORS 382.505

382.505�� Erection and maintenance of bridges by cities

COUNTY BRIDGES

(Generally)

�� 382.005 �County court� defined. As used in this chapter, unless the context requires otherwise, �county court� includes board of county commissioners.

�� 382.105 [Repealed by 2007 c.531 �19]

�� 382.110 [Repealed by 2007 c.531 �19]

�� 382.115 [Repealed by 2007 c.531 �19]

�� 382.120 [Repealed by 2007 c.531 �19]

�� 382.125 [Amended by 1963 c.602 �1; 1981 c.153 �75; repealed by 2007 c.531 �19]

�� 382.205 Using county funds for bridges. If the money provided by ORS 368.705 is expended and an emergency arises demanding immediate action by it, the county court may in its discretion apply any moneys in the county treasury, not otherwise appropriated, toward defraying the expense of building or repairing bridges on any of the county or state roads within the county or over streams forming boundaries between the county and any other county.

�� 382.210 [Amended by 1963 c.602 �2; repealed by 1981 c.153 �79]

�� 382.215 [Repealed by 1981 c.153 �79]

�� 382.220 [Repealed by 1971 c.659 �6]

�� 382.225 [Repealed by 1981 c.153 �79]

�� 382.230 [Repealed by 1981 c.153 �79]

�� 382.235 [Repealed by 1981 c.153 �79]

�� 382.240 [Repealed by 1981 c.153 �79]

�� 382.245 [Repealed by 1981 c.153 �79]

�� 382.250 [Repealed by 1981 c.153 �79]

�� 382.255 [Repealed by 1981 c.153 �79]

�� 382.260 [Repealed by 1981 c.153 �79]

�� 382.265 [Repealed by 1981 c.153 �79]

�� 382.270 [Repealed by 1981 c.153 �79]

�� 382.275 [Repealed by 1981 c.153 �79]

�� 382.280 [Repealed by 1981 c.153 �79]

�� 382.285 [Repealed by 1981 c.153 �79]

(Multnomah County Bridges)

�� 382.305 Operation of bridges across Willamette River by Multnomah County. (1) The Board of County Commissioners of Multnomah County shall operate and maintain all bridges, as defined in subsection (2) of this section, together with the approaches thereof, erected, owned by or leased to the City of Portland or Multnomah County, across the Willamette River within the boundaries of Portland, and the City of Portland shall surrender and deliver possession and control of such bridges, except as provided in ORS 382.310 to 382.330, to the board of county commissioners.

�� (2) As used in ORS 382.305 to 382.330, �bridge� means the bridges and parts thereof.

�� 382.310 Powers of Multnomah County as to Willamette River bridges. (1) The Board of County Commissioners of Multnomah County shall:

�� (a) Maintain, keep in good condition and repair and operate the bridges and their approaches. The lighting of the bridges and their approaches is a part of the duty to maintain and operate such bridges, and the board may enter into contracts for such lighting.

�� (b) Operate, maintain and keep in good condition all parts of the bridges owned by the city or leased by the city or by the board of county commissioners.

�� (2) The Board of County Commissioners of Multnomah County shall, at the cost and expense of the county:

�� (a) Employ, hire and discharge, from time to time, agents, workers, laborers and servants, as it deems necessary in the conduct, maintenance, repair and operation of the bridges and their approaches.

�� (b) Make needful rules and regulations for the operation and maintenance of the bridges, but such rules and regulations shall be subject to the exercise by the City of Portland of such police power and authority as the city has under its charter with respect to the bridges owned by the city.

�� (3) The Board of County Commissioners of Multnomah County may enter into agreements or leases for the use by the public, for highway purposes and for the operation of street cars, of the upper highway deck of the bridges constructed across the Willamette River in Portland, by persons or corporations other than the City of Portland.

�� (4) The Board of County Commissioners of Multnomah County may establish and collect tolls for the use of any bridge across the Willamette River that is:

�� (a) Under the board�s jurisdiction as a road authority pursuant to ORS 810.010; or

�� (b) Operated and maintained by Multnomah County as required under this section and ORS 382.305. [Amended by 2005 c.22 �263; 2009 c.385 �1]

�� 382.312 [1975 c.436 �4; repealed by 1993 c.741 �147]

�� 382.315 Agreements with public service corporations for use of Willamette River bridges. If the Board of County Commissioners of Multnomah County makes an agreement or lease for the use of the upper deck of any bridge constructed across the Willamette River within Portland and if any public service corporation operating a street car line within Portland desires to maintain and operate its street cars over the upper deck of the bridge so leased, the board of county commissioners may agree with the public service corporation upon the terms and compensation for such use. If they are unable to agree, the amount of compensation to be paid by the public service corporation shall be the same as may at such time be fixed or charged by the City of Portland for the use of other bridges across the Willamette River by public service corporations.

�� 382.320 [Repealed by 1969 c.429 �6]

�� 382.325 Powers of Portland as to Willamette River bridges. The City of Portland, Oregon, may:

�� (1) Regulate traffic upon and across the bridges and their approaches constructed by the City of Portland.

�� (2) Lay and maintain upon the bridges and their respective approaches constructed by the City of Portland all rails and tracks necessary, desirable or convenient for the operation of street cars.

�� (3) Provide for the use of the bridges and their approaches constructed by the City of Portland and rails and tracks by street cars propelled by electrical and other motive power, and the carrying of passengers on street cars.

�� (4) Make contracts with and grant rights, privileges and franchises to any persons, firms or corporations for the use of the bridges and their approaches under the City of Portland�s jurisdiction as a road authority pursuant to ORS 810.010, and rails and tracks by cars, street cars and trains, the carrying of passengers and for charging and collecting fares and tolls under such rights, privileges and franchises.

�� (5) Contract for, agree upon and charge and collect rents and other compensation for the use of bridges under the City of Portland�s jurisdiction as a road authority pursuant to ORS 810.010 by cars, street cars and trains.

�� (6) Exercise all other power and authority over the bridges and their approaches not expressly conferred by ORS 382.305 to 382.330 on Multnomah County. [Amended by 2009 c.385 �2]

�� 382.330 Operation of Adams Street-Glisan Street bridge in Portland. (1) The Board of County Commissioners of Multnomah County shall operate, maintain and repair the bridge existing on February 25, 1913, across the Willamette River from Adams Street on the east side of the river to Glisan Street on the west side of the river, in Portland, subject to the terms and provisions of the lease executed by the Oregon-Washington Railroad and Navigation Company, party of the first part, and the City of Portland, party of the second part, dated October 9, 1912, and filed with the city auditor on October 19, 1912.

�� (2) The board of county commissioners may, from time to time, enter into leases or agreements with the owners of such bridge for the use of the upper deck and its approaches for highway purposes by the public and the operation of street cars thereon.

�� (3) In the event that no public service corporation makes any contract or agreement with the City of Portland for the operation of its street cars over the upper deck of such bridge or its approaches prior to February 25, 1913, the compensation to be paid by the public service corporation shall be fixed by and paid to the City of Portland, subject to the lease mentioned in subsection (1) of this section.

�� 382.335 Definitions for ORS 382.335 to 382.425. As used in ORS 382.335 to 382.425:

�� (1) �Board of county commissioners� means the Board of County Commissioners of Multnomah County and includes the constituted authorities of Multnomah County having control of road construction, maintenance and operation.

�� (2) �Construct� includes repair, maintain, improve or other words of similar meaning.

�� (3) �Construction� includes repair, maintenance, improvement, reconstruction or other words of similar meaning.

�� 382.340 Bridges over Willamette River and Slough as permanent roads. Bridges over the Willamette River in Portland, Oregon, and the Willamette Slough within Multnomah County are permanent roads and include approaches and viaducts leading thereto.

�� 382.345 Multnomah County constructing and financing Willamette River bridges. Multnomah County may borrow money for the purpose of constructing and reconstructing bridges across the Willamette River in Portland, Oregon, and Willamette Slough within Multnomah County and issue bonds to evidence such indebtedness.

�� 382.350 Petition and order for bond election; debt limitation. Whenever a petition therefor, signed by not less than 10 percent of the electors of Multnomah County and stating the amount of the proposed bond issue is filed with the county clerk, the board of county commissioners shall, subject to ORS 382.355 and 382.360, order an election to determine whether or not the county shall issue bonds for the construction of the bridge mentioned in ORS 382.345. However, if the county debt for the construction of permanent roads already incurred or authorized, together with the new debt sought to be created by the petition, exceeds six percent of the assessed valuation of all the property in the county, then the board of county commissioners shall disregard the petition.

�� 382.355 Filing and presentation of petition; order of board of county commissioners. (1) The petition mentioned in ORS

ORS 390.314

390.314, unless a different use is authorized by the department. Title to the lands or interest therein so acquired shall be held by the unit of local government acquiring the same. Such lands or interest therein and such historical sites, structures, facilities and objects preserved and restored shall never be disposed of or sold except upon the approval and consent of the department. [1967 c.551 �6; 1973 c.87 �3; 1973 c.558 �13; 1989 c.904 �22]

�� 390.364 Taxation of lands subject to scenic easements. For ad valorem tax purposes, land that is subject to a scenic easement acquired under ORS 390.332 or a scenic or public easement acquired under ORS 390.334 shall be valued at its real market value, less any reduction in value caused by the easement, and assessed in accordance with ORS 308.232. The easements shall be exempt from assessment and taxation as any land owned by the state is so exempt. [1973 c.558 �7; 1981 c.804 �98; 1991 c.459 �393]

�� 390.368 Authority to contract landscaping and repair of damage to lands subject to scenic easement. In carrying out the purposes of ORS 390.310 to 390.368 the State Parks and Recreation Department may enter into contracts with any agency of the United States, this state or a political subdivision thereof, or with any private person, agency or corporation to perform natural vegetative landscaping or to perform work to restore damage resulting from natural causes to vegetation on any land subject to a scenic easement within the boundaries of the Willamette River Greenway in accordance with the terms of the scenic easement acquired on such land. [1973 c.558 �9]

ELECTRIC VEHICLES

�� 390.400 Public electric vehicle charging stations. (1) The State Parks and Recreation Department shall allow for the installation and service of public electric vehicle charging stations in parking spaces that are part of the facilities of the system of state parks, including parks, park facilities, ocean shores, scenic waterways, trails and historic sites throughout the State of Oregon.

�� (2) The department shall implement subsection (1) of this section in a manner that:

�� (a) Is consistent with the goals set forth in ORS 283.398; and

�� (b) Takes into consideration:

�� (A) The recommendations in the report required by ORS 283.401;

�� (B) The availability of infrastructure to deliver electricity to electric vehicle charging stations in the parking spaces described in subsection (1) of this section; and

�� (C) Opportunities to contract with third-party entities. [2021 c.23 �1]

�� Note: 390.400 and 390.405 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 390.405 Parks and Recreation Transportation Electrification Fund. (1) The Parks and Recreation Transportation Electrification Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Parks and Recreation Transportation Electrification Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Parks and Recreation Department to carry out ORS 390.400.

�� (2) The department may seek out and receive gifts, grants, contributions, bequests or other donations of any kind from any public or private source for use in carrying out the purposes of ORS 390.400. Moneys received under this subsection shall be deposited in the Parks and Recreation Transportation Electrification Fund. [2021 c.23 �2]

�� Note: See note under 390.400.

�� 390.410 [Formerly 358.610; repealed by 1987 c.14 �12]

�� 390.415 [1977 c.482 �2; repealed by 1987 c.14 �12]

�� 390.420 [Formerly 358.615; 1969 c.314 �31; 1977 c.482 �4; repealed by 1987 c.14 �12]

�� 390.430 [Formerly 358.620; 1977 c.482 �5; repealed by 1987 c.14 �12]

�� 390.440 [Formerly 358.625; repealed by 1977 c.482 �6]

�� 390.450 [Formerly 358.630; repealed by 1987 c.14 �12]

�� 390.460 [1977 c.482 �3; repealed by 1987 c.14 �12]

�� 390.500 [1987 c.14 �1; renumbered 196.150 in 1989]

�� 390.505 [1987 c.14 �2; renumbered 196.155 in 1989]

�� 390.510 [1987 c.14 ��3,4; 1989 c.171 �47; renumbered 196.160 in 1989]

�� 390.515 [1987 c.14 �5; renumbered in

ORS 390.835

390.835 pertaining to the issuance of a water right within or above a scenic waterway. [1993 c.99 �3; 1995 c.719 �2]

�� 536.029 [1985 c.673 �11; 1989 c.980 �14c; renumbered 536.026 in 1999]

�� 536.030 [Repealed by 1975 c.581 �29]

�� 536.031 Applicability of rules to completed application for permit. (1) Except as provided in subsection (2) of this section, the Water Resources Department may apply only those rules of the department that are in effect as of the date that a completed application is made for a permit in deciding whether to approve, deny or impose conditions on the permit.

�� (2) This section does not affect the application of any rule of the department that:

�� (a) Is required by federal law;

�� (b) Is required by any agreement between the state and a federal agency;

�� (c) The applicant voluntarily agrees to make applicable to the application; or

�� (d) Is necessary to protect public health and safety. [1999 c.301 �2]

WATER RESOURCES DEPARTMENT

�� 536.032 Water Resources Director; term; qualifications. Subject to confirmation by the Senate in the manner provided in section 4, Article III, Oregon Constitution, the Governor shall appoint a Water Resources Director. The director shall be an individual qualified by training and experience and shall serve for a term of four years at the pleasure of the Governor. The director or a principal assistant must be a registered engineer experienced in water-related engineering. [1975 c.581 �18; 1985 c.673 �7; 2009 c.259 �28]

�� 536.035 [1955 c.513 �1; repealed by 1975 c.581 �29]

�� 536.037 Functions of director. (1) Subject to policy direction by the Water Resources Commission, the Water Resources Director shall:

�� (a) Be administrative head of the Water Resources Department;

�� (b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department;

�� (c) Administer and enforce the laws of the state concerning the water resources of this state;

�� (d) Be authorized to participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the citizens of Oregon concerning the water resources of this state;

�� (e) Have power to enter upon any private property in the performance of the duties of the director, doing no unnecessary injury to the private property; and

�� (f) Coordinate any activities of the department related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.932 with activities of other cooperating state and federal agencies participating in the project.

�� (2) In addition to duties otherwise required by law, the director shall prescribe internal policies and procedures for the government of the department, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

�� (3) The director may delegate to any employee of the department the exercise or discharge in the director�s name of any power, duty or function of whatever character, vested in or imposed by law upon the director. The official act of a person so acting in the director�s name and by the director�s authority shall be considered to be an official act of the director. [1985 c.673 �8; 1987 c.734 �14]

�� 536.039 Water Resources Department. There is hereby established in the executive-administrative branch of the government of the state under the Water Resources Commission a department to be known as the Water Resources Department. The department shall consist of the director of the department and all personnel employed in the department including but not limited to all watermasters appointed under ORS 540.020. [1985 c.673 ��6,203]

�� 536.040 Public records; copies as evidence. (1) The records of the Water Resources Department are public records and shall remain on file in the department and be open to the inspection of the public at all times during business hours. The records shall show in full all maps, profiles, and engineering data relating to the use of water, and certified copies thereof shall be admissible as evidence in all cases where the original would be admissible as evidence.

�� (2) Whenever a record is required to be filed or maintained in the Water Resources Department, the record may be handwritten, typewritten, printed or a photostated or photographic copy and any means of recording the information is acceptable, including but not limited to papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other preservation of the document or the information contained in the document.

�� (3) Notwithstanding any provision of subsection (2) of this section, the Water Resources Department shall maintain a paper copy of each final water use permit, certificate, order of the Water Resources Commission or Water Resources Director, decree or certificate of registration. The copies shall be retained in a secure location in the department. [Amended by 1975 c.581 �20; 1991 c.102 �1]

�� 536.045 Sending or receipt of documents in electronic form; rules; fees; cost of publication. (1) Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that requires the mailing of a document, the submission of a document in written form or the provision of a certified copy of a document, the Water Resources Commission may adopt rules:

�� (a) Allowing the submission of one or more types of document to the commission or the Water Resources Department by electronic means in lieu of submission by mailing or submission in written form;

�� (b) Allowing the department or commission to send one or more types of document in electronic form in lieu of mailing or other sending of the document in written form, unless the recipient has requested mailing or other sending of the document in written form; or

�� (c) Identifying acceptable means for verifying the authenticity of a document sent by electronic means in lieu of the provision of a certified copy of the document.

�� (2) Notwithstanding subsection (1) of this section, the department or commission may not use electronic means in lieu of service under ORCP 7 or notice under ORS 183.413 or 183.415.

�� (3) For purposes of determining timeliness or calculating deadlines, a document sent by electronic means in accordance with law or commission rules is considered to be delivered when sent.

�� (4) Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that specifies a fee amount, the department may reduce or waive the fee for a document that the department sends or receives by electronic means.

�� (5) To satisfy a requirement to provide public notice, the department may publish notice in a newspaper of general circulation. The cost of the publication shall be paid by the applicant in advance to the department. [2011 c.51 �1; 2025 c.282 �2]

�� Note: The amendments to 536.045 by section 2, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user�s convenience.

�� 536.045. (1) Notwithstanding any provision of ORS chapters 536 to 540, 543 or 543A that requires the mailing of a document, the submission of a document in written form or the provision of a certified copy of a document, the Water Resources Department may adopt rules:

�� (a) Allowing the submission of one or more types of document to the department by electronic means in lieu of submission by mailing or submission in written form;

�� (b) Allowing the department, with the consent of the recipient, to send one or more types of document in electronic form in lieu of mailing or other sending of the document in written form; or

�� (c) Identifying acceptable means for verifying the authenticity of a document sent by electronic means in lieu of the provision of a certified copy of the document.

�� (2) The department may not adopt rules to require the submission of documents to the department by electronic means. The department may not require a recipient to consent to the receipt of documents from the department by electronic means. The department may not use electronic means in lieu of service under ORCP 7 or notice under ORS 183.413 or 183.415.

�� (3) For purposes of determining timeliness or calculating deadlines, a document sent by electronic means in accordance with department rules is considered to be delivered when sent.

�� 536.050 Fees; rules; refunds; waiver and reduction of certain fees. (1) The Water Resources Department may collect the following fees in advance:

�� (a) For examining an application for a permit:

�� (A) To appropriate water, except as provided under ORS 543.280 for an application for a hydroelectric project:

�� (i) A base fee of $1,635 for an appropriation of water through a single use, point of diversion or point of appropriation;

�� (ii) $615 for the first second-foot or fraction thereof appropriated under the permit;

�� (iii) $615 for each additional second-foot or fraction thereof appropriated under the permit;

�� (iv) $615 for each additional use, point of diversion or point of appropriation included in the application;

�� (v) If appropriating stored water, $62 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $2.10 for each additional acre-foot or fraction thereof; and

�� (vi) If appropriating ground water, in addition to any other fees, $720 for each application filed.

�� (B) To store water under ORS 537.400 or 537.534 (4):

�� (i) A base fee of $1,635;

�� (ii) $62 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $2.10 for each additional acre-foot or fraction thereof; and

�� (iii) $240 for each additional storage location.

�� (C) To exclusively appropriate stored water:

�� (i) A base fee of $915; and

�� (ii) $62 for the first acre-foot or fraction thereof up to 20 acre-feet, plus $2.10 for each additional acre-foot or fraction thereof up to 600 acre-feet plus $1.00 for each additional acre-foot or fraction thereof after 600 acre-feet.

�� (b) For a permit issued under ORS 537.147, 537.211, 537.409 or 537.625 to appropriate or store water:

�� (A) A base fee of $915 for recording the permit; and

�� (B) An additional fee of $1,185 if the permit is issued pursuant to a final order that contains provisions requested by the applicant for mitigating impacts to the proposed water source.

�� (c) For filing and recording the assignment or partial assignment of a water right application, permit or license under ORS 537.220 or 537.635, $180.

�� (d) For copying records in the department, $4.10 for the first page and $1.10 for each additional page.

�� (e) For certifying copies, documents, records or maps, $21 for each certificate.

�� (f) For a blueprint copy of any map or drawing, the actual cost of the work.

�� (g) For a computer-generated map, the actual cost of the work.

�� (h) For examining an application for approval of a change to an existing water right or permit:

�� (A) A base fee of $2,040 for a change to a single water right or permit;

�� (B) $1,635 for each additional type of change requested;

�� (C) For a request for a change in place of use or type of use or for a water exchange under ORS

ORS 391.120

391.120.

�� (2) The annual amounts required to be transferred to the Regional Light Rail Extension Construction Fund under subsection (1) of this section, together with all investment earnings on the amounts on deposit from time to time in the Regional Light Rail Extension Construction Fund, are continuously appropriated only for the purposes of:

�� (a) Funding the Westside corridor extension of light rail referred to in ORS 391.120; and

�� (b) Paying the principal and interest on revenue bonds issued under ORS 391.140.

�� (3) Except as provided in subsection (4) of this section, and notwithstanding any other provision of law, the annual allocation made by this section shall be satisfied and credited as and when net proceeds from the operation of the state lottery are received and before any other allocation, appropriation or disbursement of the net proceeds from the operation of the state lottery is made in the applicable fiscal year.

�� (4) For purposes of this section, net proceeds from the operation of the state lottery in each fiscal year include all revenues derived from the operation of the state lottery in each fiscal year less:

�� (a) The revenues used in that fiscal year for the payment of prizes and the expenses of the state lottery as provided in Article XV, section 4 (4)(d), of the Oregon Constitution, ORS 461.500 and 461.510 (3) and (4); and

�� (b) The revenues required to be applied, distributed or allocated as provided in ORS 461.543.

�� (5) The transfer of moneys to the Regional Light Rail Extension Construction Fund authorized by this section shall cease when the Director of Transportation certifies in writing that transfers of moneys under this section are no longer necessary because:

�� (a) Moneys in the Regional Light Rail Extension Construction Fund are sufficient for the payment of all amounts committed to be paid under all written agreements or commitments entered into between the Director of Transportation and the Tri-County Metropolitan Transportation District pursuant to ORS 391.120 with respect to the Westside corridor extension of light rail referred to in ORS 391.120 (2)(a), and to pay all amounts of principal of and interest on the outstanding revenue bonds issued under ORS 391.140; and

�� (b) The Westside corridor extension of light rail referred to in ORS 391.120 (2)(a) has been completed and such project has been accepted by the Department of Transportation, and all claims, suits and actions arising out of such project that could create a liability payable out of the moneys in the Regional Light Rail Extension Construction Fund have been resolved.

�� (6) The Director of Transportation shall deliver a copy of such certification to the Governor and the State Treasurer. Upon receipt of the director�s written certification that transfer of moneys to the Regional Light Rail Extension Construction Fund under this section is no longer necessary, the State Treasurer shall thereafter credit moneys received by the Regional Light Rail Extension Construction Fund under this section to the Administrative Services Economic Development Fund created by ORS 461.540. [1991 c.575 �2; 1993 c.18 �92; 1997 c.249 �124; 2014 c.56 �2]

�� 391.140 Revenue bonds for specified light rail project; amount; purpose; issuance by State Treasurer; pledge of revenues. (1) In accordance with ORS chapter 286A, the State Treasurer, at the request of the Director of Transportation, shall issue revenue bonds from time to time in an aggregate amount not to exceed:

�� (a) The principal sum of $115 million;

�� (b) The costs incurred in connection with the issuance of the bonds and other administrative expenses of the State Treasurer in connection with the issuance of the bonds; and

�� (c) The amount of any reserves determined to be necessary or advantageous in connection with the revenue bonds.

�� (2) The Director of Transportation shall submit to the State Treasurer from time to time written requests to issue the revenue bonds in amounts sufficient to provide in a timely fashion the moneys required to fund the obligations of the Department of Transportation under any written agreements or commitments entered into under ORS 391.120 (2) for the purpose of financing the state share of the costs of the Westside corridor light rail project identified in ORS 391.120 (2)(a).

�� (3) Moneys received from the issuance of revenue bonds, including any investment earnings thereon, may be expended only for the purpose of financing the costs of development, acquisition and construction of the Westside corridor light rail project identified in ORS 391.120 (2)(a), and to pay the costs of issuing the bonds and other administrative expenses of the State Treasurer in carrying out the provisions of ORS 391.120 and this section, including the funding of any reserves determined to be necessary or advantageous in connection with the revenue bonds.

�� (4) Notwithstanding ORS 286A.100, 286A.102 and 286A.120 or any other provision of law, revenue bonds issued under this section, regardless of whether issued in one or more issues, shall be secured equally and ratably by the pledge of moneys described in this subsection and ORS 391.130. The bonds shall be secured by a pledge of, and a lien on, and shall be secured and payable only from, moneys on deposit from time to time in the Regional Light Rail Extension Construction Fund established by ORS 391.120. The revenue bonds shall not be a general obligation of this state, and shall not be secured by or payable from any funds or assets of this state other than the moneys on deposit from time to time in the Regional Light Rail Extension Construction Fund.

�� (5) The moneys in the Regional Light Rail Extension Bond Account shall be used and applied by the Director of Transportation to pay when due the principal of and interest on any revenue bonds issued under this section.

�� (6) The interest on all revenue bonds issued under this section and on any refunding bonds issued pursuant to ORS chapter 286A is exempt from personal income taxation imposed by this state under ORS chapter 316.

�� (7) The proceeds derived from the issuance and sale of the revenue bonds, including any proceeds required to fund any reserves determined to be necessary or advantageous in connection with the revenue bonds, shall be deposited in a special, segregated subaccount of the Regional Light Rail Extension Construction Fund. The moneys on deposit from time to time in the subaccount, including any investment earnings thereon, shall be disbursed as needed for the purposes described in subsection (3) of this section upon the written request of the Director of Transportation. [1991 c.575 �4; 2007 c.783 �179]

�� 391.150 Joint management of specified light rail project; contracting procedures. (1) The Department of Transportation and the Tri-County Metropolitan Transportation District shall jointly manage the construction phases of the Westside corridor light rail project. The final project management plans of the managing agencies shall provide that the district shall manage and oversee construction of the light rail right of way and facilities and that the department shall manage and oversee the construction of highway improvements related to the extension of the light rail system. The department and the district shall describe in a memorandum of understanding or grant agreement the functions and responsibilities assigned to each of the managing agencies and shall establish an organizational and management system for the project under which significant actions during the construction phase occur only with the knowledge of both of the managing agencies.

�� (2) Subject to ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C and any applicable prohibitions against preferences in contracts related to the construction phase of the Westside corridor light rail project, the managing agencies shall develop procedures that afford qualified businesses in Oregon the opportunity to compete for project contracts to the maximum extent feasible and consistent with federal laws and regulations governing Federal Transit Administration grants.

�� (3) The managing agencies shall seek the cooperation and assistance of contracting and construction associations in this state when establishing the contracting procedures for the Westside corridor light rail project. The managing agencies shall also establish and implement programs to provide contracting and construction businesses with information relating to the project.

�� (4) The managing agencies, to the maximum extent feasible, shall encourage disadvantaged business enterprises to bid for contracts and to otherwise participate in the Westside corridor light rail project. [1991 c.575 �5; 1993 c.741 �65; 2003 c.794 �271]

�� 391.160 [1995 s.s. c.3 �1; repealed by 1997 c.800 �23]

�� 391.165 [1995 s.s. c.3 �2; 1997 c.249 �125; repealed by 1997 c.800 �23]

�� 391.170 [1995 s.s. c.3 �3; repealed by 1997 c.800 �23]

�� 391.175 [1995 s.s. c.3 �8; repealed by 1997 c.800 �23]

�� 391.180 [1995 s.s. c.3 �6; repealed by 1997 c.800 �23]

�� 391.185 [1995 s.s. c.3 �4; repealed by 1997 c.800 �23]

�� 391.190 [1995 s.s. c.3 �5; repealed by 1997 c.800 �23]

�� 391.195 [1995 s.s. c.3 �13; repealed by 1997 c.800 �23]

�� 391.200 [1995 s.s. c.3 �7; repealed by 1997 c.800 �23]

�� 391.205 [1995 s.s. c.3 �9; repealed by 1997 c.800 �23]

�� 391.210 [1995 s.s. c.3 �11; repealed by 1997 c.800 �23]

�� 391.215 [1995 s.s. c.3 �11a; repealed by 1997 c.800 �23]

�� 391.220 [1995 s.s. c.3 �12; repealed by 1997 c.800 �23]

�� 391.225 [1995 s.s. c.3 �14; repealed by 1997 c.800 �23]

�� 391.230 [1995 s.s. c.3 �15; repealed by 1997 c.800 �23]

�� 391.235 [1995 s.s. c.3 �16b; repealed by 1997 c.800 �23]

�� 391.300 [1995 s.s. c.3 �32; repealed by 1996 c.13 �4]

COLUMBIA RIVER LIGHT RAIL TRANSIT COMPACT

�� 391.301 Ratification of compact. The Legislative Assembly of the State of Oregon hereby adopts and ratifies the Columbia River Light Rail Transit Compact set forth in ORS 391.306, and the provisions of the compact are hereby declared to be the law of this state upon such compact becoming effective as provided in Article XXII of the compact. [1996 c.13 �1]

�� 391.305 [1995 s.s. c.3 �33; repealed by 1996 c.13 �4]

�� 391.306 Columbia River Light Rail Transit Compact. The provisions of the Columbia River Light Rail Transit Compact are as follows:

ARTICLE I

Columbia River Light Rail

Transit Authority Established

�� The States of Oregon and Washington establish by way of this interstate compact an independent, separate regional authority, which is an instrumentality of both of the signatory parties hereto, known as Columbia River Light Rail Transit Authority (hereinafter referred to as the �Authority�). The Authority shall be a body corporate and politic, and shall have only those powers and duties granted by this compact and such additional powers as may hereafter be conferred upon the Authority by the acts of both signatories.

ARTICLE II

Definitions

�� As used in this compact, the following words and terms shall have the following meanings, unless the context clearly requires a different meaning:

�� (1) �C-TRAN� means the Clark County Public Transportation Benefit Authority based in Clark County, Washington, or any successor agency or authority.

�� (2) �Major feeder system� means all bus or other transit services provided by C-TRAN or Tri-Met that are or are planned to be connected with the South North light rail transit line, to accommodate the transfer of passengers to or from the light rail line and to transport light rail passengers between the light rail station and their trip origin or trip destination.

�� (3) �Signatory� or �signatory state� means the State of Oregon or the State of Washington.

�� (4) �South North light rail transit line� means the light rail line directly connecting portions of Clackamas County, Oregon, Portland, Oregon and Clark County, Washington as may be extended from time to time, including any segment thereof, and also including, without limitation, all light rail vehicles, rights-of-way, trackage, electrification, stations, park-and-ride facilities, maintenance facilities, tunnels, bridges and equipment, fixtures, buildings and structures incidental to or required in connection with the performance of light rail service between portions of Clackamas County, Oregon, Portland, Oregon and Clark County, Washington. The South North light rail transit line shall include a system that comprises any future light rail lines and transit facilities that cross the jurisdictional lines of the signatory states.

�� (5) �Transit facilities� means all real and personal property necessary or useful in rendering transit service by means of rail, bus, water and any other mode of travel including, without limitation, tracks, rights of way, bridges, tunnels, subways, rolling stock for rail, motor vehicles, stations, terminals, areas for parking and all equipment, fixtures, buildings and structures and services incidental to or required in connection with the performance of transit service.

�� (6) �Transit service� means the transportation of persons and their packages and baggage by C-TRAN, Tri-Met or the Authority by means of transit facilities.

�� (7) �Tri-Met� means the Tri-County Metropolitan Transportation District based in Portland, Oregon, or any successor agency or authority.

ARTICLE III

Purpose and Functions

�� The purpose of the Authority is:

�� (1) To generally cause the South North light rail transit line to be designed, engineered, financed, constructed and developed consistently with the applicable regional transportation and land use plans and the locally preferred alternative selected pursuant to regulations of the Federal Transit Administration or the regulations of any successor federal agency or authority;

�� (2) To facilitate the operation and maintenance of the South North light rail transit line;

�� (3) To coordinate C-TRAN and Tri-Met activities to implement and operate the major feeder system that serves the South North light rail transit line;

�� (4) To coordinate C-TRAN and Tri-Met activities to implement and operate buses or other transit facilities that serve bi-state trips; and

�� (5) To serve only such other regional transit purposes and to perform such other regional transit functions as the signatories may authorize.

ARTICLE IV

Powers

�� The Authority has the power to:

�� (1) Sue and be sued, plead and be impleaded in all actions, suits or proceedings, brought by or against it.

�� (2) Adopt suitable rules and regulations not inconsistent with this compact, the Constitution and laws of the United States or the constitutions and laws of the signatories. The Authority may adopt rules and regulations that:

�� (a) Govern its activities;

�� (b) Add specificity to its powers and duties;

�� (c) Interpret legislation that is applicable to the Authority; and

�� (d) Resolve inconsistencies resulting from the application of the laws and regulations of both signatories.

�� (3) Acquire, maintain, control, and convey easements, licenses, and other limited property rights for the purpose of constructing the South North light rail transit line. However, the Authority shall not have the power to own real property.

�� (4) Receive and accept federal, state, regional or local payments, appropriations, grants, gifts, loans, advances, credit enhancements, credit guarantees and other funds, properties and services as may be transferred or made available to the Authority by either signatory, any political subdivision or agency thereof, by the United States, or by any agency thereof, or by any other public or private corporation or individual. Any funds received by the Authority from any source may be commingled and expended to carry out the purposes and functions of the Authority without regard to any law of the signatories that requires expenditure of appropriated funds within the fiscal period for which the appropriation is made.

�� (5) Disburse funds for its lawful activities and to make grants or loans to C-TRAN or Tri-Met.

�� (6) Enter into agreements with:

�� (a) C-TRAN or Tri-Met to provide planning, engineering, design, administration, construction management or other services needed for the development of the South North light rail transit line;

�� (b) C-TRAN, Tri-Met or, except with regard to matters specified in paragraph (a) of this subsection, private entities for the construction of the South North light rail transit line;

�� (c) C-TRAN, Tri-Met or, except with regard to matters specified in paragraph (a) of this subsection, private entities for the construction of bridges over or tunnels under navigable streams and bodies of water to be owned individually or jointly by the States of Oregon and Washington;

�� (d) C-TRAN or Tri-Met for the management, operation, and maintenance of the South North light rail transit line;

�� (e) C-TRAN or Tri-Met providing for acquisition by C-TRAN, Tri-Met or other public entities of the property rights needed for the South North light rail transit line and related activities;

�� (f) C-TRAN, Tri-Met or private entities to purchase, lease or otherwise acquire the materials, equipment and vehicles needed for the construction and implementation of the South North light rail transit line; and

�� (g) C-TRAN or Tri-Met to implement the decisions of the Authority.

�� (7) Delegate any of its powers and duties to any political subdivision or governmental agency.

�� (8) Resolve any disputes between C-TRAN and Tri-Met over the operation of the South North light rail transit line or the major feeder system. However, the Authority shall not have the power to require from C-TRAN and Tri-Met capital improvements to the South North light rail transit line or the major feeder system.

�� (9) To the extent allowed by law, encourage, assist and facilitate public and private development along the South North light rail transit line.

�� (10) Perform all other necessary and incidental functions.

�� (11) Exercise such additional powers as shall be conferred on it by Act of the federal Congress or jointly by the signatories.

ARTICLE V

Board Membership

�� The Authority shall be governed by a board of six directors consisting of three members of the C-TRAN governing body and three members of the Tri-Met governing body. Directors representing C-TRAN and Tri-Met shall be appointed by their respective governing bodies.

ARTICLE VI

Terms of Office

�� Board members shall serve terms of four years, unless terminated earlier by the governing body of the appointing transit agency.

ARTICLE VII

Compensation of Directors

�� The directors shall serve without compensation. The directors may be reimbursed for the necessary expenses incurred in the performance of their duties pursuant to adopted policies of the transit agency that appointed them.

ARTICLE VIII

Organization and Procedure

�� The board of directors of the Authority shall by rule provide for its own organization and procedure. It shall biennially elect a chairperson from among its directors who shall serve a term of two years subject to earlier removal by a vote of four directors. Meetings of the board shall be held as frequently as the board deems that the proper performance of its duties requires, and the board shall keep minutes of its meetings. The board shall adopt rules and regulations governing its meetings, minutes and transactions.

ARTICLE IX

Staff

�� The Authority shall not have the power to hire administrative staff. Administrative staff support shall be provided by C-TRAN and Tri-Met by intergovernmental agreement.

ARTICLE X

Quorum and Actions by the Board

�� Four directors shall constitute a quorum. No action by the board shall be effective unless there is an affirmative vote of a majority of those present.

ARTICLE XI

Conflicts of Interest

�� (1) No director shall:

�� (a) Be financially interested, either directly or indirectly, in any contract, sale, purchase, lease or transfer of real or personal property to which the board of directors of the Authority is party;

�� (b) In connection with services performed within the scope of official duties, solicit or accept money or any other thing of value in addition to the expenses paid to the director by the Authority; or

�� (c) Offer money or any other thing of value for or in consideration of obtaining an appointment, promotion or privilege in employment with the Authority.

�� (2) Any director who willfully violates any provision of this section shall, in the discretion of the board, forfeit the office of the director. Any contract or agreement made in contravention of this section may be declared void by the board. Nothing in this section shall be considered to abrogate or limit the applicability of any federal or state law that may be violated by any action proscribed by this section.

ARTICLE XII

Financial Plans and Reports

�� The board of directors of the authority shall make and publish, as necessary, financial plans and detailed annual budgets for the construction, operation and maintenance of the South North light rail transit line, including a Sources of Funds plan. The board may also prepare, publish and distribute such other public reports and informational materials as it may deem necessary or desirable.

ARTICLE XIII

Operation and Maintenance Costs

�� (1) The Authority shall annually determine the amount of the South North light rail transit line�s operating and maintenance costs and the Authority�s administrative costs that shall be contributed to the Authority by C-TRAN and Tri-Met. The amount to be collected from C-TRAN and Tri-Met shall be based upon all relevant factors, including but not limited to, ridership origination and destination and relative usage of the South North light rail transit line.

�� (2) After establishing the amount to be allocated to C-TRAN and Tri-Met, the Authority shall levy an annual assessment on C-TRAN and Tri-Met for the purpose of financing the management, administration, operation, maintenance, repair, expansion, and related activities for facilities, equipment, systems or improvements included in the South North light rail transit line.

ARTICLE XIV

Capital Contributions

�� (1) The Authority shall enter into a financing plan agreement with C-TRAN, Tri-Met and any private entities providing construction financing for the South North light rail transit line or any segment thereof, which agreement shall establish a financing plan for the construction phases of the South North light rail transit line, including each segment thereof. The financing plan agreement shall specify the obligations of each party to pay a portion of the construction costs of the South North light rail transit line, including the estimated total construction costs, the percentage share of each party of the total construction costs, the estimated schedule for the payment of each party�s percentage share and the planned source of funds from which each party intends to fund its share of the total construction costs. The financing plan agreement, among other matters, may:

�� (a) Separately specify each party�s obligation for each segment of the South North light rail transit line;

�� (b) Limit the liability of C-TRAN and Tri-Met to particular funding sources identified in the financing plan agreement;

�� (c) Make provisions for any interim financing, credit enhancements or guarantees to be provided by C-TRAN, Tri-Met or any other parties in order to supply the funds needed to construct the South North light rail transit line in accordance with the construction schedule established in the financing plan agreement; or

�� (d) Provide that all or a portion of one party�s obligations shall be satisfied by making payments to another party to the agreement in order to pay or reimburse the construction or financing costs incurred by the payee.

�� (2) The financing plan agreement shall provide that C-TRAN and Tri-Met shall each retain full power and authority to pledge their respective sources of funds as security for any bonds, notes or other obligations issued thereby, and for any credit enhancements obtained in connection with any such bonds, notes or other obligations, in order to provide interim or permanent financing for the construction costs of the South North light rail transit line. The financing plan agreement shall not in any way or to any extent create a pledge of or a lien or encumbrance on any funds of C-TRAN or Tri-Met.

�� (3) C-TRAN and Tri-Met singly or together shall enter into one or more Full Funding Grant Agreements with the Federal Transit Administration, or its successor, to establish the federal funding commitment for the South North light rail transit line, or any segments thereof, and the terms and conditions for obtaining the federal funds. The Authority shall cause the South North light rail transit line, and each segment thereof, to be designed, engineered and constructed in a manner consistent with the applicable Full Funding Grant Agreement, applicable state laws and the terms and conditions of the financing plan agreement.

�� (4) The financing plan agreement may be amended from time to time by the Authority, C-TRAN and Tri-Met to the extent such parties determine any amendment is necessary or beneficial. Any such amendment shall require the consent of any private entity that is a party to the financing plan agreement only if and to the extent such consent is required under the terms of the financing plan agreement.

ARTICLE XV

Indemnification

�� (1) C-TRAN shall hold Tri-Met and the Authority harmless and indemnify Tri-Met and the Authority for any and all liability, settlements, losses, costs, damages and expenses in connection with any action, suit or claim resulting from C-TRAN�s negligent errors, omissions or acts in carrying out the purposes of this compact.

�� (2) Tri-Met shall hold C-TRAN and the Authority harmless and indemnify C-TRAN and the Authority for any and all liability, settlements, losses, costs, damages and expenses in connection with any action, suit or claim resulting from Tri-Met�s negligent errors, omissions or acts in carrying out the purposes of this compact.

�� (3) The Authority shall hold C-TRAN and Tri-Met harmless and indemnify C-TRAN and Tri-Met for any and all liability, settlements, losses, costs, damages and expenses in connection with any action, suit or claim resulting from the Authority�s negligent errors, omissions or acts in carrying out the purposes of this compact.

ARTICLE XVI

Fares

�� Fares will be established and collected by C-TRAN and Tri-Met for trips originating within their respective districts. Payment of those fares will be honored by the Authority as payment for passage on the South North light rail transit line.

ARTICLE XVII

Insurance

�� The board of directors of the Authority may self-insure or purchase insurance and pay the premiums therefor against loss or damage, against liability for injury to persons or property and against loss of revenue from any cause whatsoever. Such insurance coverage shall be in such form and amount as the board may determine, subject to the requirements of any agreement or other obligations of the Authority.

ARTICLE XVIII

Tax Exemption

�� (1) It is hereby declared that the creation of the Authority and the carrying out of the purposes of the Authority is in all respects for the benefit of all people of the signatory states. It is further declared that the Authority and the board of directors are performing a public purpose and an essential government function, including, without limitation, proprietary, governmental and other functions, in the exercise of the powers conferred by this compact. Therefore, the Authority and the board of directors shall not be required to pay taxes or assessments upon any of the property under its jurisdiction, control, possession or supervision or upon its activities in the operation and maintenance of the South North light rail transit line or upon any revenues therefrom.

�� (2) When C-TRAN or Tri-Met, acting under an agreement with the Authority pursuant to Article IV of this compact, possesses or controls property or conducts activities in the operation and maintenance of the South North light rail transit line:

�� (a) C-TRAN and Tri-Met shall remain subject to the tax laws of their respective states with respect to such property located, or activities conducted, within their respective states;

�� (b) C-TRAN shall be subject to the tax laws of the State of Oregon with respect to such property located, or activities conducted, in Oregon only to the extent Tri-Met would be subject to those laws if Tri-Met rather than C-TRAN possessed or controlled the property or conducted the activity; and

�� (c) Tri-Met shall be subject to the tax laws of the State of Washington with respect to such property located, or activities conducted, in Washington only to the extent C-TRAN would be subject to those laws if C-TRAN rather than Tri-Met possessed or controlled the property or conducted the activity.

ARTICLE XIX

Applicable Laws

�� The Authority shall be both subject to and exempt from certain laws of the States of Oregon and Washington as concurred in by the legislature of each state, respectively. Where the laws of the States of Oregon and Washington are not made inapplicable to the Authority by legislative action, the laws of the respective states will continue to apply to activities occurring within each state�s geographical boundaries. However, the following laws shall apply generally to the Authority regardless of the state in which the activities governed by the laws occur. The following laws shall govern exclusively the matters they address, and the provisions of corresponding or analogous laws of either signatory shall have no effect:

�� (1) Federal Administrative Procedures Act (5 U.S.C. 500 et seq.), as amended from time to time, or any successor legislation;

�� (2) Federal Miller Act (40 U.S.C. 270a et seq.), as amended from time to time, or any successor legislation;

�� (3) Federal prevailing wage law (40 U.S.C. 276a et seq.), as amended from time to time, or any successor legislation;

�� (4) Federal rules on disadvantaged business enterprises (49 C.F.R. Part 23), as amended from time to time, or any successor legislation;

�� (5) Federal competitive bidding laws (41 U.S.C. 251 et seq.), as amended from time to time, or any successor legislation; and

�� (6) ORS 30.260 to

ORS 401.654

401.654 and health care providers who volunteer to perform health care services under ORS 401.655, 401.656, 401.657 or 401.658 are agents of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of services that are provided under ORS 401.655, 401.656, 401.657 or 401.658 pursuant to directions from a public body and that are within the course and scope of the individual�s duties, without regard to whether the individual is compensated for the services.

�� (2) If the Governor declares a state of emergency under ORS 401.165, or declares a state of public health emergency under ORS 433.441, health care facilities designated under ORS 401.657 and other persons operating emergency health care centers designated under ORS 401.657 are agents of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of services that are provided through those centers or facilities under ORS 401.651 to 401.670 pursuant to directions from a public body and that are within the course and scope of the duties of the health care facility or other person, without regard to whether the health care facility or other person is compensated for the services.

�� (3) An individual registered under ORS 401.654 participating in training authorized by the Oregon Health Authority under ORS 401.651 to 401.670 is an agent of the state under ORS 30.260 to 30.300 for the purposes of any claims arising out of that training.

�� (4) The provisions of subsection (2) of this section apply only to emergency health care centers or health care facilities that have adopted emergency operations plans and credentialing plans that govern the use of individuals registered under ORS 401.654 and other health care providers who volunteer to perform health care services under ORS 401.651 to 401.670. An emergency operations plan and a credentialing plan must comply with rules governing those plans adopted by the authority. [2003 c.298 �7; 2009 c.595 �230; 2009 c.718 �9; 2021 c.539 �84; 2025 c.622 �7]

�� 401.670 Rules. The Oregon Health Authority shall adopt all rules necessary for the implementation of ORS 401.651 to 401.670. [2003 c.298 �8; 2009 c.595 �231]

DISASTER OR EMERGENCY RELATED WORK CONDUCTED BY OUT-OF-STATE BUSINESSES

�� 401.680 Legislative findings. The Legislative Assembly finds that:

�� (1) During times of storm, flood, fire, earthquake, hurricane or other disaster or emergency, many businesses bring resources, property and personnel from other states throughout the United States into Oregon on a temporary basis to expedite the often enormous and overwhelming task of cleaning up, restoring and repairing damaged buildings, equipment and property or deploying or building replacement facilities in this state.

�� (2) This may involve the need for out-of-state businesses, including out of-state affiliates of businesses based in this state, to bring in resources, property or personnel that previously have had no connection to this state, to perform activities in this state including repairing, renovating, installing, building, rendering services or performing other business activities and for which personnel may be located in this state for extended periods of time to perform these activities.

�� (3) While operating in this state on a temporary basis solely for purposes of helping this state recover from a disaster or emergency, these businesses and individual employees should not be burdened by any requirements for business and employee taxes as a result of activities in this state for a temporary period.

�� (4) This state�s nexus and residency thresholds are intended for businesses and individuals that are in this state as part of the conduct of regular business operations or that intend to reside in this state and are not directed at businesses and individuals coming into this state on a temporary basis to provide assistance in response to a declared state of emergency or declared major disaster.

�� (5) To ensure that businesses may focus on quick response to the needs of this state and its residents during a declared disaster or emergency, it is appropriate for the Legislative Assembly to deem that this activity for a reasonable period of time before, during and after the disaster or emergency for repairing and restoration of the often devastating damage to critical infrastructure in this state as defined in ORS 401.685 does not establish presence, residency, doing business in this state or any other criteria for purposes of state and local taxes or licensing and regulatory requirements. [2015 c.468 �1]

�� Note: 401.680 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 401 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 401.685 Definitions. As used in ORS 401.685 to 401.695:

�� (1) �Critical infrastructure� means property and equipment owned or used by communications networks, electric generation, transmission and distribution systems, gas distribution systems, water pipelines and related support facilities that service multiple customers or citizens, including real and personal property such as buildings, offices, lines, poles, pipes, structures and equipment.

�� (2) �Declared disaster or emergency� means a major disaster or emergency declared to exist in this state by the President of the United States or a state of emergency declared by the Governor as provided in ORS 401.165.

�� (3) �Disaster or emergency related work� means repairing, renovating, installing, building or rendering other services to critical infrastructure that has been damaged, impaired or destroyed as a direct result of a declared disaster or emergency.

�� (4) �Disaster response period� means a period that begins 10 days prior to the date that the Governor declares a state of emergency, or the date that the President of the United States declares an emergency or major disaster, whichever occurs first, and that extends 60 calendar days after the date of the termination of the declared disaster or emergency, or any longer period authorized by the Governor.

�� (5) �Out-of-state business� means a foreign business entity that, except for disaster or emergency related work, transacts no business in this state and the services of which are requested by a registered business or by a state or local government entity for purposes of performing disaster or emergency related work in this state.

�� (6) �Out-of-state employee� means an individual who prior to the declared disaster or emergency resides outside this state and performs no work in this state, except for disaster or emergency related work performed during the disaster response period.

�� (7) �Registered business� means a business entity that is registered with or authorized by the Secretary of State to transact business in this state as of the date immediately prior to the declared disaster or emergency. [2015 c.468 �3]

�� 401.690 Exemption from certain taxes, registration and licensing requirements. (1) Disaster or emergency related work conducted by an out-of-state business may not be used as the sole basis for:

�� (a) Notwithstanding ORS 317.018 and 317.080, a finding that the out-of-state business is doing business in this state;

�� (b) Imposition of the taxes imposed under ORS 314.725 or ORS chapter 316 or 317;

�� (c) Notwithstanding ORS 60.704, 63.704, 65.704, 67.705 and 70.355, a requirement that the out-of-state business register with or obtain authority to transact business from the Secretary of State during the disaster response period; or

�� (d) A requirement that the out-of-state business or an out-of-state employee comply with state or local business or professional licensing or registration requirements or state and local taxes or fees including unemployment insurance, state or local occupational licensing fees and ad valorem tax on equipment brought into this state for use during the disaster response period and subsequently removed from this state.

�� (2) For purposes of any state or local tax on or measured by, in whole or in part, net or gross income or receipts, all activity of the out-of-state business that is conducted in this state, or equipment brought into this state, pursuant to ORS 401.685 to

ORS 401.755

401.755; 2015 c.247 �10; 2021 c.539 �62]

�� 403.132 Provision of location of cellular device to law enforcement agency; rules. (1) At the request of a law enforcement agency, a provider of communications service for cellular devices shall provide the call location information, or the best available location information, of a cellular device that is:

�� (a) Used to place an emergency call requesting emergency assistance from the law enforcement agency; or

�� (b) Reasonably believed to be in the possession of an individual that the law enforcement agency reasonably believes is in an emergency situation that involves the risk of death or serious physical harm to the individual.

�� (2) To facilitate requests for call location information, or the best available location information, from a law enforcement agency under this section:

�� (a) The Oregon Department of Emergency Management shall:

�� (A) Maintain a database containing emergency contact information for providers of communications service for cellular devices that are registered to do business in this state or that submit to the jurisdiction of this state; and

�� (B) Make the information immediately available upon request to a public safety answering point in this state.

�� (b) A provider that is registered to do business in this state, or that submits to the jurisdiction of this state, shall submit emergency contact information for the provider to the department.

�� (3) Emergency contact information submitted by a provider of communications service for cellular devices under this section must be submitted by June 15 of each year or immediately after a change in contact information.

�� (4) Notwithstanding the limitations of ORS 403.135 (3), a cause of action does not arise against a provider of communications service for cellular devices or the officers, employees or agents of the provider for providing call location information, or the best available location information, in good faith as required by this section.

�� (5) The department may adopt rules to implement this section.

�� (6) This section shall be known, and may be cited, as the Kelsey Smith Act. [2014 c.29 �2; 2015 c.247 �28; 2015 c.255 �1; 2021 c.539 �63]

�� 403.135 When blocking of information prohibited; confidential information; exemption from liability for supplying information to emergency service providers; when supplying information not required. (1) A provider may not block delivery or forwarding to a public safety answering point or a 9-8-8 coordinated crisis services system of location information, a call-back number or other identifying information related to an emergency call.

�� (2) Automatic number identifications received by public safety answering points or a 9-8-8 coordinated crisis services system are confidential and are not subject to public disclosure unless and until an official report is written by the public or private safety agency and that agency does not withhold the telephone number under ORS 192.311 to 192.478 or other state and federal laws. The official report of a public safety answering point or a 9-8-8 coordinated crisis services system may not include nonpublished or nonlisted telephone numbers. The official report of a public or private safety agency may not include nonpublished or nonlisted telephone numbers. Nonpublished or nonlisted telephone numbers are not otherwise subject to public disclosure without the permission of the subscriber.

�� (3) A provider is not subject to an action for civil damages for providing in good faith confidential or nonpublic information, including nonpublished and nonlisted subscriber information, to emergency and 9-8-8 services providers who are:

�� (a) Responding to an emergency call;

�� (b) Responding to emergency situations that involve the risk of death or serious physical harm to an individual, as provided in ORS 403.132; or

�� (c) Notifying the public of an emergency.

�� (4) Subsection (3) of this section does not compel a provider to provide nonpublished and nonlisted subscriber information directly to emergency or 9-8-8 services providers or law enforcement agencies prior to placement of an emergency call without process of law.

�� (5) Subscriber information acquired by a 9-1-1 jurisdiction or the 9-8-8 coordinated crisis services system for the purpose of providing emergency communications services under ORS 403.105 to 403.250 or coordinated crisis services under ORS 430.626 to 430.628 is not subject to public disclosure and may not be used by other public agencies except:

�� (a) To respond to an emergency call;

�� (b) To respond to an emergency situation that involves the risk of death or serious physical harm to an individual, as provided in ORS 403.132; or

�� (c) To notify the public of an emergency by utilizing an automated notification system if a provider has provided subscriber information to the 9-1-1 jurisdiction or emergency services provider. [Formerly 401.765; 2013 c.305 �2; 2014 c.29 �3; 2015 c.247 �11; 2021 c.617 �8; 2023 c.9 �26]

�� 403.137 Operation of multiline telephone system. (1) As used in this section, �workplace�:

�� (a) Includes hallways, lobbies, conference rooms, rest rooms, break rooms, elevators, laboratories, warehouse space and other areas of a building in which employees or volunteers perform work or that are accessible on a regular basis by employees, volunteers or members of the public; and

�� (b) Does not include wall thickness, shafts, heating or ventilation spaces, mechanical or electrical spaces or other areas not accessible on a regular basis by employees, volunteers or members of the public.

�� (2) Except as provided in subsection (3) of this section, the operator of a multiline telephone system installed at least 12 months after January 1, 2014, shall provide information so that the appropriate primary public safety answering point is able to query the automatic location identification database and obtain an emergency response location identifier that includes at least the street address and building name for the location from which an emergency call originates.

�� (3) Subsection (2) of this section does not apply to the operator of:

�� (a) A key telephone system;

�� (b) Any other multiline telephone system serving a workplace that comprises less than 10,000 square feet on a single level and is located on one tract, as defined in ORS

ORS 410.340

410.340]

(Broadband Installation)

�� 184.911 Definitions for 184.911 to 184.925. As used in ORS 184.911 to 184.925:

�� (1) �Broadband� means wide bandwidth communications transmissions over coaxial cable, optical fiber, radio or twisted pair with an ability to simultaneously transport multiple signals and traffic types at a minimum transmission speed established by the State Chief Information Officer by rule, but in no event less than 25 megabits per second for downloads and three megabits per second for uploads.

�� (2) �Communications� means media that communicate voice, data, text or video over a distance using electrical, electronic or light wave transmissions.

�� (3) �Interstate highway� means every state highway that is part of the National System of Interstate and Defense Highways established pursuant to 23 U.S.C. 103(c).

�� (4) �State highway� has the meaning given that term in ORS 366.005.

�� (5) �Telecommunications provider� means any person that is capable of providing broadband and communications services including, but not limited to, a telecommunications utility as defined in ORS 759.005, a competitive telecommunications provider as defined in ORS 759.005, a cable television provider or an interstate telecommunications provider.

�� (6) �Underground utility infrastructure� means any underground wires, cables, conduits, switches, transmission equipment or other equipment for use in transmitting or processing broadband services or for providing support or connections to such equipment. [2021 c.524 �1]

�� 184.915 [1975 c.768 ��6,7; repealed by 1977 c.661 �5]

�� 184.916 Registry of telecommunication providers; identification of projects. (1) The Oregon Broadband Office within the Oregon Business Development Department shall develop a registry of telecommunications providers in this state. The office shall update the registry no less than once per year and shall make the most recently updated registry available to the Department of Transportation.

�� (2) The Department of Transportation shall identify potential projects included in the Statewide Transportation Improvement Program for which notification under subsection (3) of this section is required. Potential projects eligible for identification under this subsection:

�� (a) Must, except as otherwise provided in paragraph (b) of this subsection, include projects on a state highway that involve the construction of underground utility infrastructure, road construction, road resurfacing or other work that will result in longitudinal trenching spanning a minimum length to be determined by the department by rule and that could reasonably include, or prepare for, the installation of broadband conduit; and

�� (b) May only include projects on an interstate highway to the extent otherwise authorized under federal or state law.

�� (3) For each project identified under subsection (2) of this section, the department shall timely notify each telecommunications provider on the registry established under subsection (1) of this section:

�� (a) That the project has been identified as suitable for coordination with telecommunication providers;

�� (b) Of the telecommunication provider�s opportunity to coordinate with the department to accommodate installation of underground utility infrastructure; and

�� (c) Of the process for submitting a statement of interest to coordinate with the department on the project.

�� (4) The department shall provide each telecommunications provider that receives a notice under subsection (3) of this section no less than 30 days from the date the notice is issued to submit to the department a statement of interest to coordinate with the department.

�� (5) This section does not require the department to provide notice of an opportunity to coordinate for the installation of underground utility infrastructure directly to any telecommunications provider, other utility or any other entity in a manner not described in this section. [2021 c.524 �2]

�� 184.920 Process for selecting projects; rules. (1) For each project for which the Department of Transportation provided notice under ORS 184.916, the department shall engage with each telecommunications provider that submitted a statement of interest under ORS 184.916 (4) to determine whether accommodation of installation of underground utility infrastructure is appropriate.

�� (2) The department may develop, by policy or rule, guidance for carrying out the provisions of this section. Guidance developed pursuant to this subsection must include, at a minimum:

�� (a) Procedures for processing and reviewing statements of interest received from telecommunications providers by the department;

�� (b) Criteria for determining how to accommodate installation of underground utility infrastructure;

�� (c) Procedures for interested parties to negotiate collocation of underground utility infrastructure within the trenching involved in the project;

�� (d) Procedures for permitting processes; and

�� (e) Protest procedures.

�� (3) The department shall make the final determination of the suitability of modifying a project to include installation of underground utility infrastructure, and may prescribe any conditions, requirements, restrictions or other provisions related to the modifications the department deems necessary. Conditions, requirements, restrictions or provisions prescribed under this subsection may include, but need not be limited to, liability provisions, requirements related to the financial responsibilities for future relocation of underground utility infrastructure if relocation is necessary, indemnification provisions and penalties for failure to comply with the terms of a modification agreement. [2021 c.524 �3]

�� 184.925 Rules. The Department of Transportation and the Oregon Broadband Office may adopt rules as necessary to implement and administer ORS 184.911 to 184.925. [2021 c.524 �4]

(Jurisdictional Transfer Advisory Committee)

�� Note: Sections 1, 2, 3 and 7, chapter 323, Oregon Laws 2023, provide:

�� Sec. 1. (1) The Jurisdictional Transfer Advisory Committee is established within the Department of Transportation.

�� (2) The committee consists of 11 members appointed by the Governor. The members of the committee shall include:

�� (a) Two members who are transportation engineers;

�� (b) Two members who represent cities and who have experience working on transportation projects;

�� (c) One member who represents a county and who has experience working on transportation projects;

�� (d) One member who represents a regional government and who has experience working on transportation projects;

�� (e) One member who represents road users;

�� (f) One member who represents law enforcement;

�� (g) One member who represents transit users;

�� (h) One member who represents the advisory committee on bicycle traffic established in ORS

ORS 430.565

430.565]

�� 475.730 [1955 c.573 �13; repealed by 1959 c.411 �22]

�� 475.732 [1973 c.697 �12; repealed by 1977 c.745 �54 and 1977 c.871 �29]

�� 475.740 [1955 c.573 �1; repealed by 1959 c.411 �22]

�� 475.742 [1973 c.697 �14; repealed by 1977 c.871 �29]

�� 475.744 Providing hypodermic device or pipe to minor prohibited; exception. (1) A person may not sell or give a:

�� (a) Hypodermic device to a minor unless the minor demonstrates a lawful need for the hypodermic device by authorization of a physician, naturopathic physician licensed under ORS chapter 685, physician associate licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, parent or legal guardian or by other means acceptable to the seller or donor.

�� (b)(A) Pipe to a minor unless the minor demonstrates a lawful need for the pipe by authorization of a physician, naturopathic physician licensed under ORS chapter 685, physician associate licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390, or the minor�s parent or legal guardian; and

�� (B) The minor obtains the consent of the minor�s parent or legal guardian to possess the pipe.

�� (2) As used in this section:

�� (a) �Hypodermic device� means a hypodermic needle or syringe or medication packaged in a hypodermic syringe or any instrument adapted for the subcutaneous injection of a controlled substance as defined in ORS 475.005.

�� (b) �Pipe� means:

�� (A) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens;

�� (B) Water pipes;

�� (C) Carburetion tubes and devices;

�� (D) Chamber pipes;

�� (E) Carburetor pipes;

�� (F) Electric pipes;

�� (G) Air-driven pipes; and

�� (H) Ice pipes or chillers. [Formerly 475.805; 2014 c.45 �65; 2017 c.356 �75; 2023 c.593 �18; 2024 c.73 �100]

�� 475.750 [1955 c.573 �3; repealed by 1959 c.411 �22]

PENALTIES

�� 475.752 Prohibited acts generally; penalties; exceptions; affirmative defense for certain peyote uses; causing death by Schedule IV substance. (1) Except as authorized by ORS

ORS 431A.050

431A.050.

�� (2) The State Fire Marshal shall serve as executive director of the council, but is not a member. The council shall meet at least quarterly. The council shall select a chairperson and vice chairperson at the first council meeting of each odd-numbered year. The council may elect additional officers as the council determines to be reasonable and necessary.

�� (3) In addition to the ex officio members identified in subsection (1) of this section, the Governor may designate a representative of the Governor to serve as a nonvoting member. The Governor may also appoint not more than 12 members to serve on the council for three-year terms. Initial terms of the appointed members may be adjusted to promote council stability. An appointed member may not serve more than two consecutive terms. A member appointed by the Governor must be a representative of one of the following:

�� (a) The Oregon Fire Chiefs Association or a successor or other organization representing fire chiefs.

�� (b) The Oregon Fire District Directors Association or a successor or other organization representing fire district directors.

�� (c) The Oregon Fire Marshals Association or a successor or other organization representing fire marshals.

�� (d) Property and casualty insurance providers.

�� (e) Employees of the Department of the State Fire Marshal.

�� (f) The Oregon State Fire Fighters Council or a successor or other organization representing professional firefighters.

�� (g) The Oregon Volunteer Firefighters Association or a successor or other organization representing volunteer firefighters.

�� (h) The League of Oregon Cities or a successor or other organization representing municipalities.

�� (i) The Special Districts Association of Oregon or a successor or other organization representing fire districts.

�� (j) A representative of a structural fire response agency of a federally recognized Oregon Indian tribe.

�� (k) The Oregon Fire Service Office Administrators or a successor or other organization representing administrative personnel that serves Oregon fire service agencies.

�� (L) The general public.

�� (4) Notwithstanding the term of office specified in subsection (3) of this section, the initial term of a member appointed by the Governor may be adjusted to limit the number of member terms expiring in the same year.

�� (5) To the extent funding is available from moneys appropriated to the Department of the State Fire Marshal, a member of the council is entitled to compensation and expenses as provided in ORS 292.495.

�� (6) The council shall advise the Governor and the State Fire Marshal on fire policy issues and strategies for the implementation of fire and life safety issues. The council may initiate advice to the State Fire Marshal and the Governor on any matter related to the mission of the council. The council may not participate in the discussion of traditional labor relations issues.

�� (7) The Department of the State Fire Marshal shall provide staff services to the council. All agencies, departments and officers of this state are directed to assist the council in the performance of its functions and to furnish information and advice as the council considers necessary. [2001 c.647 �1; 2011 c.9 �66; 2021 c.539 �131; 2025 c.177 �8]

�� Note: 476.680 and 476.685 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 476.685 Biennial reports. The Governor�s Fire Service Policy Council shall provide a biennial report to the Governor on the council�s progress in supporting the mission of the Department of the State Fire Marshal. The report shall identify significant accomplishments, current challenges and opportunities for improvement. [2001 c.647 �2; 2021 c.539 �132; 2025 c.177 �9]

�� Note: See note under 476.680.

WILDFIRE PROGRAMS

�� 476.687 State Wildfire Programs Director. (1) The Governor shall appoint a State Wildfire Programs Director to serve at the pleasure of the Governor.

�� (2) The duties of the director shall include:

�� (a) Overseeing implementation of requirements and authorization provided by chapter 592, Oregon Laws 2021.

�� (b) Coordinating and integrating activities of state agencies and other entities that are required or authorized by chapter 592, Oregon Laws 2021, in order to optimize the efficiency and effectiveness of the activities.

�� (c) Ensuring compliance with deadlines set out in chapter 592, Oregon Laws 2021.

�� (d) Monitoring and assessing any financial impacts of the activities on local jurisdictions and the equity of those financial impacts among the jurisdictions.

�� (e) Supervising staffing of the Wildfire Programs Advisory Council.

�� (f) Reporting at least every 90 days to the Governor, the President of the Senate, the Speaker of the House of Representatives and the chairs of relevant committees and interim committees of the Legislative Assembly to summarize progress on implementing the activities, note obstacles and opportunities and catalog possibilities for future improvements to further reduce wildfire risk in this state.

�� (g) Exploring additional opportunities to reduce wildfire risk, including but not limited to engaging with:

�� (A) Insurance companies regarding insurance policy coverage provisions, underwriting standards, insurance rates and any other topics relevant to enhancing the protection of property from wildfire at a reasonable cost.

�� (B) Electric utilities regarding further actions to protect public safety, reduce risk to electric company customers and promote electrical system resilience to wildfire damage.

�� (C) Congressional delegations and federal agencies to expand opportunities for cost-share partnerships for wildfire mitigation and develop strategies for improvements to federal fire management policies.

�� (h) Collaborating with the State Resilience Officer and participating in any relevant emergency preparedness advisory councils. [2021 c.592 �35; 2025 c.590 �9]

�� Note: 476.687 and 476.690 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� Note: Legislative Counsel has substituted �chapter 592, Oregon Laws 2021,� for the words �this 2021 Act� in section 35, chapter 592, Oregon Laws 2021, compiled as 476.687. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2021 Comparative Section Table located in Volume 22 of ORS.

�� 476.690 Wildfire Programs Advisory Council. (1) As used in this section:

�� (a) �Defensible space� means a natural or human-made area in which material capable of supporting the spread of fire has been treated, cleared or modified to slow the rate and intensity of advancing wildfire and allow space for fire suppression operations to occur.

�� (b) �Wildland-urban interface� has the meaning given that term in ORS 477.015.

�� (2) There is established a Wildfire Programs Advisory Council to advise and assist the State Wildfire Programs Director by:

�� (a) Closely monitoring implementation of activities related to wildfire prevention and response, including receiving and evaluating agency reports related to wildfire prevention and response.

�� (b) Providing advice on potential changes to the activities in order to fulfill the goal of dramatically reducing wildfire risk in this state and ensuring that regional defensible space, building codes and land use applications are appropriate.

�� (c) Strengthening intergovernmental and multiparty collaboration and enhancing collaboration between governments and stakeholders on an ongoing basis.

�� (d) Developing strategies to enhance collaboration among governmental bodies and the general public.

�� (e) Reviewing Department of Land Conservation and Development findings and recommendations in the report required by section 11, chapter 592, Oregon Laws 2021, and making additional recommendations related to potential updates to the statewide land use planning program, local comprehensive plans and zoning codes to incorporate wildfire hazard maps and minimize wildfire hazards to people, public and private property, businesses, infrastructure and natural resources.

�� (3) The council is not a decision-making body but instead is established to provide advice, assistance, perspective, ideas and recommendations to the State Wildfire Programs Director.

�� (4) The President of the Senate and Speaker of the House of Representatives shall jointly appoint 21 members to the council as follows:

�� (a) One member who represents county government.

�� (b) One member who is a land use planning director of a county that is wholly or partially within the wildland-urban interface.

�� (c) One member who represents city government.

�� (d) One member who is a land use planning director of a city that is wholly or partially within the wildland-urban interface.

�� (e) One member who represents fire chiefs and has experience with managing, fighting or preventing fire within the wildland-urban interface.

�� (f) One member who represents fire marshals and has experience with community risk reduction and prevention of structural fire within the wildland-urban interface.

�� (g) One member who represents firefighters and has experience with managing, fighting or preventing fire within the wildland-urban interface.

�� (h) One member who represents rural residential property owners whose property is wholly or partially within the wildland-urban interface.

�� (i) One member who represents farming property owners whose property is wholly or partially within the wildland-urban interface.

�� (j) One member who represents ranching property owners whose property is wholly or partially within the wildland-urban interface.

�� (k) One member who represents forestland owners whose property is wholly or partially within the wildland-urban interface.

�� (L) One member who represents federally recognized Indian tribes with land wholly or partially within the wildland-urban interface.

�� (m) One member who represents a utility company.

�� (n) One member who represents environmental interests.

�� (o) One member who represents forest resiliency interests.

�� (p) One member who represents state or regional land use planning organizations.

�� (q) One member who represents land and housing development interests or real estate industry interests.

�� (r) One member who represents public health professionals.

�� (s) One member who represents the environmental justice community.

�� (t) One member who represents the structural fire service and who has experience with managing, fighting or preventing wildfire within the wildland-urban interface.

�� (u) One member who represents the insurance industry.

�� (5) The council shall be geographically diverse, with representatives from across this state.

�� (6) The presiding officers shall provide public notice of an opportunity for interested parties to submit names of interest for appointment to the council.

�� (7) At least seven days before appointing a member, the presiding officers shall consult in good faith with the minority leaders of the Senate and House of Representatives on the appointment.

�� (8) The term of service for each member is four years.

�� (9) The members are eligible for reappointment.

�� (10) The council shall elect a chairperson and vice chairperson to serve for one-year terms.

�� (11) The members shall serve on the council as volunteers and are not entitled to reimbursement for expenses.

�� (12) The Department of Consumer and Business Services, Department of Land Conservation and Development, Department of the State Fire Marshal and State Forestry Department shall each provide 15 percent of the time of a full-time equivalent employee to:

�� (a) Cooperatively staff the council.

�� (b) Attend council meetings as informational resources.

�� (c) Assist with drafting reports at the request of the council.

�� (d) Support the work of the State Wildfire Programs Director.

�� (13) The Oregon State University Extension Service shall designate a person to serve as staff for the council.

�� (14) Each October the council shall submit a report to the Governor and appropriate committees or interim committees of the Legislative Assembly that describes progress on implementing program activities related to defensible space, building codes, land use and community emergency preparedness and that recommends improvements. [2021 c.592 �36; 2023 c.611 �8; 2025 c.590 �5]

�� Note: See first note under 476.687.

�� 476.694 [2021 c.592 �21; 2022 c.85 �3; renumbered

ORS 433.710

433.710]

�� 603.060 [Amended by 1955 c.724 �8; 1959 c.239 �2; 1967 c.396 �2; repealed by 1969 c.565 �48]

�� 603.065 Slaughter methods. (1) Cattle, equines, sheep or swine shall be slaughtered by a licensee and handled in connection with slaughter, by any method which:

�� (a) Renders each such animal insensible to pain by a single blow or gunshot or by an electrical, chemical or other means that is rapid and effective, before the animal is shackled, hoisted, thrown, cast or cut; or

�� (b) Is in accordance with the ritual requirements of any religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

�� (2) No licensee engaged in the slaughter of animals described in subsection (1) of this section shall slaughter by any method other than therein described, nor shall shackle, hoist, or otherwise bring such animals not previously rendered insensible to pain in accordance with subsection (1) of this section into position for slaughter by any method which shall cause injury or pain. [1973 c.175 �11]

�� 603.070 [Amended by 1955 c.724 �9; repealed by 1969 c.565 �48]

�� 603.075 Brand inspection service fee. The State Department of Agriculture may impose on any establishment required by the laws of this state to have brand inspection the service fee established under ORS 604.046 (2). Such fee is appropriated as set forth in ORS chapter 604. Notwithstanding ORS 604.046 (2), the department may waive the service fee under circumstances the department deems appropriate. [1973 c.175 �8; 1975 c.574 �1; 1981 c.248 �19; 2007 c.229 �7]

�� 603.080 [Amended by 1955 c.724 �10; repealed by 1969 c.565 �48]

�� 603.085 Rulemaking authority. In accordance with the provisions of ORS chapter 183 the State Department of Agriculture may promulgate rules necessary to carry out and enforce ORS 599.205 and this chapter, including but not limited to:

�� (1) The methods of marking or tagging packages required by ORS 603.045 (2).

�� (2) The establishment of minimum standards of construction of establishments and equipment and of maintenance and sanitation of such establishments and equipment.

�� (3) The establishment of the major phases of processing and forms of the certificates and tags required by ORS 603.045 (3) and (4). [1973 c.175 �9; 1981 c.248 �28]

�� 603.090 [Repealed by 1955 c.724 �17]

�� 603.091 [1959 c.565 �16; 1969 c.565 �5; repealed by 1973 c.175 �15]

�� 603.095 Disposition of funds received by department. Except as provided in ORS 603.075, all moneys received by the State Department of Agriculture pursuant to ORS 599.269 and this chapter shall be paid into the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering ORS 599.269, ORS chapters 604, 616 and 619 and this chapter and for the purpose of administering such provisions of ORS chapters 162, 164 and 607 as apply to theft of livestock. [1973 c.175 �10; 1975 c.574 �1a; 1979 c.499 �17; 1981 c.248 �32; 1982 s.s.1 c.4 �2]

�� 603.100 [Repealed by 1955 c.724 �17]

�� 603.101 [1959 c.565 �17; 1969 c.565 �6; repealed by 1973 c.175 �15]

�� 603.110 [Repealed by 1955 c.724 �17]

�� 603.120 [Amended by 1955 c.724 �11; repealed by 1973 c.175 �15]

�� 603.130 [Repealed by 1955 c.724 �17]

�� 603.140 [Amended by 1955 c.724 �12; repealed by 1973 c.175 �15]

�� 603.150 [Amended by 1955 c.724 �13; repealed by 1973 c.175 �15]

�� 603.160 [Repealed by 1973 c.175 �15]

�� 603.170 [Repealed by 1955 c.724 �17]

�� 603.172 [1965 c.483 �6; repealed by 1969 c.565 �48]

�� 603.180 [Repealed by 1973 c.175 �15]

�� 603.190 [Amended by 1955 c.724 �14; repealed by 1973 c.175 �15]

�� 603.200 Payment by processors to producers; payment by sellers to processors; interest; definitions. Notwithstanding any other provision of law:

�� (1) In the absence of a contract or other agreement providing otherwise, any processor who purchases meat animals from the producers thereof shall make full payment therefor not later than the second business day after the day the processor takes delivery of any such meat animal.

�� (2) In the absence of a contract or other agreement providing otherwise, any meat seller who purchases meat or meat products from the processor thereof shall make full payment therefor not later than the seventh business day after the day the meat seller takes delivery of any such meat or meat product.

�� (3) Any person who fails to make payment as required by subsections (1) and (2) of this section shall pay, in addition to the amount due, interest thereon at the rate of one percent per month.

�� (4) As used in this section:

�� (a) �Meat animal� has the meaning for that term provided in ORS 603.010.

�� (b) �Meat or meat product� has the meaning for that term provided in ORS 603.010.

�� (c) �Meat seller� means a person required to obtain a license described in ORS 603.025 (4)(a).

�� (d) �Processor� means a person required to obtain a license described in ORS 603.025 (4)(b) to (e). [1975 c.703 �10; 2012 c.64 �35]

�� Note: 603.200 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 603 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 603.310 [1961 c.407 ��1,2; repealed by 1973 c.175 �15]

�� 603.320 [1961 c.407 �3; repealed by 1973 c.175 �15]

�� 603.990 [Subsection (3) enacted as 1959 c.565 �19; repealed by 1973 c.175 �15]

�� 603.992 Penalties. (1) Except as provided in subsections (2) and (3) of this section, violation of this chapter, or rules promulgated thereunder, is a misdemeanor.

�� (2) Violation of ORS 603.065 is a Class B misdemeanor.

�� (3) Violation of ORS 603.059 is a Class D violation. If the nuisance is not removed within five days after the first offense, it is considered a second offense, and every like neglect of each succeeding five days thereafter is considered an additional offense. [1973 c.175 �12; 1981 c.248 �29; 1982 s.s.1 c.4 �3; 2001 c.104 �237]

�� 603.995 Civil penalties; rules; disposition of penalty moneys. (1) In addition to any penalty available under ORS 561.190 or 603.992, the State Department of Agriculture may impose a civil penalty for a violation of this chapter or of rules adopted under this chapter. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.

�� (2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.

�� (3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.

�� (4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 �5]

ORS 446.200

446.200 or rules adopted under those sections or adopt temporary permitting and operating and construction standards in lieu of the requirements if the director determines that:

�� (1) The waiver is necessary or advisable to allow for the rapid development of a manufactured dwelling park approved under ORS 197A.440; and

�� (2) The waiver will not jeopardize the health and safety of the occupants of the manufactured dwelling park. [2021 c.260 �4]

�� Note: 446.198 was added to and made a part of 446.003 to 446.200 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

�� 446.200 Exemption from additional regulations. A manufactured dwelling that is constructed in conformity with the minimum safety standards provided by ORS 446.185 and that bears an insignia of compliance is not required to comply with any additional regulations if the dwelling is thereafter placed upon a permanent foundation and affixed to real property. [Formerly 446.165; 1989 c.648 �20; 1991 c.226 �6; 1995 c.251 �4; 2019 c.422 �7]

�� 446.210 [1969 c.295 �12; 1989 c.648 �21; 1993 c.744 �54; 2003 c.14 �266; 2005 c.758 �7; 2007 c.271 �1; repealed by 2017 c.364 �1]

�� 446.220 [1975 c.566 �2; repealed by 1983 c.65 �1]

�� 446.225 Administration and enforcement of federal manufactured housing safety and construction standards; rules. (1) The Legislative Assembly intends to provide a procedure to assure that Oregon assumes fullest responsibility for administration and enforcement of federal manufactured housing safety and construction standards in Oregon in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

�� (2) The Director of the Department of Consumer and Business Services is authorized to apply for and receive grants from the Secretary of Housing and Urban Development for implementation and development of a plan for enforcement and administration of federal manufactured housing safety and construction standards for manufactured housing offered for sale or lease in this state.

�� (3) The director is authorized to adopt rules pursuant to ORS chapter 183 to insure acceptance by the Secretary of Housing and Urban Development of Oregon�s plan for administration and enforcement of federal manufactured housing safety and construction standards in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). [1975 c.546 �2; 1989 c.648 �22]

�� 446.230 Safety and construction standards for installation, support and tiedown; rules; when installer license not required. (1) The Director of the Department of Consumer and Business Services shall, by administrative rule, adopt and enforce safety and construction standards for installation, support and tiedown of manufactured dwellings on a lot. These safety standards shall be reasonably consistent with nationally recognized standards for placement, support and tiedown of manufactured dwellings, and shall be designed to protect the health and safety of occupants of manufactured dwellings against uplift, sliding, rotation and overturning of manufactured dwellings.

�� (2) The director shall designate wind pressure zones in which the rules for tiedown of manufactured dwellings shall apply.

�� (3) Except as provided in ORS 446.395, an installer is not required to be licensed by the director to connect utilities from utility terminations provided on a lot to manufactured dwellings. [1975 c.546 �3; 1989 c.648 �23; 1991 c.226 �7; 1993 c.744 �55]

�� 446.240 Safety standards for accessory structures; rules. The Director of the Department of Consumer and Business Services shall adopt and enforce rules establishing safety standards for construction and installation of accessory buildings and structures. Prefabricated and site-built accessory buildings and structures shall be consistent with the provisions of the state building code adopted pursuant to ORS 455.020 and 455.110 except where application of such standards would conflict with standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 and would prevent the Department of Consumer and Business Services from enforcing the federal Act in Oregon. [1975 c.546 �4; 1989 c.648 �24]

�� 446.245 Permitted uses of manufactured dwellings. (1) Manufactured dwellings shall be used as single-family dwellings.

�� (2) Manufactured dwellings shall not be used for commercial purposes.

�� (3) Exceptions to subsections (1) and (2) of this section are:

�� (a) Manufactured dwellings may be used for purposes other than as a single-family dwelling when specifically approved for a change in occupancy in accordance with the provisions of the Oregon specialty codes by the authority having jurisdiction. When a manufactured dwelling changes in occupancy it shall lose its identity as a manufactured dwelling and have the insignia removed and returned to the Department of Consumer and Business Services.

�� (b) Manufactured dwellings may be used by dealers or distributors as temporary sales offices if:

�� (A) No alterations to the design, construction, transportation, fire and life safety, plumbing, mechanical or electrical systems are made to accommodate the office use; and

�� (B) The dealer or distributor continues to offer the manufactured dwelling for sale during the office use.

�� (c) A portion of a manufactured dwelling may be used for an in-house business when the remainder of the dwelling is used as a single-family dwelling by the same person. Approval for the type and location of an in-home business must be obtained from the authority having jurisdiction and the local planning commission prior to the use. [1991 c.478 �2; 2019 c.422 �8]

�� Note: 446.245 was added to and made a part of 446.155 to 446.285 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 446.250 Duties of director; agreements with local governments; conditions. The Director of the Department of Consumer and Business Services shall cause inspections to be made, approve plans and specifications, provide technical services and issue permits for alteration of manufactured dwellings, for installation of manufactured dwellings or accessory buildings or structures on a lot and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations. The director shall appoint or contract with municipalities that request such appointment or contract for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations, if the municipality employs as local inspectors qualified persons who have been certified by the director for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations under ORS 446.003, 446.111, 446.155, 446.160, 446.176,

ORS 446.225

446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted under those statutes. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.

�� (4) This section does not grant any authority over a municipality or an inspector employed by a municipality. [1991 c.792 ��3,5; 1999 c.597 �1; 2001 c.411 �20; 2003 c.14 �285; 2013 c.324 �10]

MASTER BUILDER PROGRAMS

�� 455.800 Definitions for ORS 455.800 to 455.820. As used in ORS 455.800 to 455.820:

�� (1) �Building official� means a person who is a building official as defined in ORS 455.715 or a Department of Consumer and Business Services employee charged with enforcement or administration of the state building code.

�� (2) �Building trade committee� means a group composed of experienced and knowledgeable local general contractors or other persons having substantial expertise in various aspects of one and two family dwelling construction under the Low-Rise Residential Dwelling Code.

�� (3) �General contractor� has the meaning given that term in ORS 701.005.

�� (4) �Master builder� means a person certified under ORS 455.810.

�� (5) �Qualified construction company� means a company that has been:

�� (a) Continuously licensed by the Construction Contractors Board during the preceding 60 months as a general contractor; or

�� (b) Continuously licensed by the Construction Contractors Board during at least the preceding 24 months as a general contractor and by one or more other states during the balance of the preceding 60 months in an occupation equivalent to that of a general contractor.

�� (6) �Regular employee� means a person who:

�� (a) Is continuously employed by, and on the regular payroll of, a qualified construction company;

�� (b) Has filed a withholding statement or an exemption certificate pursuant to ORS 316.182 for work performed for the qualified construction company; and

�� (c) Is available during working hours to supervise on-site dwelling construction, including but not limited to supervising the installation of:

�� (A) Drywall;

�� (B) Electrical systems;

�� (C) Footings;

�� (D) Foundations;

�� (E) Framing;

�� (F) Insulation;

�� (G) Mechanical systems;

�� (H) Plumbing systems; and

�� (I) Stairs.

�� (7) �Whole dwelling remodel� means a project that includes the installation in an existing dwelling of all of the following:

�� (a) Drywall;

�� (b) Electrical systems;

�� (c) Footings;

�� (d) Foundations;

�� (e) Framing;

�� (f) Insulation;

�� (g) Mechanical systems; and

�� (h) Plumbing systems. [2001 c.406 �1; 2003 c.675 �38; 2019 c.134 �12]

�� Note: 455.800 to 455.820 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.805 Criteria for granting of master builder status. An individual may apply to the Department of Consumer and Business Services to be tested and certified as a master builder. The department shall establish uniform criteria for use in determining whether to grant an application. The criteria must, at a minimum, provide that:

�� (1) The individual must be an owner or regular employee of a qualified construction company and be authorized by the company to provide assurance to the department that all state and local code requirements are met.

�� (2) In each of the five preceding calendar years, the individual must either have performed or supervised a dwelling construction or whole dwelling remodel. In at least two of the years, the construction or remodel must have occurred in a geographic area that had a master builder program.

�� (3) The individual must have completed a program sponsored by a local building trade committee or other program approved by the department, providing training relating to the construction of one and two family dwellings under the Low-Rise Residential Dwelling Code. A program must include but need not be limited to instruction in:

�� (a) Administration;

�� (b) Chimneys and fireplaces;

�� (c) Decay and termite protections;

�� (d) Energy conservation;

�� (e) Footings and foundations;

�� (f) Roof-ceiling construction;

�� (g) Roof coverings;

�� (h) Site inspections;

�� (i) Wall construction, assemblies and coverings; and

�� (j) Wood and metal framing.

�� (4) The individual must have scored at least 75 percent on a written examination, approved and administered by the department, covering the appropriate aspects of the Low-Rise Residential Dwelling Code.

�� (5)(a) The individual must not be the subject of an adverse final order issued by the Construction Contractors Board or Department of Consumer and Business Services based upon acts committed within 36 months preceding the application date that:

�� (A) Violated a specialty code, licensing or permit requirement; or

�� (B) Resulted in a claim being filed with the board or department against the individual.

�� (b) For purposes of this subsection, if the individual is an owner of a qualified construction company, an adverse final order issued against the company is an adverse final order issued against that individual. [2001 c.406 �2; 2003 c.675 �39]

�� Note: See note under 455.800.

�� 455.810 Certificates; fees; discipline; rules. (1) An individual seeking certification as a master builder must apply to the Department of Consumer and Business Services on the form prescribed by the department. Upon determining that the applicant meets the criteria for certification set forth in ORS 455.805, the department shall issue the certificate.

�� (2) Certification as a master builder is valid for three years unless suspended or revoked. An individual may renew a certificate that is in good standing by:

�� (a) Providing evidence of continuing education as required by department rule; and

�� (b) Paying a renewal fee established by the department by rule.

�� (3) The department may deny, refuse to renew, suspend or revoke certification as a master builder if the individual fails or ceases to meet the criteria for certification set forth in ORS 455.805 or engages in actions resulting in a waiver revocation under ORS 455.820 (3). The department must afford an individual an opportunity for a hearing pursuant to ORS chapter 183 upon a denial or refusal to renew or prior to a suspension or revocation of certification.

�� (4) The department may adopt all rules necessary and proper for administering ORS

ORS 446.230

446.230.

�� (e) Park or camp requirements adopted under ORS 455.680.

�� (2) Administration of any specialty code or building requirement includes establishing a program intended to verify compliance with state licensing requirements and all other administrative and judicial aspects of enforcement of the code or requirement. Nothing in this section affects the concurrent jurisdiction of the Director of the Department of Consumer and Business Services, the Building Codes Structures Board, the State Plumbing Board, the Electrical and Elevator Board, the Residential and Manufactured Structures Board or the Mechanical Board to impose civil penalties for violations committed within municipalities. [1995 c.190 �2; 2001 c.411 �17; 2003 c.675 ��22,23; 2009 c.567 �16]

�� Note: 455.153 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.154 Alternative permit and inspection program. (1) Notwithstanding ORS 447.076, 455.627, 479.560 and

ORS 446.252

446.252 and this section conflict with the provisions under ORS chapter 455, the provisions of ORS 446.252 and this section shall control.

�� (2) Except as otherwise provided by this subsection, any municipality that establishes a program under ORS 455.148 or 455.150 to administer and enforce installations of manufactured dwellings and accessory buildings or structures shall assume full responsibility for permit issuance and inspections under that program including related electrical, plumbing, structural and mechanical installations for a manufactured dwelling and accessory buildings or structures as defined in ORS

ORS 446.310

446.310, including but not limited to plan review and inspections, if the director determines that the municipality is willing and able to carry out the rules of the director relating to such authority, responsibilities and functions. The director shall review and monitor each municipality�s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a municipality is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the director for carrying out the authority, responsibility and functions under this section.

�� (2) The director shall determine, by administrative rule, the amount of fee that the municipality may charge and retain for any function undertaken pursuant to subsection (1) of this section. The amount of the fees may not exceed the costs of administering the delegated functions. The municipality, quarterly, shall remit 15 percent of the collected fees to the director for monitoring municipal programs and for providing informational material necessary to maintain a uniform state program.

�� (3) In any action, suit or proceeding arising out of municipal administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the director, the director shall be made a party to the action, suit or proceeding. [1987 c.414 �36a; 1991 c.227 �3; 2017 c.17 �40]

�� Note: 455.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.175 Restriction on city or county refusal of building permit in residential subdivision. (1) As used in this section:

�� (a) �Conditions of development� means requirements that, as part of a residential subdivision, a developer, declarant or owner must construct public improvements that are contained in:

�� (A) A development agreement under ORS 94.504 to 94.528;

�� (B) Conditions of approval under ORS 92.040, 215.416 or 227.175; or

�� (C) Any other agreement with, or conditional approval by, a local government.

�� (b) �Residential subdivision� means a residential development requiring a developer, declarant or owner to subdivide land, as defined in ORS 92.010, and to obtain a permit under ORS 215.416 or 227.175.

�� (c) �Substantial completion� means the city, county or other appropriate public body has inspected, tested and found acceptable under applicable code requirements, unless the parties agree to a lower standard:

�� (A) The water supply system;

�� (B) The fire hydrant system;

�� (C) The sewage disposal system;

�� (D) The storm water drainage system, excepting any landscaping requirements that are part of the system;

�� (E) The curbs;

�� (F) The demarcating of street signs acceptable for emergency responders; and

�� (G) The roads necessary for access by emergency vehicles.

�� (2) A city or county may not deny a building permit allowing the construction of residential dwellings under a residential subdivision on the basis that the conditions of development have not been met, if:

�� (a) Substantial completion of conditions of development for the residential subdivision occurs; and

�� (b) The developer, declarant or owner, to secure the completion of the remaining public improvements included as conditions of development for the residential subdivision:

�� (A) Obtains and maintains a bond; or

�� (B) Undertakes an alternative form of financial guarantee, if any, that is acceptable to, but may not be required by, the city or county.

�� (3) Subsection (2) of this section does not prevent a city or county from declining to issue certificates of occupancy for any residential dwellings if all conditions of development are not fully completed or the conditions for the release of the bond are not fulfilled. [2019 c.397 �1]

�� Note: 455.175 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.180 Restriction on city or county refusal to issue building permit. (1) A city or county shall not refuse to issue or otherwise deny a building permit, development permit, plumbing permit, electrical permit or other similar permit to any person applying for the permit solely because the applicant has contracted for the performance of services by a contractor, subcontractor, supplier or other person who is subject to the business license tax of the city or county and has failed to pay the tax when due.

�� (2) As used in this section, �business license tax� has the meaning given that term in ORS

ORS 446.995

446.995�� Civil penalties for violation of ORS 446.661 to 446.756 or related rules

�� 446.002 [1953 c.490 �2; 1959 c.562 �1; 1961 c.665 �1; 1967 c.247 �1; 1969 c.533 �11; 1973 c.560 �1; repealed by 1975 c.546 �9 (446.003 enacted in lieu of 446.002)]

MOBILE HOME AND MANUFACTURED DWELLING PARKS

�� 446.003 Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285. As used in ORS 446.003 to 446.200 and 446.225 to 446.285, unless the context requires otherwise or unless administration and enforcement by the State of Oregon under the existing or revised National Manufactured Housing Construction and Safety Standards Act would be adversely affected:

�� (1) �Accessory building or structure� means any portable, demountable or permanent structure established for use of the occupant of the manufactured dwelling and as further defined by rule by the Director of the Department of Consumer and Business Services.

�� (2)(a) �Alteration� means any change, addition, repair, conversion, replacement, modification or removal of any equipment or installation that may affect the operation, construction or occupancy of a manufactured dwelling.

�� (b) �Alteration� does not include:

�� (A) Minor repairs with approved component parts;

�� (B) Conversion of listed fuel-burning appliances in accordance with the terms of their listing;

�� (C) Adjustment and maintenance of equipment; or

�� (D) Replacement of equipment or accessories in kind.

�� (3) �Approved� means approved, licensed or certified by the Department of Consumer and Business Services or its designee.

�� (4) �Cabana� means a stationary, lightweight structure that may be prefabricated, or demountable, with two or more walls, used adjacent to and in conjunction with a manufactured dwelling to provide additional living space.

�� (5) �Certification� means an evaluation process by which the department verifies a manufacturer�s ability to produce manufactured dwellings to the department rules and to the department approved quality control manual.

�� (6) �Dealer� means any person engaged in the business of selling, leasing or distributing manufactured dwellings or equipment, or both, primarily to persons who in good faith purchase or lease manufactured dwellings or equipment, or both, for purposes other than resale.

�� (7) �Department� means the Department of Consumer and Business Services.

�� (8) �Director� means the Director of the Department of Consumer and Business Services.

�� (9) �Distributor� means any person engaged in selling and distributing manufactured dwellings or equipment for resale.

�� (10) �Equipment� means materials, appliances, subassembly, devices, fixtures, fittings and apparatuses used in the construction, plumbing, mechanical and electrical systems of a manufactured dwelling.

�� (11) �Federal manufactured housing construction and safety standard� means a standard for construction, design and performance of a manufactured dwelling promulgated by the Secretary of Housing and Urban Development pursuant to the federal National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

�� (12) �Imminent safety hazard� means an imminent and unreasonable risk of death or severe personal injury.

�� (13) �Insignia of compliance� means the HUD label for a manufactured dwelling.

�� (14) �Inspecting authority� or �inspector� means the Director of the Department of Consumer and Business Services or representatives as appointed or authorized to administer and enforce provisions of ORS 446.003 to 446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.990.

�� (15) �Installation� in relation to:

�� (a) Construction means the arrangements and methods of construction, fire and life safety, electrical, plumbing and mechanical equipment and systems within a manufactured dwelling.

�� (b) Siting means the manufactured dwelling and cabana foundation support and tiedown, the structural, fire and life safety, electrical, plumbing and mechanical equipment and material connections and the installation of skirting and temporary steps.

�� (16) �Installer� means any individual licensed by the director to install, set up, connect, hook up, block, tie down, secure, support, install temporary steps for, install skirting for or make electrical, plumbing or mechanical connections to manufactured dwellings or cabanas or who provides consultation or supervision for any of these activities, except architects registered under ORS 671.010 to

ORS 447.040

447.040, 693.030 and 693.040 and to issue notices of proposed assessment of civil penalties for those violations.

�� (b) A municipality that establishes a building inspection program under ORS 455.148 or an electrical inspection program under ORS 455.150 covering installations under the electrical specialty code or Low-Rise Residential Dwelling Code may act on behalf of the Electrical and Elevator Board to investigate violations of and enforce ORS 479.550 (1) and 479.620 and to issue notices of proposed assessment of civil penalties for those violations.

�� (c) A municipality that establishes a building inspection program under ORS 455.148 or 455.150 may investigate violations and enforce any provisions of the program administered by the municipality.

�� (3) The department shall establish:

�� (a) Procedures, forms and standards to carry out the provisions of this section, including but not limited to creating preprinted notices of proposed assessment of penalties that can be completed and served by municipal inspectors;

�� (b) A program to provide that all of the moneys recovered by the department, less collection expenses, be paid to the municipality that initiated the charges when a person charged with a violation as provided in subsection (2) of this section, other than a violation of a licensing requirement, agrees to the entry of an assessment of civil penalty or does not request a hearing, and an order assessing a penalty is entered against the person;

�� (c) A uniform citation process to be used in all jurisdictions of the state for violation of a licensing requirement. The process may include but need not be limited to all program areas administered by a municipality under ORS 455.148 or 455.150 and may provide a uniform method for checking license status and issuing citations for violation of a licensing requirement, and a consistent basis for enforcement of licensing requirements and treatment of violations, including fine amounts;

�� (d) A program to provide a division of the moneys recovered by the department with the municipality that initiated the charges, when a person charged with a violation as provided in subsection (2) of this section, other than a violation of a licensing requirement, requests a hearing and is assessed a penalty. One-half of the amounts recovered shall be paid to the municipality. The department shall keep an amount equal to its costs of processing the proceeding and collection expenses out of the remaining one-half and remit the balance, if any, to the municipality; and

�� (e) A program to require municipalities to investigate violations of the department�s permit requirements for plumbing installations and services under the plumbing specialty code and for plumbing and electrical installations and services under the Low-Rise Residential Dwelling Code, and to:

�� (A) Initiate notices of proposed assessment of civil penalties as agents of the boards designated in subsection (2) of this section; and

�� (B) Pay the agents of the boards out of net civil penalty recoveries as if the recoveries were under paragraphs (b) and (d) of this subsection.

�� (4) The assessment of a civil penalty under this section by a municipality is subject to the amount limitations set forth in ORS 455.895.

�� (5)(a) It shall be a defense for any person charged with a penalty for violation of a building inspection program permit requirement covering plumbing installations under the plumbing specialty code, electrical permit requirements under ORS 479.550 or plumbing or electrical requirements under the Low-Rise Residential Dwelling Code that the person was previously penalized for the same occurrence.

�� (b) A building inspection program permit requirement is a requirement contained in a specialty code or municipal ordinance or rule requiring a permit before the particular installations covered by the codes are commenced.

�� (c) A penalty for the same occurrence includes a combination of two or more of the following that are based on the same plumbing or electrical installation:

�� (A)(i) An investigative or other fee added to an electrical permit fee when a permit was obtained after the electrical installation was started;

�� (ii) A civil penalty pursuant to ORS 479.995 for violation of ORS 479.550 for failure to obtain an electrical permit;

�� (iii) A civil penalty pursuant to ORS 455.895 for failure to obtain an electrical permit under the Low-Rise Residential Dwelling Code; or

�� (iv) A municipal penalty, other than an investigative fee, for making an electrical installation under the electrical specialty code or Low-Rise Residential Dwelling Code without a permit; or

�� (B)(i) An investigative or other fee added to a plumbing permit fee when a permit was obtained after the plumbing installation was started;

�� (ii) A civil penalty pursuant to ORS 447.992 for failure to obtain a plumbing permit as required under the plumbing specialty code;

�� (iii) A civil penalty pursuant to ORS 455.895 for failure to obtain a plumbing permit under the Low-Rise Residential Dwelling Code; or

�� (iv) A municipal penalty, other than an investigative fee, for making a plumbing installation under the plumbing specialty code or Low-Rise Residential Dwelling Code without a permit. [1995 c.553 �12; 2001 c.411 �18; 2001 c.573 �6a; 2003 c.675 �24; 2005 c.758 �20; 2019 c.401 ��5,12]

�� Note: 455.156 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.157 Process for municipal imposition of monetary penalties. (1) The Legislative Assembly finds and declares that enforcement of the state building code in a fair, equitable and uniform manner throughout this state is a matter of state concern.

�� (2) If a municipality administers a building inspection program under ORS 455.148 or

ORS 447.076

447.076;

�� (b) Develop standard application forms and procedures for use by municipalities in Clackamas, Multnomah and Washington Counties when issuing structural, mechanical, electrical, plumbing and other permits when those permits do not require a review of building plans;

�� (c) Develop standard application forms and procedures for issuing building permits and recording inspections;

�� (d) Develop standard forms and procedures for reviewing building plans;

�� (e) Establish standardized criteria and methodology for determining fee amounts for permits that are required under the state building code established under ORS 455.030;

�� (f) Maintain and make available to the public the names of persons certified to review building plans;

�� (g) Maintain and make available to the public the names of persons certified to perform technical inspections; and

�� (h) Administer prepaid building permit cost accounts.

�� (2) The department may use the resources of the Tri-County Building Industry Service Center to:

�� (a) Assist local building officials in the administration and enforcement of the state building code; and

�� (b) Establish a process to facilitate the consistent application of the state building code throughout the state. [Formerly 455.844]

�� Note: See note under 455.044.

�� 455.048 Rules. In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services may adopt rules necessary for the implementation of ORS

ORS 453.455

453.455; 1991 c.480 �7; 1993 c.544 �5; 1993 c.569 �19; 1995 c.505 �18]

�� 469.480 Local government advisory group; special advisory groups; compensation and expenses; Electric and Magnetic Field Committee; rules. (1) The Energy Facility Siting Council shall designate as a special advisory group the governing body of any local government within whose jurisdiction the facility is proposed to be located.

�� (2) In addition to advisory groups required by subsection (1) of this section the council may establish such special advisory groups as are considered necessary. Such advisory groups shall include membership as determined by the council to represent interests and disciplines as needed to carry out the responsibility assigned to such advisory groups, which shall report findings, recommendations and decisions to the council.

�� (3) Subject to applicable laws regulating travel and other expenses of state officers and employees, members of any advisory committee appointed under subsection (1) of this section shall receive no compensation but may receive their actual and necessary travel and other expenses incurred in the performance of their official duties.

�� (4) The council by rule shall form an Electric and Magnetic Field Committee which shall meet at the call of the council chair. The committee shall include representatives of the public, utilities, manufacturers and state agencies. The committee shall monitor information being developed on electric and magnetic fields and report the committee�s findings to the council. The council shall report the findings of the Electric and Magnetic Field Committee to the Legislative Assembly. [Formerly

ORS 453.912

453.912.

�� (b) As used in this subsection, �vehicle� and �premises� do not include public places, as defined in ORS 161.015.

�� (2) Child neglect in the first degree is a Class B felony.

�� (3) Subsection (1) of this section does not apply if the controlled substance is marijuana and is delivered for no consideration.

�� (4) The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine. [1991 c.832 �1; 2001 c.387 �1; 2001 c.870 �11; 2005 c.708 �2; 2017 c.21 �44]

�� Note: 163.547 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.555 Criminal nonsupport. (1) A person commits the crime of criminal nonsupport if, being the parent, lawful guardian or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person knowingly fails to provide support for such child.

�� (2) It is no defense to a prosecution under this section that either parent has contracted a subsequent marriage, that issue has been born of a subsequent marriage, that the defendant is the parent of issue born of a prior marriage, that the child is being supported by another person or agency or that the defendant was adjudicated not to be a parent of the child under ORS 109.148.

�� (3) It is an affirmative defense to a prosecution under this section that the defendant has a lawful excuse for failing to provide child support.

�� (4) If the defendant intends to rely on the affirmative defense created in subsection (3) of this section, the defendant must give the district attorney written notice of the intent to do so at least 30 days prior to trial. The notice must describe the nature of the lawful excuse upon which the defendant proposes to rely. If the defendant fails to file notice as required by this subsection, the defendant may not introduce evidence of a lawful excuse unless the court finds there was just cause for the defendant�s failure to file the notice within the required time.

�� (5) Criminal nonsupport is a Class C felony. [1971 c.743 �175; 1993 c.33 �308; 1999 c.954 �3; 2005 c.502 �1; 2025 c.592 �100]

�� 163.565 Evidence of parentage; confidentiality between spouses not applicable; spouses competent and compellable witnesses. (1) Proof that a child was born during the time a person lived and cohabited with the child�s mother, or held the child�s mother out as that person�s spouse in a marriage, is prima facie evidence that the person is the parent of the child. This subsection does not exclude any other legal evidence tending to establish the parental relationship.

�� (2) No provision of law prohibiting the disclosure of confidential communications between spouses in a marriage apply to prosecutions for criminal nonsupport. A spouse is a competent and compellable witness for or against either party. [1971 c.743 �176; 2015 c.629 �30; 2017 c.651 �36]

�� 163.575 Endangering the welfare of a minor. (1) A person commits the offense of endangering the welfare of a minor if the person knowingly:

�� (a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined in ORS 167.060;

�� (b) Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled substances or cannabis is maintained or conducted;

�� (c) Induces, causes or permits a person under 18 years of age to participate in gambling as defined in ORS 167.117; or

�� (d) Sells to a person under 18 years of age any device in which cannabis, cocaine or any controlled substance, as defined in ORS 475.005, is burned and the principal design and use of which is directly or indirectly to deliver cannabis smoke, cocaine smoke or smoke from any controlled substance into the human body, including but not limited to:

�� (A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

�� (B) Carburetion tubes and devices, including carburetion masks;

�� (C) Bongs;

�� (D) Chillums;

�� (E) Ice pipes or chillers;

�� (F) Rolling papers and rolling machines; and

�� (G) Cocaine free basing kits.

�� (2) Endangering the welfare of a minor is a Class A misdemeanor. [1971 c.743 �177; 1973 c.827 �20; 1979 c.744 �8; 1981 c.838 �1; 1983 c.740 �31; 1991 c.970 �5; 1995 c.79 �52; 1999 c.1051 �153; 2011 c.597 �79; 2014 c.20 �1; 2015 c.158 �5; 2017 c.21 �45; 2017 c.701 �18]

�� 163.577 Failing to supervise a child. (1) A person commits the offense of failing to supervise a child if the person is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age and the child:

�� (a) Commits an act that brings the child within the jurisdiction of the juvenile court under ORS 419C.005;

�� (b) Violates a curfew law of a county or any other political subdivision; or

�� (c) Fails to attend school as required under ORS 339.010.

�� (2) Nothing in this section applies to a child-caring agency as defined in ORS 418.205 or to foster parents.

�� (3) In a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, it is an affirmative defense that the person:

�� (a) Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or

�� (b) Reported the act to the appropriate authorities.

�� (4) In a prosecution of a person for failing to supervise a child under subsection (1) of this section, it is an affirmative defense that the person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.

�� (5)(a) Except as provided in subsection (6) or (7) of this section, in a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, the court shall order the person to pay restitution under ORS 137.103 to 137.109 to a victim for economic damages arising from the act of the child that brings the child within the jurisdiction of the juvenile court.

�� (b) The amount of restitution ordered under this subsection may not exceed $2,500.

�� (6) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has not previously been convicted of failing to supervise a child, the court:

�� (a) Shall warn the person of the penalty for future convictions of failing to supervise a child and shall suspend imposition of sentence.

�� (b) May not order the person to pay restitution under this section.

�� (7)(a) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has only one prior conviction for failing to supervise a child, the court, with the consent of the person, may suspend imposition of sentence and order the person to complete a parent effectiveness program approved by the court. Upon the person�s completion of the parent effectiveness program to the satisfaction of the court, the court may discharge the person. If the person fails to complete the parent effectiveness program to the satisfaction of the court, the court may impose a sentence authorized by this section.

�� (b) There may be only one suspension of sentence under this subsection with respect to a person.

�� (8) The juvenile court has jurisdiction over a first offense of failing to supervise a child under this section.

�� (9) Failing to supervise a child is a Class A violation. [1995 c.593 �1; 1999 c.1051 �154; 2003 c.670 �5; 2005 c.564 �8]

�� Note: 163.577 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.580 Display of sign concerning sale of smoking devices. (1) A person who sells any of the smoking devices listed in ORS 163.575 (1)(d) shall display a sign clearly stating that the sale of such devices to persons under 18 years of age is prohibited by law.

�� (2) A person who violates this section commits a Class B violation. [1981 c.838 �2; 1999 c.1051 �155; 2015 c.158 �32; 2017 c.701 �19]

�� Note: 163.580 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.605 [1971 c.743 �287; repealed by 1985 c.366 �1]

�� 163.610 [Repealed by 1971 c.743 �432]

�� 163.620 [Repealed by 1971 c.743 �432]

�� 163.630 [Repealed by 1971 c.743 �432]

�� 163.635 [1955 c.308 �1; repealed by 1971 c.743 �432]

�� 163.640 [Repealed by 1971 c.743 �432]

�� 163.650 [Repealed by 1971 c.743 �432]

�� 163.660 [Repealed by 1971 c.743 �432]

VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN

�� 163.665 Definitions. As used in ORS 163.665 to 163.693:

�� (1) �Child� means a person who is less than 18 years of age, and any reference to a child in relation to a visual recording of the child is a reference to a person who was less than 18 years of age at the time the original image in the visual recording was created and not the age of the person at the time of an alleged offense relating to the subsequent reproduction, use or possession of the visual recording.

�� (2) �Child abuse� means conduct that constitutes, or would constitute if committed in this state, a crime in which the victim is a child.

�� (3) �Sexually explicit conduct� means actual or simulated:

�� (a) Sexual intercourse or deviant sexual intercourse;

�� (b) Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex or between humans and animals;

�� (c) Penetration of the vagina or rectum by any object other than as part of a medical diagnosis or treatment or as part of a personal hygiene practice;

�� (d) Masturbation;

�� (e) Sadistic or masochistic abuse; or

�� (f) Lewd exhibition of sexual or other intimate parts.

�� (4) �Visual depiction� includes, but is not limited to, visual recordings, pictures and computer-generated images and pictures, whether made or produced by electronic, mechanical or other means.

�� (5) �Visual recording� includes, but is not limited to, photographs, films, videotapes and computer and other digital pictures, regardless of the manner in which the recording is stored. [1985 c.557 �2; 1987 c.864 �1; 1991 c.664 �4; 1995 c.768 �4; 1997 c.719 �5; 2011 c.515 �1]

�� 163.670 Using child in display of sexually explicit conduct. (1) A person commits the crime of using a child in a display of sexually explicit conduct if the person:

�� (a) Employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording; or

�� (b) Knowingly records in a visual recording a child participating or engaging in sexually explicit conduct.

�� (2) Using a child in a display of sexually explicit conduct is a Class A felony. [1985 c.557 �3; 1987 c.864 �3; 1991 c.664 �5; 2011 c.515 �2; 2023 c.407 �2]

�� 163.672 [1991 c.664 �2; repealed by 1995 c.768 �16]

�� 163.673 [1987 c.864 �4; 1991 c.664 �6; repealed by 1995 c.768 �16]

�� 163.675 [1985 c.557 �4; repealed by 1987 c.864 �15]

�� 163.676 Exemption from prosecution under ORS 163.684. (1) No employee is liable to prosecution under ORS

ORS 453.995

453.995�� Civil penalties

GENERAL PROVISIONS

�� 453.001 Definitions for ORS 453.001 to 453.185. As used in ORS 453.001 to 453.185, unless the context requires otherwise:

�� (1) �Authority� means the Oregon Health Authority.

�� (2) �Director� means the Director of the Oregon Health Authority. [1973 c.829 �15b; 2001 c.900 �200; 2009 c.595 �878; 2021 c.513 �1]

HAZARDOUS SUBSTANCES

(Generally)

�� 453.005 Definitions for ORS 453.005 to 453.135. As used in ORS 453.005 to 453.135 unless the context requires otherwise:

�� (1) �Combustible� means any substance that has a flash point above 80 degrees Fahrenheit to and including 140 degrees, as determined by the Tagliabue Open Cup Tester.

�� (2) �Commerce� means any and all commerce within the State of Oregon and subject to the jurisdiction thereof and includes the operation of any business or service establishment.

�� (3) �Corrosive� means any substance that in contact with living tissue will cause destruction of tissue by chemical action, but does not refer to action on inanimate surfaces.

�� (4) �Electrical hazard� means an article that because of its design or manufacture may cause personal injury or illness by electric shock when in normal use or when subjected to reasonably foreseeable damage or abuse.

�� (5) �Extremely flammable� means any substance that has a flash point at or below 20 degrees Fahrenheit as determined by the Tagliabue Open Cup Tester.

�� (6) �Flammable� means any substance that has a flash point of above 20 degrees to and including 80 degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester.

�� (7) �Hazardous substance� means:

�� (a) Any substance that is toxic, corrosive, an irritant, a strong sensitizer, flammable, combustible, or generates pressure through decomposition, heat or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children, or any substance that the Director of the Oregon Health Authority finds, pursuant to the provisions of ORS 453.005 to 453.135, comes within the definition of this paragraph.

�� (b) Any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the director determines that the substance is sufficiently hazardous to require labeling in accordance with ORS

ORS 455.030

455.030 and 455.110.

�� (6) The director, by rule, shall establish uniform standards for a municipality to allow an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code in areas where the local jurisdiction determines that the fire apparatus means of approach to a property or water supply serving a property does not meet applicable fire code or state building code requirements. The alternate method of construction, which may include but is not limited to the installation of automatic fire sprinkler systems, must be approved in conjunction with the approval of an application under ORS 197A.402.

�� (7) For lots of record existing before July 2, 2001, or property that receives any approval for partition, subdivision or construction under ORS 197A.402 before July 2, 2001, a municipality allowing an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code may apply the uniform standards established by the director pursuant to subsection (6) of this section. For property that receives all approvals for partition, subdivision or construction under ORS 197A.402 on or after July 2, 2001, a municipality allowing an alternate method of construction to the requirements for one and two family dwellings built to the Low-Rise Residential Dwelling Code must apply the uniform standards established by the director pursuant to subsection (6) of this section.

�� (8) The director, by rule, shall establish uniform standards for a municipality to allow alternate approval of construction related to conversions of single-family dwellings into no more than four residential dwelling units built to the Low-Rise Residential Dwelling Code that received occupancy approval prior to January 1, 2020. The standards established under this subsection must include standards describing the information that must be submitted before an application for alternate approval will be deemed complete.

�� (9)(a) A building official described in ORS 455.148 or 455.150 must approve or deny an application for alternate approval under subsection (8) of this section no later than 15 business days after receiving a complete application.

�� (b) A building official who denies an application for alternate approval under this subsection shall provide to the applicant:

�� (A) A written explanation of the basis for the denial; and

�� (B) A statement that describes the applicant�s appeal rights under subsection (10) of this section.

�� (10)(a) An appeal from a denial under subsection (9) of this section must be made through a municipal administrative process. A municipality shall provide an administrative process that:

�� (A) Is other than a judicial proceeding in a court of law; and

�� (B) Affords the party an opportunity to appeal the denial before an individual, department or body that is other than a plan reviewer, inspector or building official for the municipality.

�� (b) A decision in an administrative process under this subsection must be completed no later than 30 business days after the building official receives notice of the appeal.

�� (c) Notwithstanding ORS 455.690, a municipal administrative process required under this subsection is the exclusive means for appealing a denial under subsection (9) of this section.

�� (11) The costs incurred by a municipality under subsections (9) and (10) of this section are building inspection program administration and enforcement costs for the purpose of fee adoption under ORS 455.210. [1987 c.604 �2; 1991 c.366 �1; 1991 c.558 �1; 1991 c.945 �6; 1993 c.419 �1; 1993 c.744 �97; 2001 c.702 �1; 2003 c.675 ��31,32; 2005 c.435 �1; 2019 c.401 ��6,13; 2019 c.639 �9]

�� 455.612 [2021 c.592 �12; 2023 c.611 �11; repealed by 2025 c.590 �1]

�� 455.614 [2021 c.592 �12c; repealed by 2025 c.590 �1]

�� 455.615 [2017 c.394 �2; repealed by 2019 c.401 �16]

�� 455.616 Construction standards for small homes. (1) As used in this section, �small home� means a dwelling that is not more than 400 square feet in size.

�� (2) The Director of the Department of Consumer and Business Services shall adopt construction standards for small homes for incorporation into the state building code. The construction standards for small homes must include, but need not be limited to, standards that:

�� (a) Allow sleeping lofts; and

�� (b) Allow the use of ladders or alternate tread devices as the primary means of egress from a sleeping loft. [2019 c.401 �9]

�� Note: 455.616 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.620 [1987 c.604 �3; repealed by 1991 c.366 �2]

�� 455.622 Certification of inspectors; rules. Notwithstanding ORS 447.020, 455.715 to 455.740, 479.810 (3) or 479.855, the Department of Consumer and Business Services shall adopt education, training and examination requirements that allow certification of inspectors to perform inspections on one and two family dwellings under one or more aspects of the Low-Rise Residential Dwelling Code adopted under ORS 455.610 to 455.630. [1995 c.553 �10; 2003 c.675 �33]

�� Note: 455.622 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.625 Rules for permits; schedule of inspections. The Director of the Department of Consumer and Business Services shall, by rule, adopt:

�� (1) A list of information required for low-rise residential dwelling building permits; and

�� (2) A priority schedule for low-rise residential dwelling inspections and plan review requirements. [1987 c.604 �5; 1997 c.658 �3; 2003 c.675 �34]

�� 455.626 Rules for accommodating technology. The Director of the Department of Consumer and Business Services shall adopt, amend or repeal the state building code as necessary to establish viable standards for providing advanced telecommunications and cable service technology to newly constructed low-rise residential dwellings. [1999 c.329 �2; 2003 c.675 �48]

�� Note: 455.626 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.627 Minor electrical installation inspection program; rules. The Department of Consumer and Business Services, in consultation with the Residential and Manufactured Structures Board, shall adopt rules to create a mandatory random inspection program for minor electrical installations made by electrical contractors in low-rise residential dwellings. [1995 c.53 �13; 2003 c.675 �35; 2009 c.567 �21]

�� Note: 455.627 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.628 Plan review exemption. (1) The Department of Consumer and Business Services or a municipality administering and enforcing a building inspection program under ORS 455.148 or

ORS 455.042

455.042 and 455.046.

�� (2) The Director of the Department of Consumer and Business Services may adopt by rule a reasonable fee schedule for the purpose of recovering the costs incurred by the department in providing services under ORS 455.046. Fees adopted and imposed under this section shall be in addition to the total building permit fees otherwise imposed in Clackamas, Multnomah and Washington Counties. A municipality shall collect fees adopted and imposed under this section and remit the fees to the department. [Formerly 455.842]

�� Note: 455.044 to 455.048 were added to and made a part of ORS chapter 455 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.046 Installation labels; standardized forms and procedures; use of Tri-County Building Industry Service Center resources. (1) The Department of Consumer and Business Services shall:

�� (a) Develop and administer an installation label program for minor installations under the state building code, including but not limited to electrical installations under ORS 455.627, 479.540 and 479.570 and plumbing installations under ORS

ORS 455.044

455.044 and 455.046. [Formerly 455.846]

�� Note: See note under 455.044.

�� 455.050 Building permits; content. All building permits issued in this state shall contain the following information:

�� (1) The name and address of the owner of the building or structure to be constructed or altered under the permit;

�� (2) The name and address of the builder or contractor, if known, who will perform the construction or alteration; and

�� (3) The street address and legal description or tax lot number of the property on which construction or alteration will occur. [Formerly 456.887]

�� Note: 455.050 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.055 Uniform permit, inspection and certificate of occupancy requirements; rules. The Director of the Department of Consumer and Business Services may adopt rules establishing uniform permit, inspection and certificate of occupancy requirements under the state building code. The rules may include, but need not be limited to, rules establishing standards for building inspections and inspection procedures and rules establishing uniform forms for certificates of occupancy. In adopting rules under this section, the director may establish a process for a municipality to address conditions that are unique to the municipality�s enforcement of the state building code or that are not addressed by the rules establishing uniform permit, inspection and certificate of occupancy requirements. [2007 c.549 �2]

�� Note: 455.055 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.058 Investigation fee for work commenced without permit; rules. (1) Except as provided in subsection (2) of this section, the Department of Consumer and Business Services, or a municipality administering and enforcing a building inspection program, may assess an investigation fee against a person that is required to obtain a permit for work on the electrical, gas, mechanical, elevator, boiler, plumbing or other systems of a building or structure if the work is commenced before the permit required for the work is obtained. The amount of the investigation fee shall be the average or actual additional cost of ensuring that a building, structure or system is in conformance with state building code requirements that results from the person not obtaining a required permit before work for which the permit is required commences.

�� (2) This section does not apply to:

�� (a) An emergency repair required for health, safety, the prevention of property damage or the prevention of financial harm if the required building permit for the repair is obtained no later than five business days after commencement of the repair; or

�� (b) Any project for which construction, alteration, repair, maintenance or installation in a building or structure prior to obtaining a permit is expressly authorized by law.

�� (3) The department may adopt rules and establish policies and procedures for use by the department or municipalities in assessing an investigation fee under this section. [2013 c.324 �2]

�� Note: 455.058 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.060 Rulings on acceptability of material, design or method of construction; effect of approval; fees. (1) Any person who desires to use or furnish any material, design or method of construction or installation in the state, or any building official, may request the Director of the Department of Consumer and Business Services to issue a ruling with respect to the acceptability of any material, design or method of construction about which there is a question under any provision of the state building code. Requests shall be in writing and, if made by anyone other than a building official, shall be made and the ruling issued prior to the use or attempted use of such questioned material, design or method.

�� (2) In making rulings, the director shall obtain the approval of the appropriate advisory board as to technical and scientific facts and shall consider the standards and interpretations published by the body that promulgated any nationally recognized model code adopted as a specialty code of this state.

�� (3) A copy of the ruling issued by the director shall be certified to the person making the request. Additional copies shall be transmitted to all building officials in the state. The director shall keep a permanent record of all such rulings, and shall furnish copies thereof to any interested person upon payment of such fees as the director may prescribe.

�� (4) A building official or inspector shall approve the use of any material, design or method of construction approved by the director pursuant to this section if the requirements of all other local ordinances are satisfied. [Formerly 456.845]

�� 455.062 Provision of technical submissions. (1) A Department of Consumer and Business Services employee acting within the scope of that employment may provide typical drawings and specifications:

�� (a) For structures of a type for which the provision of technical submissions is exempted under ORS 671.030 from the application of ORS 671.010 to 671.220 and exempted under ORS 672.060 from the registration requirements of ORS 672.002 to

ORS 455.117

455.117, subsection (1) of this section applies to contractor or business licenses by the Electrical and Elevator Board, the Board of Boiler Rules or the State Plumbing Board.

�� (3) The director shall establish rules to implement the system described in this section. The rules must establish the combinations of licenses for which a simultaneous issuance or renewal is offered, the term and expiration date for the combination, the appropriate fees for administering the system, the criteria for issuance and renewal and the other standards and criteria deemed by the Department of Consumer and Business Services to be necessary to administer and enforce the system. [2003 c.136 �2; 2005 c.758 �18]

�� Note: 455.122 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.125 Denial, suspension, conditioning or revocation of license, certificate, registration or other authorization. (1) As used in this section, �person� includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company.

�� (2) In addition to any other sanction, remedy or penalty provided by law, the Director of the Department of Consumer and Business Services or an appropriate advisory board may deny, suspend, condition or revoke a registration, certification, license or other authority of a person to perform work or conduct business issued under laws administered by the Department of Consumer and Business Services or advisory board if the person:

�� (a) Fails to comply with a provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS chapter 447, 460 or 693, or with any rule adopted under those statutes or under ORS 455.117; or

�� (b) Engages in an act for which the Construction Contractors Board imposes a sanction on the holder under ORS 701.098.

�� (3) For purposes of ORS 701.106, a compliance failure described in subsection (2)(a) of this section for which the director or an advisory board denies, suspends, conditions or revokes a registration, certification, license or other authority of a person to perform work or conduct business may be treated as a failure to be in conformance with this chapter. [2003 c.361 �2; 2005 c.758 �19; 2007 c.306 �1; 2013 c.324 �7]

�� Note: 455.125 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.127 Disqualification from obtaining license, registration, certificate or certification. (1) As used in this section, �person� includes individuals, corporations, associations, firms, partnerships, limited liability companies, joint stock companies, public agencies and an owner or holder of a direct or indirect interest in a corporation, association, firm, partnership, limited liability company or joint stock company.

�� (2) The Director of the Department of Consumer and Business Services, the Department of Consumer and Business Services or an appropriate advisory board may disqualify a person from obtaining or renewing a license, registration, certificate or certification if the person:

�� (a) Is or has been subject to civil penalties, revocation, cancellation or suspension of a license, registration, certificate or certification or other sanction by the director, department or an advisory board; or

�� (b) Is or has been directly involved in an act for which the director, department or an advisory board has levied civil penalties, revoked, canceled or suspended a license, registration, certificate or certification or imposed other sanction while the person served as a principal, director, officer, owner, majority shareholder, member or manager of a limited liability company or in another capacity with direct or indirect control over another business.

�� (3) A disqualification under subsection (2) of this section shall be for a period determined by the director, department or appropriate advisory board by rule, not to exceed five years. If a person applies for reinstatement of a revoked license, registration, certificate or certification after the period of disqualification, the person must meet the qualifications for initial issuance of the license, registration, certificate or certification. [2005 c.416 �2; 2005 c.758 �56h]

�� Note: 455.127 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.129 Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application. (1) As used in this section, �relative� means an individual related within the third degree as determined by the common law, a spouse, an individual related to a spouse within the third degree as determined by the common law or an individual in an adoptive relationship within the third degree as determined by the common law.

�� (2) Subject to ORS chapter 183, a regulatory body listed in subsection (3) of this section may deny a license, certificate, registration or application or may suspend, revoke, condition or refuse to renew a license, certificate or registration if the regulatory body finds that the licensee, certificate holder, registrant or applicant:

�� (a) Has failed to comply with the laws administered by the regulatory body or with the rules adopted by the regulatory body.

�� (b) Has failed to comply with an order of the regulatory body or the Director of the Department of Consumer and Business Services, including but not limited to the failure to pay a civil penalty.

�� (c) Has filed an application for a license, certificate or registration that, as of the date the license, certificate or registration was issued or the date of an order denying the application, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was incorrect or misleading in any respect.

�� (d) Has performed work without appropriate licensing, certification or registration or has employed individuals to perform work without appropriate licensing, certification or registration.

�� (e) Has advertised or otherwise held out as being a licensed, certified or registered specialty code contractor without holding the appropriate specialty code contractor license, certificate or registration.

�� (f) As a partner, officer, member or employee of a business, has advertised or held out that the business is a licensed, certified or registered specialty code contractor if the business does not possess the appropriate specialty code contractor license, certificate or registration.

�� (g) Has engaged in business as a specialty code contractor without holding a valid specialty code contractor license, certificate or registration required for the business.

�� (h) Has failed to meet any condition or requirement to obtain or maintain a license, certificate or registration.

�� (i) Has acted in a manner creating a serious danger to the public health or safety.

�� (j) Has performed work or operated equipment within the scope of a specialty code license, certificate or registration in a manner that violates an applicable minimum safety standard or a statute or rule regarding safety.

�� (k) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by the Construction Contractors Board or has failed to pay a civil penalty imposed by the board.

�� (L) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by another state in regard to construction standards, permit requirements or construction-related licensing violations or has failed to pay a civil penalty imposed by the other state in regard to construction standards, permit requirements or construction-related licensing violations.

�� (m) Has, while performing work that requires or that is related to work that requires a valid license or certificate under ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to

ORS 455.150

455.150 is subject to the provisions of this section. Where the provisions of this section conflict with provisions under ORS 455.010 to 455.310 and 455.410 to 455.740, the provisions of this section shall control.

�� (2)(a) Except as otherwise provided in this section, any city or county that wishes to establish a program under ORS 455.150 to enforce and administer ORS 479.510 to 479.945 and 479.995, including a program for inspection under a master permit pursuant to ORS 479.560 (3), must first make application to the Department of Consumer and Business Services. The program for inspection under a master permit shall be delegated separately from the general electrical program authorization. The department may authorize the city or county to administer and enforce the provisions of this section and ORS 479.540 and 479.560 if it finds that the city or county can comply with the minimum standards and meet the qualifications for inspections, permit applications and other matters to assure adequate administration and enforcement of electrical inspection programs. The department may authorize the city or county to administer and enforce ORS

ORS 455.395

455.395 and 455.400:

�� (1) �Seismic rehabilitation� means construction of structural improvements to a building that result in the increased capability of the building to resist earthquake forces and that are based on standards adopted by the State of Oregon or by local governments.

�� (2) �Seismic rehabilitation agreement� means an agreement between a local government entity and a building owner pursuant to a seismic rehabilitation program for the phased completion of structural improvements to the owner�s building.

�� (3) �Seismic rehabilitation data� means data contained in any documents, reports, studies, test results, papers, files or other records that result from a seismic rehabilitation survey or are contained in a seismic rehabilitation agreement. �Seismic rehabilitation data� does not include data or reports required by ORS 455.447 or rules adopted pursuant thereto.

�� (4) �Seismic rehabilitation program� means any program enacted under an ordinance of a local government entity that provides for the seismic rehabilitation of buildings within the jurisdiction of the entity and authorizes the rehabilitation to be phased over a period of time not to exceed 10 years.

�� (5) �Seismic rehabilitation survey� means any investigation, survey, audit or other process for generating data from which the local government entity and the building owner may determine and agree upon the deficiencies that need to be addressed in a plan for the seismic rehabilitation of the owner�s building. [1995 c.400 �1]

�� Note: 455.390 to 455.400 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.395 Admissibility of data or agreements as evidence; immunity from certain causes of action. (1) No seismic rehabilitation data or seismic rehabilitation agreement is admissible in evidence to prove negligence or culpable acts or omissions in connection with injury, death or loss that occurs in an owner�s building as a result of the failure of the building to adequately withstand a seismic event. Such data or agreements are considered privileged and are excluded from evidence admitted in any legal action for the recovery of damages arising from the building�s failure due to seismic activity.

�� (2) A person may not maintain a cause of action against a building owner for injury, death or loss that occurs in the owner�s building as a result of a failure of the building to adequately withstand a seismic event, provided the owner was in substantial compliance with the terms and conditions of a seismic rehabilitation agreement on the date of the seismic event.

�� (3) The provisions of subsection (2) of this section shall apply only for the period during which the seismic rehabilitation agreement is in effect. [1995 c.400 �2]

�� Note: See note under 455.390.

�� 455.400 Effect of seismic rehabilitation provisions on exclusive remedy. Nothing in ORS 455.020, 455.390 and 455.395 and this section shall be construed as expanding or limiting the exclusive means by which subject workers and their beneficiaries are compensated for injury, death or disease arising out of and in the course of employment as provided in ORS chapter 656. [1995 c.400 �6]

�� Note: See note under 455.390.

�� Note: Section 3, chapter 797, Oregon Laws 2001, provides:

�� Sec. 3. Educational building seismic rehabilitation. Subject to available funding, if a building evaluated under section 2 (4), chapter 797, Oregon Laws 2001, is found by a board to pose an undue risk to life safety during a seismic event, the governing board of a public university listed in ORS 352.002, local school district board, community college board or education service district board, as appropriate, shall develop a plan for seismic rehabilitation of the building or for other actions to reduce the risk. For a board that is subject to ORS 291.224, the board�s plan to rehabilitate or take other action to reduce the seismic risk of a building must be included in the capital construction program of the board. A board that is subject to ORS 291.224 shall rank the relative benefit of projects to reduce seismic risk in comparison with other life safety and code requirement projects. Subject to availability of funding, all seismic rehabilitations or other actions to reduce seismic risk must be completed before January 1, 2032. If the building is listed on a national or state register of historic places or properties or is designated as a landmark by local ordinance, the plan for seismic rehabilitation or other action shall be developed in a manner that gives consideration to preserving the character of the building. [2001 c.797 �3; 2013 c.768 �162; 2015 c.767 �177]

(Miscellaneous Provisions)

�� 455.405 Recreational vehicle conversion to structure. (1) A recreational vehicle that has a title issued by the Department of Transportation does not qualify as a structure. If a recreational vehicle is being converted to use as a structure, at the time of commencing the conversion the owner shall surrender the title and any registration issued for the recreational vehicle to the department for cancellation. A recreational vehicle that is converted to use as a structure is subject to the state building code.

