Oregon Professional Engineer Licensing Law

Oregon Code · 218 sections

The following is the full text of Oregon’s professional engineer 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�� 308.480 [Repealed by 1975 c.365 �4]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 105.465

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 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 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 174.113

174.113 and the legislative department as defined in ORS 174.114:

�� (a) May hold copyrights and obtain patents on copyrightable or patentable data processing programs, information or materials that the Secretary of State, State Treasurer, judicial department or legislative department develops, publishes or produces.

�� (b) May cause to have sold, leased or otherwise made available the data processing programs, information or materials to any agency, judicial body or legislative body of any unit of local government, any state or the federal government under terms and conditions to which the Secretary of State, State Treasurer, judicial department or legislative department agrees.

�� (3) Except as provided in this subsection, moneys that a state agency collected under subsection (1) of this section, less expenses that the state agency incurred in developing, producing and distributing software and in training software users, must be deposited in the General Fund and are available for general governmental purposes. If the resources that a state agency expended for the activities described in subsection (1) of this section came from fees or assessments that the state agency charged and collected, the state agency shall deposit the net proceeds of moneys collected under subsection (1) of this section into the same accounts into which the state agency deposits the fees or assessments. The state agency shall use the moneys to reduce the fees or assessments the state agency charges to the extent permitted by law.

�� (4) Except as provided in this subsection, moneys that the Secretary of State, State Treasurer, judicial department or legislative department collected under subsection (2) of this section, less expenses that the Secretary of State, State Treasurer, judicial department or legislative department incurred in developing, producing and distributing software and in training software users, must be deposited in the General Fund and are available for general governmental purposes. If the resources that the Secretary of State, State Treasurer, judicial department or legislative department expended for the activities described in subsection (2) of this section came from fees or assessments that the secretary, treasurer, judicial department or legislative department charged and collected, the secretary, treasurer, judicial department or legislative department shall deposit the net proceeds of moneys collected under subsection (2) of this section into the same accounts into which the secretary, treasurer, judicial department or legislative department deposits the fees or assessments. The Secretary of State, State Treasurer, judicial department or legislative department shall use the moneys to reduce the fees or assessments the secretary, treasurer, judicial department or legislative department charges to the extent permitted by law.

�� (5) As used in this section:

�� (a) �Data processing programs� means software programs and other automated means for processing data.

�� (b) �State agency� has the meaning given that term in ORS 291.002. [1979 c.740 �3; 1993 c.18 �56; 1995 c.452 �22; 2013 c.481 �1; 2015 c.807 �43]

�� Note: See note under 291.040.

�� 291.044 State agency quarterly report of employee pay-line exceptions. (1) For each calendar quarter, a state agency shall report to the Oregon Department of Administrative Services the number of state agency employees during the preceding calendar quarter who received a pay-line exception and the amount of each pay-line exception. For each calendar quarter, the department shall compile the results of the state agency reports and submit the results to the Legislative Fiscal Officer.

�� (2) As used in this section:

�� (a) �Pay-line exception� means any dollar amount added to the base salary of an employee, including, but not limited to, as a percentage of the base salary or as a specified dollar amount.

�� (b) �State agency� has the meaning given that term in ORS 291.263. [2013 c.722 �65]

�� Note: 291.044 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 291 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PUBLIC CONTRACT APPROVAL

�� 291.045 Definitions for ORS 291.045 and 291.047. As used in this section and ORS 291.047:

�� (1) �Information technology� includes, but is not limited to, all present and future forms of hardware, software and services for data processing, office automation and telecommunications.

�� (2) �State agency� includes every state officer, board, commission, department, institution, branch or agency of the state government, whose costs are paid wholly or in part from funds held in the State Treasury, except the Legislative Assembly, the courts and their officers and committees.

�� (3) �Public contract� means any acquisition, disposition, purchase, lease, sale or transfer of rights by a state agency of real or personal property, public improvements or services.

�� (4) �Public improvement� means projects for construction, reconstruction or renovation on real property by or for a state agency. [1997 c.869 �4; 2003 c.449 �22; 2023 c.281 ��53,87]

�� 291.047 Public contract approval by Attorney General; exemptions; rules. (1) The Attorney General shall approve for legal sufficiency all personal services contracts, all architectural and engineering services contracts and all information technology contracts calling for payment in excess of $75,000 entered into by a state agency before any such contract becomes binding on the State of Oregon and before any service may be performed or payment may be made under the contract.

�� (2) The Attorney General shall approve for legal sufficiency all public contracts not subject to subsection (1) of this section that are entered into by a state agency and that provide for payment in excess of $100,000 before any such contract becomes binding on the State of Oregon and before any service may be performed or payment may be made under the contract.

�� (3) The Attorney General shall impose by rule requirements necessary to carry out the provisions of this section. The rules must include, but are not limited to, a requirement that state agencies submit to the Attorney General procurement and other contract documents for review of the anticipated contract before the state agency publicly advertises a procurement of goods or services if the anticipated contract is reasonably expected to require review for legal sufficiency. A state agency may request that the Attorney General assist the agency in developing requests for proposals, invitations to bid and requests for qualifications or information that are suitable to the needs of the agency.

�� (4) The Attorney General may exempt by rule classes of contracts from the requirements of this section if the Attorney General determines that legal review of individual contracts within the class will not materially reduce the degree of risk that state agencies assume under the contracts.

�� (5) The Attorney General may, by rule, set forth a process to exempt contracts or classes of contracts from the requirements of this section if:

�� (a) The contract is substantially composed of forms, terms or conditions that the Attorney General has preapproved; or

�� (b) Circumstances exist that create a substantial risk of loss, damage, interruption of services or threat to public health or safety and that require prompt execution of a contract to deal with the risk.

�� (6) Notwithstanding subsections (1) and (2) of this section, the Attorney General may authorize services to be performed under a contract described in subsection (1) or (2) of this section before approval for legal sufficiency if the Attorney General determines that the authorization will not result in undue risk to this state. An authorization under this subsection must be limited to specific classes of contracts or to contracts for specific agency programs. The Attorney General may condition an authorization on a finding by the Director of the Oregon Department of Administrative Services, or a designee of the director, the State Chief Information Officer, or a designee of the State Chief Information Officer, or by any other agency with a role in approving such contracts that the contract administration practices of the requesting agency are adequate to manage the proposed contract and that the mission of the agency will be significantly impaired without such authorization. [1997 c.869 �2; 1999 c.264 �1; 2015 c.807 �44]

�� 291.049 Ratification of public contract when performance begun prior to contract approval; conditions; effects; rules. (1) If the parties to a public contract perform under the contract before the contract is approved for legal sufficiency by the Attorney General as required under ORS 291.047 and section 3, chapter 869, Oregon Laws 1997, the agency may ratify the public contract if the Attorney General determines that the contract is legally sufficient prior to ratification. As a condition for approval, the Attorney General may require that the contract be amended as necessary to make the contract legally sufficient.

�� (2) Upon approval of the public contract for legal sufficiency and ratification of the public contract by a state agency under this section, the public contract is effective and the state agency may make payments on the ratified public contract even if the payments are for services rendered prior to ratification.

�� (3) The Attorney General may adopt rules to implement this section. [1999 c.264 �2]

�� Note: 291.049 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 291 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

AGENCY FEE RESTRICTIONS

�� 291.050 Definitions for ORS 291.050 to 291.060. As used in ORS 291.050 to 291.060:

�� (1) �Fee� means an amount imposed and collected by a state agency to defray or recover the costs of administering the law involved in providing a service to the public and used by the state agency to carry out or enforce a law under its jurisdiction. �Fee� does not include:

�� (a) Fines, civil penalties or court judgments.

�� (b) Proceeds from the sale of products or charges for rents, leases or other real estate transactions.

�� (c) Interest and other charges for bonding and loan transactions.

�� (d) Charges levied by one state agency on another state agency.

�� (e) Copying charges for public records as defined in ORS 192.311.

�� (f) Charges for attendance at informational seminars.

�� (2) �Legislatively adopted budget� has the meaning given that term in ORS 291.002.

�� (3) �Legislatively approved budget� has the meaning given that term in ORS 291.002.

�� (4) �Products� means goods and publications purchased voluntarily that have a commercial value. �Products� does not include licenses or permits issued by state agencies.

�� (5) �State agency� means every state officer, board, commission, department, institution, branch or agency of the state government that is subject to the provisions of ORS

ORS 182.456

182.456 to 182.472 for the purpose of carrying out ORS 672.505 to 672.705. The board shall consist of four geologists and one public member, appointed by the Governor.

�� (2) Each member of the board shall be a citizen of the United States, and shall have been a resident of this state for one year preceding appointment. Each of the appointed geologist members of the board shall be a geologist registered under ORS 672.505 to 672.705. The State Geologist shall be an ex officio member of the board. Insofar as possible the board shall be composed of members having diverse geological specialties including at least one engineering geologist.

�� (3) Members of the board shall hold office until the expiration of the term for which they were appointed and until their successors have been appointed and qualified. On the expiration of the term of any member, the successor of the member shall be appointed in like manner for a term of three years.

�� (4) A person may not serve as a member of the board for more than two consecutive three-year terms.

�� (5) The Governor may remove any member of the board for misconduct, incompetency, neglect of duty or other sufficient cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment as provided for in this section.

�� (6) The board shall hold at least two regular meetings each year.

�� (7) The board shall fix the qualifications of an administrator.

�� (8) The board may:

�� (a) In accordance with ORS 182.468 (1), select and appoint an administrator; or

�� (b) Notwithstanding ORS 182.468 (1), enter into an interagency agreement with another state agency to provide for the sharing of an administrator.

�� (9) The administrator may not be a member of the board.

�� (10) The board shall fix the compensation of the administrator, who shall be in the unclassified service.

�� (11) The board shall have the authority to appoint committees as required or as considered advisable to perform such duties as the board may direct. Such committees shall be composed of registered geologists. Membership on all such committees is at the pleasure of the board. [1977 c.612 �13; 1987 c.158 �135; 1987 c.414 �49; 1987 c.454 �1; 1993 c.744 �239; 1997 c.643 �24; 1999 c.1084 �63; 2019 c.277 �1]

�� 672.620 [Repealed by 1971 c.751 �39]

�� 672.635 Record of board proceedings; roster. (1) The State Board of Geologist Examiners shall keep a public record of its proceedings.

�� (2) All official records of the board, or affidavits by the administrator as to the content of such records, shall be prima facie evidence of all matters required to be kept therein.

�� (3) The administrator shall make available, upon request and payment of actual cost, an annual roster showing the names and addresses of all registered geologists and certified specialists. [1977 c.612 �16; 1987 c.454 �2; 1997 c.107 �1]

�� 672.645 Appeals filed with board; service on administrator. All appeals from a decision of the State Board of Geologist Examiners, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the administrator of the board. [1977 c.612 �15]

(Professional Conduct)

�� 672.655 Code of professional conduct. The State Board of Geologist Examiners shall cause to be prepared and shall adopt a code of professional conduct which shall be made known in writing to every registrant and applicant for registration under ORS 672.505 to 672.705. A copy of the code shall be provided to each successful applicant at the time of registration under ORS 672.585. The board may revise and amend this code of ethics from time to time and shall forthwith notify each registrant in writing of such revisions or amendments. [1977 c.612 �17; 1997 c.107 �2]

�� 672.665 Charges against geologist. Any person may prefer charges of fraud, deceit, negligence, gross negligence, incompetence or misconduct against any registrant. Such charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the administrator of the State Board of Geologist Examiners. [1977 c.612 �18; 1995 c.154 �1]

�� 672.675 Grounds for reprimand, suspension, revocation or refusal to renew certificate. The State Board of Geologist Examiners has the power to suspend, revoke or refuse to renew the certificate of registration of any registrant or reprimand any registrant who is found to have been involved in:

�� (1) The practice of any fraud or deceit in obtaining a certificate of registration;

�� (2) Any negligence, gross negligence, incompetence or misconduct in the practice of geology as a registered geologist;

�� (3) Any felony; or

�� (4) The commission of any unlawful act as set forth in ORS 672.505 to 672.705. [1977 c.612 �19; 1995 c.154 �2; 2001 c.232 �3]

�� 672.685 Reissuance of revoked certificate. The State Board of Geologist Examiners may reissue a certificate of registration to any person whose certificate has been revoked if the person:

�� (1) Submits a written application to the board showing good cause to justify the reissuance; and

�� (2) Demonstrates compliance with the continuing education requirements established under ORS

ORS 182.470

182.470. Moneys deposited are appropriated continuously to the board and shall be used only for the administration and enforcement of ORS 182.456 to 182.472 and 672.002 to 672.325. [1981 c.150 �2; 1991 c.734 �67; 1997 c.643 �22; 1999 c.1084 �62]

�� 672.330 [Repealed by 1971 c.753 �74]

�� 672.340 [Repealed by 1971 c.751 �39]

�� 672.410 [Amended by 1961 c.550 �1; repealed by 1971 c.751 �39]

�� 672.420 [Amended by 1971 c.751 �7; renumbered 672.025]

�� 672.430 [Repealed by 1971 c.751 �39]

�� 672.440 [Repealed by 1971 c.751 �39]

�� 672.450 [Repealed by 1971 c.751 �39]

�� 672.460 [Repealed by 1971 c.751 �39]

�� 672.470 [Repealed by 1971 c.751 �39]

�� 672.480 [Repealed by 1971 c.751 �39]

�� 672.490 [Repealed by 1971 c.751 �39]

�� 672.500 [Repealed by 1971 c.751 �39]

GEOLOGISTS

(Generally)

�� 672.505 Definitions for ORS 672.505 to 672.705. As used in ORS 672.505 to 672.705, unless the context requires otherwise:

�� (1) �Administrator� means the office as established by ORS 672.505 to 672.705.

�� (2) �Board� means State Board of Geologist Examiners.

�� (3) �Engineering geologist� means a person who applies geologic data, principles and interpretation to naturally occurring materials so that geologic factors affecting planning, design, construction and maintenance of civil engineering works are properly recognized and utilized.

�� (4) �Geologist� means a person engaged in the practice of geology.

�� (5) �Geologist in training� means a person certified by the board as having passed an examination in the geologic subjects and having adequate academic training.

�� (6) �Geology� refers to:

�� (a) That science that treats of the earth in general;

�� (b) Investigation of the earth�s crust and the rocks and other materials that compose it; and

�� (c) The applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases and other materials for the benefit of humanity.

�� (7) �Public practice of geology� means the performance for another of geological service or work, such as consultation, investigation, surveys, evaluation, planning, mapping and inspection of geological work, that is related to public welfare or safeguarding of life, health, property and the environment, except as specifically exempted by ORS 672.505 to 672.705.

�� (8) �Qualified nonregistered geologist� means a person who possesses all the qualifications specified in ORS 672.505 to 672.705 for registration except that the person is not registered in this state.

�� (9) �Registered certified specialty geologist� means a person who is certified as a specialty geologist under the provisions of ORS 672.505 to 672.705.

�� (10) �Registered geologist� means a person who is registered as a geologist under the provisions of ORS 672.505 to 672.705.

�� (11) �Responsible charge of work� means the independent control and direction of geological work by the use of initiative, skill and independent judgment, or the supervision of such work.

�� (12) �Subordinate� means any person who assists a registered geologist in the practice of geology without assuming the responsible charge of work. [1977 c.612 �2; 1981 c.295 �1; 1987 c.414 �48; 2003 c.379 �1; 2005 c.22 �476]

�� 672.510 [Amended by 1953 c.98 �2; repealed by 1971 c.751 �39]

�� 672.515 Policy of ORS 672.505 to 672.705. ORS 672.505 to 672.705 are enacted in order to introduce qualifying criteria in a presently unregulated professional field. This action is necessary to safeguard the health and welfare and property of the people of Oregon. These safeguards are in the fields of geology as related to engineering, ground water, land use planning, mineral exploration and development, geologic hazards, the further development of the science of geology, and other geologic matters of concern to the people of the state. [1977 c.612 �1]

�� 672.520 [Repealed by 1971 c.751 �39]

(Certificates of Registration)

�� 672.525 Geologist registration; public practice of geology. (1) No person, other than a registered geologist, a registered certified specialty geologist or a subordinate under the direction of either, shall provide or prepare for the public practice of geology any geologic maps, plans, reports, or documents except as specifically exempted in ORS 672.535.

�� (2) No person shall publicly practice or offer to publicly practice geology in this state, and use in connection with the name of the person or otherwise assume or advertise any title or description tending to convey the impression that the person is a registered geologist, unless such person has been registered or exempted under the provisions of ORS 672.505 to 672.705. The right to engage in the public practice of geology is deemed a personal right, based on the qualifications of the individual as evidenced by the certificate of registration, and shall not be transferable.

�� (3) No person other than a geologist registered under ORS 672.505 to 672.705 shall stamp or seal any plans, plats, reports, or other documents with the seal or stamp of a registered geologist or registered certified specialty geologist, or to use in any manner the title �geologist� or the title of any registered certified specialty geologist while conducting the public practice of geology unless registered or certified under ORS 672.505 to 672.705.

�� (4) No person shall sign, or stamp or seal any geologic maps, plans, plats, reports, or other geologic documents after the certification of the registrant named thereon has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.

�� (5) No person shall attempt to use the certificate of registration or seal of another, or falsely impersonate another registrant.

�� (6) No person shall give false or forged evidence of any kind to the State Board of Geologist Examiners to obtain a certificate of registration.

�� (7) No person, including a person registered as a geologist under this section, shall practice or offer to perform any activities of an engineering geologist as defined in ORS 672.505 unless the person is certified as an engineering geologist under ORS 672.565.

�� (8) A person shall be construed to publicly practice or offer to publicly practice geology if the person:

�� (a) Publicly practices any branch of the profession of geology;

�� (b) By verbal claim, sign, advertisement, letterhead or card, or in any other way, purports to be a registered geologist, or through the use of some other title implies that the person is a registered geologist or that the person is registered under ORS 672.505 to 672.705; or

�� (c) Offers to provide any geological services or work recognized as the public practice of geology for a fee or other compensation.

�� (9) A person does not publicly practice or offer to publicly practice geology solely because the person testifies or prepares to testify in a public proceeding. [1977 c.612 �3; 1995 c.32 �1; 2001 c.232 �1; 2003 c.379 �2]

�� 672.530 [Repealed by 1971 c.751 �39]

�� 672.535 Exemptions from ORS 672.505 to 672.705. The following persons are exempt from the provisions of ORS 672.505 to 672.705:

�� (1) Persons engaged in teaching and conducting research in the science of geology in an accredited college or university, and students acting under their direction, but who are not engaged in the public practice of geology in this state;

�� (2) Officers and employees of the United States of America, practicing solely as such officers or employees; or

�� (3) A subordinate to a geologist registered under ORS 672.505 to 672.705 insofar as the subordinate acts solely in such capacity. This exemption, however, does not permit any such subordinate to practice geology for others or use the title �registered geologist.� [1977 c.612 �4]

�� 672.540 [Repealed by 1971 c.751 �39]

�� 672.545 Practice of geology by proprietorship, partnership or corporation; employment of nonregistered geologist; practice by other professionals; practice by nonresident. (1) ORS 672.505 to 672.705 do not prohibit one or more geologists from practicing through the medium of a sole proprietorship, partnership, or corporation. In a partnership or corporation whose primary activity consists of geological services, at least one partner or officer shall be a registered geologist.

�� (2) ORS 672.505 to 672.705 do not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of geology from employing a nonregistered geologist to perform nonpublic geological services necessary to the conduct of their business.

�� (3) ORS 672.505 to 672.705 shall not be construed to prevent or to affect:

�� (a) The practice of any licensed profession or trade by limiting its appropriate and current custom or practice including the practice of any profession or trade for which a license or registration is required under any other law of this state including the practice of registered civil and mining engineers lawfully practicing civil and mining engineering in its various specialized branches; or

�� (b) The practice of geology by a person not a resident of and having no established place of business in this state, when the practice is limited to a specific project and does not exceed one period of 60 consecutive days in any calendar year, and provided the person is licensed or registered to practice such profession in another state where the requirements for certification, registration or licensing are not lower than those specified in ORS 672.505 to 672.705 and provided further that such nonresident shall file with the State Board of Geologist Examiners, on or before entering the state for commencing such work, a statement giving name, residence, the number of the license or certificate of registration of the nonresident, and by what authority issued, and upon the completion of the work, a statement of the time engaged in such work within the state. [1977 c.612 �5]

�� 672.550 [Repealed by 1971 c.751 �39]

�� 672.555 Application; qualifications for certificates of registration; rules. (1) An application for registration as a geologist shall show the applicant�s education and a detailed summary of the geological work performed by the applicant.

�� (2) To be eligible for a certificate of registration, an applicant shall meet each of the following minimum qualifications:

�� (a) Have either:

�� (A) Graduated from an accredited college or university with a major in geology, engineering geology, geological engineering or related geological science approved by the State Board of Geologist Examiners; or

�� (B) Completed and passed 45 quarter hours or the equivalent in geological science courses.

�� (b) Have at least seven years of geological work that includes a minimum of three years of geological work under the supervision of a registered geologist or a minimum of five accumulative years� experience in responsible charge of geological work. The applicant may demonstrate or receive credit for the required seven years of professional geological work in the following ways:

�� (A) Each year of completed undergraduate study in the geological sciences shall count as one year of training up to a maximum of two years, and each year of completed graduate study shall count as one year of training up to a maximum of three years.

�� (B) Total credit for undergraduate and graduate study may not exceed a total of four years toward meeting the requirement for at least seven years of geological work.

�� (C) The board may consider in lieu of geological work required, the cumulative total of geological work or geological research completed by persons teaching at the college or university level, provided such work or research is equivalent to the professional requirements specified in this subsection.

�� (D) The board shall determine the applicability of geological work by reviewing the applicant�s documented and referenced geological work history in a responsible position. The board shall determine the adequacy of the required supervision and experience in accordance with standards adopted by rule by the board.

�� (c) Have successfully fulfilled the examination requirements, established by the board, designed to demonstrate that the applicant has the necessary knowledge and skill to exercise the responsibilities of the public practice of geology.

�� (3) A certificate of registration as a �geologist in training� may be granted to a person who has fulfilled the requirements described in subsection (2)(a) and (c) of this section.

�� (4) The board shall, by rule, adopt the minimum coursework requirements that an applicant must meet in order to satisfy subsection (2)(a) of this section. [1977 c.612 ��6,7; 1981 c.295 �2; 2005 c.9 �1]

�� 672.560 [Repealed by 1971 c.751 �39]

�� 672.565 Certification in specialty; rules; professional affairs committees. (1) In addition to registering as a geologist, qualified persons also may be eligible for certification in a specialty. A specialty may be created by the State Board of Geologist Examiners by rule, with the rules to contain any required additional qualifications. Only a registered geologist is eligible for certification in a specialty. Application may be submitted for both registration as a geologist and for certification in a specialty at the same time, but the applicant must be approved for registration as a geologist before being considered for certification in a specialty.

�� (2) An applicant for certification in a specialty shall meet all of the requirements of a registered geologist and any special requirements as the board may establish by rule, including a written examination.

�� (3) The board may establish professional affairs committees, as needed, to represent each of the specialties into which the board determines certification of registration may be divided. Membership of each committee shall include geologists certified or qualified in the particular specialty involved. Each committee may:

�� (a) Establish qualifications for certification in its specialty;

�� (b) Establish a description of the practice of that specialty, subject to approval of the board; and

�� (c) Advise the board on professional affairs in which the committee is concerned.

�� (4) Engineering geology shall be one of the specialties requiring certification.

�� (5) The board may establish by rule criteria for exempting persons applying for a certification in a specialty from a written examination requirement. [1977 c.612 �8; 1981 c.295 �3; 2005 c.9 �2; 2019 c.277 �2]

�� Note: Section 3, chapter 277, Oregon Laws 2019, provides:

�� Sec. 3. The amendments to ORS 672.565 by section 2 of this 2019 Act apply to applications for certifications in a specialty received by the State Board of Geologist Examiners on or after the effective date of this 2019 Act [January 1, 2020]. Applications received before the effective date of this 2019 Act shall continue to be governed by the law applicable to applications for certifications in a specialty in effect immediately before the effective date of this 2019 Act. [2019 c.277 �3]

�� 672.570 [Repealed by 1971 c.751 �39]

�� 672.575 Examination. The State Board of Geologist Examiners shall determine the scope, form and content of the examinations, provided for under ORS 672.505 to 672.705. [1977 c.612 �9]

�� 672.580 [Repealed by 1971 c.751 �39]

�� 672.585 Certificate of registration; renewal; fee; replacement. (1) The State Board of Geologist Examiners shall issue a certificate of registration to any applicant who:

�� (a) Submits an application to the administrator;

�� (b) Pays the registration fee established under ORS 672.705; and

�� (c) In the opinion of the board, has satisfactorily met all the requirements of ORS

ORS 183.310

183.310 to 183.410 and in such a manner that will reasonably and substantially accomplish the objective of subsection (2) of this section at the least possible administrative cost to everyone.

�� (6) Assessments developed by the department under this section shall be reported to the Joint Committee on Ways and Means or, during the interim between sessions of the Legislative Assembly, to the Emergency Board or to the Joint Interim Committee on Ways and Means. [1965 c.285 �69a; 1973 c.353 �2; 1975 c.556 �45; 1977 c.804 �18; 1979 c.839 �13; 1981 c.535 �41; 1981 c.854 �44; 1985 c.506 �1; 1987 c.373 �37; 1987 c.884 �22; 1989 c.413 �21; 1990 c.2 �35; 1999 c.409 �1; 2012 c.107 �17]

�� 656.614 Self-Insured Employer Adjustment Reserve; Self-Insured Employer Group Adjustment Reserve. (1) The Self-Insured Employer Adjustment Reserve and the Self-Insured Employer Group Adjustment Reserve shall be established within the Consumer and Business Services Fund. These reserves shall be used to pay the claims of workers of self-insured employers or of employers that are members of a self-insured employer group when the Director of the Department of Consumer and Business Services finds that the worker cannot obtain payment from the employer or self-insured employer group responsible for payment of the claim because of insolvency, default or decertification of the employer, the self-insured employer group or the excess insurer of the employer or group, and exhaustion of the excess insurance and security deposited to secure such payment.

�� (2) If at any time the director finds that the amount of moneys in the reserves is not sufficient to carry out the purposes stated in subsection (1) of this section, the director may impose and collect from self-insured employers and self-insured employer groups assessments sufficient to raise the amount of moneys in the reserves to the point where it can carry out such purposes. If at any time the director finds that there is a surplus in the reserves beyond an amount that can reasonably be anticipated as sufficient to carry out the purposes stated in subsection (1) of this section, the director may transfer the surplus to the Consumer and Business Services Fund and reduce the total amount of assessment by the amount so transferred.

�� (3) Notwithstanding the provisions of this section, the director may impose a differential assessment between the two employers adjustment reserves in order to collect sufficient moneys in the reserves as provided in subsection (2) of this section.

�� (4) Assessments imposed under this section shall be paid to the director in the manner and at such times as the director may direct.

�� (5) Assessments paid by self-insured employer groups shall be deposited in the Consumer and Business Services Fund in separate accounts for public employers that are members of a self-insured employer group and for private employers that are members of a self-insured employer group. Moneys deposited in each account may be used only to pay claims expenses of employees of each category of self-insured employer group.

�� (6) Notwithstanding subsection (1) of this section, the director may use the reserves to assure timely payment of compensation pending payment from the excess insurance or security deposit. The director shall recover these costs from the excess insurance or the security deposit, up to their limits. [1965 c.285 �67a; 1975 c.556 �46; 1979 c.845 �3; 1981 c.535 �42; 1983 c.816 �12; 2014 c.48 �8]

�� 656.616 [Formerly 344.810; repealed by 1985 c.600 �15]

�� 656.618 [1965 c.285 �67e; 1977 c.804 �19; repealed by 1987 c.373 �85]

�� 656.620 [1965 c.285 �67f; 1977 c.804 �20; 1979 c.839 �14; repealed by 1987 c.373 �85]

�� 656.622 Reemployment Assistance Program; claim data not to be used for insurance rating; rules. (1) There is established a Reemployment Assistance Program for the benefit of employers and workers and for the purpose of:

�� (a) Giving employers and workers the benefits provided in this section.

�� (b) Providing reimbursement of reasonable program administration costs of self-insured employers and of insurers of employers who participate in any program funded through the Reemployment Assistance Program.

�� (2) In order to preclude or reduce nondisabling claims from becoming disabling claims, preclude on-the-job injuries from recurring, reduce disability by returning injured workers to work sooner and to help injured workers remain employed, the Director of the Department of Consumer and Business Services may provide assistance to employers from the Reemployment Assistance Program in such manner and amount as the director considers appropriate. Assistance may include, but need not be limited to, modification of work sites. For purposes of this subsection, work site modification may include engineering design work and occupational health consulting services. Factors to be considered by the director in determining the extent of assistance must include but need not be limited to the employer�s record of returning injured workers to the workplace and the cost-effectiveness of modifications. Assistance may be provided in the form of grants and matching contributions from employers for funds.

�� (3) In order to encourage the employment of individuals who have incurred compensable injuries that result in disability which may be a substantial obstacle to employment, the director may provide, to eligible injured workers and to employers who employ them, assistance from the Workers� Benefit Fund in such manner and amount as the director considers appropriate.

�� (4)(a) In addition to such assistance as the director may provide under this section, the director shall provide reimbursement to self-insured employers or to the insurers of employers who hire preferred workers for the claim costs incurred for injuries to those workers during the first three years from the date of hire, as follows:

�� (A) The claim costs of injuries incurred by those workers.

�� (B) Reasonable claims administration costs.

�� (b) A worker may not waive eligibility for preferred worker status in the claim by agreement pursuant to ORS 656.236.

�� (5)(a) In addition to such assistance as the Director of the Department of Consumer and Business Services may provide under subsection (3) of this section, the director shall provide to participating self-insured employers and the insurers of participating employers reimbursement of reasonable program administration costs.

�� (b) As used in this subsection, �participating employer� or �participating self-insured employer� means an employer participating in any program funded through the Reemployment Assistance Program.

�� (6) Notwithstanding any other provision of law, determinations by the director regarding assistance pursuant to this section are not subject to review by any court or other administrative body.

�� (7) The Reemployment Assistance Program shall be funded with moneys collected as provided in ORS 656.506.

�� (8) Any assistance from the Reemployment Assistance Program shall be to the extent of the moneys available in the Workers� Benefit Fund, for the purpose of the program as determined by the director.

�� (9) The director may make such rules as may be required to establish, regulate, manage and disburse moneys in the Workers� Benefit Fund in accordance with the intent of this section. Such rules shall include, but are not limited to, the eligibility criteria to receive assistance under this section and the issuance of identity cards to preferred workers to assist employers in the administration of the program.

�� (10) If claim cost reimbursement is requested under subsection (4) of this section, claims costs incurred as a result of an injury sustained by a preferred worker during the three years after that worker is hired shall not be included in any data used for ratemaking or individual employer rating or dividend calculations by an insurer, a rating organization licensed pursuant to ORS chapter 737, the State Accident Insurance Fund Corporation or the Department of Consumer and Business Services. Neither insurance premiums nor premium assessments under this chapter are payable for preferred workers during the first three years from the date of hire.

�� (11) Any moneys from the Workers� Benefit Fund reimbursed to an agency for costs incurred in reemploying injured state workers in the manner described in ORS 659A.052 or in providing wage subsidies for the reemployment of injured state workers shall be outside the biennial expenditure limitation imposed on the agency by the Legislative Assembly and shall be available for expenditure by the agency as a continuous appropriation.

�� (12) As used in this section, �preferred worker� means a worker who, because of a permanent disability resulting from a compensable injury or occupational disease, is unable to return to the worker�s regular employment, whether or not an order has been issued awarding permanent disability. [1965 c.285 �68; 1969 c.536 �3; 1971 c.768 �3; 1977 c.557 �2; 1981 c.854 �60; 1983 c.391 �4; 1983 c.816 �13; 1985 c.600 �13; 1985 c.770 �2; 1987 c.884 �20; 1990 c.2 �36; 1991 c.93 �11; 1991 c.496 �1; 1991 c.694 �1; 1993 c.760 �3; 1995 c.332 �49; 1995 c.641 �21; 1999 c.273 �4; 2005 c.588 �1; 2007 c.241 �16; 2009 c.36 ��3,4]

�� 656.624 [Formerly 656.584; 1983 c.740 �244; repealed by 1987 c.250 �1]

�� 656.625 Reopened Claims Program; rules. (1) There is established a Reopened Claims Program for the purpose of reimbursing the additional amounts of compensation payable to injured workers that results from any award made by the Workers� Compensation Board or voluntary claim reopening pursuant to ORS 656.278 after January 1, 1988.

�� (2) Notwithstanding any other provision of law, any reimbursement from the Workers� Benefit Fund for the purposes of the Reopened Claims Program shall be in such amounts payable to an injured worker pursuant to ORS 656.278 and only to the extent that moneys are available in the fund as determined by the Director of the Department of Consumer and Business Services.

�� (3) The director, by rule, shall prescribe the form and manner of requesting reimbursement under this section, the amount payable and such other matters as may be necessary for the administration of this section. [1987 c.884 �39; 1995 c.332 �49a; 1995 c.641 �22; 2001 c.865 �11a]

�� 656.628 Workers with Disabilities Program; use of funds; conditions and limitations; rules. (1) There is established a Workers with Disabilities Program for the benefit of complying employers and their workers. The purpose of the program is to encourage the employment or reemployment of workers with disabilities.

�� (2) As used in this section, �worker with a disability� means a worker who has or is subject to any permanent physical or mental impairment, whether congenital or due to an injury or disease, including periodic impairment of consciousness or muscular control of such character that the impairment would prevent the worker from obtaining or retaining employment.

�� (3) Any employer of a worker who claims or has received compensation under this chapter, or whose dependents have claimed or received such compensation, may file an application with the Director of the Department of Consumer and Business Services requesting the director to make the determinations referred to in subsection (4) of this section.

�� (4) When the director receives a request referred to in subsection (3) of this section, the director shall determine:

�� (a) Whether the injured worker was a worker with a disability and whether the injury, disease or death sustained by the worker would not have been sustained except for the disability; or

�� (b) Whether the injured worker was a worker with a disability and whether the injury, disease or death sustained by the worker would have been sustained without regard to the disability but that:

�� (A) Any resulting disability was substantially greater by reason of the disability; or

�� (B) The disability contributed substantially to the worker�s death; and

�� (C) Whether the injury, disease or death of the worker would not have occurred except for the act or omission of a worker with a disability employed by the same employer and that the act or omission of the worker with a disability would not have occurred except for the impairment of the worker with a disability.

�� (5) If the director determines that any of the conditions described in subsection (4) of this section exist, the director may reimburse the paying agency for compensation amounts in excess of $1,000 per claimant for all subsequent injuries throughout the claimant�s working career, paid as the result of the condition.

�� (6) The reimbursement paid from the Workers� Benefit Fund may not be included in any data used for rate making or individual employer rating or dividend calculations by an insurer, a rating organization licensed pursuant to ORS chapter 737, the State Accident Insurance Fund Corporation or the Department of Consumer and Business Services.

�� (7) Notwithstanding any other provision of law:

�� (a) Any reimbursement to employers under the Workers with Disabilities Program shall be in such amounts as the director prescribes and only to the extent of moneys available in the Workers� Benefit Fund as determined by the director.

�� (b) Determinations made by the director regarding reimbursement from the Workers� Benefit Fund for the purposes of this section are not subject to review by any court or administrative body.

�� (c) After a determination has been made by the director that an employer will receive reimbursement from the Workers� Benefit Fund, any settlement of the claim by the parties is void unless made with the written approval of the director.

�� (8) The director by rule shall prescribe the form and manner of requesting determinations under this section, the amount of reimbursement payable and such other matters as may be necessary for the administration of this section. [1981 c.535 �14; 1995 c.332 �49b; 1995 c.641 �23; 2007 c.70 �286; 2007 c.241 �17]

�� 656.630 Oregon Institute of Occupational Health Sciences funding; report of activities. (1) There is transferred to and continuously appropriated to the Oregon Institute of Occupational Health Sciences of the Oregon Health and Science University, the following amounts from the following sources:

�� (a) The amount of revenue equivalent to one-sixteenth of one cent of the money deductible from workers� wages pursuant to ORS 656.506 (2).

�� (b) An amount equal to the amount raised by paragraph (a) of this subsection from those assessments made pursuant to ORS 656.612 (2).

�� (2) The moneys referred to in subsection (1) of this section may only be used for paying the expenses of the Oregon Institute of Occupational Health Sciences. If the Director of the Department of Consumer and Business Services determines adequate funds are available and the director reduces or suspends for a period of time the assessments made pursuant to ORS 656.506 (2) and 656.612 (2), the reduction or suspension of the assessments does not terminate the transfers to the Oregon Institute of Occupational Health Sciences authorized in subsection (1) of this section.

�� (3) Annually, the Oregon Institute of Occupational Health Sciences shall file a report with the Oregon Health and Science University, with a copy to the Director of the Department of Consumer and Business Services, describing the activities in sufficient detail for which moneys received under this section during the year have been obligated or expended. [1993 c.760 �6; 1995 c.162 �85; 1995 c.641 �11a; 2013 c.111 �4]

(Industrial Accident Fund and Reserves)

�� 656.632 Industrial Accident Fund. (1) The Industrial Accident Fund is continued. This fund shall be held by the State Treasurer and by the State Treasurer deposited in such banks as are authorized to receive deposits of general funds of the state.

�� (2) All moneys received by the State Accident Insurance Fund Corporation under this chapter, shall be paid forthwith to the State Treasurer and shall become a part of the Industrial Accident Fund. However, any assessments collected for the Director of the Department of Consumer and Business Services under this chapter and deposited in the Industrial Accident Fund may thereafter be transferred to the director and deposited in the Consumer and Business Services Fund.

�� (3) All payments authorized to be made by the State Accident Insurance Fund Corporation by this chapter, including all salaries, clerk hire and all other expenses, shall be made from the Industrial Accident Fund. [Formerly 656.452; 1975 c.556 �47; 2003 c.781 ��9,13]

�� 656.634 Trust fund status of Industrial Accident Fund. (1) The Industrial Accident Fund is a trust fund exclusively for the uses and purposes declared in this chapter, except that this provision shall not be deemed to amend or impair the force or effect of any law of this state specifically authorizing the investment of moneys from the fund.

�� (2) Subject to the right of the State of Oregon to direct legislatively the disposition of any surplus in excess of reserves and surplus deemed actuarially necessary according to recognized insurance principles, and necessary in addition thereto to assure continued fiscal soundness of the State Accident Insurance Fund Corporation both for current operations and for future capital needs, the State of Oregon declares that it has no proprietary interest in the Industrial Accident Fund or in the contributions made to the fund by the state prior to June 4, 1929. The state disclaims any right to reclaim those contributions and waives any right of reclamation it may have had in that fund. [Formerly

ORS 183.410

183.410 to amend the state building code to:

�� (a) Require new building sites to be evaluated on a site specific basis for vulnerability to seismic geologic hazards if the sites are for structures that are:

�� (A) Major structures; or

�� (B) Designated under subsection (5) of this section as Tsunami Risk Category III or IV for design.

�� (b) Require a program for the installation of strong motions accelerographs in or near selected major buildings.

�� (c) Provide for the review of geologic and engineering reports for seismic design of new major structures or buildings that have been designated under subsection (5) of this section as Tsunami Risk Category III and IV for design.

�� (d) Provide for filing of noninterpretive seismic data from site evaluation in a manner accessible to the public.

�� (3) For the purpose of defraying the cost of applying the regulations in subsection (2) of this section, there is hereby imposed a surcharge in the amount of one percent of the total fees collected under the structural and mechanical specialty codes for major structures and buildings that have been designated under subsection (5) of this section as Tsunami Risk Category III or IV for design, which fees are retained by the jurisdiction enforcing the particular specialty code as provided in ORS 455.150 or enforcing a building inspection program under ORS

ORS 183.435

183.435]

�� 670.290 Prohibited uses of juvenile records in employment, licensing or admission. It shall be unlawful for any state agency or licensing board, including the Oregon State Bar, to:

�� (1) Require that an applicant for employment, licensing or admission answer any questions regarding the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271;

�� (2) Bar or discharge from employment or refuse to hire or employ such individual because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271; or

�� (3) Deny, revoke or suspend a license because of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271. [1977 c.801 �2; 1983 c.820 �16; 1993 c.33 �360; 2021 c.585 �11]

�� 670.300 Licensing and advisory board officers; quorum and meeting requirements; compensation and expenses of members. (1) Except as otherwise provided by law, each professional licensing and advisory board shall select annually one of its members as chairperson and another as vice chairperson, with such powers and duties necessary for the performance of the functions of such offices as the board shall determine.

�� (2) The majority of the members of the board constitutes a quorum for the transaction of business.

�� (3) The board shall meet at least once a year, not later than July 1, at a place, day and hour determined by the board. The board shall also meet at such other times and places as are specified by the call of the chairperson or a majority of the members of the board.

�� (4) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. [1971 c.753 �8; 1987 c.414 �95]

�� 670.304 Application of ORS 670.300 to 670.380. Except as otherwise specifically provided, ORS 670.300 to 670.380 apply to the following professional licensing and advisory boards:

�� (1) Professional licensing and advisory boards established in the Office of the Secretary of State.

�� (2) The Oregon Board of Maritime Pilots.

�� (3) The Board of Cosmetology, in the Health Licensing Office.

�� (4) The State Board of Architect Examiners.

�� (5) The State Landscape Contractors Board.

�� (6) The State Board of Examiners for Engineering and Land Surveying.

�� (7) The State Landscape Architect Board.

�� (8) The State Board of Geologist Examiners.

�� (9) The State Board of Tax Practitioners.

�� (10) The Construction Contractors Board. [1987 c.414 �94; 1991 c.67 �176; 1993 c.744 �241; 1997 c.3 �2; 1997 c.21 �1; 1999 c.425 �28; 1999 c.885 �19; 2001 c.160 �1; 2005 c.648 �49; 2007 c.71 �219; 2007 c.768 �66; 2013 c.568 �10; 2015 c.451 �22]

�� 670.305 [1971 c.753 �9; repealed by 1973 c.659 �1 (670.306 enacted in lieu of 670.305)]

�� 670.306 Administrative officers for boards; other employees. (1) Subsections (2) and (3) of this section shall apply only to the following professional licensing boards:

�� (a) State Board of Architect Examiners.

�� (b) Construction Contractors Board.

�� (c) State Board of Examiners for Engineering and Land Surveying.

�� (d) State Landscape Architect Board.

�� (e) State Landscape Contractors Board.

�� (f) State Board of Tax Practitioners.

�� (2) A board shall fix the qualifications of and appoint an administrative officer. The determination of qualifications and appointment of an administrative officer shall be made after consultation with the Governor.

�� (3) An administrative officer of a board shall not be a member of that board.

�� (4) Subject to the applicable rules of the State Personnel Relations Law, the board shall fix the compensation of its administrator, who shall be in the unclassified service.

�� (5) Subject to applicable rules of the State Personnel Relations Law, the administrative officer shall appoint all subordinate employees, prescribe their duties and fix their compensation. [1973 c.659 �2 (enacted in lieu of 670.305); 1975 c.429 �7; 1975 c.464 �1; 1981 c.821 �2; 1987 c.414 �96; 1993 c.744 �242; 1995 c.79 �338; 1997 c.3 �3; 1997 c.21 �2; 1999 c.59 �199; 1999 c.322 �41; 2007 c.768 �67; 2015 c.451 �23]

�� 670.310 Rulemaking authority; board seal. (1) Except as otherwise provided by law and in accordance with any applicable provisions of ORS chapter 183, each professional licensing board and advisory board may make such rules as are necessary or proper for the administration of the laws such board is charged with administering.

�� (2) Each professional licensing board and advisory board may adopt a seal. [1971 c.753 �10; 1987 c.414 �97]

�� 670.315 Administration of oaths; obtaining and taking evidence at board proceedings; effect of failure to obey board subpoena. (1) Except as otherwise provided by law, each professional licensing board or advisory board, acting through its chairperson or vice chairperson or an administrative law judge, may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to the carrying out of the laws the board is charged with administering.

�� (2) If any person fails to comply with a subpoena issued under this section or refuses to testify on any matters on which the person may be lawfully interrogated, the procedure provided in ORS 183.440 shall be followed to compel obedience. [1971 c.753 �11; 1987 c.414 �98; 2003 c.75 �107]

�� 670.320 [1971 c.753 �12; repealed by 1987 c.414 �172]

�� 670.325 Proceedings on denial of license; restraining violations; authority of administrative law judge; record of proceedings. (1) All proceedings for the refusal to issue, or the suspension or revocation of any license, certificate of registration or other evidence of authority required to practice any profession subject to the authority of a professional licensing or advisory board shall be conducted pursuant to the procedure for contested cases required or authorized by ORS chapter 183.

�� (2) If a professional licensing or advisory board decides that any person has or is about to engage in any activity that is or will be a violation of law the board is charged with enforcing, the board may institute a proceeding in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages, but does not relieve the defendant of any criminal liability.

�� (3) Any administrative law judge conducting a hearing for a professional licensing board is vested with full authority of the board to schedule and conduct hearings on behalf and in the name of the board on all matters referred to the administrative law judge for hearing by the board, including proceedings for placing persons registered or licensed by the board on probation and for suspension and revocation of registration or licenses, and shall cause to be prepared and furnished to the board, for decision thereon by the board, a complete written transcript of the record of the hearing. The transcript shall contain all evidence introduced at the hearing and all pleas, motions and objections and all rulings of the administrative law judge. Each administrative law judge may administer oaths and issue summonses, notices and subpoenas, but may not place any registrant or licensee on probation or issue, refuse, suspend or revoke a registration or license. [1971 c.753 �13; 1987 c.414 �99; 1999 c.849 �155; 2003 c.75 �108]

�� 670.330 [1971 c.753 �14; renumbered

ORS 184.628

184.628.

�� (2) �Commission� means the Oregon Transportation Commission.

�� (3) �Department� means the Department of Transportation.

�� (4) �Director� means the Director of Transportation.

�� (5) �Federal funds� means any funds provided by the United States for cooperative road work with states, counties, cities or other municipal subdivisions of the state under Acts of Congress enacted for those purposes.

�� (6) �Highway� means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right.

�� (7) �Highway fund� means the State Highway Fund.

�� (8) �State highway� means any road or highway designated as such by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways.

�� (9) �This Act� means this chapter and ORS 105.760, 373.010, 373.015, 373.020 and 373.030. [Amended by 1969 c.599 �16; 1973 c.249 �28; 1979 c.186 �8; 1989 c.904 �34; 1993 c.741 �34; 2003 c.618 �44]

�� 366.010 �County court� and �road� or �highway� defined. As used in this Act:

�� (1) �County court� includes all county officers or boards charged by law with the duty of building, constructing, repairing, altering or maintaining roads or bridges, or both.

�� (2) �Road� or �highway� includes necessary bridges and culverts, and city streets, subject to such restrictions and limitations as are provided.

�� 366.015 [Repealed by 2015 c.138 �9]

�� 366.105 [Amended by 1969 c.599 �17; 1971 c.598 �1; 1973 c.249 �29; 1979 c.186 �9; repealed by 1993 c.741 �147]

�� 366.110 [Amended by 1969 c.314 �29; repealed by 1973 c.249 �91]

�� 366.112 Bicycle lane and path advisory committee; members, terms, duties and powers; meetings. (1) There is created in the Department of Transportation an advisory committee to be appointed by the Governor to advise the department regarding the regulation of bicycle traffic and the establishment of bicycle lanes and paths. The committee shall consist of eight members including an employee of a unit of local government employed in land use planning, a representative of a recognized environmental group, a person engaged in the business of selling or repairing bicycles, a member designated by the Oregon Recreation Trails Advisory Council, and at least one member under the age of 21 at the time of appointment. Members of the advisory committee shall be entitled to compensation and expenses as provided by ORS 292.495.

�� (2) The members shall be appointed to serve for terms of four years each. A vacancy on the committee shall be filled by appointment by the Governor for the unexpired term.

�� (3) The committee shall meet regularly four times a year, at times and places fixed by the chairperson of the committee. The committee may meet at other times upon notice by the chairperson or three members of the committee. The department shall provide office space and personnel to assist the committee as requested by the chairperson, within the limits of available funds. The committee shall adopt rules to govern its proceedings and may select officers it considers necessary. [1973 c.716 �1; 1993 c.741 �35]

Note: 366.112 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.

�� 366.115 [Repealed by 1973 c.249 �91]

�� 366.120 [Repealed by 1973 c.249 �91]

�� 366.125 [Repealed by 1973 c.249 �91]

�� 366.130 [Repealed by 1971 c.418 �23]

�� 366.135 [Amended by 1953 c.129 �2; repealed by 1973 c.249 �91]

�� 366.140 [Amended by 1953 c.129 �2; repealed by 1973 c.249 �91]

�� 366.145 [Amended by 1971 c.598 �2; 1973 c.249 �30; 1979 c.186 �10; repealed by 1993 c.741 �147]

�� 366.150 [Amended by 1971 c.598 �3; 1973 c.249 �31; renumbered 184.626 in 2017]

�� 366.155 Duties and powers of department regarding highways; assistance to counties and State Parks and Recreation Department. (1) The Department of Transportation shall, among other things:

�� (a) So far as practicable, compile statistics relative to the public highways of the state and collect all information in regard thereto which the Director of Transportation may deem important or of value in connection with highway location, construction, maintenance, improvement or operation.

�� (b) Keep on file in the office of the department copies of all plans, specifications and estimates prepared by the department.

�� (c) Make all necessary surveys for the location or relocation of highways and cause to be made and kept in the department a general highway plan of the state.

�� (d) Collect and compile information and statistics relative to the mileage, character and condition of highways and bridges in the different counties in the state, both with respect to state and county highways.

�� (e) Investigate and determine the methods of road construction best adapted in the various counties or sections of the state, giving due regard to the topography, natural character and availability of road-building materials and the cost of building and maintaining roads under this Act.

�� (f) Prepare surveys, plans, specifications and estimates for the construction, reconstruction, improvement, maintenance and repair of any bridge, street, road and highway. In advertising for bids on any such project the director shall invite bids in conformity with such plans and specifications.

�� (g) Keep an accurate and detailed account of all moneys expended in the location, survey, construction, reconstruction, improvement, maintenance or operation of highways, roads and streets, including costs for rights of way, under this Act, and keep a record of the number of miles so located, constructed, maintained or operated in each county, the date of construction, the width of such highways and the cost per mile for the construction and maintenance of the highways.

�� (h) Upon request of a county governing body, assist the county on matters relating to road location, construction or maintenance. Plans and specifications for bridges or culverts that are provided under this paragraph shall be provided without cost to the 10 counties with the lowest ratio of road miles maintained by each county to registered vehicles. Standard specifications for road projects shall be provided without cost to all counties. The Department of Transportation shall determine an amount to be charged for assistance under this paragraph in establishing specifications and standards for roads under ORS 368.036. The costs of assistance not specifically provided for under this paragraph shall be paid as provided by agreement between the county governing body and the director.

�� (i) Upon request of the State Parks and Recreation Department, assist the State Parks and Recreation Department in evaluating the potential need for construction, reconstruction, improvement, maintenance or operation of highways, roads and streets that would result if the State Parks and Recreation Commission acquired and developed a new historic site, park or recreation area under the criteria established pursuant to ORS 390.112 or any other criteria for acquisition established by the State Parks and Recreation Commission.

�� (2) The director may require duties with respect to audits and accounting procedures provided for in this section and ORS 366.165 to be performed and responsibilities to be assumed by the fiscal officer of the department appointed under ORS 184.637.

�� (3) In carrying out the duties set forth in this section, the director shall act in a manner that is consistent with the goal set forth in ORS 468B.155. [Amended by 1967 c.454 �33; 1971 c.598 �4; 1973 c.249 �32; 1981 c.153 �60; 1989 c.345 �6; 1989 c.833 �49; 1993 c.741 �36; 1995 c.79 �201; 1999 c.1038 �1; 2003 c.618 �22; 2017 c.750 �74; 2018 c.93 �7]

�� 366.157 Program for prevention and cleanup of litter and vandalism. The Department of Transportation shall administer a program for the involvement of youth in the prevention and cleanup of litter and vandalism. [Formerly 802.080; 2007 c.667 �5; 2009 c.463 �12]

�� 366.158 Adopt-a-Highway Program; rules. (1) As used in this section:

�� (a) �Noxious weeds� means any weed the State Department of Agriculture designates by rule as a noxious weed.

�� (b) �Pesticide� has the meaning given that term in ORS 634.006.

�� (2) The Department of Transportation shall administer a program aimed toward beautifying and cleaning state roadsides. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteer groups in litter cleanup work and removal of noxious weeds on a specific section of highway. The program shall be called the Oregon Adopt-a-Highway Program. Moneys for the program shall be provided from funds available to the department. The department may adopt any rules it considers necessary for implementation of the Oregon Adopt-a-Highway Program.

�� (3) An agreement entered into between the department and a volunteer group pursuant to subsection (2) of this section shall include but need not be limited to:

�� (a) Identification of the designated section of highway. The volunteer group may request a specific section of highway it wishes to adopt, but the assignment shall be at the discretion of the department.

�� (b) Specification of the duties of the volunteer group. The group shall choose one or both of the following activities:

�� (A) Removal of litter along the designated section of highway at least four times each year.

�� (B) Removal of noxious weeds, along the designated section of highway at least twice each year, using a method other than pesticide and in accordance with rules adopted by the State Department of Agriculture.

�� (c) Specification of the responsibilities of the volunteer group. The group shall agree to abide by all rules related to the program that are adopted by the department.

�� (d) Duration of the agreement. The volunteer group may contract to care for the designated section of highway for one, two or three years.

�� (4) A sign identifying the group and recognizing the group�s contribution shall be placed by the department at each end of the section of highway adopted by the group unless the department determines that doing so would be unsafe to persons using the highway.

�� (5) The department shall provide reflective vests, garbage bags and highway signs for the participating volunteer groups. [1991 c.486 �2; 2009 c.547 �1]

�� 366.159 Vegetation control permit; fee. (1) The Department of Transportation may issue a vegetation control permit to a person who holds a sign permit issued pursuant to ORS 377.700 to 377.844. A vegetation control permit authorizes the holder of the permit to control vegetation in the right of way of a state highway, in accordance with the provisions of this section, in order to keep the sign visible to the traveling public.

�� (2) The department may not issue a vegetation control permit for a scenic area as defined in ORS 377.505.

�� (3) The department may not issue a vegetation control permit for the right of way of a portion of state highway that is access controlled, or for which access rights have not accrued to the abutting property unless:

�� (a) Access to the right of way is from the abutting property; and

�� (b) The access does not breach, violate, destroy or otherwise diminish the effectiveness or purpose of fences or other physical barriers to the right of way.

�� (4) The department may charge a fee to the person issued a vegetation control permit under this section. The amount of the fee shall be determined by the department and shall be designed to recover the cost to the department of issuing the permit. [2001 c.508 �7]

�� 366.160 [Amended by 1967 c.454 �34; 1971 c.598 �5; 1973 c.249 �33; 1979 c.186 �11; repealed by 1989 c.345 �7; 1991 c.486 �2]

�� 366.161 Prevention of wildlife-vehicle collisions; coordination of efforts. (1) The Department of Transportation shall establish a program to reduce wildlife-vehicle collisions and promote public safety in priority areas where wildlife corridors identified in the Wildlife Corridor Action Plan by the State Department of Fish and Wildlife intersect with proposed or existing public roads.

�� (2) The program must include, but need not be limited to:

�� (a) Feasibility studies;

�� (b) Plans for creating or modifying road infrastructure in a manner that reduces wildlife-vehicle collisions and promotes public safety;

�� (c) Updates to wildlife guidance materials and standards, and to specifications of highways, to incorporate wildlife crossing and wildlife-vehicle collision reduction features into the design, construction and modification of highways;

�� (d) A training program, established in coordination with the State Department of Fish and Wildlife, that is designed to educate relevant Department of Transportation employees and other stakeholders on the interaction of transportation systems and infrastructure with wildlife and wildlife habitats; and

�� (e) A list of priority projects to reduce collisions between wildlife and vehicles that:

�� (A) Is developed jointly with the State Department of Fish and Wildlife, with opportunity for public input; and

�� (B) Is made publicly available on a website of the Department of Transportation.

�� (3) The program may include but need not be limited to the use of wildlife crossing structures and roadway fencing.

�� (4) To the extent practicable, the Department of Transportation shall coordinate with local governments, as defined in ORS 174.116, and the tribal governments for tribes and bands listed under ORS 172.110, to achieve the goals of the program described in this section.

�� (5) Under the program, and in coordination with the State Department of Fish and Wildlife, the Department of Transportation shall consider and, to the maximum extent feasible, plan for and incorporate measures and infrastructure to promote the avoidance, minimization and mitigation of impacts to wildlife corridor connectivity from the construction, improvement, operation and maintenance of transportation infrastructure throughout this state.

�� (6) Projects under the program that impact threatened or endangered species, or species of greatest conservation need as identified by the State Department of Fish and Wildlife, must include mitigation of impacts and crossing infrastructure, to the greatest extent feasible. [2019 c.272 �4; 2025 c.42 �1]

�� Note: 366.161 and 366.162 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.

�� 366.162 Prevention of wildlife-vehicle collisions; biennial report. (1) The Department of Transportation shall report biennially regarding the status of the program required under ORS 366.161 to interim or regular Senate and House committees relating to natural resources in the manner provided by ORS 192.245.

�� (2) The report must include, but not be limited to:

�� (a) Information concerning the number and types of wildlife corridor infrastructure projects that have been established, studied or planned;

�� (b) A description of a timeline for implementing the proposed and prioritized wildlife corridor infrastructure projects;

�� (c) An estimate of the costs and funding sources for proposed and prioritized wildlife corridor infrastructure projects;

�� (d) A description of actions the department has taken to secure funding for the program, including from all relevant federal grant opportunities and other public and private funding sources;

�� (e) A strategy for ongoing funding for the program, including department plans to:

�� (A) Ensure the existence of one or more dedicated funding sources that meet program needs; and

�� (B) Secure federal competitive grants;

�� (f) A description of the realized or expected effects of established, studied or planned wildlife corridor infrastructure projects on the number of wildlife-vehicle collisions; and

�� (g) A description of efforts and successes of the advisory group described in section 2, chapter 42, Oregon Laws 2025, including efforts and successes related to:

�� (A) Moneys directed to projects through public-private funding partnerships;

�� (B) Community and stakeholder engagement; and

�� (C) Addressing priority areas, as described in ORS 366.161 (1). [2019 c.272 �5; 2025 c.42 �4]

�� Note: The amendments to 366.162 by section 5, chapter 42, Oregon Laws 2025, become operative January 2, 2035. See section 6, chapter 42, Oregon Laws 2025. The text that is operative on and after January 2, 2035, is set forth for the user�s convenience. 366.162. (1) The Department of Transportation shall report biennially regarding the status of the program required under ORS 366.161 to interim or regular Senate and House committees relating to natural resources in the manner provided by ORS 192.245.

�� (2) The report must include, but not be limited to:

�� (a) Information concerning the number and types of wildlife corridor infrastructure projects that have been established, studied or planned;

�� (b) A description of a timeline for implementing the proposed and prioritized wildlife corridor infrastructure projects;

�� (c) An estimate of the costs and funding sources for proposed and prioritized wildlife corridor infrastructure projects;

�� (d) A description of actions the department has taken to secure funding for the program, including from all relevant federal grant opportunities and other public and private funding sources;

�� (e) A strategy for ongoing funding for the program, including department plans to:

�� (A) Ensure the existence of one or more dedicated funding sources that meet program needs; and

�� (B) Secure federal competitive grants; and

�� (f) A description of the realized or expected effects of established, studied or planned wildlife corridor infrastructure projects on the number of wildlife-vehicle collisions.

�� Note: See note under 366.161.

�� Note: Sections 2 and 3, chapter 42, Oregon Laws 2025, provide:

�� Sec. 2. (1) To inform the program described in ORS 366.161, the Department of Transportation and the State Department of Fish and Wildlife shall enter into a joint memorandum of understanding under which the agencies shall establish an advisory group for:

�� (a) Collaborating on the goals of the program;

�� (b) Coordinating the capacity, resources and fundraising opportunities and assistance;

�� (c) Sharing relevant science;

�� (d) Coordinating community outreach; and

�� (e) Assisting with identifying priority areas and priority projects to reduce wildlife-vehicle conflicts and improve habitat connectivity.

�� (2) The memorandum of understanding may designate a willing nongovernmental entity to serve as a neutral facilitator of the advisory group.

�� (3) The advisory group shall:

�� (a) Consist of diverse participants, such as participants from federal, state and local governments, academia and nonprofit organizations, as well as participants with biology and engineering backgrounds.

�� (b) Meet on a regular basis, and at least once annually through December 31, 2033.

�� (4) The Department of Transportation shall make available on a department website the materials from meetings of the advisory group and any recommendations from the advisory group. [2025 c.42 �2]

�� Sec. 3. Section 2 of this 2025 Act is repealed on January 2, 2035. [2025 c.42 �3]

�� 366.165 Revolving fund. (1) The revolving fund in the amount of $400,000 established by warrant drawn on any fund belonging to the state highway funds in favor of the Director of Transportation is continued.

�� (2) The revolving fund shall be deposited with the State Treasurer. The fund shall be at the disposal of the director. The director may designate persons authorized to pay claims from the fund and shall specify the maximum amount of money each designee may draw from the fund. The fund may be used:

�� (a) To pay salaries, travel expenses, compensation or payments for real property purchased or otherwise acquired, and emergency claims; or

�� (b) To secure or take advantage of trade discounts and to pay for services, materials and capital outlay.

�� (3) All vouchers for claims paid from the fund shall be approved by the director and audited by the fiscal officer of the Department of Transportation. When claims are so approved and audited, warrants covering them shall be drawn in favor of the director and shall be used by the director to reimburse the fund. [Amended by 1957 c.9 �1; 1967 c.454 �35; 1969 c.87 �1; 1971 c.598 �6; 1973 c.249 �34; 1979 c.186 �12; 1987 c.265 �1; 1993 c.741 �37]

�� 366.170 [Amended by 1973 c.249 �35; repealed by 1993 c.741 �147]

�� 366.175 [Amended by 1959 c.611 �1; renumbered 390.120]

�� 366.180 [Amended by 1959 c.611 �2; renumbered 390.130]

�� 366.182 [1959 c.611 ��5,6; renumbered

ORS 184.670

184.670, 184.675 and 184.685 to 184.733. [1977 c.230 �12]

�� 184.727 [1981 c.224 �3; repealed by 1989 c.867 �1]

(Public Transportation Development Program)

�� 184.730 Authority for public transportation development program. (1) In addition to the provisions of ORS 184.689, the Department of Transportation is authorized to institute a public transportation development program which may be financed by state, federal, local or other funds and may be operated in conjunction and cooperation with the federal government, metropolitan planning organizations, public and private employers, and public transportation entities.

�� (2) The department may apply to the Federal Transit Administration or Federal Highway Administration of the United States Department of Transportation or other federal or state government agency for participation in any public transportation system development project.

�� (3) The department may, with the assistance of the Oregon Department of Administrative Services or in cooperation with public transportation entities, or both, write specifications for and order public transportation equipment on behalf of any number of public transportation entities, to purchase real estate or to purchase, engineer, design, construct or lease public transportation structures and facilities under this program.

�� (4) If federal funds are being used to finance any project under this program, the department shall secure assurance from the federal government of the availability and amount of federal financial assistance. The department may also secure obligations by the participating public transportation entities that they will manage and operate such public transportation equipment or facilities at the appropriate time and will supply local funding if such is being utilized.

�� (5) Funding for projects under this section and ORS 184.733 may be with whatever percentage of federal, state or local funds that the Oregon Transportation Commission deems proper. In the event that the federal percentage is changed by legislation, the state and local percentage may be changed by action of the Oregon Transportation Commission.

�� (6) In cooperation with metropolitan planning organizations, public and private employers, and public transportation entities, the department may develop transportation demand management projects, air quality improvement projects, demonstration projects, and planning and research projects. As used in this subsection:

�� (a) Transportation demand management projects are measures to reduce traffic congestion and travel by single occupant automobiles including but not limited to carpool, vanpool, buspool, park-and-ride facilities, parking management, high occupancy vehicle lanes, bus bypass lanes, flexible hours of employment, work trip reduction programs and incentives to use public transportation.

�� (b) Air quality improvement projects are measures to reduce vehicle emissions, including transportation demand management, development of alternative fuels including fueling stations, conversion of existing vehicles or replacement of existing vehicles with vehicles producing lower emissions, research into vehicles using alternative fuels and purchase of new vehicles by public transportation entities.

�� (c) Demonstration projects show the merits of products, projects, transportation service designs or management techniques. Demonstration projects are of a limited duration. [1981 c.224 �4; 1989 c.867 �2; 1991 c.752 �14f; 1993 c.741 �17; 1995 c.79 �65]

�� 184.733 Department of Transportation Public Transportation Development Fund; use of fund; sources. (1) There is hereby established an account in the State Treasury, separate and distinct from the General Fund, to be known as the Department of Transportation Public Transportation Development Fund, which account is appropriated continuously for, and shall be used for, the purposes of ORS 184.730, developing and improving public transportation systems, acquiring transportation equipment and constructing facilities or participating with public transportation entities in the acquisition or construction of equipment or facilities. All interest, if any, shall inure to the benefit of the fund. In order to facilitate financing of the costs of transportation demand management projects, air quality improvement projects, demonstration projects, planning and research projects, acquisition or construction, the Department of Transportation may at any time, with Oregon Transportation Commission approval, draw on funds in this account for authorized purposes. The Director of Transportation may enter into written agreements with public transportation entities that commit the department to pay anticipated funds from the Department of Transportation Public Transportation Development Fund to public transportation entities for the purpose of financing the costs of acquisition and construction of transportation equipment and facilities, including servicing any obligations entered into by a public transportation entity to finance transportation equipment and facilities, which written agreements may provide for the remittance of such funds on such periodic basis, in such amounts, over such period of years and with such priority over other commitments of such funds as the director shall specify in the agreements. Any such written agreement or commitment when executed by the director and accepted by a public transportation entity shall be solely conditioned upon actual funds available in the Department of Transportation Public Transportation Development Fund and shall be valid, binding and irrevocable in accordance with its terms.

�� (2) The department may utilize moneys in the fund to purchase or lease new or rebuilt buses and other public transportation equipment, to purchase real estate or to purchase, lease or construct facilities for future sale to public transportation entities either for cash or by installment contract, but no installment contract shall be for more than five years and the balance shall bear interest at a rate indicated by the monthly earnings of the Oregon Short Term Investment Fund.

�� (3) The department may take title to and delivery of buses, other public transportation equipment or facilities acquired or built pursuant to this program for eventual transfer to public transportation entities.

�� (4) The department may from the amount appropriated to the Department of Transportation Public Transportation Development Fund deduct its costs of developing projects and administering the program authorized by this section and ORS 184.730.

�� (5) All moneys received by the department from the sale of buses, other public transportation equipment, real estate or facilities shall be placed in the Department of Transportation Public Transportation Development Fund and subject to budgetary limitations, may be used for the acquisition of additional transportation equipment or facilities. [1981 c.224 ��5,6,7; 1989 c.867 �3; 1991 c.752 �14g; 1995 c.79 �66]

(Safe Routes to Schools)

�� 184.740 Safe Routes to Schools Fund. (1) The Safe Routes to Schools Fund is established separate and distinct from the General Fund. Interest earned by the Safe Routes to Schools Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Transportation to implement a safe routes to schools program as described in ORS 184.741 and to fund projects described in ORS 184.742.

�� (2) The department may apply for, accept, receive and disburse gifts, grants, donations and other moneys from the federal government or from any other source to carry out a safe routes to schools program. Moneys received by the department under this subsection shall be deposited in the Safe Routes to Schools Fund.

�� (3) The department, in consultation with the Transportation Safety Committee, may award grants from the Safe Routes to Schools Fund to applicants who comply with criteria adopted by the department under ORS 184.741 or who qualify under ORS

ORS 184.742

184.742. [2005 c.484 �1; 2017 c.750 �124]

�� 184.741 Safe routes to schools program; rules. (1) The Department of Transportation, in consultation with the Transportation Safety Committee, shall establish a safe routes to schools program to assist communities in identifying and reducing barriers and hazards to children walking or bicycling to and from school.

�� (2) The department may provide the following kinds of assistance:

�� (a) Grants;

�� (b) Technical services and advice;

�� (c) Public information and education; and

�� (d) Evaluation and measurement of community programs.

�� (3) If the department awards grants under this section:

�� (a) The department shall award grants for all of the following:

�� (A) Education;

�� (B) Engineering; and

�� (C) Enforcement;

�� (b) No one grant is required to include moneys for all the components specified in paragraph (a) of this subsection; and

�� (c) The department shall adopt rules specifying criteria that will be used in awarding grants.

�� (4) A city, county or school district that has developed or is preparing to develop a plan described in ORS 195.115 to reduce barriers and hazards to children walking or bicycling to and from school may apply to the department for assistance in developing or carrying out the plan. [2005 c.484 �2]

�� 184.742 Matching grant program; rules. (1) The Oregon Transportation Commission may provide matching grants under this section for safety improvement projects near schools.

�� (2) To qualify for a matching grant an applicant shall:

�� (a) Demonstrate that a project fits within the applicable plan developed pursuant to ORS

ORS 190.003

190.003 to 190.130. [2015 c.49 �3]

�� 268.315 Authority of district to levy ad valorem tax. For the purpose of performing the functions set forth in ORS 268.310 (3), the district, when authorized at any properly called election held for such purpose, shall have the power to levy an ad valorem tax on all taxable property within its boundaries not to exceed in any one year one-half of one percent (0.005) of the real market value of all taxable property within the boundaries of such district, computed in accordance with ORS 308.207. [1975 c.510 �3; 1991 c.459 �368; 1997 c.833 �9]

Note: 268.315 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 268 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 268.317 Solid and liquid waste disposal powers. For purposes of solid and liquid waste disposal, a district may:

�� (1) Build, construct, acquire, lease, improve, operate and maintain landfills, transfer facilities, resource recovery facilities and other improvements, facilities or equipment necessary or desirable for the solid and liquid waste disposal system of the district. Leases authorized by this section include lease-purchase agreements whereunder the district may acquire ownership of the leased property at a nominal price. Such leases and lease-purchase agreements may be for a term of up to 30 years.

�� (2) Sell, enter into short or long-term contracts, solicit bids, enter into direct negotiations, deal with brokers or use other methods of sale or disposal for the products or by-products of the district�s facilities.

�� (3) Require any person or class of persons who generate solid or liquid wastes to make use of the disposal, transfer or resource recovery sites or facilities of the district or disposal, transfer or resource recovery sites or facilities designated by the district.

�� (4) Require any person or class of persons who pick up, collect or transport solid or liquid wastes to make use of the disposal, transfer or resource recovery sites or facilities of the district or disposal, transfer or resource recovery sites or facilities designated by the district.

�� (5) Regulate, license, franchise and certify disposal, transfer and resource recovery sites or facilities; establish, maintain and amend rates charged by disposal, transfer and resource recovery sites or facilities; establish and collect license or franchise fees; and otherwise control and regulate the establishment and operation of all public or private disposal, transfer and resource recovery sites or facilities located within the district. Licenses or franchises granted by the district may be exclusive. Existing landfills authorized to accept food wastes which, on March 1, 1979, are either franchised by a county or owned by a city are exempt from the district�s franchising and rate regulation.

�� (6) Prescribe a procedure for the issuance, administration, renewal or denial of contracts, licenses or franchises granted under subsection (5) of this section.

�� (7) Regulate the service or services provided by contract, license or franchise and order modifications, additions or extensions to the equipment, facilities, plan or services as shall be in the public interest.

�� (8) Receive, accept, process, recycle, reuse and transport solid and liquid wastes. [1977 c.95 �3; 1979 c.531 �4]

�� 268.318 District approval required for disposal, transfer or resource recovery site or facility; criteria. (1) No public or private disposal, transfer or resource recovery site or facility in the metropolitan service district shall be established, modified or extended without the prior approval of the district. The district may deny an application for the establishment, modification or extension of a site or facility if pursuant to its solid waste management plan the district has either:

�� (a) Entered into contracts obligating the district to supply or direct minimum quantities of solid wastes to sites or facilities designated in the contract in order that those sites or facilities will operate economically and generate sufficient revenues to liquidate any bonded or other indebtedness incurred by reason of those sites or facilities; or

�� (b) Adopted a franchise system for the disposal of solid or liquid wastes.

�� (2) In considering an application for the establishment, modification or extension of a site or facility, the metropolitan service district may take into account the location and number of existing sites or facilities and their remaining capacities, whether the proposed establishment, modification or extension complies with the district�s solid waste management plan and whether the applicant has complied with all other applicable regulatory requirements.

�� (3)(a) As used in this subsection:

�� (A) �Compost� has the meaning given that term in ORS 459.005.

�� (B) �Disposal site� has the meaning given that term in ORS 459.005.

�� (C) �Property line� has the meaning given that term in ORS 92.010.

�� (D) �School� has the meaning given that term in ORS 459.243.

�� (b) The metropolitan service district may not approve the establishment of a commercial disposal site for composting if the property line of the proposed disposal site for composting is located within 1,500 feet of a property line of a school that is within an exception area for rural residential uses. [1979 c.531 �2; 1997 c.833 �24; 2013 c.524 �6]

�� 268.319 Reuse and recycling of electronic products. Any metropolitan service district serving a population of more than 500,000 persons shall develop and implement a program pertaining to electronic product reuse and recycling. Under the program, the metropolitan service district shall prepare educational materials relating to the collection, recycling and reuse of used consumer electronic products and develop and implement an outreach and education program. [2003 c.706 �4]

�� Note: 268.319 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 268 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 268.320 Elector approval of district actions. Subject to the provisions of a district charter, the electors of a district may, from time to time, and in exercise of their power of the initiative, or by approving a proposition referred to them by the governing body of the district, authorize the district to assume additional functions. [1969 c.700 �11; 1977 c.95 �18; 1977 c.665 �11; 1997 c.516 �7; 1997 c.833 �10; 2005 c.22 �192; 2007 c.173 �4]

�� 268.330 Powers when providing local aspects of service; powers for public transportation; tax refunds. Subject to the provisions of a district charter:

�� (1) A district, to provide a local aspect of a public service, may take over facilities and functions of another public corporation, city or county, and may exercise powers of the corporation, city or county, in accordance with the agreement by which the district assumes the functions of the other corporation, city or county.

�� (2) For purposes of public transportation, a district may:

�� (a) Contract with the United States or with any county, city or state, or any of their departments or agencies, for the construction, preservation, improvement, operation or maintenance of any mass transit system.

�� (b) Build, construct, purchase, 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.

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

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

�� (e) Construct, acquire, maintain and operate passenger terminal facilities and motor vehicle parking facilities in connection with the mass transit system within or outside the district.

�� (f) Use a public thoroughfare in a manner mutually agreed to by the governing bodies of the district and of the thoroughfare or, if they cannot so agree upon how the district may use the thoroughfare, in a manner determined by an arbitrator appointed by the Governor.

�� (g) Do such other acts or things as may be necessary or convenient for the proper exercise of the powers granted to a district by this chapter.

�� (3) A district shall be entitled to tax refunds under ORS 319.831, as if the district were a city. [1969 c.700 �12; 1979 c.344 �3; 1983 c.740 �69; 1997 c.833 �11]

�� 268.335 [1977 c.665 �21; repealed by 1997 c.833 �27]

�� 268.340 Acquisition of property; condemnation procedure; authority to lease and dispose of property; right of entry to survey lands. (1) To the extent necessary to provide a metropolitan aspect of a public service, a district may acquire by purchase, condemnation, devise, gift or grant real and personal property or any interest therein within and without the district, including property of other public corporations. In so doing the district may proceed under ORS chapter 35.

�� (2) A district may lease and dispose of property in accordance with ORS 271.300 to 271.360.

�� (3) For purposes of surveys necessary for its proper functioning, a district may enter upon land, after giving the owner thereof reasonable advance notice of the entry. [1969 c.700 ��13,14,15; 1979 c.804 �5; 1985 c.443 �3]

�� 268.342 [1977 c.665 �23; repealed by 1997 c.833 �27]

�� 268.343 Validation of certain easements acquired by district. Conservation easements and highway scenic preservation easements acquired by a metropolitan service district prior to May 28, 1999, are validated. [1999 c.208 �5]

�� Note: 268.343 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 268 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 268.345 Limitation on condemnation power for certain facilities. Notwithstanding any power of condemnation, the district shall not acquire existent major cultural, convention, exhibition, sports or entertainment facilities owned by a public or municipal corporation without the consent of the governing body of that corporation. [1977 c.782 �2]

�� 268.347 Boundary change within district and urban reserves; filing boundary change with county assessor and Department of Revenue. (1) Notwithstanding contrary provisions regarding jurisdiction under ORS chapters 198, 221 and 222, a metropolitan service district shall exercise jurisdiction, as provided in this section and ORS

ORS 190.170

190.170; 2017 c.192 �9]

PACIFIC NORTHWEST EMERGENCY MANAGEMENT ARRANGEMENT

�� 402.250 Pacific Northwest Emergency Management Arrangement. The Governor shall participate on behalf of the State of Oregon with other governments legally joining in the compact in forms substantially as follows:

�� (1)

PACIFIC NORTHWEST EMERGENCY

MANAGEMENT ARRANGEMENT

Article I

�� Whereas the Pacific Northwest Emergency Management Arrangement is between the government of the State of Alaska, the government of the State of Idaho, the government of the State of Oregon, the government of the State of Washington, the government of the Province of British Columbia and the Yukon Government hereinafter referred to collectively as the signatories and separately as a signatory; and

�� Whereas the signatories recognize the importance of comprehensive and coordinated civil emergency preparedness, response and recovery measures for natural and technological emergencies or disasters and for declared or undeclared hostilities including enemy attack; and

�� Whereas the signatories further recognize the benefits of coordinating their separate emergency preparedness, response and recovery measures with those of contiguous jurisdictions for those emergencies, disasters or hostilities affecting or potentially affecting any one or more of the signatories in the Pacific Northwest; and

�� Whereas the signatories further recognize that regionally based emergency preparedness, response and recovery measures will benefit all jurisdictions within the Pacific Northwest, and best serve their respective national interests in cooperative and coordinated emergency preparedness as facilitated by the Consultative Group on Comprehensive Civil Emergency and Management established in the Agreement Between the government of the United States of America and the government of Canada on Cooperation and Comprehensive Civil Emergency Planning and Management signed at Ottawa, Ontario, Canada on April 28, 1986; now, therefore,

�� It is hereby agreed by and between each and all of the signatories hereto as follows:

Article II - Advisory Committee

�� (1) An advisory committee named the Western Regional Emergency Management Advisory Committee (W-REMAC) shall be established which will include one member appointed by each signatory.

�� (2) The W-REMAC will be guided by the agreed-upon Terms of Reference-Annex A.

Article III - Principles of Cooperation

�� Subject to the laws of each signatory, the following cooperative principles are to be used as a guide by the signatories in civil emergency matters that may affect more than one signatory:

�� (1) The authorities of each signatory may seek the advice, cooperation or assistance of any other signatory in any civil emergency matter.

�� (2) Nothing in the arrangement shall derogate from the applicable laws within the jurisdiction of any signatory. However, the authorities of any signatory may request from the authorities of any other signatory appropriate alleviation of such laws if their normal application might lead to delay or difficulty in the rapid execution of necessary civil emergency measures.

�� (3) Each signatory will use its best efforts to facilitate the movement of evacuees, refugees, civil emergency personnel, equipment or other resources into or across its territory or to a designated staging area when it is agreed that such movement or staging will facilitate civil emergency operations by the affected or participating signatories.

�� (4) In times of emergency, each signatory will use its best efforts to ensure that the citizens or residents of any other signatory present in its territory are provided emergency health services and emergency social services in a manner no less favorable than those provided to its own citizens.

�� (5) Each signatory will use discretionary power as far as possible to avoid levy of any tax, tariff, business license or user fees on the services, equipment and supplies of any other signatory that is engaged in civil emergency activities in the territory of another signatory and will use its best efforts to encourage local governments or other jurisdictions within its territory to do likewise.

�� (6) When civil emergency personnel, contracted firms or personnel, vehicles, equipment or other services from any signatory are made available to or are employed to assist any other signatory, all providing signatories will use best efforts to ensure that charges, levies or costs for such use or assistance will not exceed those paid for similar use of such resources within their own territory.

�� (7) The signatories will exchange contact lists, warning and notification plans and selected emergency plans and will call to the attention of their respective local governments and other jurisdictional authorities in areas adjacent to intersignatory boundaries the desirability of compatibility of civil emergency plans and the exchange of contact lists, warning and notification plans and selected emergency plans.

�� (8) The authority of any signatory conducting an exercise will ensure that all other signatories are provided an opportunity to observe, and/or participate in such exercises.

Article IV - Comprehensive Nature

�� This document is a comprehensive arrangement on civil emergency planning and management. To this end and from time to time as necessary, all signatories shall:

�� (1) Review and exchange their respective contact lists, warning and notification plans and selected emergency plans; and

�� (2) As appropriate, provide such plans and procedures to local governments and other emergency agencies within their respective territories.

Article V - Arrangement Not Exclusive

�� This is not an exclusive arrangement and shall not prevent or limit other civil emergency arrangements of any nature between signatories to this arrangement. In the event of any conflicts between the provisions of this arrangement and any other arrangement regarding emergency service entered into by two or more states of the United States that are signatories to this arrangement, the provisions of that other arrangement shall apply, with respect to the obligations of those states to each other, and not the conflicting provisions of this arrangement.

Article VI - Amendments

�� This arrangement and the Annex may be amended (and additional annexes may be added) by arrangement of the signatories.

Article VII - Cancellation or Substitution

�� Any signatory to this arrangement may withdraw from or cancel their participation in this arrangement by giving 60 days� written notice in advance of this effective date to all other signatories.

Article VIII - Authority

�� All signatories to this arrangement warrant they have the power and capacity to accept, execute and deliver this arrangement.

Article IX - Effective Date

�� Notwithstanding any dates noted elsewhere, this arrangement shall commence April 1, 1996.

�� (2)

ANNEX A

REGIONAL EMERGENCY MANAGEMENT

ADVISORY COMMITTEE

TERMS OF REFERENCE

�� (1) PURPOSE. Regional Emergency Management Advisory Committees (REMACs) are established to promote emergency management coordination and preparedness at regional levels and to complement the work of the Can/US Consultative Group.

�� (2) MANDATE. REMACs:

�� (a) Provide a forum where members and guests can raise issues and receive advice on emergency preparedness matters.

�� (b) Encourage and support preparation and exercising of emergency plans for all members.

�� (c) Will serve as regional links to the Can/US Consultative Group.

�� (3) NUMBER OF COMMITTEES. Four REMACs are established to cover the following areas:

�� (a) Eastern REMAC:

�� (A) In Canada: Regions/Provinces of New Brunswick, Nova Scotia and Quebec.

�� (B) In U.S.A.: FEMA Regions I and II, States of Maine, New Hampshire, Vermont and New York.

�� (b) Central REMAC:

�� (A) In Canada: Regions/Provinces of Quebec and Ontario.

�� (B) In U.S.A.: FEMA Regions II and V, States of New York, Pennsylvania, Ohio, Michigan, Wisconsin and Minnesota.

�� (c) Prairies REMAC:

�� (A) In Canada: Regions/Provinces of Manitoba, Saskatchewan and Alberta.

�� (B) In U.S.A.: FEMA Region VIII, States of Minnesota, North Dakota and Montana.

�� (d) Western REMAC:

�� (A) In Canada: Regions/Provinces/Territories of British Columbia and Yukon.

�� (B) In U.S.A.: FEMA Region X, States of Washington, Idaho, Oregon and Alaska.

�� (3)

ANNEX B

PACIFIC NORTHWEST EMERGENCY

MANAGEMENT ARRANGEMENT

IMPLEMENTING PROCEDURES

Article I - Purpose and Authorities

�� (1) The governments of the State of Alaska, the State of Idaho, the State of Oregon, the State of Washington and the Province of British Columbia and the Yukon Government are signatories to the Pacific Northwest Emergency Management Arrangement, hereinafter referred to as PNEMA. Article VI of PNEMA provides: �This Arrangement and the Annex may be amended (and additional Annexes may be added) by arrangement of the signatories.� Pursuant to Article VI of PNEMA, the undersigned signatories hereby enter into this arrangement, which may be designated as the Pacific Northwest Emergency Management Arrangement Implementing Procedures or Annex B to PNEMA.

�� (2) This arrangement is made and entered into by and among the signatories that enact or adopt this arrangement. For the purpose of this arrangement, the term �signatories� may include any or all of:

�� (a) The States of Alaska, Idaho, Oregon and Washington, the Province of British Columbia and the Yukon Government, all of which entered into PNEMA in 1996-1997; and

�� (b) Other states, provinces and territories as may hereafter become signatories to PNEMA and this arrangement.

�� (3) The purpose of this arrangement is to provide for the possibility of mutual assistance among the signatories entering into this arrangement in managing an emergency or disaster when the affected signatory or signatories ask for assistance, whether arising from a natural disaster, accidental or intentional events or the civil emergency aspects of resources shortages.

�� (4) This arrangement also provides for the process of planning mechanisms among the agencies responsible and for mutual cooperation, including, if need be, emergency-related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by signatories or subdivisions of signatories during emergencies, with such actions occurring outside actual declared emergency periods. Mutual assistance in this arrangement may include the use of emergency forces by mutual agreement among signatories.

�� (5) �Emergency forces� include but are not limited to police forces, security forces, fire-rescue, including Hazardous Materials and Urban Search and Rescue Teams, and emergency medical and emergency management services.

�� (6) The purpose of these implementing procedures is to provide specific procedures, agreed to by the signatories, for implementing PNEMA. The signatories acknowledge that the signatory states of the United States (Alaska, Idaho, Oregon and Washington) have adopted the Emergency Management Assistance Compact (EMAC). Nothing in PNEMA or these implementing procedures shall supersede EMAC.

Article II - General Implementation

�� (1) Each signatory entering into this arrangement recognizes that emergencies may exceed the capability of a signatory and that intergovernmental cooperation is essential in those circumstances. Each signatory further recognizes that there may be emergencies that require immediate access to outside resources and that procedures need to be in place to request outside resources to make a prompt and effective response to the emergencies because few, if any, individual signatories have all the resources they need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

�� (2) The prompt, full and effective utilization of resources of the signatories, including any resources on hand or available from any other source that are essential to the safety, care and welfare of the people in the event of any emergency or disaster, will be the underlying principle on which the articles of this arrangement are understood.

�� (3) On behalf of the signatories, the legally designated official who is assigned responsibility for emergency management is responsible for formulation of the appropriate intersignatory mutual aid plans and procedures necessary to implement this arrangement and for recommendations to the signatories concerned with respect to the amendment of statutes, regulations or ordinances for that purpose.

Article III - Signatory Responsibilities

�� (1) Each signatory will formulate procedural plans and programs for each intersignatory cooperation area listed in this section. In formulating and implementing the plans and programs the signatories, to the extent practical, shall:

�� (a) Review individual signatory hazards analyses that are available and, to the extent reasonably possible, determine all the potential emergencies the signatories might jointly suffer, whether due to a natural disaster, an accidental or intentional event or the emergency aspects of resource shortages;

�� (b) Initiate a process to review the signatories� individual emergency plans and develop a plan that will determine the mechanism for the intersignatory cooperation;

�� (c) Develop intersignatory procedures to fill identified gaps and to resolve identified inconsistencies or overlaps in existing or developed plans;

�� (d) Assist in warning communities adjacent to or crossing signatory boundaries;

�� (e) Protect and ensure delivery of services, medicines, water, food, energy and fuel, search and rescue and critical lifeline equipment, services and resources, both human and material, to the extent authorized by law;

�� (f) Inventory and agree upon procedures for the intersignatory loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and

�� (g) Provide, to the extent authorized by law, for temporary suspension of statutes or ordinances that impede the implementation of the responsibilities described in this subsection.

�� (2) The authorized representative of a signatory may request assistance of another signatory by contacting its authorized representative. These provisions apply only to requests for assistance made by and to authorized representatives. Requests may be oral or in writing. The authorized representative of a signatory will confirm their verbal request in writing within 15 days. Requests must provide the following information:

�� (a) A description of the emergency service function for which assistance is needed and of the mission or missions, including but not limited to fire services, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services and search and rescue;

�� (b) The amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed; and

�� (c) The specific place and time for staging of the assisting party�s response and a point of contact at the location.

�� (3) There will be frequent consultation among the signatories� officials who have assigned emergency management responsibilities, the officials collectively known hereinafter as the International Emergency Management Group, and other appropriate representatives of the signatory with free exchange of information, plans and resource records relating to emergency capabilities to the extent authorized by law.

Article IV - Limitation

�� (1) A signatory requested to render mutual aid or conduct exercises and training for mutual aid will respond as soon as possible, except that it is understood that the signatory rendering aid may withhold or recall resources to the extent necessary to provide reasonable protection for itself. To the extent authorized by law, each signatory will afford to the personnel of the emergency forces of any other signatory while operating within its signatory limits under the terms and conditions of this arrangement and under the operational control of an officer of the requesting signatory the same treatment as is afforded similar or like forces of the signatory in which they are performing emergency services.

�� (2) Emergency forces continue under the command and control of their regular leaders, but the organizational units come under the operational control of the emergency services authorities of the signatory receiving assistance. These conditions may be activated, as needed, by the signatory that is to receive assistance or upon commencement of exercises or training for mutual aid and continue as long as the exercises or training for mutual aid are in progress, the emergency or disaster remains in effect or loaned resources remain in the receiving signatory or signatories, whichever is longer. The receiving signatory is responsible for informing the assisting signatory when services will no longer be required.

Article V - Licenses and Permits

�� Whenever a person holds a license, certificate or other permit issued by a signatory to the arrangement evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving signatory, the person is deemed to be licensed, certified or permitted by the signatory requesting assistance to render aid involving the skill to meet an emergency or disaster, to the extent allowed by law and subject to limitations and conditions as the requesting signatory prescribes by executive order or otherwise.

Article VI - Liability

�� A person or entity of a signatory rendering aid in another signatory pursuant to this arrangement is considered an agent of the requesting signatory for tort liability and immunity purposes. A person or entity of a signatory rendering aid in another signatory pursuant to this arrangement is not liable on account of an act or omission of good faith on the part of such forces while so engaged or on account of the maintenance or use of equipment or supplies in connection therewith. �Good faith� in this article does not include willful misconduct, gross negligence or recklessness.

Article VII - Supplementary Agreements

�� Because it is probable that the pattern and detail of the provision for mutual aid among two or more signatories may differ from that among the signatories that are party to this arrangement, this contains elements of a broad base common to all signatories, and nothing in this arrangement precludes a signatory from entering into supplementary agreements with another signatory or affects any other agreements already in force among signatories. Supplementary agreements may include, but are not limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.

Article VIII - Workers� Compensation and Death Benefits

�� Each signatory shall provide, in accordance with its own laws, for the payment of workers� compensation and death benefits to injured members of the emergency forces of that signatory and to representatives of deceased members of those forces if the members sustain injuries or are killed while rendering aid to another signatory pursuant to this arrangement, in the same manner and on the same terms as if the injury or death were sustained within their own jurisdiction.

Article IX - Reimbursement

�� A signatory rendering aid to another signatory pursuant to this arrangement shall, if requested, be reimbursed by the signatory receiving the aid for loss or damage to or expense incurred in the operation of equipment and the provision of service in answering a request for aid and for the costs incurred in connection with the request. An aiding signatory may assume in whole or in part loss, damage, expense or other cost or may loan equipment or donate services to the receiving signatory without charge or cost. Any two or more signatories may enter into supplementary agreements establishing a different allocation of costs among those signatories. Benefits under Article VIII of this arrangement are not reimbursable under this section.

Article X - Evacuation

�� Each signatory shall initiate a process to prepare and maintain plans to facilitate the movement of and reception of evacuees into its territory or across its territory, according to its capabilities and powers. The signatory from which the evacuees came shall assume the ultimate responsibility for the support of the evacuees and, after the termination of the emergency, for the repatriation of the evacuees.

Article XI - Implementation

�� (1) This arrangement is effective upon its execution or adoption by any two signatories, and is effective as to any other signatory upon its execution or adoption by that signatory, subject to approval or authorization by the United States Congress, if required, and subject to enactment of national, state, provincial or territorial legislation that may be required for the effectiveness of this arrangement.

�� (2) A signatory may withdraw from this arrangement, but the withdrawal does not take effect until 30 days after the governor or premier of the withdrawing signatory has given notice in writing of the withdrawal to the governors or premiers of all other signatories. The action does not relieve the withdrawing signatory from obligations assumed under this arrangement prior to the effective date of withdrawal.

�� (3) Duly authenticated copies of this arrangement in the French and English languages and of supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the signatories.

Article XII - Severability

�� This arrangement is construed so as to effectuate the purposes stated in Article I of this arrangement. If a provision of this arrangement is declared unconstitutional or invalid or inapplicable to any person or circumstances, the validity of the remainder of this arrangement to that person or circumstances and the applicability of this arrangement to other persons and circumstances are not affected.

Article XIII - Inconsistency of Language

�� The validity of this arrangement and agreements consented to in this arrangement shall not be affected by insubstantial difference in form or language as may be adopted by the various states, provinces and territories.

[2008 c.25 �2]

�� 402.255 Citation. (1) ORS

ORS 190.440

190.440 or 190.480 to 190.490. [2003 c.790 �2; 2011 c.470 �8; 2013 c.781 �23]

�� Note: See note under 367.800.

�� 367.804 Goals of Oregon Innovative Partnerships Program; authority of Department of Transportation; confidentiality; expenses. (1) The Department of Transportation shall establish the Oregon Innovative Partnerships Program for the planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, leasing and operation of transportation projects.

�� (2) The goals of the Oregon Innovative Partnerships Program are to:

�� (a) Develop an expedited project delivery process;

�� (b) Maximize innovation; and

�� (c) Develop partnerships with private entities and units of government.

�� (3) As part of the program established under this section:

�� (a) The department may:

�� (A) Solicit concepts or proposals for transportation projects from private entities and units of government.

�� (B) Accept unsolicited concepts or proposals for transportation projects from private entities and units of government.

�� (C) Evaluate the concepts or proposals received under this subsection and select potential projects based on the concepts or proposals. The evaluation under this subparagraph shall include consultation with any appropriate local government, metropolitan planning organization or area commission on transportation.

�� (D) Charge an administrative fee for the evaluation in an amount determined by the department.

�� (b) The department shall enter into agreements to undertake transportation projects described in ORS 367.806 (2).

�� (4) Following an evaluation by the department of concepts or proposals the department receives under subsection (3)(a) of this section, and the selection of potential transportation projects, the department may negotiate and enter into the agreements described in ORS 367.806 for implementing the selected transportation projects.

�� (5) Except as provided in subsection (6) of this section:

�� (a) Information related to a transportation project proposed under ORS 367.800 to 367.824, including but not limited to the project�s design, management, financing and other details, is exempt from disclosure under ORS 192.311 to 192.478 until:

�� (A) The department shares the information with a local government, metropolitan planning organization or area commission on transportation under subsection (3)(a)(C) of this section; or

�� (B) The department completes its evaluation of the proposed project and has selected the proposal for negotiation of an agreement.

�� (b) After the department has either shared the information described in paragraph (a) of this subsection with a local government, metropolitan planning organization or area commission on transportation, or has completed its evaluation of the proposed project, the information is subject to disclosure under ORS 192.311 to 192.478.

�� (6) Sensitive business, commercial or financial information that is not customarily provided to business competitors that is submitted to the department in connection with a transportation project under ORS 367.800 to 367.824 is exempt from disclosure under ORS 192.311 to 192.478 until the information is submitted to the Oregon Transportation Commission in connection with its review and approval of the transportation project under ORS 367.806.

�� (7) The department may, in connection with the evaluation of concepts or proposals for transportation projects, consider any financing mechanisms, including but not limited to the imposition and collection of franchise fees or user fees and the development or use of other revenue sources.

�� (8) The department and any other unit of government may expend, out of any funds available for the purpose, such moneys as may be necessary for the evaluation of concepts or proposals for transportation projects and for negotiating agreements for transportation projects under ORS 367.806. The department or other unit of government may employ engineers, consultants or other experts the department or other unit of government determines are needed for the purposes of doing the evaluation and negotiation. Expenses incurred by the department or other unit of government under this subsection prior to the issuance of transportation project revenue bonds or other financing shall be paid by the department or other unit of government, as applicable, and charged to the appropriate transportation project. The department or other unit of government shall keep records and accounts showing each amount so charged. Upon the sale of transportation project revenue bonds or upon obtaining other financing for any transportation project, the funds expended by the department or other unit of government under this subsection in connection with the project shall be repaid to the department or the unit of government from the proceeds of the bonds or other financing, as allowed by applicable law. [2003 c.790 �3; 2013 c.781 �24]

�� Note: See note under 367.800.

�� 367.806 Agreements. (1) As part of the Oregon Innovative Partnerships Program established under ORS

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 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 196.806

196.806, when submitting a wetland delineation report under subsection (1) of this section.

�� (3) The department shall:

�� (a) Review the wetland delineation report submitted under subsection (1) of this section no more than 120 days after the date on which the person or governmental body submits the report; and

�� (b) Give priority to the review of a wetland delineation report that is submitted with or in advance of an application for a permit required under ORS 196.810 if the permit would authorize activities on the land parcel that is the subject of the wetland delineation report.

�� (4) All determinations made by the department under subsection (1)(a) and (b) of this section:

�� (a) Must be made by a person with expertise in wetlands hydrology, soil and vegetation; and

�� (b) Expire five years after the date on which a final determination is made.

�� (5) Five years after the date on which a final determination has been made under subsection (1)(a) or (b) of this section, if the owner of the land parcel that is the subject of the determination is conducting activities that require a permit under ORS 196.810, the landowner shall conduct a review of the land parcel. If the baseline conditions leading to the final determination have sufficiently changed to require a new determination, then the landowner shall submit a new wetland delineation report under subsection (1) of this section. If the baseline conditions leading to the final determination have not sufficiently changed to require a new determination, then the final determination of the department, notwithstanding subsection (4)(b) of this section, may be extended by five years, after payment of the applicable fee established by the director by rule under ORS 196.806.

�� (6) The department may waive or suspend the requirements of this section for the purpose of issuing an emergency authorization under ORS 196.810.

�� (7) Delineations made pursuant to this section, and determinations made under this section, must comport with:

�� (a) The United States Army Corps of Engineers Wetlands Delineation Manual of 1987; and

�� (b) Any subsequent federal supplements to the manual or applicable guidance documents issued by the United States Army Corps of Engineers, including guidance documents for the area in which a delineation will take place, as adopted by rule of the Director of the Department of State Lands. Such rules must comply with those federal supplements and guidance documents.

�� (8) Fees received under this section shall be credited to the Common School Fund for use by the department in administration of ORS 196.600 to 196.921. [2007 c.850 �2; 2012 c.108 �5; 2019 c.57 �10; 2023 c.403 �9]

�� 196.820 Prohibition against issuance of permits to fill Smith Lake or Bybee Lake; exception. (1) Notwithstanding any provision of ORS 196.600 to 196.921 to the contrary, except as provided in subsection (2) of this section, the Director of the Department of State Lands shall not issue any permit to fill Smith Lake or Bybee Lake, located in Multnomah County, below the contour line which lies 11 feet above mean sea level as determined by the 1947 adjusted United States Coastal Geodetic Survey Datum.

�� (2) The Director of the Department of State Lands may issue a permit to fill Smith Lake or Bybee Lake, located in Multnomah County, if such fill is to enhance or maintain fish and wildlife habitat or support recreational use or public access at or near Smith Lake or Bybee Lake. A fill shall be considered to be for the purpose of enhancing or maintaining fish and wildlife habitat if the proposed fill is approved by the State Department of Fish and Wildlife. [Formerly 541.622 and then 196.690; 2016 c.84 �9]

�� 196.825 Criteria for issuance of permit; conditions; consultation with public bodies; hearing; appeal. (1) The Director of the Department of State Lands shall issue a permit applied for under ORS 196.815 if the director determines that the project described in the application:

�� (a) Is consistent with the protection, conservation and best use of the water resources of this state as specified in ORS 196.600 to 196.921; and

�� (b) Would not unreasonably interfere with the paramount policy of this state to preserve the use of its waters for navigation, fishing and public recreation.

�� (2) If the director issues a permit applied for under ORS 196.815 to a person that proposes a removal or fill activity for construction or maintenance of a linear facility, and if that person is not a landowner or a person authorized by a landowner to conduct the proposed removal or fill activity on a property, then the person may not conduct removal or fill activity on that property until the person obtains:

�� (a) The landowner�s consent;

�� (b) A right, title or interest with respect to the property that is sufficient to undertake the removal or fill activity; or

�� (c) A court order or judgment authorizing the use of the property.

�� (3) In determining whether to issue a permit, the director shall consider all of the following:

�� (a) The public need for the proposed fill or removal and the social, economic or other public benefits likely to result from the proposed fill or removal. When the applicant for a permit is a public body, the director may accept and rely upon the public body�s findings as to local public need and local public benefit.

�� (b) The economic cost to the public if the proposed fill or removal is not accomplished.

�� (c) The availability of alternatives to the project for which the fill or removal is proposed.

�� (d) The availability of alternative sites for the proposed fill or removal.

�� (e) Whether the proposed fill or removal conforms to sound policies of conservation and would not interfere with public health and safety.

�� (f) Whether the proposed fill or removal is in conformance with existing public uses of the waters and with uses designated for adjacent land in an acknowledged comprehensive plan and land use regulations.

�� (g) Whether the proposed fill or removal is compatible with the acknowledged comprehensive plan and land use regulations for the area where the proposed fill or removal is to take place or can be conditioned on a future local approval to meet this criterion.

�� (h) Whether the proposed fill or removal is for streambank protection.

�� (i) Whether the applicant has provided all practicable mitigation to reduce the adverse effects of the proposed fill or removal in the manner set forth in ORS 196.800. In determining whether the applicant has provided all practicable mitigation, the director shall consider the findings regarding wetlands set forth in ORS

ORS 196.840

196.840 in 1989]

�� 541.631 [2009 c.907 �23; 2009 c.907 �30; repealed by 2013 c.784 �40]

�� 541.635 [1967 c.567 �7; 1971 c.754 �7; renumbered 196.715 and then 196.845 in 1989]

�� 541.636 [2009 c.907 �24; repealed by 2013 c.784 �40]

�� 541.640 [1967 c.567 �8; 1971 c.754 �8; 1973 c.330 �5; 1973 c.674 �8; 1981 c.796 �4; repealed by 1989 c.837 �8 (196.718 enacted in lieu of 541.640)]

�� 541.641 [2009 c.907 �27; 2009 c.907 �43; repealed by 2013 c.784 �40]

�� 541.645 [1967 c.567 �9; 1971 c.754 �9; 1989 c.837 �17; renumbered 196.720 and then 196.855 in 1989]

�� 541.646 [2009 c.907 �28; repealed by 2013 c.784 �40]

�� 541.650 [1967 c.567 �10; 1971 c.754 �10; 1973 c.330 �6; 1973 c.674 �9; 1985 c.414 �1; 1989 c.837 �18; renumbered 196.725 and then 196.860 in 1989]

WATER SUPPLY DEVELOPMENT PROJECTS

�� 541.651 Definitions for ORS 541.651 to 541.696. As used in ORS 541.651 to 541.696:

�� (1) �Newly developed water� means the new increment of water:

�� (a) Stored for a project providing new or expanded storage;

�� (b) Allocated to a use under a secondary water right for a project involving the allocation of previously uncontracted water stored by the United States Army Corps of Engineers under an existing water right; or

�� (c) Conserved for a project to allocate conserved water under the program described in ORS

ORS 196.865

196.865 in 1989]

�� 541.656 Water Supply Development Account. (1) The Water Supply Development Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Water Supply Development Account shall be credited to the account. Moneys in the account are continuously appropriated to the Water Resources Department for use in carrying out ORS 541.651 to 541.696.

�� (2) The department may expend moneys from the account for:

�� (a) Subject to subsection (4) of this section, making loans and grants to evaluate, plan and develop in-stream and out-of-stream water development projects approved by the Water Resources Commission, including but not limited to projects that:

�� (A) Repair or replace infrastructure to increase the efficiency of water use;

�� (B) Provide new or expanded water storage;

�� (C) Improve or alter operations of existing water storage facilities in connection with newly developed water;

�� (D) Create new, expanded, improved or altered water distribution, conveyance or delivery systems in connection with newly developed water;

�� (E) Allocate federally stored water;

�� (F) Promote water reuse;

�� (G) Promote water conservation;

�� (H) Provide streamflow protection or restoration;

�� (I) Provide for water management or measurement in connection with newly developed water; and

�� (J) Determine seasonally varying flows in connection with newly developed water.

�� (b) Paying the necessary administrative and technical costs of the department in carrying out ORS 541.651 to 541.696.

�� (c) In connection with a water development project funded under paragraph (a) of this subsection, providing equipment for long-term monitoring of project outcomes, including but not limited to monitoring compliance with established seasonally varying flows in connection with newly developed water.

�� (3)(a) In addition to any other permissible uses of moneys in the account, the department may expend moneys from the account to support:

�� (A) Ongoing studies conducted by the United States Army Corps of Engineers to allocate stored water; and

�� (B) Comprehensive basin studies conducted by the United States Bureau of Reclamation.

�� (b) Expenditures described in this subsection are not subject to any grant or loan procedures, public benefit scoring or ranking or other requirements or restrictions for grants or loans established under ORS 541.651 to 541.696.

�� (4) The department may expend account moneys under subsection (2) of this section for loans and grants to develop in-stream and out-of-stream water development projects only if the department determines under ORS 540.530 that any transfer of water rights for the project will not injure existing water rights. [2013 c.784 �3; 2025 c.82 �4]

�� Note: See note under 541.651.

�� 541.657 Exemptions for certain expenditures of moneys from Water Supply Development Account; loan and grant agreements. (1) Unless otherwise specified in an Act referencing this section, an expenditure of moneys from the Water Supply Development Account is not subject to ORS 541.663, 541.666, 541.669, 541.673 or 541.677 if the expenditure is for a project specifically named in an Act as subject to this section and the Act:

�� (a) Appropriates moneys to the account from the General Fund; or

�� (b) Authorizes a transfer of lottery bond proceeds to the account.

�� (2) A recipient of funding for a project described in subsection (1) of this section shall provide information requested by the Water Resources Department to comply with the provisions of ORS 541.651 to 541.696 unless ORS 541.651 to 541.696 are excluded in the Act referenced in subsection (1) of this section, and shall enter into a grant or loan agreement prior to the department disbursing funds to the recipient. [2017 c.725 �20; 2020 s.s.2 c.10 �64; 2025 c.82 �5]

�� Note: 541.657 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 541.659 Loan and grant applicants. (1) Loans and grants may be made from the Water Supply Development Account to persons as defined in ORS 536.007, to a federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon and nonprofit organizations.

�� (2) If an applicant is required to have a water management and conservation plan, the plan must be:

�� (a) Submitted to the Water Resources Department prior to department acceptance of an application for a loan or grant from the account.

�� (b) Approved by the department before the project is awarded a loan or grant. [2013 c.784 �4; 2020 s.s.1 c.15 �18; 2025 c.82 �6]

�� Note: See note under 541.651.

�� 541.660 [1967 c.567 �12; 1973 c.330 �8; 1973 c.674 �11; 1979 c.284 �166; 1985 c.414 �3; renumbered 196.735 and then

ORS 196.905

196.905 in 1989]

REMOVAL OF MATERIAL; FILLING

(Streamlining)

�� Note: Section 2, chapter 45, Oregon Laws 1989, provides:

�� Sec. 2. Provision relating to fills depending on EPA approval. (1) Notwithstanding any other provision of ORS 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989]:

�� (a) As used in ORS 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989], �fill� means the deposit by artificial means of material in any waters of this state.

�� (b) In the manner provided by ORS 541.640 [196.850], the director may provide a general exception from the application of ORS 541.605 to 541.685 [renumbered 196.800 to 196.900 in 1989] for fills that involve less than 50 cubic yards of material and will not result in substantial harm to the water resources of this state.

�� (2) This section does not become operative until the federal Environmental Protection Agency grants authority to the Department of State Lands to administer permits for the discharge of dredged or fill material under Section 404 of the Federal Water Pollution Control Act (P.L. 92-500, as amended). [1989 c.45 �2]

�� Note: See second note under 196.800.

�� 196.795 Streamlining process for administering state removal or fill permits; application for state program general permit; periodic reports to legislative committee. (1) The Department of State Lands shall continue to pursue methods to streamline the process for administering permits for the removal of material from the bed or banks of any waters of this state or for filling the waters of this state, reducing paperwork, eliminating duplication, increasing certainty and timeliness and enhancing resource protection. The efforts of the Department of State Lands shall include but need not be limited to applying to the United States Army Corps of Engineers for a state program general permit as authorized in federal regulations implementing section 404 of the Federal Water Pollution Control Act, and section 10 of the Rivers and Harbors Act of 1899, as amended. In conjunction with these activities, the Department of State Lands may continue to investigate the possibility of assuming the federal regulatory program under 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act.

�� (2) The department shall report periodically to the appropriate legislative committee on the progress in implementing subsection (1) of this section. [1995 c.474 �1; 1997 c.116 �1; 1999 c.59 �53; 2007 c.354 �2]

�� Note: 196.795 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Generally)

�� 196.800 Definitions for ORS 196.600 to 196.921. As used in ORS 196.600 to 196.921, unless the context requires otherwise:

�� (1) �Channel relocation� means a change in location of a channel in which a new channel is dug and the flow is diverted from the old channel into the new channel if more than 50 cubic yards of material is removed in constructing the new channel or if it would require more than 50 cubic yards of material to completely fill the old channel.

�� (2) �Estuary� means:

�� (a) For waters other than the Columbia River, the body of water from the ocean to the head of tidewater that is partially enclosed by land and within which salt water is usually diluted by fresh water from the land, including all associated estuarine waters, tidelands, tidal marshes and submerged lands; and

�� (b) For the Columbia River, all waters from the mouth of the river up to the western edge of Puget Island, including all associated estuarine waters, tidelands, tidal marshes and submerged lands.

�� (3) �Fill� means the total of deposits by artificial means equal to or exceeding 50 cubic yards or more of material at one location in any waters of this state.

�� (4) �General authorization� means an authorization granted under ORS 196.850 for a category of activities involving removal or fill, or both, without a permit.

�� (5) �General permit� means a permit for removal activities or fill activities that are substantially similar in nature, are recurring or ongoing, and have predictable effects and outcomes.

�� (6) �Intermittent stream� means any stream which flows during a portion of every year and which provides spawning, rearing or food-producing areas for food and game fish.

�� (7) �Large woody debris� means any naturally downed wood that captures gravel, provides stream stability or provides fish habitat, or any wood placed into waters of this state as part of a habitat improvement or conservation project.

�� (8) �Material� means rock, gravel, sand, silt and other inorganic substances, and large woody debris, removed from waters of this state and any materials, organic or inorganic, used to fill waters of this state.

�� (9) �Mitigation� means the reduction of adverse effects of a proposed project by considering, in the following order:

�� (a) Avoiding the effect altogether by not taking a certain action or parts of an action;

�� (b) Minimizing the effect by limiting the degree or magnitude of the action and its implementation;

�� (c) Rectifying the effect by repairing, rehabilitating or restoring the affected environment;

�� (d) Reducing or eliminating the effect over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate corrective measures; and

�� (e) Compensating for the effect by creating, restoring, enhancing or preserving substitute functions and values for the waters of this state.

�� (10) �Person� means a person, a public body as defined in ORS 174.109, the federal government, when operating in any capacity other than navigational servitude, or any other legal entity.

�� (11) �Practicable� means capable of being accomplished after taking into consideration the cost, existing technology and logistics with respect to the overall project purpose.

�� (12) �Public use� means a publicly owned project or a privately owned project that is available for use by the public.

�� (13) �Removal� means:

�� (a) The taking of more than 50 cubic yards or the equivalent weight in tons of material in any waters of this state in any calendar year; or

�� (b) The movement by artificial means of an equivalent amount of material on or within the bed of such waters, including channel relocation.

�� (14) �Riprap� means the facing of a streambank with rock or similar substance to control erosion in accordance with rules adopted by the Department of State Lands.

�� (15) �Water resources� includes not only water itself but also aquatic life and habitats therein and all other natural resources in and under the waters of this state.

�� (16) �Waters of this state� means all natural waterways, tidal and nontidal bays, intermittent streams, constantly flowing streams, lakes, wetlands, that portion of the Pacific Ocean that is in the boundaries of this state, all other navigable and nonnavigable bodies of water in this state and those portions of the ocean shore, as defined in ORS 390.605, where removal or fill activities are regulated under a state-assumed permit program as provided in 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act, as amended.

�� (17) �Wetland conservation plan� means a written plan providing for wetland management containing a detailed and comprehensive statement of policies, standards and criteria to guide public and private uses and protection of wetlands, waters and related adjacent uplands and which has specific implementing measures and which apply to designated geographic areas of the State of Oregon.

�� (18) �Wetlands� means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. [Formerly 541.605 and then 196.670; 1999 c.373 �1; 2003 c.253 �7; 2003 c.738 �14; 2007 c.849 �2; 2009 c.343 �18; 2013 c.198 �1; 2023 c.403 �13]

�� Note: Operation of the amendments to

ORS 197.251

197.251, the city engineer, city surveyor or county surveyor shall immediately notify the Real Estate Commissioner in writing of receipt for approval of any subdivision plat pursuant to ORS 92.100 (1). The notification shall include a general description of the land with the number of lots and total acreage covered by the subdivision plat and the names of the persons submitting the subdivision plat for approval. [1965 c.584 �2; 1983 c.570 �6a; 1989 c.772 �22]

�� 92.170 Amending recorded plat; affidavit of correction; fees. (1) Any plat of a subdivision or partition filed and recorded under the provisions of ORS 92.010 to 92.192 may be amended by an affidavit of correction:

�� (a) To show any courses or distances omitted from the subdivision or partition plat;

�� (b) To correct an error in any courses or distances shown on the subdivision or partition plat;

�� (c) To correct an error in the description of the real property shown on the subdivision or partition plat; or

�� (d) To correct any other errors or omissions where the error or omission is ascertainable from the data shown on the final subdivision or partition plat as recorded.

�� (2) Nothing in this section shall be construed to permit changes in courses or distances for the purpose of redesigning lot or parcel configurations.

�� (3) The affidavit of correction shall be prepared by the registered professional land surveyor who filed the plat of the subdivision or partition. In the event of the death, disability or retirement from practice of the surveyor who filed the subdivision or partition plat, the county surveyor may prepare the affidavit of correction. The affidavit shall set forth in detail the corrections made and show the names of the present fee owners of the property materially affected by the correction. The seal and signature of the registered professional land surveyor making the correction shall be affixed to the affidavit of correction.

�� (4) The county surveyor shall certify that the affidavit of correction has been examined and that the changes shown on the certificate are permitted under this section.

�� (5) The surveyor who prepared the affidavit of correction shall cause the affidavit to be recorded in the office of the county recorder where the subdivision or partition plat is recorded. The county clerk shall return the recorded copy of the affidavit to the county surveyor. The county surveyor shall note the correction and the recorder�s filing information, with permanent ink, upon any true and exact copies filed in accordance with ORS 92.120 (3). The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the subdivision or partition plats.

�� (6) For recording the affidavit in the county deed records, the county clerk shall collect a fee as provided in ORS 205.320. The county clerk shall also collect a fee set by the county governing body to be paid to the county surveyor for services provided under this section. Corrections or changes shall not be allowed on the original plat once it is recorded with the county clerk. [1983 c.309 �2; 1989 c.772 �23; 1993 c.702 �8; 1999 c.710 �6; 2001 c.173 �2; 2023 c.9 �3]

�� 92.175 Methods by which certain land may be provided for public purposes. (1) Land for property dedicated for public purposes may be provided to the city or county having jurisdiction over the land by any of the following methods:

�� (a) By dedication on the land subdivision plat;

�� (b) By dedication on the partition plat, provided that the city or county indicates acceptance of the dedication on the face of the plat; or

�� (c) By a separate dedication or donation document on the form provided by the city or county having jurisdiction over the area of land to be dedicated.

�� (2) Notwithstanding subsection (1) of this section, utility easements in partition and condominium plats may be granted for public, private and other regulated utility purposes without an acceptance from the governing body having jurisdiction. [1989 c.772 �3; 1997 c.489 �7; 2007 c.652 �4]

�� 92.176 Validation of unit of land not lawfully established. (1) A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land if the unit of land:

�� (a) Is not a lawfully established unit of land; and

�� (b) Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold.