�� (2) There is a rebuttable presumption that a recreational vehicle has been converted to use as a structure if the recreational vehicle is located outside of a mobile home park as defined in ORS 446.003 and:

�� (a) Has been rendered structurally immobile; or

�� (b) Has direct attachment to utilities. [2019 c.585 �4]

�� Note: 455.405 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.410 Relocated buildings; substantial compliance required; permits. (1) Existing buildings or structures which are removed from their foundation and relocated to another site within this state shall be in substantial compliance as defined in subsections (2) and (3) of this section.

�� (2) �Substantial compliance� means compliance with local construction codes in effect as of the original permit date of the building or structure, or where there was no permitting required at the time of original construction, with basic health and safety standards, as described in the closest dated Uniform Housing Code, as published by the International Conference of Building Officials as of the date of construction. Only the insulation, overhead and underneath the structure, shall be upgraded to the current insulation requirements of the state building code, or to the maximum extent possible subject to the design of the structure. Nothing in this statute shall be construed to mean that all heating, plumbing and electrical systems shall be replaced with systems meeting current standards for new construction, except that any life-threatening deficiencies in those systems shall be repaired, notwithstanding that the cost of rehabilitation may exceed 50 percent of the value of the structure before rehabilitation.

�� (3) All foundation and basement construction on the structure and any remodeling at the new location shall be constructed subject to all applicable local current building and safety codes, or where none exist, with the applicable standards as described in the Uniform Housing Code described in subsection (2) of this section.

�� (4) All moved houses shall be provided with either battery-operated or hard-wired smoke detection devices located in accordance with the provisions of the state building code.

�� (5) Nothing in this section is intended to permit any person to move a structure unless the person first consults the appropriate building inspection authority and obtains all required permits. [Formerly 456.756; 1989 c.1068 �1]

�� 455.412 Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules. (1) The Department of Consumer and Business Services shall amend the state building code as necessary for the purpose of reducing the frequency of false alarms from smoke alarms and smoke detectors. Rules adopted under this section shall be designed to address smoke alarms and smoke detectors in single family and multifamily dwellings, hotels and lodging houses and shall not apply to recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine vessels and manufactured dwellings.

�� (2) As used in this section, �smoke alarm� and �smoke detector� shall have the meanings provided in ORS 479.250. [1999 c.307 �18]

�� 455.415 Identification badges. (1) A person who is licensed by the State Plumbing Board or the Department of Consumer and Business Services pursuant to ORS 460.057, 460.059, 479.630,

ORS 455.459

455.459, 455.461, 455.467, 455.475 or 455.477 is intended to limit, supersede or otherwise affect the rights, obligations or professional activities of an inspector engaged in the business of providing prefabricated structure plan approvals and inspections, as defined in ORS 455.715, pursuant to ORS 455.715 to 455.740. [1999 c.1045 �28]

�� Note: See note under 455.479.

�� 455.483 Electrical and plumbing code plan review; rules. (1) The Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt rules to make electrical code plan review mandatory only for complex structures located in jurisdictions that offer electrical code plan review services.

�� (2) The department shall adopt rules to make plumbing code plan review mandatory only for complex structures located in jurisdictions that offer plumbing code plan review services.

�� (3) Notwithstanding any rules adopted pursuant to subsections (1) and (2) of this section, an owner of a complex structure or the owner�s agent may request and receive plan review and inspections for any electrical and plumbing materials and installations that are subject to the state building code. [2003 c.367 �5; 2005 c.661 �1]

�� Note: 455.483 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.485 Special consideration for rural or remote areas; determination of compliance with fire, life safety and other building code standards. (1) When adopting the state building code, the Director of the Department of Consumer and Business Services shall give special consideration to the unique needs of construction in rural or remote parts of this state.

�� (2) Notwithstanding any description of State Fire Marshal duties in ORS 476.030,

ORS 455.525

455.525 and this section. [Formerly 456.745 and then 456.742; 2003 c.675 �30; 2009 c.567 ��6,20]

�� 455.535 Exercise of departmental authority and discretion to aid in reduction of greenhouse gas emissions; priorities and departmental decision making; actions and consultations; goal setting; investigations; approval of advisory boards and committees; reports; update of Reach Code; rules. (1) The Department of Consumer and Business Services shall, after obtaining approval from the appropriate advisory board and as the department�s responsibilities relate to efficiency or resiliency in buildings:

�� (a) Exercise any and all authority and discretion the department has available under applicable law to help to facilitate, at a minimum, emissions reductions consistent with the greenhouse gas emissions reduction goals specified in ORS 468A.205;

�� (b) In addition to the department�s existing responsibilities, prioritize and take such actions as are necessary to accelerate reductions in greenhouse gas emissions, including but not limited to rulemaking processes; and

�� (c) Consider and integrate the prevention or reduction of impacts from climate change and the state�s greenhouse gas emissions reduction goals into the department�s planning, budgeting, investment and policy-making decisions, which must involve, at a minimum:

�� (A) Prioritizing actions that reduce greenhouse gas emissions in a cost-effective manner;

�� (B) Prioritizing actions that help vulnerable populations and environmental justice communities, as defined in ORS 469A.400, adapt to impacts from climate change; and

�� (C) Consulting with the Environmental Justice Council when evaluating priorities the department sets and actions the department takes to adapt to and mitigate the impacts from climate change.

�� (2)(a) In addition to the general directives specified in subsection (1) of this section, the department, after obtaining approval from the appropriate advisory board, shall contribute to the state�s achievement of greenhouse gas emissions reduction goals and the mitigation of impacts from climate change by:

�� (A) Setting goals for improved energy efficiency in buildings for each code development cycle; and

�� (B) Investigating the potential benefits and the feasibility of updating building ventilation standards and of specifying standards for air cleaners present in building mechanical systems and in occupied indoor spaces.

�� (b) To carry out the directives specified in paragraph (a)(A) of this subsection, the Department of Consumer and Business Services shall:

�� (A) Obtain the approval of the department�s advisory boards and committees and consult with the State Department of Energy to specify energy efficiency goals for new residential and commercial construction that aim to achieve by 2030, at each new residential or commercial building site, at least a 60 percent reduction in annual energy consumption from standards specified in the statewide building code and applicable specialty codes that were in effect in 2006, excluding consumption of electricity in transportation or in powering appliances or other loads that the statewide building code or specialty codes do not regulate;

�� (B) Consult with the State Department of Energy and seek approval of the appropriate advisory boards to identify metrics derived from best practices and academic research to inform updates to the statewide building code and applicable specialty codes specifying a baseline for, and achievable reductions in, energy consumption;

�� (C) Report not later than December 31 of every third year, beginning with December 31, 2023, to an interim committee of the Legislative Assembly related to the environment concerning:

�� (i) The Department of Consumer and Business Services� evaluation of progress toward achieving the goals the department specifies under subparagraph (A) of this paragraph; and

�� (ii) Options for achieving the goals over the course of the subsequent three updates to the statewide building code and applicable specialty codes;

�� (D) Outline and evaluate for feasibility in the report described in subparagraph (C) of this paragraph a range of available options for achieving steady progress toward the goals described in subparagraph (A) of this paragraph over the course of scheduled updates to the statewide building code and applicable specialty codes that occur up until 2030; and

�� (E) Update the Reach Code described in ORS 455.500 through rulemaking and after obtaining approval from the appropriate advisory boards to reflect incremental progress toward the goals specified in subparagraph (A) of this paragraph each time the Department of Consumer and Business Services updates the statewide building code and applicable specialty codes.

�� (3) In carrying out the directives set forth in this section, the Department of Consumer and Business Services shall consider industry standards including, where appropriate, standards promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. [2023 c.442 �6]

�� Note: 455.535 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Energy Conservation Standards for Public Buildings)

�� 455.560 Definitions for ORS 455.560 to 455.580. As used in ORS 455.560 to 455.580, unless the context requires otherwise:

�� (1) �Department� means the Department of Consumer and Business Services.

�� (2) �Director� means the Director of the Department of Consumer and Business Services.

�� (3) �Person� means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people�s utility district, or any other entity, public or private, however organized.

�� (4) �Public buildings� means any building, including outdoor area adjacent thereto, which is open to the public during normal business hours, except exempted buildings. Each of the following is a public building within the meaning of ORS 455.560 to

ORS 455.580

455.580, unless it or any portion thereof is exempted by rule or order pursuant to ORS 455.570 (2), (3) and (4):

�� (a) Any building which provides facilities or shelter for public assembly, or which is used for educational, office or institutional purposes;

�� (b) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise;

�� (c) Any portion of an industrial plant building used primarily as office space; or

�� (d) Any building owned by the state or political subdivision thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas and university buildings. [Formerly 456.746; 1993 c.744 �96]

�� 455.565 Purpose of ORS 455.560 to 455.580. It is the purpose of ORS 455.560 to 455.580 to promote, encourage and require measures to conserve energy in public buildings. [Formerly 456.744]

�� 455.570 Maximum lighting standards for new public buildings; exemptions. (1) After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in this chapter, shall establish maximum lighting standards for public buildings constructed on or after July 1, 1978. Such standards may distinguish between type of design, the uses to which buildings are put, location, age or any other applicable classification.

�� (2) Such standards shall allow for:

�� (a) Differences in lighting levels within public buildings for special areas and uses, including but not limited to hospital, drafting room, and advertising display, and for other areas and activities requiring special illumination.

�� (b) The interaction between lighting and heating systems.

�� (c) Occupational safety and health standards.

�� (3) The director may by rule or order exempt from the maximum lighting standards, new public buildings or portions thereof that:

�� (a) Are of insufficient size to warrant maximum lighting standard regulations;

�� (b) Should be allowed a specific period of time before compliance with maximum lighting standards is required;

�� (c) Are difficult or impractical to regulate based upon location;

�� (d) Are not open to the public during normal business hours;

�� (e) Are impractical to regulate, based upon unique design; or

�� (f) Would not be benefited by regulation, based upon the insignificant amount of energy possible to conserve.

�� (4) Any person subject to ORS 455.560 to 455.580 may apply to the director for an exemption under this section. [Formerly 456.747; 2009 c.567 �7]

�� 455.573 Outdoor shielded lighting fixtures; waiver by municipality. (1) Public buildings constructed on or after January 1, 2010, or on which outdoor lighting fixtures attached to the building are replaced on or after January 1, 2010, shall have installed to the greatest practicable extent shielded lighting fixtures for outdoor use.

�� (2) Notwithstanding ORS 455.020 and 455.040, a municipality may enact an ordinance or resolution that meets or exceeds the requirements established under subsection (1) of this section.

�� (3) If a municipality determines that the use of shielded lighting is not practical for a public building because of the historical character of the building or for other reasons, the municipality may waive the requirements for the use of shielded lighting established under this section.

�� (4) As used in this section, �shielded lighting� means a lighting fixture that has a covering or is designed to ensure that direct or indirect light rays emitted from the fixture are projected below a horizontal plane running through the lowest light-emitting point of the fixture. [2009 c.588 �6]

�� 455.575 Advisory lighting standards for public buildings constructed before July 1, 1978. After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in ORS chapter 183, shall establish advisory maximum lighting standards for public buildings constructed before July 1, 1978, based on the factors set forth in ORS 455.570. [Formerly 456.748; 2009 c.567 �8]

�� 455.580 Status of powers of director. The powers and duties given the Director of the Department of Consumer and Business Services by ORS 455.560 to 455.580 shall be in addition to, and not in derogation of, all other powers, duties and responsibilities vested in the director. [Formerly 456.749]

�� 455.595 Energy Efficient Construction Account. The State Treasurer is authorized to establish an Energy Efficient Construction Account for the purpose of providing energy engineering and technical assistance studies to state and other public buildings. Moneys credited to this account from payments for energy engineering or technical assistance studies and other revenues as authorized by the appropriate legislative review agency are continuously appropriated for the payment of these expenses. [1987 c.206 �6]

�� Note: 455.595 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

LOW-RISE RESIDENTIAL DWELLING CODE; SMALL HOMES

�� 455.610 Low-Rise Residential Dwelling Code; alternate methods of construction; alternate approval for conversion; appeal; rules. (1) The Director of the Department of Consumer and Business Services shall adopt, and amend as necessary, a Low-Rise Residential Dwelling Code that contains all requirements, including structural design provisions, related to the construction of residential dwellings three stories or less above grade. The code provisions for plumbing and electrical requirements must be compatible with other specialty codes adopted by the director. The Electrical and Elevator Board, the Mechanical Board and the State Plumbing Board shall review, respectively, amendments to the electrical, mechanical or plumbing provisions of the code.

�� (2) Changes or amendments to the code adopted under subsection (1) of this section may be made when:

�� (a) Required by geographic or climatic conditions unique to Oregon;

�� (b) Necessary to be compatible with other statutory provisions;

�� (c) Changes to the national codes are adopted in Oregon; or

�� (d) Necessary to authorize the use of building materials and techniques that are consistent with nationally recognized standards and building practices.

�� (3) Notwithstanding ORS 455.030, 455.035, 455.110 and 455.112, the director may, at any time following appropriate consultation with the Mechanical Board or Building Codes Structures Board, amend the mechanical specialty code or structural specialty code to ensure compatibility with the Low-Rise Residential Dwelling Code.

�� (4) The water conservation provisions for toilets, urinals, shower heads and interior faucets adopted in the Low-Rise Residential Dwelling Code shall be the same as those adopted under ORS 447.020 to meet the requirements of ORS 447.145.

�� (5) The Low-Rise Residential Dwelling Code shall be adopted and amended as provided by ORS

ORS 455.800

455.800 to 455.820, including but not limited to rules establishing application, examination, certification and renewal fees. [2001 c.406 �3]

�� Note: See note under 455.800.

�� 455.815 Establishment of master builder programs; waiver of inspections; builder verification of performance. (1) Local government establishment of a master builder program is voluntary. A local government electing to establish or terminate a program shall notify the Department of Consumer and Business Services. If terminating a program, the local government must give the notice six months before the program terminates.

�� (2) The Department of Consumer and Business Services may implement a master builder program in one or more geographic areas for which the department provides plan review or inspection services. A department decision to include an area as a participant in the program affects only those areas, and those reviews or inspections, for which the department provides services instead of a local government. The department shall notify a county prior to implementing a master builder program in areas of the county that are served by the department.

�� (3) A local government may not allow an individual to perform the duties of a master builder unless the local government has a master builder program. The department may allow an individual to perform the duties of a master builder in any geographic area administered by the department.

�� (4) A building official of a government having a master builder program may waive plan review elements by that government and may waive government performance of one or more of the required inspections identified by department rule, including but not limited to inspections described in subsection (6) of this section, if:

�� (a) An individual certified as a master builder submits construction plans for a one or two family dwelling regulated by the Low-Rise Residential Dwelling Code; and

�� (b) The building official determines that:

�� (A) The work is not of a highly technical nature; and

�� (B) There is no unreasonable potential risk to safety of the structure.

�� (5) A building official may not waive government performance of plan review or required inspections for:

�� (a) Special design applications that are complex and highly technical engineered systems; or

�� (b) Unique building sites, including but not limited to sites containing geologic hazards such as landslide hazard areas, floodplains and wetlands.

�� (6) Subject to subsections (3) to (5) of this section, a building official may allow a master builder to verify that the master builder has properly performed an installation on a project and, to the extent that inspection would duplicate the verification conducted by the master builder, may waive government performance of the following required inspections:

�� (a) Drywall;

�� (b) Footings and setbacks;

�� (c) Foundation walls, Ufer grounding rods and rebar;

�� (d) Insulation;

�� (e) Masonry fireplace pre-cover;

�� (f) Masonry rebar;

�� (g) Gutters, downspouts and foundation drains;

�� (h) Roof sheathing nailing;

�� (i) Suspended ceilings;

�� (j) Underfloor structural; and

�� (k) Wall sheathing nailing. [2001 c.406 �4; 2003 c.675 �40]

�� Note: See note under 455.800.

�� 455.820 Plan review and verification; documentation; duties of building official; effect of waiver revocation. (1) A master builder must perform all plan review and required verifications for which government review or inspection has been waived by a building official. The master builder shall maintain copies of all documents and reports required by the government granting the waiver and provide those copies to the building official.

�� (2) When waiving government performance of plan review or required inspections, a building official shall require the master builder to sign a form that specifically identifies each waiver and states that the master builder accepts the duty of performing the review and verifications. A master builder who accepts the duty of performing a review or verification remains responsible for that duty unless released by written and signed permission of the building official. A building official may release a master builder from a review or verification duty by a written and signed assumption of the review or inspection duty by the building official or written and signed assumption of the review and verification duty by another master builder.

�� (3) A building official for a government that has a master builder program:

�� (a) Must conduct inspections of at least 10 percent of projects that are built under a master builder program;

�� (b) May revoke a waiver for a plan review or required inspection if the master builder fails to properly perform, or document performance of, review or verification duties; and

�� (c) Must notify the Department of Consumer and Business Services when the official revokes a waiver pursuant to paragraph (b) of this subsection.

�� (4) When revoking a waiver, a building official shall provide the master builder with a release under subsection (2) of this section from future performance of review or verification duties. A release does not relieve a master builder from liability for the failure to perform, or document performance of, review or verification duties prior to the revocation of the waiver.

�� (5) A government having a master builder program has no legal duty with regard to plan review or required inspections properly waived under ORS 455.815 and accepted by a master builder in a signed form described under subsection (2) of this section. This subsection does not release a government from a duty arising due to a waiver revocation under subsection (3) of this section or an assumption under subsection (2) of this section.

�� (6) A local government may refuse to grant recognition to a certified master builder if a waiver granted to the master builder under that government�s master builder program has been revoked pursuant to subsection (3)(b) of this section. If a waiver is revoked pursuant to subsection (3)(b) of this section, a local government or building official may send a recommendation to the department for action against the master builder who was granted the waiver. The local government or building official may also send the department any information supporting the recommendation. [2001 c.406 �5]

�� Note: See note under 455.800.

(Temporary provisions relating to a lumber grading training pilot program)

�� Note: Sections 1, 2 and 3, chapter 625, Oregon Laws 2025, provide:

�� Sec. 1. (1) The Oregon State University Extension Service shall, in consultation with the Department of Consumer and Business Services, establish a basic lumber grading training pilot program to be offered annually through the extension service. Establishment of the pilot program under this subsection must include a determination of the:

�� (a) General requirements for successfully completing the pilot program.

�� (b) Requirements for initial certification and recertification.

�� (c) Content of the pilot program. At minimum, the content of the pilot program must include:

�� (A) A minimum of eight instructional hours, including hands-on practice with physical lumber samples; and

�� (B) Instruction in regionally relevant species identification, moisture content considerations and visual grading criteria for structural dimension lumber.

�� (d) Certification requirements for instructors teaching the pilot program. At minimum, to be certified instructors must:

�� (A) Demonstrate substantial expertise in visual lumber grading through:

�� (i) A valid grader certification from an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber;

�� (ii) Seven years of professional experience in lumber grading, quality control or wood products education, with demonstrated knowledge of visual grading rules applicable to regionally relevant species; or

�� (iii) Equivalent qualifications approved by the extension service based on professional history, training and relevant industry involvement; and

�� (B) Maintain continued competency through industry involvement, refresher coursework or other methods approved by the extension service.

�� (2) The extension service shall issue certifications and recertifications to those individuals who have successfully completed the pilot program.

�� (3) An individual who holds an initial certification as having successfully completed the pilot program must be recertified every five years. [2025 c.625 �1]

�� Sec. 2. (1) As used in this section:

�� (a) �Self-graded lumber� means lumber graded by an individual who is certified to grade lumber through the pilot program established under section 1 of this 2025 Act.

�� (b) �Third-party graded lumber� means lumber bearing a valid grade stamp from a grading agency accredited by an organization that administers an accreditation program for the grademarking of lumber produced under a system that is the basis for the sale and purchase of softwood lumber.

�� (2) The Department of Consumer and Business Services shall establish by rule a process by which a builder, designer or owner may use lumber that is tested and approved by an individual who is certified under section 1 of this 2025 Act.

�� (3) The process established under subsection (2) of this section:

�� (a) May not establish, create or accept any new grade or design value as part of the state�s building code.

�� (b) Shall permit the use of self-graded lumber only for structures that are subject to the Oregon Residential Specialty Code.

�� (c) Shall require that the intent of a builder, design professional, contractor and homeowner to use self-graded lumber must be disclosed in writing at the time of the building permit application. Disclosure under this paragraph must be made to an inspector who is licensed by the department or a municipality administering and enforcing a building inspection program. The writing required under this paragraph must be filed with the county clerk, who shall make the writing a part of the permanent deed record of the property.

�� (d) Shall include that the lumber used for self-graded lumber must originate from a known source, requiring a documented relationship or permit between the lumber owner and the purchaser of the milled lumber.

�� (4)(a) No manufacturer, distributor, wholesaler, retailer or grader of third-party graded lumber may be held liable in whole or in part for a failure of or defect in self-graded lumber incorporated in the same structure.

�� (b) This subsection applies only to structures permitted under subsection (3)(b) of this section in which self-graded lumber is incorporated. [2025 c.625 �2]

�� Sec. 3. Sections 1 and 2 of this 2025 Act are repealed on January 2, 2033. [2025 c.625 �3]

�� 455.840 [Formerly 705.700; repealed by 2003 c.675 �49]

�� 455.842 [Formerly 705.705; 2003 c.675 �41; 2005 c.833 �5; renumbered 455.044 in 2005]

�� 455.844 [Formerly 705.710; 2003 c.675 �42; 2005 c.833 ��6,10; renumbered 455.046 in 2005]

�� 455.846 [Formerly 705.715; 2003 c.675 �43; renumbered 455.048 in 2005]

�� 455.848 [Formerly 705.720; repealed by 2003 c.675 �49]

PENALTIES

�� 455.895 Civil penalties. (1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165.

�� (b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850.

�� (c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS

ORS 455.897

455.897�� Criminal penalties

ADMINISTRATION

(Generally)

�� 455.010 Definitions for ORS chapter 455. As used in this chapter, unless the context requires otherwise:

�� (1)(a) �Advisory board� means the board with responsibility for assisting in the adoption, amendment or administration of a specialty code, specifically:

�� (A) The Building Codes Structures Board established under ORS 455.132;

�� (B) The Electrical and Elevator Board established under ORS 455.138;

�� (C) The State Plumbing Board established under ORS 693.115;

�� (D) The Board of Boiler Rules established under ORS 480.535;

�� (E) The Residential and Manufactured Structures Board established under ORS 455.135;

�� (F) The Mechanical Board established under ORS 455.140; or

�� (G) The Construction Industry Energy Board established under ORS 455.492.

�� (b) �Appropriate advisory board� means the advisory board that has jurisdiction over a particular code, standard, license, certification or matter.

�� (2) �Department� means the Department of Consumer and Business Services.

�� (3) �Director� means the Director of the Department of Consumer and Business Services.

�� (4) �Low-Rise Residential Dwelling Code� means the adopted specialty code prescribing standards for the construction of residential dwellings that are three stories or less above grade and have an exterior door for each dwelling unit, but are not facilities or homes described in ORS 443.400 or transient lodging.

�� (5) �Municipality� means a city, county or other unit of local government otherwise authorized by law to administer a building code.

�� (6) �Prefabricated structure�:

�� (a) Means a building or subassembly that has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site.

�� (b) Does not mean a manufactured dwelling.

�� (7) �Specialty code�:

�� (a) Means a code of regulations adopted under ORS 446.062, 446.185, 447.020 (2), 455.020 (2),

ORS 456.270

456.270.

�� (16) The department shall adopt rules to implement and carry out the provisions of this section. [2017 c.666 �1; 2021 c.57 �7]

�� Note: 456.502 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 456.505 [Repealed by 2023 c.193 �27]

SUBSIDIZED DEVELOPMENT VISITABILITY

�� 456.506 Findings. The Legislative Assembly finds and declares that:

�� (1) People with disabilities and senior citizens over 85 years of age are the fastest growing population in Oregon. The second fastest growing population in Oregon are the members of the massive baby boom generation, who will, as they age, demand services and accommodations at an unprecedented rate.

�� (2) The policy of this state is to encourage the design and construction of dwellings that enable easy access by individuals with mobility impairments and that are adaptable to allow continued use by aging occupants. [2003 c.431 �1]

Note: 456.506 to 456.514 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 456 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 456.508 Definitions for ORS 456.510 and 456.513. As used in ORS 456.510 and 456.513:

�� (1) �Accessible� means that housing complies with federal accessibility guidelines implementing the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601 et seq., as amended and in effect on January 1, 2004.

�� (2) �Common living space� means a living room, family room, dining room or kitchen.

�� (3) �Contiguous units� means units that are on the same tax lot or on contiguous tax lots that have a common boundary. Tax lots that are separated by a public road are contiguous tax lots for purposes of this subsection.

�� (4) �New� means that the housing being constructed did not previously exist in residential or nonresidential form. �New� does not include the acquisition, alteration, renovation or remodeling of an existing structure.

�� (5) �Powder room� means a room containing at least a toilet and sink.

�� (6) �Rental housing� means a dwelling unit designed for nonowner occupancy under a tenancy typically lasting six months or longer.

�� (7) �Subsidized development� means housing that receives one or more of the following development subsidies from the Housing and Community Services Department:

�� (a) The federal low-income housing tax credit under 26 U.S.C. 42(a), if no part of the eligible basis prior to the application of 26 U.S.C. 42(i)(2)(B) was financed with an obligation described in 26 U.S.C. 42(h)(4)(A), all as amended and in effect on January 1, 2004;

�� (b) An agriculture workforce housing tax credit, as described in ORS 315.164;

�� (c) A loan that qualifies the lending institution for a subsidized housing loan tax credit, as described in ORS 317.097;

�� (d) Funding under the federal HOME Investment Partnerships Act, 42 U.S.C. 12721 to 12839, as amended and in effect on January 1, 2004;

�� (e) Moneys from the Oregon Housing Fund created under ORS 458.620; or

�� (f) Moneys from other grant or tax incentive programs administered by the Housing and Community Services Department under ORS 456.559.

�� (8) �Visitable� means capable of being approached, entered and used by individuals with mobility impairments, including but not limited to individuals using wheelchairs. [2003 c.431 �2; 2013 c.750 �27]

�� Note: See note under 456.506.

�� 456.510 Visitability requirements. (1) Except as provided in this section and ORS 456.513, the Housing and Community Services Department may not provide funding for the development of new rental housing that is a subsidized development unless:

�� (a) Each dwelling unit of the housing meets the following requirements:

�� (A) At least one visitable exterior route leading to a dwelling unit entrance that is stepless and has a minimum clearance of 32 inches.

�� (B) One or more visitable routes between the visitable dwelling unit entrance and a visitable common living space.

�� (C) At least one visitable common living space.

�� (D) One or more visitable routes between the dwelling unit entrance and a powder room.

�� (E) A powder room doorway that is stepless and has a minimum clearance of 32 inches.

�� (F) A powder room with walls that are reinforced in a manner suitable for handrail installation.

�� (G) Light switches, electrical outlets and environmental controls that are at a reachable height.

�� (b) For a development that has a shared community room or that has 20 or more contiguous units, there is at least one powder room available for all tenants and guests that is accessible.

�� (2) For a multistory structure without an elevator, this section applies only to dwelling units on the ground floor of the structure.

�� (3) This section does not apply to agriculture workforce housing as defined in ORS 315.163 that is located on a farm. [2003 c.431 �3; 2013 c.750 �28]

�� Note: See note under 456.506.

�� 456.513 Exemption from visitability requirements. The Housing and Community Services Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of ORS 456.510 if the department determines that the exemption is warranted by:

�� (1) The topography at the construction site;

�� (2) Community and design standards;

�� (3) Undue costs or constraints; or

�� (4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing. [2003 c.431 �4]

�� Note: See note under 456.506.

�� 456.514 Rules. The Housing and Community Services Department shall adopt rules for implementing, administering and enforcing ORS

ORS 456.766

456.766.

�� (2)(a) To facilitate the development of affordable housing in this state, the Public Utility Commission may allow a public utility to sell, or to convey at below market price or as a gift, the public utility�s interest in real property for the purpose of the real property being used for the development of affordable housing.

�� (b) The instrument that conveys, or contracts to convey, the public utility�s interest in the real property must include an affordable housing covenant as provided in ORS 456.270 to 456.295.

�� (3) A public utility may not recover costs from customers for selling, or conveying at below market price or as a gift, the public utility�s interest in real property under this section.�� [2023 c.223 �29]

�� Note: 757.482 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 757.483 Condemnation or acquisition of service territory or property of electric company by electric utility; stranded costs obligation. (1) For purposes of this section:

�� (a) �Electric company� has the meaning given that term in ORS 757.600.

�� (b) �Electric utility� has the meaning given that term in ORS 757.600.

�� (c) �Retail electricity consumer� has the meaning given that term in ORS 757.600.

�� (2) Upon the request of an electric company, the Public Utility Commission shall establish a stranded costs obligation payable by an electric utility to an electric company in association with a condemnation or transaction described in subsection (3) of this section.

�� (3)(a) An electric utility that condemns the service territory or property of an electric company, or acquires property pursuant to a transaction described in ORS

ORS 456.788

456.788 (4) does not apply, a written notice that provides the earliest date that the affordability restriction could be terminated, in the form prescribed by the Housing and Community Services Department by rule. [2025 c.141 �2]

�� Note: 90.308 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.310 Disclosure of legal proceedings; tenant remedies for failure to disclose; liability of manager. (1) If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord shall disclose that circumstance to the tenant in writing before the execution of the rental agreement:

�� (a) Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustee�s sale under a trust deed;

�� (b) Any pending suit to foreclose a mortgage, trust deed or vendor�s lien under a contract of sale;

�� (c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or

�� (d) Any pending proceeding to foreclose a tax lien.

�� (2) If the tenant moves as a result of a circumstance that the landlord failed to disclose as required by subsection (1) of this section, the tenant may recover twice the actual damages or twice the monthly rent, whichever is greater, and all prepaid rent, in addition to any other remedy that the law may provide.

�� (3) This section shall not apply to premises managed by a court appointed receiver.

�� (4) A manager who has complied with ORS 90.305 shall not be liable for damages under this section if the manager had no knowledge of the circumstances that gave rise to a duty of disclosure under subsection (1) of this section. [Formerly 91.766; 1997 c.249 �31]

�� 90.315 Utility or service payments; additional charges; responsibility for utility or service; remedies. (1) As used in this section:

�� (a) �Public service� means municipal services and the provision of public resources related to the dwelling unit, including street maintenance, transportation improvements, public transit, public safety and parks and open space.

�� (b)(A) �Public service charge� means a charge imposed on a landlord by a utility or service provider, by a utility or service provider on behalf of a local government or directly by a local government.

�� (B) �Public service charge� does not include real property taxes, income taxes, business license fees or dwelling inspection fees.

�� (c) �Sewer service� includes storm water service and wastewater service.

�� (d) �Utility or service� includes but is not limited to electricity, natural or liquid propane gas, oil, water, hot water, heat, air conditioning, cable television, direct satellite or other video subscription services, Internet access or usage, sewer service, public services and garbage collection and disposal.

�� (2) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that benefits, directly, the landlord or other tenants. A tenant�s payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant�s dwelling unit.

�� (3) If the landlord knowingly fails to disclose those matters required under subsection (2) of this section, the tenant may recover twice the actual damages sustained or one month�s rent, whichever is greater.

�� (4)(a) Except for tenancies covered by ORS 90.505 to 90.850, if a written rental agreement so provides, a landlord may require a tenant to pay to the landlord a utility or service charge or a public service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly, or for a public service provided indirectly, to the tenant�s dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant�s dwelling unit.

�� (b)(A) If a rental agreement provides that a landlord may require a tenant to pay a utility or service charge, the landlord must bill the tenant in writing for the utility or service charge within 30 days after receipt of the provider�s bill. If the landlord includes in the bill to the tenant a statement of the rent due, the landlord must separately and distinctly state the amount of the rent and the amount of the utility or service charge.

�� (B) The landlord must provide to the tenant, in the written rental agreement or in a bill to the tenant, an explanation of:

�� (i) The manner in which the provider assesses a utility or service charge; and

�� (ii) The manner in which the charge is allocated among the tenants if the provider�s bill to the landlord covers multiple tenants.

�� (C) The landlord must:

�� (i) Include in the bill to the tenant a copy of the provider�s bill; or

�� (ii) If the provider�s bill is not included, state that the tenant may inspect the provider�s bill at a reasonable time and place and that the tenant may obtain a copy of the provider�s bill by making a request to the landlord during the inspection and upon payment to the landlord for the reasonable cost of making copies.

�� (D) A landlord may require that a bill to the tenant for a utility or service charge is due upon delivery of the bill. A landlord shall treat the tenant�s payment as timely for purposes of ORS 90.302 (3)(b)(A) if the payment is made by a date that is specified in the bill and that is not less than 30 days after delivery of the bill.

�� (E) If a written rental agreement so provides, the landlord may deliver a bill to the tenant as provided in ORS 90.155 or by electronic means.

�� (c) Except as provided in this paragraph, a utility or service charge may only include the cost of the utility or service as billed to the landlord by the provider. A landlord may add an additional amount to a utility or service charge billed to the tenant if:

�� (A) The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage;

�� (B) The additional amount is not more than 10 percent of the utility or service charge billed to the tenant;

�� (C) The total of the utility or service charge and the additional amount is less than the typical periodic cost the tenant would incur if the tenant contracted directly with the provider for the cable television, direct satellite or other video subscription services or for Internet access or usage;

�� (D) The written rental agreement providing for the utility or service charge describes the additional amount separately and distinctly from the utility or service charge; and

�� (E) Any billing or notice from the landlord regarding the utility or service charge lists the additional amount separately and distinctly from the utility or service charge.

�� (d)(A) A landlord must provide 60 days� written notice to a tenant before the landlord may amend an existing rental agreement for a month-to-month tenancy to require a tenant to pay a public service charge that was adopted by a utility or service provider or a local government within the previous six months.

�� (B) A landlord may not hold a tenant liable for a public service charge billed to a previous tenant.

�� (C) A landlord may not require a tenant to agree to the amendment of an existing rental agreement, and may not terminate a tenant for refusing to agree to the amendment of a rental agreement, if the amendment would obligate the tenant to pay an additional amount for cable television, direct satellite or other video subscription services or for Internet access or usage as provided under paragraph (c) of this subsection.

�� (e) A utility or service charge, including any additional amount added pursuant to paragraph (c) of this subsection, is not rent or a fee. Nonpayment of a utility or service charge is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 but is grounds for termination of a rental agreement for cause under ORS 90.392.

�� (f) If a landlord fails to comply with paragraph (a), (b), (c) or (d) of this subsection, the tenant may recover from the landlord an amount equal to one month�s periodic rent or twice the amount wrongfully charged to the tenant, whichever is greater.

�� (5)(a) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service prior to moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

�� (A) Pay the outstanding amount and deduct the amount from the rent;

�� (B) Enter into a mutual agreement with the landlord to resolve the lack of service; or

�� (C) Immediately terminate the rental agreement by giving the landlord actual notice and the reason for the termination.

�� (b) If the tenancy terminates, the landlord shall return all moneys paid by the tenant as deposits, rent or fees within four days after termination.

�� (6) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service after moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

�� (a) Pay the outstanding amount and deduct the amount from the rent; or

�� (b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service or the availability of service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

�� (A) Within four days after termination, all rent and fees; and

�� (B) All of the security deposit owed to the tenant under ORS 90.300.

�� (7) If a landlord, under the rental agreement, is responsible for a utility or service and the utility or service is shut off due to a nonpayment of an outstanding amount, the tenant may either:

�� (a) Pay the outstanding balance and deduct the amount from the rent; or

�� (b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

�� (A) Within four days after termination, all rent prepaid for the month in which the termination occurs prorated from the date of termination or the date the tenant vacates the premises, whichever is later, and any other prepaid rent; and

�� (B) All of the security deposit owed to the tenant under ORS 90.300.

�� (8) If a landlord fails to return to the tenant the moneys owed as provided in subsection (5), (6) or (7) of this section, the tenant shall be entitled to twice the amount wrongfully withheld.

�� (9) This section does not preclude the tenant from pursuing any other remedies under this chapter. [Formerly 91.767; 1993 c.786 �2; 1995 c.559 �14; 1997 c.577 �16; 1999 c.603 �18; 2005 c.391 �19; 2009 c.816 �4a; 2011 c.503 �7; 2015 c.388 �8]

�� 90.316 Carbon monoxide alarm. (1) Unless a dwelling unit contains one or more properly functioning carbon monoxide alarms installed in compliance with State Fire Marshal rules and with any applicable requirements of the state building code when a tenant takes possession of the dwelling unit, a landlord may not enter into a rental agreement creating a new tenancy in the dwelling unit if the dwelling unit:

�� (a) Contains a carbon monoxide source; or

�� (b) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft.

�� (2) The landlord shall provide a new tenant with alarm testing instructions as described in ORS

ORS 456.950

456.950]

(Mercury Thermostats)

�� 455.355 Rules governing mercury thermostats. (1) The Director of the Department of Consumer and Business Services shall, by rule:

�� (a) Prohibit the installation of thermostats that contain mercury in commercial and residential buildings. The director may not, under rules developed pursuant to this paragraph, prohibit the installation of thermostats that contain mercury on industrial equipment used for safety controls.

�� (b) Establish a uniform notification and process for disposal and delivery of mercury thermostats by persons installing heating, ventilation or air conditioning systems. Persons installing heating, ventilation or air conditioning systems shall dispose of mercury thermostats according to the process established pursuant to this paragraph.

�� (2) As used in this section, �thermostat� means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. [2001 c.924 �3]

�� Note: 455.355 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Carbon Monoxide)

�� 455.360 Carbon monoxide alarms. (1) As used in this section, �carbon monoxide alarm� has the meaning given that term in ORS 105.836.

�� (2) A carbon monoxide alarm is required in a structure that:

�� (a) Is new construction or that undergoes reconstruction, alteration or repair for which a building permit is required; and

�� (b) Is identified under the structural specialty code as a residential Group R structure.

�� (3) A carbon monoxide alarm required by this section must be installed in accordance with the manufacturer�s instructions and any applicable requirements of the state building code. [2009 c.591 �8]

�� Note: 455.360 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Radon)

�� 455.365 Radon mitigation standards. (1) The Building Codes Structures Board and the Residential and Manufactured Structures Board shall adopt design and construction standards for mitigating radon levels in new residential buildings that are identified under the structural specialty code as Group R-2 or R-3 buildings and new public buildings. In adopting the standards, the boards shall give consideration to any standards recommended by the United States Environmental Protection Agency for radon mitigation systems in buildings.

�� (2) The boards shall make the design and construction standards for mitigating radon levels applicable in:

�� (a) Baker, Clackamas, Hood River, Multnomah, Polk, Washington and Yamhill Counties; and

�� (b) Any county for which the boards, after consultation with the Oregon Health Authority, consider the standards appropriate due to local radon levels.

�� (3) The Director of the Department of Consumer and Business Services may authorize a municipality that administers and enforces one or more building inspection programs under ORS 455.148 or 455.150 to also administer and enforce any applicable standards for mitigating radon that are adopted by the boards.

�� (4) The director, in consultation with the boards, may adopt rules for the implementation, administration and enforcement of this section. [2010 c.83 �2]

�� Note: 455.365 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Agriculture Workforce Housing)

�� 455.380 Department as final authority on agriculture workforce housing; rules; fees. (1) Notwithstanding the provisions of ORS 455.148 and 455.150, the Department of Consumer and Business Services is the final authority in interpretation, execution and enforcement of state and municipal administration of building codes and rules with respect to construction of agriculture workforce housing as defined in ORS 315.163.

�� (2) The department shall provide for a statewide uniform application and method of calculating permit fees for agriculture workforce housing as defined in ORS

ORS 456.975

456.975]

�� Note: See note under 455.640.

MUNICIPAL REVIEW AND INSPECTION

(Generally)

�� 455.675 Authorized substitutions in codes adopted by reference. For the purposes of the codes of regulations adopted under this chapter, unless the context clearly indicates otherwise, the following substitutions shall be made in any code adopted by reference as part of the state building code:

�� (1) �Building official� for �administrative authority.�

�� (2) �Governing body� for �mayor� and �city council.�

�� (3) �Municipality� for �city,� �county� or other unit of local government. [Formerly 456.875; 1999 c.1045 �17]

�� 455.680 Plan approval and permits for recreation or picnic park or camp; license; rules. (1) Plan approval and permits shall be obtained from the Department of Consumer and Business Services prior to construction, enlargement or alteration of any recreation park, picnic park or organizational camp as defined in ORS 446.310.

�� (2) If the department determines that the work conforms to the approved plans and specifications, it shall issue a final approval which shall, if all other conditions of ORS 455.010 to 455.240, 455.410 to 455.450 and 455.595 to 455.740 are met, authorize the issuance of a license by the Oregon Health Authority to operate the park or, in the case of then currently licensed parks, shall authorize continued operation for the remaining part of the licensing year.

�� (3) In accordance with ORS 455.010 to 455.240, 455.410 to 455.450 and 455.595 to 455.740 and in consultation and agreement with the authority, the department shall adopt rules to carry out this section. The rules adopted pursuant to this section shall be a specialty code as defined in ORS 455.010. [Formerly 446.337 and then 456.837; 1997 c.259 �2; 2009 c.595 �938]

�� 455.685 Review of plans and specifications to determine compliance; effect of approval; fees. The Director of the Department of Consumer and Business Services may, upon an application setting forth a set of plans and specifications that will be utilized in one or more municipalities to acquire building permits, review and approve the application for the construction or erection of any building or structure if such set of plans meets the requirements of the state building code. All costs incurred by the director by virtue of the examination of such a set of plans and specifications shall be paid by the applicant. The plans and specifications or any plans and specifications required to be submitted to a state agency shall be submitted to the director who shall examine the instruments and if necessary distribute them to the appropriate state agencies for scrutiny regarding adequacy as to fire safety, life safety and all other appropriate features. The state agencies shall examine and promptly return the plans and specifications together with their certified statement as to the adequacy of the instruments regarding that agency�s area of concern. The applicant shall submit the plans and specifications to a local building official prior to application for a building permit. The local building official shall review the plan for those features required by local ordinance or by any site-specific, geographic, geologic or climatic code requirements. A local building official shall issue a building permit upon application and presentation to the local building official of such a set of plans and specifications bearing the approval of the director if the requirements of all other local ordinances are satisfied. The director or local building official may assess such fees as necessary to recover the reasonable costs incurred to ensure the compliance of the plans and specifications with the state building code. [Formerly 456.840; 1997 c.856 �3]

�� 455.690 Appeal to advisory boards. Any person aggrieved by the final decision of a municipal appeals board or a subordinate officer of the Department of Consumer and Business Services as to the application of any provision of a specialty code may, within 30 days after the date of the decision, appeal to the appropriate advisory board. The appellant shall submit a fee of $20, payable to the department, with the request for appeal. The final decision of the involved municipality or state officer shall be subject to review and final determination by the appropriate advisory board as to technical and scientific determinations related to the application of the specialty code involved. [Formerly 456.850; 1993 c.744 �98]

�� 455.700 Validity of certain building permits. Building permits or certificates of occupancy validly issued before July 1, 1974, regarding buildings or structures being constructed or altered pursuant thereto, shall be valid thereafter and the construction may be completed pursuant to the building permit, unless the building official determines that life or property is in jeopardy. [Formerly 456.855]

�� 455.705 Prefabricated structures plan approval and inspections; approval of business or persons performing inspections; rules; fees; manufacturer compliance program; insignia of compliance or certification stamp required for certain transactions. (1) A manufacturer of prefabricated structures or manufacturer of prefabricated structure components may not contract with a municipality or a person to perform prefabricated structure plan approvals or inspections unless the person providing the plan approvals or inspections is certified or approved under subsection (2) of this section or is providing plan approvals or inspections for a prefabricated structure that is exempt under ORS 455.312 (1).

�� (2)(a) A person may not engage in plan approvals or inspections for a structure without being certified under ORS 455.715 to 455.740 or 479.810 unless the person is providing plan approvals or inspections for a structure that is exempt under ORS 455.312 (1).

�� (b) Except as provided in this paragraph, a person may not engage in the business of providing plan approvals or inspections for a structure without an approval issued by the Department of Consumer and Business Services. This paragraph does not apply to plan approval or inspection of a structure that is exempt under ORS 455.312 (1).

�� (3) In accordance with any applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services shall establish by rule a system for approval and regulation of businesses and persons who perform prefabricated structure plan approvals or inspections. This subsection does not authorize the director to require or regulate plan approval or inspection of a prefabricated structure that is exempt under ORS 455.312 (1). The system shall include but not be limited to the following provisions:

�� (a) Prescribing the form and content of and the times and procedures for submitting an application for the issuance or renewal of an approval.

�� (b) Prescribing the term of the approval and the fee for the original issue and renewal in an amount that does not exceed the cost of administering the approval system. The charge for review and approval of a third party inspection service shall not exceed, for the original issue, $400 and for the renewal, $200.

�� (c) Prescribing the conditions for initial issuance, renewal and maintenance of the approval for a person certified under ORS 455.715 to 455.740 or 479.810, including but not limited to the following provisions:

�� (A) Procedures and reports for plan approvals and inspections;

�� (B) Ethical practices and prohibitions of conflicts of interests with manufacturers of prefabricated structures and manufacturers and suppliers of parts and services;

�� (C) Insurance compliance requirements;

�� (D) Procedures for use and application of insignia of compliance; and

�� (E) Fees for and procedures for use and application of certification stamps.

�� (d) Prescribing other actions or circumstances that constitute failure to achieve or maintain approval competency or that otherwise constitute a danger to the public health or safety and for which the director may refuse to issue or renew or may suspend or revoke a certification, permit or certificate.

�� (e) Prescribing the authority of the department to perform oversight monitoring including but not limited to:

�� (A) Right of entry and access to third party records and information;

�� (B) Frequency, type and extent of the oversight monitoring and inspection of third party agencies and manufacturing facilities; and

�� (C) Frequency and description of information to be submitted as part of the monitoring process.

�� (f) Prescribing fees for monitoring conducted by the department at the manufacturing plant site or at third party inspection service locations, which fees shall not exceed $60 per hour.

�� (4)(a) The department shall establish by rule a manufacturer compliance program to allow for plan approvals or inspections of prefabricated structures or prefabricated structure components at the facility at which the prefabrication takes place, including but not limited to the following provisions:

�� (A) Quality assurance programs;

�� (B) Procedures for use and application of insignia of compliance; and

�� (C) Fees for and procedures for use and application of certification stamps.

�� (b) A manufacturer of prefabricated structures shall provide the department with written notice at least 60 days before a manufacturer may provide for plan approval or inspection service as allowed under subsection (2) of this section.

�� (c) The department is not required to provide plan approval for or inspection of any prefabricated structure or prefabricated structure components unless the department has been notified in writing by the manufacturer of the prefabricated structure 180 days in advance of the proposed assumption of department inspections.

�� (5) A person may not rent, lease, sell, exchange, install or offer for rent, lease, sale, exchange or installation within this state a prefabricated structure constructed on or after July 1, 1991, unless it bears an insignia of compliance or certification stamp issued by the department or a third party indicating compliance with this state�s building regulations and standards for prefabricated structures. The prohibition in this subsection does not apply to a prefabricated structure described in ORS 455.312 (1) or (2). A prefabricated structure with an insignia of compliance or certification stamp shall be acceptable to municipalities as meeting the state building code regulations. Prefabricated structures constructed prior to July 1, 1991, are subject to the building code regulations in effect at the time of original construction.

�� (6) The provisions of this section do not apply to employees of the Department of Consumer and Business Services and testing laboratories approved under ORS chapters 447 and 479.

�� (7) For purposes of this section, �insignia of compliance� means the plate affixed to a structure by the Department of Consumer and Business Services or a third party to signify compliance with all state building code requirements for which the structure was inspected.

�� (8) Prefabricated structures or components found by the department or a third party to represent a danger to public health or safety shall be brought into compliance with building code regulations or removed from the state.

�� (9) All plan approvals and inspections of prefabricated structures and prefabricated components constructed at manufacturing plants outside of Oregon but intended for delivery into Oregon shall be performed by the department or conducted under ORS 455.430. [1995 c.304 �3; 2005 c.310 �3; 2019 c.422 �21]

�� Note: 455.705 was added to and made a part of 455.010 to 455.740 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Inspectors)

�� 455.715 Definitions for ORS 455.715 to 455.740. As used in ORS 455.715 to 455.740, unless the context otherwise requires:

�� (1) �Building official� means a person charged by a municipality with responsibility for administration and enforcement of the state building code in the municipality.

�� (2) �Business of providing prefabricated structure plan approvals and inspections� means an independent contractor providing prefabricated structure plan approval or inspection services, or both, under the following specialty codes, as provided in this section and ORS 455.020 and 455.705:

�� (a) Structural;

�� (b) Mechanical;

�� (c) Plumbing;

�� (d) Electrical; and

�� (e) Low-rise residential dwelling.

�� (3) �Inspector� means:

�� (a) A person, including a plans examiner, acting under the authority and direction of a building official and charged with the responsibility of routine enforcement of one or more specialty codes or parts of specialty codes;

�� (b) A person, including a plans examiner, who provides enforcement of one or more specialty codes or parts of specialty codes and who is personally in the business of providing prefabricated structure plan approvals or inspections or is employed by such a business;

�� (c) A specialized building inspector certified under ORS 455.723 who is employed or otherwise authorized by a municipality or by the Department of Consumer and Business Services;

�� (d) A person employed or otherwise authorized by a municipality or the department who is certified under ORS 455.732 to perform inspections under one or more specialty codes throughout a building code administrative region; or

�� (e) A person designated by the Director of the Department of Consumer and Business Services to ensure compliance with a specialty code or with any requirement for a license, registration, certification, endorsement or other authorization to perform work related to the administration and enforcement of the state building code. [Formerly 456.805; 1991 c.361 �1; 1995 c.304 �5; 2003 c.675 �37; 2009 c.593 ��5,6; 2013 c.110 �4; 2021 c.599 �10]

�� 455.720 Standards and qualifications for personnel; rules. (1) In accordance with applicable provisions of ORS chapter 183, to promote effective and uniform enforcement of the state building code by improving the competence of building officials and inspectors, the Director of the Department of Consumer and Business Services, with the advice of the advisory boards, shall:

�� (a) Establish for building officials and inspectors reasonable minimum training and experience standards, including but not limited to courses or subjects for instruction, facilities for instruction, qualification of instructors and methods of instruction. The standards must include provisions for determining a practical experience equivalent that may consist of completion of an apprenticeship program.

�� (b) Establish a procedure to be used by municipalities to determine whether a person meets minimum standards or has minimum training to be appointed or employed as a building official or inspector. The procedure must allow for a field examination of a person to determine if the person meets the practical experience equivalent of a minimum standard.

�� (c) Subject to such terms, conditions and classifications as the director may impose, certify building officials as being qualified, and revoke such certifications in the manner provided in ORS 455.740.

�� (d) Require an applicant for a certificate as a building official or inspector to demonstrate knowledge of the laws governing accessibility to buildings by persons with disabilities by passing an examination prescribed by the director.

�� (2) The director shall maintain and, upon request of municipalities, furnish information on applicants for appointment or employment as building officials or inspectors.

�� (3) Pursuant to ORS chapter 183, the director shall adopt rules necessary to carry out the certification programs provided by subsection (1) of this section.

�� (4) The director, by rule, may require evidence of completion of continuing education covering any certification created under this section as a condition of maintaining the certification. Nothing in this subsection shall prohibit the director from delegating any of this power to a municipality.

�� (5) The director, with the advice of the appropriate advisory boards, may adopt rules for certifying inspectors as being qualified to enforce one or more particular specialty codes, subject to any terms, conditions and classifications the director may impose, and for revoking those certifications in the manner provided in ORS 455.740. [Formerly 456.810; 1989 c.224 �119; subsection (4) enacted as 1991 c.361 �5; 1999 c.527 �1; 2001 c.104 �197; 2005 c.758 �21b; 2007 c.70 �257; 2025 c.241 �2]

�� Note: Sections 1 and 3, chapter 241, Oregon Laws 2025, provide:

�� Sec. 1. (1)(a) The Department of Consumer and Business Services shall assist and provide staff support to the Oregon Building Officials Association for the purpose of developing and submitting to the State Apprenticeship and Training Council a proposal to establish an apprenticeship program for building inspectors that meets the requirements set forth in ORS 660.002 to 660.210 and qualifies as the practical experience equivalent of the training and experience standards described in ORS 455.720 (1)(a).

�� (b) At the association�s request, the Bureau of Labor and Industries shall provide technical assistance for the development and submission of the proposal described in paragraph (a) of this subsection.

�� (2) After the council approves the proposal described in subsection (1) of this section, the department shall within 90 days after the date of the council�s approval establish and provide technical assistance to a state joint apprenticeship committee for building inspectors. [2025 c.241 �1]

�� Sec. 3. Section 1 of this 2025 Act is repealed on January 2, 2027. [2025 c.241 �3]

�� 455.723 Specialized building inspectors; rules. (1) The Director of the Department of Consumer and Business Services, with the advice of the appropriate advisory boards, may adopt rules establishing one or more programs to train, qualify and certify an individual as a specialized building inspector authorized to enforce portions of specialty codes. Notwithstanding ORS 455.720 (1) and 455.725, the rules may include, but need not be limited to, rules that establish:

�� (a) Work experience, training and other qualifications for program participation;

�� (b) Content and presentation requirements for training programs;

�� (c) Methods for verifying the qualification of the individual to enforce portions of specialty codes as a specialized building inspector certified under this section;

�� (d) The portions of various specialty codes that each program will enable a qualifying individual to enforce and any terms, conditions or classifications applicable for that enforcement; and

�� (e) Requirements the director believes reasonable for the administration and enforcement of this section.

�� (2) Notwithstanding ORS 446.250, 455.630, 455.720, 455.725, 479.530, 479.810 and

ORS 457.170

457.170;

�� (b) A description of the methods to be used for the temporary or permanent relocation of persons living, and businesses situated, in the urban renewal area, in accordance with ORS 35.500 to 35.530; and

�� (c) An enumeration, by cost range, of the existing housing units in the urban renewal areas of the plan to be destroyed or altered and the new units to be added. [2019 c.580 �4]

�� 457.089 Urban renewal plan and report to planning commission and affected taxing districts for recommendations before approval by municipality; taxing district concurrence required for plan that includes public building project. (1) An urban renewal agency shall forward an urban renewal plan and the accompanying report to the planning commission of the municipality for recommendations before presenting the plan to the governing body of the municipality for approval under ORS 457.095.

�� (2)(a) The urban renewal agency shall deliver the urban renewal plan and accompanying report to the governing body of each taxing district affected by the urban renewal plan, by certified mail or any form of delivery that requires a signature upon delivery or that may otherwise be tracked. The agency shall consult and confer with the taxing districts before presenting the plan to the governing body of the municipality for approval under ORS 457.095.

�� (b) The governing body of each taxing district shall have 45 days following receipt of the plan and report to submit written recommendations to the urban renewal agency. In adopting the plan, the governing body of the municipality shall accept, reject or modify the recommendations of each taxing district.

�� (3)(a) An urban renewal plan proposed on or after September 29, 2019, that includes a public building project requires the concurrence of at least three of the four taxing districts that are estimated to forgo the most property tax revenue as computed in the report accompanying the proposed plan. The question of concurrence shall be determined by a vote of the governing body of each of the four taxing districts.

�� (b) The urban renewal agency shall include with the urban renewal plan and accompanying report provided pursuant to subsection (2) of this section a request for concurrence in the inclusion of the public building project in the proposed plan.

�� (c) The governing body of each taxing district described in paragraph (a) of this subsection shall, by written resolution, concur or decline to concur in the inclusion of the public building project in the proposed plan.

�� (d)(A) If at least three of the four taxing districts described in paragraph (a) of this subsection concur, the public building project may be included in the proposed plan.

�� (B) If at least two of the four taxing districts described in paragraph (a) of this subsection do not concur, the public building project may not be included in the proposed plan.

�� (e) If the governing body of a taxing district described in paragraph (a) of this subsection does not respond within 45 days after receiving the plan and report under subsection (2) of this section, the taxing district shall be deemed to have concurred in the inclusion of all public building projects included in the plan.

�� (4) Subsections (2) and (3) of this section also apply to:

�� (a) The addition on or after September 29, 2019, of a public building project to an urban renewal plan that is not included in the plan before September 29, 2019.

�� (b) An amendment proposed on or after September 29, 2019, to an urban renewal plan that significantly increases the scope of work for a public building project to be paid for with division of taxes pursuant to ORS 457.420 to 457.470.

�� (5) An urban renewal plan may not be carried out until the plan has been approved by the governing body of each municipality in accordance with ORS 457.095 and 457.105. [2019 c.580 �5]

�� 457.090 [Repealed by 1979 c.621 �28]

�� 457.095 Approval of plan by ordinance; required contents of ordinance; notice. (1) The governing body of a municipality, upon receipt of a proposed urban renewal plan and report from the municipality�s urban renewal agency and after public notice and hearing and consideration of public testimony and planning commission and taxing district recommendations, if any, may approve the urban renewal plan. The approval shall be by nonemergency ordinance that incorporates the plan by reference. Notice of adoption of the ordinance approving the urban renewal plan, and the provisions of ORS 457.135, shall be published by the governing body of the municipality in accordance with ORS 457.115 no later than four days following the ordinance adoption.

�� (2) The ordinance shall include determinations and findings by the governing body of the municipality that:

�� (a) Each urban renewal area is blighted;

�� (b) The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality;

�� (c) The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes;

�� (d) Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly individuals or individuals with disabilities, without displacing on priority lists persons already waiting for existing federally subsidized housing;

�� (e) If acquisition of real property is provided for, it is necessary;

�� (f) Adoption and carrying out of the urban renewal plan is economically sound and feasible; and

�� (g) The municipality shall assume and complete any activities prescribed it by the urban renewal plan. [1979 c.621 �3; 1989 c.224 �121; 2007 c.70 �263; 2019 c.580 �6]

�� 457.100 [Amended by 1979 c.621 �12; renumbered 457.065]

�� 457.105 Approval of plan by other municipalities. In addition to the approval of a plan by the governing body of the municipality under ORS 457.095, when any portion of the area of a proposed urban renewal plan extends beyond the boundaries of the municipality into any other municipality and, in the case of a proposed plan by a county agency, when any portion of such area is within the boundaries of a city, the governing body of the other municipality may approve the plan and may do so by resolution, rather than by ordinance. A proposed plan for an urban renewal area which is wholly within the boundaries of a city, or which is wholly within the boundaries of a county and does not include any area within the boundaries of a city, must be approved only by the governing body of the municipality in accordance with ORS 457.095. [1979 c.621 �3a; 1987 c.668 �2]

�� 457.110 [Renumbered 457.025]

�� 457.115 Manner of newspaper notice. Notice of adoption of an urban renewal plan required under ORS 457.095 and notice of filing of an annual financial statement required under ORS 457.460 shall be published in the newspaper, as defined in ORS 193.010, having the greatest circulation in the municipality and which is published within the municipality. If no newspaper is published within the municipality, the required notice shall be published in the newspaper having greatest circulation within the municipality published nearest to the municipality. [1979 c.621 �3b]

�� 457.120 When additional notice required; to whom sent; contents; notice by publication. (1) In addition to any required public notice of hearing on a proposed urban renewal plan or substantial amendment or change to a plan, as described in ORS 457.085 (2)(i) and 457.220, the municipality shall cause notice of a hearing by the governing body on a proposed plan for a new urban renewal area or on a proposed change containing one of the types of amendments specified in ORS 457.085 (2)(i) to be mailed to each individual or household in one of the following groups:

�� (a) Owners of real property that is located in the municipality;

�� (b) Electors registered in the municipality;

�� (c) Sewer, water, electric or other utility customers in the municipality; or

�� (d) Postal patrons in the municipality.

�� (2) If the urban renewal area governed by the plan or substantial amendment thereof extends beyond the boundaries of the municipality, notice shall also be sent to each individual in the selected group who is located in the urban renewal area.

�� (3) The notice required by this section shall contain a statement in plain language that:

�� (a) The governing body, on a specified date, will hold a public hearing and consider an ordinance adopting or substantially amending an urban renewal plan;

�� (b) If the plan is a standard rate plan, or a reduced rate plan for which the consolidated billing tax rate includes a tax pledged to repay exempt bonded indebtedness that was approved by taxing district electors on or before October 6, 2001, the adoption or amendment may affect property tax rates;

�� (c) Sets forth the proposed maximum amount of indebtedness that can be issued or incurred under the plan or amendment;

�� (d) The ordinance, if approved, is subject to referendum; and

�� (e) A copy of the ordinance, urban renewal plan and accompanying report can be obtained by contacting a designated person within the municipality.

�� (4) If the municipality that activated the urban renewal agency is a county:

�� (a) The notice required by subsection (1) of this section shall be sent to each individual or household in one of the groups listed in subsection (1)(a) to (d) of this section, except that the notice need be sent only to those individuals or households located in a school district with territory affected or to be affected by the tax increment financing for the new urban renewal area or proposed change.

�� (b) In addition to the notice under paragraph (a) of this subsection, the county shall cause notice to be published in a paper of general circulation throughout the county. The published notice shall contain the information described in subsection (3) of this section, be published in an advertisement not less than three inches in height and three inches in width and be located in a general interest section of the newspaper other than the classified advertisement section. [1991 c.459 �335f; 1997 c.541 �445; 2019 c.580 �7]

�� 457.125 Recording of plan upon approval. A copy of the ordinance approving an urban renewal plan under ORS 457.095 shall be sent by the governing body of the municipality to the urban renewal agency. A copy of the resolution approving an urban renewal plan under ORS 457.105 shall be sent by the governing body of a municipality to the urban renewal agency. Upon receipt of the necessary approval of each municipality governing body, the urban renewal plan shall be recorded by the urban renewal agency with the recording officer of each county in which any portion of an urban renewal area within the plan is situated. [1979 c.621 �4]

�� 457.130 [1957 c.456 ��4,5; 1979 c.621 �13; renumbered 457.035]

�� 457.135 Conclusive presumption of plan validity. After October 3, 1979, any urban renewal plan purported to be adopted in conformance with applicable legal requirements shall be conclusively presumed valid for all purposes 90 days after adoption of the plan by ordinance of the governing body of the municipality. No direct or collateral attack on the action may thereafter be commenced. [1979 c.621 �5]

�� 457.140 [1957 c.456 �6; 1975 c.246 �1; 1979 c.621 �14; renumbered 457.045]

�� 457.145 [1967 c.311 �2; repealed by 1979 c.621 �15 (457.055 enacted in lieu of 457.145)]

�� 457.150 [1957 c.456 �8; repealed by 1979 c.621 �28]

�� 457.160 Exceptions to plan requirements for disaster areas. Notwithstanding any other provisions of ORS chapter 455 or 456 or this chapter, where the governing body of a municipality certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm or other catastrophe respecting which the Governor has certified the need for disaster assistance under federal law, the governing body may declare a need for an urban renewal agency, if necessary, and may approve an urban renewal plan and an urban renewal project for such area without regard to the provisions requiring:

�� (1) That the urban renewal plan conform to the comprehensive plan and economic development plan, if any, for the municipality as a whole.

�� (2) That the urban renewal area be a blighted area. [1957 c.456 �15; 1979 c.621 �18; 1993 c.18 �114; 2019 c.625 �71]

�� 457.170 Urban renewal agency�s powers in planning or undertaking an urban renewal project. An urban renewal agency may plan or undertake any urban renewal project to carry out an approved urban renewal plan. In planning or undertaking an urban renewal project, the urban renewal agency has the power:

�� (1) To carry out any work or undertaking and exercise any powers which a housing authority is authorized to perform or exercise under ORS 456.055 to 456.235, subject to the provisions of this chapter provided, however, that ORS 456.155 and 456.160 do not limit the power of an agency in event of a default by a purchaser or lessee of land in an urban renewal plan to acquire property and operate it free from the restrictions in those sections.

�� (2) To carry out any rehabilitation or conservation work in an urban renewal area.

�� (3) To acquire real property, by condemnation if necessary, when needed to carry out the plan.

�� (4) To clear any areas acquired, including the demolition, removal or rehabilitation of buildings and improvements.

�� (5) To install, construct or reconstruct streets, utilities and site improvements in accordance with the urban renewal plan.

�� (6) To carry out plans for a program of the voluntary repair and rehabilitation of buildings or other improvements in an urban renewal area in accordance with the urban renewal plan.

�� (7) To assist in relocating persons living in, and property situated in, the urban renewal area in accordance with the approved urban renewal plan and to make relocation payments.

�� (8) To dispose of, including by sale or lease, any property or part thereof acquired in the urban renewal area in accordance with the approved urban renewal plan.

�� (9) To plan, undertake and carry out neighborhood development programs consisting of urban renewal project undertakings in one or more urban renewal areas which are planned and carried out on the basis of annual increments in accordance with the provisions of this chapter for planning and carrying out urban renewal plans.

�� (10) To accomplish a combination of the things listed in this section to carry out an urban renewal plan. [1957 c.456 �7; 1969 c.225 �2; 1969 c.539 �1; 1979 c.621 �19; 1995 c.79 �268]

�� 457.180 Powers of urban renewal agencies in general. An urban renewal agency, in addition to its other powers, may:

�� (1) Make plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements.

�� (2) Make plans for the enforcement of laws, codes and regulations relating to:

�� (a) The use of land.

�� (b) The use and occupancy of buildings and improvements.

�� (c) The repair, rehabilitation, demolition or removal of buildings and improvements.

�� (3) Make plans for the relocation of persons and property displaced by an urban renewal project.

�� (4) Make preliminary plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas.

�� (5) Conduct preliminary surveys to determine if the undertaking and carrying out of an urban renewal project is feasible.

�� (6) Develop, test and report methods and techniques and carry out demonstrations and other activities for the prevention and the elimination of urban blight.

�� (7) Engage in any other housing or community development activities specifically delegated to it by the governing body of the municipality including but not limited to land acquisition and disposition, conservation and rehabilitation, residential or business relocation, construction, leasing or management of housing, and the making of grants and loans from any available source. [1957 c.456 �10; 1975 c.382 �1]

�� 457.190 Acquisition of funds by urban renewal agency; maximum amount of indebtedness. (1) An urban renewal agency may borrow money and accept advances, loans, grants and any other form of financial assistance from the federal government, the state, county or other public body, or from any sources, public or private, for the purposes of undertaking and carrying out urban renewal projects.

�� (2) An urban renewal agency may do all things necessary or desirable to secure such financial aid, including obligating itself in any contract with the federal government for federal financial aid to convey to the federal government the project to which the contract relates upon the occurrence of a substantial default thereunder, in the same manner as a housing authority may do to secure such aid in connection with blighted area clearance and housing projects under the Housing Authorities Law.

�� (3)(a) Each urban renewal plan adopted by ordinance on or after July 14, 1997, that provides for a division of taxes pursuant to ORS 457.440 shall include in the plan the maximum amount of indebtedness that may be issued or incurred under the plan. Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not included in the plan, the urban renewal agency may not issue indebtedness for which taxes divided under ORS 457.440 are to be pledged to carry out the plan.

�� (b) Each urban renewal plan adopted by ordinance on or after December 6, 1996, and before July 14, 1997, that provides for a division of taxes pursuant to ORS 457.440 but does not include a maximum amount of indebtedness that may be issued or incurred under the plan shall be changed, by substantial plan amendment pursuant to ORS 457.220, to include the maximum amount of indebtedness that may be issued or incurred under the plan before July 1, 2000. Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not included in the plan on or before July 1, 2000, the urban renewal agency may not on or after July 1, 2000, issue indebtedness for which taxes divided under ORS 457.440 are to be pledged to carry out the plan.

�� (c)(A) Each existing urban renewal plan that provides for a division of taxes pursuant to ORS 457.420 to 457.470 may be changed by substantial amendment no later than July 1, 1998, to include a maximum amount of indebtedness that may be issued or incurred under the plan determined as described in subparagraph (B) of this paragraph. The additional notices required under ORS 457.120 are not required for an amendment adopted pursuant to this paragraph.

�� (B) The maximum amount of indebtedness that may be issued or incurred under the plan, as determined for purposes of meeting the requirements of this paragraph, shall be based upon good faith estimates of the scope and costs of projects, including but not limited to increases in costs due to reasonably anticipated inflation, in the existing urban renewal plan and the schedule for their completion as completion dates were anticipated as of December 5, 1996. The maximum amount of indebtedness shall be specified in dollars and cents.

�� (C) Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not adopted for an existing urban renewal plan as described in this paragraph before July 1, 1998, the urban renewal agency may not collect funds under ORS 457.435.

�� (4) For an urban renewal plan initially approved on or after January 1, 2010, other than for a large metropolitan plan as defined in ORS 457.470, the initial maximum indebtedness that may be issued or incurred under the plan shall be established as follows:

�� (a) If the total assessed value in the certified statement under ORS 457.430 is less than or equal to $50 million, the initial maximum indebtedness may not exceed $50 million.

�� (b) If the total assessed value in the certified statement is more than $50 million and less than or equal to $150 million, the initial maximum indebtedness may not exceed $50 million plus 50 percent of the total assessed value in the certified statement that is over $50 million.

�� (c) If the total assessed value in the certified statement exceeds $150 million, the initial maximum indebtedness may not exceed $100 million, plus 35 percent of the total assessed value in the certified statement that is over $150 million.

�� (d) Beginning July 1, 2010, the dollar limits set forth in this subsection may be increased on July 1 of each year by the index used in the urban renewal report to compute the future costs of projects that will be financed under the plan.

�� (e) The limits in this subsection do not apply if the agency obtains concurrence as provided in ORS 457.470. [1957 c.456 �14; 1991 c.459 �333; 1997 c.541 �446; 2007 c.606 �12; 2009 c.700 �1]

�� 457.210 Applicability of housing cooperation law to urban renewal projects; delegation of urban renewal agency powers and functions. (1) Any state public body, as defined in ORS 456.305, shall have the same rights and powers to cooperate with and assist urban renewal agencies with respect to urban renewal projects that such state public body has pursuant to ORS 456.305 to 456.325 to cooperate and assist housing authorities with respect to housing projects in the same manner as though those sections were applicable to urban renewal agencies and projects under this chapter.

�� (2) Any state public body, as defined in ORS 456.305, hereby is authorized to enter into agreements with any other public body, including an urban renewal agency, respecting action to be taken pursuant to any of the powers granted by this chapter, including, but not limited to, the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.

�� (3) An urban renewal agency hereby is authorized to delegate any of its powers or functions to the municipality or other state public body, as defined in ORS 456.305, with respect to the planning or undertaking of an urban renewal project in the area in which such municipality or other state public body is authorized to act. The municipality, or other state public body to which the powers or functions are delegated hereby is authorized to carry out or perform such powers or functions. [1957 c.456 �11]

�� 457.220 Plan amendment; limit on additional land and increased maximum indebtedness. (1) Except for the provisions of subsections (2) and (4) of this section, an urban renewal agency shall carry out the urban renewal plan approved under ORS 457.095.

�� (2) Any substantial change made in the urban renewal plan shall, before being carried out, be approved and recorded in the same manner as the original plan.

�� (3) An urban renewal agency may not by amendments add to the urban renewal areas of a plan land that is equal to more than 20 percent of the total land area of the original plan as calculated without taking into account any subsequent reductions of the area.

�� (4) On or after January 1, 2010, the urban renewal agency may amend a plan that is not a large metropolitan plan as defined in ORS 457.470 to increase the maximum indebtedness, provided that:

�� (a) The aggregate of all amendments under this subsection may not exceed 20 percent of the plan�s initial maximum indebtedness, as adjusted pursuant to paragraph (b) of this subsection.

�� (b) For purposes of computing the 20 percent limit on increases in maximum indebtedness, the initial maximum indebtedness may be increased annually on the anniversary date of initial approval of the plan by the index used in the urban renewal report to compute the future costs of projects that will be financed under the plan, beginning on the later of July 1, 1999, or the first anniversary of plan approval. This increase may be applied only to the first amendment to the maximum indebtedness that is made on or after January 1, 2010.

�� (5) The limits in subsection (4) of this section do not apply if the agency obtains concurrence as provided in ORS 457.470. [1957 c.456 �9; 1979 c.621 �20; 2009 c.700 �2; 2019 c.580 �9]

�� 457.230 Disposition of land in urban renewal project; determination of value; obligations of purchaser or lessee; recordation. (1) The urban renewal agency shall, in accordance with the approved urban renewal plan, make land in an urban renewal project available for use by private enterprise or public agencies. Such land shall be made available at a value determined by the urban renewal agency to be its fair reuse value, which represents the value, whether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan.

�� (2) To assure that land acquired in an urban renewal project is used in accordance with the urban renewal plan, an urban renewal agency, upon the sale or lease of such land, shall obligate purchasers or lessees:

�� (a) To use the land for the purposes designated in the urban renewal plan.

�� (b) To begin the building of their improvements within a period of time which the urban renewal agency fixes as reasonable.

�� (3) Any obligations by the purchaser shall be covenants and conditions running with the land where the urban renewal agency so stipulates.

�� (4) Any contract for the transfer of any interest in land by the urban renewal agency may be recorded in the land records of the county in which the land is situated in the same manner as any other contract for the transfer of an interest in land is recorded. [1957 c.456 �12; 1965 c.571 �1; 1967 c.312 �1]

�� 457.240 Tax status of land leased under a plan. Any property which the urban renewal agency leases to private persons as defined in ORS 174.100 under an urban renewal plan shall have the same tax status as if such leased property were owned by such private individuals or corporations. [1957 c.456 �13; 1983 c.327 �11]

�� 457.310 [1957 c.456 �16; repealed by 1979 c.621 �28]

�� 457.320 Municipal assistance under plan; assumption by urban renewal agency of general obligation bond payments of municipality. In addition to the other powers granted a municipality under this chapter, a municipality may exercise any of its powers otherwise provided by law to assist in the planning or the carrying out of an urban renewal plan. Without limiting the powers granted by the preceding sentence, a municipality may issue its general obligation bonds for the purpose of assisting in the planning or the carrying out of an urban renewal plan. The urban renewal agency of the municipality may assume payment of the general obligation bonds and may use any of the moneys available to it for that purpose. [1957 c.456 �17; 1979 c.621 �21]

�� 457.410 [1961 c.554 �2; repealed by 1979 c.621 �28]

TAX INCREMENT FINANCING OF URBAN RENEWAL INDEBTEDNESS

�� 457.420 Plan may provide for division of property taxes; limits on land area. (1) Any urban renewal plan may contain a provision that the ad valorem taxes, if any, levied by a taxing district in which all or a portion of an urban renewal area is located, shall be divided as provided in section 1c, Article IX of the Oregon Constitution, and ORS 457.420 to 457.470. Ad valorem taxes shall not be divided if there is no provision in the urban renewal plan for the division.

�� (2) No plan adopted after October 3, 1979, shall provide for a division of ad valorem taxes under subsection (1) of this section if:

�� (a) For municipalities having a population of more than 50,000, according to the latest state census:

�� (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided, exceeds a figure equal to 15 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas and without regard to adjustments made pursuant to ORS 457.435 (2)(c), 457.455 or 457.470 (2) to (5); or

�� (B) The urban renewal areas of the plan when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 15 percent of the total land area of that municipality.

�� (b) For municipalities having a population of less than 50,000, according to the latest state census:

�� (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided, exceeds a figure equal to 25 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas and without regard to adjustments made pursuant to ORS 457.435 (2)(c), 457.455 or 457.470 (2) to (5); or

�� (B) The urban renewal areas of the plan, when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 25 percent of the total land area of that municipality.

�� (3) Property may not be included in more than one urban renewal area. [1961 c.554 �3; 1969 c.539 �2; 1971 c.544 �4; 1979 c.621 �24; 1991 c.459 �334; 1997 c.541 �447; 2009 c.700 �3]

�� 457.430 Certification of assessed value of property in urban renewal area; amendment. (1) As soon as practicable after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor of each county in which an urban renewal area is located shall prepare, in duplicate, a certified statement of the total assessed value, as shown on the county assessment roll last certified prior to the effective date of the ordinance approving the plan, of all of the taxable real and personal property contained in the urban renewal area in the county.

�� (2) Wherever only a part of an urban renewal area is located in a taxing district, the assessor also shall show in the statement required by subsection (1) of this section the assessed value of the real and personal property in the part of the urban renewal area located in the taxing district.

�� (3) One copy of the certified statement shall be filed by the assessor with the agency and the other copy shall constitute a part of the public records of the county assessor�s office.

�� (4) Whenever a part of an urban renewal area comes within the territory of a taxing district either by annexation, incorporation of a new taxing district or consolidation, after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor shall in the same manner as under subsection (3) of this section file a certified statement or an amendment to a certified statement to show the assessed value of the real and personal property in that part of the urban renewal area incorporated by annexation or consolidation into the taxing district. The assessed value of the real and personal property so incorporated shall be determined in the same manner and as of the same date as provided in subsections (1) and (2) of this section.

�� (5) When a certified statement is filed as required by subsection (1) of this section, if the law provides a reduction or increase of the valuation for tax purposes of the taxable property contained in the urban renewal area at the time of the filing, the assessor shall state the total assessed value as it is so reduced or increased. After a certified statement has been filed as required by subsection (1) of this section, if a law is enacted which provides a reduction or increase of the valuation for tax purposes of the taxable property contained in the urban renewal area at the time the certified statement was filed, the assessor shall amend the certified statement annually or as otherwise required to reduce or increase the stated total assessed value of the real and personal property accordingly. An amendment to the certified statement shall be filed in the manner provided by subsections (3) and (4) of this section.

�� (6)(a) Subject to subsections (4) and (5) of this section and paragraph (b) of this subsection, all certified statements and amendments thereto filed under this section before July 14, 1997, shall continue to remain in effect.

�� (b) Effective as of the tax year beginning on July 1, 1997, the assessor shall amend the amount of assessed value included in a certified statement by applying to the certified assessed value of each tax code area located within an urban renewal area the percentage obtained by dividing the total assessed value within the tax code area, including growth in assessed value over the certified assessed value, by the total real market value within the tax code area. [1961 c.554 �4; 1969 c.539 �3; 1979 c.621 �25; 1981 c.804 �105; 1983 s.s. c.5 �24; 1991 c.459 �335; 1997 c.541 �448]

�� 457.435 Property tax collection methods for existing plans; special levies. (1) For each existing urban renewal plan that includes a provision for a division of ad valorem taxes under ORS 457.420 to 457.470, the municipality that activated the urban renewal agency that is carrying out the plan shall adopt an ordinance choosing one of the options listed in subsection (2) of this section as the method of collecting ad valorem property taxes sufficient to pay, when due, indebtedness issued or incurred to carry out the plan as permitted by section 11 (16), Article XI of the Oregon Constitution.

�� (2) The options referred to in subsection (1) of this section are as follows:

�� (a) Option One: To collect amounts sufficient to pay the obligations, as budgeted for the plan, from ORS 457.440, and if the amount estimated to be received from ORS 457.440 is not sufficient to meet the budgeted obligations of the plan for the tax or fiscal year, to make a special levy in the amount of the remainder upon all of the taxable property of the municipality that activated the urban renewal agency and upon all of the taxable property lying outside the municipality but included in an urban renewal area of the plan.

�� (b) Option Two: To make a special levy in the amount stated in the notice given under ORS

ORS 458.480

458.480 to 458.490, the department may not itself develop, construct, rehabilitate or conserve housing units; and neither the department nor any housing sponsor, including but not limited to any association, corporation, cooperative housing authority or urban renewal agency organized to provide housing and other facilities under ORS 456.548 to 456.828, may own, acquire, construct, purchase, lease, operate or maintain utility facilities, including facilities for the generation of electricity, for the distribution of gas and electricity, and for the conveyance of telephone and telegraph messages.

�� (3) In accordance with the provisions of this section and with the advice of the council, the department shall establish statewide priorities for housing programs. State agencies shall coordinate their housing programs with the department. All state agencies intending to apply for federal funds for use in planning, developing or managing housing, or rendering assistance to governmental bodies or sponsors or individuals involved therein shall submit a description of the proposed activity to the department for review not less than 30 days prior to the intended date of submission of the application to the federal agency. The department shall determine whether the proposal would result in a program that would overlap, duplicate or conflict with any other housing program in the state. If the department finds overlapping or duplication or conflict, it shall recommend modifications in the application. The Oregon Department of Administrative Services shall consider these recommendations in making its decision to approve or disapprove the application. The department shall complete its review and forward its recommendations within 15 working days after receipt of the notification. Failure of the department to complete the review within that time shall constitute approval of the application by the department.

�� (4) The Director of the Housing and Community Services Department may participate in discussions and deliberations of the council. The director may suggest policies to the council, including those necessary to stimulate and increase the supply of housing for persons and families of lower income. [Formerly 456.570; 1987 c.158 �86a; 1987 c.414 �15a; 1987 c.567 �1; 1989 c.307 �3; 1989 c.966 �50; 1991 c.739 �4; 1995 c.79 �246; 2007 c.70 �262; 2015 c.180 �7; 2016 c.61 �6; 2017 c.608 �9; 2017 c.707 �10; 2023 c.193 �4; 2023 c.435 �4; 2025 c.558 �9]

�� Note: Section 1, chapter 537, Oregon Laws 2025, provides:

�� Sec. 1. Mixed income housing; reports; rules. (1) As used in this section, �mixed income housing� means multifamily housing, as defined in ORS 456.717, that includes housing for both families of lower income and moderate income households, as defined in ORS 456.270, and in which all of the units are subject to an affordable housing covenant, as described in ORS 456.270 to 456.295, for a term of no less than 30 years.

�� (2) On or before November 15, 2025, the Housing and Community Services Department shall submit a report to the interim committees of the Legislative Assembly related to housing, in the manner provided by ORS 192.245, that provides recommendations for the manner in which a mixed income housing revolving loan fund may be structured and any necessary statutory authorization needed to create the fund.

�� (3) On or before January 1, 2027, the department shall, by rule, develop and implement lending strategies, within the department�s existing statutory authority to make loans, that can be used to provide permanent long-term financing for residential housing.

�� (4) On or before September 15, 2026, the department shall provide a report to the interim committees of the Legislative Assembly related to housing in the manner provided in ORS 192.245 on the progress of the rulemaking and recommendations for funding the lending strategies described in subsection (3) of this section. [2025 c.537 �1]

�� 456.560 [1971 c.505 �2; renumbered

ORS 459A.740

459A.740 in 1991]

MISCELLANEOUS

�� 459.900 Thermostats and motor vehicle switches containing mercury; disposal; findings. (1) The Legislative Assembly finds that mercury is a potent neurotoxin that can cause long-lasting health problems. In order to reduce the amount of mercury entering the environment from the solid waste stream:

�� (a) A manufacturer of thermostats that contain mercury:

�� (A) Shall make available a program for the collection of such thermostats to be managed as a universal waste.

�� (B) Shall provide incentives for and sufficient information to purchasers of thermostats to ensure that the mercury contained in the thermostats does not become part of the solid waste stream.

�� (C) Is not liable for improper disposal of thermostats containing mercury by consumers if the manufacturer complies with this paragraph.

�� (b) A person may not crush a motor vehicle without first attempting to remove mercury light switches that are mounted on the hood or trunk of the vehicle. The mercury light switches removed from motor vehicles under this paragraph are subject to the universal waste management standards adopted by the Environmental Quality Commission.

�� (2) For purposes of this section, �thermostat� means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. [2001 c.924 �1]

�� Note: 459.900 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 459.990 [1967 c.428 �16; 1969 c.593 �48; subsection (2) enacted as 1969 c.509 �6; repealed by 1971 c.648 �33]

PENALTIES

�� 459.992 Criminal penalties; license suspension and revocation. (1) The following are Class A misdemeanors:

�� (a) Violation of rules or ordinances adopted under ORS 459.005 to 459.105 and 459.205 to

ORS 459A.914

459A.914, adequate to hold the reasonably anticipated volume of each material;

�� (b) Regular collection service of the source separated recyclable materials; and

�� (c) Notice at least once a year of the opportunity to recycle with a description of the location of the containers or depots on the premises and information about how to recycle. New tenants shall be notified of the opportunity to recycle at the time of entering into a rental agreement.

�� (2) As used in this section, �recyclable material� and �source separate� have the meaning given those terms in ORS 459.005. [1991 c.385 �16; 2021 c.681 �57]

�� 90.320 Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises. (1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

�� (a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

�� (b) Plumbing facilities that conform to applicable law in effect at the time of installation and are maintained in good working order;

�� (c) A water supply approved under applicable law that is:

�� (A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

�� (B) Furnished to appropriate fixtures;

�� (C) Connected to a sewage disposal system approved under applicable law; and

�� (D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

�� (d) Adequate heating facilities that conform to applicable law at the time of installation and are maintained in good working order;

�� (e) Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and is maintained in good working order;

�� (f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

�� (g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

�� (h) Floors, walls, ceilings, stairways and railings maintained in good repair;

�� (i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

�� (j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the tenant�s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (1);

�� (k) A carbon monoxide alarm, and the dwelling unit:

�� (A) Contains a carbon monoxide source; or

�� (B) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft;

�� (L) Working locks for all dwelling entrance doors and latches for all windows, by which access may be had to the dwelling unit;

�� (m) A means of unlocking locks under paragraph (L) of this subsection, including access control systems operated by a software application operated on a tenant�s mobile phone or other electronic device, provided that the landlord also offers the tenant at least one alternative means of access, including an access code or a fob, key card or other tangible key; or

�� (n) For a dwelling unit in a building where building permits for its construction were issued on or after April 1, 2024, adequate cooling facilities that:

�� (A) Provide cooling in at least one room of the dwelling unit, not including a bathroom;

�� (B) Conform to applicable law at the time of installation and are maintained in good working order; and

�� (C) May include central air conditioning, an air-source or ground-source heat pump or a portable air conditioning device that is provided by the landlord.

�� (2) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

�� (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

�� (b) The agreement does not diminish the obligations of the landlord to other tenants in the premises; and

�� (c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

�� (3) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place do not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility are governed by ORS 90.730 and not by this section. [Formerly 91.770; 1993 c.369 �6; 1995 c.559 �15; 1997 c.249 �32; 1997 c.577 �17; 1999 c.307 �20; 1999 c.676 �11; 2009 c.591 �12; 2013 c.294 �9; 2022 c.86 �11; 2025 c.127 �1]

�� 90.321 Testing of drinking water in ground water quality management area; report to tenants and Oregon Health Authority; rules; limits on data use. (1) As used in this section:

�� (a) �Contaminants� includes arsenic, coliform bacteria, lead and nitrates.

�� (b) �Exempt well� means a well used for purposes exempt under ORS 537.545 (1)(b) or (d).

�� (2) If a dwelling unit has an exempt well or wells as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150, the landlord shall collect and test samples of drinking water for the unit.

�� (3) A landlord shall ensure that each source for which drinking water is collected under subsection (5)(a) of this section is tested as follows:

�� (a) The water must be tested for arsenic no later than 30 days after installing the exempt well.

�� (b) Except as provided in subsection (4) of this section, the drinking water must be tested for each contaminant at least once each year.

�� (4) Following a test that indicates that the drinking water does not contain contaminants that exceed the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord is not required to test drinking water for contaminants for four years, if the test is:

�� (a) The first test conducted for the dwelling unit;

�� (b) The first test conducted after an extension allowed under this subsection; or

�� (c) The second successful annual test conducted over two consecutive years following a failed test.

�� (5) A landlord subject to this section:

�� (a) Shall collect samples of water from a dwelling unit�s primary faucet used for drinking and cooking water and may collect supplementary samples of water from a dwelling unit�s other faucets of drinking water or from a dwelling unit�s wellhead;

�� (b) May delegate the landlord�s duty to collect samples of drinking water under paragraph (a) of this subsection to a tenant if the landlord and the tenant agree to the delegation in writing and the agreement is made in good faith and for adequate consideration; and

�� (c) Shall, when submitting samples of drinking water collected under this section to a laboratory for testing:

�� (A) Inform the laboratory that the testing is required pursuant to this section; and

�� (B) Request that the laboratory report the results of the test to the Oregon Health Authority.

�� (6) A laboratory conducting a test pursuant to this section:

�� (a) Must be accredited under the environmental laboratory accreditation program established under ORS 438.615;

�� (b) Shall electronically report the results of the test to the authority in a form and manner prescribed by the authority, which may include reporting of the results through electronic mail using a spreadsheet; and

�� (c) Shall send the full laboratory report to the landlord, and to the tenant if requested by the landlord, in a form showing the absence or presence of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (7) Each time the landlord has drinking water tested for a contaminant under this section, the landlord shall provide the results of the test to the tenant within 30 days after receiving the results in a form:

�� (a) As provided to the landlord under subsection (6)(c) of this section; or

�� (b) Showing only the tests performed and whether the dwelling unit passed or failed each test and notifying the tenant that the tenant may obtain or inspect the full laboratory report upon request. This form must be substantially in the format adopted by the authority under subsection (10)(a) of this section.

�� (8) Prior to entering into a rental agreement for a dwelling unit for which a landlord must collect and test drinking water under this section, the landlord must provide to the tenant written notice providing:

�� (a) That the dwelling unit has an exempt well as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150;

�� (b) The dates and the results of the most recent test for each contaminant, in a form described in subsection (7) of this section, or a statement that the contaminant has not yet been tested for; and

�� (c) The latest date by which the next test for each contaminant must be conducted.

�� (9) If the results of a test conducted under this section indicate that the drinking water collected under this section contains any amount of coliform bacteria or an amount of other contaminants that exceeds the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord shall, as soon as practicable:

�� (a) Provide the results of the test to the tenant as required under subsection (7) of this section;

�� (b) Provide the tenant with the handout adopted by the authority under subsection (10)(b) of this section; and

�� (c) Thereafter retest the exempt well according to a schedule set by rule by the authority, notwithstanding subsections (3) and (4) of this section.

�� (10) The authority shall adopt rules to implement this section, including rules specifying the content of:

�� (a) A form that a landlord subject to this section must use to provide information described in subsection (7)(b) of this section. The form must include:

�� (A) A section that must be filled out by the landlord to indicate, in plain language, whether the dwelling unit passed or failed each test; and

�� (B) A section that may be filled out by the landlord to indicate the absence or presence in the drinking water of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (b) A handout providing information on testing drinking water for contaminants and the impact that drinking water that contains contaminants can have on a person�s health.

�� (11) This section does not apply to a dwelling unit that is part of a premises subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, as described in ORS 448.119.

�� (12) Information received by the authority under this section may only be used as provided in this section and for the benefit of the landlord, tenant or applicant of the dwelling unit. Any records collected or created by the authority under this section must note that the data has not been controlled for quality and may not be used for determining location-specific ground water quality. [2025 c.574 �2; 2025 c.574 �2a]

�� Note: 90.321 becomes operative January 1, 2027. See section 4, chapter 574, Oregon Laws 2025.

�� Note: Section 3, chapter 574, Oregon Laws 2025, provides:

�� Sec. 3. Before June 1, 2027, and notwithstanding section 2 (3)(b) of this 2025 Act [90.321 (3)(b)], for each dwelling unit that is subject to section 2 (2) of this 2025 Act on the operative date specified in section 4 of this 2025 Act [January 1, 2027], the landlord shall sample and test for all contaminants as described in section 2 (5) of this 2025 Act. [2025 c.574 �3]

�� Note: 90.321 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.322 Landlord or agent access to premises; remedies. (1) A landlord or, to the extent provided in this section, a landlord�s agent may enter into the tenant�s dwelling unit or any portion of the premises under the tenant�s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance or grounds keeping or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlord�s agent is limited as follows:

�� (a) A landlord or landlord�s agent may enter upon the premises under the tenant�s exclusive control not including the dwelling unit without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.

�� (b) In case of an emergency, a landlord may enter the dwelling unit or any portion of the premises under a tenant�s exclusive control without consent of the tenant, without notice to the tenant and at any time. �Emergency� includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant�s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.

�� (c) If the tenant requests repairs or maintenance in writing, the landlord or landlord�s agent, without further notice, may enter upon demand, in the tenant�s absence or without the tenant�s consent, for the purpose of making the requested repairs until the repairs are completed. The tenant�s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant�s written request expires after seven days, unless the repairs are in progress and the landlord or landlord�s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.

�� (d) A landlord and tenant may agree that the landlord or the landlord�s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:

�� (A) Is executed at a time when the landlord is actively engaged in attempts to sell the premises;

�� (B) Is reflected in a writing separate from the rental agreement and signed by both parties; and

�� (C) Is supported by separate consideration recited in the agreement.

�� (e)(A) If a written agreement requires the landlord to perform yard maintenance or grounds keeping for the premises:

�� (i) A landlord and tenant may agree that the landlord or landlord�s agent may enter for that purpose upon the premises under the tenant�s exclusive control not including the dwelling unit, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.

�� (ii) A tenant may deny consent for a landlord or landlord�s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord�s agent prior to, or at the time of, the attempted entry.

�� (B) As used in this paragraph:

�� (i) �Yard maintenance or grounds keeping� includes, but is not limited to, weeding, mowing grass and pruning trees and shrubs.

�� (ii) �Unreasonable time� refers to a time of day, day of the week or particular time that conflicts with the tenant�s reasonable and specific plans to use the premises.

�� (f) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours� actual notice of the intent of the landlord to enter and the landlord or landlord�s agent may enter only at reasonable times. The landlord or landlord�s agent may not enter if the tenant, after receiving the landlord�s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord�s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord�s agent to enter.

�� (2) A landlord may not abuse the right of access or use it to harass the tenant. A tenant may not unreasonably withhold consent from the landlord to enter.

�� (3) This section does not apply to tenancies consisting of a rental of space in a facility for a manufactured dwelling or floating home under ORS 90.505 to 90.850.

�� (4) If a tenancy consists of rented space for a manufactured dwelling or floating home that is owned by the tenant, but the tenancy is not subject to ORS 90.505 to 90.850 because the space is not in a facility, this section shall allow access only to the rented space and not to the dwelling or home.

�� (5) A landlord has no other right of access except:

�� (a) Pursuant to court order;

�� (b) As permitted by ORS 90.410 (2); or

�� (c) When the tenant has abandoned or relinquished the premises.

�� (6) If a landlord is required by a governmental agency to enter a dwelling unit or any portion of the premises under a tenant�s exclusive control, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord may not be found in violation of any state statute or local ordinance due to the failure.

�� (7) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement under ORS 90.392 and take possession as provided in ORS 105.100 to 105.168. In addition, the landlord may recover actual damages.

�� (8) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (1). In addition, the tenant may recover actual damages not less than an amount equal to one week�s rent in the case of a week-to-week tenancy or one month�s rent in all other cases. [Formerly 90.335; 1997 c.577 �18; 1999 c.603 �19; 1999 c.676 �12; 2005 c.391 �20]

�� 90.323 Maximum rent increase; exceptions; notice. (1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase.

�� (2) During any tenancy other than week-to-week, the landlord may not increase the rent:

�� (a) During the first year after the tenancy begins.

�� (b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.

�� (c) More than once in any 12-month period.

�� (d) Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324 (1).

�� (3) The notices required under this section must specify:

�� (a) The amount of the rent increase;

�� (b) The amount of the new rent;

�� (c) Facts supporting the exemption authorized by subsection (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and

�� (d) The date on which the increase becomes effective.

�� (4) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS

ORS 460.005

460.005 to 460.175. [1961 c.427 �17; 1973 c.528 �13]

�� 460.145 Restraining violations. When it appears to the Department of Consumer and Business Services that a person subject to ORS 460.005 to 460.175 is engaged or about to engage in an act or practice which constitutes a violation of ORS 460.005 to 460.175 or rules issued thereunder, the department may, without bond, obtain an order from an appropriate circuit court restraining or enjoining such act or practice. [1961 c.427 �18; 1973 c.528 �14]

�� 460.155 Appeals from adverse rulings of department. (1) The Department of Consumer and Business Services shall hear the appeal of an appellant:

�� (a) Who has filed a written request:

�� (A) Within 10 days of receiving written notice that an injunction will be sought; or

�� (B) Within 30 days after receiving notice that a permit or certificate of competency will be canceled, revoked or suspended; or

�� (b) Who is affected by a notice described in paragraph (a) of this subsection.

�� (2) If there is a timely appeal, the injunction will not be sought or the permit or certificate of competency will not be canceled, suspended or revoked pending the appeal unless the reason for the injunction, cancellation, suspension or revocation constitutes an immediate menace to health or safety.

�� (3) The department shall likewise hear the appeal of an appellant who has filed a written request and who has reason to desire a change in the minimum safety standards or the rules under ORS 460.005 to 460.175, or has been denied a permit under ORS 460.055 or a certificate of competency.

�� (4) The department shall set the time and place for hearing and give the appellant 10 days� written notice.

�� (5) All appeals shall be heard within three months of receipt of the request, except that if immediate menace to health or safety is involved the appeal shall be heard within 20 days of receipt of the request.

�� (6)(a) Two or more appeals may be consolidated for hearing, if based upon substantially the same facts.

�� (b) The department and the appellant may subpoena witnesses who shall receive the same compensation and mileage pay as circuit court witnesses.

�� (c) The appeal shall be heard by the department before the Electrical and Elevator Board.

�� (d) A written record shall be kept.

�� (e) The department shall determine the appeal after consultation with and giving consideration to the views of the board.

�� (7) Judicial review of any final order or decision of the department shall be taken pursuant to the provisions of ORS chapter 183. [1961 c.427 �24; 1963 c.330 �9; 1973 c.528 �15; 2005 c.758 �28]

�� 460.165 Fees; failure to pay fee. (1) Subject to ORS 460.035 (1) and 460.085 (1), the Department of Consumer and Business Services may collect the following fees:

�� (a) For each year of an elevator contractor�s license for each place of business operated by the applicant, $195.

�� (b) For the submission of plans and other pertinent data when required, for each elevator, $78.

�� (c) For each year of an inspection period for an operating permit:

�� (A) A dumbwaiter, sidewalk elevator, residential elevator, residential inclinator or subveyor, $60.

�� (B) An escalator, lowerator, manlift, stagelift, inclined elevator, platform hoist or moving walk, $98.

�� (C) A power-driven elevator with a four floor rise or under, $88.

�� (D) A power-driven elevator with over a four floor rise, but under a 10-floor rise, $108.

�� (E) A power-driven elevator with a 10-floor rise or over, but under a 20-floor rise, $134.

�� (F) A power-driven elevator with a 20-floor rise or over, $157.

�� (d) For a reinspection, $75.

�� (e) For special inspections of hoisting or lowering mechanisms other than elevators, or for inspections, testing, consultations, site visits or other services for which no fee is otherwise specified, $75 per hour for travel and inspection time.

�� (f) For an elevator installation permit, if the total cost of the installation or alteration is:

�� (A) $1,000 or under, $98.

�� (B) Over $1,000 but under $15,000, $98 plus $13 for each $1,000 or fraction of $1,000 by which the cost exceeds $1,000.

�� (C) $15,000 or over but under $50,000, $280 plus $8 for each $1,000 or fraction of $1,000 by which the cost exceeds $15,000.

�� (D) $50,000 or over, $553 plus $3 for each $1,000 or fraction of $1,000 by which the cost exceeds $50,000.

�� (2) If an owner or user of any elevator equipment fails to pay a fee required under this section within 90 days after the billing date, the department may consider the fee delinquent and double the amount of the fee. [1961 c.427 �20; 1973 c.832 �5; 1977 c.874 �1; 1981 c.566 �1; 1981 c.897 �52; 1991 c.201 �2; 1995 c.696 �21; 2003 c.14 �293; 2005 c.616 �7; 2007 c.71 �143; 2009 c.696 �10]

�� 460.175 Disposition of fees. All receipts from fees, charges, costs and expenses provided for in ORS 460.005 to 460.175 shall be collected by the Department of Consumer and Business Services and paid into the Consumer and Business Services Fund created by ORS

ORS 460.175

460.175. The department is not required to inspect an elevator if the department is notified in writing, by the employer of a certified elevator inspector, that inspection will be made by the certified inspector and a copy of the inspection report is filed with the department within 30 days of the date the elevator is due for inspection.

�� (b) Periodically check the authenticity, appropriateness and expiration date of elevator operating permits.

�� (c) Review with the Electrical and Elevator Board any appeals from the decisions of the inspectors.

�� (d) To the extent necessary to ensure safety, perform inspections and witness safety tests of new or altered elevators before the elevators are placed in service.

�� (2) Inspection reports provided to owners, users or other affected parties shall contain a notification of the right of appeal as provided in ORS 460.155.

�� (3) If the department finds that an elevator is not being operated in compliance with ORS

ORS 468.055

468.055, 468.110, 468.120, 468B.005 to 468B.030 and 468B.048 to 468B.085 to the extent they affect water quality.

�� (10)(a) Any public body, as defined in ORS 174.109, federal agency or tribal government requested by the director to comment on an application for a permit must submit its comments to the director not more than 30 days after receiving the request for comment. If a public body, federal agency or tribal government fails to comment on the application within 30 days, the director shall assume that the public body, federal agency or tribal government has no objection.

�� (b) The Department of Environmental Quality shall provide comments to the director within 75 days after receiving notice under subsection (5) of this section if the permit action requires certification under the Federal Water Pollution Control Act (P.L. 92-500), as amended.

�� (11) In determining whether to issue a permit, the director may consider only standards and criteria in effect on the date the director receives the completed application.

�� (12) As used in this section:

�� (a) �Applicant� means a landowner, a person authorized by a landowner to conduct a removal or fill activity or a person that proposes a removal or fill activity for construction or maintenance of a linear facility.

�� (b) �Completed application� means a signed permit application form that contains all necessary information for the director to determine whether to issue a permit, including:

�� (A) A map showing the project site with sufficient accuracy to easily locate the removal or fill site;

�� (B) A project plan showing the project site and proposed alterations;

�� (C) The fee required under ORS 196.815;

�� (D) Any changes that may be made to the hydraulic characteristics of waters of this state and a plan to minimize or avoid any adverse effects of those changes;

�� (E) If the project may cause substantial adverse effects on aquatic life or aquatic habitat within this state, documentation of existing conditions and resources and identification of the potential impact if the project is completed;

�� (F) An analysis of alternatives that evaluates practicable methods to minimize and avoid impacts to waters of this state;

�� (G) If the project is to fill or remove material from wetlands, a wetlands mitigation plan; and

�� (H) Any other information that the director deems pertinent and necessary to make an informed decision on whether the application complies with the policy and standards set forth in this section.

�� (c) �Linear facility� includes any railway, highway, road, pipeline, water or sewer line, communication line, overhead or underground electrical transmission or distribution line or similar facility. [Formerly 541.625 and then 196.695; 1991 c.735 �25; 1993 c.741 �18; 1995 c.370 �1; 1995 c.472 �1; 2001 c.460 �2; 2001 c.516 �3; 2003 c.253 ��9,10; 2003 c.738 ��17a,18a; 2007 c.849 ��4,5; 2009 c.342 �2; 2009 c.343 �20; 2011 c.370 �1; 2015 c.386 �13]

�� 196.830 Estuarine resource replacement as condition for fill or removal from estuary; considerations; other permit conditions. (1) As used in this section, �estuarine resource replacement� means the creation, restoration or enhancement of an estuarine area to maintain the functional characteristics and processes of the estuary, such as its natural biological productivity, habitats and species diversity, unique features and water quality.

�� (2) Except as provided in subsection (4) of this section, the Director of the Department of State Lands shall require estuarine resource replacement as a condition of any permit for filling or removal of material from an intertidal or tidal marsh area of an estuary.

�� (3) If the director requires estuarine resource replacement, the director shall consider:

�� (a) The identified adverse impacts of the proposed activity;

�� (b) The availability of areas in which replacement activities could be performed;

�� (c) The provisions of land use plans for the area adjacent to or surrounding the area of the proposed activity;

�� (d) The recommendations of any interested or affected state or local agencies; and

�� (e) The extent of compensating activity inherent in the proposed activity.

�� (4) Notwithstanding any provisions of this chapter and ORS chapters 195, 197 and 197A or the statewide planning goals adopted thereunder to the contrary, the director may:

�� (a) Waive estuarine resource replacement in part for an activity for which replacement would otherwise be required if, after consultation with appropriate state and local agencies the director determines that:

�� (A) There is no alternative manner in which to accomplish the purpose of the project;

�� (B) There is no feasible manner in which estuarine resource replacement could be accomplished;

�� (C) The economic and public need for the project and the economic and public benefits resulting from the project clearly outweigh the potential degradation of the estuary;

�� (D) The project is for a public use; and

�� (E) The project is water dependent or the project is publicly owned and water related; or

�� (b) Waive estuarine resource replacement wholly or in part for an activity for which replacement would otherwise be required if the activity is:

�� (A) Filling for repair and maintenance of existing functional dikes and negligible physical or biological damage to the tidal marsh or intertidal areas of the estuary will result;

�� (B) Riprap to allow protection of an existing bankline with clean, durable erosion resistant material when a need for riprap protection is demonstrated that cannot be met with natural vegetation and no appreciable increase in existing upland will occur;

�� (C) Filling for repair and maintenance of existing roads and negligible physical or biological damage to the tidal marsh or intertidal areas of the estuary will result;

�� (D) Dredging for authorized navigation channels, jetty or navigational aid installation, repair or maintenance conducted by or under contract with the Army Corps of Engineers;

�� (E) Dredging or filling required as part of an estuarine resource restoration or enhancement project agreed to by local, state and federal agencies; or

�� (F) A proposed alteration that would have negligible adverse physical or biological impact on estuarine resources.

�� (5) Nothing in this section is intended to limit the authority of the director to impose conditions on a permit under ORS 196.825. [Formerly 541.626 and then 196.700; 2005 c.22 �136]

�� 196.835 Hearing regarding issuance of permit; procedure; appeals; suspension of permit pending appeal. Any person aggrieved or adversely affected by the grant of a permit by the Director of the Department of State Lands may file a written request for hearing with the director within 21 days after the date the permit was granted. If the director finds that the person making the written request has a legally protected interest which is adversely affected by the grant of the permit, the director shall set the matter down for hearing within 30 days after receipt of the request. The hearing shall be conducted as a contested case in accordance with ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. The permittee shall be a party to the proceeding. Within 45 days of the hearing the director shall enter an order containing findings of fact and conclusions of law. The order shall rescind, affirm or modify the director�s original order. Appeals from the director�s final order may be taken to the Court of Appeals in the manner provided by ORS 183.482. A permit to fill granted by the director may be suspended by the director during the pendency of the proceedings before the director and any appeal. The director shall not suspend the permit unless the person aggrieved or adversely affected by grant of permit makes a showing before the director by clear and convincing evidence that commencement or continuation of the fill would cause irremediable damage and would be inconsistent with ORS 196.600 to 196.921. [Formerly 541.627 and then 196.705; 2003 c.738 �19]

�� 196.840 [Formerly 541.630 and then

ORS 468.423

468.423, for waste water pollution control, reduction or abatement as described in ORS 468.429.

�� (2) The use of lottery bond proceeds is authorized upon the following findings:

�� (a) Financial assistance for public agency waste water pollution control, reduction or abatement activities will result in additional wastewater treatment capacity in Oregon.

�� (b) Wastewater treatment capacity comprises a portion of the physical foundation for industrial and commercial activities and provides a portion of the basic framework for continued and expanded economic opportunities throughout Oregon.

�� (c) Such financial assistance will therefore further economic development within this state, making the use of net proceeds derived from the operation of the Oregon State Lottery to pay debt service on lottery bonds issued under this section to provide financial assistance to public agencies for wastewater pollution control, reduction or abatement activities an authorized use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.510.

�� (3) The aggregate principal amount of lottery bonds issued pursuant to this section to provide financial assistance for public agency waste water pollution control, reduction or abatement activities shall not exceed $8 million and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. Lottery bonds authorized by this section shall be issued only at the request of the Director of the Department of Environmental Quality.

�� (4) The net proceeds of lottery bonds issued pursuant to this section shall be deposited in the Water Pollution Control Revolving Fund established by ORS 468.427.

�� (5) The proceeds of lottery bonds issued pursuant to this section shall be used only for the purposes set forth in subsection (1) of this section and for bond-related costs. [2001 c.942 �3]

�� Note: 468.428 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 468.429 Uses of revolving fund. (1) The Department of Environmental Quality shall use the moneys in the Water Pollution Control Revolving Fund to provide financial assistance:

�� (a) To public agencies for the construction or replacement of treatment works.

�� (b) To qualified institutions to finance projects to repair or replace failing on-site septic systems or to replace failing on-site septic systems with connections to an available sewer.

�� (c) For the implementation of a management program established under section 319 of the federal Water Quality Act of 1986 relating to the management and prevention of nonpoint sources of pollution.

�� (d) For development and implementation of a conservation and management plan under section 320 of the federal Water Quality Act of 1986 relating to the national estuary program.

�� (2) The department may also use the moneys in the Water Pollution Control Revolving Fund for the following purposes:

�� (a) To buy or refinance the debt obligations of public agencies for eligible projects as listed under subsection (1) of this section, if the debt obligation was incurred after March 7, 1985.

�� (b) To guarantee, or purchase insurance for, public agency obligations for treatment works� construction or replacement if the guarantee or insurance would improve credit market access or reduce interest rates, or to provide loans to a public agency for this purpose.

�� (c) To pay the expenses of the department in administering the Water Pollution Control Revolving Fund, to make transfers to the Water Pollution Control Administration Fund, or to pay other departmental costs including expenses of the program described in ORS 468.433 (2).

�� (3) If amounts are advanced to the Water Pollution Control Revolving Fund from the Pollution Control Fund under ORS 468.220 (1), the department shall transfer from the Water Pollution Control Revolving Fund to the Pollution Control Sinking Fund amounts sufficient to pay the bonds that funded the advance. [1987 c.648 �4; 1993 c.411 �7; 1995 c.79 �279; 2015 c.626 �1; 2019 c.558 �3; 2023 c.56 �3]

�� 468.430 [1983 c.218 �1; repealed by 1985 c.222 �6]

�� 468.431 Water Pollution Control Administration Fund; sources; uses. (1) The Water Pollution Control Administration Fund is established separate and distinct from the General Fund in the State Treasury. Moneys in the Water Pollution Control Administration Fund are appropriated continuously to the Department of Environmental Quality to be used for the payment of costs of administering the Water Pollution Control Revolving Fund, including all costs of staffing for the program described in ORS 468.433 (2) and all costs of making loans from the Water Pollution Control Revolving Fund and collecting loan payments.

�� (2) The Water Pollution Control Administration Fund shall consist of:

�� (a) Any administrative fee levied by the department in conjunction with administration of the Water Pollution Control Revolving Fund.

�� (b) Any transfers to the Water Pollution Control Administration Fund from the Water Pollution Control Revolving Fund.

�� (c) Any loans made from the Water Pollution Control Revolving Fund.

�� (d) Any other revenues derived from gifts, grants or bequests pledged to the state for the purpose of administering the Water Pollution Control Revolving Fund.

�� (3) The State Treasurer may invest and reinvest moneys in the Water Pollution Control Administration Fund in the manner provided by law. All earnings from such investment and reinvestment shall be credited to the Water Pollution Control Administration Fund. [1993 c.411 �2; 1995 c.79 �280]

�� 468.433 Duties of department; loan program. (1) In administering the Water Pollution Control Revolving Fund, the Department of Environmental Quality shall:

�� (a) Allocate funds for loans in accordance with procedures adopted by rule by the Environmental Quality Commission.

�� (b) Use accounting, audit and fiscal procedures that conform to generally accepted government accounting standards.

�� (c) Prepare any reports required by the federal government as a condition to awarding federal capitalization grants.

�� (d) Seek to maximize the ability of the Water Pollution Control Revolving Fund to operate on a self-sustaining basis and maintain a perpetual source of treatment works financing.

�� (2) If amounts are advanced to the Water Pollution Control Revolving Fund from the Pollution Control Fund under ORS 468.220 (1), the department shall develop and administer a program designed to loan amounts in the Water Pollution Control Revolving Fund to public agencies and qualified institutions, so the loan repayments are sufficient to pay the bonds that funded the advance, and to further the policies established in ORS 468.425. In connection with the program, the department may:

�� (a) Establish one or more accounts in the Water Pollution Control Revolving Fund, make covenants for the benefit of bondowners regarding the deposit of amounts into those accounts and the use of amounts in those accounts and pledge or reserve all or a portion of the amounts in the Water Pollution Control Revolving Fund to pay bonds issued to fund advances to the Water Pollution Control Revolving Fund under ORS 468.220 (1).

�� (b) Establish requirements for loans made from the Water Pollution Control Revolving Fund to assure that:

�� (A) Adequate funds are available in the Water Pollution Control Revolving Fund to permit payment of bonds that funded advances to the Water Pollution Control Revolving Fund; and

�� (B) Adequate funds will be available in the Water Pollution Control Administration Fund to pay for costs of the program and costs of operating the Water Pollution Control Revolving Fund.

�� (c) Exercise any remedies available to the department in connection with defaults on loans of advanced funds to public agencies or qualified institutions.

�� (d) Take any other action reasonably necessary to develop the program and provide for the payment of bonds issued to fund advances to the Water Pollution Control Revolving Fund.

�� (3) The department may make loans to finance treatment works that are funded in part from advances or grants to the Water Pollution Control Revolving Fund, and in part from funds available under ORS 468.220 (1). These loans may have a blended interest rate that reflects their different sources of funding, and repayments of these loans may be allocated proportionally between the Water Pollution Control Revolving Fund and the Pollution Control Sinking Fund. [1987 c.648 �5; 1993 c.411 �8; 1995 c.79 �281; 2019 c.558 �4]

�� 468.435 [1983 c.218 �2; repealed by 1985 c.222 �6]

�� 468.437 Loan applications; eligibility; repayment; default remedy. (1) Any public agency or qualified institution desiring a loan from the Water Pollution Control Revolving Fund shall submit an application to the Department of Environmental Quality on the form provided by the department. The department may require an opinion from the department�s bond counsel or other counsel that the applicant has the legal authority to borrow from the Water Pollution Control Revolving Fund. If a public agency relies on borrowing authority granted by charter or law other than ORS 468.439, then with the consent of the department and notwithstanding any limitation or requirement of the charter or law, the public agency may borrow directly from the Water Pollution Control Revolving Fund by issuing revenue bonds to the department. The requirements of ORS 287A.150 do not apply to revenue bonds that are sold to the department pursuant to this section.

�� (2) Any public agency or qualified institution receiving a loan from the Water Pollution Control Revolving Fund shall establish and maintain a dedicated source of revenue or other acceptable source of revenue for the repayment of the loan.

�� (3) If a public agency or qualified institution defaults on payments due to the Water Pollution Control Revolving Fund, the state may withhold any amounts otherwise due to the public agency or qualified institution and direct that such funds be applied to the payments and deposited into the fund. If the department finds that the loan to the public agency or qualified institution is otherwise adequately secured, the department may waive this right in the loan agreement or other loan documentation. [1987 c.648 �6; 1989 c.560 �3; 2007 c.783 �205; 2019 c.558 �5]

�� 468.439 Borrowing authority of public agency. Notwithstanding any limitation contained in any other provision of law or local charter, a public agency may:

�� (1) Borrow money from the Water Pollution Control Revolving Fund through the Department of Environmental Quality;

�� (2) Enter into loan agreements and make related agreements with the department in which the public agency agrees to repay the borrowed money in accordance with the terms of the loan agreement;

�� (3) Covenant with the department regarding the operation of treatment works and the imposition and collection of rates, fees and charges for the treatment works;

�� (4) Pledge all or part of the revenues of the treatment works to pay the amount due under the loan agreement and notes in accordance with ORS chapter 287A; and

�� (5) Provide any additional security and exercise any powers permitted to an issuer of revenue bonds under ORS chapter 287A. [1989 c.560 �2; 1993 c.411 �9; 2007 c.783 �206]

�� 468.440 Loan terms and interest rates; considerations; rules. (1) The Environmental Quality Commission shall establish by rule policies for establishing loan terms and interest rates for loans made from the Water Pollution Control Revolving Fund that ensure that the objectives of ORS 468.423 to 468.440 are met and that adequate funds are maintained in the Water Pollution Control Revolving Fund to meet future needs. In establishing the policy, the commission shall take into consideration at least the following factors:

�� (a) The capability of the project to enhance or protect water quality.

�� (b) The ability of a public agency or qualified institution to repay a loan.

�� (c) Current market rates of interest.

�� (d) The size of the community or district to be served by the treatment works.

�� (e) The type of project financed.

�� (f) The ability of the applicant to borrow elsewhere.

�� (g) Whether advances have been made to the Water Pollution Control Revolving Fund from the Pollution Control Fund that must be repaid to the Pollution Control Sinking Fund.

�� (2) The commission may establish an interest rate ranging from zero to the market rate. The commission may establish the loan term, provided that the loans must be fully amortized not later than 30 years after project completion.

�� (3) The commission shall adopt by rule any procedures or standards necessary to carry out the provisions of ORS 468.423 to 468.440. [1987 c.648 �7; 1993 c.411 �10; 1995 c.79 �282; 2005 c.137 �1; 2015 c.626 �2; 2019 c.558 �6]

ZERO-EMISSION AND ELECTRIC VEHICLES

(Zero-Emission and Electric Vehicle Rebates)

�� 468.442 Definitions. As used in ORS 468.442 to 468.449:

�� (1) �Light-duty zero-emission vehicle� means a motor vehicle that:

�� (a) Has a gross vehicle weight rating of 8,500 pounds or less;

�� (b) Is capable of attaining a speed of 55 miles per hour or more; and

�� (c) Is powered:

�� (A) Primarily by an electric battery and may or may not use a flywheel energy storage device or a capacitor that also stores energy to assist in vehicle operation.

�� (B) By polymer electrolyte membrane fuel cells or proton exchange membrane fuel cells that use hydrogen fuel and oxygen from the air to produce electricity.

�� (C) Primarily by a zero-emission energy storage device that provides enough power for the vehicle to travel 75 miles or more using only electricity and may or may not use a backup alternative power unit that does not operate until the energy storage device is fully depleted.

�� (2) �Motor vehicle� has the meaning given that term in ORS 801.360.

�� (3) �Neighborhood electric vehicle� means a low-speed vehicle that:

�� (a) Is powered using an electric battery;

�� (b) Has a gross vehicle weight not exceeding 3,000 pounds; and

�� (c) Has at least four wheels.

�� (4) �Person� means a person as defined in ORS 174.100 or a public body as defined in ORS

ORS 468.444

468.444 and 468.446.

�� (b) As used in this subsection, �administrative expenses� does not include expenses incurred by the department or third-party organizations in:

�� (A) Conducting community outreach under ORS 468.446 (14); or

�� (B) Otherwise engaging in efforts to promote transportation electrification through participation in the programs established under ORS 468.444 and 468.446.

�� (6)(a) The Environmental Quality Commission may adopt by rule provisions for the allocation of moneys deposited in the fund between the programs established under ORS 468.444 and 468.446.

�� (b) Rules adopted under this subsection must require that at least 20 percent of the moneys deposited in the fund per biennium are allocated to fund the provision of rebates through the Charge Ahead Oregon Program established under ORS 468.446.

�� (c) The amount required to be allocated under paragraph (b) of this subsection in any biennium shall be reduced, but not below zero, by the amount deposited from any other source in the Charge Ahead Zero-Emission Incentive Fund established under ORS

ORS 468.463

468.463.

�� (5)(a) The Environmental Quality Commission shall require by rule that at least 40 percent of the moneys deposited in the fund per biennium are allocated to fund the provision of rebates for vehicles located in communities disproportionately burdened by diesel pollution, as described in ORS 468.463 (7)(c).

�� (b) Notwithstanding paragraph (a) of this subsection, if the department determines that the total amount of rebates provided to applicants eligible for the rebate described in ORS 468.463 (7)(c) is unlikely to exceed 40 percent of the total amount of moneys deposited in the fund during a biennium, the department may release moneys allocated under paragraph (a) of this subsection to be used for the provision of any rebate under ORS 468.463. [2023 c.442 �34; 2025 c.2 �27]

�� 468.470 [Formerly 449.937; 1974 c.40 �1; 1975 c.559 �7; 1977 c.650 �6; 1979 c.181 �4; repealed by 1991 c.920 �24]

�� 468.471 [Formerly 468.945; repealed by 2011 c.83 �24]

�� 468.472 [1975 c.559 �9; repealed by 1991 c.920 �24]

�� 468.474 [1975 c.559 �10; repealed by 1991 c.920 �24]

�� 468.475 [Formerly 449.939; 1975 c.559 �11; 1977 c.650 �8; 1979 c.181 �5; repealed by 1991 c.920 �24]

�� 468.476 [Formerly 468.950; repealed by 2011 c.83 �24]

�� 468.480 [Formerly 449.941; 1975 c.559 �12; 1977 c.650 �10; 1979 c.181 �6; repealed by 1991 c.920 �24]

�� 468.481 [Formerly 468.955; repealed by 2011 c.83 �24]

�� 468.485 [Formerly 449.943; 1974 c.36 �15; 1975 c.559 �13; repealed by 1977 c.650 �11]

�� 468.486 [Formerly 468.960; repealed by 2011 c.83 �24]

�� 468.490 [1977 c.650 �9; repealed by 1991 c.920 �24]

�� 468.491 [Formerly 468.965; repealed by 2011 c.83 �24]

�� 468.495 [1977 c.650 �7; repealed by 1991 c.920 �24]

(Medium- and Heavy-Duty Zero-Emission Vehicle Infrastructure)

�� 468.498 Medium- and Heavy-Duty Electrification Charging Fund. (1) The Medium- and Heavy-Duty Electrification Charging Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Medium- and Heavy-Duty Electrification Charging Fund must be credited to the Medium- and Heavy-Duty Electrification Charging Fund.

�� (2) Moneys in the Medium- and Heavy-Duty Electrification Charging Fund consist of amounts donated to the fund, amounts appropriated or otherwise transferred to the fund by the Legislative Assembly, other amounts deposited to the fund from any public or private source and interest earned by the fund.

�� (3) Moneys in the Medium- and Heavy-Duty Electrification Charging Fund are continuously appropriated to the Department of Environmental Quality for a grant program to support medium- and heavy-duty zero emission vehicle charging and fueling infrastructure projects authorized under ORS 468.035.

�� (4) Not more than 10 percent of the moneys in the Medium- and Heavy-Duty Electrification Charging Fund in each biennium may be expended to pay the department�s expenses, or the expenses of any other person the department hires or with which the department contracts, to administer the grant program. [2022 c.74 �4; 2025 c.2 �28]

�� Note: 468.498 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 468.500 [Formerly 449.850; renumbered

ORS 468.903

468.903; 2007 c.71 �147]

�� 466.515 Electric transformers or capacitors exempted; rules. Notwithstanding ORS 466.510:

�� (1) PCB or an item, product or material containing PCB may be sold for use or used in this state if it is used in a closed system as a dielectric fluid for an electric transformer or capacitor pursuant to rules of the commission to insure the public health. However, upon adequate documentation of the availability of reasonable substitutes which meet performance standards and environmental acceptability, the commission after public hearing by rule may modify these exclusions in whole or in part by requiring the phasing in of the substitute or substitutes.

�� (2) An item, product or material containing PCB may be manufactured for sale, sold for use or used in this state pursuant to an exemption certificate issued by the department under ORS 466.520. [Formerly 468.906]

�� 466.520 Exemption certificates; applications; conditions. (1) A person may make written application to the department for an exemption certificate on forms provided by the department. The department may require additional information or materials to accompany the application as it considers necessary for an accurate evaluation of the application.

�� (2) The department shall grant an exemption for residual amounts of PCB remaining in electric transformer cores after the PCB in a transformer is drained and the transformer is filled with a substitute approved under ORS 466.515.

�� (3) The department may grant an exemption for an item, product or material manufactured for sale, sold for use, or used by the person if the item, product or material contains incidental concentrations of PCB.

�� (4) In granting a certificate of exemption, the department shall impose conditions on the exemption in order that the exemption covers only incidental concentrations of PCB.

�� (5) As used in this section, �incidental concentrations of PCB� means concentrations of PCB which are beyond the control of the person and which are not the result of the person having:

�� (a) Exposed the item, product or material to concentrations of PCB.

�� (b) Failed to take reasonable measures to rid the item, product or material of concentrations of PCB.

�� (c) Failed to use a reasonable substitute for the item, product or material for which the exemption is sought. [Formerly 468.909]

�� 466.525 Additional PCB compounds may be prohibited by rule. The commission after hearing by rule may include as a PCB and regulate accordingly any chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these compounds that have functional groups attached other than chlorine if that functional group on the chlorinated biphenyls, terphenyls, higher polyphenyls, or mixtures of these compounds is found to constitute a danger to public health. [Formerly 468.912]

�� 466.530 Prohibited disposal of waste containing PCB. After October 4, 1977, a person shall not dispose of solid or liquid waste resulting from the use of PCB or an item, product or material containing or which has contained a concentration equal to or greater than 100 ppm of PCB except in conformity with rules of the commission adopted pursuant to ORS 466.005 to 466.385 and 466.992. [Formerly 468.921]

�� 466.540 [1987 c.539 �52; 1987 c.735 �1; 1989 c.171 �60; renumbered 465.200 in 1989]

�� 466.547 [1987 c.735 �2; renumbered 465.205 in 1989]

�� 466.550 [1987 c.735 �3; renumbered 465.210 in 1989]

�� 466.553 [1987 c.735 �4; renumbered 465.400 in 1989]

�� 466.555 [1987 c.735 �5; renumbered 465.420 in 1989]

�� 466.557 [1987 c.735 �6; 1989 c.485 �1; renumbered 465.215 in 1989]

�� 466.560 [1987 c.735 �7; 1989 c.485 �9; renumbered 465.220 in 1989]

�� 466.563 [1987 c.735 �8; 1989 c.485 �10; renumbered 465.245 in 1989]

�� 466.565 [1987 c.735 �9; renumbered 465.250 in 1989]

�� 466.567 [1987 c.735 �10; renumbered

ORS 468A.075

468A.075 and the vehicle has visible emissions exceeding visible emissions allowed under Visible Emission Standard II under ORS 815.195.

�� (2) The exemptions from this section are established under ORS 815.205.

�� (3) The offense described in this section, violation of visible emission limits, is a Class D traffic violation. [1983 c.338 �485; 1985 c.393 �21]

�� 815.205 Exemptions from visible emission limits. This section establishes exemptions from ORS 815.195 and 815.200. The exemptions under this section are in addition to any exemptions under ORS 801.026. Exemptions under this section are partial or complete as described in the following:

�� (1) Motor vehicles registered as farm vehicles under ORS 805.300 are not subject to the limits on visible emissions.

�� (2) Vehicles of special interest and antique vehicles are not subject to the limits on visible emissions if the vehicles are maintained as a collectors� item and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

�� (3) The visible emission limits apply only in counties having a population over 50,000 according to the 1970 federal decennial census that are located west of the summit of the Cascade Mountains. The summit of the Cascade Mountains is determined for purposes of this subsection by the line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County, thence southerly along the western boundaries of the counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon. [1983 c.338 �487]

(Windows)

�� 815.210 Operation of vehicle without approved material in windows; exemptions; penalty. (1) A person commits the offense of operation of a vehicle without approved materials in windows if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle with a windshield or windows that do not conform to the standards established by the Department of Transportation under ORS 815.040.

�� (2) This section does not apply to the following vehicles:

�� (a) Any motor vehicle manufactured on or before January 1, 1954, and registered in this state. The exemption under this paragraph does not apply to windshields or windows that have been replaced after January 1, 1954.

�� (b) Vehicles of special interest that are registered under ORS 805.020 and that are:

�� (A) Equipped with original manufacturer�s equipment and accessories, or their equivalent, that are maintained in safe operating condition; or

�� (B) Street rods that conform to ORS 815.107.

�� (c) Road machinery, road rollers or farm tractors.

�� (d) Antique vehicles that are maintained as collectors� items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

�� (3) The vehicle exemptions under this section are also exemptions from the prohibitions under ORS 815.090 against replacing vehicle window or windshield with any unapproved material as provided in that section.

�� (4) The offense described in this section, operation of a vehicle without approved materials in windows, is a Class C traffic violation. [1983 c.338 �488; 1985 c.16 �254; 1985 c.393 �22; 1997 c.402 �12; 2003 c.158 �6]

�� 815.215 Failure to have windshield wipers; exemptions; penalty. (1) A person commits the offense of failure to have windshield wipers if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that has a windshield and that is not equipped with windshield wipers that meet the requirements under this section.

�� (2) Windshield wipers meet the requirements of this section if the windshield wipers are designed for cleaning rain or other moisture from the windshield and so constructed as to be controlled or operated by the driver of the vehicle.

�� (3) This section does not apply to the following vehicles:

�� (a) Vehicles of special interest that are registered under ORS 805.020 and that are:

�� (A) Equipped with original manufacturer�s equipment and accessories, or their equivalent, and that are maintained in safe operating condition; or

�� (B) The vehicles are street rods that conform to ORS 815.107.

�� (b) Road machinery, road rollers or farm tractors.

�� (c) Antique vehicles that are maintained as collectors� items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

�� (d) Motorcycles.

�� (4) The offense described in this section, failure to have windshield wipers, is a Class C traffic violation. [1983 c.338 �489; 1997 c.402 �13; 2003 c.158 �14]

�� 815.220 Obstruction of vehicle windows; penalty. (1) A person commits the offense of obstruction of vehicle windows if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway any vehicle with windows obstructed in a manner prohibited under this section.

�� (2) The windows of a vehicle are obstructed in a manner prohibited by this section if any material that prevents or impairs the ability to see into or out of the vehicle is upon any vehicle window described in this subsection. This subsection applies to any sign, poster, one-way glass, adhesive film, glaze application or other material if the material prevents or impairs the ability to see into or out of the vehicle. This subsection only applies to the following windows of the vehicle:

�� (a) The front windshield.

�� (b) The side-wings.

�� (c) The side windows on either side forward of or adjacent to the operator�s seat.

�� (3) Nothing in this section prohibits safety glazing materials of a type that conforms to standards established under ORS 815.040.

�� (4) Nothing in this section prohibits placement of permits in accordance with the provisions of ORS 803.650 or with rules adopted by the Department of Transportation under ORS 803.650.

�� (5) Nothing in this section prohibits the application of tinting material to the windows of a motor vehicle in compliance with ORS 815.221.

�� (6) The offense described in this section, obstruction of vehicle windows, is a Class D traffic violation. [1983 c.338 �490; 1985 c.16 �255; 1987 c.166 �5; 1995 c.263 �4; 1995 c.383 �91; 2003 c.158 �5; 2013 c.199 �1]

�� 815.221 Tinting; authorized and prohibited materials; certificate. (1) Notwithstanding any other provision of law, a person may apply tinting material to the windows of a motor vehicle in compliance with this section.