�� (2) Notwithstanding subsection (1)(b) of this section, a county or city may approve an application to validate a unit of land under this section if the county or city approved a permit, as defined in ORS 215.402 or 227.160, respectively, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county or city must determine that the dwelling has:

�� (a) Intact exterior walls and roof structure;

�� (b) Indoor plumbing consisting of a kitchen sink, a toilet and bathing facilities connected to a sanitary waste disposal system;

�� (c) Interior wiring for interior lights; and

�� (d) A heating system.

�� (3) A county or city may approve an application for a permit, as defined in ORS 215.402 or

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 197.805

197.805 to 197.855.

�� (4) The governing body may, by ordinance or regulation, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon applications for approval of proposed partitions.

�� (5) No tentative plan of a proposed partition may be approved unless the tentative plan complies with the applicable zoning ordinances and regulations and the ordinances or regulations adopted under this section that are then in effect for the city or county within which the land described in the tentative plan is situated.

�� (6) Any ordinance or regulation adopted under this section shall comply with the comprehensive plan for the city or county adopting the ordinance or regulation. [1955 c.756 �22; 1973 c.696 �10; 1983 c.827 �19f; 1989 c.772 �7; 1993 c.792 �47; 1999 c.348 �13]

�� 92.048 Procedure for adoption of regulations under ORS 92.044 and 92.046. The procedure for adoption of any ordinance or regulation under ORS 92.044 and 92.046 is as follows:

�� (1) The planning commission of the county or the city shall hold a public hearing on the proposed ordinance or regulation after publishing notice of the hearing 10 days prior to the hearing in a newspaper of general circulation published in the area in which land to be subject to such ordinance or regulation is situated or, if there is no such newspaper, a newspaper of general circulation published in the county. The notice shall contain the time, place and purpose of the hearing and a description of the land to be subject to the ordinance or regulation.

�� (2) Prior to the expiration of 60 days after the date of such hearing, the planning commission may transmit its recommendation regarding the proposed ordinance or regulation to the governing body of the county or city, as the case may be. If the planning commission recommendation has not been received by the governing body of the county or the city prior to the expiration of such 60-day period, the governing body may consider the ordinance or regulation without recommendation of the planning commission thereon.

�� (3) Prior to the adoption of such ordinance or regulation, the governing body of the county or the city shall hold a hearing thereon after giving notice of the hearing in the same manner provided in subsection (1) of this section.

�� (4) A copy of any regulation or ordinance adopted by the governing body of a county or a city under this section, together with a map of the area subject to the regulation or ordinance and a brief statement of the different classifications, if any, of land partitioning under the ordinance or regulation, shall be filed with the recording officer of the county in which the land subject to the ordinance or regulation is situated. Such ordinance or regulation shall not be effective until so filed. If the ordinance or regulation is applicable throughout all of the area over which the county or city has jurisdiction under ORS 92.042, only an outline map of such area shall be filed with the recording officer of the county.

�� (5) The ordinance or regulation may be amended from time to time by following the procedure prescribed in this section. [1955 c.756 �23; 1973 c.314 �1; 1973 c.696 �11; 1983 c.570 �2]

�� 92.050 Requirements of survey and plat of subdivision and partition. (1) A person shall not submit a plat of a subdivision or partition for record, until all the requirements of ORS 209.250 and the plat requirements of the subdivision or partition have been met.

�� (2) The survey for the plat of the subdivision or partition shall be done in a manner to achieve sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

�� (3) The survey and plat of the subdivision or partition shall be made by a registered professional land surveyor.

�� (4) The plat of the subdivision or partition shall be of sufficient scale and lettering size, approved by the county surveyor, so that:

�� (a) The survey and mathematical information and all other details are clearly and legibly shown on the plat.

�� (b) Each lot or parcel is numbered consecutively.

�� (c) The lengths and courses of the boundaries of each lot or parcel are shown on the plat.

�� (d) Each street is named and shown on the plat.

�� (5) The locations and descriptions of all monuments found or set must be carefully recorded upon all plats and the proper courses and distances of all boundary lines, conforming to the surveyor�s certificate, must be shown.

�� (6) The location, dimensions and purpose of all recorded and proposed public and private easements must be shown on the subdivision or partition plat along with the county clerk�s recording reference if the easement has been recorded by the county clerk. Private easements become effective upon the recording of the plat.

�� (7) The area of each lot or parcel must be shown on the subdivision or partition plat.

�� (8) In addition to showing bearings in degrees, minutes and seconds and distances in feet and hundredths of a foot, the following curve information must be shown on the subdivision or partition plat either on the face of the map or in a separate table:

�� (a) Arc length;

�� (b) Chord length;

�� (c) Chord bearing;

�� (d) Radius; and

�� (e) Central angle.

�� (9) A city or county may not require that a final subdivision, condominium or partition plat show graphically or by notation on the final plat any information or requirement that is or may be subject to administrative change or variance by a city or county or any other information unless authorized by the county surveyor. [Amended by 1955 c.756 �10; 1983 c.309 �3; 1989 c.772 �8; 1991 c.763 �10; 1993 c.702 �3; 1995 c.382 �4; 1997 c.489 �2; 1999 c.1018 �1; 2005 c.399 �5]

�� 92.055 Requirements for unsurveyed and unmonumented parcels on plats. (1) A parcel larger than 10 acres that is created outside an urban growth boundary is not required to be surveyed and monumented and shall comply with the following:

�� (a) The approximate acreage of each unsurveyed parcel shall be shown; and

�� (b) Any unsurveyed parcel shall have the words �unsurveyed� placed in bold letters adjacent to the parcel number.

�� (2) Unsurveyed parcels need not comply with ORS 92.050 (5), (7) and (8). [1995 c.382 �2; 1999 c.1018 �2; 2005 c.399 �6]

�� Note: 92.055 was added to and made a part of 92.010 to 92.192 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 92.060 Marking subdivision, partition or condominium plats with monuments; types of monuments; property line adjustment. (1) The initial point, also known as the point of beginning, of a plat must be on the exterior boundary of the plat and must be marked with a monument that is either galvanized iron pipe or an iron or steel rod. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If an iron or steel rod is used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. The location of the monument shall be with reference by survey to a section corner, one-quarter corner, one-sixteenth corner, Donation Land Claim corner or to a monumented lot corner or boundary corner of a recorded subdivision, partition or condominium plat. When setting a required monument is impracticable under the circumstances, the county surveyor may authorize the setting of another type of monument.

�� (2) In subdivision plats, the intersections, the initial point, also known as the point of beginning, the point of ending, points of curves and points of tangents, or the point of intersection of the curve if the point is within the pavement area of the road, of the centerlines of all streets and roads and all points on the exterior boundary where the boundary line changes direction, must be marked with monuments either of galvanized iron pipe or iron or steel rods. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If iron or steel rods are used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. When setting a required monument is impracticable under the circumstances:

�� (a) The county surveyor may authorize the setting of another type of monument; or

�� (b) The county surveyor may waive the setting of the monument.

�� (3) All lot and parcel corners except lot corners of cemetery lots must be marked with monuments of either galvanized iron pipe not less than one-half inch inside diameter or iron or steel rods not less than five-eighths inch in least dimension and not less than 24 inches long. When setting a required monument is impracticable under the circumstances:

�� (a) The surveyor may set another type of monument; or

�� (b) The county surveyor may waive the setting of the monument.

�� (4) A surveyor shall set monuments with sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or within one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

�� (5) A surveyor shall set monuments on the exterior boundary of a subdivision, unless the county surveyor waives the setting of a particular monument, where changes in the direction of the boundary occur and shall reference the monuments on the plat of the subdivision before the plat of the subdivision is offered for recording. However, the surveyor need not set the remaining monuments for the subdivision prior to the recording of the plat of the subdivision if:

�� (a) The registered professional land surveyor performing the survey work certifies that the remaining monuments will be set, unless the county surveyor waives the setting of a particular monument, on or before a specified date as provided in ORS 92.070 (2); and

�� (b) The person subdividing the land furnishes to the county or city by which the subdivision was approved a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security as required by the county or city guaranteeing the payment of the cost of setting the remaining monuments for the subdivision as provided in ORS 92.065.

�� (6) A surveyor shall set all monuments on the exterior boundary and all parcel corner monuments of partitions, unless the county surveyor waives the setting of a particular monument, before the partition plat is offered for recording. Unless the governing body provides otherwise, any parcels created outside an urban growth boundary that are greater than 10 acres need not be surveyed or monumented.

�� (7) Except as provided in subsections (8) and (9) of this section, a property line adjustment must be surveyed and monumented in accordance with subsection (3) of this section and a survey, complying with ORS 209.250, must be filed with the county surveyor.

�� (8) Unless the governing body of a city or county has otherwise provided by ordinance, a survey or monument is not required for a property line adjustment when the abutting properties are each greater than 10 acres. Nothing in this subsection exempts a local government from minimum area requirements established in acknowledged comprehensive plans and land use regulations.

�� (9) The requirements of subsection (7) of this section do not apply to property transferred through a property line adjustment as described in ORS 92.010 (9)(e). [Amended by 1955 c.756 �11; 1973 c.696 �12; 1983 c.309 �4; 1989 c.772 �9; 1991 c.331 �20; 1991 c.763 �11; 1993 c.702 �4; 1995 c.79 �32; 1995 c.382 �5; 1997 c.268 �2; 1997 c.489 �3; 1997 c.631 �391; 1999 c.1018 �3; 2005 c.230 �3; 2005 c.399 �7a; 2007 c.866 �9; 2008 c.12 �4]

�� 92.065 Monumenting certain subdivision corners after recording plat; bond, cash deposit or other security. (1) Except for exterior monuments described in ORS 92.060 (5), if the remaining corners of a subdivision are to be monumented on or before a specified date after the recording of the plat of the subdivision, the person subdividing the land described in the subdivision plat shall furnish to the county surveyor, prior to approval of the subdivision plat by the county surveyor, a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security, as required at the option of the city or county, in an amount equal to 120 percent of the estimated cost of performing the work for the remaining monumentation.

�� (2) The county surveyor may require that the setting of the remaining corners of the subdivision be delayed, according to the provisions of this section, if the installation of street and utility improvements has not been completed, or if other conditions or circumstances justify the delay.

�� (3) The person subdividing the lands described in subsection (1) of this section shall pay the surveyor for performing the remaining monumentation work and notify the county surveyor of the payment. The county surveyor, within three months after the notice, shall release the bond, irrevocable letter of credit or other required security, or return the cash deposit upon a finding that the payment has been made. Upon written request from the person subdividing the land, the governing body may pay the surveyor from moneys within a cash deposit held by it for that purpose and return the excess of the cash deposit, if any, to the person who made the deposit. If the subdivider has not paid the surveyor within 30 days of final approval of the remaining monumentation, the city or county may pay the surveyor from moneys held in a cash deposit, if any, or require payment to be made from other security.

�� (4) In the event of the death, disability or retirement from practice of the surveyor charged with the responsibility for setting remaining monuments for a subdivision or upon the failure or refusal of the surveyor to set the monuments, the county surveyor shall cause the monumentation to be completed and referenced for recording as provided in ORS 92.070. If another surveyor completes the remaining monumentation, the surveyor shall submit an affidavit to the county surveyor complying with ORS 92.070 (3)(b). The county surveyor shall note on the original, and on any exact copies filed in accordance with ORS 92.120 (3) the surveyor�s name and business address. Payment of the fees for completing said monumentation shall be made by the subdivider within 30 days of the completion of such work. In the event that the subdivider fails to pay such fees within 30 days, the bond, cash deposit, irrevocable letter of credit or other security may be used to pay such fees; and when such cash or other securities are inadequate to cover the cost incurred by the county surveyor, the balance due will constitute a lien on any lots in the subdivision that are still in the ownership of the subdivider when recorded pursuant to ORS 93.600 to 93.802. [1973 c.696 �14; 1983 c.309 �5; 1989 c.772 �10; 1991 c.331 �21; 1991 c.763 �12; 1995 c.382 �6; 1997 c.631 �392; 1999 c.1018 �4]

�� 92.070 Surveyor�s certificates; procedure for recording monumented corners on plat previously recorded; reestablishing certain monuments. (1) Except as otherwise provided in this section, a subdivision or partition plat designating the location of land in a county in the State of Oregon, offered for record, must include on the face of the plat a surveyor�s certificate, together with the seal and signature of the surveyor having surveyed the land represented on the plat, to the effect that the surveyor has correctly surveyed and marked with proper monuments the lands as represented and has placed a proper monument as provided in ORS 92.060 indicating the initial point of the plat and its location in accordance with ORS 92.060 (1) and accurately describing by metes or bounds, or other description as approved by the county surveyor, the tract of land upon which the lots and blocks or parcels are laid out.

�� (2) If the person subdividing any land has complied with ORS 92.065 (1), the surveyor may prepare the plat of the subdivision for recording with only the exterior monuments referenced on the subdivision plat as submitted for recording. The subdivision plat shall include a certification of the surveyor that the remaining corners for the subdivision will be monumented on or before a specified date in accordance with ORS 92.060, noting those monuments to be set on or before said specified date on the subdivision plat as approved by the city or county.

�� (3) After the remaining corners for a subdivision have been monumented as provided in the certificate submitted under subsection (2) of this section, the surveyor performing the work shall:

�� (a) Within five days after completion of the work, notify the person subdividing the land involved and the county surveyor by whom the subdivision was approved; and

�� (b) Upon approval of the work under ORS 92.100 by the county surveyor, submit an affidavit for recording stating that the subdivision plat has been correctly surveyed and marked with proper monuments at the remaining corners of the subdivisions as noted on the original subdivision plat. Any monument that cannot be set shall be separately noted and a reference monument shall be set. The affidavit shall be approved by the county surveyor before recording. The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the county recorder where the subdivision plat is recorded. The county clerk shall promptly provide a recorded copy of the affidavit to the county surveyor. The county surveyor shall note the monuments set and the recorder�s information on the county surveyor�s copy of the subdivision plat and any exact copies filed in accordance with ORS 92.120 (3). The original plat may not be corrected or changed after it is recorded with the county clerk.

�� (4) The county surveyor approving the work pursuant to subsection (3) of this section shall reference the approval upon the subdivision plat and tracings previously recorded. A city surveyor approving the work under ORS 92.100 (1) shall reference that surveyor�s approval on the affidavit required under this section prior to approval by the county surveyor.

�� (5) Notwithstanding ORS 209.250, the surveyor who prepared the subdivision or partition plat may reestablish plat monuments within two years of plat recordation without filing a map of the survey as required under ORS 209.250. The surveyor reestablishing any plat monuments shall prepare an affidavit stating that the reestablished corners of the subdivision or partition plat have been correctly surveyed and marked with proper monuments as required under ORS 92.060. The affidavit shall be approved by the county surveyor prior to recordation of the affidavit with the county clerk. The surveyor who prepared the affidavit shall file the affidavit with the county clerk for the county where the subdivision or partition plat is recorded. The county clerk shall promptly provide a certified copy of the recorded affidavit to the surveyor. The county surveyor shall indicate the reestablished monuments on the county surveyor�s copy of the plat of the subdivision or partition and any copies of the plat filed under ORS 92.120 (3). The original plat may not be corrected or changed after it is recorded with the county clerk. The county shall charge a fee for recording the affidavit in the county clerk�s office and the county surveyor�s office. The fee shall be established by the governing body of the county and shall be paid to the county surveyor. [Amended by 1973 c.696 �13; 1983 c.309 �6; 1989 c.772 �11; 1991 c.763 �13; 1995 c.382 �7; 1997 c.489 �4; 1999 c.1018 �5; 2001 c.173 �1; 2005 c.399 �8]

�� 92.075 Declaration required to subdivide or partition property; contents. (1) In order to subdivide or partition any property, the declarant shall include on the face of the subdivision or partition plat, if a partition plat is required, a declaration, taken before a notary public or other person authorized by law to administer oaths, stating that the declarant has caused the subdivision or partition plat to be prepared and the property subdivided or partitioned in accordance with the provisions of this chapter. Any dedication of land to public purposes or any public or private easements created, or any other restriction made, shall be stated in the declaration.

�� (2) If the declarant is not the fee owner of the property, the fee owner and the vendor under any instrument of sale shall also execute the declaration for the purpose of consenting to the property being subdivided or partitioned.

�� (3) If the subdivision or partition plat contains any dedication or donation of land to public purposes, the holder of any mortgage or trust deed shall also execute the declaration for the purpose of consenting to the property being submitted to the provisions of this chapter.

�� (4) Notwithstanding the provisions of subsections (1) to (3) of this section, the fee owner, vendor or the mortgage or trust deed holder may record an affidavit consenting to the declaration of property being subdivided or partitioned and to any dedication or donation of property to public purposes. The affidavit must indicate the recorded document by which the interest in the property was acquired and all information required by ORS 93.410 to 93.530 and must be recorded in deed records at the same time as the subdivision or partition plat. The county clerk shall note the recording information of the affidavit on the original and any exact copies of the subdivision or partition plat. [1991 c.763 �3; 1995 c.382 �8; 2005 c.399 �9]

�� Note: 92.075 was added to and made a part of ORS chapter 92 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 92.080 Preparation of plat. Notwithstanding ORS 205.232 and 205.234, all plats subdividing or partitioning land in a county in this state, dedications of streets or roads or public parks and squares and other writings made a part of the subdivision or partition plats offered for record in a county in this state must be made on material that is 18 inches by 24 inches in size with an additional three-inch binding edge on the left side when required by the county clerk or the county surveyor, that is suitable for binding and copying purposes, and that has the characteristics of strength and permanency required by the county clerk and county surveyor. All signatures on the original subdivision or partition plat must be in archival quality black ink. The subdivision or partition plat must be of a scale required by the county surveyor. The lettering of the approvals, the declaration, the surveyor�s certificate and all other information must be of a size or type to be clearly legible, but the information may not come nearer an edge of the sheet than one inch. The subdivision or partition plat may be placed on as many sheets as necessary, but a face sheet and an index page must be included for subdivision or partition plats placed upon three or more sheets. [Amended by 1955 c.756 �12; 1973 c.696 �15; 1985 c.582 �1; 1989 c.772 �12; 1991 c.763 �14; 1993 c.321 �6; 1993 c.702 �5; 1997 c.489 �5; 1999 c.710 �3; 2005 c.399 �10]

�� 92.090 Approval of subdivision plat names; requisites for approval of tentative subdivision or partition plan or plat. (1) Subdivision plat names shall be subject to the approval of the county surveyor or, in the case where there is no county surveyor, the county assessor. No tentative subdivision plan or subdivision plat of a subdivision shall be approved which bears a name similar to or pronounced the same as the name of any other subdivision in the same county, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the party files and records the consent of the party that platted the contiguous subdivision bearing that name. All subdivision plats must continue the lot numbers and, if used, the block numbers of the subdivision plat of the same name last filed. On or after January 1, 1992, any subdivision submitted for final approval shall not use block numbers or letters unless such subdivision is a continued phase of a previously recorded subdivision, bearing the same name, that has previously used block numbers or letters.

�� (2) No tentative plan for a proposed subdivision and no tentative plan for a proposed partition shall be approved unless:

�� (a) The streets and roads are laid out so as to conform to the plats of subdivisions and partitions already approved for adjoining property as to width, general direction and in all other respects unless the city or county determines it is in the public interest to modify the street or road pattern.

�� (b) Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon.

�� (c) The tentative plan complies with the applicable zoning ordinances and regulations and the ordinances or regulations adopted under ORS 92.044 that are then in effect for the city or county within which the land described in the plan is situated.

�� (3) No plat of a proposed subdivision or partition shall be approved unless:

�� (a) Streets and roads for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public or private utilities.

�� (b) Streets and roads held for private use and indicated on the tentative plan of such subdivision or partition have been approved by the city or county.

�� (c) The subdivision or partition plat complies with any applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 that are then in effect for the city or county within which the land described in the subdivision or partition plat is situated.

�� (d) The subdivision or partition plat is in substantial conformity with the provisions of the tentative plan for the subdivision or partition, as approved.

�� (e) The subdivision or partition plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems, the donation of which was made a condition of the approval of the tentative plan for the subdivision or partition.

�� (f) Explanations of all common improvements required as conditions of approval of the tentative plan of the subdivision or partition have been recorded and referenced on the subdivision or partition plat.

�� (4) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted:

�� (a) A certification by a city-owned domestic water supply system or by the owner of a privately owned domestic water supply system, subject to regulation by the Public Utility Commission of Oregon, that water will be available to the lot line of each and every lot depicted in the proposed subdivision plat;

�� (b) A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a domestic water supply system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted in the proposed subdivision plat in an amount determined by a registered professional engineer, subject to any change in such amount as determined necessary by the city or county; or

�� (c) A statement that no domestic water supply facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, even though a domestic water supply source may exist. A copy of any such statement, signed by the subdivider and indorsed by the city or county, shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in any public report made for the subdivision under ORS 92.385. If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken.

�� (5) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted:

�� (a) A certification by a city-owned sewage disposal system or by the owner of a privately owned sewage disposal system that is subject to regulation by the Public Utility Commission of Oregon that a sewage disposal system will be available to the lot line of each and every lot depicted in the proposed subdivision plat;

�� (b) A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county that a sewage disposal system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted on the proposed subdivision plat in an amount determined by a registered professional engineer, subject to any change in such amount as the city or county considers necessary; or

�� (c) A statement that no sewage disposal facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, where the Department of Environmental Quality has approved the proposed method or an alternative method of sewage disposal for the subdivision in its evaluation report described in ORS 454.755 (1)(b). A copy of any such statement, signed by the subdivider and indorsed by the city or county shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in the public report made for the subdivision under ORS 92.385. If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken.

�� (6) A city or county shall accept as other assurance, as used in subsections (4)(b) and (5)(b) of this section, one or more award letters from public funding sources made to a subdivider who is subdividing the property to develop affordable housing, that is or will be subject to an affordability restriction as defined in ORS 456.766 or an affordable housing covenant as defined in ORS 456.270, if the awards total an amount greater than the project cost.

�� (7) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat of a subdivision or partition located within the boundaries of an irrigation district, drainage district, water control district, water improvement district or district improvement company shall be approved by a city or county unless the city or county has received and accepted a certification from the district or company that the subdivision or partition is either entirely excluded from the district or company or is included within the district or company for purposes of receiving services and subjecting the subdivision or partition to the fees and other charges of the district or company. [Amended by 1955 c.31 �1; 1955 c.756 �13; 1965 c.393 �1; 1973 c.696 �16; 1974 c.74 �3; 1983 c.309 �7; 1989 c.772 �13; 1991 c.331 �22; 1991 c.763 �15; 1995 c.164 �1; 2007 c.652 �3; 2023 c.223 �15]

�� 92.095 Payment of taxes, interest or penalties before subdivision or partition plat recorded. (1) A subdivision or partition plat may not be recorded unless all ad valorem taxes have been paid, including additional taxes, interest and penalties imposed on land disqualified for any special assessment and all special assessments, fees or other charges required by law to be placed upon the tax roll that have become a lien upon the land or that will become a lien during the tax year.

�� (2) After July 1, and before the certification under ORS 311.105 of any year, the subdivider or partitioner shall:

�� (a) If the exact amount of taxes, penalties, special assessments, fees and charges can be computed by the assessor, pay the amount to the tax collector. The assessor is authorized to levy and the tax collector is authorized to collect the amount.

�� (b) If the assessor is unable to compute the amount at the time, either:

�� (A) Pay the amount estimated by the assessor to be needed to pay the taxes, penalties, special assessments, fees and other charges to become due; or

�� (B) Deposit with the tax collector a bond or irrevocable letter of credit with a good and sufficient undertaking in an amount the assessor considers adequate to ensure payment of the taxes to become due. The bond or irrevocable letter of credit amount may not exceed twice the amount of the previous year�s taxes, special assessments, fees and other charges upon the land.

�� (3) Taxes paid or for which security is given under subsection (2)(a) or (b) of this section are entitled to the discount provided by ORS 311.505.

�� (4) ORS 311.370 applies to all taxes levied and collected under subsection (2) of this section, except that any deficiency constitutes a personal debt against the person subdividing or partitioning the land and not a lien against the land and must be collected as provided by law for the collection of personal property taxes.

�� (5) If a subdivision or partition plat is recorded, any additional taxes, interest or penalties imposed upon land disqualified for any special assessment become a lien upon the land on the day before the plat was recorded. [1965 c.393 �2; 1973 c.696 �17; 1979 c.350 �3; 1981 c.804 �69; 1983 c.462 �1; 1989 c.772 �14; 1991 c.331 �23; 1991 c.459 �336; 1993 c.19 �1; 2005 c.399 �11]

�� 92.097 Employment of registered engineer by private developer; government standards and fees. (1) A city, county or special district may not prohibit the employment by a developer of a registered engineer to design or supervise the installation of the improvements of streets, water and sewer lines or other public improvements that are to be installed in conjunction with the development of land using private funds.

�� (2) When design or supervision of installation of improvements is performed by a registered engineer under subsection (1) of this section, the city, county or special district may elect to establish standards for such improvements, review and approve plans and specifications and inspect the installation of improvements. The city, county or special district may collect a fee for inspection and any other services provided in an amount not to exceed the actual cost of performing the inspection or other services provided. [1979 c.191 �2; 2009 c.259 �21]

�� 92.100 Approval of plat by city or county surveyor; procedures; approval by county assessor and county governing body; fees. (1)(a) Except as provided in subsection (4) of this section, before a subdivision or partition plat that covers land within the corporate limits of a city may be recorded, the county surveyor must approve the plat.

�� (b) Notwithstanding ORS 92.170, the governing body of the city may, by resolution or order, designate the city surveyor to serve in lieu of the county surveyor or, with concurrence of the county surveyor, a contract surveyor to act as city surveyor.

�� (c) Except as provided in subsection (4) of this section, if the land is outside the corporate limits of any city, the subdivision or partition plat must be approved by the county surveyor before it is recorded.

�� (d) All subdivision plats must also be approved by the county assessor and the governing body of the county in which the property is located before recording.

�� (e) Notwithstanding paragraph (d) of this subsection, a county may provide by ordinance for the approval of subdivision plats by:

�� (A) The county assessor; and

�� (B)(i) The chairperson of the governing body of the county;

�� (ii) The vice chairperson of the governing body of the county; or

�� (iii) A person designated in lieu of the chairperson or vice chairperson.

�� (f)(A) A partition plat is subject only to the approval of the city or county surveyor unless:

�� (i) The partition plat includes a dedication of land for public road purposes; or

�� (ii) Provided otherwise by ordinance of the governing body.

�� (B) The city or county surveyor shall review the partition plat only for compliance with the survey-related provisions of ORS 92.010 to 92.192 and 209.250.

�� (2) Before approving the subdivision plat as required by this section, the county surveyor shall check the subdivision site and the subdivision plat and shall take measurements and make computations and other determinations necessary to determine that the subdivision plat complies with the survey-related provisions of ORS 92.010 to 92.192 and 209.250 and with survey-related requirements established pursuant to an ordinance or resolution passed by the governing body of the controlling city or county.

�� (3) Before approving the partition plat as required by this section, the county surveyor shall check the partition plat and make computations and other determinations that the partition plat complies with the survey-related provisions of ORS

ORS 197.860

197.860�� Stay of proceedings to allow mediation

GENERAL PROVISIONS

�� 197.005 Legislative findings. The Legislative Assembly finds that:

�� (1) Uncoordinated use of lands within this state threatens the orderly development, the environment of this state and the health, safety, order, convenience, prosperity and welfare of the people of this state.

�� (2) To promote coordinated administration of land uses consistent with comprehensive plans adopted throughout the state, it is necessary to establish a process for the review of state agency, city, county and special district land conservation and development plans for compliance with goals.

�� (3) Except as otherwise provided in subsection (4) of this section, cities and counties should remain as the agencies to consider, promote and manage the local aspects of land conservation and development for the best interests of the people within their jurisdictions.

�� (4) The promotion of coordinated statewide land conservation and development requires the creation of a statewide planning agency to prescribe planning goals and objectives to be applied by state agencies, cities, counties and special districts throughout the state.

�� (5) City and county governments are responsible for the development of local comprehensive plans. The purpose of ORS 195.065, 195.070 and 195.075 is to enhance coordination among cities, counties and special districts to assure effectiveness and efficiency in the delivery of urban services required under those local comprehensive plans. [1973 c.80 �1; 1977 c.664 �1; 1981 c.748 �21; 1993 c.804 �2a; 1999 c.348 �1]

�� 197.010 Policy. The Legislative Assembly declares that:

�� (1) In order to ensure the highest possible level of livability in Oregon, it is necessary to provide for properly prepared and coordinated comprehensive plans for cities and counties, regional areas and the state as a whole. These comprehensive plans:

�� (a) Must be adopted by the appropriate governing body at the local and state levels;

�� (b) Are expressions of public policy in the form of policy statements, generalized maps and standards and guidelines;

�� (c) Shall be the basis for more specific rules and land use regulations which implement the policies expressed through the comprehensive plans;

�� (d) Shall be prepared to assure that all public actions are consistent and coordinated with the policies expressed through the comprehensive plans; and

�� (e) Shall be regularly reviewed and, if necessary, amended to keep them consistent with the changing needs and desires of the public they are designed to serve.

�� (2)(a) The overarching principles guiding the land use program in the State of Oregon are to:

�� (A) Provide a healthy environment;

�� (B) Sustain a prosperous economy;

�� (C) Ensure a desirable quality of life; and

�� (D) Equitably allocate the benefits and burdens of land use planning.

�� (b) Additionally, the land use program should, but is not required to, help communities achieve sustainable development patterns and manage the effects of climate change.

�� (c) The overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection provide guidance to:

�� (A) The Legislative Assembly when enacting a law regulating land use.

�� (B) A public body, as defined in ORS 174.109, when the public body:

�� (i) Adopts or interprets goals, comprehensive plans and land use regulations implementing the plans, or administrative rules implementing a provision of ORS chapter 195, 196, 197, 197A, 215 or 227; or

�� (ii) Interprets a law governing land use.

�� (d) Use of the overarching principles in paragraph (a) of this subsection and the purposes in paragraph (b) of this subsection is not a legal requirement for the Legislative Assembly or other public body and is not judicially enforceable.

�� (3) The equitable balance between state and local government interests can best be achieved by resolution of conflicts using alternative dispute resolution techniques such as mediation, collaborative planning and arbitration. Such dispute resolution techniques are particularly suitable for conflicts arising over periodic review, comprehensive plan and land use regulations, amendments, enforcement issues and local interpretation of state land use policy. [1973 c.80 �2; 1981 c.748 �21a; 1993 c.792 �48; 2009 c.873 �1]

�� 197.012 Compact urban development. In areas of the state that are growing rapidly, state agencies, as defined in ORS 171.133, cities and counties should, within constraints of applicable federal law and regulations, state law and rules and local ordinances:

�� (1) Consider directing major public infrastructure investments, including major transportation investments, to reinforce compact urban development; and

�� (2) Consider giving priority to investments that promote infill or redevelopment of existing urban areas to encourage the density necessary to support alternative modes of transportation. [2009 c.873 �14]

�� Note: 197.012 was enacted into law by the Legislative Assembly but was 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.

�� 197.013 Implementation and enforcement are of statewide concern. Implementation and enforcement of acknowledged comprehensive plans and land use regulations are matters of statewide concern. [1981 c.884 �7]

�� 197.015 Definitions for ORS chapters 195, 196, 197 and 197A. As used in ORS chapters 195, 196, 197 and 197A, unless the context requires otherwise:

�� (1) �Acknowledgment� means a commission order that certifies that a comprehensive plan and land use regulations, land use regulation or plan or regulation amendment complies with the goals or certifies that Metro land use planning goals and objectives, Metro regional framework plan, amendments to Metro planning goals and objectives or amendments to the Metro regional framework plan comply with the goals.

�� (2) �Board� means the Land Use Board of Appeals.

�� (3) �Carport� means a stationary structure consisting of a roof with its supports and not more than one wall, or storage cabinet substituting for a wall, and used for sheltering a motor vehicle.

�� (4) �Commission� means the Land Conservation and Development Commission.

�� (5) �Comprehensive plan� means a generalized, coordinated land use map and policy statement of the governing body of a local government that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water systems, transportation systems, educational facilities, recreational facilities, and natural resources and air and water quality management programs. �Comprehensive� means all-inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. �General nature� means a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is �coordinated� when the needs of all levels of governments, semipublic and private agencies and the citizens of Oregon have been considered and accommodated as much as possible. �Land� includes water, both surface and subsurface, and the air.

�� (6) �Department� means the Department of Land Conservation and Development.

�� (7) �Director� means the Director of the Department of Land Conservation and Development.

�� (8) �Goals� means the mandatory statewide land use planning standards adopted by the commission pursuant to ORS chapters 195, 196, 197 and 197A.

�� (9) �Guidelines� means suggested approaches designed to aid cities and counties in preparation, adoption and implementation of comprehensive plans in compliance with goals and to aid state agencies and special districts in the preparation, adoption and implementation of plans, programs and regulations in compliance with goals. Guidelines are advisory and do not limit state agencies, cities, counties and special districts to a single approach.

�� (10) �Land use decision�:

�� (a) Includes:

�� (A) A final decision or determination made by a local government or special district that concerns the adoption, amendment or application of:

�� (i) The goals;

�� (ii) A comprehensive plan provision;

�� (iii) A land use regulation; or

�� (iv) A new land use regulation;

�� (B) A final decision or determination of a state agency other than the commission with respect to which the agency is required to apply the goals;

�� (C) A decision of a county planning commission made under ORS 433.763; or

�� (D) An expedited land division under ORS 197A.140;

�� (b) Does not include a decision of a local government:

�� (A) That is made under land use standards that do not require interpretation or the exercise of policy or legal judgment;

�� (B) That approves or denies a building permit issued under clear and objective land use standards;

�� (C) That is a limited land use decision;

�� (D) That determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility that is otherwise authorized by and consistent with the comprehensive plan and land use regulations;

�� (E) That approves, pursuant to ORS 480.450 (7), the siting, installation, maintenance or removal of a liquefied petroleum gas container or receptacle regulated exclusively by the State Fire Marshal under ORS 480.410 to 480.460;

�� (F) That approves or denies approval of a final subdivision or partition plat or that determines whether a final subdivision or partition plat substantially conforms to the tentative subdivision or partition plan; or

�� (G) That a proposed state agency action subject to ORS 197.180 (1) is compatible with the acknowledged comprehensive plan and land use regulations implementing the plan, if:

�� (i) The local government has already made a land use decision authorizing a use or activity that encompasses the proposed state agency action;

�� (ii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action is allowed without review under the acknowledged comprehensive plan and land use regulations implementing the plan; or

�� (iii) The use or activity that would be authorized, funded or undertaken by the proposed state agency action requires a future land use review under the acknowledged comprehensive plan and land use regulations implementing the plan;

�� (c) Does not include a decision by a school district to close a school;

�� (d) Does not include, except as provided in ORS 215.213 (13)(c) or 215.283 (6)(c), authorization of an outdoor mass gathering as defined in ORS 433.735, or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period; and

�� (e) Does not include:

�� (A) A writ of mandamus issued by a circuit court in accordance with ORS 215.429 or 227.179;

�� (B) Any local decision or action taken on an application subject to ORS 215.427 or 227.178 after a petition for a writ of mandamus has been filed under ORS 215.429 or

ORS 198.705

198.705, 199.420, 255.012, 366.321, 451.573 and this chapter and for purposes of this chapter shall not be considered as property within the boundaries of such districts, unless the owner of the railroad property expressly consents to its inclusion. [1975 c.782 �2; 2003 c.802 �128; 2007 c.179 �8]

�� 523.040 Powers of district; emergency power; applying for financing gifts and grants. (1) A district formed under this chapter shall have the power to make contracts, hold and receive and dispose of real and personal property within and without its described boundaries and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the district or exercising the powers conferred upon it by this chapter, sue and be sued, plead and be impleaded in all actions and suits or other proceedings brought by or against it.

�� (2) In an emergency or in order to meet peak demand a district may supply its inhabitants with heat derived from an energy source other than from geothermal resources for purposes of supplementing the geothermal heat supplied by the district.

�� (3) In addition to any other power of a district, it may apply and qualify for and receive any private or federal grants, loans or other funds available for carrying out the objects of the district. [1975 c.782 �3]

�� 523.050 Water and real property transactions; right to obtain geothermal heat from other sources. A geothermal heating district may purchase, sell and hold interests in water and real property in carrying out the objects of the district. A district also has the right to purchase or obtain from cities or other geothermal heating districts, geothermal heat, or an interest in geothermal heat, or an interest in a geothermal heat pipeline owned or operated by a city or other geothermal heating district, or to obtain jointly with a city or other geothermal heating district, any right, or to lay and own individually or jointly with any city or other geothermal heating district, any geothermal heat pipeline for the purposes specified in ORS 523.030. [1975 c.782 �5; 2003 c.802 �129]

�� 523.060 Cooperative agreements; bonds. (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 geothermal heat.

�� (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. [1975 c.782 �18]

�� 523.070 Authority to perform 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 geothermal heating, 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. [1975 c.782 �17]

OPERATION

�� 523.110 Regulations on use of geothermal heat; effect of failure to comply. Any district may adopt and promulgate regulations concerning the use of geothermal heat and the property of the district. The board of commissioners may refuse to supply any building, place or premises with geothermal heat where the user fails after 10 days� written notice to comply with the regulations. The written notice shall be by registered mail or by certified mail with return receipt and shall be deemed given when it is deposited in the United States Post Office properly addressed with postage prepaid. [1975 c.782 �11; 1991 c.249 �40]

�� 523.120 Deposit or other security for use of heat. Any district may require a reasonable cash deposit or an irrevocable letter of credit to insure payment for the use or rent of geothermal heat to be furnished by the district. [1975 c.782 �12; 1991 c.331 �75]

�� 523.130 Rates; contracts with users. A geothermal heating district shall charge consumers for the geothermal heat furnished and fix and collect the rates therefor. Rates charged may be fixed and classified according to the type of use and according to the amount of geothermal heat used. Any contract entered into by a district with persons other than domestic users shall provide for immediate cancellation whenever no surplus supply of geothermal heat exists over and above any and all demands of domestic users. A district also may contract with any person or may enter into an intergovernmental agreement under ORS chapter 190 to supply, furnish and sell surplus geothermal heat on such terms and conditions and at such rates as the board of commissioners considers advisable. [1975 c.782 �13; 2003 c.802 �130]

�� 523.140 Rate increase procedure. (1) Whenever any increase is proposed in the existing rates charged geothermal heat consumers by a district pursuant to ORS 523.130, the board of commissioners shall first provide for a public hearing on such proposal before any increased rates are ordered into effect.

�� (2) The public hearing required under subsection (1) of this section shall be held at a place designated by the board after notice thereof has been given by inclusion of a notice of the public hearing in the geothermal heating bills sent to consumers by the district during the period of 30 days prior to the date of the hearing. [1975 c.782 �14]

�� 523.150 Termination of service for nonpayment of heating charge. In case prompt payment of geothermal heating rent or charge is not made, a district may shut off the geothermal heating supply to the building, place or premises to which the district supplied the geothermal heating. [1975 c.782 �15]

�� 523.160 Refund of heating service extension costs by owner of adjacent property. If any person is required by a district to pay the cost of extending a geothermal heating pipeline adjacent to property other than the property of the person so that geothermal heating service is provided for such other property without further extension of the geothermal heating pipeline, the district shall require the owner of the other property, prior to providing geothermal heating service to that property, to refund to the person required to pay the cost of extending the geothermal heating pipeline, a pro rata portion of the cost of the extension. The right to require such refund shall not continue for more than 10 years after the date of installation of the extension of the geothermal heating pipeline. The amount to be refunded shall be determined by the district and such determination shall be final. [1975 c.782 �16]

ASSESSMENTS

�� 523.210 Special assessment for improvements; report; contents. 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. [1975 c.782 �19]

�� 523.220 Action on special assessment report by board. 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. [1975 c.782 �20]

�� 523.230 Approval of special assessment report; notice of improvement; contents. 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. [1975 c.782 �21]

�� 523.240 Means of constructing improvement. The board of a geothermal heating district 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 public body as defined in ORS 174.109, or by any combination thereof. [1975 c.782 �22; 2003 c.802 �131]

�� 523.250 Order to carry out or abandon improvement after public 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. [1975 c.782 �23]

�� 523.260 Method of assessment. 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. [1975 c.782 �24]

�� 523.270 Appeal of 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

ORS 198.800

198.800 except that the notice shall state that the county board has entered an order declaring its intention to initiate formation. The hearing and election on the proposal, and election of board members, shall be conducted as provided by ORS 198.800 to 198.825. [1971 c.727 �32]

�� 198.845 Costs. The county shall bear the cost of formation or attempted formation of a district under ORS 198.835 to 198.845. However, if a district is formed, the district shall reimburse the county for any expenses incurred by the county in making necessary preliminary engineering studies and surveys in connection with the formation of the district. [1971 c.727 �33]

(Annexation)

�� 198.850 Annexation petition or resolution; delayed effective date for certain annexations. (1) When the electors of an area wish to annex to a district, they may file an annexation petition with the county board. Before the petition is filed with the county board, it shall be approved by indorsement thereon by the board of the affected district and by any other agency also required by the principal Act to indorse or approve the petition.

�� (2) ORS 198.800 to 198.820 apply to the proceeding conducted by the county board and the rights, powers and duties of petitioners and other persons having an interest in the proceedings. However, when determining whether to approve an annexation petition filed under this section, the county board, in lieu of the criteria prescribed by ORS 198.805 (1) and 199.462, shall consider the local comprehensive plan for the area and any service agreement executed between a local government and the affected district.

�� (3) In lieu of a petition, annexation may be initiated by resolution of the district board or of the county board. Proceedings may also be initiated by any other public agency if authorized by the principal Act. If proceedings are initiated by the district board or another public agency, a resolution setting forth the matters described by ORS 198.835 shall be filed with the county board. The proceeding thereafter shall be conducted as provided by ORS 198.835 to 198.845. However, when determining whether to approve the resolution, the county board, in lieu of the criteria prescribed by ORS 198.805 (1) and 199.462, shall consider the local comprehensive plan for the area and any service agreement executed between a local government and the affected district. An annexation initiated by the district board may include an effective date that is not later than 10 years after the date of the order declaring the annexation. [1971 c.727 �34; 1991 c.637 �5; 1999 c.392 �3]

�� 198.855 Annexation election; annexation without election when petition signed by all landowners or by majority of electors and owners of more than half of land. (1) If the annexation petition is not signed by all the owners of all the lands in the territory proposed to be annexed or is not signed by a majority of the electors registered in the territory proposed to be annexed and by the owners of more than half of the land in the territory and an election is ordered on the proposed annexation as provided by ORS 198.815, the county board shall order an election to be held in the territory and the county board also shall order the board of the affected district to hold an election on the same day, both elections to be held for the purpose of submitting the proposed annexation to the electors. The district board shall certify the results of the election to the county board. The order of annexation shall not be entered by the county board unless a majority of the votes in the territory and a majority of the votes in the district are in favor of the annexation. If a majority of the votes cast in both elections do not favor annexation, the county board by order shall so declare.

�� (2) Two or more proposals for annexation of territory may be voted upon at the same time. However, within the district each proposal shall be stated separately on the ballot and voted on separately and, in the territory proposed to be annexed, no proposal for annexing other territory shall appear on the ballot.

�� (3) If the annexation petition is signed by all of the owners of all land in the territory proposed to be annexed or is signed by a majority of the electors registered in the territory proposed to be annexed and by the owners of more than half of the land in the territory, an election in the territory and district shall be dispensed with. After the hearing on the petition, if the county board approves the petition as presented or as modified or, if an election is held, if the electors approve the annexation, the county board shall enter an order describing the boundaries of the territory annexed and declaring it annexed to the district. [1971 c.727 �35; 1987 c.818 �5]

�� 198.857 Annexation without election by petition of landowner. (1) Notwithstanding ORS 198.750,

ORS 209.005

209.005. A county surveyor may require that the position of the removed monument be referenced to another survey monument and noted on a survey map filed in accordance with ORS 209.250. [Amended by 1979 c.653 �10; 1989 c. 394 �12; 1991 c.339 �2; 1997 c.336 �3; 1997 c.489 �10]

�� 209.155 Removal or destruction of survey monument during road construction; survey map in lieu of replacement; delineation of newly defined right of way. (1) Notwithstanding ORS 209.150, when a recorded survey monument, other than a public land survey corner, is removed, destroyed or disturbed as a result of construction or reconstruction of a public road, the survey monument does not have to be replaced if:

�� (a) The original location of the recorded survey monument is within the new right of way; and

�� (b) The person or public agency responsible for the construction or reconstruction causes a registered professional land surveyor to locate any survey monuments that are subject to removal, destruction or disturbance and to file a map, prior to the beginning of construction, with the county surveyor that identifies all existing recorded monuments, the existing right of way and controlling centerline and the survey control used to comply with this section.

�� (2) The newly defined right of way may be delineated by either of the following methods:

�� (a) All control points that define the right of way centerline are monumented or referenced with monuments. The right of way boundary is monumented at all angle points, points of curve, points of tangency and at least every 1,000 feet on long curves and tangents. A survey that identifies the survey control and the new right of way and controlling centerline shall be filed with the county surveyor within 180 days after completion of construction.

�� (b) A permanent survey control point network is established referencing the new right of way and controlling centerline. The network shall consist of at least three control monuments and must span the length of the project. Each control monument shall be intervisible with at least two other control monuments. At least two monuments on the network must be part of the original control used to locate the monuments described in subsection (1)(b) of this section. A map identifying the control network and the new right of way and controlling centerline shall be filed with the county surveyor within 180 days after completion of construction.

�� (3) The types of monuments shall be as described in ORS 92.060.

�� (4) The survey maps required by this section shall comply with ORS 209.250 and any other requirement of law.

�� (5) For the purpose of complying with subsection (1)(b) of this section, locating a survey monument may consist of establishing coordinates on the monument using the Oregon Coordinate System pursuant to ORS 93.312, Local Datum Plane coordinates that scale Oregon State Plane coordinates of the Oregon Coordinate System to a plane close to the ground elevation of a survey project or other coordinates compatible with those coordinates shown on the survey.

�� (6) For the purpose of complying with this section, the date of completion of construction is deemed to be the date when all substantial road improvements are completed. [1997 c.336 �2; 2011 c.179 �3]

�� 209.160 [Amended by 1979 c.653 �11; repealed 1981 c.111 �2]

�� 209.170 [Amended by 1979 c.653 �12; repealed by 1981 c.111 �2]

�� 209.180 [Repealed by 1979 c.653 �18]

�� 209.190 [Repealed by 1981 c.111 �2]

�� 209.200 Resurvey of federally surveyed lands. In the resurvey of lands surveyed under the authority of the United States, the county surveyor or a registered professional land surveyor shall observe the following rules:

�� (1) Section and quarter-section corners, and all other corners established and approved by the General Land Office or its successors, must stand as the legal and permanent corners.

�� (2) A legal and permanent corner must be reestablished at the identical spot where the original corner was located by the government survey, when the identical spot can be determined.

�� (3) When the identical spot cannot be determined, the legal and permanent corner must be reestablished with reference to the current United States Manual of Surveying Instructions. [Amended by 1979 c.653 �13; 1989 c.394 �13; 2007 c.71 �70]

�� 209.210 [Repealed by 1979 c.653 �18]

�� 209.220 Oath taken by employees. Each person employed by the county surveyor or a deputy shall, before commencing the duty assigned, take an oath or affirmation faithfully and impartially to execute the duties of employment. The county surveyor or a deputy shall administer the oath or affirmation of each employee. [Amended by 1979 c.653 �14]

�� 209.230 Materials for certain purposes. The county surveyor shall procure at the expense of the county the materials and requisites for carrying into effect ORS 209.100 to 209.230. The county court shall pay for the same and all expenses incurred therein out of the general fund of the county.

�� 209.240 [Amended by 1979 c.653 �15; repealed by 1981 c.111 �2]

�� 209.250 Survey by registered land surveyor; requirements for map, narrative or report of survey; waiver of required filing; effect of noncompliance. (1) A registered professional land surveyor making a survey of lands within this state wherein the surveyor establishes or reestablishes a boundary monument shall, within 45 days thereafter, submit for filing a permanent map of the survey to the county surveyor for review. When filed, the map is a permanent public record in the office of the county surveyor. In establishing or reestablishing a public land survey corner, the surveyor shall comply with ORS 209.070 (4), 209.130 and 209.200. If the surveyor is unable to complete the survey and submit a permanent map within 45 days, the surveyor shall, within 45 days of establishing or reestablishing a boundary monument, provide written notice to the county surveyor containing the reasons for the delay, an estimate of the amount of time reasonably necessary to complete the survey but not exceeding 180 days, and a temporary map showing the position of monuments established or reestablished.

�� (2) The permanent map must have a written narrative that may be on the face of the map. If the narrative is a separate document, the map and narrative must be referenced to each other. The map and narrative must be made on a suitable drafting material in the size required by the county surveyor. The lettering on the map and narrative must be of sufficient size and clarity to be reproduced clearly. The narrative must explain the purpose of the survey and how the boundary lines or other lines were established or reestablished and must state which deed records, deed elements, survey records, found survey monuments, plat records, road records or other pertinent data were controlling when establishing or reestablishing the lines. If the narrative is a separate document, the narrative must also contain the following:

�� (a) Location of survey by one-fourth section, Township and Range.

�� (b) The date of survey.

�� (c) The surveyor�s seal and original signature.

�� (d) The surveyor�s business name and address.

�� (3) A permanent map must show the following:

�� (a) Location of survey by one-fourth section, Township and Range.

�� (b) The date of survey.

�� (c) Scale of drawing and North Arrow.

�� (d) The distance and course of all lines traced or established, giving the basis of bearing and the measured distance and course to a monumented section corner, one-quarter corner, one-sixteenth corner or Donation Land Claim corner in Township and Range, or to a monumented lot or parcel corner or boundary corner of a recorded subdivision, partition or condominium.

�� (e) Measured bearings, angles and distances that are used as a basis for establishing or reestablishing lines or monuments separately indicated from those of record together with the recording reference. Metric measurements may be used if a conversion to feet is provided.

�� (f) Monuments set and their relation to older monuments found. A detailed description of monuments found and set must be included and monuments set must be separately indicated from those found.

�� (g) The surveyor�s seal and original signature.

�� (h) The surveyor�s business name and address.

�� (4)(a) Within 30 days of receiving a permanent map under this section, the county surveyor shall review the map to determine if it complies with subsections (1), (2) and (3) of this section and applicable local ordinances. A map must be indexed by the county surveyor within 30 days following a determination that the map is in compliance with this section. A survey prepared by the county surveyor in an official or private capacity must comply with subsections (1), (2) and (3) of this section.

�� (b) A survey map found not to be in compliance with subsection (1), (2) or (3) of this section must be returned within 30 days of receipt for correction to the surveyor who prepared the map. The surveyor shall return the corrected survey map to the county surveyor within 30 days of receipt of the survey map from the county surveyor.

�� (c) A map that is not corrected within the specified time period may be forwarded to the State Board of Examiners for Engineering and Land Surveying for action, as provided in subsection (11) of this section.

�� (d) An action may not be maintained against the county surveyor for recording a survey map that does not comply with this section.

�� (e) An action may not be maintained against the county surveyor for refusal to file a survey map that does not comply with this section.

�� (5)(a) When a survey within this state is funded entirely or in part by public funds and the survey results in the establishment of horizontal or vertical monuments for geodetic control, the registered professional land surveyor performing the survey, within 45 days after completion of the survey, shall file a report of the survey with the county surveyors of those counties where the newly established monuments are located.

�� (b) Notwithstanding paragraph (a) of this subsection, the governing body of a county may, by resolution or order, waive the filing of the report of the survey.

�� (6) A report required by subsection (5)(a) of this section may include maps or diagrams. The maps or diagrams, if included, must be referenced to each other. The report must contain the following:

�� (a) The name and number of each newly established geodetic control monument.

�� (b) Location of newly established geodetic control monuments by Section, Township and Range.

�� (c) Location of the horizontal component of geodetic control monuments by the Oregon Coordinate System referenced in ORS 93.312, including the scale factor, combined scale factor, convergence and geographic or geodetic coordinates, indicating datum used.

�� (d) Location of the vertical component of geodetic control monuments by orthometric height, ellipsoidal height and geoidal separation, indicating datum used.

�� (e) The date of survey.

�� (f) The business name and address of the surveyor.

�� (g) A description of all monuments set or found, including narrative or graphic information sufficient to locate the monuments.

�� (h) A statement explaining the purpose of the survey, the equipment and procedures used, including the geoid model and reference ellipsoid used, and the names or numbers of the found record control monuments used and their source.

�� (i) The scale of drawing and North Arrow if a map or diagram is included.

�� (j) The seal and original signature of the surveyor.

�� (k) For geodetic control, a statement regarding the network accuracy and local accuracy of the survey, categorized by horizontal position, ellipsoidal height and orthometric height, relative to the National Spatial Reference System. The statement shall include the accuracy classification at the 95 percent confidence level for both network and local classifications in accordance with Standards for Geodetic Control Networks, Part 2 of the federal Geospatial Positioning Accuracy Standards (FGDC 1998) for the newly established monuments.

�� (7) The county surveyor shall file and index reports that comply with subsections (5) and (6) of this section within 30 days of determining compliance.

�� (8) A monument set by a registered professional land surveyor to mark or reference a point on a property or land line or to mark or reference a geodetic control survey point must be durably and visibly marked or tagged with the registered business name or the letters �L.S.� followed by the registration number of the surveyor in charge or, if the monument is set by a public officer, the monument must be marked with the official title of the office.

�� (9) If, in the performance of a survey, a registered professional land surveyor finds or makes changes in a public land survey corner or its accessories as described in an existing corner record or survey map in the office of the county surveyor, the surveyor shall complete and submit to the county surveyor a record of the changes found or made to a corner or accessories to the corner. The record must be submitted within 45 days of the corner visits, and must include the surveyor�s seal and original signature, business name and address, and be on stable base reproducible material in the form required by the county surveyor.

�� (10) The signature and stamp of a registered professional land surveyor on a permanent survey map or plat constitutes certification that the map or plat complies with the applicable provisions of this chapter.

�� (11) A registered professional land surveyor failing to comply with the provisions of subsections (1) to (9) of this section, ORS 92.050 to 92.080 or a county ordinance establishing standards for surveys or plats is subject to disciplinary action by the State Board of Examiners for Engineering and Land Surveying.

�� (12) A federal or state agency, board or commission, special district or municipal corporation making a survey of lands within this state shall comply with this section. [Amended by 1963 c.555 �1; 1965 c.542 �1; 1979 c.653 �16; 1981 c.113 �2; 1983 c.309 �11; 1989 c.394 �14; 1991 c.339 �3; 1993 c.219 �13; 1997 c.489 �11; 1999 c.710 �11; 1999 c.1018 �7; 2005 c.22 �159; 2005 c.230 �2; 2011 c.179 �4; 2017 c.178 �1]

�� 209.255 Amendment of survey map or narrative by affidavit of correction; preparation, certification and recording of affidavit. (1) Any survey map or narrative filed and recorded under the provisions of this chapter may be amended by an affidavit of correction:

�� (a) To show any courses or distances omitted from the map or narrative;

�� (b) To correct an error in any courses or distances shown on the map or narrative;

�� (c) To correct an error in the description of the real property shown on the map or narrative; or

�� (d) To correct any other errors or omissions where the error or omission is ascertainable from the data shown on the map or narrative as recorded.

�� (2) Nothing in this section shall be construed to permit changes in courses or distances for the purpose of redesigning parcel configurations.

�� (3) The affidavit of correction shall be prepared by the registered professional land surveyor who filed the map or narrative. In the event of the death, disability or retirement from practice of the surveyor who filed the map or narrative, the county surveyor may prepare the affidavit of correction. The affidavit shall set forth in detail the corrections made. The seal and original signature of the registered professional land surveyor making the affidavit shall be affixed to the affidavit.

�� (4) The county surveyor having jurisdiction of the map or narrative shall certify that the affidavit of correction has been examined and that the changes shown on the map or narrative are changes permitted under this section.

�� (5) The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the county recorder of the county where the survey or narrative is recorded. The county clerk shall promptly return the recorded affidavit to the county surveyor who shall note the correction and the recorder�s filing information with permanent ink, upon the original survey or narrative filed in accordance with ORS 209.250. The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the survey or narrative.

�� (6) In addition to the fees established by ORS 205.320 for recording the affidavit in the county deed records, the county clerk shall collect a fee set by the county governing body. The county clerk shall collect the fee as set by the county governing body to be paid to the county surveyor for services provided under this section. [1983 c.309 �10; 1989 c.394 �15; 1993 c.219 �14; 1999 c.654 �23]

�� 209.260 Fee for filing and indexing. The county governing body, by resolution or order, may establish the fee to be collected by the county surveyor for filing and indexing a map or report of a survey. [1981 c.429 �2; 1985 c.582 �9; 1991 c.339 �4; 1991 c.621 �2]

�� 209.270 Records of county surveyor; location; accessibility. (1) The records of the county surveyor shall be located in county facilities designated by the county governing body.

�� (2) The county surveyor shall be provided reasonable facilities for the proper filing, indexing, copying, public inspection and examination and protection of public records as required under ORS 192.318 and 192.324. [1981 c.429 �3]

�� 209.300 Abandonment of railroad line; notice to county surveyor; request for copies of plats. When a railroad gives notice of its intention to abandon a railroad line within this state, the Department of Transportation shall provide a copy of the notice to the county surveyor of each county in which the line to be abandoned is located. Upon written request from a county surveyor so notified, the railroad shall provide the county surveyor with a reproducible copy of the right of way plats for the line to be abandoned. The copy of the right of way plats shall be provided prior to abandonment at no cost to the county surveyor, and shall show the center line of trackage as originally constructed and currently existing, together with ties to monumented public land survey corners, as shown by the right of way plats. [1985 c.220 �2; 1989 c.394 �16; 1995 c.733 �43]

�� 209.990 Penalties; civil remedies. (1) The costs of the reestablishment of the corner or witness monument may be recovered in a civil action together with costs and attorney fees for the prevailing party.

�� (2) A person may obtain injunctive relief to prevent further disturbance or destruction of survey monuments.

�� (3) Any county surveyor failing to perform the duties required of the surveyor by ORS 209.020 to 209.090 shall be fined not exceeding $100, to be recovered by an action brought by the injured party. [Amended by 1979 c.653 �17; 1989 c.394 �17]

ORS 215.402

215.402 (4)(b) and 227.160 (2)(b).