�� (2) Tinting material may be applied to the side and rear windows of a motor vehicle if:

�� (a) The tinting material has a light transmittance of 50 percent or more;

�� (b) The tinting material has a light reflectance of 13 percent or less; and

�� (c) The total light transmittance through the window with the tinting material applied is 35 percent or more.

�� (3) Tinting material that has a lower light transmittance or produces a lower total light transmittance than permitted in subsection (2)(a) and (c) of this section may be applied to the top six inches of a windshield. Tinting material may not be applied to any other portion of the windshield.

�� (4) Tinting material that has a lower light transmittance or produces a lower total light transmittance than permitted in subsection (2)(a) and (c) of this section may be applied to all windows of a multipurpose passenger vehicle that are behind the driver. This subsection applies only to vehicles that are equipped with rearview mirrors on each side of the vehicle. The windows as tinted shall meet the requirements for AS-3 glazing material established by federal regulation. For purposes of this subsection, a �multipurpose passenger vehicle� is a motor vehicle with motive power that is designed to carry 10 or fewer persons and is constructed either on a truck chassis or with special features for occasional off-road operation.

�� (5) Tinting material that has a lower light transmittance or produces a lower total light transmittance than permitted in subsection (2)(a) and (c) of this section may be applied to the side and rear windows of a vehicle registered in the name of a person, or the person�s legal guardian, if the person has any of the following documents signed by a validly licensed physician or optometrist stating that the person or another person in the person�s household has a physical condition requiring window tinting that produces a lower light transmittance than allowed by this section:

�� (a) An affidavit.

�� (b) A prescription.

�� (c) A letter on the practitioner�s letterhead.

�� (6) The document required by subsection (5) of this section shall be kept in the vehicle and shall be shown to a police officer who inquires about the tint.

�� (7) There are no light transmittance requirements for glazing materials applied to AS-3 type windows.

�� (8) The following types of tinting material are not permitted:

�� (a) Mirror finish products.

�� (b) Red, gold, yellow, amber or black material.

�� (c) Tinting material that is in liquid preapplication form and is brushed or sprayed on.

�� (9) Each person who installs window tinting material in compliance with this section shall give the person who requested the installation a certificate stating:

�� (a) The name and address of the person who installed the tint;

�� (b) The light transmittance of the tinting material;

�� (c) The light reflectance of the tinting material; and

�� (d) That the total light transmittance through each window with the tinting material applied is not less than 35 percent.

�� (10) The certificate issued under subsection (9) of this section shall be kept in the motor vehicle and shall be shown to a police officer who inquires about the tint.

�� (11) Prohibitions and penalties related to the standards established under this section are provided under ORS 815.222. [1995 c.263 �2; 2003 c.158 �8; 2015 c.579 �1]

�� 815.222 Illegal window tinting; dismissal; penalty. (1) A person commits the offense of illegal window tinting if the person applies window tinting material that does not comply with ORS 815.221 or applies window tinting material to a window of a motor vehicle that is not authorized by ORS 815.221 to be equipped with window tinting material.

�� (2) A person commits the offense of operating a vehicle with illegal window tinting if the person operates a vehicle registered or required to be registered in Oregon that is equipped with window tinting material that is not in compliance with or authorized by ORS 815.221.

�� (3) Each offense described in this section is a Class B traffic violation.

�� (4) A court may dismiss a citation issued for violation of subsection (2) of this section, or reduce the fine that the court would otherwise have imposed for the offense, if the defendant establishes to the satisfaction of the court that after the citation for the offense was issued the windows of the vehicle were modified to comply with the requirements of ORS 815.221. In determining whether the windows of the vehicle were modified to comply with the requirements of ORS 815.221, the court may consider:

�� (a) A receipt from a business for removing nonconforming window tinting or installation of conforming window tinting;

�� (b) A written statement by a law enforcement officer indicating that the window tinting was modified to comply with the requirements of ORS 815.221; and

�� (c) Any other evidence produced by the defendant to show modification or removal of the nonconforming window tinting.

�� (5) A court may dismiss a citation issued for violation of subsection (2) of this section, or reduce the fine that the court would otherwise have imposed for the offense, if the defendant establishes to the satisfaction of the court that at the time the citation for the offense was issued the person or another person in the person�s household had a physical condition requiring window tinting that produces a lower light transmittance than allowed by ORS 815.221. In determining whether the person or another person in the person�s household had a physical condition that requires window tinting that produces a lower light transmittance, the court may consider any of the following documents signed by a validly licensed physician or optometrist stating that the person has a physical condition requiring window tinting that produces a lower light transmittance than allowed by ORS 815.221:

�� (a) An affidavit.

�� (b) A prescription.

�� (c) A letter on the practitioner�s letterhead. [1995 c.263 �3; 2013 c.216 �1; 2015 c.579 �2]

(Horns, Sound Equipment)

�� 815.225 Violation of use limits on sound equipment; exemptions; penalty. (1) A person commits the offense of violation of use limits on sound equipment if the person does any of the following:

�� (a) Uses upon a vehicle, any bell, siren, compression or exhaust whistle.

�� (b) Uses a horn otherwise than as a reasonable warning or makes any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device.

�� (2) Authorized emergency vehicles and ambulances are not subject to this section but are subject to ORS 820.370 and 820.380.

�� (3) The offense described in this section, violation of use limits on sound equipment, is a Class C traffic violation. [1983 c.338 �491]

�� Note: The amendments to 815.225 by section 12, chapter 278, Oregon Laws 2025, become operative January 1, 2027. See section 24, chapter 278, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 815.225. (1) A person commits the offense of violation of use limits on sound equipment if the person does any of the following:

�� (a) Uses upon a vehicle, any bell, siren, compression or exhaust whistle.

�� (b) Uses a horn otherwise than as a reasonable warning or makes any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device.

�� (2) Authorized emergency vehicles, organ transport vehicles and ambulances are not subject to this section but are subject to ORS 820.370 and 820.380.

�� (3) The offense described in this section, violation of use limits on sound equipment, is a Class C traffic violation.

�� 815.230 Violation of sound equipment requirements; exemptions; penalty. (1) A person commits the offense of violation of vehicle sound equipment requirements if the person drives or moves on any highway or owns and causes or knowingly permits to be driven on any highway any vehicle that violates any of the following equipment provisions:

�� (a) A motor vehicle must be equipped with a horn in good working order, capable of emitting sounds audible under normal conditions from a distance of not less than 200 feet.

�� (b) No vehicle shall be equipped with any bell, siren, compression or exhaust whistle.

�� (2) This section is subject to the exemptions under this subsection in addition to any exemptions under ORS 801.026. The exemptions under this subsection are partial or complete as described in the following:

�� (a) Authorized emergency vehicles are subject to sound equipment requirements and limitations as provided in ORS 820.370 and 820.380.

�� (b) Vehicles of special interest that are registered under ORS 805.020 are not subject to this section if the vehicles are:

�� (A) Equipped with original manufacturer�s equipment and accessories, or their equivalent, and are maintained in safe operating condition; or

�� (B) Street rods that conform to ORS 815.107.

�� (c) Bicycles are subject to requirements and limitations on sound equipment as provided under ORS 815.280.

�� (d) Antique vehicles are not subject to the requirements if the vehicles are maintained as collectors� items and used for exhibitions, parades, club activities and similar uses, but not used primarily for the transportation of persons or property.

�� (e) The requirements do not apply to road machinery, road rollers and farm tractors.

�� (f) Electric personal assistive mobility devices are subject to requirements and limitations on sound equipment as provided under ORS 815.284.

�� (3) The offense described in this section, violation of vehicle sound equipment requirements, is a Class C traffic violation. [1983 c.338 �492; 1985 c.16 �256; 1997 c.402 �14; 2003 c.341 �16]

(Sound System Amplification)

�� 815.232 Unreasonable sound amplification from a vehicle; penalty. (1) A person commits the offense of causing unreasonable sound amplification from a vehicle if the person operates, or permits the operation of, any sound amplification system which is plainly audible outside of a vehicle from 50 or more feet when the vehicle is on a public highway or on premises open to the public, unless that system is being operated to request assistance or warn of a hazardous situation.

�� (2) Subsection (1) of this section does not apply to:

�� (a) Vehicles being operated outside of an urban growth boundary;

�� (b) Emergency vehicles as defined in ORS 801.260;

�� (c) Vehicles operated by utilities defined under ORS 757.005, 758.505 or 759.005, or telecommunications carriers as defined in ORS 133.721;

�� (d) Sound systems of vehicles used for advertising, or in parades, political or other special events, except that the use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution;

�� (e) Audio alarm systems installed in vehicles; or

�� (f) Federal Communications Commission licensed two-way radio communications systems.

�� (3) As used in subsection (1) of this section, �plainly audible� means any sound for which the information content of that sound is unambiguously communicated to the listener including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal or comprehensible musical rhythms or vocal sounds.

�� (4) The offense described in this section, causing unreasonable sound amplification from a vehicle, is a Class D traffic violation. [1991 c.601 �3; 1995 c.383 �27; 1999 c.1093 �19]

�� Note: 815.232 and 815.233 were added to and made a part of the Oregon Vehicle Code by legislative action but were not added to ORS chapter 815 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 815.233 Enhancement of penalty for violation of ORS 815.232. A person otherwise convicted of a violation under ORS 815.232 (4) commits a misdemeanor if:

�� (1) The person has been convicted of three or more violations of ORS 815.232 (1) within 12 months immediately preceding the commission of the offense; and

�� (2) The prior convictions are admitted by the defendant or alleged in the accusatory pleading. [1991 c.601 �4; 1999 c.1051 �92]

�� Note: See note under 815.232.

(Mirrors)

�� 815.235 Operation without rearview mirror; exemptions; penalty. (1) A person commits the offense of operation without a rearview mirror if the person does any of the following:

�� (a) Drives or moves on any highway any motor vehicle that is not equipped with a rearview mirror or device that meets the requirements under this section.

�� (b) Owns a motor vehicle and causes or knowingly permits the vehicle to be driven or moved on any highway when the vehicle is not equipped with a rearview mirror or device that meets the requirements under this section.

�� (2) A rearview mirror or device only meets the requirements of this section if it enables the driver of the vehicle to have such a clear and unobstructed view of the rear at all times and under all conditions of load as will enable the driver to see any other vehicle approaching from not less than 200 feet in the rear on an unobstructed road.

�� (3) This section does not apply to the following vehicles:

�� (a) Vehicles of special interest that are registered under ORS 805.020 and that were not equipped with rearview mirrors when originally manufactured.

�� (b) Road machinery, road rollers or farm tractors.

�� (c) Antique vehicles that are registered under ORS 805.010 and that were not equipped with rearview mirrors when originally manufactured.

�� (4) The offense described in this section, operation without a rearview mirror, is a Class C traffic violation. [1983 c.338 �493; 1985 c.69 �3; 2015 c.138 �33]

�� 815.237 Forward crossview mirror; failure to inspect; exemptions; penalty. (1) As used in this section, �forward crossview mirror� means a mirror or device that enables the driver of a motor truck to have a clear and unobstructed view of persons or objects directly in front of the motor truck.

�� (2) A person commits the offense of failure to inspect if the person operates a motor truck with a combined weight of more than 10,000 pounds used in commercial delivery and the person:

�� (a) Operates the motor truck without a forward crossview mirror; or

�� (b) Fails to visually inspect the intended path of the vehicle to verify that the path is free of persons or objects before the person reenters the motor truck.

�� (3) This section does not apply to:

�� (a) Commercial buses;

�� (b) Tow vehicles;

�� (c) Vehicles owned or operated by the United States or by any governmental jurisdiction within the United States except when owned or operated as a carrier of property for hire;

�� (d) Vehicles owned or operated by a mass transit district created under ORS chapter 267; or

�� (e) Vehicles used for solid waste or recycling collection.

�� (4) The offense described in this section, failure to inspect, is a Class C traffic violation. [2007 c.794 �3]

�� Note: 815.237 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 815 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

(Image Display Devices)

�� 815.240 Unlawful use of image display device; exemptions; penalty. (1) As used in this section, �image display device� means equipment capable of displaying to the driver of a motor vehicle:

�� (a) A broadcast television image; or

�� (b) A visual image from a digital video disc or video cassette player.

�� (2) Except as provided in subsection (3) of this section, a person commits the offense of unlawful use of an image display device if the person drives or moves on any highway, or owns and causes or knowingly permits to be driven or moved on any highway, any motor vehicle equipped with any image display device that is displaying a broadcast television image or a visual image from a digital video disc or video cassette player that is visible to the driver while operating the motor vehicle.

�� (3) Subsection (2) of this section does not apply to:

�� (a) Emergency vehicles; or

�� (b) Use of image display devices that are displaying images for navigational purposes.

�� (4) The offense described in this section, unlawful use of an image display device, is a Class B traffic violation. [1983 c.338 �494; 1985 c.69 �4; 2005 c.572 �1]

(Clearance)

�� 815.245 Violation of minimum clearance requirements for passenger vehicles; penalty. (1) A person commits the offense of violation of minimum clearance requirements for passenger vehicles if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway any passenger motor vehicle that does not have the clearance from the surface of the roadway required by this section.

�� (2) A vehicle does not have the clearance from the surface of the roadway required by this section if any portion of the vehicle, other than the wheels, has less clearance from the surface of a level roadway than the clearance between the roadway and the lowest portion of any rim of any wheel in contact with the roadway.

�� (3) The offense described in this section, violation of minimum clearance requirements for passenger vehicles, is a Class B traffic violation. [1983 c.338 �495]

(Exhaust System)

�� 815.250 Operation without proper exhaust system; exemptions; penalty. (1) A person commits the offense of operation without proper exhaust system if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle that is not equipped with an exhaust system that meets the requirements under this section.

�� (2) An exhaust system only meets the requirements of this section if all of the following apply:

�� (a) The exhaust system must be in good working order.

�� (b) The exhaust system must be in constant operation.

�� (c) The exhaust system must meet noise emission standards determined by the Department of Environmental Quality to be substantially equivalent to the following standards based upon a stationary test conducted at a distance of 25 feet in accordance with procedures established by the Department of Environmental Quality:

�� Maximum

�� level,�� Model,

�� Vehicle type�� dBA�� Year

I.�� Motor vehicles

�� required to

�� establish a

�� registration

�� weight under

�� ORS 803.430

�� and commercial

�� buses�� 94�� before

�� 1976

�� 91�� 1976 and

�� after

II.�� Motorcycles and

�� mopeds�� 94�� before

�� 1976

�� 91�� 1976

�� 89�� after 1976

III. Motor vehicles

�� not described

�� under I or II�� 92�� before

�� 1976

�� 88�� 1976 and

�� after

�� (3) This section does not apply to the following vehicles:

�� (a) Vehicles of special interest that are registered under ORS 805.020 and that are:

�� (A) Equipped with original manufacturer�s equipment and accessories, or their equivalent, and that are maintained in safe operating condition; or

�� (B) Street rods that conform to ORS 815.107.

�� (b) Road machinery, road rollers or farm tractors.

�� (4) The court in its discretion may dismiss a citation issued for violation of the offense described in this section if evidence is presented that the exhaust system complies with or has been repaired or modified to comply with the requirements under this section.

�� (5) The offense described in this section, operation without proper exhaust system, is a Class C traffic violation. [1983 c.338 �496; 1985 c.16 �257; 1985 c.393 �23; 1997 c.402 �15; 2015 c.138 �34]

(Speedometer)

�� 815.255 Operation of vehicle for hire without speedometer; exemptions; penalty. (1) A person commits the offense of operation of a vehicle for hire without a speedometer if the person drives or moves on any highway or owns and causes or knowingly permits to be driven or moved on any highway a motor vehicle used for carrying passengers for hire that is not equipped with a speedometer or other registering device capable of registering accurately the speed at which the vehicle is operated.

�� (2) This section is subject to the following exemptions in addition to any exemptions under ORS

ORS 468A.210

468A.210, with the other greenhouse gases expressed as their carbon dioxide equivalent; and

�� (b) Modify the emissions standard based upon current information on the rate of greenhouse gas emissions from a commercially available combined-cycle natural gas generating facility that:

�� (A) Employs a combination of one or more gas turbines and one or more steam turbines and produces electricity in the steam turbines from waste heat produced by the gas turbines;

�� (B) Has a heat rate at high elevation within the boundaries of the Western Electricity Coordinating Council; and

�� (C) Has a heat rate at ambient temperatures when operating during the hottest day of the year.

�� (5) In modifying the greenhouse gas emissions standard, the department shall:

�� (a) Use an output-based methodology to ensure that the calculation of greenhouse gas emissions through cogeneration recognizes the total usable energy output of the process and includes all greenhouse gases emitted by the generating facility in the production of both electrical and thermal energy; and

�� (b) Consider the effects of the emissions standard on system reliability and overall costs to electricity consumers.

�� (6) If upon a review conducted pursuant to subsection (4) of this section, the department determines that a mandatory greenhouse gas emissions limit has been established pursuant to state or federal law, the department shall issue a report to the appropriate legislative committees of the Legislative Assembly stating which portions, if any, of the greenhouse gas emissions standard are no longer necessary as a matter of state law. [2009 c.751 �3]

�� Note: See note under 757.522.

�� 757.530 [Repealed by 1971 c.655 �250]

�� 757.531 Emissions standard-based restrictions on long-term financial commitments by electric companies or electricity service suppliers; rules. (1)(a) An electric company or electricity service supplier may not enter into a long-term financial commitment unless the baseload electricity acquired under the commitment is produced by a generating facility that complies with a greenhouse gas emissions standard established under ORS 757.524.

�� (b) A generating facility complies with the greenhouse gas emissions standard established under ORS 757.524 if the rate of emissions of the facility does not exceed the emissions standard.

�� (c) In determining whether a generating facility complies with the emissions standard, the total emissions associated with producing baseload electricity at the generating facility are included in determining the rate of emissions of greenhouse gases. The total emissions associated with producing electricity at the generating facility do not include emissions associated with transportation, fuel extraction or other life-cycle emissions associated with obtaining the fuel for the facility.

�� (2) Notwithstanding subsection (1) of this section, the emissions standard does not apply to greenhouse gas emissions produced by a generating facility owned by an electric company or electricity service supplier or contracted through a long-term financial commitment if the emissions:

�� (a) Come from a facility powered exclusively by renewable energy sources described in ORS

ORS 468B.040

468B.040 and 468B.045; and

�� (c) All of the remaining moneys received each year are continuously appropriated to the Water Resources Commission and the Water Resources Department to provide for the payment of the administrative expenses of the commission and the department in carrying out their responsibilities related to the issuance of permits, licenses or water right certificates for hydroelectric projects.

�� (2) The following shall be deposited into the State Treasury and credited to the Water Resources Department Hydroelectric Fund:

�� (a) Fees received by the Water Resources Department for hydroelectric projects under ORS 536.050,

ORS 469.040

469.040.

�� (11) �Electric utility� means persons, regulated electrical companies, people�s utility districts, joint operating agencies, electric cooperatives, municipalities or any combination thereof, engaged in or authorized to engage in the business of generating, supplying, transmitting or distributing electric energy.

�� (12)(a) �Energy facility� means any of the following:

�� (A) An electric power generating plant with a nominal electric generating capacity of 25 megawatts or more, including but not limited to:

�� (i) Thermal power;

�� (ii) Combustion turbine power plant; or

�� (iii) Solar thermal power plant.

�� (B) A nuclear installation as defined in this section.

�� (C) A high voltage transmission line of more than 10 miles in length with a capacity of 230,000 volts or more to be constructed in more than one city or county in this state, but excluding:

�� (i) Lines proposed for construction entirely within 500 feet of an existing corridor occupied by high voltage transmission lines with a capacity of 230,000 volts or more;

�� (ii) Lines of 57,000 volts or more that are rebuilt and upgraded to 230,000 volts along the same right of way; and

�� (iii) Associated transmission lines.

�� (D) A solar photovoltaic power generation facility using more than:

�� (i) 240 acres located on high-value farmland as defined in ORS 195.300;

�� (ii) 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (iii) 3,840 acres located on any other land.

�� (E) A pipeline that is:

�� (i) At least six inches in diameter, and five or more miles in length, used for the transportation of crude petroleum or a derivative thereof, liquefied natural gas, a geothermal energy form in a liquid state or other fossil energy resource, excluding a pipeline conveying natural or synthetic gas;

�� (ii) At least 16 inches in diameter, and five or more miles in length, used for the transportation of natural or synthetic gas, but excluding:

�� (I) A pipeline proposed for construction of which less than five miles of the pipeline is more than 50 feet from a public road, as defined in ORS 368.001; or

�� (II) A parallel or upgraded pipeline up to 24 inches in diameter that is constructed within the same right of way as an existing 16-inch or larger pipeline that has a site certificate, if all studies and necessary mitigation conducted for the existing site certificate meet or are updated to meet current site certificate standards; or

�� (iii) At least 16 inches in diameter and five or more miles in length used to carry a geothermal energy form in a gaseous state but excluding a pipeline used to distribute heat within a geothermal heating district established under ORS chapter 523.

�� (F) A synthetic fuel plant which converts a natural resource including, but not limited to, coal or oil to a gas, liquid or solid product intended to be used as a fuel and capable of being burned to produce the equivalent of two billion Btu of heat a day.

�� (G) A plant which converts biomass to a gas, liquid or solid product, or combination of such products, intended to be used as a fuel and if any one of such products is capable of being burned to produce the equivalent of six billion Btu of heat a day.

�� (H) A storage facility for liquefied natural gas constructed after September 29, 1991, that is designed to hold at least 70,000 gallons.

�� (I) A surface facility related to an underground gas storage reservoir that, at design injection or withdrawal rates, will receive or deliver more than 50 million cubic feet of natural or synthetic gas per day, or require more than 4,000 horsepower of natural gas compression to operate, but excluding:

�� (i) The underground storage reservoir;

�� (ii) The injection, withdrawal or monitoring wells and individual wellhead equipment; and

�� (iii) An underground gas storage reservoir into which gas is injected solely for testing or reservoir maintenance purposes or to facilitate the secondary recovery of oil or other hydrocarbons.

�� (J) An electric power generating plant with an average electric generating capacity of 50 megawatts or more if the power is produced from geothermal energy at a single energy facility or within a single energy generation area.

�� (K) An electric power generating plant with an average electric generating capacity of 100 megawatts or more if the power is produced from wind energy at a single energy facility or within a single energy generation area.

�� (b) �Energy facility� does not include a hydroelectric facility or an energy facility under paragraph (a)(A)(iii) or (D) of this subsection that is established on the site of a decommissioned United States Air Force facility that has adequate transmission capacity to serve the energy facility.

�� (13) �Energy generation area� means an area within which the effects of two or more small generating plants may accumulate so the small generating plants have effects of a magnitude similar to a single generating plant of 35 megawatts average electric generating capacity or more. An �energy generation area� for facilities using a geothermal resource and covered by a unit agreement, as provided in ORS 522.405 to 522.545 or by federal law, shall be defined in that unit agreement. If no such unit agreement exists, an energy generation area for facilities using a geothermal resource shall be the area that is within two miles, measured from the electrical generating equipment of the facility, of an existing or proposed geothermal electric power generating plant, not including the site of any other such plant not owned or controlled by the same person.

�� (14) �Extraordinary nuclear occurrence� means any event causing a discharge or dispersal of source material, special nuclear material or by-product material as those terms are defined in ORS 453.605, from its intended place of confinement off-site, or causing radiation levels off-site, that the United States Nuclear Regulatory Commission or its successor determines to be substantial and to have resulted in or to be likely to result in substantial damages to persons or property off-site.

�� (15) �Facility� means an energy facility together with any related or supporting facilities.

�� (16) �Geothermal reservoir� means an aquifer or aquifers containing a common geothermal fluid.

�� (17) �Local government� means a city or county.

�� (18) �Nominal electric generating capacity� means the maximum net electric power output of an energy facility based on the average temperature, barometric pressure and relative humidity at the site during the times of the year when the facility is intended to operate.

�� (19) �Nuclear incident� means any occurrence, including an extraordinary nuclear occurrence, that results in bodily injury, sickness, disease, death, loss of or damage to property or loss of use of property due to the radioactive, toxic, explosive or other hazardous properties of source material, special nuclear material or by-product material as those terms are defined in ORS 453.605.

�� (20) �Nuclear installation� means any power reactor, nuclear fuel fabrication plant, nuclear fuel reprocessing plant, waste disposal facility for radioactive waste, and any facility handling that quantity of fissionable materials sufficient to form a critical mass. �Nuclear installation� does not include any such facilities that are part of a thermal power plant.

�� (21) �Nuclear power plant� means an electrical or any other facility using nuclear energy with a nominal electric generating capacity of 25 megawatts or more, for generation and distribution of electricity, and associated transmission lines.

�� (22) �Person� means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people�s utility district, or any other entity, public or private, however organized.

�� (23) �Project order� means the order, including any amendments, issued by the State Department of Energy under ORS 469.330.

�� (24)(a) �Radioactive waste� includes all material which is discarded, unwanted or has no present lawful economic use, and contains mined or refined naturally occurring isotopes, accelerator produced isotopes and by-product material, source material or special nuclear material as those terms are defined in ORS 453.605.

�� (b) �Radioactive waste� does not include:

�� (A) Materials identified by the council by rule as presenting no significant danger to the public health and safety.

�� (B) Uranium mine overburden or uranium mill tailings, mill wastes or mill by-product materials as those terms are defined in Title 42, United States Code, section 2014, on June 25, 1979.

�� (25) �Related or supporting facilities� means any structure, proposed by the applicant, to be constructed or substantially modified in connection with the construction of an energy facility, including associated transmission lines, reservoirs, storage facilities, intake structures, road and rail access, pipelines, barge basins, office or public buildings, and commercial and industrial structures. �Related or supporting facilities� does not include geothermal or underground gas storage reservoirs, production, injection or monitoring wells or wellhead equipment or pumps.

�� (26) �Site� means any proposed location of an energy facility and related or supporting facilities.

�� (27) �Site certificate� means the binding agreement between the State of Oregon and the applicant, authorizing the applicant to construct and operate a facility on an approved site, incorporating all conditions imposed by the council on the applicant.

�� (28) �Thermal power plant� means an electrical facility using any source of thermal energy with a nominal electric generating capacity of 25 megawatts or more, for generation and distribution of electricity, and associated transmission lines, including but not limited to a nuclear-fueled, geothermal-fueled or fossil-fueled power plant, but not including a portable power plant the principal use of which is to supply power in emergencies. �Thermal power plant� includes a nuclear-fueled thermal power plant that has ceased to operate.

�� (29) �Transportation� means the transport within the borders of the State of Oregon of radioactive material destined for or derived from any location.

�� (30) �Underground gas storage reservoir� means any subsurface sand, strata, formation, aquifer, cavern or void, whether natural or artificially created, suitable for the injection, storage and withdrawal of natural gas or other gaseous substances. �Underground gas storage reservoir� includes a pool as defined in ORS 520.005.

�� (31) �Utility� includes:

�� (a) A person, a regulated electrical company, a people�s utility district, a joint operating agency, an electric cooperative, municipality or any combination thereof, engaged in or authorized to engage in the business of generating, transmitting or distributing electric energy;

�� (b) A person or public agency generating electric energy from an energy facility for its own consumption; and

�� (c) A person engaged in this state in the transmission or distribution of natural or synthetic gas.

�� (32) �Waste disposal facility� means a geographical site in or upon which radioactive waste is held or placed but does not include a site at which radioactive waste used or generated pursuant to a license granted under ORS 453.635 is stored temporarily, a site of a thermal power plant used for the temporary storage of radioactive waste from that plant for which a site certificate has been issued pursuant to this chapter or a site used for temporary storage of radioactive waste from a reactor operated by a college, university or graduate center for research purposes and not connected to the Northwest Power Grid. As used in this subsection, �temporary storage� includes storage of radioactive waste on the site of a nuclear-fueled thermal power plant for which a site certificate has been issued until a permanent storage site is available by the federal government. [Formerly 453.305; 1977 c.796 �1; 1979 c.283 �1; 1981 c.587 �1; 1981 c.629 �2; 1981 c.707 �1; 1981 c.866 �1; 1991 c.480 �4; 1993 c.544 �3; 1993 c.569 �3; 1995 c.505 �6; 1995 c.551 �10; 1997 c.606 �1; 1999 c.365 �5; 2001 c.134 �2; 2001 c.683 �6; 2003 c.186 �28; 2013 c.320 �1; 2019 c.650 �1; 2021 c.38 �1; 2023 c.336 �3; 2024 c.25 �1; 2025 c.162 �1]

�� 469.310 Policy. In the interests of the public health and the welfare of the people of this state, it is the declared public policy of this state that the siting, construction and operation of energy facilities shall be accomplished in a manner consistent with protection of the public health and safety and in compliance with the energy policy and air, water, solid waste, land use and other environmental protection policies of this state. It is, therefore, the purpose of ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 to exercise the jurisdiction of the State of Oregon to the maximum extent permitted by the United States Constitution and to establish in cooperation with the federal government a comprehensive system for the siting, monitoring and regulating of the location, construction and operation of all energy facilities in this state. It is furthermore the policy of this state, notwithstanding ORS 469.010 (2)(f) and the definition of cost-effective in ORS 469.020, that the need for new generating facilities, as defined in ORS 469.503, is sufficiently addressed by reliance on competition in the market rather than by consideration of cost-effectiveness and shall not be a matter requiring determination by the Energy Facility Siting Council in the siting of a generating facility, as defined in ORS 469.503. [Formerly 453.315; 1997 c.428 �1; 2003 c.186 �29]

(Siting)

�� 469.320 Site certificate required; exceptions. (1) Except as provided in subsections (2) and (5) of this section, no facility shall be constructed or expanded unless a site certificate has been issued for the site thereof in the manner provided in ORS 469.300 to 469.563, 469.590 to

ORS 469.175

469.175); 1997 c.534 �7; 2005 c.832 �10; 2007 c.843 �33; renumbered 469B.115 in 2011]

�� 469.180 [1977 c.196 �6; 1979 c.670 �6; 1981 c.894 �7; 1983 c.346 �4; 1987 c.492 �5; 1989 c.880 �8; 1993 c.684 �1; 1997 c.534 �10; 2003 c.186 �22; 2005 c.832 �11; 2007 c.843 �34; renumbered 469B.118 in 2011]

�� 469.181 Definitions for ORS 469.181 and 469.183. As used in this section and ORS 469.183:

�� (1)(a) �Green electrolytic hydrogen� means hydrogen produced through electrolysis using:

�� (A) A renewable energy source as defined in ORS 469A.005;

�� (B) Nonemitting electricity that is not derived from a fossil fuel; or

�� (C) Electricity that has a carbon intensity that is equal to or less than the average carbon intensity of the electricity served in this state in the calendar year in which construction or expansion of the facility that produces the green electrolytic hydrogen began.

�� (b) �Green electrolytic hydrogen� does not include hydrogen manufactured using any conversion technology or steam reforming that produces hydrogen from a fossil fuel feedstock.

�� (2) �Nonemitting electricity� has the meaning given that term in ORS 469A.400.

�� (3) �Renewable hydrogen� means hydrogen produced using:

�� (a) A renewable energy source as defined in ORS 469A.005;

�� (b) Nonemitting electricity that is not derived from a fossil fuel; or

�� (c) Electricity that has a carbon intensity that is equal to or less than the average carbon intensity of the electricity served in this state in the calendar year in which construction or expansion of the facility that produces the renewable hydrogen began. [2023 c.98 �1]

�� Note: See note under 469.161.

�� 469.183 Accelerating adoption of green electrolytic and renewable hydrogen fuels. To support the state�s transition to clean energy by accelerating the production, distribution and end use of renewable hydrogen and green electrolytic hydrogen fuels, the State Department of Energy shall:

�� (1) Where appropriate, seek and apply for federal funds for which the state is eligible, and support other applications for federal funds, that may be used to support the development and deployment of renewable hydrogen and green electrolytic hydrogen in this state; and

�� (2) Provide education and increase awareness regarding renewable hydrogen and green electrolytic hydrogen for federally recognized Indian tribes, local governments, other state agencies, federal agencies, private entities, this state�s four-year public institutions of higher education, labor unions, environmental justice communities and other relevant entities. [2023 c.98 �2]

�� Note: See note under 469.161.

�� 469.185 [1979 c.512 �3; 1981 c.894 �17; 1985 c.745 �1; 1991 c.711 �1; 1997 c.534 �11; 1997 c.656 �5; 1999 c.365 �1; 1999 c.623 �4; 1999 c.765 �4; 2001 c.583 �4; 2007 c.591 �1; 2007 c.843 �16; 2010 c.76 �4; 2011 c.474 �25; renumbered 469B.130 in 2011]

�� 469.190 [1979 c.512 �2; renumbered

ORS 469.233

469.233, the Director of the State Department of Energy may adopt rules to update the minimum energy efficiency standards specified in ORS 469.233 if the director determines that the standards need to be updated:

�� (A) To promote energy conservation in the state;

�� (B) To achieve cost-effectiveness for consumers; or

�� (C) Due to federal action or to the outcome of collaborative consultations with manufacturers and the energy departments of other states.

�� (b)(A) In addition to the rules adopted under paragraph (a) of this subsection, the director may postpone by rule the operative date of any of the minimum energy efficiency standards specified in ORS 469.233 if the director determines that:

�� (i) Adjoining states with similar minimum energy efficiency standards have postponed the operative date of their corresponding minimum energy efficiency standards; or

�� (ii) Failure to modify the operative date of any of the minimum energy efficiency standards would impose a substantial hardship on manufacturers, retailers or the public.

�� (B)(i) The director may not postpone the operative date of a minimum energy efficiency standard under subparagraph (A) of this paragraph for more than one year.

�� (ii) If at the end of the first postponement period the director determines that adjoining states have further postponed the operative date of minimum energy efficiency standards and the requirements of subparagraph (A) of this paragraph continue to be met, the director may postpone the operative date for not more than one additional year.

�� (c) After the review pursuant to subsection (1) of this section, the director may adopt rules to establish new minimum energy efficiency standards if the director determines that new standards are needed:

�� (A) To promote energy conservation in the state;

�� (B) To achieve cost-effectiveness for consumers; or

�� (C) Due to federal action or to the outcome of collaborative consultations with manufacturers and the energy departments of other states.

�� (d) If the director adopts rules under paragraph (a) of this subsection to update the minimum energy efficiency standards specified in ORS 469.233 or under paragraph (c) of this subsection to establish new minimum energy efficiency standards:

�� (A) The rules may not take effect until one year following their adoption by the director; and

�� (B) The Governor shall cause to be introduced at the next Legislative Assembly a bill to conform the statutory minimum energy efficiency standards to the minimum energy efficiency standards adopted by the director by rule.

�� (3) Notwithstanding ORS 469.229 and 469.233 and the requirements of subsection (2) of this section, and after consultation with the appropriate advisory boards to the Department of Consumer and Business Services, the director may adopt rules to update the minimum energy efficiency standards or test methods specified in ORS 469.233 to a more recent version, including any product definitions associated with the standard or test method, if the director determines that the standard or test method needs to be updated to maintain or improve consistency with other comparable standards in other states. Rules adopted under this subsection shall take effect on or after the effective date of a similar standard or test method adopted by another state.

�� (4) If the director determines that implementation of a state minimum energy efficiency standard requires a waiver of federal preemption, the director shall apply for a waiver of federal preemption pursuant to 42 U.S.C. 6297(d). [2005 c.437 �8; 2007 c.375 �7; 2007 c.649 �6a; 2021 c.108 �6]

�� Note: See note under 469.229.

�� 469.262 [1989 c.926 �24; repealed by 1999 c.880 �2]

�� 469.267 [1989 c.926 �26; 1993 c.617 �9; repealed by 1999 c.880 �2]

�� 469.269 [1989 c.926 �27; 1993 c.617 �10; repealed by 1999 c.880 �2]

�� 469.270 [1989 c.926 �28; 1991 c.67 �139; repealed by 1993 c.617 �29]

�� 469.274 [1989 c.926 ��31,32; 1991 c.641 �7; 1993 c.617 �11; repealed by 1999 c.880 �2]

ENERGY PERFORMANCE STANDARDS FOR COVERED COMMERCIAL BUILDINGS

�� 469.275 Definitions for ORS 469.275 to 469.291. As used in ORS 469.275 to 469.291:

�� (1)(a) �Agricultural building� means a structure that is used for:

�� (A) Storing, maintaining or repairing farm or forestry machinery and equipment;

�� (B) Raising, harvesting and selling crops or forest products;

�� (C) Feeding, breeding, managing and selling livestock, poultry, fur-bearing animals or honeybees or the produce of livestock, poultry, fur-bearing animals or honeybees;

�� (D) Dairying and selling dairy products; or

�� (E) Any other agricultural, forestry or horticultural use or animal husbandry, or any combination of agricultural, horticultural or animal husbandry uses, including preparing and storing produce raised on the farm for human use and animal use, preparing, processing and storing agricultural and forestry products and goods and disposing, by marketing or otherwise, of farm produce or forest products.

�� (b) �Agricultural building� does not include:

�� (A) A dwelling;

�� (B) A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time;

�� (C) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476;

�� (D) A structure used by the public; or

�� (E) A structure that is subject to the National Flood Insurance Act of 1968 (42 U.S.C 4001 to 4127), as amended, and regulations promulgated under that Act.

�� (2) �Conditional compliance� means a temporary method that a building owner can use to demonstrate that the building owner has implemented required energy use reduction strategies when the building owner cannot demonstrate full compliance with a required energy use intensity target.

�� (3) �Covered commercial building� means a tier 1 building or a tier 2 building.

�� (4) �Eligible building owner� means:

�� (a) An owner of a tier 1 building that must comply with the standard established in ORS 469.277; or

�� (b) An owner of a tier 2 building.

�� (5) �Energy� means:

�� (a) Electricity, including electricity that is delivered through the electric grid and electricity that is generated at a building site using solar or wind energy resources;

�� (b) Natural gas;

�� (c) Steam, hot water or chilled water used for heating or cooling;

�� (d) Propane;

�� (e) Fuel oil;

�� (f) Wood;

�� (g) Coal; or

�� (h) Any other fuel that meets a covered commercial building�s energy load.

�� (6) �Energy use intensity� means a measurement that weather normalizes a building�s site energy use relative to the building�s size, calculated by dividing the total net energy the building consumes in one year by the building�s gross floor area, excluding any parking garage, and that is reported in thousands of British thermal units per square foot per year.

�� (7) �Energy use intensity target� means a net energy use intensity that complies with the standard set forth in ORS 469.277.

�� (8) �Greenhouse gas� has the meaning given that term in ORS 468A.210.

�� (9)(a) �Gross floor area� means the total number of square feet of a building, measured from the exterior surfaces of a building�s fixed enclosing walls, including all floor space used as offices, lobbies, restrooms, equipment storage areas, mechanical rooms, break rooms and elevator shafts.

�� (b) �Gross floor area� does not include bays or docks outside the building.

�� (10) �Net energy use� means the sum of metered and bulk fuel energy that enters a building, minus the sum of metered energy that leaves the building.

�� (11) �Savings to investment ratio� means the ratio of the total present value of savings to the total present value of costs to implement an energy conservation measure or water conservation measure, in which the numerator of the ratio is the present value of net savings in energy or water or in maintenance costs not related to fuel use or water use that are attributable to the energy conservation measure or water conservation measure and the denominator of the ratio is the present value of the net increase in investment and replacement costs, less the salvage value, of the energy conservation or water conservation measure.

�� (12) �Semiheated space� means an enclosed space within a covered commercial building that is heated by a heating system with an output the Department of Consumer and Business Services specifies in an applicable specialty code.

�� (13) �Tier 1 building� means a building in which the sum of gross floor area for hotel, motel and nonresidential use equals or exceeds 35,000 square feet, excluding any parking garage.

�� (14)(a) �Tier 2 building� means:

�� (A) A building with gross floor area, excluding any parking garage, that equals or exceeds 35,000 square feet and that is used as a multifamily residential building, a hospital, a school, a dormitory or a university building; or

�� (B) A building in which the sum of gross floor area for hotel, motel and nonresidential use exceeds 20,000 square feet but does not exceed 35,000 square feet, excluding any parking garage.

�� (b) �Tier 2 building� does not include a covered commercial building that is classified as a tier 1 building.

�� (15) �Unconditioned space� means an enclosed space within a covered commercial building that is not:

�� (a) Heated by a heating system or cooled by a cooling system with output capacities the Department of Consumer and Business Services specifies in an applicable specialty code; or

�� (b) Indirectly heated or cooled in accordance with standards the department specifies in an applicable specialty code.

�� (16) �Weather normalized� means a method for modifying a building�s energy use intensity in a specific year to account for deviations from the building�s energy use intensity as the energy use intensity ordinarily occurs during a year in which the weather does not fluctuate substantially or vary as a consequence of extreme weather events. [2023 c.442 �8]

�� Note: 469.275 to 469.291 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.276 [1989 c.926 �33; repealed by 1999 c.880 �2]

�� 469.277 Department adoption of performance standards; enforcement; rules. (1)(a) Not later than December 31, 2024, the State Department of Energy, in consultation with the Department of Consumer and Business Services, shall adopt rules that use the American National Standards Institute�s standards for Energy Efficiency in Existing Buildings (ANSI/ASHRAE/IES Standard 100) as an initial model for specifying an energy performance standard for covered commercial buildings. In rulemaking proceedings to adopt or update rules under this paragraph, the State Department of Energy shall disclose the sources of information, including the model described in this paragraph and any peer-reviewed science, that the department relies on in developing or updating the energy performance standard. The department shall update the energy performance standard not later than July 1, 2029, and by the same month and day in each successive period of five years.

�� (b) The energy performance standard described in paragraph (a) of this subsection must:

�� (A) Comply with the requirements of ORS 469.275 to 469.279;

�� (B) Seek to maximize reductions in greenhouse gas emissions from covered commercial buildings;

�� (C) Include energy use intensity targets that apply to specific types of buildings; and

�� (D) Provide for methods to achieve conditional compliance with an applicable energy use intensity target, which must, at a minimum, require:

�� (i) Preparing an energy management plan;

�� (ii) Developing a program for building operations and maintenance that aims at achieving the applicable energy use intensity target;

�� (iii) Making investments in energy use efficiency measures that aim at achieving the applicable energy use intensity target; and

�� (iv) Submitting to energy use audits, which may be based upon or linked to ASHRAE Standard 211 audits.

�� (c) Adoption of the energy performance standard described in paragraph (a) of this subsection does not change eligibility criteria for, or benefits or incentives available under, other programs for energy efficiency demand response.

�� (2)(a) In adopting the energy performance standard described in subsection (1) of this section, the department:

�� (A) Shall:

�� (i) Develop energy use intensity targets that are not more stringent than the average energy use intensity for each covered commercial building occupancy classification, adjusting as necessary for a covered commercial building�s unique energy-using features;

�� (ii) Consider, for the purpose of establishing energy use intensity targets, regional and local data that identifies building energy use, such as existing benchmarking data from the Energy Star program established under 42 U.S.C. 6294a;

�� (iii) Consider, for the purpose of establishing the energy performance standard, federal and local programs that relate to energy efficiency standards, aligning where possible requirements under the energy performance standard to avoid duplicative work by regulators and eligible building owners;

�� (iv) Develop energy use intensity targets for two or more climate zones that represent energy use in a year with normal weather;

�� (v) Develop energy use intensity targets that exclude energy delivered through electric vehicle supply equipment; and

�� (vi) Adopt a conditional compliance method that:

�� (I) Requires eligible building owners of covered commercial buildings that do not meet an energy use intensity target to take action to reduce energy use; and

�� (II) Specifies investment criteria that meet the requirements set forth in paragraph (b) of this subsection and that ensure progress toward meeting the energy use intensity target; and

�� (B) May:

�� (i) Consider building occupancy classifications set forth in ANSI/ASHRAE/IES Standard 100 and the United States Environmental Protection Agency�s Energy Star portfolio manager;

�� (ii) Base energy use intensity targets for recently constructed covered commercial buildings on statewide energy codes that were in effect at the time the covered commercial building was constructed; and

�� (iii) Require utilities, eligible building owners and other entities to aggregate data for covered commercial buildings that have multiple meters and to report or, as appropriate, provide the aggregated data for reports under ORS 469.279.

�� (b)(A) Investment criteria the department specifies as part of a conditional compliance method under paragraph (a) of this subsection must:

�� (i) Ensure that an eligible building owner meets the covered commercial building�s energy use intensity target by implementing energy efficiency measures identified in energy use audits; and

�� (ii) Except as provided in subparagraph (B) of this paragraph, require an eligible building owner to implement an optimized bundle of energy efficiency measures that provide maximum energy savings without resulting in a savings to investment ratio of less than 1.0 or require the eligible building owner to achieve the energy use intensity target by means of an implementation plan that:

�� (I) Is based on an energy use audit and life-cycle cost analysis from ANSI/ASHRAE/IES Standard 211 that accounts for the period during which a bundle of energy efficiency measures provide savings;

�� (II) Reflects the eligible building owner�s net costs of implementing energy efficiency measures, excluding any costs that utility or government grants cover;

�� (III) Allows an exclusion of energy efficiency measures that do not pay back the cost of the energy efficiency measure over the useful life of the energy efficiency measure;

�� (IV) Allows an exclusion of energy efficiency measures that are excluded under subparagraph (B) of this paragraph; and

�� (V) Allows for phased implementation in which an eligible building owner need not replace a system or equipment before the useful life of the system or equipment ends.

�� (B) An eligible building owner need not meet an energy efficiency requirement that would compromise the historical integrity of a covered commercial building or part of a covered commercial building that:

�� (i) Is listed on a state or national register of historic places;

�� (ii) Is designated as an historic property under a state or local statute, ordinance, rule or other legislative act or a survey conducted under a statute, ordinance, rule or other legislative act;

�� (iii) Is certified as a contributing resource within a historic district that is listed on a national register or is locally designated as a historic district; or

�� (iv) A state historic preservation officer or the keeper of the national register of historic places has determined in an opinion or certification is eligible to be listed on the national or state register of historic places either as an individual building or as a building that contributes to a historic district.

�� (3) The department shall create a database of eligible building owners and covered commercial buildings that are subject to the requirements of ORS 469.275 to

ORS 469.277

469.277, if the eligible building owner owns a tier 1 building.

�� (2) The department may offer incentives for eligible building owners to voluntarily comply with, or for early compliance with, ANSI/ASHRAE/IES Standard 100 or the energy performance standard the department establishes under ORS 469.277. [2023 c.442 �14]

�� Note: See note under 469.275.

�� 469.286 [1989 c.926 �38; 1991 c.67 �140; 1993 c.617 �12; repealed by 1999 c.880 �2]

�� 469.287 Tier 2 buildings; requirement and standards for providing data; advisory committee; rules. (1)(a) Not later than December 31, 2024, the State Department of Energy by rule shall establish a requirement and standards under which eligible building owners of tier 2 buildings must provide to the department data that would enable the department to establish a benchmark for energy use in, and greenhouse gas emissions from, tier 2 buildings.

�� (b) The State Department of Energy shall cooperate with the Department of Education to establish a requirement to provide the data described in paragraph (a) of this subsection in a manner that minimizes costs to schools and avoids or minimizes duplication with the Department of Education�s school facility assessments.

�� (2) Not later than July 1, 2025, the State Department of Energy shall notify all eligible building owners of tier 2 buildings of the requirement and standards the department adopts by rule under subsection (1) of this section.

�� (3) Not later than July 1, 2028, and by July 1 every five years thereafter, an eligible building owner of a tier 2 building shall provide the department with data the department requires in rules the department adopts under subsection (1) of this section.

�� (4) Not later than July 1, 2029, the department shall evaluate and use the data the department receives from eligible building owners of tier 2 buildings to calculate average energy use in, and average greenhouse gas emissions from, each of the categories of tier 2 buildings that exist in this state.

�� (5) Not later than July 1, 2025, the department shall establish and consult an advisory committee to identify and evaluate the financial and nonfinancial implications of establishing and implementing an energy performance standard for tier 2 buildings. The advisory committee must include, but is not limited to, representatives of renters, low-income tenants and environmental justice communities, as defined in ORS 469A.400.

�� (6) Not later than October 1, 2030, the department shall submit a report to the Governor and to an interim committee of the Legislative Assembly related to energy that:

�� (a) Recommends a cost-effective energy performance standard for tier 2 buildings; and

�� (b) Includes estimates of costs to eligible building owners, and challenges that eligible building owners would face, in implementing an energy performance standard for tier 2 buildings. [2023 c.442 �15]

�� Note: See note under 469.275.

�� 469.289 Contracting to administer incentive payments for early compliance. (1) As used in this section, �person� means an individual, corporation, nonprofit corporation, professional corporation, limited liability company, partnership, limited partnership, limited liability partnership, cooperative, business trust, joint venture or other form of business entity, including Energy Trust of Oregon.

�� (2) The State Department of Energy may contract with another person to administer incentive payments to eligible building owners for early compliance with the energy performance standard described in ORS 469.277.

�� (3) The person with which the department contracts under subsection (2) of this section shall administer incentive payments:

�� (a) In a manner that is consistent with rules the department adopts under, and for compliance that is consistent with, ORS 469.275 to 469.279; and

�� (b) To eligible building owners that the department certifies as qualifying for incentive payments under, and at rates established for the payments in, ORS 469.291.

�� (4) A person that administers incentive payments on the department�s behalf:

�� (a) Remains subject to any obligations the person has or will have to provide energy efficiency programs or incentives to the person�s customers; and

�� (b) Is not liable for excess incentive payments the person makes in reliance on the department�s certification or determination of the proper amount of the incentive payment, if the person is not otherwise responsible for any inaccuracy in the amount of the incentive payment. [2023 c.442 �16]

�� Note: See note under 469.275.

�� 469.290 [1989 c.926 �23; 1991 c.641 �8; 1993 c.617 �13; repealed by 1999 c.880 �2]

�� 469.291 Incentive program for early and voluntary implementation of standards; application process; rules. (1) The State Department of Energy by rule shall establish a program to pay incentives to eligible building owners that implement ANSI/ASHRAE/IES Standard 100 or the energy performance standard described in ORS 469.277 for covered commercial buildings before adoption and implementation is mandatory. The program must provide for:

�� (a) An application process;

�� (b) Standards by which the department may qualify an eligible building owner to receive, or disqualify an eligible building owner from receiving, an incentive payment;

�� (c) A method for verifying a covered commercial building�s energy consumption with the eligible building owner and the electric utility, gas company or thermal energy company that supplies energy to the covered commercial building for the purpose of qualifying the eligible building owner to receive an incentive payment;

�� (d) A process for calculating the amount of any incentive payment;

�� (e) An administrative process by which an eligible building owner may appeal the department�s decision to qualify or disqualify the eligible building owner or the department�s determination of the amount of an incentive payment; and

�� (f) A process for authorizing incentive payments and notifying eligible building owners and persons that administer incentive payments of the department�s authorization.

�� (2) To qualify for an incentive payment, an eligible building owner must report to the department in accordance with ORS 469.279 by the deadlines and for a period of time the department specifies by rule. In addition:

�� (a) The eligible building owner must own a tier 1 building that is or will become subject to the requirements of ORS 469.275 to 469.279 or must own a tier 2 building that qualifies as provided in subsection (3) of this section;

�� (b) If the covered commercial building is a tier 1 building, the tier 1 building must have a baseline energy use intensity that exceeds an applicable energy use intensity target by at least 15 energy use intensity units; and

�� (c) The eligible building owner must comply with any other requirements the department specifies by rule.

�� (3) An eligible building owner of a tier 2 building may receive an incentive payment of 35 cents per square foot of gross floor area, excluding any parking garage, unconditioned space or semiheated space if the eligible building owner has submitted to the department, or has agreed to submit to the department in advance of an established deadline, the data described in ORS 469.287.

�� (4)(a) Subject to paragraph (c) of this subsection, an eligible building owner that applies and qualifies for an incentive payment under subsection (2) or (3) of this section may receive for meeting the energy performance standard described in ORS 469.277 early or voluntarily an incentive payment of 85 cents per square foot of gross floor area of the eligible building owner�s covered commercial building, excluding any parking garage, unconditioned space or semiheated space.

�� (b) The department may authorize additional incentive payments to an eligible building owner that owns a tier 2 multifamily residential building and that enters into a binding agreement not to displace tenants from the multifamily residential building.

�� (c) The department may authorize an incentive payment only if funds are available for the payment and contingent upon an eligible building owner�s compliance with the requirements of this section and any rules the department adopts to govern incentive payments.

�� (5) Before qualifying an eligible building owner to receive an incentive payment under this section, the department shall review the eligible building owner�s application and verify any report the eligible building owner must provide under ORS 469.279 and any energy consumption the department must measure for the purposes of the qualification. If the department determines that an eligible building owner qualifies for an incentive payment, the department shall certify the qualification to the eligible building owner and to the person that administers incentive payments under ORS 469.289.

�� (6) Not later than September 30, 2026, and by the same date every two years thereafter, the department shall report to interim committees of the Legislative Assembly related to energy concerning the operations and results of the incentive program the department establishes under this section. The report must include recommendations for aligning the incentive program with greenhouse gas emission reduction goals that meet or exceed the goals specified in ORS 468A.205. [2023 c.442 �17]

�� Note: See note under 469.275.

�� 469.292 [1989 c.926 �22; 1991 c.641 �9; repealed by 1999 c.880 �2]

�� 469.296 [1989 c.926 �17; 1993 c.617 �14; repealed by 1999 c.880 �2]

�� 469.298 [1989 c.926 �2; repealed by 1999 c.880 �2]

REGULATION OF ENERGY FACILITIES

(General Provisions)

�� 469.300 Definitions. As used in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992, unless the context requires otherwise:

�� (1) �Applicant� means any person who makes application for a site certificate in the manner provided in ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992.

�� (2) �Application� means a request for approval of a particular site or sites for the construction and operation of an energy facility or the construction and operation of an additional energy facility upon a site for which a certificate has already been issued, filed in accordance with the procedures established pursuant to ORS

ORS 469.403

469.403.

�� (9) The council shall either approve or reject an application for a site certificate:

�� (a) Within 24 months after filing an application for a nuclear installation, or for a thermal power plant, other than that described in paragraph (b) of this subsection, with a nameplate rating of more than 200,000 kilowatts;

�� (b) Within nine months after filing of an application for a site certificate for a combustion turbine power plant, a geothermal-fueled power plant or an underground storage facility for natural gas;

�� (c) Within six months after filing an application for a site certificate for an energy facility, if the application is:

�� (A) To expand an existing industrial facility to include an energy facility;

�� (B) To expand an existing energy facility to achieve a nominal electric generating capacity of between 25 and 50 megawatts; or

�� (C) To add injection or withdrawal capacity to an existing underground gas storage facility; or

�� (d) Within 12 months after filing an application for a site certificate for any other energy facility.

�� (10) At the request of the applicant, the council shall allow expedited processing of an application for a site certificate for an energy facility with an average electric generating capacity of less than 100 megawatts. No notice of intent shall be required. Following approval of a request for expedited review, the department shall issue a project order, which may be amended at any time. The council shall either approve or reject an application for a site certificate within six months after filing the site certificate application if there are no intervenors in the contested case conducted under subsection (5) of this section. If there are intervenors in the contested case, the council shall either approve or reject an application within nine months after filing the site certificate application. For purposes of this subsection, the generating capacity of a thermal power plant is the nameplate rating of the electrical generator proposed to be installed in the plant.

�� (11) Failure of the council to comply with the deadlines set forth in subsection (9) or (10) of this section shall not result in the automatic issuance or denial of a site certificate.

�� (12) The council shall specify in the site certificate a date by which construction of the facility must begin. The earliest date that the council may require construction of a facility to begin is six years from the date the council issues the site certificate.

�� (13) For a facility that is subject to and has been or will be reviewed by a federal agency under the National Environmental Policy Act, 42 U.S.C. 4321 et seq., the council shall conduct its site certificate review, to the maximum extent feasible, in a manner that is consistent with and does not duplicate the federal agency review. Such coordination shall include, but need not be limited to:

�� (a) Elimination of duplicative application, study and reporting requirements;

�� (b) Council use of information generated and documents prepared for the federal agency review;

�� (c) Development with the federal agency and reliance on a joint record to address applicable council standards;

�� (d) Whenever feasible, joint hearings and issuance of a site certificate decision in a time frame consistent with the federal agency review; and

�� (e) To the extent consistent with applicable state standards, establishment of conditions in any site certificate that are consistent with the conditions established by the federal agency. [Formerly 453.365; 1977 c.296 �14; 1977 c.794 �11; 1977 c.895 �1; 1985 c.569 �17; 1993 c.544 �4; 1993 c.569 �8; 1995 c.79 �288; 1995 c.505 �11; 1997 c.428 �2; 2001 c.134 �6; 2025 c.305 �1]

�� 469.371 [1985 c.569 �5; 1991 c.480 �6; repealed by 1993 c.544 �9]

�� 469.372 [1985 c.569 �14; 1985 c.673 �196; repealed by 1993 c.544 �9]

�� 469.373 Expedited processing for certain natural gas energy facilities. (1) Notwithstanding the expedited review process established pursuant to ORS 469.370, an applicant may apply under the provisions of this section for expedited review of an application for a site certificate for an energy facility if the energy facility:

�� (a) Is a combustion turbine energy facility fueled by natural gas or is a reciprocating engine fueled by natural gas, including an energy facility that uses petroleum distillate fuels for backup power generation;

�� (b) Is a permitted or conditional use allowed under an applicable local acknowledged comprehensive plan, land use regulation or federal land use plan, and is located:

�� (A) At or adjacent to an existing energy facility; or

�� (B)(i) At, adjacent to or in close proximity to an existing industrial use; and

�� (ii) In an area currently zoned or designated for industrial use;

�� (c)(A) Requires no more than three miles of associated transmission lines or three miles of new natural gas pipelines outside of existing rights of way for transmission lines or natural gas pipelines; or

�� (B) Imposes, in the determination of the Energy Facility Siting Council, no significant impact in the locating of associated transmission lines or new natural gas pipelines outside of existing rights of way;

�� (d) Requires no new water right or water right transfer;

�� (e) Provides funds to a qualified organization in an amount determined by the council to be sufficient to produce any required reduction in emissions as specified in ORS

ORS 469.501

469.501 or the overall public benefits of the facility outweigh any adverse effects on a resource or interest protected by the applicable standards the facility does not meet.

�� (2)(a) If the energy facility is a fossil-fueled power plant, the energy facility complies with any applicable carbon dioxide emissions standard adopted by the council or enacted by statute. Base load gas plants shall comply with the standard set forth in paragraph (b) of this subsection. Other fossil-fueled power plants shall comply with any applicable standard adopted by the council by rule pursuant to paragraph (c) of this subsection. Paragraphs (d) and (e) of this subsection prescribe the means by which an applicant may comply with the applicable standard.

�� (b) The net carbon dioxide emissions rate of the proposed base load gas plant shall not exceed 0.70 pounds of carbon dioxide emissions per kilowatt hour of net electric power output, with carbon dioxide emissions and net electric power output measured on a new and clean basis. Notwithstanding the foregoing, the council may by rule modify the carbon dioxide emissions standard for base load gas plants if the council finds that the most efficient stand-alone combined cycle, combustion turbine, natural gas-fired energy facility that is commercially demonstrated and operating in the United States has a net heat rate of less than 7,200 Btu per kilowatt hour higher heating value adjusted to ISO conditions. In modifying the carbon dioxide emission standard, the council shall determine the rate of carbon dioxide emissions per kilowatt hour of net electric output of such energy facility, adjusted to ISO conditions, and reset the carbon dioxide emissions standard at 17 percent below this rate.

�� (c) The council shall adopt carbon dioxide emissions standards for other types of fossil-fueled power plants. Such carbon dioxide emissions standards shall be promulgated by rule. In adopting or amending such carbon dioxide emissions standards, the council shall consider and balance at least the following principles, the findings on which shall be contained in the rulemaking record:

�� (A) Promote facility fuel efficiency;

�� (B) Promote efficiency in the resource mix;

�� (C) Reduce net carbon dioxide emissions;

�� (D) Promote cogeneration that reduces net carbon dioxide emissions;

�� (E) Promote innovative technologies and creative approaches to mitigating, reducing or avoiding carbon dioxide emissions;

�� (F) Minimize transaction costs;

�� (G) Include an alternative process that separates decisions on the form and implementation of offsets from the final decision on granting a site certificate;

�� (H) Allow either the applicant or third parties to implement offsets;

�� (I) Be attainable and economically achievable for various types of power plants;

�� (J) Promote public participation in the selection and review of offsets;

�� (K) Promote prompt implementation of offset projects;

�� (L) Provide for monitoring and evaluation of the performance of offsets; and

�� (M) Promote reliability of the regional electric system.

�� (d) The council shall determine whether the applicable carbon dioxide emissions standard is met by first determining the gross carbon dioxide emissions that are reasonably likely to result from the operation of the proposed energy facility. Such determination shall be based on the proposed design of the energy facility. The council shall adopt site certificate conditions to ensure that the predicted carbon dioxide emissions are not exceeded on a new and clean basis. For any remaining emissions reduction necessary to meet the applicable standard, the applicant may elect to use any of subparagraphs (A) to (D) of this paragraph, or any combination thereof. The council shall determine the amount of carbon dioxide or other greenhouse gas emissions reduction that is reasonably likely to result from the applicant�s offsets and whether the resulting net carbon dioxide emissions meet the applicable carbon dioxide emissions standard. For purposes of determining the net carbon dioxide emissions, the council shall by rule establish the global warming potential of each greenhouse gas based on a generally accepted scientific method, and convert any greenhouse gas emissions to a carbon dioxide equivalent. Unless otherwise provided by the council by rule, the global warming potential of methane is 23 times that of carbon dioxide, and the global warming potential of nitrous oxide is 296 times that of carbon dioxide. If the council or a court on judicial review concludes that the applicant has not demonstrated compliance with the applicable carbon dioxide emissions standard under subparagraph (A), (B) or (D) of this paragraph, or any combination thereof, and the applicant has agreed to meet the requirements of subparagraph (C) of this paragraph for any deficiency, the council or a court shall find compliance based on such agreement. For purposes of this paragraph, the applicable carbon dioxide emissions standards are:

�� (A) The facility will sequentially produce electrical and thermal energy from the same fuel source, and the thermal energy will be used to displace another source of carbon dioxide emissions that would have otherwise continued to occur, in which case the council shall adopt site certificate conditions ensuring that the carbon dioxide emissions reduction will be achieved.

�� (B) The applicant or a third party will implement particular offsets, in which case the council may adopt site certificate conditions ensuring that the proposed offsets are implemented but shall not require that predicted levels of avoidance, displacement or sequestration of greenhouse gas emissions be achieved. The council shall determine the quantity of greenhouse gas emissions reduction that is reasonably likely to result from each of the proposed offsets based on the criteria in sub-subparagraphs (i) to (iii) of this subparagraph. In making this determination, the council shall not allow credit for offsets that have already been allocated or awarded credit for greenhouse gas emissions reduction in another regulatory setting. In addition, the fact that an applicant or other parties involved with an offset may derive benefits from the offset other than the reduction of greenhouse gas emissions is not, by itself, a basis for withholding credit for an offset. The criteria required under this subparagraph shall be:

�� (i) The degree of certainty that the predicted quantity of greenhouse gas emissions reduction will be achieved by the offset;

�� (ii) The ability of the council to determine the actual quantity of greenhouse gas emissions reduction resulting from the offset, taking into consideration any proposed measurement, monitoring and evaluation of mitigation measure performance; and

�� (iii) The extent to which the reduction of greenhouse gas emissions would occur in the absence of the offsets.

�� (C) The applicant or a third party agrees to provide funds in an amount deemed sufficient to produce the reduction in greenhouse gas emissions necessary to meet the applicable carbon dioxide emissions standard, in which case the funds shall be used as specified in paragraph (e) of this subsection. Unless modified by the council as provided below, the payment of 57 cents shall be deemed to result in a reduction of one ton of carbon dioxide emissions. The council shall determine the offset funds using the monetary offset rate and the level of emissions reduction required to meet the applicable standard. If a site certificate is approved based on this subparagraph, the council may not adjust the amount of such offset funds based on the actual performance of offsets. After three years from June 26, 1997, the council may by rule increase or decrease the monetary offset rate of 57 cents per ton of carbon dioxide emissions. Any change to the monetary offset rate shall be based on empirical evidence of the cost of offsets and the council�s finding that the standard will be economically achievable with the modified rate for natural gas-fired power plants. Following the initial three-year period, the council may increase or decrease the monetary offset rate no more than 50 percent in any two-year period.

�� (D) Any other means that the council adopts by rule for demonstrating compliance with any applicable carbon dioxide emissions standard.

�� (e) If the applicant elects to meet the applicable carbon dioxide emissions standard in whole or in part under paragraph (d)(C) of this subsection, the applicant shall identify the qualified organization. The applicant may identify an organization that has applied for, but has not received, an exemption from federal income taxation, but the council may not find that the organization is a qualified organization unless the organization is exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 1996. The site certificate holder shall provide a bond or comparable security in a form reasonably acceptable to the council to ensure the payment of the offset funds and the amount required under subparagraph (A)(ii) of this paragraph. Such security shall be provided by the date specified in the site certificate, which shall be no later than the commencement of construction of the facility. The site certificate shall require that the offset funds be disbursed as specified in subparagraph (A) of this paragraph, unless the council finds that no qualified organization exists, in which case the site certificate shall require that the offset funds be disbursed as specified in subparagraph (B) of this paragraph.

�� (A) The site certificate holder shall disburse the offset funds and any other funds required by sub-subparagraph (ii) of this subparagraph to the qualified organization as follows:

�� (i) When the site certificate holder receives written notice from the qualified organization certifying that the qualified organization is contractually obligated to pay any funds to implement offsets using the offset funds, the site certificate holder shall make the requested amount available to the qualified organization unless the total of the amount requested and any amounts previously requested exceeds the offset funds, in which case only the remaining amount of the offset funds shall be made available. The qualified organization shall use at least 80 percent of the offset funds for contracts to implement offsets. The qualified organization shall assess offsets for their potential to qualify in, generate credits in or reduce obligations in other regulatory settings. The qualified organization may use up to 20 percent of the offset funds for monitoring, evaluation, administration and enforcement of contracts to implement offsets.

�� (ii) At the request of the qualified organization and in addition to the offset funds, the site certificate holder shall pay the qualified organization an amount equal to 10 percent of the first $500,000 of the offset funds and 4.286 percent of any offset funds in excess of $500,000. This amount shall not be less than $50,000 unless a lesser amount is specified in the site certificate. This amount compensates the qualified organization for its costs of selecting offsets and contracting for the implementation of offsets.

�� (iii) Notwithstanding any provision to the contrary, a site certificate holder subject to this subparagraph shall have no obligation with regard to offsets, the offset funds or the funds required by sub-subparagraph (ii) of this subparagraph other than to make available to the qualified organization the total amount required under paragraph (d) of this subsection and sub-subparagraph (ii) of this subparagraph, nor shall any nonperformance, negligence or misconduct on the part of the qualified organization be a basis for revocation of the site certificate or any other enforcement action by the council with respect to the site certificate holder.

�� (B) If the council finds there is no qualified organization, the site certificate holder shall select one or more offsets to be implemented pursuant to criteria established by the council. The site certificate holder shall give written notice of its selections to the council and to any person requesting notice. On petition by the State Department of Energy, or by any person adversely affected or aggrieved by the site certificate holder�s selection of offsets, or on the council�s own motion, the council may review such selection. The petition must be received by the council within 30 days of the date the notice of selection is placed in the United States mail, with first-class postage prepaid. The council shall approve the site certificate holder�s selection unless it finds that the selection is not consistent with criteria established by the council. The site certificate holder shall contract to implement the selected offsets within 18 months after commencing construction of the facility unless good cause is shown requiring additional time. The contracts shall obligate the expenditure of at least 85 percent of the offset funds for the implementation of offsets. No more than 15 percent of the offset funds may be spent on monitoring, evaluation and enforcement of the contract to implement the selected offsets. The council�s criteria for selection of offsets shall be based on the criteria set forth in paragraphs (c)(C) and (d)(B) of this subsection and may also consider the costs of particular types of offsets in relation to the expected benefits of such offsets. The council�s criteria shall not require the site certificate holder to select particular offsets, and shall allow the site certificate holder a reasonable range of choices in selecting offsets. In addition, notwithstanding any other provision of this section, the site certificate holder�s financial liability for implementation, monitoring, evaluation and enforcement of offsets pursuant to this subsection shall be limited to the amount of any offset funds not already contractually obligated. Nonperformance, negligence or misconduct by the entity or entities implementing, monitoring or evaluating the selected offset shall not be a basis for revocation of the site certificate or any other enforcement action by the council with respect to the site certificate holder.

�� (C) Every qualified organization that has received funds under this paragraph shall, at five-year intervals beginning on the date of receipt of such funds, provide the council with the information the council requests about the qualified organization�s performance. The council shall evaluate the information requested and, based on such information, shall make any recommendations to the Legislative Assembly that the council deems appropriate.

�� (f) As used in this subsection:

�� (A) �Adjusted to ISO conditions� means carbon dioxide emissions and net electric power output as determined at 59 degrees Fahrenheit, 14.7 pounds per square inch atmospheric pressure and 60 percent humidity.

�� (B) �Base load gas plant� means a generating facility that is fueled by natural gas, except for periods during which an alternative fuel may be used and when such alternative fuel use shall not exceed 10 percent of expected fuel use in Btu, higher heating value, on an average annual basis, and where the applicant requests and the council adopts no condition in the site certificate for the generating facility that would limit hours of operation other than restrictions on the use of alternative fuel. The council shall assume a 100 percent capacity factor for such plants and a 30-year life for the plants for purposes of determining gross carbon dioxide emissions.

�� (C) �Carbon dioxide equivalent� means the global warming potential of a greenhouse gas reflected in units of carbon dioxide.

�� (D) �Fossil-fueled power plant� means a generating facility that produces electric power from natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such material.

�� (E) �Generating facility� means those energy facilities that are defined in ORS 469.300 (12)(a)(A), (B) and (D).

�� (F) �Global warming potential� means the determination of the atmospheric warming resulting from the release of a unit mass of a particular greenhouse gas in relation to the warming resulting from the release of the equivalent mass of carbon dioxide.

�� (G) �Greenhouse gas� means carbon dioxide, methane and nitrous oxide.

�� (H) �Gross carbon dioxide emissions� means the predicted carbon dioxide emissions of the proposed energy facility measured on a new and clean basis.

�� (I) �Net carbon dioxide emissions� means gross carbon dioxide emissions of the proposed energy facility, less carbon dioxide or other greenhouse gas emissions avoided, displaced or sequestered by any combination of cogeneration or offsets.

�� (J) �New and clean basis� means the average carbon dioxide emissions rate per hour and net electric power output of the energy facility, without degradation, as determined by a 100-hour test at full power completed during the first 12 months of commercial operation of the energy facility, with the results adjusted for the average annual site condition for temperature, barometric pressure and relative humidity and use of alternative fuels, and using a rate of 117 pounds of carbon dioxide per million Btu of natural gas fuel and a rate of 161 pounds of carbon dioxide per million Btu of distillate fuel, if such fuel use is proposed by the applicant. The council may by rule adjust the rate of pounds of carbon dioxide per million Btu for natural gas or distillate fuel. The council may by rule set carbon dioxide emissions rates for other fuels.

�� (K) �Nongenerating facility� means those energy facilities that are defined in ORS 469.300 (12)(a)(C) and (E) to (I).

�� (L) �Offset� means an action that will be implemented by the applicant, a third party or through the qualified organization to avoid, sequester or displace emissions.

�� (M) �Offset funds� means the amount of funds determined by the council to satisfy the applicable carbon dioxide emissions standard pursuant to paragraph (d)(C) of this subsection.

�� (N) �Qualified organization� means an entity that:

�� (i) Is exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 1996;

�� (ii) Either is incorporated in the State of Oregon or is a foreign corporation authorized to do business in the State of Oregon;

�� (iii) Has in effect articles of incorporation that require that offset funds received pursuant to this section are used for offsets that require that decisions on the use of the offset funds are made by a decision-making body composed of seven voting members of which three are appointed by the council, three are Oregon residents appointed by the Bullitt Foundation or an alternative environmental nonprofit organization named by the body, and one is appointed by the applicants for site certificates that are subject to paragraph (e) of this subsection and the holders of such site certificates, and that require nonvoting membership on the body for holders of site certificates that have provided funds not yet disbursed under paragraph (e)(A) of this subsection;

�� (iv) Has made available on an annual basis, beginning after the first year of operation, a signed opinion of an independent certified public accountant stating that the qualified organization�s use of funds pursuant to this statute conforms with generally accepted accounting procedures except that the qualified organization shall have one year to conform with generally accepted accounting principles in the event of a nonconforming audit;

�� (v) Has to the extent applicable, except for good cause, entered into contracts obligating at least 60 percent of the offset funds to implement offsets within two years after the commencement of construction of the facility; and

�� (vi) Has to the extent applicable, except for good cause, complied with paragraph (e)(A)(i) of this subsection.

�� (3) Except as provided in ORS 469.504 for land use compliance and except for those statutes and rules for which the decision on compliance has been delegated by the federal government to a state agency other than the council, the facility complies with all other Oregon statutes and administrative rules identified in the project order, as amended, as applicable to the issuance of a site certificate for the proposed facility. If compliance with applicable Oregon statutes and administrative rules, other than those involving federally delegated programs, would result in conflicting conditions in the site certificate, the council may resolve the conflict consistent with the public interest. A resolution may not result in the waiver of any applicable state statute.

�� (4) The facility complies with the statewide planning goals adopted by the Land Conservation and Development Commission. [1993 c.569 �23 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510); 1995 c.505 �21; 1997 c.428 �4; 1999 c.365 �11; 2001 c.134 �10; 2003 c.186 �78; 2011 c.298 �2; 2013 c.263 �2; 2024 c.25 �3]

�� 469.504 Facility compliance with statewide planning goals; exception; amendment of local plan and land use regulations; conflicts; technical assistance; rules. (1) A proposed facility shall be found in compliance with the statewide planning goals under ORS 469.503 (4) if:

�� (a) The facility has received local land use approval under the acknowledged comprehensive plan and land use regulations of the affected local government; or

�� (b) The Energy Facility Siting Council determines that:

�� (A) The facility complies with applicable substantive criteria from the affected local government�s acknowledged comprehensive plan and land use regulations that are required by the statewide planning goals and in effect on the date the application is submitted, and with any Land Conservation and Development Commission administrative rules and goals and any land use statutes that apply directly to the facility under ORS 197.646;

�� (B) For an energy facility or a related or supporting facility that must be evaluated against the applicable substantive criteria pursuant to subsection (5) of this section, that the proposed facility does not comply with one or more of the applicable substantive criteria but does otherwise comply with the applicable statewide planning goals, or that an exception to any applicable statewide planning goal is justified under subsection (2) of this section; or

�� (C) For a facility that the council elects to evaluate against the statewide planning goals pursuant to subsection (5) of this section, that the proposed facility complies with the applicable statewide planning goals or that an exception to any applicable statewide planning goal is justified under subsection (2) of this section.

�� (2) The council may find goal compliance for a facility that does not otherwise comply with one or more statewide planning goals by taking an exception to the applicable goal. Notwithstanding the requirements of ORS 197.732, the statewide planning goal pertaining to the exception process or any rules of the Land Conservation and Development Commission pertaining to an exception process goal, the council may take an exception to a goal if the council finds:

�� (a) The land subject to the exception is physically developed to the extent that the land is no longer available for uses allowed by the applicable goal;

�� (b) The land subject to the exception is irrevocably committed as described by the rules of the Land Conservation and Development Commission to uses not allowed by the applicable goal because existing adjacent uses and other relevant factors make uses allowed by the applicable goal impracticable; or

�� (c) The following standards are met:

�� (A) Reasons justify why the state policy embodied in the applicable goal should not apply;

�� (B) The significant environmental, economic, social and energy consequences anticipated as a result of the proposed facility have been identified and adverse impacts will be mitigated in accordance with rules of the council applicable to the siting of the proposed facility; and

�� (C) The proposed facility is compatible with other adjacent uses or will be made compatible through measures designed to reduce adverse impacts.

�� (3) If compliance with applicable substantive local criteria and applicable statutes and state administrative rules would result in conflicting conditions in the site certificate or amended site certificate, the council shall resolve the conflict consistent with the public interest. A resolution may not result in a waiver of any applicable state statute.

�� (4) An applicant for a site certificate shall elect whether to demonstrate compliance with the statewide planning goals under subsection (1)(a) or (b) of this section. The applicant shall make the election on or before the date specified by the council by rule.

�� (5) Upon request by the State Department of Energy, the special advisory group established under ORS 469.480 shall recommend to the council, within the time stated in the request, the applicable substantive criteria under subsection (1)(b)(A) of this section. If the special advisory group does not recommend applicable substantive criteria within the time established in the department�s request, the council may either determine and apply the applicable substantive criteria under subsection (1)(b) of this section or determine compliance with the statewide planning goals under subsection (1)(b)(B) or (C) of this section. If the special advisory group recommends applicable substantive criteria for an energy facility described in ORS 469.300 or a related or supporting facility that does not pass through more than one local government jurisdiction or more than three zones in any one jurisdiction, the council shall apply the criteria recommended by the special advisory group. If the special advisory group recommends applicable substantive criteria for an energy facility as defined in ORS 469.300 (12)(a)(C) to (E) or a related or supporting facility that passes through more than one jurisdiction or more than three zones in any one jurisdiction, the council shall review the recommended criteria and determine whether to evaluate the proposed facility against the applicable substantive criteria recommended by the special advisory group, against the statewide planning goals or against a combination of the applicable substantive criteria and statewide planning goals. In making its determination, the council shall consult with the special advisory group and shall consider:

�� (a) The number of jurisdictions and zones in question;

�� (b) The degree to which the applicable substantive criteria reflect local government consideration of energy facilities in the planning process; and

�� (c) The level of consistency of the applicable substantive criteria from the various zones and jurisdictions.

�� (6) The council is not subject to ORS 197.180 and a state agency may not require an applicant for a site certificate to comply with any rules or programs adopted under ORS

ORS 469.563

469.563 and 757.710 and this section.

�� (2) In the event of an emergency threatening the health, safety and welfare of the general public, the Public Utility Commission may on the commission�s own motion and without hearing establish a plan for the curtailment of load by any person referred to in ORS 757.710. If an emergency is not present, the commission shall prior to approval hold public hearings with respect to any proposed plan and give reasonable notice of such hearings.

�� (3) The commission shall consult with the Director of the State Department of Energy before approving a plan. [1973 c.309 �3; 1975 c.606 �11; 2005 c.22 �508]

�� 757.730 Liability when curtailment occurs. A utility shall not be liable for damages to persons or property resulting from a curtailment of service in accordance with a plan approved by the Public Utility Commission. [1973 c.309 �4]

KLAMATH RIVER DAMS

�� 757.732 Definitions for ORS 757.732 to 757.744. As used in ORS 757.732 to 757.744:

�� (1) �Agreement in principle� means the agreement signed November 13, 2008, by the states of Oregon and California, by the United States Department of the Interior and by PacifiCorp.

�� (2) �Allocated share� means the portion of PacifiCorp�s costs assigned to this state under the interjurisdictional cost allocation methodology used by the Public Utility Commission for the purpose of establishing rates for PacifiCorp.

�� (3) �Customers� means the Oregon retail electricity customers of PacifiCorp.

�� (4) �Final agreement� means a successor agreement to the agreement in principle.

�� (5) �Klamath River dam� means the J.C. Boyle Dam located in Oregon, the Copco 1 Dam located in California, the Copco 2 Dam located in California or the Iron Gate Dam located in California. [2009 c.690 �2]

�� 757.734 Recovery of investment in Klamath River dams. (1) Not more than six months after the execution of a final agreement, the Public Utility Commission shall determine a depreciation schedule under ORS 757.140 for each Klamath River dam based on the assumption that the dam will be removed in 2020. The commission may change a depreciation schedule determined under this section at any time if removal of a dam will occur during a year other than 2020.

�� (2) The commission shall use the depreciation schedules prepared under this section to establish rates and tariffs for the recovery of Oregon�s allocated share of undepreciated amounts prudently invested by PacifiCorp in a Klamath River dam. Amounts recoverable under this section include, but are not limited to:

�� (a) Return of investment and return on investment;

�� (b) Capital improvements required by the United States or any state for continued operation of the dam until dam removal;

�� (c) Amounts spent by PacifiCorp in seeking relicensing of the dam before July 14, 2009;

�� (d) Amounts spent by PacifiCorp for settlement of the issues of relicensing or removal of the dam; and

�� (e) Amounts spent by PacifiCorp for the decommissioning of the dam in anticipation of the dam�s removal.

�� (3) If any amount specified under subsection (2) of this section has not been recovered by PacifiCorp before a dam is removed, the Public Utility Commission shall allow recovery of that amount by PacifiCorp in PacifiCorp�s rates and tariffs. The commission shall allow the recovery without an amortization schedule if the impact of the recovery does not exceed one-half of one percent of PacifiCorp�s annual revenue requirement. If the impact exceeds one-half of one percent of PacifiCorp�s annual revenue requirement, the commission may establish an amortization schedule that limits the annual impact to one-half of one percent of PacifiCorp�s annual revenue requirement. [2009 c.690 �3]

�� 757.736 Surcharges for funding costs of removing Klamath River dams; judicial review. (1) Not more than 30 days after the execution of a final agreement, PacifiCorp must file a copy of the final agreement with the Public Utility Commission along with full and complete copies of all analyses or studies that relate to the rate-related costs, benefits and risks for customers of removing or relicensing Klamath River dams and that were reviewed by PacifiCorp during the decision-making process that led to PacifiCorp�s entering into the final agreement.

�� (2) PacifiCorp must include with the filing made under subsection (1) of this section tariffs for the collection of two nonbypassable surcharges from its customers for the purpose of paying the costs of removing Klamath River dams as described in subsection (11) of this section. Notwithstanding the commission�s findings and conclusions under subsection (4) of this section, the commission shall require PacifiCorp to begin collecting the surcharges on the date that the filing is made under subsection (1) of this section, or on January 1, 2010, whichever is later, and PacifiCorp shall continue to collect the surcharges pending a final decision on the commission�s order under subsection (4) of this section. The surcharges imposed under this section shall be:

�� (a) A surcharge for the costs of removing the J.C. Boyle Dam; and

�� (b) A surcharge for the costs of removing the Copco 1 Dam, the Copco 2 Dam and the Iron Gate Dam.

�� (3) The surcharges imposed under this section may not exceed the amounts necessary to fund Oregon�s share of the customer contribution of $200 million identified in the agreement in principle. In addition, the total amount collected in a calendar year under both surcharges may not exceed more than two percent of PacifiCorp�s annual revenue requirement as determined in PacifiCorp�s last case under ORS 757.210 decided by the commission before January 1, 2010.

�� (4) Not more than six months after a filing is made under subsection (1) of this section, the commission shall conduct a hearing under ORS 757.210 on the surcharges imposed under this section, and shall enter an order setting forth findings and conclusions as to whether the imposition of surcharges under the terms of the final agreement results in rates that are fair, just and reasonable.

�� (5) Notwithstanding ORS 183.482 (1), jurisdiction for judicial review of any appeal of an order entered under subsection (4) of this section is conferred on the Supreme Court, and a person seeking judicial review of the order must file a petition for review with the Supreme Court in the manner provided by ORS

ORS 469.619

469.619 and 469.992. [1981 c.707 �14; 1989 c.6 �11]

�� 469.621 [1981 c.707 �7; repealed by 1993 c.742 �101]

(Offshore Wind Energy)

�� Note: Section 1, chapter 376, Oregon Laws 2021, provides:

�� Sec. 1. Legislative findings about offshore wind energy. (1) The Legislative Assembly finds that:

�� (a) Oregon offshore wind holds tremendous potential and promise for this state to diversify its energy portfolio.

�� (b) Oregon has an opportunity to participate in a growing global market by contributing to the development of the nascent offshore wind energy supply chain.

�� (c) An intergovernmental task force led by the Bureau of Ocean Energy Management has reengaged and is expected to reveal offshore wind call areas in 2021 for the development of floating offshore wind energy within the federal waters off the Oregon coast.

�� (d) Oregon has an opportunity to participate in holistic west coast planning for the strategic integration of floating offshore wind energy within the next decade and to position itself for potential market expansion thereafter.

�� (e) The Department of Land Conservation and Development has an established role as the lead state agency coordinating with the federal process for floating offshore wind development and, as the lead agency of the federally approved Oregon Coastal Management Program, the department implements the state�s federal consistency authority pursuant to the Coastal Zone Management Act of 1972 and associated federal regulations. The department implements federal consistency review by evaluating federal activities for compliance with state enforceable policies and their reasonably foreseeable effects to coastal uses and resources of the Oregon coastal zone, and the department will coordinate with networked agency and local government partners to evaluate floating offshore wind development activities for consistency with the Oregon Coastal Management Program.

�� (f) The Oregon Business Development Department has established a leadership role in facilitating attracting the floating offshore wind energy industry to this state and in facilitating floating offshore wind energy supply chain development.

�� (g) Understanding the impacts, benefits, opportunities and barriers of floating offshore wind energy with respect to Oregon�s fishing communities, ocean and shore-side recreational users, tribes, ports, coastal ecosystems, natural resources, manufacturing industry, maritime sector, disaster recovery planning, workforce development and electricity ratepayers can maximize the benefits to this state, while minimizing the conflicts between floating offshore wind energy, the ocean ecosystem and ocean users.

�� (h) Defining a pathway for Oregon to take advantage to the fullest extent possible of the federal offshore wind investment tax credit and other federal infrastructure investment programs that could benefit Oregon�s ports and transmission system can facilitate immediate economic investments as well as long term ratepayer savings.

�� (i) Understanding the feasibility of using offshore wind as a clean power source for the future in-state generation of renewable fuel such as renewable hydrogen will strengthen state and regional energy decarbonization planning scenarios.

�� (j) Investigating potential mechanisms to integrate floating offshore wind energy into Oregon�s future energy mix will strengthen state and regional energy decarbonization strategies.

�� (2) In furtherance of the findings set forth in subsection (1) of this section, the Legislative Assembly finds and declares that:

�� (a) It is the goal of this state to plan for the development of up to three gigawatts of floating offshore wind energy projects within the federal waters off the Oregon coast by 2030;

�� (b) It is further the goal of this state that the planning described in this subsection be conducted in a manner that will maximize benefits to this state while minimizing conflicts between floating offshore wind energy, the ocean ecosystem and ocean users; and

�� (c) Consistent with applicable federal law, it shall be the policy position of the State of Oregon that:

�� (A) Any federal planning or permitting process for offshore energy research and development in federal waters off the Oregon coast and for any related transmission and other facilities, particularly those that transverse Oregon�s territorial sea, shall adequately consider the prompt decommissioning of any offshore facility after permanent cessation of use of the facility; and

�� (B) Adequate consideration as described in this paragraph must include consideration of the removal or decommissioning of anchors, cables and any other equipment related to the facility in a manner that will serve to avoid future conflicts between the equipment and fishing operations conducted by persons who hold licenses issued pursuant to the commercial fishing laws. [2021 c.376 �1]

�� 469.623 State policy; offshore wind energy; offshore energy. (1) It is the policy of the State of Oregon to support ongoing engagement between offshore wind energy developers and:

�� (a) The Southwestern Oregon Workforce Investment Board;

�� (b) The Oregon International Port of Coos Bay;

�� (c) The Port of Brookings Harbor;

�� (d) The Port of Newport;

�� (e) The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Coquille Indian Tribe and other Indian tribes impacted by offshore wind energy development that want to engage in the offshore wind energy development process; and

�� (f) Communities and organizations impacted by offshore wind energy development that want to engage in the offshore wind energy development process.

�� (2) It is the policy of the State of Oregon that the interconnection of offshore energy projects to the Oregon coast electric grid be carried out in a manner that promotes the reliability and resilience of this state�s electric system.

�� (3) It is the policy of the State of Oregon to promote economic diversification and resilience in offshore wind energy development by ensuring that all developers and contractors involved in the construction, operation or maintenance of offshore wind energy projects and the construction of a port development project that is necessary for the development of offshore wind energy projects follow industry-leading strong labor and supply chain standards. [2024 c.31 ��1,2,7]

�� Note: 469.623, 469.626 and 469.629 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.626 Rulemaking authority. The Land Conservation and Development Commission may exercise its rulemaking authority under ORS 197.040 to support the state policies described in ORS

ORS 469.633

469.633; and

�� (2) Any bad debts, including casualty losses, attributable to dwelling owner default on a loan for energy conservation measures. [1981 c.778 �8]

�� 469.645 Implementation of program by investor-owned utility. After the Public Utility Commission has approved the residential energy conservation program of an investor-owned utility required by ORS 469.633, the investor-owned utility promptly shall implement that program. [1981 c.778 �9]

(Publicly Owned Utilities)

�� 469.649 Definitions for ORS 469.649 to 469.659. As used in ORS 469.649 to 469.659:

�� (1) �Cash payment� means a payment made by the publicly owned utility to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures.

�� (2) �Commercial lending institution� means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association or federal credit union maintaining an office in this state.

�� (3) �Cost-effective� means that an energy conservation measure that provides or saves a specific amount of energy during its life cycle results in the lowest present value of delivered energy costs of any available alternative. However, the present value of the delivered energy costs of an energy conservation measure shall not be treated as greater than that of a nonconservation energy resource or facility unless that cost is greater than 110 percent of the present value of the delivered energy cost of the nonconservation energy resource or facility.

�� (4) �Dwelling� means real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant. �Dwelling� includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in multiple-unit residential housing. �Dwelling� does not include a recreational vehicle as defined in ORS 174.101.

�� (5) �Dwelling owner� means the person:

�� (a) Who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for the purchase of real property; and

�� (b) Whose dwelling receives space heating from the publicly owned utility.

�� (6) �Energy audit� means:

�� (a) The measurement and analysis of the heat loss and energy utilization efficiency of a dwelling;

�� (b) An analysis of the energy savings and dollar savings potential that would result from providing energy conservation measures for the dwelling;

�� (c) An estimate of the cost of the energy conservation measures that includes:

�� (A) Labor for the installation of items designed to improve the space heating and energy utilization efficiency of the dwelling; and

�� (B) The items installed; and

�� (d) A preliminary assessment, including feasibility and a range of costs, of the potential and opportunity for installation of:

�� (A) Passive solar space heating and solar domestic water heating in the dwelling; and

�� (B) Solar swimming pool heating, if applicable.

�� (7) �Energy conservation measures� means measures that include the installation of items and the items installed to improve the space heating and energy utilization efficiency of a dwelling. These items include, but are not limited to, caulking, weatherstripping and other infiltration preventative materials, ceiling and wall insulation, crawl space insulation, vapor barrier materials, timed thermostats, insulation of heating ducts, hot water pipes and water heaters in unheated spaces, storm doors and windows, double glazed windows and dehumidifiers. �Energy conservation measures� does not include the dwelling owner�s own labor.

�� (8) �Publicly owned utility� means a utility that:

�� (a) Is owned or operated in whole or in part, by a municipality, cooperative association or people�s utility district; and

�� (b) Distributes electricity.

�� (9) �Residential customer� means a dwelling owner or tenant who is billed by a publicly owned utility for electric service received at the dwelling.

�� (10) �Space heating� means the heating of living space within a dwelling.

�� (11) �Tenant� means a tenant as defined in ORS 90.100 or any other tenant. [1981 c.778 �10; 1989 c.648 �67; 1995 c.551 �14; 2003 c.186 �42; 2019 c.422 �35]

�� 469.651 Publicly owned utility program. Within 30 days after November 1, 1981, each publicly owned utility shall submit to the Director of the State Department of Energy a residential energy conservation program that:

�� (1) Makes available to all residential customers of the utility information about:

�� (a) Energy conservation measures; and

�� (b) Energy conservation measure financing available to dwelling owners.

�� (2) Provides within 60 days of a request by a residential customer of the publicly owned utility or a dwelling owner, assistance and technical advice concerning various methods of saving energy in that customer�s or dwelling owner�s dwelling including, but not limited to, an energy audit of the customer�s or dwelling owner�s dwelling.

�� (3) Provides financing for cost-effective energy conservation measures at the request of a dwelling owner who occupies the dwelling as a residential customer or rents the dwelling to a tenant who is a residential customer. The financing program shall give the dwelling owner a choice between a cash payment and a loan. The dwelling owner may not receive both a cash payment and a loan. Completion of an energy audit of the dwelling offered under the program required by this section or described in ORS 469.685 shall be a condition of eligibility for either a cash payment or a loan. The financing program shall provide:

�� (a) The following minimum levels of assistance:

�� (A) A loan for a dwelling owner with approved credit upon the following terms:

�� (i) A principal amount of up to $4,000; or

�� (ii) An interest rate that does not exceed six and one-half percent annually; and

�� (iii) A reasonable repayment period that does not exceed 10 years; and

�� (B) A cash payment to a dwelling owner eligible under ORS 469.657 for the lesser of:

�� (i) Twenty-five percent of the cost of the energy conservation measures provided in the dwelling; or

�� (ii) $350;

�� (b) That an otherwise eligible dwelling owner may obtain up to $4,000 in loans or $350 in cash payments for each dwelling;

�� (c) That there may be up to $4,000 in loans or $350 in cash payments for each dwelling;

�� (d) That a change in ownership of a dwelling shall not prevent the new dwelling owner from obtaining a loan or a cash payment for energy conservation measures for the newly acquired dwelling under circumstances including, but not necessarily limited to, when:

�� (A) The new dwelling owner chooses the same financing option chosen by the previous dwelling owner who obtained financing under ORS 469.649 to 469.659; and

�� (B) The amount of the financing is within the limit for that dwelling prescribed in paragraph (c) of this subsection;

�� (e) If the publicly owned utility so determines, that energy conservation measures for any of the following building and improvement activities may not be financed under the financing program:

�� (A) Construction of a new dwelling; or

�� (B) If the construction increases or otherwise changes the living space in the dwelling:

�� (i) An addition or substantial alteration; or

�� (ii) Remodeling; and

�� (f) If the publicly owned utility so determines, that no cash payment shall be allowed or paid for the cost of energy conservation measures provided more than one year before the date of the application for payment.

�� (4) Provides for verification through a reasonable number of inspections that energy conservation measures financed by the publicly owned utility are installed. The verification provisions of the residential energy conservation program shall further provide that:

�� (a) An installation shall be performed in such a workmanlike manner and with such materials as to satisfy prevailing industry standards; and

�� (b) The publicly owned utility shall provide a post-installation inspection upon the dwelling owner�s request.

�� (5) Provides, upon the dwelling owner�s request, information relevant to the specific site of a dwelling with access to:

�� (a) Water resources that have hydroelectric potential;

�� (b) Wind, which means the natural movement of air at an annual average speed of at least eight miles an hour; or

�� (c) A resource area known to have geothermal space-heating potential.

�� (6) Provides that the publicly owned utility will mail to a dwelling owner an offer to provide energy conservation measures in accordance with ORS 469.649 to 469.659 when a tenant who is the residential customer:

�� (a) Requests that the offer be mailed to the dwelling owner; and

�� (b) Furnishes the dwelling owner�s name and address with the request. [1981 c.778 �11]

�� 469.652 Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses. (1) Publicly owned utilities may establish a system to allow customers of publicly owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customer�s utility bill.

�� (2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS

ORS 469.651

469.651 (3) when it includes a financial incentive to the residential customer with a present value on November 1, 1981, that is equal to or greater than the present value of the larger of:

�� (a) The loan subsidy pursuant to ORS 469.651 (3)(a)(A); or

�� (b) The cash payment pursuant to ORS 469.651 (3)(a)(B).

�� (3) A publicly owned utility whose governing body has adopted an approved residential energy conservation services program under the National Energy Conservation Policy Act (Public Law 95-619, as amended on November 1, 1981) or signed an energy conservation agreement with the Bonneville Power Administration of the United States Department of Energy for a residential weatherization program under section 6(a) of the Pacific Northwest Electric Power Planning and Conservation Act (Public Law 96-501, as adopted December 5, 1980) that meets or exceeds the requirements of ORS 469.651 and 469.657 shall not be required to submit a separate program. However, the provisions of ORS 469.655 and 469.659 nevertheless shall be applicable. [1981 c.778 �14]

�� 469.655 Energy conservation as part of utility service of publicly owned utility. The provision of energy conservation measures to a dwelling shall be considered part of the utility service rendered by the publicly owned utility. [1981 c.778 �12]

�� 469.657 Conditions for cash payments to dwelling owner by publicly owned utility. Except as provided in section 31, chapter 778, Oregon Laws 1981, a publicly owned utility shall not make a cash payment to a dwelling owner for energy conservation measures unless:

�� (1) The measures were provided in the dwelling on or after November 1, 1981.

�� (2) The measures will not be paid for with other publicly owned utility grants or loans. [1981 c.778 �13; 1991 c.877 �40]

�� 469.659 Implementation of program by publicly owned utility. After the publicly owned utility has submitted to the Director of the State Department of Energy the residential energy conservation program required by ORS 469.651, the publicly owned utility promptly shall implement that program. [1981 c.778 �15]

�� 469.673 [1981 c.778 �16; 1987 c.749 �8; 1989 c.648 �68; 1995 c.551 �15; 2003 c.186 �43; 2017 c.727 �9; renumbered

ORS 469.860

469.860 to 469.900, an electric company meets the requirements of ORS 469.631 to 469.645 and 469.860 to 469.900 if the electric company:

�� (1) Meets the public purpose expenditure standard established under ORS 757.612; and

�� (2) Plans for and pursues cost-effective energy efficiency and demand response resources as required under ORS 757.054. [2021 c.547 �7]

�� 757.054 Cost-effective energy efficiency resources and demand response resources; legislative findings; planning and pursuit by electric company required; consumer credit; rules. (1) As used in this section:

�� (a) �Electric company� has the meaning given that term in ORS 757.600.

�� (b) �Retail electricity consumer� means a retail electricity consumer, as defined in ORS

ORS 469.885

469.885. [1981 c.708 �17; 2003 c.186 �52]

�� 469.900 Duty of commission to avoid conflict with federal requirements. (1) The Public Utility Commission shall insure that each electric utility�s commercial energy conservation services program does not conflict with federal statutes and regulations applicable to electric utilities and energy conservation in commercial buildings.

�� (2) The commission shall insure that each gas utility�s commercial energy conservation services program does not conflict with federal statutes and regulations applicable to gas utilities and energy conservation in commercial buildings.

�� (3) The Director of the State Department of Energy shall insure that each covered publicly owned utility�s commercial energy conservation services program does not conflict with federal statutes and regulations applicable to covered publicly owned utilities and energy conservation in commercial buildings. [1981 c.708 ��5,10,20]

�� Note: 469.900 (1) and (2) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

NORTHWEST INTERSTATE COMPACT ON LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT

�� 469.930 Northwest Interstate Compact on Low-Level Radioactive Waste Management. The Northwest Interstate Compact on Low-Level Radioactive Waste Management is enacted into law by the State of Oregon and entered into with all other jurisdictions lawfully joining therein in a form as provided for as follows:

ARTICLE I

Policy and Purpose

�� The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of such wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states� economies will be enhanced while sharing the responsibilities of radioactive low-level waste management.

ARTICLE II

Definitions

�� As used in this compact:

�� (1) �Facility� means any site, location, structure or property used or to be used for the storage, treatment or disposal of low-level waste, excluding federal waste facilities.

�� (2) �Low-level waste� means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than 10 nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations.

�� (3) �Generator� means any person, partnership, association, corporation or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste.

�� (4) �Host state� means a state in which a facility is located.

ARTICLE III

Regulatory Practices

�� Each party state hereby agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations of the host state. Such practices shall include:

�� (1) Maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state.

�� (2) Periodic unannounced inspection of the premises of such generators and the waste management activities thereon.

�� (3) Authorization of the containers in which such waste may be shipped and a requirement that generators use only that type of container authorized by the state.

�� (4) Assurance that inspections of the carriers which transport such waste are conducted by proper authorities and appropriate enforcement action is taken for violations.

�� (5) After receiving notification from a host state that a generator within the party state is in violation of applicable packaging or transportation standards, the party state will take appropriate action to assure that such violations do not recur. Such action may include inspection of every individual low-level waste shipment by that generator.

�� (6) Each party state may impose fees upon generators and shippers to recover the cost of the inspections and other practices under this Article. Nothing in this Article shall be construed to limit any party state�s authority to impose additional or more stringent standards on generators or carriers than those required under this Article.

ARTICLE IV

Regional Facilities

�� (1) Facilities located in any party state, other than facilities established or maintained by individual low-level waste generators for the management of their own low-level waste, shall accept low-level waste generated in any party state if such waste has been packaged and transported according to applicable laws and regulations.

�� (2) No facility located in any party state may accept low-level waste generated outside of the region comprised of the party states, except as provided in Article V.

�� (3) Until such time as paragraph (2) of this Article takes effect as provided in Article VI, facilities located in any party state may accept low-level waste generated outside of any of the party states only if such waste is accompanied by a certificate of compliance issued by an official of the state in which such waste shipment originated. Such certificate shall be in such form as may be required by the host state and shall contain at least the following:

�� (a) The generator�s name and address;

�� (b) A description of the contents of the low-level waste container;

�� (c) A statement that the low-level waste being shipped has been inspected by the official who issued the certificate or by an agent of the official or by a representative of the United States Nuclear Regulatory Commission, and found to have been packaged in compliance with applicable federal regulations and such additional requirements as may be imposed by the host state; and

�� (d) A binding agreement by the state of origin to reimburse any party state for any liability or expense incurred as a result of an accidental release of such waste, during shipment or after such waste reaches the facility.

�� (4) Each party state shall cooperate with the other party states in determining the appropriate site of any facility that might be required within the region comprised of the party states, in order to maximize public health and safety while minimizing the use of any one party state as the host of such facilities on a permanent basis. Each party state further agrees that decisions regarding low-level waste management facilities in the region will be reached through a good faith process which takes into account the burdens borne by each of the party states as well as the benefits each has received.

�� (5) The party states recognize that the issue of hazardous chemical waste management is similar in many respects to that of low-level waste management. Therefore, in consideration of the State of Washington allowing access to its low-level waste disposal facility by generators in other party states, party states such as Oregon and Idaho which host hazardous chemical waste disposal facilities will allow access to such facilities by generators within other party states. Nothing in this compact shall be construed to prevent any party state from limiting the nature and type of hazardous chemical or low-level wastes to be accepted at facilities within its borders or from ordering the closure of such facilities, so long as such action by a host state is applied equally to all generators within the region comprised of the party states.

�� (6) Any host state may establish a schedule of fees and requirements related to its facility to assure that closure, perpetual care, and maintenance and contingency requirements are met, including adequate bonding.

ARTICLE V

Northwest Low-Level

Waste Compact Committee

�� The governor of each party state shall designate one official of that state as the person responsible for administration of this compact. The officials so designated shall together comprise the Northwest low-level waste compact committee. The committee shall meet as required to consider matters arising under this compact. The parties shall inform the committee of existing regulations concerning low-level waste management in their states and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations. Notwithstanding any provision of Article IV to the contrary, the committee may enter into arrangements with states, provinces, individual generators or regional compact entities outside the region comprised of the party states for access to facilities on such terms and conditions as the committee may deem appropriate. However, it shall require a two-thirds vote of all such members, including the affirmative vote of the member of any party state in which a facility affected by such arrangement is located, for the committee to enter into such arrangement.

ARTICLE VI

Eligible Parties and Effective Date

�� (1) Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington and Wyoming. As to any eligible party, this compact shall become effective upon enactment into law by that party, but it shall not become initially effective until enacted into law by two states. Any party state may withdraw from this compact by enacting a statute repealing its approval.

�� (2) After the compact has initially taken effect pursuant to paragraph (1) of this Article any eligible party state may become a party to this compact by the execution of an executive order by the governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its legislature or July 1, 1983, whichever occurs first, unless the compact has by then been enacted as a statute by that state.

�� (3) Paragraph (2) of Article IV of this compact shall take effect on July 1, 1983, if consent is given by Congress. As provided in Public Law 96-573, Congress may withdraw its consent to the compact after every five-year period.

ARTICLE VII

Severability

�� If any provision of this compact, or its application to any person or circumstance, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other persons and circumstances, shall remain valid; and to this end the provisions of this compact are severable.

[1981 c.497 �1]

�� 469.935 [1981 c.497 �3; repealed by 1997 c.632 �14]

POWER COSTS AND RATES

�� 469.950 Authority to enter into interstate cooperative agreements to control power costs and rates; Bonneville Power Administration. The State of Oregon shall pursue and may enter into an interstate cooperative agreement with the states of Washington, Idaho and Montana for the purpose of making collective efforts to control Bonneville Power Administration wholesale power costs and rates by studying and developing a region-wide response to:

�� (1) Federal attempts to increase arbitrarily the interest rates on federal funds previously used to build public facilities in the Pacific Northwest.

�� (2) Federal initiatives to sell the Bonneville Power Administration.

�� (3) Bonneville Power Administration rate increase and budget expenditure proposals in excess of their actual needs.

�� (4) Regional uses of surplus firm power, including uses by existing or newly attracted Pacific Northwest industries, to provide long-term use of the surplus for job development.

�� (5) Power transmission intertie access. [1985 c.780 �1]

�� Note: 469.950 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.960 [2013 c.774 �1; 2014 c.38 �1; repealed by 2017 c.725 �22]

�� 469.961 [2013 c.774 �2; repealed by 2017 c.725 �22]

�� 469.962 [2013 c.774 �3; 2014 c.38 �2; repealed by 2017 c.725 �22]

�� 469.963 [2013 c.774 �4; 2014 c.38 �3; repealed by 2017 c.725 �22]

�� 469.964 [2013 c.774 �5; 2014 c.38 �4; repealed by 2017 c.725 �22]

�� 469.965 [2013 c.774 �6; 2014 c.38 �5; repealed by 2017 c.725 �22]

�� 469.966 [2013 c.774 �7; 2014 c.38 �6; repealed by 2017 c.725 �22]

PENALTIES

�� 469.990 Penalties. (1) In addition to any penalties under subsection (2) of this section, a person who discloses confidential information in violation of ORS 469.090, willfully or with criminal negligence, as defined by ORS 161.085, may be subject to removal from office or immediate dismissal from public employment.

�� (2)(a) Willful disclosure of confidential information in violation of ORS 469.090 is a Class A misdemeanor. Notwithstanding ORS 161.635, the maximum fine for a violation is $10,000.

�� (b) Disclosure of confidential information in violation of ORS 469.090 with criminal negligence, as defined by ORS 161.085, is a Class A violation.

�� (3) Any person who violates ORS 469.825 commits a Class A misdemeanor. [1975 c.606 �20; subsection (3) enacted as 1981 c.49 �11; 1999 c.1051 �185; 2011 c.597 �212]

�� 469.991 [1989 c.926 �40; 1991 c.67 �142; repealed by 1999 c.880 �2]

�� 469.992 Civil penalties. (1) The Director of the State Department of Energy or the Energy Facility Siting Council may impose civil penalties for violation of ORS 469.300 to 469.619 and

ORS 469.895

469.895 and 469.900 (3) and this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. Within 180 days of the adoption of rules by the director, each covered publicly owned utility shall present for the director�s approval a commercial energy conservation services program that shall, to the director�s satisfaction:

�� (a) Make information about energy conservation available to all commercial building customers of the covered publicly owned utility, upon request;

�� (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; and

�� (c) Provide to any commercial building customer of the covered publicly owned utility, upon request, an on-site energy audit of the customer�s commercial building, including, but not limited to, an estimate of the cost of energy conservation measures.

�� (2) The programs submitted and approved under this section shall include a reasonable time schedule for effective implementation of the elements set forth in subsection (1) of this section in the service areas of the covered publicly owned utility.

�� (3) The commercial energy conservation services program submitted under subsections (1) and (2) of this section shall specify whether the covered publicly owned utility proposes to charge the customer a fee for the energy audit and, if so, the fee amount. [1981 c.708 ��18,19; 2003 c.186 �51]

�� 469.895 Application of ORS 469.890 to 469.900 to publicly owned utility. (1) ORS 469.890 and 469.900 (3) and this section apply in any calendar year to a publicly owned utility only if during the second preceding calendar year sales of electric energy by the publicly owned utility for purposes other than resale exceeded 750 million kilowatt-hours. For the purpose of ORS 469.890 and 469.900 (3) and this section, a publicly owned utility with sales for nonresale purposes in excess of 750 million kilowatt-hours during the second preceding calendar year shall be known as a �covered publicly owned utility.�

�� (2) ORS 469.890 and 469.900 (3) and this section shall not apply to a covered publicly owned utility if the Director of the State Department of Energy determines that its existing commercial energy conservation services program meets or exceeds the requirements of those sections.

�� (3) Before the beginning of each calendar year, the director shall publish a list identifying each covered publicly owned utility to which ORS 469.890 and 469.900 (3) and this section shall apply during that calendar year.

�� (4) Any covered publicly owned utility is exempt from the requirements of ORS 469.880 and

ORS 469.900

469.900.

�� (d) �Electric utility� means a public utility, as defined in ORS 757.005, which produces, transmits, delivers or furnishes electric power and is regulated by the commission under ORS chapter 757.

�� (e) �Energy conservation measure� means a measure primarily designed to improve the efficiency of energy use in a commercial building. �Energy conservation measures� include, but are not limited to, improved operation and maintenance measures, energy use analysis procedures, lighting system improvements, heating, ventilating and air conditioning system modifications, furnace and boiler efficiency improvements, automatic control systems including wide dead band thermostats, heat recovery devices, infiltration controls, envelope weatherization, solar water heaters and water heating heat pumps.

�� (2) As used in ORS 469.865 and 469.900 (2), �gas utility� means a public utility, as defined in ORS 757.005, which delivers or furnishes natural gas to customers for heat, light or power.

�� (3) As used in ORS 469.880 to 469.895 and 469.900 (3):

�� (a) �Commercial building� means a public building as defined in ORS 455.560.

�� (b) �Conservation services� has the meaning given in subsection (1) of this section.

�� (c) �Energy conservation measure� has the meaning given in subsection (1) of this section.

�� (d) �Publicly owned utility� means an electric utility owned or operated, in whole or in part, by a municipality, cooperative association or people�s utility district. [1981 c.708 ��1,7,13]

�� Note: 469.860 (1) and (2) and 469.863 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.863 Gas utility to adopt commercial energy audit program; rules. (1) Within 365 days after November 1, 1981, the Public Utility Commission shall adopt rules governing energy conservation programs provided by gas utilities under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building.

�� (2) Within 180 days after the effective date of the rules adopted by the commission under subsection (1) of this section, each gas utility shall present for the commission�s approval a commercial energy audit program which shall, to the commission�s satisfaction:

�� (a) Make information about energy conservation measures available to any commercial building customer of the gas utility, upon request;

�� (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section;

�� (c) Provide to any commercial building customer of the gas utility, upon request, an on-site energy audit of the customer�s commercial building, including, but not limited to, an estimate of the cost of the recommended energy conservation measure; and

�� (d) Set a reasonable time schedule for effective implementation of the elements set forth in this section. [1981 c.708 �8]

�� Note: See note under 469.860.

�� 469.865 Electric utility to adopt commercial energy conservation services program. (1) Within 180 days after the adoption of the rules by the Public Utility Commission under section 2, chapter 708, Oregon Laws 1981, each electric utility shall present for the commission�s approval a commercial energy conservation services program which shall, to the commission�s satisfaction:

�� (a) Make information about energy conservation available to any commercial building customer of the electric utility, upon request;

�� (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; and

�� (c) Provide to any commercial building customer of the electric utility, upon request, an on-site energy audit of the customer�s commercial building, including, but not limited to, an estimate of the cost of the energy conservation measures.

�� 469.870 Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility. ORS 469.865, 469.900 (1) and this section shall not apply to an electric utility if the Public Utility Commission determines that its existing commercial energy conservation services program meets or exceeds the requirements of those sections. [1981 c.708 �4]

�� 469.875 Fee for gas utility audit. The Public Utility Commission shall determine whether the gas utility may charge a reasonable fee to the customer for the energy audit service and, if so, the fee amount. [1981 c.708 �9]

�� 469.878 [1991 c.711 �6; 1993 c.18 �123; 1995 c.746 �18a; 1999 c.623 �8; 1999 c.765 �6; renumbered 469B.171 in 2011]

�� 469.880 Energy audit program; rules. Each publicly owned utility serving Oregon shall, either independently or as part of an association, provide an energy audit program for its commercial customers. The Director of the State Department of Energy shall adopt rules governing the commercial energy audit program established under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. [1981 c.708 �14; 1987 c.158 �100; 2003 c.186 �49]

�� 469.885 Publicly owned utility to adopt commercial energy audit program; fee. (1) Within 180 days after the adoption of rules by the Director of the State Department of Energy under ORS

ORS 469A.025

469A.025;

�� (b) Come from a cogeneration facility in this state that is fueled by natural gas, synthetic gas, distillate fuels, waste gas or a combination of these fuels, and that is producing energy, in service for tax purposes, commercially operable, or in rates as of July 1, 2010, until the facility is subject to a new long-term financial commitment; or

�� (c) Come from a generating facility that has in place a plan to be a low-carbon emission resource, as determined by the State Department of Energy, pursuant to sufficient technical documentation, within seven years of commencing plant operations.

�� (3) The governing board may provide an exemption for an individual generating facility from the emissions performance standard to address:

�� (a) Unanticipated electricity system reliability needs;

�� (b) Catastrophic events or threat of significant financial harm that may arise from unforeseen circumstances; or

�� (c) Long-term financial commitments between members of a joint operating entity recognized under federal law or the joint operating entity�s predecessor organization, or with the joint operating entity for a baseload resource that the consumer-owned utility had an ownership interest in prior to July 1, 2010.

�� (4) A governing board shall report to the consumer-owned utility�s customers or members and to the State Department of Energy information on any case-by-case exemption from the emissions performance standard granted by the governing board.

�� (5) For purposes of ORS 757.522 to 757.536, a long-term financial commitment for a consumer-owned utility does not include agreements to purchase electricity from the Bonneville Power Administration.

�� (6) The department by rule shall establish:

�� (a) Standards for identifying contracts for electricity for which the emissions cannot readily be determined with any specificity; and

�� (b) Emissions to be attributed to such contracts for purposes of determining compliance with the emissions standard established under ORS 757.528. [2009 c.751 �5]

�� Note: See note under 757.522.

�� 757.535 [Repealed by 1971 c.655 �250]

�� 757.536 Public Utility Commission review of plans and rates to ensure compliance with greenhouse gas emissions standard; rules. (1)(a) The Public Utility Commission may not acknowledge in an integrated resource plan, or allow in customer rates, the costs of a long-term financial commitment by an electric company or by an electricity service supplier unless the baseload electricity proposed to be acquired under the commitment is produced by a generating facility that complies with the greenhouse gas emissions standard established under ORS

ORS 469A.130

469A.130 that are associated with the generation of electricity by a community solar project, in proportion to the owner�s proportional ownership in or the subscriber�s proportional subscription to the community solar project.

�� (9) As part of the program established under this section, the commission shall:

�� (a) Determine a methodology by which 10 percent of the total generating capacity of the community solar projects operated under the program will be made available for use by low-income residential customers of electricity; and

�� (b) Periodically review and adjust the percentage described in paragraph (a) of this subsection.

�� (10) A subscription described in this section shall be considered a lease for purposes of ORS 307.092 and 307.112. [2016 c.28 �22; 2022 c.79 �3]

�� Note: 757.386 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

RENEWABLE NATURAL GAS

�� 757.390 Legislative findings and declarations. (1) The Legislative Assembly finds and declares that:

�� (a) Renewable natural gas provides benefits to natural gas utility customers and to the public; and

�� (b) The development of renewable natural gas resources should be encouraged to support a smooth transition to a low carbon energy economy in Oregon.

�� (2) The Legislative Assembly therefore declares that:

�� (a) Natural gas utilities can reduce emissions from the direct use of natural gas by procuring renewable natural gas and investing in renewable natural gas infrastructure;

�� (b) Regulatory guidelines for the procurement of renewable natural gas and investments in renewable natural gas infrastructure should enable the procurements and investments while also protecting Oregon consumers; and

�� (c) Renewable natural gas should be included in the broader set of low carbon resources that may leverage the natural gas system to reduce greenhouse gas emissions. [2019 c.541 �2]

�� 757.392 Definitions. As used in ORS 757.390 to 757.398:

�� (1) �Biogas� means a mixture of carbon dioxide and hydrocarbons, primarily methane gas, released from the biological decomposition of organic materials.

�� (2) �Biomass� has the meaning given that term in ORS 315.141.

�� (3) �Large natural gas utility� means a natural gas utility with 200,000 or more customer accounts in Oregon.

�� (4) �Natural gas utility� means a public utility providing natural gas service to customers.

�� (5)(a) �Qualified investment� means any capital investment in renewable natural gas infrastructure incurred by a natural gas utility for the purpose of providing natural gas service under a renewable natural gas program described in ORS

ORS 469A.205

469A.205, a voluntary renewable energy tariff or a special contract, as approved by the commission, except the contract must meet the requirements and be consistent with the provisions of this section. [2025 c.323 �5]

�� Note: Section 6, chapter 323, Oregon Laws 2025, provides:

�� Sec. 6. Section 5 of this 2025 Act [757.295] applies to retail electricity consumers that are large energy use facilities that:

�� (1) Enter into a contract for electricity service with an electric company on or after the effective date of this 2025 Act [June 16, 2025]; or

�� (2) Enter into a contract for electricity service with an electric company before the effective date of this 2025 Act, if the provision of electricity service requires the electric company to make significant investments or incur costs after the effective date of this 2025 Act that could result in increased costs or risks to other retail electricity consumers of the electric company. [2025 c.323 �6]

�� Note: Sections 7 and 8, chapter 323, Oregon Laws 2025, provide:

�� Sec. 7. Annual report on trends in load requirements from large energy use facilities. No later than September 1 of each even-numbered year, the Public Utility Commission shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to energy. The report shall review trends in load requirements and other implications from retail electricity consumers that are large energy use facilities, as defined in section 2 of this 2025 Act [757.292], and other retail electricity consumers that use large amounts of electricity. In providing the report, the commission must protect proprietary information as provided for under rules or orders of the commission. [2025 c.323 �7]

�� Sec. 8. Section 7 of this 2025 Act is repealed on January 2, 2035. [2025 c.323 �8]

NET METERING FACILITIES

�� 757.300 Net metering facility allowed to connect to public utility; conditions for connecting and measuring energy; rules; application to out-of-state utilities. (1) As used in this section:

�� (a) �Customer-generator� means a user of a net metering facility.

�� (b) �Electric utility� means a public utility, a people�s utility district operating under ORS chapter 261, a municipal utility operating under ORS chapter 225 or an electric cooperative organized under ORS chapter 62.

�� (c) �Net metering� means measuring the difference between the electricity supplied by an electric utility and the electricity generated by a customer-generator and fed back to the electric utility over the applicable billing period.

�� (d) �Net metering facility� means a facility for the production of electrical energy that:

�� (A) Generates electricity using:

�� (i) Solar power;

�� (ii) Wind power;

�� (iii) Fuel cells;

�� (iv) Hydroelectric power;

�� (v) Landfill gas;

�� (vi) Digester gas;

�� (vii) Waste;

�� (viii) Dedicated energy crops available on a renewable basis;

�� (ix) Low-emission, nontoxic biomass based on solid organic fuels from wood, forest or field residues;

�� (x) Geothermal energy; or

�� (xi) Renewable marine energy, including wave energy, wave-wind hybrid energy and tidal energy;

�� (B) Is located on the customer-generator�s premises, the territorial sea as defined in ORS

ORS 469A.400

469A.400:

�� (A) Adapt to impacts from climate change; and

�� (B) Overcome cost burdens and other barriers to using energy in a way that is efficient and in alignment with greenhouse gas emissions reduction goals.

�� (e) Consistent with applicable federal and state laws, consulting with the Oregon Climate Action Commission and the Environmental Justice Council and using, when appropriate, the environmental justice mapping tool developed under ORS 182.555 when considering or evaluating for development or implementation the policies and actions described in this subsection. [2023 c.442 �2]

�� Note: See note under 469.760.

�� 469.766 Biennial report on adoption of heat pump technologies in this state. (1) The State Department of Energy shall submit to the Governor and an interim committee of the Legislative Assembly related to the environment not later than September 15 of each odd-numbered year, beginning in 2025, a report that evaluates the rate of adoption of heat pump technologies among residents of this state and progress the state is making in achieving the state�s greenhouse gas emissions reduction goals. At a minimum, the report must:

�� (a) Review, using existing studies, market reports, polling data and other publicly available information, the nature and state of the market for heat pump technologies, including the size and dollar value of the market and the variety of available technologies, applications and appliances;

�� (b) Identify financial and nonfinancial barriers that prevent adoption of heat pump technologies by residents of this state;

�� (c) Assess the state�s progress in achieving the goals specified in ORS 469.760 (2); and

�� (d) Estimate the date by which the state will achieve the goals specified in ORS 469.760 (2).

�� (2) The department shall collaborate with other state agencies described in ORS 469.763 (1)(a) in preparing the report described in subsection (1) of this section and may:

�� (a) Contract with a private entity to conduct research for, prepare or assist in preparing the report; and

�� (b) Incorporate the findings from this report into the biennial energy report or into other reports to the Legislative Assembly concerning home energy efficiency or heat pump technologies.

�� (3) In assessing the state�s progress toward achieving the goal specified in ORS 469.760 (2)(a), the department shall focus on heat pumps that are commercially available and shall, to the extent possible, use existing studies, data and analysis to evaluate:

�� (a) Whether reductions in greenhouse gas emissions attributable to new heat pumps installed in homes and buildings in this state contribute to the state�s ability to meet greenhouse gas emissions reduction goals; and

�� (b) To the extent possible, whether sales figures, the percentage of newly installed space and water heating systems that are heat pumps and the rate at which residents of this state install new heat pumps indicate that the state will meet the goal specified in ORS 469.760 (2)(a). [2023 c.442 �3]

�� Note: See note under 469.760.

�� 469.769 Program to reduce barriers to home energy efficiency and resilience. (1) The State Department of Energy shall collaborate with other state agencies described in ORS 469.763 (1)(a) to reduce financial and nonfinancial barriers to home energy efficiency and resilience by:

�� (a) Providing initial and continuing technical assistance and training in order to build capacity in developers, builders, community-based organizations, homeowners and tenants to conduct renovations and installations of energy efficient technologies, including heat pumps; and

�� (b) Providing education and training to contractors, subcontractors, technicians, community-based organizations and other installers and other workers in industries related to construction and energy appliance installation concerning:

�� (A) The availability of moneys, programs, rebates and other incentives for acquiring and installing energy efficient appliances for heating and cooling;

�� (B) Methods, techniques, available incentives and funding available for upgrading electrical panels and wiring to accommodate energy efficient appliances for heating and cooling; and

�� (C) Planning for, installing and operating heat pumps.

�� (2) The program described in subsection (1) of this section must:

�� (a) Provide information and assistance that is understandable and usable by developers, builders, community-based organizations and other industry stakeholders with an interest in acquiring, maintaining and using energy efficient technologies for heating and cooling homes and commercial buildings, including heat pump technologies;

�� (b) Include information on delivering, installing and using high efficiency heating and cooling appliances in instances where variation exists in funding options for various minimum efficiency requirements;

�� (c) Work with locally connected and culturally connected organizations to provide the program�s information, technical assistance, training and support; and

�� (d) Allow sufficient flexibility for designated state agencies to contract with private entities to provide needed information, assistance, training and support.

�� (3) The department may incorporate the work described in this section with other programs that serve to educate the public on energy efficiency. [2023 c.442 �4]

�� Note: See note under 469.760.

�� 469.772 Energy Efficient Technologies Information and Training Fund. (1)(a) The Energy Efficient Technologies Information and Training Fund is established in the State Treasury, separate and distinct from the General Fund. Interest that the Energy Efficient Technologies Information and Training Fund earns must be credited to the fund.

�� (b) Moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857.

�� (2) Moneys in the fund consist of:

�� (a) Appropriations to the State Department of Energy for the purposes described in ORS 469.760 to 469.772;

�� (b) Moneys from federal sources and other moneys the department receives for the purposes specified in ORS 469.760 to 469.772;

�� (c) Interest and other earnings on moneys in the fund; and

�� (d) Other amounts the department receives from any source and deposits into the fund.

�� (3) Subject to subsection (4) of this section, moneys in the fund are continuously appropriated to the department for the purpose of funding the purposes described in ORS 469.760 to 469.772.

�� (4)(a) The department may not during any biennium expend more than 10 percent of the average quarterly balance of the fund to pay the cost of administering the fund or the administrative costs of carrying out the purposes described in ORS

ORS 469A.410

469A.410 or reduce the emissions of greenhouse gases consistent with state policy;

�� (d) Allow for procurement of or contracts for generation resources that support the electric company�s ability to meet the clean energy targets set forth in ORS 469A.410 or reduce the emissions of greenhouse gases consistent with state policy; and

�� (e) Meet any other conditions the commission may require in the public interest. [2025 c.323 �2]

�� Note: Sections 3 and 4, chapter 323, Oregon Laws 2025, provide:

�� Sec. 3. An electric company and a retail electricity consumer that is a large energy use facility are not required to use a classification of service provided for under section 2 of this 2025 Act [757.292] if the Public Utility Commission has not approved for the electric company a tariff schedule for the classification of service. [2025 c.323 �3]

�� Sec. 4. Section 3 of this 2025 Act is repealed on January 2, 2028. [2025 c.323 �4]

�� 757.295 Contract for electricity services required; terms and conditions; delay in services. (1)(a) The Public Utility Commission shall require an electric company that is providing electricity service to a retail electricity consumer that is a large energy use facility to enter into a contract with the retail electricity consumer that covers the provision of the electricity service, including, as applicable, transmission, distribution, energy, capacity or ancillary electricity services.

�� (b) Any contract for the provision of electricity service entered into between an electric company and a retail electricity consumer that is a large energy use facility:

�� (A) Must:

�� (i) Be consistent with the criteria listed under ORS 757.292 (3);

�� (ii) Specify the duration of the contract and be for a duration for 10 years or longer;

�� (iii) Specify the date or estimated date that the electric company will begin to provide electricity service to the retail electricity consumer;

�� (iv) Obligate the retail electricity consumer to pay a minimum amount or percentage, as determined by the commission, based on the retail electricity consumer�s projected electricity usage for the electricity services the electric company is contracted to provide for the duration of the contract; and

�� (v) Meet any other conditions the commission may require in the public interest; and

�� (B) May include a charge for excess demand for the electricity services the electric company is contracted to provide that is in addition to the tariff schedule.

�� (2) If an electric company fails to begin to provide electricity service on or by the date or estimated date specified in a contract entered into under this section due to causes within the electric company�s reasonable control, the electric company shall provide the retail electricity consumer notice of the delay as soon as reasonably practicable. A contract entered into under this section may include terms and conditions that address the possibility of a delay due to causes within the reasonable control of the parties to the contract.

�� (3) A contract, as described under subsection (1) of this section, may not prevent the commission from carrying out the commission�s duties under this section or ORS

ORS 469B.118

469B.118 or 469B.130 to 469B.169.

�� (10) All prudently incurred costs associated with compliance with this section are recoverable in the rates of an electric company.

�� (11) The commission shall advise and assist the owners and operators of qualifying systems in identifying and using grants, incentive moneys, federal funding and other sources of noninvestment financial support for the construction and operation of qualifying systems.

�� (12) The pilot programs described in subsection (1) of this section close to new participants on the earlier of:

�� (a) March 31, 2016; or

�� (b) The date the cumulative nameplate capacity of solar photovoltaic energy systems that have been permanently installed by retail electricity consumers under the pilot programs equals 27.5 megawatts of alternating current. [2009 c.748 �2; 2010 c.78 �2; 2013 c.244 ��1,3; 2021 c.547 �22; 2025 c.232 �1]

�� Note: See note under 757.360.

�� 757.370 [2009 c.748 �3; 2010 c.79 �2; repealed by 2016 c.28 �23]

�� 757.375 Credit toward compliance with renewable portfolio standard; limits. (1) Any electricity produced from a solar photovoltaic energy system that is physically located in this state may be used by an electric company to comply with the renewable portfolio standard established under ORS 469A.005 to 469A.210.

�� (2) For each kilowatt-hour of electricity produced from a qualifying system that first becomes operational before January 1, 2016, and has a nameplate capacity of between 500 kilowatts and five megawatts of alternating current, the Public Utility Commission shall credit the electric company with two kilowatt-hours of qualifying electricity toward the electric company�s compliance with the renewable portfolio standard under ORS 469A.005 to 469A.210, up to a maximum of 20 megawatts of capacity. [2009 c.748 �4; 2016 c.28 �24]

�� Note: See note under 757.360.

�� 757.380 Applicability of ORS 757.360 to 757.380. ORS 757.360 to 757.380 apply only to qualifying systems that are solar photovoltaic energy systems. [2009 c.748 �5]

�� Note: See note under 757.360.

�� 757.385 Allowance of fair and reasonable rates. Nothing in ORS 276.910 and 757.360 to 757.380 affects the authority of the Public Utility Commission to set fair and reasonable rates as authorized under ORS 756.040 (1). [2009 c.748 �8]

�� Note: See note under 757.360.

�� 757.386 Program for procurement of electricity from community solar projects; rules. (1) For purposes of this section:

�� (a) �Community solar project� means one or more solar photovoltaic energy systems that provide owners and subscribers the opportunity to share the costs and benefits associated with the generation of electricity by the solar photovoltaic energy systems.

�� (b) �Electric company� has the meaning given that term in ORS 757.600.

�� (c) �Owner� means a customer of an electric company who has proportionate ownership of part of a community solar project, such as direct ownership of one or more solar panels or shared ownership of the infrastructure of the community solar project.

�� (d) �Project manager� means the entity identified as having responsibility for managing the operation of a community solar project and, if applicable, for maintaining contact with the electric company that procures electricity from the community solar project. A project manager may be:

�� (A) An electric company; or

�� (B) An independent third party.

�� (e) �Solar photovoltaic energy system� means equipment and devices that have the primary purpose of collecting solar energy and generating electricity by photovoltaic effect.

�� (f) �Subscriber� means a customer of an electric company who proportionately leases part of a community solar project for a minimum of 10 years.

�� (2)(a) The Public Utility Commission shall establish by rule a program for the procurement of electricity from community solar projects. As part of the program, the commission shall:

�� (A) Adopt rules prescribing what qualifies a community solar project to participate in the program;

�� (B) Certify qualified community solar projects for participation in the program;

�� (C) Prescribe the form and manner by which project managers may apply for certification under the program; and

�� (D) Require, by rule or order, electric companies to enter into a 20-year power purchase agreement with a certified community solar project.

�� (b) The commission shall adopt rules under paragraph (a)(A) of this subsection that, at a minimum:

�� (A) Incentivize consumers of electricity to be owners or subscribers;

�� (B) Minimize the shifting of costs from the program to ratepayers who do not own or subscribe to a community solar project;

�� (C) Where an electric company is the project manager, protect owners and subscribers from undue financial hardship; and

�� (D) Protect the public interest.

�� (c) The commission may suspend the program adopted under this subsection if the commission has good cause to suspend the program.

�� (3) A community solar project:

�� (a) Must have at least one solar photovoltaic energy system with a minimum generating capacity of 25 kilowatts;

�� (b) Must be located in this state; and

�� (c) May be located anywhere in this state.

�� (4) A project manager may offer ownership in or subscriptions to a community solar project only to consumers of electricity that are located:

�� (a) In this state; and

�� (b) In the service territory of an electric company.

�� (5)(a) A project manager may offer proportional ownership in or proportional subscriptions to a community solar project in any amount that does not exceed a potential owner�s or potential subscriber�s average annual consumption of electricity.

�� (b) Any value associated with the generation of electricity in excess of an offer to own or subscribe to a community solar project as limited by paragraph (a) of this subsection must be used by the electric company procuring electricity from the community solar project in support of low-income residential customers of the electric company.

�� (6)(a) Except as provided in paragraph (b) of this subsection, an electric company shall credit an owner�s or subscriber�s electric bill for the amount of electricity generated by a community solar project for the owner or subscriber in a manner that reflects the resource value of solar energy. For purposes of this paragraph, the commission shall determine the resource value of solar energy.

�� (b) The commission may adopt a rate for an electric company to use in crediting an owner�s or subscriber�s electric bill other than the rate described in paragraph (a) of this subsection if the commission has good cause to adopt the different rate.

�� (7)(a) Except as otherwise provided in this section, owners and subscribers shall bear the costs and benefits of constructing and operating a community solar project.

�� (b) Costs incurred by an electric company under the terms of a power purchase agreement entered into pursuant to subsection (2)(a)(D) of this section are recoverable in the rates of the electric company. Moneys collected pursuant to imposing those rates, under the terms of a power purchase agreement entered into pursuant to subsection (2)(a)(D) of this section, may be transferred to a project manager for the purpose of operating a community solar project.

�� (c) All start-up costs prudently incurred during the development or modification of the program established under this section are recoverable in the rates of an electric company.

�� (d) Owners and subscribers shall bear all ongoing costs incurred during the continued administration of the program established under this section.

�� (8) Owners and subscribers own all renewable energy certificates established under ORS

ORS 469B.130

469B.130 to 469B.169, prior to January 1, 2012; and

�� (c) The taxpayer must be an eligible applicant under ORS 285C.547 (1)(b).

�� (3) The total amount of credit allowable to an eligible taxpayer under this section may not exceed 50 percent of the certified cost of a facility.

�� (4)(a) Upon any sale, termination of the lease or contract, exchange or other disposition of the facility, notice thereof shall be given to the Director of the Oregon Business Development Department, who shall revoke the certificate covering the facility as of the date of such disposition.

�� (b) The new owner, or upon re-leasing of the facility, the new lessor, may apply for a new certificate under ORS 285C.553. The new lessor or owner must meet the requirements of ORS 285C.540 to 285C.559 and may claim a tax credit under this section only if all moneys owed to the State of Oregon have been paid, the facility continues to operate, unless continued operation is waived by the Oregon Business Development Department, and all conditions in the final certification are met. The tax credit available to the new owner shall be limited to the amount of credit not claimed by the former owner or, for a new lessor, the amount of credit not claimed by the lessor under all previous leases.

�� (5) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer�s tax liability for the next succeeding tax year. Any credit remaining unused in that next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise, any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and likewise, any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, and likewise, any credit not used in that fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, and likewise, any credit not used in that fifth succeeding tax year may be carried forward and used in the sixth succeeding tax year, and likewise, any credit not used in that sixth succeeding tax year may be carried forward and used in the seventh succeeding tax year, and likewise, any credit not used in that seventh succeeding tax year may be carried forward and used in the eighth succeeding tax year, but may not be carried forward for any tax year thereafter. Credits may be carried forward to and used in a tax year beyond the years specified in subsection (1) of this section only as provided in this subsection.

�� (6) The credit allowed under this section is not in lieu of any depreciation or amortization deduction for the facility to which the taxpayer otherwise may be entitled for purposes of ORS chapter 316, 317 or 318 for such year.

�� (7) The taxpayer�s adjusted basis for determining gain or loss may not be decreased by any tax credits allowed under this section.

�� (8) The definitions in ORS 285C.540 apply to this section. [2011 c.474 �2; 2012 c.45 �17]

�� Note: Section 3, chapter 474, Oregon Laws 2011, provides:

�� Sec. 3. A taxpayer may not be allowed a credit under section 2 of this 2011 Act [315.341] unless the taxpayer receives preliminary certification under section 10 of this 2011 Act [285C.551] before January 1, 2014. [2011 c.474 �3]

�� 315.345 [Repealed by 1965 c.26 �6]

�� 315.350 [Repealed by 1965 c.26 �6]

�� 315.354 Energy conservation facilities. (1) A credit is allowed against the taxes otherwise due under ORS chapter 316 (or, if the taxpayer is a corporation, under ORS chapter 317 or 318), based upon the certified cost of the facility during the period for which that facility is certified under ORS 469B.130 to 469B.169. The credit is allowed as follows:

�� (a) Except as provided in paragraph (b) or (c) of this subsection, the credit allowed in each of the first two tax years in which the credit is claimed shall be 10 percent of the certified cost of the facility, but may not exceed the tax liability of the taxpayer. The credit allowed in each of the succeeding three years shall be five percent of the certified cost, but may not exceed the tax liability of the taxpayer.

�� (b) If the certified cost of the facility does not exceed $20,000, the total amount of the credit allowable under subsection (4) of this section may be claimed in the first tax year for which the credit may be claimed, but may not exceed the tax liability of the taxpayer.

�� (c) If the facility uses or produces renewable energy resources, the credit allowed in each of five succeeding tax years shall be 10 percent of the certified cost of the facility, but may not exceed the tax liability of the taxpayer.

�� (2) Notwithstanding subsection (1) of this section:

�� (a) If the facility is one or more renewable energy resource systems installed in a single-family dwelling, the amount of the credit for each system shall be determined as if the facility was considered a residential alternative energy device under ORS 316.116, but subject to the maximum credit amount under subsection (4)(b) of this section;

�� (b) If the facility is a high-performance home, the amount of the credit shall equal the amount determined under paragraph (a) of this subsection plus $3,000; and

�� (c) If the facility is a high-performance home or a homebuilder-installed renewable energy system, the total amount of the credit may be claimed in the first tax year for which the credit is claimed, but may not exceed the tax liability of the taxpayer.

�� (3) In order for a tax credit to be allowable under this section:

�� (a) The facility must be located in Oregon;

�� (b) The facility must have received final certification from the Director of the State Department of Energy under ORS 469B.130 to 469B.169;

�� (c) The taxpayer must be an eligible applicant under ORS 469B.145 (1)(c); and

�� (d) If the alternative fuel vehicle is a gasoline-electric hybrid vehicle not designed for electric plug-in charging, it must be purchased before January 1, 2010.

�� (4) The total amount of credit allowable to an eligible taxpayer under this section may not exceed:

�� (a) 50 percent of the certified cost of a renewable energy resources facility or a high-efficiency combined heat and power facility;

�� (b) $9,000 per single-family dwelling for homebuilder-installed renewable energy systems;

�� (c) $12,000 per single-family dwelling for homebuilder-installed renewable energy systems, if the dwelling also constitutes a high-performance home; or

�� (d) 35 percent of the certified cost of any other facility.

�� (5)(a) Upon any sale, termination of the lease or contract, exchange or other disposition of the facility, notice thereof shall be given to the Director of the State Department of Energy, who shall revoke the certificate covering the facility as of the date of such disposition.

�� (b) The new owner, or upon re-leasing of the facility, the new lessor, may apply for a new certificate under ORS 469B.161. The new lessor or owner must meet the requirements of ORS 469B.130 to 469B.169 and may claim a tax credit under this section only if all moneys owed to the State of Oregon have been paid, the facility continues to operate, unless continued operation is waived by the State Department of Energy, and all conditions in the final certification are met. The tax credit available to the new owner shall be limited to the amount of credit not claimed by the former owner or, for a new lessor, the amount of credit not claimed by the lessor under all previous leases.

�� (c) The State Department of Energy may not revoke the certificate covering a facility under paragraph (a) of this subsection if the tax credit associated with the facility has been transferred to a taxpayer who is an eligible applicant under ORS

ORS 469B.164

469B.164 in 2011]

�� 469.220 [1979 c.512 �9; 2010 c.76 �13; 2011 c.693 �3; renumbered 469B.167 in 2011]

�� 469.225 [1979 c.512 �10; 2003 c.186 �27; 2008 c.29 �5; 2010 c.76 �14; 2011 c.474 �31; renumbered 469B.169 in 2011]

�� 469.228 [1989 c.926 �1; 1991 c.67 �134; 1991 c.641 �5; 1993 c.617 �1; repealed by 1999 c.880 �2]

ENERGY EFFICIENCY STANDARDS

�� 469.229 Definitions for ORS 469.229 to 469.261. As used in ORS 469.229 to 469.261, unless the context clearly requires otherwise:

�� (1) �� la carte charger� means a battery charger that is individually packaged without batteries, including a multiport charger or a charger with multivoltage capability.

�� (2) �Ballast� means a device used with an electric discharge lamp to obtain necessary circuit conditions for starting and operating the lamp.

�� (3) �Battery� or �battery pack� means an assembly of one or more rechargeable cells intended to provide electrical energy to a product, in one of the following forms:

�� (a) A detachable battery that is contained in an enclosure separate from the product and that is intended to be removed or disconnected from the product for charging; or

�� (b) An integral battery that is contained within the product and is not removed from the product for charging.

�� (4) �Battery analyzer� means a device:

�� (a) Used to analyze and report a battery�s performance and overall condition;

�� (b) Capable of being programmed and performing service functions to restore capability in deficient batteries; and

�� (c) Not intended or marketed to be used on a daily basis for the purpose of charging batteries.

�� (5) �Battery backup� or �uninterruptible power supply charger (UPS)� means a small battery charger system that is voltage and frequency dependent (VFD) and designed to provide power to an end-use product in the event of a power outage, including a UPS as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition), where the output of the VFD UPS is dependent on changes in AC input voltage and frequency and is not intended to provide additional corrective functions, such as those relating to the use of tapped transformers.

�� (6)(a) �Battery charger system� means a battery charger coupled with its batteries, including:

�� (A) Electronic devices with a battery that are normally charged from AC line voltage or DC input voltage through an internal or external power supply and a dedicated battery charger;

�� (B) The battery and battery charger components of devices that are designed to run on battery power during part or all of their operations;

�� (C) Dedicated battery systems primarily designed for electrical or emergency backup; and

�� (D) Devices whose primary function is to charge batteries, along with the batteries the devices are designed to charge, including chargers for power tool batteries and chargers for automotive, AA, AAA, C, D, or nine-volt rechargeable batteries and chargers for batteries used in larger industrial motive equipment and � la carte chargers.

�� (b) �Battery charger system� does not mean a battery charger:

�� (A) Used to charge a motor vehicle that is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells or other portable sources of electrical current, including a nonelectrical source of power designed to charge batteries and components thereof, except for battery chargers for forklifts, electric personal assistive mobility devices or low-speed vehicles;

�� (B) That is classified as a Class II or Class III device for human use under the Federal Food, Drug, and Cosmetic Act, as in effect on January 1, 2014, and that requires listing and approval as a medical device;

�� (C) Used to charge a battery or batteries in an illuminated exit sign, including those products that are a combination illuminated exit sign and emergency egress lighting;

�� (D) With input that is three phases of line-to-line 300 volts root mean square or more and is designed for a stationary power application;

�� (E) That is a battery analyzer;

�� (F) That is a voltage independent or voltage and frequency independent uninterruptible power supply as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition); or

�� (G) That is contained completely within a larger product and that provides power for data storage or for continuity within volatile cache or memory systems, that maintains information for system use and that is not capable of powering full operation of the larger product when external AC line voltage is removed.

�� (c) The charging circuitry of battery charger systems may or may not be located within the housing of the end-use device. In many cases, the battery may be charged with a dedicated external charger and power supply combination that is separate from the device that runs on power from the battery.

�� (7) �Battery maintenance mode� means the mode of operation when the battery charger system is connected to the main electricity supply and the battery is fully charged and connected to the charger.

�� (8) �Bottle-type water dispenser� and �water cooler� have the meanings given those terms by the Director of the State Department of Energy by rule.

�� (9) �Charge return factor� means the number of ampere-hours returned to the battery during the charge cycle divided by the number of ampere-hours delivered by the battery during discharge.

�� (10) �Combination television� means a system in which a television or television monitor and an additional device or devices, including a video cassette recorder, are combined into a single unit in which the additional device or devices are included in the television casing.

�� (11) �Commercial dishwasher� has the meaning given that term by the director by rule.

�� (12) �Commercial fryer� has the meaning given that term by the director by rule.

�� (13)(a) �Commercial hot food holding cabinet� means an appliance that is a heated, fully-enclosed compartment with one or more solid doors and is designed to maintain the temperature of hot food that has been cooked in a separate appliance.

�� (b) �Commercial hot food holding cabinet� does not include heated glass merchandising cabinets, drawer warmers or cook-and-hold appliances.

�� (14) �Commercial steam cooker� has the meaning given that term by the director by rule.

�� (15)(a) �Compact audio product,� also known as a mini, mid, micro or shelf audio system, means an integrated audio system encased in a single housing that includes an amplifier and radio tuner and attached or separable speakers that can reproduce audio from one or more of the following media:

�� (A) Magnetic tape;

�� (B) Compact disc;

�� (C) DVD; or

�� (D) Flash memory.

�� (b) �Compact audio product� does not include products that can be independently powered by internal batteries, have a powered external satellite antenna or can provide a video output signal.

�� (16) �Compensation� means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

�� (17) �Component television� means a television composed of two or more separate components, including separate display device and tuner, marketed as a television under one model or system designation and having one or more power cords.

�� (18) �Computer� has the meaning given that term by the director by rule.

�� (19) �Computer monitor� has the meaning given that term by the director by rule.

�� (20) �Digital versatile disc� or �DVD� means a laser-encoded plastic medium capable of storing a large amount of digital audio, video and computer data.

�� (21)(a) �Digital versatile disc player� or �digital versatile disc recorder� means a commercially available electronic product encased in a single housing that includes an integral power supply and for which the sole purpose is, respectively, the decoding and the production or recording of digitized video signal on a DVD.

�� (b) �Digital versatile disc recorder� does not include models that have an electronic programming guide function that provides an interactive, on-screen menu of television listings and downloads program information from the vertical blanking interval of a regular television signal.

�� (22) �Electric storage water heater� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (23) �Electronic programming guide� means an application that provides an interactive, on-screen menu of television listings that downloads program information from the vertical blanking interval of a regular television signal.

�� (24) �Faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (25) �High color-rendering index fluorescent lamp� and �high CRI fluorescent lamp� have the meanings given those terms by the director by rule.

�� (26) �High-intensity discharge lamp� means a lamp in which light is produced by the passage of an electric current through a vapor or gas, and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts per square centimeter.

�� (27)(a) �High light output double-ended quartz halogen lamp� means a lamp that:

�� (A) Is designed for general outdoor lighting purposes;

�� (B) Contains a tungsten filament;

�� (C) Has a rated initial lumen value of greater than 6,000 and less than 40,000 lumens;

�� (D) Has at each end a recessed single contact, R7s base;

�� (E) Has a maximum overall length between four and 11 inches;

�� (F) Has a nominal diameter less than three-fourths inch (T6); and

�� (G) Is designed to be operated at a voltage between 110 volts and 200 volts or is designed to be operated at a voltage between 235 volts and 300 volts.

�� (b) �High light output double-ended quartz halogen lamp� does not mean a lamp that is:

�� (A) A tubular quartz infrared heat lamp; or

�� (B) Marked and marketed as a stage and studio lamp with a rated life of 500 hours or less.

�� (28) �Inductive charger system� means a small battery charger system that transfers power to the charger through magnetic or electric induction.

�� (29) �Kitchen faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (30) �Kitchen replacement aerator� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (31)(a) �Large battery charger system� means a battery charger system with a rated input power of more than two kilowatts.

�� (b) �Large battery charger system� does not mean a battery charger system for golf carts.

�� (32) �Lavatory faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (33) �Lavatory replacement aerator� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (34) �Multiport charger� means a battery charger that is capable of simultaneously charging two or more batteries and that may have multivoltage capability, allowing two or more batteries of different voltages to charge simultaneously.

�� (35) �No battery mode� means the mode of operation in which a battery charger is connected to the main electricity supply and the battery is not connected to the charger.

�� (36) �Plumbing fitting� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (37) �Portable electric spa� has the meaning given that term by the director by rule.

�� (38) �Public lavatory faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (39) �Power conversion efficiency� means the instantaneous DC output power of the battery charger system divided by the simultaneous utility AC input power.

�� (40) �Pressure regulator� means a device that maintains constant operating pressure immediately downstream from the device, given higher pressure upstream.

�� (41) �Residential ventilating fan� has the meaning given that term by the director by rule.

�� (42) �Selected input mode� means the input port selected that the television uses as a source to produce a visible or audible output and that is required for televisions with multiple possible inputs, including coaxial, composite, S-Video, HDMI and component connectors.

�� (43) �Showerhead� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (44) �Small battery charger system� means:

�� (a) A battery charger system with a rated input power of two kilowatts or less.

�� (b) A golf cart battery charger system, regardless of input power or battery capacity.

�� (45) �Spray sprinkler body� means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice.

�� (46)(a) �Television� means an analog or digital device, including a combination television, a television monitor, a component television and any unit marketed as a television, designed for the display and reception of a terrestrial, satellite, cable or Internet protocol or other broadcast or recorded transmission of analog or digital video or audio signals.

�� (b) �Television� does not mean a computer monitor.

�� (47) �Television monitor� means a television that does not have an internal tuner, receiver or playback device.

�� (48) �Television standby-passive mode� means the mode of operation in which the television is connected to a power source, produces neither sound nor picture but can be switched into another mode with the remote control unit or via an internal signal.

�� (49) �USB charger system� means a small battery charger system that uses a universal serial bus (USB) connector as the only power source to charge the battery, and is packaged with an external power supply rated with a voltage output of five volts and a power output of 15 watts or less. [2005 c.437 �1; 2007 c.375 �1; 2007 c.649 �1; 2013 c.418 ��1,2; 2017 c.295 �1; 2021 c.108 �1; 2022 c.4 �1]

�� Note: 469.229 to 469.261 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.230 [1989 c.926 �3; repealed by 1999 c.880 �2]

�� 469.232 [1989 c.926 ��4,10; 1993 c.617 �2; 1997 c.249 �165; 1997 c.632 �9; repealed by 1999 c.880 �2]

�� 469.233 Energy efficiency standards. The following minimum energy efficiency standards for new products are established:

�� (1) Bottle-type water dispensers or water coolers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Water Coolers, Version 2.0,� must have an �on mode with no water draw� energy consumption less than or equal to the following values as measured in accordance with the test requirements of that specification:

�� (a) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;

�� (b) 0.87 kilowatt-hours per day for storage type hot and cold units; and

�� (c) 0.18 kilowatt-hours per day for on demand hot and cold units.

�� (2) Commercial hot food holding cabinets shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume, as determined by the �Idle Energy Rate-dry Test� in ASTM F2140-01, �Standard Test Method for Performance of Hot Food Holding Cabinets� published by ASTM International. Interior volume shall be measured in accordance with the method shown in the United States Environmental Protection Agency�s �Energy Star Program Requirements for Commercial Hot Food Holding Cabinets,� as in effect on August 15, 2003.

�� (3) Compact audio products may not use more than two watts in standby passive mode for those without a permanently illuminated clock display and four watts in standby passive mode for those with a permanently illuminated clock display, as measured in accordance with International Electrotechnical Commission (IEC) test method 62087:2002(E), �Methods of Measurement for the Power Consumption of Audio, Video, and Related Equipment.�

�� (4) Digital versatile disc players and digital versatile disc recorders may not use more than three watts in standby passive mode, as measured in accordance with International Electrotechnical Commission (IEC) test method 62087:2002(E), �Methods of Measurement for the Power Consumption of Audio, Video, and Related Equipment.�

�� (5) Portable electric spas manufactured on or after January 1, 2022, must meet the requirements of the American National Standards Institute�s �American National Standard for Portable Electric Spa Energy Efficiency (ANSI/APSP/ICC-14 2019).�

�� (6) A television manufactured on or after January 1, 2014, must automatically enter television standby-passive mode after a maximum of 15 minutes without video or audio input on the selected input mode. A television must enter television standby-passive mode when turned off with the remote control unit or via an internal signal. The peak luminance of a television in home mode, or in the default mode as shipped, may not be less than 65 percent of the peak luminance of the retail mode or the brightest selectable preset mode of the television. A television must meet the standards in the following table:

�� Television Standby-�� Maximum On Mode�� Minimum

�� Viewable�� passive Mode�� Power Usage (P in�� Power

�� Screen�� Power Usage�� Watts, A is Viewable�� Factor for

�� Area�� (Watts)�� Screen area)�� (P ≥ 100W)

�� < 1400 sq. in�� 1 W�� P ≤ 0.12 x A + 25�� 0.9

�� ≥ 1400 sq. in�� 3 W�� NA�� NA

�� (7)(a) Large battery charger systems manufactured on or after January 1, 2014, must meet the minimum efficiencies in the following table:

Standards for Large Battery Charger Systems

Performance�� Standard

Parameter

Charge Return

Factor�� 100 percent�� Crf ≤ 1.10

�� Depth of Discharge

�� 80 percent�� Crf ≤ 1.10

�� Depth of Discharge

�� 40 percent�� Crf ≤ 1.15

�� Depth of Discharge

Power Conversion

Efficiency�� ≥ 89 percent

Power Factor�� ≥ 0.90

Battery Maintenance

Mode Power�� ≤ 10

+0.0012Eb W

(Eb = battery

capacity of

tested battery)

No Battery

Mode Power�� ≤ 10 W

�� (b)(A) As described in subparagraph (B) of this paragraph, inductive charger systems and small battery charger systems must meet the minimum energy efficiency standards in the following table:

Standards for Inductive and Small Battery Charger Systems

Performance�� Standard

Parameter

Maximum 24-hour�� For Eb of 2.5 Wh or less: 16 x N

charge and

maintenance�� For Eb > 2.5 Wh and

energy (Wh)�� ≤ 100 Wh: 12 x N+1.6Eb

(Eb = capacity

of all batteries in�� For Eb :GREATNB. 100 Wh and

ports and N =�� ≤ 1000 Wh: 22 x N+1.5Eb

number of charger

ports)� �� For Eb > 1000 Wh:

�� 36.4 x N + 1.486Eb

Battery Maintenance�� The sum of battery maintenance mode power and no

Mode Power and No�� battery mode power must be less than or equal to:

Battery Mode Power (W)�� 1 x N+0.0021xEb

Power Factor (Eb = capacity

of all batteries in ports and

N = number of charger ports)

�� (B) The requirements in subparagraph (A) of this paragraph must be met by:

�� (i) Small battery charger systems for sale at retail that are not USB charger systems with a battery capacity of 20 watt-hours or more and that are manufactured on or after January 1, 2014.

�� (ii) Small battery charger systems for sale at retail that are USB charger systems with a battery capacity of 20 watt-hours or more and that are manufactured on or after January 1, 2014.

�� (iii) Small battery charger systems that are not sold at retail that are manufactured on or after January 1, 2017.

�� (iv) Inductive charger systems manufactured on or after January 1, 2014, unless the inductive charger system uses less than one watt in battery maintenance mode, less than one watt in no battery mode and an average of one watt or less over the duration of the charge and battery maintenance mode test.

�� (v) Battery backups and uninterruptible power supplies, manufactured on or after January 1, 2014, for small battery charger systems for sale at retail, which may not consume more than 0.8+ (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours.

�� (vi) Battery backups and uninterruptible power supplies, manufactured on or after January 1, 2017, for small battery charger systems not sold at retail, which may not consume more than 0.8+ (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours.

�� (C) The requirements in subparagraph (A) of this paragraph do not need to be met by an � la carte charger that is:

�� (i) Provided separately from and subsequent to the sale of a small battery charger system described in this paragraph;

�� (ii) Necessary as a replacement for, or as a replacement component of, a small battery charger system; and

�� (iii) Provided by a manufacturer directly to a consumer or to a service or repair facility.

�� (8) A high light output double-ended quartz halogen lamp manufactured on or after January 1, 2016, must have a minimum efficiency of:

�� (a) 27 lumens per watt for lamps with a minimum rated initial lumen value of greater than 6,000 lumens and a maximum initial lumen value of 15,000 lumens; or

�� (b) 34 lumens per watt for lamps with a rated initial lumen value of greater than 15,000 and less than 40,000 lumens.

�� (9) High CRI fluorescent lamps manufactured on or after January 1, 2023, must meet or exceed the lamp efficacy standards contained in 10 C.F.R. 430.32(n)(4), as in effect on January 1, 2020.

�� (10) Computers and computer monitors manufactured on or after January 1, 2022, must meet the requirements contained in the California Code of Regulations, Title 20, section 1605.3(v), as adopted on May 10, 2017, and amended on November 8, 2017.

�� (11) The following plumbing fittings manufactured on or after January 1, 2022, must meet the requirements in the California Code of Regulations, Title 20, section 1605.3(h), as in effect on January 1, 2020:

�� (a) Lavatory faucets and lavatory replacement aerators;

�� (b) Kitchen faucets and kitchen replacement aerators;

�� (c) Public lavatory faucets; and

�� (d) Showerheads.

�� (12) Commercial fryers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Commercial Fryers, Version 2.0,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (13) Commercial dishwashers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Commercial Dishwashers, Version 2.0,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (14) Commercial steam cookers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (15) Residential ventilating fans manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Residential Ventilating Fans, Version 3.2,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (16)(a) Electric storage water heaters manufactured on or after January 1, 2022, must have a modular demand response communications port compliant with:

�� (A) The March 2018 version of the ANSI/CTA-2045-A communication interface standard or a standard determined by the Director of the State Department of Energy to be equivalent; and

�� (B) The March 2018 version of the ANSI/CTA-2045-A application layer requirements.

�� (b) A request that the director determine that a communication interface standard is equivalent to the March 2018 version of the ANSI/CTA-2045-A communication interface standard under paragraph (a)(A) of this subsection must be made in the manner prescribed by the director by rule.

�� (17) Spray sprinkler bodies manufactured on or after January 1, 2023, and included in the scope of the United States Environmental Protection Agency�s �WaterSense Specification for Spray Sprinkler Bodies, Version 1.0,� must include an integral pressure regulator and meet the water efficiency and performance criteria and other requirements of that specification. [2005 c.437 �5; 2007 c.375 ��2,3; 2007 c.649 �2; 2013 c.418 ��3,4; 2015 c.276 ��1,2; 2021 c.108 �2; 2022 c.4 �2]

�� Note: See note under 469.229.

�� 469.234 [1989 c.926 ��5,9; 1993 c.617 �4; repealed by 1999 c.880 �2]

�� 469.235 [2007 c.375 �4; repealed by 2021 c.108 �7]

�� 469.236 [1989 c.926 �6; repealed by 1999 c.880 �2]

�� 469.238 Sale of products not meeting standards prohibited; exemptions. (1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, television, inductive charger system, large battery charger system, small battery charger system, high light output double-ended quartz halogen lamp, high color-rendering index fluorescent lamp, computer, computer monitor, lavatory faucet, kitchen faucet, public lavatory faucet, lavatory replacement aerator, kitchen replacement aerator, showerhead, commercial fryer, commercial steam cooker, commercial dishwasher, residential ventilation fan, electric storage water heater or spray sprinkler body unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

�� (2) A person may sell or offer for sale a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

�� (a) Manufactured in this state and sold outside this state;

�� (b) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state;

�� (c) Installed in a mobile or manufactured home at the time of construction; or

�� (d) Designed expressly for installation and use in recreational vehicles. [2005 c.437 ��2,3,4; 2007 c.649 �3; 2013 c.418 ��5,6; 2021 c.108 �3; 2022 c.4 �3]

�� Note: See note under 469.229.

�� 469.239 Installation of products not meeting standards prohibited; exemptions. (1) Except as provided in subsection (2) of this section, a person may not install a new bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, television, inductive charger system, large battery charger system, small battery charger system, high light output double-ended quartz halogen lamp, high color-rendering index fluorescent lamp, computer, computer monitor, commercial fryer, commercial steam cooker, commercial dishwasher, residential ventilation fan or spray sprinkler body for compensation unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

�� (2) A person may install a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

�� (a) Installed in a mobile or manufactured home at the time of construction; or

�� (b) Designed expressly for installation and use in recreational vehicles. [2005 c.437 �6; 2005 c.437 �7; 2007 c.649 �4; 2013 c.418 ��7,8; 2021 c.108 �4; 2022 c.4 �4]

�� Note: See note under 469.229.

�� 469.240 [1989 c.926 ��11,12; repealed by 1999 c.880 �2]

�� 469.241 [1993 c.617 �22; repealed by 1999 c.880 �2]

�� 469.242 [1993 c.617 �20; repealed by 1999 c.880 �2]

�� 469.243 [1993 c.617 �21; repealed by 1999 c.880 �2]

�� 469.244 [1989 c.926 ��16,25; repealed by 1993 c.617 �28]

�� 469.245 [1993 c.617 �19; repealed by 1999 c.880 �2]

�� 469.246 [1989 c.926 ��13,18; 1991 c.67 �135; 1993 c.617 �5; repealed by 1999 c.880 �2]

�� 469.247 [1993 c.617 �16; repealed by 1999 c.880 �2]

�� 469.248 [1989 c.926 �39; 1991 c.67 �136; 1993 c.617 �6; repealed by 1999 c.880 �2]

�� 469.249 [1993 c.617 �18; repealed by 1999 c.880 �2]

�� 469.250 [1989 c.926 ��7,8; 1991 c.67 �137; repealed by 1999 c.880 �2]

�� 469.252 [1989 c.926 ��14,15; repealed by 1993 c.617 �28]

�� 469.253 [1993 c.617 �17; repealed by 1999 c.880 �2]

�� 469.254 [1989 c.926 �19; 1993 c.617 �7; 1997 c.838 �6; repealed by 1999 c.880 �2]

�� 469.255 Manufacturers to test products; test methods; certification of products; rules. (1) A manufacturer of a product specified in ORS 469.238 that is sold or offered for sale, or installed or offered for installation, in this state shall test samples of the manufacturer�s products in accordance with the test methods specified in ORS 469.233 or, if more stringent, those specified in the state building code.

�� (2) If the test methods for products required to be tested under this section are not provided for in ORS 469.233 or in the state building code, the State Department of Energy shall adopt test methods for these products. The department shall use test methods approved by the United States Department of Energy or, in the absence of federal test methods, other appropriate nationally recognized test methods for guidance in adopting test methods. The State Department of Energy may periodically review and revise its test methods.

�� (3) A manufacturer of a product regulated pursuant to ORS 469.229 to 469.261 shall certify to the State Department of Energy that the products are in compliance with the minimum energy efficiency standards specified in ORS 469.233. The department shall establish rules governing the certification of these products and may coordinate with the certification and testing programs of other states and federal agencies with similar standards.

�� (4)(a) The department shall establish rules governing the identification of the products that comply with the minimum energy efficiency standards specified in ORS

ORS 469B.400

469B.400 in 2011]

�� 469.790 [2007 c.739 �5; 2011 c.730 �3; renumbered 469B.403 in 2011]

�� 469.800 [1981 c.49 �1; renumbered 469.803 in 1999]

PACIFIC NORTHWEST ELECTRIC POWER AND CONSERVATION PLANNING COUNCIL

�� 469.802 Definition for ORS 469.802 to 469.845. As used in ORS 469.802 to 469.845, �council� means the Pacific Northwest Electric Power and Conservation Planning Council. [1999 c.59 �141]

�� 469.803 Oregon participation in Pacific Northwest Electric Power and Conservation Planning Council. The State of Oregon agrees to participate in the formation of the Pacific Northwest Electric Power and Conservation Planning Council pursuant to the Pacific Northwest Electric Power Planning and Conservation Act of 1980, Public Law 96-501. Participation of the State of Oregon in the council is essential to assure adequate representation for the citizens of Oregon in decision making to achieve cost-effective energy conservation, to encourage the development of renewable energy resources, to establish a representative regional power planning process, to assure the Pacific Northwest region of an efficient and adequate power supply and to fulfill the other purposes stated in section 2 of Public Law 96-501. [Formerly 469.800]

�� 469.805 State members of council; confirmation; qualifications. (1) The Governor, subject to Senate confirmation pursuant to section 4, Article III of the Oregon Constitution, shall appoint two persons to serve as members of the Pacific Northwest Electric Power and Conservation Planning Council for terms of three years.

�� (2) In making the appointments under subsection (1) of this section, the Governor shall consider but is not limited to:

�� (a) Prior experience, training and education as related to the duties and functions of the council and the priorities contained in section 4 of Public Law 96-501.

�� (b) General knowledge of the concerns, conditions and problems of the physical, social and economic environment of the State of Oregon.

�� (c) The need for diversity of experience and education related to the functions and duties of the council and priorities of Public Law 96-501.

�� (3) Of the persons appointed under subsection (1) of this section, not more than one member of the Oregon delegation to the council shall reside within the boundary of an area that includes the First and Third Congressional Districts of this state and the Portland, Oregon, Metropolitan Statistical Area. [1981 c.49 �2; 1995 c.156 �1; 1997 c.249 �168; 2009 c.11 �69; 2013 c.1 �71]

�� 469.810 Conflicts of interest prohibited. (1) A Pacific Northwest Electric Power and Conservation Planning Council member or member of the council member�s household may not own or have any beneficial interest in any stock or indebtedness of any utility or direct service industry.

�� (2) A council member or a member of the council member�s household may not be a director, officer, agent or employee of any utility or direct service industry.

�� (3) A council member or a member of the council member�s household may not be a director, officer, agent or employee of or hold any proprietary interest in any consulting firm that does business with any utility or direct service industry.

�� (4) A council member or a member of the council member�s household may not receive any compensation from any utility or direct service industry arising out of the member�s business, trade or profession.

�� (5) A council member is a public official subject to the provisions and reporting requirements of ORS chapter 244.

�� (6) A council member must be a citizen of the United States and must have resided in the State of Oregon for at least one year preceding appointment.

�� (7) A council member may not hold any other elected or appointed lucrative public office or be principally engaged in any other business or vocation.

�� (8) As used in this section:

�� (a) �Beneficial interest� does not include an interest in a pension fund, a mutual fund or an insurance fund.

�� (b) �Consulting firm� means any corporation, partnership or sole proprietorship whose principal business is providing personal services.

�� (c) �Member of the household� means any relative who resides with the council member.

�� (d) �Relative� means the spouse of the council member, any children of the council member or of the council member�s spouse, and brothers, sisters or parents of the council member or of the council member�s spouse.

�� (e) �Utility or direct service industry� means a utility or direct service industry customer that purchases electrical energy directly from the Bonneville Power Administration. [1981 c.49 �3; 1987 c.566 �23; 2007 c.865 �38]

�� 469.815 Status of members; duties; attendance at public meetings; technical assistance. (1) Persons appointed by the Governor and confirmed by the Senate to serve as Pacific Northwest Electric Power and Conservation Planning Council members shall be considered to be full-time state public officials. Council members shall perform the duties of members of the council as specified in Public Law 96-501, consistently with the priorities contained in section 4 thereof and as otherwise provided in state law.

�� (2) If public meetings are held in the State of Oregon, pursuant to section 4(g)(1) of Public Law 96-501, council members must either attend the meeting or otherwise become familiar with the nature and content of the meeting.

�� (3) A council member may request, and state agencies shall provide, technical assistance to assist the council member in performing the council member�s duties. [1981 c.49 �4]

�� 469.820 Term; reappointment; vacancy. (1) Each Pacific Northwest Electric Power and Conservation Planning Council member shall serve a term ending January 15 of the third year following appointment. A council member, except upon removal as provided in ORS 469.830 (2), continues to serve as a member of the council until a successor is appointed and confirmed.

�� (2) A council member is eligible for reappointment, subject to Senate confirmation, but no member shall serve more than three consecutive terms. A council member who serves 18 months or more of a term shall be considered to have served a full term. However, with respect to the initial term consisting of two years, a council member who serves 12 months or more shall be considered to have served a full term.

�� (3) Within 30 days of the creation of a vacancy in the position of a council member, the Governor shall appoint a person to serve the succeeding term or the remainder of the unexpired term. However, the Governor need not appoint a person to serve the remainder of the unexpired term if the vacancy occurs within 30 days or less of the expiration of the term. [1981 c.49 �5]

�� 469.825 Prohibited activities of members. (1) A person who has been a Pacific Northwest Electric Power and Conservation Planning Council member shall not engage in any of the activities prohibited by ORS 469.810 (2) and (3), within one year after ceasing to be a council member.

�� (2) A person who has been a council member shall not appear as a representative of any party on any matter before the council within three years after ceasing to be a council member.

�� (3) A person who has been a council member shall not represent, aid, counsel, consult or advise for financial gain any person on any matter before the council within three years after ceasing to be a council member.

�� (4) A person who has been a council member shall not appear for financial gain as a representative of or aid, counsel or advise any party before the council or the Bonneville Power Administration or communicate with the council or the Bonneville Power Administration with the intent to influence the outcome of any decision on any matter in which the council member was substantially and personally involved while on the council.

�� (5) Notwithstanding the status of council members as state officers, the provisions of 18 U.S.C. 207 relating to post-employment activities shall be considered to be state law in so far as they do not conflict therewith, applicable to council members appointed pursuant to ORS 469.802 to 469.845 and 469.990 (3), regardless of the salary paid to the council members.

�� (6) Subsections (2) to (5) of this section shall not apply to any appearance, attendance, communication or other action on behalf of the State of Oregon; nor shall subsections (2) to (5) of this section apply to an appearance or communication made in response to a subpoena. [1981 c.49 �6]

�� 469.830 Removal of members; grounds; procedure. (1) Pacific Northwest Electric Power and Conservation Planning Council members shall serve at the pleasure of the Governor, except as provided in subsection (2) of this section.

�� (2) The Governor shall remove a council member for the following causes:

�� (a) Failure to attend three consecutive council meetings except for good cause.

�� (b) Conviction of a felony.

�� (c) Violation of ORS chapter 244.

�� (d) Violation of ORS 469.810.

�� (3) Before removal of a council member by the Governor, the council member shall be given a written statement of the reasons for removal and, upon request by the member, an opportunity to be heard publicly on such reasons before the Governor. A copy of the statement of reasons and a transcript of the record of the hearing shall be filed with the Secretary of State. [1981 c.49 �7]

�� 469.835 Salary of members; staff. (1) Each Pacific Northwest Electric Power and Conservation Planning Council member shall receive a salary not to exceed the salary of a member of the Public Utility Commission, or the maximum salary authorized under section 4(a)(3) of Public Law 96-501.

�� (2) Each council member is entitled to appoint one secretarial staff assistant who shall be in the unclassified service. [1981 c.49 �8; 1989 c.171 �64]

�� 469.840 Northwest Regional Power and Conservation Account; uses. (1) There is established a Northwest Regional Power and Conservation Account. Moneys received pursuant to Public Law 96-501 shall be placed in the account.

�� (2) The account created by subsection (1) of this section is continuously appropriated for disbursement to state agencies, including but not limited to the Public Utility Commission, the State Department of Energy, the State Department of Fish and Wildlife and the Water Resources Department to carry out the purposes of Public Law 96-501, subject to legislative approval or limitation by law or Emergency Board action. [1981 c.49 �9; 1987 c.158 �99; 2003 c.186 �48]

�� 469.845 Annual report to Governor and legislature. Pacific Northwest Electric Power and Conservation Planning Council members shall prepare a report which shall be presented to the Governor and to the President of the Senate and the Speaker of the House of Representatives of the Legislative Assembly on October 1 of each year. The report shall include a review of the council�s actions during the prior year. [1981 c.49 �10]

COMMERCIAL ENERGY CONSERVATION SERVICES PROGRAM

�� 469.860 Definitions for ORS 469.860 to 469.900. (1) As used in ORS 469.865 to 469.875, 469.900 (1) and (2) and subsection (2) of this section:

�� (a) �Commercial building� means a public building as defined in ORS 455.560.

�� (b) �Commission� means the Public Utility Commission.

�� (c) �Conservation services� means providing energy audits or technical assistance for energy conservation measures as part of a program approved under ORS 469.860 to

ORS 470.300

470.300 (1), the Director of the State Department of Energy may request the funds necessary for such payments from the Legislative Assembly or the Emergency Board.

�� (2) When the director determines that moneys in sufficient amount are available in the sinking fund, the State Treasurer shall reimburse the General Fund without interest, in an amount equal to the amount allocated by the Legislative Assembly or the Emergency Board pursuant to subsection (1) of this section. The moneys used to reimburse the General Fund under this subsection shall not be considered a budget item on which a limitation is otherwise fixed by law, but shall be in addition to any specific appropriations or amounts authorized to be expended from continually appropriated moneys. [1979 c.672 �28; 2003 c.186 �74; 2009 c.753 �73]

ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM

(Loan Program Administration)

�� 470.500 Goals. (1) The Director of the State Department of Energy shall administer the energy efficiency and sustainable technology loan program for the purpose of providing financing, promotion and technical support to encourage significant investments in energy efficiency, renewable energy and energy conservation.

�� (2) The goals of the loan program are to:

�� (a) Provide capital at the lowest possible cost for the purpose of supporting energy efficiency and conservation and renewable energy projects for residential and commercial structures;

�� (b) Expand, and to simplify taking advantage of, opportunities for small scale local energy project financing;

�� (c) Leverage multiple sources of public and private capital through a unified and strategic funding mechanism;

�� (d) Provide technical and financing information to the public and to businesses;

�� (e) Foster energy savings;

�� (f) Stimulate job growth; and

�� (g) Help substantially reduce carbon emissions. [2009 c.753 �2]

�� 470.505 Delay or suspension of program. Notwithstanding any other provision of this chapter, if the Director of the State Department of Energy determines that the State Department of Energy is unable to issue a sufficient number of energy efficiency and sustainable technology loans to offset the reasonable cost to the department of operating the loan program, the director may delay or suspend the energy efficiency and sustainable technology loan program in one or more utility service territories or may delay or suspend any feature of the energy efficiency and sustainable technology loan program. [2009 c.753 �2a; 2013 c.8 �14]

�� 470.510 State Department of Energy may enter contracts for loan issuance; financing of loans; consent of utility. (1) Except as provided in subsection (3) of this section, the State Department of Energy may enter into contracts for the issuance of energy efficiency and sustainable technology loans. Except as provided in ORS 470.700, the department shall finance the loans using moneys from the Small Scale Local Energy Project Loan Fund, the Energy Project Supplemental Fund or the Energy Project Bond Loan Fund, or from a combination of those funds.

�� (2) The sustainable energy project manager may enter into agreements with trade associations and other public and private entities for the promotion or marketing of the energy efficiency and sustainable technology loan program.

�� (3) The department must obtain the consent of the utility before operating an energy efficiency and sustainable technology loan program within the service territory of:

�� (a) An investor-owned electric utility that serves fewer than 20,000 customers; or

�� (b) An investor-owned gas utility that is actively administering an energy conservation program established:

�� (A) On or before January 1, 2009; and

�� (B) Without assistance from a nongovernmental entity that receives public purpose charge moneys under ORS 757.612. [2009 c.753 �3]

�� 470.515 Rules. The Public Utility Commission may adopt rules for carrying out the duties, functions and powers of the commission and the Public Purpose Fund Administrator under ORS 470.500 to 470.710. [2009 c.753 �4]

�� 470.520 State Department of Energy may contract for performance of duties. The State Department of Energy may contract for persons to perform the duties of the department under ORS 470.500 to 470.710 including, but not limited to, the development of standardized base efficiency packages and standardized optional packages, energy efficiency and sustainable technology loan evaluation, processing and collection. A loan processed by a person contracting with the department, other than a loan processed by a sustainable energy project manager, must include the department as a party to the loan. [2009 c.753 �5]

�� 470.525 Quarterly report. (1) The State Department of Energy shall send a quarterly report to the Small Scale Local Energy Project Advisory Committee. The report shall include, but need not be limited to, a summary of:

�� (a) The total amount of energy efficiency and sustainable technology loans issued;

�� (b) The types of projects being funded by the loans; and

�� (c) The characteristics of loan recipients.

�� (2) The committee shall review the report to determine whether the goals of the loan program are being implemented and whether applicable rules and statutory standards are met. The committee may send comments regarding the report to the Director of the State Department of Energy. [2009 c.753 �6]

(Project Managers)

�� 470.530 Qualifications; duties; certification program. (1) Except as provided in subsection (5) of this section, the Director of the State Department of Energy may establish qualifications for sustainable energy project managers and may exercise oversight to ensure compliance with those qualifications. A sustainable energy project manager shall provide the promotion, technical and financial support and verifications necessary to administer an energy efficiency and sustainable technology loan.

�� (2) A sustainable energy project manager may administer an energy efficiency and sustainable technology loan only within a utility service territory of an investor-owned or consumer-owned utility that provides electricity or gas services.

�� (3) A sustainable energy project manager shall serve the utility service territory for which the sustainable energy project manager has been selected by the director. The sustainable energy project manager shall provide loan program information and technical and financial information to promote energy efficiency and use of renewable energy at the neighborhood and community levels. The sustainable energy project manager shall be responsible for small scale local energy project verification and for monitoring program effectiveness for energy efficiency and sustainable technology loans and small scale local energy program loans. The sustainable energy project manager may administer the energy efficiency and sustainable technology loan program within the utility service territory.

�� (4) A city, county, metropolitan service district or other local government entity, or a nonprofit, for-profit, tribal or state entity, may be a sustainable energy project manager if the entity meets the qualifications established by the director under this section and is approved by the director to provide promotion, outreach and customer support related to the energy efficiency and sustainable technology loan program within a utility service territory. The Public Purpose Fund Administrator is an ex officio sustainable energy project manager. The Public Purpose Fund Administrator shall act as the sustainable energy project manager in any utility service territory that is not served by another sustainable energy project manager.

�� (5) The director shall establish a sustainable energy project manager certification program. However, the Public Purpose Fund Administrator or a consumer-owned utility is not required to obtain a sustainable energy project manager certificate and the Public Purpose Fund Administrator is not subject to any qualifications established by the director for a sustainable energy project manager. [2009 c.753 �7; 2010 c.92 �8; 2013 c.8 �5]

�� 470.535 Applications for certification as project manager; selection factors. (1) The Director of the State Department of Energy shall initiate the certification process for a sustainable energy project manager by publishing a request for proposals.

�� (2) An applicant for certification as a sustainable energy project manager shall submit information to the director that includes:

�� (a) Background information about the applicant including, but not limited to, the qualifications, relevant experience, financial status and staff of the applicant;

�� (b) A proposed plan for implementing and administering the goals and requirements of the energy efficiency and sustainable technology loan program in the utility service territory; and

�� (c) Any additional information required by the director by rule.

�� (3) After reviewing all applications received, the director may select a sustainable energy project manager. In selecting the sustainable energy project manager, the director shall consider the following factors:

�� (a) The organizational experience of the applicant and the capacity of the applicant to successfully implement the energy efficiency and sustainable technology loan program goals and requirements.

�� (b) The strength of the applicant�s proposed plan for implementing the goals and requirements of the energy efficiency and sustainable technology loan program.

�� (c) The cost at which the applicant can conduct outreach, promotion, loan applicant support and project verification services necessary to implement the energy efficiency and sustainable technology loan program.

�� (d) Any other factors the director adopts by rule or directive.

�� (4) An applicant may not be certified as a sustainable energy project manager if the applicant has a fiduciary or other obligation that creates an actual or apparent conflict of interest that may interfere with achieving the goals of the energy efficiency and sustainable technology loan program. [2009 c.753 �8; 2013 c.8 �6]

�� 470.540 State Department of Energy to notify unsuccessful applicants; time- table for certification of project manager. (1) Upon selecting a proposed sustainable energy project manager, the Director of the State Department of Energy shall notify all unsuccessful applicants for the position that another candidate is proposed for appointment. The director shall negotiate with the proposed sustainable energy project manager regarding any modifications to the service cost estimates or other features of the applicant�s proposed plan that are necessary to ensure that the applicant will meet the goals and requirements of the energy efficiency and sustainable technology loan program and State Department of Energy rules.

�� (2) To the extent practicable, the director shall certify a sustainable energy project manager not later than four months after publication of the request for proposals and not later than two months after the selection of the proposed sustainable energy project manager. However, the director may at any time select a different applicant as the proposed sustainable energy project manager or may reinitiate the certification process.

�� (3) Upon deciding to certify the proposed sustainable energy project manager, the director shall give notice of the decision to all unsuccessful candidates, the public and the Small Scale Local Energy Project Advisory Committee. The director may approve the final certification of the sustainable energy project manager if:

�� (a) A request to appeal under ORS 470.545 is not filed within 15 days after the date the notice is sent; and

�� (b) The committee does not undertake a review of the proposed certification within 15 days after the date the notice is sent. [2009 c.753 �9; 2013 c.8 �15]

�� 470.545 Appeal of certification decision; fee. (1) A person that believes a decision of the Director of the State Department of Energy to certify a sustainable energy project manager is inconsistent with applicable rules or statutes may file a request to appeal with the Small Scale Local Energy Project Advisory Committee. Unless the request for appeal is filed by a nonprofit entity, the request must be accompanied by a $2,000 appeal fee. The fee shall be waived for a nonprofit entity. The committee may initiate a review on its own motion.

�� (2) A majority of the committee may authorize the presiding officer of the committee to appeal the certification decision to the Governor. The presiding officer may initiate an appeal to the Governor no later than 30 days after receiving a request for appeal or 15 days after the committee initiates a review on its own motion.

�� (3) The decision of the Governor is final. If the Governor does not act within 30 days after receiving the appeal from the presiding officer of the committee, the appeal is denied. [2009 c.753 �10]

�� 470.550 Term of certification of project manager; certification approval letter; conditions for termination of certification. (1) Unless the sustainable energy project manager is the Public Purpose Fund Administrator or a consumer-owned utility, the certification of a sustainable energy project manager shall be for a five-year term. The Director of the State Department of Energy shall issue the sustainable energy project manager a certification approval letter that states any conditions applicable to the certification.

�� (2) The director may terminate the certification of a sustainable energy project manager for:

�� (a) Failure to adequately implement an applicable plan for implementing the energy efficiency and sustainable technology loan program;

�� (b) Noncompliance with the regulatory or statutory requirements of the energy efficiency and sustainable technology loan program;

�� (c) Failure to meet any sustainable energy project manager criteria established by the director; or

�� (d) Failure to perform other certification conditions. [2009 c.753 �11; 2013 c.8 �16]

�� 470.555 Project managers; contract with qualified third parties; coordination. (1) The Public Purpose Fund Administrator shall be the sustainable energy project manager for investor-owned electric utilities. The Public Purpose Fund Administrator shall inform the Public Utility Commission and the State Department of Energy of the activities of the administrator by filing a yearly action plan and an end-of-year report with the commission and the department.

�� (2) An investor-owned gas utility may act as a sustainable energy project manager for the utility service territory serviced by the utility or may contract with the Public Purpose Fund Administrator to act as the sustainable energy project manager on behalf of the utility.

�� (3) A consumer-owned utility shall be the sustainable energy project manager for the utility service territory serviced by the utility if the utility agrees to promote energy efficiency and sustainable technology loans as part of an energy efficiency or renewable energy program offered by the utility. A consumer-owned utility may conduct energy efficiency and renewable energy programs within the utility service territory of the utility regardless of whether the utility service territory is served by an energy efficiency and sustainable technology loan program. A consumer-owned utility may decline to participate in the energy efficiency and sustainable technology loan program.

�� (4) If a customer is served by both a gas utility and an electric utility that have energy efficiency and sustainable technology loan programs, the utility that supplies the customer�s primary source of heat for the property shall supply loan program services for that customer.

�� (5) The existence of an energy efficiency and sustainable technology loan program, or the appointment of a sustainable energy project manager, in a utility service territory does not prevent a consumer-owned utility from conducting an energy efficiency or renewable energy program offered by the utility. If the consumer-owned utility declines to serve as a sustainable energy project manager for the utility service territory, the utility may:

�� (a) Continue with existing utility services and policies; or

�� (b) Work with the Director of the State Department of Energy to solicit and select a qualified entity to serve as the sustainable energy project manager as described in ORS

ORS 470.535

470.535 and 470.540.

�� (6) Subject to approval by the director, a sustainable energy project manager may contract with a qualified third party to assist the sustainable energy project manager in serving a utility service territory. If a utility service territory is served by a sustainable energy project manager, the appointment of additional sustainable energy project managers may be made only by entering into a subcontract approved by the existing sustainable energy project manager. If the third party is acting as a financier, the third party is not required to comply with laws regulating utilities based on the actions of the third party as a financier. The sustainable energy project manager may enter into agreements with trade associations and other public and private entities for the promotion or marketing of the energy efficiency and sustainable technology loan program.

�� (7) The Public Purpose Fund Administrator and sustainable energy project managers shall cooperate with, and coordinate their outreach and promotional efforts with, local utilities and other stakeholders to promote energy efficiency and renewable energy and to use the customer contacts, resources and capacity of the utilities to engage and inform utility customers about the energy efficiency and sustainable technology loan program. The Public Purpose Fund Administrator and sustainable energy project managers shall coordinate with gas utilities regarding any changes to a gas pipeline and with electric utilities regarding electric charging or any changes to electrical connections that are external to a structure. The Public Purpose Fund Administrator and sustainable energy project managers shall coordinate with a gas utility regarding the installation of appliances used for space heating, water heating and compressed natural gas refueling. [2009 c.753 �12; 2013 c.8 �7]

(Primary Contractors)

�� 470.560 Rules; certification standards; provision for preferred service providers. (1) The State Department of Energy shall adopt rules establishing certification standards for primary contractors participating in the construction of small scale local energy projects financed through the energy efficiency and sustainable technology loan program. The department shall design the standards to ensure that the project work performed by a primary contractor holding the certification and all the primary contractor�s subcontractors is of high quality and will result in a high degree of customer satisfaction.

�� (2) The certification standards established by the department must, at a minimum, require that the primary contractor:

�� (a) Prove that the primary contractor and the primary contractor�s subcontractors have sufficient skill to successfully install energy efficiency, renewable energy or weatherization projects.

�� (b) Not be a contractor listed by the Commissioner of the Bureau of Labor and Industries under ORS 279C.860 as ineligible to receive a contract or subcontract for public works.

�� (c) Be an equal opportunity employer or small business or be a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business, as those terms are defined in ORS

ORS 470.650

470.650, an applicant for an energy efficiency and sustainable technology loan approved by the State Department of Energy shall pay the department a project initiation fee. Upon request of the loan applicant, the department may add all or part of a project initiation fee to the principal of an issued loan. The department may establish the fee amount by rule, not to exceed four percent of the approved loan amount. If the department does not establish the fee amount, the fee shall be two percent of the approved loan amount.

�� (2) The Director of the State Department of Energy may by rule establish a base efficiency package fee for energy efficiency and sustainable technology loans if the loans are not financed by moneys from the Jobs, Energy and Schools Fund. The fee may not exceed 10 percent of the estimated economic benefit for the base efficiency package. Any fees collected by the department under this subsection shall be deposited in the fund. [2009 c.753 �31; 2010 c.92 �4; 2011 c.467 �16]

(On-Bill Financing)

�� 470.660 Investor-owned utilities; requirements of system; rules; waiver. (1) All investor-owned utilities, except those that have withheld consent under ORS 470.510 (3), shall provide on-bill financing, except as described in subsection (4) of this section. After an investor-owned utility has established an on-bill financing system, an energy efficiency and sustainable technology loan shall be repaid by on-bill financing unless the loan agreement specifies that the State Department of Energy and the borrower have agreed to an alternative method for ensuring repayment of the loan.

�� (2) Unless the Public Utility Commission grants an investor-owned utility a waiver under subsection (4) of this section, the on-bill financing system of the utility must:

�� (a) Enable a customer to make a single payment to satisfy the periodic utility charges and repayment on an energy efficiency and sustainable technology loan;

�� (b) Provide a clearly identifiable line item or separate statement in the utility bill that shows the energy efficiency and sustainable technology loan repayment amount; and

�� (c) Direct energy efficiency and sustainable technology loan repayment amounts collected by the utility to the appropriate sustainable energy project manager or to the department for deposit to the credit of the Small Scale Local Energy Project Administration and Bond Sinking Fund, Energy Project Bond Loan Fund or Energy Project Supplemental Fund.

�� (3) The Public Utility Commission shall adopt rules for the use of on-bill financing by investor-owned utilities. The rules may include, but need not be limited to, rules regarding nonpayment, insufficient payment, delinquency notices, repayment charge transfers, processing fees, late fees and refunds. The commission may not adopt any rule that imposes responsibility for the repayment of an energy efficiency and sustainable technology loan on the utility.

�� (4) The commission may waive the requirement that an investor-owned utility provide on-bill financing for one or more loans if the commission determines that providing the on-bill financing is not practicable. If the commission grants a utility a waiver under this subsection, the utility shall bill the affected customers for loan repayment separately from any utility customer meter billings. [2009 c.753 �32; 2010 c.92 �7; 2013 c.8 �10]

�� 470.665 Consumer-owned utilities; requirements of system; rules; waiver. (1) If a consumer-owned utility has established an on-bill financing system, an energy efficiency and sustainable technology loan shall be repaid by on-bill financing unless the loan agreement specifies that the State Department of Energy and the borrower have agreed to an alternative method for ensuring repayment of the loan.

�� (2) Unless the Director of the State Department of Energy grants a consumer-owned utility a waiver under subsection (4) of this section, the on-bill financing system of the utility must:

�� (a) Enable a customer to make a single payment to satisfy the periodic utility charges and repayment on an energy efficiency and sustainable technology loan;

�� (b) Provide a clearly identifiable line item or separate statement in the utility bill that shows the energy efficiency and sustainable technology loan repayment amount; and

�� (3) The director may not adopt any rule that imposes responsibility for the repayment of an energy efficiency and sustainable technology loan on the utility.

�� (4) The director may waive the requirement that a consumer-owned utility provide on-bill financing for one or more loans if the director determines, after consultation with the Bonneville Power Administration, that providing the on-bill financing is not practicable. If the director grants a waiver under this subsection, the utility shall bill the affected customers for loan repayment separately from any utility customer account or customer meter billings. [2009 c.753 �33; 2013 c.8 �11]

�� 470.670 Repayment requirement for customer served by electric utility and gas utility. If a customer is served by both an electric utility and a gas utility that both have an on-bill financing system, a loan repaid through on-bill financing shall be repaid through the on-bill financing system of the utility that supplies the customer�s primary source of heat for the property. [2009 c.753 �34]

�� 470.675 Cost eligibility for ratemaking purposes; loan repayment charges. (1) If a utility incurs reasonable costs in implementing an on-bill financing system that exceed any moneys received by the utility to assist in the implementation, the costs are legitimate costs for ratemaking purposes.

�� (2) A loan repayment charge for an energy efficiency and sustainable technology loan may include, but need not be limited to, the amount of the loan, interest on the loan and the cost incurred by the State Department of Energy to implement, promote and administer the energy efficiency and sustainable technology loan program.

�� (3) The amount of an energy efficiency and sustainable technology loan repayment and any moneys received by a utility to assist in the implementation of an on-bill financing system are not gross revenue for purposes of calculating franchise fees or other regulatory assessments. [2009 c.753 �35; 2013 c.8 �12]

(Repayment and Liens)

�� 470.680 State Department of Energy to identify forms of acceptable security. (1) Subject to ORS 470.170, the State Department of Energy may identify forms of acceptable security for energy efficiency and sustainable technology loans that the department determines will achieve the goals and requirements of the energy efficiency and sustainable technology loan program and that provide adequate security for repayment of the loans.

�� (2) For loans from the Small Scale Local Energy Project Loan Fund, the department may record a fixture filing as defined in ORS 79A.1020 covering those building materials to be attached to the real property pursuant to an energy efficiency and sustainable technology loan that remain easily detachable from the property and are not essential to a structure or the use of a structure. The department shall record a lien on the real property benefited by the loan for those indebtedness amounts that are not secured by a fixture filing. The department may record a filing or lien under this section only on a property for which the property owner has agreed to the installation of a base efficiency package or optional package benefiting the property.

�� (3) An energy efficiency and sustainable technology loan must provide for repayment through an on-bill financing system unless the department finds that an alternative method for repaying the loan would provide suitable security for the loan and the department and the borrower specify the alternative repayment method in the loan agreement. [2009 c.753 �36]

�� 470.685 Recording liens; foreclosure of liens; attorney fees and costs. (1) The State Department of Energy or a sustainable energy project manager may act on behalf of the Director of the State Department of Energy for the purpose of recording a lien in favor of the director as required by ORS 470.170 (3) against property benefited by an energy efficiency and sustainable technology loan.

�� (2) A lien described in this section attaches to the property and is perfected upon recording in the county deed records.

�� (3) In an action to foreclose a lien created under this section, the court shall include in the lien amount all costs for filing and recording the lien. The court shall award a prevailing party in the foreclosure action reasonable attorney fees and costs. [2009 c.753 �37]

�� 470.690 Avoidance of foreclosure. A person that acquired an interest in a property in good faith and for a valuable consideration before the date a lien described in ORS 470.680 or

ORS 470.710

470.710:

�� (1) May be paid from the Jobs, Energy and Schools Fund or Energy Project Bond Loan Fund; or

�� (2) May be paid from the Small Scale Local Energy Project Administration and Bond Sinking Fund created under ORS 470.300 if the Director of the State Department of Energy and the State Treasurer find that:

�� (a) A cash flow projection for the sinking fund shows that, for the term of the sinking fund bonds outstanding at the time the Director of the State Department of Energy transfers the moneys, remaining moneys in the sinking fund, together with expected loan contract payments and fund earnings, will improve the financial basis of the program and will continue to be adequate to pay bond principal, interest, redemption premiums, if any, and administration costs; and

�� (b) The transfer will not create the need for issuance of any bonds. [2009 c.753 �47; 2011 c.467 �18]

�� Note: 470.715 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 470 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 470.720 Loan program information to be provided by utilities; rules. All investor-owned utilities and consumer-owned utilities that have customers enrolled in energy efficiency and sustainable technology loan programs shall, at the request of the Director of the State Department of Energy, provide the director with the following information in aggregated form regarding the loans:

�� (1) Repayment performance;

�� (2) Default rates;

�� (3) Energy savings data; and

�� (4) Any other information specified by rule adopted by the director pursuant to ORS 470.140. [2010 c.92 �10]

CLEAN ENERGY DEPLOYMENT PROGRAM

�� 470.800 Clean Energy Deployment Fund; sources; uses. (1) The Clean Energy Deployment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Clean Energy Deployment Fund shall be credited to the Clean Energy Deployment Fund. Moneys in the fund are continuously appropriated to the State Department of Energy for use as provided in ORS 470.810.

�� (2) The department may accept grants, donations, contributions or gifts from any source for deposit in the Clean Energy Deployment Fund. [2011 c.467 �1]

�� Note: 470.800, 470.810 and 470.815 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 470 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 470.805 Renewable Energy Development Subaccount; sources; uses. (1) The Renewable Energy Development Subaccount is established in the Clean Energy Deployment Fund established in ORS 470.800. Interest earned by the Renewable Energy Development Subaccount shall be credited to the subaccount. Moneys in the fund are continuously appropriated to the State Department of Energy for purposes related to renewable energy development.

�� (2) The department may accept grants, donations, contributions or gifts from any source for deposit in the Renewable Energy Development Subaccount. [2011 c.730 �24a]

�� Note: 470.805 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 470 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 470.810 Clean energy deployment program; prevailing wage requirements; rules. (1) The State Department of Energy shall establish the clean energy deployment program to provide grants and loans to support energy efficiency or clean energy projects in this state. The department shall establish criteria for qualifications of the projects by rule.

�� (2)(a) The department may use funds from the Jobs, Energy and Schools Fund and the Clean Energy Deployment Fund to provide loans and grants to school districts that have projects to weatherize, upgrade and retrofit kindergarten through grade 12 public schools in this state, in order to improve energy efficiency.

�� (b) A school district that finances a project through the clean energy deployment program may not self-perform work constituting more than five percent of the total cost of the project being financed.

�� (c) All school projects financed pursuant to paragraph (a) of this subsection through the clean energy deployment program are deemed to be public works projects and are subject to the prevailing wage requirements of ORS 279C.800 to 279C.870.

�� (3) The department may contract for the implementation of the clean energy deployment program in all or parts of this state with a sustainable energy project manager as defined in ORS 470.050. [2011 c.467 �2]

�� Note: See note under 470.800.

�� 470.815 School district projects. (1) School districts that participate in the clean energy deployment program established in ORS 470.810 may finance projects to:

�� (a) Weatherize, upgrade and retrofit kindergarten through grade 12 public schools;

�� (b) Retrofit school bus fleets to operate on compressed natural gas or other alternative fuels such as propane or to operate with high-efficiency types of engines such as hybrid electric engines; or

�� (c) Replace school bus fleets with school buses that operate on compressed natural gas or other alternative fuels such as propane or that operate with high-efficiency types of engines such as hybrid electric engines.

�� (2) The projects described in subsection (1) of this section shall be designed to improve energy efficiency, decrease fuel costs, increase use of alternative fuels and decrease emissions of air contaminants.

�� (3) School districts may finance the projects described in subsection (1) of this section by:

�� (a) Paying directly for the projects;

�� (b) Receiving lower interest loans from the Clean Energy Deployment Fund or the Small Scale Local Energy Project Loan Fund, supported by:

�� (A) Grant moneys from the Jobs, Energy and Schools Fund;

�� (B) Public purpose charges directed to a school district in areas served by investor-owned utilities under ORS 757.612;

�� (C) Qualified Energy Conservation Bonds issued under the Energy Improvement and Extension Act of 2008 or other federal loan programs; or

�� (D) Revenues generated by the savings in energy costs resulting from the energy efficiency improvements;

�� (c) Issuing general obligation bonds, subject to the bond election requirements under ORS

ORS 470.840

470.840. A committee appointed under this section shall consist of:

�� (1) A member of the Environmental Justice Council;

�� (2) A representative of Business Oregon;

�� (3) A representative of electric companies;

�� (4) A representative of consumer-owned utilities;

�� (5) A representative from an organization that represents community renewable energy development;

�� (6) A representative from a federally recognized Oregon Indian tribe;

�� (7) Three representatives of local government to represent the interests of counties, cities and special districts;

�� (8) Representatives from nongovernmental organizations that represent communities of low income or disadvantaged households; and

�� (9) Representatives from relevant state and federal emergency management or response agencies. [2021 c.508 �32; 2022 c.58 �9]

�� Note: See note under 470.825.

�� 470.845 Community Renewable Investment Fund; reports. (1) The Community Renewable Investment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Renewable Investment Fund shall be credited to the fund. The fund consists of:

�� (a) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly;

�� (b) Moneys received from federal, state or local sources;

�� (c) Gifts, grants or other moneys contributed to the fund; and

�� (d) Other amounts deposited in the fund from any source.

�� (2) Moneys in the fund are continuously appropriated to the State Department of Energy for the purpose of providing grants to applicants approved under ORS 470.830.

�� (3) The department may use reasonable amounts from the fund necessary, but no more than 10 percent of the fund, to administer the Community Renewable Investment Program described in ORS 470.830.

�� (4) The Director of the State Department of Energy shall submit a biennial report to the Legislative Assembly in the manner provided by ORS 293.640 regarding the expenditures of moneys deposited in the Community Renewable Investment Fund and status of ongoing projects funded by the moneys, including but not limited indicators of program success.

�� (5) Upon the expenditure of all grant moneys in the Community Renewable Investment Fund or four years from September 25, 2021, whichever occurs earlier, the director shall submit a report to the Legislative Assembly regarding the expenditures of moneys deposited in the Community Renewable Investment Fund and status of ongoing projects that have received moneys from the fund, including but not limited to indicators of program success. [2021 c.508 �33]

�� Note: See note under 470.825.

ORS 470.845

470.845�� Community Renewable Investment Fund; reports

DEFINITIONS

�� 470.050 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Alternative fuel project� means:

�� (a) Equipment, including vehicles that are not used primarily for personal, family or household purposes, that is modified or acquired directly from a factory and that:

�� (A) Uses an alternative fuel including electricity, biofuel, gasohol with at least 20 percent denatured alcohol content, hydrogen, hythane, methane, methanol, natural gas, propane or any other fuel approved by the Director of the State Department of Energy; and

�� (B) Produces lower exhaust emissions or is more energy efficient than equivalent equipment fueled by gasoline or diesel; and

�� (b) A facility, including a fueling station, or equipment necessary to produce alternative fuel or operate equipment that uses an alternative fuel.

�� (2) �Applicant� means an applicant for a loan to construct a small scale local energy project.

�� (3) �Base efficiency package� means the package of energy efficiency upgrades or renewable energy projects for a property that, when energy savings, project repayment costs, tax or other incentives, loan offset grants and other relevant economic factors are considered, is estimated to not increase the utility bill of the customer over the loan repayment term.

�� (4) �Committee� means the Small Scale Local Energy Project Advisory Committee created under ORS

ORS 475.035

475.035. The use of the term �precursor� in this paragraph does not control and is not controlled by the use of the term �precursor� in ORS 475.752 to 475.980.

�� (b) Does not include:

�� (A) The plant Cannabis family Cannabaceae;

�� (B) Any part of the plant Cannabis family Cannabaceae, whether growing or not;

�� (C) Resin extracted from any part of the plant Cannabis family Cannabaceae;

�� (D) The seeds of the plant Cannabis family Cannabaceae;

�� (E) Any compound, manufacture, salt, derivative, mixture or preparation of a plant, part of a plant, resin or seed described in this paragraph; or

�� (F) Psilocybin or psilocin, but only if and to the extent that a person manufactures, delivers, or possesses psilocybin, psilocin, or psilocybin products in accordance with the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722.

�� (7) �Counterfeit substance� means a controlled substance or its container or labeling, which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, delivered or dispensed the substance.

�� (8) �Deliver� or �delivery� means the actual, constructive or attempted transfer of, or possession with the intent to transfer, other than by administering or dispensing, from one person to another, a controlled substance, whether or not there is an agency relationship.

�� (9) �Device� means instruments, apparatus or contrivances, including their components, parts or accessories, intended:

�� (a) For use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals; or

�� (b) To affect the structure of any function of the body of humans or animals.

�� (10) �Dispense� means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, and includes the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.

�� (11) �Dispenser� means a practitioner who dispenses.

�� (12) �Distributor� means a person who delivers.

�� (13) �Drug� means:

�� (a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them;

�� (b) Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;

�� (c) Substances (other than food) intended to affect the structure or any function of the body of humans or animals; and

�� (d) Substances intended for use as a component of any article specified in paragraph (a), (b) or (c) of this subsection; however, the term does not include devices or their components, parts or accessories.

�� (14) �Electronically transmitted� or �electronic transmission� means a communication sent or received through technological apparatuses, including computer terminals or other equipment or mechanisms linked by telephone or microwave relays, or any similar apparatus having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

�� (15) �Manufacture� means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:

�� (a) By a practitioner as an incident to administering or dispensing of a controlled substance in the course of professional practice; or

�� (b) By a practitioner, or by an authorized agent under the practitioner�s supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

�� (16) �Person� includes a government subdivision or agency, business trust, estate, trust or any other legal entity.

�� (17)(a) �Practitioner� means a physician, dentist, veterinarian, scientific investigator, licensed nurse practitioner, physician associate or other person licensed, registered or otherwise permitted by law to dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.

�� (b) �Practitioner� does not include a pharmacist or pharmacy for purposes of the prescription, dispensation or administration of a controlled substance that is not:

�� (A) Listed in Schedule II, III, IV or V; and

�� (B) A medication for the treatment of opioid use disorder.

�� (18) �Prescription� means a written, oral or electronically transmitted direction, given by a practitioner for the preparation and use of a drug. When the context requires, �prescription� also means the drug prepared under such written, oral or electronically transmitted direction. Any label affixed to a drug prepared under written, oral or electronically transmitted direction shall prominently display a warning that the removal thereof is prohibited by law.

�� (19) �Production� includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.

�� (20) �Research� means an activity conducted by the person registered with the federal Drug Enforcement Administration pursuant to a protocol approved by the United States Food and Drug Administration.

�� (21) �Ultimate user� means a person who lawfully possesses a controlled substance for the use of the person or for the use of a member of the household of the person or for administering to an animal owned by the person or by a member of the household of the person.

�� (22) �Usable quantity� means:

�� (a) An amount of a controlled substance that is sufficient to physically weigh independent of its packaging and that does not fall below the uncertainty of the measuring scale; or

�� (b) An amount of a controlled substance that has not been deemed unweighable, as determined by a Department of State Police forensic laboratory, due to the circumstances of the controlled substance.

�� (23) �Within 30 feet,� �within 500 feet� and �within 1,000 feet� mean a straight line measurement in a radius extending for the specified number of feet or less in every direction from a specified location or from any point on the boundary line of a specified unit of property. [1977 c.745 �1; 1979 c.777 �49; 1979 c.785 �5; 1981 c.220 �1; 1981 c.666 �1; 1987 c.657 �8; 1995 c.440 �22; 2001 c.615 �15; 2001 c.623 �3; 2009 c.897 �4; 2013 c.588 �1; 2017 c.21 �22; 2017 c.706 �16; 2019 c.358 �16; 2021 c.1 �130; 2024 c.70 �24; 2024 c.73 �98; 2025 c.532 �21a]

�� 475.010 [Amended by 1953 c.342 �3; 1957 c.587 �6; 1965 c.545 �1; 1971 c.743 �378; 1973 c.697 �9; 1974 c.67 �5; repealed by 1977 c.745 �54]

�� 475.015 [1977 c.745 �3; 1979 c.777 �50; repealed by 1981 c.666 �11]

�� 475.020 [Repealed by 1957 c.587 �12]

�� 475.025 [1977 c.745 �4; repealed by 1981 c.666 �11]

�� 475.030 [Repealed by 1957 c.587 �12]

�� 475.035 Authority to control schedule; rules. (1) In arriving at any decision on changes in or addition to classification when changes or additions are proposed by the federal Drug Enforcement Administration or by any other reliable source, the State Board of Pharmacy shall review the scientific knowledge available regarding the substance, its pharmacological effects, patterns of use and misuse, and potential consequences of abuse, and consider the judgment of individuals with training and experience with the substance.

�� (2) Whenever the board determines that a change in or an addition to the schedule of a controlled substance is justified, the board by rule may order the change and fix the effective date thereof.

�� (3) If a substance is an ingredient of a controlled substance, the ingredient shall be considered to be in the same schedule as that controlled substance. Substances which are precursors of the ingredient shall not be subject to control solely because they are precursors of the ingredient. The use of the term �precursor� in this subsection does not control and is not controlled by the use of the term �precursor� in ORS 475.752 to 475.980.

�� (4) The board shall administer ORS 475.005 to 475.285 and 475.752 to 475.980 in accordance with ORS chapter 183.

�� (5) Authority to control under this section does not extend to tobacco or to alcoholic beverages as defined in ORS 471.001. [1977 c.745 �5; 1981 c.666 �2; 1987 c.657 �9; 1995 c.301 �31; 1995 c.440 �23; 2001 c.615 �16]

�� 475.040 [Repealed by 1957 c.587 �12]

�� 475.045 [1977 c.745 �7a; repealed by 2011 c.524 �4]

�� 475.050 [Repealed by 1957 c.587 �12]

�� 475.055 Publishing of schedules. The State Board of Pharmacy shall publish the classification of controlled substances within 30 days following revision of any classification or reclassification of a controlled substance. [1977 c.745 �6; 1981 c.666 �3]

�� 475.059 [2009 c.898 �2; repealed by 2017 c.21 �126]

�� 475.060 [Repealed by 1957 c.587 �12]

�� 475.065 Classification of methamphetamine; exceptions. (1) The State Board of Pharmacy shall classify methamphetamine as a controlled substance in Schedule I.

�� (2) Notwithstanding subsection (1) of this section, methamphetamine, its salts, isomers and salts of its isomers shall be classified as a controlled substance in Schedule II for purposes of currently accepted medical use in treatment in the United States and currently accepted medical use with severe restrictions within the meaning of 21 U.S.C. 812(b)(2). [2009 c.898 �3]

�� Note: 475.065 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 475.070 [Amended by 1961 c.648 �12; repealed by 1971 c.743 �432]

�� 475.075 [1977 c.745 �2; 1979 c.777 �51; repealed by 1981 c.666 �11]

�� 475.080 [Repealed by 1959 c.411 �22]

�� 475.085 [1977 c.745 �55; 1979 c.777 �52; repealed by 1981 c.666 �11]

�� 475.090 [Amended by 1953 c.543 �3; 1957 c.587 �7; repealed by 1971 c.743 �432]

�� 475.095 Rules; fees. The State Board of Pharmacy may adopt rules relating to fees and charge reasonable fees in addition to any other fees required by statute or rule, relating to the registration and control of the manufacture, delivery and dispensing of controlled substances within this state. [1977 c.745 �7; 1981 c.666 �4]

�� 475.100 [Amended by 1953 c.396 �2; 1957 c.587 �8; 1963 c.229 �1; 1965 c.15 �1; 1965 c.545 �2; 1971 c.743 �379; repealed by 1977 c.745 �54]

�� 475.101 Immunity for reporting violation. A person who, in good faith, makes a report of a violation of ORS 475.752 to

ORS 476.033

476.033, 476.035, 476.150 or 476.155, the Director of the Department of Consumer and Business Services or a local building official administering a building inspection program under ORS 455.148 or 455.150 may determine whether the structure as set forth in the plans and specifications or as constructed meets the standards of the state building code, including but not limited to fire and life safety standards. The State Fire Marshal, or a local fire official for a governmental subdivision exempted from State Fire Marshal regulations as described under ORS 476.030, may provide advice to building officials, inspectors or Department of Consumer and Business Services employees concerning state building code standards. A local building official or department employee shall give consideration to advice of the State Fire Marshal or local fire official that does not conflict with the state building code, but shall retain the authority to make final decisions regarding the code. [2013 c.487 �2 and 2013 c.528 �3]

�� Note: 455.485 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.487 Prohibition on requiring frontage improvement as condition of obtaining construction permit. (1) As used in this section:

�� (a) �Alteration� means any construction or renovation to an existing structure other than a repair or addition to the existing structure.

�� (b) �Construction permit� means a building permit or a permit for electrical work, mechanical work or plumbing work in a building.

�� (c)(A) �Frontage improvement� means repairs to or construction or renovation of roadway surfaces, curbs, gutters, sidewalks and similar or related infrastructure that is:

�� (i) Privately constructed;

�� (ii) Located within a public right of way; and

�� (iii) Adjacent to property for which a municipality has issued a construction permit.

�� (B) �Frontage improvement� does not include repairing damage that a holder of a construction permit caused.

�� (2)(a) Except as provided in paragraph (b) of this subsection, a municipality with a population of 15,000 or more may not require in, or as a condition of obtaining, a construction permit to renovate or otherwise alter an existing building that the holder of the construction permit install a frontage improvement, or have a frontage improvement installed, if:

�� (A) The alteration does not result in an increase to the building�s square footage or footprint;

�� (B) The cost of the alteration does not exceed the amount the Director of the Department of Consumer and Business Services specifies under subsection (3) of this section; and

�� (C) Existing or proposed uses for the building do not result in a change to the occupancy classification group that applied to the building at the time the municipality received an application for the construction permit.

�� (b) The prohibition described in paragraph (a) of this subsection does not apply:

�� (A) To any of the following conditions a municipality may impose upon a construction permit:

�� (i) A dedication of right-of-way;

�� (ii) An assessment or required payment of a system development charge;

�� (iii) A waiver of remonstrance to the formation of a local improvement district; or

�� (iv) An assessment or collection of fees for a local improvement district or charges in lieu of a local improvement district assessment; or

�� (B) If the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., as in effect on January 1, 2026, requires the municipality to include the installation of a frontage improvement as a condition in, or as a condition of obtaining, a construction permit.

�� (3) The director shall set the initial cost that an alteration may not exceed under subsection (2)(a)(B) of this section at $150,000 and each year shall adjust the cost to reflect changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

�� (4) If a municipality or the Department of Transportation requires a person to install a frontage improvement along a state highway as a condition in, or a condition of obtaining, a construction permit or obtaining final action on a permit or zone change under ORS 215.427 or 227.175, the municipality and the department shall coordinate with the person to determine if design, engineering or construction plans already exist for the required frontage improvement. [2025 c.486 �2]

�� Note: The amendments to 455.487 by section 3, chapter 486, Oregon Laws 2025, become operative January 1, 2031. See section 4, chapter 486, Oregon Laws 2025. The text that is operative on and after January 1, 2031, is set forth for the user�s convenience.

�� 455.487. (1) As used in this section:

�� (a) �Alteration� means any construction or renovation to an existing structure other than a repair or addition to the existing structure.

�� (b) �Construction permit� means a building permit or a permit for electrical work, mechanical work or plumbing work in a building.

�� (c)(A) �Frontage improvement� means repairs to or construction or renovation of roadway surfaces, curbs, gutters, sidewalks and similar or related infrastructure that is:

�� (i) Privately constructed;

�� (ii) Located within a public right of way; and

�� (iii) Adjacent to property for which a municipality has issued a construction permit.

�� (B) �Frontage improvement� does not include repairing damage that a holder of a construction permit caused.

�� (2)(a) Except as provided in paragraph (b) of this subsection, a municipality may not require in, or as a condition of obtaining, a construction permit to renovate or otherwise alter an existing building that the holder of the construction permit install a frontage improvement, or have a frontage improvement installed, if:

�� (A) The alteration does not result in an increase to the building�s square footage or footprint;

�� (B) The cost of the alteration does not exceed the amount the Director of the Department of Consumer and Business Services specifies under subsection (3) of this section; and

�� (b) The prohibition described in paragraph (a) of this subsection does not apply:

�� (A) To any of the following conditions a municipality may impose upon a construction permit:

�� (i) A dedication of right-of-way;

�� (ii) An assessment or required payment of a system development charge;

�� (iii) A waiver of remonstrance to the formation of a local improvement district; or

�� (iv) An assessment or collection of fees for a local improvement district or charges in lieu of a local improvement district assessment; or

�� Note: 455.487 was added to and made a part of 455.410 to 455.740 by legislative action but was not added to any other series therein. See Preface to Oregon Revised Statutes for further explanation.

ENERGY CONSERVATION

(Generally)

�� 455.490 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) The use of a consensus-based expedited review system for the uniform statewide adoption, implementation, application and enforcement of certain state building code requirements to promote energy efficiency and energy conservation will facilitate and expedite compliance with those state building code requirements by providing a comprehensive source for interpretation of requirements that integrate elements affecting a variety of specialty codes.

�� (2) The establishment of a Construction Industry Energy Board as an advisory board to the Department of Consumer and Business Services is an appropriate means for furthering the goal of facilitating and expediting state building code compliance related to energy efficiency and energy conservation.

�� (3) The creation of a Construction Industry Energy Board will improve state building code compliance with regard to energy efficiency and energy use standards by creating an additional body empowered to enforce those standards.

�� (4) The reorganization of certain existing advisory boards and the realignment of code enforcement responsibilities will enable the Department of Consumer and Business Services to more effectively ensure compliance with state building code specialty codes by increasing the focus of appropriate technical expertise, making the advisory boards more responsive to inquiries regarding code requirements and streamlining code enforcement responsibilities. [2009 c.567 �1]

�� Note: 455.490 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.492 Construction Industry Energy Board. (1) There is established a Construction Industry Energy Board, consisting of 11 members. The membership shall consist of the following:

�� (a) Two members selected by the Electrical and Elevator Board from the members of the Electrical and Elevator Board who have practical experience in the electric industry.

�� (b) Two members selected by the Residential and Manufactured Structures Board from the members of the Residential and Manufactured Structures Board who have practical experience in the residential structure industry or manufactured structure industry.

�� (c) Two members selected by the Building Codes Structures Board from the members of the Building Codes Structures Board who have practical experience in construction.

�� (d) Two members selected by the State Plumbing Board from the members of the State Plumbing Board who have practical experience in construction.

�� (e) Two members selected by the Mechanical Board from the members of the Mechanical Board who have practical experience in construction.

�� (f) One member who is an employee or officer of the State Department of Energy appointed by the Director of the State Department of Energy.

�� (2) The Construction Industry Energy Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of those positions as the board determines.

�� (3) Except as provided in ORS 455.496 (2), a majority of the members of the board constitutes a quorum for the transaction of business.

�� (4) A member of the board is not entitled to compensation, but at the discretion of the director may be reimbursed from funds available to the Department of Consumer and Business Services for actual and necessary travel and other expenses incurred by the member in the performance of the member�s official duties in the manner and amount provided in ORS 292.495. [2009 c.567 �2; 2009 c.567 �12; 2011 c.272 �22; 2013 c.255 �3]

�� Note: 455.492 and 455.496 were added to and made a part of ORS chapter 455 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.496 Standards relating to energy use and energy efficiency aspects of specialty codes; rules; enforceability. (1) The Construction Industry Energy Board may evaluate and approve or disapprove proposed state building code standards relating to the energy use and energy efficiency aspects of the electrical, structural, prefabricated structure and low-rise residential specialty codes. The proposed standards evaluated by the board may include, but need not be limited to, standards regarding energy-conserving technology, construction methods, products and materials. The board shall forward any proposed standards recommended by the board to the Director of the Department of Consumer and Business Services for adoption or rejection by the director.

�� (2) Approval by seven or more board members is required in order to recommend adoption of an energy construction standard to the director. If the standard relates to a specialty code that is administered by an advisory board described in ORS

ORS 479.168

479.168, public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other building or structure regulated by the State Fire Marshal for use and occupancy or requiring approval by the State Fire Marshal pursuant to statute, the owner shall submit to the director two copies of a plan or sketch showing the location of the building or structure with relation to the premises, distances, lengths and details of construction as the director shall require. A filing is not required with respect to any such building or structure in any area exempted by order of the State Fire Marshal pursuant to ORS 476.030. Approval of the plans or sketches by the director is considered approval by the State Fire Marshal and satisfies any statutory provision requiring approval by the State Fire Marshal.

�� (3) A declaration of the value of the proposed construction or alteration and the appropriate fee required under ORS 455.210 must accompany the plan or sketch. However, the determination of value or valuation shall be made by the director.

�� (4) The director shall be furnished with not fewer than two accurate copies of the plan or sketch and details for the purpose of ascertaining compliance with applicable fire prevention and protection statutes and regulations. The plan examiner shall indicate on the plan or sketch and in writing approval or disapproval and conditions for approval of the construction or alteration. One copy of the plan or sketch shall be retained by the director and one copy shall be returned to the applicant. No building or structure referred to in subsection (2) of this section shall be erected or constructed without approval by the director if the building or structure requires approval by the State Fire Marshal. After such approval or issuance of the required permit, construction or alteration must comply with the plan or sketch in all respects unless modified by subsequent permit or order of the director.

�� (5) The approval of a plan or sketch may not be construed to be a permit for, or an approval of, any violation of any statute or regulation or the applicable ordinances and regulations of any governmental subdivision of the state. The approval of a plan or sketch may not be construed as an approval for noncompliance with fire marshal regulations. Any condition upon approval or disapproval is an order subject to appeal as other orders are appealable.

�� (6) Notwithstanding the requirements of subsections (2) and (4) of this section, the State Fire Marshal may, by rule, require an additional copy of a plan or sketch for local government use and may specify that plans or sketches submitted for review be drawn clearly and to scale. [1965 c.602 �14; 1967 c.417 �20; 1973 c.834 �33; 1977 c.821 �4; 1987 c.414 �158; 1993 c.744 �116; 1999 c.1082 �13; 2005 c.22 �364]

�� 479.160 [Repealed by 2011 c.97 �9]

�� 479.165 Certification of fire officials; rules. (1) In accordance with any applicable provisions of ORS chapter 183, the State Fire Marshal, by rule, shall establish a certification system for fire officials who review plans, new construction, alterations and specifications from a uniform fire code.

�� (2) Fire officials who review plans, new construction, alterations and specifications from a uniform fire code shall be certified under subsection (1) of this section.

�� (3) Nothing in this section shall be construed to expand the duties of the State Fire Marshal with respect to regulating additional types of structures. [1993 c.463 �3]

�� 479.168 Definitions for ORS 479.168 to 479.190 and 479.990. As used in ORS 479.168 to 479.190 and 479.990:

�� (1) �Alter� in its various modes and tenses and its participial forms refers to an alteration.

�� (2) �Alterations,� as applied to a building or structure, means any change, addition or modification in construction or occupancy.

�� (3) �Construction� means the making, building, alteration, erection, reconstruction, rebuilding or production of a building or addition or extension thereto, or enlargement thereof, in any manner not included in the term �repair.�

�� (4) �Family� means an individual or two or more persons related by blood or marriage or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living together in a dwelling unit.

�� (5) �Hospital� means a building of any sort in which sick or injured persons are received or kept for medical, surgical or nursing purposes.

�� (6) �Occupancy� means the purpose for which a building or structure is used or intended to be used. Change of occupancy is not intended to include change of tenants or proprietors.

�� (7) �Owner� includes a duly authorized agent or attorney, a purchaser, a devisee, a fiduciary and a person having a vested or contingent interest in the property in question.

�� (8) �Private residence� means that part of a single, double or multiple dwelling house or building occupied as living or sleeping quarters by one or more family units, exclusive of any portion of such house or building devoted to commercial, processing or manufacturing use.

�� (9) �Public building� means a building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including among others, state buildings, courthouses, schools, colleges, libraries, museums, exhibit buildings, lecture halls, churches, assembly halls, lodge rooms, dance halls, theaters, skating rinks, bath houses, armories, recreation piers, grandstands and bleachers in exhibition parks or fields, and jails.

�� (10) �Repair� means restoration of an existing thing to its former state, to refit, to mend, to make good. �Repair� does not include construction, reconstruction, alteration or rebuilding of a building or any part thereof. [Formerly 479.010; 2011 c.97 �7]

�� 479.170 Ordering repair of, or removal of material from, buildings. (1) If the State Fire Marshal, or deputies, upon an examination or inspection finds a building or other structure which for want of proper repairs, by reason of age and dilapidated conditions, or poorly installed electric wiring and equipment, defective chimneys, defective gas connection, defective heating apparatus or for any other cause or reason, is especially liable to fire, and which is so situated or occupied as to endanger other buildings or property or human life, the officer shall order the building to be repaired and all dangerous conditions remedied.

�� (2) If the officer finds in any building or upon any premises any combustible or explosive material, rubbish, rags, waste, oils, gasoline or inflammable condition of any kind, dangerous to the safety of the buildings or premises or human life, the officer shall order such materials removed or remedied.

�� (3) The order shall be made against and served personally or by registered letter upon the owner, lessee or occupant of the building or premises. Thereupon it shall be complied with by the owner, lessee, agent or occupant within the time fixed in the order. Upon failure to comply, the State Fire Marshal may close the building or premises for use or occupancy until compliance has been made.

�� 479.180 Appeal from order to comply with fire prevention statutes; fee. (1) If the owner, lessee, agent or occupant is aggrieved by the order of an officer under the provisions of ORS

ORS 479.250

479.250 to 479.305. [1979 c.642 �9; 1999 c.307 �10]

�� 479.295 State Fire Marshal to adopt rules setting standards and providing for implementation of certain laws governing smoke alarms and smoke detectors. Notwithstanding the provisions of ORS 476.030, the State Fire Marshal shall adopt, by rule:

�� (1) Standards for the installation and maintenance of smoke alarms and smoke detectors as the State Fire Marshal considers necessary to carry out the purposes of ORS 479.250 to 479.305; and

�� (2) Standards for the implementation of ORS 479.250 to 479.305 and 479.990 (2). [1979 c.642 �10; 1989 c.247 �5; 1999 c.307 �11; 2001 c.411 �22; 2011 c.97 �8]

�� 479.297 Ionization smoke alarms; required equipment; exemptions. (1) All ionization smoke alarms sold in this state that are solely battery-operated shall be packaged with a 10-year battery.

�� (2) All ionization smoke alarms sold in this state shall include a �hush� mechanism that allows a person to temporarily disengage the alarm for a period of not more than 15 minutes.

�� (3) The provisions of this section do not apply to:

�� (a) Smoke alarms specifically designed for persons who are hard of hearing;

�� (b) Smoke alarms sold in this state for shipment out of state; or

�� (c) Smoke alarms sold for installation in recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine vessels or manufactured dwellings.

�� (4) The sale of a recreational vehicle, commercial vehicle, railroad equipment, aircraft, marine vessel or new manufactured dwelling containing a smoke alarm does not constitute sale of a smoke alarm. [1997 c.647 �2,3; 1999 c.307 �12; 2007 c.70 �274]

�� 479.300 Removing or tampering with smoke alarm or smoke detector prohibited. No person shall remove or tamper with a properly functioning smoke alarm or smoke detector installed in conformance with ORS 479.250 to 479.305. This prohibition includes removal of working batteries. [1979 c.642 �11; 1993 c.369 �22; 1999 c.307 �13]

�� 479.305 Smoking policy disclosure. (1) Except as provided in subsection (2) of this section, the rental agreement for a dwelling unit regulated under ORS chapter 90 must include a disclosure of the smoking policy for the premises on which the dwelling unit is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the smoking policy allows smoking in limited areas on the premises, the disclosure must identify the areas on the premises where smoking is allowed.

�� (2) This section does not apply to a rental agreement subject to ORS 90.505 to 90.850 for space in a facility as defined in ORS 90.100. [2009 c.127 �2]

�� 479.410 [Repealed by 1959 c.406 �34]

�� 479.420 [Repealed by 1959 c.406 �34]

�� 479.430 [Repealed by 1959 c.406 �34]

�� 479.440 [Amended by 1955 c.689 �1; 1957 c.429 �1; repealed by 1959 c.406 �34]

�� 479.450 [Repealed by 1959 c.406 �34]

ELECTRICAL SAFETY LAW

�� 479.510 Short title. ORS 479.510 to 479.945 and 479.995 may be cited as the Electrical Safety Law. [1959 c.406 �1; 1981 c.815 �2]

�� 479.520 Purpose. The purpose of the Electrical Safety Law is to protect the health and safety of the people of Oregon from the danger of electrically caused shocks, fires and explosions and to protect property situated in Oregon from the hazard of electrically caused fires and explosions. To accomplish this purpose the Legislative Assembly intends to provide a procedure:

�� (1) For determining where and by whom electrical installations are being made and where electrical products are sold in this state.

�� (2) To assure the public that persons making electrical installations in this state are qualified by experience and training.

�� (3) To assure the public that electrical installations meet minimum safety standards and that electrical products meet electrical product safety standards.

�� (4) For the administration and enforcement of the Electrical Safety Law by the Department of Consumer and Business Services and the Electrical and Elevator Board.

�� (5) By which the cost of administering and enforcing the Electrical Safety Law is defrayed by the collection of fees in connection with the issuing of permits and electrical licenses and the collection of civil penalties. [1959 c.406 �2; 1981 c.815 �3; 1987 c.414 �33; 1993 c.744 �117; 2003 c.299 �1; 2011 c.597 �220]

�� 479.525 Application of Electrical Safety Law; uniformity. Except as provided in ORS 479.854, the Electrical Safety Law shall be applicable and uniform throughout this state and in all municipalities, and no municipality shall enact or enforce any ordinance, rule or regulation relating to the same matters encompassed by the Electrical Safety Law. [1983 c.580 �3]

�� 479.527 [1985 c.826 �2; repealed by 1987 c.874 �1]

�� 479.530 Definitions for ORS 479.510 to 479.945 and 479.995. As used in ORS 479.510 to 479.945 and 479.995, unless the context requires otherwise:

�� (1) �Approved testing laboratory� means a testing laboratory that meets criteria for electrical product evaluation established by the Director of the Department of Consumer and Business Services with the approval of the Electrical and Elevator Board under ORS 479.730.

�� (2) �Board� means the Electrical and Elevator Board established under ORS 455.138.

�� (3) �Certified electrical product� means an electrical product that is certified under ORS

ORS 479.540

479.540, no person shall make, supervise or direct the making of an electrical installation which does not meet minimum safety standards.

�� (2) Except for a person authorized by the jurisdiction having authority, no person shall remove, transfer, alter or otherwise tamper with an inspection permit, label, tag or other indicia of inspection placed on or at an electrical job site, electrical installation or electrical product. A property owner may remove the construction inspection permit, label or tag if, after all required inspections are completed, the installation is found to be in compliance with the electrical code and has been approved by the inspector having jurisdiction. [1959 c.406 �16(1); 1981 c.815 �22; 1991 c.18 �1]

�� 479.720 [1959 c.406 �17; repealed by 1981 c.815 �40]

�� 479.730 Adoption of rules by Director of Department of Consumer and Business Services. In compliance with ORS chapter 183 the Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt reasonable rules:

�� (1) Establishing, altering or revoking minimum safety standards for workmanship and materials in various classifications of electrical installations.

�� (2) Establishing, altering or revoking electrical product safety standards for design and construction of electrical products to be installed in this state. The standards may allow the certification of electrical products that a testing laboratory approved by the director and the board under ORS 479.760 has tested and found to be safe within the electrical product safety standards established under this subsection.

�� (3) Relating to the procedure for certifying and decertifying electrical products to be installed in this state. The Department of Consumer and Business Services, with the approval of the board, may limit the type of electrical products it accepts for certification under ORS 479.760 (3).

�� (4) Prescribing times, places and circumstances that permits shall be exhibited for inspection.

�� (5) Governing the internal organization and procedure for administering and enforcing ORS 479.510 to 479.945 and 479.995.

�� (6) Establishing, altering, approving or revoking minimum standards for electrical training programs.

�� (7)(a) Establishing which electrical products may be field evaluated by a field evaluation firm rather than certified;

�� (b) Establishing cost-based fees, requirements and procedures for approving, maintaining and suspending or revoking approvals of field evaluation firms;

�� (c) Establishing:

�� (A) Requirements and procedures for the field evaluation of electrical products; and

�� (B) Requirements and procedures for issuing field evaluation labels for the electrical products evaluated by field evaluation firms and testing laboratories;

�� (d) Establishing requirements and procedures for preparation of reports regarding installation safety issued by field evaluation firms;

�� (e) Establishing when an inspecting jurisdiction may require a report from a field evaluation firm; and

�� (f) Establishing other requirements as necessary to carry out this subsection. [1959 c.406 �19; 1963 c.151 �7; 1971 c.753 �24; 1981 c.815 �25; 1993 c.398 �1; 1993 c.744 �126; 1995 c.706 �3; 1999 c.794 �2; 2001 c.411 �23; 2003 c.299 �6; 2005 c.435 �5]

�� 479.740 Factors to be considered in adopting rules; incorporation of standards by reference. (1) In adopting rules under ORS 479.730 the Department of Consumer and Business Services shall consider:

�� (a) Technological advances in the electrical industry.

�� (b) The practicability of following the standards under consideration, if adopted.

�� (c) The probability, extent and gravity of the injury to the public or property which would result from failure to follow the standards under consideration.

�� (d) Safety standards followed, proposed or approved by responsible members of the electrical industry.

�� (2) After considering the factors in subsection (1) of this section, the department may incorporate by reference proposed safety standards of the electrical industry or independent organizations. The department may formulate and adopt independent safety standards if standards proposed by the industry and independent organizations are not acceptable to it. [1959 c.406 ��20,21]

�� 479.760 Certification of electrical products; safety indicators. (1) An electrical product may not be certified unless the product meets electrical product safety standards established in rule by concurrence of the Electrical and Elevator Board and the Director of the Department of Consumer and Business Services.

�� (2) Any person may apply to have the Department of Consumer and Business Services certify an electrical product. The department shall certify an electrical product if the product is shown to meet electrical product safety standards by one of the following methods:

�� (a) An equipment safety program approved by the board;

�� (b) Equipment minimum safety standards established by concurrence of the board and the director;

�� (c) An evaluation by an approved field evaluation firm;

�� (d) A listing from a nationally recognized testing laboratory;

�� (e) An evaluation of a first model of a product by the board; or

�� (f) Any other method approved by the board.

�� (3) To have an electrical product certified, a person may submit a specimen, sample or prototype to the department within a reasonable time before the date on which certification will be required, together with a fee set by the department sufficient to defray the cost of shipment and evaluation. The department shall evaluate the electrical product to determine whether the product meets electrical product safety standards. Not later than six months after receipt of a specimen, prototype or sample the department shall complete the required evaluation and give a decision certifying or rejecting the product. The department may appoint a special deputy or enter into an appropriate contract with a testing laboratory approved by the board under this section for the evaluation required under this subsection.

�� (4) The director with the approval of the board may establish standards and procedures for the approval of testing laboratories to test electrical products in the certification process under this section. [1959 c.406 ��16 (2) and (3),22,23; 1981 c.815 �26; 1999 c.794 �1; 2001 c.573 �17; 2003 c.299 �5]

�� 479.770 Approved electric ignition pilot required on certain appliances. No person shall sell or offer for sale in this state any new gas-fired, forced-air central space heating equipment, clothes dryer, domestic range or new gas-fired swimming pool heaters, unless such equipment, heater, dryer or range is equipped with an electric ignition pilot that complies with the rules of the Department of Consumer and Business Services adopted pursuant to ORS 479.740. [1977 c.630 �2; 1979 c.197 �1; 1981 c.815 �27]

�� 479.800 [1971 c.753 �23; 1977 c.748 �3; 1981 c.815 �28; 1983 c.740 �192; 1987 c.383 �1; repealed by 1993 c.744 �101]

�� 479.810 Administration and enforcement; Chief Electrical Inspector; inspector qualifications; rules. (1) The Electrical and Elevator Board shall administer and enforce ORS 479.510 to 479.945 and 479.995. The Director of the Department of Consumer and Business Services shall appoint an adequate staff of competent persons experienced and trained to serve as electrical inspectors. The board shall assist the director in reviewing determinations made by the staff involving electrical installations or products and to assist in formulating rules under ORS 479.730.

�� (2) The director, in consultation with the board, shall appoint a representative of the department�s staff of electrical inspectors who shall serve ex officio as secretary of the board. This person shall be known as the Chief Electrical Inspector.

�� (3) The director shall certify a person as an electrical inspector if:

�� (a) The person:

�� (A) Completes a general journeyman electrical apprenticeship program in Oregon;

�� (B) Has two years� experience as a licensed electrician in Oregon; and

�� (C) Passes the examination required for certification as a supervising electrician; or

�� (b) For a person with experience outside the State of Oregon, the person:

�� (A)(i) Has five years� experience in commercial or industrial electrical inspection; and

�� (ii) Passes the examination required for certification as a general supervising electrician; or

�� (B) Has six years of out-of-state experience as an electrician and passes the examination required for certification as a general supervising electrician.

�� (4) The board may, by rule, allow certification of persons as electrical inspectors with experience or training that does not meet the requirements specified in subsection (3) of this section.

�� (5) Rules adopted under this section shall provide for the recognition of equivalent experience acquired by a person outside the State of Oregon.

�� (6) An examination taken for purposes of applying for certification as an electrical inspector under this section shall not be valid for use in an application to become licensed as a supervising electrician. [1959 c.406 �18; 1961 c.693 �3; 1969 c.314 �53; 1971 c.753 �22; 1977 c.748 �4; 1981 c.815 �30; 1987 c.383 �2; 1993 c.574 �1; 1993 c.744 �127; 1997 c.677 �3; 2001 c.411 �24]

�� 479.815 Inspector conflicts of interest; rules. The Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, may adopt rules regulating or prohibiting conflicts of interest for electrical inspectors in regard to any work performed by an inspector or a related party under a license issued under ORS 479.630. [2003 c.675 �64]

�� 479.820 Duties and powers in enforcing law. (1) The Department of Consumer and Business Services shall:

�� (a) Check the authenticity, appropriateness and expiration dates of licenses issued under ORS

ORS 479.610

479.610 does not apply to installations of industrial electrical equipment unless the board determines that the product or class of products may present a fire or life safety hazard.

�� (b) The board may reinstate an exemption removed under this subsection if the product qualifies for reinstatement under:

�� (A) An equipment safety program approved by the board;

�� (B) Equipment minimum safety standards established by concurrence of the board and the director;

�� (C) An evaluation by an approved field evaluation firm;

�� (D) A listing from a nationally recognized testing laboratory;

�� (E) An evaluation of a first model of a product by the board; or

�� (F) Any other method approved by the board.

�� (13) ORS 479.760 does not apply to electrical equipment that has been installed and in use for one year or more.

�� (14) A person who holds a limited maintenance specialty contractor license or a limited pump installation specialty contractor license issued under ORS 479.510 to 479.945 or a person who is the employee of such license holder and who is listed with the board as an employee is not required to have a journeyman license or supervising electrician�s license to perform work authorized under the person�s license.

�� (15) A person is not required to obtain a permit for work on, alterations to or replacement of parts of electrical installations as necessary for maintenance of existing electrical installations on residential property owned by the person or by a member of the person�s immediate family. This subsection does not establish an exemption for new electrical installations or substantial alterations to existing electrical installations.

�� (16) A permit is not required for those minor electrical installations for which the board has authorized an installation label.

�� (17) A residential home, as defined in ORS 443.580, and an adult foster home, as defined in ORS 443.705, is not a multifamily dwelling and only electrical installation standards and safety requirements applicable to single family dwellings apply to such homes.

�� (18) The permit requirements of ORS 479.550 and the license requirements of ORS 479.620 do not apply to cable television installations.

�� (19) The provisions of any electrical products code or rule adopted pursuant to ORS

ORS 479.630

479.630 (1) and (2) and:

�� (A) Obtains a master permit for inspection under ORS 479.560 (3); or

�� (B) Obtains a master individual inspection permit under ORS 479.565.

�� (7) In cases of emergency in industrial plants, a permit is not required in advance for electrical installation made by a person licensed as a general supervising electrician, a general journeyman electrician or an electrical apprentice under ORS 479.630 if an application accompanied by appropriate fee for a permit is submitted to the Department of Consumer and Business Services within five days after the commencement of such electrical work.

�� (8)(a) A license or permit is not required for the installation or assembly of industrial electrical equipment by the duly authorized agents of the factory, vendor or owner.

�� (b) The license and permit exemptions of this subsection do not apply to activity in an area where industrial electrical equipment is installed in or enters a hazardous location or penetrates or enters a fire rated assembly or plenum rated assembly.

�� (c) As used in this subsection:

�� (A) �Duly authorized agents� means individuals trained by the factory or a vendor or by experience and who are knowledgeable in the operation, maintenance, repair and installation of industrial electrical equipment.

�� (B) �Installation or assembly� means the reassembly at a job site of equipment that is wired and assembled at the factory and then disassembled for shipping purposes or of existing equipment that is relocated. �Installation or assembly� does not include work involving field fabricated assemblies or any other electrical product that is not an original part of the industrial electrical equipment. �Installation or assembly� does not include the connection of industrial electrical equipment to a power source.

�� (9) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply to:

�� (a) Electrical installations and repairs involving communication and signal systems of railroad companies.

�� (b) Electrical installations and repairs involving remote and permanent broadcast systems of radio and television stations licensed by the Federal Communications Commission if the systems are not part of the building�s permanent wiring.

�� (c) The installing, maintaining, repairing or replacement of telecommunications systems on the provider side of the demarcation point by a telecommunications service provider.

�� (d) The maintaining, repairing or replacement of telecommunications equipment on the customer side of the demarcation point by a telecommunications service provider.

�� (e) Installations, by a telecommunications service provider or an appropriately licensed electrical contractor, of telecommunications systems on the customer side of the demarcation point except:

�� (A) Installations involving more than 10 telecommunications outlets; and

�� (B) Installations of any size that penetrate fire-resistive construction or air handling systems or that pass through hazardous locations.

�� (f) Notwithstanding paragraph (e) of this subsection, installation of telecommunications systems on the customer side of the demarcation point in:

�� (A) One and two family dwellings; and

�� (B) Multifamily dwellings having not more than four dwelling units if the installation is by a telecommunications service provider.

�� (g) Notwithstanding paragraph (e) of this subsection, installation or replacement of cord or plug connected telecommunications equipment on the customer side of the demarcation point.

�� (h) Notwithstanding paragraph (e) of this subsection, installation of patch cord and jumper cross-connected equipment on the customer side of the demarcation point.

�� (10)(a) The board may grant partial or complete exemptions by rule for any electrical product from any of the provisions of ORS 455.610 to 455.630 or 479.510 to 479.945 and

ORS 479.760

479.760 and that is not decertified.

�� (4) �Competent inspection service� means an electrical inspection service of a city or county administered under ORS 455.148 or 455.150 that employs electrical inspectors who are certified to meet standards under ORS 479.810.

�� (5) �Commercial electrical air conditioning equipment� means heating, cooling, refrigeration, dehumidifying, humidifying and filtering equipment used for climatizing or moving of air if used in commerce, industry or government and if installed in a place not accessible to the general public other than the switches regulating the operation of the equipment.

�� (6) �Demarcation point� means the place of interconnection between the communications cabling, terminal equipment or protective apparatus of the telecommunications service provider and the customer�s premises.

�� (7) �Department� means the Department of Consumer and Business Services.

�� (8) �Director� means the Director of the Department of Consumer and Business Services.

�� (9) �Dwelling unit� means one or more rooms for the use of one or more persons as a housekeeping unit with space for eating, living and sleeping and permanent provisions for cooking and sanitation.

�� (10) �Electrical installations� means the construction or installation of electrical wiring and the permanent attachment or installation of electrical products in or on any structure that is not itself an electrical product. �Electrical installation� also means the maintenance or repair of installed electrical wiring and permanently attached electrical products. �Electrical installation� does not include an oil module.

�� (11) �Electrical product� means any electrical equipment, material, device or apparatus that, except as provided in ORS 479.540, requires a license or permit to install and either conveys or is operated by electrical current.

�� (12) �Equipment� means any material, fittings, devices, appliances, fixtures, apparatus or the like that are used as part of or in connection with an electrical installation.

�� (13) �Field evaluation firm� means an independent organization that provides:

�� (a) Evaluations or testing, or both; and

�� (b) Documentation regarding compliance with electrical product safety standards and with the electrical installation safety code.

�� (14) �Industrial electrical equipment� means electrical products used in industry or government that utilize electric energy for mechanical, chemical, heating, lighting or similar purposes, that are designed to service or produce a product and that are used directly in the production of the service or product.

�� (15) �Installation label� means an adhesive tag issued by governmental agencies that administer the Electrical Safety Law to licensed electrical contractors for application to those minor electrical installations for which the board by rule determines to be appropriate for random inspections.

�� (16) �License� means a permit issued by the department under ORS 479.630 authorizing the person whose name appears as licensee thereon to act as an electrical contractor, supervising electrician, journeyman electrician, electrical apprentice or limited elevator journeyman as indicated thereon.

�� (17) �Minimum safety standards� means safety standards prescribed by concurrence of the board and the director under ORS 479.730.

�� (18) �Multifamily dwelling� means a building containing more than one dwelling unit.

�� (19) �Oil module� means a prefabricated structure manufactured to the specifications of the purchaser and used outside this state in the exploration for or processing or extraction of petroleum products.

�� (20) �Permit� means an official document or card issued by the enforcing agency to authorize performance of a specified electrical installation.

�� (21) �Single family dwelling� means a building consisting solely of one dwelling unit.

�� (22) �Telecommunications service provider� means a telecommunications carrier as defined in ORS 133.721 or a telecommunications utility or competitive telecommunications provider, both as defined in ORS 759.005.

�� (23) �Uncertified product� means any electrical product that is not an electrical product certified under ORS 479.760. [1959 c.406 �3; 1971 c.753 �55; 1973 c.834 �35; 1981 c.815 �4; 1983 c.733 �1; 1985 c.826 �3; 1987 c.414 �34; 1987 c.575 �4; 1987 c.874 �2; 1993 c.744 �118; 1995 c.706 �1; 1999 c.59 �159; 1999 c.1031 �1; 2001 c.573 �16; 2003 c.222 �1; 2003 c.299 �2; 2005 c.435 �2; 2007 c.271 �3; 2011 c.9 �67]

�� 479.540 Exemptions; rules. (1) Except as otherwise provided in this subsection, a person is not required to obtain a license to make an electrical installation on residential or farm property that is owned by the person or a member of the person�s immediate family if the property is not intended for sale, exchange, lease or rent. The following apply to the exemption established in this subsection:

�� (a) The exemption established for a person under this subsection does not exempt the work performed by the person from having to comply with the requirements for such work under ORS chapter 455 or this chapter and rules adopted thereunder.

�� (b) If the property is a building used as a residence and is for rent, lease, sale or exchange, this subsection establishes an exemption for work on, alterations to or replacement of parts of electrical installations as necessary for maintenance of the existing electrical installations on that property, but does not exempt new electrical installations or substantial alterations to existing electrical installations on that property. As used in this paragraph, �new electrical installations or substantial alterations� does not include the replacement of an existing garbage disposal, dishwasher or electric hot water heater with a similar appliance of 30 amps or less, single phase, by a landlord, landlord�s agent or the employee of the landlord or landlord�s agent.

�� (2) An electrical contractor license is not required in connection with an electrical installation:

�� (a) Of meters and similar devices for measuring electricity by a person principally engaged in the business of generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment.

�� (b) Of ignition or lighting systems for motor vehicles.

�� (c) To be made by a person on the person�s property in connection with the person�s business.

�� (d) To be made by a public utility, consumer-owned utility as defined in ORS 757.270, telecommunications carrier as defined in ORS 133.721, competitive telecommunications provider as defined in ORS 759.005 or municipality for generation, transmission or distribution of electricity on property that the utility, carrier, provider or municipality owns or manages.

�� (3) A person whose sole business is generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment, is not required to obtain a license to transform, transmit or distribute electricity from its source to the service head of the premises to be supplied thereby.

�� (4)(a) A person is not required to obtain a license for the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority and the person doing the repair or replacement is a member of the housing authority�s regular maintenance staff.

�� (b) A license is not required for:

�� (A) Temporary demonstrations;

�� (B) A street lighting system located on a public street or in a right of way if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems; or

�� (C) An outdoor transmission or distribution system, whether overhead or underground, if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems.

�� (c) For the purposes of this subsection, �qualified employee� means an employee who has registered with or graduated from a State of Oregon or federally approved apprenticeship course designed for the work being performed. The supervising electrician signature required under ORS 479.560 (1)(b) does not apply to contractors working under this subsection.

�� (5) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply:

�� (a) To electrical products owned by, supplied to or to be supplied to a public utility as defined in ORS 757.005, consumer-owned utility as defined in ORS 757.270, telecommunications carrier as defined in ORS 133.721 or competitive telecommunications provider as defined in ORS 759.005;

�� (b) To electrical installations made by or for a public utility, consumer-owned utility, telecommunications carrier or competitive telecommunications provider if the electrical installations are an integral part of the equipment or electrical products of the utility, carrier or provider; or

�� (c) To any electrical generation plant owned or operated by a municipality to the same extent that a utility, telecommunications carrier or competitive telecommunications provider is exempted under paragraphs (a) and (b) of this subsection.

�� (6) A permit is not required:

�� (a) For the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority; or

�� (b) For the repair, alteration or replacement of existing electrical products or electrical installations authorized by ORS 479.560 (3) at an industrial plant, a commercial office building, a building that is owned, leased, managed or operated by the state or a local government entity or other facilities designated by the Electrical and Elevator Board when the owner, operating manager or electrical contractor of the facility meets the provisions of ORS

ORS 479.910

479.910, 480.630, 693.060, 693.103 or 693.111 must wear and visibly display an identification badge indicating the person�s current license status while performing work for which the license is required. The authority that licenses the person shall specify the size and content of the identification badge and may establish such other specifications as the authority deems appropriate.

�� (2) Subsection (1) of this section does not apply if wearing or displaying the identification badge may create a danger to the public health or to the safety of the person or the public.

�� (3) This section does not require the display of a contractor or business license. [2003 c.675 �62; 2005 c.758 �21]

�� Note: 455.415 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.417 Provision of electric service capacity for charging electric vehicles in newly constructed buildings; requirements; exemptions; rules. (1) As used in this section:

�� (a) �Electric vehicle charging station� means a device or facility for delivering electricity for motor vehicles that use electricity for propulsion.

�� (b) �Municipality� has the meaning given that term in ORS 455.010.

�� (c) �Provisions for electrical service capacity� means:

�� (A)(i) Building electrical service, sized for the anticipated load of electric vehicle charging stations, that has overcurrent devices necessary for electric vehicle charging stations or has adequate space to add the overcurrent devices;

�� (ii) Designated space within a building to add electrical service with capacity for electric vehicle charging stations; or

�� (iii) A designated location on building property, in or adjacent to a landscaped area, for installing remote service for electric vehicle charging stations; and

�� (B) A conduit system installed from building electrical service, or from the dedicated spaces or locations described in subparagraph (A) of this paragraph, to parking spaces that can support, at a minimum, electrical wiring for installation of level 2 electric vehicle charging stations and, if the conduit is for future installation of electric vehicle charging stations, that labels both ends of the conduit to mark the conduit as provided for future electric vehicle charging stations.

�� (d) �Townhouse� has the meaning given that term in ORS 197A.420.

�� (2) The Director of the Department of Consumer and Business Services shall adopt amendments to the state building code to require newly constructed buildings described in subsection (3)(a) of this section to include provisions for electrical service capacity for charging electric vehicles. The code must require that each building include, at a minimum, provisions for electrical service capacity at no less than 20 percent of the vehicle parking spaces in the garage or parking area for the building. Fractional numbers derived from a calculation of the vehicle parking spaces must be rounded up to the nearest whole number.

�� (3)(a) The director shall make code requirements under subsection (2) of this section applicable only to:

�� (A) Commercial buildings under private ownership;

�� (B) Multifamily residential buildings with five or more residential dwelling units; and

�� (C) Mixed-use buildings consisting of privately owned commercial space and five or more residential dwelling units.

�� (b) The director may not make code requirements under subsection (2) of this section applicable to townhouses.

�� (4) Notwithstanding ORS 455.040, a municipality may, by process concerning land use, require that each newly constructed building described in subsection (3)(a) of this section include provisions for electrical service capacity to accommodate more than 20 percent of vehicle parking spaces in the garage or parking area for the building. [2021 c.152 �1]

�� Note: 455.417 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.418 Integration of buildings with community microgrids; rules. (1) As used in this section:

�� (a) �Community microgrid� means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under ORS 197.729.

�� (2) The Department of Consumer and Business Services shall adopt rules to the state building code that support the integration of buildings with community microgrids. [2025 c.472 �5]

�� Note: 455.418 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.420 Individual electric meters required in multifamily residential buildings; exceptions; standards. (1) Each individual dwelling unit in a multifamily residential building constructed after October 4, 1977, shall have installed a separate, individual electrical meter for each such dwelling unit except where a building inspector certified under ORS 455.715 to 455.740 determines that pursuant to standards adopted by the Director of the Department of Consumer and Business Services the installation of a single, central electrical meter for all the dwelling units in such building would facilitate an overall reduction in electrical consumption by such units.

�� (2) For the purpose of carrying out the provisions of subsection (1) of this section, the director, based on recommendations of the Residential and Manufactured Structures Board, shall adopt by rule standards for determining whether the installation of a single electrical meter for all dwelling units in a multifamily residential building facilitates an overall reduction in electrical consumption by such units. [Formerly 456.763; 1993 c.744 �94; 2003 c.675 �27; 2009 c.567 �18]

�� 455.422 New construction; recycling containers. (1) Each multifamily residential dwelling with more than 10 individual residential units that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (2) Each commercial building and each industrial and institutional building that is constructed after October 4, 1997, should include adequate space and access for collection of containers for solid waste and recyclable materials.

�� (3) As used in this section, �commercial,� �recyclable material� and �solid waste� have the meanings given in ORS 459.005. [Formerly 215.620]

�� Note: 455.422 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.425 Low-income elderly housing multiservice rooms required; standards; exceptions. (1) Any low-income housing for the elderly on which construction begins after January 1, 1978, and which is financed in whole or in part by federal or state funds shall contain a multiservice room adequate in size to seat all of the tenants.

�� (2) The Director of the Department of Consumer and Business Services shall adopt rules, in accordance with the applicable provisions of ORS chapter 183, establishing standards and specifications for low-income elderly housing multiservice rooms required under subsection (1) of this section. In development of standards and specifications, the director may take into account any standards or specifications established pursuant to any federal program under which the construction of such housing is funded.

�� (3) No housing described in subsection (1) of this section that contains 20 or fewer units is required to provide a multiservice room. [Formerly 456.772; 1991 c.67 �127]

�� 455.427 Prohibition of certain refrigerants. The Department of Consumer and Business Services may not prohibit in the state building code the use of refrigerants listed as of January 1, 2022, under regulations adopted under 42 U.S.C. 7671k as safe alternatives to Class I and Class II substances if the safe alternatives are installed in accordance with applicable rules or regulations. [2021 c.165 �2]

�� Note: 455.427 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.430 Reciprocity for prefabricated structures. If the Director of the Department of Consumer and Business Services determines that the standards for prefabricated structures prescribed by statute, rule or regulation of another state are at least equal to the regulations prescribed under this chapter, and that such standards are actually enforced by such other state, the director may provide by regulation that prefabricated structures approved by such other state shall be deemed to have been approved by the director. [Formerly 456.880]

�� 455.433 Adoption of wildfire hazard mitigation code standards for new buildings; rules. (1) The Department of Consumer and Business Services shall adopt the wildfire hazard mitigation code standards of section R327 of the 2023 Oregon Residential Specialty Code.

�� (2) The department shall by rule create a process for municipalities to adopt the wildfire hazard mitigation code standards referenced in subsection (1) of this section. The process must include a requirement that a municipality notify the department when the municipality has adopted these standards.

�� (3) The wildfire hazard mitigation code standards referenced in subsection (1) of this section may only be applied to new construction of new buildings.

�� (4) The department may not require a local government to adopt code standards that are described in this section. [2025 c.590 �7]

�� Note: 455.433 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.440 When site soil analysis required; filing of report and notice; duty of transferor of property; effect of failure to comply. (1) If a city, county or government agency requires a site soil analysis and site recommendation report as a condition of approval for issuance of a building permit for a residence for human habitation, and the analysis and report identify the presence of highly expansive soils, then prior to issuance of the building permit the city, county or government agency shall:

�� (a) Include a copy of that report with the construction plans filed with the building permit issuing agency; and

�� (b) Record, in the County Clerk Lien Record in the county in which the property is located, a notice containing:

�� (A) The legal description of the property; and

�� (B) An informational notice in substantially the following form:

This property has been identified as having highly expansive soils. This condition may create special maintenance requirements. Before signing or accepting any instrument transferring title, persons acquiring title should check with the appropriate planning or building department.

�� (2) No action may be maintained against a city, county or government agency for failing to meet the requirements of subsections (1) and (2) of this section.

�� (3) If a report described in subsections (1) and (2) of this section identifies the presence of highly expansive soils, the first transferor shall supply to the first transferee written suggestions for care and maintenance of the residence to address problems associated with highly expansive soils.

�� (4) If the first transferor violates the provisions of subsection (3) of this section, the first transferee shall have a cause of action to recover damages of $750 from the first transferor. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1989 c.1026 ��1,2,3; 1995 c.618 �71]

�� Note: 455.440 and 455.445 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.445 Indoor air quality standards for public areas and office workplaces. (1) After considering the recommendations of the Indoor Air Pollution Task Force, and as expeditiously as possible, the Director of the Department of Consumer and Business Services shall adopt ventilation standards for public areas and office workplaces that are at least equivalent to the most recent, nationally recognized ventilation standards generally accepted and in use throughout the United States.

�� (2) The director shall adopt building codes and building product standards to protect the indoor air quality of private residences but only as necessary to address serious or unique indoor air quality problems in Oregon when federal statutes, regulations and national codes fail to address building product and building code related indoor air quality problems.

�� (3) As expeditiously as possible, the director shall consider for adoption the ventilation standards recommended by the Indoor Air Pollution Task Force. [1989 c.1070 �10]

�� Note: See note under 455.440.

�� 455.446 Tsunami inundation zone; rules. (1) The State Department of Geology and Mineral Industries shall establish the parameters of the area of expected tsunami inundation based on scientific evidence that may include geologic field data and tsunami modeling.

�� (2) The governing board of the State Department of Geology and Mineral Industries, by rule, shall determine the tsunami inundation zone based on the parameters established by the department. [1995 c.617 �2; 2005 c.22 �329; 2007 c.354 �31; 2019 c.502 �2]

�� Note: 455.446 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.447 Regulation of certain structures vulnerable to earthquakes and tsunamis; rules. (1) As used in this section, unless the context requires otherwise:

�� (a) �ASCE� means the American Society of Civil Engineers.

�� (b) �ASCE 7� means the ASCE Minimum Design Loads and Associated Criteria for Buildings and Other Structures that appear in the Oregon Structural Specialty Code.

�� (c) �Major structure� means a building over six stories in height with an aggregate floor area of 60,000 square feet or more, every building over 10 stories in height and parking structures as determined by Department of Consumer and Business Services rule.

�� (d) �Seismic hazard� means a geologic condition that is a potential danger to life and property that includes but is not limited to earthquake, landslide, liquefaction, tsunami inundation, fault displacement, and subsidence.

�� (2) The Department of Consumer and Business Services shall consult with the Seismic Safety Policy Advisory Commission and the State Department of Geology and Mineral Industries prior to adopting rules. Thereafter, the Department of Consumer and Business Services may adopt rules as set forth in ORS 183.325 to

ORS 479.995

479.995. This subsection does not require a city or county to assume full responsibility for enforcement, inspection and administration of the electrical safety laws if the only enforcement performed by the city or county involves manufactured dwelling electrical utility connections.

�� (3) The department, subject to ORS chapter 183, shall revoke any authority of a city or county to carry on inspections, enforcement or administration of electrical installations and electrical products under ORS 455.148 or 455.150 if the department determines that the city or county fails to comply with standards adopted by the board or otherwise is not effectively carrying out duties assumed by the city or county under this section.

�� (4)(a) Except as provided in paragraph (b) of this subsection, a city or county may not contract with competing electrical contractors to provide permit inspection of electrical installations.

�� (b) A city or county may contract with competing electrical contractors to provide permit inspection of electrical installations on a temporary basis by a supervising electrician if:

�� (A) Emergency circumstances exist; and

�� (B) The city or county has requested that the department perform permit inspections and the department is unable to respond in a timely manner.

�� (c) Nothing in this subsection prohibits a city or county from contracting with another city or county to perform permit inspections of electrical installations by a supervising electrician.

�� (5) A city or county that performs electrical installation inspections shall perform license enforcement inspections as a part of routine installation inspections. [1981 c.815 �37; 1987 c.575 �1; 1991 c.368 �3; 1991 c.373 �1; 1991 c.439 �1; 1993 c.451 �3; 2001 c.573 �20]

�� 479.860 Persons authorized to design, plan and lay out electrical installations; rules. (1) Notwithstanding any other provision of law, a person who is the holder of a supervising electrician�s license:

�� (a) Who is employed by the holder of an electrical contractor�s license may design, plan and lay out electrical installations for customers of the electrical contractor without obtaining any other license, permit or certificate; or

�� (b) Who is employed by an industrial plant may design, plan and lay out electrical installations for that industrial plant.

�� (2) The Director of the Department of Consumer and Business Services, after consultation with the Electrical and Elevator Board and the State Board of Examiners for Engineering and Land Surveying, may adopt rules designating classes of board licensees that may design, plan and lay out noncomplex electrical installations. Licensees are not subject to any requirement for an additional license, permit, certificate or registration when engaging in the design, planning or laying out of electrical installations as authorized by a rule adopted under this subsection. [1987 c.384 �2; 2005 c.570 �1]

�� 479.870 Electrical and Elevator Board to prescribe uniform fee calculation and permit format; review; rules. (1) The Electrical and Elevator Board shall provide by rule for a statewide uniform method of calculating permit fees and a standardized permit application format.

�� (2) Notwithstanding the provisions of subsection (1) of this section, the board shall provide by rule for a separate limited energy electrical activity permit and the conditions that apply to the permit.

�� (3) The board shall adopt rules setting standards for timely review, personnel to conduct review and other plan review requirements. [1989 c.591 �2; 1991 c.529 �9; subsection (3) enacted as 1991 c.439 �2; 2001 c.728 �3]

�� 479.905 Definitions for ORS 479.870 and 479.905 to 479.945. For the purposes of ORS 479.870 and 479.905 to 479.945, except where the context requires otherwise:

�� (1) �Class A limited energy technician� means a person licensed to install, alter and repair all limited energy systems.

�� (2) �Class B limited energy technician� means a person licensed to install, alter and repair all limited energy systems that do not include protective signaling, including but not limited to:

�� (a) HVAC;

�� (b) Medical;

�� (c) Boiler controls;

�� (d) Intercom and paging systems;

�� (e) Clock systems;

�� (f) Data telecommunication installations; and

�� (g) Instrumentation.

�� (3) �HVAC� means thermostat and associated control wiring of heating, ventilation, air conditioning and refrigeration systems. �HVAC� does not include boiler controls.

�� (4) �Limited energy electrical activity� means installation, alteration, maintenance, replacement or repair of electrical wiring and electrical products that do not exceed 100 volt-amperes in Class 2 and Class 3 installations, or that do not exceed 300 volt-amperes for landscape low voltage lighting systems that are cord connected to a ground fault circuit interrupter receptacle, under the electrical specialty code and the Low-Rise Residential Dwelling Code.

�� (5) �Protective signaling� includes fire alarm, nurse call, burglar alarm, security and voice evacuation systems and other systems that are part of a fire or life safety system. [1991 c.529 �3; 1999 c.519 �1; 2001 c.728 �4; 2003 c.675 �45]

�� 479.910 Limited energy technician license; compliance with other laws; fees; continuing education. (1) Upon payment of an application or renewal fee, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who qualifies under ORS 479.915. A person licensed under this section may perform limited energy electrical activity except protective signaling as defined in ORS 479.905.

�� (2) A person licensed under this section shall comply with the permit and code compliance requirements under ORS 479.510 to 479.945.

�� (3) The application fee, and the renewal fee, for a Class B limited energy technician license are the same as those for a Class A limited energy technician license.

�� (4) The Electrical and Elevator Board shall establish continuing education requirements for persons licensed under this section, not to exceed 24 hours of classes every three years. [1991 c.529 �2; 1999 c.1031 �10; 2001 c.728 �5; 2003 c.14 �332; 2007 c.271 �6]

�� 479.915 Limited energy technician license requirements. (1) An applicant for a Class B limited energy technician license must:

�� (a) Submit proof satisfactory to the Electrical and Elevator Board that the person has:

�� (A) At least two years of experience as an apprentice in limited energy electrical activity; or

�� (B) At least two years of experience equivalent to an apprenticeship in limited energy electrical activity and completed a board-approved 32-hour training program; and

�� (b) Pass a written examination approved by the board and administered by the Department of Consumer and Business Services.

�� (2) An applicant for a Class A limited energy technician license must:

�� (a) Submit proof satisfactory to the board that the person has completed at least three years of experience as an apprentice, or the equivalent as determined by the board by rule, in a recognized branch of the electrical trade; and

�� (b) Pass a written examination prepared by the board and administered by the department.

�� (3) The board shall determine the adequacy of any training program for qualification under the requirements of this section and ORS 479.910 and section 1, chapter 728, Oregon Laws 2001.