�� (C) Review decisions of the Land Use Board of Appeals and land use decisions of the Court of Appeals and the Supreme Court within 120 days of the date the decisions are issued to determine if goal or rule amendments are necessary.

�� (d) Cooperate with the appropriate agencies of the United States, this state and its political subdivisions, any other state, any interstate agency, any person or groups of persons with respect to land conservation and development.

�� (e) Appoint advisory committees to aid it in carrying out ORS chapters 195, 196, 197 and 197A and provide technical and other assistance, as it considers necessary, to each such committee.

�� (2) Pursuant to ORS chapters 195, 196, 197 and 197A, the commission shall:

�� (a) Adopt, amend and revise goals consistent with regional, county and city concerns;

�� (b) Prepare, collect, provide or cause to be prepared, collected or provided land use inventories;

�� (c) Prepare statewide planning guidelines;

�� (d) Review comprehensive plans for compliance with goals;

�� (e) Coordinate planning efforts of state agencies to assure compliance with goals and compatibility with city and county comprehensive plans;

�� (f) Insure widespread citizen involvement and input in all phases of the process;

�� (g) Review and recommend to the Legislative Assembly the designation of areas of critical state concern;

�� (h) Report periodically to the Legislative Assembly and to the committee;

�� (i) Review the land use planning responsibilities and authorities given to the state, regions, counties and cities, review the resources available to each level of government and make recommendations to the Legislative Assembly to improve the administration of the statewide land use program; and

�� (j) Perform other duties required by law.

�� (3) The requirements of subsection (1)(b) of this section shall not be interpreted as requiring an assessment for each lot or parcel that could be affected by the proposed rule. [1973 c.80 ��9,11; 1977 c.664 �5; 1981 c.748 �22; 1991 c.817 �19; 1993 c.792 �51; 1995 c.299 �1; 2009 c.873 �2]

�� Note: Sections 1 and 2, chapter 597, Oregon Laws 2025, provide:

�� Sec. 1. Rules for nature-based solutions for shoreline stabilization. (1) On or before January 1, 2028, the Land Conservation and Development Commission shall adopt rules that incorporate guidance for nonstructural, nature-based solutions for shoreline stabilization in estuaries, coastal shorelands and the ocean shore by, at a minimum:

�� (a) Adopting a definition of �nonstructural, nature-based solutions.� The definition:

�� (A) Must include natural materials that are dynamic and absorb wave energy and are meant to mimic natural systems, including but not limited to native organisms, such as shellfish, trees and plants, and locally sourced logs, rocks, sand, clay and woody debris.

�� (B) May not include structural methods of shoreline stabilization that are static and reflect wave energy.

�� (C) Must include criteria for habitat for wildlife, improving water quality, cultural and recreational resources and, where appropriate, public access.

�� (D) Must be separate and distinct from existing rules and definitions for shoreline stabilization in estuaries, coastal shorelands and the ocean shore that include jetties, bulkheads, seawalls, riprap, beachfront protective structures and other similar protective structures.

�� (b) Providing guidance for the use of nonstructural, nature-based solutions to minimize harmful impacts from flooding, and erosion, including through provisions for monitoring, maintenance and reconstruction.

�� (c) Requiring that nonstructural, nature-based solutions conform with statewide land use planning goals and that nonstructural, nature-based solutions and ecologically focused land use management practices are prioritized over structural solutions in addressing problems of erosion and flooding.

�� (2) In adopting rules under this section, the commission:

�� (a) Shall confer with the Department of State Lands, the Department of Transportation and the State Parks and Recreation Department;

�� (b) Shall appoint an advisory committee under ORS 183.333 that must include members who are coastal engineering professionals, restoration professionals, representatives of environmental and recreational organizations, tribal representatives, land owners or managers, fish and wildlife professionals and local government officials; and

�� (c) May not substantively amend any process established by rule that allows the Department of Transportation to perform actions or undertake projects that use shoreline stabilization that includes structural methods, elements or solutions. [2025 c.597 �1]

�� Sec. 2. Authorization for Department of State Lands and State Parks and Recreation Department to adopt conforming rules. On or before January 1, 2029, the Department of State Lands and the State Parks and Recreation Department may adopt rules conforming or consistent with the rules adopted by the Land Conservation and Development Commission under section 1 of this 2025 Act. [2025 c.597 �2]

�� Note: Sections 8a and 8b, chapter 38, Oregon Laws 2025, provide:

�� Sec. 8a. Section 8b of this 2025 Act is added to and made a part of ORS chapter 197. [2025 c.38 �8a]

�� Sec. 8b. Harmonizing �single-unit� and �multiunit� terminology. (1) For the purpose of harmonizing and clarifying land use law, a state agency or local government may, wherever the terms appear within land use regulations, zoning maps, comprehensive plans, regional framework plans or administrative rules, substitute the terms:

�� (a) �Single-unit housing� for �single-family housing� or similar terms; and

�� (b) �Multiunit housing� for �multifamily housing� or similar terms.

�� (2) A substitution of terms under this section:

�� (a) Is considered a minor correction to administrative rules.

�� (b) May be done by ordinance or resolution of a local government without requiring any notice or hearing, notwithstanding any provision of ORS chapter 215 or 227. [2025 c.38 �8b]

�� 197.045 Powers of commission. The Land Conservation and Development Commission may:

�� (1) Apply for and receive moneys from the federal government and from this state or any of its agencies or departments.

�� (2) Contract with any public agency for the performance of services or the exchange of employees or services by one to the other necessary in carrying out ORS chapters 195, 196, 197 and 197A.

�� (3) Contract for the services of and consultation with professional persons or organizations, not otherwise available through federal, state and local governmental agencies, in carrying out its duties under ORS chapters 195, 196, 197 and 197A.

�� (4) Perform other functions required to carry out ORS chapters 195, 196, 197 and 197A.

�� (5) Assist in development and preparation of model land use regulations to guide state agencies, cities, counties and special districts in implementing goals.

�� (6) Notwithstanding any other provision of law, review comprehensive plan and land use regulations related to the identification and designation of high-value farmland pursuant to chapter 792, Oregon Laws 1993, under procedures set forth in ORS 197.251. [1973 c.80 �10; 1977 c.664 �6; 1981 c.748 �22a; 1993 c.792 �11]

�� Note: Legislative Counsel has substituted �chapter 792, Oregon Laws 1993,� for the words �this 1993 Act� in section 11, chapter 792, Oregon Laws 1993, which amended 197.045. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1993 Comparative Section Table located in Volume 22 of ORS.

�� 197.047 Notice to local governments and property owners of changes to commission rules or certain statutes; form; distribution of notice; costs. (1) As used in this section, �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 tax assessment roll.

�� (2) At least 90 days prior to the final public hearing on a proposed new or amended administrative rule of the Land Conservation and Development Commission described in subsection (10) of this section, the Department of Land Conservation and Development shall cause the notice set forth in subsection (3) of this section to be mailed to every affected local government that exercises land use planning authority under ORS 197.175.

�� (3) The notice required in subsection (2) of this section must:

�� (a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

�� This is to notify you that the Land Conservation and Development Commission has proposed a new or amended administrative rule that, if adopted, may affect the permissible uses of properties in your jurisdiction.

�� (b) Contain substantially the following language in the body of the notice:

�� On (date of public hearing), the Land Conservation and Development Commission will hold a public hearing regarding adoption of proposed (new or amended) rule (number). Adoption of the rule may change the zoning classification of properties in your jurisdiction or may limit or prohibit land uses previously allowed on properties in your jurisdiction.

�� Rule (number) is available for inspection at the Department of Land Conservation and Development located at (address). A copy of the proposed rule (number) also is available for purchase at a cost of $_____.

�� For additional information, contact the Department of Land Conservation and Development at (telephone number).

�� (4) A local government that receives notice under subsection (2) of this section shall cause the notice set forth in subsection (5) of this section to be mailed to every owner of real property that will be rezoned as a result of the proposed rule. Notice to an owner under this subsection must be mailed at least 45 days prior to the final public hearing on the proposed rule.

�� (5) The notice required in subsection (4) of this section must:

�� (a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

�� (b) Contain substantially the following language in the body of the notice:

�� On (date of public hearing), the Land Conservation and Development Commission will hold a public hearing regarding adoption of proposed (new or amended) rule (number). Adoption of the rule may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

�� For additional information, contact the Department of Land Conservation and Development at (telephone number).

�� (6) At least 90 days prior to the effective date of a new or amended statute or administrative rule described in subsection (10) of this section, the department shall cause the notice set forth in subsection (7) of this section to be mailed to every affected local government that exercises land use planning authority under ORS

ORS 215.780

215.780 or county legislation or regulation adopted pursuant thereto. �Permit� does not include:

�� (a) A limited land use decision as defined in ORS 197.015;

�� (b) A decision which determines the appropriate zoning classification for a particular use by applying criteria or performance standards defining the uses permitted within the zone, and the determination applies only to land within an urban growth boundary;

�� (c) A decision which determines final engineering design, construction, operation, maintenance, repair or preservation of a transportation facility which is otherwise authorized by and consistent with the comprehensive plan and land use regulations; or

�� (d) An expedited land division, as described in ORS 197A.140. [1973 c.552 �12; 1977 c.654 �1; 1981 c.748 �49; 1991 c.817 �8; 1995 c.79 �77; 1995 c.595 �12; 2001 c.672 �15; 2015 c.260 �4; 2025 c.476 �39]

�� 215.406 Planning and zoning hearings officers; duties and powers; authority of governing body or planning commission to conduct hearings. (1) A county governing body may authorize appointment of one or more planning and zoning hearings officers, to serve at the pleasure of the appointing authority. The hearings officer shall conduct hearings on applications for such classes of permits and contested cases as the county governing body designates.

�� (2) In the absence of a hearings officer a planning commission or the governing body may serve as hearings officer with all the powers and duties of a hearings officer. [1973 c.552 �13; 1977 c.766 �10]

�� 215.410 [Repealed by 1971 c.13 �1]

�� 215.412 Adoption of hearing procedure and rules. (1) The governing body of a county by ordinance or order shall adopt one or more procedures for the conduct of hearings.

�� (2) The governing body of a county by ordinance or order shall adopt rules stating that all decisions made by the governing body will be based on factual information, including adopted comprehensive plans and land use regulations. [1973 c.552 �14; 1977 c.766 �11; 1997 c.452 �2]

�� 215.415 [1953 c.662 �5; repealed by 1971 c.13 �1]

�� 215.416 Permit application; fees; consolidated procedures; hearings; notice; approval criteria; decision without hearing. (1) When required or authorized by the ordinances, rules and regulations of a county, an owner of land may apply in writing to such persons as the governing body designates, for a permit, in the manner prescribed by the governing body. The governing body shall establish fees charged for processing permits at an amount no more than the actual or average cost of providing that service.

�� (2) The governing body shall establish a consolidated procedure by which an applicant may apply at one time for all permits or zone changes needed for a development project. The consolidated procedure shall be subject to the time limitations set out in ORS 215.427. The consolidated procedure shall be available for use at the option of the applicant no later than the time of the first periodic review of the comprehensive plan and land use regulations.

�� (3) Except as provided in subsection (11) of this section, the hearings officer shall hold at least one public hearing on the application.

�� (4)(a) A county may not approve an application if the proposed use of land is found to be in conflict with the comprehensive plan of the county and other applicable land use regulation or ordinance provisions. The approval may include such conditions as are authorized by statute or county legislation.

�� (b)(A) A county may not deny an application for a housing development located within the urban growth boundary if the development complies with clear and objective standards, including but not limited to clear and objective design standards contained in the county comprehensive plan or land use regulations.

�� (B) This paragraph does not apply to:

�� (i) Applications or permits for residential development in areas described in ORS 197A.400 (2); or

�� (ii) Applications or permits reviewed under an alternative approval process adopted under ORS

ORS 223.882

223.882 can be contracted or incurred, the consent of the electors of the city must first be obtained. [Formerly 223.865]

�� 223.888 Authority of city to carry out law. In the execution of powers conferred by ORS 223.882 to 223.886, a city may act through its council, commission of public docks, or other administrative body having jurisdiction of its wharves, docks or waterfront property. The city or its said administrative body may enter into and execute contracts or leases and do all acts and things requisite for carrying out the purposes of ORS 223.882 to 223.900. [Formerly 223.870]

�� 223.900 Leasing property to individuals. In leasing or renting any part or portion of the real property acquired pursuant to the authority of ORS 223.882 to any individual or corporation, a city shall act in conformity with the requirements of ORS 271.300 to 271.360 when those sections are applicable. [Formerly 223.875; 1985 c.443 �2]

�� 223.905 [Repealed by 2007 c.783 �234]

�� 223.910 [Repealed by 2007 c.783 �234]

�� 223.915 [Repealed by 2007 c.783 �234]

�� 223.920 [Repealed by 2007 c.783 �234]

�� 223.925 [Repealed by 2007 c.783 �234]

MISCELLANEOUS PROVISIONS

�� 223.930 Streets along city boundaries or partly within and without city. (1) Any city may construct, improve, maintain and repair any street the roadway of which, as defined in the Oregon Vehicle Code, is along or along and partly without, or partly within and partly without the boundaries of the city and may acquire, within and without the boundaries of such city, such rights of way as may be required for such street by donation or purchase or by condemnation in the same manner as provided in ORS 223.005 to 223.105, except as provided in subsection (2) of this section.

�� (2) In any condemnation proceeding pursuant to subsection (1) of this section, a city shall not have any right of occupancy or possession until the condemnation judgment is paid. [1955 c.551 �1; 1985 c.16 �453]

�� 223.935 Basis for legalization of road. A city governing body may initiate proceedings to legalize a city road within the city under ORS 223.935 to 223.950 if any of the following conditions exist:

�� (1) If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a public road.

�� (2) If the location of the road cannot be accurately determined due to:

�� (a) Numerous alterations of the road;

�� (b) A defective survey of the road or adjacent property; or

�� (c) Loss or destruction of the original survey of the road.

�� (3) If the road as traveled and used for 10 years or more does not conform to the location of a road described in the city records. [1989 c.375 �1]

�� 223.940 Proceedings for legalization of roads; report; notice. (1) If proceedings for legalization of a road are initiated under ORS 223.935, the city governing body shall:

�� (a) Cause the road to be surveyed to determine the location of the road;

�� (b) Cause the city engineer or other city road official to file a written report with the city governing body including the survey required under this section and any other information required by the city governing body; and

�� (c) Cause notice of the proceedings for legalization to be provided to owners of abutting land in the manner required by city ordinance or charter.

�� (2) In a proceeding under this section, any person may file with the city governing body information that controverts any matter presented to the city governing body in the proceeding or alleging any new matter relevant to the proceeding. [1989 c.375 �2]

�� 223.945 Compensation for property affected by road legalization. (1) A city governing body shall provide for compensation under this section to any person who has established a structure on real property if the structure encroaches on a road that is the subject of legalization proceedings under ORS 223.935 to 223.950.

�� (2) To qualify for compensation under this section, a person must file a claim for damages with the city governing body before the close of the hearing to legalize the road. The city governing body shall consider a claim for damages unless the city governing body determines that:

�� (a) At the time the person acquired the structure, the person had a reasonable basis for knowing that the structure would encroach upon the road;

�� (b) Upon the original location of the road, the person received damages;

�� (c) The person or the person�s grantor applied for or assented to the road passing over the property; or

�� (d) When making settlements on the property, the person found the road in public use and traveled.

�� (3) The compensation allowed under this section shall be just compensation for the removal of the encroaching structure.

�� (4) The city governing body may proceed to determine compensation and acquire the structure by any method authorized by law or by the city charter.

�� (5) If a city governing body determines that removal of the encroaching structure is not practical under this section, the city governing body may acquire property to alter the road being legalized. [1989 c.375 �3]

�� 223.950 Order under road legalization proceeding. (1) After considering matters presented in a proceeding to legalize a road under ORS 223.935 to 223.950, a city governing body shall determine whether legalization of the road is in the public interest and shall enter an order abandoning or completing the legalization procedures on the road.

�� (2) When a city governing body legalizes a road under ORS 223.935 to 223.950, the city governing body shall cause the road to be surveyed and the centerline and right of way to be monumented by a registered professional land surveyor. The survey map and narrative for such survey shall be prepared and filed with the county surveyor in accordance with ORS 209.250.

�� (3) Courts shall receive any order filed under this section as conclusive proof that the road exists as described in the order.

�� (4) Upon completion of the legalization procedures under ORS 223.935 to 223.950:

�� (a) Any records showing the location of the road that conflict with the location of the road as described in the order are void; and

�� (b) The road exists as shown on the order legalizing the road. [1989 c.375 �4]

ORS 224.260

224.260 (1971 Replacement Part) shall, when issued and sold, be legal and binding obligations of the municipality if the issuance of bonds for that purpose has been authorized and approved by a majority vote of the electors voting on the question and regardless of whether the question was submitted to the electors by the council or other governing body by resolution, ordinance or by charter amendment. The governing body of the municipality may, either before or after issuing the bonds, adopt plans, specifications and estimates for a sanitary disposal of sewage with or without following any previous plans, specifications, estimates or methods.

SEWER CONSTRUCTION IN CITIES OF 3,500 OR LESS

�� 224.310 Definitions for ORS 224.310 to 224.420. As used in ORS 224.310 to 224.420, unless the context requires otherwise:

�� (1) �Municipality� means a duly incorporated city or town having a population of not more than 3,500 inhabitants as determined from the latest official enumeration of inhabitants, either federal or state, made prior to the date of authorization of the construction and establishment by the municipality of a sewerage system or of an extension to an existing sewerage system.

�� (2) �Sewerage system� means complete or primary sewage treatment and disposal facilities, sewer mains, pumping stations, and all equipment and appurtenances necessary, useful or convenient for the treatment or disposal of sewage, or any portion of such a system, whether within or without the corporate limits of a municipality. [Amended by 1953 c.287 �9; 1959 c.157 �4]

�� 224.320 Municipalities eligible for state help in financing sewerage systems. Municipalities that have been certified by the Environmental Quality Commission as being in need of sewerage systems and that are unable to sell bonds upon the public market, or are unable to obtain satisfactory offers for bonds upon such market, for the purpose of financing the costs of construction thereof may apply to the State Treasurer for the purpose of financing such costs under ORS 224.310 to 224.420. The Environmental Quality Commission shall furnish to the State Treasurer in writing a list of the municipalities that are in the greatest need of sewerage and sanitation facilities. [Amended by 1955 c.593 �1]

�� 224.330 Conditions precedent to financing application. A municipality shall not apply to the State Treasurer for financing under ORS 224.320 unless:

�� (1) It submits to the State Treasurer plans and specifications prepared by competent registered engineers setting forth the type or character of sewer system or sewerage facilities proposed for the particular municipality and the estimated cost of the system and of the appurtenances thereto.

�� (2) It submits to the State Treasurer the proposed plan of the municipality for liquidation of indebtedness to be incurred for financing the cost of such system or facilities. [Amended by 1953 c.287 �9; 2009 c.259 �23]

�� 224.340 Bonds; form and terms. Notwithstanding the provisions of any other Act or of any city charter, the bonds issued by municipalities pursuant to ORS 224.350 and 224.370 shall bear such dates, be in such form, run for such periods of time, bear such rates of interest, and be sold by the municipalities at such prices as the State Treasurer may determine. [Amended by 1953 c.287 �9; 1955 c.593 �2; 1981 c.94 �12]

�� 224.350 General powers of State Treasurer under ORS 224.310 to 224.420; rules. (1) The State Treasurer shall be the sole judge as to whether state funds shall be invested in the project and as to which undertakings shall first be financed. The decision of the State Treasurer on the subject of investment and priority shall be final.

�� (2) The State Treasurer may enlist the technical services of any state officer or department in a study of the feasibility and cost of the sewerage project.

�� (3) The State Treasurer, in the discretion of the State Treasurer, may purchase, with funds subject to investment by the State Treasurer, or with moneys from the revolving fund as provided in ORS 224.390, general obligation sewerage system bonds of any municipality including bonds issued under statutory or charter authority pursuant to applications to pay assessments in installments. To facilitate the construction of a sewerage system for a municipality, the state may purchase at current market prices with such funds the outstanding water system bonds of the municipality. After the purchase of such bonds, the State Treasurer may agree with the municipality as to allocation of the net revenues of the water system of the municipality to the payment of the principal of and the interest upon the water system bonds, and upon the sewerage system bonds of the municipality. If the State Treasurer deems it expedient in the acquisition and construction of a sewerage system for a municipality to furnish sewerage service for territory that is contiguous to a municipality, or for territory outside the municipality that, in the judgment of the State Treasurer, can conveniently be served by the sewerage system thereof, the state may purchase the sewerage system bonds of a sanitary district or districts comprising such territory, or any part thereof, provided the public indebtedness for all purposes within said sanitary district or districts shall not exceed 12-1/2 percent of the real market value of all taxable property therein.

�� (4) The State Treasurer may authorize municipalities or sanitary districts, or both, to issue sewerage system bonds with the right reserved to them to redeem bonds at par value and accrued interest prior to the final maturity dates of the bonds.

�� (5) The State Treasurer, in the discretion of the State Treasurer, may authorize deferment of payment of interest upon the sewerage bonds of the municipality or district for a period not exceeding three years, and may provide for the issuance of such bonds with graduated rates of interest.

�� (6) The State Treasurer may adopt rules and regulations specifying the procedure to be followed by a municipality or sanitary district in availing itself of the provisions of ORS 224.310 to 224.420. [Amended by 1953 c.287 �9; 1967 c.293 �25; 1991 c.459 �352]

�� 224.360 [Amended by 1953 c.287 �9; 1955 c.593 �3; repealed by 1967 c.335 �60]

�� 224.370 Municipality or district not to issue other bonds. So long as any of the sewerage bonds of the municipality or district are owned by the state, the municipality or district shall not issue other bonds of any character without prior written approval of the State Treasurer. [Amended by 1953 c.287 �9]

�� 224.380 Limitations on authority of State Treasurer to purchase bonds. The State Treasurer may purchase sewerage bonds from a municipality or sanitary district at private sale if the municipality or district does not receive any bids for the bonds, or if bids received therefor are unsatisfactory. General obligation sewer bonds or sewerage system bonds, other than those issued pursuant to applications to pay assessments in installments, may be purchased by the State Treasurer under the provisions of ORS 224.310 to 224.420 only if the revenues of the sewerage system of the issuing municipality or district, or both, after the payment of operation and maintenance expenses, are pledged wholly to the payment of the principal of and the interest upon the said bonds, and the municipality and the sanitary district, if any, served by the sewerage system of a municipality covenant to levy ad valorem taxes upon all of the taxable property within their corporate limits to meet deficiencies in such revenues for such purposes, and only if the combined indebtedness for all public purposes, other than state or federal, within the boundaries of the municipality, including the proposed sewerage system indebtedness, but excluding obligations issued for other utilities that are self-supporting or self-liquidating or are approximately so, does not exceed 12-1/2 percent of the real market value of all property that is by law assessable for state and county purposes within the limits of the municipality. Notwithstanding that such revenues may have been pledged to the payment of the principal of and the interest upon a particular issue of general obligation bonds owned by the state, the same revenues, with the approval of the State Treasurer, may be pledged to the payment of the principal of and the interest on additional issues of such bonds purchased by the state from the municipality or district. The additional issues shall be on a parity with previous issues as to the pledge of such revenues for such purposes. Municipalities may provide that receipts from the payment of assessments levied under authority of chapter 593, Oregon Laws 1955, and the interest thereon shall be applied to payment of the principal of and the interest upon their general sewerage system bonds issued under authority of chapter 593, Oregon Laws 1955, rather than issue Bancroft or assessment bonds pursuant to such assessments. In order to complete the financing of a sewerage system, the State Treasurer may purchase issues of general obligation sewerage system bonds of municipalities or sanitary districts, payable only from ad valorem property taxes, provided the issues do not exceed the debt limits specified in this section. If, in addition to the net revenues of the sewerage system of the issuing municipality, the net revenues of the municipality-owned water system of the municipality that may become available in not more than five years from the issue date of the sewerage system bonds also are pledged to the said bonds, and the municipality further covenants to levy ad valorem taxes upon all the taxable property within its corporate limits to meet deficiencies in sewerage system and water system revenues for such purposes, the sewerage system bonds of the municipality may be purchased by the State Treasurer, provided the combined indebtedness for all purposes within the boundaries of the municipality, including the proposed sewerage system indebtedness, but excluding obligations issued for other utilities that are self-supporting or self-liquidating or are approximately so, does not exceed 15-3/8 percent of the real market value of the property within the limits of the municipality. This limitation shall include the ratios of indebtedness to real market value of other subdivisions that overlap the municipality to an extent of more that 12-1/2 percent of the real market value of all the taxable property of the municipality. [Amended by 1953 c.287 �9; 1955 c.593 �4; 1967 c.293 �26; 1991 c.459 �353]

�� 224.390 State Sewer Bond Revolving Fund. The State Sewer Bond Revolving Fund is created for investment under authority of ORS 224.310 to 224.420 and for payment of costs of the State Treasurer in carrying out the provisions of those sections. The State Treasurer may engage such assistance and incur such expenses as may be necessary for that purpose. The earnings of the revolving fund shall accrue to the General Fund, and the amounts received in payment of the principal of investments thereof shall be credited to the General Fund, to be available for the payment of general governmental expenses. [Amended by 1963 c.341 �3]

�� 224.400 Approval by State Treasurer of rates, collection of charges and delinquent assessments; budget approval. (1) Each municipality financing the cost of a sewerage system under authority of ORS 224.310 to 224.420 shall submit to the State Treasurer for approval a schedule of its rates and proposed method of collection of its sewerage charges. The rates shall be such as, in the judgment of the State Treasurer, shall provide sufficient funds with other revenues, if any, and ad valorem property taxes to liquidate, during the period approved by the State Treasurer, the indebtedness incurred by the municipality to defray the cost of the sewerage system and its appurtenances. Should the rates prove to be insufficient for such purpose, the State Treasurer may direct the municipality to increase the rates to the point at which the sewerage project becomes self-liquidating, and the municipality shall establish forthwith the rates prescribed by the State Treasurer.

�� (2) If the municipality does not have the ability to collect sewerage charges in connection with or as part of the charge for another service or utility that can be curtailed to secure collection, and if the State Treasurer so directs, delinquent assessments for sewerage charges shall be certified to the assessor of the county in which the municipality is located and shall be entered upon the tax rolls of the county and be collected and accounted for in the same manner in which city taxes are collected and accounted for. The charges shall constitute liens against the real property of the person against whom they are assessed.

�� (3) If required by the State Treasurer, the municipality shall obtain from the State Treasurer approval of the annual budgets and tax levies of the municipality, before they are certified to the clerk and assessor of the county in which the municipality is located, for extension upon the county tax rolls. [Amended by 1955 c.593 �5; 1991 c.459 �353a]

�� 224.410 Authority to appoint receiver and withhold moneys from state sources on default. If any municipality fails to meet, when due, any obligation sold to the state under authority of ORS 224.310 to 224.420, the State Treasurer, with the approval of the circuit court of the county in which the major portion of the assessed valuation of the municipality is located, may appoint a receiver to operate the system. The receiver shall act in the capacity of receiver so long as the circuit court deems receivership necessary to protect the interests of the state and of the municipality. In order to insure prompt payment of interest or principal of bonds acquired by the State Treasurer pursuant to ORS 224.380, the State Treasurer may withhold and apply to the payment of such obligations, any moneys which may accrue to the municipality from state sources. Moneys so withheld shall be repaid to the municipality when the funds with which to meet the obligations for the payment of which funds were withheld are paid by the municipality to the state. The right to withhold said moneys for the purpose provided in this section shall exist only so long as any of the sewage bonds of the municipality are owned by the state.

�� 224.420 Duty of local treasurer to keep funds separate and withhold bond payments; liability of treasurer. The treasurer of each municipality and of each sanitary district that finances the cost of a sewerage system or facilities under authority of ORS 224.310 to

ORS 226.130

226.130)]

�� 226.140 Organization of board; compensation. The commissioners shall organize at a meeting thereof, to be called by the mayor not less than 30 nor more than 60 days after appointment of the commissioners is complete. The mayor shall be chairperson of the board. Whenever a vacancy occurs in the board appointed under ORS 226.120, the proper judge or judges shall fill the vacancy. Commissioners shall not receive compensation for their services as such.

�� 226.150 Duties of secretary. The board shall appoint a secretary, who shall keep an accurate record of all proceedings of the board, including all rules and regulations adopted for government or use of the parks.

�� 226.160 Duties of treasurer. The city treasurer shall be treasurer of the board. The treasurer shall keep an accurate account of all moneys received and paid out on account of the board apart from all other accounts, and shall pay out no moneys on account of the board, except upon a warrant drawn upon the treasurer by the chairperson or acting chairperson, countersigned by the secretary or acting secretary, of the board.

�� 226.170 Publication of penalties. The rules and regulations of the board for violation of which penalties are fixed shall be made public, as the board determines.

�� 226.180 Meetings; requirements for business transactions. Regular meetings of the board shall be held on the first Tuesday of each month. Special meetings may be called by the chairperson upon application of three members of the board. No business shall be transacted at any meeting of the board without the presence of three or more of the commissioners. No land shall be purchased without concurrence of a majority of the board.

�� 226.190 Prohibition of member interest in board contracts. No commissioner shall be interested in any contract to which the board of which the commissioner is a member is a party or in which it is interested.

�� 226.200 [Repealed by 2023 c.173 �1]

�� 226.210 General powers of board; rules. (1) The board shall have full and exclusive control of all parks within or connected with its respective city. For that purpose it may:

�� (a) Lay out and improve such parks.

�� (b) Appoint all necessary engineers, surveyors and all other employees, including a police force to act in the parks and fix the amount of their compensation.

�� (c) Do all acts needful and proper for the protection, care or improvement of the parks.

�� (d) Make all necessary rules or regulations for the use or government of the parks.

�� (e) Affix penalties for breaches of the rules or regulations made under paragraph (d) of this subsection. These penalties shall not exceed $20 for any one offense and shall be collected as other fines and penalties are collected in the city where such offense is committed.

�� (f) Acquire title by purchase, gift, devise or otherwise, to any land it deems desirable for parks, the title to be taken in the name of the city.

�� (2) The board shall disburse all moneys appropriated, given, received or collected for the improvement or use of the parks.

�� (3) All contracts for the purchase of land for park purposes shall be made by the board.

�� (4) If the board, being desirous of acquiring any land for any park, cannot agree with the owner as to the amount to be paid therefor, the board may proceed in the circuit court of the county in which the land is situated, as provided in ORS 223.005 to 223.020 for the appropriation of such land for park purposes.

�� 226.220 Vote required for special tax levy. (1) If necessary, the board may provide for payment of land purchases under ORS

ORS 226.990

226.990�� Penalties

GENERAL PROVISIONS

�� 226.010 Control of municipal corporation over property outside boundaries. Every incorporated city or municipal corporation owning or controlling any lands without its boundaries may enact any police or penal ordinance necessary to protect the same or preserve the peace and order therein or regulate the use of such park, enforce the ordinance by penalties of fine or imprisonment and make arrests and serve process of courts therein or upon persons therein or thereon in like manner and with like effect as the same might be enacted or enforced within its corporate limits.

PARK COMMISSION IN CITIES OF 3,000 OR MORE

�� 226.110 Definitions for ORS 226.120 to 226.240. As used in ORS 226.120 to 226.240, unless the context requires otherwise:

�� (1) �Board� means board of city park commissioners.

�� (2) �City� means incorporated city containing not less than 3,000 inhabitants.

�� (3) �Commissioner� means city park commissioner. [Amended by 2005 c.22 �171]

�� 226.120 Composition and selection of board of park commissioners. The board of park commissioners of the city shall be composed of the mayor and city engineer, if there is one, and if not, the city auditor, together with five citizens thereof, to be appointed by the circuit court in which the city is located. If there is more than one circuit judge in the circuit in which the city is located, the appointment shall be made by all the judges acting together. Not more than three citizens so appointed to the board shall be of the same political party.

�� 226.130 [Repealed by 1983 c.350 �53 (226.131 enacted in lieu of 226.130)]

�� 226.131 Vote required for creation of park commission; conduct of election. The question whether ORS 226.110 to 226.240 shall take effect in a city shall be decided by election as provided in this section. The governing body may submit the question to the electors of the city at an election on a date specified in ORS 221.230. The election shall be conducted under ORS chapters 246 to 260. [1983 c.350 �54 (enacted in lieu of

ORS 227.215

227.215 or city legislation or regulation. �Permit� does not include:

�� (a) A limited land use decision as defined in ORS 197.015;

�� (d) An expedited land division, as described in ORS 197A.140. [1973 c.739 �6; 1975 c.767 �5; 1991 c.817 �8a; 1995 c.595 �13; 2015 c.260 �5; 2025 c.476 �43]

�� 227.165 Planning and zoning hearings officers; duties and powers. A city may appoint one or more planning and zoning hearings officers, to serve at the pleasure of the appointing authority. Such an officer shall conduct hearings on applications for such classes of permits and zone changes as the council designates. [1973 c.739 �7; 1975 c.767 �6]

�� 227.170 Hearing procedure; rules. (1) The city council shall prescribe one or more procedures for the conduct of hearings on permits and zone changes.

�� (2) The city council shall prescribe one or more rules stating that all decisions made by the council on permits and zone changes will be based on factual information, including adopted comprehensive plans and land use regulations. [1973 c.739 �8; 1975 c.767 �7; 1997 c.452 �3]

�� 227.172 Siting casino in incorporated city. (1) As used in this section:

�� (a) �Casino� means a facility in which casino games, as defined in ORS 167.117, are played for the purpose of gambling.

�� (b) �Tribal casino� means a facility used for:

�� (A) Class I gaming or class II gaming regulated by the Indian Gaming Regulatory Act of October 17, 1988 (25 U.S.C. 2701 et seq.);

�� (B) Class III gaming conducted under a tribal-state compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(8)); or

�� (C) Gaming conducted in accordance with the Indian Gaming Regulatory Act and federal regulations.

�� (2) A casino may not be sited on land in an incorporated city unless the electors of the city approve the development.

�� (3) Before a permit, as defined in ORS 227.160, can be approved authorizing a proposed development of land in an incorporated city as a site for a casino, the governing body of the city that contains the site shall submit the question of siting the casino to the electors of the city for approval or rejection.

�� (4) Subsections (2) and (3) of this section do not apply to a tribal casino. [2007 c.724 �2]

�� 227.173 Basis for decision on permit application; statement of reasons for approval or denial. (1) Approval or denial of a discretionary permit application must be based on standards and criteria that are set forth in the development ordinance and that relate approval or denial of a discretionary permit application to the development ordinance and the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the city as a whole.

�� (2) When an ordinance establishing approval standards is required under ORS 197A.400 to provide only clear and objective standards, the standards must be clear and objective on the face of the ordinance.

�� (3) Approval or denial of a permit application must be based upon and accompanied by a brief statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria, standards and facts set forth.

�� (4) Written notice of the approval or denial must be given to all parties to the proceeding. [1977 c.654 �5; 1979 c.772 �10b; 1991 c.817 �16; 1995 c.595 �29; 1997 c.844 �6; 1999 c.357 �3; 2025 c.476 �44]

�� 227.175 Application for permit or zone change; fees; consolidated procedure; hearing; approval criteria; decision without hearing. (1) When required or authorized by a city, an owner of land may apply in writing to the hearings officer, or such other person as the city council designates, for a permit or zone change, upon such forms and in such a manner as the city council prescribes. The governing body shall establish fees charged for processing permits at an amount no more than the actual or average cost of providing that service.

�� (2) The governing body of the city shall establish a consolidated procedure by which an applicant may apply at one time for all permits or zone changes needed for a development project. The consolidated procedure is subject to the time limitations set out in ORS 227.178. The consolidated procedure shall be available for use at the option of the applicant no later than the time of the first periodic review of the comprehensive plan and land use regulations.

�� (3) Except as provided in subsection (10) of this section, the hearings officer shall hold at least one public hearing on the application.

�� (4)(a) A city may not approve an application unless the proposed development of land would be in compliance with the comprehensive plan for the city and other applicable land use regulation or ordinance provisions, including an ordinance described in 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 246.520

246.520 to 246.600 apply to elections where voting machines or vote tally systems are used. Any provision of law or of any county or city charter or ordinance which conflicts with the use of voting machines or vote tally systems as provided in ORS 246.520 to 246.600 does not apply to elections in which voting machines or vote tally systems are used. [Formerly 258.025]

�� 246.530 Adoption, purchase or procurement of equipment; use thereafter. A governing body may adopt, purchase or otherwise procure, and provide for the use of, any voting machine or vote tally system approved by the Secretary of State in all or a portion of the precincts. Thereafter the voting machine or vote tally system may be used for voting at all elections for public and party offices and on all measures, and for receiving, registering and counting the votes in the precincts as the governing body directs. [Formerly 258.045]

�� 246.540 Joint purchase, maintenance and use. (1) In purchasing voting machines or vote tally systems, a governing body of any county and the governing bodies of any incorporated cities, districts or other municipalities in the county, may provide for the joint purchase and subsequent ownership of voting machines or vote tally systems and for the care, maintenance and use of the machines or systems.

�� (2) The governing body of two or more counties may provide for the joint use of voting machines or vote tally systems. [Formerly 258.105]

�� 246.550 Examination and approval of equipment by Secretary of State. (1) The Secretary of State shall publicly examine all makes of voting machines or vote tally systems submitted to the secretary and determine whether the machines or systems comply with the requirements of ORS 246.560, and can safely be used by electors.

�� (2) Any person owning or interested in a voting machine or vote tally system may submit it to the secretary for examination. For the purpose of assistance in examining the machine or system the secretary may employ not more than three individuals who are expert in one or more of the fields of data processing, mechanical engineering and public administration. The compensation of these assistants shall be paid by the person submitting the machine or system.

�� (3) Not later than the 30th day after completing the examination, the secretary shall approve or reject the voting machine or vote tally system. If the secretary approves the machine or system, the secretary shall make a report on the machine or system, together with a written or printed description, drawings and photographs clearly identifying the machine or system and its operation. Upon request, the secretary shall send a copy of the report to any governing body within the state.

�� (4) Any voting machine or vote tally system approved by the secretary may be used for conducting elections. A machine or system rejected by the secretary may not be used at any election. If a machine or system is changed after the machine or system has been approved by the secretary, the secretary is not required to reexamine or reapprove the machine or system if the secretary determines that the change does not impair the accuracy, efficiency or capacity of the machine or system.

�� (5) If, after consulting with county clerks, the secretary determines that a voting machine or vote tally system approved by the secretary does not comply with the requirements of ORS 246.560, the secretary may revoke the approval. If the secretary revokes approval, the machine or system may not be used in any election. [Formerly 258.155; 2005 c.731 �2; 2005 c.797 �65]

�� 246.560 Requirements for approval of equipment. (1) A voting machine may not be approved by the Secretary of State unless the voting machine is constructed so that it:

�� (a) Secures to the elector secrecy of voting.

�� (b) Provides facilities for voting for the candidates of as many political parties or organizations as may make nominations and for or against as many measures as may be submitted.

�� (c) Permits the elector to vote for any person and as many persons for an office and upon any measure for which the elector has the right to vote.

�� (d) Permits the elector, except at a primary election, to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties.

�� (e) Correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure.

�� (f) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting machine or vote tally system except for President and Vice President and electors for those offices.

�� (g) Provides that straight party pointers shall be disconnected from all candidate pointers.

�� (h) Contains a device that will duplicate the votes cast by each elector onto a paper record copy.

�� (i) Contains a device that will allow each elector to view the elector�s paper record copy while preventing the elector from directly handling the paper record copy.

�� (2) A vote tally system shall be:

�� (a) Capable of correctly counting votes on ballots on which the proper number of votes have been marked for any office or measure that has been voted.

�� (b) Capable of ignoring the votes marked for any office or measure if more than the allowable number of votes have been marked, but shall correctly count the properly voted portions of the ballot.

�� (c) Capable of accumulating a count of the specific number of ballots tallied for a precinct, accumulating total votes by candidate for each office, and accumulating total votes for and against each measure of the ballots tallied for a precinct.

�� (d) Capable of tallying votes from ballots of different political parties, from the same precinct, in a primary election.

�� (e) Capable of accommodating the procedure established under ORS 254.155.

�� (f) Capable of automatically producing precinct totals in either printed, marked, or punched form, or combinations thereof. [Formerly 258.165; 1987 c.267 �6; 1993 c.713 �47; 1995 c.712 �6; 1999 c.999 �31; 2005 c.731 �3; 2005 c.797 �66]

�� 246.565 Audit of computerized voting system by Secretary of State; copy of instructions for operation and maintenance; maintenance log. (1) Any voting machine or vote tally system involving the use of computers, a computer network, computer program, computer software or computer system shall be subject to audit by the Secretary of State at any time for the purpose of checking the accuracy of the voting machine or vote tally system.

�� (2) The county clerk shall obtain a copy of the written instructions for the operation and maintenance of any component of a vote tally system described in subsection (1) of this section. The clerk shall obtain the copy from the manufacturer or vendor of any component and shall retain the copy.

�� (3) The county clerk shall keep a log of all maintenance performed on any component of a vote tally system after the component is purchased and installed. The county clerk shall distinguish maintenance performed during the period that occurs after the preparatory test conducted under ORS 254.235 (1) and before the public certification test conducted under ORS 254.525.

�� (4) As used in this section:

�� (a) �Computer� means, but is not limited to, an electronic device that performs logical, arithmetic or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

�� (b) �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.

�� (c) �Computer program� means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, that permits the functioning of a computer system in a manner designed to provide appropriate products from the computer system.

�� (d) �Computer software� means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

�� (e) �Computer system� means, but is not limited to, a set of related, connected or unconnected computer equipment, devices and software. [1989 c.959 �2; 2001 c.965 �25; 2007 c.71 �77]

�� 246.570 Sale of vote recording systems to counties; security interest. (1) The Secretary of State may enter into an agreement, for a term of not more than five years, with any county within the state for the sale to the county of approved voting machines or vote tally systems or computers or computer systems described in ORS

ORS 250.265

250.265 to 250.346 inapplicable to a city, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under the city charter or an ordinance adopted under the city charter.

�� (5) An election under this section shall be held on a date specified in ORS 221.230. The election shall be conducted under ORS chapters 246 to 260. [1983 c.350 �251 (enacted in lieu of 381.610)]

�� 381.615 Majority vote required. The council may issue and sell bonds for the purpose mentioned in ORS 381.605 only upon the approval of a majority of those voting on the question. [Amended by 1983 c.350 �252]

�� 381.620 [Repealed by 1983 c.350 �331a]

�� 381.625 [Repealed by 1983 c.350 �331a]

�� 381.630 [Repealed by 1983 c.350 �331a]

�� 381.635 Duties and powers of council. If the electors of the city approve the issuance of bonds, the council shall arrange to issue and sell the bonds. The council may arrange and provide the form, terms and sale of the bonds, consistent with ORS 381.605 to 381.670. [Amended by 1983 c.350 �253]

�� 381.640 Terms and conditions of bonds. (1) The bonds mentioned in ORS 381.605 shall:

�� (a) Be in denominations of $100 or more, but not exceeding $1,000.

�� (b) Run not to exceed 30 years from the end of the respective issues thereof.

�� (c) Bear interest at a rate not to exceed six percent per year, payable on January 1 and July 1.

�� (d) Have interest coupons attached to them, one coupon for each interest payment that will be made.

�� (2) The bonds and interest coupons shall:

�� (a) Be lithographed or printed on good bond paper.

�� (b) Be made payable to bearer, in any coin or currency which, at the time of payment, is legal tender for the payment of public and private debts within the United States.

�� (c) Be paid by the city treasurer upon presentation at the office of the city treasurer or at the fiscal agency of the state in New York City, upon the date of payment named thereon.

�� (d) Be signed by the mayor and city recorder. The interest coupons shall bear the printed facsimile signatures of the mayor and city recorder.

�� (e) Be sealed with the seal of the council.

�� (f) Bear the certificate of the city treasurer, over the signature of the city treasurer, that they have been registered in the office of the city treasurer, naming the date of registry.

�� 381.645 Registering bonds. The city treasurer shall keep a register of all the bonds issued or sold under ORS 381.605 to 381.670, noting therein the number of bonds, amount, date of issuance, date of sale and such facts as in the judgment of the city treasurer serve to keep an accurate record of the bonds so issued and sold.

�� 381.650 Bond advertisement and sale. (1) The bonds shall be advertised and sold to the highest bidder for cash.

�� (2) The council shall advertise in one newspaper, if there is one, in the county in which the municipality is located, in one leading newspaper in Portland, Oregon, and in one leading financial newspaper in New York City for two weeks before any sale of bonds, the fact of the sale, inviting bids for the bonds and stating such facts as will interest prospective purchasers. For example, the date and place of sale, the terms of sale, the character of the bonds, the amount of interest and denomination of the bonds, the fact that all bids must be accompanied by a certified check for five percent of the amount of the payment, that any and all bids may be rejected, that the bonds may be sold for cash only and to the highest bidder and such other facts as may in the judgment of the council procure the most advantageous sale of the bonds may be stated.

�� (3) All bids to purchase bonds must be sealed and accompanied by a certified check for five percent of the amount of the bid. The council may reject any and all bids.

�� 381.655 Custody and disbursement of bond proceeds. The proceeds of all the bonds sold under ORS 381.605 to 381.670 shall be paid into the city treasury and shall go into a special bridge fund. Such proceeds shall be disbursed for the purposes for which the bonds are issued.

�� 381.660 Use of tolls to pay bonded indebtedness and bridge maintenance. (1) Tolls shall be fixed, charged and collected for passage over the bridge mentioned in ORS 381.605, and shall be so fixed and adjusted as to provide a fund sufficient to pay the principal and interest of the bonds issued for such bridge and an additional fund to pay the cost of maintaining, repairing and operating such bridge.

�� (2) The tolls, except such part thereof as may be necessary to pay the cost of maintaining, repairing and operating the bridge, shall be placed in a special fund, which is pledged to and charged with the payment of the bonds and the interest thereon.

�� 381.665 Tax for bridge expense not paid by tolls. Should the tolls and revenues procured for the use of the bridge be insufficient to pay the cost of maintaining, repairing and operating the bridge and the interest and principal upon bonded indebtedness as it accrues, the city council may each year levy and collect taxes upon all property, real and personal, situated within the boundaries of the municipality and which is by law taxable for state and other purposes, sufficient to provide for such deficit, subject, however, to charter provisions and the provisions of the Oregon Constitution with respect to debt limitations.

�� 381.670 Plans for bridge construction; bids; awarding contract. (1) The council shall cause to be prepared surveys, plans, specifications and estimates for the materials to be used and the manner and method of construction of any bridge constructed under ORS 381.605 to 381.670.

�� (2) The council shall invite bids for the construction of any such bridge in conformity with the plans and specifications.

�� (3) The council shall award the contract to the lowest and best responsible bidder, but any and all bids may be rejected if it appears to the best interests of the general public. [Amended by 1971 c.659 �5]

INTERSTATE BRIDGES CROSSING COLUMBIA RIVER UNDER JURISDICTION OF BISTATE COMMISSION

�� 381.700 Findings. The Legislative Assembly finds and declares that:

�� (1) Interstate toll bridges owned by local governments provide critical links for the transport of workers, services, tourism and emergency response between the State of Oregon and the State of Washington, and for Oregon businesses to transport local agricultural products, forest products, rock, gravel and manufactured products within the region and to national markets.

�� (2) Existing interstate toll bridges owned by local governments are becoming functionally obsolete, weight-restricted, seismically deficient and hazardous for marine freight, and need to be replaced.

�� (3) Replacement of aging interstate toll bridges by local governments is extremely challenging, and the local governments that own or are served by the bridges require additional means to address the problem. For some bistate regions, the successful replacement and subsequent operation of interstate toll bridges is best accomplished by an independent bistate governmental authority, chartered by local governments, with sufficient powers to efficiently and equitably develop, operate, maintain, toll and finance a replacement bridge. [2022 c.7 �1]

�� 381.702 Definitions. As used in ORS 381.702 to 381.755, unless the context requires otherwise:

�� (1) �Board� means the board of directors of a commission.

�� (2) �Bridge� means an interstate toll bridge, including any approaches, that replaces an existing bridge crossing the Columbia River between the State of Oregon and the State of Washington.

�� (3) �Bridge finance plan� means a plan adopted by a board to finance the design, construction, operation, maintenance, administration and governance of a bridge replacement project.

�� (4) �Bridge replacement project� means a project undertaken by a commission to replace an existing bridge, including but not limited to any approaches, buildings, structures, facilities, equipment, improvements, tolling systems and software and appurtenances necessary or incidental to the new bridge.

�� (5) �Commission� means a public corporation formed under ORS 381.705 with the powers described in ORS 381.712.

�� (6) �Commission formation agreement� means a bistate agreement among local governments to form a commission.

�� (7) �Construction� or �construct� means activities, materials and services necessary or incidental to the design and construction of a bridge replacement project, including but not limited to engineering, permitting, property acquisition, procurement, installation of equipment, site work, utility relocation, inspection, start-up, landscaping, hard construction, environmental mitigation, demolition and removal of an existing bridge and associated accounting, legal, administrative, project management and governance activities.

�� (8) �Debt instrument� means a contractual undertaking, financing agreement or other instrument entered into or issued by a commission to evidence an obligation to repay or guaranty repayment of borrowed moneys, including but not limited to bonds, refunding bonds, notes, loans, interim financing, anticipation notes, certificates, credit enhancement devices or other debt obligations.

�� (9) �Departments of transportation� means the Oregon Department of Transportation and the Washington State Department of Transportation.

�� (10) �Director� means a duly appointed member of the board or, when acting in the absence of a director, a duly appointed alternate member of the board.

�� (11) �Existing bridge� means an existing interstate toll bridge crossing the Columbia River between the State of Oregon and the State of Washington.

�� (12) �Local government� has the meaning given that term in ORS 174.116 and includes local governments in the State of Washington.

�� (13) �Operate,� �operation� or �operations� means the activities necessary or incidental to the operation, tolling, maintenance, repair, rehabilitation, renewal or replacement of a bridge, and the associated financial, legal, administrative, management and governance activities.

�� (14) �Other charges� means administrative and other fees, civil penalties and other amounts established by the commission for use of a bridge.

�� (15) �Primary place of business� means the state and county within which the principal headquarters office of a commission is established in a commission formation agreement, notwithstanding a subsequent relocation of the principal headquarters office of the commission.

�� (16) �Public corporation� means a corporation created under ORS 381.705 to perform essential governmental functions for the public purposes described in ORS 381.705 that, when issuing bonds or other debt instruments, acts on behalf of the local governments as a constituted authority, within the meaning of regulations adopted by the United States Department of the Treasury and rulings of the Internal Revenue Service under section 103 of the Internal Revenue Code.

�� (17) �State� means the State of Oregon or the State of Washington. [2022 c.7 �2]

�� 381.705 Creation and purposes. (1) Upon enactment by the State of Washington of legislation having the same material effect as ORS 381.702 to 381.755, local governments may enter into a commission formation agreement to form and charter a commission under this section. The commission is a public corporation formed under the laws of the State of Oregon and the State of Washington, vested with the powers and duties granted by ORS 381.702 to 381.755. The commission shall perform an essential governmental function and exercise the commission�s powers for the public purposes described in this section.

�� (2) Local governments by resolution may enter into a commission formation agreement, consistent with the requirements of ORS 381.702 to 381.755, to charter and form a commission. A commission formation agreement at a minimum must be approved and executed by the owner of an existing bridge and by the governing bodies of the counties within which an existing bridge is situated. A commission formation agreement may be adopted by local governments in phases, provided that all required elements of a commission formation agreement be adopted before a board may authorize the issuance of toll revenue bonds. A commission formation agreement must specify:

�� (a) A name for the commission;

�� (b) The date on which the powers granted to the commission by ORS 381.702 to 381.755 become effective;

�� (c) The primary place of business for the purpose of establishing the applicable laws described in ORS 381.745;

�� (d) The composition and appointment process for members of the board as described in ORS 381.710 (1) and (2);

�� (e) The terms of office and any rules, responsibilities and requirements that apply to the offices of chair and cochair as described in ORS 381.710 (4);

�� (f) The requirements for formal actions of the board as described in ORS 381.710 (5); and

�� (g) Any other provisions adopted by a local government, provided that the provisions comply with the applicable laws under ORS 381.745 and do not impair or adversely affect the powers of the commission under ORS 381.702 to 381.755.

�� (3) A commission formation agreement may allow for a board to amend the provisions of the commission formation agreement pursuant to subsection (2)(d) to (g) of this section and ORS 381.710 (5), and may establish conditions for an amendment.

�� (4) The purposes of a commission are to:

�� (a) Design, engineer, develop, finance, refinance, install, equip and construct a bridge to replace and remove an existing bridge;

�� (b) Act as a cooperative bistate governance structure to develop, own or control, fix and adjust tolls and regulate the use of a bridge;

�� (c) Oversee the efficient operation, maintenance, administration, rehabilitation and renewal of a bridge; and

�� (d) Perform other duties and exercise other powers as may be conferred upon the commission by law. [2022 c.7 �3]

�� 381.710 Governance; rules. (1) A commission shall be governed by a board of directors. A commission formation agreement must specify the number of voting directors and nonvoting directors, if any, appointed by local governments from each state and by governmental entities that are not local governments, if any, and shall establish procedures for the nomination and appointment of the directors, which may differ by state.

�� (2) Each nominating authority shall nominate and each appointing authority shall appoint an alternate director for each director it nominates or appoints. The alternate director may act only in the absence of the director for whom the alternate is appointed.

�� (3) Directors shall serve without compensation, but may be reimbursed for reasonable expenses incurred as an incident to the performance of their duties. Directors shall serve at the pleasure of the appointing authority and may be removed or suspended from office by the appointing authority with or without cause. The commission formation agreement must specify the initial term of office of each director to ensure that subsequent appointments by appointing authorities from each state are reasonably and similarly staggered. Except for the initial appointment of directors, the term of office of a director shall be four years.

�� (4) The board shall elect two cochairs from among the directors of the board. One cochair must reside in the State of Oregon and the other cochair must reside in the State of Washington. The cochairs shall serve as first cochair and second cochair, with the first cochair responsible for presiding at the commission meetings. The board shall specify which cochair will serve in which position within one year from the date of formation of the commission, after which time the two positions must alternate on an annual basis. The commission formation agreement must establish the terms of office of the cochairs and may establish other requirements for the office of cochair as requested by the local governments.

�� (5) Formal actions of the board must be taken by ordinance or resolution duly approved at any regular or special meeting of the board. An action of the board is not effective unless there is a quorum present and a majority of the directors present assent to the action. A commission formation agreement must establish the requirements for a quorum and may establish other requirements for formal actions of the board as requested by the local governments.

�� (6) Unless otherwise provided in an ordinance or resolution adopted by a board, a board has the exclusive right to exercise the powers granted by ORS 381.702 to

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 263.300

263.300�� Liberal construction of statutes

�� 263.010 [Repealed by 1957 c.38 �1]

�� 263.020 [Repealed by 1957 c.38 �1]

�� 263.030 [Repealed by 1957 c.38 �1]

�� 263.040 [Repealed by 1957 c.38 �1]

�� 263.050 [Repealed by 1957 c.38 �1]

�� 263.060 [Repealed by 1957 c.38 �1]

�� 263.070 [Repealed by 1957 c.38 �1]

�� 263.080 [Repealed by 1957 c.38 �1]

�� 263.090 [Repealed by 1957 c.38 �1]

�� 263.100 [Repealed by 1957 c.38 �1]

�� 263.110 [Repealed by 1957 c.38 �1]

�� 263.120 [Repealed by 1957 c.38 �1]

�� 263.130 [Repealed by 1957 c.38 �1]

�� 263.210 Creation of sports and convention facilities commission by ballot measure. (1) The governing body of a county may submit to a vote by the electors of that county a proposition for the creation of a sports and convention facilities commission.

�� (2) The ballot measure shall specify:

�� (a) The name of the commission, which shall be �The Multi-Event and Convention Facilities Commission of _____ County, Oregon� or other similar distinctive name.

�� (b) The number of commissioners, which shall be nine.

�� (3) Upon the approval by the voters of such a ballot measure in a county-wide election, the commission shall be deemed established as a municipal corporation of this state and as a body corporate and politic exercising public powers. [1985 c.654 �1; subsections (2) and (3) formerly 263.220]

�� 263.220 [1985 c.654 �2; renumbered 263.210 (2) and (3) in 2005]

�� 263.230 Commission board of directors; meetings; vacancies; employees and agents. (1) The commission shall be managed and controlled by a board of directors consisting of all nine commissioners, who shall be appointed by the governing body of a county. The governing body of a county shall appoint commissioners so as to assure fair representation of the various geographic areas of the county by the board of directors. The directors may be removed for cause or at the will of the governing body of a county.

�� (2) Immediately after January 15 of each year, the board shall hold its annual meeting. It shall elect one of the members president, another vice president, another treasurer and another secretary to perform the duties of those respective offices. The officers serve from the date of their election until their successors are elected and qualified.

�� (3) The board of directors shall adopt and may amend rules for calling and conducting its meetings and carrying out its business and may adopt an official seal. All decisions of the board shall be by motion or resolution and shall be recorded in the board�s minute book which shall be a public record. A majority of the board shall constitute a quorum for the transaction of business and a majority of the board shall be sufficient for the passage of any such motion or resolution.

�� (4) If a vacancy occurs on the board, the governing body of the county shall appoint a new member, who shall serve for the remainder of the vacated term.

�� (5) The board may employ such employees and agents as it deems appropriate and provide for their compensation. [1985 c.654 �3]

�� 263.240 General powers of commission. A commission shall have all powers necessary to accomplish the purpose of providing sports and convention facilities for the people of Oregon including, without limitation, the power:

�� (1) To sue and be sued in its own name.

�� (2) To acquire by purchase, construction, exchange, gift, lease, lease-purchase, or otherwise, and to improve, extend, maintain, manage, operate, equip and furnish sports and convention facilities located within the corporate limits of the county in which the commission is created.

�� (3) To lease such sports and convention facilities to any private corporations which are operating or propose to operate a sports and convention facility upon such terms and conditions as the board of directors deems appropriate, to charge and collect rents and to terminate any such lease upon default of the lessee.

�� (4) To enter into options and agreements for the renewal or extension of such leases of such sports and convention facilities or for the conveyance of such sports and convention facilities.

�� (5) To lease, license or enter into agreements relating to the use of such sports and convention facilities and may fix, alter, charge and collect rentals, fees and charges for the use, occupancy and availability of all or a part of such sports and convention facilities.