�� (4) The department shall issue a Class A limited energy technician license to a person who qualifies under subsection (2) of this section and pays the required fees. [1991 c.529 �4; 2001 c.728 �6; 2007 c.548 �4]

�� 479.920 [1991 c.529 �5; repealed by 2001 c.728 �10]

�� 479.930 [1991 c.529 �6; 1993 c.497 �2; repealed by 2001 c.728 �10]

�� 479.940 Activities not subject to licensure under ORS 479.510 to 479.945; identification cards. (1) The licensure provisions of ORS 479.510 to 479.945 do not apply to the following activity on Class II and III systems in one and two family dwellings regulated under the Low-Rise Residential Dwelling Code:

�� (a) Prewiring of cable television and telephone systems owned by the owner of the residence;

�� (b) Garage door openers;

�� (c) Vacuum systems;

�� (d) Audio and stereo systems;

�� (e) HVAC;

�� (f) Landscape sprinkler controls;

�� (g) Landscape lighting; and

�� (h) Doorbells.

�� (2) The provisions of subsection (1) of this section apply only to residential contractors holding a current license and proper endorsement issued by the Construction Contractors Board.

�� (3)(a) The licensure provisions of ORS 479.510 to 479.945 do not apply to a landscape contracting business licensed under ORS 671.510 to 671.760 when making installations of landscape irrigation control wiring and outdoor landscape lighting involving a Class II or Class III system that does not exceed 30 volts and 750 volt-amperes.

�� (b) A landscape contracting business exempt from licensing under this subsection shall issue an identification card to its landscape irrigation control wiring or outdoor landscape lighting installer. The form for the identification card shall be provided by the State Landscape Contractors Board. The identification card shall include the name of the installer, the name and State Landscape Contractors Board identification number of the landscape contracting business and the date of issue of the identification card. The card shall be carried by the installer at the job site when performing the allowed electric installations.

�� (4) The licensure provisions of ORS 479.510 to 479.945 do not apply to limited energy electrical activity involving the installation, maintenance or repair of lottery equipment at retail locations by employees or vendors of the Oregon State Lottery Commission. The exemption provided by this subsection does not authorize work by unlicensed persons on systems of 115 volts or more.

�� (5) All nonlicensure requirements of ORS 479.510 to 479.945, including permits for and compliance with the electrical specialty code, apply to activities conducted under subsections (1) to (4) of this section. If any person or business repeatedly violates the permit or code compliance requirements, in addition to any other remedy, the Electrical and Elevator Board may suspend, condition or revoke a person�s or business�s right to use this provision. [1991 c.529 �7; 1999 c.402 �4; 2001 c.728 �7; 2003 c.14 �333; 2003 c.675 �46; 2007 c.385 �1; 2007 c.541 �5a; 2007 c.836 �46]

�� 479.943 Activities not subject to licensure under ORS 479.905 to 479.945. The licensure provisions of ORS

ORS 480.410

480.410 to 480.460 shall be paid by the State Fire Marshal to the State Treasurer monthly and shall constitute and be an appropriation to the Department of the State Fire Marshal available for the payment of salaries and expenses of deputies and clerical and other assistants of the State Fire Marshal. [Formerly part of 480.450; 1973 c.832 �18; 2021 c.539 �142]

BOILERS AND PRESSURE VESSELS

�� 480.510 Short title. ORS 480.510 to 480.670 may be cited as the Boiler and Pressure Vessel Law. [1961 c.485 �1; 1969 c.582 �1; 1983 c.676 �2]

�� 480.515 Definitions for ORS 480.510 to 480.670. As used in ORS 480.510 to 480.670, unless the context requires otherwise:

�� (1) �Alteration� means a change or addition to equipment, other than the ordinary repair or replacement of an existing part of the equipment.

�� (2) �Board� means the Board of Boiler Rules created under ORS 480.535.

�� (3) �Boiler� or �boilers� means:

�� (a) A closed vessel or vessels intended for the heating or vaporizing of liquids to be used externally to such vessel or vessels by the application of heat from combustible fuels, electricity or nuclear energy;

�� (b) Related appurtenances including but not limited to pressure piping directly connected and related to the safe operation of a boiler; and

�� (c) Pressure piping consisting of boiler or nonboiler external piping connected to a boiler, but not potable water nonboiler external piping.

�� (4) �Boiler external piping� has the meaning given the term in the 1986 Pressure Piping Code B 31.1, adopted by the American Society of Mechanical Engineers.

�� (5) �Certificate of competency� means a certificate issued under the provisions of ORS 480.565 (3).

�� (6) �Department� means the Department of Consumer and Business Services.

�� (7) �Director� means the Director of the Department of Consumer and Business Services.

�� (8) �Installation permit� means a permit issued by the department for the installation, alteration or repair of a boiler or pressure vessel.

�� (9) �Minimum safety standards� means the rules, regulations, formulae, definitions and interpretations for the safe construction, installation, operation and repair of boilers and pressure vessels either adopted by ORS 480.510 to 480.670 or adopted by the board, under ORS 480.510 to 480.670.

�� (10) �Nonboiler external piping� has the meaning given the term in the 1986 Pressure Piping Code B 31.1, adopted by the American Society of Mechanical Engineers.

�� (11) �Operating permit� means a permit issued by the department authorizing the operation of a boiler or pressure vessel.

�� (12) �Pressure vessel� means containers for the containment of pressure, either internal or external. This pressure may be obtained from an external source or by the application of heat from a direct or indirect source, or any combination thereof.

�� (13) �Related appurtenances� means any equipment instrumental to the safe operation of a boiler or pressure vessel.

�� (14) �Shop inspection� means an inspection at a boiler or pressure vessel manufacturing, construction or repair facility.

�� (15) �Temporary operation authorization� means an authorization issued by the department to operate a boiler or pressure vessel for a specified period pending the issuance of an operating permit. [1961 c.485 �3; 1969 c.582 �2; 1971 c.753 �58; 1973 c.830 �1; 1983 c.676 �3; 1987 c.414 �35; 1991 c.518 �2; 1993 c.744 �142; 2007 c.487 �3; 2009 c.696 �11]

�� 480.520 Purpose of ORS 480.510 to 480.670. The purpose of ORS 480.510 to 480.670 is to protect the safety of the people of Oregon and to protect property situated in Oregon from the hazard of fires and explosions caused by boilers and pressure vessels. To accomplish this purpose the Legislative Assembly intends by ORS 480.510 to 480.670 to provide a system:

�� (1) For determining where and by whom boilers and pressure vessels are being constructed, installed, repaired, used and operated.

�� (2) To ensure that only qualified persons do welding on boilers and on pressure vessels.

�� (3) To ensure that boilers and pressure vessels are manufactured, installed, repaired, operated, inspected and maintained so as to meet the minimum safety standards formulated and promulgated by the Board of Boiler Rules.

�� (4) For the administration and enforcement of ORS 480.510 to 480.670 by the Department of Consumer and Business Services and the board.

�� (5) To defray the cost of administration and the cost of enforcing ORS 480.510 to 480.670 by establishing fees to be charged for:

�� (a) Issuing operating permits;

�� (b) Issuing installation permits;

�� (c) Giving examinations; and

�� (d) Making inspections. [1961 c.485 �2; 1969 c.583 �3; 1983 c.676 �4; 2007 c.487 �4; 2009 c.696 �12]

�� 480.525 Exempt vessels; rules; fee. (1) ORS 480.510 to 480.670 do not apply to:

�� (a) Boilers and pressure vessels under federal safety regulations or control.

�� (b) Domestic water heaters designed for heating potable water, equipped with an approved pressure-relieving device, containing only water and that do not exceed a:

�� (A) Capacity of 120 gallons;

�� (B) Water temperature of 210 degrees Fahrenheit;

�� (C) Pressure of 150 pounds per square inch gauge pressure; or

�� (D) Heat input of 200,000 Btu per hour.

�� (c) Domestic water heaters designed to create hot water instantaneously on demand without the use of a storage tank.

�� (d) Pressure vessels containing liquefied petroleum gas that are under the jurisdiction of the State Fire Marshal. However, the construction and repair of the vessels must comply with ORS 480.510 to 480.670 and are under the jurisdiction of the Board of Boiler Rules.

�� (e) Air tanks used in the operation of brakes on self-propelled vehicles and trailers that are used for transporting freight or passengers.

�� (f) Medical sterilizers that do not exceed one and one-half cubic feet in volume.

�� (g) Pressure vessels that do not exceed one and one-half cubic feet in volume and:

�� (A) Are not operated at gauge pressure of more than 150 pounds per square inch;

�� (B) Are equipped with a relief valve;

�� (C) Are approved under the American Society of Mechanical Engineers code adopted by the board;

�� (D) Are set at a maximum pressure of 150 pounds per square inch or less; and

�� (E) Are located in a place of public assembly.

�� (h) Pressure vessels that do not exceed five cubic feet in volume and:

�� (A) Are not operated at gauge pressure of more than 150 pounds per square inch;

�� (B) Are equipped with a relief valve;

�� (C) Are approved under the American Society of Mechanical Engineers code adopted by the board; and

�� (D) Are set at a maximum pressure of 150 pounds per square inch or less.

�� (2) Notwithstanding subsection (1) of this section, if the board, upon presentation of satisfactory evidence, determines that danger to health or safety is evident in any pressure vessel or class of pressure vessels exempted under subsection (1)(g) of this section, the board may require the inspection or reinspection of the pressure vessel or class of pressure vessels and make the pressure vessel or class of pressure vessels subject to the fee, construction or other requirements of ORS 480.510 to 480.670.

�� (3) The following boilers and pressure vessels are exempt from ORS 480.510 to 480.670, except as to all provisions relating to construction, installation, alteration or repair and to installation permits:

�� (a) Boilers that are not operated at gauge pressures of more than 15 pounds per square inch and that are located on farms and used solely for agricultural purposes except when used in connection with a greenhouse.

�� (b) Air tanks located on farms and used solely for agricultural purposes.

�� (c) Boilers and pressure vessels that are located in private residences and may be inspected only by a boiler inspector.

�� (d) Pressure vessels being operated at gauge pressures of less than 15 pounds per square inch and equipped with a pressure relief device set to open at a pressure that does not exceed the lesser of the pressure vessel�s maximum allowed working pressure or 15 pounds per square inch gauge pressure.

�� (4)(a) Beverage service tanks that have a product volume of five cubic feet or less are exempt from ORS 480.510 to 480.670.

�� (b) Except as provided in paragraph (c) of this subsection, beverage service tanks that have a product volume of more than five cubic feet are exempt from ORS 480.510 to

ORS 488.600

488.600; 2019 c.192 �1]

�� 830.180 Use of motors prohibited on certain lakes; exceptions; rules. (1) Except as provided in subsections (2) and (3) of this section, a person may not use a motor for propelling a boat or for any purpose on the following named waters of this state:

Counties�� Lakes, Reservoirs and Rivers

Clackamas�� Trillium Lake

Deschutes�� Charlton, Devils, Irish, Lucky,

�� North and South Twin, Taylor,

�� Three Creek and Todd Lakes

Douglas�� Opal and Timpanagos Lakes

Hood River�� Lost Lake

Jackson�� Squaw Lakes

Jefferson�� Horseshoe, Dark and Olallie

�� Lakes, and on that portion of

�� the Deschutes River between

�� Pelton Dam and the Wasco

�� County line

Lane�� Gold Lake

Linn�� Clear Lake

Marion�� Breitenbush Lake

Wasco�� Frog Lake, and on that portion

�� of the Deschutes River

�� bordering the Warm Springs

�� Indian Reservation

�� (2) The following may use a motor to propel a boat on the named waters described in this section:

�� (a) Public bodies, as defined in ORS 174.109, that have jurisdiction of the named waters described in this section; and

�� (b) The federal government.

�� (3) A person not otherwise described in subsection (2) of this section may use a motor to propel a boat on a specific named water described in this section if:

�� (a) The motor is an electric motor operated at a maximum of slow-no wake speed as defined by the State Marine Board by rule; and

�� (b) The board adopts a rule authorizing the use described in paragraph (a) of this subsection on a specific named water described in this section. [Formerly 488.610; 2019 c.214 �1]

�� 830.185 Speed restrictions in certain areas. (1) A person may not operate a boat with an outboard or inboard motor at a speed in excess of 10 miles per hour during those hours of the day and on those days of the year that it is lawful to fish, on East Lake, Paulina Lake and Elk Lake in Deschutes County; Magone Lake in Grant County; Timothy Lake in Clackamas County; and Davis Lake in Deschutes and Klamath Counties.

�� (2) A person may not operate a boat with an outboard or inboard motor at a speed in excess of 10 miles per hour on the following named waters of this state located in the counties named:

Counties�� Lakes and Reservoirs

Clackamas�� On that portion of the waters of the reservoir known as North Fork Reservoir which lies upstream from a line drawn across the reservoir at right angles to the thread of the stream at a point 2.3 miles upstream from the North Fork Dam measured along the thread of the stream

Deschutes�� Hosmer, Lava, Little Cultus, Little Lava, Sparks Lakes and Crane Prairie Reservoir

Jefferson�� On that portion of the waters behind Pelton Dam, known as Lake Simtustus, which lies upstream from a line drawn across the lake at right angles to the thread of the stream at a point 0.85 miles upstream from the Pelton Dam measured along the thread of the stream

Klamath�� That portion of Upper Klamath Lake that lies west of a line beginning at a point on the north shore of Pelican Bay one-quarter mile east of Crystal Creek and extending due south to the opposite shore of the lake; any stream, creek or canal that leads into the portion of Upper Klamath Lake described above including Crystal Creek, Recreation Creek and Four-Mile Creek, also known as Harriman Creek

Linn�� Smith and Trailbridge Reservoirs

Wasco�� Clear Lake

�� (3)(a) The State Marine Board shall establish an appropriate decibel rating and speed restriction on Diamond Lake in Douglas County to allow recreational boating that is not limited to fishing. Recreational boating does not include operating a jet ski or similar personal watercraft. The speed established by the board:

�� (A) May not exceed 45 miles per hour between the hours of 9 a.m. and 6 p.m.;

�� (B) May not exceed 10 miles per hour between the hours of 6 p.m. and 9 a.m.; and

�� (C) Shall be restricted to 10 miles per hour at all times in any area within 200 yards of any boat ramp, boat dock, swimming area, inlet or outlet of the lake, designated campground or summer home.

�� (b) The board shall reduce the speed restriction on Diamond Lake to 10 miles per hour at all hours when the State Fish and Wildlife Director determines that the health of Diamond Lake is restored and the lake can be restocked for fishing. [Formerly

ORS 488.620

488.620; 1995 c.79 �383; 1999 c.252 �2; 2013 c.186 �3]

�� 830.187 Restrictions for Waldo Lake. (1) Except as provided in subsections (2) and (3) of this section, a person may not use a motor to propel a boat on Waldo Lake or use a seaplane to land on or take off from Waldo Lake.

�� (2) Subsection (1) of this section does not apply to the Department of State Police and any other public body, as defined in ORS 174.109, that has jurisdiction over the lake.

�� (3) Subsection (1) of this section does not apply to boats propelled by an electric motor when operated at a speed of less than 10 miles per hour. [2013 c.186 �2]

�� 830.190 Temporary suspension of speed restrictions. The governing body of a political subdivision of this state may apply to the State Marine Board for a temporary suspension of a speed restriction on a specific body of water within the territorial limits of the political subdivision and, after a hearing upon notice, the board may suspend the restriction, such suspension not to exceed 72 hours. [Formerly 488.625]

�� 830.195 Board to protect traditional boating uses and prevent user conflicts. In addition to any other authority to regulate boating activities pursuant to this chapter, the State Marine Board may regulate and restrict boating activities to protect traditional boating uses and to prevent boating user conflicts. [Formerly 488.880]

�� 830.200 County boat use permits. (1) Except as otherwise provided in this section, it is unlawful to operate a boat on the waters of this state if a county requires a boat use permit to do so and the operator of the boat has not obtained the permit.

�� (2) Notwithstanding the provisions of subsection (1) of this section, a resident of the State of Idaho may operate a boat on the waters of this state without a boat use permit. The provisions of this subsection do not become operative until laws, rules or regulations of the State of Idaho become operative that, in substance or effect, contain provisions which make lawful engaging in boating without obtaining a boat use permit or paying a fee to operate a boat. This subsection remains operative only while such laws, rules or regulations remain operative. [1991 c.590 �3]

EQUIPMENT REQUIREMENTS

�� 830.210 Operating improperly equipped boat prohibited. No person shall operate or give permission for another person to operate a boat which is not equipped as required under ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and

ORS 497.308

497.308.

�� (5) Nothing in this section affects any provision of ORS 498.164. [2011 c.284 �3]

WILDLIFE LAW VIOLATOR COMPACT

�� 496.750 Wildlife Law Violator Compact. The Wildlife Violator Compact is hereby enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:

ARTICLE I

FINDINGS, DECLARATION OF POLICY AND PURPOSE

�� (a) The party states find that:

�� (1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.

�� (2) The protection of their respective wildlife resources can be materially affected by the degree of compliance with state statute, law, regulation, ordinance or administrative rule relating to the management of those resources.

�� (3) The preservation, protection, management and restoration of wildlife contributes immeasurably to the aesthetic, recreational and economic aspects of these natural resources.

�� (4) Wildlife resources are valuable without regard to political boundaries, therefore, all persons should be required to comply with wildlife preservation, protection, management and restoration laws, ordinances and administrative rules and regulations of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap or possess wildlife.

�� (5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.

�� (6) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states.

�� (7) In most instances, a person who is cited for a wildlife violation in a state other than the person�s home state:

�� (i) Must post collateral or bond to secure appearance for a trial at a later date; or

�� (ii) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or

�� (iii) Is taken directly to court for an immediate appearance.

�� (8) The purpose of the enforcement practices described in paragraph (7) of this subdivision is to insure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person�s way after receiving the citation, could return to the person�s home state and disregard the person�s duty under the terms of the citation.

�� (9) In most instances, a person receiving a wildlife citation in the person�s home state is permitted to accept the citation from the officer at the scene of the violation and to immediately continue on the person�s way after agreeing or being instructed to comply with the terms of the citation.

�� (10) The practice described in paragraph (7) of this subdivision causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made.

�� (11) The enforcement practices described in paragraph (7) of this subdivision consume an undue amount of law enforcement time.

�� (b) It is the policy of the party states to:

�� (1) Promote compliance with the statutes, laws, ordinances, regulations and administrative rules relating to management of wildlife resources in their respective states.

�� (2) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a party state and treat this suspension as if it had occurred in their state.

�� (3) Allow violators to accept a wildlife citation, except as provided in subdivision (b) of Article III, and proceed on the violator�s way without delay whether or not the person is a resident in the state in which the citation was issued, provided that the violator�s home state is party to this compact.

�� (4) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.

�� (5) Allow the home state to recognize and treat convictions recorded for their residents which occurred in another party state as if they had occurred in the home state.

�� (6) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state.

�� (7) Maximize effective use of law enforcement personnel and information.

�� (8) Assist court systems in the efficient disposition of wildlife violations.

�� (c) The purpose of this compact is to:

�� (1) Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in subdivision (b) of this Article in a uniform and orderly manner.

�� (2) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the person�s right of due process and the sovereign status of a party state.

ARTICLE II

DEFINITIONS

�� As used in this compact, unless the context requires otherwise:

�� (a) �Citation� means any summons, complaint, ticket, penalty assessment or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond.

�� (b) �Collateral� means any cash or other security deposited to secure an appearance for trial, in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.

�� (c) �Compliance� with respect to a citation means the act of answering the citation through appearance at a court, a tribunal or payment of fines, costs and surcharges, if any, or both such appearance and payment.

�� (d) �Conviction� means a conviction, including any court conviction, of any offense related to the preservation, protection, management or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance or administrative rule, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, or payment of a penalty assessment, or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court.

�� (e) �Court� means a court of law, including Magistrate�s Court and Justice Court.

�� (f) �Home state� means the state of primary residence of a person.

�� (g) �Issuing state� means the party state which issues a wildlife citation to the violator.

�� (h) �License� means any license, permit or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing or taking any wildlife regulated by statute, law, regulation, ordinance or administrative rule of a party state.

�� (i) �Licensing authority� means the department or division within each party state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.

�� (j) �Party state� means any state which enacts legislation to become a member of this Wildlife Compact.

�� (k) �Personal recognizance� means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation.

�� (L) �State� means any state, territory or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada or other countries.

�� (m) �Suspension� means any revocation, denial or withdrawal of any or all license privileges, including the privilege to apply for, purchase or exercise the benefits conferred by any license.

�� (n) �Terms of the citation� means those conditions and options expressly stated upon the citation.

�� (o) �Wildlife� means all species of animals, including but not necessarily limited to mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans, which are defined as �wildlife� and are protected or otherwise regulated by statute, law, regulation, ordinance or administrative rule in a party state. Species included in the definition of �wildlife� vary from state to state and determination of whether a species is �wildlife� for the purposes of this compact shall be based on local law.

�� (p) �Wildlife law� means any statute, law, regulation, ordinance or administrative rule developed and enacted to manage wildlife resources and the use thereof.

�� (q) �Wildlife officer� means any individual authorized by a party state to issue a citation for a wildlife violation.

�� (r) �Wildlife violation� means any cited violation of a statute, law, regulation, ordinance or administrative rule developed and enacted to manage wildlife resources and the use thereof.

ARTICLE III

PROCEDURES FOR ISSUING STATE

�� (a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions contained in subdivision (b) of this Article, if the officer receives the person�s personal recognizance that the person will comply with the terms of the citation.

�� (b) Personal recognizance is acceptable:

�� (1) If not prohibited by local law or the compact manual; and

�� (2) If the violator provides adequate proof of the violator�s identification to the wildlife officer.

�� (c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain the information specified in the compact manual as minimum requirements for effective processing by the home state.

�� (d) Upon receipt of the report of conviction or noncompliance required by subdivision (c) of this Article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content as contained in the compact manual.

ARTICLE IV

PROCEDURES FOR HOME STATE

�� (a) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home state�s suspension procedures and shall suspend the violator�s license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded.

�� (b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as if it occurred in the home state for the purposes of the suspension of license privileges.

�� (c) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in the compact manual.

ARTICLE V

RECIPROCAL RECOGNITION

OF SUSPENSION

�� All party states shall recognize the suspension of license privileges of any person by any state as if the violation on which the suspension is based had in fact occurred in their state and could have been the basis for suspension of license privileges in their state.

ARTICLE VI

APPLICABILITY OF OTHER LAWS

�� Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.

ARTICLE VII

COMPACT ADMINISTRATOR

PROCEDURES

�� (a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each of the party states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each party state and will serve and be subject to removal in accordance with the laws of the state the administrator represents. A compact administrator may provide for the discharge of the administrator�s duties and the performance of the administrator�s functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of the alternate�s identity has been given to the board.

�� (b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action by the board shall be only at a meeting at which a majority of the party states are represented.

�� (c) The board shall elect annually, from its membership, a chairperson and vice-chairperson.

�� (d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and shall have the power to amend and rescind its bylaws.

�� (e) The board may accept for any of its purposes and functions under this compact all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States or any governmental agency, and may receive, utilize and dispose of the same.

�� (f) The board may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation or any private nonprofit organization or institution.

�� (g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual.

ARTICLE VIII

ENTRY INTO COMPACT

AND WITHDRAWAL

�� (a) This compact shall become effective when it has been adopted by at least two states.

�� (b) (1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairperson of the board.

�� (2) The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows:

�� (i) A citation of the authority by which the state is empowered to become a party to this compact;

�� (ii) Agreement to comply with the terms and provisions of the compact; and

�� (iii) That compact entry is with all states then party to the compact and with any state that legally becomes a party to the compact.

�� (3) The effective date of entry shall be specified by the applying state, but shall not be less than 60 days after notice has been given by the chairperson of the board of the compact administrators or by the secretariat of the board to each party state that the resolution from the applying state has been received.

�� (c) A party state may withdraw from this compact by official written notice to the other party states, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal shall affect the validity of this compact as to the remaining party states.

ARTICLE IX

AMENDMENTS TO THE COMPACT

�� (a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and may be initiated by one or more party states.

�� (b) Adoption of an amendment shall require endorsement by all party states and shall become effective 30 days after the date of the last endorsement.

�� (c) Failure of a party state to respond to the compact chairman within 120 days after receipt of the proposed amendment shall constitute endorsement.

ARTICLE X

CONSTRUCTION AND SEVERABILITY

�� This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

ARTICLE XI

TITLE

�� This compact shall be known as the Wildlife Violator Compact.

[1989 c.1056 �2]

PERMIT FOR WATER FOR HYDROELECTRIC PURPOSES

�� 496.815 Definitions for ORS 496.815 to 496.825. As used in ORS 496.815 to 496.825:

�� (1) �Department� means the State Department of Fish and Wildlife.

�� (2) �Director� means the State Fish and Wildlife Director.

�� (3) �Person� means an individual, corporation, association, firm, partnership, joint stock company, municipal corporations and all other political subdivisions of the State of Oregon. The federal government or any of its agencies are specifically excluded. [1985 c.674 �1]

�� 496.820 Permit or license fee. (1) Any person applying for a permit to appropriate water for hydroelectric purposes under ORS 537.150 to 537.252 or any person applying for a preliminary permit or license under ORS 543.010 to 543.610 shall pay an administration fee of $350 to the State Department of Fish and Wildlife.

�� (2) If a person pays the administration fee under subsection (1) of this section at the time the person applies for a preliminary permit under ORS 543.210, the person shall not also be required to pay the fee when applying for a license for the same project under ORS 543.010 to 543.610. [1985 c.674 �2]

�� 496.825 Application fee; exception. (1) In addition to any other fee required by law, at the time the person applies to the Water Resources Department for a license to operate a hydroelectric project under ORS 543.010 to 543.610 or for a permit to appropriate water for hydroelectric purposes under ORS 537.150 to 537.230, the person shall pay to the State Fish and Wildlife Director an application fee the amount of which shall be the greater of:

�� (a) $1,000; or

�� (b) Thirty-five cents for each kilowatt of proposed capacity of the project.

�� (2) The director shall postpone the payment of the fee under subsection (1) of this section for a permit to appropriate water under ORS 537.150 to 537.230 until the person submits final plans and specifications for the project to the Water Resources Department under ORS 537.150.

�� (3) Subsection (1) of this section shall not apply to any applicant for a permit or license for a project producing 100 theoretical horsepower or less. [1985 c.674 �3]

�� 496.830 Penalty fee. A person who fails to pay the fee required under section 4, chapter 674, Oregon Laws 1985, or the assessment under section 5, chapter 674, Oregon Laws 1985, or ORS 543.265 on the due date shall pay in addition to the assessed amount due, a penalty in the amount of one percent of the fee per month for the period that the fee is past due. The State Fish and Wildlife Director may bring an action to collect an unpaid fee or assessment in the name of the State of Oregon in the Circuit Court of Marion County or the circuit court of the county in which the project is located. The director shall be entitled to recover all costs and attorney fees incurred in the legal action. [1985 c.674 �7]

�� 496.835 Oregon Fish and Wildlife Hydroelectric Fund. (1) There is created within the State Treasury a revolving fund known as the Oregon Fish and Wildlife Hydroelectric Fund, separate and distinct from the General Fund. The moneys in this fund are continuously appropriated for use by the State Department of Fish and Wildlife in its activities related to hydroelectric projects including payment of necessary administrative expenses.

�� (2) The fund created by subsection (1) of this section shall consist of all moneys received under sections 4 and 5, chapter 674, Oregon Laws 1985, ORS 496.820 and 496.825 and moneys transferred from the Water Resources Department Hydroelectric Fund as provided in ORS 536.015.

�� (3) Moneys in the fund may be invested as provided in ORS 293.701 to 293.857. Interest from any source derived from the investment of the moneys of the fund shall be credited to the fund. [1985 c.674 �8; 1991 c.869 �3]

MISCELLANEOUS

�� 496.850 Community outreach and education regarding recreational harvesting of shellfish. (1) The State Department of Fish and Wildlife shall establish and administer a program for community outreach and education to provide residents of this state with guidance and instruction regarding opportunities for the recreational harvesting of shellfish. The department shall make information readily available to schools and members of the public through:

�� (a) Internet or other electronic means;

�� (b) Regulatory signs;

�� (c) Brochures, maps and other printed material;

�� (d) Workshops and clinics; and

�� (e) Special outreach events.

�� (2) In carrying out the program described in subsection (1) of this section, the department shall cooperate with Indian tribes and the Department of State Police in efforts to enhance the enforcement of commercial and recreational shellfish catch limits. [2019 c.654 �6]

�� Note: 496.850 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.860 Authorization to remove nonindigenous aquatic species. Notwithstanding ORS 498.042 and

ORS 498.072

498.072, is the amount of damages as specified in ORS 498.073.

�� (5) When the value of property cannot reasonably be ascertained, it shall be presumed to be an amount less than $100 in a case of theft, and less than $500 in any other case.

�� (6) The value of single theft transactions may be added together if the thefts were committed against the same or multiple victims within a one-year period. [1971 c.743 �131; 1987 c.907 �6; 1993 c.680 �22; 1997 c.867 �18; 2011 c.363 �2; 2019 c.399 �5; 2022 c.9 �7; 2023 c.151 �6]

�� Note: See note under 164.005.

�� 164.125 Theft of services. (1) A person commits the crime of theft of services if:

�� (a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or

�� (b) Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, the person uses or diverts to the use of the person or a third person such labor, equipment or facilities with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled.

�� (2) As used in this section, �services� includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. �Communication service� includes, but is not limited to, use of telephone, computer and cable television systems.

�� (3) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment therefor. Obtaining the use of any communication system the use of which is available only for compensation, including but not limited to telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor.

�� (4) The value of single theft transactions may be added together if the thefts were committed:

�� (a) Against multiple victims by a similar means within a 30-day period; or

�� (b) Against the same victim, or two or more persons who are joint owners, within a 180-day period.

�� (5) Theft of services is:

�� (a) A Class C misdemeanor if the aggregate total value of services that are the subject of the theft is less than $100;

�� (b) A Class A misdemeanor if the aggregate total value of services that are the subject of the theft is $100 or more and less than $1,000;

�� (c) A Class C felony if the aggregate total value of services that are the subject of the theft is $1,000 or more; and

�� (d) A Class B felony if the aggregate total value of services that are the subject of the theft is $10,000 or more. [1971 c.743 �133; 1973 c.133 �1; 1985 c.537 �1; 1987 c.907 �8; 1993 c.680 �21; 2009 c.16 �4]

�� 164.130 Application of ORS 164.125 to telephone or telegraph services; jurisdiction. (1) ORS 164.125 shall apply when the telephone or telegraph communication involved either originates or terminates, or both originates and terminates, in this state, or when the charges for service would have been billable, in normal course, by a person providing telephone or telegraph service in this state, but for the fact that the charge for service was avoided, or attempted to be avoided by one or more of the means set forth in ORS 164.125.

�� (2) Jurisdiction of an offense under ORS 164.125 is in the jurisdictional territory where the telephone or telegraph communication involved in the offense originates or where it terminates, or the jurisdictional territory to which the bill for the service is sent or would have been sent but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in ORS 164.125. [1973 c.133 �3]

�� 164.132 Unlawful distribution of cable television equipment. (1) A person commits the crime of unlawful distribution of cable television equipment if the person knowingly manufactures, imports into this state, distributes, sells, offers for sale, rental or use, possesses for sale, rental or use, or advertises for sale, rental or use, any device designed to make available the unauthorized reception of cable television signals.

�� (2) Unlawful distribution of cable television equipment is a Class B misdemeanor. [1985 c.537 �3]

�� 164.135 Unauthorized use of a vehicle. (1) A person commits the crime of unauthorized use of a vehicle when:

�� (a)(A) The person knowingly takes, operates, exercises control over or otherwise uses another�s vehicle, boat or aircraft;

�� (B) The person is aware of and consciously disregards a substantial and unjustifiable risk that the owner of the vehicle, boat or aircraft does not consent to the taking, operation or other use of, or the exercise of control over, the vehicle, boat or aircraft; and

�� (C) The owner of the vehicle, boat or aircraft did not consent to the taking, operation or other use of, or the exercise of control over, the vehicle, boat or aircraft;

�� (b)(A) The person knowingly rides in another�s vehicle, boat or aircraft;

�� (B) The person knows that the owner of the vehicle, boat or aircraft does not consent to the person�s riding in the vehicle, boat or aircraft; and

�� (C) The owner or an authorized user of the vehicle, boat or aircraft did not consent to the person�s riding in the vehicle, boat or aircraft;

�� (c) Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person�s own purpose in a manner constituting a gross deviation from the agreed purpose; or

�� (d) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.

�� (2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.

�� (3) Subsection (1)(a) and (b) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by an authorized operator within the scope of the operator�s employment. [1971 c.743 �134; 2001 c.851 �1; 2007 c.71 �50; 2019 c.530 �1]

�� 164.138 Criminal possession of a rented or leased motor vehicle. (1) A person commits the offense of criminal possession of a rented or leased motor vehicle if:

�� (a) After renting a motor vehicle from a commercial renter of motor vehicles under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, the person fails to return the motor vehicle as specified, is thereafter served in accordance with subsection (2) of this section with a written demand to return the motor vehicle and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand; or

�� (b) After leasing a motor vehicle from a commercial lessor of motor vehicles under a written agreement that provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served with a written demand to return the motor vehicle in accordance with subsection (2) of this section and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand.

�� (2)(a) Service of written demand under this section shall be accomplished by delivery through any commercial overnight service that can supply a delivery receipt. The demand shall be sent to the person who obtained the motor vehicle by rental or lease at the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the motor vehicle is returned.

�� (b) The person shall be considered to have refused the written demand if the commercial delivery service determines that the demand is not deliverable to the person at the address or addresses provided by the person.

�� (3) A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of a rented or leased motor vehicle.

�� (4) Criminal possession of a rented or leased motor vehicle is a Class C felony. [2007 c.684 �1]

�� Note: 164.138 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 164.140 Criminal possession of rented or leased personal property. (1) A person is guilty of criminal possession of rented or leased personal property if:

�� (a) After renting an item of personal property from a commercial renter of personal property under a written agreement which provides for the return of the item to a particular place at a particular time, the person fails to return the item as specified, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand; or

�� (b) After leasing an item of personal property from a commercial lessor of personal property under a written agreement which provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand.

�� (2) Service of written demand under this section shall be accomplished by certified mail sent to the person who obtained the item of personal property by rental or lease, sent to the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the item of personal property is returned.

�� (3) A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of rented or leased personal property.

�� (4) For purposes of this section, the value of property shall be ascertained as provided in ORS

ORS 498.351

498.351 in 1995]

�� 498.270 [Repealed by 1959 c.352 �5]

�� 498.272 [Formerly 498.145; repealed by 1973 c.723 �130]

�� 498.274 [1973 c.723 �102; 1987 c.488 �4; 1995 c.426 �9; renumbered 498.346 in 1995]

�� 498.275 [Repealed by 1959 c.352 �5]

�� 498.276 [1991 c.858 �9; renumbered 498.336 in 1995]

ANGLING CONTESTS

�� 498.279 Black bass and walleye angling contests; rules. (1) A person, or group of persons, may conduct, sponsor and participate in any competition or contest in which prizes are offered for the amount, quality, size, weight or other physical characteristics of black bass or walleye, provided that the rules of a competition or contest are prepared and distributed by the sponsors to the contestants and are administered and enforced by the sponsors. Except as provided in subsection (2) of this section, such rules shall include, but are not limited to:

�� (a) A requirement that the contestants use aerated live wells or other equipment so that all reasonable efforts are made to maintain the fish taken in a live and healthy condition.

�� (b) A requirement that all fish caught that are in a healthy condition are immediately returned to the water where they were caught, after weighing. Black bass may be turned over to the State Department of Fish and Wildlife for restocking.

�� (c) A requirement that bass tournament contestants use only artificial or other such prepared baits.

�� (2) The State Department of Fish and Wildlife may waive any of the requirements described in subsection (1) of this section if the department determines that limiting a population of black bass or walleye in a body of water would benefit native fish species or the ecological health of the body of water.

�� (3) As used in this section, �black bass� means largemouth bass, smallmouth bass, redeye bass, spotted bass and all other basses of the genus Micropterus.

�� (4) The State Fish and Wildlife Commission may adopt rules to limit the number of contests and participants, determine the location of contests and prescribe other terms and conditions regarding the conduct of contests under this section. [1981 c.510 �3; 1985 c.562 �1; 1987 c.299 �1; 2001 c.186 �1; 2023 c.48 �1]

�� 498.280 [Repealed by 1973 c.723 �130]

�� 498.284 [1989 c.373 �2; repealed by 2001 c.186 �3]

�� 498.285 [Repealed by 1973 c.723 �130]

�� 498.286 Prize limitation. (1) Except as provided in subsection (2) of this section and ORS 498.279, no person shall conduct, sponsor or participate in any competition or contest in which any prize of a retail value of more than $1,000 is offered for the amount, quality, size, weight or other physical characteristic of game fish taken.

�� (2) When a prize is offered that exceeds $1,000 for the amount, quality, size, weight or other physical characteristic of a game fish taken, the State Fish and Wildlife Commission, by rule, may limit the number of contests and participants, determine the location of contests and prescribe other terms and conditions regarding the conduct of contests. [1989 c.373 �4; 1997 c.12 �1; 2001 c.186 �2]

�� 498.290 [1961 c.129 �1; repealed by 1973 c.723 �130]

�� 498.295 [Repealed by 1957 c.235 �1]

�� 498.300 [Repealed by 1959 c.352 �5]

SCREENING AND BY-PASS DEVICES FOR WATER DIVERSIONS OR OBSTRUCTIONS

�� 498.301 Policy. It is the policy of the State of Oregon to prevent appreciable damage to game fish populations or populations of nongame fish that are classified as sensitive species, threatened species or endangered species by the State Fish and Wildlife Commission as the result of the diversion of water for nonhydroelectric purposes from any body of water in this state. [1993 c.478 �2]

�� 498.305 [Repealed by 1959 c.352 �5]

�� 498.306 Screening or by-pass devices for water diversions; fees; costs. (1) Any person who diverts water from any body of water in this state in which any fish, subject to the State Fish and Wildlife Commission�s regulatory jurisdiction, exist may be required to install, operate and maintain screening or by-pass devices to provide adequate protection for fish populations present at the water diversion in accordance with the provisions of this section.

�� (2)(a) The State Department of Fish and Wildlife shall establish a cost-sharing program to implement the installation of screening or by-pass devices on not less than 150 water diversions or 150 cubic feet per second of diverted water per biennium. The department shall select the water diversions to be screened from the priority listing of diversions established by the department and reviewed by the Fish Screening Task Force. The installation of a screening or by-pass device may be required only if:

�� (A) The water diversion is 30 cubic feet per second or more;

�� (B) A new water right is issued for the water diversion;

�� (C) The point of water diversion is transferred as described in ORS 540.525;

�� (D) Fewer than 150 persons per biennium volunteer to request such installation on the diversions for which they are responsible; or

�� (E) The Fish Screening Task Force has reviewed and approved the department�s request to require installation of screening or by-pass devices in order to complete the screening of a stream system or stream reach.

�� (b) The limitations on the number of diversions or cubic feet per second of diverted water to be screened as provided in this section do not prevent the installation of screening and by-pass devices for diversions by persons responsible for diversions who are willing to pay the full cost of installing screening and by-pass devices.

�� (c) Cost-sharing program funds may not be provided under this subsection for screening or by-pass devices on a water diversion involving water rights issued on or after January 1, 1996, unless the Fish Screening Task Force finds there is good cause to allow an exception. The department shall give preference to diversions of 30 cubic feet per second or less when making cost-sharing program funds available.

�� (3) When selecting diversions to be equipped with screening or by-pass devices, the department shall attempt to solicit persons who may volunteer to request the installation of such devices on the diversions for which they are responsible. When selecting diversions to be equipped with screening or by-pass devices, the department shall select those diversions that will provide protection to the greatest number of indigenous naturally spawning fish possible.

�� (4) If the department constructs and installs the screening or by-pass device, a fee shall be assessed against the person responsible for the diversion in an amount that does not exceed 40 percent of the construction and installation costs of the device. The fee shall be paid into the Fish Screening Subaccount. If the person responsible for the diversion constructs and installs the by-pass or screening device, the person shall be reimbursed from the Fish Screening Subaccount or other state funds in an amount that does not exceed 60 percent of the actual construction and installation costs of the device.

�� (5) The department�s cost of major maintenance and repair of screening or by-pass devices shall be paid from the Fish Screening Subaccount.

�� (6) The department is responsible for major maintenance and repair of screening or by-pass devices at water diversions of less than 30 cubic feet per second, and if failure by the department to perform major maintenance on or repair such devices results in damage or blockage to the water diversion on which a device has been installed, the person responsible for the water diversion shall give written notice of such damage or blockage to the department. If within seven days of the notice, the department fails to take appropriate action to perform major maintenance on or repair the device, and to repair any damage that has occurred, the person responsible for the water diversion may remove the device. If an emergency exists that will result in immediate damage to livestock or crops, the person responsible for the water diversion may remove the screening or by-pass device. A person required to comply with this section is responsible for minor maintenance and shall, in a timely manner, notify the department of the need for activities associated with major maintenance.

�� (7) A person who diverts water at a rate of 30 cubic feet per second or more is responsible for all maintenance of an installed screening or by-pass device.

�� (8) A person required to comply with this section may design, construct and install screening or by-pass devices adequate to prevent fish from leaving the body of water and entering the diversion or may request the department to design, construct and install such devices. However, if a person required to comply with this section fails to comply within 180 days after notice to comply by the department, the department shall design, install, operate and maintain on that person�s water diversion appropriate screening or by-pass devices and shall charge and collect from the person the actual costs thereof in an amount not to exceed the average cost for diversions of that size.

�� (9) If the diversion requiring screening or by-pass devices is located on public property, the department shall obtain from the property owner approval or permits necessary for such devices. Activities of the department pursuant to this section may not interfere with existing rights of way or easements of the person responsible for the diversion.

�� (10)(a) The department or its agent has the right of ingress and egress to and from those places where screening or by-pass devices are required, doing no unnecessary injury to the property of the landowner, for the purpose of designing, installing, inspecting, performing major maintenance on or repairing such devices.

�� (b) If a screening or by-pass device installed by the department must be removed or replaced due to inadequate design or faulty construction, the person responsible for the diversion shall bear no financial responsibility for its replacement or reconstruction.

�� (c) If a screening or by-pass device installed by the person responsible for the diversion must be removed or replaced due to faulty construction, the person shall bear full financial responsibility for its replacement or reconstruction.

�� (d) If the person responsible for a diversion on which a screening or by-pass device is installed fails to conduct appropriate inspection and minor maintenance, the department may perform such activities and charge and collect from the person responsible a fee not to exceed $150 for each required visit to the location of the screening or by-pass device.

�� (e) If the department determines that a person must install, operate, maintain, repair or replace a screening or by-pass device under this section, the department shall notify the person, by registered mail, of the specific action the person is required to take. The person may request a contested case hearing before the State Fish and Wildlife Commission, to be conducted as provided in ORS chapter 183.

�� (11) A person may not interfere with, tamper with, damage, destroy or remove in any manner not associated with regular and necessary maintenance procedures any screening or by-pass devices installed pursuant to this section.

�� (12) The department may maintain an action to cover any costs incurred by the department when a person who is required to comply with this section fails to comply. Such action shall be brought in the circuit court for the county in which the screening or by-pass device is located.

�� (13) Upon receiving notice from the department to comply with this section, a person responsible for a water diversion may be excused from compliance if the person demonstrates to the Fish Screening Task Force that:

�� (a) The installation and operation of screening or by-pass devices would not prevent appreciable damage to the fish populations in the body of water from which water is being diverted.

�� (b) Installation and operation of screening or by-pass devices would not be technically feasible.

�� (c) Installation of screening or by-pass devices would result in undue financial hardship.

�� (14)(a) Not later than January 1, 1996, the department, with the assistance of the Fish Screening Task Force and the Water Resources Department, shall establish and publish an updated priority listing of 3,500 water diversions in the state that should be equipped with screening or by-pass devices. Changes may be made to the list whenever deletions are made for any reason. The priority listing shall include the name and address of the person currently responsible for the water diversion, the location of the diversion, size of the diversion, type of screening or by-pass device required, estimated costs for construction and installation of screening or by-pass devices for the individual diversion and species of fish present in the water body. When developing the priority listing, the department shall base priorities for the installation of screening or by-pass devices on unscreened diversions on the following criteria:

�� (A) Fish species status.

�� (B) Fish numbers.

�� (C) Fish migration.

�� (D) Diversion size.

�� (E) Diversion amount.

�� (F) Any other criteria that the department, in consultation with the Fish Screening Task Force, considers appropriate.

�� (b) Criteria identified in this subsection shall be given appropriate consideration by the department when updating its priority listing. The priority listing will be updated to give the highest priority to those diversions that save the greatest number of fish and simultaneously protect the greatest number of threatened or endangered fish species.

�� (c) After the priority listing has been updated, the persons responsible for the diversions on the list shall be notified that their diversions appear on the list. Such persons also shall be furnished a description of the fish screening cost-sharing program.

�� (d)(A) The department shall notify, by means of registered mail, each person responsible for the first 250 diversions on the priority listing on or before January 1, 1996. The department shall furnish information regarding the fish screening cost-sharing program to each person responsible for a diversion included in the first 250 diversions on the priority listing on or before January 1, 1996. A person may not be required to install a screening or by-pass device unless previously notified by the department of the requirement to install such devices.

�� (B) On January 1 of each even-numbered year, the department shall notify each person responsible for a diversion included in the first 250 diversions on the priority listing. However, the department is not required to notify in a subsequent year any person previously notified. The department shall include with such notification information regarding the fish screening cost-sharing program.

�� (C) Before any person is required to install a screening or by-pass device, the department shall confirm the need for the device through a visual, on-site inspection by appropriate staff of the fish screening division of the department, or a district biologist of the department.

�� (15) As used in this section:

�� (a) �Behavioral barrier� means a system that utilizes a stimulus to take advantage of natural fish behavior to attract or repel fish. A behavioral barrier does not offer a physical impediment to fish movement, but uses such means as electricity, light, sound or hydraulic disturbance to move or guide fish.

�� (b) �Body of water� includes but is not limited to irrigation ditches, reservoirs, stock ponds and other artificially created structures or impoundments.

�� (c) �By-pass device� means any pipe, flume, open channel or other means of conveyance that transports fish back to the body of water from which the fish were diverted but does not include fishways or other passages around a dam.

�� (d) �Fish screen� means a screen, bar, rack or other barrier, including related improvements necessary to ensure its effective operation, to provide adequate protection for fish populations present at a water diversion.

�� (e) �Major maintenance� means all maintenance work done on a screening or by-pass device other than minor maintenance.

�� (f) �Minor maintenance� means periodic inspection, cleaning and servicing of screening or by-pass devices at such times and in such manner as to ensure proper operation of the screening or by-pass device.

�� (g) �Person� means any person, partnership, corporation, association, municipal corporation, political subdivision or governmental agency.

�� (h) �Screening device� means a fish screen or behavioral barrier. [1991 c.858 �2; 1993 c.478 �4; 1995 c.426 �1; 2005 c.22 �370; 2007 c.625 �1]

�� 498.310 [Repealed by 1973 c.723 �130]

�� 498.311 [Formerly 498.248; repealed by 2007 c.625 �16]

�� 498.315 [Repealed by 1973 c.723 �130]

�� 498.316 Exemption from screening or by-pass devices. ORS 498.306 does not require the installation of screening or by-pass devices in those water diversions for which the State Fish and Wildlife Commission, by contract or other form of agreement with the person diverting the water, has made such other provision as the commission determines is adequate for the protection of the game fish in the body of water from which water is being diverted. [Formerly 498.262; 2007 c.625 �6]

�� 498.321 Screening or by-pass standards. (1) In order to carry out the provisions of ORS 498.301 and 498.306, the following minimum standards and criteria apply to actions of the State Fish and Wildlife Commission and the State Department of Fish and Wildlife with regard to fish screening or by-pass devices:

�� (a) Standards and criteria shall address the overall level of protection necessary at a given water diversion and may not favor one technology or technique over another.

�� (b) Standards and criteria shall take into account at least the following factors relating to the fish populations present at a water diversion:

�� (A) The source of the population, whether native or introduced and whether hatchery or wild.

�� (B) The status of the population, whether endangered, threatened or sensitive.

�� (c) Standards and criteria may take into account the cumulative effects of other water diversions on the fish populations being protected.

�� (d) Design and engineering recommendations shall consider cost-effectiveness.

�� (e) Alternative design and installation proposals must be approved if they can be demonstrated to provide an equal level of protection to fish populations as those recommended by the department.

�� (2) In order to maximize effectiveness and promote consistency relating to the protection of fish at nonhydroelectric water diversions, the department shall establish a single organizational entity to administer all agency activities related to fish screening and by-pass devices.

�� (3) The department shall emphasize cooperative effort and mutual understanding with those responsible for water diversions that need fish screening or by-pass devices.

�� (4) The department shall aggressively investigate and encourage the development of new technologies and techniques to provide protection for fish populations at water diversions in order to reduce initial costs, reduce operating costs and improve cost-effectiveness. [1993 c.478 �3; 2005 c.22 �371]

�� 498.326 Department guidelines for screening and by-pass projects; expenditure of funds. (1) The State Department of Fish and Wildlife shall establish guidelines to determine the need for and location of potential fish screening and by-pass projects. The guidelines shall include a plan to be used for determining priorities for and expected costs of installing and maintaining the fish screening and by-pass devices.

�� (2) Nothing in subsection (1) of this section is intended to prevent the State Department of Fish and Wildlife from expending federal or other funds if such funds become available for the installation and maintenance of fish screening and by-pass projects. [Formerly 498.256]

�� Note: 498.326 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 498.331 [1993 c.478 �11; 1995 c.426 �18; 2001 c.822 �9; repealed by 2007 c.625 �16]

�� 498.336 Statutes not construed to limit ability to acquire funding for screening or by-pass devices. Nothing in ORS 498.306 or 509.585 shall be construed:

�� (1) To limit the eligibility of a person required to install and operate screening or by-pass devices to obtain funding from the Water Development Fund pursuant to ORS

ORS 501.540

501.540�� Multnomah-Clackamas Wildlife Refuge

�� 501.005 Closure of hunting season for fire danger. (1) The Governor by proclamation may suspend any season established by the State Fish and Wildlife Commission for hunting when the Governor determines that hunting may result in extreme fire danger in any part of the state.

�� (2) The suspension referred to in subsection (1) of this section may be applicable in all or any portion of this state, and shall be effective for a specified or indeterminate period until it appears to the Governor that the possible excessive fire danger no longer exists. A suspension for an indeterminate period shall be terminated by proclamation of the Governor.

�� (3) No person shall hunt during a period when or in an area where the appropriate season has been suspended pursuant to this section. [1973 c.723 �104]

�� 501.010 [Repealed by 1973 c.723 �130]

�� 501.015 Hunting or trapping on refuge prohibited. Except as the State Fish and Wildlife Commission by rule may provide otherwise, no person shall hunt or trap any wildlife on any wildlife refuge created by any law of this state or any rule promulgated pursuant thereto. [1973 c.723 �105]

�� 501.020 [Amended by 1955 c.63 �1; repealed by 1973 c.723 �130]

�� 501.025 Authority to manage supply or condition of wildlife on refuge. Notwithstanding any restrictions to the contrary regarding the uses of any wildlife refuge created by any law of this state or any rule promulgated pursuant thereto, the State Fish and Wildlife Commission may authorize the hunting or trapping of wildlife on any such wildlife refuge when the commission determines that such action is necessary to properly manage the supply or condition of the wildlife on such refuge. [1973 c.723 �106]

�� 501.030 [Repealed by 1973 c.723 �130]

�� 501.035 Posting signs around refuge; defacing or alteration of signs prohibited. (1) When any wildlife refuge is created by the laws of this state or any rule promulgated thereto, the State Fish and Wildlife Commission shall post signs around the boundary of the refuge giving notice of restrictions on hunting or trapping of wildlife on the refuge and on such other uses of the refuge as are specified by law or rule.

�� (2) No person shall remove, deface, alter or destroy any sign referred to in subsection (1) of this section. [1973 c.723 �107]

�� 501.040 [Repealed by 1973 c.723 �130]

�� 501.045 Contracts to establish refuges on private lands. The State Fish and Wildlife Commission may enter into contracts with the owners of land for the purpose of establishing a wildlife refuge on the land. The contract shall be for such period and shall contain such terms, conditions and restrictions regarding the hunting and trapping of wildlife and other uses of the land as the commission considers appropriate to properly manage the supply and condition of the wildlife on the land. [1973 c.723 �108]

�� 501.050 [Repealed by 1973 c.723 �130]

�� 501.060 [Repealed by 1973 c.723 �130]

�� 501.070 [Repealed by 1973 c.723 �130]

�� 501.080 [Repealed by 1973 c.723 �130]

�� 501.090 [Repealed by 1973 c.723 �130]

�� 501.100 [Repealed by 1973 c.723 �130]

�� 501.110 [Repealed by 1973 c.723 �130]

�� 501.120 [Repealed by 1973 c.723 �130]

�� 501.130 [Repealed by 1973 c.723 �130]

�� 501.140 [Repealed by 1973 c.723 �130]

�� 501.150 [Repealed by 1973 c.723 �130]

�� 501.210 [Repealed by 1973 c.723 �130]

�� 501.220 [Repealed by 1973 c.723 �130]

�� 501.230 [Repealed by 1973 c.723 �130]

�� 501.240 [Repealed by 1973 c.723 �130]

�� 501.250 [Repealed by 1973 c.723 �130]

�� 501.260 [Repealed by 1973 c.723 �130]

�� 501.270 [Repealed by 1973 c.723 �130]

�� 501.280 [Repealed by 1973 c.723 �130]

�� 501.290 [Repealed by 1973 c.723 �130]

�� 501.300 [Repealed by 1973 c.723 �130]

�� 501.400 Columbia River Wildlife Refuge. There is created a wildlife refuge within the following described area: Beginning at the railroad bridge at Celilo in Wasco County; thence easterly along the railroad right of way to Boardman; thence due north to the center of the Columbia River (Washington State Line); thence westerly down the center of the Columbia River to a point due north of the point of beginning; thence south to the point of beginning. [Formerly 498.205]

�� 501.405 Deschutes River Wildlife Refuge. There is created a wildlife refuge within the area that includes any island or sandbar along or in the Deschutes River from the Columbia River to a point one-half mile south of the Oregon Trail highway bridge where it crosses the Deschutes River. [Formerly 498.210]

�� 501.410 Brown�s Island and Minto Island Wildlife Refuge. There is created a wildlife refuge which shall be known as the Brown�s Island and Minto Island Wildlife Refuge and shall be bounded and described as follows: Beginning at the point of intersection of the center line of State Street in Salem, Oregon, with the center line of the Oregon Electric Railway tracks on Front Street in Salem; thence southwesterly along the center line of the Oregon Electric Railway tracks to the north boundary of the east ell of the donation land claim of R. E. Ekin and wife in township 8 south, range 3 west of the Willamette Meridian in Marion County; thence west to the re-entrant corner in the west boundary of such donation land claim; thence north to the most northerly northeast corner of such donation land claim; thence west to the middle of the Willamette River; thence down the meanderings of such river to the westerly projection of the center line of State Street in Salem; thence easterly to the place of beginning. [Amended by 1973 c.723 �112]

�� 501.420 [Repealed by 1955 c.77 �1]

�� 501.425 John Day River Wildlife Refuge. There is created a wildlife refuge within the area that is one-fourth mile from the high-water flowline along the John Day River from the Columbia River south to its junction with Thirty Mile Creek. [Formerly 498.215]

�� 501.430 [Repealed by 1955 c.77 �1]

�� 501.440 Carlton Lake Wildlife Refuge. The following described lands, including Carlton Lake, situated in Yamhill County, shall be known as the Carlton Lake Wildlife Refuge: Beginning at the northwest corner of the W. C. Hembree D.L.C. (claim) No. 59, in section 17, township 3 south, range 4 west, Willamette Meridian; running thence east along the north line of Hembree D.L.C. and along this north line produced, or extended 4,500 feet to the west line of the state highway, known as the Tualatin Valley Highway; thence southerly along the west line of such highway 6,600 feet to north line of Main Street in the City of Carlton; thence westerly along the north line of Main Street and the county road, which is an extension of Main Street, 6,300 feet to the northeast corner of the intersection of the county road, leading west from Carlton and the county road running north and south through the James Fulton D. L. C. just west of Carlton Lake; thence northerly along the east line of such county road 6,700 feet to the intersection of the east line of the county road with the north line of the James Fulton D. L. C.; thence east along the north line of Fulton D. L. C. 1,950 feet to the northeast corner of the claim; thence north about 60 feet to the northwest corner of the W. C. Hembree D. L. C., the place of beginning, situated in parts of sections 16, 17, 20 and 21, township 3 south, range 4 west. [Amended by 1973 c.723 �113]

�� 501.450 [Repealed by 1955 c.77 �1]

�� 501.460 [Repealed by 1955 c.77 �1]

�� 501.470 [Repealed by 1955 c.77 �1]

�� 501.480 [Repealed by 1955 c.77 �1]

�� 501.490 Lake Lytle Wildlife Refuge. There is created a wildlife refuge in Tillamook County, to be known as Lake Lytle Wildlife Refuge of the land and waters within the following described boundaries: Beginning at the northeast corner of section 29, township 2 north, range 10 west of Willamette Meridian; running thence west to the mean low water line of Pacific Ocean; thence southerly along the mean low water line of Pacific Ocean to the middle east and west line of section 32, in such township and range; thence east to the east line of section 32; thence north to the place of beginning. [Amended by 1973 c.723 �114]

�� 501.500 [Repealed by 1973 c.723 �130]

�� 501.505 Sturgeon Lake Wildlife Refuge; rules. (1) The following described lakes, the islands therein and the lands adjacent thereto shall be known as the Sturgeon Lake Wildlife Refuge:

�� (a) Big Sturgeon Lake, situated in sections 9, 10, 15, 16, 21, 22, 23, 26, 27, 28, 33 and 34, township 3 north, range 1 west, Willamette Meridian.

�� (b) West Sturgeon Lake, situated in sections 20, 28, 29, 30, 32 and 33, township 3 north, range 1 west, Willamette Meridian.

�� (c) Little Sturgeon Lake, situated in sections 32 and 33, township 3 north, range 1 west, Willamette Meridian, and sections 4 and 5, township 2 north, range 1 west, Willamette Meridian.

�� (d) Marquam Lake, situated in sections 34 and 35, township 3 north, range 1 west, Willamette Meridian, and sections 2 and 3, township 2 north, range 1 west, Willamette Meridian.

�� (2) The State Fish and Wildlife Commission by rule shall establish the exact boundaries of the wildlife refuge referred to in subsection (1) of this section in such manner as the commission determines will provide adequate protection for the wildlife within the area. However, the boundaries so established shall not include land adjacent to any lake referred to in subsection (1) of this section that is further than 100 yards from the line of ordinary high water of such lake. [1973 c.723 �116]

�� 501.510 [Repealed by 1967 c.320 �1]

�� 501.520 [Repealed by 1955 c.77 �1]

�� 501.530 [Repealed by 1955 c.77 �1]

�� 501.540 Multnomah-Clackamas Wildlife Refuge. The following described land situated in Multnomah and Clackamas Counties shall be known as the Multnomah-Clackamas Wildlife Refuge: Beginning at intersection of center line of the channels of the Willamette River and Willamette slough; thence westerly along center line of channel of Willamette slough to its intersection with the south line of section 27, township 2 north, range 1 west, Willamette Meridian; thence west along south line of sections 27 and 28 to intersection with the Columbia River Highway; thence in southerly direction along Columbia River Highway to intersection with Harborton Road; thence southwesterly along Harborton Road to its intersection with Skyline Boulevard; thence southeasterly along Skyline Boulevard to its intersection with Cornell Road; thence west along Cornell Road to its intersection with the Washington-Multnomah County line; thence south and east along the Washington-Multnomah County line to the Willamette Meridian; thence south along the Willamette Meridian to section 19, township 2 south, range 1 east, Willamette Meridian; thence east along the north lines of sections 19, 20 and 21 to Stafford Road; thence east and north on Stafford Road to the west bank of the Willamette River; thence southerly along the west bank of said Willamette River to a point opposite the intersection of the east bank of the Willamette River and the north bank of the Clackamas River; thence easterly across the Willamette River to said intersection; thence easterly along the north bank of Clackamas River to a point where the east line of Ninety-second Street in the City of Portland extended southerly intersects the north bank of the Clackamas River; thence north along the southerly extension of Ninety-second Street to the point of the Multnomah and Clackamas County line, such point being at the quarter-section corner of south side of section 21, township 1 south, range 2 east, Willamette Meridian; thence east along the Multnomah County line to its intersection with Foster Road; thence northwesterly along Foster Road to the intersection of Foster Road with Jenne Road; thence northeasterly and northerly along Jenne Road to its intersection with Section Line Road; thence east along Section Line Road to its intersection with Rockwood Road; thence north along Rockwood Road to the north side of Sandy Boulevard; thence west along the north side of Sandy Boulevard to the Government Island Road; thence north along the Government Island Road to the high-water flowline of the south bank of the south channel of the Columbia River; thence westerly along high-water flowline of the waters of the Columbia River to the easterly line of the Spokane, Portland and Seattle railroad; thence south along the Spokane, Portland and Seattle railroad to the junction of the Oregon-Washington Railroad and Navigation Company right of way; thence south along the Oregon-Washington Railroad and Navigation Company right of way to the city boundaries of the City of Portland; thence westerly along the north line of the boundary of the City of Portland to the center of the channel of the Willamette River; thence in a northerly direction along the center line of the channel of the Willamette River to the point of beginning. [Amended by 1953 c.255 �2; 1973 c.723 �115]

�� 501.550 [Repealed by 1955 c.77 �1]

�� 501.560 [Repealed by 1955 c.77 �1]

�� 501.570 [Repealed by 1955 c.77 �1]

�� 501.580 [Repealed by 1955 c.77 �1]

�� 501.590 [Repealed by 1955 c.77 �1]

�� 501.600 [Repealed by 1955 c.77 �1]

�� 501.610 [Repealed by 1955 c.77 �1]

�� 501.620 [Repealed by 1973 c.723 �130]

�� 501.630 [Repealed by 1973 c.723 �130]

�� 501.640 [Repealed by 1955 c.77 �1]

�� 501.650 [Repealed by 1955 c.77 �1]

�� 501.660 [Repealed by 1955 c.77 �1]

�� 501.670 [Repealed by 1955 c.77 �1]

�� 501.680 [Repealed by 1955 c.77 �1]

�� 501.690 [Repealed by 1953 c.81 �2]

�� 501.810 [1959 c.275 �2; repealed by 1973 c.723 �130]

�� 501.820 [1959 c.275 �3; repealed by 1973 c.723 �130]

�� 501.830 [1959 c.275 �9; repealed by 1973 c.723 �130]

�� 501.840 [1959 c.275 �4; repealed by 1973 c.723 �130]

�� 501.850 [1959 c.275 �6; repealed by 1973 c.723 �130]

�� 501.860 [1959 c.275 �5; repealed by 1973 c.723 �130]

�� 501.870 [1959 c.275 �8; repealed by 1973 c.723 �130]

�� 501.880 [1959 c.275 �7; repealed by 1973 c.723 �130]

�� 501.890 [1959 c.275 �10; repealed by 1973 c.723 �130]

�� 501.990 [Amended by 1967 c.523 �4; repealed by 1973 c.723 �130]

CHAPTERS 502 TO 505

�[Reserved for expansion]

ORS 506.195

506.195; 1975 c.545 �11; 1977 c.242 �3; 2013 c.672 �2]

�� 506.050 Federal and state fish cultural operations and scientific investigations; commission to propagate fish and to stock waters. (1) The United States Fish and Wildlife Service, the State Fish and Wildlife Commission and their duly authorized agents may conduct fish cultural operations and scientific investigations in the waters of this state in such manner and at such times as may be considered necessary and proper by the service, the commission or their agents.

�� (2) The commission shall propagate and stock the waters of this state with such fish as it considers proper. [1965 c.570 �11]

�� 506.105 [Amended by 1973 c.271 �2; repealed by 1975 c.253 �40]

�� 506.109 Food fish management policy. It is the policy of the State of Oregon that food fish shall be managed to provide the optimum economic, commercial, recreational and aesthetic benefits for present and future generations of the citizens of this state. In furtherance of this policy, the goals of food fish management are:

�� (1) To maintain all species of food fish at optimum levels in all suitable waters of the state and prevent the extinction of any indigenous species.

�� (2) To develop and manage the lands and waters of this state in a manner that will optimize the production, utilization and public enjoyment of food fish.

�� (3) To permit an optimum and equitable utilization of available food fish.

�� (4) To develop and maintain access to the lands and waters of the state and the food fish resources thereon.

�� (5) To regulate food fish populations and the utilization and public enjoyment of food fish in a manner that is compatible with other uses of the lands and waters of the state and provides optimum commercial and public recreational benefits.

�� (6) To preserve the economic contribution of the sports and commercial fishing industries in a manner consistent with sound food fish management practices.

�� (7) To develop and implement a program for optimizing the return of Oregon food fish for Oregon�s recreational and commercial fisheries. [1975 c.253 �15; 1985 c.529 �2]

�� 506.110 [Repealed by 1965 c.570 �152]

�� 506.111 [1965 c.570 �12; 1967 c.402 �5; 1969 c.314 �60; repealed by 1975 c.253 �40]

�� 506.115 [Repealed by 1965 c.570 �152]

�� 506.116 [1965 c.570 �13; repealed by 1975 c.253 �40]

�� 506.119 General duties and powers of commission; rulemaking authority. (1) The State Fish and Wildlife Commission has the authority to formulate and implement the policies and programs of this state for the management of food fish, and may perform all acts necessary to administer and carry out the provisions of the commercial fishing laws.

�� (2) In accordance with any applicable provision of ORS chapter 183, the commission may promulgate rules to carry out the provisions of the commercial fishing laws. [1975 c.253 �17]

�� 506.120 [Repealed by 1965 c.570 �152]

�� 506.121 [1965 c.570 �14a; repealed by 1975 c.253 �40]

�� 506.124 Hatchery practice rules; reports. The State Fish and Wildlife Commission shall adopt rules governing public and private salmon hatchery practices by July 1, 1984. The commission shall also submit quarterly reports to the Emergency Board on matters related to the adoption of rules and the impact of hatchery practices on the salmon resource. [1983 c.797 �8]

�� 506.125 [Repealed by 1965 c.570 �152]

�� 506.126 [1965 c.570 �15; repealed by 1975 c.253 �40]

�� 506.129 Establishing seasons, amounts and manner of taking food fish; rules. (1) After investigation of the supply and condition of food fish, the State Fish and Wildlife Commission, at appropriate times each year, shall by rule:

�� (a) Prescribe the times, places and manner in which food fish may be taken or sold, except when canned or otherwise processed, and the amount of those food fish species that may be taken or sold.

�� (b) Prescribe such other restrictions or procedures regarding the taking, selling or possessing of food fish as the commission determines will carry out the provisions of the commercial fishing laws.

�� (2) In carrying out the provisions of subsection (1) of this section, the power of the commission includes, but is not limited to:

�� (a) Prescribing the amount of each food fish species that may be taken and possessed in terms of sex, size and other physical characteristics.

�� (b) Prescribing such regular and special time periods and areas closed to the taking and selling of any food fish species when the commission determines such action is necessary to protect the supply of such food fish.

�� (c) Prescribing regular and special time periods and areas open to the taking and selling of any food fish species, and prescribing means by which the taking of food fish is permitted. [1975 c.253 �16]

�� 506.130 [Repealed by 1965 c.570 �152]

�� 506.131 [1965 c.570 �14; repealed by 1975 c.253 �40]

�� 506.135 [Repealed by 1965 c.570 �152]

�� 506.136 Commission to study and classify food fish and fishing gear. The State Fish and Wildlife Commission shall:

�� (1) Investigate the habits, supply and economic uses of, and classify all food fish.

�� (2) Classify all fishing gear and such classification shall be final. [1965 c.570 �21]

�� 506.140 [Repealed by 1965 c.570 �152]

�� 506.141 [1965 c.570 �22; repealed by 1975 c.253 �40]

�� 506.142 Authority of Fish Division. The Fish Division established pursuant to ORS 496.124 shall be responsible for the management of all fish and other marine life over which the State Fish and Wildlife Commission has regulatory jurisdiction. [1975 c.253 �18]

�� 506.145 [Repealed by 1965 c.570 �152]

�� 506.146 [1965 c.570 �23; repealed by 1975 c.253 �40]

�� 506.147 Record keeping regarding food fish commerce. (1) In addition to any other authority under the commercial fishing laws, and except as provided in this subsection, the State Fish and Wildlife Commission may adopt record keeping requirements for a person that engages in taking, landing, buying or selling food fish for commercial purposes or otherwise deals in food fish for commercial purposes. Records that the commission may require under this section include, but need not be limited to, records sufficient to show the source and disposition of food fish and any other information the commission deems necessary for tracing the chain of possession for food fish. The commission may not make record keeping requirements under this section applicable to tribal members exercising the treaty-reserved rights of an Indian tribe.

�� (2) A person that the commission makes subject to a record keeping requirement under this section shall make the records available for inspection by the commission, the State Department of Fish and Wildlife or the State Department of Agriculture, or by a designee of the commission, State Department of Fish and Wildlife or State Department of Agriculture. The State Department of Agriculture may request copies of, or information from, the records for the purpose of programs under ORS chapter 616 or other food safety law programs administered or enforced by the department. The State Department of Agriculture may, as part of a general pattern of administering and enforcing programs under ORS chapter 616 or other food safety law programs, during normal business hours enter premises where records described in this section are kept.

�� (3) A person may keep records required by the commission under this section in electronic form and may satisfy a request for inspection of the records by supplying a copy of the records in electronic form to the requester. If the records are not supplied to the requester in electronic form, the person shall allow inspection of the records upon request during normal business hours. [2018 c.104 �2]

�� 506.150 [Repealed by 1965 c.570 �152]

�� 506.151 [1965 c.570 �24; 1971 c.187 �1; repealed by 1975 c.253 �40]

�� 506.153 [1963 c.259 �1; repealed by 1965 c.570 �152]

�� 506.154 Duties of director. The State Fish and Wildlife Director shall:

�� (1) Be responsible to the State Fish and Wildlife Commission for the administration and enforcement of the commercial fishing laws.

�� (2) Be responsible for the collection, application and dissemination of information pertinent to the management of food fish resources and to the regulation of the uses of such resources. [1975 c.253 �19]

�� 506.155 [Amended by 1961 c.275 �1; repealed by 1965 c.570 �152]

�� 506.156 [1965 c.570 �25; repealed by 1971 c.187 �3]

�� 506.160 [Repealed by 1965 c.570 �152]

�� 506.161 [1965 c.570 �26; repealed by 1971 c.187 �3]

�� 506.165 [Repealed by 1965 c.570 �152]

�� 506.170 [Repealed by 1965 c.570 �152]

�� 506.173 [1961 c.463 �1; repealed by 1965 c.570 �152]

�� 506.175 [Repealed by 1965 c.570 �152]

�� 506.180 [Repealed by 1965 c.570 �152]

�� 506.185 [Repealed by 1965 c.570 �152]

�� 506.190 [Repealed by 1965 c.570 �152]

�� 506.192 [1957 c.461 �1; 1959 c.60 �1; repealed by 1965 c.570 �152]

�� 506.195 [Amended by 1965 c.570 �10; renumbered 506.045]

�� 506.200 [Repealed by 1965 c.570 �152]

�� 506.201 Powers of commission in regard to real property. The State Fish and Wildlife Commission may:

�� (1) Acquire by purchase, lease, gift, agreement or donation, real property, or any right or interest therein, including any easement or right of access, necessary:

�� (a) To construct or maintain fish hatcheries, fishways or research facilities;

�� (b) To remove logjams; or

�� (c) Otherwise to carry out the duties imposed on the commission by law.

�� (2) Acquire by exercise of the power of eminent domain any easement or right of access necessary to construct or maintain fishways or remove logjams. Proceedings instituted by the commission under this subsection shall be conducted in accordance with ORS chapter 35.

�� (3) Lease, dispose of or grant easements upon any property owned by the state and used for the protection, propagation or preservation of food fish, which is found to be of no further use or value to the state. The commission shall turn over the proceeds arising from such disposition to the State Treasurer to be credited to the General Fund. [1965 c.570 �16; 1971 c.741 �34]

�� 506.205 [Repealed by 1965 c.570 �152]

�� 506.210 [Repealed by 1965 c.570 �152]

�� 506.211 Acquisition of fish, eggs and larvae for certain purposes; returning salmon to Rogue River. (1) Subject to subsection (2) of this section, the State Fish and Wildlife Commission may acquire by gift or purchase, and may acquire by capture or otherwise in this state, any fish, eggs or larvae thereof for propagation, experimental or scientific purposes.

�� (2) The commission or any other person authorized by it who takes salmon eggs from the waters of the Rogue River for the purpose of supplying the various hatcheries of this state, shall return at least 40 percent of the fish hatched from the eggs to the Rogue River. [1965 c.570 �28]

�� 506.213 Coho and chinook salmon hatchery on Oregon coast. (1) The State Fish and Wildlife Commission shall cause to be commenced and shall supervise the construction of a fish hatchery on the Oregon coast for the purpose of rearing coho and chinook salmon. The location for the site of the hatchery shall be at the discretion of the commission. Selection of the site shall be based upon the most recent research data available to the commission.

�� (2) The hatchery constructed pursuant to subsection (1) of this section shall be maintained and operated by the commission. [1967 c.360 ��1,4]

�� 506.214 Hatchery Construction Fund. The Hatchery Construction Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Hatchery Construction Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife. The fund shall consist of any moneys appropriated to the fund by the Legislative Assembly and moneys received by the department for the purposes established in this section in the form of gifts, grants, bequests, endowments or donations. Moneys in the fund may be expended only to improve, upgrade or replace current coastal hatchery facilities in order to incorporate new technologies. [2015 c.734 �2; 2017 c.120 �2]

�� Note: 506.214 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 506 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 506.215 Maintaining hatcheries in adjoining states. The State Fish and Wildlife Commission may construct, maintain or operate hatcheries in an adjoining state, but no hatchery shall be constructed or operated on any stream in an adjoining state that is not a tributary of the Columbia River, or whose waters do not flow into the Columbia River.

�� 506.220 Erecting markers of closed waters; interference with markers. Whenever deadlines are established on any of the waters of this state, either by legislative enactment or by order of the State Fish and Wildlife Commission, the commission shall, within a reasonable time, erect suitable monuments or markers in the water or on the banks of the water designating the closed portion of the water. It is unlawful to remove, destroy, alter or mutilate any of these monuments or markers. [Amended by 1965 c.570 �27]

�� 506.225 [Repealed by 1965 c.570 �152]

�� 506.226 Use of electric shock to take adult salmonids for private hatchery permittees prohibited. Notwithstanding any other provision of law the State Department of Fish and Wildlife shall not use in any body of water any electric current or electric shock device for the purpose of capturing any adult salmonids for a person granted a permit pursuant to ORS 508.700 to 508.745. [1981 c.646 �2]

�� 506.230 [Repealed by 1965 c.570 �152]

�� 506.231 Public report of fish hatchery activities. The State Department of Fish and Wildlife shall prepare and make available to the public upon request monthly reports of fish hatchery operations. Information in the report shall include, but is not limited to:

�� (1) The location of each state facility at which salmon eggs were taken and the number of eggs taken.

�� (2) The number and destination of salmon eggs transferred from one state facility to another.

�� (3) The number of salmon eggs to be reared at each state facility.

�� (4) The number of salmon eggs sold from each state facility to any person granted a permit pursuant to ORS 508.700 to 508.745.

�� (5) The number of salmon eggs from state facilities allocated for volunteer salmonid improvement program activities.

�� (6) The location and circumstances of each mortality incident involving 10,000 or more salmon eggs at a state facility. [1981 c.646 �3]

�� 506.235 [1957 c.141 �1; renumbered

ORS 509.065

509.065]

�� 509.115 Placing in waters fish harmful to food fish. It is unlawful, without written authority from the State Fish and Wildlife Commission, to place in any of the waters of this state any species or variety of fish whatsoever which are inimical to or destructive of food fish. [Amended by 1965 c.570 �105]

�� 509.120 Using electricity to disturb food fish. It is unlawful to use or permit to be used in any of the waters of this state any electrical device, appliance or current which in any manner has a tendency to retard, scare, frighten or obstruct any food fish in their migrations or movements in such waters without first having obtained the consent of and a permit from the State Fish and Wildlife Director. [Amended by 1965 c.570 �106]

�� 509.122 Definitions for ORS 509.125 to 509.155. As used in ORS 509.125 to 509.155, unless the context requires otherwise:

�� (1) �Explosives� means any explosive substances whatever, including but not limited to powder, dynamite and nitroglycerine.

�� (2) �Substance deleterious to fish� includes but is not limited to any drug, powder, chemical, medicated bait, gas, cocculus indicus or extract therefrom, inimical to fish. [1965 c.570 �110]

�� 509.125 Placing substances in water to drive fish from closed areas. It is unlawful to place or cause to be placed in any stream of this state where anadromous or food fish run or exist, within the distance from any dam, fishway or object in which the taking of any anadromous or food fish by means other than angling is prohibited by law, any blood or offal of fish, or any other substance, matter or contrivance that will frighten or drive anadromous or food fish, or with intent to drive or frighten, out of that part of the waters of any stream in which it is unlawful to take such fish. [Amended by 1965 c.570 �111]

�� 509.130 Placing substances in water or using explosives to take or destroy food fish. It is unlawful, for the purpose of taking or destroying any food fish, to:

�� (1) Throw, cast or pass, or cause or permit to be thrown, cast or passed, in any waters of this state in which food fishes are wont to be, any substance deleterious to fish; or

�� (2) Explode or cause to be exploded in any waters of this state, any explosives. [Amended by 1963 c.112 �1; 1965 c.570 �112]

�� 509.135 [Repealed by 1965 c.570 �152]

�� 509.140 Placing explosives or harmful substances in waters in course of lawful work; permit. (1) Whenever in the course of removing any obstruction in any waters of this state, or in constructing any foundations for dams, bridges or other structures, or in carrying on any trade or business, any person, municipal corporation, political subdivision or governmental agency desires to use explosives or any substances deleterious to fish, such person, municipal corporation, political subdivision or governmental agency shall make application to the State Fish and Wildlife Commission for a permit to use the explosives or substances in such waters.

�� (2) If the commission finds it necessary that the explosives or substances be used, it may make an order granting such person, municipal corporation, political subdivision or governmental agency the right to use the explosives or substances and shall:

�� (a) Designate the places and period within which the explosives or substances may be used; and

�� (b) Prescribe such precautions as will save fish from injury.

�� (3) It is unlawful to disregard such order or fail to obtain such order or permit before using explosives or substances deleterious to fish. [Amended by 1963 c.112 �2; 1965 c.570 �113]

�� 509.145 [Repealed by 1965 c.570 �152]

�� 509.150 Use by commission of explosives or substances to destroy predatory fish. Nothing in ORS 509.125 to 509.155 prevents the State Fish and Wildlife Commission from using any explosives or substances deleterious to fish for the purpose of destroying German carp or any other predatory fish inimical to food fish, or from carrying out any of the commercial fishing laws. [Amended by 1965 c.570 �114]

�� 509.155 Possession of fish taken by explosives or harmful substance justifies arrest; burden of proof. Having in possession any food fish under circumstances which make it reasonable to believe that they were taken by means of explosives or substances deleterious to fish justifies the arrest of the person having the fish in possession. It is then incumbent upon such person to prove and show that the fish were taken by lawful means. [Amended by 1965 c.570 �115]

�� 509.160 Prohibition on possession, sale, trade or distribution of shark fins; exceptions. (1) As used in this section:

�� (a) �Shark fin� means the raw or dried fin or tail of a shark.

�� (b) �Spiny dogfish� means a shark belonging to the family Squalidae in the order Squaliformes that has two spines, one anterior to each dorsal fin, and that does not have an anal fin.

�� (2) A person may not possess, sell or offer for sale, trade or distribute a shark fin in this state.

�� (3) This section does not apply to:

�� (b) A person who holds a license or permit issued by the State Department of Fish and Wildlife under the commercial fishing laws to take a shark and who possesses, sells or offers for sale, trades or distributes a shark fin consistent with the terms of that license or permit; and

�� (c) A fish processor who holds a license under the commercial fishing laws, who possesses and processes a shark obtained from a person described in paragraph (a) of this subsection and who sells or offers for sale, trades or distributes the shark fin consistent with the terms of the license of that fish processor. [2011 c.371 �2]

�� 509.185 [Formerly 509.060; repealed by 1971 c.658 �32]

�� 509.205 [Repealed by 1965 c.570 �152]

�� 509.206 [1965 c.570 �116; repealed by 1969 c.357 �2]

�� 509.210 [Repealed by 1965 c.570 �152]

�� 509.215 [Repealed by 1965 c.570 �152]

�� 509.216 [1965 c.570 �117; 1969 c.357 �1; repealed by 2013 c.672 �1]

�� 509.220 [Repealed by 1965 c.570 �152]

�� 509.225 [Repealed by 1965 c.570 �152]

FISHING GEAR

�� 509.230 Possession of fish taken by lawful gear from Pacific Ocean outside Oregon jurisdiction; taking salmon only by troll within Oregon jurisdiction. (1) Subject to the conditions provided in this section and ORS chapter 513, it is unlawful to have in possession any food fish taken in the waters of the Pacific Ocean outside the territorial jurisdiction of this state by means of any fishing gear except as provided by law or rule of the State Fish and Wildlife Commission, for:

�� (a) The purpose of commercially packing, canning or preserving the fish.

�� (b) The manufacture of fish meal, fish oil or other fish products or by-products.

�� (c) Sale as fresh fish for general consumption.

�� (d) Bait.

�� (2) It is also unlawful to take any salmon for commercial purposes in any of the waters of the Pacific Ocean within the jurisdiction of this state or over which this state has concurrent jurisdiction by means of any fishing gear other than by �troll.� [Amended by 1955 c.178 �1; 1961 c.680 �1; 1965 c.570 �122; 2013 c.672 �3]

�� 509.235 Certain sturgeon lines prohibited. It is unlawful to use or assist in using any Chinese sturgeon line, or lines of a similar character, in the waters of this state. [Amended by 1965 c.570 �119]

�� 509.240 Snagging nets during closed season allowed. It is lawful to operate or use a net consisting of a single nylon or cotton web of a mesh not less than 14 inches, taut measure, hung or attached to not to exceed two lead lines combined and used as a single line and a single cork line, in any of the waters of this state, during any season or period closed to commercial fishing by law or by rule of the State Fish and Wildlife Commission, for the purpose of clearing away or removing snags or similar obstructions from gillnet drifts and other suitable or desirable fishing areas. [Amended by 1961 c.370 �1; 1965 c.570 �120]

�� 509.245 Notice to director of use of snagging net. Any person desiring to operate a snagging net as provided in ORS 509.240 shall, before operating or attempting to so operate such net, obtain from the State Fish and Wildlife Director a snagging permit by forwarding a written request to the office of the State Fish and Wildlife Commission specifically providing:

�� (1) The particular gillnet drift, fishing ground or other area to be cleared;

�� (2) The waters in which located;

�� (3) The mesh size of the snagging net to be used; and

�� (4) The dates on which or within which the proposed snagging operations will be carried on. In specifying any such dates, no one notice is valid for a period of more than 30 days from the date thereof. [Amended by 1965 c.570 �121]

�� 509.250 [Repealed by 1965 c.570 �152]

�� 509.252 [1955 c.477 �1; 1957 c.130 �1; repealed by 1963 c.246 �12]

�� 509.255 [Repealed by 1961 c.183 �1]

�� 509.260 [Repealed by 1961 c.155 �1]

�� 509.265 [Repealed by 1965 c.570 �152]

�� 509.270 [Repealed by 1965 c.570 �152]

�� 509.275 [Repealed by 1965 c.570 �152]

�� 509.280 [Repealed by 1965 c.570 �152]

�� 509.285 [Repealed by 1965 c.570 �152]

�� 509.290 [Repealed by 1965 c.570 �152]

�� 509.295 [Repealed by 1965 c.570 �152]

�� 509.300 [Repealed by 1965 c.570 �152]

NET FISHING FOR SALMON IN PACIFIC OCEAN

�� 509.355 Definitions for ORS 509.355 to 509.385. As used in ORS 509.355 to 509.385:

�� (1) �Citizen of this state� means a person who maintains the usual place of abode of the person within this state or who otherwise qualifies as a citizen of this state under the laws of this state.

�� (2) �International waters� means waters outside the territorial boundaries of any state, territory or country. [1957 c.152 �1]

�� 509.360 When ORS 509.355 to 509.385 operative; proof. (1) ORS 509.355 to 509.385 shall not be operative at any time unless laws or rules or regulations of California, Washington and Canada are effective which, in substance or effect, contain provisions:

�� (a) Similar to and which accomplish the purposes of ORS 509.355 to 509.385; or

�� (b) Which prohibit the possession or transportation within their respective territorial waters of the Pacific Ocean of salmon taken by any type of net within the international waters of the Pacific Ocean or within their respective territorial waters of the Pacific Ocean and not accompanied by a certificate issued under the authority of this state or of another state, territory or country showing that such salmon were lawfully taken.

�� (2) Such laws or rules or regulations of California, Washington and Canada shall be considered effective upon receipt by the Secretary of State of this state of certified written statements from the respective secretaries of state of California and Washington and from the Department of State of the United States on behalf of Canada setting forth such laws or rules or regulations and the date on which they are effective. Such certified written statements, together with a written statement of the Attorney General of this state that the provisions of subsection (1) of this section are satisfied by such laws or rules or regulations, are conclusive proof that the provisions of subsection (1) of this section are so satisfied. In any prosecution for violation of any provision of ORS 509.365, 509.370 or 509.375, proof of the existence of such certified written statements and written statement of the Attorney General of this state need not be made unless demanded by the defendant prior to the commencement of trial. [1957 c.152 ��9,10; 1965 c.570 �123]

�� Note: 509.355 to 509.385 are operative and in full force and effect. A written statement of the Attorney General of the State of Oregon, dated October 16, 1957, states that the provisions of

ORS 509.600

509.600 to 509.645 and 509.910:

�� (1) �Artificial obstruction� means any dam, diversion, culvert or other human-made device placed in the waters of this state that precludes or prevents the migration of native migratory fish.

�� (2) �Construction� means:

�� (a) Original construction;

�� (b) Major replacement;

�� (c) Structural modifications that increase storage or diversion capacity; or

�� (d) For purposes of culverts, installation or replacement of a roadbed or culvert.

�� (3) �Emergency� means unforeseen circumstances materially related to or affected by an artificial obstruction that, because of adverse impacts to a population of native migratory fish, requires immediate action. The State Fish and Wildlife Director may further define the term �emergency� by rule.

�� (4) �Fundamental change in permit status� means a change in regulatory approval for the operation of an artificial obstruction where the regulatory agency has discretion to impose additional conditions on the applicant, including but not limited to licensing, relicensing, reauthorization or the granting of new water rights, but not including water right transfers or routine maintenance permits.

�� (5) �In-proximity� means within the same watershed or water basin and having the highest likelihood of benefiting the native migratory fish populations directly affected by an artificial obstruction.

�� (6) �Native migratory fish� means those native fish that migrate for their life cycle needs and that are listed in the rules of the State Fish and Wildlife Director.

�� (7) �Net benefit� means an increase in the overall, in-proximity habitat quality or quantity that is biologically likely to lead to an increased number of native migratory fish after a development action and any subsequent mitigation measures have been completed.

�� (8) �Oregon Plan� means the guidance statement and framework described in ORS 541.898. [2001 c.923 �1]

�� Note: 509.580 to 509.590 and 509.595 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 509 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 509.585 Fish passage required for artificial obstructions; statewide inventory; waiver of requirement by commission; rules; exemptions. (1) It is the policy of the State of Oregon to provide for upstream and downstream passage for native migratory fish and the Legislative Assembly finds that cooperation and collaboration between public and private entities is necessary to accomplish the policy goal of providing passage for native migratory fish and to achieve the enhancement and restoration of Oregon�s native salmonid populations, as envisioned by the Oregon Plan. Therefore, except as provided in ORS chapter 509, fish passage is required in all waters of this state in which native migratory fish are currently or have historically been present.

�� (2) Except as otherwise provided by this section or ORS 496.266 or 509.645, a person owning or operating an artificial obstruction may not construct or maintain any artificial obstruction across any waters of this state that are inhabited, or historically inhabited, by native migratory fish without providing passage for native migratory fish.

�� (3) The State Department of Fish and Wildlife shall complete and maintain a statewide inventory of artificial obstructions in order to prioritize enforcement actions based on the needs of native migratory fish. This prioritization shall include, but need not be limited to, the degree of impact of the artificial obstruction on the native migratory fish, the biological status of the native migratory fish stocks in question and any other factor established by the department by rule. The department shall establish a list of priority projects for enforcement purposes. Priority artificial obstructions are subject to the State Fish and Wildlife Commission�s authority as provided in ORS 509.625. Unless requested by persons owning or operating an artificial obstruction, the department shall primarily direct its enforcement authority toward priority projects, emergencies and projects described in subsection (4) of this section. The priority project list shall be subject to periodic review and amendment by the department and to formal review and amendment by the commission no less frequently than once every five years.

�� (4) A person owning or operating an artificial obstruction shall, prior to construction, fundamental change in permit status or abandonment of the artificial obstruction in any waters of this state, obtain a determination from the department as to whether native migratory fish are or historically have been present in the waters. If the department determines that native migratory fish are or historically have been present in the waters, the person owning or operating the artificial obstruction shall either submit a proposal for fish passage to the department or apply for a waiver pursuant to subsection (7) of this section. Approval of the proposed fish passage facility or of the alternatives to fish passage must be obtained from the department prior to construction, permit modification or abandonment of the artificial obstruction.

�� (5) Consistent with the purpose and goals of the Oregon Plan, the department shall seek cooperative partnerships to remedy fish passage problems and to ensure that problems are corrected as soon as possible. The department and the person owning or operating the artificial obstruction are encouraged to negotiate the terms and conditions of fish passage or alternatives to fish passage, including appropriate cost sharing. The negotiations may include, but are not limited to, consideration of equitable factors.

�� (6) The department shall submit a proposed determination of the required fish passage or alternatives to fish passage to the commission for approval. The determination may be the result of the negotiations described in subsection (5) of this section or, if no agreement was reached in the negotiations, a determination proposed by the department. If a protest is not filed within the time period specified in ORS 509.645, the proposed determination shall become a final order.

�� (7)(a) The commission shall waive the requirement for fish passage if the commission determines that the alternatives to fish passage proposed by the person owning or operating the artificial obstruction provide a net benefit to native migratory fish.

�� (b) Net benefit to native migratory fish is determined under this subsection by comparing the benefit to native migratory fish that would occur if the artificial obstruction had fish passage to the benefit to native migratory fish that would occur using the proposed alternatives to fish passage. Alternatives to fish passage must result in a benefit to fish greater than that provided by the artificial obstruction with fish passage. The net benefit to fish shall be determined based upon conditions that exist at the time of comparison.

�� (c) The State Fish and Wildlife Director shall develop rules establishing general criteria for determining the adequacy of fish passage and of alternatives to fish passage. The general criteria shall include, but not be limited to:

�� (A) The geographic scope in which alternatives must be conducted;

�� (B) The type and quality of habitat;

�� (C) The species affected;

�� (D) The status of the native migratory fish stocks;

�� (E) Standards for monitoring, evaluating and adaptive management;

�� (F) The feasibility of fish passage and alternatives to fish passage;

�� (G) Quantified baseline conditions;

�� (H) Historic conditions;

�� (I) Existing native migratory fish management plans;

�� (J) Financial or other incentives and the application of incentives;

�� (K) Data collection and evaluation; and

�� (L) Consistency with the purpose and goals of the Oregon Plan.

�� (d) To the extent feasible, the department shall coordinate its requirements for adequate fish passage or alternatives to fish passage with any federal requirements.

�� (8) A person owning or operating an artificial obstruction may at any time petition the commission to waive the requirement for fish passage in exchange for agreed-upon alternatives to fish passage that provide a net benefit to native migratory fish as determined in subsection (7) of this section.

�� (9)(a) Artificial obstructions without fish passage are exempt from the requirement to provide fish passage if the commission:

�� (A) Finds that a lack of fish passage has been effectively mitigated;

�� (B) Has granted a legal waiver for the artificial obstruction; or

�� (C) Finds there is no appreciable benefit to providing fish passage.

�� (b) The commission shall review, at least once every seven years, the artificial obstructions exempted under this subsection that do not have an exemption expiration date to determine whether the exemption should be renewed. The commission may revoke or amend an exemption if it finds that circumstances have changed such that the relevant requirements for the exemption no longer apply. The person owning or operating the artificial obstruction may protest the decision by the commission pursuant to ORS 509.645.

�� (10) If the fundamental change in permit status is an expiration of a license of a federally licensed hydroelectric project, the commission�s determination shall be submitted to the Federal Energy Regulatory Commission as required by ORS

ORS 520.210

520.210]

�� 520.070 [Repealed by 1953 c.667 �21]

�� 520.075 [1953 c.667 �9; 1961 c.671 �16; renumbered 520.220]

�� 520.080 [Repealed by 1953 c.667 �21]

�� 520.085 [1953 c.667 �10; 1961 c.671 �17; renumbered 520.230]

�� 520.090 [Repealed by 1953 c.667 �21]

�� 520.095 Rules and orders; bond. The governing board of the State Department of Geology and Mineral Industries may adopt rules and issue orders, and the department may issue orders, as may be necessary in the proper administration and enforcement of this chapter, including but not limited to rules and orders for the following purposes:

�� (1) To require the drilling, casing and plugging of wells to be done in such a manner as to prevent the escape of oil or gas out of one stratum to another; to prevent the intrusion of water into oil or gas strata; to prevent the pollution of fresh water supplies by oil, gas or salt water; and to require reasonable bond conditioned upon compliance with applicable laws and rules and upon the performance of the duty to plug each dry or abandoned well.

�� (2) To compel the filing of logs from wells, including electrical logs, if any are taken, drilling records, typical drill cuttings or cores, if cores are taken, with the office of the State Geologist.

�� (3) To prevent wells from being drilled, operated and produced in such a manner as to cause injury to neighboring leases or property.

�� (4) To prevent the drowning by water of any stratum or part thereof capable of producing oil or gas in paying quantities, and to prevent the premature and irregular encroachment of water that reduces, or tends to reduce, the total ultimate recovery of oil or gas from any pool.

�� (5) To require the operation of wells with efficient gas-oil ratios, and to fix ratios.

�� (6) To prevent blowouts, caving and seepage in the same sense that conditions indicated by such terms are generally understood in the oil and gas business.

�� (7) To prevent fires.

�� (8) To identify the ownership of all oil and gas wells, producing leases, tanks, plants, structures and all storage equipment and facilities.

�� (9) To regulate the stimulation and chemical treatment of wells.

�� (10) To regulate secondary recovery methods, including the introduction of gas, air, water or other substance into producing formations.

�� (11) To require the filing currently of information as to the volume of oil and gas, or either of them, produced and saved from the respective properties.

�� (12) To require the protection of ground water.

�� (13) To require the disposal of salt water and oil field waste so as not to damage land or property unnecessarily.

�� (14) To require that wells drilled for oil or gas be logged adequately enough to identify the geologic formations penetrated by the wells.

�� (15) To regulate the underground storage of natural gas and the drilling and operation of any wells required therefor.

�� (16) To require the mitigation of off-site impacts of drilling and to require reclamation for subsequent beneficial use of drill sites and adjacent areas adversely affected by drilling or use of the well and the filling of sumps.

�� (17) To require performance bonds or other forms of financial security for compliance with the requirements of this chapter and rules adopted or orders issued under this chapter.

�� (18) To regulate exploratory wells, including stratigraphic wells and seismic program test wells, subject to the limitations in ORS 520.027.

�� (19) To regulate geological, geophysical and seismic surveys on, and operations to remove oil, gas and sulfur from, the tidal submerged and submersible lands of this state under ORS 274.705 to 274.860. [1953 c.667 �7; 1961 c.671 �18; 1973 c.276 �3; 1977 c.296 �2; 1981 c.146 �2; 1989 c.365 �1; 2007 c.672 �10]

�� 520.097 Abandonment or completion of well; well logs and records; trade secrets. (1) For a period of two years from the date of abandonment or completion of a well, all well logs and records and well reports submitted to the State Department of Geology and Mineral Industries are trade secrets under ORS 192.345 and are not subject to public disclosure under ORS 192.311 to 192.478, and all drill cuttings and cores may not be disclosed to the public unless such protection is waived by the permittee or disclosure is required by a court order.

�� (2) The department may extend the period under subsection (1) of this section up to an additional five years on the request of the permittee or the permittee�s successor in interest. [2007 c.672 �12]

�� 520.100 [Repealed by 1953 c.667 �21]

�� 520.105 [1953 c.667 �11; 1961 c.671 �19; repealed by 2007 c.672 �24]

�� 520.110 [Repealed by 1953 c.667 �21]

�� 520.115 [1953 c.667 �12; repealed by 2007 c.672 �24]

�� 520.120 [Repealed by 1953 c.667 �21]

�� 520.125 Authority of board to summon witnesses and require production of evidence. (1) The governing board of the State Department of Geology and Mineral Industries may summon witnesses, administer oaths and require the production of records, books and documents for examination at any hearing or investigation conducted before the board.

�� (2) In case of failure or refusal on the part of any person to comply with the subpoena issued by the board or in the case of the refusal of any witness to testify as to any matter regarding which the witness may lawfully be interrogated it shall be the duty of the circuit court of any county or any judge thereof, upon application of the board, to issue an order to show cause why such person should not be held for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

�� (3) The board may, in any matter before the board, cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil suits in the circuit courts of this state. [1953 c.667 �13; 2005 c.22 �374; 2007 c.672 �13]

�� 520.130 [Repealed by 1953 c.667 �21]

�� 520.135 [1953 c.667 �14; repealed by 2007 c.672 �24]

�� 520.145 Judicial review of board or department actions. Any person adversely affected by any rule adopted by the governing board of the State Department of Geology and Mineral Industries under this chapter or any order issued by the board or the State Department of Geology and Mineral Industries under this chapter may obtain judicial review thereof pursuant to ORS chapter 183. [1953 c.667 �15; 1961 c.671 �20; 1979 c.562 �15; 1981 c.146 �3; 2007 c.672 �14]

�� 520.155 Records, accounts, reports and writings not to be falsified, altered, destroyed or removed from state. A person may not, for the purpose of evading the provisions of this chapter or any rule adopted or order issued under this chapter, make or cause to be made any false entry or statement in a report required by this chapter or by any rule or order under this chapter, make or cause to be made any false entry in any record, account or other writing required by this chapter or by any rule or order under this chapter, omit or cause to be omitted from any such record, account or writing full, true and correct entries as required by this chapter or any rule or order under this chapter, or remove from this state or destroy, mutilate, alter or falsify any such record, account or writing. [1953 c.667 �16; 2007 c.672 �15]

�� 520.165 Aiding or abetting in violation of chapter prohibited. A person may not knowingly aid or abet any other person in the violation of any provision of this chapter or any rule adopted or order issued under this chapter. [1953 c.667 �17; 2007 c.672 �16]

�� 520.175 Injunctions to restrain violation or threatened violation of chapter. (1) Whenever it appears that any person is violating or threatening to violate any provision of this chapter or any rule adopted or order issued under this chapter, the governing board of the State Department of Geology and Mineral Industries may bring an action against such person in the circuit court of any county where the violation occurs or is threatened, to restrain such person from continuing such violation. In any such action, the court shall have jurisdiction to grant to the board, without bond or other undertaking, such temporary restraining orders or final prohibitory and mandatory injunctions as the facts may warrant, including any such orders restraining the movement or disposition of oil or gas.

�� (2) If the board fails to bring an action to enjoin a violation or threatened violation of any provision of this chapter or any rule adopted or order issued under this chapter, within 60 days after receipt of a written request to do so by any person who is or will be adversely affected by such violation, then the person making such request may bring an action to restrain such violation or threatened violation in any court in which the board might have brought such action. The board shall be made a party defendant in such action in addition to the person or persons bringing the action and the action shall proceed and injunctive relief may be granted without bond in the same manner as if the action had been brought by the board. [1953 c.667 �18; 1979 c.284 �162; 2007 c.672 �17]

SPACING UNITS

�� 520.210 Establishment of spacing units for pool or field; purpose; scope; effect. (1) When necessary to prevent waste of oil or gas, to avoid the drilling of unnecessary wells or to protect correlative rights, the governing board of the State Department of Geology and Mineral Industries shall establish spacing units for a pool or field. Spacing units when established shall be of uniform size and shape for the entire pool or field, except that when found to be necessary for any of the above purposes the board is authorized to divide any pool or field into zones and establish spacing units for each zone, which units may differ in size and shape from those established in any other zone. The board may not establish spacing units for injection wells, withdrawal wells or monitoring wells drilled for the purpose of storing gas or other gaseous substances, or wells drilled for the underground disposal of fluids.

�� (2) The size and shape of spacing units shall be such as will result in efficient and economical development of the pool or field as a whole and the size thereof may not be smaller than the maximum area that can be efficiently drained by one well.

�� (3) An order establishing spacing units for a pool or field shall specify the size and shape of each unit and the location of each permitted well thereon in accordance with a reasonably uniform spacing plan. If an owner finds that a well drilled at the prescribed location would not produce in paying quantities or that surface conditions would substantially add to the burden or hazard of drilling such well, then the owner may apply to the department for permission to drill a well at a location other than that prescribed by such spacing order. The department shall notify adjacent mineral owners of such application and any such owner may request a hearing by the board to consider the application. If no request for a hearing is made in writing within 20 days, the department may issue an order approving the drilling site. Any order by the board or department under this section shall include in the order suitable provisions to prevent the production from the spacing unit of more than its just and equitable share of the oil and gas in the pool.

�� (4) An order establishing spacing units for a pool or field shall cover all lands determined or believed to be underlaid by such pool or field and may be modified by the board from time to time to include additional areas determined to be underlaid by such pool or field. When necessary to prevent waste of oil or gas, to protect correlative rights or to provide for more efficient drainage, an order establishing spacing units in a pool or field may be modified by the board to increase the size of spacing units for future wells in a pool or field or any zone thereof or to permit the drilling of additional wells on a reasonably uniform plan in such pool, field or zone. [Formerly 520.065; 1981 c.146 �4; 2007 c.672 �18]

�� 520.220 Integrating interests or tracts within spacing unit. (1) When two or more separately owned tracts are embraced within a spacing unit or when there are separately owned interests in all or a part of such spacing unit, then the interested persons may integrate their tracts or interests for the development and operation of the spacing unit.

�� (2) In the absence of voluntary integration, the governing board of the State Department of Geology and Mineral Industries, upon the application of any interested person, shall make an order integrating all tracts or interests in the spacing unit for the development and operation thereof and for the sharing of production therefrom. The board, as a part of the order establishing one or more spacing units, may prescribe the terms and conditions upon which the royalty interests in the units shall, in the absence of voluntary agreement, be deemed to be integrated without the necessity of a subsequent order integrating royalty interests. Each such integration order shall be upon terms and conditions that are just and reasonable. [Formerly 520.075]

UNIT OPERATIONS

�� 520.230 Approved agreement for cooperative or unit development of pool not to be construed as violating certain regulatory laws. (1) An agreement for the unit or cooperative development and operation of a field or pool in connection with the conduct of repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas in connection therewith, or any other method of operation, including water floods, is authorized and may be performed and shall not be held or construed to violate ORS 59.005 to 59.505, 59.710 to 59.830,

ORS 527.722

527.722, the county governing body shall adopt and may from time to time revise a comprehensive plan and zoning, subdivision and other ordinances applicable to all of the land in the county. The plan and related ordinances may be adopted and revised part by part or by geographic area.

�� (2) Zoning, subdivision or other ordinances or regulations and any revisions or amendments thereof shall be designed to implement the adopted county comprehensive plan.

�� (3) A county shall maintain copies of its comprehensive plan and land use regulations, as defined in ORS 197.015, for sale to the public at a charge not to exceed the cost of copying and assembling the material. [Amended by 1955 c.439 �2; 1963 c.619 �3; 1973 c.552 �4; 1977 c.766 �2; 1981 c.748 �41; 1987 c.919 �5; 1991 c.363 �1]

�� 215.055 [1955 c.439 �3; 1963 c.619 �4; 1971 c.13 �2; 1971 c.739 �1; 1973 c.80 �43; 1975 c.153 �1; repealed by 1977 c.766 �16]

�� 215.060 Procedure for action on plan; notice; hearing. Action by the governing body of a county regarding the plan shall have no legal effect unless the governing body first conducts one or more public hearings on the plan and unless 10 days� advance public notice of each of the hearings is published in a newspaper of general circulation in the county or, in case the plan as it is to be heard concerns only part of the county, is so published in the territory so concerned and unless a majority of the members of the governing body approves the action. The notice provisions of this section shall not restrict the giving of notice by other means, including mail, radio and television. [Amended by 1963 c.619 �5; 1967 c.589 �1; 1973 c.552 �6]

�� 215.070 [Repealed by 1963 c.619 �16]

�� 215.080 Power to enter upon land. The commission, and any of its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain the necessary monuments and markers thereon.

�� 215.090 Information made available to commission. Public officials, departments and agencies, having information, maps or other data deemed by the planning commission pertinent to county planning shall make such information available for the use of the commission. [Amended by 1977 c.766 �3]

�� 215.100 Cooperation with other agencies. The county planning commission shall advise and cooperate with other planning commissions within the state, and shall upon request, or on its own initiative, furnish advice or reports to any city, county, officer or department on any problem comprehended in county planning.

�� 215.104 [1955 c.439 �4; 1963 c.619 �6; 1967 c.589 �2; 1973 c.552 �7; repealed by 1977 c.766 �16]

�� 215.108 [1955 c.439 �5; 1961 c.607 �1; repealed by 1963 c.619 �16]

�� 215.110 Recommendations for implementation of comprehensive plan; enactment of ordinances; referral; retroactivity. (1) A planning commission may recommend to the governing body ordinances intended to implement part or all of the comprehensive plan. The ordinances may provide, among other things, for:

�� (a) Zoning;

�� (b) Official maps showing the location and dimensions of, and the degree of permitted access to, existing and proposed thoroughfares, easements and property needed for public purposes;

�� (c) Preservation of the integrity of the maps by controls over construction, by making official maps parts of county deed records, and by other action not violative of private property rights;

�� (d) Conservation of the natural resources of the county;

�� (e) Controlling subdivision and partitioning of land;

�� (f) Renaming public thoroughfares;

�� (g) Protecting and assuring access to incident solar energy;

�� (h) Protecting and assuring access to wind for potential electrical generation or mechanical application; and

�� (i) Numbering property.

�� (2) The governing body may enact, amend or repeal ordinances to assist in carrying out a comprehensive plan. If an ordinance is recommended by a planning commission, the governing body may make any amendments to the recommendation required in the public interest. If an ordinance is initiated by the governing body, it shall, prior to enactment, request a report and recommendation regarding the ordinance from the planning commission, if one exists, and allow a reasonable time for submission of the report and recommendation.

�� (3) The governing body may refer to the electors of the county for their approval or rejection an ordinance or amendments thereto for which this section provides. If only a part of the county is affected, the ordinance or amendment may be referred to that part only.

�� (4) An ordinance enacted by authority of this section may prescribe fees and appeal procedures necessary or convenient for carrying out the purposes of the ordinance.

�� (5) An ordinance enacted by authority of this section may prescribe limitations designed to encourage and protect the installation and use of solar and wind energy systems.

�� (6) No retroactive ordinance shall be enacted under the provisions of this section. [Amended by 1963 c.619 �7; 1973 c.696 �22; 1975 c.153 �2; 1977 c.766 �4; 1979 c.671 �2; 1981 c.590 �7]

�� 215.120 [Amended by 1957 c.568 �2; repealed by 1963 c.619 �16]

�� 215.124 [1955 c.683 ��2, 4; 1957 c.568 �3; repealed by 1959 c.387 �1]

�� 215.126 [1955 c.683 �3; 1957 c.568 �1; 1959 c.387 �2; repealed by 1963 c.619 �16]

�� 215.130 Application of ordinances and comprehensive plan; alteration of nonconforming use. (1) Any legislative ordinance relating to land use planning or zoning shall be a local law within the meaning of, and subject to, ORS 250.155 to 250.235.

�� (2) An ordinance designed to carry out a county comprehensive plan and a county comprehensive plan shall apply to:

�� (a) The area within the county also within the boundaries of a city as a result of extending the boundaries of the city or creating a new city unless, or until the city has by ordinance or other provision provided otherwise; and

�� (b) The area within the county also within the boundaries of a city if the governing body of such city adopts an ordinance declaring the area within its boundaries subject to the county�s land use planning and regulatory ordinances, officers and procedures and the county governing body consents to the conferral of jurisdiction.

�� (3) An area within the jurisdiction of city land use planning and regulatory provisions that is withdrawn from the city or an area within a city that disincorporates shall remain subject to such plans and regulations which shall be administered by the county until the county provides otherwise.

�� (4) County ordinances designed to implement a county comprehensive plan shall apply to publicly owned property.

�� (5) The lawful use of any building, structure or land at the time of the enactment or amendment of any zoning ordinance or regulation may be continued. Alteration of any such use may be permitted subject to subsection (9) of this section. Alteration of any such use shall be permitted when necessary to comply with any lawful requirement for alteration in the use. Except as provided in ORS

ORS 536.005

536.005 [1975 c.581 �13; repealed by 1985 c.673 �185]

GENERAL PROVISIONS

�� 536.007 Definitions. As used in ORS 196.600 to 196.921, 541.010 to 541.320, 541.386, 541.430 to 541.545 and 541.700 to 541.990 and ORS chapters 536 to 540, 542 and 543:

�� (1) �Commission� means the Water Resources Commission.

�� (2) �Department� means the Water Resources Department.

�� (3) �Director� means the Water Resources Director.

�� (4) �Existing right� or �vested right� or words of similar import include an inchoate right to the use of water to the fullest extent that the right is recognized, defined or declared by the commission, the director or any court within this state.

�� (5) �Order� has the meaning given in ORS 183.310.

�� (6) �Person� includes individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, the state and any agencies thereof, and the federal government and any agencies thereof.

�� (7) �Public corporation� includes any city, county or district organized for public purposes.

�� (8) �Rule� has the meaning given in ORS 183.310.

�� (9) �State agency� includes any office, board, commission or department of a state government.

�� (10) �State water resources policy� means the water resources policy provided for in ORS 536.295 to 536.350 and 537.505 to 537.534.

�� (11) �Undetermined vested right� means a water right claimed under ORS 539.010 as having vested or as having been initiated before February 24, 1909, that has not been determined in an adjudication proceeding under ORS chapter 539 nor is evidenced by a permit or certificate issued under the Water Rights Act.

�� (12) �Waters of this state� means any surface or ground waters located within or without this state and over which this state has sole or concurrent jurisdiction.

�� (13) �Water resources of this state� means waters of this state and the following auxiliary lands whose usage directly affects the development and control of the waters of this state:

�� (a) Potential reservoir sites.

�� (b) Floodplain areas forming the predictable channels of floodwater drainage of rivers and streams. [1985 c.673 �2; 1989 c.691 �5]

�� 536.008 [1975 c.581 �14; 1985 c.421 �4; repealed by 1985 c.673 �185]

�� 536.009 Water Resources Department Water Right Operating Fund; uses; sources. (1) There is established in the State Treasury the Water Resources Department Water Right Operating Fund, separate and distinct from the General Fund, to provide for the payment of the program and administrative expenses of the Water Resources Commission and the Water Resources Department in carrying out the provisions of ORS chapters 536, 537, 540 and 541. Interest earned by the fund shall be credited to the fund.

�� (2) The fund shall consist of:

�� (a) All moneys received under ORS 536.050 and 537.747.

�� (b) All moneys received on behalf of the fund by gift, grant or appropriation from whatever source.

�� (3) All moneys in the fund are continuously appropriated to the Water Resources Department for payment of expenses as described in this section. [1989 c.758 �3; 1993 c.765 �106; 1999 c.1026 �19; 2003 c.594 �5]

�� Note: 536.009 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 536.010 [Amended by 1955 c.707 �66; 1973 c.792 �23; repealed by 1975 c.581 �29]

�� 536.014 [1975 c.581 �15; 1981 c.545 �12; 1983 c.643 �1; repealed by 1985 c.673 �185]

�� 536.015 Water Resources Department Hydroelectric Fund; uses; sources. (1) The Water Resources Department Hydroelectric Fund is established separate and distinct from the General Fund of the State Treasury. Except as provided in subsections (4) and (5) of this section, of the moneys in the Water Resources Department Hydroelectric Fund:

�� (a) A portion equal to 67 percent of the total moneys received each year shall be transferred to the fund created under ORS 496.835;

�� (b) A portion equal to 10.3 percent of the total moneys received each year shall be transferred to an account of the Department of Environmental Quality to be used to review applications for certification of hydroelectric projects under ORS

ORS 536.015

536.015.

�� (6) No fee shall be charged under this section unless the project is a federally licensed project.

�� (7) No fee shall be charged pursuant to subsection (1) of this section unless the Hydroelectric Application Review Team proposes to reauthorize the water right for the project in the proposed final order submitted to the Water Resources Department under ORS

ORS 537.133

537.133, 537.139, 537.140, 537.250, 772.305 and 772.310. [1989 c.509 �8; 1995 c.365 �2; 1995 c.416 �4]

�� Note: 537.139 was added to and made a part of 537.110 to 537.330 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 537.140 Application for permit; contents; maps and drawings. (1)(a) Each application for a permit to appropriate water shall be made to the Water Resources Department on a form prescribed by the department and shall set forth:

�� (A) The name and mailing address of the applicant;

�� (B) The source of water supply including the name and mailing address of any owner of the land upon which the source of the water supply is located;

�� (C) The nature and amount of the proposed use;

�� (D) The location and description of the proposed ditch, canal or other work, including the name and mailing address of the owner of any lands that are not owned by the applicant and that are crossed by the proposed ditch, canal or other work even if the applicant has obtained written authorization or an easement from the owner;

�� (E) A statement declaring whether the applicant has written authorization or an easement permitting access to nonowned land crossed by the proposed ditch, canal or other work;

�� (F) The time within which it is proposed to begin construction;

�� (G) The time required for completion of the construction;

�� (H) The time for the complete application of the water to the proposed use; and

�� (I) Any other information required in the application form that is necessary to evaluate the application as established by statute and rule.

�� (b) If for agricultural purposes, the application shall give the legal subdivisions of the land and the acreage to be irrigated, as near as may be.

�� (c) Except as provided in subsection (2) of this section, if for power purposes, the application shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied.

�� (d) If for construction of a reservoir, the application shall give the height of dam, the capacity of the reservoir, and the uses to be made of the impounded waters.

�� (e) If for municipal water supply, the application shall give the present population to be served, and, as near as may be, the future requirements of the city.

�� (f) If for mining purposes, the application shall give the nature of the mines to be served, and the methods of supplying and utilizing the water.

�� (2) Any person who has applied to the Federal Energy Regulatory Commission for a preliminary permit or an exemption from licensing shall, at the same time, apply to the Water Resources Department for a permit to appropriate water for a hydroelectric project. An applicant for a permit to appropriate water for a new hydroelectric project shall submit to the department a complete copy of any application for the project filed with the Federal Energy Regulatory Commission or other federal agency. If the copy of the federal application is filed with the department at the same time it is filed with the federal agency, at the department�s discretion such copy may fulfill the requirements for an application under subsection (1) of this section.

�� (3) Each application shall be accompanied by any map or drawing and all other data concerning the proposed project and the applicant�s ability and intention to construct the project, as may be prescribed by the Water Resources Commission. The accompanying data shall be considered a part of the application.

�� (4) The map or drawing required to accompany the application shall be of sufficient quality and scale to establish the location of the proposed point of diversion and the proposed place of use identified by tax lot, township, range, section and nearest quarter-quarter section along with a notation of the acreage of the proposed place of use, if appropriate. In addition, the department shall accept locational coordinate information, including latitude and longitude as established by a global positioning system. If the application is for a water right for a municipal use, the map need not identify the proposed place of use by tax lot.

�� (5) Each application for a permit to appropriate water shall be accompanied by the examination fee set forth in ORS 536.050 (1).

�� (6) If the proposed use of the water is for operation of a mining operation as defined in ORS 517.952, the applicant shall provide the information required under this section as part of the consolidated application under ORS 517.952 to 517.989. [Amended by 1985 c.673 �27; 1987 c.542 �5; 1989 c.509 �4; 1991 c.735 �32; 1991 c.869 �6; 1993 c.557 �1; 1993 c.591 �2; 1995 c.365 �3; 1995 c.416 �5; 1997 c.446 �1; 1997 c.587 �4; 2013 c.371 �31; 2025 c.575 �4]

�� 537.141 Uses of water not requiring water right application, permit or certificate; rules. (1) The following water uses do not require an application under ORS 537.130 or 537.615, a water right permit under ORS 537.211 or a water right certificate under ORS 537.250:

�� (a) Emergency fire-fighting uses;

�� (b) Nonemergency fire-fighting training, provided:

�� (A) The source of the water is existing storage and the use occurs with permission of the owner of the stored water; or

�� (B) If the source of water is other than existing storage, the use occurs with the prior written approval of the watermaster in the district where the training will take place and subject to any conditions the watermaster determines are necessary to prevent injury to existing water rights and to protect in-stream resources;

�� (c) Water uses that divert water to water tanks or troughs from a reservoir for a use allowed under an existing water right permit or certificate for the reservoir;

�� (d) Fish screens, fishways and fish by-pass structures, as exempted by rule of the Water Resources Commission;

�� (e) Land management practices intended to save soil and improve water quality by temporarily impeding or changing the natural flow of diffuse surface water across agricultural lands when storage of public waters is not an intended purpose. Such practices include but are not limited to:

�� (A) Terraces;

�� (B) Dikes;

�� (C) Retention dams and other temporary impoundments; and

�� (D) Agronomic practices designed to improve water quality and control surface runoff to prevent erosion, such as ripping, pitting, rough tillage and cross slope farming;

�� (f) Livestock watering operations that comply with the requirements under subsections (2) and (3) of this section;

�� (g) Forest management activities that require the use of water in conjunction with mixing pesticides as defined in ORS 634.006, or in slash burning;

�� (h) The collection of precipitation water from an artificial impervious surface and the use of such water;

�� (i) Land application of ground water so long as the ground water:

�� (A) Has first been appropriated and used under a permit or certificate issued under ORS

ORS 537.211

537.211 or any license granted under ORS 543.260 that the person operating the hydroelectric project shall, during the operational lifetime of the project, perform or allow the State Department of Fish and Wildlife to perform, any tests or studies required by the department to evaluate the effectiveness of measures for the protection of fish. The scope and cost of these studies will be negotiated between the State Department of Fish and Wildlife and the operator. [1985 c.674 �6; 1987 c.158 �116; 1995 c.416 �40]

�� Note: 543.265 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 543.270 Preference in granting permit or license; municipal use. In issuing preliminary permits, and in issuing licenses where no preliminary permit is held by an applicant for a license, preference shall be given to the application which appears to the Water Resources Commission to be best adapted to conserve and utilize the water power involved. However, any application for the use of water made by any municipal corporation of this state under any law of the state, before a preliminary permit is issued, or before a license is issued when no preliminary permit upon the proposed project has been issued, shall always have preference. [Amended by 1985 c.673 �151]

�� 543.280 Fee payments by licensee. (1) Any person who applies to the Federal Energy Regulatory Commission for a preliminary permit to operate a hydroelectric project shall, at the same time, apply for a state preliminary permit. An applicant for a state preliminary permit for a new hydroelectric project shall submit to the Water Resources Commission a complete copy of any application for the project filed with the Federal Energy Regulatory Commission or other federal agency. For preliminary permits, if the copy of the federal application is filed with the commission at the same time it is filed with the federal agency, at the commission�s discretion, such copy may fulfill the requirements of ORS 543.210, except for the fee requirement in ORS 543.210 (4).

�� (2) An applicant for a preliminary permit or license for a project or for a permit to appropriate water for power purposes shall pay to the state a project fee based on the capacity of the project to cover costs of recording, publishing notices, conducting the hearing required by ORS 543.225 and making investigations necessary to determine whether a permit should be granted.

�� (3) The amount of the total project fee required under subsection (2) of this section shall be:

�� (a) For a project of less than 100 theoretical horsepower, $1,000.

�� (b) For any project of 100 theoretical horsepower or more, an amount equal to $5,000 plus $1,000 per megawatt for each megawatt of capacity in excess of five megawatts, up to a maximum of $100,000.

�� (4) Except for projects of less than 100 theoretical horsepower, the project fee required under subsection (2) of this section shall be payable in advance before each of four stages of project review as established by rule by the Water Resources Commission. The payment schedule shall not require the applicant to pay more than $2,500 of the project fee at the first stage of project review or more than 50 percent of the total project fee in the first two stages of the project review. For a project of less than 100 theoretical horsepower, the applicant shall pay 50 percent of the fee at the time of filing the application for a preliminary permit or application for a permit to appropriate water for power purposes and the remaining 50 percent before the commission issues a license or a water right permit. A person may withdraw an application for a hydroelectric project after any stage of project review without further payment of fees under this section.

�� (5) In addition to the project fee required under subsection (2) of this section, any applicant for a project to be sited at a location where anadromous fish or threatened or endangered species are present shall pay a surcharge of 30 percent of the total project fee. The surcharge shall be collected in conjunction with the project fee at each stage of the project review.

�� (6) The commission shall provide an applicant a statement itemizing the staff time, resources and costs expended to review the application at each project stage. The statement shall include the costs expended by the State Department of Fish and Wildlife and the Water Resources Department specific to the project. [Amended by 1957 c.581 �1; 1985 c.673 �152; 1991 c.869 �9]

�� 543.290 Filing of maps, plans, estimates and other materials; incorporation as part of license; alteration; further statements and data. The applicant for a license shall submit to and file with the Water Resources Commission:

�� (1) All maps, plans, specifications and cost estimates as may be required by the commission for a full understanding of the proposed project. The maps, plans and specifications, when approved by the commission, shall become a part of the license, if one is issued upon the application, and thereafter no change shall be made in any such maps, plans and specifications until the proposed change has been approved by the commission. When a proposed change is approved by the commission, the changes shall become a part of the license.

�� (2) Any further statements and data as may be required by the commission concerning the proposed project, the market to be served, the financial responsibility of the applicant, the plan of financing and any other matters deemed material by the commission. [Amended by 1985 c.673 �153]

�� 543.300 Conditions governing license; fees; waiver of conditions. Any license issued under ORS

ORS 537.250

537.250 which, after the expiration of three months from the date it is issued, has not been contested and canceled in the manner provided in ORS 537.260, and a water right certificate, when issued under ORS 539.140, shall be conclusive evidence of the priority and extent of the appropriation therein described in any proceeding in any court or tribunal of the state, except in those cases where the rights of appropriation thereby described have been abandoned subsequent to issuance of the certificate.

�� 537.280 [Renumbered 537.335]

�� 537.282 Definition of �municipal applicant.� As used in ORS 537.282 to 537.299, �municipal applicant� means any municipal corporation or district as defined in ORS 543.655 that has applied for a permit to appropriate water for the purpose of generating hydroelectric power under the provisions of this chapter, or that has been accorded any right or preference under ORS 543.260, 543.270 or 543.610. [1985 c.392 �2]

�� 537.283 Procedure for applications to appropriate water for hydroelectric power; rules. (1) Notwithstanding any other provision of ORS 537.140 to 537.350, in accordance with the applicable provisions of ORS chapter 183, the Water Resources Commission shall by rule establish a procedure for processing applications to appropriate water for hydroelectric power under ORS 537.140 to 537.320.

�� (2) Rules adopted under subsection (1) of this section:

�� (a) To the extent possible, shall be consistent with the process established for other applications to appropriate water for other beneficial uses under ORS 537.140 to 537.252.

�� (b) Shall not supersede any provision pertaining to hydroelectric power established under this chapter or ORS chapter 543, to the extent such provisions are applicable to applications to appropriate water for hydroelectric power purposes.

�� (c) Need not comply with the mandatory time limits or notice provisions established under ORS 537.140 to 537.350 if such provisions are incompatible with the substantive requirements applicable to applications to appropriate water for hydroelectric power purposes. [1995 c.416 �32a]

�� Note: 537.283 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 537.285 Municipal applicant may develop hydroelectric project jointly with private person; restrictions. A municipal applicant may contract with a private person for the purpose of generating hydroelectric power. The municipal applicant shall retain sufficient benefit and interest in, and control of a joint project as necessary for the project to be considered a municipal project. A municipal applicant and a private person developing a joint project under this chapter must comply with the rules adopted by the Water Resources Commission under ORS 537.287. [1985 c.392 �3]

�� 537.287 Rules for joint project of municipal applicant and private person. The Water Resources Commission shall establish rules necessary to carry out the provisions of ORS 537.285. The rules shall include the amount of control over and interest in a joint project a municipal applicant must retain in order to receive the benefit of the municipal preference and proceed under the municipal application process set forth in this chapter. [1985 c.392 �4]

�� 537.289 Conditions to be imposed on permit of municipal corporation or district. (1) Whenever the Water Resources Department issues a permit under ORS 537.211 allowing a municipal corporation or district, as defined in ORS 543.655, to appropriate water for the purpose of generating hydroelectric power, the department shall impose the following conditions on the permit, in addition to any other term, limitation or condition imposed under ORS 537.211:

�� (a) That the permit may not be assigned to any nonmunicipal entity so as to result in a loss of ownership of the permit by a municipal corporation or district.

�� (b) That the holder of the permit must remain qualified as a municipal applicant under ORS

ORS 537.285

537.285 and 537.287. If the municipal corporation or district proposes to generate hydroelectric power jointly with a nonmunicipal entity, that any proposed changes in the agreement between the municipal corporation and the nonmunicipal entity must be reviewed by the department to determine whether the permittee remains qualified as a municipal applicant.

�� (2) If the department determines that a permittee no longer qualifies as a municipal applicant, the department shall notify the permittee and any nonmunicipal entity developing a project with the permittee that the parties have 90 days to amend their joint relationship to continue qualifying as a municipal corporation or district. [1985 c.392 �5; 1985 c.673 �186; 1995 c.416 �33]

�� 537.290 [Renumbered 537.340]

�� 537.292 Conditions to be imposed on certificate of municipal corporation or district. (1) Whenever the Water Resources Commission issues a certificate under ORS 537.250 granting a municipal corporation or district as defined in ORS 543.655 the right to appropriate water for the purpose of generating hydroelectric power, the commission shall impose the following conditions on the certificate, in addition to any other term, limitation or condition imposed under ORS 537.250:

�� (a) That the water right may not be assigned to any nonmunicipal entity so as to result in a loss of ownership of the certificate by the municipal corporation or district.

�� (b) That the holder of the water right certificate must remain qualified as a municipal applicant under ORS 537.285 and 537.287. If the municipal corporation or district is generating the hydroelectric power jointly with a nonmunicipal entity, that any proposed changes in the agreement between the municipal corporation and the nonmunicipal entity must be reviewed by the Water Resources Commission to determine whether or not the owner of the certificate remains qualified as a municipal applicant.

�� (2) If the commission determines that an owner of a certificate no longer qualifies as a municipal applicant, the commission shall notify the owner of the certificate and any nonmunicipal entity developing or operating the project jointly with the owner that the parties have 90 days to amend their joint agreement in a manner that allows the parties to continue to qualify as a municipal corporation or district. [1985 c.392 �6; 1985 c.673 �187]

�� 537.295 Cancellation of permit when holder fails to continue to qualify as municipal applicant. (1) If the holder of a permit to appropriate water for hydroelectric purposes under this chapter fails, after receiving notice under ORS 537.289 (2), to amend the joint agreement so the holder continues to qualify as a municipal applicant, or if the holder of the permit has assigned ownership of the permit to an entity other than a municipal corporation or district, the Water Resources Commission shall initiate proceedings to cancel the permit.

�� (2) The provisions of ORS 536.076 and 536.077, and rules adopted thereunder, apply to a contested case proceeding on a proposed final order issued under this section. [1985 c.392 �7; 1985 c.673 �188; 2025 c.575 �10]

�� 537.297 Cancellation of water right certificate when holder fails to continue to qualify as municipal applicant. (1) If the owner of a certificate to appropriate water for hydroelectric purposes under this chapter fails, after receiving notice under ORS 537.289 (2), to amend the joint agreement so the owner continues to qualify as a municipal applicant, or if the holder of the certificate has assigned ownership of the certificate to an entity other than a municipal corporation or district, the Water Resources Commission shall initiate proceedings to cancel the certificate.

�� 537.299 Consequences of cancellation of permit or certificate if holder no longer municipal applicant; conditions to protect public health and welfare. (1) If the Water Resources Commission cancels a permit or certificate under ORS 537.295 or 537.297, the municipal applicant may apply for a permit to appropriate water for hydroelectric purposes under this chapter, or the private developer may apply for a hydroelectric license under ORS chapter 543. However, the parties may not jointly apply for a permit to appropriate water for hydroelectric purposes pursuant to ORS 537.285.

�� (2) When a permit or certificate is canceled under ORS 537.295 or 537.297, the cancellation order may include such conditions and requirements as the commission deems necessary for the public safety and welfare, including but not limited to:

�� (a) Delay of the effective date of cancellation until such time as another entity is authorized to operate the facility under this chapter or ORS chapter 543; or

�� (b) Provision for operation of the facility during the period between cancellation and issuance of a new permit, certificate or license. [1985 c.392 �9; 1985 c.673 �190]

�� 537.300 [Subsection (2) enacted as 1961 c.187 �2; 1985 c.673 �39; renumbered 537.345 and then 537.400 in 1987]

�� 537.310 Acquisition of water rights for railway purposes; certificates. (1) Any corporation organized for the construction, maintenance or operation of any railway may acquire, hold and appropriate to its use for railway purposes any waters within the state. The appropriation may be accomplished by the procedure provided by ORS 537.130 and

ORS 537.348

537.348. [1987 c.859 �11; 1995 c.416 �42]

�� 537.354 In-stream water right subject to emergency water shortage provisions. An in-stream water right established under the provisions of ORS 537.332 to 537.360 shall be subject to the provisions of ORS 536.700 to 536.780. [1987 c.859 �12]

�� 537.356 Request for reservation of unappropriated water for future economic development; priority date of reservation. (1) Any local government, local watershed council or state agency or any other individual cooperating jointly with a local government, local watershed council or state agency may request the Water Resources Commission to reserve unappropriated water for multipurpose storage for future economic development.

�� (2) A request under subsection (1) of this section shall be in writing on a form provided by the Water Resources Department. Before deciding whether to approve the request and initiate a rulemaking process, the commission shall request comments from any local government or watershed council within the geographic area or basin affected by the request. The comment period shall be closed not later than 120 days after the request is submitted.

�� (3) The priority date for any reservation established under this section shall be the date on which the commission takes action to initiate the rulemaking process. [1987 c.859 �13; 1997 c.445 �1]

�� 537.358 Rules for reservation for future economic development; application for use of reserved water. (1) In adopting a rule under ORS 537.356 to reserve unappropriated water for multipurpose storage for future economic development, the Water Resources Commission shall include a public interest review that takes into consideration the factors described under ORS 537.170.

�� (2) A person requesting use of the reserved water for new storage shall submit a water right application and comply with the procedure set forth in ORS 537.140 to 537.252, except that the priority date for a storage right approved for use of reserved water shall be the date of the reservation. The commission by rule may describe a process for ensuring that the proposed use is consistent with the requirements of the rule establishing the reservation. [1987 c.859 �14; 1997 c.445 �2]

�� 537.360 Relationship between application for in-stream water right and application for certain hydroelectric permits. If an application is pending under this chapter for a water right permit to use water for hydroelectric purposes or under ORS 543.010 to 543.610 for a hydroelectric permit or license at the time the Water Resources Commission receives an application for an in-stream water right under ORS 537.336 for the same stream or reach of the stream, the commission shall not take any action on the application for an in-stream water right until the commission issues a final order approving or denying the pending hydroelectric application. [1987 c.859 �15]

(Deschutes River Water Bank Pilot Program)

�� Note: Sections 1 to 7 and 9, chapter 513, Oregon Laws 2025, provide:

�� Sec. 1. (1) The Water Resources Commission, after providing opportunity for public notice and comment, may approve a charter to establish a Deschutes River water bank pilot program for surface water. Before approving the charter, the commission must find that the charter:

�� (a) Is approved by the Confederated Tribes of the Warm Springs; and

�� (b) Adheres to the requirements for a water bank charter described in subsection (3) of this section.

�� (2) The persons and entities that are eligible to participate in a water bank described in subsection (1) of this section are:

�� (a) Water rights holders that divert surface water from the Deschutes River, including irrigation districts.

�� (b) The Confederated Tribes of the Warm Springs.

�� (c) Cities in central Oregon.

�� (d) Public utilities, as defined in ORS 757.005, and domestic water supply districts organized under ORS chapter 264 that:

�� (A) Supply water to cities in central Oregon; and

�� (B) Provide water to at least 2,000 water service connections.

�� (e) The Deschutes River Conservancy.

�� (3) A water bank charter must include:

�� (a) A description of the geographic area for water bank operations, which must be limited to the Deschutes River above Lake Billy Chinook and areas that may be served by the water bank by points of diversion from the Deschutes River.

�� (b) Identification of, and signatures from authorized representatives of, the participants.

�� (c) An agreement that the Deschutes River Conservancy will manage the operations of the water bank, in coordination with the participants.

�� (d) A requirement that water described in subsection (4) of this section be dedicated to legally protected in-stream flows as provided in subsection (4) of this section.

�� (e) A requirement that the participants depositing water into or receiving water from the water bank have measured water use and reported the measurements to the Water Resources Department for the past five years.

�� (f) A requirement that the operations of the water bank may not:

�� (A) Injure existing water rights, unless the holder of the right has signed a forbearance agreement.

�� (B) Reduce the surface flow of state scenic waterways.

�� (C) Except as provided in section 4 of this 2025 Act, enlarge existing water rights.

�� (D) Result in a total number of irrigated acres that is greater than the acreage authorized under a person�s or entity�s existing water rights for irrigation.

�� (E) Deposit water from or provide water to existing water rights that:

�� (i) Are not a water use subject to transfer, as defined in ORS 540.505; and

�� (ii) Have not been beneficially used in the past five years or are otherwise subject to forfeiture.

�� (g) A description of how the water bank will ensure that uses are consistent with basin plans or rules of the commission.

�� (h) A description of how water rights will be vetted for inclusion in the water bank, including how the water rights will satisfy the requirements of paragraph (f) of this subsection.

�� (i) A description of how the participants depositing water into or receiving water from the water bank will manage water in coordination with the department.

�� (4) For purposes of subsection (3)(d) of this section, the following shall be dedicated to legally protected in-stream flows:

�� (a) Twenty-five percent of the volume of water loaned to the water bank as a result of the fallowing of acres during all or part of an irrigation season, which must be protected by an in-stream lease during the irrigation season.

�� (b) Water withdrawn by the North Unit Irrigation District as a result of water loaned to the water bank from on-farm activities, other than the fallowing of acres during the irrigation season, which shall be protected in an amount equal to 100 percent of the withdrawn value. The protection in-stream shall be by an in-stream lease or a limited license for flow augmentation for winter release from Wickiup Reservoir into the Deschutes River.

�� (c) Any surface water loaned to the water bank that is more than the surface water transacted for out-of-stream use, which must be protected by an in-stream lease during the irrigation season.

�� (d) Water deposited into the water bank solely for in-stream purposes and protected by an in-stream lease during the irrigation season.

�� (5) Operational water and water from district conveyance losses are not eligible for deposit into the water bank.

�� (6) A water bank approved under this section must be operated in accordance with sections 1 to 7 of this 2025 Act. [2025 c.513 �1]

�� Sec. 2. (1) On or before January 1 of each year, the Deschutes River Conservancy may submit a proposed annual operating plan for a water bank approved under section 1 of this 2025 Act to the Water Resources Department.

�� (2) A water bank described in section 1 of this 2025 Act may operate only under an annual operating plan that is approved in writing by the Water Resources Department on or before March 1 of each year in which the water bank operates.

�� (3) Before approving a proposed annual operating plan, the Water Resources Department shall make the proposed plan available for public comment on whether the proposed plan meets the standards described in subsection (5) of this section.

�� (4) The Water Resources Department shall seek comments on the proposed annual operating plan from the State Department of Fish and Wildlife and the Confederated Tribes of the Warm Springs. If the State Department of Fish and Wildlife or the Confederated Tribes of the Warm Springs raise any objections to the proposed plan, the Deschutes River Conservancy shall amend the proposed plan to resolve the objections. The Water Resources Department may not approve the proposed plan unless the objections are resolved.

�� (5) A proposed annual operating plan must:

�� (a) Include the report described in section 6 of this 2025 Act.

�� (b) Describe the following activities:

�� (A) How surface water supply will be made available to loan to the water bank that is subject to the annual operating plan.

�� (B) How surface water deposited in the water bank that is subject to the annual operating plan may be withdrawn from the water bank and used.

�� (6) The participants in a water bank may loan or withdraw surface water during an irrigation season only as described under to subsection (5)(b) of this section.

�� (7) The department may not approve a proposed annual operating plan under this section if the department determines that, for the year to which the proposed plan applies, there are not sufficient resources available to the department, from any source, to allow the department to carry out the department�s duties under sections 1 to 7 of this 2025 Act. [2025 c.513 �2]

�� Sec. 3. (1) In lieu of submitting individual leases and temporary transfer or forbearance agreements, not less than 30 days before the start of an irrigation season, a water bank approved under section 1 of this 2025 Act may submit a consolidated lease and temporary forbearance transfer of water application to the Water Resources Department.

�� (2)(a) Each application may not contain more than one irrigation water right, which must have a priority date before January 1, 1906. Except as provided in paragraph (b) of this subsection, each application shall identify no more than one stream reach and one point of diversion to which the deposited water may be distributed.

�� (b) The water bank may submit a single application for the North Unit Irrigation District to receive water at two points of diversion. However, the department may require separate applications for separate priority dates.

�� (3) The water bank shall submit the application in the form and manner prescribed by the department. The application must include:

�� (a) The location and number of acres fallowed for the full irrigation season from which surface water irrigation will be removed to be deposited into the water bank, the associated point of diversion, the amount of water associated with the acres and point of diversion measured in acre-feet and cubic feet per second, and the total amount of water to be reduced at the point of diversion.

�� (b) The point of diversion, or if the recipient is the North Unit Irrigation District, the points of diversion, from which water deposited into the water bank will be withdrawn and the quantity of water, measured in acre-feet and cubic feet per second, needed to fulfill a supply shortage of an existing irrigation water right within a district.

�� (c) The amount of water, measured in acre-feet and cubic feet per second, to be dedicated to in-stream use as an in-stream lease, the months of use and the location of the applicable water gage.

�� (d) A forbearance agreement for all water rights with points of diversion that consent to potential injury and to bypass water.

�� (e) A map that meets the requirements established by the department.

�� (f) Any other information required by the department.

�� (4) A watermaster shall integrate transactions of a water bank described in this section into management operations for the irrigation season if the department finds that:

�� (a) Acres deposited into the water bank are fallowed.

�� (b) The transaction meets the requirements for water bank operations described in section 1 of this 2025 Act.

�� (5) The water bank shall post the application described in this section on a publicly available website of the water bank. [2025 c.513 �3]

�� Sec. 4. (1) As used in this section:

�� (a) �District� has the meaning given that term in ORS 545.002.

�� (b) �Water use subject to transfer� has the meaning given that term in ORS 540.505.

�� (2) Notwithstanding ORS 537.348, the Water Resources Department may approve an application by a water bank approved under section 1 of this 2025 Act for a district that is withdrawing water from the Deschutes River above Lake Billy Chinook to engage in splitting the rate and duty of the water right between a district�s existing irrigation water right and another district�s existing irrigation water right or an in-stream water right or in-stream lease, if the application demonstrates that:

�� (a) Regardless of the duty on the water right, the duty to be split will not exceed 4.2 acre-feet per acre;

�� (b) The water bank has measurements of the on-farm water delivered, as measured by a totalizing flow meter and reported to the water bank, and has agreed to submit information to the watermaster upon request;

�� (c) The application includes a forbearance agreement for all water rights with points of diversion that consent to potential injury and to bypass water; and

�� (d) The transactions meet the requirements for water bank operations described in section 1 of this 2025 Act.

�� (3) In reviewing an application under subsection (2) of this section, the department:

�� (a) Shall publish notice of the application in the weekly public notice published by the department and accept any allegations of injury for at least 21 days after publication of the notice.

�� (b) When evaluating enlargement, may not consider whether the lease will:

�� (A) Fail to keep the existing place of use from receiving water; or

�� (B) Increase the acres irrigated under the water right, so long as there is no increase in water use and no expansion of irrigated acres under the depositing district�s water rights or the receiving district�s water rights.

�� (4) The terms of a transfer under this section must provide that, during the term of the transfer:

�� (a) The districts:

�� (A) May not increase the number of acres that are irrigated within the depositing district or the receiving district;

�� (B) May not increase the districts� use of supplemental water rights or storage water rights;

�� (C) Shall continue to provide access to the watermaster to measure the districts� water use, as needed above, below and at the point of diversion or points of rediversion and provide the measurements to the department in real time, to the satisfaction of the watermaster;

�� (D) Shall measure water use at the point of delivery and report the measurements to the Deschutes River Conservancy; and

�� (E) Shall, in coordination with the Deschutes River Conservancy, arrange for:

�� (i) A secondary water right to release water from storage outside of the irrigation season; or

�� (ii) A limited license for flow augmentation or an in-stream lease in the amount of water subject to the forbearance agreement.

�� (b) The Deschutes River Conservancy shall provide the measurements reported to the conservancy under paragraph (a)(D) of this subsection to the watermaster, upon request.

�� (5) The parties to a transfer under this section may establish additional requirements for a transfer under this section, which must be set forth in the water bank�s operating plan under section 2 of this 2025 Act. [2025 c.513 �4]

�� Sec. 5. (1) A water bank approved under section 1 of this 2025 Act may not operate during a calendar year if, prior to March 1 of the calendar year, participants in the water bank have not committed to a minimum of 1,800 acres of water rights to be leased under ORS 537.348.

�� (2) Acres that, on or after the effective date of this 2025 Act [January 1, 2026], are permanently converted to an in-stream water right under ORS 537.348 by a participant in the water bank may count toward the minimum number of acres described in subsection (1) of this section.

�� (3) At the time that a proposed annual operating plan is submitted under section 2 of this 2025 Act, the participants may agree to increase the acres protected by a lease under ORS 537.348 to a number of acres that is higher than the minimum described in subsection (1) of this section.

�� (4) A deposit of water into the water bank as a result of transactions approved under section 3 or 4 of this 2025 Act shall constitute beneficial use for purposes of ORS

ORS 538.150

538.150 shall not affect vested water rights or prevent condemnation for public park purposes of lands through which Hackett Creek or its tributaries flow.

�� 538.170 Johnson Creek in Multnomah and Clackamas Counties; limitations on appropriation or diversion. (1) Except as provided in subsection (2) of this section, the waters of Johnson Creek, a tributary of the Willamette River and located in Multnomah and Clackamas Counties and all tributaries thereof, except flows of Crystal Springs Creek and its tributaries in excess of 10 cubic feet per second measured at the mouth of Crystal Springs Creek:

�� (a) Are withdrawn from appropriation or condemnation; and

�� (b) Shall not be diverted or interrupted for any purpose whatsoever, except for the purpose of protecting fish life therein by the State Department of Fish and Wildlife or for the purpose of developing hydroelectric power not to exceed 25 theoretical horsepower if such hydroelectric development does not diminish perennial streamflow required for the maintenance of fish life.

�� (2) The tributaries withdrawn from appropriation and condemnation, but not the main channel, of Johnson Creek are open to appropriation and storage from December 1 to June 1 of each year. Water stored during this period may be used at any time. [Amended by 1953 c.221 �2; 1965 c.249 �1; 1973 c.50 �1; 1979 c.360 �1]

�� 538.180 Johnson Creek; existing rights; condemnation of land for park. ORS 538.170 shall not affect rights to the use of Johnson Creek recognized or acquired pursuant to section 2, chapter 273, Oregon Laws 1935; nor shall anything contained in ORS 538.170 prevent condemnation for public park purposes of lands through which Johnson Creek flows.

�� 538.190 Lake of the Woods and tributaries, Klamath County; diversion, interruption or appropriation of waters prohibited; excepted uses. In order to maintain, increase and perpetuate game fish and game fish propagation within Oregon, the waters or use of the waters of Lake of the Woods and its tributaries, situated in Klamath County, not already appropriated, shall not be diverted, interrupted or appropriated for any purpose whatsoever, except for domestic use on contiguous and surrounding land.

�� 538.200 Streams forming waterfalls near Columbia River Highway; withdrawal from appropriation or condemnation; diversion or interruption prohibited. The following streams and waters thereof forming waterfalls or cascades in view of, or near, the Columbia River Highway, from Sandy River to Hood River, the first 17 of which are in Multnomah County and the remainder of which are in Hood River County, are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except as mentioned in ORS 538.210:

�� (1) Latourell Creek�forming Latourell Falls.

�� (2) An unnamed stream whose waterfall is approximately at the southwest quarter of the southwest quarter of the northwest quarter of section 28, township 1 north, range 5 east, at the northern edge of Tax Lot 27/28. The fall is on the south side of the old Columbia River Highway 0.7 mile west of the highway bridge at Young Creek.

�� (3) An unnamed stream whose waterfall is approximately at the southeast quarter of the southwest quarter of the northwest quarter of section 28, township 1 north, range 5 east, at the northern intersection of Tax Lot 27/26. The falls are on the south side of the old Columbia River Highway 0.6 mile west of the highway bridge at Young Creek.

�� (4) An unnamed stream whose waterfall is approximately at the northeast quarter of the northeast quarter of the northwest quarter of section 28, township 1 north, range 5 east, Tax Lot 3. The falls are on the south side of the old Columbia River Highway 0.1 mile west of the highway bridge at Young Creek.

�� (5) Young Creek�forming Shepperd Dell Falls.

�� (6) Bridal Veil Creek�forming Bridal Veil Falls.

�� (7) Coopey Falls Creek.

�� (8) Mist Falls Creek.

�� (9) Wahkeena Creek�forming Wahkeena Falls, formerly known as Gordon Falls.

�� (10) Multnomah Creek�forming Multnomah Falls.

�� (11) Oneonta Creek�forming Oneonta Falls and Gorge.

�� (12) Horse Tail Creek�forming Horse Tail Falls.

�� (13) Tumalt Creek.

�� (14) McCord Creek, formerly known as Kelly Creek�forming Elowah Falls.

�� (15) Moffatt Creek�forming Wahe Falls.

�� (16) Tanner Creek�forming Wahclella Falls.

�� (17) Eagle Creek�forming Metlako Falls.

�� (18) Ruckle Creek, formerly known as Deadman�s Creek.

�� (19) Herman Creek.

�� (20) Grays Creek.

�� (21) Gorton Creek�forming Gorton Creek Falls.

�� (22) Harphan Creek.

�� (23) Summit Creek�forming Camp Benson Falls.

�� (24) Lindsey Creek�forming Lindsey Falls.

�� (25) Spring Creek, also known as Wonder Creek�forming Lancaster Falls.

�� (26) Warren Creek.

�� (27) Cabin Creek.

�� (28) Starvation Creek�forming Starvation Falls.

�� (29) Viento Creek.

�� (30) Perham Creek.

�� (31) Phelps Creek, except those creeks which are tributary to Phelps Creek and which arise in the north one-half of section 5, township 2 north, range 10 east of the Willamette Meridian, subject to prior rights. [Amended by 1953 c.48 �2; 1985 c.261 �1]

�� 538.210 Condemnation of lands for park not prevented; vested and riparian rights not affected; condemnation of lands or appropriation of waters for fish culture not prevented. ORS

ORS 538.200

538.200 shall not prevent the condemnation for public park purposes of any lands through which any of the streams flow; nor affect vested rights or the rights of riparian proprietors of such lands in or to the waters of the creeks or streams; nor prevent the condemnation of any lands through which any of the streams flow, for the purpose of establishing, maintaining and operating thereon salmon fish culture work, nor prevent the State Fish and Wildlife Commission from appropriating any waters for fish culture work; nor prevent the appropriation, for irrigation purposes, of waters between the Union Pacific Railroad tracks and the Columbia River that flow from any of the streams other than Herman Creek; provided, that no waters shall be taken from above the falls in the streams mentioned in ORS 538.200. [Amended by 1978 s.s. c.2 �1]

�� 538.220 Waters of Mill and Barr Creeks, Jackson County, withdrawn; exceptions. (1) The waters described as follows are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except for domestic purposes and protecting fish life therein by the State Fish and Wildlife Commission:

�� (a) The waters of Mill Creek, in Jackson County, beginning in section 22, township 31 south, range 4 east, Willamette Meridian, running thence southwesterly through township 31 south, range 3 east, Willamette Meridian, and township 32 south, range 3 east, Willamette Meridian, to a junction with the Rogue River in section 32, township 32 south, range 3 east, Willamette Meridian, together with the tributaries of said Mill Creek; and

�� (b) Barr Creek, in Jackson County, beginning in section 1, township 32 south, range 3 east, Willamette Meridian, and in section 6 and section 7, township 32 south, range 4 east, Willamette Meridian, running thence in a general southwesterly direction through township 32 south, range 3 east, Willamette Meridian, to a junction with the Rogue River in section 32, township 3 east, Willamette Meridian, together with the tributaries of said Barr Creek.

�� (2) Subsection (1) of this section shall not prevent the appropriation of the waters of Mill Creek, in Jackson County, for the development of hydroelectric power not to exceed one megawatt if:

�� (a) The hydroelectric project is located on Mill Creek at a point at least two miles above the confluence of Mill Creek and the Rogue River;

�� (b) All water appropriated from the stream is returned to the stream at a point at least one-half mile above the confluence of Mill Creek and the Rogue River; and

�� (c) The facility will be constructed and operated in compliance with recommendations by the State Department of Fish and Wildlife concerning fish conservation, including streamflow requirements based upon biological criteria. [Amended by 1959 c.104 �1; 1983 c.650 �1]

�� 538.230 Vested water rights not affected; condemnation for park not prevented. ORS 538.220 shall not affect vested water rights or prevent condemnation for public park purposes of lands through which Mill and Barr Creeks or their tributaries flow.

�� 538.240 [Repealed by 1963 c.95 �1]

�� 538.250 [Repealed by 1953 c.222 �3]

�� 538.251 Tributaries of Columbia River; limitations on appropriation or diversion. Except as otherwise provided in this section, the following waters, all being tributaries of the Columbia River, are withdrawn from appropriation and shall not be diverted or interrupted for any purpose, except for protecting fish life therein by the State Fish and Wildlife Commission:

�� (1) Clatskanie River and its tributaries, except Fall Creek in Columbia County, for purposes of hydroelectric generation if the facility is constructed and operated in compliance with recommendations by the State Department of Fish and Wildlife concerning fish conservation, including streamflow requirements based upon biological criteria.

�� (2) Klaskanine River and its tributaries in Clatsop County except an unnamed tributary of the South Fork Klaskanine River in Clatsop County, on which there is located an existing fish culture project, for purposes of hydroelectric generation if the facility is less than 100 horsepower and the electricity generated is for use in conjunction with the existing fish culture project.

�� (3) Lewis and Clark River in Clatsop County.

�� (4) Sandy River and its tributaries in Multnomah and Clackamas Counties, except:

�� (a) Beaver Creek and its tributaries.

�� (b) Buck Creek and its tributaries.

�� (c) The tributary of the Sandy River in Multnomah County which empties into the Sandy River near the north quarter corner, section 10, township 1 south, range 4 east, Willamette Meridian, and its tributaries, and is locally known as Big Creek.

�� (d) All tributaries, but not the main channel, of the Sandy River are open for appropriation and storage from December 1 to June 1 of each year. Water stored during this period may be used at any time.

�� (e) Trout Creek in Multnomah County and its tributaries.

�� (5) Scappoose Creek in Columbia County.

�� (6) Tillasqua Creek in Clatsop County. [1953 c.222 �2; 1961 c.366 �1; 1971 c.139 �1; 1983 c.807 �4; 1987 c.392 �1]

�� 538.260 Existing rights not affected; appropriation and use for certain purposes permitted. ORS

ORS 538.251

538.251 shall not affect any existing rights to appropriate or use water, or any renewals or extensions thereof, or prevent appropriation and use of such water for domestic, stock, municipal, fish culture, aesthetic, recreational, or public park purposes. [Amended by 1971 c.139 �2]

�� 538.270 Rogue River; withdrawal from appropriation; excepted water uses; tributaries. Subject to water rights existing on May 26, 1967, the waters flowing in the main channel of the Rogue River from its intersection with the south line of section 27, township 33 south, range 1 east of the Willamette Meridian in Jackson County, to its confluence with the Pacific Ocean, are withdrawn from appropriation; except that this section shall not prevent the appropriation and use of such waters for domestic, stock, irrigation, municipal, fish, wildlife, recreation and road maintenance purposes, nor prevent the appropriation, diversion and use of the waters of any stream tributary to the river. [Amended by 1959 c.205 �1; 1967 c.310 �1; 1989 c.291 �1]

�� 538.280 McNulty Creek; withdrawal from appropriation; exceptions. The waters of McNulty Creek, a tributary of Scappoose Bay, in Columbia County, are withdrawn from appropriation except for storage during the period beginning November 1 and ending on March 31 of each year in reservoirs not constructed in the channel of McNulty Creek below a line one mile west of the range line between ranges 1 and 2 west, Willamette Meridian. [Amended by 1955 c.82 �1]

�� 538.290 McNulty Creek; existing rights not affected. ORS 538.280 shall not affect any existing rights to the waters of McNulty Creek that have been acquired or are in the process of being acquired under the water laws of this state. [Amended by 1955 c.82 �2]

�� 538.300 Milton Creek and tributaries; withdrawal from appropriation; exception; existing rights. The unappropriated waters of Milton Creek and its tributaries, in Columbia County, are withdrawn from appropriation except for domestic use through the year and storage during the period beginning November 1 and ending April 30 of each year. Nothing contained in this section shall impair the existing rights of any person to the use of such waters.

MUNICIPAL WATER SUPPLY

�� 538.410 Confirmation of water rights acquired prior to February 24, 1909, for municipal supply; rejection of applications injurious to municipal supply; statements of supply. All rights to the waters of the lakes, rivers and streams of this state acquired before February 24, 1909, for the purposes of municipal water supply are confirmed, and no rights acquired under the Water Rights Act (as defined in ORS 537.010) shall impair the rights of any municipal corporation to waters taken before February 24, 1909. The Water Resources Commission shall reject, or grant subject to municipal use, all applications where, in the commission�s judgment, the appropriation of the waters applied for impairs a municipal water supply. Municipal corporations of the state, on request of the Water Resources Commission, shall furnish a statement of the amount and source of the municipal water supply, with probable increase or extension of the same. [Amended by 1985 c.673 �79]

�� 538.420 Portland�s right to waters of Bull Run and Little Sandy Rivers; vested rights not impaired; applicability of law. (1) Exclusive right to the use of waters of Bull Run and Little Sandy Rivers is granted to the City of Portland. However, the Water Rights Act (as defined in ORS 537.010) shall not impair the rights of any person who, on February 24, 1909, had any vested right to or valid appropriation or bona fide notice of appropriation of the waters of either Bull Run River or Little Sandy River, under laws theretofore in effect or under any valid contract or deed of conveyance theretofore made with or by the City of Portland.

�� (2) ORS 541.010 to 541.080 shall not apply to Bull Run Creek or River.

�� 538.430 Medford and Eagle Point Irrigation District; right to waters of Big Butte Creek; generation, sale and distribution of electric energy by irrigation district. (1) Subject to water rights existing on May 29, 1925, the City of Medford, in Jackson County, is granted the exclusive right to use for municipal purposes all the waters of Big Butte Creek, a tributary of Rogue River situated in Jackson County, and of the springs at the head which form the creek, and of its tributaries. The City of Medford, any of its officers, and others on its behalf may appropriate all the waters for these purposes and an application therefor may be made for the benefit of the city, either by it in its own name, or by any of its officers or by any other person on its behalf. No person shall appropriate or be granted a permit to use any of the waters except as provided in this section, and for the use and benefit of the city. But the City of Medford may, under this grant, divert such waters from their watershed and convey them to the city and elsewhere for use by it for municipal purposes, either within or without the city limits. All of such waters are withdrawn from future appropriation, except for such use and benefit of the City of Medford; provided however, that the Eagle Point Irrigation District may establish and use an additional point of diversion below the diversion point in use on April 1, 1953, under its permit number 6396 which authorizes the appropriation of not to exceed 100 cubic feet per second.

�� (2) Subject to rights existing on July 21, 1953, to the use of the waters of Big Butte Creek, and of the springs at the head which form the creek, and of its tributaries, including the rights granted in subsection (1) of this section to the City of Medford to the use of such waters and the right of future appropriation of such waters, the Eagle Point Irrigation District is granted the right to appropriate and use up to and including 100 cubic feet per second of the waters of Big Butte Creek, using the diversion site of the Eagle Point Irrigation District existing on April 1, 1953, for the purpose of generating electric energy; provided, however, that not less than 10 cubic feet per second of said waters shall be permitted to pass said diversion point and remain in the channel of said stream at all times other than times when said waters are diverted for irrigation purposes. The Eagle Point Irrigation District may:

�� (a) Enter into such contracts and perform such other acts as it deems necessary or desirable for the generation of electric energy and the construction and maintenance of facilities for the generation of electric energy.

�� (b) Enter into such arrangements as it deems proper for the use, sale or distribution of the electric energy which is generated.

�� (3) In performing any of the acts under subsection (2) of this section, the Eagle Point Irrigation District shall not be deemed a public utility as defined in ORS

ORS 540.523

540.523 or an allocation of conserved water under ORS 537.470, if the change or allocation of conserved water is:

�� (a) Made pursuant to ORS 537.348;

�� (b) Necessary to complete a project funded under ORS 541.932; or

�� (c) Approved by the State Department of Fish and Wildlife as a change or allocation of conserved water that will result in a net benefit to fish and wildlife habitat.

�� (6) Notwithstanding the fees established pursuant to this section, the commission may adopt by rule reduced fees for persons submitting materials to the department in a digital format approved by the department.

�� (7) All moneys received under this section, less any amounts refunded under subsection (4) of this section, shall be deposited in the Water Resources Department Water Right Operating Fund.

�� (8) Notwithstanding subsection (7) of this section, all fees received by the department for power purposes under ORS 543.280 shall be deposited in the Water Resources Department Hydroelectric Fund established by ORS 536.015. [Amended by 1961 c.187 �3; 1967 c.36 �1; 1973 c.163 �4; 1975 c.581 �21; 1981 c.627 �1; 1983 c.256 �1; 1985 c.673 �12; 1987 c.815 �8; 1989 c.587 �1; 1989 c.758 �1; 1989 c.933 �4; 1989 c.1000 �6; 1991 c.734 �49a; 1991 c.869 �4; 1995 c.416 �1; 1995 c.752 �6; 1997 c.449 �35; 1997 c.587 �1; 1999 c.555 �3; 1999 c.664 �1; 1999 c.665 �1; 1999 c.873 �19; 2003 c.594 �1; 2003 c.691 �4; 2003 c.705 �7; 2005 c.156 �1; 2007 c.188 �1; 2007 c.267 �1; 2009 c.819 ��5,12; 2013 c.166 ��4,5; 2013 c.644 ��1,2; 2017 c.571 ��1,2; 2021 c.515 �1; 2025 c.570 �1; 2025 c.575 �25]

�� 536.055 Agreements to expedite processing and review of applications, permits and other administrative matters; fees. (1) The Water Resources Department may, with any person, enter into an agreement that sets fees to be paid to the department for the purpose of enabling the department to expedite or enhance the regulatory process to provide services voluntarily requested under the agreement. Pursuant to the agreement, the department may hire additional temporary staff members, contract for services or provide additional services to the person that are within the authority of the department to provide.

�� (2) Notwithstanding the fees established in ORS 536.050, as part of an agreement entered into under this section, the department may waive all or part of a fee imposed for a service.

�� (3) The department may not modify existing processing priorities or schedules or create processing priorities or schedules for a particular department-provided service in order to compel a person to enter into an agreement under this section. However, without violating this subsection, the department may modify its processing priorities or schedules based on the overall operating needs of the department.

�� (4) The department may not require that a person pay more for a service under an agreement entered into under this section than the cost to the department in providing the service to the person.

�� (5) The department shall review the responsibilities of the department to identify services provided by the department that are appropriate for the department to perform under the provisions of this section. Failure to identify responsibilities under this subsection does not prohibit the department from entering into agreements under this section.

�� (6) Fees paid under this section shall be deposited in the State Treasury to the credit of the department. Such moneys are continuously appropriated to the department for the purpose of reviewing department responsibilities to determine those services for which the authority provided in this section may be used and for fulfilling the individual agreements entered into pursuant to this section, including the processing and review of:

�� (a) Water right permit applications, permit extensions, permit amendments and final proof surveys;

�� (b) Water right exchanges and transfers; and

�� (c) Water management and conservation plans required by rule by the department. [2003 c.745 �2]

�� 536.056 Fees; timing of certain fees; effect of nonpayment. (1) Notwithstanding ORS 536.050, for an application under ORS 537.140, 537.150 or 537.615, the Water Resources Department may charge:

�� (a) A portion of the applicable examination fee for the application at the time the application is submitted; and

�� (b) The remaining portion of the applicable examination fee after issuing an initial review of the application.

�� (2) If the department charges a portion of an applicable examination fee as described in subsection (1)(a) of this section, upon issuing an initial review described in subsection (1)(b) of this section:

�� (a) The department shall notify the applicant of the remaining portion of the applicable examination fee due; and

�� (b) If the applicant wishes to continue with the application, the applicant shall pay the remaining portion of the applicable examination fee not more than 90 days after issuance of the initial review.

�� (3) Notwithstanding any contrary provision of law, if the applicant does not pay the remaining portion of the applicable examination fee as described in subsection (2)(b) of this section, the department shall close the file for, and take no further action on, the application. [2025 c.282 �29]

�� Note: 536.056 becomes operative April 1, 2026, and applies to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025.

�� 536.057 Payment of fees by debit or credit card; transaction fees. (1) The Water Resources Department may accept payments by debit or credit card for any products or services offered by, or fees owed to, the department.

�� (2) The department may add a nonrefundable fee to the amount of any payment made by debit or credit card in an amount reasonably calculated to offset the impact to the department of financial institution fees related to debit or credit card transactions. [2025 c.282 �9]

�� Note: 536.057 becomes operative April 1, 2026, and applies to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025.

�� 536.060 [Repealed by 1971 c.734 �21]

�� 536.065 [1971 c.734 �77; repealed by 1985 c.673 �185]

�� 536.070 [Amended by 1975 c.581 �21a; repealed by 1985 c.673 �185]

�� 536.075 Judicial review of final order of commission or department; stay of order; scope of review. (1) Any party affected by a final order other than contested case issued by the Water Resources Commission or Water Resources Department may appeal the final order to the Circuit Court of Marion County or to the circuit court of the county in which all or part of the property affected by the final order is situated. Review of the final order must be conducted according to the provisions of ORS 183.484, 183.486, 183.497 and 183.500. The first page of the final order must state that the final order is a final order other than contested case, that the final order is subject to judicial review under ORS

ORS 540.543

540.543.

�� (4) This section shall not apply to an application for the transfer of less than 0.5 cubic feet per second of water.

�� (5) Subsection (1) of this section shall not apply to an appropriation or diversion by a city to facilitate regional municipal water service if the city has historically transported water between the basin of origin and proposed receiving basins identified in the application. [1989 c.936 �4]

�� 537.805 Processing of application; hearing; action on application. Notwithstanding any other provision of ORS 537.801 to 537.809, an application governed by ORS 537.803 shall be processed as follows:

�� (1) Upon determination that the application is acceptable, the Water Resources Commission shall conduct a comprehensive review of the application, at the applicant�s expense.

�� (2) When the comprehensive review is complete, the commission shall issue a preliminary analysis of the application that addresses the factors under ORS 537.803 and any other information the commission considers relevant. The preliminary analysis, or a reasonable summary, shall be published at the applicant�s expense for two consecutive weeks in a newspaper of general circulation in the basin of origin of the proposed appropriation, diversion or impoundment.

�� (3) Following publication, the commission shall conduct a public hearing at the applicant�s expense, in the basin of origin. The hearing shall be for comment on the factors analyzed under ORS 537.803 and standards that otherwise apply to the proposed appropriation or transfer.

�� (4) After considering the application, the information generated during the comprehensive review of the application, all comments received at the hearing and written comments received within 20 days after the date of the public hearing, the commission shall:

�� (a) If the application requires legislative approval under ORS 537.810, submit a report to the Legislative Assembly that addresses all factors analyzed under ORS 537.803 and recommends whether to approve or deny the application for use of water outside the basin of origin; or

�� (b) If the application does not require legislative approval under ORS 537.810, approve or deny the application in accordance with the procedures and standards that otherwise govern the application, giving due consideration to factors set forth in ORS 537.803. [1989 c.936 �5; 2011 c.52 �5]

�� 537.807 [1989 c.939 �6; repealed by 1991 c.200 �3]

�� 537.809 Reservation of water in basin of origin. Before approving or recommending approval of an application subject to ORS 537.803, the Water Resources Commission shall reserve an amount of water adequate for future needs in the basin of origin, including an amount sufficient to protect public uses, and subordinate the out-of-basin use to that reservation. [1989 c.936 �6]

�� 537.810 Diversion or appropriation of waters from basin of origin without legislative consent prohibited; terms of consent; exceptions. (1) No waters located or arising within a basin shall be diverted, impounded or in any manner appropriated for diversion or use beyond the boundaries of that basin except upon the express consent of the Legislative Assembly. In the event the Legislative Assembly shall give its consent to any such request it may attach thereto such terms, conditions, exceptions, reservations, restrictions and provisions as it may care to make in the protection of the natural resources of the basin and the health and welfare of the present and future inhabitants of the basin within which the water arises or is located.

�� (2) Subsection (1) of this section shall not apply to appropriations or diversions of less than 50 cubic feet per second out of the basin of origin.

�� (3) Subsection (1) of this section shall not apply to appropriations or diversions within the Klamath River Basin as defined in ORS 542.620 or within the Goose Lake Basin as defined in ORS 542.520, so long as those statutes remain in effect.

�� (4) This section shall not apply to an appropriation or diversion by a city to facilitate regional municipal water service if the city has historically transported water between the basin of origin and proposed receiving basins identified in the application. [Amended by 1989 c.936 �7]

�� 537.820 Application of provisions to waters forming common boundary between states. ORS 537.801 to 537.860 shall also apply to the waters located within the boundaries of this state of any river, stream, lake or other body of water serving as part of the common boundary of this state and any other state and over which this state has concurrent jurisdiction, except that said sections shall not apply to the diversion, impoundment or appropriation of waters for the development of hydroelectric energy, flood control, irrigation or other uses in waters forming a boundary of the state in cases where such waters are not to be diverted from the drainage basin wherein such waters are located.

�� 537.830 Condemnation of waters for use outside basin of origin. No person, or agency of any state or of the United States, shall attempt to condemn any waters within the boundaries of this state for use outside the basin of origin without first complying with the requirements of ORS 537.801 to 537.810 and this section. [Amended by 1989 c.936 �8]

�� 537.835 City of Walla Walla, Washington, may appropriate, impound and divert certain waters from Mill Creek. (1) Pursuant to the provisions of ORS 537.810, consent is hereby given to the City of Walla Walla, a municipal corporation of the State of Washington, to appropriate, impound and divert certain waters from Mill Creek, a tributary of the Walla Walla River, located in Township 6 North, Range 38, E.W.M., Umatilla County, Oregon, for the beneficial use of both the State of Oregon and within the City of Walla Walla, State of Washington, subject to the following terms and conditions:

�� (a) The City of Walla Walla shall pay the entire cost of constructing and maintaining this project; and

�� (b) The City of Walla Walla shall employ only residents and inhabitants of the State of Oregon in the construction and maintenance of the project.

�� (2) The Water Resources Commission may from time to time direct that a designated portion of the impounded waters shall be held in the State of Oregon for fire protection, for use by Oregon residents, for wildlife habitat needs, and to maintain proper streamflow during the summer months.

�� (3) Prior to commencing construction, the City of Walla Walla shall make application for such appropriation, impoundment and diversion to the Water Resources Commission and such appropriation, impoundment and diversion shall be allowed upon such additional terms, conditions, reservations, restrictions and provisions, including minimum streamflow, as the Water Resources Commission shall impose for the protection and benefit of the State of Oregon. [1975 c.732 �2; 1985 c.673 �76]

�� 537.840 Legislative consent; filing of certified copy; appropriation rights and procedure. Upon receiving legislative permission to appropriate waters under ORS 537.801 to

ORS 540.650

540.650. [1987 c.859 �10]

�� 537.352 Precedence of uses. Notwithstanding any provision of ORS 537.332 to 537.343 and 537.350, the right to the use of the waters of this state for a project for multipurpose storage or municipal uses or by a municipal applicant, as defined in ORS 537.282, for a hydroelectric project, shall take precedence over an in-stream water right when the Water Resources Department conducts a review of the proposed project in accordance with ORS 537.170. The precedence given under this section shall not apply if the in-stream water right was established pursuant to ORS 537.346 or

ORS 541.932

541.932 in 2011]

�� 541.376 [2001 c.645 �2; 2011 c.643 �23; renumbered 541.960 in 2011]

�� 541.377 [1999 c.1026 �7; 2003 c.14 �346; 2011 c.643 �1; renumbered 541.940 in 2011]

�� 541.378 [1999 c.1026 �7a; 2007 c.217 �6; repealed by 2011 c.643 �25]

�� 541.379 [1999 c.1026 �7b; 2011 c.643 �26; renumbered 541.953 in 2011]

�� 541.380 [1987 c.734 �8; 1997 c.7 �9; 1999 c.270 �5; 1999 c.1026 �14; 2001 c.708 �16; renumbered 541.396 in 2001]

�� 541.381 [2001 c.708 �13; 2007 c.608 �3; renumbered 541.937 in 2011]

�� 541.382 [Formerly 541.385; repealed by 1999 c.1026 �29]

�� 541.384 [1993 c.601 �2; 1995 c.187 �6; renumbered 541.923 in 2011]

�� 541.385 [1987 c.734 �4; renumbered 541.382 in 1995]

NORTH UMPQUA RIVER DAMS

�� 541.386 Dams and use of water for hydroelectric generation on North Umpqua prohibited; exceptions. (1) No person shall construct, operate or maintain, and no officer or agency of this state shall issue any permit for the construction, operation or maintenance of, any dam or hydroelectric facility on:

�� (a) That portion of the North Umpqua River between Soda Springs Dam and the confluence of the North Umpqua River and South Umpqua River; or

�� (b) The main stem Umpqua River from the confluence of the North Umpqua River and the South Umpqua River to the ocean.

�� (2) Nothing in this section applies to the repair, structural repair, maintenance or improvement of any dam constructed on the North Umpqua River prior to November 1, 1981, with the approval of the Water Resources Commission and the State Department of Fish and Wildlife. The commission and the State Department of Fish and Wildlife shall not unreasonably withhold or delay such approval, but may withhold approval for reasonable cause, including but not limited to a substantiated finding that the repairs, structural repairs, maintenance or improvements:

�� (a) Fail to comply with applicable safety rules or regulations;

�� (b) Raise the height of the dam; or

�� (c) Diminish the current ability of anadromous fish to travel past the dam.

�� (3) No person shall appropriate and no officer or agency of this state shall issue or approve any license, permit or certificate for the use of water for hydroelectric generation at a dam at the location referred to in subsection (1) of this section. [Formerly 541.875]

�� 541.388 [1993 c.601 �3; 1995 c.187 �7; 1999 c.300 �1; renumbered 541.910 in 2011]

�� 541.390 [1987 c.734 �9; 2001 c.104 �228; renumbered 541.912 in 2011]

�� 541.392 [Formerly 541.400; 1999 c.1026 �15; 2011 c.643 �24; renumbered 541.963 in 2011]

�� 541.393 Responsibility of government entity for repair or maintenance costs of dams on North Umpqua. Nothing contained in ORS 541.386 shall be construed to impose any additional obligation on any governmental entity to pay for the repair, structural repair, maintenance or improvement of any existing dam referred to in ORS 541.386 (2). [Formerly

ORS 541.990

541.990�� Penalties

WATER COMPANIES ORGANIZED UNDER 1891 ACT

�� 541.010 Furnishing of water for certain purposes declared to be a public use; rates; amendment of law. (1) The use of the water of the lakes and running streams of Oregon, for general rental, sale or distribution, for purposes of irrigation, and supplying water for household and domestic consumption, and watering livestock upon dry lands of the state, is a public use, and the right to collect rates or compensation for such use of water is a franchise. A use shall be deemed general within the purview of this section when the water appropriated is supplied to all persons whose lands lie adjacent to or within reach of the line of the ditch, canal or flume in which the water is conveyed, without discrimination other than priority of contract, upon payment of charges therefor, as long as there may be water to supply.

�� (2) Rates for the uses of water mentioned in this section may be fixed by the Legislative Assembly or by such officer as may be given that authority by the Legislative Assembly, but rates shall not be fixed lower than will allow the net profits of any ditch, canal, flume or system thereof to equal the prevailing legal rate of interest on the amount of money actually paid in and employed in the construction and operation of the ditch, canal, flume or system.

�� (3) This section and ORS 541.020 to 541.080 may at any time be amended by the Legislative Assembly, and commissioners for the management of water rights and the use of water may be appointed.

�� 541.020 Construction of ditches and canals by corporation; route across lands. Whenever any corporation organized under the Act of 1891, pages 52 to 60, Oregon Laws 1891, finds it necessary to construct its ditch, canal, flume, distributing ditches, or feeders across the improved or occupied lands of another, it shall select the shortest and most direct route practicable, having reference to cost of construction upon which the ditch, canal, flume, distributing ditches, or feeders can be constructed with uniform or nearly uniform grade.

�� 541.030 Ditches and canals across state lands; grant of right of way. The right of way, to the extent specified in the Act of 1891, pages 52 to 60, Oregon Laws 1891, for the ditches, canals, flumes, distributing ditches, and feeders of any corporation appropriating water under the provisions of the Act of 1891, across all lands belonging to the State of Oregon and not under contract of sale, is granted.

�� 541.040 Headgate; mode of construction. Every corporation having constructed a ditch, canal or flume under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall erect and keep in good repair a headgate at the head of its ditch, canal or flume, which, together with the necessary embankments, shall be of sufficient height and strength to control the water at all ordinary stages. The framework of the headgate shall be of timber not less than four inches square, and the bottom, sides and gate shall be of plank not less than two inches in thickness.

�� 541.050 Leakage or overflow; liability; exception. Every corporation having constructed a ditch, canal, flume or reservoir under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall be liable for all damages done to the persons or property of others, arising from leakage or overflow of water therefrom growing out of want of strength in the banks or walls, or negligence or want of care in the management of the ditch, canal, flume or reservoir. However, damage resulting from extraordinary and unforeseen action of the elements, or attributable in whole or in part to the wrongful interference of another with the ditch, canal, flume or reservoir, which may not be known to the corporation for such length of time as would enable it by the exercise of reasonable efforts to remedy the same, shall not be recovered against the corporation.

�� 541.055 District liability for seepage and leakage from water or flood control works; limitation on commencement of action. (1) Any person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 that owns, operates or maintains any irrigation, drainage, water supply, water control or flood control works shall be liable for damage caused by seepage and leakage from such works only to the extent that such damage is directly and proximately caused by the negligence of the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 and not otherwise. Damage resulting from extraordinary and unforeseen action of the elements, or attributable in whole or in part to the wrongful interference of another person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 with the irrigation, drainage, water supply, water control or flood control works, which may not be known to the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 for such length of time as would enable the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554 by the exercise of reasonable efforts to remedy the same, shall not be recovered against the person or irrigation, drainage, water improvement or water control district organized pursuant to ORS chapter 545, 547, 552, 553 or 554.

�� (2) An action or suit under subsection (1) of this section must be commenced within two years from the date when the damage is first discovered or in the exercise of reasonable care should have been discovered. However, in no event shall any such action or suit be commenced more than four years from the date the damage actually occurred. [1979 c.882 �1]

�� 541.060 Waste of water; flooding premises; unnecessary diversion. Every corporation having constructed a ditch, canal or flume under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, shall carefully keep and maintain the embankments and walls thereof, and of any reservoir constructed to be used in conjunction therewith, so as to prevent the water from wasting and from flooding or damaging the premises of others. The corporation shall not divert at any time any water for which it has no actual use or demand.

�� 541.070 Ditches, canals and flumes as real estate. All ditches, canals and flumes permanently affixed to the soil, constructed under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, are declared to be real estate, and the same or any interest therein shall be transferred by deed only, duly witnessed and acknowledged. The vendee of the same, or any interest therein, at any stage shall succeed to all the rights of the vendor, and shall be subject to the same liabilities during ownership.

�� 541.080 Suits involving water rights; parties; decree as to priorities. In any suit commenced for the protection of rights to water acquired under the provisions of the Act of 1891, pages 52 to 60, Oregon Laws 1891, the plaintiff may make any or all persons who have diverted water from the same stream or source parties to the suit, and the court may in one decree determine the relative priorities and rights of all parties to the suit. Any person claiming a right on the stream or source, not made a party to the suit, may become such on application to the court, when it is made to appear that the person is interested in the result, and may have the right of the person determined. The court may at any stage, on its own motion, require any persons having or claiming rights to water on the stream or source, to be brought in and made parties, when it appears that a complete determination of the issue involved cannot be made without their presence.

APPROPRIATION OF WATER FOR MINING AND ELECTRIC POWER UNDER 1899 ACT

�� 541.110 Use of water to develop mineral resources and furnish power. The use of the water of the lakes and running streams of Oregon for the purpose of developing the mineral resources of the state and to furnish electric power for all purposes, is declared to be a public and beneficial use and a public necessity. Subject to the provisions of the Water Rights Act (as defined in ORS 537.010), the right to divert unappropriated waters of any such lakes or streams for such public and beneficial use is granted.

�� 541.120 Ditches and canals through lands; use of existing ditch by others than owner; joint liability. No tract or parcel of improved or occupied land in this state shall, without the written consent of the owner, be subjected to the burden of two or more ditches, canals, flumes or pipelines constructed under the Act of 1899, pages 172 to 180, Oregon Laws 1899, for the purpose of conveying water through the property, when the same object can be feasibly and practically attained by uniting and conveying all the water necessary to be conveyed through such property in one ditch, canal, flume or pipeline. Any person having constructed a ditch, canal, flume or pipeline for the purpose provided in the Act of 1899 shall allow any other person to enlarge such ditch, canal, flume or pipeline, so as not to interfere with the operations of the person owning the same, and to use such ditch, canal, flume or pipeline in common with the person owning the same, upon payment to such person of a reasonable proportion of the cost of constructing and maintaining the ditch, canal, flume or pipeline. Such persons shall be jointly liable to any person damaged.

�� 541.130 Right of way for ditches across state lands. The right of way to the extent specified in the Act of 1899, pages 172 to 180, Oregon Laws 1899, for the ditches, canals, flumes, pipelines, distributing ditches, and feeders of any person appropriating water under the provisions of that Act, across any and all lands belonging to the State of Oregon and not under contract of sale, is granted.

�� 541.210 [Repealed by 1953 c.328 �2]

APPROPRIATION OF WATER BY THE UNITED STATES

�� 541.220 Survey of stream system; delivery of data to Attorney General; suits for determination of water rights. In any stream system where construction is contemplated by the United States under the Act of Congress approved June 17, 1902, 32 Stat. 388 to 390, and known as the Reclamation Act, the Water Resources Commission shall make a hydrographic survey of the stream system, and shall deliver an abstract thereof together with an abstract of all data necessary for the determination of all rights for the use of the waters of such system, to the Attorney General. The Attorney General, together with the district attorneys of the districts affected by the stream system shall, at the request of the Secretary of the Interior, enter suit on behalf of the State of Oregon, in the name of the state, for the determination of all rights for the use of the water, and shall diligently prosecute the same to a final adjudication. [Amended by 1985 c.673 �101]

�� 541.230 State lands within irrigated area; restrictions on sale; conveyance of lands needed by United States. No lands belonging to the state, within the areas to be irrigated from work constructed or controlled by the United States or its authorized agents, shall be sold except in conformity with the classification of farm units by the United States. The title of such land shall not pass from the state until the applicant therefor has fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irrigation project, no application for the purchase of state lands within the limits of such withdrawal shall be accepted, except under the conditions prescribed in this section. Any state lands needed by the United States for irrigation works may, in the discretion of the Department of State Lands, be conveyed to it without charge. [Amended by 1967 c.79 �1]

�� 541.240 Right of way for ditches and canals; reservation in conveyances. There is granted over all the unimproved lands now or hereafter belonging to the state the necessary right of way for ditches, canals, and reservoir sites for irrigation purposes constructed by authority of the United States or otherwise. All conveyances of state land made after May 18, 1905, shall contain a reservation of such right of way and reservoir sites.

�� 541.250 Cession to United States not rescinded. Nothing in ORS 541.220 to 541.240 shall be construed as rescinding the cession by the state to the United States of lands, as provided in chapter 5, Oregon Laws 1905.

SUITS FOR DETERMINATION OF WATER RIGHTS UNDER 1905 ACT

�� 541.310 Suits for determination of rights; parties; survey of stream; disbursements. In any suit wherein the state is a party, for determination of a right to the use of the waters of any stream system, all who claim the right to use the waters shall be made parties. When any such suit has been filed the court shall call upon the Water Resources Commission to make or furnish a complete hydrographic survey of the stream system as provided in ORS 541.220, in order to obtain all data necessary to the determination of the rights involved. The disbursements made in litigating the rights involved in the suit shall be taxed by the court as in other equity suits. [Amended by 1985 c.673 �102]

�� 541.320 Decrees adjudicating rights; filing; statement as to matters adjudicated. Upon the adjudication of the rights to the use of the water of a stream system, a certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed in the Water Resources Department. The decree shall declare, as to the water right adjudged to each party, whether riparian or by appropriation, the extent, the priority, amount, purpose, place of use, and, as to water used for irrigation, the specific tracts of land to which it shall be appurtenant, together with such other conditions as may be necessary to define the right and its priority. [Amended by 1985 c.673 �103]

DISTRICT WATER RIGHTS MAPPING

�� 541.325 Definitions for ORS 541.327 to 541.333. As used in ORS 541.327 to 541.333:

�� (1) �District� means any district or corporation organized under ORS chapter 545, 547, 552, 553 or 554 or any corporation, cooperative, company or other association formed before 1917 for the purpose of distributing water for irrigation purposes.

�� (2) �Owned� or �controlled� means ownership in fee, purchase on a land sale contract, option to purchase or lease.

�� (3) �User� means an owner of land with an appurtenant water right that is subject to assessment by a district and that would be altered by the petition and map filed under ORS

ORS 542.750

542.750�� Cooperative studies of projects under federal Watershed Protection and Flood Prevention Act

SURVEY OF WATER RESOURCES

�� 542.010 Contract by Water Resources Commission with federal agencies for investigating and developing water resources; expenses. In order that the natural resources of Oregon in land, water and power may be utilized to the highest advantage of the people, complete cooperation between the state and federal authorities in controlling, investigating and developing these resources in the interest of the people of the state is essential. Therefore, the Water Resources Commission may, on behalf of this state, enter into a contract or agreement with any federal department or bureau having jurisdiction in such matters for the execution of such surveys and investigations and the preparation of such plans, specifications and estimates or other data by cooperation between the state and the federal department or bureau as will, in the judgment of the Water Resources Commission, approved by the Governor, be best suited to accomplish the purposes of ORS 542.010 to 542.050. However, in no case shall the proportion of expense to be borne by this state exceed the proportion to be borne by the other party to the contract or agreement. [Amended by 1985 c.673 �130]

�� 542.020 Purpose of law. The intent of ORS 542.010 to 542.050, as outlined in ORS 542.010, is to have on file ready and available, such detailed surveys and information as will not only permit, but will tend to induce, the beneficial use of water by private persons, irrigation districts, corporations, or possibly by the state or national government.

�� 542.030 Report by commission; contents; copies for public inspection. As soon as practicable after the completion of the surveys and investigations, the Water Resources Commission shall prepare or have prepared a report setting forth the plans, specifications and estimated cost of construction, maintenance and operation of the projects, together with any other information tending to show their feasibility, and may in the discretion of the commission have the report printed in pamphlet form and distributed to those interested. Copies of completed maps, plans, specifications, estimates and reports secured or prepared in connection with any such investigation shall be kept on file in the Water Resources Department at all times, and open for public inspection during business hours. [Amended by 1985 c.673 �131]

�� 542.040 Withholding water from appropriation pending investigation; restrictions on permit to appropriate; repayment of cost of project. (1) The Water Resources Commission, on behalf of the state, shall withdraw and withhold from appropriation any unappropriated water which may be required for any project under investigation or to be investigated under the provisions of ORS 542.010 to 542.050. If the project is found to be feasible, the commission shall withhold the same from appropriation until the money expended in the investigation of the project is repaid to the cooperating parties in proportion to the amount contributed by each unless funds for construction are provided by one or both of the cooperating parties, in which case the commission shall issue a permit without requiring such repayment. No permit to appropriate water which may be in conflict with any such project under investigation shall be approved by the commission, nor shall any assignment of plans and information or any part thereof be made except upon consideration and order by the commission after full hearing of all interested parties.

�� (2) Any moneys returned to the commission under the provisions of this section shall promptly be turned over to the State Treasurer and credited to the General Fund in the State Treasury. [Amended by 1985 c.673 �132]

�� 542.050 Construction work; minor portions of project. As the purposes of ORS 542.010 to 542.050 are to secure the most immediate, as well as the most beneficial, ultimate use of the available waters for any certain project, the Water Resources Commission, as occasion may require, may grant permits and arrange the details so that minor portions of the project may be segregated and constructed at any time. However, the segregation and development of such minor parts shall not interfere to any serious extent with the handling or completion of the balance of the project. [Amended by 1985 c.673 �133]

�� 542.060 Information on availability of water for beneficial uses; duties of Water Resources Commission; gauging stations; publication of information. The Water Resources Commission shall establish gauging stations at suitable points on the various streams of the state to determine the daily and seasonal fluctuations in the flow of the water; shall make surveys and profiles to determine the fall of stream suitable for power development; and shall prepare topographic maps of the territory adjacent to the private streams of the state, so that the availability of water for power, irrigation or other beneficial uses may be determined and made known to the public. All such maps and information shall be made a matter of record in the Water Resources Department and the commission shall publish a summary of all such information in the most practical and economical manner for presentation to the public. The commission shall enter into such agreements and contracts as will insure that the surveys and investigations are carried on in the most economical manner, and that the maps and data are made available to the use of the public as quickly as possible. [Amended by 1985 c.673 �134]

�� 542.070 Entry on lands. In order to carry out the purpose of ORS 542.060 all persons employed under that section may enter and cross all lands within the state; provided, that in so doing, no unnecessary damage is done to private property.

�� 542.075 Identification and funding of water projects offering significant public benefit; limitation. (1) The Water Resources Commission, with the approval of the Governor, may identify proposed or existing water projects which offer significant public benefit, and recommend to the Legislative Assembly funding of those projects in proportion to the public benefits offered by an existing project, or expected to be obtained from a proposed project.

�� (2) In order to be eligible for funding under subsection (1) of this section, the Water Resources Commission must identify an existing project within five years after the project first becomes operable. [1981 c.172 �3; 1985 c.673 �135; 1989 c.587 �4]

�� 542.080 Cooperation with federal agencies; contracts. On behalf of this state, the Water Resources Commission may cooperate with the Federal Energy Regulatory Commission, the United States Geological Survey, the United States Reclamation Service, or any other federal agency or commission engaged in similar work, and may enter into contracts or agreements whenever it appears desirable or advantageous to the state. [Amended by 1985 c.673 �136]

�� 542.090 Moneys from licenses under Federal Waterpower Act; disposal. Any moneys arising from power licenses under the Federal Waterpower Act, approved June 10, 1920, and paid over to the state, shall be credited by the State Treasurer to the General Fund.

�� 542.100 Acceptance and expenditure of gifts and grants for hydrologic investigations; accounting. The Water Resources Commission may accept and expend moneys from any public or private source, including the federal government, made available for the purpose of conducting hydrologic investigations of Oregon water resources and to assist in carrying out the commission�s functions as provided by law. All moneys received by the commission under this section shall be kept in separate accounts designated according to the purposes for which such moneys were received. The commission shall keep a true and full account of receipts and disbursements under this section. [1965 c.77 �2; 1985 c.673 �137]

WILLAMETTE RIVER BASIN PROJECT

�� 542.110 Public interest requiring construction of system of works. (1) It hereby is declared that public interest, welfare, convenience and necessity require the construction of a system of works in accordance with the general comprehensive plan for flood control, navigation and other purposes in the Willamette River Basin, as set forth in House Document 544, Seventy-fifth Congress, third session, and the Act of the Seventy-fifth Congress approved June 28, 1938, 52 Stat. 1222, authorizing the construction of certain public works, including the Willamette River Basin Project.

�� (2) The Water Resources Commission may act for the state in all matters necessary or advisable in the promotion, construction and maintenance of the Willamette River Basin Project. [Amended by 1955 c.707 �57]

�� 542.120 [Repealed by 1955 c.707 �75]

�� 542.130 [Repealed by 1955 c.707 �75]

�� 542.140 [Repealed by 1955 c.707 �75]

�� 542.150 [Repealed by 1955 c.707 �75]

�� 542.160 [Repealed by 1955 c.707 �75]

ROGUE RIVER WATERSHED PROJECT

�� 542.210 Construction of federal dams and structures in Rogue River; limitations. In order to further necessary investigations and studies for the maximum development of the Rogue River basin and watershed and to conserve established and potential uses thereof, and to facilitate full consideration of various projects to accomplish a coordinated and comprehensive development of the basin and watershed, the United States and its authorized agencies may construct in the Rogue River and on its bed dams and such other structures as the government deems necessary, upon compliance with the laws of Oregon. However, no dam or structure hereby authorized shall be placed in the Rogue River between the intersection of the river with the south line of section 10, township 34 south, range 1 west of the Willamette Meridian in Jackson County, and the confluence of that river with the Pacific Ocean, which would interfere with the free passage of fish up or down stream. No dam or other structure shall be constructed by any person in or on the bed of the Rogue River below its intersection with the south line of section 27, township 33 south, range 1 east of the Willamette Meridian, in Jackson County, except as authorized by this section.

�� 542.310 [Amended by 1953 c.622 �5; repealed by 1955 c.707 �75]

�� 542.320 [Amended by 1953 c.622 �5; repealed by 1955 c.707 �75]

�� 542.330 [Amended by 1953 c.622 �5; repealed by 1955 c.707 �75]

�� 542.340 [1953 c.622 �4; repealed by 1955 c.707 �75]

�� 542.410 [1953 c.431 �1; repealed by 1957 c.142 �5]

�� 542.420 [1953 c.431 �2; repealed by 1957 c.142 �5]

�� 542.430 [1953 c.431 �3; repealed by 1957 c.142 �5]

�� 542.440 [1953 c.431 �4; repealed by 1957 c.142 �5]

�� 542.450 [1953 c.431 �5; repealed by 1957 c.142 �5]

�� 542.460 [1953 c.431 �8; repealed by 1957 c.142 �5]

�� 542.470 [1953 c.431 �7; repealed by 1957 c.142 �5]

�� 542.480 [1953 c.431 �9; repealed by 1957 c.142 �5]

�� 542.490 [1953 c.431 �6; repealed by 1957 c.142 �5]

OREGON-CALIFORNIA GOOSE LAKE INTERSTATE COMPACT

�� 542.510 Oregon-California Goose Lake Interstate Compact ratified; when effective. (1) The Legislative Assembly of the State of Oregon hereby ratifies the Oregon-California Goose Lake Interstate Compact as set out in ORS 542.520. The provisions of the compact are declared to be the laws of this state at such time as the compact becomes effective as provided in subsection (2) of this section.

�� (2) The compact becomes effective when it has been ratified by the legislatures of the States of Oregon and California and has been consented to by the Congress of the United States as provided in Article VII of the compact. [1963 c.473 �1]

�� Note: The Oregon-California Goose Lake Interstate Compact became effective on July 2, 1984. The compact was ratified by the State of Oregon by chapter 473, Oregon Laws 1963 (signed by Governor on June 6, 1963). The compact was ratified by the State of California by chapter 1059, California Statutes 1963 (signed by Governor on June 28, 1963). The Congress of the United States consented to the compact by Public Law 98-334, 98th Congress (signed by President on July 2, 1984).

�� 542.520 Oregon-California Goose Lake Interstate Compact. The provisions of the Oregon-California Goose Lake Interstate Compact are as follows:

ARTICLE I

PURPOSES

�� The major purposes of this compact are:

�� A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control of the water resources of Goose Lake Basin.

�� B. To further intergovernmental cooperation and comity and to remove the causes of present and future controversies by (1) providing for continued development of the water resources of Goose Lake Basin by the States of California and Oregon, and (2) prohibiting the export of water from Goose Lake Basin without consent of the legislatures of California and Oregon.

ARTICLE II

DEFINITION OF TERMS

�� As used in this compact:

�� A. �Goose Lake Basin� shall mean the drainage area of Goose Lake within the States of California and Oregon and all closed basins included in the Goose Lake drainage basin as delineated on the official map of the Goose Lake Basin which is attached to and made a part of this compact.

�� B. �Person� shall mean the States of Oregon and California, any individual and any other entity, public or private.

�� C. �Water,� �waters� or �water resources� shall mean any water appearing on the surface of the ground in streams, lakes, or otherwise, and any water beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of Goose Lake Basin.

ARTICLE III

DISTRIBUTION AND USE OF WATER

�� A. There are hereby recognized vested rights to the use of waters originating in Goose Lake Basin existing as of the effective date of this compact and established under the laws of California and Oregon.

�� B. Except as provided in this Article, this compact shall not be construed as affecting or interfering with appropriation under the laws of California and Oregon of unappropriated waters of Goose Lake Basin for use within the basin.

�� C. Export of water from Goose Lake Basin for use outside the basin without prior consent of both state legislatures is prohibited.

�� D. Each state hereby grants the right for a person to construct and operate facilities for the measurement, diversion, storage and conveyance of water from the Goose Lake Basin in one state for use within the basin in the other state, providing the right to such use is secured by appropriation under the general laws administered by the Water Resources Director of the State of Oregon or the Water Rights Board of California and the laws of the state from which the water is to be taken shall control.

�� E. Should any facilities be constructed in one state to implement use of water in the other state, the construction, operation, repairs and replacement of such facilities shall be subject to the laws of the state in which the facilities are constructed.

ARTICLE IV

ADMINISTRATION

�� No commission or administrative body is necessary to administer this compact.

ARTICLE V

TERMINATION

�� This compact may be terminated at any time by consent of the legislatures of California and Oregon and upon such termination all rights then established hereunder shall continue unimpaired.

ARTICLE VI

GENERAL PROVISIONS

�� Nothing in this compact shall be construed to limit, or prevent any state from instituting or maintaining any action or proceeding, legal or equitable, in any court having jurisdiction thereof for the protection of any right under this compact or the enforcement of any of its provisions.

ARTICLE VII

RATIFICATION

�� A. This compact shall become operative when ratified by the legislatures of California and Oregon and consented to by the Congress of the United States.

�� B. This compact shall remain in full force and effect until amended in the same manner as is required for it to be ratified to become operative or until terminated.

�� C. A copy of any proposed amendments to or termination of this compact shall be filed with the Board of Supervisors of Modoc County, California, and the County Court of Lake County, Oregon, at least 30 days prior to any legislative consideration by the legislatures of the States of California and Oregon.

ARTICLE VIII

FEDERAL RIGHTS

�� Nothing in this compact shall be deemed:

�� A. To impair or affect the existing rights or powers of the United States of America, its agencies, or instrumentalities, in and to the use of the waters of the Goose Lake Basin nor its capacity to acquire rights in and to the use of said waters.

�� B. To subject any property of the United States of America, its agencies or instrumentalities to taxation by any state or subdivision thereof, nor to create an obligation on the part of the United States of America, its agencies or instrumentalities by reason of the acquisition, construction or operation of any property or works of whatsoever kind, to make any payments to any state or political subdivision thereof, state agency, municipality or entity, whatsoever in reimbursement for the loss of taxes.

�� C. To subject any property of the United States of America, its agencies or instrumentalities, to the laws of any state to any extent other than the extent to which these laws would apply without regard to the compact.

[1963 c.473 �2]

COLUMBIA RIVER NATURAL

RESOURCES MANAGEMENT COMPACT

�� 542.550 Content of Columbia River Natural Resources Management Compact; when effective. A compact, in form as in this section fully set forth, shall be in effect when the States of Idaho, Montana and Washington become parties thereto, and the consent of Congress has been granted as required by section 10, Article I of the United States Constitution.

�� The contracting states do hereby agree as follows:

ARTICLE I

�� The purposes of this compact, entitled the Columbia River Natural Resources Management Compact, are and shall be to promote the better regional management and coordination of natural resources management issues and other issues pertaining to the governance and use of the Columbia River.

ARTICLE II

�� This agreement shall become operative immediately as to those states executing it in the form that is in accordance with the laws of the executing states and the Congress has given its consent.

ARTICLE III

�� Each state joining herein shall appoint, as determined by state statutes, six legislators, three from the state Senate and three from the state House of Representatives, to a commission hereby constituted and designated as the Columbia River Governance Commission. Of the members appointed, all may not belong to the same political party. This commission shall be invested with the powers and duties set forth herein.

�� The term of each commissioner of the Columbia River Governance Commission shall be four years. A commissioner shall hold office until a successor shall be appointed and qualified but such successor�s term shall expire four years from legal date of expiration of the term of the predecessor. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled for the unexpired term, or a commissioner may be removed from office, as provided by the statutes of the state concerned. Each commissioner may delegate in writing from time to time, to a deputy, the power to be present and participate, including voting as the representative or substitute, at any meeting of or hearing by or other proceeding of the commission.

�� Voting powers under this compact shall be limited to one vote for each state regardless of the number of representatives.

ARTICLE IV

�� The duty of the Columbia River Governance Commission shall be to assess programs of state and federal agencies responsible for natural resource management issues and governance issues of the Columbia River and to participate in decision-making by federal agencies on issues affecting the use of and activities on the Columbia River. The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the efficient use and management of the Columbia River and resources related to the Columbia River.

�� To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the Governors and legislative branches of the various signatory states hereto legislation dealing with the governance and management of the Columbia River and the natural resources related to the Columbia River over which the signatory states jointly or separately now have or may hereafter acquire jurisdiction. The commission shall, more than one month prior to any regular meeting of the legislative branch in any state signatory hereto, present to the Governor of such state its recommendations relating to enactments by the legislative branch of that state in furthering the intents and purposes of this compact.

�� The commission shall consult with and advise the pertinent administrative agencies in the signatory states of such regulations as it deems advisable with regard to problems connected with the governance and use of the Columbia River and that lie within the jurisdiction of such agencies.

�� The commission shall have power to recommend to the federal government and to states signatory hereto management strategies for the natural resources of the Columbia River and any changes to federal or state statutes, regulations or rules necessary to the efficient and sound governance of the Columbia River and its natural resources.

ARTICLE V

�� The commission shall elect from its number a chairperson and a vice chairperson and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry out the provisions of this compact and shall fix and determine their duties, qualifications and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place within the territorial limits of the signatory states but must meet at least once a year.

ARTICLE VI

�� No action shall be taken by the commission except by the affirmative vote of a majority of the whole number of compacting states represented at any meeting. No recommendation shall be made by the commission in regard to the management of natural resources related to, or the governance and use of, the Columbia River except by the vote of a majority of the compacting states that have an interest in such issues.

ARTICLE VII

�� The natural resource agencies of the signatory states shall act in collaboration as the official research agency of the Columbia River Governance Commission.

�� An advisory committee to be representative of such other interests of each state as the commission deems advisable shall be established by the commission as soon as practicable for the purpose of advising the commission upon such recommendations as it may desire to make.

ARTICLE VIII

�� Nothing in this compact shall be construed to limit the powers of any state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any state imposing additional conditions and restrictions to conserve its natural resources.

ARTICLE IX

�� Continued absence of representation or of any representative on the commission from any state party hereto shall be brought to the attention of the Governor thereof.

ARTICLE X

�� The states that sign this compact agree to make available annual funds for the support of the commission on the following basis:

�� Sixty percent (60%) of the annual budget shall be shared equally by those member states having as a boundary the Columbia River; and forty percent (40%) of the annual budget shall be shared equally by the other member states.

�� The annual contribution of each member state shall be figured to the nearest one hundred dollars.

�� This article shall become effective upon its enactment by the States of Idaho, Montana, Oregon and Washington and upon ratification by Congress by virtue of the authority vested in it under section 10, Article I of the United States Constitution.

ARTICLE XI

�� This compact shall continue in force and remain binding upon each state until renounced by it. Renunciation of this compact must be preceded by sending six months� written notice of intention to withdraw from the compact to the other parties hereto.

ARTICLE XII

�� The State of Nevada or any state having rivers or streams tributary to the Columbia River may become a contracting state by enactment of the Columbia River Natural Resources Management Compact. Upon admission of any new state to the compact, the purposes of the compact and the duties of the commission shall extend to the development of joint programs for the use and governance of the Columbia River and its natural resources in which the contracting states share mutual concerns.

[1999 c.540 �1]

�� Note: 542.550 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 542 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

KLAMATH RIVER BASIN COMPACT

�� 542.610 Klamath River Basin Compact ratified; when effective. (1) The Legislative Assembly of the State of Oregon hereby ratifies the Klamath River Basin Compact set forth in ORS 542.620, and the provisions of such compact hereby are declared to be the law of this state upon such compact becoming effective as provided in subsection (2) of this section.

�� (2) The compact shall become effective when it has been ratified by the legislatures of the States of California and Oregon, and has been consented to by the Congress of the United States as provided in Article XIII of the compact. [1957 c.142 �1]

�� Note: The Klamath River Basin Compact became effective on September 11, 1957. The compact was ratified by the State of Oregon by chapter 142, Oregon Laws 1957 (signed by Governor on April 17, 1957). The compact was ratified by the State of California by chapter 113, California Statutes 1957 (signed by Governor on April 17, 1957, and effective on September 11, 1957). The Congress of the United States consented to the compact by Public Law 85-222, 85th Congress (signed by President on August 30, 1957).

�� 542.620 Klamath River Basin Compact. The provisions of the Klamath River Basin Compact are as follows:

ARTICLE I

PURPOSES

�� The major purposes of this compact are, with respect to the water resources of the Klamath River Basin:

�� A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control thereof for various purposes, including, among others: The use of water for domestic purposes; the development of lands by irrigation and other means; the protection and enhancement of fish, wildlife and recreational resources; the use of water for industrial purposes and hydroelectric power production; and the use and control of water for navigation and flood prevention.

�� B. To further intergovernmental cooperation and comity with respect to these resources and programs for their use and development and to remove causes of present and future controversies by providing (1) for equitable distribution and use of water among the two states and the Federal Government, (2) for preferential rights to the use of water after the effective date of this compact for the anticipated ultimate requirements for domestic and irrigation purposes in the Upper Klamath River Basin in Oregon and California, and (3) for prescribed relationships between beneficial uses of water as a practicable means of accomplishing such distribution and use.

ARTICLE II

DEFINITION OF TERMS

�� As used in this compact:

�� A. �Klamath River Basin� shall mean the drainage area of the Klamath River and all its tributaries within the States of California and Oregon and all closed basins included in the Upper Klamath River Basin.

�� B. �Upper Klamath River Basin� shall mean the drainage area of the Klamath River and all its tributaries upstream from the boundary between the States of California and Oregon and the closed basins of Butte Valley, Red Rock Valley, Lost River Valley, Swan Lake Valley and Crater Lake, as delineated on the official map of the Upper Klamath River Basin approved on September 6, 1956, by the commissions negotiating this compact and filed with the Secretaries of State of the two states and the General Services Administration of the United States, which map is incorporated by reference and made a part hereof.

�� C. �Commission� shall mean the Klamath River Compact Commission as created by Article IX of this compact.

�� D. �Klamath Project� of the Bureau of Reclamation of the Department of the Interior of the United States shall mean that area as delineated by appropriate legend on the official map incorporated by reference under subdivision B of this Article.

�� E. �Person� shall mean any individual or any other entity, public or private, including either state, but excluding the United States.

�� F. �Keno� shall mean a point on the Klamath River at the present needle dam, or any substitute control dam constructed in section 36, township 39 south, range 7 east, Willamette Base and Meridian.

�� G. �Water� or �waters� shall mean waters appearing on the surface of the ground in streams, lakes or otherwise, regardless of whether such waters at any time were or will become ground water, but shall not include water extracted from underground sources until after such water is used and becomes surface return flow or waste water.

�� H. �Domestic use� shall mean the use of water for human sustenance, sanitation and comfort; for municipal purposes; for livestock watering; for irrigation of family gardens; and for other like purposes.

�� I. �Industrial use� shall mean the use of water in manufacturing operations.

�� J. �Irrigation use� shall mean the use of water for production of agricultural crops, including grain grown for feeding wildfowl.

ARTICLE III

DISTRIBUTION AND USE OF WATER

�� A. There are hereby recognized vested rights to the use of waters originating in the Upper Klamath River Basin validly established and subsisting as of the effective date of this compact under the laws of the state in which the use or diversion is made, including rights to the use of waters for domestic and irrigation uses within the Klamath Project. There are also hereby recognized rights to the use of all waters reasonably required for domestic and irrigation uses which may hereafter be made within the Klamath Project.

�� B. Subject to the rights described in subdivision A of this Article and excepting the uses of water set forth in subdivision E of Article XI, rights to the use of unappropriated waters originating within the Upper Klamath River Basin for any beneficial use in the Upper Klamath River Basin, by direct diversion or by storage for later use, may be acquired by any person after the effective date of this compact by appropriation under the laws of the state where the use is to be made, as modified by the following provisions of this subdivision B and subdivision C of this Article, and may not be acquired in any other way:

�� 1. In granting permits to appropriate waters under this subdivision B, as among conflicting applications to appropriate when there is insufficient water to satisfy all such applications, each state shall give preference to applications for a higher use over applications for a lower use in accordance with the following order of uses:

�� (a) Domestic use,

�� (b) Irrigation use,

�� (c) Recreational use, including use for fish and wildlife,

�� (d) Industrial use,

�� (e) Generation of hydroelectric power,

�� (f) Such other uses as are recognized under the laws of the state involved.

These uses are referred to in this compact as uses (a), (b), (c), (d), (e) and (f), respectively. Except as to the superiority of rights to the use of water for use (a) or (b) over the rights to the use of water for use (c), (d), (e) or (f), as governed by subdivision C of this Article, upon a permit being granted and a right becoming vested and perfected by use, priority in right to the use of water shall be governed by priority in time within the entire Upper Klamath River Basin regardless of state boundaries. The date of priority of any right to the use of water appropriated for the purposes above enumerated shall be the date of the filing of the application therefor, but such priority shall be dependent on commencement and completion of construction of the necessary works and application of the water to beneficial use with due diligence and within the times specified under the laws of the state where the use is to be made. Each state shall promptly provide the commission and the appropriate official of the other state with complete information as to such applications and as to all actions taken thereon.

�� 2. Conditions on the use of water under this subdivision B in Oregon shall be:

�� (a) That there shall be no diversion of waters from the Upper Klamath River Basin, but this limitation shall not apply to out-of-basin diversions of waters originating within the drainage area of Fourmile Lake.

�� (b) That water diverted from Upper Klamath Lake and the Klamath River and its tributaries upstream from Keno, Oregon, for use in Oregon and not consumed therein and appearing as surface return flow and waste water within the Upper Klamath River Basin shall be returned to the Klamath River or its tributaries above Keno, Oregon.

�� 3. Conditions on the use of water under this subdivision B in California shall be:

�� (a) That the waters diverted from the Klamath River within the Upper Klamath River Basin for use in California shall not be taken outside the Upper Klamath River Basin.

�� (b) That substantially all of the return flows and waste water finally resulting from such diversions and use appearing as surface waters in the Upper Klamath River Basin shall be made to drain so as to be eventually returned to the Klamath River upstream from Keno, Oregon.

�� C. 1. All rights, acquired by appropriation after the effective date of this compact, to use waters originating within the Upper Klamath River Basin for use (a) or (b) in the Upper Klamath River Basin in either state shall be superior to any rights, acquired after the effective date of this compact, to use such waters (i) for any purpose outside the Klamath River Basin by diversion in California or (ii) for use (c), (d), (e) or (f) anywhere in the Klamath River Basin. Such superior rights shall exist regardless of their priority in time and may be exercised with respect to inferior rights without the payment of compensation. But such superior rights to use water for use (b) in California shall be limited to the quantity of water necessary to irrigate 100,000 acres of land, and in Oregon shall be limited to the quantity of water necessary to irrigate 200,000 acres of land.

�� 2. The provisions of paragraph 1 of this subdivision C shall not prohibit the acquisition and exercise after the effective date of this compact of rights to store waters originating within the Upper Klamath River Basin and to make later use of such stored water for any purpose, as long as the storing of waters for such later use, while being effected, does not interfere with the direct diversion or storage of such waters for use (a) or (b) in the Upper Klamath River Basin.

ARTICLE IV

HYDROELECTRIC POWER

�� It shall be the objective of each state, in the formulation and the execution and the granting of authority for the formulation and execution of plans for the distribution and use of the water of the Klamath River Basin, to provide for the most efficient use of available power head and its economic integration with the distribution of water for other beneficial uses in order to secure the most economical distribution and use of water and lowest power rates which may be reasonable for irrigation and drainage pumping, including pumping from wells.

ARTICLE V

INTERSTATE DIVERSION AND STORAGE RIGHTS; MEASURING DEVICES

�� A. Each state hereby grants for the benefit of the other and its designees the right to construct and operate facilities for the measurement, diversion, storage and conveyance of water from the Upper Klamath River Basin in one state for use in the other insofar as the exercise of such right may be necessary to effectuate and comply with the terms of this compact. The location of such facilities shall be subject to approval by the commission.

�� B. Each state or its designee, exercising within the jurisdiction of the other a right granted under subdivision A of this Article, shall make provision for the establishment, operation and maintenance of permanent gaging stations at such points on streams or reservoir or conveyance facilities as may be required by the commission for the purpose of ascertaining and recording the volume of diversions by the streams or facilities involved. Said stations shall be equipped with suitable devices for determining the flow of water at all times. All information obtained from such stations shall be compiled in accordance with the standards of the United States Geological Survey, shall be filed with the commission, and shall be available to the public.

ARTICLE VI

ACQUISITION OF PROPERTY FOR STORAGE AND DIVERSION; IN LIEU TAXES

�� A. Subject to approval of the commission, either state shall have the right (1) to acquire such property rights in the other state as are necessary for the diversion, storage, conveyance, measurement and use of water in conformity with this compact, by donation or purchase, or (2) to elect to have the other state acquire such property rights for it by purchase or through the exercise of the power of eminent domain. A state making the latter election shall make a written request therefor and the other state shall expeditiously acquire said property rights either by purchase at a price satisfactory to the requesting state, or, if such purchase cannot be made, then through the exercise of its power of eminent domain, and shall convey said property rights to the requesting state or its designee. All costs of such acquisition shall be paid by the requesting state. Neither state shall have any greater power to acquire property rights for the other state through the exercise of the power of eminent domain than it would have under its laws to acquire the same property rights for itself.

�� B. Should any diversion, storage or conveyance facilities be constructed or acquired in either state for the benefit of the other state, as herein provided, the construction, repair, replacement, maintenance and operation of such facilities shall be subject to the laws of the state in which the facilities are located, except that the proper officials of that state shall permit the storage, release and conveyance of any water to which the other state is entitled under this compact.

�� C. Either state having property rights other than water rights in the other state acquired as provided in this Article shall pay to each political subdivision of the state in which such property rights are located, each and every year during which such rights are held, a sum of money equivalent to the average annual amount of taxes assessed against those rights during the 10 years preceding the acquisition of such rights in reimbursement for the loss of taxes to such political subdivisions of the state. Payments so made to a political subdivision shall be in lieu of any and all taxes by that subdivision on the property rights for which the payments are made.

ARTICLE VII

POLLUTION CONTROL

�� A. The states recognize that the growth of population and the economy of the Upper Klamath River Basin can result in pollution of the waters of the Upper Klamath River Basin constituting a menace to the health and welfare of, and occasioning economic loss to, people living or having interests in the Klamath River Basin. The states recognize further that protection of the beneficial uses of the waters of the Klamath River Basin requires cooperative action of the two states in pollution abatement and control.

�� B. To aid in such pollution abatement and control, the commission shall have the duty and power:

�� 1. To cooperate with the states or agencies thereof or other entities and with the United States for the purpose of promoting effective laws and the adoption of effective regulations for abatement and control of pollution of the waters of the Klamath River Basin, and from time to time to recommend to the governments reasonable minimum standards for the quality of such waters.

�� 2. To disseminate to the public by any and all appropriate means information respecting pollution abatement and control in the waters of the Klamath River Basin and on the harmful and uneconomic results of such pollution.

�� C. Each state shall have the primary obligation to take appropriate action under its own laws to abate and control interstate pollution, which is defined as the deterioration of the quality of the waters of the Upper Klamath River Basin within the boundaries of such state which materially and adversely affects beneficial uses of waters of the Klamath River Basin in the other state. Upon complaint to the commission by the state water pollution control agency of one state that interstate pollution originating in the other state is not being prevented or abated, the procedure shall be as follows:

�� 1. The commission shall make an investigation and hold a conference on the alleged interstate pollution with the water pollution control agencies of the two states, after which the commission shall recommend appropriate corrective action.

�� 2. If appropriate corrective action is not taken within a reasonable time, the commission shall call a hearing, giving reasonable notice in writing thereof to the water pollution control agencies of the two states and to the person or persons which it is believed are causing the alleged interstate pollution. Such hearing shall be held in accordance with rules and regulations of the commission, which shall conform as nearly as practicable with the laws of the two states governing administrative hearings. At the conclusion of such hearing, the commission shall make a finding as to whether interstate pollution exists, and if so, shall issue to any person or persons which the commission finds are causing such interstate pollution an order or orders for correction thereof.

�� 3. It shall be the duty of the person against whom any such order is issued to comply therewith. Any court of general jurisdiction of the state where such discharge is occurring or the United States District Court for the district where the discharge is occurring shall have jurisdiction, on petition of the commission for enforcement of such order, to compel action by mandamus, injunction, specific performance, or any other appropriate remedy, or on petition of the person against whom the order is issued to review any order. At the conclusion of such enforcement or review proceedings, the court may enter such decree or judgment affirming, reversing, modifying, or remanding such order as in its judgment is proper in the circumstances on the basis of the rules customarily applicable in proceedings for court enforcement or review of administrative actions.

�� D. The water pollution control agencies of the two states shall, from time to time, make available to the commission all data relating to the quality of the waters of the Upper Klamath River Basin which they possess as the result of studies, surveys and investigations thereof which they may have made.

ARTICLE VIII

MISCELLANEOUS

�� A. Subject to vested rights as of the effective date of this compact, there shall be no diversion of waters from the basin of Jenny Creek to the extent that such waters are required, as determined by the commission, for use on land within the basin of Jenny Creek.

�� B. Each state shall exercise whatever administrative, judicial, legislative or police powers it has that are required to provide any necessary reregulation or other control over the flow of the Klamath River downstream from any hydroelectric power plant for protection of fish, human life or property from damage caused by fluctuations resulting from the operation of such plant.

ARTICLE IX

ADMINISTRATION

�� A. 1. There is hereby created a commission to administer this compact. The commission shall consist of three members. The representative of the State of California shall be the Department of Water Resources. The representative of the State of Oregon shall be the Water Resources Commission of Oregon who shall serve as ex officio representative of the Water Resources Commission of Oregon. The President is requested to appoint a federal representative who shall be designated and shall serve as provided by the laws of the United States.

�� 2. The representative of each state shall be entitled to one vote in the commission. The representative of the United States shall serve as chairman of the commission without vote. The compensation and expenses of each representative shall be fixed and paid by the government which he represents. Any action by the commission shall be effective only if it be agreed to by both voting members.

�� 3. The commission shall meet to establish its formal organization within 60 days after the effective date of this compact, such meeting to be at the call of the Governors of the two states. The commission shall then adopt its initial set of rules and regulations governing the management of its internal affairs providing for, among other things, the calling and holding of meetings, the adoption of a seal, and the authority and duties of the chairman and executive director. The commission shall establish its office within the Upper Klamath River Basin.

�� 4. The commission shall appoint an executive director, who shall also act as secretary, to serve at the pleasure of the commission and at such compensation, under such terms and conditions and performing such duties as it may fix. The executive director shall be the custodian of the records of the commission with authority to affix the commission�s official seal, and to attest to and certify such records or copies thereof. The commission, without regard to the provisions of the civil service laws of either state, may appoint and discharge such consulting, clerical and other personnel as may be necessary for the performance of the commission�s functions, may define their duties, and may fix and pay their compensation. The commission may require the executive director and any of its employees to post official bonds, and the cost thereof shall be paid by the commission.

�� 5. All records, files and documents of the commission shall be open for public inspection at its office during established office hours.

�� 6. No member, officer or employee of the commission shall be liable for injury or damage resulting from (a) action taken by such member, officer or employee in good faith and without malice under the apparent authority of this compact, even though such action is later judicially determined to be unauthorized, or (b) the negligent or wrongful act or omission of any other person, employed by the commission and serving under such officer, member or employee, unless such member, officer or employee either failed to exercise due care in the selection, appointment or supervision of such other person, or failed to take all available action to suspend or discharge such other person after knowledge or notice that such other person was inefficient or incompetent to perform the work for which he was employed. No suit may be instituted against a member, officer or employee of the commission for damages alleged to have resulted from the negligent or wrongful act or omission of such member, officer or employee or a subordinate thereof occurring during the performance of his official duties unless, within 90 days after occurrence of the incident, a verified claim for damages is presented in writing and filed with such member, officer or employee and with the commission. In the event of a suit for damages against any member, officer or employee of the commission on account of any act or om

ORS 543.078

543.078 to 543.092, 543.210, 543.280, 543.300, 543.710 and 543A.405; and

�� (b) All moneys received on behalf of this account by gift, grant or appropriation from whatever source.

�� (3) All interest, if any, from moneys credited to the Water Resources Department Hydroelectric Fund shall be credited to the fund and shall inure to the benefit of the Water Resources Department Hydroelectric Fund.

�� (4) Application fees received under ORS 543A.405 shall be disbursed to the various agencies in the amounts specified in the cost reimbursement agreement executed with each reauthorization applicant.

�� (5) Annual fees paid under ORS 543.078 shall be disbursed to state agencies pursuant to a memorandum of agreement developed by the Department of Environmental Quality, the State Department of Fish and Wildlife and the Water Resources Department. [1991 c.869 �2; 1997 c.449 �36; 1999 c.873 �13; 2021 c.516 �1]

�� 536.017 Records of expenditures from Water Resources Department Hydroelectric Fund. The Water Resources Commission and the State Department of Fish and Wildlife shall maintain records of expenditures from the Water Resources Department Hydroelectric Fund established under ORS 536.015. The records shall account for costs imposed against specific operating hydroelectric projects and against projects in the process of obtaining a state or federal hydroelectric permit, certificate or license. [1991 c.869 �13]

�� Note: 536.017 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 536 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 536.018 [1975 c.581 �16; repealed by 1985 c.673 �185]

�� 536.020 [Repealed by 1955 c.707 �75]

�� 536.021 Water Measurement Cost Share Program Revolving Fund; uses; sources; prioritization. (1) The Water Measurement Cost Share Program Revolving Fund is established separate and distinct from the General Fund. All moneys in the Water Measurement Cost Share Program Revolving Fund are continuously appropriated to the Water Resources Department for the purposes described in this section.

�� (2) The fund established in this section consists of moneys appropriated by the Legislative Assembly and moneys gifted, bequested, donated or granted from any person for the purpose of installing, substantially repairing or replacing streamflow gauges, measuring devices or headgates with measuring devices.

�� (3) The department may use the moneys in the fund to contribute up to 75 percent of the moneys needed to install, substantially repair or replace a streamflow gauge, measuring device or headgate with a measuring device on authorized diversions or points of appropriation where the gauge, measuring device or headgate will be used to protect in-stream flow or existing water rights, measure ground water use or monitor water rights and streamflow.

�� (4) The department may receive funds from, and may enter into agreements or contracts with, any person for the purpose of implementing the Water Measurement Cost Share Program Revolving Fund.

�� (5) The department shall prioritize the expenditure of moneys from the fund for streamflow gauges, measuring devices and headgates with measuring devices in the following descending order:

�� (a) Installation.

�� (b) Replacement.

�� (c) Substantial repair. [2001 c.808 �2; 2017 c.170 �1]

WATER RESOURCES COMMISSION

�� 536.022 Water Resources Commission; members; terms; confirmation; compensation and expenses. (1) There is created a Water Resources Commission consisting of seven members, appointed by the Governor, one of whom the Governor shall designate as chairperson. The members appointed to the commission shall be subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. One member of the commission shall be appointed from each of the five regional river basin management areas set forth in subsection (3) of this section, one member shall be appointed from east of the summit of the Cascade Mountains, as defined in ORS 477.001, and one member shall be appointed from west of that summit.

�� (2) The term of office of a member shall be four years. Before the expiration of the term of a member, the Governor shall appoint a successor to assume the retiring member�s duties on July 1 next following. A member shall be eligible for reappointment, but no member shall serve more than two consecutive terms. In case of a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. The members of the commission shall serve at the pleasure of the Governor.

�� (3) For purposes of appointing members under subsection (1) of this section, the drainage basins of the state shall be divided into the following regional river basin management areas:

�� (a) Upper Northwest Region, consisting of the Lower and Middle Willamette, North Coast and Sandy drainage basins and that portion of the Columbia River drainage basin below Bonneville Dam.

�� (b) Southwest Region, consisting of the Rogue, Klamath, Goose and Summer Lakes drainage basins and that portion of the South Coast drainage basins south of the mouth of the Rogue River.

�� (c) West Central Region, consisting of the Umpqua, Mid Coast, Upper Willamette and that portion of the South Coast drainage basins north of the mouth of the Rogue River.

�� (d) North Central Region, consisting of the Umatilla, John Day, Hood and Deschutes drainage basins and that portion of the Columbia River drainage basin above Bonneville Dam.

�� (e) Eastern Region, consisting of the Owyhee, Malheur, Grande Ronde, Malheur Lake, Middle Snake and Powder drainage basins.

�� (4) A member of the commission is entitled to compensation and expenses as provided in ORS

ORS 543.290

543.290 to 543.610 shall not apply to cities, towns or other municipal corporations of this state, including utility districts organized under section 12, Article XI, Oregon Constitution, and legislation enacted thereunder; saving, however, to such cities, towns and other municipal corporations the rights and preferences specified in ORS 543.260, 543.270 and 543.610. The Water Resources Commission shall exercise the powers in relation to utility districts as may be conferred upon the commission by any legislation providing for the creation of such utility districts. [Amended by 1985 c.673 �144; 1991 c.869 �7]

�� 543.160 Hydroelectric facility on North Santiam River prohibited; exception. (1) No person shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on the North Santiam River between river mile 27 and Big Cliff Dam.

�� (2) Nothing in subsection (1) of this section applies to any hydroelectric facility or structure constructed on the North Santiam River prior to October 15, 1983, to the historic uses of such a hydroelectric facility or structure or to the repair or reconstruction of such a hydroelectric facility or structure at the present site. [1983 c.418 ��1,2]

�� Note: 543.160 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 543.165 Hydroelectric facility on part of Deschutes River prohibited. No person, state agency, local government, district or municipal corporation shall construct, and no officer or agency of the state shall issue any permit for the construction of any hydroelectric facility or structure on the Deschutes River between river mile 172 below Lava Island Falls and river mile 227 below but not including Wickiup Dam. [1985 c.560 �1]

�� Note: 543.165 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 543.170 Hydroelectric facility on Isq�ulktpe Creek prohibited. No person, state agency, local government, district or municipal corporation shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on Isq�ulktpe Creek. [1985 c.560 �2; 2019 c.13 �54]

�� Note: 543.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 543.175 Hydroelectric facility on Deschutes River within City of Bend prohibited; exception. (1) Except as provided in subsection (2) of this section, no person, state agency, local government, district or municipal corporation shall construct or maintain, and no officer or agency of the state shall issue any permit for the construction or maintenance of any hydroelectric facility or structure on that portion of the Upper Deschutes River situated within the city limits of the City of Bend except for a facility that meets all of the following criteria:

�� (a) The facility is located on an existing irrigation diversion facility or structure constructed by persons.

�� (b) The operation of the facility would not require any water in addition to water appropriated for irrigation purposes.

�� (c) Operation of the facility would be limited to the period of time during which water is diverted for irrigation purposes and the diversion would not be extended for the purpose of hydroelectric power generation.

�� (2) Subsection (1) of this section shall not apply to the construction and maintenance of or the issuance of a permit for a hydroelectric facility or structure for which the hearing record is closed on or before the July 12, 1985, whether or not the record is later reopened by or at the direction of the Water Resources Commission for any reason.

�� (3) As used in this section, �Upper Deschutes River� means that portion of the mainstem Deschutes River between the North Canal Dam at approximately river mile 165 and the head waters of the Deschutes River. [1985 c.560 �3]

�� Note: 543.175 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PRELIMINARY PERMITS; LICENSES

�� 543.210 Preliminary permits; application; contents; fee. (1) Any person who proposes to operate a hydroelectric project in Oregon shall apply for a state preliminary permit. Any person who applies to the Federal Energy Regulatory Commission for a preliminary permit to operate a hydroelectric project shall, at the same time, apply for a state preliminary permit. The Water Resources Commission may issue a preliminary permit to any person possessing the qualifications of a licensee as specified in ORS 543.010 to 543.610.

�� (2) The application for a preliminary permit shall set forth:

�� (a) The name and post-office address of the applicant;

�� (b) The approximate site of any proposed dam or diversion;

�� (c) The amount of water in cubic feet per second;

�� (d) The theoretical horsepower; and

�� (e) Any other data the commission may by rule require.

�� (3) Upon receipt of an application for a preliminary permit the commission shall indorse on the application the date of receipt, and keep a record of the receipt of the application. The date so indorsed shall determine the priority of the use of water initiated under the provisions of ORS 543.010 to 543.610.

�� (4) At the time of filing application for preliminary permit the applicant shall pay to the state the portion of the total project fee required in ORS 543.280, to cover costs of recording, publishing notices and making investigations necessary to determine whether or not a preliminary permit should be granted. [Amended by 1961 c.224 �15; 1985 c.673 �147; 1991 c.869 �8]

�� 543.220 Notice of filing of application; waiting period. (1) If an application is made for a preliminary permit, after said application has been referred to hearing, the Water Resources Commission shall give written notice of the filing of the application to:

�� (a) Any municipality or other person or corporation that, in the judgment of the commission, is likely to be interested in or affected by the proposed project; and

�� (b) The owner of any land that is:

�� (A) Adjacent to any portion of the stream in which the quantity of water will be decreased by the project; or

�� (B) Adjacent to the site of the proposed project.

�� (2) The commission shall also publish notice of the application in the weekly public notice of the Water Resources Department.

�� (3) No application for the appropriation or use of water for the development of 1,000 theoretical horsepower or more shall be granted until at least six months after the application for a preliminary permit has been filed. [Amended by 1961 c.224 �16; 1975 c.581 �27; 1985 c.569 �23; 2011 c.52 �9; 2025 c.282 �7]

�� Note: The amendments to 543.220 by section 7, chapter 282, Oregon Laws 2025, become operative April 1, 2026, and apply to applications and petitions submitted on or after April 1, 2026. See section 30, chapter 282, Oregon Laws 2025, as amended by section 21b, chapter 575, Oregon Laws 2025, and see section 48, chapter 282, Oregon Laws 2025, as amended by section 21c, chapter 575, Oregon Laws 2025. The text that is operative until April 1, 2026, is set forth for the user�s convenience.

�� 543.220. (1) If an application is made for a preliminary permit, after said application has been referred to hearing the Water Resources Commission shall give written notice of the filing of the application to:

�� (a) Any municipality or other person or corporation that, in the judgment of the commission, is likely to be interested in or affected by the proposed project; and

�� (b) The owner of any land that is:

�� (A) Adjacent to any portion of the stream in which the quantity of water will be decreased by the project; or

�� (B) Adjacent to the site of the proposed project.

�� (2) The commission shall also publish notice of the application once each week for at least two successive weeks and for such further time, if any, as the commission shall determine, in a newspaper of general circulation in each county in which the project covered by the application is located.

�� 543.225 Hearing on application; notice; policy. (1) The Water Resources Commission shall conduct a public hearing on any application or amended application for a preliminary permit or for a license for a major project of more than 100 theoretical horsepower and an application for preliminary permit or license for a minor project of less than 100 theoretical horsepower if the commission concludes it is in the public interest to do so.

�� (2) The commission shall give proper notice of the public hearing on an application under subsection (1) of this section, to the applicant and to each protestant, if any. After the hearing, if the commission determines that the proposed project does not comply with the standards set forth in ORS 543.017 or rules adopted by the commission under ORS 543.017, or would otherwise impair or be detrimental to the public interest so far as the coordinated, integrated state water resources policy is concerned, it shall enter an order rejecting the application or requiring its modification to conform to the public interest, to the end that the highest public benefit may result from the proposed project. The order may set forth any or all of the provisions or restrictions to be included in a preliminary permit or license concerning the use, control and management of the water to be appropriated for the project, including, but not limited to, a specification of reservoir operation and minimum releases to protect the public interest.

�� (3) In determining whether the proposed project would impair or be detrimental to the public interest, the commission shall have due regard for:

�� (a) Conserving the highest use of the water for all purposes, including irrigation, domestic use, municipal water supply, power development, public recreation, protection of commercial and game fishing and wildlife, fire protection, mining, industrial purposes, navigation, scenic attraction or any other beneficial use to which the water may be applied for which it may have a special value to the public.

�� (b) The maximum economic development of the waters involved.

�� (c) The control of the waters of this state for all beneficial purposes, including drainage, sanitation and flood control.

�� (d) The amount of waters available for appropriation for beneficial use.

�� (e) The prevention of wasteful, uneconomic, impracticable or unreasonable use of the waters involved.

�� (f) All vested and inchoate rights to the waters of this state or to the use thereof, and the means necessary to protect such rights.

�� (g) The state water resources policy formulated under ORS 536.295 to 536.350 and 537.505 to

ORS 543.540

543.540. [Amended by 1953 c.271 �1; 1985 c.673 �159]

�� 543.540 Consideration for bonds, stocks and other securities; restrictions; corporate shares; sale price of securities; discount from face value. No bonds, notes or other obligations or securities or corporate stock shall be issued in connection with the financing, construction or acquisition of any project or part of a project, under a license issued pursuant to ORS 543.010 to 543.610, except for cash or property. If issued for property, the price or value at which the property is to be acquired by the licensee and made a part of any such project must be submitted to and approved by the Water Resources Commission before it is purchased or acquired. All corporate shares issued in connection with any such project shall have a nominal or par value. All bonds, notes or other obligations or securities, and all shares of corporate stock issued or sold by any licensee in connection with the acquisition, construction or financing of any project, or part of a project, shall be issued or sold or used in the purchase or acquisition of property at the full face or nominal value thereof, unless the commission consents to and approves the sale for cash, or the use of cash in the purchase or acquisition of property at a discount from the face or nominal value of the property. Any discount so approved and consented to shall be considered a part of the cost of financing. [Amended by 1985 c.673 �160]

�� 543.550 Liens prohibited; exceptions; what may be included by mortgage, trust deed, or sale; determination of investment in case of sale of part. No lien for labor, services, materials, machinery or equipment shall exist or be acquired or enforced upon any property acquired, constructed or made a part of any project under license issued pursuant to ORS 543.010 to 543.610. No property shall be put into or made part of any such project unless owned by the licensee free and clear of all liens and claims whatsoever, except a lien created by the licensee upon the whole property embraced in the project by mortgage or deed of trust, to the end that the entire property embraced in the project be kept and maintained as an indivisible whole. The mortgage or deed of trust may include other property. Any voluntary sale or any sale upon a judgment of foreclosure, execution or otherwise, shall be of the whole property embraced in the project unless the Water Resources Commission, by an order in writing, consents to and approves of a sale of a part of the property. If less than the whole of any property embraced in a project is sold with the consent and approval of the commission, the commission shall determine at the time of the sale the actual net investment in the part sold, as well as the actual net investment in the part remaining unsold. [Amended by 1985 c.673 �161; 2003 c.576 �496]

�� 543.560 Bond of licensee or letter of credit securing claims of suppliers; enforcement of obligation; action for sums due State Accident Insurance Fund Corporation. Before entering upon the work of construction or acquisition of any project, the licensee shall execute to the state a bond, with good and sufficient sureties or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, in either case, to be approved by the Water Resources Commission, to the effect that the licensee shall promptly make payment to all persons supplying labor, services, material, machinery or equipment for the prosecution of the work, and all amounts due the State Industrial Accident Fund from the licensee. Any person supplying the licensee with any labor, services, material, machinery or equipment for prosecution of the work who has not been paid therefor within 60 days after the same has been supplied, or when payment is due according to any special agreement, may, within one year after any payment has become due, bring an action against the licensee, and the sureties upon the bond, or the letter of credit issuer for payment of the amount due to the person, and prosecute the same to final judgment and execution. The action shall be brought in the name of the state upon the relation of the person to whom payment is due. The state, at the request of the State Accident Insurance Fund Corporation may prosecute an action to judgment and execution against the licensee and the sureties upon the bond or letter of credit for all sums due the State Industrial Accident Fund. [Amended by 1985 c.673 �162; 1991 c.331 �80; 1997 c.631 �487]

ACQUISITION OF PROJECT BY STATE OR MUNICIPALITY

�� 543.610 Acquisition of project by state or municipality. (1) Upon not less than two years� notice in writing the state, or any municipality thereof, shall have the right at any time to take over and thereafter to maintain and operate any project constructed under a license pursuant to ORS 543.010 to 543.610, upon payment of just compensation, including such reasonable damages, if any, to valuable, serviceable and dependent property of the holder of the license, not taken over, as may be caused by the severance therefrom of the property taken, and shall assume all contracts entered into by the licensee which are required to have and do have the express approval of the Water Resources Commission. If the sum to be paid cannot be agreed upon by the holder of the license and the municipality or the state, as the case may be, it shall be determined in a proceeding in equity instituted by the state or municipality, as the case may be, in the circuit court of the county in which the major part of the project is located.

�� (2) There is also expressly reserved to the state, and any municipality thereof, the right to take over all or any part of any project by condemnation proceedings as may be provided by the laws of Oregon or the charter of any such municipality. [Amended by 1983 c.799 �8]

�� 543.620 [Repealed by 1995 c.229 �9]

POWER GENERATION BY DISTRICTS

�� 543.650 Policy. The Legislative Assembly finds that a significant potential exists for the development of the hydroelectric generation capabilities of water systems serving domestic water supply districts, irrigation districts, drainage districts, water improvement districts and water control districts. The Legislative Assembly also finds that the development of such hydroelectric generation capabilities is desirable for meeting the electrical energy needs of the citizens of the State of Oregon. It is the intent of the Legislative Assembly to provide domestic water supply districts, irrigation districts, drainage districts, water improvement districts and water control districts with the authority and the right to exercise municipal preference in the development of hydroelectric generation capabilities in connection with their water systems. Further, it is the intent of the Legislative Assembly that the development of hydroelectric generation capabilities under ORS 543.650 to

ORS 543.664

543.664. [1985 c.561 �2]

�� 543.664 Rules relating to joint projects of districts and private persons. The Water Resources Commission shall establish rules necessary to carry out the provisions of ORS 543.662. The rules shall include the amount of control over and interest in a joint project a district must retain in order to receive the benefit of the municipal preference and proceed under the municipal application process set forth in ORS chapter 537. [1985 c.561 �3]

�� 543.665 Authority to issue revenue bonds to acquire hydroelectric facilities. (1) In addition to any other authority under its principal Act to issue bonds, a district, when authorized at any properly called election, shall have the power to sell and dispose of revenue bonds to construct or acquire hydroelectric facilities in conformance with ORS 543.650 to 543.685 to develop the hydroelectric generation capabilities of the water system, and to pledge as security therefor all or any part of the unobligated net revenue of the district or system.

�� (2) Revenue bonds may be issued by a district to construct or acquire hydroelectric facilities in connection with its water system in conformance with ORS 543.650 to 543.685, including, but not limited to, dams, canals, generating plants, transmission lines, other power equipment and acquire the necessary property and rights therefor, for the purpose of generating hydroelectric energy.

�� (3) The revenue bonds authorized by this section shall be issued in the same manner and form as are general obligation bonds of the district, but they shall be payable, both as to principal and interest, from revenues only, as specified by this section. The revenue bonds shall not be subject to the percentage limitation applicable to general obligation bonds and shall not be a lien upon any of the taxable property within the corporate limits of such district, but shall be payable solely from such part of the revenues of the district as remain after payment of obligations having a priority and of all expenses of operation and maintenance of the district, including any taxes levied against it. All revenue bonds shall contain a clause reciting that both the principal and interest are payable solely from operating revenues of the district remaining after paying such obligations and expenses. [1981 c.420 �4; 1985 c.561 �6]

�� 543.670 Manner of issuance of revenue bonds. All revenue bonds issued under ORS 543.665 shall be issued as prescribed in ORS chapter 287A, but the requirements of ORS 287A.150 do not apply. [1981 c.420 �5; 1983 c.557 �12; 2007 c.783 �216]

�� 543.675 Power of eminent domain not to be exercised to acquire hydroelectric facilities. Notwithstanding any powers of eminent domain and condemnation given to a district under its principal Act, a district shall not exercise any power of condemnation or eminent domain to condemn, appropriate or acquire real property for the purpose of constructing, acquiring, operating or maintaining hydroelectric facilities. [1981 c.420 �6]

�� 543.680 Compliance with water appropriation laws required. A district shall comply with all applicable provisions of ORS chapter 537 before enlarging or modifying the district�s water system for the purpose of generating hydroelectric energy. [1981 c.420 �7; 1985 c.561 �7]

�� 543.685 District board to require weatherization; Weatherization Fund; purpose. (1) If the board of directors of a district has not adopted an ordinance, resolution or administrative rule requiring the weatherization of the buildings of the district, the district shall deposit 10 percent of any revenues derived from the sale of excess electric energy under ORS 543.660 with the officer serving as the treasurer of the district to be credited to a special fund designated its Weatherization Fund. Moneys in the fund shall be expended upon written order of the board of directors for the sole purpose of accomplishing weatherization of buildings owned by the district.

�� (2) As used in this section, �weatherization� means the installation of materials, equipment or fixtures designed primarily to improve the efficiency of space heating and energy utilization of a building. [1981 c.420 �8]

POWER DEVELOPMENT FEES

�� 543.705 Definitions for ORS 543.710 to 543.730. As used in ORS 543.710 to 543.730, �claimant� means any person claiming the right to the use of water for power development. [1957 c.333 �1]

�� 543.710 Annual fee based on horsepower; exemptions; disbursement. Every claimant other than a licensee under ORS 543.010 to 543.610 shall on or before January 1 of each year pay to the state in advance an annual fee based upon the theoretical water horsepower claimed under each separate claim to water and calculated using the formula under ORS 543.078 for a project of similar theoretical horsepower. [Amended by 1957 c.333 �2; 1965 c.185 �1; 1973 c.163 �5; 1997 c.449 �38; 1999 c.873 �24; 2001 c.104 �229; 2021 c.516 �6]

�� 543.720 Payment of annual fee; accompanying statement; penalty for nonpayment of fees or nonfiling; lien; foreclosure; effect of filing excessive claim; computation of horsepower. (1) The fees provided for in ORS 543.710 shall be paid to the Water Resources Commission in advance, and shall be accompanied by a written statement showing the extent of the claim. The statement shall set forth the name and address of the claimant; the name of the stream from which the water is appropriated or claimed for power development; a description of the 40 acres, or smallest legal subdivision in which the point of diversion and point of return are located; the date of the right as claimed; the maximum amount of water claimed expressed in cubic feet per second of time; the total average fall utilized under such claim; the manner of developing power; and the use to which the power is applied. If the regular flow is supplemented by water stored in a reservoir, the location of the reservoir, its capacity in acre-feet and the stream from which it is filled and fed, should be given, also the date of the right as claimed, for storage purposes.

�� (2) If any claimant fails or neglects to file the statement or to pay the fees within the time specified, the fees due and payable shall be the amount specified in ORS

ORS 543.685

543.685 does not become the primary function of domestic water supply districts, irrigation districts, drainage districts, water improvement districts and water control districts. [1981 c.420 �1]

�� 543.655 Definitions for ORS 543.650 to 543.685. As used in ORS 543.650 to 543.685, unless the context requires otherwise:

�� (1) �District� means any one of the following:

�� (a) A domestic water supply district organized under ORS chapter 264.

�� (b) An irrigation district organized under ORS chapter 545.

�� (c) A drainage district organized under ORS chapter 547.

�� (d) A water improvement district organized under ORS chapter 552.

�� (e) A water control district organized under ORS chapter 553.

�� (2) �Principal Act� means the statutes, other than ORS 543.650 to 543.685, which describe the powers of a district, including, but not limited to, the statutes under which a district is proposed or is operating.

�� (3) �Water system� means any structure or facility constructed by persons and used by a district to achieve the district�s purpose under the district�s principal Act whether or not such structure or facility is owned by the district. [1981 c.420 �2; 1985 c.561 �4]

�� 543.660 Authority of district to enlarge or modify water system and power generating facilities; joint district ventures; prohibitions; sale of energy; regulations. (1) A district, alone or jointly with other districts, electric cooperatives, as defined in ORS 261.010, people�s utility districts, a cooperative as defined in ORS 62.015, municipal corporations authorized to engage in generating and distributing electricity or public utilities, as defined in ORS 757.005, engaged in the business of generating and distributing electricity, may enlarge or modify its water system for the purpose of generating electricity and may operate and maintain such facilities, notwithstanding any provision of paragraph (a) of this subsection. If a district already has hydroelectric generating capability, the district may enlarge or modify the district�s facilities used for generation of hydroelectric power. Two or more districts may, as a joint venture, generate electricity under ORS 543.650 to 543.685 as long as the structure or facility that is enlarged or modified to produce the electricity is part of the water system of at least one of the districts participating in the joint venture. However, a district may not:

�� (a) Construct, acquire, operate or maintain any facility or structure that is not an enlargement or modification of the district�s water system solely or primarily for the purpose of generating electricity; or

�� (b) Be created solely or primarily for the purpose of constructing, acquiring, operating or maintaining hydroelectric facilities.

�� (2) A district shall sell the excess electric energy generated at such hydroelectric facilities to the Bonneville Power Administration, a public utility as defined in ORS 757.005, an electric cooperative as defined in ORS 261.010, a people�s utility district, a cooperative as defined in ORS 62.015, a municipal corporation or a municipally owned utility. Any sale of excess electric energy shall be made in accordance with terms and conditions of the Federal Power Act, as amended by the Public Utility Regulatory Policies Act of 1978. As used in this subsection, �excess electric energy� means electric energy not used by the district to meet its own electric pumping requirements.

�� (3) The board of directors of the district shall establish regulations governing electric energy generation and sale under this section.

�� (4) Electricity shall be sold under this section only at wholesale. [1981 c.420 �3; 1985 c.561 �5; 1995 c.195 �44; 2003 c.802 �80; 2005 c.22 �381]

�� 543.662 Authority of district to develop joint project with private person; restrictions. A district may contract with a private person to enlarge or modify the district�s water system for the purpose of generating hydroelectric power. The district shall retain sufficient benefit and interest in, and control of a joint project as necessary for the project to be considered a district project. A district and a private person developing a joint project under ORS 543.650 to 543.685 must comply with the rules adopted by the Water Resources Commission under ORS

ORS 543.710

543.710 increased 25 percent. The state shall have a preference lien for the fees due, together with interest at the rate of 10 percent per annum from date of delinquency, upon the property of the claimant used, or necessary for use, in the development of the right or claim, together with any improvements erected on the property for such development. Upon notice from the commission, the Attorney General shall foreclose the lien and collect the amount due, as provided in this section, in the same manner as other liens on real property are foreclosed.

�� (3) The filing of a claim to water in excess of the amount to which the claimant is legally entitled shall not operate to vest in the claimant any right to the use of such excess water, nor shall the payment of the annual license fee provided for in ORS 543.710 operate to vest in any claimant any right to the use of such water beyond the amount to which claimant is legally entitled. The filing of any such claim to water shall be conclusive evidence as to the abandonment by the claimant of all rights to water for power purposes in excess of the claim as filed.

�� (4) The amount of theoretical water horsepower upon which fees shall be paid under the provisions of this section and ORS 543.710 shall be computed by multiplying the maximum amount of water claimed, expressed in cubic feet per second, by the average total fall utilized, expressed in feet, and dividing the product by 8.8. [Amended by 1985 c.673 �163]

�� 543.725 [1985 c.674 �9; repealed by 1991 c.869 �15]

�� 543.730 Failure to file statement or pay fees as evidence of abandonment of claim; cancellation of claim, permit and water right certificate. (1) Failure of any claimant for a period of five successive years ending after August 20, 1957, to file the written statement showing the extent of the claim as required by ORS 543.720, or failure of any claimant for a period of five successive years ending after August 20, 1957, to pay the annual license fee as required by ORS 543.710, shall be conclusive evidence of the abandonment by the claimant of the claim and of all right to water for power purposes in connection with such claim.

�� (2) When a claim is abandoned under the provisions of subsection (1) of this section, or whenever a claimant has voluntarily authorized, in writing, the cancellation of a claim or the water right in connection therewith, the Water Resources Commission shall:

�� (a) Cancel the claim on the records of the Water Resources Department.

�� (b) Cancel any permit to appropriate water or any water right certificate issued in connection with such claim. [1957 c.333 �3; 1979 c.67 �7; 1985 c.673 �164]

USE OF EXISTING WATER RIGHT FOR HYDROELECTRIC PURPOSES

�� 543.760 Definition of water right. As used in ORS 543.765, �water right� means a water use established by an adjudication under ORS chapter 539 as evidenced by a court decree or a certificated ground water or surface water right that is issued for some use other than for hydroelectric power and that serves as the underlying water right for an application to use water for hydroelectric purposes. [2007 c.657 �1]

�� Note: 543.760 and 543.765 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 543.765 Certificate to use water for hydroelectric purposes within artificial delivery system; expedited application process; certificate conditions; annual payments; fees. (1) Notwithstanding ORS 537.145 and ORS chapter 543:

�� (a) The holder of a water right may apply to the Water Resources Department for a certificate to use water for hydroelectric purposes within an artificial delivery system under the applicant�s existing water right.

�� (b) A municipal corporation or people�s utility district, as defined in ORS 261.010, may apply to the department for a certificate to use water for hydroelectric purposes within a piped conduit in an artificial delivery system that is delivering water for municipal uses even if the municipal corporation or people�s utility district is not the holder of the underlying municipal water right, if the municipal corporation or people�s utility district obtains from the holder of the underlying municipal water right, and provides to the department with the application, a written statement authorizing the municipal corporation or people�s utility district to use the water for hydroelectric purposes.

�� (2) If the proposed hydroelectric project meets the applicable capacity limitation under this subsection and meets either the qualifications for a Federal Energy Regulatory Commission exemption from licensing or similar qualifications of another federal agency responsible for authorizing the project, the applicant may use the expedited application process under this section regardless of which federal agency issues the authorization. To qualify under this subsection:

�� (a) For a project that is to be built as part of an existing dam, the capacity may not exceed five megawatts. Subsection (6)(b) of this section does not apply to a project described in this paragraph.

�� (b) For in-conduit projects, the capacity may not exceed 15 megawatts for a nonmunicipal facility or 40 megawatts for a municipal facility. Projects described in this paragraph must comply with subsection (6)(b) of this section.

�� (3) An application, which shall be on a form provided by the Water Resources Department, for a hydroelectric certificate under this section must include:

�� (a) The certificate number, or decree reference if no confirming certificate has been issued, of the applicant�s existing water right, or the underlying water right, associated with the proposed hydroelectric project.

�� (b) A copy of either a Federal Energy Regulatory Commission exemption application or a similar application submitted to the federal agency responsible for authorizing the project, if applicable.

�� (c) A proposed schedule of annual water use and an estimate of the maximum power generation of the proposed hydroelectric project.

�� (d) A statement by the applicant that the amount of water used by the proposed hydroelectric project will not exceed the amount authorized and used under the applicant�s existing water right, or the underlying water right, for beneficial use without waste.

�� (e) A statement that the applicant owns or otherwise controls the water conveyance system.

�� (f) An application processing fee of $500. The department shall deposit fees collected under this section into the Water Resources Department Hydroelectric Fund established pursuant to ORS 536.015.

�� (g) A map or drawing and all other data concerning the proposed hydroelectric project, as may be prescribed by the department. The map or drawing must be of sufficient quality and scale to establish the location of the existing point of diversion and the proposed location of the hydroelectric project.

�� (h) If the water to be used for the proposed hydroelectric project is delivered by a public entity other than the applicant for a certificate under this section, a statement from that entity that the entity will be able to deliver water as described in the application.

�� (i) Evidence that the water has been used over the past five years according to the terms and conditions of the applicant�s existing water right, or the underlying water right, described in paragraph (a) of this subsection.

�� (4) If an applicant provides the information required by subsection (3) of this section:

�� (a) The Water Resources Department shall provide notice to both the State Department of Fish and Wildlife and the public, and provide a 30-day period for public comment.

�� (b) The Water Resources Department may issue a final order and certificate to use water for hydroelectric purposes upon making a final determination that the proposed hydroelectric use does not impair, or is not detrimental to, the public interest in the manner provided in ORS 537.170 (7).

�� (5) If the Water Resources Department determines that public interest issues have been identified, the department shall issue a final order denying the application. The department shall also issue a final order denying the application if the department identifies issues related to the public interest. If the applicant does not appeal the final order as provided in ORS chapter 183 and, within one year of the department�s final order denying the applicant�s application, files an application with the department for a preliminary permit to operate a hydroelectric project as provided in ORS 537.130 and 543.210, the applicant shall receive a credit toward the applicant�s application fees in the amount of $500.

�� (6) At a minimum, a certificate issued under this section must contain the following conditions:

�� (a) Except as provided in paragraph (b) of this subsection, fish screens, by-pass devices and fish passages as required by the State Department of Fish and Wildlife.

�� (b) If the application is for a hydroelectric project that is to be installed in or on a conduit delivery system, the certificate does not need to include a requirement for fish passage at the diversion point for the conduit delivery system if:

�� (A) The hydroelectric generating equipment for the project is not located on a dam;

�� (B) The hydroelectric generating equipment for the project is installed within or at the end of a conduit delivery system;

�� (C) The conduit delivery system is operated for the distribution of water for agricultural, municipal or industrial consumption; and

�� (D) Except as provided in subsection (16) of this section, the certificate includes a condition for the making of annual payments under subsection (15) of this section.

�� (c) That use of water be limited to periods when the applicant�s existing water right, or the underlying water right, is put to beneficial use without waste and that the amount used is not greater than the quantity of water diverted to satisfy the authorized specific use under the existing water right, or the underlying water right, described in subsection (3)(a) of this section.

�� (d) That use of water be limited by rate, duty, season and any other limitations of the applicant�s existing water right, or the underlying water right, described in subsection (3)(a) of this section.

�� (e) That the applicant measure and report the quantity of water diverted.

�� (f) That the restrictions established in ORS 543.660 shall apply as conditions of use to a certificate issued under this section to a district as defined in ORS 543.655.

�� (g) That a certificate issued under this section shall be invalidated upon a change in the point of diversion of the existing water right, or the underlying water right, described in subsection (3)(a) of this section.

�� (h) That the right to use water under a certificate issued under this section is invalidated if the federal exemption or authorization related to the certificate is canceled or invalidated.

�� (i) Any other conditions the Water Resources Department deems necessary to protect the public interest.

�� (7) The Water Resources Department shall conduct a review of certificates issued under this section and shall issue a final order and a superseding certificate that corresponds to any changes or adjustments made to the applicant�s existing water right, or the underlying water right, described in subsection (3)(a) of this section.

�� (8) Subsection (6)(b) of this section does not affect any requirement for fish passage applicable to a project that is otherwise required by law.

�� (9) Upon request, the State Department of Fish and Wildlife and the Water Resources Department shall arrange a preapplication meeting with a person to discuss the requirements associated with the installation of a hydroelectric project in an artificial delivery system.

�� (10) A certificate issued under this section may not have its own priority date. The Water Resources Department may not regulate for or against any certificate issued under this section based on the priority date of the certificate.

�� (11) A certificate issued under this section does not grant a right to divert water for hydroelectric purposes.

�� (12) A certificate issued under this section may not be included in the determination of injury to other water rights pursuant to ORS chapter 540.

�� (13) A certificate issued under this section is subject to review 50 years after the date of issuance and pursuant to the terms described in this section.

�� (14) Failure to fully develop and put to use a certificate issued under this section within five years of issuance invalidates the hydroelectric certificate.

�� (15)(a) If a certificate contains a condition described in subsection (6)(b) of this section for annual payments, the payment shall be collected as provided in paragraph (c) of this subsection. Except as provided in paragraph (b) of this subsection, the annual payment amount must be:

�� (A) Except as provided in subparagraph (D) of this paragraph, for the first five years, four times the base hydropower fee amount assessed for the project under ORS 543.078 for the year.

�� (B) Except as provided in subparagraph (D) of this paragraph, for the 6th through 10th years, eight times the base hydropower fee amount assessed for the project under ORS

ORS 543.990

543.990�� Penalties

GENERAL PROVISIONS

�� 543.010 Definitions for ORS 543.010 to 543.610. As used in ORS 543.010 to 543.610:

�� (1) �Actual original cost� includes the sum paid to the state at the time the application was made for a preliminary permit; the sum paid or secured to be paid to the state by the applicant for license at the time such application was made; such sums as may be paid to the United States or any department thereof; and such sums as shall have been reasonably and prudently expended in preliminary investigations, explorations and organization expenses, as determined by the Water Resources Commission.

�� (2) �Project� means a complete unit, improvement or development. It includes, among other things, power houses, water wheels, conduits or pipes, dams and appurtenant works and structures, storage, diverting or forebay reservoirs connected therewith, and primary lines transmitting power to the point of junction with a distributing system, or with any interconnected primary system, miscellaneous works and structures used in connection with the unit or any part thereof, rights of way, lands, flowage rights and all other properties, rights and structures necessary or appropriate in the use, operation and maintenance of any such unit. [Amended by 1985 c.673 �139; 1995 c.229 �1]

�� 543.012 Applicability of chapter to reauthorization of existing hydroelectric project. (1) Except for the provisions of ORS 543.300, 543.310, 543.430, 543.440, 543.610, 543.650 to 543.685, 543.710,

ORS 543A.060

543A.060 to 543A.410.

�� (11) To the extent that the requirements of this section are preempted by the Federal Power Act or by the laws governing hydroelectric projects located in waters governed jointly by Oregon and another state, federally licensed hydroelectric projects are exempt from the requirements of this section.

�� (12) A person subject to a decision of the commission under this section shall have the right to a contested case hearing according to the applicable provisions of ORS chapter 183. [2001 c.923 �2; 2021 c.63 �6]

�� Note: See note under 509.580.

�� 509.590 Fish Passage Task Force; reports to legislature. (1) The State Fish and Wildlife Director shall establish a Fish Passage Task Force to advise the director and the State Department of Fish and Wildlife on matters related to fish passage in Oregon, including but not limited to funding, cost sharing and prioritization of efforts. The director shall determine the members and the specific duties of the task force by rule.

�� (2) The department shall provide staff necessary for the performance of the functions of the task force.

�� (3) A member of the task force may not receive compensation for services as a member of the task force. In accordance with ORS 292.495, a member of the task force may receive reimbursement for actual and necessary travel or other expenses incurred in the performance of official duties.

�� (4) The task force shall report semiannually to the appropriate legislative committee with responsibility for salmon restoration or species recovery, to advise the committee on matters related to fish passage. [2001 c.923 �3; 2007 c.354 �17]

�� Note: See note under 509.580.

�� 509.592 Task force advice to department regarding project funding; department report on deposits and expenditures. (1) The Fish Passage Task Force established pursuant to ORS 509.590 shall provide advice to the State Department of Fish and Wildlife regarding the projects to be funded and the expenditures to be made from the Fish Passage Restoration Subaccount created under ORS 497.141.

�� (2) The department shall maintain a record of all moneys deposited to or expended from the subaccount. The department shall make an annual report of the deposits and expenditures available to the public on the department�s website. [2013 c.674 �2]

�� Note: 509.592 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 509 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 509.595 Director to report on fish passage rules, adequacy and implementation. The State Fish and Wildlife Director shall report to the Governor, the Speaker of the House of Representatives, the President of the Senate and the appropriate legislative committee with responsibility for salmon restoration or species recovery:

�� (1) Prior to the adoption of rules relating to fish passage;

�� (2) Prior to the establishment of the general criteria for determining the adequacy of fish passage and of alternatives to fish passage required to be established under ORS 509.585 (7)(c); and

�� (3) Semiannually on the progress that the director has made in implementing ORS 509.580 to

ORS 543A.075

543A.075 or 543A.300.

�� (8) �Uncertificated claimant� means a person authorized to operate a hydroelectric project through the means of an uncertificated claim established prior to 1909.

�� (9) �Water right certificant� means a person authorized to operate a hydroelectric project through the means of a time-limited certificated water right. [1999 c.873 �4]

�� 543.078 Annual fee for hydroelectric project. (1) On or before January 1 of each year, each holder shall pay to the State of Oregon an annual fee for each hydroelectric project that is subject to this section. The annual fee required by this section shall be based on the theoretical horsepower specified in the water right for each project.

�� (2) The amount of the annual fee required under subsection (1) of this section shall be determined in the following manner:

�� (a) Subject to the adjustment required under this paragraph, for a project producing more than 123.5 theoretical horsepower each holder shall pay an amount equal to a base rate of $0.687 per theoretical horsepower covered by the water right for the holder�s hydroelectric project. The annual fee may be set forth in the water right or may be established by order of the Water Resources Director. The Water Resources Commission shall annually adjust the fee established in this paragraph based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, using a base date of January 1, 2021. The annual fee also may be adjusted through the periodic review process established in ORS 543.085.

�� (b) Each holder of a hydroelectric project that produces 15 or more theoretical horsepower but not more than 123.5 theoretical horsepower shall pay an annual fee of $50 for that project.

�� (c) Each holder of a hydroelectric project that produces less than 15 theoretical horsepower shall pay an annual fee of $15 for that project.

�� (d) The amount of theoretical horsepower upon which the fees are paid must be computed by multiplying the maximum amount of water appropriated, expressed in cubic feet per second, by the average total fall utilized, expressed in feet, and dividing the number resulting from the multiplication by 8.8.

�� (e) For a project that diverts water from a point on a river that forms a border with another state, the fee computation described in paragraph (d) of this subsection may not use as the maximum amount of water appropriated more than half of the capacity of the project. [1999 c.873 �5; 2021 c.516 �2]

�� 543.080 Project specific fees; summary of project specific expenditures. (1) In addition to the annual fee set forth in ORS 543.078, a holder may be required to pay project specific fees.

�� (2) Project specific fees are fees that compensate a state agency for the agency�s reasonable and necessary oversight of a holder�s implementation of the protection, mitigation and enhancement measures included in a water right for the project, a certificate issued pursuant to ORS 468B.040 or 468B.045 or a Federal Energy Regulatory Commission license.

�� (3) Project specific fees shall be considered at the time of reauthorization or relicensing of a hydroelectric project and, if needed, shall be established before the proposed final order is issued under ORS 543A.115, and shall be included in the reauthorized water right or the certificate issued pursuant to ORS 468B.040 or

ORS 543A.115

543A.115 (2).

�� (8) Water right certificants and licensees with water rights or licenses that expire more than five years after the original federal license for the project expires shall not begin paying fees assessed under this section until after the expiration date of the original state hydroelectric license or water right. [1999 c.873 �9]

�� 543.090 Payment of expenses of Hydroelectric Application Review Team for project operating under federal license and state power claim or uncertificated claim. (1) Any project operating under a hydroelectric license issued by the Federal Energy Regulatory Commission and concurrently operating under the authority of a power claim or uncertificated claim shall pay all expenses related to the review and decision of a Hydroelectric Application Review Team established under ORS 543A.075 that:

�� (a) Are incurred by the team and any agency participating as part of the team in the federal relicensing process; and

�� (b) Are not otherwise covered by a fee described in ORS 543.078.

�� (2) Not later than six years before the expiration of a hydroelectric license issued by the Federal Energy Regulatory Commission to any project operating concurrently under the authority of a power claim or uncertificated claim, the Water Resources Department shall contact the holder to schedule a consultation meeting regarding expected fees to be incurred by the Hydroelectric Application Review Team.

�� (3) Relicensing fees shall be calculated and assessed according to the terms and conditions set forth in ORS 543A.405 and 543A.410 for application fees. [1999 c.873 �10; 2021 c.516 �4]

�� 543.092 Amendment of hydroelectric water right or claim; rules; unilateral amendment of power claim or uncertificated claim to assess project specific fees. (1) Upon the request of the holder and the approval of the Water Resources Department, a hydroelectric water right or claim may be amended.

�� (2) The Water Resources Department shall develop rules governing the process by which a hydroelectric water right or claim may be amended. Any amendments under subsection (1) of this section shall:

�� (a) Be consistent with the final unified state position for the project;

�� (b) Be consistent with the requirements of ORS chapter 543A;

�� (c) Cause no injury to other water rights; and

�� (d) Allow for public participation in the amendment process.

�� (3) The Water Resources Director may unilaterally amend a power claim or uncertificated claim in order to assess project specific fees under ORS 543.080. [1999 c.873 �11]

�� 543.095 Challenges to certain statutes related to hydroelectric projects. (1) As used in this section, �person� has the meaning given that term in ORS 174.100.

�� (2) No person shall be estopped or precluded from challenging the constitutionality or validity of any provision of chapter 449, Oregon Laws 1997, or the provisions of chapter 873, Oregon Laws 1999, as a result of having received or sought benefits under, complied with, paid fees under or filed an application under those statutes, or as a result of having participated in their drafting, enactment or implementation.