�� (6) To sell, exchange, donate and convey any or all of its sports and convention facilities or other assets.

�� (7) To mortgage and pledge its assets, or any portion thereof, whether then owned or thereafter acquired, to pledge the revenues and receipts from such assets, to acquire, hold and dispose of mortgages and other similar documents relating to sports and convention facilities, and to arrange and provide for guaranty and other security agreements therefor.

�� (8) To enter into contracts, leases and other undertakings in its own name.

�� (9) To adopt and amend resolutions. [1985 c.654 �4]

�� 263.250 Power to lease or contract for use of facilities; use of revenues to pay bonds. In addition to the powers granted under ORS 263.240, the commission shall also have the power to lease to any municipality or person, or to contract for the use or operation by any municipality or person, of all or any part of the facilities authorized by this chapter, including but not limited to parking facilities, concession facilities of all kinds and any property or property rights appurtenant to such facilities for such period and under such terms and conditions and upon such rental, fees and charges as the commission may determine, and may pledge all or any portion of such rentals, fees and charges and all other revenue derived from the ownership or operation of such facilities to pay and secure the payment of general obligation bonds or revenue bonds issued for authorized purposes. [1985 c.654 �5]

�� 263.260 Authority to issue revenue and general obligation bonds. (1) For the purpose of providing sports and convention facilities for the people of Oregon and to exercise the powers granted by ORS 263.240 (2), the commission may issue revenue and bond anticipation notes or their equivalent, revenue bonds and general obligation bonds within the limitation now or hereafter prescribed by the laws of this state. Such notes and bonds shall be authorized, executed, issued and made payable in accordance with the applicable laws of this state. The commission may issue and sell such notes and bonds only when authorized to do so by a majority of the electors voting at a county-wide election other than the election at which the commission is established.

�� (2) The commission may provide that such bonds mature not more than 40 years from date of their issue and may provide that such bonds also be made payable from any otherwise unpledged revenues which may be derived from the ownership or operation of any sports and convention facilities. The commission shall also have the power to advance refund bonds issued hereunder in accordance with the laws of Oregon.

�� (3) The commission may include in the principal amount of any bonds issued to finance a sports and convention facility an amount for engineering, architectural, planning, financial, legal and other services and charges incident to the acquisition or construction of sports and convention facilities, an amount to establish necessary reserves and an amount necessary for interest during the period of construction of any facilities to be financed from the proceeds of such issue plus six months. [1985 c.654 �6]

�� 263.270 Fund to pay principal and interest on bonds; pledge of revenues. (1) When a commission issues revenue bonds under this chapter, the resolution authorizing the issuance of the revenue bonds shall create a special fund for the sole purpose of paying the principal of and interest on the bonds of each such issue, into which fund board of directors may obligate the commission to pay all or part of such amounts of the gross revenue of all or any part of the sports and convention facilities constructed, acquired, improved, added to, repaired or replaced pursuant to this chapter, or other designated revenues, as the board of directors of the commission shall determine.

�� (2) The principal of and interest on such bonds shall be payable only out of such special fund or funds and the owners of such bonds shall have a lien and charge against the gross revenue pledged to such fund or funds. [1985 c.654 �7]

�� 263.280 Annual budget; approval by county. The commission shall prepare a budget for each fiscal year covering the projected operating expenses of the commission and its sports and convention facilities and the estimated income to pay the operating expenses. It shall submit the budget for review and approval or rejection to the governing body of the county in which the commission was created. The commission may make expenditures only as provided in the budget as approved, unless additional expenditures are approved by the governing body of the county. Payments to users of any sports and convention facility that constitute a contractual share of box office receipts are neither an operating expense nor an expenditure within the meaning of this section. [1985 c.654 �8]

�� 263.290 [1985 c.654 �9; repealed by 2013 c.193 �1]

�� 263.300 Liberal construction of statutes. The provisions of this chapter shall be liberally construed to effect its purposes. [1985 c.654 �10]

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.

�� 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.

�� (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.

�� (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.

�� 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.

�� 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.

�� 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 264.410

264.410; 1971 c.647 �40; 1973 c.796 �20; 1975 c.647 �23; renumbered 264.190]

�� 264.417 Position numbers for commissioners; certification of position number. (1) Each office of commissioner shall be designated by number as Position No. 1, Position No. 2 and so forth.

�� (2) The secretary of a district shall assign a position number to each office on the board. The number so assigned shall be certified by the secretary to the commissioner in office holding that position. A copy of the certification shall be filed with the district elections officer. [1977 c.301 �2; 1983 c.350 �103]

�� 264.420 Calling of special elections. The board of commissioners at any regular meeting may call a special election of the electors of the district. [Amended by 1969 c.666 �31; 1971 c.647 �41]

�� 264.430 Proceedings of board; election of officers; employment of personnel. (1) The board of commissioners shall hold meetings at such time and place within the district as it may determine. The board shall hold at least one regular meeting in each month on a day to be fixed by it, and may hold special meetings under such rules as it may make.

�� (2) The board shall, at the time of its organization, choose from the commissioners a president, a secretary and a treasurer, who shall hold their offices until the first regular meeting in January, or until their successors are elected and qualified. The officers shall have, respectively, the powers and shall perform the duties usual in such cases. A majority shall constitute a quorum to do business and, in the absence of the president, any other member may preside at a meeting.

�� (3) The board of commissioners may employ engineers, superintendents, mechanics, clerks or other persons as it may find requisite, necessary or convenient in carrying on any work of the district and at a rate of remuneration as it may consider just.

�� (4) The board may provide life insurance and retirement or pension plans for employees of a district, if the insurer issuing the policy is licensed to do business in the State of Oregon. [Amended by 1965 c.307 �1; 1969 c.344 �4; 1969 c.345 �4; 1969 c.666 ��32,66; 1971 c.403 �3]

�� 264.440 [Repealed by 1969 c.666 �70]

�� 264.450 [Amended by 1969 c.666 �33; repealed by 1969 c.666 �68 and by 1969 c.669 �21]

�� 264.455 [1961 c.564 �2; amended by 1969 c.666 �57; repealed by 1969 c.325 �4 and by 1969 c.666 �67]

�� 264.460 [Amended by 1969 c.666 �58; 1975 c.647 �24; repealed by 1983 c.350 �331a]

�� 264.470 Deposit and withdrawal of moneys; annual reports; records. (1) The money of a district shall be deposited in one or more qualified depositories, as defined in ORS 295.001, to be designated by the board of commissioners. The money shall be withdrawn or paid out only when previously ordered by vote of the board, and upon checks signed by the treasurer or such other person as may be authorized by resolution of the board. Receipts or vouchers, showing clearly the nature and items covered by each check drawn, shall be kept on file.

�� (2) All the proceedings of the board of commissioners shall be entered at large in a record book. All books, maps, plans, documents, correspondence, vouchers, reports and other papers and records pertaining to the business of the district shall be carefully preserved and shall be open to inspection as public records. [Amended by 1969 c.666 �34; 1969 c.694 �6; 1971 c.36 �3; 2001 c.215 �4; 2019 c.587 �35]

�� 264.480 Board of commissioners after merger or consolidation; duties; terms; filing boundary change with county assessor and Department of Revenue. (1) Notwithstanding ORS 198.910 and 198.915, when, at an election on consolidation or merger, a majority of the votes cast in each affected district is in favor of merger or consolidation or when merger or consolidation of districts is approved by a final order of a local government boundary commission, if all but one of the affected districts together contain fewer than 20 percent of the electors or owners of land within the successor or surviving district, the district board of the district containing the largest number of electors or owners of land shall serve as the district board of the surviving or successor district. The terms of office of members of the district board of the surviving or successor district chosen under this subsection shall not be affected by the merger or consolidation.

�� (2) The board selected under subsection (1) of this section or ORS 198.912 shall immediately meet as required by ORS 198.910, organize as provided by this chapter and, by resolution, declare the districts merged or consolidated. In areas outside the jurisdiction of a local government boundary commission, the merger or consolidation is complete from the date of adoption of the resolution. Within the jurisdiction of a local government boundary commission, the merger or consolidation takes effect as provided in ORS 199.480 (1)(c).

�� (3) 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 267.510

267.510 to 267.650 provide to the contrary, the powers of the district shall be vested in the governing body of the district.

�� (3) A transportation district formed under ORS 267.510 to 267.650 shall be considered a district for all purposes in ORS chapter 198. [1974 c.9 �8; 1975 c.737 �5; 1983 c.350 �126; 2003 c.802 �95]

�� 267.560 General powers. A transportation district may provide public transportation and terminal facilities for public transportation including local aspects thereof transferred to the district by one or more other public bodies as defined in ORS 174.109, through agreements in accordance with ORS 267.510 to 267.650. [1974 c.9 �9; 2003 c.802 �96]

�� 267.570 Powers relating to public transportation. (1) For purposes of public transportation, a district may:

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

�� (d) Fix and collect charges for the use of the system.

�� (e) Construct, acquire, maintain and operate passenger terminal facilities and motor vehicle parking facilities in connection with the system within or outside the district.

�� (g) 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 267.510 to 267.650.

�� (2) A district shall be entitled to tax refunds under ORS 319.831, as if the district were a city. [1974 c.9 �10; 1979 c.344 �2]

�� 267.575 Preparation of public transit system plan; contents; revision. (1) A district shall, within a reasonable time after formation, prepare a broad, general plan for a public transit system for the district. The plan shall be prepared in cooperation with the Department of Transportation and cities and counties located within and adjacent to the district.

�� (2) The plan shall show existing and proposed transit systems of the district and of other public and private agencies relating to public transit. It shall demonstrate a basis for the coordination and planning of future construction, improvement and equipment acquisition of the district, governmental agencies and private interests to assure maximum efficiency and use of public transit in the district. The plans shall be based on the needs of the district and take into consideration the plans and programs, if any, developed by the Department of Transportation and cities and counties located within and adjacent to the district. The district may have access to all information, statistics, plans and data in the possession of or available to any state agency or public corporation which is pertinent to the preparation of the plan and may reimburse the agency or corporation for any expense incurred in cooperating with the board.

�� (3) The district board shall revise the plan as necessary for the proper control, utilization, development and improvement of the district transit system. [1975 c.737 �3]

�� 267.580 Employees. The governing body of a district may employ whatever administrative, clerical, technical and other assistance is necessary for the proper functioning of the district, on whatever terms the governing body considers in the best interests of the district. [1974 c.9 �7]

�� 267.590 Interagency agreements. A district may contract with any public or private agency for the agency to operate any facility or perform any function that the district is authorized to operate or perform. By contract the district may assume any function of any public corporation, city or county in the district that the district has power to assume under ORS 267.510 to 267.650. [1974 c.9 �11]

�� 267.600 [1974 c.9 �3; repealed by 1983 c.350 �331a]

�� 267.610 [1974 c.9 �2; repealed by 2015 c.283 �2]

�� 267.612 Acquisition of district lands by adverse possession or operation of statute of limitations prohibited. The rights of a transportation district to lands owned by the district are not extinguished by adverse possession. A person may not acquire title or property rights to lands owned by the district through operation of a statute of limitations. [2009 c.307 �2]

�� Note: 267.612 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.

(Finances)

�� 267.615 Financing methods. (1) For the purpose of performing any of the powers conferred by ORS 267.510 to

ORS 275.310

275.310 and a portion of the proceeds arising under ORS 275.294 are applied as provided in subsections (1) and (2) of this section, the balance of the proceeds arising under ORS 275.090 to 275.290 and 275.296 to 275.310 and the balance of the proceeds arising under ORS 275.294, including the payments for land sold under contract pursuant to ORS 275.190 or 275.200, must be distributed by the county treasurer as follows:

�� (A) First, to a municipal corporation that has filed a notice, in accordance with ORS 275.130, relating to a local improvement lien against the property from which the sale proceeds are derived. The amount of the distribution to each municipal corporation must be in the principal amount of the lien, plus the interest and any penalties that accrued to the date of sale of the property.

�� (B) Second, to governmental units in accordance with the formula provided in ORS 311.390 for the distribution of tax collections. The amount distributed to governmental units must be the amount remaining after the distribution, if any, under subparagraph (A) of this paragraph.

�� (b) Notwithstanding ORS 294.080, as used in this subsection, �balance of the proceeds� includes all accumulated interest earned on the proceeds arising under ORS 275.294 that are segregated pursuant to subsection (2)(b) of this section, unless a court of competent jurisdiction rules otherwise.

�� (4) Distribution of moneys under subsections (2) and (3) of this section must be made on or before June 30 in each year.

�� (5) The county treasurer or auditor shall verify the costs and expenses to be reimbursed under subsection (2) of this section.

�� (6) The county treasurer shall distribute reimbursements under subsection (2) of this section in accordance with an order of the governing body of the county.

�� (7) Notwithstanding subsection (1) of this section, a county with a population of 650,000 or more may convey real property acquired by foreclosure of delinquent tax liens or by exchange for land originally acquired by foreclosure of delinquent tax liens as provided in ORS 271.330. [1963 c.606 �5; 1969 c.595 �11; 1982 s.s.1 c.19 �1; 1983 c.537 �5; 1985 c.707 �1; 1989 c.833 �78; 1993 c.613 �1; 1997 c.805 �5; 2005 c.243 �9; 2015 c.242 �1; 2017 c.315 �2; 2019 c.443 �1; 2023 c.614 �1]

�� 275.280 [Repealed by 1969 c.595 �17]

�� 275.285 [1963 c.606 �6; repealed by 1969 c.595 �17]

�� 275.290 Sale or lease of timber on county lands. (1) In any instrument of conveyance or agreement for conveyance of timber upon lands acquired by any county by foreclosure of delinquent tax liens or otherwise under ORS 275.090 to 275.220, the governing body of the county may provide such conditions and regulations of cutting and slash disposal as may be deemed to be for the best interests of the county, which conditions and regulations shall be in addition to the provisions of the state forest fire law.

�� (2) Any purchaser of such timber may be required to give a bond or undertaking in favor of the county conditioned upon the compliance of the purchaser with all such conditions and regulations and with the provisions of the state forest fire laws, the bond to be in an amount not less than the full purchase price of the timber.

�� (3) The instrument or agreement for conveyance may be made for a term of years, in which case all rights and interests thereby granted by the county shall revert to and revest in the county upon expiration of the term. [Amended by 2005 c.243 �19]

�� 275.294 Sale or lease of right to prospect for and remove minerals or oil and gas from county lands. (1) Nothing contained in this chapter shall prohibit the governing body of a county, whenever it appears to the best interest of the county, from making or executing a lease or conveyance granting rights to explore or prospect for valuable minerals or oil and gas and for the mining and removal of the same from any lands acquired by such county through foreclosure of tax liens or otherwise.

�� (2) Except as provided in subsection (3) of this section, any lease or conveyance of minerals or oil and gas or interest in such lands shall be granted to the highest bidder, after an opportunity for competitive bidding is given by advertisement of the proposed sale or lease for not less than once a week for two successive weeks by publication in one or more newspapers having general circulation in the county, and under such terms, conditions and regulations as the governing body of the county provides under ORS 275.300.

�� (3) The governing body of the county, as to any land which is owned by the county or whereon the mineral rights are reserved by the county, may execute leases and contracts, other than for gas or oil, upon a royalty basis without requiring bids for the mining of gold, silver, copper, lead, cinnabar and valuable minerals or mineral materials from such lands upon terms and conditions agreed upon by the governing body of the county and the lessee. [1955 c.150 ��1,2; 1959 c.603 �1; 1983 c.537 �6; 2005 c.243 �20]

�� 275.296 Validation of certain conveyances prior to August 3, 1955. All leases and conveyances granting the right to explore or prospect for minerals or oil and gas and for the mining and removal of the same on or from county-owned lands, executed and delivered by the governing body of a county prior to August 3, 1955, and which might be invalid only because the governing body of the county was not expressly authorized by statute to execute and deliver such leases or conveyances, hereby are validated and declared to be legal and enforceable. [1955 c.150 �3; 2005 c.243 �21]

�� 275.298 Sale of minerals or mineral rights; preferential right of holder of interest less than fee. (1) In any sale hereafter made under ORS 275.110 to 275.250 of minerals or mineral rights heretofore reserved to a county where such minerals or mineral rights were acquired by a county by foreclosure of delinquent tax liens, the holder of an interest less than the fee in the same lands where the mineral rights are located shall have the right to purchase such minerals or mineral rights interest by depositing with the sheriff within 60 days from date of sale not less than the high amount bid for the minerals or mineral rights by a third person. If no sale was made at the offering, then such person shall have the right to purchase at whatever price the governing body of the county deems reasonable.

�� (2) Unless the purchaser at any sale is the owner of some interest less than the fee, the execution of a deed shall be postponed for 60 days from the date of sale in order to give the party granted preferential right under subsection (1) of this section, or the assignee of the party, the right to exercise the preference in the manner set forth in subsection (1) of this section.

�� (3) The provisions of this section shall not be applicable to the sale of mineral rights on or under any land suitable for the commercial production or development of timber. [1955 c.370 ��1,2,3; 2005 c.243 �22]

�� 275.300 Sale of mineral or other interest in county lands less than fee; conditions and regulations; bond. In any conveyance or agreement for conveyance of any minerals, or other interest, less than the whole fee, in any lands acquired by any county by foreclosure of delinquent tax liens or otherwise under ORS 275.090 to 275.220, the governing body of the county may provide such conditions and regulations as may be deemed to be for the best interests of the county and may require of the purchaser a satisfactory bond or undertaking in the name of the county in an amount not less than the whole purchase price of such minerals or other interests in such lands, conditioned upon the compliance of the purchaser with such conditions and regulations. [Amended by 2005 c.243 �23]

�� 275.310 Partition of land in which county has acquired interest. Any county which has acquired or shall acquire an undivided interest in real property by foreclosure of delinquent tax liens, shall have the benefit of the statutes of this state providing for the partition of real property owned by tenants in common. Such county may become a purchaser at any sale of such real property upon partition.

�� 275.312 Conveyance by county of reserved or excepted mineral rights. Notwithstanding any other law, in any county where the surface rights to tax-foreclosed lands have been conveyed and the mineral rights on such lands have been reserved or excepted by the governing body of the county making such conveyance, upon written application of the owner of such surface rights, the governing body of the county, whenever it appears to the governing body of the county to be in the best interests of the county, may convey such reserved or excepted mineral rights to the owner of the surface rights in accordance with ORS 275.314 and 275.316. [1967 c.188 �2; 2005 c.243 �24]

�� 275.314 Contents of application; investigation and hearing. Each application presented to the governing body of the county under ORS 275.312 must be accompanied by evidence satisfactory to the governing body of the county showing that the applicant is the owner of the surface rights to the lands described in the application, and also by a cash deposit or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 in an amount sufficient to reimburse the county for all costs of such transfer, including but not limited to the costs of investigation and legal work, which shall be paid by the applicant. The governing body of the county then shall cause an investigation to be made by qualified geologists or mining engineers in regard to the probable value of such mineral rights. If the governing body of the county finds that such rights are of little or doubtful value and that it would be in the best interests of the county to transfer such rights to the owner of the surface rights, the governing body of the county may make and enter an order declaring its intention to make such transfer and setting a time and place for hearing objections thereto. The time for the hearing shall be set not earlier than six weeks after the date of the order. [1967 c.188 �3; 1991 c.331 �52; 1997 c.631 �431; 2005 c.243 �25]

�� 275.316 Notice of hearing; findings; execution of conveyance. (1) The county clerk shall give notice of the time and place of the hearing scheduled under ORS 275.314 by publication in a newspaper of general circulation published in such county, once each week for four consecutive weeks prior to the hearing. The notice shall set forth the time and place of the hearing, the name of the applicant and a description of the lands in the proposed transfer. If no newspaper of general circulation is published in the county, notice may be given by the clerk by posting such notice in at least four public places in the county.

�� (2) Upon such hearing, if the governing body of the county finds that such mineral rights are of little or doubtful value and that it would be in the best interests of the county to convey such rights to the record owner of the surface rights, it may fix a minimum value for such rights and enter an order accordingly. Thereupon the governing body of the county, after receiving payment of such value, may execute and deliver the necessary deeds of conveyance. [1967 c.188 �4; 2005 c.243 �26]

�� 275.318 Sale or lease of land located in industrial use zone; Industrial Development Revolving Fund; use of proceeds of sale. (1) When the governing body of a county sells or leases real property acquired in any manner by the county, if that property is located in an area planned and zoned for industrial use under an acknowledged comprehensive plan of the county, the governing body may order all the moneys paid to the county under the terms of the sale be deposited with the county treasurer and credited to a special fund created by the governing body and designated the Industrial Development Revolving Fund of the county.

�� (2) The county treasurer shall disburse the moneys in the Industrial Development Revolving Fund of the county only upon the written order of the county governing body and only for the purposes set forth in subsection (3) of this section.

�� (3) The governing body of a county may expend moneys in an Industrial Development Revolving Fund created under this section only for:

�� (a) The engineering, improvement, rehabilitation, construction, operation or maintenance, in whole or in part, including the preproject planning costs, of any development project authorized by ORS 271.510 to 271.540 or 280.500 that is located in the county and that could directly result in one of the following activities:

�� (A) Manufacturing or other industrial production;

�� (B) Agricultural development or food processing;

�� (C) Aquacultural development or seafood processing;

�� (D) Development or improved utilization of natural resources;

�� (E) Operation of convention facilities or trade centers;

�� (F) Operation of transportation or freight facilities; and

�� (G) Other activities that represent new technology or types of economic enterprise the county governing body determines are needed to diversify the economic base of the county.

�� (b) Construction of off-site transportation or utility infrastructure that is necessary or appropriate to serve the development project.

�� (4) If moneys from the sale of county property located in an area planned and zoned for industrial use are not credited to the Industrial Development Revolving Fund of the county, those moneys shall be distributed as provided in ORS 275.275.

�� (5) The governing body of a county may sell, lease or convey the real property described in this section, including any part thereof or interest therein, at public or private sale, with or without advertisement, and do all acts necessary to the accomplishment of the sale, lease or conveyance. [1983 c.494 �1; 2013 c.248 �1]

Note: 275.318 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 275 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

COUNTY FORESTS AND PARKS

�� 275.320 Designation of county forests, parks and recreational areas. The governing body of a county may, by order, designate as county forests, public parks or recreational areas any real property heretofore or hereafter acquired by the county for delinquent taxes or otherwise. Where the park or recreational area is situated in whole or in part within the corporate limits of any city the county first shall obtain the consent or approval, by resolution or ordinance adopted by the city consenting or approving the creation of the public park or recreational area. [Amended by 2005 c.243 �27]

�� 275.330 Conveyance of county forests, parks or recreational areas; agreements to manage timber. (1) Upon the entry of an order by the governing body of a county setting aside the real property for county forest, public park or recreational area, the lands shall be set apart for such use. Thereafter such lands may not be alienated by the governing body of the county for any purpose unless authorized by a majority of the electors of the county in a regular or special election, except that:

�� (a) In counties having 450,000 population or over according to the latest federal decennial census:

�� (A) The lands may be sold and conveyed by the governing body of a county if it considers the sale to be in the best interests of the county; or

�� (B) The lands may be conveyed without payment or compensation for park and recreational purposes to any public educational institution, park and recreation district, service district formed under ORS chapter 451 to provide and maintain park and recreational facilities or nonprofit corporation organized under the laws of the State of Oregon for as long as the lands so conveyed are used for such purposes. Any lands conveyed under this subparagraph shall automatically revert to the county if the lands are not used for such purposes or if the institution, district or corporation to which the lands are conveyed is dissolved. However, lands conveyed under this subparagraph to a nonprofit corporation which is organized for the purpose of promoting the preservation of park and recreational areas may be conveyed without restriction subject to prior approval of the governing body of the county. When lands are conveyed under this subparagraph, the county shall be relieved from any obligation to account for the payment of any taxes, liens or assessments that may have been levied against the lands by any taxing agency, district or municipality authorized to levy against any of the lands.

�� (b) The governing body of a county may convey the lands to the state, an incorporated city, a park and recreation district or the United States Government for public use. The conveyance may be made without the payment of compensation, and when so made the county shall be relieved from any obligation to account for the payment of any taxes, liens or assessments that may have been levied against the lands by any taxing agency, district or municipality authorized to levy taxes against any of the lands.

�� (c) The governing body of a county may enter into agreements with the state or the United States for the management of the timber and other forest products on the designated county forestlands.

�� (2) In addition to the methods described in subsection (1) of this section, lands that have been set aside for county forest, public park or recreational area may be alienated, sold or conveyed, in part or in whole, by the public body upon a finding that it is in the best interest of the public. Upon a determination that an alienation, sale or conveyance is in the public interest, the lands set aside may be sold at public or private sale, or other lands may be taken in exchange and set aside for park or recreational purposes. When a sale, an alienation or conveyance takes place, the proceeds shall be held for maintenance and improvement of existing park and recreation lands or future acquisition of lands to be set aside for park or recreational purposes.

�� (3) Before making an order for an alienation, sale or conveyance of the property without approval at an election, or before entering into agreements for management of timber and other forest products under subsection (1)(c) of this section, the county governing body shall hold a hearing in the county at which objections to the proposed agreements or alienation, sale or conveyance may be heard. Notice of the hearing shall be given by publication weekly for two consecutive weeks in a newspaper circulated generally within the county, and the notice shall describe particularly the property affected. [Amended by 1959 c.546 �1; 1981 c.482 �1; 1989 c.534 �1; 1993 c.432 �1; 2005 c.243 �28]

�� 275.335 Exchanging land within county forest; reserving rights of way. (1) Notwithstanding the provisions of ORS 275.330 or 275.340, the governing body of a county may provide for the exchange of land within a designated county forest for other land when in the judgment of the governing body of the county, supported as provided in subsection (3) of this section, such exchange is for equal value and is in the best interest of the county. Such exchanges shall be authorized under this section only when the land obtained by the county in exchange is immediately incorporated into the designated county forest.

�� (2) Before making an order for exchange of property, the governing body of the county shall hold a hearing at which objections to the proposed exchange of real property may be heard. Notice of the hearing shall be given by publication weekly for two consecutive weeks, or two publications in all, in a newspaper circulated generally within the county, such notice to describe particularly the property affected. The date of hearing shall be not less than five days following the last date of publication of notice.

�� (3) The exchange authorized in subsection (1) of this section shall be made by order of the governing body of the county and supported by reports of the value of the properties being exchanged submitted by:

�� (a) The county assessor; and

�� (b) The county forester or other qualified agent selected by the governing body.

�� (4) The exchanges authorized in this section may include any timber on the land involved if the value of such timber is established as provided in subsection (3) of this section.

�� (5) The governing body of the county shall reserve all rights of way in all lands exchanged as provided in subsection (1) of this section to permit proper administration and management of county lands and forests retained or received in exchange by the county. [1961 c.227 �2; 2005 c.243 �29]

�� 275.340 Sale or lease of forest products, minerals or oil and gas from county forestland. Nothing contained in ORS 275.320 and 275.330 shall prohibit the county governing body from selling the timber and other forest products or from leasing the right to prospect for and remove minerals or oil and gas in the manner stated in ORS 275.294 from the designated county forestland when in the judgment of the county governing body the sale or lease is deemed for the best interests of the county. All sales of timber and other forest products in excess of the value of $5,000 shall be made only after an opportunity for competitive bidding is given by advertisement of the proposed sale for not less than once a week for two successive weeks by publication in one or more newspapers having general circulation in the county. Where more than one bid has been received, or in case of doubt as to which of a number of bids is the highest and most advantageous to the county, the decision of the county governing body shall be final and conclusive and shall not be subject to review by any court. Each bid shall be accompanied either by a certified check, or by a good and sufficient bond furnished by a surety company authorized to do business in the state, in favor of the county, in a sum to be determined by the county governing body. [Amended by 1955 c.119 �1; 1979 c.150 �1; 1979 c.393 �2]

�� 275.350 [Repealed by 1981 c.126 �6]

�� 275.360 Recording orders of county. Certified copies of all orders of the governing bodies of the several counties made under ORS 275.320 to 275.340 affecting the title or status of real property shall be recorded in the deed records of the county in which such lands are located. [Amended by 1981 c.126 �4; 1983 c.740 �74; 2005 c.243 �30]

�� 275.370 Validation of conveyances prior to January 1, 1941. All deeds and conveyances of the governing bodies of the several counties executed and delivered prior to January 1, 1941, conveying real property theretofore set aside by the governing bodies of the several counties as public parks and recreational areas under ORS

ORS 276.591

276.591, an agency may establish fees below the base rate, or provide reduced-cost or free parking:

�� (a) For employees who have been issued a disabled person parking permit by the Department of Transportation and require the use of their vehicle in traveling to and from work;

�� (b) For employees who have registered with and are participating in a carpool or vanpool;

�� (c) For employees participating in a program which encourages the use of parking spaces in noncongested areas;

�� (d) For motorcycles, bicycles and similar vehicles;

�� (e) To reduce a public hardship to those transacting business with the state agency or using the state agency services, but not including state employees; or

�� (f) Where conditions show that within the area there is no market or a reduced market for parking spaces.

�� (4) The state agency that controls the parking facility retains funds collected under this section. Funds collected under this section must be first used to cover the costs of parking as provided under subsection (2)(a) of this section. Agencies are encouraged to use additional receipts obtained under this section to offer programs to incentivize employee carpooling, vanpooling, transit use or other alternative commuting to support the goals under ORS 276.591.

�� (5) Subject to rules established by the department, an agency may establish fees in excess of the base rate for individually reserved parking spaces or parking spaces with greater desirability or quality.

�� (6) The state agency may designate spaces within a parking facility that are not leased as available to the public as free or metered spaces.

�� (7) Except as provided in this section, a state agency may not provide an employee with parking vouchers or reduced or free parking within a parking facility. [1981 c.591 �4; 2021 c.107 �4]

BUILDINGS AT STATE INSTITUTIONS; STATE BUILDING FUND

�� 276.610 State Building Fund. There is established a fund in the State Treasury to be known as the State Building Fund which shall be used for the construction, alteration and repair of buildings required for use of institutions and activities under the jurisdiction of the Department of Corrections, the Department of Human Services, the Oregon Health Authority, the governing boards of public universities listed in ORS 352.002 or the State Board of Education and for the furnishing and equipping of buildings so constructed, altered or repaired. [Amended by 1969 c.597 �51; 1987 c.320 �153; 2009 c.595 �195; 2013 c.768 �121; 2015 c.767 �77]

�� 276.612 Determining buildings to be constructed, altered, repaired, furnished and equipped. The Department of Corrections, the Department of Human Services, the Oregon Health Authority and the State Board of Education each shall determine the buildings to be constructed, altered, repaired, furnished and equipped for the use of institutions and activities under their respective jurisdictions. The governing board of a public university listed in ORS 352.002 shall determine the buildings to be constructed, altered, repaired, furnished and equipped for the use of public universities or offices, departments or activities under its jurisdiction. [Amended by 1969 c.597 �52; 1987 c.320 �154; 1991 c.703 �4; 1995 c.79 �94; 2009 c.595 �196; 2011 c.637 �87; 2013 c.768 �122; 2015 c.767 �78]

�� 276.614 [Repealed by 1969 c.597 �281]

OPTIONS

�� 276.625 Authority to acquire options; contingency; legislative review agency approval. The Oregon Department of Administrative Services may acquire options, enter into earnest money agreements and enter into similar arrangements to obtain the right to acquire real property, any improvements erected upon the property and any appurtenances connected with the property. However, the department�s exercise of any rights under such an option, agreement or arrangement, shall be made contingent upon the department first obtaining the approval of the legislative review agency as defined in ORS 291.371. Before removing the contingency, the department shall first obtain the approval of the proposed purchase from the legislative review agency as defined in ORS 291.371. [1985 c.276 �2; 2016 c.117 �45]

�� 276.710 [Repealed by 1981 c.126 �6]

�� 276.712 [Repealed by 1981 c.126 �6]

�� 276.714 [Repealed by 1981 c.126 �6]

�� 276.716 [Repealed by 1981 c.126 �6]

�� 276.718 [Repealed by 1981 c.126 �6]

�� 276.720 [Repealed by 1981 c.126 �6]

�� 276.722 [Repealed by 1981 c.126 �6]

�� 276.724 [Repealed by 1981 c.126 �6]

�� 276.726 [Repealed by 1981 c.126 �6]

�� 276.728 [Repealed by 1981 c.126 �6]

�� 276.730 [Repealed by 1981 c.126 �6]

COMMUNITY HOUSES

�� 276.732 Community houses in cities; constructing; financing; use. Any incorporated city may purchase a necessary site within its boundaries and erect and maintain thereon a community house for the benefit of the soldiers, sailors and marines of the Army and Navy of the United States, or persons who have been inducted into the service of such army or navy. For that purpose the city may levy taxes or issue and sell bonds of such city when empowered so to do by the electors of such city as provided in ORS 276.734. Such city may, by ordinance, prescribe rules and regulations and conditions upon which such community house may be used, occupied and governed.

�� 276.734 Submission of issues to electors. The council or other governing body of any city desiring to construct and maintain a community house under ORS 276.732 may submit the issues to the electors of the city at any regular or special election held within such city. At the election the electors of the city shall designate the maximum amount of money to be expended for the community house and shall specify the manner by which funds shall be secured for that purpose, whether by taxation or the sale of the bonds of the municipality.

�� 276.736 Levy of tax; sale of bonds; construction and maintenance of houses. The council or other governing body of the city, when authorized by vote of the majority of the electors thereof, shall:

�� (1) Levy the tax or issue and sell bonds as directed by such vote, not to exceed the maximum amount authorized.

�� (2) Purchase a site and erect and thereafter maintain the community house.

�� (3) Adopt ordinances regulating and governing the use and occupancy of the community house.

�� 276.800 [1975 c.280 �1; repealed by 1989 c.97 �1]

�� 276.805 [1975 c.280 �3; repealed by 1989 c.97 �1]

�� 276.810 [1975 c.280 �2; repealed by 1989 c.97 �1]

�� 276.815 [1975 c.280 �4; repealed by 1989 c.97 �1]

�� 276.820 [1975 c.280 �5; repealed by 1989 c.97 �1]

�� 276.825 [1975 c.280 �6; 1983 c.389 �1; 1985 c.731 �23; repealed by 1989 c.97 �1]

�� 276.830 [1975 c.280 �7; repealed by 1989 c.97 �1]

�� 276.840 [1975 c.280 �8; repealed by 1989 c.97 �1]

�� 276.845 [1975 c.280 �9; repealed by 1989 c.97 �1]

�� 276.850 [1975 c.280 �10; repealed by 1989 c.97 �1]

�� 276.855 [1975 c.280 �11; repealed by 1989 c.97 �1]

�� 276.860 [1975 c.280 �12; repealed by 1989 c.97 �1]

�� 276.865 [1975 c.280 �13; repealed by 1989 c.97 �1]

�� 276.870 [1975 c.280 �14; repealed by 1989 c.97 �1]

�� 276.875 [1975 c.280 �15; repealed by 1989 c.97 �1]

�� 276.880 [1975 c.280 �16; repealed by 1989 c.97 �1]

�� 276.885 [1975 c.280 ��17,18; repealed by 1989 c.97 �1]

�� 276.890 [1975 c.280 �19; repealed by 1989 c.97 �1]

STATE AGENCY FACILITY ENERGY DESIGN

�� 276.900 Policy. It is the policy of the State of Oregon that facilities to be constructed or purchased by authorized state agencies be designed, constructed, renovated and operated so as to minimize the use of energy resources and to serve as models of energy efficiency. [1979 c.734 �1; 1989 c.556 �1; 2001 c.683 �1; 2008 c.26 �1]

�� Note: 276.900 to 276.915 were enacted into law by the Legislative Assembly but were 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.

�� 276.905 Definitions for ORS 276.900 to 276.915. As used in ORS 276.900 to 276.915, unless the context requires otherwise:

�� (1) �Alternative energy system� means an environmentally sound energy system that uses power derived from renewable resources including, but not limited to, the sun, wind, geothermal sources and heat recovery.

�� (2) �Authorized state agency� means a state agency, board, commission, department or division that is authorized to finance the construction, purchase or renovation of a facility that is or will be used by the State of Oregon.

�� (3) �Cost-effective� means that an energy resource, facility or conservation measure during its life cycle results in delivered power costs to the ultimate consumer no greater than the comparable incremental cost of the least cost alternative new energy resource, facility or conservation measure. Cost comparison must include, but need not be limited to:

�� (a) Cost escalations and future availability of fuels;

�� (b) Waste disposal and decommissioning costs;

�� (c) Transmission and distribution costs;

�� (d) Geographic, climatic and other differences in the state; and

�� (e) Environmental impact.

�� (4) �Energy conservation measure� means a measure primarily designed to reduce the use of energy resources in a facility.

�� (5) �Energy consumption analysis� means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components and the external energy load imposed on a major facility by the climatic conditions of its location. �Energy consumption analysis� includes, but is not limited to:

�� (a) The comparison of a range of alternatives that is likely to include all reasonable, cost-effective energy conservation measures and alternative energy systems;

�� (b) The simulation of each system over the entire range of operation of a major facility for a year�s operating period;

�� (c) The evaluation of energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs; and

�� (d) The consideration of alternative energy systems.

�� (6) �Energy performance contract� has the meaning given that term in ORS 279A.010.

�� (7) �Energy systems� means all utilities, including but not limited to heating, cooling, ventilation, lighting and the supply of domestic hot water.

�� (8) �Facility� means a building or other structure owned or controlled by an authorized state agency that is used or occupied by employees of the authorized state agency or that is used for conducting public business.

�� (9) �Major facility� means a facility that has 10,000 square feet or more of usable floor space.

�� (10) �Performance guarantee� means an enforceable agreement between an authorized state agency and a qualified energy service company that:

�� (a) Allocates responsibilities between the authorized state agency and the qualified energy service company for achieving the purposes of an energy performance contract;

�� (b) Specifies conditions under which the qualified energy service company will guarantee savings, reductions, benefits or other purposes specified in the energy performance contract;

�� (c) Specifies a term during which the agreement remains valid; and

�� (d) Provides remedies to the authorized state agency, including damages and appropriate equitable relief, if a fixture, furnishing or system that the qualified energy service company recommends, designs and constructs, fabricates, assembles or installs into a facility fails to achieve the savings, reductions, benefits or other purposes specified in the energy performance contract.

�� (11) �Qualified energy service company� means a person that:

�� (a) Has demonstrated a technical, operational, financial and managerial capability for, and a prior record of success in, identifying and assessing needs for and recommending, designing and constructing, fabricating, assembling or installing fixtures, furnishings or systems that meet the requirements of an energy performance contract;

�� (b) Has developed expertise in measuring and verifying energy use and reductions in energy use, expertise in identifying greenhouse gas emissions and methods for reducing greenhouse gas emissions or expertise in methods of providing savings, reductions or other benefits that an authorized state agency may seek through an energy performance contract; and

�� (c) Otherwise meets standards that the State Department of Energy or an authorized state agency specifies for prequalification.

�� (12) �Renovation� means an addition to, alteration of or repair of a facility that adds to or alters the facility�s energy systems, provided that the affected energy systems account for 50 percent or more of the facility�s total energy use. [1979 c.734 �2; 1987 c.320 �155; 1989 c.556 �2; 2001 c.683 �2; 2008 c.26 �2; 2025 c.161 �1]

�� Note: See note under 276.900.

�� 276.910 Use of fuel cell power systems in state agency facilities; rules. (1) Before constructing or renovating a major facility, an authorized state agency shall, after comparing various equipment options and to the greatest extent practicable, use fuel cell power systems for emergency backup power applications and for critical power applications in lieu of other equipment options.

�� (2)(a) The State Department of Energy shall, in consultation with the Oregon Department of Administrative Services, adopt rules establishing criteria for the comparison of fuel cell power systems and other equipment options required by subsection (1) of this section.

�� (b) Criteria to be established under this subsection must address:

�� (A) The impact of emissions, including but not limited to nitrous oxide, sulfur oxide, carbon monoxide, carbon dioxide and particulates, from various equipment options, on the environment, regardless of whether the equipment is installed indoors or installed outdoors;

�� (B) Life cycle costs, including but not limited to acquisition costs, installation and commissioning costs, siting and permitting costs, maintenance costs and fueling and decommissioning costs; and

�� (C) The complexity of equipment options and any ancillary equipment. [2009 c.748 �6]

�� Note: 276.910 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.

�� 276.915 Energy design requirements; rules; fees; waiver. (1) An authorized state agency may construct or renovate a facility only if the authorized state agency determines that the design incorporates all reasonable cost-effective energy conservation measures and alternative energy systems. The determination by the authorized state agency shall include consideration of indoor air quality issues and operation and maintenance costs.

�� (2) Whenever an authorized state agency determines that a major facility is to be constructed or renovated, the authorized state agency shall cause to be included in the design phase of the construction or renovation a provision that requires an energy consumption analysis to be prepared for the facility under the direction of a professional engineer or registered architect or under the direction of a person that is prequalified in accordance with this section. The authorized state agency and the State Department of Energy shall agree to the list of energy conservation measures and alternative energy systems that the energy consumption analysis will include. The energy consumption analysis and facility design must be delivered to the State Department of Energy during the design development phase of the facility design. The State Department of Energy shall review the energy consumption analysis and forward the department�s findings to the authorized state agency within 10 working days after receiving the energy consumption analysis, if practicable.

�� (3) The State Department of Energy, in consultation with authorized state agencies, shall adopt rules to carry out the provisions of ORS 276.900 to 276.915. These rules must:

�� (a) Include a simplified and usable method for determining which energy conservation measures and alternative energy systems are cost-effective. The method must reflect the energy costs of the utility serving the facility.

�� (b) Prescribe procedures for determining if a facility design incorporates all reasonable cost-effective energy conservation measures and alternative energy systems.

�� (c) Establish fees through which an authorized state agency will reimburse the State Department of Energy for the department�s review of energy consumption analyses and facility designs and the department�s reporting tasks. The fees imposed may not exceed 0.2 percent of the capital construction cost of the facility and must be included in the energy consumption analysis required in subsection (2) of this section. The State Department of Energy may provide for a waiver of fees and reviews if the authorized state agency demonstrates that the facility will be designed and constructed in a manner that incorporates only cost-effective energy conservation measures or in a manner that exceeds the energy conservation provisions of the state building code by 20 percent or more.

�� (d) Periodically define highly efficient facilities. A facility constructed or renovated after June 30, 2001, shall exceed the energy conservation provisions of the state building code by 20 percent or more, unless otherwise required by rules adopted under this section.

�� (e) Establish guidelines for incorporating energy efficiency requirements into lease agreements of 10 or more years to be phased in as current lease agreements expire or as new lease agreements are entered into, allowing reasonable time for the owner to implement the requirements of this section.

�� (f) Establish criteria by which the State Department of Energy determines that a person is prequalified and approves the person to perform work in accordance with this section.

�� (4) An authorized state agency shall report annually to the State Department of Energy concerning energy use in the authorized state agency�s facilities. The State Department of Energy shall specify by rule the form and content of and deadlines for the reports. The rules must minimize costs to state agencies of the reports and minimize duplication of reporting requirements for building energy performance standards under ORS 469.275 to 469.291.

�� (5) The State Department of Energy by rule may require mandatory prequalification as a condition for a person to submit a bid or proposal to perform the following work for an authorized state agency:

�� (a) Direct an energy consumption analysis for an authorized state agency under subsection (2) of this section, unless the person is a professional engineer or a registered architect;

�� (b) Enter into an energy performance contract as a qualified energy service company; or

�� (c) Perform energy audits, building commissioning, monitoring and verification services and other services related to the operation and management of a facility�s energy systems, except for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services as defined in ORS 279C.100.

�� (6)(a) An authorized state agency may enter into an energy performance contract with a qualified energy service company for the purpose of meeting requirements set forth in this section and for other purposes for which the authorized state agency determines that an energy performance contract is appropriate for constructing or renovating a facility.

�� (b) An authorized state agency may enter into an energy performance contract without conducting a competitive procurement under ORS 279C.335 if:

�� (A) The authorized state agency negotiates a performance guarantee for the benefits that the energy performance contract will provide to the authorized state agency; and

�� (B) The authorized state agency enters into the energy performance contract:

�� (i) In accordance with rules the Attorney General adopts under ORS 279A.065; and

�� (ii) With a qualified energy service company that the State Department of Energy has prequalified under subsection (3)(f) of this section and has listed as an approved contractor.

�� (7) The State Department of Energy may recover from authorized state agencies the costs associated with administering the provisions of this section, including costs associated with adopting rules, maintaining a state energy use database and prequalifying a person under this section.

�� (8) The State Department of Energy and the Oregon Department of Administrative Services shall jointly prepare a biennial report summarizing the progress toward achieving the goals of this section. The biennial report shall be made available to the public. [1979 c.734 �3; 1989 c.556 �3; 1995 c.551 �18; 2001 c.683 �3; 2008 c.26 �3; 2009 c.259 �24; 2011 c.458 �7; 2013 c.196 �19; 2015 c.767 �79; 2025 c.91 �1; 2025 c.161 �2]

�� Note: See note under 276.900.

PENALTIES

�� 276.990 Penalties. (1) Subject to ORS 153.022, a person who violates any rule lawfully promulgated under this chapter commits a Class A violation.

�� (2) Any agency or officer of the state having authority to regulate parking may enter into agreements or contracts with any county, city or political subdivision under such terms as the agency or officer considers advisable to prosecute violations of subsection (1) of this section.

�� (3) Any person who in any way intentionally or maliciously damages or obstructs any water line of the public buildings and grounds or state institution or in any way contaminates or renders the water impure or injurious is guilty of a misdemeanor and shall, upon conviction, be punished as provided in ORS 431.990 for violation of the statutes enumerated therein. [Amended by 1967 c.450 �4; 1969 c.199 �47; 1973 c.663 �1; 1977 c.50 �1; 1977 c.598 �27; 1999 c.1051 �170]

ORS 278.440

278.440�� Report on financial condition of Insurance Fund; report contents; recommendations; contracting power

GENERAL PROVISIONS

�� 278.005 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Actuarially sound� means funding and insurance sufficient to pay those losses and their related costs which are known or are projected by the Oregon Department of Administrative Services from analyses of claims, loss experience and risk factors.

�� (2) �Components� of the Insurance Fund means accounts created by the department within the Insurance Fund to provide specific coverages and administer the duties of this chapter.

�� (3) �Data� means information previously converted to language or symbols in a form which can be directly read by the information processing equipment.

�� (4) �Department� means the Oregon Department of Administrative Services.

�� (5) �Engineering specifications� means those records which provide detailed documentation of the construction, wiring, arrangement and related engineering details of the information processing equipment.

�� (6) �Media� means all active information processing material including all forms of data, program material and related engineering specifications employed in the agency�s information processing operation except property which the agency elects not to cover.

�� (7) �Participating local public body� and �public body� mean any public body other than the state which has elected to participate in the Insurance Fund under ORS 30.282.

�� (8) �Personal property� means tangible personal property owned, leased, controlled or possessed by a state agency and includes all chattels and movables, such as merchandise, furniture, goods, livestock, vehicles, aircraft, movable machinery, movable tools, movable equipment, general operating supplies and media. �Personal property� does not include cash, currency or negotiable papers and securities and similar property which may be excluded by policy of the department.

�� (9) �Program material� means stored data used to direct the information processing equipment as to which input or memory to use, how to use it, and the type of results to obtain, including any diagrams or other records which can be used to reproduce such instructions.

�� (10) �Property� means real and personal property as defined in this section, and any other property under the control of the state in which the state has an insurable interest as determined by the department.

�� (11) �Real property� means the land and all buildings, structures, improvements, machinery, equipment or fixtures erected on, above or under the land the title of which is vested in the State of Oregon, or is under the control of the state through a lease purchase agreement, installment purchase, mortgage or lien. �Real property� does not include any paving, roadways, tunnels, bridges, bike paths, sidewalks and other related improvements which may be excluded by policy of the department.

�� (12) �State agency� or �agency� means each state branch, institution, department, board, commission or activity of whatever nature.

�� (13) �Vessel� means a boat, ship, craft or structure made to float or travel upon the water which may or may not be powered by a marine engine. [1961 c.448 �2; 1975 c.609 �21; 1977 c.428 �2; 1981 c.109 �6; 1985 c.731 �7; 1989 c.40 �1; 1993 c.500 �25]

�� 278.010 [Repealed by 1953 c.581 �11]

INSURANCE OF PUBLIC PROPERTY

�� 278.011 State agencies to supply information on property; appraised value determined. At times determined by the Oregon Department of Administrative Services, each state agency shall supply such information regarding its property, personal and real, and its personnel, budget and activities as the department shall require for risk control, insurance and claims purposes. The appraised value of the property shall be established by the department on the basis of present day replacement costs excluding the value of land. [1953 c.581 �9; 1957 c.385 �1; 1961 c.448 �3; 1965 c.140 �1; 1969 c.670 �5; 1981 c.109 �7; 1991 c.566 �1]

�� 278.020 [Amended by 1953 c.581 �11; 1961 c.448 �4; 1963 c.634 �4; 1967 c.262 �1; 1969 c.670 �1; 1975 c.609 �10; 1981 c.109 �8; 1982 s.s.1 c.28 �1; 1985 c.731 �8; repealed by 1991 c.566 �14]

�� 278.022 Coverage of vessels. In addition to any other coverage under this chapter, if a vessel which is the personal property of an agency or if property on any other vessel is damaged or destroyed as a direct result of collision with another vessel, striking any object, whether submerged or not, sinking, grounding, stranding, or other perils of the sea, the Oregon Department of Administrative Services shall pay the cost of restoring the vessel or property out of the Insurance Fund in an amount not to exceed the appraised value established pursuant to this chapter. If an agency�s vessel becomes disabled at sea for any reason, the department shall reimburse the agency from the Insurance Fund for the cost of towing the vessel to the nearest port where repairs can be accomplished. [1961 c.448 �11; 1965 c.140 �2; 1969 c.670 �6; 1975 c.609 �22; 1982 s.s.1 c.28 �2; 1985 c.731 �9; 1991 c.566 �2]

�� 278.025 [1953 c.581 �5; 1969 c.670 �7; 1975 c.609 �23; repealed by 1985 c.731 �32]

�� 278.030 [Amended by 1981 c.109 �9; 1982 s.s.1 c.28 �3; repealed by 1985 c.731 �32]

�� 278.035 [1961 c.448 ��6,7; 1969 c.670 �8; 1975 c.609 �24; repealed by 1985 c.731 �32]

�� 278.040 [Amended by 1961 c.448 �8; repealed by 1985 c.731 �32]

�� 278.043 [1969 c.670 �3; 1982 s.s.1 c.28 �4; repealed by 1985 c.731 �32]

�� 278.047 [1969 c.670 �4; 1982 s.s.1 c.28 �5; repealed by 1985 c.731 �32]

�� 278.050 Restoring lost, damaged or destroyed property; exceptions; use of fund for other purposes; deductibles. (1) Subject to subsections (2) and (3) of this section, if any property designated in ORS 278.011 is lost, damaged or destroyed by any peril, the Oregon Department of Administrative Services may elect to cover by rule or policy, but excluding any loss from mysterious disappearance, lack of maintenance or inherent vice, the department shall pay the cost of restoring the property out of the Insurance Fund in an amount not to exceed the appraised value established pursuant to ORS 278.011.

�� (2) Any amounts received by an agency from the Insurance Fund may be applied for purposes other than the restoration of the property destroyed provided such use is approved by the department, the Legislative Administration Committee or the State Court Administrator, as appropriate, and further, in the event the amount received from the Insurance Fund exceeds $50,000, approval must also be received from the Legislative Assembly if in session, or the Emergency Board if during the interim. If the restoration of any property designated in ORS 278.011 that is lost, damaged, or destroyed by any covered peril is not required, the cost of razing the property may be paid out of the Insurance Fund. Any amounts approved on claims for use in rebuilding or replacing real or personal property may be transferred to other agencies if approved by the department, the Legislative Administrator or the State Court Administrator, as appropriate. However, in the event that the amount exceeds $50,000, approval must also be secured from the Legislative Assembly if in session, or the Emergency Board if during the interim.

�� (3) The department may establish deductibles for certain perils or classes of property covered by the Insurance Fund. Payments from the fund to cover loss, damage or destruction shall be reduced by the deductible amount adopted by the department.

�� (4) The department shall draw warrants on the State Treasurer payable from the Insurance Fund for all claims required in carrying out the provisions of this chapter. [Amended by 1953 c.581 �11; 1957 c.385 �2; 1961 c.448 �9; 1965 c.140 �3; 1969 c.670 �9; 1981 c.109 �10; 1985 c.731 �10; 1991 c.566 �3; 1993 c.500 �26]

�� 278.052 Right of action against person responsible for loss; investigations. (1) If a payment is made out of the Insurance Fund to or for a state agency for any loss covered by the Insurance Fund, the Oregon Department of Administrative Services is subrogated, to the extent of the payment, to the rights of the state agency against any person or other entity legally responsible in damages for the loss. The department may commence an appropriate action in any court, in the name of the state, to enforce the rights. Any amounts recovered as a result of the proceeding shall be paid into the State Treasury and credited to the Insurance Fund.

�� (2) The department may conduct an investigation of a loss to determine whether legal action should be commenced. The department may administer oaths and examine witnesses in connection with its investigation. The State Fire Marshal and the Department of State Police and all state agencies covered under this chapter shall cooperate with the Oregon Department of Administrative Services in the investigation. [1961 c.448 �12; 1985 c.731 �11; 1991 c.566 �4]

�� 278.054 [1953 c.581 �6; repealed by 1975 c.605 �33]

�� 278.056 [1953 c.581 �7; repealed by 1975 c.605 �33]

�� 278.060 [Amended by 1961 c.448 �13; 1981 c.109 �11; repealed by 1985 c.731 �32]

�� 278.070 [Amended by 1961 c.448 �14; repealed by 1985 c.731 �32]

�� 278.075 State agencies to supply information on media property; scope of coverage. (1) At times determined by the Oregon Department of Administrative Services, each state agency owning, leasing, controlling or possessing media shall supply such information as the department may require regarding the agency�s media. The appraised value of the media shall be established on the basis of present-day replacement costs or restoration to operational condition.

�� (2) If any media designated in subsection (1) of this section is damaged or destroyed by any covered peril, the department shall pay all extraordinary expenses related to replacement or re-creation of new or backup media out of the Insurance Fund in an amount not to exceed the appraised value established pursuant to this chapter. Such costs may include reproduction of media, temporary service and equipment rental costs, reinstallation, shipping and other related costs.

�� (3) Media coverage by the Insurance Fund does not include any loss of moneys because of the lack of any revenue producing function connected with the operation, nor does it cover any other costs of business interruption outside the direct expenses as outlined in subsection (2) of this section. [1981 c.109 �23; 1985 c.731 �12; 1991 c.566 �5]

�� 278.080 [Amended by 1953 c.581 �11; repealed by 1959 c.12 �1]

�� 278.085 [1953 c.581 �1; 1957 c.385 �3; 1961 c.448 �15; 1969 c.670 �10; repealed by 1985 c.731 �32]

�� 278.090 [Amended by 1955 c.288 �1; 1959 c.662 �18; repealed by 1975 c.609 �25]

�� 278.100 [1975 c.609 �2; 1977 c.428 �3; 1981 c.109 �12; 1981 c.490 �1; 1981 c.913 �1; repealed by 1985 c.731 �32]

�� 278.105 [1975 c.609 �3; repealed by 1985 c.731 �32]

�� 278.110 [1975 c.609 �4; 1981 c.109 �13; repealed by 1985 c.731 �32]

�� 278.115 [1975 c.609 �5; 1981 c.109 �14; 1985 c.731 �13; repealed by 1991 c.566 �14]

�� 278.120 Claims management; defense; authority of Attorney General; payment of judgment or settlement; rules. (1) Without in any way limiting who may receive actual notice of a claim under ORS 30.275 (6), the Oregon Department of Administrative Services has exclusive authority to manage claims against the state, and against the officers, employees and agents of the state, that arise under the provisions of ORS

ORS 279A.161

279A.161 and 279A.250 to 279A.290.

�� (3) The mission of the authority is to establish ownership, oversight and management of the Willamette Falls Locks project, for the purposes of:

�� (a) Enhancing the economic vitality of Oregon through facilitating the resiliency and navigability of the Willamette River; and

�� (b) Repairing, maintaining, upgrading and operating the Willamette Falls Locks project and associated properties and facilities for commercial, transportation, recreational, cultural, historic, heritage and tourism purposes.

�� (4) The authority shall carry out the purposes described in this section and the duties of the authority under ORS 196.200 to 196.240 and 196.993 in the manner that, in the determination of the authority, best promotes and implements the mission of the authority. Subject to any limitations established under ORS 196.200 to 196.240 and 196.993, the authority may take any necessary or expedient actions to:

�� (a) Enter into any agreements as necessary or expedient to perform any authorized function of the authority, including but not limited to any agreements with the Assistant Secretary of the Army (Civil Works) for the United States Army Corps of Engineers or other public or private entities to:

�� (A) Establish ownership by the authority of the Willamette Falls Locks project;

�� (B) Repair, maintain, upgrade and operate the Willamette Falls Locks project and associated property and facilities; and

�� (C) Provide for the training of personnel in operation of the navigation channel and locks;

�� (b) Ensure the financial viability of the authority;

�� (c) Promote the Willamette Falls Locks project to industries related to or interested in the authority�s business operations, properties or facilities; and

�� (d) Undertake improvements and maintenance activities, including dredging and channelization activities as the authority determines are necessary or expedient to ensure the continued operation and utility of the Willamette Falls Locks project as a navigation facility. [2021 c.229 �2]

�� Note: See note under 196.200.

�� 196.210 Membership of authority. (1) The Willamette Falls Locks Authority shall consist of no fewer than seven and no more than 11 individuals appointed by the Governor. An authority member holds office for a term of four years but may be removed at any time at the pleasure of the Governor. Members are eligible for reappointment. Prior to the expiration of the term of a member, the Governor shall appoint a successor. If a member position becomes vacant for any reason, the Governor shall appoint a successor to fill the unexpired term.

�� (2) A member of the authority must be a citizen of the United States and may not be an employee of the authority. In appointing members to the authority, the Governor shall consult with the employees of the authority, if any, and shall endeavor to appoint members with experience or expertise in a variety of subjects related to the mission and purposes of the authority or with other experience or expertise that the Governor determines are important to the success of the authority. The Governor shall consider for appointment, but need not be limited to appointing, representatives of:

�� (a) Federally recognized Oregon Indian Tribes with treaty interests in the Willamette Falls area;

�� (b) Regional or municipal governments;

�� (c) The maritime industry;

�� (d) The tourism industry;

�� (e) Persons with experience in finance, marketing or economic development;

�� (f) Adjacent property owners; or

�� (g) Abutting energy facilities.

�� (3) The authority shall elect one member as chairperson and one member as vice chairperson, with terms, duties and powers as determined by the authority. The authority shall adopt bylaws establishing the required frequency of meetings and quorum requirements.

�� (4) A member of the authority is not entitled to compensation, but may be reimbursed as provided by the policies and procedures of the authority for any actual and necessary travel and other expenses incurred by the member in the performance of the member�s official duties.

�� (5) Four members of the Legislative Assembly shall act as a nonvoting observers and advisors to the authority and shall be appointed as follows:

�� (a) One shall be appointed by the President of the Senate from among members of the Senate;

�� (b) One shall be appointed by the Senate Minority Leader from among members of the Senate;

�� (c) One shall be appointed by the Speaker of the House of Representatives from among members of the House of Representatives; and

�� (d) One shall be appointed by the House Minority Leader from among members of the House of Representatives.

�� (6) The members of the Legislative Assembly selected under subsection (5) of this section may not exercise any power, right or privilege of a member of the authority. [2021 c.229 �3]

�� Note: See note under 196.200.

�� 196.215 Executive director; status of director and employees. (1) The Willamette Falls Locks Authority shall appoint an executive director. The executive director is the executive officer of the authority responsible for day-to-day operations. Subject to the supervision of the authority, the executive director is authorized to direct the affairs of the authority. The executive director serves at the discretion of the authority and shall perform such duties as the authority prescribes.

�� (2) The executive director may employ subordinate employees as the executive director deems reasonable for carrying out business operations and the operation of the properties and facilities of the authority, including but not limited to the operation and maintenance of the Willamette Falls Locks project. The executive director may delegate any duty, function or power of the executive director to a subordinate employee except as otherwise prescribed by the authority.

�� (3) The members of the authority, the executive director and the employees of the authority are not state employees and are not eligible for participation in state employee health benefit plans, state employee deferred compensation plans or the Public Employees Retirement System. The authority shall determine the compensation and benefit package for the executive director and other employees of the authority. For purposes of any laws applicable to the authority as a public corporation, including but not limited to ORS 30.260 to 30.300, the members of the authority, the executive director and the employees of the authority are officers and employees of a public body.

�� (4) The authority and a state agency may enter into agreements for the state agency to provide support services to the authority. If a state agency provides support services to the authority, the state agency must provide the support services at the rate that the state agency would charge to other state agencies for the services.

�� (5) The authority may invest in the investment pool described in ORS 294.805. For purposes of ORS

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 286A.576

286A.576 (2)(a) and (b) subsequently to be credited to the Lottery Bond Fund in that fiscal year.

�� (2) State education lottery bonds shall be issued only at the request of the Superintendent of Public Instruction. State education lottery bonds may be issued in an amount sufficient to provide no more than $150 million of net proceeds to pay costs of state education projects, plus the amounts required for bond-related costs.

�� (3) The School Capital Construction, Maintenance and Technology Fund is established in the State Treasury, separate and distinct from the General Fund. The net proceeds from the sale of the state education lottery bonds that are available to pay costs of state education projects shall be credited to the School Capital Construction, Maintenance and Technology Fund. Investment earnings received on amounts in the School Capital Construction, Maintenance and Technology Fund shall be credited to the School Capital Construction, Maintenance and Technology Fund. All moneys from time to time credited to the School Capital Construction, Maintenance and Technology Fund, including any investment earnings, are appropriated continuously to the Department of Education only for distribution to school districts pursuant to ORS 327.731 and for payment of the bond-related costs that are allocable to state education lottery bonds. Amounts in the School Capital Construction, Maintenance and Technology Fund shall be disbursed upon the written request of the Superintendent of Public Instruction to school districts for state education projects pursuant to ORS 327.731, and upon the written request of the Director of the Oregon Department of Administrative Services to pay for bond-related costs that are allocable to state education lottery bonds. [1997 c.612 �4; 1999 c.44 �13; 2002 s.s.3 c.6 �15]

�� 327.715 [1997 c.612 �5; repealed by 1999 c.44 �29]

�� 327.718 [1997 c.612 �6; repealed by 1999 c.44 �29]

�� 327.721 [1997 c.612 �7; repealed by 1999 c.44 �29]

�� 327.724 [1997 c.612 ��8,8a; repealed by 1999 c.44 �29]

�� 327.727 [1997 c.612 �8c; repealed by 1999 c.44 �29]

�� 327.731 Education project grants; use; amount. (1) Subject to rules of the State Board of Education, the Superintendent of Public Instruction shall distribute a share of moneys in the School Capital Construction, Maintenance and Technology Fund to school districts as education project grants. The education project grants shall be distributed in one payment each distribution year. The education project grants shall be used for any state education project, as defined in ORS 327.700.

�� (2) Each school district�s education project grant = the district�s extended ADMw for the distribution year � (the total amount available for the grants in each distribution year � the total statewide extended ADMw in the distribution year).

�� (3) Each school district shall deposit the amounts it receives as an education project grant in a separate account, and shall apply amounts in that account to pay for costs of state education projects or shall hold amounts in that account in reserve and apply them to pay costs of future state education projects.

�� (4) School districts receiving education project grants from the School Capital Construction, Maintenance and Technology Fund shall, if so directed by the Oregon Department of Administrative Services, take any action specified by the Oregon Department of Administrative Services that is necessary to maintain the excludability of lottery bond interest from gross income under the United States Internal Revenue Code. [1997 c.612 �14; 1999 c.1066 �14]

�� 327.736 [1997 c.874 �1; repealed by 1999 c.44 �29]

STRATEGIC INVESTMENTS

�� 327.800 Goals of strategic investments; requirements; rules. (1) The State Board of Education shall identify and make recommendations to the Legislative Assembly about programs that make strategic investments to:

�� (a) Advance the educational goals of this state, as described in ORS 350.014;

�� (b) Improve the employability of graduates from Oregon public schools;

�� (c) Close the achievement gap that exists between historically underserved student groups, as defined by the board by rule;

�� (d) Assist public education in all regions of this state;

�� (e) Promote collaboration and alignment among early childhood service providers, school districts, community colleges, public universities and employers;

�� (f) Leverage private, public and community resources;

�� (g) Engage parents and child care providers, support families and motivate students;

�� (h) Develop and disseminate evidence-based models and best practices that are likely to improve student outcomes;

�� (i) Collect data to monitor student progress; and

�� (j) Establish networks that allow for the replication of successful practices across this state.

�� (2) The Department of Education shall distribute any moneys received for strategic investments under this section. Distributions may be made to school districts, education service districts, post-secondary institutions of education, nonprofit organizations, providers of early childhood services, tribes of this state and other entities. Distributions of moneys must advance the purposes set forth in ORS 327.815 and 327.820 or other purposes that meet the goals specified in subsection (1) of this section.

�� (3) Any recipient of moneys distributed as a strategic investment must provide separate accounting for the moneys and may use the moneys only for the purpose for which the moneys are provided.

�� (4)(a) The State Board of Education shall establish requirements for the programs implemented under this section that are consistent with this section and with ORS 327.815 and 327.820.

�� (b) The board shall develop timelines, performance measures and other requirements related to the accumulation and evaluation of data collected in relation to a program that receives moneys as a strategic investment. The performance measures shall include progress toward the goals established in ORS 350.014 and other key student education outcomes established by the board.

�� (5) The State Board of Education and the Early Learning Council may adopt any rules necessary for the agencies they oversee to perform any of the duties assigned to them under this section. Any rules adopted by the Early Learning Council must be consistent with this section and actions taken by the State Board of Education to implement this section. [2013 c.660 �1; 2013 c.660 �5; 2015 c.774 ��17,67,67a; 2023 c.534 �17]

�� Note: 327.800 to 327.820 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 327.810 [2013 c.660 �2; 2013 c.660 �6; 2015 c.774 ��18,68,68a; repealed by 2023 c.534 �16]

�� 327.815 Guidance and Support for Post-Secondary Aspirations Program; strategic investments for program. (1) The State Board of Education shall establish the Guidance and Support for Post-Secondary Aspirations Program to:

�� (a) Increase the number of students in the ninth grade who are making satisfactory progress toward a high school diploma, a modified diploma or an extended diploma; and

�� (b) Increase the number of students who earn a high school diploma, a modified diploma or an extended diploma and who enroll in a post-secondary institution of higher education.

�� (2) To accomplish the purposes of the Guidance and Support for Post-Secondary Aspirations Program, the State Board of Education shall identify programs for the distribution of moneys by the Department of Education for strategic investments that advance at least one of the following missions:

�� (a) Supporting comprehensive systems of monitoring and support for struggling students.

�� (b) Ensuring that middle and high school students who had not considered enrolling in post-secondary education are directed toward, and able to access, post-secondary education opportunities that match their interests and abilities.

�� (3) In addition to moneys distributed as provided by subsection (2) of this section, the Department of Education may distribute strategic investment moneys for any of the following purposes:

�� (a) To implement comprehensive systems for monitoring progress and providing individualized planning, mentoring, tutoring or other support services to students in grades 6 through 10 who are not making satisfactory progress toward a high school diploma, a modified diploma or an extended diploma; or

�� (b) To increase access for underserved students to post-secondary institutions by paying for first-year college courses or accelerated college credit programs. [2013 c.660 �3; 2013 c.660 �7; 2015 c.366 ��78,79; 2015 c.774 ��19,69,69a]

�� Note: See note under 327.800.

�� 327.820 Connecting to the World of Work Program; strategic investments for program. (1) The State Board of Education shall establish the Connecting to the World of Work Program to:

�� (a) Increase students� proficiency in science, technology, engineering and mathematics; and

�� (b) Connect students to the world of work.

�� (2) To accomplish the purposes of the Connecting to the World of Work Program, the State Board of Education shall identify programs for the distribution of moneys by the Department of Education for strategic investments that advance the following missions:

�� (a) Collaborating with other public entities to develop and implement a long-term strategy that advances state educational goals related to science, technology, engineering and mathematics.

�� (b) Providing investments in programs that engage underserved students in science, technology, engineering or mathematics or in career and technical education.

�� (c) Developing consortiums of school districts, education service districts and post-secondary institutions of higher education committed to developing innovative and flexible pathways for students in grades 6 through 12 and in community colleges.

�� (3) In addition to moneys distributed as provided by subsection (2) of this section, the Department of Education may distribute strategic investment moneys for any of the following purposes:

�� (a) Creating regional networks, or expanding existing regional networks, to support science, technology, engineering and mathematics and career and technical education;

�� (b) Increasing learning opportunities in science, technology, engineering and mathematics, the arts and career and technical education; or

�� (c) Designing and delivering individualized, innovative and flexible ways of delivering content, awarding high school and college credit and providing development education for students in high school or in the first two years of post-secondary education. [2013 c.660 �4; 2013 c.660 �8; 2015 c.774 ��20,70,70a]

�� Note: See note under 327.800.

EARLY LITERACY SUCCESS INITIATIVE

(Generally)

�� 327.825 Definitions. As used in ORS 327.825 to 327.845:

�� (1) �Early elementary grades� means any grade from prekindergarten through grade three.

�� (2) �Elementary school� means a school of a school district, or a public charter school, with students in early elementary grades.

�� (3) �High-dosage tutoring� means one-on-one tutoring or tutoring in small groups, as determined by rule of the State Board of Education, that:

�� (a) Is provided in addition to daily instruction;

�� (b) Is provided two or more times each week over at least a 10-week period; and

�� (c) Uses a research-aligned tutoring model that is administered in a culturally responsive manner and that is combined with the training necessary for tutors to implement the model effectively.

�� (4) �Prekindergarten� means a preschool or prekindergarten program that is:

�� (a) Provided by a school district or public charter school; or

�� (b) Delivered in partnership between a school district and another organization.

�� (5) �Preschool� means a high-quality program that serves children at least three years of age but not older than five years of age.

�� (6) �Public charter school� means a public charter school that:

�� (a) Is established under ORS chapter 338; and

�� (b) Is not a virtual public charter school, as defined in ORS 338.005.

�� (7) �Qualified tutor� means an individual who is trained to implement a program providing high-dosage tutoring.

�� (8) �Research-aligned literacy strategies� means strategies that:

�� (a) Are literacy focused;

�� (b) Are culturally responsive and relevant to diverse learners;

�� (c) Are based on long-term research derived from the science of reading and writing; and

�� (d) Apply instructional practices that are developmentally appropriate and specifically designed for students with disabilities and students who are English language learners.

�� (9) �Science of reading and writing� means:

�� (a) The convergence of findings from research on reading and writing processes, development and instruction; and

�� (b) The teaching of phonemic awareness, phonics, fluency, vocabulary and comprehension through explicit and systematic instruction that can be differentiated to meet the needs of individual learners through developmentally appropriate practices.

�� (10) �Student groups that have historically experienced academic disparities� means:

�� (a) Economically disadvantaged students, as determined under rules adopted by the State Board of Education;

�� (b) Students from racial or ethnic groups that have historically experienced academic disparities, as determined under rules adopted by the State Board of Education;

�� (c) Students with disabilities;

�� (d) Students who are English language learners;

�� (e) Students who are foster children, as defined in ORS 30.297;

�� (f) Students who are homeless, as determined under rules adopted by the State Board of Education;

�� (g) Students who attend an elementary school that:

�� (A) Is identified for comprehensive support and improvement or for targeted support and improvement under the federal Every Student Succeeds Act (P.L. 114-95, 129 Stat. 1802); or

�� (B) Qualifies for assistance under Title I of the federal Elementary and Secondary Education Act of 1965; or

�� (h) Any other student groups that have historically experienced academic disparities, as determined under rules adopted by the State Board of Education by rule. [2023 c.534 �1]

�� Note: 327.825 to 327.845 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 327.827 Early Literacy Success Initiative. (1) The Early Literacy Success Initiative is established by ORS 327.825 to

ORS 289.250

289.250�� Limitation on income tax exemption for interest on revenue bonds

GENERAL PROVISIONS

�� 289.005 Definitions for ORS chapter 289. (1) As used in this chapter, unless the context requires otherwise:

�� (a) �Authority� means the Oregon Facilities Authority created by this chapter.

�� (b) �Bonds� or �revenue bonds� means revenue bonds, as defined in ORS 286A.001.

�� (c) �Cost� means the cost of:

�� (A) Construction, acquisition, alteration, enlargement, reconstruction and remodeling of a project, including all lands, structures, real or personal property, rights, rights of way, air rights, franchises, easements and interests acquired or used for or in connection with a project;

�� (B) Demolition or removal of buildings or structures on land as acquired, including the cost of acquiring lands to which the buildings or structures may be moved;

�� (C) All machinery and equipment;

�� (D) Financing charges, interest prior to, during and for a period after completion of construction and acquisition, reasonably required amounts to make the project operational, provisions for reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements;

�� (E) Architectural, actuarial engineering, financial and legal services, plans specifications, studies, surveys, estimates of costs and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project;

�� (F) Management, operation or funding of a qualified program; and

�� (G) Other expenses that are necessary or incident to a project, the financing of the project or the placing of the project in operation.

�� (d) �Cultural institution� means a public or nonprofit institution within this state which engages in the cultural, intellectual, scientific, environmental, educational or artistic enrichment of the people of this state. �Cultural institution� includes, without limitation, aquaria, botanical societies, historical societies, land conservation organizations, libraries, museums, performing arts associations or societies, scientific societies, wildlife conservation organizations and zoological societies. �Cultural institution� does not mean any school or any institution primarily engaged in religious or sectarian activities.

�� (e) �Health care institution� means a public or nonprofit organization within this state that provides health care and related services, including but not limited to the provision of inpatient and outpatient care, diagnostic or therapeutic services, laboratory services, medicinal drugs, nursing care, assisted living, elderly care and housing, including retirement communities, and equipment used or useful for the provision of health care and related services.

�� (f) �Housing institution� means a public or nonprofit organization within this state that provides decent, affordable housing to low-income persons.

�� (g) �Institution� means a cultural institution, a health care institution, a housing institution, an institution for higher education, an institution for prekindergarten through grade 12 education, a school for persons with disabilities or another nonprofit.

�� (h) �Institution for higher education� means a public or nonprofit educational institution within this state authorized by law to provide a program of education beyond the high school level, including community colleges and associate degree granting institutions. �Institution for higher education� does not mean any school or any institution primarily engaged in religious or sectarian activities.

�� (i) �Institution for prekindergarten through grade 12 education� means a provider under the Oregon Prenatal to Kindergarten Program as defined in ORS 329.175, a public educational institution within this state authorized by law to provide a program of education for kindergarten through grade 12 or a nonprofit educational institution within this state that provides a program of education for prekindergarten through grade 12 as a private school. �Institution for prekindergarten through grade 12 education� does not mean a school or institution primarily engaged in religious or sectarian activities.

�� (j) �Nonprofit� means an institution, organization or entity within this state exempt from taxation under section 501(c)(3) of the Internal Revenue Code as defined in 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 293.445

293.445. After payment of administration expenses incurred by the department in the administration of ORS 465.101 to 465.131 and of refunds or credits arising from erroneous overpayments, the balance of the money shall be credited to the appropriate accounts as approved by the Legislative Assembly to carry out the state�s oil, hazardous material and hazardous substance emergency response program as it relates to the maintenance, operation and use of the public highways, roads, streets and roadside rest areas in this state as allowed by section 3a, Article IX of the Oregon Constitution. [1989 c.833 �147; 1989 c.935 �4; 1993 c.707 �1]

�� 465.130 [Repealed by 1989 c.846 �15]

�� 465.131 Fee imposed by ORS 465.104 in addition to fees established by local government. The fee imposed by ORS 465.104 is in addition to all other state, county or municipal fees on a petroleum product. [1989 c.833 �148]

�� 465.140 [Amended by 1989 c.846 �12; renumbered 105.570 in 1989]

�� 465.150 [Amended by 1953 c.540 �5; repealed by 1989 c.846 �15]

�� 465.155 [1953 c.540 �4; repealed by 1989 c.846 �15]

�� 465.160 [Repealed by 1989 c.846 �15]

�� 465.170 [Repealed by 1989 c.846 �15]

�� 465.180 [Repealed by 1989 c.846 �15]

REMOVAL OR REMEDIAL ACTION

(Generally)

�� 465.200 Definitions. As used in ORS 465.200 to 465.485 and 465.900:

�� (1) �Claim� means a demand in writing for a sum certain.

�� (2) �Commission� means the Environmental Quality Commission.

�� (3) �Department� means the Department of Environmental Quality.

�� (4) �Director� means the Director of the Department of Environmental Quality.

�� (5) �Environment� includes the waters of the state, any drinking water supply, any land surface and subsurface strata and ambient air.

�� (6) �Facility� means any building, structure, installation, equipment, pipe or pipeline including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, above ground tank, underground storage tank, motor vehicle, rolling stock, aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located and where a release has occurred or where there is a threat of a release, but does not include any consumer product in consumer use or any vessel.

�� (7) �Fund� means the Hazardous Substance Remedial Action Fund established by ORS 465.381.

�� (8) �Guarantor� means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under ORS 465.200 to 465.485 and 465.900.

�� (9) �Hazardous substance� means:

�� (a) Hazardous waste as defined in ORS 466.005.

�� (b) Any substance defined as a hazardous substance pursuant to section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act, P.L. 96-510, as amended, and P.L. 99-499.

�� (c) Oil.

�� (d) Any substance designated by the commission under ORS 465.400.

�� (10) �Natural resources� includes but is not limited to land, fish, wildlife, biota, air, surface water, ground water, drinking water supplies and any other resource owned, managed, held in trust or otherwise controlled by the State of Oregon or a political subdivision of the state.

�� (11) �Oil� includes gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge or refuse and any other petroleum-related product, or waste or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and pressure of 14.7 pounds per square inch absolute.

�� (12) �Owner or operator� means any person who owned, leased, operated, controlled or exercised significant control over the operation of a facility. �Owner or operator� does not include a person, who, without participating in the management of a facility, holds indicia of ownership primarily to protect a security interest in the facility.

�� (13) �Person� means an individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state and any agency thereof, political subdivision of the state, interstate body or the federal government including any agency thereof.

�� (14) �Release� means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment including the abandonment or discarding of barrels, containers and other closed receptacles containing any hazardous substance, or threat thereof, but excludes:

�� (a) Any release that results in exposure to a person solely within a workplace, with respect to a claim that the person may assert against the person�s employer under ORS chapter 656;

�� (b) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine;

�� (c) Any release of source, by-product or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, as amended, if the release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of the Atomic Energy Act of 1954, as amended, or, for the purposes of ORS 465.260 or any other removal or remedial action, any release of source by-product or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978; and

�� (d) The normal application of fertilizer.

�� (15)(a) �Remedial action� means those actions consistent with a permanent remedial action taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of a hazardous substance so that it does not migrate to cause substantial danger to present or future public health, safety, welfare or the environment.

�� (b) �Remedial action� includes, but is not limited to:

�� (A) Such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative drinking and household water supplies, and any monitoring reasonably required to assure that the actions protect the public health, safety, welfare and the environment.

�� (B) Offsite transport and offsite storage, treatment, destruction or secure disposition of hazardous substances and associated, contaminated materials.

�� (C) Such actions as may be necessary to monitor, assess, evaluate or investigate a release or threat of release.

�� (16) �Remedial action costs� means reasonable costs which are attributable to or associated with a removal or remedial action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies.

�� (17) �Removal� means the cleanup or removal of a released hazardous substance from the environment, such actions as may be necessary taken in the event of the threat of release of a hazardous substance into the environment, such actions as may be necessary to monitor, assess and evaluate the release or threat of release of a hazardous substance, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize or mitigate damage to the public health, safety, welfare or to the environment, that may otherwise result from a release or threat of release. �Removal� also includes but is not limited to security fencing or other measures to limit access, provision of alternative drinking and household water supplies, temporary evacuation and housing of threatened individuals and action taken under ORS 465.260.

�� (18) �Transport� means the movement of a hazardous substance by any mode, including pipeline and in the case of a hazardous substance that has been accepted for transportation by a common or contract carrier, the term �transport� shall include any stoppage in transit that is temporary, incidental to the transportation movement, and at the ordinary operating convenience of a common or contract carrier, and any such stoppage shall be considered as a continuity of movement and not as the storage of a hazardous substance.

�� (19) �Underground storage tank� has the meaning given that term in ORS 466.706.

�� (20) �Waters of the state� has the meaning given that term in ORS 468B.005. [Formerly 466.540; 1995 c.427 �1; 2001 c.495 �19; 2003 c.407 ��23,24; 2023 c.262 �3]

�� 465.205 Legislative findings. (1) The Legislative Assembly finds that:

�� (a) The release of a hazardous substance into the environment may present an imminent and substantial threat to the public health, safety, welfare and the environment; and

�� (b) The threats posed by the release of a hazardous substance can be minimized by prompt identification of facilities and implementation of removal or remedial action.

�� (2) Therefore, the Legislative Assembly declares that:

�� (a) It is in the interest of the public health, safety, welfare and the environment to provide the means to minimize the hazards of and damages from facilities.

�� (b) It is the purpose of ORS 465.200 to 465.485 and 465.900 to:

�� (A) Protect the public health, safety, welfare and the environment; and

�� (B) Provide sufficient and reliable funding for the Department of Environmental Quality to expediently and effectively authorize, require or undertake removal or remedial action to abate hazards to the public health, safety, welfare and the environment. [Formerly 466.547]

�� 465.210 Authority of department for removal or remedial action. (1) In addition to any other authority granted by law, the Department of Environmental Quality may:

�� (a) Undertake independently, in cooperation with others or by contract, investigations, studies, sampling, monitoring, assessments, surveying, testing, analyzing, planning, inspecting, training, engineering, design, construction, operation, maintenance and any other activity necessary to conduct removal or remedial action and to carry out the provisions of ORS 465.200 to 465.485 and 465.900; and

�� (b) Recover the state�s remedial action costs.

�� (2) The Environmental Quality Commission and the department may participate in or conduct activities pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 99-499, and the corrective action provisions of Subtitle I of the federal Solid Waste Disposal Act, as amended, P.L. 96-482 and P.L. 98-616. Such participation may include, but need not be limited to, entering into a cooperative agreement with the United States Environmental Protection Agency.

�� (3) Nothing in ORS 465.200 to 465.485 and 465.900 shall restrict the State of Oregon from participating in or conducting activities pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 99-499. [Formerly 466.550]

�� 465.215 List of facilities with confirmed release. (1) For the purposes of providing public information, the Director of the Department of Environmental Quality shall develop and maintain a list of all facilities with a confirmed release as defined by the Environmental Quality Commission under ORS 465.405.

�� (2) The director shall make the list available for the public at the offices of the Department of Environmental Quality.

�� (3) The list shall include but need not be limited to the following items, if known:

�� (a) A general description of the facility;

�� (b) Address or location;

�� (c) Time period during which a release occurred;

�� (d) Name of the current owner and operator and names of any past owners and operators during the time period of a release of a hazardous substance;

�� (e) Type and quantity of a hazardous substance released at the facility;

�� (f) Manner of release of the hazardous substance;

�� (g) Levels of a hazardous substance, if any, in ground water, surface water, air and soils at the facility;

�� (h) Status of removal or remedial actions at the facility; and

�� (i) Other items the director determines necessary.

�� (4) At least 60 days before a facility is added to the list the director shall notify by certified mail or personal service the owner and operator, if known, of all or any part of the facility that is to be included in the list. The notice shall inform the owner and operator that the owner and operator may comment on the decision of the director to add the facility to the list within 45 days of receiving the notice. The decision of the director to add a facility to the list is not appealable to the Environmental Quality Commission or subject to judicial review under ORS chapter 183. [Formerly 466.557]

�� 465.220 Comprehensive statewide identification program; notice. (1) The Department of Environmental Quality shall develop and implement a comprehensive statewide program to identify any release or threat of release from a facility that may require remedial action.

�� (2) The department shall notify all daily and weekly newspapers of general circulation in the state and all broadcast media of the program developed under subsection (1) of this section. The notice shall include information about how the public may provide information on a release or threat of release from a facility.

�� (3) In developing the program under subsection (1) of this section, the department shall examine, at a minimum, any industrial or commercial activity that historically has been a major source in this state of releases of hazardous substances.

�� (4) The department shall include information about the implementation and progress of the program developed under subsection (1) of this section in the report required under ORS 465.235. [Formerly 466.560]

�� 465.225 Inventory of facilities needing environmental controls; preliminary assessment; notice to operator; criteria for adding facilities to inventory. (1) For the purpose of providing public information, the Director of the Department of Environmental Quality shall develop and maintain an inventory of all facilities for which:

�� (a) A confirmed release is documented by the department; and

�� (b) The director determines that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare or the environment.

�� (2) The determination that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed under subsection (1) of this section shall be based upon a preliminary assessment approved or conducted by the department.

�� (3) Before the department conducts a preliminary assessment, the director shall notify the owner and operator, if known, that the department is proceeding with a preliminary assessment and that the owner or operator may submit information to the department that would assist the department in conducting a complete and accurate preliminary assessment.

�� (4) At least 60 days before the director adds a facility to the inventory, the director shall notify by certified mail or personal service the owner and operator, if known, of all or any part of the facility that is to be included in the inventory. The decision of the director to add a facility to the inventory is not appealable to the Environmental Quality Commission or subject to judicial review under ORS chapter 183.

�� (5) The notice provided under subsection (4) of this section shall include the preliminary assessment and shall inform the owner or operator that the owner or operator may comment on the information contained in the preliminary assessment within 45 days after receiving the notice. For good cause shown, the department may grant an extension of time to comment. The extension shall not exceed 45 additional days.

�� (6) The director shall consider relevant and appropriate information submitted by the owner or operator in making the final decision about whether to add a facility to the inventory.

�� (7) The director shall review the information submitted and add the facility to inventory if the director determines that a confirmed release has occurred and that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare or the environment. [1989 c.485 �3]

�� 465.230 Removal of facilities from inventory; criteria. (1) According to rules adopted by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall remove a facility from the list or inventory, or both, if the director determines:

�� (a) Actions taken at the facility have attained a degree of cleanup and control of further release that assures protection of present and future public health, safety, welfare and the environment;

�� (b) No further action is needed to assure protection of present and future public health, safety, welfare and the environment; or

�� (c) The facility satisfies other appropriate criteria for assuring protection of present and future public health, safety, welfare and the environment.

�� (2) The director shall not remove a facility if continuing environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare and the environment, so long as such controls are related to removal or remedial action. [1989 c.485 �4]

�� 465.235 Public inspection of inventory; information included in inventory; organization; report; action plan. (1) The Director of the Department of Environmental Quality shall make the inventory available to the public at the office of the Department of Environmental Quality.

�� (2) The inventory shall include but need not be limited to:

�� (a) The following information, if known:

�� (A) A general description of the facility;

�� (B) Address or location;

�� (C) Time period during which a release occurred;

�� (D) Name of current owner and operator and names of any past owners and operators during the time period of a release of a hazardous substance;

�� (E) Type and quantity of a hazardous substance released at the facility;

�� (F) Manner of release of the hazardous substance;

�� (G) Levels of a hazardous substance, if any, in ground water, surface water, air and soils at the facility;

�� (H) Hazard ranking and narrative information regarding threats to the environment and public health;

�� (I) Status of removal or remedial actions at the facility; and

�� (J) Other items the director determines necessary; and

�� (b) Information that indicates whether the remedial action at the facility will be funded primarily by:

�� (A) The department through the use of moneys in the Hazardous Substance Remedial Action Fund;

�� (B) An owner or operator or other person under an agreement, order or consent judgment under ORS 465.200 to 465.485; or

�� (C) An owner or operator or other person under other state or federal authority.

�� (3) The department may organize the inventory into categories of facilities, including but not limited to the types of facilities listed in subsection (2) of this section.

�� (4) On or before January 15 of each year, the department shall submit the inventory and a report to the Governor, the Legislative Assembly and the Environmental Quality Commission. The annual report shall include a quantitative and narrative summary of the department�s accomplishments during the previous fiscal year and the department�s goals for the current fiscal year, including but not limited to each of the following areas:

�� (a) Facilities with a suspected release added to the department�s database;

�� (b) Facilities with a confirmed release added to the department�s list;

�� (c) Facilities added to and removed from the inventory;

�� (d) Removals initiated and completed;

�� (e) Preliminary assessments initiated and completed;

�� (f) Remedial investigations initiated and completed;

�� (g) Feasibility studies initiated and completed; and

�� (h) Remedial actions, including long-term environmental controls and institutional controls, initiated and completed.

�� (5) Beginning in 1991, and every fourth year thereafter, the report required under subsection (4) of this section shall include a four-year plan of action for those items under subsection (4)(e) to (h) of this section. The four-year plan shall include projections of funding and staffing levels necessary to implement the four-year plan. [1989 c.485 �5; 2003 c.576 �459]

�� 465.240 Inventory listing not prerequisite to other remedial action. Nothing in ORS 465.225 to 465.240,

ORS 293.857

293.857. Interest earned by the fund shall be credited to the fund.

�� (2) The department shall keep a record of all moneys deposited in the fund. 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.

�� (3) The department shall publish annually the record of moneys deposited in and removed from the fund.

�� (4) The department may adopt rules for prioritizing expenditures from the fund for the purposes specified in ORS 196.650. [Formerly 541.577; 2003 c.738 �10; 2009 c.343 �9]

�� 196.643 Payments to comply with permit condition, authorization or resolution of violation; report; rules. (1) A person who provides off-site compensatory mitigation in order to comply with a condition imposed on a permit in accordance with ORS 196.825 (5), an authorization issued in accordance with ORS 196.800 to 196.921 or a resolution of a violation of ORS 196.800 to 196.921 may make a payment for credits to an approved mitigation bank with available credits or to the Oregon Removal-Fill Mitigation Fund.

�� (2) Any payments for off-site compensatory mitigation made to the Oregon Removal-Fill Mitigation Fund under subsection (1) of this section must be sufficient to cover the costs and expenses of land acquisition, project design and engineering, construction, planting, monitoring, maintenance, long-term management and protection activities, administration and other costs and expenses related to the off-site compensatory mitigation, which may vary depending on the region of this state where the off-site compensatory mitigation is conducted, and shall be calculated by the Department of State Lands as follows:

�� (a) If the off-site compensatory mitigation project and project costs and expenses are identified at the time of payment to the Oregon Removal-Fill Mitigation Fund, the department shall calculate the payment based on the actual costs and expenses of the off-site compensatory mitigation.

�� (b) If the off-site compensatory mitigation project and project costs and expenses are not identified at the time of payment to the Oregon Removal-Fill Mitigation Fund, the department shall calculate the payment based on the estimate of costs and expenses for off-site compensatory mitigation, as set forth in rules adopted by the department, for the region of this state where the department, to the greatest extent practicable, determines the off-site compensatory mitigation may be conducted.

�� (3) No later than December 1 of each year, the Director of the Department of State Lands shall submit to the Legislative Assembly and the State Land Board a detailed report that specifies:

�� (a) The costs and expenses related to off-site compensatory mitigation, including variations and trends in costs and expenses over time.

�� (b) Efforts undertaken by the department to reduce the costs and expenses specified in paragraph (a) of this subsection.

�� (c) Efforts undertaken by the department to improve efficiencies of the department related to off-site compensatory mitigation.

�� (d) The effectiveness of the July 2010 �Oregon Rapid Wetland Assessment Protocol� of the department in protecting the functions and values of wetlands through off-site compensatory mitigation. [2003 c.738 �22; 2007 c.849 �11; 2009 c.343 �10; 2011 c.370 �3; 2013 c.257 �1; 2015 c.343 �1; 2019 c.652 �3]

�� 196.645 Sources of fund. The following moneys shall be paid into the Oregon Removal-Fill Mitigation Fund:

�� (1) Any moneys appropriated for that purpose by the Legislative Assembly;

�� (2) Moneys received from conditions imposed on a permit, authorizations or resolutions of violations, except civil penalties, involving compensatory mitigation in which the Department of State Lands is the party responsible for the compensatory mitigation;

�� (3) Moneys awarded for such purposes as specifically stipulated under grants through the federal Emergency Wetlands Resources Act of 1986, P.L. 99-645, or the federal Coastal Zone Management Act of 1972, 16 U.S.C. 1451 et seq., as amended;

�� (4) Moneys obtained by gift, bequest, donation or grant from any other public or private source for the purposes of ORS 196.600 to 196.655 or 196.800 to 196.921;

�� (5) Repayment of moneys from the fund, including interest on such moneys; and

�� (6) Moneys obtained from interest or other earnings from investments of moneys in the fund. [Formerly 541.580; 1999 c.59 �50; 2003 c.738 �11; 2009 c.343 �11]

�� 196.650 Use of fund. The Department of State Lands may use the moneys in the Oregon Removal-Fill Mitigation Fund for the following purposes:

�� (1) For the voluntary acquisition of land or interests therein suitable for use in mitigation banks.

�� (2) To pay for specific projects to create, restore, enhance or preserve water resources of this state for purposes of carrying out the provisions of ORS 196.600 to

ORS 294.125

294.125, 294.316, 646.740 and 777.755 to 777.800.

�� (5) �Export trading project� means a transaction or arrangement for the purchase, sale, exchange or delivery of goods or services in international trade or commerce.

�� (6) �Port� means a municipal corporation formed under ORS 777.005 to 777.725, 777.915 to 777.953 and 777.990 or ORS chapter 778.

�� (7) �Services� includes, but is not limited to, architectural, automatic data processing, business, communications, consulting, engineering, financial, insurance, legal, management, product research and design, repair, training and transportation services. [1983 c.200 �2; 2007 c.804 �81]

�� 777.763 Export trading corporation; formation by port; hearing; dissolution of corporation. (1) Any port may form an export trading corporation. Proceedings to form an export trading corporation shall be initiated by a resolution adopted by the commissioners of the port proposing the formation of an export trading corporation and fixing a time and place for a public hearing on the resolution. The hearing shall be held not less than 30 days after adoption of the resolution.

�� (2) Notice of the public hearing shall be published in one or more newspapers of general circulation within the port not less than 15 days prior to the date fixed for the public hearing.

�� (3) Any person may appear at the public hearing and present oral or written statements for or against the proposal to form an export trading corporation.

�� (4) After the public hearing, if the commissioners of the port determine the formation of an export trading corporation would promote the purposes of ORS 294.125, 294.316,

ORS 30.700

30.700); 1999 c.707 �1; 2011 c.449 �1]

�� 30.710 [Amended by 1961 c.344 �103; repealed by 1973 c.640 �1]

�� 30.715 Successive actions or suits. Successive actions or suits may be maintained upon the same contract or transaction, whenever, after the former action or suit, a new cause of action or suit arises therefrom. [Formerly 11.030]

�� 30.720 [Repealed by 1973 c.640 �1; amended by 1973 c.823 ��88,155]

�� 30.725 [Repealed by 1974 c.36 �28]

�� 30.730 [Repealed by 1979 c.801 �4]

�� 30.740 Right of gambling loser to recover double losses. All persons losing money or anything of value at or on any unlawful game described in ORS 167.117, 167.122 and 167.127 shall have a cause of action to recover from the dealer winning the same, or proprietor for whose benefit such game was played or dealt, or such money or thing of value won, twice the amount of the money or double the value of the thing so lost. [Amended by 1971 c.743 �308; 1977 c.850 �4]

�� 30.750 Liability of abstractors. Any person who, after May 24, 1923, certifies to any abstract of title to any land in Oregon, shall be liable for all damages sustained by any person who, in reliance on the correctness thereof, acts thereon with reference to the title of such land, and is damaged in consequence of any errors, omissions or defects therein, regardless of whether the abstract of title was ordered by the person so damaged. Nothing in this section shall be construed to prevent the maker of any abstract of title to land from limiting in the certificate to the abstract the liability of the maker thereunder to any person named in such certificate, but such limitation of liability must be expressly set forth in the certificate.

�� 30.760 [Amended by 1953 c.565 �2; renumbered 30.150]

�� 30.765 Liability of parents for tort by child; effect on foster parents. (1) In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for actual damages to person or property caused by any tort intentionally or recklessly committed by such child. However, a parent who is not entitled to legal custody of the minor child at the time of the intentional or reckless tort shall not be liable for such damages.

�� (2) The legal obligation of the parent or parents of an unemancipated minor child to pay damages under this section shall be limited to not more than $7,500, payable to the same claimant, for one or more acts.

�� (3) When an action is brought under this section on parental responsibility for acts of their children, the parents shall be named as defendants therein and, in addition, the minor child shall be named as a defendant. The filing of an answer by the parents shall remove any requirement that a guardian ad litem be required.

�� (4) Nothing in subsections (1) to (3) of this section applies to foster parents. [1975 c.712 ��1,4; 1977 c.419 �1; 1991 c.968 �5]

�� 30.770 [1959 c.310 �1; 1965 c.587 �1; 1973 c.827 �8; repealed by 1975 c.712 �5]

�� 30.772 Liability of landowner arising out of aviation activity; exceptions. (1) As used in this section:

�� (a) �Airstrip� means land that contains a runway or heliport operated and maintained for the takeoff and landing of motorized aircraft and that is registered with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.

�� (b) �Aviation activity� includes but is not limited to hang gliding, parachuting, paragliding and operating airplanes or ultralight aircraft.

�� (c) �Charge� has the meaning given that term in ORS 105.672.

�� (d) �Land� has the meaning given that term in ORS 105.672.

�� (e) �Nonpublic airstrip� means an airstrip that is registered as a private use airport with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.

�� (f) �Owner� has the meaning given that term in ORS 105.672.

�� (g) �Public airstrip� means an airstrip that is not a nonpublic airstrip.

�� (2) An owner of land is not liable for any personal injury, death or property damage arising from the use of land for purposes of aviation activity, unless the owner intentionally causes the injury, death or property damage.

�� (3) Subsection (2) of this section does not apply to any of the following:

�� (a) An owner of a public airstrip.

�� (b) An owner of a nonpublic airstrip if:

�� (A) The owner is contacted by the operator of a motorized aircraft prior to the beginning of the aircraft�s flight;

�� (B) The owner provides permission to the operator to use the owner�s land for activities related to the aircraft�s flight; and

�� (C) Gross negligence of the owner causes injury, death or property damage related to the aircraft�s flight.

�� (c) An owner of land who imposes a charge for the use of the land for aviation purposes. [2015 c.308 �1]

�� 30.774 Indemnification of property owner that allows nonprofit organization or educational provider to use property. (1) As used in this section, �educational provider� means a public or private elementary or secondary school or an education service district.

�� (2) A property owner that enters into a contract to allow a nonprofit organization or an educational provider to use the property owner�s property or facilities may not require in any separate agreement any individual to indemnify the property owner for damages not caused by the individual while the nonprofit organization or educational provider and the individual use the property or facilities.

�� (3) This section does not prohibit a property owner from requiring a nonprofit organization or educational provider to indemnify the property owner for damages caused by the organization�s or provider�s use of the property or facilities. [2015 c.749 �1]

�� 30.780 Liability for damages caused by gambling. Any person violating ORS 167.108 to 167.164 shall be liable in a civil suit for all damages occasioned thereby. [1959 c.681 �3; 1971 c.743 �309]

�� 30.785 Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards. (1) A construction design professional who is retained to perform professional services on a construction project, or an employee of the construction design professional in the performance of professional services on the construction project, shall not be liable for any injury to a worker on the construction project that is a compensable injury under ORS chapter 656 and that results from the failure of the employer of the worker to comply with safety standards on the construction project unless the construction design professional by contract specifically assumes responsibility for compliance with those safety standards. The immunity provided by this section to a construction design professional shall not apply to the negligent preparation of design plans or specifications.

�� (2) As used in this section, �construction design professional� means an architect, registered landscape architect, professional engineer or professional land surveyor. [1987 c.915 �12]

�� 30.788 Liability of architect, engineer, inspector or building evaluator for emergency relief services. (1) An action for damages arising out of the practice of architecture, as defined in ORS 671.010, may not be maintained by any person against an architect for services rendered by the architect under the provisions of this section.

�� (2) An action for damages arising out of the practice of engineering, as described in 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 308.225

308.225. [1975 c.782 �10; 1991 c.459 �421; 2001 c.215 �16; subsection (6) of 2001 Edition enacted as 2001 c.138 �40]

�� 523.420 Disposal of taxes levied by invalid district. When an attempt has been made to organize a district under the provisions of this chapter and subsequently by a judgment of a court it has been declared that the organization is invalid, but prior to such judgment the invalid organization has levied taxes, the funds derived from the levy shall be disposed of as follows:

�� (1) If the area embraced in the invalid organization is embraced in a subsequently created organization composed of unincorporated or incorporated territory, or combinations thereof, for the purpose of furnishing geothermal heat to the inhabitants thereof, the custodian of the taxes collected for the invalid organization shall turn them over to the subsequent organization to be used only for the purpose of furnishing geothermal heat to such inhabitants.

�� (2) If the subsequent organization does not embrace all territory embraced in the invalid organization, such taxes as have been collected from the levy upon property in areas not embraced in the subsequent organization shall be refunded to the payers thereof by the custodian of the taxes before the balance is turned over to the subsequent organization.

�� (3) If no such subsequent organization is created to provide geothermal heat for the inhabitants of such an area, within a period of two years after the entry of the judgment of invalidation, the taxes collected shall be refunded by the custodian of them to the taxpayers who paid them. [1975 c.782 �4; 2003 c.576 �468]

BONDS

�� 523.460 General obligation bonds; limit; issuance; maturity; interest; election; pledge of revenue. (1) For the purpose of carrying into effect all or any powers granted by this chapter, the district, when authorized at any properly called election held for that purpose, may borrow money and sell and dispose of general obligation bonds. Except as otherwise provided by this section, the bonds shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207.

�� (2) The bonds shall be issued from time to time by the board of commissioners in behalf of the district as authorized by the voters, and may be issued in an amount not to exceed one-half of one percent of the real market value referred to in subsection (1) of this section without the approval of the electors. The bonds shall mature serially within not to exceed 30 years from issue date, and shall bear interest not exceeding seven percent per annum payable semiannually as the board shall determine. The bonds shall be so conditioned that the district agrees to pay to the bearer, at a place named, the principal sum of the bonds with interest at the rate named, payable semiannually in accordance with the tenor and terms of the interest coupons attached.

�� (3) If the district has within its corporate limits a population of 300 or over, it may issue bonds in an amount which shall not exceed in the aggregate 10 percent of the real market value referred to in subsection (1) of this section.

�� (4) For the purpose of additionally securing the payment of the principal and interest on general obligation bonds issued under this section, the district may, by resolution of its board which shall constitute part of the contract with the holders of the bonds, pledge all or any part of the net revenue of its geothermal heating system. The board may adopt such a resolution without submitting the question of the pledge to the electors of the district. [1975 c.782 �6; 1977 c.188 �7; 1983 c.347 �29; 1991 c.459 �422; 2001 c.215 �17]

�� 523.470 Revenue bonds; terms; issuance. In addition to the authority to issue general obligation bonds, the district, when authorized at any properly called election, shall have the power to sell and dispose of revenue bonds, and to pledge as security therefor all or any part of the unobligated net revenue of the district or system, to purchase, acquire, lay out, construct, reconstruct, extend, enlarge or improve a geothermal heating system, for the purpose of obtaining geothermal heating for the use of consumers, within or without the boundaries of the district. The revenue bonds 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 bond 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. [1975 c.782 �7]

�� 523.480 Refunding bonds. Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution duly adopted by the board of commissioners without submitting to the electors the question of authorizing the issuance of such bonds. [1975 c.782 �8]

�� 523.490 Issuance of bonds. All general obligation and revenue bonds, including refunding bonds, authorized under ORS 523.460 to 523.480 shall be issued as prescribed in ORS chapter 287A. [1975 c.782 �9; 2007 c.783 �212]

DISSOLUTION

�� 523.510 Assumption of debts and obligations of district upon dissolution. (1) A city may enter into a written agreement with a geothermal heating district contemplating dissolution undertaking to assume, in the event of such dissolution, all of the outstanding debts and obligations of the district and to continue to furnish geothermal heat to the inhabitants of the dissolving district for domestic and municipal use for a term therein specified, not to exceed 25 years. Subject to the provisions of this section, the successor city shall, if the dissolution is approved, have the powers and assume the responsibilities of geothermal heating districts under this chapter. Any person entitled to geothermal heating service within the area of the dissolved district has the same remedies at law or in equity to enforce the rights to geothermal heating service as are available to enforce the right to geothermal heating service within the district.

�� (2) The successor city or district shall furnish geothermal heat to persons owning or occupying property within the dissolved district on the same terms and conditions as in the case of those owning or occupying property within the city, or elsewhere within the district. If the district assets and obligations are transferred to a city, the city may charge a rate for the service that is no more than the rate which is uniformly applied to all users in similar classifications outside the city. No such differential rate may be charged, however, unless such a differential is provided for, and specifically limited, by the terms of the agreement made prior to the dissolution. Nothing in this section authorizes a city to levy an ad valorem real property tax on property outside the city or district.

�� (3) Any debts or obligations assumed by the successor city by reason of, or during the period of, its commitment under the agreement shall bind the city until they are fully paid and discharged. No contract shall be effective unless all of the terms thereof are reduced to writing, signed by the entities and filed with the county clerk. [1975 c.782 �47]

ADMINISTRATION

�� 523.610 Board; election; authority; term; vacancy. (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 registered in the district. Except as provided by subsection (2) of this section, each commissioner shall be elected for a term of four years.

�� (2) Not later than the 40th day 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 as follows:

�� (a) The terms of two commissioners shall expire June 30 next following the first regular district election; and

�� (b) The terms of the other 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. [1975 c.782 �36; 1983 c.83 �99; 1983 c.350 �295]

�� 523.620 [1975 c.782 �37; repealed by 1983 c.350 �331]

�� 523.625 Election laws applicable. (1) ORS chapter 255 governs the following:

�� (a) The nomination and election of commissioners.

�� (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. [1983 c.350 �298]

�� 523.630 Meetings; officers; quorum; employees; employee benefits. (1) The board of commissioners shall hold meetings at such time and place within the district as it may determine. The board shall hold at least one regular meeting in each month on a day to be fixed by it, and may hold special meetings under such rules as it may make.

�� 523.640 Special election. The board of commissioners at any regular meeting may call a special election of the electors of the district. [1975 c.782 �38]

�� 523.650 [1975 c.782 �40; repealed by 1983 c.350 �331]

�� 523.660 District funds; deposit; records. (1) Moneys of a district shall be deposited in accordance with ORS 295.001 to

ORS 31.260

31.260 to 31.278 to an appropriate committee or interim committee of the Legislative Assembly. [2013 c.5 �9; 2025 c.405 �18]

�� 31.278 Use of information relating to notice of adverse health care incident. (1) The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276. Information disclosed under this subsection may not identify a health care facility, health care provider or patient involved in the adverse health care incident.

�� (2) The commission may not disclose any information provided pursuant to a discussion under ORS 31.264 to a regulatory agency or licensing board.

�� (3) The commission may use and disclose information provided pursuant to a discussion under ORS 31.264 as necessary to assist a health care facility or health care provider involved in an adverse health care incident in determining the cause of and potential mitigation of the incident. If the commission discloses information under this subsection to a person not involved in the incident, the information may not identify a health care facility, health care provider or patient involved in the incident.

�� (4) A regulatory agency, licensing board, health care facility, health insurer or credentialing entity may not ask the commission, a health care facility, a health care provider or other person whether a facility or provider has filed a notice of adverse health care incident or use the fact that a notice of adverse health care incident was filed as the basis of disciplinary, regulatory, licensure or credentialing action. This subsection does not prevent a person from using information, if the information is otherwise available, to engage in quality review of patient care or as the basis of imposing a restriction, limitation, loss or denial of privileges on a health care provider or other action against a health care provider based on a finding of medical incompetence, unprofessional conduct, physical incapacity or impairment. [2013 c.5 �10]

�� 31.280 [2013 c.5 �17; repealed by 2025 c.405 �17]

(Actions Against Design Professionals)

�� 31.300 Pleading requirements for actions against design professionals. (1) As used in this section, �design professional� means an architect, landscape architect, professional engineer or professional land surveyor registered under ORS chapter 671 or 672 or licensed to practice as an architect, landscape architect, professional engineer or professional land surveyor in another state.

�� (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim against a design professional that arises out of the provision of services within the course and scope of the activities for which the person is registered or licensed may not be filed unless the claimant�s attorney certifies that the attorney has consulted a design professional with similar credentials who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the design professional. The certification must contain a statement that a design professional with similar credentials who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, is available and willing to testify that:

�� (a) The alleged conduct of the design professional failed to meet the standard of professional skill and care ordinarily provided by other design professionals with similar credentials, experience and expertise and practicing under the same or similar circumstances; and

�� (b) The alleged conduct was a cause of the claimed damages, losses or other harm.

�� (3) In lieu of providing the certification described in subsection (2) of this section, the claimant�s attorney may file with the court at the time of filing a complaint, cross-claim, counterclaim or third-party complaint an affidavit that states:

�� (a) The applicable statute of limitations is about to expire;

�� (b) The certification required under subsection (2) of this section will be filed within 30 days after filing the complaint, cross-claim, counterclaim or third-party complaint or such longer time as the court may allow for good cause shown; and

�� (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one registered or licensed design professional who is qualified to testify as to the standard of professional skill and care applicable to the alleged facts, as required by subsection (2) of this section.

�� (4) Upon motion of the design professional, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any design professional that fails to comply with the requirements of this section.

�� (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a design professional by any plaintiff who:

�� (a) Is a design professional, contractor, subcontractor or other person providing labor, materials or services for the real property improvement that is the subject of the claim;

�� (b) Is the owner, lessor, lessee, renter or occupier of the real property improvement that is the subject of the claim;

�� (c) Is involved in the operation or management of the real property improvement that is the subject of the claim;

�� (d) Has contracted with or otherwise employed the design professional; or

�� (e) Is a person for whose benefit the design professional performed services. [2003 c.418 �1; 2015 c.610 �1]

(Actions Against Real Estate Licensees)

�� 31.350 Pleading requirements for actions against real estate licensees. (1) As used in this section, �real estate licensee� has the meaning given that term in ORS 696.010.

�� (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the professional real estate activity for which the individual is licensed may not be filed unless the claimant�s attorney certifies that the attorney has consulted a real estate licensee who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the real estate licensee. The certification required by this section must be filed with or be made part of the original complaint, cross-claim, counterclaim or third-party complaint. The certification must contain a statement that a real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, is available and willing to testify that:

�� (a) The alleged conduct of the real estate licensee failed to meet the standard of professional care applicable to the real estate licensee in the circumstances alleged; and

�� (b) The alleged conduct was a cause of the claimed damages, losses or other harm.

�� (a) The applicable statute of limitations is about to expire;

�� (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, as required by subsection (2) of this section.

�� (4) Upon motion of the real estate licensee, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any real estate licensee who fails to comply with the requirements of this section.

�� (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a real estate licensee by any plaintiff who:

�� (a) Has contracted with or otherwise employed the real estate licensee; or

�� (b) Is a person for whose benefit the real estate licensee performed services. [2005 c.277 �1; 2007 c.319 �25]

(Actions Arising From Injuries Caused by Dogs)

�� 31.360 Proof required for claim of economic damages in action arising from injury caused by dog. (1) For the purpose of establishing a claim for economic damages, as defined in ORS 31.705, in an action arising from an injury caused by a dog:

�� (a) The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and

�� (b) The owner of the dog may not assert as a defense that the owner could not foresee that the dog would cause the injury.

�� (2) This section does not prevent the owner of a dog that caused an injury from asserting that the dog was provoked, or from asserting any other defense that may be available to the owner.

�� (3) This section does not affect the requirements for an award of punitive damages provided in ORS 31.730 (1). [2007 c.402 �1; 2021 c.478 �6]

(Actions Based on Failure to Conduct Adequate Criminal Records Check)

�� 31.370 Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police. (1) In a claim for negligence based on the defendant�s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police.

�� (2) A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section. [2019 c.424 �2]

ADVANCE PAYMENTS

�� 31.550 �Advance payment� defined. As used in ORS 12.155 and 31.550 to 31.565, �advance payment� means compensation for the injury or death of a person or the injury or destruction of property prior to the determination of legal liability therefor. [Formerly

ORS 310.404

310.404 in 1991]

TAX LIMITATIONS

(1990 Measure 5 Limits on Amount of Tax)

�� 310.140 Legislative findings; definitions. (1) The Legislative Assembly finds that Article XI, section 11b, of the Oregon Constitution, was drafted by citizens and placed before the voters of the State of Oregon by initiative petition. Article XI, section 11b, of the Oregon Constitution, uses terms that do not have established legal meanings and require definition by the Legislative Assembly. Article XI, section 11b, of the Oregon Constitution, was amended by Article XI, section 11 (11), of the Oregon Constitution. This section is intended to interpret the terms of Article XI, section 11b, of the Oregon Constitution, as originally adopted and as amended by Article XI, section 11 (11), of the Oregon Constitution, consistent with the intent of the people in adopting these provisions, so that the provisions of Article XI, section 11b, of the Oregon Constitution, may be given effect uniformly throughout the State of Oregon, with minimal confusion and misunderstanding by citizens and affected units of government. As used in the revenue and tax laws of this state, and for purposes of Article XI, section 11b, of the Oregon Constitution:

�� (a)(A) �Actual cost� means all direct or indirect costs incurred by a government unit in order to deliver goods or services or to undertake a capital construction project. The �actual cost� of providing goods or services to a property or property owner includes the average cost or an allocated portion of the total amount of the actual cost of making a good or service available to the property or property owner, whether stated as a minimum, fixed or variable amount.

�� (B) �Actual cost� includes, but is not limited to, the costs of labor, materials, supplies, equipment rental, property acquisition, permits, engineering, financing, reasonable program delinquencies, return on investment, required fees, insurance, administration, accounting, depreciation, amortization, operation, maintenance, repair or replacement and debt service, including debt service payments or payments into reserve accounts for debt service and payment of amounts necessary to meet debt service coverage requirements.

�� (b) �Assessment for local improvement� means any tax, fee, charge or assessment that does not exceed the actual cost incurred by a unit of government for design, construction and financing of a local improvement.

�� (c) �Bonded indebtedness� means any formally executed written agreement representing a promise by a unit of government to pay to another a specified sum of money, at a specified date or dates at least one year in the future.

�� (d)(A) �Capital construction� means, for bonded indebtedness issued prior to December 5, 1996, and for the proceeds of any bonded indebtedness approved by electors prior to December 5, 1996, that were spent or contractually obligated to be spent prior to June 20, 1997, the construction, modification, replacement, repair, remodeling or renovation of a structure, or addition to a structure, that is expected to have a useful life of more than one year, and includes, but is not limited to:

�� (i) Acquisition of land, or a legal interest in land, in conjunction with the capital construction of a structure.

�� (ii) Acquisition, installation of machinery or equipment, furnishings or materials that will become an integral part of a structure.

�� (iii) Activities related to the capital construction, including planning, design, authorizing, issuing, carrying or repaying interim or permanent financing, research, land use and environmental impact studies, acquisition of permits or licenses or other services connected with the construction.

�� (iv) Acquisition of existing structures, or legal interests in structures, in conjunction with the capital construction.

�� (B) �Capital construction,� for bonded indebtedness issued on or after December 5, 1996, except for the proceeds of any bonded indebtedness approved by electors prior to December 5, 1996, that were spent or contractually obligated to be spent before June 20, 1997, has the meaning given that term in subparagraph (A) of this paragraph except as provided in subparagraphs (C) and (D) of this paragraph.

�� (C) �Capital construction� includes public safety and law enforcement vehicles with a projected useful life of five years or more.

�� (D) �Capital construction� does not include:

�� (i) Maintenance and repairs, the need for which could be reasonably anticipated;

�� (ii) Supplies and equipment that are not intrinsic to the structure; or

�� (iii) Furnishings, unless the furnishings are acquired in connection with the acquisition, construction, remodeling or renovation of a structure, or the repair of a structure that is required because of damage or destruction of the structure.

�� (e)(A) �Capital costs� means costs of land and of other assets having a useful life of more than one year, including costs associated with acquisition, construction, improvement, remodeling, furnishing, equipping, maintenance or repair.

�� (B) �Capital costs� does not include costs of routine maintenance or supplies.

�� (f)(A) �Capital improvements� means, for bonded indebtedness issued prior to December 5, 1996, and for the proceeds of any bonded indebtedness approved by electors before December 5, 1996, that were spent or contractually obligated to be spent before June 20, 1997, land, structures, facilities, personal property that is functionally related and subordinate to real property, machinery, equipment or furnishings having a useful life longer than one year.

�� (B) �Capital improvements,� for bonded indebtedness issued on or after December 5, 1996, except for the proceeds of any bonded indebtedness approved by electors prior to December 5, 1996, that were spent or contractually obligated to be spent before June 20, 1997, has the meaning given that term in subparagraph (A) of this paragraph except as provided in subparagraphs (C) and (D) of this paragraph.

�� (C) �Capital improvements� includes public safety and law enforcement vehicles with a projected useful life of five years or more.

�� (D) �Capital improvements� does not include:

�� (i) Maintenance and repairs, the need for which could be reasonably anticipated;

�� (ii) Supplies and equipment that are not intrinsic to the structure; or

�� (g) �Direct consequence of ownership� means that the obligation of the owner of property to pay a tax arises solely because that person is the owner of the property, and the obligation to pay the tax arises as an immediate and necessary result of that ownership without respect to any other intervening transaction, condition or event.

�� (h)(A) �Exempt bonded indebtedness� means:

�� (i) Bonded indebtedness authorized by a specific provision of the Oregon Constitution;

�� (ii) Bonded indebtedness incurred or to be incurred for capital construction or capital improvements that was issued as a general obligation of the issuing governmental unit on or before November 6, 1990;

�� (iii) Bonded indebtedness incurred or to be incurred for capital construction or capital improvements that was issued as a general obligation of the issuing governmental unit after November 6, 1990, with the approval of the electors of the issuing governmental unit prior to December 5, 1996;

�� (iv) Bonded indebtedness incurred or to be incurred for capital construction or capital improvements if the issuance of the bonds is approved by voters on or after December 5, 1996, in an election that is in compliance with the voter participation requirements of Article XI, section 11 (8), of the Oregon Constitution, or if the issuance of the bonds is approved by voters on or after December 4, 2008, in an election that is in compliance with the voter participation requirements of Article XI, section 11 (8), of the Oregon Constitution, as limited by Article XI, section 11k, of the Oregon Constitution; or

�� (v) Bonded indebtedness incurred or to be incurred for capital costs on or after January 1, 2011, if the issuance of the bonds is approved by voters in an election that is in compliance with the voter participation requirements of Article XI, section 11 (8), of the Oregon Constitution, as limited by Article XI, section 11k, of the Oregon Constitution.

�� (B) �Exempt bonded indebtedness� includes bonded indebtedness issued to refund or refinance any bonded indebtedness described in subparagraph (A) of this paragraph.

�� (i) �Incurred charge� means a charge imposed by a unit of government on property or upon a property owner that does not exceed the actual cost of providing goods or services and that can be controlled or avoided by the property owner because:

�� (A) The charge is based on the quantity of the goods or services used, and the owner has direct control over the quantity;

�� (B) The goods or services are provided only on the specific request of the property owner; or

�� (C) The goods or services are provided by the government unit only after the individual property owner has failed to meet routine obligations of ownership of the affected property, and such action is deemed necessary by an appropriate government unit to enforce regulations pertaining to health or safety.

�� (j) �Local improvement� means a capital construction project, or part thereof, undertaken by a local government, pursuant to ORS 223.387 to 223.399, or pursuant to a local ordinance or resolution prescribing the procedure to be followed in making local assessments for benefits from a local improvement upon the lots that have been benefited by all or a part of the improvement:

�� (A) That provides a special benefit only to specific properties or rectifies a problem caused by specific properties;

�� (B) The costs of which are assessed against those properties in a single assessment upon the completion of the project; and

�� (C) For which the property owner may elect to make payment of the assessment plus appropriate interest over a period of at least 10 years.

�� (k)(A) �Maintenance and repairs, the need for which could be reasonably anticipated� means activities, the type of which may be deducted as an expense under the provisions of the federal Internal Revenue Code, as defined in ORS 305.842, that keep the property in ordinarily efficient operating condition and that do not add materially to the value of the property nor appreciably prolong the life of the property.

�� (B) �Maintenance and repairs, the need for which could be reasonably anticipated� does not include:

�� (i) Maintenance and repair of property that is required by damage, destruction or defect in design, or that was otherwise not reasonably expected at the time the property was constructed or acquired, or the addition of material that is in the nature of the replacement of property and that arrests the deterioration or appreciably prolongs the useful life of the property; and

�� (ii) Street and highway construction, overlay and reconstruction.

�� (L) �Projected useful life� means the useful life, as reasonably estimated by the unit of government undertaking the capital construction or capital improvement project, beginning with the date the property was acquired, constructed or reconstructed and based on the property�s condition at the time the property was acquired, constructed or reconstructed.

�� (m) �Routine obligations of ownership� means a standard of operation, maintenance, use or care of property established by law, or if established by custom or common law, a standard that is reasonable for the type of property affected.

�� (n) �Single assessment� means the complete assessment process, including preassessment, assessment or reassessment, for any local improvement authorized by ORS 223.387 to 223.399, or a local ordinance or resolution that provides the procedure to be followed in making local assessments for benefits from a local improvement upon lots that have been benefited by all or part of the improvement.

�� (o) �Special benefit only to specific properties� shall have the same meaning as �special and peculiar benefit� as that term is used in ORS 223.389.

�� (p) �Specific request� means:

�� (A) An affirmative act by a property owner to seek or obtain delivery of goods or services;

�� (B) An affirmative act by a property owner, the legal consequence of which is to cause the delivery of goods or services to the property owner; or

�� (C) Failure of an owner of property to change a request for goods or services made by a prior owner of the property.

�� (q) �Structure� means any temporary or permanent building or improvement to real property of any kind that is constructed on or attached to real property, whether above, on or beneath the surface.

�� (r) �Supplies and equipment intrinsic to a structure� means the supplies and equipment that are necessary to permit a structure to perform the functions for which the structure was constructed, or that will, upon installation, constitute fixtures considered to be part of the real property that is composed, in whole or part, of the structure and land supporting the structure.

�� (s) �Tax on property� means any tax, fee, charge or assessment imposed by any government unit upon property or upon a property owner as a direct consequence of ownership of that property, but does not include incurred charges or assessments for local improvements. As used in this paragraph, �property� means real or tangible personal property, and intangible property that is part of a unit of real or tangible personal property to the extent that such intangible property is subject to a tax on property.

�� (2) For purposes of subsection (1)(i) of this section, an owner of property may control or avoid an incurred charge if the owner is capable of taking action to affect the amount of a charge that is or will be imposed or to avoid imposition of a charge even if the owner must incur expense in so doing.

�� (3) For purposes of subsection (1)(i)(A) of this section, an owner of property has direct control over the quantity of goods or services if the owner of property has the ability, whether or not that ability is exercised, to determine the quantity of goods or services provided or to be provided.

�� (4) For purposes of subsection (1)(j) of this section, the status of a capital construction project as a local improvement is not affected by the accrual of a general benefit to property other than the property receiving the special benefit. [1991 c.459 �210; 1997 c.541 �258; 1999 c.21 �25; 1999 c.90 �33; 2001 c.660 �28; 2003 c.46 �24; 2003 c.77 �6; 2003 c.195 �23; 2003 c.802 �63; 2005 c.832 �18; 2007 c.614 �6; 2007 c.783 �125; 2008 c.45 �7; 2009 c.5 �17; 2009 c.909 �17; 2010 c.82 �17; 2011 c.7 �17; 2012 c.31 �17; 2013 c.377 �17; 2013 c.491 �1; 2014 c.52 �19; 2017 c.17 �27]

�� 310.143 Certification of taxes on taxable property subject to 1990 Measure 5 limits; refunds of taxes on property not certified, erroneously certified or certified by nongovernmental entity. (1) Any tax on property that is imposed on property that is subject to ad valorem taxation by any unit of local government shall be certified to the assessor each year, as provided under ORS 310.060. Except as otherwise specifically provided by law, any tax, fee, charge or assessment that is not a tax on property or is not imposed on property subject to ad valorem taxation shall not be certified to the assessor. Each tax certified shall be certified in whichever of the following forms is applicable:

�� (a) In dollars and cents in either the total amount to be raised from all property in the unit;

�� (b) In dollars and cents per property; or

�� (c) As a rate per $1,000 of assessed value.

�� (2) If any unit of local government imposes on property that is subject to ad valorem taxation a tax on property, as defined in ORS 310.140, that is not certified to the assessor under ORS 310.060 for imposition and collection, and a court of competent jurisdiction determines that the tax is subject to the limits of section 11b, Article XI of the Oregon Constitution, the unit of local government shall pay any refunds ordered by the court. No refunds shall be paid from the unsegregated tax collections account, and the assessor shall not be required to redetermine the amount of other taxes imposed on any property that also is subject to the challenged tax.

�� (3) Notwithstanding ORS 311.806, when any unit of local government certifies a tax on property to be collected by the tax collector, and the amount of the tax on individual properties is calculated by the unit of local government, any claim for refund of such taxes due to an error in calculation of the amount of the tax shall be made to the unit of local government within the same time and in the same manner as claims for refund are to be made under ORS 311.806. The unit of local government shall pay any refunds it determines to be due to errors in calculation of the amount of the tax out of the funds available to the unit of local government. Such refunds shall not be paid from the unsegregated tax collections account, and the assessor shall not be required to redetermine the amount of other taxes imposed on the property for which the refund is made.

�� (4) Notwithstanding ORS 311.806, when any entity that is not a unit of local government certifies an amount specifically authorized by law to be included on the roll to be collected by the tax collector, and the amount on individual properties is calculated by the entity, any claim for refund of the amount due to an error in calculation of the amount shall be made to the entity within the same time and in the same manner as claims for refunds are to be made under ORS

ORS 316.221

316.221 and who has completed a withholding statement or an exemption certificate required by the provisions of ORS 316.162 to 316.221.

�� (f) A person installing plumbing in a structure that is exempt under ORS 455.312 (1).

�� (g) A person making plumbing installations, repairs or replacements in a recreational vehicle as defined in ORS 174.101.

�� (2) Subsection (1)(a) to (d) of this section does not allow a person other than a journeyman plumber or apprentice plumber to install, remodel or alter plumbing in a commercial or industrial building being constructed or offered for sale, exchange, rent or lease. As used in this subsection, �install, remodel or alter� means activities that involve installations or changes to the plumbing inside a wall, floor, crawl space or ceiling, or a change in the configuration of a plumbing system.

�� (3) This section applies to any person, including but not limited to individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, this state and any agencies thereof and the federal government and any agencies thereof.

�� (4) Except as provided in subsection (1)(d) of this section, nothing in this section exempts a person from the plumbing inspection requirements of ORS 447.010 to 447.156. [Amended by 1981 c.438 �11; 1985 c.590 �5; 1987 c.604 �16; 1993 c.293 �3; 2003 c.14 �437; 2005 c.310 �5; 2005 c.758 �42a; 2017 c.364 �10; 2019 c.134 �13; 2019 c.422 �24]

�� 693.025 Insurance required of certain providers of low-flow showerheads or faucet aerators; limitation on services; penalty. (1) A utility company, energy service provider or water supplier whose employees install low-flow showerheads or faucet aerators shall furnish evidence to the Department of Consumer and Business Services, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, that the company, provider or water supplier and its employees are protected against liability for injury or death to persons and loss of or damage to property resulting from the installation.

�� (2) A person who contracts with a utility company, energy service provider or water supplier to perform the functions described in subsection (1) of this section shall furnish evidence to the Department of Consumer and Business Services, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, that the contractor and its employees are protected against liability for injury or death to persons and loss of or damage to property resulting from the installation.

�� (3) The amount of the liability insurance required under subsections (1) and (2) of this section shall be in the amount of not less than $25,000 for bodily injury to one or more persons and not less than $25,000 for property damage.

�� (4) A person who performs, or who contracts to have performed, a service described in subsection (1) of this section may not perform any additional service for which a license is required under ORS chapter 693 unless the person is licensed under ORS chapter 693 to perform the additional service. A person not licensed under ORS chapter 693 who performs services that are not described in subsection (1) of this section for which a license is required under ORS chapter 693 is subject to civil penalty under ORS 693.992.

�� (5) Every utility company, energy service provider or water supplier shall include in any contract for the performance of a service described in subsection (1) of this section a statement that, under penalty of ORS 693.992, the contractor may not perform any service for which a license is required under ORS chapter 693, except installation of low-flow showerheads or faucet aerators, unless the contractor is licensed under ORS chapter 693 to perform that service. [1993 c.293 �1; 2001 c.411 �29; 2003 c.14 �438; 2005 c.758 �43]

�� Note: 693.025 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 693 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

LICENSES

�� 693.030 Journeyman plumber license requirement; prohibited acts by plumbing contractor. (1) A person may not engage in the trade of journeyman plumber without a journeyman plumber license issued under this chapter.

�� (2) A licensed plumbing contractor or a person required under ORS 447.010 to 447.156 to be licensed as a plumbing contractor may not:

�� (a) Permit or suffer any person to work as a journeyman plumber who does not hold a valid journeyman plumber license.

�� (b) Permit or suffer any person to work as an apprentice plumber who does not meet the requirements of ORS 660.002 to 660.210.

�� (c) Employ an apprentice plumber on any plumbing work, representing the apprentice plumber to be a journeyman plumber.

�� (d) Charge a journeyman plumber�s wage for services performed by an apprentice plumber. [Amended by 1981 c.438 �12; 1999 c.733 �1; 2005 c.758 �44; 2007 c.271 �12]

�� 693.040 Apprentices; authority to work. An apprentice plumber may work at the trade of plumbing if the apprentice works under the supervision of a licensed journeyman plumber. [Amended by 1981 c.438 �13; 1993 c.397 �2; 2005 c.758 �45]

�� 693.050 [Amended by 1969 c.540 �3; 1975 c.429 �14; 1977 c.873 �13; 1981 c.438 �14; 1987 c.414 �50a; 1993 c.744 �152; repealed by 2005 c.758 �56]

�� 693.060 Issuance of journeyman�s license. The State Plumbing Board shall issue a license to a person who:

�� (1) By the examination provided for by this chapter is shown to be fit, competent and qualified to engage in the trade of journeyman plumber;

�� (2) Complies with board rules adopted under ORS 455.117; and

�� (3) Pays the applicable application fee established by the board under ORS 693.135. [Amended by 1973 c.734 �5; 1981 c.438 �15; 2005 c.758 �46; 2007 c.271 �13]

�� 693.070 License number; issue and expiration dates. All licenses shall bear:

�� (1) The date of issue and date of expiration; and

�� (2) An identification number assigned by the State Plumbing Board. [Amended by 1975 c.429 �15; 1981 c.438 �16; 2005 c.758 �47]

�� 693.075 [1981 c.438 �23; repealed by 2005 c.758 �56]

�� 693.080 [Repealed by 1981 c.438 �46]

�� 693.090 [Amended by 1971 c.734 �152; 1981 c.438 �17; 1999 c.597 �2; repealed by 2005 c.758 �56]

�� 693.095 Supervising plumber license; rules. The State Plumbing Board may adopt rules that provide for the issuance of supervising plumber licenses to journeyman plumbers who:

�� (1) Demonstrate to the satisfaction of the board competency in the supervision of plumbing work and in the laws, rules, ordinances and practices relating to plumbing;

�� (2) Comply with board rules adopted under ORS 455.117; and

�� (3) Pay the applicable application fee established by the board under ORS 693.135. [1981 c.438 �22; 2005 c.758 �48; 2007 c.271 �14]

�� 693.100 [Amended by 1981 c.438 �18; repealed by 2005 c.758 �56]

�� 693.103 Limited specialty plumbers; rules; scope of license; water heater specialty. (1) The State Plumbing Board, by rule, may license limited specialty plumbers who:

�� (a) Demonstrate to the satisfaction of the board competency in the laws, rules, ordinances and practices relating to a plumbing specialty; and

�� (b) Pay the journeyman plumber application fee established by the board under ORS 693.135.

�� (2) A limited specialty plumber license authorizes a person to perform work in the specific branch of the plumbing trade for which the license is issued.

�� (3)(a) The board shall establish a limited specialty plumber license for persons licensed under ORS 479.630 (12) to install and replace residential water heaters in existing plumbing designed for that purpose if the installation or replacement does not require an alteration of the existing plumbing.

�� (b) Qualification for a limited specialty plumber license under this subsection shall include testing and a requirement for training.

�� (c) This subsection does not otherwise affect the ability of persons licensed under subsection (1) of this section to make connections to water systems. [1985 c.590 �4; 1993 c.477 �1; 1995 c.715 �6; 2005 c.758 �49; 2007 c.271 �15]

�� 693.105 Procedure for refusal, revocation or suspension of license; procedures for hearings, rules, orders and review. (1) Where the State Plumbing Board proposes to refuse to issue or renew any license under this chapter, or proposes to revoke or suspend any license, opportunity for hearing shall be accorded as provided in ORS chapter 183.

�� (2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183.

�� (3) Hearings under this section must be conducted by an administrative law judge assigned from the Office of Administrative Hearings established by ORS 183.605. [1971 c.734 �154; 1999 c.849 ��169,170; 2003 c.75 �60; 2005 c.758 �50]

�� 693.108 [1991 c.555 �2; repealed by 2005 c.758 �56]

�� 693.110 [Amended by 1971 c.753 �34; repealed by 1981 c.438 �46]

�� 693.111 Solar heating and cooling system installers; rules; fees. The State Plumbing Board, by rule, shall establish a solar heating and cooling system installer license. The board may impose appropriate fees for applications, examinations and issuance or renewal of an installer license. [2001 c.683 �23; 2005 c.758 �51]

�� Note: 693.111 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 693 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

STATE BOARD

�� 693.115 State Plumbing Board; membership; term; compensation and expenses. (1) The State Plumbing Board is established in the Department of Consumer and Business Services, consisting of seven members appointed by the Governor. The appointment of a member of the board is subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution.

�� (2) The members of the board shall be as follows:

�� (a) One journeyman plumber with 10 or more years� experience in the trade or calling of journeyman plumber;

�� (b) One licensed plumbing contractor;

�� (c) One local plumbing inspector who is a journeyman plumber;

�� (d) One registered professional mechanical engineer;

�� (e) One officer or employee of the Oregon Health Authority;

�� (f) One plumbing equipment supplier who otherwise qualifies by experience in the industry or one building official; and

�� (g) One member of the general public.

�� (3) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is not eligible for appointment to more than two full terms of office. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

�� (4) A member of the board shall receive compensation and expenses as provided in ORS 292.495. [1981 c.438 ��4,5,9; 1987 c.414 �51; 1993 c.744 �153; 2003 c.14 �439; 2005 c.758 �52; 2009 c.595 �1111]

�� 693.120 Duties of board to examine applicants for journeyman plumber licenses. The State Plumbing Board shall examine all persons applying for journeyman plumber licenses for qualifications. The examination shall be in written form. [Amended by 1971 c.753 �35; 1981 c.438 �19; 2005 c.758 �53; 2007 c.271 �16]

�� 693.125 Officers; quorum. (1) The State Plumbing Board shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of such offices as the board determines.

�� (2) A majority of the members of the board constitutes a quorum for the transaction of business. [1981 c.438 ��7,8; 2011 c.272 �24]

�� 693.130 [Amended by 1971 c.753 �36; repealed by 1981 c.438 �46]

�� 693.135 Fees; rules. The State Plumbing Board shall adopt rules establishing fees to be charged by and paid to the board. The following shall be the maximum fees established under this section:

�� (1) For an application for a journeyman plumber license, $100.

�� (2) For a journeyman plumber license renewal, $50 per year.

�� (3) For an application for a plumbing contractor license, $150.

�� (4) For a plumbing contractor license renewal, $150 per year.

�� (5) For an application for a supervising plumber license, $50.

�� (6) For a supervising plumber license renewal, $50 per year.

�� (7) For continuing education for renewing a license, $25 per year. [1981 c.438 �24; 1991 c.555 �3; 1993 c.397 �3; 2005 c.758 �54; 2007 c.271 �17]

�� 693.140 [Amended by 1969 c.314 �94; repealed by 1971 c.753 �74]

�� 693.150 [Repealed by 1971 c.753 �74]

�� 693.160 [1973 c.834 �44; repealed by 1981 c.438 �46]

�� 693.165 Disposition of receipts. All moneys received by the Department of Consumer and Business Services or the State Plumbing Board under ORS 447.010 to 447.156, 447.992 and 455.895 (1)(a) and this chapter shall be paid into the Consumer and Business Services Fund created by ORS 705.145. Such moneys shall be used only for the administration and enforcement of ORS 447.010 to 447.156 and 447.992 and this chapter. [1981 c.438 �26; 1993 c.744 �161; 2001 c.411 �30]

RECOVERY FOR SERVICES

�� 693.180 Denial of right to court action for unlicensed plumber or unqualified apprentice. A person who provides services connected with plumbing, as defined in ORS 447.010, may not bring or maintain an action in the courts of this state to recover for those services unless the person alleges and proves that, at the time the services were performed, the person performing the services either:

�� (1) Held a valid journeyman plumber license; or

�� (2) Was an apprentice plumber. [1981 c.438 �25; 1993 c.397 �4; 2005 c.758 �55]

�� 693.190 [1981 c.438 �27; 1991 c.734 �83; 1999 c.846 �4; repealed by 2001 c.411 �31]

�� 693.990 [Repealed by 1981 c.438 �46]

CIVIL PENALTIES

�� 693.992 Civil penalty for violations of chapter. The State Plumbing Board may impose a civil penalty for a violation of this chapter or rules adopted for the administration and enforcement of this chapter. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895. [2001 c.411 �12]

�� 693.994 Civil penalty for violations of ORS 447.065 or 693.111. The State Plumbing Board may impose a civil penalty on a person who violates ORS 447.065 or 693.111 or a board rule adopted thereunder. A civil penalty may not exceed $5,000. The imposition of civil penalties under this section is subject to ORS chapter 183. [2001 c.683 �24]

�� Note: 693.994 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 693 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS 318.102

318.102)]

(Education and Research)

�� 317.151 Contributions of computers or scientific equipment for research to educational organizations. (1) A credit is allowed against the taxes otherwise due under this chapter. The amount of the credit shall equal 10 percent of the fair market value of certain qualified charitable contributions, as described in this section.

�� (2) To qualify for the credit allowed under subsection (1) of this section, the charitable contribution must:

�� (a) Be a charitable contribution of tangible personal property described in section 1221(a)(1) of the Internal Revenue Code that has as its original use, use by the donee for education of students in this state, and that is a computer or other scientific equipment or apparatus; and

�� (b) Be a charitable contribution made during the tax year for which the credit is claimed to an educational organization that is located in this state and that is:

�� (A) An institution of higher education described in section 170 (b)(1)(A)(ii) of the Internal Revenue Code; or

�� (B) A public educational institution offering instruction in prekindergarten through grade 12 or any portion of that instruction.

�� (3) Notwithstanding subsection (2) of this section, a charitable contribution shall qualify for the credit allowed under subsection (1) of this section, if:

�� (a) The charitable contribution would otherwise qualify for the credit under subsection (2) of this section except that the charitable contribution is of a contract or agreement for the maintenance of the computer or other scientific equipment or apparatus; or

�� (b) The charitable contribution is a contribution of moneys made under a contract or agreement during the tax year for scientific or engineering research to an educational organization that is located in this state and that is:

�� (A) An institution of higher education described in section 170 (b)(1)(A)(ii) of the Internal Revenue Code; or

�� (B) A public educational institution offering instruction in prekindergarten through grade 12 or any portion of that instruction.

�� (4) The credit allowed under this section is in lieu of any deduction otherwise allowable under this chapter. No deduction shall be allowed under this chapter for any amount upon which the credit allowed under this section is based. However, nothing in this section shall affect the basis of the property in the hands of the donee or any other taxpayer. The basis of the property in the hands of the donee or other person shall be determined as if this section did not exist.

�� (5)(a) Except as provided in paragraph (b) of this subsection, the credit allowed under this section shall not exceed the tax liability of the taxpayer and shall not be allowed against the tax imposed under ORS 317.090. To qualify for a credit under this section, the charitable contribution must be made without consideration and be accepted by the donee institution or school.

�� (b) 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 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.

�� (6) For purposes of this section, �fair market value� shall be determined at the time the property or services are contributed and shall be substantiated by whatever information the Department of Revenue requires. A requirement for substantiation may be waived partially, conditionally or absolutely, as provided under ORS 315.063. [1985 c.695 �2; 1993 c.22 �1; 1995 c.54 �15; 1997 c.373 �1; 1997 c.839 �32; 1999 c.90 �24; 2001 c.660 �49]

�� Note: Section 5, chapter 695, Oregon Laws 1985, provides:

�� Sec. 5. (1) Except as provided in subsection (2) of this section, ORS 317.151 and 318.106 apply to contributions made in tax years beginning prior to January 1, 2014.

�� (2) With respect to the credit allowed for a contribution as described in ORS 317.151 (3)(b) if a written contract or other written agreement to make the contribution is entered into prior to January 1, 2014, and the moneys contributed after that date are contributed pursuant to the contract or agreement, then notwithstanding subsection (1) of this section, the credit allowed as described in ORS 317.151 (3)(b) shall be allowed for those contributions made pursuant to the written contract or other written agreement entered into prior to January 1, 2014. [1985 c.695 �5; 1989 c.989 �1; 1997 c.373 �2; 2003 c.318 �1; 2009 c.913 �23]

�� 317.152 [1989 c.911 �2; 1991 c.457 �12; 1993 c.726 �42; 1993 c.813 �11; 1995 c.79 �167; 1995 c.556 �14; 1995 c.746 �9; 1997 c.839 �33; 1999 c.90 �25; 2001 c.660 �50; 2003 c.739 �12; 2005 c.832 �51; 2011 c.730 ��8,8a; repealed by 2025 c.36 �4]

�� 317.153 [1989 c.911 �3; repealed by 2025 c.36 �4]

�� 317.154 [1989 c.911 �4; 1995 c.746 �10; 2001 c.660 �51; 2003 c.739 �13; 2005 c.832 �52; 2011 c.730 �9; 2013 c.750 �38; repealed by 2025 c.36 �4]

�� 317.155 [Amended by 1969 c.600 �10; repealed by 1983 c.162 �57]

�� 317.156 [1967 c.274 �4; repealed by 1983 c.162 �57]

�� 317.160 [Repealed by 1983 c.162 �57]

�� 317.165 [Amended by 1981 c.812 �2; repealed by 1983 c.162 �57]

�� 317.170 [Amended by 1955 c.99 �1; subsection (3) derived from 1955 c.99 �2; 1981 c.812 �1; repealed by 1983 c.162 �57]

�� 317.175 [Amended by 1955 c.128 �1; subsection (4) derived from 1955 c.128 �2; repealed by 1983 c.162 �57]

�� 317.180 [Repealed by 1957 c.632 �1 (314.280 enacted in lieu of 316.205 and 317.180)]

�� 317.185 [Repealed by 1957 c.632 �1 (314.285 enacted in lieu of 316.210 and 317.185)]

DISSOLUTION OF TAXPAYER

�� 317.190 Effect on reporting income. In the case of the dissolution of a taxpayer, gains, profits and income are to be returned for the tax year in which they are received by the taxpayer, unless they have been reported at an earlier period in accordance with the approved method of accounting followed by the taxpayer. If a taxpayer is dissolved, there shall also be included in computing Oregon taxable income of the taxpayer for the taxable period in which it is dissolved amounts accrued up to the date of dissolution if not otherwise properly includable in respect of such period or a prior period, regardless of the fact that the taxpayer may have kept its books and made its returns on the basis of cash receipts and disbursements. This section shall not apply with respect to crops not harvested within said taxable period or to livestock. [1955 c.205 �2; 1983 c.162 �9]

�� 317.195 Effect on deductions allowed. In the case of the dissolution of a taxpayer there shall be allowed as deductions for the taxable period in which the taxpayer dissolved, regardless of the fact that the taxpayer may have kept its books and made its returns on the basis of cash receipts and disbursements, amounts accrued up to the date of dissolution if not otherwise properly allowable in respect of such period or a prior period under this chapter. [1955 c.205 �3]

�� 317.197 [1969 c.600 ��3,4,6; 1973 c.402 �22; 1981 c.705 �4; 1983 c.162 �32; renumbered 317.655]

�� 317.199 [1969 c.600 �7; 1983 c.162 �33; renumbered 317.660]

�� 317.205 [Repealed by 1959 c.389 �1 (317.206 enacted in lieu of 317.205)]

�� 317.206 [1959 c.389 �2 (enacted in lieu of

ORS 320.170

320.170 to 320.195.

�� (2) Construction taxes imposed by a school district must be collected, subject to ORS 320.179, by a local government, local service district, special government body, state agency or state official that issues a permit for structural improvements regulated by the state building code. [2007 c.829 �2; 2009 c.534 �1; 2016 c.59 �2]

�� 320.171 Restriction on construction tax imposed by local government, local service district or special government body. (1) A local government or local service district, as defined in ORS 174.116, or a special government body, as defined in ORS 174.117, may not impose a tax on the privilege of constructing improvements to real property except as provided in ORS 320.170 to 320.195.

�� (2) Subsection (1) of this section does not apply to:

�� (a) A tax that is in effect as of May 1, 2007, or to the extension or continuation of such a tax, provided that the rate of tax does not increase from the rate in effect as of May 1, 2007;

�� (b) A tax on which a public hearing was held before May 1, 2007; or

�� (c) The amendment or increase of a tax adopted by a county for transportation purposes prior to May 1, 2007, provided that the proceeds of such a tax continue to be used for those purposes.

�� (3) For purposes of ORS 320.170 to 320.195, construction taxes are limited to privilege taxes imposed under ORS 320.170 to 320.195 and do not include any other financial obligations such as building permit fees, financial obligations that qualify as system development charges under ORS 223.297 to 223.316 or financial obligations imposed on the basis of factors such as income. [2007 c.829 �1; 2016 c.59 �4]

�� 320.173 Exemptions. Construction taxes may not be imposed on the following:

�� (1) Private school improvements.

�� (2) Public improvements as defined in ORS 279A.010.

�� (3) Residential housing that is guaranteed to be affordable, under guidelines established by the United States Department of Housing and Urban Development, to households that earn no more than 80 percent of the median household income for the area in which the construction tax is imposed, for a period of at least 60 years following the date of construction of the residential housing.

�� (4) Public or private hospital improvements.

�� (5) Improvements to religious facilities primarily used for worship or education associated with worship.

�� (6) Agricultural buildings, as defined in ORS 455.315 (2)(a).

�� (7) Facilities that are operated by a not-for-profit corporation and that are:

�� (a) Long term care facilities, as defined in ORS 442.015;

�� (b) Residential care facilities, as defined in ORS 443.400; or

�� (c) Continuing care retirement communities, as defined in ORS 101.020.

�� (8) Residential housing being constructed on a lot or parcel of land to replace residential housing on the lot or parcel of land that was destroyed or damaged by wildfire or another event or circumstance that is the basis for a state of emergency declared under ORS 401.165 or 401.309 or for the exercise of authority under ORS 476.510 to 476.610. [2007 c.829 �3; 2009 c.534 �2; 2021 c.361 �1]

�� 320.176 Limitations; rates; adjustment by Department of Revenue. (1) Construction taxes imposed by a school district pursuant to ORS 320.170 may be imposed only on improvements to real property that result in a new structure or additional square footage in an existing structure and may not exceed:

�� (a) $1 per square foot on structures or portions of structures intended for residential use, including but not limited to single-unit or multiple-unit housing; and

�� (b) $0.50 per square foot on structures or portions of structures intended for nonresidential use, not including multiple-unit housing of any kind.

�� (2) In addition to the limitations under subsection (1) of this section, a construction tax imposed on structures intended for nonresidential use may not exceed $25,000 per building permit or $25,000 per structure, whichever is less.

�� (3)(a) For years beginning on or after June 30, 2009, the limitations under subsections (1) and (2) of this section shall be adjusted for changes in construction costs by multiplying the limitations set forth in subsections (1) and (2) of this section by the ratio of the averaged monthly construction cost index for the 12-month period ending June 30 of the preceding calendar year over the averaged monthly construction cost index for the 12-month period ending June 30, 2008.

�� (b) The Department of Revenue shall determine the adjusted limitations under this section and shall report those limitations to entities imposing construction taxes. The department shall round the adjusted limitation under subsection (2) of this section to the nearest multiple of $100.

�� (c) As used in this subsection, �construction cost index� means the Engineering News-Record Construction Cost Index, or a similar nationally recognized index of construction costs as identified by the department by rule. [2007 c.829 �4; 2016 c.59 �5]

�� 320.179 School district resolutions; collections; requirements. (1) A school district imposing a construction tax shall impose the tax by a resolution adopted by the district board of the school district. The resolution shall state the rates of tax, subject to ORS 320.176.

�� (2) Prior to collecting a construction tax, a school district shall enter into an intergovernmental agreement with each local government, local service district, special government body, state agency or state official collecting the tax that includes:

�� (a) Collection duties and responsibilities;

�� (b) The specific school district accounts into which construction tax revenues are to be deposited and the frequency of such deposits; and

�� (c) The amount of the administrative fee that the entity or official collecting the tax may use to recoup expenses incurred in collecting the construction tax, either through retention or reimbursement. An administrative fee under this paragraph may not exceed four percent of tax revenues. [2007 c.829 �5; 2009 c.534 ��3,4]

�� 320.183 Long-term facilities plan for capital improvements. (1) After deducting the costs of administering a construction tax and payment of refunds of such taxes, a school district shall use net revenues only for capital improvements.

�� (2) A construction tax may not be imposed under ORS 320.170 to 320.195 unless the school district imposing the tax develops a long-term facilities plan for making capital improvements. The plan shall be adopted by resolution of the district board of the school district.

�� (3) As used in this section, �capital improvements�:

�� (a) Means:

�� (A) The acquisition of land;

�� (B) The construction, reconstruction or improvement of school facilities;

�� (C) The acquisition or installation of equipment, furnishings or other tangible property;

�� (D) The expenditure of funds for architectural, engineering, legal or similar costs related to capital improvements and any other expenditures for assets that have a useful life of more than one year; or

�� (E) The payment of obligations and related costs of issuance that are issued to finance or refinance capital improvements.

�� (b) Does not include operating costs or costs of routine maintenance. [2007 c.829 �6]

�� 320.186 Payment of obligations. A school district may pledge construction taxes imposed pursuant to ORS 320.170 to the payment of obligations issued to finance or refinance capital improvements as defined in ORS 320.183. [2007 c.829 �7; 2016 c.59 �6]

�� 320.189 Payment of taxes. Construction taxes must be paid by the person undertaking the construction at the time that a permit authorizing the construction or the expansion of square footage of a facility or building is issued. [2007 c.829 �8; 2009 c.534 �5]

�� 320.192 City or county ordinance or resolution to impose tax; requirements; payment of taxes. (1) The governing body of a city or county may impose a construction tax by adoption of an ordinance or resolution that conforms to the requirements of this section and ORS 320.195.

�� (2)(a) A tax may be imposed on improvements to residential real property that result in a new residential structure or additional square footage in an existing residential structure, including remodeling that adds living space.

�� (b) An ordinance or resolution imposing the tax described in paragraph (a) of this subsection must state the rate of the tax. The tax may not exceed one percent of the permit valuation for residential construction permits issued by the city or county either directly or through the Building Codes Division of the Department of Consumer and Business Services.

�� (3)(a) A tax may be imposed on improvements to commercial and industrial real property, including the commercial and industrial portions of mixed-use property, that result in a new structure or additional square footage in an existing structure, including remodeling that adds living space.

�� (b) An ordinance or resolution imposing the tax described in paragraph (a) of this subsection must state the rate and base of the tax.

�� (4) Taxes imposed pursuant to this section shall be paid at the time specified in ORS 320.189 to the city or county that imposed the tax.

�� (5)(a) This section and ORS 320.195 do not apply to a tax described in ORS 320.171 (2).

�� (b) Conformity of a tax imposed pursuant to this section by a city or county to the requirements of this section and ORS 320.195 shall be determined without regard to any tax described in ORS 320.171 (2) that is imposed by the city or county. [2016 c.59 �8]

�� 320.195 Deposit of revenues; required uses. (1) As soon as practicable after the end of each fiscal quarter, a city or county that imposes a construction tax pursuant to ORS 320.192 shall deposit the construction tax revenues collected in the fiscal quarter just ended in the general fund of the city or county.

�� (2) Of the revenues deposited pursuant to subsection (1) of this section, the city or county may retain an amount not to exceed four percent as an administrative fee to recoup the expenses of the city or county incurred in complying with this section.

�� (3) After deducting the administrative fee authorized under subsection (2) of this section and paying any refunds, the city or county shall use the remaining revenues received under ORS 320.192 (2) as follows:

�� (a) Fifty percent to fund developer incentives allowed or offered pursuant to ORS 197A.465 (5)(c) and (d) and (7);

�� (b) Fifteen percent to be distributed to the Housing and Community Services Department to fund home ownership programs that provide down payment assistance; and

�� (c) Thirty-five percent for programs and incentives of the city or county related to affordable housing as defined by the city or county, respectively, for purposes of this section and ORS 320.192.

�� (4) After deducting the administrative fee authorized under subsection (2) of this section and paying any refunds, the city or county shall use 50 percent of the remaining revenues received under ORS 320.192 (3) to fund programs of the city or county related to housing. [2016 c.59 �9]

TRANSIENT LODGING TAXES

(Definitions)

�� 320.300 Definitions for ORS 320.300 to 320.365. As used in ORS 320.300 to 320.365:

�� (1) �Collection reimbursement charge� means the amount a transient lodging tax collector may retain as reimbursement for the costs incurred by the transient lodging tax collector in collecting and reporting a transient lodging tax and in maintaining transient lodging tax records.

�� (2) �Conference center� means a facility that:

�� (a) Is owned or partially owned by a unit of local government, a governmental agency or a nonprofit organization; and

�� (b) Meets the current membership criteria of the International Association of Conference Centers.

�� (3) �Convention center� means a new or improved facility that:

�� (a) Is capable of attracting and accommodating conventions and trade shows from international, national and regional markets requiring exhibition space, ballroom space, meeting rooms and any other associated space, including without limitation banquet facilities, loading areas and lobby and registration areas;

�� (b) Has a total meeting room and ballroom space between one-third and one-half of the total size of the center�s exhibition space;

�� (c) Generates a majority of its business income from tourists;

�� (d) Has a room-block relationship with the local lodging industry; and

�� (e) Is owned by a unit of local government, a governmental agency or a nonprofit organization.

�� (4) �Local transient lodging tax� means a tax imposed by a unit of local government on the sale, service or furnishing of transient lodging.

�� (5) �State transient lodging tax� means the tax imposed under ORS 320.305.

�� (6) �Tourism� means economic activity resulting from tourists.

�� (7) �Tourism promotion� means any of the following activities:

�� (a) Advertising, publicizing or distributing information for the purpose of attracting and welcoming tourists;

�� (b) Conducting strategic planning and research necessary to stimulate future tourism development;

�� (c) Operating tourism promotion agencies; and

�� (d) Marketing special events and festivals designed to attract tourists.

�� (8) �Tourism promotion agency� includes:

�� (a) An incorporated nonprofit organization or governmental unit that is responsible for the tourism promotion of a destination on a year-round basis.

�� (b) A nonprofit entity that manages tourism-related economic development plans, programs and projects.

�� (c) A regional or statewide association that represents entities that rely on tourism-related business for more than 50 percent of their total income.

�� (9) �Tourism-related facility� means:

�� (a) A conference center, convention center or visitor information center; and

�� (b) Other improved real property that has a useful life of 10 or more years and has a substantial purpose of supporting tourism or accommodating tourist activities.

�� (10) �Tourist� means a person who, for business, pleasure, recreation or participation in events related to the arts, heritage or culture, travels from the community in which that person is a resident to a different community that is separate, distinct from and unrelated to the person�s community of residence, and that trip:

�� (a) Requires the person to travel more than 50 miles from the community of residence; or

�� (b) Includes an overnight stay.

�� (11) �Transient lodging� means:

�� (a) Hotel, motel and inn dwelling units that are used for temporary overnight human occupancy;

�� (b) Spaces used for parking recreational vehicles or erecting tents during periods of human occupancy; or

�� (c) Houses, cabins, condominiums, apartment units or other dwelling units, or portions of any of these dwelling units, that are used for temporary human occupancy.

�� (12) �Transient lodging intermediary� means a person other than a transient lodging provider that facilitates the retail sale of transient lodging and:

�� (a) Charges for occupancy of the transient lodging;

�� (b) Collects the consideration charged for occupancy of the transient lodging; or

�� (c) Receives a fee or commission and requires the transient lodging provider to use a specified third-party entity to collect the consideration charged for occupancy of the transient lodging.

�� (13) �Transient lodging provider� means a person that furnishes transient lodging.

�� (14) �Transient lodging tax collector� means a transient lodging provider or a transient lodging intermediary.

�� (15) �Unit of local government� has the meaning given that term in ORS 190.003.

�� (16) �Visitor information center� means a building, or a portion of a building, the main purpose of which is to distribute or disseminate information to tourists. [Formerly

ORS 326.106

326.106; 2005 c.755 �18]

REAL PROPERTY

�� 326.543 Adverse possession. (1) As used in this section:

�� (a) �Education service district� has the meaning given that term in ORS 334.003.

�� (b) �Facility� means the school operated under ORS 346.010.

�� (c) �Post-secondary institution� means:

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

�� (B) A public university listed in ORS 352.002; and

�� (C) The Oregon Health and Science University.

�� (d) �School district� has the meaning given that term in ORS 330.005.

�� (2) The interest or estate of an education service district, a facility, a post-secondary institution or a school district in any real property may not be extinguished or diminished by adverse possession. [2007 c.552 �1; 2009 c.562 �19; 2011 c.637 �104]

�� 326.545 Provision of menstrual products in student bathrooms; rules. (1) As used in this section:

�� (a) �Public education provider� means:

�� (A) A school district;

�� (B) A public charter school;

�� (C) An education service district;

�� (D) A community college; or

�� (E) A public university listed in ORS 352.002.

�� (b) �Public school building� means a building used by a public education provider to provide educational services to students.

�� (c) �Student bathroom� means a bathroom that is accessible by students in kindergarten or above, including a gender-neutral bathroom, a bathroom designated for females and a bathroom designated for males.

�� (2) Each public education provider shall ensure that both tampons and sanitary pads are available at no cost to students through dispensers located in every student bathroom of every public school building.

�� (3) A public education provider, and any employee of a public education provider, is not liable in a criminal action or for civil damages as a result of a student�s use of a tampon or sanitary pad made available under this section.

�� (4) The State Board of Education and the Higher Education Coordinating Commission shall adopt any rules necessary for the administration of this section. Rules adopted by the board and commission shall provide for:

�� (a) The number of dispensers required in each student bathroom;

�� (b) The types of products available in each student bathroom;

�� (c) The provision of tampons and sanitary pads in an alternate location when the public education provider does not have control of the student bathrooms used by the students of the public education provider;

�� (d) Modifications to or exemptions from the requirements of this section for student bathrooms that are not located in commonly accessible areas of the public school buildings of a community college or a public university; and

�� (e) Payments to public education providers for costs incurred under this section, including:

�� (A) For school districts, public charter schools and education service districts and subject to subparagraph (B) of this paragraph, distributions from amounts available under ORS 327.008 (17) to be made based on the average daily membership, as defined in ORS 327.006, of the district or school;

�� (B) For education service districts, distributions to be made as provided by subparagraph (A) of this paragraph may not exceed 7.5 percent of the amounts available for distribution under ORS 327.008 (17);

�� (C) For community colleges, distributions from the Community College Support Fund to be made based on the full-time equivalent student enrollment of the community college; and

�� (D) For public universities, distributions from a public university support fund established by the commission by rule. [2021 c.635 �1; 2021 c.635 �2; 2022 c.81 ��11,12; 2023 c.586 �7]

�� 326.547 Public education facility information database. (1) The Department of Education shall establish and maintain a public education facility information database as provided by this section.

�� (2)(a) The database required by this section shall provide information on preschool facilities and facilities serving any grades in kindergarten through grade 12 and any related auxiliary buildings and properties. The department may require school districts and education service districts to provide the following information to the department for inclusion in the database:

�� (A) The name of the facility;

�� (B) The square footage of the facility;

�� (C) The year the facility was built;

�� (D) The major renovations made to the facility in the preceding 30 years;

�� (E) The outstanding bonded indebtedness of the school district or education service district;

�� (F) The year, amount and purpose of the last bond request approved by voters of the school district or education service district;

�� (G) Operations and maintenance costs of the facility;

�� (H) Technical upgrades needed for the facility;

�� (I) Health and safety upgrades needed for the facility;

�� (J) Energy usage of the facility; and

�� (K) Other publicly available information about the facility.

�� (b) In addition to the requirements of paragraph (a) of this subsection, the database required by this section:

�� (A) Must be accessible by the public; and

�� (B) May include functions and other options that are available only to the Department of Education and to school districts.

�� (3) If a school district or education service district is unable to provide any of the information required under subsection (2) of this section from existing data or without acquiring additional resources, the school district or education service district may request a waiver of the requirement for that information from the Superintendent of Public Instruction.

�� (4) The department may enter into a contract with a public or private entity for the purpose of maintaining the facility information database described in this section. [2013 c.773 �4]

�� 326.549 School facilities advisory group. (1) At least annually, the Superintendent of Public Instruction shall convene a school facilities advisory group.

�� (2) The advisory group convened under this section shall consist of:

�� (a) Experts in finance, architecture, engineering and construction; and

�� (b) Representatives of school districts.

�� (3) The advisory group shall assist the superintendent in issues related to school facilities. To assist the superintendent, the advisory group shall:

�� (a) Review the grant program established by ORS 286A.801;

�� (b) Review the certification program for qualified providers of technical assistance described in ORS 326.125 (1)(c);

�� (c) Review the maintenance of the Oregon School Facilities Database described in ORS 326.125 (1)(e); and

�� (d) Advise the superintendent on any needed changes of programs related to school facilities or capital costs of school districts. [2015 c.783 �6]

�� 326.550 [Amended by 1967 c.571 �1; 1979 c.386 �1; 1979 c.570 �2; 1983 c.159 �1; 1989 c.491 �4; 1991 c.703 �5; 1993 c.45 �17; 1997 c.249 �94; 2013 c.747 �40; renumbered 351.768 in 2013]

�� 326.551 [2013 c.408 �1; renumbered 350.272 in 2015]

INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

�� 326.552 Interstate Compact on Educational Opportunity for Military Children; rules. The Interstate Compact on Educational Opportunity for Military Children is enacted into law and entered into on behalf of this state with all other jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I

PURPOSE

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

�� A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from a previous school district or variations in entrance or age requirements.

�� B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.

�� C. Facilitating the qualification and eligibility for enrollment, educational programs and participation in extracurricular academic, athletic and social activities.

�� D. Facilitating the on-time graduation of children of military families.

�� E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

�� F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

�� G. Promoting coordination between this compact and other compacts affecting military children.

�� H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

�� A. �Active duty� means full-time duty status in the active uniformed service of the United States, including members of the National Guard or the military reserve forces who are on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211 and members described in 32 U.S.C. 502(f).

�� B. �Children of military families� means a school-aged child, enrolled in kindergarten through grade 12, in the household of an active duty member.

�� C. �Compact commissioner� means the voting representative of each compacting state appointed pursuant to Article VIII of this compact.

�� D. �Deployment� means the period one month prior to the service members� departure from their home station on military orders though six months after return to their home station.

�� E. �Education records� means official records, files and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student�s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols and individualized education programs.

�� F. �Extracurricular activities� means a voluntary activity sponsored by the school, the local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performance, contests, athletic competitions, demonstrations, displays and club activities.

�� G. �Interstate Commission on Educational Opportunity for Military Children� means the commission that is created under Article IX of this compact, which is generally referred to as the Interstate Commission.

�� H. �Local education agency� means a local school district.

�� I. �Member state� means a state that has enacted this compact.

�� J. �Military installation� means a base, camp, post, station, yard, center, home port facility for any ship or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory. The term does not include any facility used primarily for civil works, rivers and harbors projects or flood control projects.

�� K. �Nonmember state� means a state that has not enacted this compact.

�� L. �Receiving state� means the state to which a child of a military family is sent, brought or caused to be sent or brought.

�� M. �Rule� means a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, that implements, interprets or prescribes a policy or provision of this compact, or that is an organizational, procedural or practice requirement of the Interstate Commission, and that has the force and effect of statutory law in a member state, and includes the amendment, repeal or suspension of an existing rule.

�� N. �Sending state� means the state from which a child of a military family is sent, brought or caused to be sent or brought.

�� O. �State� means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other United States territory.

�� P. �State education agency� means the Department of Education.

�� Q. �Student� means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through grade 12.

�� R. �Transition� means:

�� 1. The formal and physical process of transferring from school to school; or

�� 2. The period of time in which a student moves from one school in the sending state to another school in the receiving state.

�� S. �Uniformed service� means the Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the National Oceanic and Atmospheric Administration and the commissioned corps of the United States Public Health Service.

�� T. �Veteran� means a person who served in the uniformed services and who was discharged or released from the uniformed services under conditions other than dishonorable.

ARTICLE III

APPLICABILITY

�� A. Except as otherwise provided in Section B of this Article, this compact shall apply to the children of:

�� 1. Active duty members of the uniformed services as defined in this compact, including members of the National Guard or the military reserve forces who are on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211 and members described in 32 U.S.C. 502(f);

�� 2. Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and

�� 3. Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.

�� B. The provisions of this compact shall only apply to local education agencies as defined in this compact.

�� C. The provisions of this compact shall not apply to the children of:

�� 1. Inactive members of the National Guard or the military reserve forces;

�� 2. Members of the uniformed services now retired, except as provided in Section A of this Article;

�� 3. Veterans of the uniformed services, except as provided in Section A of this Article; and

�� 4. Other Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

ARTICLE IV

EDUCATION RECORDS

AND ENROLLMENT

�� A. Unofficial or hand-carried education records. In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial education records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

�� B. Official education records and transcripts. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student�s official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

�� C. Immunizations. Compacting states shall give 30 days from the date of enrollment, or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

�� D. Kindergarten and first grade entrance age. Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

ARTICLE V

PLACEMENT AND ATTENDANCE

�� A. Course placement. When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student�s enrollment in the sending state school or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to honors, International Baccalaureate, advanced placement, vocational, technical and career pathways courses. Continuing the student�s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in a course.

�� B. Educational program placement. The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or based on participation or placement in like programs in the sending state. Such programs include, but are not limited to, talented and gifted programs and English as a second language programs. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

�� C. Special education services.

�� 1. In compliance with the federal requirements of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on the student�s current individualized education program. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

�� 2. In compliance with the requirements of section 504 of the Rehabilitation Act, 29 U.S.C. 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing section 504 or Title II plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

�� D. Placement flexibility. Local education agency administrative officials shall have flexibility in waiving course or program prerequisites, or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency.

�� E. Absence as related to deployment activities. A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by this compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with the student�s parent or legal guardian relative to such leave or deployment of the parent or guardian.

ARTICLE VI

ELIGIBILITY

�� A. Eligibility for enrollment.

�� 1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.

�� 2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

�� 3. A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which the child was enrolled while residing with the custodial parent.

�� B. Eligibility for extracurricular participation. State and local education agencies shall facilitate the opportunity for transitioning military children�s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

ARTICLE VII

GRADUATION

In order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures:

�� A. Waiver requirements. Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.

�� B. Exit exams. States shall accept exit or end-of-course exams required for graduation from the sending state, national norm-referenced achievement tests or alternative testing that is given in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in the student�s senior year, then the provisions of Section C of this Article shall apply.

�� C. Transfers during senior year. Should a military student transferring at the beginning or during the student�s senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article.

ARTICLE VIII

STATE COORDINATION

�� A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state�s participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership may include at least: the state superintendent of education, a superintendent of a school district with a high concentration of military children, a representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.

�� B. The Governor of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. The individual appointed to this position must be a member of the uniformed service. The Department of Education of the State of Oregon shall assist the military family education liaison in the performance of the duties of the position.

�� C. The compact commissioner responsible for the administration and management of the state�s participation in the compact shall be appointed by the Governor or as otherwise determined by each member state. The individual appointed to this position must have experience in the education of military children.

�� D. The compact commissioner and the military family education liaison designated herein shall be ex officio members of the State Council.

ARTICLE IX

INTERSTATE COMMISSION ON

EDUCATIONAL OPPORTUNITY

FOR MILITARY CHILDREN

The member states hereby create the Interstate Commission on Educational Opportunity for Military Children. The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

�� A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.

�� B. Consist of one Interstate Commission voting representative from each member state who shall be that state�s compact commissioner.

�� 1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.

�� 2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

�� 3. A representative may not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting.

�� 4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

�� C. Consist of ex officio, nonvoting representatives who are members of interested organizations. Such ex officio members, as defined in the bylaws, may include but not be limited to members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members.

�� D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

�� E. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one-year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rule making, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with the provisions of this compact, its bylaws and rules, and other such duties as deemed necessary. The Department of Defense shall serve as an ex officio, nonvoting member of the executive committee.

�� F. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

�� G. Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in this compact. The Interstate Commission and its committees may close a meeting, or portion thereof, when it determines by a two-thirds vote that an open meeting would be likely to:

�� 1. Relate solely to the Interstate Commission�s internal personnel practices and procedures;

�� 2. Disclose matters specifically exempted from disclosure by federal and state statute;

�� 3. Disclose trade secrets or commercial or financial information that is privileged or confidential;

�� 4. Involve accusing a person of a crime or formally censuring a person;

�� 5. Disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy;

�� 6. Disclose investigative records compiled for law enforcement purposes; or

�� 7. Specifically relate to the Interstate Commission�s participation in a civil action or other legal proceeding.

�� H. Cause its legal counselor designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.

�� I. Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

�� J. Create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of this compact or its rules or when issues subject to the jurisdiction of this compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state.

ARTICLE X

POWERS AND DUTIES OF

THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

�� A. To provide for dispute resolution among member states.

�� B. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.

�� C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of this compact, its bylaws, rules and actions.

�� D. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission and the bylaws, using all necessary and proper means, including but not limited to the use of the judicial process.

�� E. To establish and maintain offices that shall be located within one or more of the member states.

�� F. To purchase and maintain insurance and bonds.

�� G. To borrow, accept, hire or contract for services of personnel.

�� H. To establish and appoint committees, including but not limited to an executive committee as required by Article IX, Section E of this compact, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

�� I. To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the Interstate Commission�s personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel.

�� J. To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of it.

�� K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

�� L. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

�� M. To establish a budget and make expenditures.

�� N. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

�� O. To report annually to the legislatures, governors, judiciary and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

�� P. To coordinate education, training and public awareness regarding this compact, its implementation and operation for officials and parents involved in such activity.

�� Q. To establish uniform standards for the reporting, collecting and exchanging of data.

�� R. To maintain corporate books and records in accordance with the bylaws.

�� S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

�� T. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

ARTICLE XI

ORGANIZATION AND OPERATION OF

THE INTERSTATE COMMISSION

�� A. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of this compact, including but not limited to:

�� 1. Establishing the fiscal year of the Interstate Commission;

�� 2. Establishing an executive committee and such other committees as may be necessary;

�� 3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;

�� 4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

�� 5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;

�� 6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of this compact after the payment and reserving of all of its debts and obligations; and

�� 7. Providing start-up rules for initial administration of this compact.

�� B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice chairperson and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson�s absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.

�� C. Executive committee, officers and personnel.

�� 1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:

�� a. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;

�� b. Overseeing an organizational structure within, and appropriate procedures for, the Interstate Commission to provide for the creation of rules, operating procedures and administrative and technical support functions; and

�� c. Planning, implementing and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission.

�� 2. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.

�� D. The Interstate Commission�s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties or responsibilities, provided that such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.

�� 1. The liability of the Interstate Commission�s executive director and employees or Interstate Commission representatives, acting within the scope of such person�s employment or duties for acts, errors or omissions occurring within such person�s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.

�� 2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.

�� 3. To the extent not covered by the state involved, a member state, the Interstate Commission or the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney�s fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XII

RULEMAKING FUNCTIONS OF

THE INTERSTATE COMMISSION

�� A. Rulemaking authority. The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

�� B. Rulemaking procedure. Rules shall be made pursuant to a rulemaking process that substantially conforms to the �Model State Administrative Procedure Act,� of 1981, Uniform Laws Annotated, Vol. 15, p. I (2000), as amended, as may be appropriate to the operations of the Interstate Commission.

�� C. Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission�s authority.

�� D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt this compact, then such rule shall have no further force and effect in any compacting state.

ARTICLE XIII

OVERSIGHT, ENFORCEMENT

AND DISPUTE RESOLUTION

�� A. Oversight.

�� 1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate this compact�s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

�� 2. All courts shall take judicial notice of this compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission.

�� 3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules.

�� B. Default, technical assistance, suspension and termination.

�� 1. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default.

�� 2. If a member state has defaulted, the Interstate Commission shall provide remedial training and specific technical assistance regarding the default.

�� 3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from this compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

�� 4. Suspension or termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state�s legislature and each of the member states.

�� 5. The state that has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.

�� 6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or that has been suspended or terminated from this compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

�� 7. The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.

�� C. Dispute resolution.

�� 1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to this compact and that may arise among member states and between member and nonmember states.

�� 2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

�� D. Enforcement.

�� 1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

�� 2. The Interstate Commission may, by majority vote of the members, initiate legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of this compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

�� 3. The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.

ARTICLE XIV

FINANCING OF

THE INTERSTATE COMMISSION

�� A. The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.

�� B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission�s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

�� C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.

�� D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Co

ORS 326.500

326.500 (2).

�� (2) The STEM Investment Council shall evaluate grant applications and make recommendations on the applications to the Superintendent of Public Instruction. Under the direction of the Superintendent of Public Instruction, the Department of Education shall distribute moneys for the grant program and otherwise administer the grant program.

�� (3)(a) An application for a grant awarded under this section may be submitted by:

�� (A) An entity that is part of the network of entities that is designated by regional partners to:

�� (i) Sustain and expand education in science, technology, engineering and mathematics; and

�� (ii) Coordinate efforts described in sub-subparagraph (i) of this subparagraph with regional partners that support career and technical education and with local workforce development boards; or

�� (B) A school district, education service district, community college or public university listed in ORS 352.002 on behalf of one or more entities described in subparagraph (A) of this paragraph.

�� (b) A grant awarded under this section may be used for:

�� (A) Classroom or extracurricular activities that further the development of skills related to science, technology, engineering or mathematics; or

�� (B) A project that is:

�� (i) Related to science, technology, engineering or mathematics and that involves collaboration with a private entity;

�� (ii) Designed to increase the awareness of potential careers in science, technology, engineering or mathematics; or

�� (iii) Designed to make connections between learning science, technology, engineering or mathematics and career opportunities in science, technology, engineering or mathematics.

�� (4) When evaluating applications for a grant, the council:

�� (a) Shall give priority to applications for activities or projects that produce the largest impact at the lowest cost or for the greatest number of students throughout this state, including grants for activities or projects that:

�� (A) Are determined by the council to be likely to become self-supporting within three years;

�� (B) Expand evidence-based, effective practices in science, technology, engineering or mathematics;

�� (C) Can be replicated by other entities in this state;

�� (D) Show evidence of attracting matching funds;

�� (E) Help improve access by underrepresented groups to activities that involve science, technology, engineering or mathematics; or

�� (F) Are elements of a partnership or a regional effort to improve student achievement in science, technology, engineering or mathematics;

�� (b) May give priority to applications for activities or projects that benefit students in more than one student group among students in kindergarten through grade 12, students in community colleges and students in universities;

�� (c) Shall attempt to achieve a balance, as determined by the council, among grants that are awarded for the sole benefit of students in kindergarten through grade 12, students in community colleges and students in universities; and

�� (d) Shall take into consideration geographic and demographic diversity. [2013 c.739 �7; 2013 c.739 �8; 2015 c.366 ��76,77; 2015 c.767 ��100,101; 2025 c.386 �2]

�� Note: 327.380 and 327.385 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 327.385 STEM Investment Grant Account. The STEM Investment Grant Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the STEM Investment Grant Account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Education for the STEM Investment Grant Program established by ORS 327.380. [2013 c.739 �9]

�� Note: See note under 327.380.

(Outdoor School Grants)

�� 327.390 Grants; advisory committee; role of Oregon State University Extension Service. (1) The Oregon State University Extension Service shall assist school districts and education service districts in providing outdoor school programs. The Oregon State University Extension Service shall provide assistance by administering a grant program, providing program leadership and providing program maintenance.

�� (2) Grants shall be awarded for outdoor school programs that:

�� (a) Provide a six-day, residential, hands-on educational experience, or an equivalent outdoor educational experience that reflects local community needs and contexts, featuring field study opportunities for students learning about:

�� (A) Soil, water, plants and animals;

�� (B) The role of timber, agriculture and other natural resources in the economy of this state;

�� (C) The interrelationship of nature, natural resources, economic development and career opportunities in this state; and

�� (D) The importance of this state�s environment and natural resources.

�� (b) Are integrated with local school curricula in a manner that assists students in meeting state standards related to science, technology, engineering and mathematics, and international standards related to science.

�� (c) Provide students with opportunities to develop leadership, critical thinking and decision-making skills.

�� (d) Address the inequity of outdoor educational opportunities for underserved children in this state.

�� (e) Provide students with opportunities to learn about the interdependence of urban and rural areas.

�� (3) Grants shall be awarded to a school district or to an education service district.

�� (4) Priority for grants shall be given to outdoor school programs that promote:

�� (a) Higher scores on standardized measures of academic achievement in reading, writing, math, science and social studies.

�� (b) Greater self-sufficiency and leadership skills.

�� (c) Fewer discipline and classroom management problems.

�� (d) Increased student engagement and pride in accomplishments.

�� (e) Greater proficiency in solving problems and thinking strategically.

�� (f) Better application of systems thinking and increased ability to think creatively.

�� (g) Improved communication skills and enhanced ability to work in group settings.

�� (h) Greater enthusiasm for language arts, math, science and social studies.

�� (i) Increased knowledge and understanding of science content, concepts and processes.

�� (j) Better ability to apply science and civic processes to real-world situations.

�� (k) Improved understanding of mathematical concepts and mastery of math skills.

�� (L) Improved language arts skills.

�� (m) Better comprehension of social studies content.

�� (n) Accessibility to students of all abilities and learning styles.

�� (5)(a) The Director of the Oregon State University Extension Service shall convene an advisory committee for the purpose of administering the grant program established under this section. When selecting the members of the committee, the director shall take into consideration geographic and demographic diversity and shall ensure that the committee has representatives of the environmental community, the natural resources community and fifth-grade or sixth-grade education.

�� (b) The advisory committee shall recommend to the director:

�� (A) Standards for outdoor school programs; and

�� (B) Distributions of moneys for outdoor school programs.

�� (6) The Oregon State University Extension Service shall provide program leadership of outdoor school programs, including:

�� (a) Providing program management and administration, including:

�� (A) Developing and reviewing outdoor school program curricula;

�� (B) Designing outdoor school program lessons that are available on websites and mobile devices;

�� (C) Developing outdoor school program learning modules and materials;

�� (D) Implementing the outdoor school program;

�� (E) Developing best practices for providing outdoor school programs; and

�� (F) Providing staff training related to outdoor school programs;

�� (b) Convening an advisory committee to assist with management activities;

�� (c) Distributing grants and entering into contracts and other agreements related to financing;

�� (d) Providing procurement services;

�� (e) Complying with reporting requirements; and

�� (f) Ensuring compliance with program requirements.

�� (7)(a) The Oregon State University Extension Service shall provide program maintenance, including:

�� (A) Conducting program reviews and implementing program revisions;

�� (B) Making quality assessments and monitoring the program for quality;

�� (C) Evaluating outputs and impacts of outdoor school programs;

�� (D) Engaging in camp development, including the selection, management and coordination of camps; and

�� (E) Conducting risk management.

�� (b) The Oregon State University Extension Service shall collaborate with the Department of Education to identify and collect student data that is relevant for the purpose of program maintenance, as described in paragraph (a) of this subsection.

�� (8) Nothing in this section shall be construed as imposing on the Oregon State University Extension Service any duties or obligations unless funding is provided to the service for expenses incurred by the service for the purposes of this section.

�� (9) The director shall submit an annual report to:

�� (a) The Department of Education, related to the ability of outdoor school programs to assist students in meeting state standards related to science, technology, engineering and mathematics, and international standards related to science; and

�� (b) The interim legislative committees on education, related to grant programs. [2015 c.782 �2; 2023 c.526 �1]

(Temporary provisions relating to a pilot program for foster child students)

�� Note: Sections 1 and 3, chapter 33, Oregon Laws 2024, provide:

�� Sec. 1. Pilot program for foster child students; rules. (1) As used in this section, �foster child student� means a student enrolled in middle school or high school who is a foster child because the student is:

�� (a) In the care and custody of the Department of Human Services pursuant to the provisions of ORS chapter 418 or 419B and is placed in substitute care; or

�� (b) A ward, as defined in ORS 419A.004, who remains in the legal custody of the ward�s parent or who is in the care and custody of the Department of Human Services but who is residing with the ward�s parent.

�� (2)(a) The Department of Education shall establish and administer a pilot program to provide support for foster child students to improve the educational outcomes of foster child students.

�� (b) Under the pilot program, the Department of Education shall provide grants to school districts for distribution to any of the middle schools or high schools of the school district to improve the educational outcomes of foster child students by addressing:

�� (A) The disparities experienced by foster child students in indicators of academic success;

�� (B) The historical practices leading to disproportionate outcomes for foster child students; and

�� (C) The educational needs of foster child students.

�� (c) School districts participating in the pilot program must ensure that foster child students are provided access to an individual who will:

�� (A) Serve as an educational advocate for a foster child student; and

�� (B) Provide guidance for and support to a foster child student for educational purposes.

�� (3) The Department of Education shall use moneys in the Statewide Education Initiatives Account to provide funding for the pilot program. The pilot program shall be considered a statewide education plan for purposes of ORS 327.254.

�� (4) The Department of Education shall select three school districts to participate in the pilot program. The school districts shall distribute moneys received under this section to any of the middle schools or high schools of the school district for the purpose of the pilot program. The department shall focus on geographically diverse regions when selecting school districts to participate in the pilot program.

�� (5) The Department of Education shall submit reports concerning the pilot program to the interim committees of the Legislative Assembly related to education as follows:

�� (a) The first report must be submitted no later than September 15, 2025, and must summarize progress on the development and administration of the pilot program.

�� (b) The second report must be submitted no later than September 15, 2027, and:

�� (A) Must provide a summary of the pilot program, including any changes in the educational outcomes of foster child students who participated in the pilot program; and

�� (B) May provide recommendations for a statewide education plan related to foster child students.

�� (6) The State Board of Education may adopt any rules necessary for the administration of this section. [2024 c.33 �1; 2025 c.212 �1]

�� Sec. 3. Section 1, chapter 33, Oregon Laws 2024, as amended by section 1 of this 2025 Act, is repealed on January 2, 2028. [2024 c.33 �3; 2025 c.212 �3]

COMMON SCHOOL FUND

�� 327.403 Definition for ORS 327.405 to 327.480. As used in ORS 327.405 to 327.480, unless the context requires otherwise, �administrative office for the county� means the administrative office of the education service district or of any common school district that includes an entire county. [1965 c.100 �30; 1991 c.167 �2; 2003 c.226 �4]

�� 327.405 Common School Fund; composition and use. (1) The Common School Fund is composed of:

�� (a) The proceeds from the sales of the 16th and 36th sections of every township or of any lands selected in lieu thereof;

�� (b) All the moneys and clear proceeds of all property that may accrue to the state by escheat or forfeiture;

�� (c) The proceeds of all gifts, devises and bequests made by any person to the state for common school purposes;

�� (d) The proceeds of all property granted to the state when the purpose of such grant is not stated;

�� (e) All proceeds of the sale of submerged and submersible lands as described in ORS 274.005;

�� (f) All proceeds of the sale of the South Slough National Estuarine Research Reserve as described in ORS 273.553 (1)(a) in the event such property is sold;

�� (g) All proceeds of the sale of the 500,000 acres of land to which this state is entitled by an Act of Congress approved September 4, 1841, and of all lands selected for capitol building purposes under Act of Congress approved February 14, 1859;

�� (h) Moneys credited to the fund or transferred to the fund by the Legislative Assembly; and

�� (i) All proceeds derived from the investment of moneys that compose the fund.

�� (2) Except as otherwise provided by law, the income from the fund must be applied exclusively to the support and maintenance of common schools in each school district. [Amended by 1957 c.670 �31; 1965 c.100 �31; 1969 c.338 �3; 1987 c.760 �4; 1997 c.321 �2; 2003 c.14 �147; 2013 c.358 �2; 2019 c.678 �66; 2021 c.139 ��4,5; 2021 c.424 �20]

�� 327.410 Apportionment of Distributable Income Account of Common School Fund among counties; distribution to school districts. The Department of State Lands shall transfer the balance of the Distributable Income Account of the Common School Fund established under ORS 273.105, after deductions authorized by law, to the Superintendent of Public Instruction semiannually, or more frequently if the State Land Board so orders. The superintendent shall immediately apportion the amount transferred among the counties in proportion to the number of children resident in each county between the ages of 4 and 20 as determined pursuant to ORS 190.510 to 190.610. The superintendent shall distribute to each school district within a county a share of the county�s apportionment that is based on the district�s average daily membership that resides within the county. [Amended by 1965 c.100 �32; 1967 c.421 �200; 1971 c.294 �2; 1982 s.s.2 c.1 �5; 2005 c.412 �1]

�� 327.415 [Amended by 1963 c.544 �16; 1965 c.100 �33; 1971 c.294 �1; repealed by 2005 c.412 �3]

�� 327.420 Basis of apportionment. (1) The basis of all apportionments of the Common School Fund shall be the reports of the resident average daily membership for the preceding fiscal year as reported by the school district to the Department of Education.

�� (2) In the case of a joint school district, the resident average daily membership reported to the department shall be prorated between the counties as the resident enrollment of the district is prorated between the counties. [Amended by 1965 c.100 �34; 1971 c.294 �3; 2005 c.412 �2]

�� 327.423 Determination of school census. (1) The Superintendent of Public Instruction shall prorate the annual estimate of census as provided in ORS 327.410 and 327.420 in proportion as the resident average daily membership of each education service district bears to the total resident average daily membership of the state and certify such to the administrative officer of each education service district.

�� (2) Subject to guidelines approved by the Superintendent of Public Instruction, the administrative officer of each education service district shall apportion the census so certified to those common school districts reporting to the education service district. The estimated district census determined by this manner shall be deemed applicable to all statutory references to the term �census� or �school-age child� in Oregon Revised Statutes. [Formerly 326.355]

�� Note: 327.423 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 327.425 Loans and investment of funds; determination of interest rate. (1) All moneys belonging to the Common School Fund and not required to meet current expenses shall be loaned by the Department of State Lands at a rate of interest fixed by the department. The department may consult with and obtain the recommendation of the Oregon Investment Council in fixing the interest rate.

�� (2) Common School Fund moneys may be loaned in accordance with the repayment plan contained in ORS 327.440, except that loans on property within the corporate limits of towns or cities shall be payable in not more than 15 years on the amortization plan.

�� (3) If at any time there is a Common School Fund surplus over and above all loans applied for, such portion of the surplus as the department deems proper may be invested as provided in ORS 293.701 to 293.857. The department may require the State Treasurer to deposit any such surplus, until it is able to loan same, in qualified state depositories, upon the same terms and conditions as other public funds are deposited therein, in which event any interest received from any such state depository shall be credited to the fund on which such interest was earned.

�� (4) The department may reduce the rate of interest to be paid upon outstanding loans from the Common School Fund and any trust fund placed in its charge, to correspond with the rate of interest to be paid upon new loans, but no reduction in rate of interest shall be made upon any of the loans until interest at the old rate has been paid in full to date of receipt of remittance at the office of the department. [Amended by 1963 c.326 �2; 1965 c.100 �35; 1965 c.532 �5; 1967 c.335 �38; 1969 c.413 �1; 1983 c.740 �99; 2015 c.513 �10]

�� 327.430 Security for loans. (1) The principal and interest of all loans shall be paid in lawful money of the United States.

�� (2) Loans shall be secured by note specifying the fund from which the loan is made and mortgage to the Department of State Lands on improved land within this state, or upon range or grazing land therein. Except as provided in ORS 273.815, the security for a secured loan shall be not less than twice the value of the amount loaned, and, except as otherwise provided in subsection (3) of this section, shall be of unexceptional title and free from all encumbrances. A secured loan may be secured by a deposit of obligations of the United States or of bonds or warrants of this state of a face value of not less than 25 percent in excess of such loans.

�� (3) The department is not prohibited by subsection (2) of this section from making a secured loan merely because the land securing the loan is:

�� (a) Situated in an irrigation district, taking into consideration the amount of bonded indebtedness of the district as compared with the valuation of the real property of the district.

�� (b) Subject to a reservation of mineral rights.

�� (c) Subject to a lease of any kind.

�� (d) Subject to a statutory lien for public improvements.

�� (e) Subject to an easement. [Amended by 1955 c.352 �1; 1959 c.90 �1; 1963 c.326 �1; 1963 c.517 �6; 1965 c.229 �1; 1965 c.532 �6; 2015 c.513 �11]

�� 327.435 Ascertainment of value and title of security. The Department of State Lands shall adopt methods, rules and regulations for ascertaining the value of and state of the title of any lands proposed as security for any loan under the provisions of ORS 327.425 and 327.430. All expenses of ascertaining title shall be borne by the applicant. The department may establish fees to be paid by the applicant for the appraisal of any property offered as security. [Amended by 1965 c.229 �2]

�� 327.440 Loan repayment. Secured loans authorized by ORS 327.430 shall be repaid in semiannual, quarterly or monthly installments, as may mutually be agreed upon between the borrower and the Department of State Lands, and the installments shall aggregate each year an amount equal to one year�s interest on the original principal of the loan plus an additional two percent of the original principal sum, except as provided in ORS 327.425. Of the installment so paid each year, the amount at the specified interest rate on the principal remaining unpaid shall be credited as interest and the balance credited to reduction of the loan principal. Borrowers from the fund shall have the right to make payments in excess of the amounts of such installments, and the further right at any time to pay off such loans in part or full with interest to payment dates. [Amended by 1965 c.532 �7]

�� 327.445 Custody of securities for loan; collection of interest. The Department of State Lands shall have custody of all notes, bonds and other securities covering secured loans made by it from any fund. The department shall take proper measures for the prompt collection of interest due on all loans from any such fund and place it to the credit of the fund from which the loan was made, to be paid out as provided by law. [Amended by 1965 c.532 �8]

�� 327.450 Foreclosure of mortgages given to secure loans. (1) The Department of State Lands shall foreclose all mortgages taken to evidence loans from the Common School Fund or other funds whenever more than one year�s interest on the loan is due and unpaid or whenever any mortgage becomes inadequate security for the money loaned. The department may foreclose its mortgage in the event of waste or any other impairment of the property upon which the loan was made. It may also foreclose for delinquency in payment of principal or interest installments or in payment of taxes on such property.

�� (2) The department may bid in the land in the name of the state at a price not to exceed the total amount of the state�s claim or they may accept a deed or a release of the equity of redemption. Should it appear to the satisfaction of the department that the mortgagee cannot make the payment of interest and that foreclosure would work an injustice and that foreclosure is not then necessary to secure the fund from loss, the department may extend the time for paying such interest not exceeding two years. [Amended by 1965 c.100 �36]

�� 327.455 Record of purchases by Department of State Lands on foreclosures; resale or lease of land; disposition of proceeds. The Director of the Department of State Lands shall keep a correct record of all purchases on foreclosures under ORS 327.450 with a description of the lands so purchased or acquired, and a statement of the fund to which they belong. Such lands shall be placed in the hands of the director and sold or leased under the direction of the department on the best terms obtainable, and the proceeds, to the amount of the principal of the loans, shall be paid into the fund from which the loans were made, and the excess paid to the interest account of that fund.

�� 327.465 Cancellation of unpaid taxes after deed to state in liquidation of loan. Whenever the Department of State Lands receives a deed to the State of Oregon of lands covered by a mortgage given to secure a loan from the Common School Fund in liquidation of the debt represented by the loan, the department shall send a written notice of the transaction to the county court of the county in which such deeded lands are situated. Upon the receipt of such notice, the county court shall cancel on the county tax records unpaid taxes levied and assessed against such property in that county. This section does not apply to tax liens of irrigation or drainage districts organized prior to the effective date of the lien of the department.

�� 327.470 Cancellation of taxes on land acquired through foreclosure proceedings; right of redemption. (1) Excepting tax liens of irrigation or drainage districts organized before the effective date of the Department of State Lands� lien, whenever the State of Oregon acquires property or lands through foreclosure of a mortgage given to secure a loan from the Common School Fund and the state has received the sheriff�s deed made as a result of such foreclosure proceedings and the period for redemption has expired, the county court, or board of county commissioners, of the county in which such lands are situated shall cancel on the county tax records all the unpaid taxes levied and assessed against the property.

�� (2) At the time the sheriff issues a certificate of sale in the foreclosure proceedings of any department mortgage, the sheriff shall serve a copy of the certificate upon the county judge, or the chairperson of the board of county commissioners, of the county in which the foreclosure takes place. The county shall have a 60-day period from the date of the sheriff�s certificate in which to redeem the land by paying the department the full amount of its investment in the land, including principal and interest, foreclosure charges, abstracting expense, and any other necessary expense incurred by the department in said foreclosure proceedings.

�� 327.475 When county court may acquire mortgaged lands deeded to state. Whenever the Department of State Lands receives a deed as described in ORS 327.465, the county court of the county in which the lands are situated may, within one year from the recorded date of such deed, acquire from the state the property so conveyed by paying to the state the total amount of the state�s investment in the property.

�� 327.480 Use of Common School Fund moneys to comply with judgment canceling fraudulent deed. (1) Where the judgment in a suit instituted by the State of Oregon to cancel and set aside any deed of lands from the State of Oregon alleged to have been procured by fraud and in violation of law grants relief to the State of Oregon which is conditioned on the payment of money, the Department of State Lands may pay from the Common School Fund the sum necessary to comply with the conditions of the judgment.

�� (2) This section shall not be considered as a legislative interpretation relieving the defendants in such suit from applying to the legislature for repayment of the purchase price of such land, or that the State of Oregon is not entitled to an accounting from the purchaser, the assignee, or successor in interest, for school or other lands obtained in violation of law, or that the State of Oregon must repay the purchase price of such lands, with or without interest as a condition of obtaining relief. This section is intended to prevent the loss to the State of Oregon of lands obtained in violation of law, where the court imposes as a condition for granting relief the payment of money. [Amended by 1965 c.100 �37; 2003 c.576 �433]

�� 327.482 Appropriation to reimburse fund for earnings failure. Out of the moneys in the General Fund, there is continuously appropriated such sums as are necessary but not to exceed $100,000 in total to reimburse the Common School Fund for any amount that may result from the failure of loans to earn at least four percent interest. The computation required to determine the interest earned on the loans shall be made annually, and the amount required to reimburse the fund shall be paid annually. [1965 c.532 �9; 1967 c.477 �1; 2015 c.513 �12]

�� 327.483 [1963 c.570 �32a; repealed by 1965 c.100 �456]

�� 327.484 Reimbursement for earnings failure. Moneys may be withdrawn annually on July 1 from the General Fund by order of the Department of State Lands to be credited to the Common School Fund to pay to the Common School Fund any amount resulting from the failure of the total student loans to earn at least four percent interest in the preceding fiscal year. [1965 c.532 �11; 1967 c.335 �39; 1967 c.477 �2; 2015 c.513 �13]

EDUCATION CASH ACCOUNT

�� 327.485 Education Cash Account; disbursements. (1) The Education Cash Account of the General Fund consists of all moneys made available to the Department of Education by:

�� (a) Charitable and philanthropic foundations, organizations and agencies if the moneys have not been dedicated for specific use by requirements of other sections of Oregon Revised Statutes;

�� (b) Miscellaneous receipts;

�� (c) Collection of fees from sale of supplies and publications compiled and furnished by the Department of Education and distributed or sold to other persons or groups;

�� (d) Funds received as gifts, contributions and bequests for career and technical education and moneys received as reimbursements for funds theretofore expended;

�� (e) Moneys received through charges to grants, contracts and other funds for indirect costs; and

�� (f) Any other nondedicated moneys received by the Department of Education for which the Legislative Assembly has established an administrative funds limitation.

�� (2) The provisions of this section do not relieve the department of its responsibilities to separately account for moneys received as trust funds.

�� (3) Disbursements from the Education Cash Account shall be made as directed by the Department of Education. The department shall keep a record of all moneys deposited in such account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity against which each withdrawal is charged. [1961 c.588 �1; 1965 c.100 �38; 1979 c.570 �3; 1993 c.45 �302; 2005 c.209 �7; 2009 c.94 �3]

�� 327.490 Projects contracted to districts and institutions of higher learning. The State Board of Education may contract with school districts, community college districts and any institutions of higher learning in this state for the purpose of carrying out any phase of a project for which funds granted under ORS 327.485 are available and may reimburse such districts and institutions from such funds. The board may make advance payments to the contracting districts or institutions based on the estimated cost of any service to be provided. Any payment to a district shall not be subject to the provisions of ORS 294.305 to 294.565. [1961 c.588 �5; 1989 c.491 �8]

�� 327.495 Appropriation of funds received for certain purposes. All moneys received by the State Board of Education for distribution to school districts in this state for the purpose of carrying out experimental and demonstration programs to improve education and educator preparation in this state are continuously appropriated for such purpose. [1961 c.588 �6; 1965 c.100 �39; 1989 c.491 �9; 2013 c.747 �177; 2015 c.245 �39]

SUMMER LEARNING PROGRAM ACCOUNT

�� 327.496 Summer Learning Program Account; rules. (1) The Summer Learning Program Account is established in the State Treasury, separate and distinct from the General Fund.

�� (2) The account consists of moneys appropriated, allocated, deposited or transferred to the account by the Legislative Assembly or otherwise.

�� (3) The Department of Education, on behalf of the State of Oregon, may solicit and accept gifts, grants, donations and other moneys from public and private sources for deposit in the account.

�� (4) Moneys in the account are continuously appropriated to the Department of Education to disburse or expend for activities or programs related to providing summer academic and enrichment opportunities for school-aged children.

�� (5) The Department of Education may enter into grant agreements, contracts, intergovernmental agreements or other agreements with school districts, community-based organizations, nonprofit organizations, federally recognized tribes or other entities to provide summer academic and enrichment programs and may disburse or expend moneys from the account pursuant to such agreements.

�� (6) The State Board of Education may adopt rules necessary for the administration of the account. [2021 c.10 �19]

�� Note: 327.496 is repealed May 31, 2027. See sections 5 and 6, chapter 629, Oregon Laws 2025.

�� Note: Section 4, chapter 629, Oregon Laws 2025, provides:

�� Sec. 4. The Summer Learning Program Account established under ORS 327.496 is abolished. Any moneys remaining in the account on the operative date of this section [May 31, 2027] shall be transferred to the General Fund for general governmental purposes. [2025 c.629 �4]

�� Note: 327.496 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

QUALITY EDUCATION COMMISSION

�� 327.497 Legislative findings. The Legislative Assembly finds that:

�� (1) Within the Oregon Educational Act for the 21st Century in ORS chapter 329 there are established goals for high academic excellence, the application of knowledge and skills to demonstrate achievement and the development of lifelong learning skills to prepare students for the ever-changing world.

�� (2) Education is increasingly linked to economic and social issues.

�� (3) The people of Oregon, through section 8, Article VIII of the Oregon Constitution, have established that the Legislative Assembly shall appropriate in each biennium a sum of money sufficient to ensure that the state�s system of public education meets the quality goals established by law. Furthermore, the people of Oregon require that the Legislative Assembly publish a report that either demonstrates that the appropriation is sufficient or identifies the reasons for the insufficiency, its extent and its impact on the ability of the state�s system of public education to meet those goals.

�� (4) The Quality Education Commission should be established to define the costs sufficient to meet the established quality goals for kindergarten through grade 12 public education. [2001 c.895 �1]

�� 327.500 Establishment; membership; staff. (1) There is established a Quality Education Commission consisting of 11 members appointed by the Governor. The Governor may not appoint more than five members of the commission who are employed by a school district at the time of appointment.

�� (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on August 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the remainder of the unexpired term.

�� (3) The appointment of members of the commission is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565.

�� (4) A member of the commission is entitled to compensation and expenses as provided in ORS

ORS 327.175

327.175 to 327.208.

�� (2) For school districts and grant recipients, include a comparison of the school district�s or grant recipient�s progress toward meeting performance growth targets compared with the actual performance growth targets developed by the department for the following:

�� (a) On-time graduation rates and five-year completion rates, including the overall rate and disaggregated student group rates;

�� (b) Ninth-grade on-track rates, including the overall rate and disaggregated student group rates;

�� (c) Eighth-grade mathematics proficiency rates and third-grade reading proficiency rates, including the overall rate and disaggregated student group rates;

�� (d) Regular attendance rates and regular early-grade attendance rates, including the overall rate and disaggregated student group rates;

�� (e) Local metrics rates, including the overall rate and the disaggregated student group rates; and

�� (f) Any optional local metrics or any targets related to student mental and behavioral health needs established by the State Board of Education for purposes of ORS 327.175 to 327.208.

�� 327.174 Financial or performance audit initiated by department; contracts for audit; costs. (1)(a) Based on factors identified by the State Board of Education by rule, the Department of Education may initiate a financial audit or a performance audit of a school district or an education service district.

�� (b) Prior to initiating an audit, the Department of Education shall:

�� (A) Give notice to the school district or the education service district of the department�s intent to initiate the audit; and

�� (B) Provide the school district or the education service district with the opportunity to provide to the department any information related to the subject of the audit.

�� (c) Following the review of any information provided under paragraph (b) of this subsection, the department may:

�� (A) Decline to proceed with the audit; or

�� (B) Cause the audit to be conducted.

�� (2) For the purpose of causing an audit to be conducted as authorized by this section, the department may enter into a contract with:

�� (a) The Secretary of State in accordance with ORS 297.210; or

�� (b) If the Secretary of State is unable or unwilling to conduct the audit, a private entity.

�� (3)(a) If the Secretary of State conducts the audit, the school district or education service district may be charged for a portion of the costs incurred for the audit as provided by ORS 297.210.

�� (b) If a private entity conducts an audit, the Department of Education may charge the school district or education service district for a portion of the costs incurred for the audit.

�� (4) A copy of an audit conducted as provided by this section must be forwarded to the Department of Education and to any other entity identified by the department in accordance with rules adopted by the State Board of Education. [Formerly 327.141]

�� Note: 327.174 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

STUDENT INVESTMENT ACCOUNT

�� 327.175 Student Investment Account. (1) The Student Investment Account is established within the Fund for Student Success.

�� (2) The Student Investment Account shall consist of:

�� (a) Moneys transferred to the account from the Fund for Student Success;

�� (b) Moneys appropriated or otherwise transferred to the account by the Legislative Assembly;

�� (c) Amounts donated to the account; and

�� (d) Other amounts deposited into the account from any source.

�� (3) The Department of Education, on behalf of the State of Oregon, may solicit and accept gifts, grants, donations and other moneys from public and private sources for the Student Investment Account. Moneys received as provided in this subsection shall be deposited into the Student Investment Account.

�� (4) Moneys in the Student Investment Account are continuously appropriated to the Department of Education for the purposes of distributing grants under ORS 327.195. [2019 c.122 �8]

�� 327.180 Allowed uses of grants from Student Investment Account. (1) In addition to those moneys distributed through the State School Fund, the Department of Education shall award grants from the Student Investment Account. Grants shall be distributed as provided under ORS 327.195.

�� (2) The purposes of grants distributed under ORS 327.195 shall be to:

�� (a) Meet students� mental or behavioral health needs; and

�� (b) Increase academic achievement for students, including reducing academic disparities for each student group identified in ORS 327.164 (11).

�� (3) Grant moneys received under ORS 327.195 may be used by a grant recipient only for:

�� (a) Increasing instructional time, which may include:

�� (A) More hours or days of instructional time;

�� (B) Summer programs;

�� (C) Before-school or after-school programs; or

�� (D) Technological investments that minimize class time used for assessments administered to students.

�� (b) Addressing students� health or safety needs, which may include:

�� (A) Social-emotional learning and development;

�� (B) Student mental and behavioral health;

�� (C) Improvements to teaching and learning practices or organizational structures that lead to better interpersonal relationships at the school;

�� (D) Student health and wellness;

�� (E) Trauma-informed practices;

�� (F) School health professionals and assistants; or

�� (G) Facility improvements directly related to improving student health or safety.

�� (c) Reducing class sizes, which may include increasing the use of instructional assistants, by using evidence-based criteria to ensure appropriate student-teacher ratios or staff caseloads.

�� (d) Expanding availability of and student participation in well-rounded learning experiences, which may include:

�� (A) Developmentally appropriate and culturally responsive early literacy practices and programs in prekindergarten through third grade;

�� (B) Culturally responsive practices and programs in grades six through eight, including learning, counseling and student support that is connected to colleges and careers;

�� (C) Broadened curricular options at all grade levels, including access to:

�� (i) Art, music and physical education classes;

�� (ii) Science, technology, engineering and mathematics education;

�� (iii) Career and technical education, including career and technical student organization programs and payment of student fees, costs and instructors of those programs;

�� (iv) Electives that are engaging to students;

�� (v) Accelerated college credit programs, including dual credit programs, International Baccalaureate programs and advanced placement programs;

�� (vi) Dropout prevention programs and transition supports;

�� (vii) Life skills classes; or

�� (viii) Talented and gifted programs; or

�� (D) Access to licensed educators with a library media endorsement. [2019 c.122 �9; 2021 c.227 �1; 2021 c.350 �1; 2025 c.406 �12]

�� 327.185 Application requirements to receive grants from Student Investment Account; eligible applicants; strategic planning. (1) As used in this section, �eligible applicant� means any of the following entities:

�� (a) Common school districts and union high school districts.

�� (b) The Youth Corrections Education Program or the Juvenile Detention Education Program.

�� (c) Public charter schools that are not virtual public charter schools, as defined in ORS

ORS 327.358

327.358. [2013 c.735 �3]

�� Note: See note under 327.356.

�� 327.360 [2005 c.803 �3; repealed by 2007 c.846 �18]

(Public Charter School Grants)

�� 327.362 Grants to public charter schools to increase academic achievement for students who have historically experienced academic disparities or students with disabilities; report; rules. (1) As used in this section:

�� (a) �ADMw� means weighted average daily membership, as calculated under ORS 327.013.

�� (b) �Eligible public charter school� means a public charter school that is not a virtual public charter school, as defined in ORS 338.005, and that has a student population of which at least 65 percent of the total student population is composed of students from the following combined student groups:

�� (A) Racial or ethnic groups that have historically experienced academic disparities, as described in ORS 327.164 (11)(b); and

�� (B) Students with disabilities, as described in ORS 327.164 (11)(c).

�� (2) In addition to those moneys distributed through the State School Fund, the Department of Education shall award grants under this section to eligible public charter schools from the Statewide Education Initiatives Account.

�� (3) The amount of a grant awarded to an eligible public charter school under this section = the public charter school�s ADMw � the difference between:

�� (a) The amount of the General Purpose Grant per ADMw for the school district that has contractually established payment for the provision of educational services to the public charter school�s students under ORS 338.155 (2) or (3); and

�� (b) The amount of the General Purpose Grant per ADMw that the public charter school receives under a contract for the provision of educational services to the public charter school�s students under ORS 338.155 (2) or (3).

�� (4) The purpose of grants distributed under this section shall be to increase academic achievement, including reducing academic disparities, for:

�� (a) Students from racial or ethnic groups that have historically experienced academic disparities, as determined under rules adopted by the State Board of Education; and

�� (b) Students with disabilities.

�� (5) Any eligible public charter school may apply for and receive a grant as provided by this section. A grant application must:

�� (a) Describe how grant moneys will be used to advance the purpose described in subsection (4) of this section.

�� (b) Specify the supports that will be:

�� (A) Provided to students with a disability; or

�� (B) Used to enhance special education and related services that are provided by a school district under ORS 338.165 to the students of the public charter school.

�� (c) Identify any applicable longitudinal performance growth targets for the public charter school that have been established:

�� (A) Under contract between the public charter school and the sponsor of the public charter school; or

�� (B) By the public charter school or the school district in which the public charter school is located for purposes of grants from the Student Investment Account, as provided by ORS 327.190.

�� (d) Be submitted based on the timelines and forms prescribed by the department.

�� (6)(a) If the department determines that a grant application complies with the requirements prescribed under this section, the department shall enter into a grant agreement with the eligible public charter school.

�� (b) A grant agreement must include longitudinal performance growth targets for the public charter school. If the grant application identified longitudinal performance growth targets, those targets shall be included in the grant agreement. If the grant application did not identify longitudinal performance growth targets, the public charter school shall collaborate with the department to develop longitudinal performance growth targets. Longitudinal performance growth targets must:

�� (A) Be based on data available for longitudinal analysis; and

�� (B) Use the following applicable metrics:

�� (i) Third-grade reading proficiency rates, as defined in ORS 327.164;

�� (ii) Regular attendance rates, as defined in ORS 327.164; and

�� (iii) Any other metrics identified by the department in collaboration with the public charter school.

�� (7) After the department and the public charter school have entered into a grant agreement, the department shall award a grant to the public charter school in the amount calculated under subsection (3) of this section. A grant recipient shall deposit grant moneys received under this section into a separate account and shall apply the amounts in that account as provided by the grant agreement.

�� (8)(a) Each year, each grant recipient must submit to the department a description of:

�� (A) How grant moneys received under this section were used to advance the purpose described in subsection (4) of this section and to meet performance growth targets in the grant agreement; and

�� (B) Progress made by the grant recipient toward meeting the performance growth targets in the grant agreement.

�� (b) A grant recipient shall provide the information required under this subsection based on the timelines and forms prescribed by the department. To the greatest extent practicable, the department shall accept the information described in this subsection in the manner that it is made available by a public charter school to the sponsor of the public charter school.

�� (9) To the greatest extent practicable, any requirements prescribed by the department or the board under this section in relation to an application, a grant agreement or the submission of information under subsection (8) of this section shall reduce any redundancies between a grant awarded under this section and a grant awarded from the Student Investment Account. Reduction in redundancies includes accepting for the purposes of grants awarded under this section any applicable forms or information submitted by the public charter school to the department or a school district for the purposes of a grant awarded from the Student Investment Account.

�� (10) A public charter school and a school district may not consider moneys received by the public charter school under this section when establishing payment for the provision of educational services to the public charter school�s students under ORS 338.155 (2) or (3).

�� (11) Prior to February 1 of each year, the department shall submit to the appropriate interim legislative committees a report related to the grants awarded under this section. The report must describe:

�� (a) The public charter schools that applied for the grants and the public charter schools that received the grants;

�� (b) The longitudinal performance growth targets included in grant agreements, as provided by subsection (6)(b) of this section; and

�� (c) Progress made toward meeting longitudinal performance growth targets, as reported under subsection (8)(a) of this section.

�� (12) The State Board of Education shall adopt any rules necessary for the distribution of grants under this section. [2021 c.518 �16; 2023 c.495 �12; 2025 c.406 �18]

(Defibrillator Grants)

�� 327.365 Automated external defibrillator grants; rules. (1) As used in this section, �public school facility� means a building or premanufactured structure used by a school district or public charter school to provide educational services to children.

�� (2) In addition to those moneys distributed through the State School Fund, the Department of Education may award grants to school districts and public charter schools to provide automated external defibrillators in public school facilities.

�� (3) The goal of the grant program is to provide automated external defibrillators in at least two public school facilities in each school district.

�� (4) Each school district and public charter school may apply for a grant under this section. The amount of any grant received by a school district or public charter school under this section may not exceed 60 percent of the actual costs for which grant funds may be used under subsection (5) of this section.

�� (5) Any school district or public charter school that receives grant funds under this section shall use the funds for:

�� (a) Purchasing or leasing automated external defibrillators to be placed in public school facilities;

�� (b) Providing training to school district and public charter school employees and volunteers on the use of automated external defibrillators; and

�� (c) Any other expense related to providing automated external defibrillators in public school facilities if the expense is approved by the Department of Education.

�� (6) The State Board of Education may adopt rules:

�� (a) To establish criteria for awarding grants based on the goal set forth in subsection (3) of this section;

�� (b) To determine the amount of each grant pursuant to subsection (4) of this section; and

�� (c) That are necessary for the administration of this section.

�� (7) The Department of Education shall seek federal grant funds for the purposes of the grant program.

�� (8) For purposes of the grant program, the Department of Education may accept contributions of funds and assistance from the United States Government and its agencies or from any other source, public or private, and agree to conditions placed on the funds not inconsistent with the purposes of the grant program.

�� (9) All funds received by the Department of Education under this section shall be paid into the Department of Education Account established in ORS 326.115 to the credit of the grant program. [2005 c.551 �4]

(Grants to Assist Students to Graduate)

�� 327.367 Early warning system; grants; rules. (1) As used in this section, �eligible recipient� means:

�� (a) A school district;

�� (b) The Youth Corrections Education Program;

�� (c) The Juvenile Detention Education Program;

�� (d) The Oregon School for the Deaf; or

�� (e) The school district or education service district that is providing the educational services for an eligible day treatment program or an eligible residential treatment program for which payment of the costs of education is provided as described in ORS 343.961 (2).

�� (2) In addition to those moneys distributed through the State School Fund, the Department of Education shall award grants from the Statewide Education Initiatives Account to eligible recipients to implement the early warning system described in this section that assists students in receiving a high school diploma.

�� (3)(a) A system funded by a grant awarded under this section must enable eligible recipients, students, students� families, educators, school counselors and community organizations to take necessary corrective actions to assist students in receiving a high school diploma.

�� (b) Corrective actions that may be taken must be based on research on rates of receiving high school diplomas and on reports of individual students related to:

�� (A) The student�s attendance;

�� (B) The student�s behavior at school or in the educational program that the student attends;

�� (C) The student�s academic or skill progress; and

�� (D) Any other factors identified by the State Board of Education by rule.

�� (4) The department shall assist eligible recipients that may apply for a grant under this section, that have applied for a grant under this section or that have received a grant under this section, as appropriate, by:

�� (a) Providing technical assistance to eligible recipients to ensure that the eligible recipients understand the goals and objectives of the system;

�� (b) Assisting eligible recipients in developing expertise in assisting students in receiving a high school diploma and developing a culture that encourages and assists students in receiving a high school diploma;

�� (c) Identifying meaningful predictive indicators of receiving a high school diploma;

�� (d) Developing local communication systems among students, students� families, educators and community organizations to assist students in receiving a high school diploma;

�� (e) Identifying and developing interventions to meet students� needs, including interventions at school or in the educational program, at home or in the community; and

�� (f) Reviewing existing policies and practices to:

�� (A) Expand policies and practices that encourage students to receive a high school diploma; and

�� (B) Eliminate or modify policies and practices that may provide a disincentive to receive a high school diploma.

�� (5)(a) Except as provided by paragraph (c) of this subsection, the amount of a grant awarded under this section = the eligible recipient�s ADMw � (the total amount available for distribution as grants in each biennium � the total ADMw of all eligible recipients).

�� (b) For purposes of this subsection and except as provided by paragraph (c) of this subsection, ADMw equals:

�� (A) For school districts, the ADMw as calculated under ORS 327.013.

�� (B) For an educational program under the Youth Corrections Education Program or the Juvenile Detention Education Program, the ADMw as calculated under ORS 327.026.

�� (C) For the Oregon School for the Deaf, an eligible day treatment program or an eligible residential treatment program, the ADMw as calculated by multiplying the average daily membership by 2.0.

�� (c) The amount of a grant awarded under this section may be adjusted by the department to ensure that each site of the Youth Corrections Education Program, the Juvenile Detention Education Program, an eligible day treatment program and an eligible residential treatment program receives a grant amount that is no less than any minimum grant amount established for school districts.

�� (6) The State Board of Education shall adopt any rules necessary for the administration of the grants described in this section. [2019 c.122 �46; 2025 c.498 �8]

(STEM and CTE Programs)

�� 327.372 Funding for activities related to science, technology, engineering and mathematics education and to career and technical education; report. (1) Activities related to science, technology, engineering and mathematics education and activities related to career and technical education that can lead to high wage and high demand jobs shall be funded as provided by this section.

�� (2) The Department of Education shall distribute moneys available to the department for the purpose of this section as follows:

�� (a) Forty percent for activities related to science, technology, engineering and mathematics education that are described in subsection (3) of this section. Moneys shall be distributed by the department under this paragraph based on recommendations of the STEM Investment Council.

�� (b) Sixty percent for activities related to career and technical education that can lead to high wage and high demand jobs and that are described in subsection (4) of this section. Moneys shall be distributed by the department under this paragraph based on recommendations of the committee established under ORS 344.075.

�� (3) Moneys distributed as provided by subsection (2)(a) of this section to fund activities related to science, technology, engineering and mathematics education shall be used to:

�� (a) Sustain a network of entities that are designated by regional partners to:

�� (A) Sustain and expand education in science, technology, engineering and mathematics; and

�� (B) Coordinate efforts described in subparagraph (A) of this paragraph with regional partners that support career and technical education and with local workforce development boards.

�� (b) Award grants to an entity that is part of the network described in paragraph (a) of this subsection to:

�� (A) Expand the implementation of effective programs related to science, technology, engineering and mathematics;

�� (B) Propose innovative approaches or programs related to science, technology, engineering and mathematics; or

�� (C) Provide professional development related to teaching science, technology, engineering and mathematics.

�� (c) Provide funding to recruit, retain and support underserved students, as defined by the State Board of Education by rule, for programs that:

�� (A) Are offered by entities that are part of the network described in paragraph (a) of this subsection in collaboration with community colleges and public universities;

�� (B) Can lead to high wage and high demand jobs related to science, technology, engineering and mathematics; and

�� (C) Are in alignment with regional labor market needs, with the needs of regional partners who represent industry and with regional career and technical education programs.

�� (d) Fund any other activities related to science, technology, engineering and mathematics education that are identified by the STEM Investment Council.

�� (4) Moneys distributed as provided by subsection (2)(b) of this section to fund activities related to career and technical education that can lead to high wage and high demand jobs shall be used for:

�� (a) Programs that expose students to career and technical education programs that can lead to high wage and high demand jobs.

�� (b) Career and Technical Education Revitalization grants awarded under ORS 344.075.

�� (c) Student leadership organizations related to career and technical education programs that can lead to high wage and high demand jobs.

�� (d) Distribution to school districts to support career and technical education programs in the school district that are approved by the Department of Education as being high quality and that can lead to high wage and high demand jobs. Moneys must be distributed to each school and public charter school in the school district based on the number of students enrolled at the school with the following characteristics:

�� (A) Students who are enrolled in and earned three or more credits for courses that are part of a career and technical education program that can lead to high wage and high demand jobs and that are approved by the Department of Education.

�� (B) Students who acquire an industry credential that can lead to a high wage and high demand job and that is approved by the Department of Education.

�� (C) Students described in subparagraph (A) or (B) of this paragraph who are historically underserved, as defined by the State Board of Education by rule.

�� (e) Administration of grants for the purpose of expanding teacher training programs and opportunities related to career and technical education that can lead to high wage and high demand jobs.

�� (f) Administration of a pilot program to increase students� exposure and access to career and technical education that can lead to high wage and high demand jobs.

�� (g) Funding any other activities related to career and technical education that can lead to high wage and high demand jobs and that are identified by the committee established under ORS 344.075.

�� (5) Except as otherwise provided, moneys distributed under subsections (3) and (4) of this section shall be distributed to school districts, education service districts, public schools, public charter schools, community colleges, public universities or statewide nonprofit organizations promoting student leadership in career and technical education or any combination thereof or in partnership with youth job development organizations, as defined in ORS 344.415, other nonprofit organizations or other entities identified by the State Board of Education by rule.

�� (6) From the moneys available under subsection (2) of this section, the Department of Education, the STEM Investment Council and the committee established under ORS

ORS 332.167

332.167]

�� Note: See note under 332.341.

�� 332.350 [Amended by 1957 c.634 �7; renumbered 336.285 and then 336.125]

SCHOOL VENTILATION QUALITY

�� 332.352 Definitions for ORS 332.352 to 332.365. As used in ORS 332.352 to 332.365:

�� (1) �ASHRAE� means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.

�� (2) �Certified TAB technician� means an individual certified by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau to test, adjust and balance an HVAC system.

�� (3) �HVAC� means heating, ventilation and air conditioning.

�� (4)(a) �Mechanical engineer� means an independent, registered professional engineer, as defined in ORS 672.002, with professional experience with HVAC systems.

�� (b) �Mechanical engineer� does not mean a mechanical engineer who is employed by a school district or who is affiliated with a contractor hired by a school district to carry out the work required under ORS 332.352 to 332.365.

�� (5)(a) �Mechanical ventilation system� means a building ventilation system consisting of permanent, mechanically powered equipment, such as motor-driven fans and blowers.

�� (b) �Mechanical ventilation system� does not include devices such as wind-driven turbine ventilators, portable air cleaning and filtration devices and mechanically operated windows.

�� (6) �Ppm� means parts per million.

�� (7) �Qualified adjusting personnel� means:

�� (a) A certified TAB technician; or

�� (b) An individual working under the on-site supervision of a certified TAB technician.

�� (8) �Qualified testing personnel� means:

�� (a) A certified TAB technician; or

�� (b) A person certified to perform ventilation verification assessments of HVAC systems through a certification body accredited by the American National Standards Institute National Accreditation Board.

�� (9) �School district� has the meaning given that term in ORS 332.002.

�� (10) �Specialty code� has the meaning given that term in ORS 455.010.

�� (11) �Training agent� has the meaning given that term in ORS 660.010. [2023 c.525 �1]

�� Note: 332.352 to 332.365 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 332 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 332.354 Ventilation verification assessment. (1) Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until funds are so expended.

�� (2) A school district shall have a ventilation verification assessment performed by qualified testing personnel at each school facility. The assessment shall be performed at least once every five years. The assessment shall include the following:

�� (a) A description of HVAC equipment model numbers or serial numbers and a general description of HVAC equipment.

�� (b) Testing to determine maximum filter efficiency.

�� (c) A calculation of the minimum outside air ventilation rates for each occupied area based on anticipated occupancy and the minimum required ventilation rate per occupant, as described in the minimum ventilation rate requirements set forth in the applicable specialty code.

�� (d) Physical measurements of outside air rates.

�� (e) Verification of the proper operation of ventilation components in accordance with applicable standards set forth in the specialty code.

�� (f) Measurement of all air distribution inlets and outlets.

�� (g) Verification of the proper operation of the HVAC system and that required maintenance has been performed in accordance with ASHRAE Standard 62.1-2022, Section 8 and Table 8-1 and any applicable specialty code.

�� (h) Verification of control sequences in accordance with the applicable standards set forth in the specialty code.

�� (i) The collection of field data for the installation of a mechanical ventilation system, if no mechanical ventilation system exists at the school facility.

�� (3) Qualified testing personnel shall record the results of the assessment in a report and submit the report for review by a mechanical engineer as described in ORS

ORS 332.358

332.358. [2023 c.525 �2]

�� Note: See note under 332.352.

�� 332.356 Carbon dioxide monitors and alarms; rules. (1) Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until funds are so expended.

�� (2) A school district shall ensure that each classroom is equipped with a carbon dioxide monitor that meets applicable standards required for carbon dioxide monitors under the specialty code and that each monitor:

�� (a) Is mounted to a wall between three and six feet above the floor and at least five feet away from doors and operable windows.

�� (b) Displays, at a minimum, carbon dioxide level readings that are readily visible to an individual who is inside the classroom.

�� (c) Provides notification by a visual indicator on the monitor that is made readily visible to an individual who is inside the classroom when carbon dioxide levels in the classroom exceed 1,100 ppm.

�� (d) Maintains a record of previous data, which includes at least the maximum carbon dioxide concentrations measured.

�� (e) Has a range of at least 400 to 5,000 ppm.

�� (f) Is certified by the manufacturer to be accurate within 75 ppm at 1,000 ppm carbon dioxide concentration and is certified by the manufacturer to require calibration no more frequently than once every five years.

�� (3) Qualified testing personnel shall assess whether carbon dioxide monitors meet the requirements of this section and include the assessment in the report submitted to a mechanical engineer under ORS 332.358.

�� (4)(a) If a classroom carbon dioxide concentration alarm setpoint is exceeded for more than 15 minutes more than four times during a month, classroom ventilation rates shall be adjusted or a direct outside airflow intake flow measurement device installed, and its accuracy verified, to ensure that peak carbon dioxide concentrations in the classroom remain below the setpoint.

�� (b) Adjustments shall be performed by qualified adjusting personnel.

�� (c) Each school shall:

�� (A) Record all incidents where the setpoint is breached in a classroom and maintain these records for at least five years.

�� (B) Upon request by a member of the public and free of charge, provide reasonable access to review the records described in subparagraph (A) of this paragraph in the central office of each school facility and in the central administrative office for each school district.

�� (d) Nothing in paragraph (c) of this subsection requires the Department of Education to verify the contents of the records described in paragraph (c) of this subsection.

�� (5) The Department of Education may, by rules adopted under ORS 332.365, adjust the technical requirements for carbon dioxide monitors described in this section based on technological developments and as is consistent with maintaining proper ventilation in classrooms in accordance with any applicable standards set forth by the specialty code. [2023 c.525 �3]

�� Note: See note under 332.352.

�� 332.358 HVAC assessment report; review by mechanical engineer. (1) Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until funds are so expended.

�� (2) A school district shall obtain an HVAC assessment report prepared by qualified testing personnel. The report shall include the results of the ventilation verification assessment carried out under ORS 332.354 and a description of whether carbon dioxide monitors meet the requirements of ORS 332.356.

�� (3) A school district shall ensure that a mechanical engineer reviews the report prepared under subsection (2) of this section. The mechanical engineer shall confirm or adjust the estimated minimum outside air ventilation rates and determine what, if any, additional adjustments, repairs, upgrades or replacements would be necessary to meet the minimum ventilation and filtration requirements of the specialty code, and provide a cost estimate for all recommended work.

�� (4) A school district shall perform the necessary adjustments, repairs, upgrades or replacements recommended by the mechanical engineer under subsection (3) of this section. [2023 c.525 �4]

�� Note: See note under 332.352.

�� 332.360 [Amended by 1957 c.634 �8; renumbered 336.073]

�� 332.361 Contractor requirements for indoor HVAC infrastructure improvements. (1) A school district shall require a contractor carrying out work on projects for indoor HVAC infrastructure improvements under ORS 332.352 to 332.365 to:

�� (a) Participate as a training agent in an apprenticeship program registered with the State Apprenticeship and Training Council to provide on-the-job training opportunities for apprentices in apprenticeable occupations to perform work on the project;

�� (b) Establish and implement a plan for outreach, recruitment and retention of women, minority individuals and veterans to perform work on the project 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) Pay wages to workers who perform work on the project at a rate that is no less than the prevailing wage rate;

�� (d) Offer employer-paid family health insurance and retirement benefits to workers who perform work on the project;

�� (e) Demonstrate a history of material compliance in the previous three years, or provide available history for a new business, with federal and state wage and hour laws and applicable prevailing wage rate laws;

�� (f) Demonstrate a history of material compliance in the previous three years, or provide available history for a new business, with the rules and other requirements of state agencies with oversight regarding occupational safety and health; and

�� (g) Ensure at all times during the duration of the project that work is performed by qualified testing personnel or qualified adjusting personnel as required by ORS 332.352 to 332.365.

�� (2)(a) In lieu of complying with the requirements described under subsection (1) of this section, a contractor may provide the school district with a copy of a project labor agreement and shall be exempted from the requirements described in subsection (1) of this section.

�� (b) As used in this subsection, �project labor agreement� means a project labor agreement as defined in 48 C.F.R. 52.222-34, as in effect on January 1, 2024. [2023 c.525 �5]

�� Note: See note under 332.352.

�� 332.363 HVAC verification report. (1) If a school district completes the work recommended by a mechanical engineer under ORS 332.358, the school district shall, within 30 days of completing the work, submit to the Department of Education an HVAC verification report that includes:

�� (a) The name and address of the school facility and the name and address of the person preparing the report.

�� (b) A description of assessment, maintenance, adjustment, repair, upgrade and replacement activities performed and outcomes, including:

�� (A) The minimum efficiency reporting value of the filtration system.

�� (B) Verification that ventilation rates for facility classrooms, auditoriums, gymnasiums, nurses� offices, restrooms, offices and other occupiable indoor spaces meet the minimum ventilation rate requirements set forth in the specialty code or an explanation of why the current system is unable to meet those requirements.

�� (C) Verified exhaust rates for facility classrooms, auditoriums, gymnasiums, nurses� offices, restrooms, offices and other occupiable indoor spaces and whether those rates meet the requirements of the system design.

�� (D) Documentation of initial operating verifications, adjustments and final operating verifications.

�� (E) Verification that carbon dioxide monitors have been installed and are operating in compliance with ORS 332.356.

�� (F) Verification that work performed satisfies the workforce standards described in ORS 332.361, including providing the names and certification or license numbers of contractors, qualified testing personnel and qualified adjusting personnel.

�� (2) The department shall maintain a copy of the report required under this section for at least five years.

�� (3) The HVAC verification report described in this section is subject to inspection as a public record under ORS 192.311 to 192.478.

�� (4) Nothing in this section requires the department to verify the contents of a HVAC verification report described in this section. [2023 c.525 �6]

�� Note: See note under 332.352.

�� 332.365 Rules. The Department of Education may adopt rules as necessary to carry out ORS 332.352 to 332.365. [2023 c.525 �7]

�� Note: See note under 332.352.

�� 332.370 [Amended by 1957 c.634 �9; renumbered 332.215]

�� 332.375 [1965 c.147 �2; repealed by 1993 c.45 �52]

�� 332.380 [Amended by 1957 c.634 �10; 1963 c.131 �1; renumbered 332.155]

GIFTS

�� 332.385 Gifts for scholarships and loans. If the district school board accepts money and property donated for the purpose of establishing scholarship and loan funds for the post-high-school education of students of the district, then, subject to the conditions of the gift, the board may appoint a scholarship committee which, subject to the rules of the board, shall determine the eligibility of applicants for scholarships and loans, award scholarships and loans and fix the amounts to be awarded and the terms and conditions of the awards. [1965 c.132 �2; 1967 c.67 �4]

�� 332.390 [Repealed by 1953 c.424 �2 (332.085 enacted in lieu of 332.390)]

�� 332.400 [1961 c.570 ��1,2,4,5; renumbered

ORS 348.448

348.448. The Nursing Faculty Loan Repayment Fund consists of:

�� (A) Moneys appropriated to the commission for the Nursing Faculty Loan Repayment Program created in ORS 348.444; and

�� (B) Grants, gifts or donations received by the commission for the program.

�� (b) Any unexpended funds in the fund at the end of a biennium shall be retained in the fund and may be expended in subsequent biennia. [Formerly 351.665; 1967 c.335 �41; 1967 c.430 ��6, 7; 1969 c.573 �4; 1975 c.520 �5; 1977 c.725 �10; 1981 c.209 �2; 1983 c.639 �1; 1987 c.48 �2; 1987 c.842 �18; 1989 c.966 �32; 1997 c.524 �5; 1999 c.704 �3; 2001 c.599 �6; 2001 c.730 �2; 2003 c.360 ��4,5; 2007 c.293 ��3,4; 2007 c.426 ��4,5; 2009 c.815 �4; 2011 c.358 �3; 2011 c.637 �174; 2011 c.642 �3; 2013 c.747 �118; 2015 c.513 �8; 2015 c.829 �5; 2017 c.17 �29; 2017 c.66 �49; 2019 c.384 �25]

�� 348.575 [1969 c.573 �2; 1983 c.639 �2; 1985 c.565 �62; repealed by 2007 c.426 �7]

�� 348.576 STEM Fund. (1) The STEM Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the STEM Fund shall be credited to the fund. Moneys in the STEM Fund are continuously appropriated to the Higher Education Coordinating Commission for the purpose of providing scholarships to students to encourage study in science, technology, engineering and mathematics.

�� (2) The commission may accept grants, donations, contributions or gifts from any source for deposit in the STEM Fund. [2012 c.94 �3; 2013 c.747 �198]

�� Note: 348.576 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 348 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 348.580 Privately funded student aid; agreements with community foundations. (1) Subject to the terms of the governing instruments and applicable law, the Higher Education Coordinating Commission may enter into agreements with one or more community foundations in Oregon to assume the management of the privately funded student aid programs of the commission. The commission may transfer to the community foundation any or all gifts or scholarship grants received by the commission from any private donor.

�� (2) All gifts or scholarship grant funds received by the commission that are not transferred to community foundations pursuant to subsection (1) of this section shall be placed in the hands of the State Treasurer, who is designated as the custodian thereof and who may hold, in the manner provided by law, the principal and interest on the gifts and grants. Funds may be withdrawn periodically by the commission to provide for administrative expenditures and make payments upon scholarships awarded