�� (3) Nothing in this section shall be construed to imply that a person is estopped or precluded from challenging the validity or constitutionality of any statute as a result of having participated in the drafting, enactment or implementation of the legislation that resulted in the enactment of such statute. [1999 c.873 �29]

�� Note: Legislative Counsel has substituted �chapter 873, Oregon Laws 1999,� for the words �this 1999 Act� in section 29, chapter 873, Oregon Laws 1999, compiled as 543.095. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 1999 Comparative Section Table located in Volume 22 of ORS.

�� Note: 543.095 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 543 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

APPROPRIATION OF WATER FOR POWER; APPLICATION OF LAW

�� 543.110 Appropriation and use of water for power is governed by this chapter. After February 26, 1931, no right to appropriate or to use the waters of the lakes, rivers, streams or other bodies of water within this state, including water over which this state has concurrent jurisdiction, in connection with the development of any water power project for the generation of electricity, shall be initiated, perfected, acquired or held, except for and during the periods or extensions thereof stated in ORS 543.010 to 543.610, and pursuant to the provisions thereof.

�� 543.120 Water power projects to be in conformity with this chapter. After February 26, 1931, no water power project involving the use of the waters of lakes, rivers, streams or other bodies of water within this state, including waters over which this state has concurrent jurisdiction, for the generation of electricity, shall be begun or constructed except in conformity with the provisions of ORS 543.010 to

ORS 545.347

545.347. [Formerly 545.078]

�� 545.347 Obligations or contracts with United States under Fact Finders� Act. The board of directors may also enter into any obligation or contract with the United States for the construction, operation and maintenance of the necessary works for the delivery and distribution of water under the Act of Congress of December 5, 1924, entitled �An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1924, and prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1925, and for other purposes.� In such contract, the board of directors may provide for payment of charges to the United States upon the basis authorized by the Act of Congress of December 5, 1924, commonly known as the �Fact Finders� Act,� and under the rules and regulations that may be promulgated by the Bureau of Reclamation of the United States. [Formerly 545.080]

�� 545.349 Authority to transfer land to federal government for development and colonization; repayment of expenditures; levy of assessments; funds; contracts with federal government. Any irrigation district organized under the laws of Oregon may turn over to the federal government, or any federal agency, any lands owned or controlled by the district, for the purpose of development and colonization by the federal government or federal agency. The irrigation district may levy assessments for repayment to the federal government or federal agency of the sum expended in the development of the lands, with interest on the assessments not to exceed six percent per annum. The district may also assess the lands to cover repayment to the district of its cost, with interest on the assessments not to exceed six percent per annum. The district shall deposit the moneys collected as assessments in the �Bond Fund� account, or the �United States Contract Fund� account, or the �Bond and United States Contract Fund� account, as appropriate. The latter assessments shall be in addition to the assessments which may be levied to meet the reclamation charges, interest on the reclamation charges and maintenance. Irrigation districts may enter into contracts and assume obligations with the federal government or any federal agency, as may be necessary, expedient or desirable to bring about the development of lands in the irrigation district. [Formerly 545.172]

�� 545.351 Acquisition of lands from owners; crediting of value on charge against remainder of land. In order to make the lands available for development by the federal government or any federal agency, as provided in ORS 545.349, any irrigation district may accept from any landowner within the district title to any part of the land of the landowner and allow the landowner credit to the extent of the reasonable value of that land on the reclamation charge against the remainder of the land of the landowner. However, credit shall not be allowed so as to entirely extinguish the reclamation charge against any land in the district, and land shall not be accepted by the district or credit allowed until a contract has been executed by the district and the federal government or some federal agency for development of the lands. [Formerly 545.174]

�� 545.352 [Amended by 1995 c.42 �173; renumbered 545.671 in 1995]

�� 545.354 [Amended by 1995 c.42 �174; renumbered 545.673 in 1995]

�� 545.355 Proceedings on extension or cancellation of payments due federal government. When an irrigation district under contract with the United States has levied any assessment for collection of money payable to the United States under the contract, if the Secretary of the Interior has, by agreement with the board of directors of the district, authorized the extension or cancellation of any payments due the United States by the cancellation of assessments already levied but remaining unpaid, the board of directors shall certify to the tax collector of the county in which the land is located a statement of the year and amounts assessed against each tract for which cancellation has been authorized. The tax collector upon receipt of the certificates shall, if the assessment remains unpaid, indorse upon the district�s assessment roll, �Corrected under certificate of board of directors,� and deduct and cancel from the assessment against each tract the amount of the assessment authorized to be canceled. [Formerly 545.176; 1997 c.170 �51]

�� 545.356 [Amended by 1995 c.42 �175; renumbered 545.675 in 1995]

�� 545.358 [Amended by 1995 c.42 �176; renumbered 545.677 in 1995]

�� 545.359 Contracts with federal government for flood control works. (1) When the board of directors of any irrigation district determines that it is for the best interest of the district that the floodwaters of any stream that enters upon the district or whose waters are used in the irrigating of any of the lands in the district be controlled, the board may enter into a contract with the United States Government, or any of its agencies which may be empowered to construct flood works. The contract shall require the irrigation district:

�� (a) To provide without cost to the United States all lands, easements and rights of way necessary for such control project or works.

�� (b) To hold and save harmless the United States or any of its agencies or officers from loss or damage by reason of the construction of the flood control project and works.

�� (c) To maintain and operate all the works after construction in accordance with any regulations prescribed by the United States or its agencies or officers.

�� (2) The contract shall not be binding upon the district until it has been approved by the legal voters of the district as provided by ORS 545.511 and 545.513 (1). When the contract has been so executed and approved the board shall carry out fully the provisions of the contract. [Formerly 545.178]

�� 545.360 [Amended by 1995 c.42 �177; renumbered 545.679 in 1995]

SALE OF DISTRICT PROPERTY

�� 545.365 Disposition of real property acquired by district; sale to member of board or employee prohibited. Any irrigation district foreclosing or otherwise acquiring any real property may lease, operate or sell the property upon such terms and taking such security for the rental or purchase price as the board of directors may consider advisable. A member of the board of directors or employee of the irrigation district shall not purchase or be interested in any contract for purchase of lands sold by the district. [Formerly 545.142]

�� 545.367 Authorization of sale of property, excess water or hydroelectric power. When the board of directors of an irrigation district considers it to be for the best interests of the district to sell any property owned by the district and not required for district purposes, including excess storage or carrying capacity, surplus water or water rights, or to dispose by contract, lease or sale of any undeveloped hydroelectric power, the board shall adopt and enter in the minutes of its proceedings a resolution stating in substance:

�� (1) A general description of property to be sold.

�� (2) The amount of the excess capacity or surplus water owned by the district and the amount proposed to be sold.

�� (3) That the sale can be made without impairing the security of the outstanding bonds. [Formerly

ORS 552.005

552.005 [Repealed by 1955 c.707 �75]

�� 552.010 [Repealed by 1955 c.707 �75]

GENERAL PROVISIONS

�� 552.013 Definitions. As used in this chapter, except when the context requires otherwise:

�� (1) �County board� means the county court or the board of county commissioners of a county.

�� (2) �District� means a water improvement district proposed or created under this chapter.

�� (3) �District board� means the board of directors of a district.

�� (4) �Engineering plan� means the plans and specifications for the works to be constructed including:

�� (a) Maps, profiles, plans and other data necessary to show the location and character of the work, and the property benefited, taken or damaged;

�� (b) All rights of way or other property which may be required for the construction of the works; and

�� (c) Estimates of the cost of the works and of the benefits and damages which will accrue to each tract of land upon the construction of the works.

�� (5) �Filed for record� means to file a document for recording with the county clerk of each county in which the lands within a district are located.

�� (6) �Land� or �tract of land� means real property, together with improvements thereon, within a district.

�� (7) �Landowner,� �owner,� �owner of land� and �owner in fee� are synonymous and mean a person owning a tract of land situated within a district. The vendee named in a bona fide contract of sale of a tract of land situated within a district shall be considered a landowner to the exclusion of the vendor. When two or more persons own a tract of land as tenants in common or by the entirety, each person shall be regarded as a landowner.

�� (8) �Real market value� means real market value computed in accordance with ORS 308.207.

�� (9) �Works� means dams, storage reservoirs, canals, ditches, dikes, levees, revetments, and all other structures, facilities, improvements and property necessary or convenient for draining land, controlling flood or surface waters, or supplying water for irrigation, domestic supply or other purposes. [1969 c.606 �2; 1983 c.83 �100; 1991 c.459 �428]

�� 552.015 [Amended by 1955 c.707 �71; renumbered 552.025]

�� 552.020 [Repealed by 1969 c.168 �1]

�� 552.025 [Formerly 552.015; repealed by 1969 c.168 �1]

�� 552.105 [Repealed by 1969 c.168 �1]

ORGANIZATION OF DISTRICT

�� 552.108 Creation of water improvement district; purposes; limitation. (1) A water improvement district may be created as provided by this chapter for the purpose of acquiring, purchasing, constructing, improving, operating and maintaining drainage, irrigation, and flood and surface water control works in order to prevent damage and destruction of life and property by floods, to improve the agricultural and other uses of lands and waters, to improve the public health, welfare and safety, to provide domestic or municipal and industrial water supply, to provide water-related recreation and for the purpose of enhancing water pollution control, water quality, and fish and wildlife resources.

�� (2) Nothing in this chapter grants to a district the power to generate, distribute, transmit or sell electricity or to sell water or falling water to any person to generate electricity. [1969 c.606 �3; 1987 c.185 �2]

�� 552.110 [Amended by 1955 c.707 �72; repealed by 1969 c.168 �1]

�� 552.113 Water rights protected; minimum acreage requirement; withdrawal procedure for city or other special districts. (1) This chapter shall not be construed to affect, amend or repeal any other law of Oregon or to affect or impair the vested rights of any person or public body as defined in ORS 174.109 to the use of water or rights in the use of water.

�� (2) A water improvement district formed under this chapter shall include not less than 1,000 acres of land. Lands located within the boundaries of a city, domestic water supply corporation, irrigation district, drainage district or other similar special district providing water for use or water control may be included within the boundaries of a water improvement district without the consent of the city or other district.

�� (3)(a) If any part of a city or other special district is included within the boundaries described in a petition for creation of a district or for annexation of territory to a district, within three days after the petition is filed, the petitioners shall notify the city or other district of the filing of the petition.

�� (b) The city or other district may withdraw the territory within its boundaries from the proposed water improvement district or annexation by describing the area within the city or other district in a resolution and filing the resolution with the county board within 90 days after the filing of the petition. If a withdrawal is so filed, the area within the city or other district shall not be included within the proposal. [1969 c.606 �16; 2003 c.802 �135]

�� 552.115 [Repealed by 1969 c.168 �1]

�� 552.118 Petition contents. In addition to other matters the petition for formation of a district shall include:

�� (1) An estimate of the acreage of land within the district and an estimate of the acreage within each county if the district is located in more than one county; and

�� (2) The maximum rate of any ad valorem tax, if any, that may be levied by the district as permitted by ORS 552.625. [1969 c.606 �4; 1971 c.727 �164; 1991 c.459 �428a]

�� 552.120 [Amended by 1955 c.707 �73; repealed by 1969 c.168 �1]

�� 552.123 [1969 c.606 �5; repealed by 1971 c.727 �203]

�� 552.125 [Repealed by 1969 c.168 �1]

�� 552.128 [1969 c.606 �6; repealed by 1971 c.727 �203]

�� 552.130 [Repealed by 1955 c.707 �75]

�� 552.133 Election on formation. If an election is called on the question of formation, it shall be held on a date specified in ORS 255.345. An order creating a district shall include the maximum rate of any ad valorem tax levy for the district. [1969 c.606 �7; 1971 c.727 �165; 1983 c.350 �299]

�� 552.135 [Repealed by 1969 c.168 �1]

�� 552.138 Status of final order; time for protest. (1) No final order creating a district shall be set aside, or annulled upon appeal or review, on account of any defect or irregularity in the petition asking for organization of the district, or notice of hearings thereon, which does not materially affect the substantial rights of an interested party.

�� (2) No proceeding may be maintained contesting the validity of the creation of a district unless instituted within 90 days after the entry of the final order of the county board. [1969 c.606 �8]

�� 552.140 [Repealed by 1969 c.168 �1]

�� 552.143 Proceedings to test validity of order or act of district board. (1) In addition to the proceeding a district is authorized to bring under ORS 33.710 and 33.720, any landowner or elector of a district may bring a like proceeding in the circuit court of the county where the lands within the district, or the greater portion thereof, are situated, to determine the validity of any order or the performance of any act mentioned in ORS 33.710, for which a contest is by that section provided. In such a proceeding the district board shall be made parties defendant.

�� (2) Service of summons shall be made on the members of the board personally if within the county where the district, or any part thereof, is situated. As to any directors not within the county, service may be had by publication of summons for a like time, and in like manner, as is provided by ORS 33.720. Jurisdiction shall be complete within 10 days after the date of completing publication of notice.

�� (3) The proceeding shall be tried and determined in the same manner as proceedings brought by the district. [1969 c.606 �9]

�� 552.145 [Repealed by 1969 c.168 �1]

�� 552.150 [Repealed by 1969 c.168 �1]

�� 552.155 [Repealed by 1969 c.168 �1]

�� 552.160 [Repealed by 1969 c.168 �1]

�� 552.165 [Repealed by 1969 c.168 �1]

�� 552.170 [Repealed by 1969 c.168 �1]

�� 552.175 [Repealed by 1969 c.168 �1]

�� 552.180 [Repealed by 1969 c.168 �1]

�� 552.185 [Repealed by 1969 c.168 �1]

�� 552.205 [Repealed by 1969 c.168 �1]

BOARD OF DIRECTORS

�� 552.208 Election of first board of directors; number; qualifications; terms; change of number of directors. (1) Electors of a district shall elect a board of directors whose number shall be fixed at five, seven or nine by the county board at the proceedings on formation. Directors shall be owners of land within the district. The directors need not reside within the district.

�� (2) Each director shall be elected for a term of four years except the directors elected on creation of the district. The directors first elected shall determine their terms by lot as follows:

�� (a) If there are nine directors, the terms of four shall expire June 30 next following the first regular district election and the terms of five shall expire June 30 next following the second regular district election.

�� (b) If there are seven directors, the terms of three shall expire June 30 next following the first regular district election and the terms of four shall expire June 30 next following the second regular district election.

�� (c) If there are five directors, the terms of two shall expire June 30 next following the first regular district election and the terms of three shall expire June 30 next following the second regular district election.

�� (3) The board of directors shall fill any vacancy on the board as provided in ORS 198.320.

�� (4) The board or 10 or more landowners may petition the county board to change the number of directors on the district board. If the county board acts favorably on the petition, it shall enter an order which designates the terms of office of the five, seven or nine directors in general accordance with this section so that the number remaining on the district board will be divided into two equal or approximately equal groups as to terms. The change in the number of board members shall take place on July 1 next following the order. [1969 c.606 �17; 1971 c.23 �9; 1971 c.727 �166; 1973 c.796 �69; 1975 c.647 �45; 1983 c.350 �300]

�� 552.210 [Repealed by 1969 c.168 �1]

�� 552.213 [1969 c.606 �18; repealed by 1971 c.647 �149]

�� 552.215 [Repealed by 1969 c.168 �1]

�� 552.218 Organizational meeting; oath; officers; meetings. (1) As soon as possible after an election of directors, the directors shall meet for the purpose of qualifying all persons elected as directors and for the purpose of electing officers of the district. Each director shall qualify by subscribing to an oath of office.

�� (2) The directors shall elect from their number a chairperson and vice chairperson and shall appoint a secretary-treasurer. The officers shall have the authority and duties given to them by the board.

�� (3) The board shall hold meetings as may be necessary or convenient. [1969 c.606 �19; 1971 c.403 �11; 1987 c.185 �3]

�� 552.220 [Repealed by 1969 c.168 �1]

�� 552.223 Duties of district board. A district board shall:

�� (1) Manage and conduct the affairs of the district.

�� (2) Employ and appoint agents and employees, prescribe their duties and fix their compensation.

�� (3) Establish reasonable rules and regulations for the administration of the affairs of the district.

�� (4) Withhold deliveries of water to lands upon which there are delinquent assessments or charges.

�� (5) Establish and maintain funds and accounts for the funds of the district and of any subdistrict.

�� (6) Obtain an annual audit of the books of the district.

�� (7) Fix the location of the principal office of the district at some convenient place within or without the district.

�� (8) Keep a record of all of the proceedings of the district board.

�� (9) Furnish a record book to the county clerk of each county in which lands within the district are located, in which shall be recorded all contracts executed under ORS 552.618 and 552.670, all orders levying assessments and creating subdistricts, and other documents required by law to be recorded. [1969 c.606 �20; 1971 c.23 �10]

�� 552.225 [Repealed by 1969 c.168 �1]

�� 552.228 [1969 c.606 �27; repealed by 1971 c.268 �24]

�� 552.230 [Repealed by 1969 c.168 �1]

�� 552.235 [Repealed by 1969 c.168 �1]

�� 552.240 [Repealed by 1969 c.168 �1]

�� 552.245 [Repealed by 1969 c.168 �1]

�� 552.250 [Repealed by 1969 c.168 �1]

�� 552.255 [Repealed by 1969 c.168 �1]

�� 552.260 [Repealed by 1969 c.168 �1]

�� 552.265 [Repealed by 1969 c.168 �1]

�� 552.270 [Repealed by 1969 c.168 �1]

�� 552.275 [Repealed by 1969 c.168 �1]

�� 552.280 [Repealed by 1969 c.168 �1]

�� 552.285 [Repealed by 1969 c.168 �1]

POWERS OF DISTRICT

�� 552.305 Powers of districts generally. A water improvement district has full power to carry out the objects of its creation and to that end may:

�� (1) Have and use a seal.

�� (2) Have perpetual succession.

�� (3) Sue and be sued in its own name.

�� (4) Acquire by condemnation, purchase, devise, gift or voluntary grant real and personal property or any interest therein, located inside or outside of the boundaries of the district, and take, hold, possess and dispose of real and personal property purchased from, or donated by, the United States, or any state, territory, public body as defined in ORS 174.109 or person for the purpose of aiding in the objects of the district.

�� (5) Enter into intergovernmental agreements under ORS chapter 190 for the construction, preservation, improvement, operation or maintenance of any works.

�� (6) Build, construct, purchase, improve, operate and maintain, subject to other applicable provisions of law, all works necessary or desirable under any engineering plan adopted by the district.

�� (7) Enter into contracts and employ agents, engineers and attorneys.

�� (8) Appropriate and acquire water and water rights and sell, lease and deliver water for irrigation and other purposes both inside and outside the district.

�� (9) Do such other acts or things as may be necessary for the proper exercise of the powers granted to make the greatest beneficial use of the waters of the district. [1969 c.606 �14; 2003 c.802 �136]

�� 552.310 Condemnation. The right to condemn property, pursuant to ORS 552.305 (4), shall include property already devoted to public use, including city, state and county property, which is less necessary than the use for which it is required by the district. In the acquisition of property or rights by condemnation, the board shall proceed in the name of the district under the provisions of the laws of Oregon. However, the right of condemnation may not be exercised against any water right; against land or other property owned by a city supplying domestic water; a public utility as defined by ORS 757.005; against a telecommunications carrier as defined in ORS 133.721; against lands of a domestic water supply district organized under ORS chapter 264, an irrigation district organized under ORS chapter 545, a drainage district organized under ORS chapter 547, a diking district organized under ORS chapter 551 or a corporation for the use and control of water organized under ORS chapter 554; or against property of the State of Oregon for highway purposes. [1969 c.606 �23; 1983 c.740 �216; 1987 c.447 �109; 1999 c.1093 �18]

�� 552.315 Right to enter and survey land. The district board, its officers, agents or employees shall have the right to enter upon any land in the manner provided by ORS 35.220 to make surveys for the purposes of the district. [1969 c.606 �15; 2003 c.477 �9]

�� 552.320 Operation of water works and sale of water; conditions. A water improvement district may:

�� (1) Acquire, construct, reconstruct, equip, own, maintain, operate, sell, lease and dispose of domestic, industrial and municipal water works or systems and property and all appurtenances incident thereto.

�� (2) Furnish water for domestic, industrial and municipal uses to premises and inhabitants within the district, and in connection therewith, may supply, furnish and sell any surplus water storage or carrying capacity over and above the domestic, industrial and municipal needs of its inhabitants to persons or public bodies as defined in ORS 174.109, either within or without the district. However:

�� (a) A district shall not sell, offer to sell, lease or deliver water within a city that is receiving water for any purpose from a public utility as defined by ORS

ORS 59.025

59.025 (1);

�� (I) A federal covered investment adviser in compliance with ORS 59.165 (7);

�� (J) A person, advising others, that has no place of business in this state and during the preceding 12-month period has had fewer than six clients, other than those persons included in subparagraph (F) of this paragraph, who are residents of this state; or

�� (K) Such other persons as the director may by rule or order designate. [1967 c.537 �3; 1971 c.624 �1; 1971 c.641 �1; 1973 c.366 �1; 1975 c.491 �1; 1985 c.349 �1; 1987 c.414 ��69, 69a; 1987 c.603 �1; 1989 c.197 �1; 1991 c.5 �18; 1993 c.158 �1; 1993 c.508 �27; 1993 c.744 �13; 1995 c.93 �26; 1995 c.622 �11; 1997 c.631 �375; 1997 c.772 �1; 1999 c.53 �1; 1999 c.315 �1; 2001 c.104 �14; 2001 c.377 �39a; 2003 c.270 �1; 2007 c.393 �1; 2009 c.259 �20]

�� 59.020 [Repealed by 1967 c.537 �36]

�� 59.025 Securities exempt from registration. The following securities are exempt from ORS 59.049 and 59.055:

�� (1)(a) A security issued or guaranteed by the United States or a state, or by a political subdivision, agency or other instrumentality of the United States or a state.

�� (b) Any other security offered in connection with or as part of a security described in paragraph (a) of this subsection, if the security cannot be severed and sold separately from the security in paragraph (a) of this subsection.

�� (2) A security issued or guaranteed by a foreign government with which the United States is at the time of the sale maintaining diplomatic relations, or by a state, province or political subdivision of the foreign government that has the power of taxation or assessment, if the foreign government, state, province or political subdivision recognizes the security as a valid obligation.

�� (3) A security that represents an interest in or a direct obligation of, or is guaranteed by, a national bank, a federal savings and loan association, a federal credit union, a federal land bank or joint stock land bank or a national farm loan association.

�� (4) Any of the following securities:

�� (a) A security that, at the time the security is issued, is listed or approved for listing on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or any other exchange that the Director of the Department of Consumer and Business Services recognizes by rule;

�� (b) A security that the NASDAQ Stock Market, NASDAQ Options Market or NASDAQ OMX Futures Exchange has designated or approved for designation at the time the security was issued;

�� (c) Any other security issued by a person or entity that issues a security listed or designated under paragraph (a) or (b) of this subsection, if the other security is of senior or substantially equal rank to the listed or designated security;

�� (d) A security issuable under rights or warrants listed or approved under paragraph (a), (b) or (c) of this subsection; or

�� (e) A warrant or right to purchase or subscribe to any security described in paragraph (a), (b), (c) or (d) of this subsection.

�� (5) A security that maintains a rating that the director approves in a recognized securities manual.

�� (6) A security that represents an interest in or a direct obligation of, and that has been or will be issued by, a bank, trust company, savings and loan association or credit union and that is subject to the examination, supervision and control of a regulatory agency of this state.

�� (7) Commercial paper issued, given or acquired in a bona fide way in the ordinary course of legitimate business, trade or commerce, if the commercial paper is not made the subject of a public offering.

�� (8) A security, the issuance of which the Public Utility Commission authorizes, supervises, regulates or controls, if the Public Utility Commission directly or indirectly supervises, regulates or controls the person or entity that issues the security.

�� (9) Stock or membership certificates that an agricultural cooperative corporation or irrigation association issues, if the agricultural cooperative corporation or irrigation association issues the stock or membership certificate as evidence of membership in the cooperative or association, as a patronage dividend or as evidence of a member�s or a patron�s respective interests in reserves or patronage dividends. This exemption does not apply to a cooperative or association that expects to engage in or is engaged in producing, processing or marketing forest products.

�� (10) Stock or membership certificates that a fishing cooperative corporation issues to members of the fishing cooperative corporation either for the purpose of showing membership or for the purpose of showing the members� respective interests in reserves or patronage dividends. For purposes of this subsection, a fishing cooperative corporation is an association of persons engaged commercially in harvesting, marketing or processing products of aquatic life from fresh and salt water, that is formed or operated under ORS chapter 62 with the purpose of commercially harvesting, marketing or processing such products or engaging in group bargaining with respect to the sale of such products.

�� (11) Stock or membership certificates issued by an association of consumers that is formed or operated under ORS chapter 62 with the purpose of providing groceries to the association�s members, if the association issues the stock or certificates to members either for the purpose of showing membership in the association or for the purpose of showing the members� respective interests in patronage dividends or reserves. For purposes of the exemption under this subsection:

�� (a) The price of stock or a membership certificate may not exceed $300.

�� (b) The benefits must be limited to discounts on purchases or patronage dividends, or any combination of discounts and dividends.

�� (c) The association may issue only one stock or membership certificate to an individual.

�� (12) Subject to conditions that the director adopts by rule, stock or membership certificates that a renewable energy cooperative corporation issues to members of the cooperative corporation, if the cooperative corporation issues the stock or certificates to members either to show membership in the cooperative corporation or to show the members� respective interests in or entitlement to assets, reserves or dividends. For the purpose of this subsection, a renewable energy cooperative corporation is an association of persons that is organized as a cooperative corporation under ORS chapter 62 with the purpose of developing and operating facilities to generate electricity from renewable energy resources, as defined in ORS 757.600 (27)(a), (c) and (d), or from a type of energy listed in ORS 469A.025 (1)(c).

�� (13) Any security issued in connection with an employee stock purchase, savings, pension, profit sharing or similar employee benefit plan, provided that:

�� (a) The plan meets the requirements for qualification under section 401 of the Internal Revenue Code of 1986; and

�� (b) The terms of the plan are fair, just and equitable to employees under rules of the director.

�� (14) Any security issued by a person that is:

�� (a) Organized and operated exclusively for a religious, educational, benevolent, fraternal, charitable or reformatory purpose and not for pecuniary profit;

�� (b) Organized or constituted so that the person�s net earnings do not inure to the benefit of any person, private stockholder, or individual; and

�� (c) Designated by rule of the director.

�� (15) Any other security the director exempts by rule. [1967 c.537 �4; 1969 c.688 �1; 1973 c.428 �9; 1975 c.491 �2; 1985 c.193 �1; 1985 c.349 �2a; 1987 c.603 �1a; 1987 c.677 �9; 1989 c.171 �6; 1989 c.197 �2; 1991 c.67 �10; 1993 c.18 �14; 1997 c.772 �2; 2014 c.69 �1; 2023 c.529 �10]

�� 59.030 [Repealed by 1967 c.537 �36]

�� 59.035 Transactions exempt from registration. The following transactions are exempt from ORS 59.049 and 59.055 if they are not part of an attempt to evade fraudulently any provision of the Oregon Securities Law:

�� (1) Any transaction by a sheriff, marshal or court appointed fiduciary.

�� (2) An isolated nonissuer transaction in this state, whether effected through a broker-dealer or not.

�� (3) Any transaction by an issuer in its securities pursuant to a pro rata offering to its existing security holders, if:

�� (a) No commission or remuneration, other than a standby fee, is paid or given directly or indirectly in connection with the transaction; and

�� (b) The issuer has not had an effective registration under the Oregon Securities Law nor has used this exemption within one year prior to the date of the offering or sale.

�� (4) Any offer, sale, transfer or delivery of securities to a bank, savings institution, trust company, insurance company, investment company, pension or profit-sharing trust, or other financial institution or institutional buyer (including but not limited to the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, the United States Department of Veterans Affairs and the Government National Mortgage Association), or to a broker-dealer, mortgage broker or mortgage banker, whether the purchaser is acting for itself or in a fiduciary capacity when the purchaser has discretionary authority to make investment decisions.

�� (5) Any transaction by an offeror with an accredited investor as defined in section 2 (15)(i) or (ii) of the Securities Act of 1933, as amended, or rules of the Director of the Department of Consumer and Business Services, but only if there is no public advertising or general solicitation in connection with the transaction.

�� (6) The issue and delivery of any security in exchange for any other security of the same issuer pursuant to a right of conversion entitling the holder of the security surrendered in exchange to make the conversion without the payment of additional consideration, if the security surrendered was, when issued, convertible and registered or exempt from registration.

�� (7) Any transaction in a vendor�s interest in a land sale contract, or a bond or note secured by a mortgage or trust deed upon real estate, so long as the entire vendor�s interest or mortgage or trust deed, with all the bonds or notes secured thereby, are sold to a single purchaser, in a single sale.

�� (8) Agency or principal sales by licensed broker-dealers, executed upon customers� orders on any exchange or on the over-the-counter market, but not the solicitation of such orders, where there is no intent to avoid the provisions of the Oregon Securities Law and a public offering is not involved. Such broker-dealers shall keep and maintain, for two years from the date of the order, a record of all the sales executed upon customers� orders, giving the name and address of each customer, the name and identity of the security involved, the dates of the sales, the price paid or received for the security, and the commission or other expenses charged to the customer.

�� (9) The offer or sale by a licensed broker-dealer of any security acquired in the ordinary and usual course of business, when such security is a part of an issue which has been registered in whole or in part, if the offer or sale is made in good faith and not directly or indirectly for the benefit of the issuer or for the promotion of any scheme or enterprise effecting a violation or an evasion of any provisions of the Oregon Securities Law, unless:

�� (a) The registration has been revoked or suspended; or

�� (b) The continued sale of the security has been enjoined.

�� (10) The offer or sale by licensed broker-dealer, acting either as principal or agent, of securities theretofore sold and distributed to the public, if the sale meets the requirements of paragraphs (a), (b) and (c) or (a), (b) and (d) of this subsection:

�� (a) Such securities are sold at prices reasonably related to the current market price thereof at the time of sale, and, if such licensed broker-dealer is acting as agent, the commission collected by such licensed broker-dealer on account of the sale thereof is not in excess of usual and customary commissions collected with respect to securities and transactions having comparable characteristics;

�� (b) Such securities do not constitute an unsold allotment to or subscription by such broker-dealer as a participant in the distribution of such securities by the issuer or by or through an underwriter;

�� (c) The issuer is listed in any recognized securities manual approved by rule by the director, and the listing contains the names of the issuer�s officers and directors, a balance sheet of the issuer as of a date not more than 18 months prior to the date of such sale, and a profit and loss statement for either the fiscal year preceding the date of the balance sheet or the most recent year of operations; and

�� (d) The securities are authorized for quotation on a nationwide automated quotations system approved by rule or order of the director.

�� (11) An offer, but not the sale, of a security meeting either of the following descriptions:

�� (a) A security for which registration statements have been filed under both the Oregon Securities Law and the Securities Act of 1933, as amended, if no stop or refusal order or order under ORS 59.105 is in effect and no public proceeding or examination looking toward such an order is pending. However, an offer for such a security may not be accepted until the securities have been registered as provided in the Oregon Securities Law.

�� (b) A security for which a registration statement has been filed under the Oregon Securities Law and the offer is allowed by the director. However, an offer for such a security may not be accepted until the securities have been registered as provided in the Oregon Securities Law.

�� (12)(a) Any transactions in securities by an offeror within or without this state that meet all of the requirements of subparagraph (A) or (B) of this paragraph and all of the requirements of subparagraphs (C), (D) and (E) of this paragraph:

�� (A) When the offeror is an issuer, the transactions result in not more than 10 purchasers within this state of securities of the issuer during any 12 consecutive months.

�� (B) When the offeror is a nonissuer the securities must have been bought and held for at least 12 consecutive months and the transactions result in not more than 10 purchasers within this state of securities from the nonissuer during any 12 consecutive months.

�� (C) No commission or other remuneration is paid or given directly or indirectly in connection with the offer or sale of the securities.

�� (D) No public advertising or general solicitation is used in connection with any transaction under this exemption.

�� (E) At the time of any transaction under this exemption the offeror does not have under the Oregon Securities Law an application for registration or an effective registration of securities which are part of the same offering.

�� (b) In connection with transactions under paragraph (a) of this subsection:

�� (A) Purchasers of securities of the offeror registered under ORS 59.065, exempt under ORS 59.025, exempt under any other subsection of this section, or for which a notice has been filed under ORS 59.049, are not counted as purchasers under this exemption.

�� (B) Repeat transactions with persons who are counted as purchasers within Oregon under paragraph (a) of this subsection do not increase the number of purchasers. However, a purchaser remains a purchaser for 12 months following the month of the last sale to that purchaser.

�� (C) No limitations are placed on the number of transactions or purchasers without this state. No limitations are placed on the number of offers under this exemption.

�� (13) A transaction with security holders, pursuant to a statutory vote by such security holders on a merger, consolidation, partial or complete liquidation, reclassification of securities, plan of exchange or sale of assets, in consideration of the issuance of securities of another issuer.

�� (14) Capital stock issued by a professional corporation organized under ORS chapter 58.

�� (15) Any other transaction exempted by rule of the director. [1967 c.537 �5; 1971 c.624 �2; 1973 c.823 ��91,156; 1985 c.349 �3; 1987 c.603 �2; 1989 c.197 �3; 1991 c.67 �11; 1997 c.772 �3; 2001 c.32 �1]

�� 59.045 Authority of director to deny, withdraw or condition exemptions. (1) The Director of the Department of Consumer and Business Services may by rule or order, as to any security or any type of security transaction:

�� (a) Deny, withdraw or condition the exemptions allowed by ORS 59.025 and 59.035 if, in the director�s opinion, the further sale of the security in this state would work a fraud or imposition upon the purchaser.

�� (b) Waive the conditions of ORS 59.035 (3)(b) and (12)(a)(B).

�� (c) Provide which exemptions may or may not be used in connection with other exemptions or provide procedures for determining which offerings are or are not integrated with other offerings within the same or other exemptions.

�� (2) The director may by order withdraw, condition or deny the use of any exemption by a person if the director has reason to believe that the person has engaged in or is about to engage in an act or practice constituting a violation of the Oregon Securities Law or that the use of any exemption by that person would work a fraud or imposition on purchasers.

�� (3) No person shall be liable under the Oregon Securities Law by reason of the withdrawal of an exemption under this section if that person sustains the burden of proof that that person did not know, and in the exercise of reasonable care could not have known of the withdrawal. [1967 c.537 �6; 1973 c.366 �3; 1985 c.349 �4]

�� 59.047 [1981 c.292 �2; 1985 c.349 �5; repealed by 1987 c.603 �30]

�� 59.049 Federal covered securities exempt from registration; notice filings; fees; rules. Federal covered securities may be offered and sold in this state without registration, subject to the following:

�� (1) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(2) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the Director of the Department of Consumer and Business Services. In lieu of the notice, an issuer may file a copy of its registration statement as filed with the Securities and Exchange Commission together with fees required under this subsection. The form of notice shall be prescribed by the director. The director shall set the amount of the fee by rule. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.

�� (2) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(3) or (4), other than section 18(b)(4)(D), of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director. The form of notice shall be prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.

�� (3) Unless otherwise exempt from registration under ORS 59.025 or 59.035, any federal covered security that is subject to section 18(b)(4)(D) of the Securities Act of 1933, as amended, may be offered and sold only upon a filing of a notice with, and the payment of the required fee to, the director, not later than 15 days after the first sale of such federal covered security in this state. The notice shall be filed on Securities and Exchange Commission Form D or on a form of notice prescribed by the director. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities which are to be offered in this state. The fee is not refundable. The effective date of the notice is the later of the date the notice is received by the director or the date specified by the filer of the notice.

�� (4)(a) The director shall set the fees described in subsections (1) to (3) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.

�� (b) The director may adjust the amount of a fee described in subsections (1) to (3) of this section every two years to reflect changes in the national midpoint for a similar fee.

�� (c) In determining the national midpoint for similar fees under this section, the director may consider national midpoints determined by the North American Securities Administrators Association, the National Association of Securities Dealers or the United States Securities and Exchange Commission.

�� (5) The director may issue an order suspending the offer and sale of a federal covered security if the director finds that there is a failure to comply with any requirement under this section.

�� (6)(a) The filer of a notice under subsections (1) to (3) of this section shall amend the notice when there is a change in the name of the offering or, in the case of offerings for which notice is filed pursuant to subsection (2) or (3) of this section, when there is an increase in the aggregate price of the securities which are to be offered in this state. There is no fee required for an amendment that does not increase the aggregate offering amount. Notices amending the aggregate offering amount shall include the fee calculated in accordance with subsection (2) or (3) of this section, less amounts previously paid under the prior notice filing, but the fee may not be less than $100. The fee is not refundable.

�� (b) If an issuer or person sells federal covered securities in this state for a price in excess of the aggregate price for which fees were initially paid under this section, the seller shall pay a fee of three times the difference between the initial fee paid and the fee required under this section for the federal covered securities sold in this state. The additional fee may not be less than $100. The fee is not refundable.

�� (7) The director, by rule or otherwise, may waive any or all of the provisions of this section. [1997 c.772 �6; 2001 c.104 �15; 2003 c.270 �2; 2003 c.785 �1]

�� 59.050 [1981 c.292 �3; 1985 c.349 �6; repealed by 1987 c.603 �30]

�� 59.051 Statutory references to federal law. References in ORS 59.005 to 59.505, 59.991 and 59.995 to federal statutes or federal regulations shall be construed to refer to those statutes or regulations as they are in effect on April 19, 1999. [1999 c.53 �8]

�� 59.052 [1981 c.292 �4; 1985 c.349 �7; repealed by 1987 c.603 �30]

(Registration of Securities)

�� 59.055 Conditions of offer and sale of securities. It is unlawful for any person to offer or sell any security in this state, unless:

�� (1) The security is registered and the offer or sale is not in violation of any rule or order of the Director of the Department of Consumer and Business Services or any condition, limitation or restriction imposed by the director upon such registration;

�� (2) The security is exempt under ORS 59.025 or the sale is exempt under ORS 59.035; or

�� (3) The security is a federal covered security for which a notice has been filed and fees have been paid under ORS 59.049. [1967 c.537 �7; 1997 c.772 �4]

�� 59.065 Registration procedures; application; fees; rules. (1) The Director of the Department of Consumer and Business Services by rule shall establish procedures for registering securities. The director may coordinate registration in this state with any federal securities Act or national registration system.

�� (2) Every registration application submitted shall be accompanied by a fee. The director shall set the fee by rule in an amount per $1,000 of the aggregate price of the securities that are to be offered in this state. The fee is not refundable.

�� (3)(a) The director shall set the fee described in subsection (2) of this section in an amount that the director determines is equal as nearly as possible to the national midpoint for similar fees charged by all other state regulatory agencies within the United States responsible for regulating securities.

�� (b) The director may adjust the amount of the fee described in subsection (2) of this section every two years to reflect changes in the national midpoint for a similar fee.

�� (4) If a registrant sells securities in Oregon in excess of the quantity registered or for a price in excess of the aggregate price for which fees were initially paid, the registrant may obtain registration of the excess securities by paying three times the difference between the initial fee paid and the fee required under subsection (2) of this section for the securities sold in Oregon. The additional fee may not be less than $100. Registration of the excess securities shall be effective retroactively to the date of sale. [1967 c.537 �8; 1973 c.366 �4; 1985 c.349 �8; 1987 c.603 �3; 1997 c.772 �7; 2003 c.270 �3; 2003 c.785 �2]

�� 59.070 Amended registration application; when required; fees. (1) A registrant under ORS 59.065 shall amend the registration application submitted under ORS 59.065 when there are material changes in the terms and conditions of the original registration. �Material changes in the terms and conditions of the original registration� includes an increase in the aggregate amount of securities to be offered in Oregon, change in the type of securities or change in the identity of the issuer or owner.

�� (2) Applications for an amendment to increase the aggregate amount of securities to be offered in Oregon shall include the fee calculated in accordance with ORS 59.065 (2), less amounts previously paid under the prior registration. The fee may not be less than $100.

�� (3) This section does not relieve a registrant from the obligation to notify the director concerning material changes in facts and circumstances concerning the offering. [1985 c.349 �10; 1987 c.603 �4; 2003 c.785 �3]

�� 59.075 Registration by director; expiration; renewal; fee; rules. (1) The Director of the Department of Consumer and Business Services shall register the securities unless the director finds that registration should be denied on one or more of the grounds specified in ORS 59.105. The securities may thereafter be sold in accordance with the registration and any conditions, limitations or restrictions imposed by the director.

�� (2) Every registration of securities and every notice filed under ORS 59.049 shall expire one year after the date of the registration or effective date of the notice. The director may establish a different expiration date for purposes of coordination with any national registration or notice filing system. When a registration or notice filing is amended, the registration or notice filing expires one year after the date of the initial registration or effective date of the notice filing unless the amended registration or notice filing provides otherwise.

�� (3) The director by rule shall establish procedures for renewing registrations of securities and notice filings.

�� (4) Every renewal application and every renewal of a notice filing shall be accompanied by a fee computed in accordance with ORS 59.049 or ORS 59.065 (2), as applicable. The fee is not refundable.

�� (5) If the director finds that no ground for suspension or revocation of the registration exists under ORS 59.105, the director shall renew the registration, subject to any conditions, limitations and restrictions imposed by the director. The renewed registration or notice filing shall expire one year after the date of expiration of the original registration, or effective date of the notice filing or last renewal thereof. The director may establish a different expiration date for purposes of coordination with any national registration or notice filing system. [1967 c.537 �9; 1985 c.349 �12; 1987 c.603 �5; 1997 c.772 �8]

�� 59.078 [1973 c.366 �8; repealed by 1987 c.603 �30]

�� 59.085 Conditions imposed on registration. The Director of the Department of Consumer and Business Services may, by rule or order, impose on a registration such conditions, limitations and restrictions as the director deems appropriate to make the issue fair, just and equitable, including the following:

�� (1) That a prospectus containing any designated part of the information submitted in connection with registration be sent or given to each person to whom a security is offered or sold.

�� (2) That the security be sold only on a specified form of subscription or sale contract and that a signed or conformed copy of each contract be filed with the director or preserved for a period up to three years specified in the rule or order.

�� (3) That any of the following be deposited in escrow on terms approved by the director:

�� (a) Any security issued or to be issued for a consideration substantially different from the public offering price or for a consideration other than cash.

�� (b) The proceeds from the sale of the security until the issuer receives an amount specified by the director. [1967 c.537 �10]

�� 59.095 Approval of plan to issue securities in exchange for other securities, claims or property. (1) The proponents of a plan pursuant to which a security is to be issued in exchange for one or more bona fide outstanding securities, claims or property interests, or partly in such exchange and partly for cash, except a security the issuance of which is under supervision, regulation or control by the Public Utility Commission of this state, may request approval of such plan by the Director of the Department of Consumer and Business Services.

�� (2) The request for approval shall be made by filing a registration statement, as provided in ORS 59.065, with a detailed statement of the plan. The director shall set the plan down for hearing and require the proponents of the plan to give notice of the hearing to all persons to whom securities are to be issued in such exchange. All such persons shall have the right to appear at the hearing.

�� (3) The director shall, after the hearing, consider the fairness of the terms and conditions of the plan, and, if the director finds that the plan is fair, just and equitable and free from fraud, shall approve it, subject to such conditions, limitations and restrictions as the director may impose. If the director finds that the plan is unfair, unjust or inequitable or not free from fraud, the director shall deny the request, and give notice of the denial, at the expense of the proponents, to all persons who were entitled to receive or received notice of the hearing. [1967 c.537 �11]

�� 59.105 Denial, suspension or revocation of registration. (1) Except as provided in subsection (2) of this section, the Director of the Department of Consumer and Business Services may by order deny, suspend or revoke any registration, if the director finds that:

�� (a) The proposed plan of business of the issuer, the characteristics and terms of sale of the securities to be sold, or the proposed methods of sale and distribution are unfair, unjust or inequitable;

�� (b) The issuer is insolvent or in unsound financial condition;

�� (c) The applicant, registrant or issuer has violated any of the provisions of the Oregon Securities Law, or any rule or order of the director of which the applicant, registrant or issuer had notice;

�� (d) The applicant, registrant or issuer has been or is engaged or is about to engage in dishonest or fraudulent conduct with regard to securities;

�� (e) The applicant, registrant, or issuer has been convicted of a misdemeanor, an essential element of which is fraud, or of a felony;

�� (f) The applicant, registrant or issuer has knowingly made or caused to be made to the director any false representation of a material fact, or has suppressed or withheld from the director any material information;

�� (g) The applicant, registrant or issuer has refused to permit an examination to be made by the director, or has failed to file any report, including any certified financial report, or furnish any information required by the director in connection with the Oregon Securities Law; or

�� (h) Unreasonable amounts or kinds of commissions or other remunerations, promoter�s profits or participation or unreasonable options have been or are to be given or allowed directly or indirectly in connection with the sale or distribution of the securities.

�� (2) The director may enter an order against the applicant, registrant or issuer under subsection (1) of this section if any partner, officer or director of an applicant, registrant or issuer, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling the applicant, registrant or issuer has been guilty of any act or omission which would be cause for denying, suspending or revoking the registration of an individual applicant, registrant or issuer, except:

�� (a) This subsection shall not apply to subsection (1)(a) and (b) of this section.

�� (b) The director may not enter an order suspending or revoking a registration under this subsection, pursuant to subsection (1)(e) of this section, without 10 days� prior written notice to the registrant. [1967 c.537 �12; 1989 c.197 �4]

�� 59.110 [Amended by 1953 c.690 �3; 1955 c.201 �1; 1957 c.47 �1; 1963 c.244 �1; 1965 c.241 �2; repealed by 1967 c.537 �36]

�� 59.115 Liability in connection with sale or successful solicitation of sale of securities; recovery by purchaser; limitations on proceeding; attorney fees. (1) A person is liable as provided in subsection (2) of this section to a purchaser of a security if the person:

�� (a) Sells or successfully solicits the sale of a security, other than a federal covered security, in violation of the Oregon Securities Law or of any condition, limitation or restriction imposed upon a registration or license under the Oregon Securities Law; or

�� (b) Sells or successfully solicits the sale of a security in violation of ORS 59.135 (1) or (3) or by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading (the buyer not knowing of the untruth or omission), and who does not sustain the burden of proof that the person did not know, and in the exercise of reasonable care could not have known, of the untruth or omission.

�� (2) The purchaser may recover:

�� (a) Upon tender of the security, the consideration paid for the security, and interest from the date of payment equal to the greater of the rate of interest specified in ORS

ORS 60.654

60.654 or 65.654 or again incorporated following dissolution. The association automatically continues and, without any further action by incorporators, directors or officers that may otherwise be required under Oregon corporation laws:

�� (A) The incorporated association has all of the property, powers and obligations of the association that existed immediately prior to incorporation in addition to the powers and obligations under Oregon corporation laws.

�� (B) The bylaws in effect immediately prior to incorporation or reinstatement constitute the bylaws of the incorporated association.

�� (C) The members of the board of directors and the officers continue to serve as directors and officers.

�� (g) If an incorporated association is at any time dissolved, whether inadvertently or deliberately:

�� (A) The association continues as an unincorporated association under the same name.

�� (B) The unincorporated association has all of the property, powers and obligations of the incorporated association existing immediately prior to dissolution.

�� (C) The unincorporated association is governed by the bylaws, and to the extent applicable, the articles of incorporation of the incorporated association.

�� (D) The board of directors and the officers serving immediately prior to the dissolution continue to serve as the directors and officers of the unincorporated association.

�� (2) Membership in the association of unit owners is limited to unit owners.

�� (3) The affairs of the association are governed by a board of directors as provided for in the bylaws adopted under ORS 100.410.

�� (4) Subject to the provisions of the condominium�s declaration and bylaws, and whether or not the association is unincorporated, the association may:

�� (a) Adopt and amend bylaws and rules and regulations;

�� (b) Adopt and amend budgets for revenues, expenditures and reserves and levy and collect assessments for common expenses from unit owners;

�� (c) Hire and terminate managing agents and other employees, agents and independent contractors;

�� (d) Defend against any claims, proceedings or actions brought against it;

�� (e) Subject to subsection (11) of this section, initiate or intervene in litigation or administrative proceedings in its own name, and without joining the individual unit owners, in the following:

�� (A) Matters relating to the collection of assessments and the enforcement of declarations and bylaws;

�� (B) Matters arising out of contracts to which the association is a party;

�� (C) Actions seeking equitable or other nonmonetary relief regarding matters that affect the common interests of the unit owners, including but not limited to the abatement of nuisance;

�� (D) Matters relating to or affecting common elements, including but not limited to actions for damage, destruction, impairment or loss of use of any common element;

�� (E) Matters relating to or affecting the units or interests of unit owners including but not limited to damage, destruction, impairment or loss of use of a unit or portion thereof, if:

�� (i) Resulting from a nuisance or a defect in or damage to a common element; or

�� (ii) Required to facilitate repair to any common element; and

�� (F) Any other matter to which the association has standing under law or pursuant to the declaration, bylaws or any articles of incorporation;

�� (f) Make contracts and incur liabilities;

�� (g) Regulate the use, maintenance, repair, replacement and modification of common elements;

�� (h) Cause additional improvement to be made as a part of the common elements;

�� (i) Acquire by purchase, lease, devise, gift or voluntary grant real or personal property or any interest therein and take, hold, possess and convey real or personal property or any interest therein;

�� (j) Impose and receive any payments, fees or charges for the use, rental or operation of the common elements;

�� (k) Impose charges for late payments of assessments, attorney fees for collection of assessments and, after giving written notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws and rules and regulations of the association, provided that the charge imposed or fine levied by the association is based:

�� (A) On a schedule contained in the declaration or bylaws, or an amendment to either that is delivered to each unit, mailed to the mailing address of each unit or mailed to the mailing addresses designated in writing by the owners; or

�� (B) On a resolution adopted by the board of directors or the association that is delivered to each unit, mailed to the mailing address of each unit or mailed to the mailing addresses designated by the owners in writing;

�� (L) Adopt rules regarding the termination of utility services paid for out of assessments of the association and access to and use of recreational and service facilities available to unit owners that must provide for written notice and an opportunity to be heard before the association may terminate the rights of any owners to receive such benefits or services until the correction of any violation covered by the rule has occurred;

�� (m) Impose reasonable charges for the preparation and recordation of amendments to the declaration or statements of assessments;

�� (n) Assign its right to future income, including the right to receive common expense assessments;

�� (o) Provide for the indemnification of its officers and executive board, as may be limited by ORS 61.218 (3)(d) (1987 Replacement Part), and maintain directors� and officers� liability insurance;

�� (p) Exercise any other powers conferred by the declaration or bylaws;

�� (q) Exercise all other powers that may be exercised in this state by any such association; and

�� (r) Exercise any other powers determined by the association to be necessary and proper for the governance and operation of the association.

�� (5) Subject to subsection (6) of this section, unless expressly limited or prohibited by the declaration, the association has the authority to grant, execute, acknowledge and deliver on behalf of the unit owners leases, easements, rights of way, licenses and other similar interests affecting the general common elements and consent to vacation of roadways within and adjacent to the condominium.

�� (6)(a)(A) Except as provided in subparagraph (B) of this paragraph, the granting of a lease, easement, right of way, license or other similar interest pursuant to subsection (5) of this section must first be approved by at least 75 percent of owners present at a meeting of the association or with the consent of at least 75 percent of all owners solicited by any means the board of directors determines is reasonable. If a meeting is held to conduct the vote, the meeting notice must include a statement that the approval of the grant will be an item of business on the agenda of the meeting.

�� (B) Unless the declaration otherwise provides:

�� (i) The granting of a lease, easement, right of way, license or other similar interest affecting the general common elements for a term of two years or less shall require the approval of a majority of the board of directors.

�� (ii) The granting of a lease, easement, right of way, license or other similar interest affecting the general common elements for a term of more than two years to a public body, as defined in ORS 174.109, to a utility, to a communications company or to any other person for installation and maintenance of power, gas, electric, water or other utility and communication lines and services requires the approval of a majority of the board of directors.

�� (iii) The granting of a lease, easement, license or other similar interest to an owner for the exclusive use of a part of the general common elements to which the owner�s unit provides primary access requires the approval of a majority of the board of directors. If the approval by the board of directors includes the right of the owner to make improvements to the general common elements to which the owner is being granted exclusive use, ORS 100.535 applies to the general common elements to the same extent that ORS 100.535 applies to a unit, including the right of the board under ORS 100.535 to require an owner, at owner�s expense, to submit an opinion of a registered architect or registered professional engineer that the proposed improvement will not impair the structural integrity or mechanical systems of the condominium.

�� (b) Unless the declaration otherwise provides, the consent to vacation of roadways within and adjacent to the condominium must be approved first by at least a majority of unit owners present and voting at a meeting of the association or with consent of at least a majority of all owners solicited by any means the board of directors determines is reasonable. If a meeting is held to conduct the vote, the meeting notice must include a statement that the roadway vacation will be an item of business on the agenda of the meeting.

�� (7) The instrument granting an interest or consent pursuant to subsection (5) of this section must be executed by the association and acknowledged and shall state that such grant or consent was approved, if appropriate, by at least the percent of owners required under subsection (6) of this section.

�� (8)(a) Unless expressly prohibited by the declaration, any action permitted under subsections (5) and (6) of this section regarding a general common element may be taken with respect to any limited common element as provided in this subsection.

�� (b) Except as provided in paragraph (c) of this subsection, the easement, lease or other action under this section requires the approval or consent of the owner of the unit to which the use of the limited common element is reserved and the holder of a first mortgage or first trust deed affecting the unit. However, if the use of the limited common element is reserved for five or more units:

�� (A) When the action is for more than two years, the owners of 75 percent of the units to which the use of the limited common element is reserved must approve or consent.

�� (B) When the action is for two years or less, the owners of a majority of the units to which the use of the limited common element is reserved must approve or consent.

�� (c) The instrument granting an interest or consent under this section must:

�� (A) Be executed by the association and acknowledged.

�� (B) State that the grant or consent is given pursuant to this subsection.

�� (C) Include a certification executed by the association stating that the action was approved by the owners in accordance with this subsection.

�� (9) Except as otherwise provided in the association�s declaration or bylaws, the board of directors of the association may modify, close, remove, eliminate or discontinue the use of a general common element facility or improvement or portion of the common element landscaping, regardless of whether such facility, improvement or landscaping is mentioned in the declaration or shown on the plat provided that:

�� (a) This subsection does not limit the authority of the board of directors, in its discretion, to seek approval of such modification, closure, removal, elimination or discontinuance by the unit owners; and

�� (b) Modification, closure, removal, elimination or discontinuance other than on a temporary basis of any swimming pool, spa or recreation or community building must be approved by at least a majority of the unit owners voting on such matter at a meeting or by written ballot held in accordance with the declaration, bylaws or ORS

ORS 618.065

618.065 [Formerly 618.750; repealed by 1973 c.293 �55]

�� 618.066 Department investigation of alleged weights and measures law violations; exempt devices. (1) The State Department of Agriculture shall investigate complaints made to it concerning violations of ORS 618.010 to 618.246 and, upon its own initiative, shall conduct such investigations as it considers appropriate to develop information relating to prevailing procedures in commercial quantity determination and relating to possible violations of ORS 618.010 to 618.246, and in order to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.

�� (2) ORS 618.010 to 618.246 do not apply to meters for the measurement of electricity, gas or water when operated in a system of a public utility, as defined in ORS 757.005, or to any associated appliances or accessories. [1973 c.293 �9; 2005 c.22 �420; 2007 c.71 �187]

ORS 618.995

618.995�� Civil penalties

GENERAL PROVISIONS

�� 618.010 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Advertising� or �advertisement� means any public notice or announcement of commodities for sale, services to be performed, equipment or facilities for hire, or any other thing offered to the public, via publishing or broadcasting media or by signs, banners, posters, handbills, labels or similar devices, for the purpose of inducing, directly or indirectly, the purchase or use of such commodities, services, equipment or facilities.

�� (2) �Commercial� or �commercially used� means any application or use in connection with or related to transactions in which, in exchange for commodities received or services rendered, consideration is given in terms of currency, negotiable instruments, credit, merchandise or any other thing of value.

�� (3) �Commodity� means any merchandise, product or substance produced or distributed for sale to, or use by, others.

�� (4) �Commodity in bulk form� means any quantity of a commodity that is not a commodity in package form.

�� (5) �Commodity in package form� means any quantity of a commodity put up or packaged in any manner in advance of sale, in units suitable for either wholesale or retail sale by weight, volume, measure or count, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of ORS 618.010 to 618.246. An individual item or lot of any commodity not in package form as defined in this subsection, but on which there is marked a selling price based on an established price per unit of weight or of measure, is a commodity in package form.

�� (6) �Department� means the State Department of Agriculture.

�� (7) �Director� means the Director of Agriculture.

�� (8) �Inspector� means any state officer or employee designated by the director as a supervisor of, or an inspector of, weights and measures.

�� (9) �Intrastate commerce� means any and all commerce or trade begun, carried on and completed wholly within the limits of this state.

�� (10) �Introduced into intrastate commerce� means the time and place at which the first sale and delivery of a commodity is made within this state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

�� (11) �Liquid-fuel measuring device� means any meter, pump, tank, gage or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low-viscosity heating oil.

�� (12) �National Institute of Standards and Technology� means the National Institute of Standards and Technology of the Department of Commerce of the United States.

�� (13) �Sale� and �sell� include barter and exchange.

�� (14) �Security seal� means a lead-and-wire seal, or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.

�� (15) �Vehicle� means any wheeled conveyance in, upon or by which any property, livestock or commodity is or may be transported or drawn, but does not include railroad rolling stock.

�� (16) �Weighing device� means any scale, balance or apparatus used for gravimetrically determining the quantity of any commodity on a discrete or continuous basis.

�� (17) �Weights and measures� means all weights and measures, instruments and devices of every kind for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. However, �weights and measures� does not include meters for the measurement of electricity, gas or water when operated in a system of a public utility, as that term is defined in ORS

ORS 62.131

62.131, the Secretary of State shall reserve the name for the applicant for a 120-day period.

�� (3) A person may transfer the reservation of a corporate name to another person by delivering to the Office of Secretary of State a notice of the transfer executed by the person for whom the name was reserved and specifying the name and address of the transferee. [1969 c.364 �2; 1987 c.94 �79]

�� 62.130 [Repealed by 1957 c.716 �76]

�� 62.131 Cooperative name. (1) The name of a cooperative shall be written in the English language and may include Arabic and Roman numerals and incidental punctuation.

�� (2) The name of a cooperative shall be distinguishable upon the records of the Office of Secretary of State from any other corporate name, professional corporate name, nonprofit corporate name, cooperative name, limited partnership name, reserved name, registered corporate name or assumed business name of active record with the Office of Secretary of State.

�� (3) The name of a cooperative need not satisfy the requirement of subsection (2) of this section if the applicant delivers to the Office of Secretary of State a certified copy of a final judgment of a court of competent jurisdiction that finds that the applicant has a prior or concurrent right to use the cooperative name in this state.

�� (4) The provisions of this section do not prohibit a cooperative from transacting business under an assumed business name.

�� (5) The provisions of this section do not:

�� (a) Abrogate or limit the law governing unfair competition or unfair trade practices.

�� (b) Derogate from the common law, the principles of equity or the statutes of this state or of the United States with respect to the right to acquire and protect trade names. [1987 c.94 �84]

�� 62.135 Bylaws. The initial bylaws of a cooperative shall be adopted by its board of directors. Power to alter, amend or repeal the bylaws or adopt new bylaws is vested in the members of the cooperative. Bylaws may contain any provisions for the regulation and management of the affairs of the cooperative not inconsistent with law or the articles. [1957 c.716 �8]

�� 62.140 [Repealed by 1957 c.716 �76]

�� 62.145 Membership. (1) Membership in a cooperative is conditioned on ownership of a share of membership stock or payment of a membership fee as set forth in the articles. If the articles so provide, the bylaws may authorize a procedure by which the membership fee initially stated in the articles pursuant to ORS 62.513 (1)(c) may be changed without filing amended or restated articles. The bylaws of a cooperative may authorize membership conditioned upon payment of part of the membership fee or payment for part of the membership stock subscribed for and compliance with an agreement to pay the balance.

�� (2) Qualifications for membership and method of acceptance of members shall be as set forth in the bylaws of the cooperative.

�� (3) Bylaws may provide for termination of membership and the conditions and terms thereof. [1957 c.716 �9; 1995 c.195 �2]

�� 62.150 [Repealed by 1957 c.716 �76]

�� 62.155 Registered office and registered agent; service of process on cooperative. (1) A cooperative shall have and continuously maintain in this state:

�� (a) A registered office that may be, but need not be, the same as the cooperative�s place of business. The registered office must be located at a physical street address where process may be personally served on the registered agent. The registered office may not be a commercial mail receiving agency, a mail forwarding business or a virtual office.

�� (b) A registered agent that must be:

�� (A) An individual who resides in this state and whose business office is identical to the registered office;

�� (B) A domestic corporation, domestic limited liability company, domestic professional corporation or domestic nonprofit corporation that has a business office identical to the registered office; or

�� (C) A foreign corporation, foreign limited liability company, foreign professional corporation or foreign nonprofit corporation that is authorized to transact business in this state and that has a business office identical to the registered office.

�� (2) A cooperative may change the cooperative�s registered office or registered agent in accordance with the procedure set forth in ORS 60.114.

�� (3) A person that a cooperative has designated as the cooperative�s registered agent may resign in accordance with the procedure set forth in ORS 60.117.

�� (4) A registered agent appointed by a cooperative is an agent of the cooperative upon whom any process, notice or demand required or permitted by law to be served upon the cooperative may be served.

�� (5) The provisions of ORS 60.121 are applicable to cooperatives. [1957 c.716 �10; 1987 c.94 �80; 2001 c.315 �26; 2013 c.158 �24; 2017 c.705 �17]

�� 62.160 [Repealed by 1957 c.716 �76]

�� 62.165 Actions in excess of authority. No act and no transfer of property to or by a cooperative is invalid because in excess of the cooperative�s power to do such act or make or receive such transfer, except that such lack of power may be asserted in a proceeding by:

�� (1) A member, shareholder or director against the cooperative to enjoin any act or transfer of property to or by the cooperative. If the unauthorized acts or transfer sought to be enjoined are being, or are to be, performed or made pursuant to any contract to which the cooperative is a party, the court may, if all of the parties to the contract are parties to the proceeding and if it deems the same to be equitable, set aside and enjoin the performance of the contract, and in so doing may allow to the cooperative or to the other parties to the contract, as the case may be, compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and enjoining the performance of the contract but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained.

�� (2) A cooperative, its legal representative, or through its members or shareholders in a representative suit, against the officers or directors or former officers or directors of the cooperative.

�� (3) The Attorney General against the cooperative in an action to dissolve the cooperative or to enjoin it from the transaction of unauthorized business. [1957 c.716 �11]

�� 62.170 [Repealed by 1957 c.716 �76]

�� 62.175 Capital stock; membership stock. (1) Any cooperative, including a cooperative which requires a membership fee rather than the holding of membership stock as a prerequisite of membership, has power to issue the number of shares of capital stock stated in its articles. Such shares may be divided into more than one class with such designations, preferences, limitations and relative rights as shall be stated in the articles, except that capital stock as such shall have no voting power except as specifically authorized in this chapter.

�� (2) The articles may require that members own one or more shares of membership stock, and may provide limitations on the issuance and transferability of such stock. Unless restricted by the articles, stock other than membership stock may be issued or transferred without limitation.

�� (3) Shares having a par value may be issued for such consideration expressed in dollars, not less than the par value thereof, as shall be fixed from time to time by the board. Shares without par value, may be issued for such consideration expressed in dollars as may be fixed for such shares by the board. Payment for shares may be in cash or other property, tangible or intangible. If in other property, the value thereof shall be determined by the board, and such determination, if made in good faith, is conclusive.

�� (4) No certificate shall be issued for any share until such share is fully paid.

�� (5) Shareholders as such have no preemptive right to purchase additional shares. [1957 c.716 �12; 1963 c.156 �1]

�� 62.180 [Repealed by 1957 c.716 �76]

�� 62.185 Certificates of stock; contents. Each certificate of stock of a cooperative shall bear the manual or facsimile signature of a principal officer and shall include the following information:

�� (1) The name of the cooperative, number and class of the shares represented by the certificate, the par value of each share or a statement that the shares are without par value, and if the shares are membership stock, their designation as such.

�� (2) Any restrictions on the issuance or transfer of such shares.

�� (3) If more than one class of stock is authorized or if stock is authorized in a cooperative which requires a membership fee of its members, designation of the several classes of stock and the respective preferences, limitations and relative rights of such classes. In lieu of a full statement, the information required by this subsection may be given in summary form. [1957 c.716 �13]

�� 62.190 [Repealed by 1957 c.716 �76]

�� 62.195 Voting by shareholders. (1) A shareholder may vote in person, by electronic means or by a proxy that the shareholder or the duly authorized attorney-in-fact of the shareholder executes in writing. A proxy is not valid after 11 months from the date of execution unless otherwise provided in the proxy. The following provisions, relating to voting of shares, apply to shareholders of cooperatives and shares of the capital stock of cooperatives other than membership stock:

�� (a) Shares standing in the name of another domestic or foreign cooperative may be voted by such officer, agent or proxy as the bylaws of the cooperative may prescribe, or, in the absence of such provision, as the board of directors of the cooperative may determine.

�� (b) An administrator, executor, guardian or conservator holding shares may vote the shares, in person, by electronic means or by a proxy, without transferring the shares into the name of the administrator, executor, guardian or conservator. Shares standing in the name of a trustee may be voted by the trustee, in person, by electronic means or by a proxy, but a trustee may not vote shares held by the trustee without transferring the shares into the trustee�s name.

�� (c) Shares standing in the name of a receiver may be voted by the receiver, and shares held by or under control of a receiver may be voted by the receiver without transferring the shares into the receiver�s name if an appropriate order of the court by which the receiver was appointed authorizes the receiver to vote the shares.

�� (d) A shareholder whose shares are pledged may vote the shares until the shares have been transferred into the name of the pledgee, and thereafter the pledgee may vote the shares so transferred.

�� (2) For the purpose of determining shareholders entitled to notice of or to vote at meetings, or entitled to receive payment of any dividend, the bylaws may fix in advance a date as the record date for any such determination of shareholders. The date must be not more than 50 days and not less than 10 days prior to the date on which the particular action requiring such determination of shareholders is to be taken. If a record date is not fixed by the bylaws, the date on which notice of the meeting is mailed, or the date on which the resolution of the board of directors declaring such dividend is adopted, is the record date for such determination of shareholders. A determination of shareholders entitled to vote at any meeting made under this subsection applies to any adjournment of that meeting.

�� (3) As used in this section, �electronic means� means a method of voting that complies with ORS 84.001 to 84.061. [1957 c.716 �15; 1987 c.94 �81; 2016 c.2 �1]

�� 62.200 [Repealed by 1957 c.716 �76]

�� 62.205 Subscription agreement for shares or agreement to pay a membership fee; default. (1) A subscription agreement for shares, including membership stock, of a cooperative, where the subscription is entered into before incorporation, or an agreement entered into before incorporation to pay a membership fee is irrevocable for six months unless:

�� (a) Otherwise provided by the subscription agreement or the agreement to pay a membership fee; or

�� (b) All subscribers or parties to all the agreements to pay a membership fee consent to the revocation.

�� (2) If a subscriber defaults in payment of money or property under a subscription agreement entered into before incorporation, or if a party to an agreement to pay a membership fee defaults in the payment of money or property under an agreement to pay a membership fee entered into before incorporation, the cooperative may collect the amount owed as any other debt. Alternatively, unless the subscription agreement or agreement to pay a membership fee provides otherwise, the cooperative may rescind the agreement if the debt remains unpaid more than 20 days after the cooperative sends written demand for payment to the subscriber or the party. [1957 c.716 �16; 1995 c.195 �3]

�� 62.210 [Repealed by 1957 c.716 �76]

�� 62.215 Limitation of liability of members and shareholders. Except for debts lawfully contracted between a member or shareholder and the cooperative, no member or shareholder is liable for the acts or debts of the cooperative to an amount exceeding the sum remaining unpaid on the subscription of the member or shareholder for shares of the cooperative, and the sum remaining unpaid on such member�s membership fee if such fee is required by the cooperative. [1957 c.716 �17; 1995 c.195 �4]

�� 62.220 [Repealed by 1957 c.716 �76]

�� 62.225 Dividends on capital stock. A cooperative organized with capital stock may pay a dividend upon capital stock as is authorized by its articles. A payment under this section shall not be made if the result of the payment would be to bring the value of the cooperative�s remaining assets below the aggregate of the cooperative�s indebtedness. [1957 c.716 �18; 1995 c.195 �5]

�� 62.230 [Repealed by 1957 c.716 �76]

�� 62.235 Recall, exchange or redemption of stock or other evidence of equity by cooperative. (1) Unless the articles provide otherwise, a cooperative may recall membership stock upon termination of membership, acquire, exchange, redeem, and reissue its own shares or other evidences of equity. Consideration paid for shares of membership stock recalled by the cooperative shall be the par value thereof and accrued and unpaid dividends, if any, except that if such shares have no par value the consideration paid therefor shall be the consideration in dollars for which the shares were issued plus accrued and unpaid dividends. The cooperative may set off obligations to it of the holder of membership stock or other stock or other evidence of equity, including capital credits or accounts representing capital credits. The cooperative shall have a continuing perfected security interest in the evidence of equity, capital credits or accounts representing capital credits to secure payment of any indebtedness, whenever incurred, owed to the cooperative by the holder. Notwithstanding any other provision of law, the security interest shall take priority over all other perfected security interests. No such acquisition, recall or redemption of stock or other evidence of equity shall be made if the result thereof would be to bring the value of the remaining assets of the cooperative below the aggregate of its indebtedness. The articles may provide other limitations on the right of a cooperative to acquire, recall, exchange or redeem its shares or other evidences of equity.

�� (2) When shares are acquired, recalled, exchanged or redeemed by the cooperative, such shares shall be restored to the status of authorized but unissued shares. [1957 c.716 �14; 1993 c.428 �1]

�� 62.240 [Repealed by 1957 c.716 �76]

�� 62.245 Missing certificates or evidence of interest in cooperative; missing records relating to redemption of interest in cooperative. (1) When a certificate of membership in a cooperative or a certificate for a share or shares of membership or capital stock, if certificated, in a cooperative, or other written evidence of the apportionment, distribution and payment of net proceeds or savings of the cooperative, or of any indebtedness or other equity interest in a cooperative, issued by a cooperative is missing, the cooperative shall issue a duplicate thereof upon the request of the owner and upon the furnishing of such indemnity as may be required by the cooperative.

�� (2) When records showing ownership of membership in a cooperative or of a share or shares of membership or capital stock in a cooperative, or of the apportionment, distribution and payment of net proceeds or savings of the cooperative, or of any indebtedness or other equity interest in a cooperative, are missing and if the information which is missing is necessary to a proposed redemption of any of the items described in this subsection, the cooperative may give notice and redeem the items as follows:

�� (a) The cooperative shall set aside an amount equal to the value of the items to be redeemed.

�� (b) The cooperative shall give notice of the redemption to all owners of items of which the cooperative has knowledge.

�� (c) If there are items the ownership of which is unknown to the cooperative, it shall publish notice of the redemption at least once a month for four months in a newspaper of general circulation in the county in which the registered office of the cooperative is located.

�� (d) After the completion of the publication, any unclaimed outstanding items represented by the missing records may then be terminated in accordance with the provisions of this chapter dealing with unclaimed distributions, redemptions or proceeds. [1957 c.716 �19; 1995 c.195 �6]

�� 62.250 [Repealed by 1957 c.716 �76]

�� 62.251 Notice to directors, members and shareholders. (1) Notice under this chapter must be in writing unless the articles of incorporation or bylaws permit oral notice under specific circumstances. Notice by electronic transmission, other than oral notice delivered by electronic transmission, is in writing.

�� (2)(a) Notice in writing may be delivered by hand, by mail or by another delivery method. Oral notice may be delivered in person, by telephone or by electronic transmission.

�� (b) If delivery as described in paragraph (a) of this subsection is not practicable, notice may be communicated in a newspaper of general circulation in the county in which the registered office of the cooperative is located, or by radio, television or another form of broadcast communication.

�� (3) A cooperative shall give a notice required under this chapter to the cooperative�s directors, members and shareholders in writing. A cooperative�s or foreign cooperative�s notice to a director, member or shareholder is effective, if the notice is in a comprehensible form:

�� (a) Upon deposit in the United States mail, if the notice is mailed postpaid and is correctly addressed to the director�s, member�s or shareholder�s address, as shown in the cooperative�s current record of director, member and shareholder addresses; or

�� (b) When communicated to the director, member or shareholder by electronic transmission using a method that the director, member or shareholder authorizes in writing.

�� (4) Written notice to a cooperative, or foreign cooperative that is authorized to do business in this state under this chapter, may be addressed to the cooperative�s or foreign cooperative�s registered agent at the registered agent�s office or to an officer of the cooperative at the cooperative�s principal office or at the mailing address shown for the cooperative in the cooperative�s records.

�� (5) Unless the articles of incorporation or bylaws provide otherwise, written notice to a person other than a director, member or shareholder is effective:

�� (a) When received;

�� (b) Five days after deposit in the United States mail, as shown by the postmark on the notice, if the notice is mailed postpaid and correctly addressed; or

�� (c) On the date shown on a return receipt, if the notice is sent by registered or certified mail with return receipt requested and if the addressee or a representative of the addressee signs the return receipt.

�� (6) Oral notice is effective when communicated, if communicated in a comprehensible manner.

�� (7)(a) To the extent that a section of this chapter prescribes notice requirements for particular circumstances that differ from the requirements set forth in this section, the notice requirements for the particular circumstances control over the notice requirements set forth in this section.

�� (b) To the extent that the articles of incorporation or bylaws prescribe notice requirements that are consistent with this section, the notice requirements in the articles of incorporation or bylaws control over the notice requirements set forth in this section. [2015 c.113 �2]

�� 62.255 Meetings of members. (1) Meetings of members may be held either within or without this state as may be provided in the bylaws, and in the absence of a bylaw provision such meetings shall be held at the principal place of business of the cooperative.

�� (2) An annual meeting of the members shall be held at such time or within such time as may be provided in the bylaws. If the bylaws do not fix a time for such meeting, the annual meeting shall be held in each calendar year at such time as the board shall determine. Failure to hold the annual meeting at the designated time does not work a forfeiture or dissolution of the cooperative.

�� (3) Special member meetings may be called by the president or the board; or the secretary shall call such a meeting upon the filing of a petition stating the business to be brought before the meeting signed by not less than 10 percent of the members of the cooperative.

�� (4) Written or printed notice, stating the place, day and hour, and in case of a special member meeting the purposes for which the meeting is called, shall be given to each member and each shareholder, if shareholders are entitled to vote at such meeting, either personally or by mail not less than seven or more than 30 days before the meeting by direction of the person calling the meeting. If mailed, the notice shall be deemed to be given when deposited in the United States mail addressed to the member or shareholder at the address of the member or shareholder as it appears on the records of the cooperative with postage thereon prepaid. At any meeting at which the members are to be represented by delegates, notice to the members may be given by notifying the delegates and their alternates if any.

�� (5) A cooperative may provide in its bylaws:

�� (a) For the formation of districts and the holding of member meetings by districts and that elections of directors may be held at district meetings.

�� (b) That district meetings may elect delegates who shall represent their districts in annual and special meetings of the members. Notice of district meetings shall be given in the same manner as prescribed in this section for member meetings. [1957 c.716 �20]

�� 62.260 [Repealed by 1957 c.716 �76]

�� 62.265 Voting by members. (1) Each member is entitled to one vote with respect to a matter that is subject to a vote at any member meeting, except that bylaws may authorize voting according to actual, estimated or potential patronage, or a combination of voting according to actual, estimated or potential patronage. Shares of stock do not have voting power except in the specific instances authorized by this chapter.

�� (2) Members may not vote by proxy, except that a member that is a corporation, association or partnership may designate a representative to cast the member�s vote. In the absence of written notice that a member has designated a person other than a natural person to represent the member, the member�s principal officers may represent the member. If the bylaws of a cooperative provide for forming districts and electing delegates at district meetings to represent the districts in member meetings, such representation is not voting by proxy and the delegates shall cast the votes to which the members that the delegates represent are entitled on matters that mail ballots submitted to all members do not cover.

�� (3)(a) If the bylaws so provide and a member consents, the board may submit to the member for a vote by written ballot or by electronic means any question, including the election of directors, that is subject to a vote at a member meeting. The ballot must be mailed or, if the member consents to receive a ballot by electronic means, communicated by electronic transmission, along with the notice of the meeting. The ballot may be cast if the member�s signature authenticates the ballot. A vote cast by this method must be counted as if the member were present and voting in person.

�� (b) As used in this subsection, �electronic means� means a method of voting that complies with ORS 84.001 to 84.061.

�� (4) The bylaws may set forth provisions with respect to the methods and procedures for voting that are consistent with this chapter. [1957 c.716 �21; 2015 c.113 �4; 2016 c.2 �2]

�� 62.270 [Repealed by 1957 c.716 �76]

�� 62.275 Quorum of members. (1) Those members present at any annual or special member meeting of a cooperative constitute a quorum at the meeting, unless the bylaws of that cooperative provide that a greater number constitutes a quorum.

�� (2) Any action taken at a member meeting of a cooperative subsequent to December 31, 1953, and prior to January 1, 1958, which would have been effective except for the absence of a quorum shall be deemed effective in all respects if there were present at such meeting a quorum of members as provided in the bylaws of that cooperative which were in effect at the time of that meeting. [1957 c.716 �22]

�� 62.280 Board of directors. (1) The corporate powers of a cooperative shall be exercised by or under the authority of the board of directors, and the business and affairs of a cooperative shall be managed under the direction of the board of directors. Except as provided in subsection (2) of this section, each director, at all times during the director�s term of office, shall be a member or a representative of a member which is other than a natural person. Unless the bylaws otherwise provide, directors need not be residents of this state.

�� (2) If authorized by the bylaws of the cooperative, a cooperative other than a telecommunications cooperative or electric cooperative may have one or more directors who are not members or representatives of members that are other than natural persons. A majority of the directors of a cooperative described in this subsection must be members or representatives of members that are not natural persons.

�� (3) The bylaws may prescribe any other qualifications for directors and may provide that directors be from specified territorial districts. The bylaws may also provide that voting on the election of directors from specified territorial districts may be limited to members from the respective districts without the obligation to hold district meetings.

�� (4) The number of directors of a cooperative shall be not less than three, unless the number of members of the cooperative is less than three. If the number of members of the cooperative is less than three, the number of directors shall not be less than the number of members of the cooperative. Subject to this limitation, the number of directors shall be fixed or determined by the bylaws, except as to the number constituting the initial board, which number shall be fixed by the articles.

�� (5) Directors constituting the initial board named in the articles shall hold office until the first annual meeting of the members and until their successors are elected and take office. At that meeting and thereafter, directors shall be elected by the members in the manner and for the term of office, not to exceed three years, provided in the bylaws. Each director shall begin immediately to discharge the duties of director and, subject to resignation or removal, shall hold office for the term for which the director was elected and until a successor takes office.

�� (6) A director may be removed upon a majority vote of all members voting in person thereon at a duly called member meeting if written reasons for removal of the director are included in the notice of the meeting and the director whose removal is sought has had an opportunity to answer the reasons at the meeting. The written statement of reasons for removal shall be filed with the minutes of the meeting. The bylaws may contain such other provisions for the removal of a director as may be consistent with the provisions of this subsection.

�� (7) Unless the bylaws provide otherwise, any vacancy occurring in the board may be filled by the affirmative vote of a majority of the remaining directors though less than a quorum of the board. The director elected to fill a vacancy shall be elected for the unexpired term of the director�s predecessor in office. [1957 c.716 �23; 1981 c.542 �2; 1995 c.195 �7; 2007 c.336 �1]

�� 62.283 Standard of conduct for directors; permissible reliance on opinions and reports of others; limitation of liability. (1) A director shall discharge the duties of a director, including the duties as a member of a committee, in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances and in a manner the director reasonably believes to be in the best interests of the cooperative.

�� (2) In discharging the duties of a director, a director is entitled to rely on information, opinions, reports or statements including financial statements and other financial data, if prepared or presented by:

�� (a) One or more officers or employees of the cooperative whom the director reasonably believes to be reliable and competent in the matters presented;

�� (b) Legal counsel, public accountants or other persons as to matters the director reasonably believes are within the person�s professional or expert competence; or

�� (c) A committee of the board of directors of which the director is not a member if the director reasonably believes the committee merits confidence.

�� (3) A director is not acting in good faith if the director has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) of this section unwarranted.

�� (4) A director is not liable for any action taken as a director, or any failure to take any action, if the director performed the duties of the director�s office in compliance with this section.

�� (5) When evaluating any offer of another party to make a tender or exchange offer for any equity security of the cooperative or any proposal to merge or consolidate the cooperative with another corporation or cooperative or to purchase or otherwise acquire all or substantially all the properties and assets of the corporation or cooperative, the directors of the cooperative may, in determining what they believe to be in the best interests of the cooperative, give due consideration to the social, legal and economic effects on employees, customers and suppliers of the cooperative and on the communities and geographical areas in which the cooperative and its subsidiaries operate, the economy of the state and nation, the long term as well as short term interests of the cooperative and its members, including the possibility that these interests may be best served by the continued independence of the cooperative, and other relevant factors. [1981 c.542 �3; 1995 c.195 �8]

�� 62.284 Director conflict of interest. (1) A conflict of interest transaction is a transaction with the cooperative, other than in the ordinary course of business for which the cooperative is organized, whether or not on a patronage basis, in which a director of the cooperative has a direct or indirect interest. A conflict of interest transaction is not voidable by the cooperative solely because of the director�s interest in the transaction if any one of the following is true:

�� (a) The material facts of the transaction and the director�s interest were disclosed or known to the board of directors or a committee of the board of directors, and the board of directors or committee authorized, approved or ratified the transaction;

�� (b) The material facts of the transaction and the director�s interest were disclosed or known to the members entitled to vote and they authorized, approved or ratified the transaction; or

�� (c) The transaction was fair to the cooperative.

�� (2) For purposes of this section, a director of the cooperative has an indirect interest in a transaction if:

�� (a) Another entity in which the director has a material financial interest or in which the director is a general partner is a party to the transaction; or

�� (b) Another entity of which the director is a director, officer or trustee is a party to the transaction and the transaction is or should be considered by the board of directors of the cooperative.

�� (3) For purposes of subsection (1)(a) of this section, a conflict of interest transaction is authorized, approved or ratified if it receives the affirmative vote of a majority of the directors on the board of directors, or on the committee, who have no direct or indirect interest in the transaction. A transaction may not be authorized, approved or ratified under this section by a single director, unless only one director is authorized to serve pursuant to ORS 62.280. If a majority of the directors who have no direct or indirect interest in the transaction vote to authorize, approve or ratify the transaction, a quorum is present for the purpose of taking action under this section. The presence of, or a vote cast by, a director with a direct or indirect interest in the transaction does not affect the validity of any action taken under subsection (1)(a) of this section if the transaction is otherwise authorized, approved or ratified as provided in subsection (1) of this section.

�� (4) For purposes of subsection (1)(b) of this section, a conflict of interest transaction is authorized, approved or ratified if it receives the vote of a majority of the member votes entitled to be counted under this subsection. Any director who is a member who has a direct or indirect interest in the transaction, and any votes by a member under the control of an entity described in subsection (2)(a) of this section may be counted in a vote of members to determine whether to authorize, approve or ratify a conflict of interest transaction under subsection (1)(b) of this section. A majority of the members, whether or not present, that are entitled to be counted in a vote on the transaction under this subsection constitutes a quorum for the purpose of taking action under this section. [1995 c.195 �9]

�� 62.285 Meetings of board of directors. (1) Regular or special meetings of the board may be held either within or without this state.

�� (2) Regular meetings of the board may be held with or without notice as prescribed in the bylaws. Special meetings of the board shall be held upon such notice as is prescribed in the bylaws. Attendance of a director at a meeting shall constitute a waiver of notice of the meeting except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.

�� (3) Unless the bylaws provide otherwise, the purposes of any meeting of the board need not be specified in the notice or waiver of notice of the meeting.

�� (4) Unless a greater number is required in the bylaws, a majority of the number of directors fixed by or determined pursuant to the bylaws, or in the absence of a bylaw fixing the number of directors, then of the number stated in the articles, shall constitute a quorum for the transaction of business. Unless a greater number is required in the bylaws, an act of the majority of the directors present at a meeting at which a quorum is present is the act of the board. [1957 c.716 �24]

�� 62.286 Loans to or guarantees for directors. (1) Except as provided by subsection (3) of this section, a cooperative may not lend money to or guarantee the obligation of a director of the cooperative unless:

�� (a) The particular loan or guarantee is approved by a majority of the votes of all the members excluding the votes of any member who is a benefited director; or

�� (b) The cooperative�s board of directors determines that the loan or guarantee benefits the cooperative and either approves the specific loan or guarantee or a general plan authorizing the loans and guarantees.

�� (2) The fact that a loan or guarantee is made in violation of this section does not affect the borrower�s liability on the loan.

�� (3) This section does not apply to loans and guarantees authorized by statute regulating any special class of cooperatives. [1995 c.195 �10]

�� 62.287 Directors� meeting by conference telephone or similar communications equipment. Unless otherwise restricted by the articles of incorporation or bylaws of a cooperative, members of the board of directors of a cooperative or any committee designated by the board may hold a meeting of the board or committee by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this section shall constitute presence in person at the meeting. [1981 c.542 �5]

�� 62.290 Executive committee. (1) If the bylaws so provide, the board may elect an executive committee to consist of three or more directors, which committee to the extent provided in the bylaws of the cooperative shall have and may exercise all the authority of the board in the management of the cooperative, except in respect to:

�� (a) Apportionment or distribution of net proceeds, savings or losses.

�� (b) Selection of officers.

�� (c) Filling of vacancies in the board or the executive committee.

�� (2) The board may elect other directors as alternates for members of the executive committee.

�� (3) Designation of an executive committee and the delegation thereto of authority shall not operate to relieve the board or any member thereof of any responsibility imposed upon the board or member by law. [1957 c.716 �25]

�� 62.295 Officers. (1) The principal officers of a cooperative are a president, one or more vice presidents as prescribed in the bylaws, a secretary and a treasurer. These officers shall be elected annually by the board at such time and in such manner as the bylaws provide. The offices of secretary and treasurer may be combined in one person. At least one principal officer must be a director of the cooperative. The manager of a cooperative may hold the office of president or any other office.

�� (2) The bylaws may provide for a chairperson of the board of directors. The offices of chairperson and president may be combined in one person. However, notwithstanding subsection (1) of this section, a person who is not a director may not serve as chairperson of the board of directors.

�� (3) Any other officer may be chosen by the board.

�� (4) All officers shall have such authority and perform such duties as the bylaws provide, or as the board may determine, not inconsistent with the bylaws. Any officer may be removed by the board whenever in its judgment the best interests of the cooperative will be served thereby. Election or appointment shall not of itself create contract rights. [1957 c.716 �26; 1969 c.312 �1; 1981 c.542 �4]

�� 62.300 Compensation and benefits to directors, officers and employees. (1) Unless the bylaws provide otherwise, only the members of the cooperative may establish compensation or other benefits for a director, not available generally to officers and employees, for services as a director.

�� (2) Unless the bylaws provide otherwise, no director shall hold during the term as director any position in the cooperative on regular salary.

�� (3) Unless the bylaws provide otherwise, the board may provide, for prior or future services of any officer or employee, reasonable compensation, pension or other benefits to such officer or employee and pension or other benefits to a member of the family of the officer or employee or beneficiaries of the officer or employee. No officer or employee who is a director may take part in any vote on the compensation of the officer or employee for services rendered or to be rendered the cooperative. [1957 c.716 �27]

�� 62.305 Taking action without meeting; effective date of action. Any action required by this chapter to be taken at a meeting of the members or directors of a cooperative, or any other action which may be taken at a meeting of the members, directors or members of the executive committee, and any matter on which shareholders are entitled to vote under this chapter, may be taken without a meeting if a consent in writing setting forth the action so taken is signed by all of the members, directors, executive committee members or shareholders entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote at a meeting. Unless the consent specifies a different effective date, action taken under this section is effective when the last member, director, member of the executive committee or shareholder entitled to vote, signs the consent. [1957 c.716 �28; 1995 c.195 �11]

�� 62.310 [Repealed by 1957 c.716 �76]

�� 62.315 Waiver of notice. Whenever any notice is required to be given to any member or director of a cooperative under the provisions of this chapter or under the provisions of the articles or bylaws of a cooperative, a waiver thereof in writing signed by the person or persons entitled to the notice, whether before or after the time stated therein, is equivalent to the giving of the notice. [1957 c.716 �29]

�� 62.320 [Repealed by 1957 c.716 �76]

�� 62.325 Voting requirements of articles. Whenever the articles require the vote of a greater proportion of the members or shareholders than required by this chapter, the articles shall control. [1957 c.716 �30]

�� 62.330 [Repealed by 1957 c.716 �76]

�� 62.335 Action brought in right of cooperative by member or shareholder; attorney fees. (1) No action may be instituted or maintained in the right of any cooperative by a member or shareholder unless the member or shareholder:

�� (a) Alleges in the complaint that the member or shareholder was a member or shareholder of record when any part of the transaction of which complained took place, or that the membership or stock thereafter devolved upon the member or shareholder by operation of law from a member or shareholder at such time.

�� (b) Alleges in the complaint with particularity the efforts of the member or shareholder to secure from the board such action as desired. The member or shareholder shall further allege that the member or shareholder has either informed the cooperative or board in writing of the ultimate facts of each cause of action against each director or delivered to the cooperative or board a copy of the complaint proposed to be filed. The member or shareholder shall state the reasons for failure to obtain such action or the reasons for not making such effort.

�� (c) Files a complaint in such action within 20 days after notification given to the cooperative or board as provided by paragraph (b) of this subsection.

�� (2) The action shall not be dismissed or compromised without the approval of the court.

�� (3) If anything is recovered or obtained as the result of the action, whether by means of a compromise and settlement or by a judgment, the court may direct the plaintiff to account to the cooperative for the remainder of the proceeds.

�� (4) In an action brought in the right of a cooperative by fewer than three percent of the members or by holders of less than three percent of any class of stock outstanding, the defendants may require the plaintiff to give security for the reasonable expenses of defending the action, including attorney fees. The amount of the security may thereafter be increased or decreased in the discretion of the court upon showing that the security provided is or may be inadequate or is excessive.

�� (5) The court may award reasonable attorney fees to the prevailing party in an action under this section. [1957 c.716 �69; 1981 c.897 �15; 1995 c.618 �38]

�� 62.355 Cooperative contracts. (1) Contracts for any of the following purposes, whether contained in the bylaws or separately written, are valid when made between a cooperative and any member in which such member agrees to:

�� (a) Sell, market or deliver to or through the cooperative or any facilities furnished by it, all or any specified part of products produced or to be produced either by the member or under the control of the member.

�� (b) Authorize the cooperative or any facilities furnished by it to act for the member in any manner with respect to all or any specified part of such products.

�� (c) Buy or procure from or through the cooperative or any facilities furnished by it, all or any specified part of goods or services to be bought or procured by the member.

�� (d) Authorize the cooperative or any facilities furnished by it to act for the member in any manner in the procurement of goods or the procurement or performance of services.

�� (2) The contract referred to in subsection (1) of this section may fix and require liquidated damages to be paid by the member to the cooperative in the event of breach of the contract by the member. Liquidated damages may be a percentage of the value or a specific amount per unit of the products, goods or services involved by the breach, or a specific sum.

�� (3) Two or more cooperatives may contract and act in association, corporate or otherwise, to perform collectively any of their powers or purposes authorized by this chapter. [1957 c.716 �32]

�� 62.360 Recording cooperative contracts. (1) A cooperative may record any contract authorized by ORS 62.355 in the office of the county clerk of the county in which the member resides or in which products covered by that contract have been or are to be produced. If the cooperative has substantially uniform contracts with more than one member residing or producing such products in any county, it may, in lieu of recording the original contracts, record:

�� (a) A true copy of the uniform contract; and

�� (b) A sworn list or sworn lists of the names of members who have executed such contract and who reside or produce such products in that county, and the effective date of the contract as to each such member.

�� (2) The county clerk shall record each such contract, and shall record alphabetically in the Cooperative Contract Record the name of each party to that contract. For recording such contract the fee is the same as for recording a contract under ORS 205.320.

�� (3) Recording pursuant to this section shall operate as constructive notice to all persons of the existence and contents of the contract. Any right, title, interest or lien created as to the products covered by the contract subsequent to such recording is subject to the cooperative�s right, title or interest under that contract. If the member creates any mortgage upon or other security interest in any such products subsequent to such contract recording, and if the member and the mortgagee or secured party jointly notify the cooperative in writing of the existence and amount of the mortgage or other security interest, all payments which after such notice become due from the cooperative to that member by reason of the cooperative�s sale or other handling of those products shall be paid by the cooperative to the mortgagee or other secured interest until the amount of the mortgage or secured party has been paid, and the balance thereafter shall be paid to the member.

�� (4) When a contract recorded under this section has been terminated in any manner, the cooperative shall give, upon demand, a statement of termination to the member party to the contract, who may record the statement in the office of the county clerk where the contract was originally filed or recorded. The county clerk shall record the termination and index the name of the member in the Cooperative Contract Record. A cooperative may record at any time in the office of the county clerk where the contract was originally filed or recorded, a sworn list of the names of all persons whose contracts have been terminated in any manner other than by expiration of their term, and the county clerk shall record the termination and index the name of each of those persons in the Cooperative Contract Record. The fee for recording and indexing a document under this section is the fee established in ORS 205.320. [1957 c.716 �33; 1965 c.632 �6; 1971 c.621 �12; 1975 c.607 �14; 1979 c.833 �15; 1981 c.835 �5; 1999 c.654 �3]

�� 62.365 Relief against breach or threatened breach of contract; penalty for int

ORS 62.235

62.235, and a cooperative�s right to set off from a deceased owner�s capital credits or retains any debts owed to the cooperative by the deceased owner. This section shall not require that redemption or refund of capital credits or retains be made in accordance with this section, or otherwise limit or affect the manner in which a cooperative may pay, redeem, refund, administer or distribute its net savings, or any retains thereof, capital credits or other equity interests, nor shall it be deemed or construed to impose any further obligation or liability on a cooperative in its payment or redemption of retains in excess of $10,000.

�� (6) Notwithstanding any provision of this section, if the cooperative�s books and records reflect that the deceased owner�s capital credits or retains are subject to a security interest or other encumbrance, the cooperative shall not be relieved of any liability arising from the security interest or the encumbrance if the redemption or refund of capital credits is made to the person making the affidavit under this section. [1995 c.195 �31; 1999 c.377 �1]

�� 62.435 Sale or other disposition of entire assets. (1) A sale, lease, exchange or other disposition of all, or substantially all, of a cooperative�s property and assets, if made in the cooperative�s usual and regular course of business, may occur under terms and conditions and for consideration that consists in whole or in part of money or property, real or personal, including shares of any other cooperative, corporation or association, domestic or foreign, as the cooperative�s board authorizes. A sale, lease, exchange or other disposition in accordance with this subsection does not require authorization or consent from members or shareholders.

�� (2) If a sale, lease, exchange or other disposition of all, or substantially all, of the cooperative�s property and assets, with or without goodwill, does not occur in the usual and regular course of the cooperative�s business, the sale, lease, exchange or other disposition may occur under terms and for consideration that consists, in whole or in part, of money or property, real or personal, including shares of any other cooperative, corporation or association, if the sale, lease, exchange or other disposition is authorized in the following manner:

�� (a) The board shall adopt a resolution that recommends the sale, lease, exchange or other disposition and submits the recommendation to a vote at a meeting of members, which may be either an annual or a special meeting. If the cooperative has shareholders, the board shall submit the recommendation to a joint meeting of members and shareholders.

�� (b) The board shall give written or printed notice to each member and to each shareholder within the time and in the manner provided in ORS 62.255 for giving notice of meetings of members. The notice must state that the purpose, or one of the purposes, of the meeting is to consider the recommendation for the sale, lease, exchange or other disposition.

�� (c) At the meeting, the members and shareholders may approve the sale, lease, exchange or other disposition of all or substantially all of the cooperative�s property and assets and may fix, or may authorize the board to fix, any or all of the terms of and consideration for the sale, lease, exchange or other disposition by an affirmative vote of:

�� (A) Two-thirds of all the members and two-thirds of all the shareholders of an electric cooperative that are entitled to vote;

�� (B) A majority of all the members and a majority of all the shareholders of a telephone cooperative that are entitled to vote, unless the telephone cooperative�s bylaws require a greater number; or

�� (C) A majority of all the members and a majority of all the shareholders of any other cooperative that are entitled to vote.

�� (3) After the members and shareholders vote in accordance with subsection (2) of this section, the board nevertheless, in the board�s discretion, may abandon the sale, lease, exchange or other disposition subject to the rights of third parties under any contracts that relate to the sale, lease, exchange or other disposition, without further action or approval by members or shareholders. [1957 c.716 �48; 2015 c.113 �5]

�� 62.440 Books and records; attorney fees. (1) A cooperative shall keep correct and complete books and records of account, and shall keep minutes of the proceedings of its members, board and executive committee. It shall keep at its principal office records of the names and addresses of all members and shareholders. At any reasonable time, any member or shareholder, or the agent or attorney of any member or shareholder, upon written notice stating the purposes thereof, may examine for any proper purpose any books or records pertinent to the purpose specified in the notice and may make extracts therefrom, all in accordance with any reasonable conditions prescribed by the board restricting the disclosure, dissemination or use by any member or shareholder, or any agent or attorney of any member or shareholder, of any information therein contained. The board may deny a request to examine books and records if the board determines that the purpose is not directly related to the business or affairs of the cooperative and is contrary to the best interests of the cooperative.

�� (2) In any action or proceeding to enforce the rights of members or shareholders provided in this section, the court may award reasonable attorney fees to the prevailing party. [1957 c.716 �31; 1981 c.897 �16; 1995 c.195 �14; 1995 c.618 �39]

�� 62.455 Annual report; form; effect of error; update of information. (1) A cooperative shall by the cooperative�s anniversary deliver to the office of the Secretary of State for filing an annual report that sets forth:

�� (a) The name of the cooperative.

�� (b) The street address of the cooperative�s registered office and the name of the cooperative�s registered agent at the registered office in this state.

�� (c) The address, including street and number and mailing address, if different, of the cooperative�s principal office.

�� (d) The names and addresses of the president and secretary of the cooperative.

�� (e) A description of the primary business activity of the cooperative.

�� (f) Additional identifying information that the Secretary of State may require by rule.

�� (2) The information contained in the annual report must be current as of 30 days before the anniversary of the cooperative.

�� (3) The Secretary of State shall mail the annual report form to any address shown for the cooperative in the current records of the office of the Secretary of State. The failure of the cooperative to receive the annual report form from the Secretary of State does not relieve the cooperative of the cooperative�s duty under this section to deliver an annual report to the office.

�� (4) If an annual report does not contain the information this section requires, the Secretary of State shall notify the reporting cooperative in writing and return the report to the cooperative for correction. The cooperative must correct the error within 45 days after the Secretary of State gives the notice.

�� (5)(a) A cooperative may update information that is required or permitted in an annual report filing at any time by delivering to the office of the Secretary of State for filing:

�� (A) An amendment to the annual report if a change in the information set forth in the annual report occurs after the report is delivered to the office for filing and before the next anniversary; or

�� (B) A statement with the change if the update occurs before the cooperative files the first annual report.

�� (b) This subsection applies only to a change that is not required to be made by an amendment to the articles of incorporation.

�� (c) The amendment to the annual report filed under paragraph (a) of this subsection must set forth:

�� (A) The name of the cooperative as shown on the records of the office; and

�� (B) The information as changed. [1957 c.716 �63; 1963 c.492 �43; 1983 c.717 �25; 1985 c.728 �66; 1987 c.94 �82; 1987 c.843 �16; 2007 c.186 �4; 2011 c.147 �6]

�� 62.460 [1981 c.542 �6; repealed by 1995 c.195 �46]

INDEMNIFICATION OF DIRECTORS

�� 62.462 Definitions for ORS 62.462 to 62.482. As used in ORS 62.462 to 62.482:

�� (1) �Cooperative� includes any domestic or foreign predecessor entity of a cooperative in a merger or other transaction in which the predecessor�s existence ceased upon consummation of the transaction.

�� (2) �Director� means an individual who is or was a director of a cooperative or an individual who, while a director of a cooperative, is or was serving at the cooperative�s request as a director, officer, partner, trustee, employee or agent of another foreign or domestic cooperative, corporation, partnership, joint venture, trust, employee benefit plan or other enterprise. A director is considered to be serving an employee benefit plan at the cooperative�s request if the director�s duties to the cooperative also impose duties on or otherwise involve services by the director to the plan or to participants in or beneficiaries of the plan. �Director� includes, unless the context requires otherwise, the estate or personal representative of a director.

�� (3) �Expenses� includes counsel fees.

�� (4) �Liability� means the obligation to pay a judgment, settlement, penalty or fine, including an excise tax assessed with respect to an employee benefit plan or reasonable expenses incurred with respect to a proceeding.

�� (5) �Officer� means an individual who is or was an officer of a cooperative or an individual who, while an officer of a cooperative, is or was serving at the cooperative�s request as a director, officer, partner, trustee, employee or agent of another foreign or domestic cooperative, corporation, partnership, joint venture, trust, employee benefit plan or other enterprise. An officer is considered to be serving an employee benefit plan at the cooperative�s request if the officer�s duties to the cooperative also impose duties on or include services by the officer to the employee benefit plan or to participants in or beneficiaries of the plan. �Officer� includes, unless the context requires otherwise, the estate or personal representative of an officer.

�� (6) �Party� includes an individual who was, is or is threatened to be made a named defendant or respondent in a proceeding.

�� (7) �Proceeding� means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative and whether formal or informal. [1995 c.195 �15]

�� 62.464 Authority to indemnify director; report to members. (1) Except as provided in subsection (4) of this section, a cooperative may indemnify an individual against liability incurred in a proceeding to which the individual was made a party because the individual is or was a director if:

�� (a) The conduct of the individual was in good faith;

�� (b) The individual reasonably believed that the individual�s conduct was in the best interests of the cooperative, or at least was not opposed to the cooperative�s best interests; and

�� (c) In the case of a criminal proceeding, the individual did not have reasonable cause to believe the individual�s conduct was unlawful.

�� (2) A director�s conduct with respect to an employee benefit plan for a purpose the director reasonably believed to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirement of subsection (1)(b) of this section.

�� (3) Terminating a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or the equivalent of nolo contendere does not, of itself, determine that the director did not meet the standard of conduct described in this section.

�� (4) A cooperative may not indemnify a director under this section in connection with:

�� (a) A proceeding by or in the right of the cooperative in which the director was adjudged liable to the cooperative; or

�� (b) A proceeding that charged the director with and adjudged the director liable for improperly receiving a personal benefit.

�� (5) Indemnification permitted under this section in connection with a proceeding by or in the right of the cooperative is limited to reasonable expenses incurred in connection with the proceeding.

�� (6)(a) A cooperative that provides indemnification to a director in accordance with the cooperative�s articles of incorporation or bylaws may not amend the articles of incorporation or bylaws so as to eliminate or impair the director�s right to indemnification after an act or omission occurs that subjects the director to a proceeding or to liability for which the director seeks indemnification under the terms of the articles of incorporation or bylaws.

�� (b) Notwithstanding the prohibition set forth in paragraph (a) of this subsection, a cooperative may eliminate or impair a director�s right to indemnification if at the time the act or omission occurred the cooperative�s articles of incorporation or bylaws explicitly authorized the cooperative to eliminate or impair the right after an act or omission occurs.

�� (7) If a cooperative indemnifies or advances expenses to a director under this section or ORS 62.466, 62.468 or 62.472 in connection with a proceeding by or in the right of the cooperative, the cooperative shall report the indemnification or advance in writing to the members with or before the notice of the next membership meeting. [1995 c.195 �16; 2011 c.227 �3]

�� 62.465 [1981 c.542 �7; repealed by 1995 c.195 �46]

�� 62.466 Mandatory indemnification of director. Unless limited by its articles of incorporation, a cooperative shall indemnify a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the director was a party because of being a director of the cooperative against reasonable expenses incurred by the director in connection with the proceeding. [1995 c.195 �17]

�� 62.468 Advance for expenses. (1) A cooperative may pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding in advance of final disposition of the proceeding if:

�� (a) The director furnishes the cooperative a written affirmation of the director�s good faith belief that the director has met the standard of conduct described in ORS

ORS 634.700

634.700, by an employee of the school.

�� (16) Prior to applying pesticides to land described in subsection (12)(a)(C) of this section, a public applicator shall inform the person requesting pesticide application of the possible availability of alternative sources of assistance, including sources in the private sector that are registered with the department or with industry trade or professional organizations.

�� (17) A federal, state or local agency, instrumentality, political subdivision, county, city, town, municipal corporation, irrigation, drainage or other district or other federal, state or local governmental body may not solicit or advertise for pesticide application business in areas outside its jurisdiction.

�� (18) Before issuing any pesticide license or certificate, or the renewal thereof, to an employee of an Indian tribe, to a business entity of an Indian tribe or to an employee of a business entity of an Indian tribe, the department shall enter into a mutually acceptable agreement with the Indian tribe or business entity to enable the department to administer and enforce the provisions of this chapter and rules adopted under this chapter with respect to the Indian tribe or business entity. [1973 c.341 �15; 1975 c.304 �11; 1987 c.317 �1; 1987 c.447 �135; 1993 c.599 �1; 2001 c.307 �2; 2005 c.96 �1; 2007 c.258 �9; 2009 c.501 �10; 2015 c.833 �5; 2023 c.45 �2; 2025 c.310 �3]

�� 634.118 Limited exemption for pesticide application using battery-powered device; records. (1) As used in this section, �campus� and �school� have the meanings given those terms in ORS 634.700.

�� (2) Notwithstanding ORS 634.116 (13) and (15)(b), an employee of the agencies, instrumentalities, subdivisions, counties, cities, towns, municipal corporations, districts, governmental bodies, Indian tribes or utilities described in ORS 634.116 (12) is not required to hold a license as a public applicator or a certificate as a public trainee when applying a pesticide using a machine-powered device if:

�� (a) The pesticide is not a restricted-use pesticide;

�� (b) The machine-powered device is powered by an electric battery and holds no more than five gallons of pesticide;

�� (c) The application is not made on the campus of a school; and

�� (d) The employee has completed training as provided in subsection (3) of this section.

�� (3) An employer shall provide training to an employee before the employee uses a machine-powered device for pesticide application as described in subsection (2) of this section. The training must utilize applicable training materials that address the safe:

�� (a) Handling, application and storage of pesticides that are not restricted-use pesticides; and

�� (b) Use of machine-powered devices for pesticide application.

�� (4) An employer shall create and maintain records for each employee that has completed the training described in subsection (3) of this section for the duration of the employee�s employment. The employer shall make the records available to the State Department of Agriculture for inspection upon request.

�� (5) Nothing in this section relieves an employee or employer from complying with any other applicable law or administrative rule pertaining to pesticides. [2025 c.310 �2]

�� Note: 634.118 was added to and made a part of ORS chapter 634 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 634.120 [Repealed by 1953 c.117 �2]

�� 634.122 Applicator license; qualifications; examination; fee. (1) An applicant for a pesticide applicator�s license is entitled to be examined for or to be issued a license or supplements thereto by the State Department of Agriculture, if the applicant:

�� (a) Is at least 18 years of age; and

�� (b) Proves to the satisfaction of the department that the applicant:

�� (A) Has had experience as a pesticide trainee for the minimum period and in the manner prescribed by the department;

�� (B) Has educational qualifications, experience or training which is equal to the minimum standards and requirements established by the department; or

�� (C) Has been licensed in Oregon as a pesticide applicator and actively engaged in such work during the prior license period, as shall be prescribed by the department.

�� (2) An applicant for a pesticide applicator�s license shall be required to demonstrate satisfactorily by written examination or any reexamination given by the department, an adequate knowledge of:

�� (a) The characteristics of pesticides and the effect of their application to particular crops.

�� (b) The practices of application of pesticides.

�� (c) The conditions and times of application of pesticides and the precautions to be taken in connection therewith.

�� (d) The applicable laws and rules relating to pesticides and their application in this state.

�� (e) Integrated pest management techniques, as defined in ORS 634.650, for pest control.

�� (f) Other requirements or procedures which will be of benefit to and protect the pesticide applicator, the persons who use the services of the pesticide applicator and the property of others.

�� (3) Based upon the license application and the request of the applicant, the department may examine the applicant only in any one or more of the classes of pest control or pesticide application businesses established by the department under ORS

ORS 650.123

650.123, that the franchisor requires or required the franchisee or former franchisee to use and the use violated a federal law or a law of this state, unless the franchisee or former franchisee, or an agent or employee of the franchisee or former franchisee willfully or intentionally used the system in violation of federal law or a law of this state. [2025 c.50 �9]

MOTOR FUEL FRANCHISES

�� 650.200 Definitions for ORS 650.200 to 650.250. As used in ORS 650.200 to 650.250, unless the context requires otherwise:

�� (1) �Affiliate� means any person who, other than by means of a franchise, controls, is controlled by or is under common control with any other person.

�� (2) �Company operated station� means a motor fuel service station operated by a franchisor with employees of the franchisor or by a commission manager of the franchisor for the sale of motor fuel to the general public for ultimate consumption.

�� (3) �Contract� means any oral or written agreement. For supply purposes, delivery levels during the same month of the previous year shall be prima facie evidence of an agreement to deliver such levels.

�� (4) �Control� means the direct or indirect ownership of or the right to exercise a directing influence over more than 50 percent of the beneficial interest in any person.

�� (5)(a) �Franchise� means any contract:

�� (A) Between a refiner and a motor fuel distributor;

�� (B) Between a refiner and a motor fuel retailer;

�� (C) Between a motor fuel distributor and another motor fuel distributor; or

�� (D) Between a motor fuel distributor and a motor fuel retailer,

under which a refiner or motor fuel distributor authorizes or permits a motor fuel retailer or motor fuel distributor to use, in connection with the sale, consignment or distribution of motor fuel, a trademark which is owned or controlled by such refiner or motor fuel distributor or by a refiner which supplies motor fuel to the motor fuel distributor which authorizes or permits such use.

�� (b) �Franchise� includes:

�� (A) Any contract under which a motor fuel retailer or motor fuel distributor is authorized or permitted to occupy leased marketing premises, to be employed in connection with the sale, consignment or distribution of motor fuel under a trademark which is owned or controlled by such refiner or motor fuel distributor or by a refiner which supplies motor fuel to the motor fuel distributor which authorizes or permits such occupancy;

�� (B) Any contract pertaining to the supply of motor fuel which is to be sold, consigned or distributed under a trademark owned or controlled by a refiner or motor fuel distributor or under a contract which has existed continuously since May 15, 1973, and pursuant to which, on May 15, 1973, motor fuel was sold, consigned or distributed under a trademark owned and controlled on such date by a refiner or motor fuel distributor; and

�� (C) The unexpired portion of any franchise, as defined in this paragraph, which is transferred or assigned as authorized by the provisions of such franchise or by any applicable provisions of law which permits such transfer or assignment without regard to any provision of the franchise.

�� (6) �Franchise relationship� means the respective motor fuel marketing or distribution obligations and responsibilities of a franchisor and a franchisee which result from the marketing of motor fuel under a franchise.

�� (7) �Franchisee� means a motor fuel retailer or motor fuel distributor who is authorized or permitted under a franchise to use a trademark in connection with the sale, consignment or distribution of motor fuel.

�� (8) �Franchisor� means a refiner or motor fuel distributor who, under a franchise, authorizes or permits a retailer or motor fuel distributor to use a trademark in connection with the sale, consignment or distribution of motor fuel.

�� (9) �Leased marketing premises� means marketing premises owned, leased or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment or distribution of motor fuel.

�� (10) �Marketing premises� means in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with the sale, consignment or distribution of motor fuel.

�� (11) �Motor fuel� means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads and highways.

�� (12) �Motor fuel distributor� means any person, including any affiliate of such person, who:

�� (a) Purchases motor fuel for sale, consignment or distribution to another; or

�� (b) Receives motor fuel on consignment for distribution to the distributor�s own motor fuel accounts or to accounts of the distributor�s supplier, but shall not include a person who is an employee of, or merely serves as a common carrier providing transportation service for, such supplier or who receives motor fuel on consignment for sale to the general public for ultimate consumption.

�� (13) �Motor fuel retailer� means any person who purchases motor fuel for sale to the general public for ultimate consumption.

�� (14) �Refiner� means any person engaged in the refining of crude oil to produce motor fuel, and includes any affiliate of such person. [1987 c.917 �1]

�� 650.205 Prohibited conduct by franchisor. Notwithstanding the terms of any franchise, a franchisor shall not:

�� (1) Require any franchisee to meet unreasonable mandatory minimum sales volume requirements for fuel or other products;

�� (2) Alter the franchise premises during the effective term of the franchise without the consent of the franchisee. This subsection does not apply to alterations required by law;

�� (3) Interfere with any franchisee�s right to assistance of counsel on any matter or to join or be active in any trade association;

�� (4) Set or compel, directly or indirectly, the retail price at which the franchisee sells motor fuel or other products; and

�� (5)(a) With respect to credit cards issued by the franchisor, chargeback any credit card invoice to a motor fuel franchisee unless the franchisor provides the cardholder�s last-known address, the reason for chargeback, a refund or credit for any credit card handling fee collected on the transaction by the franchisor from the franchisee, and the original invoice of the credit card charge or the legal equivalent if the franchisor has previously received the invoice or a copy thereof. The cardholder�s address need not be provided if the chargeback is based on any alleged unlawful, fraudulent or deceptive act of the franchisee or an employee of the franchisee, or if the cardholder claims no legal responsibility for payment of the charge because it involved the unauthorized use of a credit card.

�� (b) The terms and conditions governing a motor fuel franchisee�s acceptance of a franchisor issued credit card, including the reasons for which a chargeback may be made, shall be established in writing and a copy thereof provided to the franchisee. The franchisor or its agent shall provide at least 30 days� prior written notice to a franchisee before implementing any change to previously disclosed terms and conditions if such change may increase the franchisee�s cost of accepting the franchisor issued credit card or if such change adds to or amends the reasons for which a chargeback may occur.

�� (c) No credit card invoice for a franchisor issued credit card shall be charged back after 90-days from the date a charge invoice was submitted to the franchisor, except that a chargeback may be made beyond the 90-day period if the cardholder or franchisor alleges fraudulent or other unlawful actions by the franchisee or an employee thereof in making the sale, or if the cardholder refuses payment to the franchisor pursuant to rights granted under section 170 of the Federal Truth-in-Lending Act (15 U.S.C. 1666i), or any rule issued under section 5 of the Federal Trade Commission Act (15 U.S.C. 46), unless the cardholder�s refusal to pay is the fault of the franchisor. [1987 c.917 �5]

�� 650.210 Rights and prohibitions governing relationship between franchisor and franchisee. Without limiting the other provisions of ORS 650.200 to 650.250, the following specific rights and prohibitions shall govern the relationship between the franchisor and the franchisee. It shall be unlawful and a violation of ORS 650.200 to 650.250 for any franchisor to:

�� (1) Require a franchisee to purchase or lease goods or services of a franchisor or from approved sources of supply unless and to the extent that the franchisor satisfies the burden of proving that such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified on business grounds, and do not substantially affect competition. This subsection does not apply to the initial inventory of the franchise. A determination of whether such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified on business grounds and do not substantially affect competition shall be guided by the decisions of the courts of the United States in interpreting and applying the antitrust laws of the United States.

�� (2) Sell, rent or offer to sell or rent to a franchisee any product, service or property at a price not set in good faith as defined in ORS 71.2010 (2)(u).

�� (3) Require a franchisee to assent to a release, assignment, novation or waiver which would relieve any person from liability imposed by ORS 650.200 to 650.250.

�� (4) Refuse to renew a franchise without fairly compensating the franchisee for the fair market value at the time of expiration of the franchise of the franchisee�s resalable inventory, supplies, equipment and furnishings purchased from the franchisor, not including personalized materials that have no value to the franchisor and inventory, supplies, equipment and furnishings not reasonably required in the conduct of the franchise business. A franchisor may offset against amounts owed to a franchisee under this subsection any amounts owed by such franchisee to the franchisor.

�� (5) Impose on a franchisee by contract, rule or regulation, whether written or oral, any standard of conduct unless the person so doing can sustain the burden of proving the standard of conduct to be reasonable. [1987 c.917 �9; 2009 c.181 �107; 2025 c.33 �105]

�� 650.215 Prohibited conduct in offer, sale or purchase of franchise. It is unlawful for any person in connection with the offer, sale or purchase of any franchise directly or indirectly:

�� (1) To sell or offer to sell a franchise in this state by means of any written or oral communication which includes an untrue statement of a material fact.

�� (2) To employ any device, scheme or artifice to defraud.

�� (3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person. [1987 c.917 �10]

�� 650.220 Consent of franchisor to sale, assignment or transfer of franchise; conditions for trial franchise. (1) Notwithstanding the terms of any franchise, a franchisor shall not prohibit or unreasonably withhold its consent to any sale, assignment or other transfer of the franchise by a franchisee to a qualified third party.

�� (2) If the franchisor consents to the proposed sale, assignment or other transfer and the proposed third party has not previously been a party to a franchise with the franchisor, the franchisor at its option may require the third party to accept in lieu of the assigned franchise a trial franchise as defined in The Petroleum Marketing Practices Act, (15 U.S.C. 2803), on the terms and conditions then generally being extended by the franchisor to similarly situated franchisees. Entry into the trial franchise shall terminate the franchise proposed to be sold, assigned or transferred. [1987 c.917 �2]

�� 650.225 Death of franchisee; when franchisor required to enter into new franchise with designee of franchisee; notice; qualifications; possession of franchise premises. (1) Following the death of a motor fuel retailer franchisee and notwithstanding the terms of the franchise, the franchisor, in the case of leased marketing premises, shall enter into a new franchise with the designee of the motor fuel retailer franchisee on the terms and conditions then generally being extended by the franchisor to similarly situated motor fuel retailers if:

�� (a) Prior to the death of a motor fuel retailer franchisee, the motor fuel retailer franchisee notifies the franchisor in writing of the designee, who shall be the surviving spouse, adult child, or adult stepchild of the motor fuel retailer franchisee or in the absence of a designation, the motor fuel retailer franchisee�s surviving spouse, if any;

�� (b) At the time of the motor fuel retailer franchisee�s death, the designee meets the qualifications then being required by the franchisor for its motor fuel retailer franchisees; and

�� (c) Within 10 days following the motor fuel retailer franchisee�s death, the designee enters into a new franchise with the franchisor on the terms and conditions then generally being extended by the franchisor to similarly situated motor fuel retailer franchisees, except that for the part of the term of the new lease equal to the unexpired portion of decedent franchisee�s prior lease, the rent shall be the same as under the prior lease.

�� (2) Until the designee enters into a new franchise as provided in subsection (1) of this section, the franchisor shall be entitled to possess and to operate the marketing premises for the franchisor�s own account. [1987 c.917 �3]

�� 650.230 Transfer of franchise to corporation in which franchisee has controlling interest; conditions. Notwithstanding the terms of any franchise, no franchisor may prohibit or prevent the sale, assignment or other transfer of a franchise to a corporation in which the franchisee has and maintains a controlling interest if the franchisee offers in writing personally to guarantee the performance of the obligations under the franchise. In the event of a sale, assignment or transfer under this section, the franchisor may require the corporation to assume in writing all of the franchisee�s obligations to the franchisor under the franchise and may require the franchisee to maintain a controlling interest in the corporation and actively operate the marketing premises during the time that the franchise with the corporation continues. [1987 c.917 �4]

�� 650.235 Franchisor prohibited from requiring operation of service station in excess of 16 hours per day; exceptions. (1) A franchisor, as a condition for renewal of a franchisee lease or a supply agreement, shall not require a franchisee to operate a service station for the sale of motor fuel to the public for ultimate consumption in excess of 16 hours per day.

�� (2) This section shall not apply:

�� (a) If specific hours of business or operation are required under the franchisor�s prime lease or license from any governmental entity, airport, parking, marine or port authority, shopping center or any private investor not affiliated with or controlled by the franchisor;

�� (b) If the service station is located within one-fourth mile of access to any limited access highway of the federal highway system;

�� (c) To hours of operation exceeding 16 hours per day that have been agreed upon by the franchisor and the franchisee; or

�� (d) If the franchisor uniformly requires a 24-hour operation by all of its franchisees. [1987 c.917 �7]

�� 650.240 When transfer of motor fuel a sale in commerce. For purposes of ORS 646.040, the transfer of motor fuel from a franchisor to a company operated station or a franchisee shall be a sale in commerce. [1987 c.917 �6]

�� 650.245 Principle of good faith. Without limiting the other provisions of ORS 650.200 to 650.250, the principle of good faith shall govern the relationship and dealings of the parties with each other. [1987 c.917 �8]

�� 650.250 Injunctive relief or damages; limitation on commencement of action; attorney fees. (1) Any person who is injured in the person�s business or property by reason of a violation of ORS 650.200 to 650.250 may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, for injunctive relief or to recover the damages sustained by the person. Any action brought pursuant to this section shall be commenced within four years after the cause of action accrued. Except as provided in subsection (2) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

RECREATIONAL VEHICLE FRANCHISES

�� 650.300 Definitions for ORS 650.300 to 650.480. As used in ORS 650.300 to 650.480:

�� (1) �Area of sales responsibility� means the geographic area for which a grantor has granted a dealer the exclusive right to sell recreational vehicles manufactured or distributed by the grantor.

�� (2) �Camper� has the meaning given that term in ORS 801.180.

�� (3) �Consumer� means a purchaser or lessee, other than for purposes of resale, of a product.

�� (4) �Dealer� means a person that:

�� (a) Is certified under ORS 822.020 as a vehicle dealer in this state; and

�� (b) Sells or leases recreational vehicles to the motoring public in this state.

�� (5) �Dealership agreement� means a written agreement pursuant to which a grantor grants a dealer the right:

�� (a) To sell or lease recreational vehicles or recreational vehicle services offered by the grantor; or

�� (b) To use a trade name, trademark, service mark, logo or other commercial symbol in the sale or distribution of recreational vehicles offered by the grantor.

�� (6) �Distributor� means a person that purchases new recreational vehicles for resale to a dealer.

�� (7) �Family� means:

�� (a) A parent, sibling, spouse, child, nephew, niece or grandchild of a dealer if the dealer is an individual; or

�� (b) The spouse of the dealer�s parent, sibling, child, nephew, niece or grandchild.

�� (8) �Fifth wheel hitch� has the meaning given that term in ORS 801.275.

�� (9) �Grantor� means a manufacturer or distributor of recreational vehicles.

�� (10) �Line make� means new recreational vehicles that:

�� (a) A grantor or dealer offers for sale, lease or distribution under the grantor�s trade name, trademark, service mark, logo or other commercial symbol;

�� (b) Are intended for sale or lease to a specific segment of the motoring public based upon the vehicles� decor, equipment, features, price, size and weight;

�� (c) Have bodies, chassis and frames that, in the view of the motoring public, place the recreational vehicles in the same distinct class of recreational vehicle;

�� (d) Have lengths and interior floor plans that distinguish the recreational vehicles from recreational vehicles with substantially the same decor, equipment, features, price and weight; and

�� (e) A dealership agreement authorizes a dealer to sell or lease.

�� (11) �Manufacturer� means a person engaged in the manufacture of new recreational vehicles.

�� (12) �Motor home� has the meaning given that term in ORS 801.350.

�� (13) �Net invoice cost� means the price a dealer paid for a product, less any rebate or discount, plus taxes the dealer paid on the product and any sums the dealer paid to transport the product to the dealer.

�� (14) �Product� means a recreational vehicle or an accessory, part, equipment, machine, tool or sign of or for a recreational vehicle.

�� (15) �Proprietary part or accessory� means a part or accessory of or for a recreational vehicle manufactured by or for a grantor and sold to dealers only by the grantor.

�� (16) �Recreational vehicle� means a vehicle with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes, including but not limited to a travel trailer, trailer towed with a fifth wheel hitch, camper, camping trailer, fold-up camping trailer, pop-up, tent camper, truck camper and motor home. �Recreational vehicle� does not include a bus as defined in ORS 184.675 with a chassis length of not less than 35 feet that has been converted into a motor coach.

�� (17) �Travel trailer� has the meaning given that term in ORS 801.565.

�� (18) �Warrantor� means a person that makes a warranty.

�� (19) �Warranty� means a warranty made to a consumer for a new product, without charge, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor or other remedial measures such as repair or replacement. �Warranty� does not include a service contract, insurance or extended warranty sold for separate consideration by a dealer or other person not under the control of a manufacturer. [2003 c.377 �1]

�� Note: The definition of �bus� in 184.675 was deleted by amendment by section 14, chapter 15, Oregon Laws 2020 (first special session). The text of 650.300 was not amended by enactment of the Legislative Assembly to reflect the deletion. Editorial adjustment of 650.300 for the deletion of the definition has not been made.

�� 650.310 Good cause; determination. When determining whether good cause exists for an action, a person shall consider:

�� (1) Concerning the dealer affected by the action:

�� (a) The extent of the dealer�s sales and leases of recreational vehicles in the area of sales responsibility;

�� (b) The nature and extent of the dealer�s investment in the dealer�s business;

�� (c) Whether the dealer�s service facilities, equipment, parts, supplies and personnel are adequate to carry out the responsibilities assigned to the dealer in the dealership agreement;

�� (d) The extent and quality of the warranty service performed by the dealer; and

�� (e) The extent to which the dealer performed the obligations imposed by the dealership agreement.

�� (2) The economic effect the action may have on communities located within the affected dealer�s area of sales responsibility. [2003 c.377 �2]

�� 650.320 Dealership agreement. (1) A dealership agreement shall:

�� (a) Contain a provision that the law of this state governs the agreement;

�� (b) Assign the dealer an area of sales responsibility;

�� (c) If the dealer is an individual, include the designation of a member of the dealer�s family to succeed to the dealer�s interests in the dealer�s business and dealership agreement upon the dealer�s death, incapacity or retirement; and

�� (d) Inform the dealer of the dealer�s obligations:

�� (A) To perform warranty service;

�� (B) To prepare products for delivery to the consumer; and

�� (C) To deliver products to the consumer.

�� (2) Upon a dealer�s request, a grantor shall reconsider the scope of the dealer�s area of sales responsibility once a year.

�� (3) During the term of a dealership agreement, a grantor may not:

�� (a) Change the dealer�s area of sales responsibility; or

�� (b) Authorize another dealer to sell or lease the same line make in the area of sales responsibility.

�� (4) Subsection (3)(b) of this section does not apply if:

�� (a) Good cause exists to authorize another dealer in the same area of sales responsibility; and

�� (b) The area of sales responsibility will support the existing dealer and the new dealer. [2003 c.377 �3]

�� 650.330 Comparable terms and conditions; grantor sales to public. (1) As used in this section, �terms and conditions� includes rebates, discounts or any other program that may affect the ultimate price of a product.

�� (2) If dealers compete for the sale or lease of recreational vehicles to the motoring public, a grantor shall offer to sell products to the dealers at the same prices and on the same terms and conditions.

�� (3) A grantor may not sell a recreational vehicle to the motoring public. [2003 c.377 �4]

�� 650.340 Termination, cancellation or failure to renew; notice; grounds. (1) Without good cause, a grantor may not:

�� (a) Terminate, cancel or fail to renew a dealership agreement.

�� (b) During the term of a dealership agreement, take an action that has a substantial adverse effect on a dealer�s ability to sell or lease recreational vehicles, including changing the dealer�s area of sales responsibility.

�� (2) A grantor shall give a dealer at least 120 days� written notice of termination or cancellation of or failure to renew the dealer�s dealership agreement.

�� (3) In a notice of termination, cancellation or failure to renew, the grantor shall state:

�� (a) The reasons for the termination, cancellation or failure to renew;

�� (b) That the dealer has 30 days from the dealer�s receipt of the notice to notify the grantor in writing of the dealer�s intent to cure any deficiencies that formed the basis for the termination, cancellation or failure to renew;

�� (c) That, if the dealer notifies the grantor as provided in paragraph (b) of this subsection, the dealer has 120 days from the dealer�s receipt of the notice of termination, cancellation or failure to renew within which to cure the deficiencies;

�� (d) That, upon a written request by the dealer showing good cause for an extension of the 120-day period, the grantor may give the dealer up to an additional 60 days within which to cure the deficiencies; and

�� (e) That, if the dealer cures the deficiencies, the grantor will rescind the notice of termination, cancellation or failure to renew.

�� (4) If a dealer that notifies a grantor of the dealer�s intent to cure the deficiencies on which a grantor based a termination, cancellation or failure to renew cures the deficiencies within the time prescribed by the grantor, the grantor shall rescind the notice of termination, cancellation or failure to renew.

�� (5) Subsections (2) to (4) of this section do not apply if the reason for the termination, cancellation or failure to renew is the dealer�s bankruptcy, insolvency or assignment of assets for the benefit of creditors.

�� (6) Notwithstanding subsection (2) of this section, a termination or cancellation of or failure to renew a dealership agreement:

�� (a) Takes effect 30 days after the dealer receives notice of termination, cancellation or failure to renew and the grounds for termination, cancellation or failure to renew is:

�� (A) A felony conviction of the dealer or a principal owner of the dealer;

�� (B) The closing of the dealership for 10 consecutive business days, except if the closing is due to:

�� (i) An act of God;

�� (ii) A strike, lockout or other labor dispute;

�� (iii) A scheduled seasonal or holiday closing; or

�� (iv) A cause over which the dealer has no control; or

�� (C) Suspension or revocation of or failure to renew the dealer�s certificate under ORS 822.020.

�� (b) Takes effect 31 days after the dealer receives the notice of termination, cancellation or failure to renew if:

�� (A) The dealer did not notify the grantor as provided in subsection (3)(b) of this section; and

�� (B) On the 31st day after receiving the notice of termination, cancellation or failure to renew, the dealer does not possess new recreational vehicles from the grantor that the dealer has not sold or leased to a consumer.

�� (7) A dealer may cancel a dealership agreement by giving 30 days� written notice of cancellation to the grantor. [2003 c.377 �5]

�� 650.350 Dealer�s rights upon termination, cancellation or failure to renew. (1) Upon the termination or cancellation of or failure to renew a dealership agreement by the grantor, the grantor shall, at the dealer�s request and within 30 days of the termination, cancellation or failure to renew, purchase from the dealer:

�� (a) All new recreational vehicles that the dealer purchased from the grantor within 12 months prior to the effective date of the termination, cancellation or failure to renew and for which a consumer has not obtained a title as defined in ORS

ORS 650.130

650.130.

�� (e) Whether the manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s successor in interest, canceled, terminated or refused to continue a franchise without good cause under ORS 650.140.

�� (f) Whether there will be an unjustifiable adverse effect upon existing dealers because of the grant of the new franchise or the relocation of an existing franchise. For purposes of this paragraph, the court may consider all factors that the court determines relevant, but in any case shall consider the following factors:

�� (A) The extent, nature and permanency of the investment of the existing motor vehicle dealers and the proposed motor vehicle dealer.

�� (B) The effect on the retail motor vehicle business in the relevant market area.

�� (C) The growth or decline in population and in new motor vehicle registrations in the relevant market area.

�� (g) The effect on consumers in the relevant market area. For purposes of this paragraph, the court may consider all factors that the court determines relevant, but in any case shall consider the following factors in the relevant market area:

�� (A) The adequacy and convenience of existing motor vehicle sales facilities and service facilities.

�� (B) The supply of motor vehicle parts and qualified service personnel.

�� (C) The existence of competition among existing dealers.

�� (5)(a) Notwithstanding subsection (4) of this section, good cause as used in this section shall be deemed to exist without consideration of any other factors when a dealer or former dealer�s franchise was canceled, terminated or not continued for any reason other than good cause pursuant to the terms of the franchise agreement or as a result of the manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s successor in interest, having breached the terms of the franchise agreement.

�� (b) A manufacturer, distributor or importer, or a manufacturer�s, distributor�s or importer�s successor in interest, enjoined for good cause under this subsection shall offer the franchise sought to be granted or relocated to the dealer or former dealer whose franchise was canceled, terminated or not continued. The dealer or former dealer shall have 60 days within which to accept or reject the offer required under this paragraph. Only after a dealer or former dealer has declined, rejected or failed to respond to the offer required under this paragraph, may the manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s successor in interest, offer to grant the franchise to another dealer or replacement dealer or relocate an existing motor vehicle dealership.

�� (6) A manufacturer, distributor or importer must give a dealer or former dealer at least 60 days� written notice prior to franchising a new dealership of the same line-make or authorizing the relocation of another dealership of the same line-make within the relevant market area of the dealer�s or former dealer�s dealership. Notice under this subsection must be given to all dealers and former dealers of the same line-make within the relevant market area of the site of the proposed new or relocated dealership.

�� (7) If a dealer or former dealer enjoins or files an action to enforce rights arising under this section against a manufacturer, distributor or importer, or a manufacturer�s, distributor�s or importer�s successor in interest, the manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s successor in interest, shall pay the dealer�s or former dealer�s court costs and attorney fees if the dealer or former dealer prevails regardless of whether a new dealership was actually established. [1980 c.3 �4; 1985 c.67 �1; 1993 c.216 �2; 1999 c.660 �3; 2009 c.627 �5]

�� 650.153 Liability of franchisor for repair of motor vehicle that becomes inoperative prior to sale to consumer. (1) If a new motor vehicle becomes inoperative prior to being sold to a consumer, the franchisor is liable for the repair of the motor vehicle if the motor vehicle is inoperative due to a mechanical failure that is not the result of negligence on the part of the franchisee.

�� (2) Whenever a new motor vehicle becomes inoperative, the franchisee shall notify the franchisor and request authorization from the franchisor to repair the vehicle.

�� (3) If the franchisor refuses or fails to authorize repair of the inoperative motor vehicle within 30 business days after receiving notice under subsection (2) of this section, ownership of the new motor vehicle shall revert back to the franchisor, and the franchisee shall have no obligation, financial or otherwise, with respect to the motor vehicle.

�� (4) If the franchisor is unable to deliver to the franchisee the parts needed to repair an inoperative new motor vehicle within 30 business days after receiving notice under subsection (2) of this section, ownership of the new motor vehicle shall revert to the franchisor, and the franchisee shall have no obligation, financial or otherwise, with respect to the motor vehicle. [1999 c.660 �8; 2005 c.22 �453]

�� 650.155 Liability of manufacturer for damages to vehicles before delivery to carrier. (1) Notwithstanding the terms of any franchise, the manufacturer is liable for any and all damage to new motor vehicles before delivery to a carrier or transporter.

�� (2) Whenever a new motor vehicle is damaged in transit, the dealer shall:

�� (a) Notify the manufacturer of the damage within three business days from the date of delivery to the dealer or within any additional time as specified in the franchise; and

�� (b) Request from the manufacturer authorization to replace the components, parts and accessories damaged or to otherwise repair the damage.

�� (3) If the manufacturer refuses or fails to authorize repair of any damage within 10 days after receipt of notification under subsection (2) of this section, or within any additional time as specified in the franchise, ownership of the new motor vehicle shall revert to the manufacturer, and the new motor vehicle dealer shall have no obligation, financial or otherwise, with respect to the motor vehicle.

�� (4) A manufacturer shall disclose in writing to a dealer, at the time of delivery of a new motor vehicle, the nature and extent of any and all damage and post-manufacturing repairs.

�� (5) If the total value of repairs to a new motor vehicle by the manufacturer�s authorized agent and a dealer equals or exceeds the amount specified under subsection (6) of this section, the manufacturer may either repurchase the motor vehicle from the dealer, or provide reasonable and adequate compensation to the dealer to assist in sale or disposition of the new motor vehicle, as long as the dealer has complied with all other contractual agreements with regard to damaged vehicles. If the manufacturer repurchases the motor vehicle, the dealer shall have no obligation, financial or otherwise, with respect to the motor vehicle.

�� (6) A dealer shall disclose, in writing, to a purchaser of the new motor vehicle prior to entering into a sales contract that the new motor vehicle has been damaged and repaired if the damage to the new motor vehicle exceeds $1,000, as calculated at the rate of the dealer�s authorized warranty rate for labor and parts. Replacement of glass, tires, bumpers or any comparable nonwelded component is not considered damage and repair for purposes of this section. For purposes of this subsection, �comparable nonwelded component� does not include a fender, hood, trunk lid or door. [1989 c.716 �3; 1999 c.660 �4; 2003 c.411 �3; 2009 c.627 �2]

�� 650.158 Predelivery preparation and warranty service; notice to dealers; schedule of compensation; determination; claims by dealers; audits of dealers� claims. (1) Each manufacturer, distributor or importer shall specify in writing to each of the manufacturer�s, distributor�s or importer�s dealers in this state:

�� (a) The dealer�s obligations for predelivery preparation and warranty service on the manufacturer�s, distributor�s or importer�s motor vehicles;

�� (b) The schedule of compensation the manufacturer, distributor or importer will pay the dealer for diagnostic work, repair service, parts and labor in connection with predelivery preparation and warranty service; and

�� (c) The time allowances for performing predelivery preparation and warranty service.

�� (2)(a) A schedule of compensation must include reasonable compensation for diagnostic work, repair service, parts and labor and must reasonably, adequately and fairly compensate the dealer for the work, service, parts and labor. Time allowances for diagnosing and performing predelivery and warranty service must be reasonable and adequate for the work to be performed. A manufacturer, distributor or importer may not pay an hourly rate to a dealer that is less than the rate the dealer charges nonwarranty customers for nonwarranty service and repairs. Reimbursement for parts, other than parts used to repair the living facilities of motor homes, that the dealer purchases for use in performing predelivery and warranty service must be the amount the dealer charges nonwarranty customers, as long as the amount is not unreasonable.

�� (b)(A) For purposes of this subsection and subject to subparagraphs (B) to (D) of this paragraph, to determine compensation under this subsection, a dealer shall propose an hourly rate and an amount for parts that the dealer charges nonwarranty customers by submitting to the manufacturer, distributor or importer copies of 100 sequential nonwarranty service repair invoices that customers paid or 90 consecutive days� worth of nonwarranty service invoices that customers paid, whichever is less, for repairs the dealer made not more than 180 days before the dealer�s submission. If the manufacturer, distributor or importer does not contest the dealer�s proposal and the dealer otherwise complies with the provisions of this paragraph, the dealer�s proposal is presumed to be fair and reasonable.

�� (B) A manufacturer, distributor or importer may contest the dealer�s proposal with evidence that the dealer�s proposal is not accurate or on the basis that the dealer�s proposal does not reasonably conform with the hourly rate or the amount for parts that other dealers charge nonwarranty customers in the same line-make in market areas that are contiguous to the dealer�s market area or with other relevant evidence. In contesting a dealer�s proposal based on evidence from other dealers in the contiguous market area, a manufacturer, distributor or importer shall rely on evidence from at least three other dealers in the contiguous market area or three dealers in an economically similar market within the manufacturer�s, distributor�s or importer�s region.

�� (C) A manufacturer, distributor or importer shall use time allowances that are reasonable and adequate for a qualified technician to make a diagnosis and perform work or service. The manufacturer, distributor or importer may not unreasonably deny a written request from a dealer for a modification of the manufacturer�s, distributor�s or importer�s time allowance for a specific warranty repair, or for an additional time allowance for diagnostic work or repair work on a specific vehicle that is covered by a warranty, if the dealer includes with the request information and documentation that the manufacturer, distributor or importer reasonably requires to assess the merits of the request.

�� (D) A dealer may not include in a proposal described in subparagraph (A) of this paragraph:

�� (i) Repairs for a manufacturer�s, distributor�s or importer�s specials, special events or promotional discounts for retail customer repairs;

�� (ii) Parts sold at wholesale;

�� (iii) Routine maintenance that a retail customer warranty does not cover, such as fluids, filters and belts that a dealer uses in performing work other than repairs;

�� (iv) Nuts, bolts, fasteners and similar items that do not have an individual part number; and

�� (v) Vehicle reconditioning.

�� (c) A dealer�s proposal under paragraph (b)(A) of this subsection becomes effective 30 days after the manufacturer, distributor or importer approves the hourly rate or the amount for parts. For purposes of this paragraph, a manufacturer, distributor or importer approves the dealer�s proposal if the manufacturer, distributor or importer does not contest the proposed hourly rate or amount for parts within 30 days after the dealer submits the proposal.

�� (d) If a manufacturer, distributor or importer contests a dealer�s proposal, the manufacturer, distributor or importer shall propose an adjustment to the dealer�s proposal not later than 30 days after the dealer submits the dealer�s proposal.

�� (e) Not more than once per year, a manufacturer, distributor or importer may verify the dealer�s hourly rate or the amount for parts the dealer charges nonwarranty customers and a dealer may propose an increase in the manner provided in paragraph (b)(A) of this subsection in the hourly rate or the amount the dealer charges for parts. If the manufacturer, distributor or importer finds that the dealer�s hourly rate or the amount for parts has decreased, the manufacturer, distributor or importer may reduce the dealer�s compensation under this subsection prospectively. If the manufacturer, distributor or importer does not contest the dealer�s proposed increase in the manner provided in paragraph (b)(B) of this subsection, the increase becomes effective as provided in paragraph (c) of this subsection.

�� (3) A manufacturer, distributor or importer shall include, in written notices of vehicle recalls to motor vehicle owners and dealers, the expected date by which necessary parts and equipment will be available to the dealers to correct the defect or defects. A manufacturer, distributor or importer shall adequately compensate a dealer for repair service the dealer performs under the recall.

�� (4) A manufacturer, distributor or importer shall:

�� (a) Pay or credit a dealer for labor or parts the dealer claims under this section within 30 days after approving the dealer�s claim;

�� (b) Approve or disapprove, in the manner the manufacturer, distributor or importer specifies, all claims that a dealer makes for labor or parts within 30 days after receiving the claim;

�� (c) Allow a dealer to correct and resubmit a claim for labor or parts within 30 days after receiving the manufacturer�s, distributor�s or importer�s disapproval;

�� (d) Treat as approved any claim, or resubmission of a corrected claim, that a manufacturer, distributor or importer did not approve or disapprove within 30 days after the manufacturer, distributor or importer received the claim or resubmission and pay or credit the dealer for the claim within 60 days after receiving the claim or resubmission; and

�� (e) Notify the dealer in writing of the manufacturer�s, distributor�s or importer�s grounds for disapproving a claim.

�� (5) A manufacturer, distributor or importer may:

�� (a) Require reasonable documentation as substantiation for a dealer�s claim under this section;

�� (b) Audit a dealer�s claim under this section within one year after the date on which the manufacturer, distributor or importer paid the claim; and

�� (c) Charge back a dealer�s claim under this section that is unsubstantiated, false or fraudulent.

�� (6) A manufacturer, distributor or importer may not:

�� (a) Recover all or a portion of cost of compensating a dealer for warranty parts or service by reducing the amount due a dealer or by imposing a separate charge, surcharge, administrative fee or other fee.

�� (b) Deny or charge back a dealer�s claim solely because a dealer failed to comply with a specific claim processing procedure because of a clerical or administrative error that does not affect the legitimacy of the dealer�s claim, if the dealer resubmits the claim in compliance with the manufacturer�s, distributor�s or importer�s claim processing procedure within 45 days after the manufacturer, distributor or importer initially denies or charges back the claim.

�� (c) Deny a dealer�s claim solely because an owner who brought a motor vehicle to the dealer for a repair under warranty drove the motor vehicle for additional miles while awaiting service or a repair that the dealer could not complete because parts for the service or repair were not available.

�� (d) Reduce a payment for a dealer�s claim solely on the basis of a national market norm or market average.

�� (e) Limit or restrict the number of repairs a motor vehicle owner may obtain from a dealer on the basis of a national index or average of failure rates for the motor vehicle.

�� (7)(a) Except as provided in paragraph (b) of this subsection, if a manufacturer, distributor or importer supplies a part to a dealer for the purpose of replacing the part or making a repair under warranty to a motor vehicle in the manufacturer�s, distributor�s or importer�s line-make, but the manufacturer, distributor or importer does not sell the part to the dealer, the manufacturer, distributor or importer shall compensate the dealer at the equivalent of the dealer�s average percentage markup on the part as if the manufacturer, distributor or importer had sold the part to the dealer at the price listed for the part in the manufacturer�s, distributor�s or importer�s current parts catalog.

�� (b) The requirement set forth in paragraph (a) of this subsection does not apply to entire engine assemblies, propulsion engine assemblies, entire transmission assemblies or electric batteries. If the manufacturer, distributor or importer supplies the dealer with an assembly or battery described in this paragraph but does not sell the assembly or battery to the dealer, the manufacturer, distributor or importer shall compensate the dealer in an amount that is equivalent to 30 percent of what the dealer would have paid for the assembly or battery had the manufacturer, distributor or importer sold the assembly or battery to the dealer at the price listed in the manufacturer�s, distributor�s or importer�s current parts catalog. [1991 c.609 �3; 1999 c.660 �5; 2013 c.329 �3; 2015 c.584 �4; 2025 c.50 �5]

�� 650.160 [1980 c.3 �5; repealed by 1991 c.609 �4]

�� 650.161 Compensation for repairs to vehicles subject to recall; claims for compensation; prohibited practices; exclusivity of remedy. (1) As used in this section:

�� (a) �Do not drive order� means a notice in which a manufacturer advises owners of a vehicle not to drive the vehicle until the owner has obtained a repair for a safety defect in the vehicle.

�� (b) �Stop sale order� means a notice in which a manufacturer prohibits a franchisee from leasing or selling at wholesale or retail a vehicle in the franchisee�s inventory because of a federal recall for a safety defect or a failure to comply with a federal safety standard or a federal emissions standard.

�� (c) �Valuation� means the average trade-in value shown in an independent third-party guide for the year, make and model of a vehicle.

�� (2) A manufacturer shall compensate the manufacturer�s franchisees for all labor and parts the manufacturer requires the franchisees to use to perform repairs on vehicles that are subject to a recall. The manufacturer shall compensate franchisees in accordance with the standards and process for compensation set forth in ORS 650.158.

�� (3)(a) Subject to the conditions set forth in paragraphs (b) and (c) of this subsection, a manufacturer shall compensate a dealer at a prorated rate of least 1.5 percent of the valuation of a vehicle that is subject to a recall during each month in which the dealer holds the vehicle for sale while awaiting parts or a remedy that is necessary to repair or service the vehicle.

�� (b) The manufacturer shall pay the compensation described in paragraph (a) of this subsection:

�� (A) If the vehicle is subject to a federal recall for a safety defect or a failure to comply with a federal safety standard or a federal emissions standard;

�� (B) If the manufacturer issued a do not drive order or stop sale order for the vehicle;

�� (C) If the manufacturer has authorized the dealer to sell and service new vehicles of the same line-make as the vehicle that is subject to the recall;

�� (D) If the dealer had the vehicle in the dealer�s inventory at the time the manufacturer issued the do not drive order or stop sale order or if the dealer received the vehicle as a trade-in as part of a consumer�s purchase of another vehicle after the manufacturer issued the do not drive order or stop sale order;

�� (E) If a part or remedy necessary to repair or service the vehicle is not reasonably available within 30 days after the manufacturer issued an initial recall notice; and

�� (F) For a period that begins 30 days after the date on which the manufacturer issued the do not drive order or stop sale order and that ends on the earlier of the following dates:

�� (i) The date on which the manufacturer makes available to the dealer a part or remedy that is necessary to repair the vehicle that is subject to the recall; or

�� (ii) The date on which the dealer sells, trades or otherwise disposes of the vehicle that is subject to the recall.

�� (c) A manufacturer may direct the manner and method by which a dealer must demonstrate that the dealer had a vehicle that was subject to a recall in the dealer�s inventory as required under paragraph (b)(D) of this subsection. The manufacturer may not require a demonstration that is unreasonable or unduly burdensome or require information that is unreasonably or unduly burdensome for the dealer to provide.

�� (d) This subsection does not require a manufacturer to provide total compensation to a dealer that exceeds the valuation of a vehicle that is subject to a recall.

�� (4) A claim for compensation that a franchisee makes under subsection (2) of this section or that a dealer makes under subsection (3) of this section is subject to the same requirements and limitations to which a claim for compensation under ORS

ORS 652.990

652.990�� Criminal penalties

HOURS OF LABOR

�� 652.010 Declaration of public policy concerning maximum working hours in certain industries. (1) It is the public policy of this state that no person shall be hired, nor permitted to work for wages, under any conditions or terms, for longer hours or days of service than is consistent with the person�s health and physical well-being and ability to promote the general welfare by the person�s increasing usefulness as a healthy and intelligent citizen.

�� (2) It hereby is declared that the working of any person more than 10 hours in one day in any mill, factory or other manufacturing establishment or the working of any person more than eight hours, exclusive of one hour, more or less, in one day, or more than 48 hours in one workweek, as defined in ORS 652.020, in sawmills, planing mills, shingle mills and logging camps is injurious to the physical health and well-being of such person, and tends to prevent the person from acquiring that degree of intelligence that is necessary to make the person a useful and desirable citizen of the state. [Amended by 2017 c.685 �13]

�� 652.020 Maximum working hours in certain industries; overtime hours and pay; exemptions; penalties. (1) As used in this section:

�� (a) �Machinery� means material-handling equipment and power-driven machines powered by electricity, nuclear or fossil fuels, hydroelectric power, geothermal power or another power source other than by human hand, foot or breath.

�� (b) �Manufacturing� means the process of using machinery to transform materials, substances or components into new products.

�� (c) �Manufacturing establishment� means an establishment engaged in manufacturing.

�� (d) �Perishable product� means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. �Perishable product� includes agricultural crops, meat and fish.

�� (e) �Undue hardship period� means the period of time during which perishable product must be processed after harvesting, slaughter or catch.

�� (f) �Workweek� means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

�� (2)(a) Except as provided in paragraphs (b) and (c) of this subsection and subsection (3) of this section, an employer may not require or permit an employee employed in any mill, factory or other manufacturing establishment in this state to work more than:

�� (A) 10 hours in any one day; or

�� (B) 55 hours in any one workweek.

�� (b) An employer may permit an employee described in paragraph (a) of this subsection to work up to 60 hours in one workweek if the employee requests or consents in writing to work more than 55 hours in the workweek.

�� (c) Notwithstanding paragraph (b) of this subsection, during the period of time that an employer is eligible for an undue hardship period exemption under subsection (4) of this section, an employer may permit an employee described in paragraph (a) of this subsection to work:

�� (A) Up to 84 hours per workweek for four workweeks; and

�� (B) Up to 80 hours per workweek for the remainder of the undue hardship period.

�� (d) Except as provided in subsection (3) of this section, an employer may not require or permit an employee employed in a sawmill, planing mill, shingle mill or logging camp to work more than:

�� (A) Eight hours, exclusive of one hour, more or less, in one day; or

�� (B) 48 hours in one workweek.

�� (3)(a) An employee may work overtime up to three hours more than the applicable limit for the maximum allowable hours of employment in one day as described in subsection (2) of this section.

�� (b) An employer shall compensate an employee who works overtime hours described in paragraph (a) of this subsection at one and one-half times the employee�s regular rate of pay for each overtime hour or portion of an hour the employee works.

�� (c) An employer shall calculate an employee�s overtime compensation on a daily basis under paragraph (b) of this subsection and on a weekly basis under ORS 653.261 (1) and pay the greater of the two amounts if, during the same workweek, the employee works more than:

�� (A) The applicable limit for the maximum allowable hours of employment in one day as described in subsection (2) of this section; and

�� (B) Forty hours in one workweek as described in ORS 653.261 (1).

�� (d) An employer that makes an overtime payment to an employee pursuant to paragraph (c) of this subsection satisfies the overtime compensation requirements under this subsection and ORS 653.261 (1).

�� (4)(a) An employer is eligible for an undue hardship period exemption from the restrictions on maximum workweek hours under subsection (2)(a) of this section if the employer, in the ordinary course of the employer�s business, processes perishable products. The undue hardship period exemption shall be effective only during an undue hardship period. An employer may be eligible for more than one undue hardship period exemption in a calendar year. However, the combined total duration of the employer�s undue hardship period exemptions may not exceed 21 workweeks in a calendar year.

�� (b) To claim an undue hardship period exemption, an employer must provide notice of the undue hardship period to the Commissioner of the Bureau of Labor and Industries and obtain written consent from each employee whom the employer will request to work more than 55 hours in any workweek during the undue hardship period.

�� (c)(A) The notice the employer sends to the commissioner under paragraph (b) of this subsection must be in a form prescribed by the commissioner by rule and include a description of the reasons for the undue hardship period, the start and expected end dates of the undue hardship period and any other information required by the commissioner.

�� (B) The employee�s written consent shall be in a form prescribed by the commissioner by rule and include:

�� (i) A description of the employer�s reasons for the undue hardship period;

�� (ii) The start and expected end dates of the undue hardship period;

�� (iii) A statement that the employer may require the employee to work up to 84 hours per workweek for up to four workweeks during the undue hardship period;

�� (iv) A statement that the employer may require the employee to work up to 80 hours per workweek for the remainder of the undue hardship period;

�� (v) A statement that the employee consents to working up to 84 hours per workweek for up to four workweeks during the undue hardship period and up to 80 hours per workweek for the remainder of the undue hardship period;

�� (vi) Contact information for the Bureau of Labor and Industries; and

�� (vii) Any other information required by the commissioner.

�� (5) An employer may not:

�� (a) Require any employee employed in a mill, factory or other manufacturing establishment in this state to begin a work shift less than 10 hours after the end of the employee�s previous work shift if the employee�s previous work shift totaled eight or more hours, unless the employer requires the employee to work additional hours due to disruptions in business operations caused by a power outage, major equipment breakdown, severe weather or similar emergency outside the employer�s control;

�� (b) Require or permit any employee to work in any place described in this section for more hours than the hours provided for in this section during any day of 24 hours;

�� (c) Take an adverse employment action against any employee who is employed in a manufacturing establishment that is classified within the North American Industry Classification System under code 3118 and who refuses to work a mandatory overtime shift unless the employer has provided the employee with at least five days� advance notice of the overtime shift, including the date and time of the overtime shift;

�� (d) Permit an overseer, superintendent or other agent of the employer to violate this section; or

�� (e) Coerce an employee into consenting to work more than 55 hours in a given workweek.

�� (6) This section does not apply to:

�� (a) An employee performing work as a member of a logging train crew, as a guard or as a boiler operator;

�� (b) An employee engaged in the transportation of workers to and from work;

�� (c) An employee engaged in the care of quarters or livestock, the conducting of mess halls, the superintendence and direction of work or the loading and removal of finished forest product;

�� (d) An employee when engaged in making necessary repairs or in the case of emergency where life or property is in imminent danger; or

�� (e) An employee employed in a mill, factory or other manufacturing establishment whose principal duties are administrative in nature or who is not otherwise engaged in the direct processing of goods in the usual course of the employee�s duties.

�� (7) Subsections (2) to (5) of this section do not apply to employees who are represented by a labor organization for purposes of collective bargaining with their employer, provided limits on the required hours of work and overtime payment have been agreed to between the employer and labor organization, or if no agreement is reached, then, for the purposes of this subsection, such limits and payments shall not be deemed to be changed from the previous collective bargaining agreement between the employer and labor organization unless the employees have been locked out or are engaged in a strike or the employer has unilaterally implemented new terms and conditions of employment.

�� (8)(a) In addition to any other remedy provided by law, an employee has a private cause of action against an employer if the employer violates subsection (2) or (3) of this section by requiring the employee to work more than:

�� (A) Three hours more than the applicable limit for the maximum allowable hours of employment in one day; or

�� (B) The applicable limit for the maximum allowable hours of employment in one workweek.

�� (b) If the employee prevails in an action under this section, the court may enter judgment against the employer for:

�� (A) Actual damages or $3,000 per claim, whichever is greater;

�� (B) Equitable relief; and

�� (C) Liquidated damages in an amount equal to twice the employee�s overtime wages earned during the period not allowed under subsection (2) or (3) of this section.

�� (c) In an action brought under this section, the court may award to the prevailing plaintiff costs, disbursements and reasonable attorney fees. Any attorney fee agreement is subject to approval by the court.

�� (9)(a) Notwithstanding ORS 652.900, in addition to any other penalty provided by law, the commissioner may assess the following civil penalties against an employer that the commissioner determines has coerced an employee into consenting to work more than 55 hours in one workweek:

�� (A) $2,000 per violation if the employer coerced an employee into consenting under subsection (2)(b) of this section to work more than 55 hours in any given workweek; or

�� (B) $3,000 per violation if the employer coerced an employee into consenting under subsection (4) of this section to work more than 55 hours per workweek in any given workweek during an undue hardship period.

�� (b) Each violation described in paragraph (a) of this subsection is a separate and distinct offense. In the case of a continuing violation, each workweek�s continuance is a separate and distinct violation.

�� (c) Civil penalties authorized by this subsection shall be imposed in the manner provided in ORS 183.745. All sums collected as penalties under this subsection shall be applied and paid over as provided in ORS 652.900.

�� (10) A violation of subsection (5)(c) of this section is an unlawful practice under ORS chapter 659A that is subject to enforcement by the Commissioner of the Bureau of Labor and Industries as provided in ORS 659A.820 to 659A.865. [Amended by 1989 c.852 �1; 1991 c.67 �157; 1999 c.59 �190; 2011 c.348 �1; 2017 c.685 ��1,2; 2022 c.22 �1]

�� 652.030 Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other states. ORS

ORS 653.455

653.455 for the resulting change to the employee�s written work schedule.

�� (5) An employee may request to be removed from the standby list at any time.

�� (6) An employer may not retaliate against an employee who:

�� (a) Does not request or agree to be added to the standby list;

�� (b) Requests to be removed from the standby list; or

�� (c) Declines an employer�s request that the employee work additional hours as a result of the employee being on the standby list.

�� (7) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $2,000 against an employer that the commissioner finds has coerced an employee into requesting or agreeing to be added to the standby list in violation of this section. Each violation is a separate and distinct offense. In the case of a continuing violation, each day�s continuance is a separate and distinct violation.

�� (8) The standby list is not a list of employees scheduled for on-call shifts and the employer is not required to include a list of employees on the standby list in the written work schedule described in ORS 653.436. [2017 c.691 �4a]

�� Note: See second note under 653.412.

�� 653.435 [Repealed by 1971 c.626 �7]

�� 653.436 Advance notice of work schedule. (1) An employer shall provide an employee with a work schedule in writing at least 14 calendar days before the first day of the work schedule.

�� (2) The employer shall post the written work schedule in a conspicuous and accessible location, in English and in the language the employer typically uses to communicate with the employees.

�� (3) The employer shall provide a written work schedule that runs through the last date of the posted work schedule in effect at the time of delivery to:

�� (a) A new employee on or before the employee�s first day of work; or

�� (b) An existing employee on the employee�s first day of work after a leave of absence.

�� (4) The written work schedule shall include all work shifts and on-call shifts for the work period.

�� (5) If the employer requests changes to the written work schedule after the advance notice required in this section:

�� (a) The employer shall provide the employee with timely notice of the change by in-person conversation, telephone call, electronic mail, text message or other accessible electronic or written format; and

�� (b) The employee may decline any work shifts not included in the employee�s written work schedule.

�� (6) At any time after the advance notice of written work schedule required in this section, an employee may request in writing that the employer add the employee to one or more work shifts or on-call work shifts. Any changes to the employee�s written work schedule resulting from such employee-requested work schedule changes are not subject to the advance notice requirements of this section. [2017 c.691 �5; 2017 c.691 �5a]

�� Note: See second note under 653.412.

�� 653.440 [Repealed by 1971 c.626 �7]

�� 653.442 Right to rest between work shifts. (1) Unless the employee requests or consents to work such hours, an employer may not schedule or require an employee to work during the following rest periods:

�� (a) The first 10 hours following the end of the previous calendar day�s work shift or on-call shift; or

�� (b) The first 10 hours following the end of a work shift or on-call shift that spanned two calendar days.

�� (2) Except as provided in subsection (3) of this section, an employer shall compensate an employee for each hour or portion of an hour that the employee works during a rest period described in subsection (1) of this section at one and one-half times the employee�s regular rate of pay.

�� (3) Subsection (2) of this section does not apply to any hour or portion of an hour an employee works during the rest period described in subsection (1) of this section during which the employee is engaged in providing roadside assistance services. As used in this subsection, �roadside assistance� means offsite repair assistance rendered to a motorist with a disabled vehicle. [2017 c.691 �6]

�� Note: See second note under 653.412.

�� 653.445 [Amended by 1967 c.67 �23; repealed by 1971 c.626 �7]

�� 653.450 Employee right to input into work schedule. (1) At time of hire and during employment, an employee may identify any limitations or changes in the employee�s work schedule availability, including but not limited to child care needs. The employee may also request not to be scheduled for work shifts during certain times or at certain locations.

�� (2)(a) An employer may require the employee to provide reasonable verification of the need for a request made under subsection (1) of this section.

�� (b) The employer shall pay any reasonable costs for providing verification that is medical verification required under this subsection, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled.

�� (c) Nothing in this subsection is intended to limit the application of ORS 659A.306.

�� (3) An employer may not retaliate against an employee for making a request under subsection (1) of this section.

�� (4) An employer is under no obligation to grant an employee�s request under subsection (1) of this section. [2017 c.691 �6a; 2021 c.176 �1]

�� Note: See second note under 653.412.

�� 653.455 Compensation for work schedule changes; exceptions. (1) As used in this section:

�� (a) �Group communication� means communication to all eligible employees, either written or oral.

�� (b) �Ticketed event� means a sporting, entertainment, civic, charitable or other event that requires a ticket for admission. The ticket may be electronic, physical or a name on a list held by the event organizer.

�� (2) An employer shall provide the following compensation to an employee for each employer-requested change that occurs to the employee�s written work schedule without the advance notice required in ORS 653.436:

�� (a) One hour of pay at the employee�s regular rate of pay, in addition to wages earned, when the employer:

�� (A) Adds more than 30 minutes of work to the employee�s work shift;

�� (B) Changes the date or start or end time of the employee�s work shift with no loss of hours; or

�� (C) Schedules the employee for an additional work shift or on-call shift.

�� (b) One-half times the employee�s regular rate of pay per hour for each scheduled hour that the employee does not work when the employer:

�� (A) Subtracts hours from the employee�s work shift before or after the employee reports for duty;

�� (B) Changes the date or start or end time of the employee�s work shift, resulting in a loss of work shift hours;

�� (C) Cancels the employee�s work shift; or

�� (D) Does not ask the employee to perform work when the employee is scheduled for an on-call shift.

�� (3) The requirements for additional compensation in this section do not apply when:

�� (a) An employer changes the start or end time of an employee�s work shift by 30 minutes or less;

�� (b) An employee mutually agrees with another employee to employee-initiated work shift swaps or coverage. The employer may require that work shift swaps or coverage under this paragraph be preapproved by the employer. The employer may assist employees in finding such arrangements, provided that any employer assistance must be limited to helping an employee identify other employees who may be available to provide work shift swaps or coverage and may not include the employer arranging the work shift swap or coverage;

�� (c) An employee requests changes to the employee�s written work schedule, including adding or subtracting hours, and the employee documents the request in writing;

�� (d) An employer makes changes to an employee�s written work schedule at the employee�s request under ORS 653.436 (6);

�� (e) An employer subtracts hours from an employee�s work schedule for disciplinary reasons for just cause, provided the employer documents the incident leading to the employee�s discipline in writing;

�� (f) An employee�s work shift or on-call shift cannot begin or continue due to threats to employees or property or due to the recommendation of a public official;

�� (g) Operations cannot begin or continue because public utilities fail to supply electricity, water or gas or there is a failure in the public utilities or sewer system;

�� (h) Operations cannot begin or continue due to a natural disaster or a similar cause not within the employer�s control, including when the natural disaster or similar cause physically affects the work site;

�� (i) Operations hours change or are substantially altered because a ticketed event is canceled, rescheduled or changes in duration due to circumstances that are outside the employer�s control and that occur after the employer provides the written work schedule under ORS 653.436;

�� (j) An employer requests that an employee on a voluntary standby list work additional hours as described in ORS 653.432 and the employee consents to work the additional hours;

�� (k)(A) An employer requests that an employee work additional hours to address unanticipated customer needs or unexpected employee absence;

�� (B) The employee consents in writing to work the additional hours;

�� (C) If the employer maintains a voluntary standby list described in ORS 653.432, the employer has contacted all of the employees listed on the voluntary standby list and requires additional employee coverage; and

�� (D)(i) If the employee is working a work shift at the time the employer makes the request, the employer makes the request either individually or as part of a group communication; or

�� (ii) If the employee is not working a work shift at the time the employer makes the request, the employer makes the request through a group communication; or

�� (L) An employer is provided with less than 14 days� notice before the first day of the work schedule of the need for leave under ORS chapter 657B or 659A, or of the return from the use of leave under ORS chapter 657B or 659A, and the employer makes a change to the schedule of an employee who was temporarily assigned to specific shifts to cover for an employee on leave under ORS chapter 657B or 659A. [2017 c.691 �7; 2024 c.20 �2]

�� Note: See second note under 653.412.

�� 653.460 Notice and posting requirements. (1) The Commissioner of the Bureau of Labor and Industries shall make available to employers a template of a poster giving notice of the rights described in ORS 653.412 to 653.485. The poster must be in English.

�� (2) Employers shall display the poster at the workplace. If displaying the poster is not feasible, including situations in which the employees work remotely or do not have a regular workplace or job site, the employer may provide the poster on an individual basis in a physical or electronic format that is reasonably conspicuous and accessible. [2017 c.691 �8]

�� Note: See second note under 653.412.

�� 653.465 Record retention requirements. An employer shall retain records that document the employer�s compliance with ORS 653.412 to 653.485 for three years. [2017 c.691 �9]

�� Note: See second note under 653.412.

�� 653.470 Retaliation prohibited. It is an unlawful practice for an employer to:

�� (1) Interfere with, restrain, deny or attempt to deny the exercise of any right protected under ORS 653.412 to 653.485; or

�� (2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of ORS 653.412 to 653.485. [2017 c.691 �10]

�� Note: See second note under 653.412.

�� 653.480 Enforcement; right of action; penalties. (1) An employee asserting a violation of ORS 653.470 may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 or a civil action as provided in ORS 659A.885.

�� (2) The commissioner has the same enforcement powers with respect to the rights established under this section and ORS 653.422, 653.432, 653.436, 653.442,

ORS 654.001

654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 or under 654.991. In any such matter or proceeding the department, the other state agency, the Administrative Law Judge, the Workers� Compensation Board or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.

�� (4) The director will make reports to the Secretary of Labor of the United States in such form and containing such information as the Secretary of Labor shall from time to time require pursuant to the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

�� (5) Nothing contained in ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 shall relieve an employer from making such reports to the Secretary of Labor of the United States as may be required by federal law. [1973 c.833 �23; 1977 c.804 �40; 2017 c.238 �3]

�� 654.130 Proceedings against unwilling witnesses. (1) The Director of the Department of Consumer and Business Services or the Workers� Compensation Board, or the authorized representative or designee of the director or the board before whom testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers as required by subpoena, may report to the circuit court in the county in which the inquiry, investigation, hearing or other proceeding is pending, by petition setting forth that due notice has been given of the time and place of attendance of the witness, or the production of the papers, and that the witness has been subpoenaed in the manner prescribed and that the witness has failed and refused to attend or produce the papers required by the subpoena or has refused to answer questions propounded to the witness in the course of such proceeding, and ask an order of the court to compel the witness to attend and testify or produce said papers.

�� (2) The court, upon receiving the petition, shall enter an order directing the witness to appear before the court at a time and place to be fixed in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended and testified or produced the papers.

�� (3) A copy of the order shall be served upon the witness.

�� (4) If it is apparent to the court that the subpoena was regularly issued, the court shall thereupon enter an order that the witness appear before the director or the board or the authorized representative or designee of the director or the board at a time and place to be fixed in such order, and testify and produce the required papers and upon failure to obey the order the witness shall be dealt with as for contempt of court. [Formerly 654.030; 1979 c.839 �24]

�� 654.150 Sanitary facilities at construction projects; standards; exemptions. (1) At the site of every construction project estimated to cost $1 million or more the employer or owner of such place of employment shall provide toilet facilities and facilities for maintaining personal cleanliness for the use of employees on the construction project. Flush toilets shall be provided and the washing facilities shall consist of warm water, wash basins and soap. A building or a mobile, self-contained unit may be provided for such facilities. The number, types and maintenance of facilities shall conform to minimum standards set by the Director of the Department of Consumer and Business Services.

�� (2) Subsection (1) of this section does not apply to highway construction or maintenance projects or to electricity, water, sewer or gas transmission facility construction or maintenance projects.

�� (3) The director may, by order, exempt or partially exempt, individual or classes of construction projects from the requirements of subsection (1) of this section when conditions are such that compliance is impractical or impossible. [1975 c.751 �2; 1993 c.450 �1]

�� 654.154 [1995 c.163 �2; renumbered 654.172 in 2005]

�� 654.155 [Repealed by 1973 c.833 �48]

�� 654.160 Applicability of ORS 654.150 to be included in construction contracts; liability for cost of compliance. (1) A statement as to whether or not ORS 654.150 applies at the construction site shall be included in the contract for a construction project. If the contract states that ORS 654.150 applies, the owner shall also include in the contract documents a provision designating which party to the contract is responsible for any costs that may be incurred in complying with ORS 654.150 and the rules adopted pursuant thereto.

�� (2) The owner of a construction site is liable to any contractor who is an employer at the site for costs incurred by the contractor if:

�� (a) Representatives of the Director of the Department of Consumer and Business Services decide that ORS 654.150 applies to the construction project, and the contract documents did not designate which party to the contract for the project was responsible for complying with ORS 654.150 and the rules adopted pursuant thereto; and

�� (b) The contractor incurs additional costs in complying with ORS 654.150.

�� (3) In addition to being liable for the amount of the additional costs incurred, as provided by subsection (2) of this section, the owner is liable for interest on the amount at the rate of one percent per month from the date such contractor makes demand upon the owner to reimburse the contractor for such costs until the contractor is paid. [1977 c.129 �2]

�� 654.165 Employees not required to work bare-handed or rubber-gloved on high voltage lines. No employer shall require an employee to perform bare-handed or rubber-gloved work on a live electrical line with a voltage of 5,000 volts or greater. [1991 c.549 �2]

�� Note: 654.165 was added to and made a part of 654.001 to 654.295 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 654.170 Stairway railings and guards not required for certain public and historic buildings. Nothing in ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to 654.780 requires the installation of railings or guards on exterior stairways providing access to and egress from the State Capitol Building or the grand staircases to the chambers of the Senate and House of Representatives in the rotunda of the State Capitol Building or any staircase in any public monument or memorial or building of historic significance. [1977 c.780 �2]

�� 654.172 Exemption from inspection or investigation for certain agricultural activities. (1) Notwithstanding any other provision of the Oregon Safe Employment Act, an employer engaged in agricultural activities with 10 or fewer agricultural employees is exempt from inspection or investigation under ORS 654.067 under the following conditions:

�� (a) There has not been a complaint filed pursuant to ORS 654.062 or, within the preceding two-year period, an accident at the employer�s agricultural place of employment resulting in death or serious disabling injury from violation of the Oregon Safe Employment Act or rules adopted pursuant thereto.

�� (b) The employer and principal supervisors of the agricultural employees annually attend four hours of instruction on agricultural safety rules and procedures at a course conducted or approved by the Director of the Department of Consumer and Business Services.

�� (c) The agricultural activities are inspected once every four years by an individual acting in a safety consultant capacity, and all violations found upon inspection are remedied within 90 days of the date of inspection.

�� (2) In order to promote communication and understanding between the director and agricultural interests, the director shall appoint an agricultural advisory committee of seven agricultural employers, each with 10 or fewer agricultural employees, to review and consult with the director on the administration of the Oregon Safe Employment Act with regard to agricultural activities. [Formerly 654.154]

�� 654.174 Sanitation facilities for workers harvesting food crops; employer to post notice; rules. (1) Employers of workers who are engaged in field activities for the growing and harvesting of food crops intended for human consumption shall provide for such workers at convenient locations, and in accordance with such rules as the Director of the Department of Consumer and Business Services may prescribe:

�� (a) Toilet facilities that are maintained in clean and sanitary condition, of such design and construction as to provide privacy and to prevent crop contamination and, where practicable, one toilet for each sex.

�� (b) Handwashing facilities that provide clean water, soap or other suitable cleansing agent, paper towels and a method for disposal of used towels and wash water to avoid crop contamination.

�� (c) Clean, potable drinking water served in a sanitary manner, which may include but is not limited to containers with spigots and tight fitting lids and disposable cups sufficient in number for each worker.

�� (2) Every employer required to comply with subsection (1) of this section shall keep conspicuously posted a notice describing the requirements of that subsection and advising where complaints may be filed. The notice must be in the English language and in the language spoken by the majority of the employees.

�� (3) The director shall promulgate rules to implement subsections (1) and (2) of this section which shall not be less protective than the rules on those subjects that are operative on July 9, 1985. [1985 c.423 ��2,3,5]

�� 654.175 [Repealed by 1969 c.534 �2]

WORKPLACE SAFETY COMMITTEES

�� 654.176 Safety committee or safety meeting required. To promote health and safety in places of employment in this state, every public or private employer shall, in accordance with rules adopted pursuant to ORS 654.182, establish and administer a safety committee or hold safety meetings. [1981 c.488 �2; 1990 c.2 �1; 1995 c.83 �1; 2007 c.448 �1]

�� 654.180 [Repealed by 1969 c.534 �2]

�� 654.182 Rules for ORS 654.176; contents. (1) In carrying out ORS 654.176, the Director of the Department of Consumer and Business Services shall adopt rules that include, but are not limited to, provisions:

�� (a) Prescribing the membership of the committees to ensure equal numbers of employees, who are volunteers or are elected by their peers, and employer representatives and specifying the frequency of meetings.

�� (b) Requiring employers to make adequate written records of each meeting and to file and maintain the records subject to inspection by the director.

�� (c) Requiring employers to compensate employee representatives on safety committees at the regular hourly wage while the employees are engaged in safety committee training or are attending safety committee meetings.

�� (d) Prescribing the duties and functions of safety committees, which include, but are not limited to:

�� (A) Establishing procedures for workplace safety inspections by the committee.

�� (B) Establishing procedures for investigating all safety incidents, accidents, illnesses and deaths.

�� (C) Evaluating accident and illness prevention programs.

�� (e) Prescribing guidelines for the training of safety committee members.

�� (f) Prescribing alternate forms of safety committees and safety meetings to meet the special needs of small employers, agricultural employers and employers with mobile worksites.

�� (g) Prescribing procedures for health care employers for investigating, collecting and reporting on incidents of workplace violence.

�� (2) An employer that is a member of a multiemployer group operating under a collective bargaining agreement that contains provisions regulating the formation and operation of a safety committee that meets or exceeds the minimum requirements of this section and ORS 654.176 shall be considered to have met the requirements of this section and ORS 654.176.

�� (3) As used in this section, �health care employer� and �workplace violence� have the meanings given those terms in ORS 654.412. [1981 c.488 �3; 1990 c.2 �2; 1991 c.746 �2; 2007 c.448 �2; 2025 c.535 �1]

�� 654.187 [1981 c.488 �4; repealed by 1991 c.746 �1]

�� 654.189 Safe Employment Education and Training Advisory Committee; members; terms; expenses; duties; meetings. (1) The Director of the Department of Consumer and Business Services may appoint a Safe Employment Education and Training Advisory Committee composed of seven members: Three representing employees, three representing employers and one representing the Department of Consumer and Business Services. The committee shall elect its chairperson.

�� (2) The members of the committee shall be appointed for a term of three years and shall serve at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective.

�� (3) The members shall serve without compensation, but shall be entitled to travel expenses pursuant to ORS 292.495.

�� (4) The duties of the committee shall be determined by the director and shall include, but not be limited to:

�� (a) Recommending to the director:

�� (A) Occupational Safety and Health Grant application procedures and criteria for grant approval;

�� (B) Occupational Safety and Health Grant recipients; and

�� (C) Revocation of grants to recipients failing to comply with grant criteria established by the director pursuant to ORS 654.191.

�� (b) Receiving and processing Occupational Safety and Health Grant applications.

�� (5) The committee shall meet at least once every three months at a place, day and hour determined by the committee. The committee shall also meet at other times and places specified by a majority of the members of the committee or the chairperson of the committee. A majority of the members of the committee constitutes a quorum for the transaction of business. [1989 c.857 �3]

�� 654.191 Occupational Safety and Health Grant program; rules. (1) The Director of the Department of Consumer and Business Services, in consultation with the Safe Employment Education and Training Advisory Committee, shall establish an Occupational Safety and Health Grant program to fund the education and training of employees in safe employment practices and conduct and to promote the development of employer-sponsored health and safety programs.

�� (2) The director shall adopt rules establishing:

�� (a) Grant application procedures and criteria for grant approval; and

�� (b) Procedures for revocation of grants to recipients failing to comply with grant criteria established by the director pursuant to this section.

�� (3) The director, after reviewing the recommendation of the Safe Employment Education and Training Advisory Committee, shall approve or deny an application for an Occupational Safety and Health Grant. If the director approves a grant under this section, the director shall set the amount of the grant awarded to the grant recipient.

�� (4) The director shall monitor grant recipients for compliance with grant criteria and procedures established by the director.

�� (5) The grants awarded under this section shall be funded only from the civil penalties paid into the Consumer and Business Services Fund under ORS 654.086. [1989 c.857 �2]

�� 654.192 Labor organization not liable for injury resulting from absence of safety or health provision. When an employee incurs an injury compensable under ORS chapter 656, the discussion or furnishing, or failure to discuss or furnish, or failure to enforce any safety or health provision to protect employees against work injuries, in any collective bargaining agreement or negotiations thereon, shall not subject a labor organization representing the injured employee to any civil liability for the injury. [1981 c.488 �5]

�� 654.194 [1985 c.683 �2; repealed by 1999 c.232 �1]

HAZARD COMMUNICATION AND HAZARDOUS SUBSTANCES

�� 654.196 Rules on contents of piping systems; posting notice on right to be informed of hazardous substances; withholding of information under certain circumstances. (1) The Director of the Department of Consumer and Business Services may by rule require employers to provide information to employees relating to the contents of piping systems. The rules shall include, but need not be limited to requirements for:

�� (a) Labeling piping systems to provide notice about hazardous chemicals contained in the system; and

�� (b) Labeling a piping system that uses asbestos as a pipe insulation material.

�� (2) Every employer shall post a sign in the location where notices to employees are normally posted to inform employees that they have a right under this section and ORS 453.317 (6) to information from the employer regarding hazardous substances found in the place of employment.

�� (3) The sign required under subsection (2) of this section shall include, but need not be limited to, the following information and shall be substantially in the following form:

NOTICE TO EMPLOYEES

�� You have a right under state law to information about hazardous substances found in your place of employment. For this information, contact your employer.

�� (4) Notwithstanding any other provision of this chapter or ORS 192.311 to 192.478, an employer may withhold the precise chemical name of a chemical only if the employer can substantiate that:

�� (a) The chemical name is a trade secret with commercial value that can be protected only by limiting disclosure; and

�� (b) The commercial value of the product cannot be preserved by withholding the processes, mixture percentages or other aspects of the production of the product instead of its chemical constituents.

�� (5) A trade secret designation claimed under subsection (4) of this section may be subject to yearly review.

�� (6) Notwithstanding any other provision of this chapter or ORS 192.311 to 192.478, if a treating physician or health professional concludes that the chemical identity of a hazardous chemical used in an employer�s place of employment is necessary to prescribe necessary treatment for a patient, the employer may not require the physician or health professional to sign a confidentiality agreement as a condition to the release of the information by the employer, manufacturer or importer. [1985 c.683 ��3,4,5; 1999 c.232 �2; 2005 c.825 �18]

INJURED WORKERS�

MEMORIAL SCHOLARSHIP

�� 654.200 Scholarship account; use; standards for eligibility. (1) There is established in the Consumer and Business Services Fund the Workers� Memorial Scholarship Account. Only the interest earned on moneys in the account shall be used by the Director of the Department of Consumer and Business Services for the establishment and administration of a scholarship program to pay education related expenses of the spouses and children of workers who are killed or who have received a permanent total disability award from injury on the job. A maximum of $1 million to carry out the provisions of this section may be credited to the account from civil penalties recovered pursuant to ORS 654.086.

�� (2) The director shall consult with the Safe Employment Education and Training Advisory Committee established pursuant to ORS 654.189 in determining the appropriate scholarship standard and in selecting the recipients. [1991 c.395 �2; 1993 c.597 �1; 1999 c.1058 �1; 2017 c.635 �1]

HEALTH AND SANITATION INSPECTIONS

�� 654.202 Issuance of warrants for safety and health inspections. Magistrates authorized to issue search warrants may, upon application of the Director of the Department of Consumer and Business Services, or any public officer, agent or employee of the director acting in the course of official duties, issue an inspection warrant whenever an inspection or investigation of any place of employment is required or authorized by any state or local statute, ordinance or regulation relating to occupational safety or health. The inspection warrant is an order authorizing the safety or health inspection or investigation to be conducted at a designated place of employment. [1971 c.405 �1; 1973 c.833 �25; 1977 c.804 �41]

�� 654.205 [Repealed by 1959 c.516 �6]

�� 654.206 Grounds for issuance of inspection warrants; requirements of affidavit. (1) An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant�s status in applying for the warrant hereunder, the statute, ordinance or regulation requiring or authorizing the inspection or investigation, the place of employment to be inspected or investigated and the purpose for which the inspection or investigation is to be made including the basis upon which cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused or facts or circumstances reasonably showing that the purposes of the inspection or investigation might be frustrated if entry were sought without an inspection warrant.

�� (2) Cause shall be deemed to exist if reasonable legislative or administrative standards for conducting a routine, periodic or area inspection are satisfied with respect to the particular place of employment, or there is probable cause to believe that a condition of nonconformity with a safety or health statute, ordinance, regulation, rule, standard or order exists with respect to the particular place of employment, or an investigation is reasonably believed to be necessary in order to determine or verify the cause of an employee�s death, injury or illness. [1971 c.405 �2; 1973 c.833 �26]

�� 654.210 [Repealed by 1959 c.516 �6]

�� 654.212 Procedure for issuance of inspection warrant by magistrate. (1) Before issuing an inspection warrant, the magistrate may examine under oath the applicant and any other witness and shall be satisfied of the existence of grounds for granting such application.

�� (2) If the magistrate is satisfied that cause for the inspection or investigation exists and that the other requirements for granting the application are satisfied, the magistrate shall issue the warrant, particularly describing the name and title of the person or persons authorized to execute the warrant, the place of employment to be entered and the purpose of the inspection or investigation. The warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the magistrate has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night. [1971 c.405 �3; 1973 c.833 �27; 1987 c.158 �126]

�� 654.215 [Repealed by 1959 c.516 �6]

�� 654.216 Execution of inspection warrants. (1) Except as provided in subsection (2) of this section, in executing an inspection warrant, the person authorized to execute the warrant shall, before entry, make a reasonable effort to present the person�s credentials, authority and purpose to an occupant or person in possession of the place of employment designated in the warrant and show the occupant or person in possession of the place of employment the warrant or a copy thereof upon request.

�� (2) In executing an inspection warrant, the person authorized to execute the warrant need not inform anyone of the person�s authority and purpose, as prescribed in subsection (1) of this section, but may promptly enter the designated place of employment if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition.

�� (3) A peace officer may be requested to assist in the execution of the inspection warrant.

�� (4) An inspection warrant must be executed and returned to the magistrate by whom it was issued within 10 days from its date, unless such magistrate before the expiration of such time, by indorsement thereon, extends the time for five days. After the expiration of the time prescribed by this subsection, the warrant unless executed is void. [1971 c.405 �4; 1973 c.833 �28]

�� 654.220 [Repealed by 1959 c.516 �6]

�� 654.222 [1971 c.405 �5; repealed by 1973 c.833 �15 (654.067 enacted in lieu of 654.047, 654.222 and 654.232)]

�� 654.225 [Amended by 1959 c.516 �1; renumbered 654.047]

�� 654.226 [1971 c.405 �6; repealed by 1973 c.833 �29 (654.241 enacted in lieu of 654.105 and 654.226)]

�� 654.230 [Repealed by 1959 c.516 �6]

�� 654.232 [1971 c.405 �7; repealed by 1973 c.833 �15 (654.067 enacted in lieu of 654.047, 654.222 and 654.232)]

�� 654.235 [Amended by 1959 c.516 �2; renumbered 654.062]

�� 654.240 [Repealed by 1959 c.516 �6]

�� 654.241 [1973 c.833 �30 (enacted in lieu of 654.105 and 654.226); repealed by 1975 c.102 �4]

�� 654.245 [Repealed by 1959 c.516 �6]

�� 654.250 [Repealed by 1959 c.516 �6]

�� 654.251 Assistance to director from other state agencies; inspection of farm labor camps and facilities. (1) The Bureau of Labor and Industries and any other state agency which is vested under separate statute with the authority to make inspections of places of employment, or to promulgate regulations, rules or standards relating to particular areas of occupational safety and health, shall render such advice and assistance to the Director of the Department of Consumer and Business Services as the director may reasonably request or prescribe in order to carry out the purposes of ORS 654.001 to 654.295, 654.412 to 654.423 and 654.750 to

ORS 654.336

654.336. [2001 c.865 �17]

UTILITY VEHICLES

�� 654.345 Safety standards for utility vehicle rentals. (1) As used in this section:

�� (a) �Contracting agency� has the meaning given that term in ORS 279A.010.

�� (b)(A) �Rent� means a transfer of, or the act of transferring, in return for consideration and under conditions set forth in a written agreement, the right to possess and use a utility vehicle for a term of less than a year or for a period of time otherwise specified in the agreement.

�� (B) �Rent� does not include an arrangement under which consideration that a contracting agency pays for use of the utility vehicle results in a transfer of ownership of the utility vehicle to the contracting agency.

�� (c) �Utility vehicle� means a self-propelled vehicle with a gross vehicle weight of 5,000 pounds or more that a driver operates for agricultural, construction, industrial, maritime, mining or forestry uses.

�� (2) A person that rents a utility vehicle to a contracting agency shall, at the contracting agency�s request, provide:

�� (a) Records that describe in detail the results of the most recent inspection that the person performed or had performed on the utility vehicle�s traction, structure, power train, control components and related parts and equipment in compliance with applicable rules, regulations or standards of:

�� (A) The National Highway Traffic Safety Administration;

�� (B) The American National Standards Institute;

�� (C) The federal Mine Safety and Health Administration;

�� (D) The United States Department of Transportation;

�� (E) The Department of Transportation;

�� (F) The federal Occupational Safety and Health Administration; and

�� (G) The Department of Consumer and Business Services, with respect to occupational safety and health;

�� (b) Instructions about how to comply with recommendations from the utility vehicle�s manufacturer for operating and maintaining the utility vehicle on and off the site where the contracting agency will use the utility vehicle and for safe work practices;

�� (c) Records of all incidents in which use of the utility vehicle during previous rentals resulted in injuries or deaths because of equipment failure; and

�� (d) A signed affidavit in which the person attests to compliance with applicable safety standards and to performing or having performed regular inspections of the utility vehicle.

�� (3) If a person delivers to a work site specified under a public contract or other agreement a utility vehicle for usage by an employee of the contracting agency and upon inspection the utility vehicle does not meet applicable standards specified under subsection (2) of this section:

�� (a) A contracting agency may delay paying any consideration due under an agreement to rent the utility vehicle until the person replaces the utility vehicle with a utility vehicle that meets the applicable standards or performs repairs or maintenance necessary to ensure that the utility vehicle meets the applicable standards; and

�� (b) A contracting agency may seek an offset of or reimbursement for labor costs that the contracting agency incurs as a result of delays in work that are a consequence of the person�s initial delivery of a utility vehicle that does not meet applicable standards. The contracting agency may not seek reimbursement or an offset for costs that the contracting agency incurs after the contracting agency begins using the utility vehicle.

�� (4) This section does not apply to a person that receives $100,000 or more in income from renting utility vehicles to other persons during the calendar year before the year in which the rental of the utility vehicle to the contracting agency occurs. [2021 c.234 �2]

SAFETY AND HEALTH PROFESSIONALS

�� 654.400 Use of title of industrial hygienist, occupational health and safety technologist, construction health and safety technician or safety professional; cause of action. (1) No person may purport to be:

�� (a) A certified industrial hygienist or use the initials CIH unless the person holds a current certification as an industrial hygienist from the American Board of Industrial Hygiene.

�� (b) An industrial hygienist in training or use the initials IHIT unless the person holds a current designation as an industrial hygienist in training from the American Board of Industrial Hygiene.

�� (c) A certified occupational health and safety technologist or use the initials OHST unless the person holds a current certification as an occupational health and safety technologist from the American Board of Industrial Hygiene or the Board of Certified Safety Professionals.

�� (d) A certified construction health and safety technician or use the initials CHST unless the person holds a current certification as a construction health and safety technician from the American Board of Industrial Hygiene or the Board of Certified Safety Professionals.

�� (e) A certified safety professional or use the initials CSP unless the person holds a current designation as a certified safety professional from the Board of Certified Safety Professionals.

�� (f) An associate safety professional or use the initials ASP unless the person holds a current designation as an associate safety professional from the Board of Certified Safety Professionals.

�� (2) The American Board of Industrial Hygiene, the Board of Certified Safety Professionals or a person lawfully practicing a profession listed in subsection (1) of this section may bring a private cause of action in the appropriate court to recover damages up to $1,000 against any person who violates subsection (1) of this section. The court may provide such equitable relief as it deems necessary or proper. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1999 c.478 �1]

�� Note: 654.400 and 654.402 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 654 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 654.402 Activities permitted under other designation, certification or license. ORS 654.400 does not prevent a person legally regulated in this state under any other licensing provisions, rules or regulations from engaging in the activities permitted under that designation, certification or license provided that the person does not use the titles or initials specified in ORS 654.400. [1999 c.478 �2]

�� Note: See note under 654.400.

�� 654.405 [Repealed by 1973 c.833 �48]

�� 654.410 [Repealed by 1973 c.833 �48]

SAFETY OF HEALTH CARE EMPLOYEES

�� 654.412 Definitions for ORS 654.412 to 654.423. As used in ORS 654.412 to 654.423:

�� (1) �Assault� means intentionally, knowingly or recklessly causing physical injury.

�� (2) �Energy generating device� means a tool that performs a surgical function using heat, laser, electricity or other form of energy.

�� (3) �Health care employer� means:

�� (a) An ambulatory surgical center as defined in ORS 442.015.

�� (b) A hospital as defined in ORS 441.760, except for the Oregon State Hospital.

�� (c) A home health agency as defined in ORS 443.014.

�� (d) A home hospice program.

�� (4) �Home health care services� means items or services furnished to a patient by an employee of a health care employer in a place of temporary or permanent residence used as the patient�s home.

�� (5) �Home hospice program� means a coordinated program of home care, available 24 hours a day, that utilizes an interdisciplinary team of personnel trained to provide palliative and supportive services to a patient-family unit experiencing a life threatening disease with a limited prognosis.

�� (6) �Smoke evacuation system� means equipment that effectively captures or neutralizes surgical smoke before the smoke makes contact with the eyes or the respiratory tract of the occupants of a room.

�� (7) �Surgical smoke� means the by-product that results from contact with tissue by an energy generating device.

�� (8) �Workplace violence� includes any act or threat of physical violence, harassment, intimidation, assault, homicide or any other threatening behavior that occurs in the workplace. [2007 c.397 �2; 2021 c.362 �3; 2025 c.535 �2]

�� 654.413 Required policies regarding surgical smoke. (1) A health care employer shall adopt policies that require the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke. The hospital or ambulatory surgical center may select any smoke evacuation system that accounts for surgical techniques and procedures vital to patient safety.

�� (2) The Occupational Safety and Health Division of the Department of Consumer and Business Services shall ensure compliance with this section during any on-site inspection. [2021 c.362 �2]

�� 654.414 Duties of health care employer; security and safety assessment; workplace violence prevention and protection program; requirements. (1) A health care employer, in consultation with the employer�s workplace safety committee described in ORS

ORS 660.010

660.010.

�� (b) �Apprenticeship training program� means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010, operates, including the local joint committee�s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.

�� (c) �Community solar project� has the meaning given that term in ORS 757.386.

�� (d) �Construction� includes on-site and off-site construction and fabrication and covers 30 days after project completion.

�� (e) �Covered project� means:

�� (A) Except as provided in subparagraph (B) of this paragraph, a renewable energy generation, sequestration or storage facility with a capacity rating of 10 megawatts or greater.

�� (B) A community solar project with a capacity rating above three megawatts.

�� (f) �Minority individual� and �woman� have the meanings given those terms in ORS 200.005.

�� (g) �Repower� means replacement of enough of the original generation equipment or components to make an original energy generation facility equivalent to a new facility, such that at least 80 percent of the fair market value of the facility derives from new generation equipment or components installed as part of the replacement project.

�� (h) �Veteran� has the meaning given that term in ORS 408.225.

�� (2) A person who constructs or repowers a covered project sited in this state shall, within 30 days from the date the construction begins, provide a signed attestation or declaration stating to the best of their knowledge and belief, subject to penalty of perjury as described in ORS 162.065, that during all periods of construction all contractors and subcontractors working on the construction or repowering project will:

�� (a)(A)(i) Except as provided in sub-subparagraph (ii) of this subparagraph, participate in an apprenticeship program registered with the State Apprenticeship and Training Council and with graduation rates equal to or higher than the national average for each respective trade in a manner consistent with the respective apprenticeship training programs, such that 15 percent of the total work hours on a given covered project is performed by apprentices in apprenticeable occupations; or

�� (ii) If less than 15 percent of total work hours on a given covered project is performed by apprentices in apprenticeable occupations, demonstrate good faith with meeting the requirement described in sub-subparagraph (i) of this subparagraph by providing documented and verifiable information including:

�� (I) Internet addresses of employment advertisements or job announcements;

�� (II) Dates, times, Internet addresses and attendance lists of a prejob conference with apprenticeship, preapprenticeship and workforce providers in construction;

�� (III) Contacts requesting apprentices with an apprenticeship program approved by the Bureau of Labor and Industries including the date, time, telephone contact, electronic mail contact and whether a response was provided within 48 hours of the request;

�� (IV) Contacts requesting apprentices from a union hall including the date, time, telephone contact, electronic mail contact and whether a response was provided within 48 hours of the request; and

�� (V) Documentation of job offers and number of job offers made to apprentices;

�� (B) Establish and execute a plan for outreach, recruitment and retention of women, minority individuals, veterans and people with disabilities to perform work under the contract, with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups;

�� (C) Have policies in place that are designed to limit or prevent workplace harassment and discrimination and that promote workplace diversity, equity and inclusion for communities who have been underrepresented in the clean energy sector, including women, veterans and Black, Indigenous and People of Color;

�� (D) Maintain a license and good standing to perform the work and remain eligible to receive a contract or subcontract for public works under ORS 279C.860;

�� (E) Materially demonstrate a history of material compliance in the previous seven years, or provide available history for new businesses, with the rules and other requirements of state agencies with oversight regarding workers� compensation, building codes and occupational safety and health;

�� (F) Materially demonstrate a history of compliance, in the previous seven years, or provide available history for new businesses, with federal and state wage and hour laws; and

�� (G) Provide quarterly reporting and recordkeeping to the project owner or electric utility and respond to records requests and verification; and

�� (b) If the covered project has a capacity rating of 10 megawatts or greater:

�� (A) Pay no less than the prevailing wage rate for an hour�s work in the same trade or occupation in the locality where the labor is performed. Prevailing wage rate includes the calculation of wages and fringe benefits per trade and locality and will be treated as standards defined in ORS 279C.800 to 279C.870.

�� (B) Offer health care and retirement benefits to the employees performing the labor on the project.

�� (C) Provide quarterly reporting and recordkeeping to the project owner or electric utility and respond to records requests and verification.

�� (3) The person shall provide the attestation or declaration and any good faith effort documentation described in subsection (2) of this section to the State Department of Energy within 30 days from the date construction begins and shall notify the purchaser of the project or of the energy from the project of this provision or of the provision of a project labor agreement under subsection (4) of this section, the notice of which shall identify the signatories to the agreement. In addition to the requirements described in subsection (2) of this section, the attestation or declaration must include the following information:

�� (a) The megawatt capacity and physical footprint in acres of the project;

�� (b) The geographic location of the project;

�� (c) The estimated workforce requirements of the project;

�� (d) A collated list of good faith effort documentation; and

�� (e) A description of any policies in place for ensuring the person meets the requirements in this section.

�� (4)(a) In lieu of providing an attestation or declaration described in subsection (2) of this section, the person may provide a copy of a project labor agreement, if a project labor agreement is used on the covered project and shall be exempted from the requirements described in subsection (2) of this section.

�� (b) As used in this subsection, �project labor agreement� means a prehire collective bargaining agreement as described in 29 U.S.C. 158(f) that establishes the terms and conditions of employment for a specific construction project or contract.

�� (c) A project labor agreement may include additional provisions that:

�� (A) Prohibit discrimination based on race, national origin, religion, gender, sexual orientation, political affiliation or membership in a labor organization in hiring and dispatching workers for the project.

�� (B) Permit qualified contractors and subcontractors to bid for and be awarded work on the project without regard to whether they are otherwise parties to a collective bargaining agreement.

�� (C) Permit and promote qualified business enterprises owned by women, minorities, veterans and disadvantaged individuals without regard to whether the individuals are otherwise parties to a collective bargaining agreement.

�� (D) Guarantee against work stoppages, strikes, lockouts and similar disruptions of the project.

�� (5)(a) The department shall retain an attestation or declaration filed with the department in a manner consistent with the department�s record retention policies.

�� (b) Notwithstanding any provisions of ORS 192.345 or 192.355, an attestation or declaration provided to the department pursuant to this subsection is subject to public records disclosure and the department shall provide a copy of the attestation or declaration upon request.

�� (c) An attestation or declaration filed under this section is for reporting purposes only and the department may not use an attestation or declaration to investigate, regulate or enforce matters addressed in the attestation or declaration.

�� (6)(a) Nothing in this section:

�� (A) Applies to a contract or subcontract with a tribal government, agent or instrumentality of an Oregon Indian tribe for a covered project located in whole or in part on the tribe�s reservation or on land held in trust by the United States for the benefit of the tribe, unless the tribal government elects to adopt the standards in this section for the contract or subcontract; or

�� (B) Affects the wage rates overseen by a tribal government, agent or instrumentality of an Oregon Indian tribe.

�� (b) As used in this subsection, �Oregon Indian tribe� and �tribal government� have the meanings given those terms in ORS 294.805.

�� (7) Nothing in this section:

�� (a) Prohibits the inclusion of labor standards in addition to those required by subsection (2) of this section in contracts that are subject to this section; or

�� (b) Prohibits a person from using a project labor agreement to meet the minimum requirements of subsection (2) of this section. [2021 c.508 �26; 2022 c.51 �1]

�� Note: 757.306 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 757 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 757.308 Requirements related to request for proposals that may result in procurement of covered project. (1) A request for proposals submitted by an electric company, as defined in ORS

ORS 660.120

660.120 for the repeal of ORCP 55 has not been made. See the ORCP 55 Cross-Reference Chart available from the Council on Court Procedures.

�� 660.122 [1963 c.645 �4; 1967 c.6 �14; repealed by 1985 c.98 �5]

�� 660.125 [1955 c.719 �5; 1957 c.270 �8; 1967 c.6 �15; 1977 c.299 �1; 1979 c.831 �1; repealed by 1981 c.764 ��7,20 (660.126 enacted in lieu of 660.125)]

�� 660.126 Apprenticeship standards; rules. (1) Apprenticeship standards shall contain statements of:

�� (a) The apprenticeable occupation to be taught and a designation of the geographical area or areas in which the standards will apply;

�� (b) The qualifications required of apprentice applicants and the minimum eligible starting age, which is at least 16 years unless a higher age is required by law;

�� (c) The outline of work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate time to be spent in each major process;

�� (d) The term required for completion of apprenticeship, which shall be consistent with requirements established by industry practice for the development of requisite skills, but in no event shall be less than 2,000 hours of reasonably continuous work experience;

�� (e) The approximate number of hours to be spent by the apprentice at work and the approximate number of hours to be spent in related and supplemental instruction;

�� (f) The minimum numeric ratio of journeyworkers to apprentices consistent with proper supervision, training, safety and continuity of employment, which shall be specifically and clearly stated as to application in terms of job site, workforce, department or plant;

�� (g) A probationary period of up to one year or 25 percent of the length of the program, whichever is shorter, with full credit given for the probationary period toward completion of apprenticeship and with provision that during the probationary period, the apprenticeship agreement may be terminated without cause;

�� (h) A progressively increasing schedule, showing the percentages of the journeyworker hourly wage to be paid the apprentice at each level of apprenticeship achieved;

�� (i) Any additional provisions that the State Apprenticeship and Training Council and the Apprenticeship and Training Division of the Bureau of Labor and Industries may, by rule, deem necessary or advisable to effectuate the policies and duties prescribed and imposed by ORS 660.002 to 660.210; and

�� (j) The content of related training with training objectives.

�� (2) Notwithstanding subsection (1) of this section, the council and the division may approve the inclusion of standards of additional provisions, or of provisions that depart from the requirements of subsection (1) of this section, when such standards or provisions have been submitted by joint employer and employee groups, or may be part of legitimate bargaining agreements between an employer and employees. In making the decision, the council and the division shall consider the following factors:

�� (a) The possibility that the provision might result in curtailment of opportunities for apprentices to receive training or continuity of employment;

�� (b) The possibility that the provision might result in the diversion of needed qualified applicants for apprenticeship, and particularly of qualified applicants of protected classes, into unskilled or semiskilled jobs for which an adequate supply of labor already exists;

�� (c) The possibility that the provision might result in disputes among the participants in the programs that might curtail the cooperation necessary to build an adequate, skilled labor force in the State of Oregon;

�� (d) The need to safeguard the health, safety, continuity of employment and welfare of the apprentices and to ensure the public welfare;

�� (e) The need to raise the level of skill in each apprenticeable occupation to provide to the public quality goods and services at a fair price and an adequate and skilled workforce for the defense of the nation; and

�� (f) The need to provide training in the licensed occupations for the protection of the apprentices and of the general public.

�� (3) The council and the division shall adopt rules to allow a local committee to determine the circumstances under which an electrical apprentice, who is working under ORS

ORS 682.025

682.025, a regulatory specialist as defined in ORS 471.001 or a fire service professional, a parole and probation officer or a police officer as those terms are defined in ORS 181A.355.

�� (b) �Staff member� has the meaning given that term in ORS 163.165. [2009 c.783 �2; 2011 c.703 �28; 2012 c.54 �27; 2013 c.477 �1; 2015 c.614 �151]

�� Note: 166.070 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.075 Abuse of venerated objects. (1) A person commits the crime of abuse of venerated objects if the person intentionally abuses a public monument or structure, a place of worship or the national or state flag.

�� (2) As used in this section and ORS 166.085, �abuse� means to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities.

�� (3) Abuse of venerated objects is a Class C misdemeanor. [1971 c.743 �224; 1995 c.261 �2]

�� 166.076 Abuse of a memorial to the dead. (1) A person commits the crime of abuse of a memorial to the dead if the person:

�� (a) Intentionally destroys, mutilates, defaces, injures or removes any:

�� (A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or

�� (B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph;

�� (b) Intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in paragraph (a) of this subsection; or

�� (c) Buys, sells or transports any object listed in paragraph (a) of this subsection that was stolen from a historic cemetery knowing that the object is stolen.

�� (2) Abuse of a memorial to the dead is a Class A misdemeanor.

�� (3)(a) Notwithstanding ORS 161.635, the maximum fine that a court may impose for abuse of a memorial to the dead is $50,000 if:

�� (A) The person violates subsection (1)(a) of this section and the object destroyed, mutilated, defaced, injured or removed is or was located in a historic cemetery; or

�� (B) The person violates subsection (1)(c) of this section.

�� (b) In addition to any other sentence a court may impose, if a defendant is convicted of violating this section under the circumstances described in paragraph (a)(A) of this subsection, the court shall consider ordering the defendant to pay restitution. The court shall base the amount of restitution on the historical value of the object destroyed, mutilated, defaced, injured or removed.

�� (4) This section does not apply to a person who is the burial right owner or that person�s representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person�s legal capacity and the person�s actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead.

�� (5) As used in this section, �historic cemetery� means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782. [1995 c.261 �1; 1999 c.731 �12; 2003 c.291 �1; 2005 c.22 �113]

�� Note: 166.076 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.085 Abuse of corpse in the second degree. (1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally:

�� (a) Abuses a corpse; or

�� (b) Disinters, removes or carries away a corpse.

�� (2) Abuse of corpse in the second degree is a Class C felony.

�� (3) As used in this section and ORS 166.087, �abuse of corpse� includes treatment of a corpse by any person in a manner not recognized by generally accepted standards of the community or treatment by a professional person in a manner not generally accepted as suitable practice by other members of the profession, as may be defined by rules applicable to the profession. [1971 c.743 �225; 1985 c.207 �2; 1993 c.294 �1]

�� 166.087 Abuse of corpse in the first degree. (1) A person commits the crime of abuse of corpse in the first degree if the person:

�� (a) Engages in sexual activity with a corpse or involving a corpse; or

�� (b) Dismembers, mutilates, cuts or strikes a corpse.

�� (2) Abuse of corpse in the first degree is a Class B felony. [1993 c.294 �2]

�� Note: 166.087 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.090 Telephonic harassment. (1) A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person:

�� (a) By causing the telephone of the other person to ring, such caller having no communicative purpose;

�� (b) By causing such other person�s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone; or

�� (c) By sending to, or leaving at, the other person�s telephone a text message, voice mail or any other message, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone.

�� (2) Telephonic harassment is a Class B misdemeanor.

�� (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the caller is a debt collector, as defined in ORS 646.639, who engaged in the conduct proscribed by subsection (1) of this section while attempting to collect a debt. The affirmative defense created by this subsection does not apply if the debt collector committed the unlawful collection practice described in ORS 646.639 (2)(a) while engaged in the conduct proscribed by subsection (1) of this section. [1987 c.806 �2; 1999 c.115 �1; 2005 c.752 �1]

�� 166.095 Misconduct with emergency telephone calls. (1) A person commits the crime of misconduct with emergency telephone calls if the person:

�� (a) Intentionally refuses to relinquish immediately a party line or public pay telephone after being informed that it is needed for an emergency call; or

�� (b) Requests another to relinquish a party line or public pay telephone to place an emergency call with knowledge that no such emergency exists.

�� (2) As used in this section:

�� (a) �Emergency call� means a telephone call to a police or fire department, or for medical aid or ambulance service, necessitated by a situation in which human life or property is in jeopardy and prompt summoning of aid is essential.

�� (b) �Party line� means a subscriber�s line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

�� (3) Every telephone directory that is distributed to members of the general public in this state shall contain in a prominent place a notice of the offense punishable by this section.

�� (4) Misconduct with emergency telephone calls is a Class B misdemeanor. [1971 c.743 �288; 2005 c.22 �114]

�� 166.110 [Amended by 1961 c.503 �2; repealed by 1971 c.743 �432]

�� 166.115 [1981 c.783 �3; repealed by 2001 c.851 �2 (166.116 enacted in lieu of 166.115)]

�� 166.116 Interfering with public transportation. (1) A person commits the crime of interfering with public transportation if the person:

�� (a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station;

�� (b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles;

�� (c) While in or on a public transit vehicle or public transit station, engages in disorderly conduct in the second degree as defined in ORS 166.025;

�� (d) Subjects a public transportation passenger, employee, agent or security officer or transit police officer to offensive physical contact; or

�� (e) While in or on a public transit vehicle, knowingly ingests, inhales, ignites, injects or otherwise consumes a controlled substance that is not lawfully possessed by the person.

�� (2)(a)(A) Interfering with public transportation as provided in subsection (1)(a) of this section is a Class C misdemeanor.

�� (B) Notwithstanding subparagraph (A) of this paragraph, interfering with public transportation as provided in subsection (1)(a) of this section is a Class A misdemeanor if the person has three or more prior convictions for interfering with public transportation as provided in subsection (1)(a) of this section.

�� (b) Interfering with public transportation as provided in subsection (1)(b) to (e) of this section is a Class A misdemeanor.

�� (3) As used in this section:

�� (a) �Controlled substance� has the meaning given that term in ORS 475.005.

�� (b) �Enter or remain unlawfully� has the meaning given that term in ORS 164.205.

�� (c) �Public transit station� includes all facilities, structures, lands and rights of way that are owned, leased, held or used for the purposes of providing public transportation services.

�� (d) �Public transit vehicle� means a vehicle that is used for public transportation or operated by or under contract to any public body in order to provide public transportation.

�� (e) �Public transportation� means transportation provided by a city, county, special district or any other political subdivision or municipal or public corporation. [2001 c.851 �3 (enacted in lieu of 166.115); 2005 c.631 �4; 2017 c.454 �1; 2024 c.58 �1]

�� 166.119 Interfering with a health care facility. (1) A person commits the crime of interfering with a health care facility if the person intentionally, knowingly or recklessly interferes with access to or from a health care facility, or disrupts the normal functioning of a health care facility, by:

�� (a) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;

�� (b) Making noise that unreasonably disturbs the peace within the facility;

�� (c) Trespassing on the facility or the common areas of the real property upon which the facility is located;

�� (d) Causing the telephone of the facility to ring, vibrate or otherwise alert by visual or auditory means if:

�� (A) The person has no communicative purpose; or

�� (B) The person knows that the person has been forbidden from causing the telephone to ring, vibrate or alert by an individual exercising lawful authority over the receiving telephone; or

�� (e) Subjecting an owner, agent, patient or employee of the facility to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that individual or to commit a felony involving the individual, the property of the individual or a member of the individual�s family, when the threat would reasonably be expected to cause alarm.

�� (2) Interfering with a health care facility is a Class A misdemeanor.

�� (3)(a) No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.

�� (b) Nothing in this section prohibits lawful picketing, lawful protesting or peaceful assembly, or other publicity for the purpose of providing the public with information.

�� (4) In a criminal proceeding based on a charge described in this section, the court shall take all steps reasonably necessary to safeguard the individual�s privacy and prevent harassment of a health care patient or health care provider who is a victim or witness in the proceeding, including granting protective orders and motions in limine when appropriate.

�� (5) As used in this section:

�� (a) �Health care facility� means a facility that provides health care services directly to patients, including but not limited to a hospital, clinic, health care provider�s office, health maintenance organization, diagnostic or treatment center, mental health facility, hospice or nursing home.

�� (b) �Health care provider� means an individual licensed, certified, registered or otherwise authorized to practice by a board, as defined in ORS 413.164, or an officer, director, employee or agent of a health care facility. [2023 c.228 �45]

�� 166.120 [Repealed by 1971 c.743 �432]

�� 166.122 Definitions for ORS 166.122 to 166.128. As used in ORS 166.122 to 166.128:

�� (1) �Critical infrastructure� means a gas, electric or water utility system, an electric substation, a pipeline or other conveyance for carrying gas, natural gas or fuel, a fiber optic cable network, a base transceiver station or other wireless communication infrastructure, a data center, or a dam, bridge, road, airport, marina or rail line.

�� (2) �Destructive device� has the meaning given that term in ORS 166.382.

�� (3) �Toxic substance� means any radiological, biological, pathogenic or chemical substance that may cause death or serious physical injury if ingested, inhaled, consumed or absorbed by a human being.

�� (4) �Widespread� means impacting at least 50 human beings. [2023 c.608 �1]

�� 166.125 Domestic terrorism in the first degree. (1) A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

�� (a) Intentionally destroys or substantially damages critical infrastructure; or

�� (b) Intentionally introduces, releases or disperses a toxic substance into widespread contact with human beings.

�� (2) Domestic terrorism in the first degree is a Class B felony.

�� (3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the first degree as crime category 9 of the sentencing guidelines grid of the commission. [2023 c.608 �2]

�� 166.128 Domestic terrorism in the second degree. (1) A person commits the crime of domestic terrorism in the second degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

�� (a) Intentionally possesses a toxic substance with the intent to introduce the substance into widespread contact with human beings;

�� (b) Intentionally possesses a destructive device with the intent to destroy or substantially damage critical infrastructure;

�� (c) Intentionally attempts to destroy or substantially damage critical infrastructure; or

�� (d) Intentionally attempts to introduce, release or disperse a toxic substance into widespread contact with human beings.

�� (2) Domestic terrorism in the second degree is a Class C felony.

�� (3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the second degree as crime category 7 of the sentencing guidelines grid of the commission. [2023 c.608 �3]

�� 166.130 [Repealed by 1971 c.743 �432]

�� 166.140 [Repealed by 1971 c.743 �432]

�� 166.150 [Repealed by 1971 c.743 �432]

BIAS CRIME

�� 166.155 Bias crime in the second degree. (1) A person commits a bias crime in the second degree if the person:

�� (a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin;

�� (b) Intentionally subjects another person to offensive physical contact because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin; or

�� (c) Intentionally, because of the person�s perception of race, color, religion, gender identity, sexual orientation, disability or national origin of another person or of a member of the other person�s family, subjects the other person to alarm by threatening:

�� (A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the other person�s family; or

�� (B) To cause substantial damage to the property of the other person or of a member of the other person�s family.

�� (2) A bias crime in the second degree is a Class A misdemeanor.

�� (3) As used in this section and ORS 166.165:

�� (a) �Gender identity� means an individual�s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.

�� (b) �Property� means any tangible personal property or real property. [1981 c.785 �1; 1983 c.521 �1; 1989 c.1029 �1; 2007 c.100 �18; 2011 c.421 �1; 2019 c.553 �1]

�� 166.160 [Repealed by 1971 c.743 �432]

�� 166.165 Bias crime in the first degree. (1) A person commits a bias crime in the first degree if the person:

�� (a) Intentionally, knowingly or recklessly causes physical injury to another person because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin;

�� (b) With criminal negligence causes physical injury to another person by means of a deadly weapon because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin; or

�� (c) Intentionally, because of the person�s perception of another person�s race, color, religion, gender identity, sexual orientation, disability or national origin, places another person in fear of imminent serious physical injury.

�� (2) A bias crime in the first degree is a Class C felony. [1981 c.785 �2; 1983 c.521 �2; 1989 c.1029 �2; 1993 c.332 �1; 1995 c.79 �53; 1997 c.249 �50; 2007 c.100 �19; 2011 c.421 �2; 2019 c.553 �2]

�� 166.167 Community service as sentence for bias crime. If a court sentences a person to community service for a violation of ORS 166.155 or 166.165 and the conduct that was the subject of the violation occurred while on the waters of this state or on publicly owned land used for outdoor recreation, the community service may include:

�� (1) Habitat restoration or restoration or maintenance of outdoor recreation facilities under the supervision of the State Parks and Recreation Department, the State Department of Fish and Wildlife or the State Marine Board; and

�� (2) Anti-bias training. [2021 c.393 �3]

AUTHORITY TO REGULATE FIREARMS

�� 166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

�� (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 �1]

�� 166.171 Authority of county to regulate discharge of firearms. (1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.

�� (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

�� (a) A person discharging a firearm in the lawful defense of person or property.

�� (b) A person discharging a firearm in the course of lawful hunting.

�� (c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.

�� (d) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

�� (e) A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.

�� (f) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 �2; 2009 c.556 �1]

�� 166.172 Authority of city to regulate discharge of firearms. (1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city�s boundaries.

�� (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

�� (a) A person discharging a firearm in the lawful defense of person or property.

�� (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

�� (c) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 �3; 2009 c.556 �2]

�� 166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

�� (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

�� (a) A law enforcement officer.

�� (b) A member of the military in the performance of official duty.

�� (c) A person licensed to carry a concealed handgun.

�� (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

�� (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.

�� (f) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292. [1995 s.s. c.1 �4; 1999 c.782 �8; 2009 c.556 �3; 2015 c.709 �1]

�� 166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms. Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 �5]

�� 166.175 Authority of city to regulate purchase of used firearms. (1) Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores.

�� (2) As used in this section, �secondhand store� means a store or business whose primary source of revenue is the sale of used merchandise. [1995 s.s. c.1 �6]

�� 166.176 Exception to preemption for certain county ordinances. (1) Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision:

�� (a) Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or

�� (b) Regulated, restricted or prohibited the discharge of firearms.

�� (2) Subsection (1) of this section does not apply to:

�� (a) Ordinances regulating, restricting or prohibiting the discharge of firearms on a shooting range or in a shooting gallery or other area designed and built for the purpose of target shooting.

�� (b) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1997 c.403 �1; 2009 c.556 �4]

POSSESSION AND USE OF WEAPONS

(Generally)

�� 166.180 Negligently wounding another. Any person who, as a result of failure to use ordinary care under the circumstances, wounds any other person with a bullet or shot from any firearm, or with an arrow from any bow, commits a Class B misdemeanor. In addition, any person so convicted shall forfeit any license to hunt, obtained under the laws of this state, and shall be ineligible to obtain a license to hunt for a period of 10 years following the date of conviction. [Formerly 163.310; 2011 c.597 �162]

�� 166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. [Formerly

ORS 685.990

685.990�� Penalties

GENERAL PROVISIONS

�� 685.010 Definitions. As used in this chapter:

�� (1) �Accredited naturopathic school or college� means a naturopathic school or college that offers a four-year full-time resident program of study in naturopathy that:

�� (a) Leads to a doctoral degree in naturopathic medicine; and

�� (b) Is approved by the Oregon Board of Naturopathic Medicine to meet the standards specifically incorporated into board rules.

�� (2) �Drugs� includes:

�� (a) Substances recognized as drugs in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia of the United States, other drug compendium or any supplement to any of them;

�� (b) Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in a human;

�� (c) Substances, other than food, intended to affect the structure or any function of the body of humans; and

�� (d) Substances intended for use as a component of any substance specified in paragraph (a), (b) or (c) of this subsection.

�� (3) �Minor surgery� means the use of electrical or other methods for the surgical repair and care incident thereto of superficial lacerations and abrasions, benign superficial lesions and the removal of foreign bodies located in the superficial structures; and the use of antiseptics and local anesthetics in connection therewith.

�� (4) �Naturopathic medicine� means the discipline that includes physiotherapy, natural healing processes and minor surgery and has as its objective the maintaining of the body in, or of restoring it to, a state of normal health.

�� (5) �Naturopathic physician� means a person who holds a degree of Doctor of Naturopathic Medicine and is licensed under this chapter. [Amended by 1953 c.557 �4; 1985 c.624 �3; 1989 c.575 �1; 1989 c.945 �3; 1993 c.42 �1; 1999 c.512 �1; 2003 c.154 �1; 2007 c.434 �1; 2009 c.43 �11; 2009 c.420 �1; 2015 c.224 �3]

�� 685.020 License required to practice naturopathic medicine; use of certain titles and abbreviations; exceptions. (1) Except as provided in subsection (3) of this section, a person may not practice, attempt to practice, or claim to practice naturopathic medicine in this state without first complying with the provisions of this chapter.

�� (2) Only licensees under this chapter may use any or all of the following terms, consistent with academic degrees earned: �Doctor of Naturopathy� or its abbreviation, �N.D.,� �Naturopath� or �Naturopathic Physician.� However, none of these terms, or any combination of them, shall be so used as to convey the idea that the physician who uses them practices anything other than naturopathic medicine.

�� (3) Subsection (1) of this section does not apply to:

�� (a) A bona fide student of naturopathic medicine who, during the period of the student�s enrollment and as part of a doctoral course of study in an Oregon accredited naturopathic educational institution, engages in clinical training under the supervision of institution faculty, if the clinical training facility and level of supervision meet the standards adopted by the Oregon Board of Naturopathic Medicine by rule.

�� (b) A person authorized to practice under ORS 676.347. [Amended by 1997 c.560 �1; 2001 c.526 �1; 2009 c.43 �12; 2022 c.62 �8]

�� 685.030 Application of chapter. (1) This chapter does not apply to any:

�� (a) Physician licensed by the Oregon Medical Board to practice medicine or podiatry;

�� (b) Chiropractor licensed by the State Board of Chiropractic Examiners; or

�� (c) Christian Scientist or other person who by religious or spiritual means endeavors to prevent or cure disease or suffering in accord with the tenets of any church.

�� (2) This chapter does not authorize licensees to:

�� (a) Practice optometry or administer chiropractic adjustments;

�� (b) Practice any system or method of treatment not authorized in this chapter; or

�� (c) Do major surgery.

�� (3) A licensee under this chapter may perform health maintenance and restoration measures consistent with generally recognized and accepted principles of naturopathic medicine, including but not limited to:

�� (a) Administering, dispensing or writing prescriptions for drugs;

�� (b) Recommending the use of specific and appropriate over-the-counter pharmaceuticals;

�� (c) Administering anesthetics or antiseptics in connection with minor surgery as defined in ORS

ORS 688.010

688.010 to 688.201 and this section as an attending physician.

�� (4) �Drugs� means all medicines and preparations and all substances, except over-the-counter nonprescription substances, food, water and nutritional supplements taken orally, used or intended to be used for the diagnosis, cure, treatment, mitigation or prevention of diseases or abnormalities of humans, which are recognized in the latest editions of the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia, official National Formulary, or any supplement to any of them, or otherwise established as drugs.

�� (5) �Minor surgery� means the use of electrical or other methods for the surgical repair and care incident thereto of superficial lacerations and abrasions, benign superficial lesions, and the removal of foreign bodies located in the superficial structures; and the use of antiseptics and local anesthetics in connection therewith. [Amended by 1953 c.541 �2; 1975 c.492 �1; 1987 c.726 �1; 1995 c.493 �1; 1997 c.264 �4; 2005 c.627 �17; 2007 c.618 �1; 2009 c.697 �9; 2009 c.756 �49]

�� 684.015 Prohibited practices. (1) Without first complying with the provisions of this chapter, no person shall:

�� (a) Practice or attempt to practice chiropractic.

�� (b) Buy, sell or fraudulently obtain a diploma or license to practice chiropractic, whether recorded or not.

�� (c) Use the title �Chiropractic,� �D.C.,� �Chiropractor,� �Chiropractic D.C.,� or �Ph.C.,� or any word or title to induce belief that the person is engaged in the practice of chiropractic.

�� (d) Place upon any door a sign for the purpose of displaying any of the titles mentioned in paragraph (c) of this subsection.

�� (2) The display of such titles or any of them fraudulently obtained is prima facie evidence that such person is fraudulently engaged in the practice of chiropractic and subject to this chapter.

�� (3) No person practicing under this chapter shall administer or write prescriptions for, or dispense drugs, practice optometry or naturopathic medicine or do major surgery. [Formerly 684.110]

�� 684.020 License required to practice chiropractic; exceptions. (1) Except as provided in ORS

ORS 689.005

689.005.

�� (5) �Fighting dog� means a dog that is intentionally bred or trained to be used in, or that is actually used in, a dogfight. A dog does not constitute a fighting dog solely on account of its breed.

�� (6) �Fighting pit� means a walled area designed to contain a dogfight.

�� (7) �Springpole� means a biting surface attached to a stretchable device, suspended at a height sufficient to prevent a dog from reaching the biting surface while touching the ground.

�� (8) �Treadmill� means:

�� (a) A carpet mill made of narrow sections of carpet;

�� (b) A modified electric treadmill for the purpose of conditioning dogs; or

�� (c) A slat mill with a running surface constructed of slats made of wood, fiberglass, plastic or other similar material. [1987 c.249 �1; 2005 c.467 �1; 2008 c.42 �3]

�� 167.365 Dogfighting. (1) A person commits the crime of dogfighting if the person knowingly does any of the following:

�� (a) Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog, including but not limited to any advertisement by the person to sell such a dog.

�� (b) Promotes, conducts or participates in, or performs any service in the furtherance of, an exhibition of dogfighting, including but not limited to refereeing of a dogfight, handling of dogs at a dogfight, transportation of spectators to a dogfight, organizing a dogfight, advertising a dogfight, providing or serving as a stakes holder for any money wagered on a fight.

�� (c) Keeps, uses or manages, or accepts payment of admission to, any place kept or used for the purpose of dogfighting.

�� (d) Suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of dogfighting.

�� (2) Dogfighting is a Class C felony. [1987 c.249 �2]

�� 167.370 Participation in dogfighting. (1) A person commits the crime of participation in dogfighting if the person knowingly:

�� (a) Attends or has paid admission at any place for the purpose of viewing or betting upon a dogfight.

�� (b) Advertises or otherwise offers to sell equipment that the person knows or reasonably should know will be used for the purpose of training and handling a fighting dog.

�� (2) Participation in dogfighting is a Class C felony. [1987 c.249 �3; 2008 c.42 �1]

�� 167.372 Possessing dogfighting paraphernalia. (1) A person commits the crime of possessing dogfighting paraphernalia if the person owns or possesses dogfighting paraphernalia with the intent that the paraphernalia be used to train a dog as a fighting dog or be used in the furtherance of a dogfight.

�� (2) Possessing dogfighting paraphernalia is a Class C felony. [2005 c.467 �3; 2008 c.42 �2]

�� 167.374 Possession or control of dogs for purpose of reproduction; records; exceptions. (1) As used in this section:

�� (a) �Boarding kennel� means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days.

�� (b) �Dog� means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.

�� (c) �Litter� means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.

�� (2) A person may not possess, control or otherwise have charge of at the same time more than 50 sexually intact dogs that are two years of age or older for the primary purpose of reproduction. It is prima facie evidence that a person possesses dogs for the primary purpose of reproduction if during a 12-month period the person sells, offers for sale, barters or exchanges more than three litters of dogs that are less than eight months of age.

�� (3) A person that possesses, controls or otherwise has charge of 50 or more sexually intact dogs that are eight months of age or older shall maintain a record for each of those dogs that identifies:

�� (a) The date of birth for the dog or, if the date of birth is unknown, the date the person acquired possession, control or charge of the dog and the source of the dog;

�� (b) The dates on which the dog has been bred;

�� (c) For a female, the number of dogs in each litter produced; and

�� (d) The disposition the person makes of each dog possessed by, controlled by or in the charge of the person, including the date of disposition, manner of disposition and the name and address information for any person taking possession, control or charge of a dog.

�� (4) A person shall retain a record required under subsection (3) of this section for a period of three years following the death of the dog or a date on which the person permanently ceased to have possession, control or charge of the dog.

�� (5) Subsections (2) to (4) of this section do not apply to:

�� (a) An animal control agency, humane society or animal shelter;

�� (b) A person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter;

�� (c) A veterinary facility;

�� (d) A person that is transporting dogs; or

�� (e) A boarding kennel.

�� (6) A violation of this section is a Class B misdemeanor. However, a court shall suspend sentence under this subsection for a violation of subsection (2) of this section if the person agrees to have a sufficient number of dogs spayed or neutered to remedy the violation. [2009 c.297 �1]

�� 167.375 [1987 c.249 �4; repealed by 2009 c.550 �7]

�� 167.376 Standards of care applicable to dog breeders; records; exceptions. (1) As used in this section:

�� (a) �Boarding kennel� means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days.

�� (b) �Dog� means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies.

�� (c) �Litter� means one or more dogs, sold individually or together, that are all or part of a group of dogs born to the same mother at the same time.

�� (d) �Regular exercise� means the removal of the dog from the dog�s primary enclosure and:

�� (A) Walking the dog on a leash;

�� (B) Allowing the dog to move about freely within a building or an outdoor space at least one hour per day; or

�� (C) Allowing the dog to walk on a treadmill, jenny mill, slat mill or similar device, if use of the device is prescribed for the dog by a veterinarian to accommodate a specific medical condition.

�� (2) A person that possesses, controls or otherwise has charge of at the same time 10 or more sexually intact dogs that are eight months of age or older shall, in addition to providing minimum care as defined in ORS 167.310:

�� (a) Provide each dog with sufficient space to turn about freely, stand and sit and to lie down without the head, face, tail, legs or feet of the dog touching the sides of the enclosure or touching any other dog.

�� (b) Provide each dog with an enclosure that:

�� (A) Has a solid floor without slats or gaps;

�� (B) Is six inches higher than the head of the tallest dog in that enclosure when the tallest dog is in a normal standing position;

�� (C) If elevated above the floor of a room, is placed so that the floor of the enclosure is no more than 42 inches above the floor of the room; and

�� (D) Is not stacked or otherwise placed above or below any other dog enclosure.

�� (c) Provide each dog that is more than four months of age with at least one hour of regular exercise each day, unless a veterinarian has certified that the dog is medically precluded from exercise.

�� (d) Remove waste and contaminants from the enclosure at least once each day.

�� (e) Remove the dog from the enclosure when cleaning the enclosure of waste and contaminants.

�� (f) Maintain a record for each sexually intact dog that is eight months of age or older that identifies:

�� (A) The date of birth for the dog or, if the date of birth is unknown, the date on which the person acquired possession, control or charge of the dog and the source of the dog;

�� (B) Any veterinary care provided for the dog; and

�� (C) The disposition the person makes of each dog possessed by, controlled by or in the charge of the person, including the date of disposition, manner of disposition and the name and address information for any person taking possession, control or charge of a dog.

�� (3) A person shall retain a record required under subsection (2) of this section for a period of three years following the death of the dog or a date on which the person permanently ceased to have possession, control or charge of the dog.

�� (4) Subsections (2) and (3) of this section do not apply to:

�� (a) An animal control agency, humane society or animal shelter;

�� (b) A person who provides care for dogs at the request of a unit of government, government agency, humane society or animal shelter;

�� (c) A veterinary facility;

�� (d) A person that is transporting dogs; or

�� (e) A boarding kennel.

�� (5) A violation of this section is a Class B misdemeanor. [2009 c.297 �2]

�� 167.379 [2001 c.666 �54; repealed by 2005 c.830 �48]

�� 167.380 [1987 c.249 �5; repealed by 2001 c.666 �56]

�� 167.383 Equine tripping. (1) As used in this section, �equine� means any member of the family Equidae.

�� (2) Except as provided in subsection (3) of this section, a person commits the offense of equine tripping if, for purposes of a rodeo, contest, exhibition, entertainment or sport or as practice for a rodeo, contest, exhibition, entertainment or sport, the person intentionally ropes or lassos the legs of an equine, intentionally causing the equine to trip or fall.

�� (3) Subsection (2) of this section does not apply to a person who causes an equine to trip or fall for the purpose of allowing veterinary care for the equine.

�� (4) The offense of equine tripping is a Class B misdemeanor. [2013 c.616 �2]

�� Note: 167.383 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 167.385 Unauthorized use of a livestock animal. (1) A person commits the crime of unauthorized use of a livestock animal when the person knowingly:

�� (a) Takes, appropriates, obtains or withholds a livestock animal from the owner thereof or derives benefit from a livestock animal without the consent of the owner of the animal; or

�� (b) Takes or holds a livestock animal and thereby obtains the use of the animal to breed, bear or raise offspring without the consent of the owner of the animal.

�� (2) Except as otherwise provided by law, offspring born to a female livestock animal or hatched from the egg of a female livestock animal belong to the owner of the female livestock animal until the owner transfers ownership of the offspring.

�� (3) As used in this section, �livestock animal� has the same meaning given that term in ORS

ORS 689.995

689.995�� Criminal penalties

GENERAL PROVISIONS

�� 689.005 Definitions. As used in this chapter:

�� (1) �Administer� means the direct application of a drug or device whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:

�� (a) A practitioner or the practitioner�s authorized agent; or

�� (b) The patient or research subject at the direction of the practitioner.

�� (2) �Approved continuing pharmacy education program� means those seminars, classes, meetings, workshops and other educational programs on the subject of pharmacy approved by the State Board of Pharmacy.

�� (3) �Clinical pharmacy agreement� means an agreement between a pharmacist or pharmacy and a health care organization or a physician as defined in ORS 677.010 or a naturopathic physician as defined in ORS 685.010 that permits the pharmacist to engage in the practice of clinical pharmacy for the benefit of the patients of the health care organization, physician or naturopathic physician.

�� (4) �Continuing pharmacy education� means:

�� (a) Professional, pharmaceutical post-graduate education in the general areas of socio-economic and legal aspects of health care;

�� (b) The properties and actions of drugs and dosage forms; and

�� (c) The etiology, characteristics and therapeutics of the disease state.

�� (5) �Continuing pharmacy education unit� means the unit of measurement of credits for approved continuing education courses and programs.

�� (6) �Deliver� or �delivery� means the actual, constructive or attempted transfer of a drug or device other than by administration from one person to another, whether or not for a consideration.

�� (7) �Device� means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, which is required under federal or state law to be prescribed by a practitioner and dispensed by a pharmacist.

�� (8) �Dispense� or �dispensing� means the preparation and delivery of a prescription drug pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug.

�� (9) �Distribute� means the delivery of a drug other than by administering or dispensing.

�� (10) �Drug� means:

�� (a) Articles recognized as drugs in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, other drug compendium or any supplement to any of them;

�� (b) Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in a human or other animal;

�� (c) Articles, other than food, intended to affect the structure or any function of the body of humans or other animals; and

�� (d) Articles intended for use as a component of any articles specified in paragraph (a), (b) or (c) of this subsection.

�� (11) �Drug order� means a written order, in a hospital or other inpatient care facility, for an ultimate user of any drug or device issued and signed by a practitioner, or an order transmitted by other means of communication from a practitioner, that is immediately reduced to writing by a pharmacist, licensed nurse or other practitioner.

�� (12) �Drug outlet� means a pharmacy, nursing home, shelter home, convalescent home, extended care facility, drug abuse treatment center, penal institution, hospital, family planning clinic, student health center, retail store, wholesaler, manufacturer, mail-order vendor or other establishment with facilities located within or out of this state that is engaged in dispensing, delivery or distribution of drugs within this state.

�� (13) �Drug room� means a secure and lockable location within an inpatient care facility that does not have a licensed pharmacy.

�� (14) �Electronically transmitted� or �electronic transmission� means a communication sent or received through technological apparatuses, including computer terminals or other equipment or mechanisms linked by telephone or microwave relays, or similar apparatus having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

�� (15) �Injectable hormonal contraceptive� means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that a health care practitioner administers to the patient by injection.

�� (16) �Institutional drug outlet� means hospitals and inpatient care facilities where medications are dispensed to another health care professional for administration to patients served by the hospitals or facilities.

�� (17) �Intern� means a person who is enrolled in or has completed a course of study at a school or college of pharmacy approved by the board and who is licensed with the board as an intern.

�� (18) �Internship� means a professional experiential program approved by the board under the supervision of a licensed pharmacist registered with the board as a preceptor.

�� (19) �Labeling� means the process of preparing and affixing of a label to any drug container exclusive, however, of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged legend drug or device.

�� (20) �Manufacture� means the production, preparation, propagation, compounding, conversion or processing of a device or a drug, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substances or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a drug by an individual for their own use or the preparation, compounding, packaging or labeling of a drug:

�� (a) By a practitioner as an incident to administering or dispensing of a drug in the course of professional practice; or

�� (b) By a practitioner or by the practitioner�s authorization under supervision of the practitioner for the purpose of or as an incident to research, teaching or chemical analysis and not for sale.

�� (21) �Manufacturer� means a person engaged in the manufacture of drugs.

�� (22) �Nonprescription drug outlet� means a business or other establishment that is open to the general public for the sale or nonprofit distribution of nonprescription drugs and is registered under ORS 689.305.

�� (23) �Nonprescription drugs� means drugs that may be sold without a prescription and that are prepackaged for use by the consumer and labeled in accordance with the requirements of the statutes and regulations of this state and the federal government.

�� (24) �Person� means an individual, corporation, partnership, association or other legal entity.

�� (25) �Pharmacist� means an individual licensed by this state to engage in the practice of pharmacy or to engage in the practice of clinical pharmacy.

�� (26) �Pharmacy� means a place that meets the requirements of rules of the board, is licensed and approved by the board where the practice of pharmacy may lawfully occur and includes apothecaries, drug stores, dispensaries, hospital outpatient pharmacies, pharmacy departments and prescription laboratories but does not include a place used by a manufacturer or wholesaler.

�� (27) �Pharmacy technician� means a person licensed by the board who assists in the practice of pharmacy pursuant to rules of the board.

�� (28) �Practice of clinical pharmacy� means:

�� (a) The health science discipline in which, in conjunction with the patient�s other practitioners, a pharmacist provides patient care to optimize medication therapy and to promote disease prevention and the patient�s health and wellness;

�� (b) The provision of patient care services, including but not limited to post-diagnostic disease state management services; and

�� (c) The practice of pharmacy by a pharmacist pursuant to a clinical pharmacy agreement.

�� (29) �Practice of pharmacy� means:

�� (a) The interpretation and evaluation of prescription orders;

�� (b) The compounding, dispensing and labeling of drugs and devices, except labeling by a manufacturer, packer or distributor of nonprescription drugs and commercially packaged legend drugs and devices;

�� (c) The prescribing and administering of vaccines and immunizations and the providing of patient care services pursuant to ORS 689.645;

�� (d) The administering of drugs and devices to the extent permitted under ORS 689.655;

�� (e) The participation in drug selection and drug utilization reviews;

�� (f) The proper and safe storage of drugs and devices and the maintenance of proper records regarding the safe storage of drugs and devices;

�� (g) The responsibility for advising, where necessary or where regulated, of therapeutic values, content, hazards and use of drugs and devices;

�� (h) The monitoring of therapeutic response or adverse effect to drug therapy;

�� (i) The optimizing of drug therapy through the practice of clinical pharmacy;

�� (j) Patient care services, including medication therapy management and comprehensive medication review;

�� (k) The offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of pharmacy;

�� (L) The prescribing and administering of injectable hormonal contraceptives and the prescribing and dispensing of self-administered hormonal contraceptives pursuant to ORS 689.689;

�� (m) The prescribing and dispensing of emergency refills of insulin and associated insulin-related devices and supplies pursuant to ORS 689.696;

�� (n) The prescribing, dispensing and administering of preexposure prophylactic antiretroviral therapies and post-exposure prophylactic antiretroviral therapies, pursuant to ORS 689.704 and rules adopted by the board under ORS

ORS 690.005

690.005 to 690.225. [2023 c.273 �2]

�� 690.210 [Repealed by 1977 c.270 �3; 1977 c.842 �26 and 1977 c.886 �42]

�� 690.215 [1977 c.886 �22(1); 1999 c.425 �22; repealed by 2003 c.547 �118]

�� 690.220 [Amended by 1969 c.687 �12; repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.225 Inspections. (1) In addition to any other duties prescribed by law, the Health Licensing Office shall provide for the inspection of facilities.

�� (2) Inspections conducted under this section shall determine whether the facilities comply with the health, safety, infection control and licensing rules of the Board of Cosmetology.

�� (3)(a) The office may not inspect a school unless the Higher Education Coordinating Commission requests the office�s assistance in carrying out an inspection of a school.

�� (b) The office may not impose any disciplinary action on a school. [1977 c.886 �26; 1983 c.151 �17; 1987 c.31 �11; 1987 c.414 �86; 1989 c.491 �68; 1993 c.45 �299; 1993 c.267 �16; 1995 c.343 �69; 1999 c.425 �23; 1999 c.885 �21a; 2003 c.547 �49; 2005 c.648 �64; 2012 c.104 �45; 2013 c.568 ��90,91; 2023 c.273 �13]

�� Note: Section 16, chapter 273, Oregon Laws 2023, provides:

�� Sec. 16. A school that teaches a curriculum that was approved by the Higher Education Coordinating Commission before the operative date specified in section 19 of this 2023 Act [July 1, 2024] may continue to teach the curriculum after the operative date specified in section 19 of this 2023 Act unless the Health Licensing Office determines that the curriculum must be approved by the office pursuant to rules adopted by the Board of Cosmetology under ORS 690.005 to 690.225. [2023 c.273 �16]

�� 690.227 [1999 c.425 �24; repealed by 2003 c.547 �118]

�� 690.228 [1983 c.151 �16b; 1999 c.425 �31; repealed by 2003 c.547 �118]

�� 690.230 [Amended by 1961 c.436 �4; repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.235 [1977 c.886 �23; 1981 c.141 �3; 1983 c.151 �18; 1987 c.414 �87; 1989 c.675 �1; 1993 c.267 �17; 1999 c.425 �25; 1999 c.885 �22; 2003 c.547 �50; 2005 c.648 �65; 2009 c.701 �44; repealed by 2013 c.314 �65]

�� 690.240 [Amended by 1969 c.377 �2; repealed by 1971 c.734 �21]

�� 690.243 [1977 c.886 �24; repealed by 1979 c.31 �1]

�� 690.245 [1971 c.734 �146; repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.250 [Amended by 1969 c.377 �3; repealed by 1971 c.734 �21]

�� 690.260 [Repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.270 [Repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.275 [1977 c.886 �38a; 1979 c.855 �1; 1983 c.151 �20; renumbered 345.460]

�� 690.280 [Amended by 1965 c.373 �1; 1971 c.753 �31; repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.290 [Amended by 1969 c.377 �1; 1973 c.832 �40a; repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.300 [Amended by 1965 c.274 �3; 1969 c.314 �91; 1969 c.377 �4; 1973 c.832 �40b; repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.310 [Amended by 1969 c.377 �5; repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.320 [Amended by 1973 c.832 �41; repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.330 [Amended by 1961 c.436 �5; repealed by 1977 c.842 �26 and 1977 c.886 �42]

�� 690.340 [Amended by 1967 c.637 �34; repealed by 1977 c.842 �26 and 1977 c.886 �42]

ELECTROLOGISTS AND BODY ART PRACTITIONERS

(Generally)

�� 690.350 Definitions for ORS 690.350 to 690.410. As used in ORS 690.350 to 690.410, unless the context requires otherwise:

�� (1) �Body piercing� means the puncturing of a part of the body of a live human being to create a permanent hole for ornamentation or decoration.

�� (2) �Dermal implanting� means the insertion of an object under the skin of a live human being for ornamentation or decoration.

�� (3)(a) �Earlobe piercing� means the puncturing of the soft lower part of the external ear of a live human being for ornamentation or decoration.

�� (b) �Earlobe piercing� does not include the puncturing of ear cartilage.

�� (4) �Electrolysis� means the process by which hair, with a series of treatments, is permanently removed from the skin by inserting a needle-conductor into the hair follicle and directing electrical energy toward the hair cell. The word �electrolysis� is used in generic form in ORS 690.350 to 690.410 and refers to modalities of galvanic electrolysis, thermolysis and combinations thereof.

�� (5) �Facility� means a fixed or mobile place of business operated on a regular or irregular basis for the purpose of providing services in one or more fields of practice.

�� (6) �Field of practice� means:

�� (a) Tattooing;

�� (b) Body piercing;

�� (c) Earlobe piercing;

�� (d) Electrolysis;

�� (e) Dermal implanting; or

�� (f) Scarification.

�� (7) �License� means a written authorization issued under ORS 690.365 authorizing the holder to:

�� (a) Perform services in one or more fields of practice; or

�� (b) Operate a facility.

�� (8) �Scarification� means injury of the skin to produce a scar on a live human being for permanent ornamentation or decoration.

�� (9) �Tattooing� means the process by which a live human being is marked or colored by insertion of nontoxic dyes or pigments to form indelible marks for ornamentation or decoration.

�� (10) �Temporary license� means a written authorization issued under ORS 690.365 temporarily authorizing the holder to:

�� (a) Perform services in a field of practice; or

�� (b) Operate a facility. [1987 c.698 �1; 1993 c.30 �1; 1993 c.45 �300; 1999 c.885 �37; 2003 c.547 �51; 2005 c.648 �66; 2011 c.346 �8; 2013 c.82 �4]

�� 690.355 [1987 c.698 �2; 1989 c.171 �82; 1993 c.30 �2; 1999 c.885 �38; 2005 c.648 �67; repealed by 2011 c.346 �33]

�� 690.360 Prohibited acts; exceptions. (1) A person may not:

�� (a) Perform or attempt to perform services in a field of practice without a license to perform services in that field of practice;

�� (b) Perform or attempt to perform services in a field of practice outside a licensed facility;

�� (c) Display a sign or in any way advertise or purport to offer services in a field of practice without a license to perform services in that field of practice;

�� (d) Operate a facility, display a sign or in any way advertise or purport to offer services in a field of practice in a facility without a license to operate a facility or a temporary license to operate a facility;

�� (e) Knowingly make a false statement on an application to obtain or renew a license;

�� (f) Allow an individual in the employ or under the supervision or control of the person to perform services in a field of practice without a license to perform services in that field of practice;

�� (g) Sell, barter or offer to sell or barter a document evidencing a license;

�� (h) Purchase or procure by barter a document evidencing a license with intent to use the document as evidence of the person�s qualification to provide services in a field of practice;

�� (i) Materially alter with fraudulent intent a license or temporary license; or

�� (j) Use or attempt to use a fraudulently obtained, counterfeited or materially altered license or temporary license.

�� (2) ORS 690.350 to 690.410 do not limit, preclude or otherwise interfere with the practice of other persons or health care providers licensed in this state.

�� (3) Subsection (1)(a), (b) or (d) of this section does not apply to:

�� (a) A student while engaged in training at the direction of and under the direct supervision of the faculty of a school; or

�� (b) An individual self-administering body piercing. [1987 c.698 �13; 1993 c.30 �3; 2003 c.547 �52; 2011 c.346 �11; 2013 c.314 �44; 2023 c.273 �14]

(Licensing)

�� 690.365 License to perform services and facility licenses; qualifications; inspection; posting requirement; temporary licenses. (1)(a) The Health Licensing Office shall issue a license to perform services in a field of practice to an applicant who:

�� (A) Shows to the satisfaction of the office that the applicant:

�� (i) Is at least 18 years of age;

�� (ii) Has a high school diploma or equivalent education; and

�� (iii) Has submitted evidence of completion of education and training prescribed and approved by the office;

�� (B) Has passed an examination approved, administered or recognized by the office; and

�� (C) Pays the applicable fees established under ORS 676.576.

�� (b) The office may issue a temporary license to perform services in a field of practice as prescribed by office rule.

�� (2)(a) The office shall issue a license to operate a facility to a person who:

�� (A) Files an application in the form and manner prescribed by the office;

�� (B) Pays the applicable fees established under ORS 676.576; and

�� (C) Complies with other requirements established by the office by rule.

�� (b) The office shall conduct periodic inspections of facilities to determine compliance with safety, infection control and sterilization requirements.

�� (c) A person holding a license to operate a facility must post the license in a conspicuous place at all times on the premises of the facility.

�� (d) The office may issue a temporary license to operate a facility in accordance with rules adopted by the office. [1987 c.698 �3; 1993 c.30 �4; 2001 c.104 �264; 2003 c.547 �53; 2005 c.648 �68; 2009 c.701 �46; 2011 c.346 �12; 2013 c.314 �45; 2013 c.568 �93]

�� 690.370 Examinations; rules. The Health Licensing Office shall offer an examination for applicants for licenses to perform services in each field of practice at least twice a year. An applicant who fails any part of the examination may retake the failed section in accordance with rules adopted by the office. [1987 c.698 �4; 2001 c.104 �265; 2003 c.547 �54; 2005 c.648 �69; 2011 c.346 �13; 2013 c.568 �94]

�� 690.380 Display of license required; notice to Health Licensing Office of place of business; notice to licensees. (1) A person who holds a license under ORS 690.350 to 690.410 shall notify the Health Licensing Office in writing of the regular address of the place or places where the person performs or intends to perform services in a field of practice and shall keep the license conspicuously posted in the place of business at all times.

�� (2) The office shall keep a record of the place or places of business of each person who holds a license.

�� (3) Any notice required to be given by the office to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the office. [1987 c.698 �8; 1993 c.30 �5; 2001 c.104 �266; 2003 c.547 �55; 2005 c.648 �70; 2011 c.346 �14; 2013 c.568 �95]

�� 690.385 License renewal. (1) To renew a license issued under ORS 690.365, the licensee must submit to the Health Licensing Office:

�� (a) A completed renewal application;

�� (b) The applicable renewal fee established under ORS 676.576; and

�� (c) Satisfactory evidence of having completed any required continuing education credits on or before the expiration date of the license as specified by office rule.

�� (2) A temporary license issued under ORS 690.365 expires as established by the office by rule. [1987 c.698 �9; 1993 c.30 �6; 2001 c.104 �267; 2003 c.547 �56; 2005 c.648 �71; 2009 c.701 �47; 2011 c.346 �15; 2013 c.314 �46; 2013 c.568 �96]

�� 690.390 Required standards for practitioners; rules. The Health Licensing Office shall establish standards for practitioners in a field of practice. The standards must require:

�� (1) That instruments used in a field of practice be sterilized in accordance with methods approved by the rules of the office;

�� (2) A practitioner working in a field of practice to be equipped with appropriate sterilizing equipment, hot and cold running water and a covered waste receptacle; and

�� (3) A practitioner working in a field of practice to keep case history cards for each client. [1987 c.698 �11; 1993 c.30 �7; 2005 c.648 �72; 2011 c.346 �16; 2013 c.568 �97]

�� 690.395 [1987 c.698 �10; 1993 c.30 �8; 2001 c.104 �268; repealed by 2003 c.547 �118]

�� 690.400 [1987 c.698 �12; repealed by 2003 c.547 �118]

(Board of Electrologists and Body Art Practitioners and Health Licensing Office)

�� 690.401 Board of Electrologists and Body Art Practitioners. (1) There is established within the Health Licensing Office the Board of Electrologists and Body Art Practitioners, to advise the office with regard to the regulation of fields of practice. The board consists of seven members appointed by the Governor.

�� (2) Members of the board must be residents of this state. Of the members of the board:

�� (a) Two members must be licensed under ORS 690.365 to perform body piercing, dermal implanting or scarification;

�� (b) One member must be licensed under ORS 690.365 to practice electrolysis;

�� (c) Two members must be licensed under ORS 690.365 to perform tattooing;

�� (d) One member must be licensed under ORS chapter 677, 678 or 685; and

�� (e) One member must be a member of the public who does not possess the professional qualifications of the other members.

�� (3) The term of office of each member of the board is four years, but a member serves at the pleasure of the Governor. The Governor shall fill vacancies by appointment for the unexpired term. A member shall hold the member�s office until the appointment and qualification of a successor. A member is eligible for reappointment. If a person serves two consecutive full terms, a period of at least four years must elapse before the person is eligible for appointment to serve on the board.

�� (4) The board shall meet at least once per year.

�� (5) Members of the board are entitled to compensation and reimbursement of expenses as provided in ORS 292.495. [2011 c.346 �10; 2013 c.568 �98; 2015 c.56 �1]

�� 690.405 Powers and duties of Health Licensing Office relating to body art practices; rules. (1) The Health Licensing Office shall:

�� (a) Determine the qualifications, training, education and fitness of applicants for licenses, renewal of licenses and reciprocal licenses;

�� (b) Adopt rules as necessary to administer ORS 690.350 to 690.410;

�� (c) Issue, deny, revoke, suspend and renew licenses;

�� (d) Maintain a public record of persons holding licenses;

�� (e) Establish standards of practice and professional responsibility for persons licensed by the office to perform services in a field of practice;

�� (f) Select licensing examinations;

�� (g) Provide for waivers of examinations as appropriate;

�� (h) Appoint representatives to conduct or supervise examinations of applicants for licensure;

�� (i) Inspect the facilities of persons who perform services in one or more fields of practice; and

�� (j) Issue temporary licenses to qualified applicants in accordance with rules adopted by the office.

�� (2) Before the office adopts rules regulating body piercing of genitals or dermal implanting, the office shall consult with the Oregon Medical Board to ensure that the rules protect public safety.

�� (3) The office may consult with the Oregon Medical Board before adopting rules relating to other body art practices. [1987 c.698 �15; 1993 c.30 �9; 1999 c.885 �39; 2003 c.547 �59; 2005 c.648 �73; 2009 c.701 �48; 2011 c.346 �17; 2013 c.314 �47; 2013 c.568 �99]

�� 690.407 Disciplinary authority of Health Licensing Office. In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline listed in ORS 676.612 against any person performing services in a field of practice for any of the grounds listed in ORS 676.612, and for any violation of the provisions of ORS 690.350 to 690.410, or the rules adopted thereunder. [2003 c.547 �57; 2005 c.648 �74; 2011 c.346 �18; 2013 c.568 �100]

�� 690.410 Minimum standards of education and training; rules; schools. (1) The Health Licensing Office, in accordance with ORS chapter 183 and in consultation with the Board of Electrologists and Body Art Practitioners, shall adopt by rule minimum standards of education and training requirements for each field of practice.

�� (2) The office shall approve courses in each field of practice. To obtain approval of a course, the provider of a course must submit an outline of instruction to the office and the Department of Education. The outline must include the approved courses, total hours of instruction, hours of lectures in theory and the hours of instruction in application of practical skills.

�� (3) Schools teaching a field of practice must comply with the safety and infection control rules adopted by the office and are subject to inspection at the discretion of the office. [1987 c.698 �6; 1989 c.475 �1; 1989 c.491 �69; 1993 c.30 �10; 1993 c.45 �301; 1999 c.885 �40; 2001 c.104 �269; 2003 c.547 �60; 2005 c.648 �75; 2011 c.346 �19; 2013 c.568 �101; 2015 c.56 �2]

�� 690.415 [1987 c.698 �5; 1991 c.703 �33; 1993 c.30 �11; 2001 c.104 �270; 2003 c.547 �61; 2005 c.648 �76; 2009 c.701 �49; 2011 c.346 �20; repealed by 2013 c.314 �65]

�� 690.420 [1987 c.698 ��23,27; 1991 c.734 �104; 1999 c.885 �41; repealed by 2003 c.547 �118]

�� 690.425 [1987 c.698 �24; 1993 c.30 �12; 1999 c.885 �42; 2003 c.547 �62; 2005 c.648 �77; 2009 c.701 �50; repealed by 2011 c.346 �33]

�� 690.430 [1987 c.698 �26; 2001 c.104 �271; 2003 c.547 �63; 2005 c.648 �78; repealed by 2011 c.346 �33]

�� 690.500 [1995 c.562 �1; 1999 c.885 �51; 2003 c.547 �66; 2005 c.648 �79; repealed by 2011 c.346 �33]

�� 690.507 [2003 c.547 �64; 2005 c.648 �80; 2009 c.701 �51; repealed by 2011 c.346 �33]

�� 690.510 [1995 c.562 �2; 1999 c.885 �52; 2003 c.547 �67; 2005 c.648 �81; 2009 c.701 �52; repealed by 2011 c.346 �33]

�� 690.515 [2003 c.547 �72; 2005 c.648 �82; repealed by 2011 c.346 �33]

�� 690.520 [1995 c.562 �3; 1999 c.885 �53; 2003 c.547 �68; 2005 c.648 �83; 2009 c.701 �53; repealed by 2011 c.346 �33]

�� 690.530 [1995 c.562 �4; 2001 c.104 �272; 2005 c.648 �84; repealed by 2011 c.346 �33]

�� 690.540 [1995 c.562 �5; 1999 c.885 �54; repealed by 2003 c.547 �118]

�� 690.550 [1995 c.562 �6; 1999 c.885 �55; 2003 c.547 �69; 2005 c.648 �85; 2009 c.701 �54; repealed by 2011 c.346 �33]

�� 690.560 [1995 c.562 �7; repealed by 2003 c.547 �118]

�� 690.570 [1995 c.562 �9; 2003 c.547 �71; 2005 c.648 �86; repealed by 2011 c.346 �33]

�� 690.990 [Amended by 1977 c.270 �2; repealed by 1977 c.842 �26 and 1977 c.886 �42]

PENALTIES

�� 690.992 Criminal penalties. (1) Violation of ORS 690.015 is a Class B misdemeanor.

�� (2) Violation of ORS 690.360 is a Class A misdemeanor. [1977 c.886 �25; subsection (2) enacted as 1987 c.698 �14; 2003 c.547 �74; 2011 c.346 �21]

�� 690.995 [1983 c.151 �22; 1991 c.734 �80; 1999 c.425 �26; repealed by 2003 c.547 �118]

�� 690.996 [1987 c.698 ��16,18,19,20; 2001 c.104 �273; repealed by 2003 c.547 �118]

�� 690.997 [1987 c.698 �17; 1991 c.734 �81; repealed by 2003 c.547 �118]

�� 690.998 [1987 c.698 ��21,22; repealed by 1991 c.734 �122]

�� 690.999 [1995 c.562 �8; 1999 c.885 �56; repealed by 2003 c.547 �118]

ORS 690.992

690.992�� Criminal penalties

BARBERING; HAIR DESIGN; ESTHETICS; NAIL TECHNOLOGY; NATURAL HAIR CARE

(Generally)

�� 690.005 Definitions for ORS 690.005 to 690.225. As used in ORS 690.005 to 690.225:

�� (1) �Authorization� has the meaning given that term in ORS 676.562.

�� (2) �Barbering� means any of the following practices, when done upon the human body for cosmetic purposes and not for medical diagnosis or treatment of disease or physical or mental ailments:

�� (a) Shampooing, styling, cutting, singeing and conditioning of the hair of an individual.

�� (b) Applying hair tonics, dressings and rinses.

�� (c) Massaging of the scalp, face and neck and applying facial and scalp treatments with creams, lotions, oils and other cosmetic preparations, either by hand or mechanical appliances, except that the mechanical appliances may not be galvanic or faradic.

�� (d) Shaving, trimming or cutting of the beard or mustache.

�� (3) �Certificate� means a written authorization for the holder to perform in one or more fields of practice.

�� (4) �Cosmetology� means the art or science of beautifying and improving the skin, nails and hair and the study of cosmetics and their application.

�� (5) �Demonstration permit� means a written authorization for a person to practice, demonstrate and teach one or more fields of practice on a temporary basis.

�� (6) �Esthetics� means any of the following skin care or facial care practices performed on the human body or face for the purpose of keeping the skin of the human body or face healthy and attractive and not for medical diagnosis or treatment of disease or physical or mental ailments:

�� (a) The use of the hands or mechanical or electric apparatuses, appliances or devices for cleansing, stimulating, manipulating, exfoliating or applying lotions or creams.

�� (b) Temporary removal of hair by using lotion, cream, an appliance, wax, thread, sugar, tweezers, dermaplaning, a depilatory or other means.

�� (c) Makeup artistry.

�� (d) Eyebrow and eyelash services.

�� (e) Facial and body treatments.

�� (7) �Facility� means an establishment operated on a regular or irregular basis for the purpose of providing services in one or more fields of practice.

�� (8) �Field of practice� means the following cosmetology disciplines:

�� (a) Barbering.

�� (b) Esthetics.

�� (c) Hair design.

�� (d) Nail technology.

�� (e) Natural hair care.

�� (9) �Freelance license� means a written authorization that allows a practitioner to practice outside or away from a licensed facility.

�� (10) �Hair design� means any of the following practices, when done upon the human body for cosmetic purposes and not for medical diagnosis or treatment of disease or physical or mental ailments:

�� (a) Shaving, trimming or cutting of the beard or mustache.

�� (b) Styling, permanent waving, relaxing, cutting, singeing, bleaching, coloring, shampooing, conditioning, applying hair products or similar work upon the hair of an individual.

�� (c) Massaging the scalp and neck when performed in conjunction with activities in paragraph (a) or (b) of this subsection.

�� (11) �Independent contractor� means a practitioner who qualifies as an independent contractor under ORS 670.600 and who is not under the control and direction of a facility license holder.

�� (12) �License� means a written authorization issued under ORS 690.055 to a person to operate a facility or freelance business for providing services related to one or more fields of practice to the public.

�� (13)(a) �Mechanical or electrical apparatus, appliance or device� includes, but is not limited to, galvanic current, high-frequency microcurrents, light-emitting diode therapy and microdermabrasion that does not penetrate beyond the epidermis except through natural physiological effects.

�� (b) �Mechanical or electrical apparatus, appliance or device� does not include lasers or intense pulsed light or a device, as that term is defined by the Board of Cosmetology by rule, in collaboration with the Board of Certified Advanced Estheticians.

�� (14) �Nail technology� means any of the following manicuring or pedicuring practices performed for cosmetic purposes and not for medical diagnosis or treatment of disease or physical or mental ailments:

�� (a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating the nails of the hands or feet.

�� (b) Massaging, cleansing, treating or beautifying the hands, arms below the elbow, feet or legs below the knee.

�� (c) Applying, sculpturing or removing artificial nails of the hands or feet.

�� (15)(a) �Natural hair care� means:

�� (A) The braiding, cornrowing, extending, lacing, locking, sewing, twisting, weaving or wrapping of human hair, natural fibers, synthetic fibers or hair extensions through the use of hands or simple devices such as clips, combs, hairpins or needle and thread;

�� (B) The use of scissors to trim synthetic fibers, hair extensions or sewn-in weave extensions as is necessary to perform the activities described in this paragraph;

�� (C) The making of customized wigs from natural hair, natural fibers, synthetic fibers or hair extensions; or

�� (D) Shampooing or conditioning of the hair of an individual.

�� (b) �Natural hair care� does not include the use of scissors, except as provided in paragraph (a)(B) of this subsection, penetrating chemical hair treatments, chemical hair coloring agents, chemical hair straightening agents, chemical hair joining agents, permanent wave styles or chemical hair bleaching agents.

�� (16) �Practitioner� means a person certified to perform services included within a field of practice.

�� (17) �Registration� means a written authorization issued to an independent contractor to hold forth to the public as a business entity providing services in a field of practice.

�� (18) �School� means an educational establishment that offers a program of study in one or more fields of practice other than natural hair care, including, but not limited to, a career school licensed under ORS 345.010 to 345.340 including a proficiency-based career school, a community college or an educational establishment operated by a school district.

�� (19) �Temporary facility permit� means a written authorization issued under ORS 690.055 to provide services on a temporary basis in one or more fields of practice. [1977 c.886 �1; 1983 c.151 �1; 1987 c.31 �2; 1989 c.171 �81; 1993 c.45 �296; 1993 c.267 �1; 1995 c.343 �61; 1999 c.425 �1; 2003 c.547 �38; 2005 c.117 �1; 2005 c.648 �50; 2009 c.701 �30; 2013 c.82 �3; 2013 c.290 �1; 2013 c.314 �34; 2013 c.568 �76; 2019 c.177 �1; 2021 c.366 �8; 2023 c.273 �4]

�� Note: The amendments to 690.005 by section 3, chapter 117, Oregon Laws 2025, become operative January 1, 2027. See section 6, chapter 117, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience.

�� 690.005. As used in ORS 690.005 to 690.225: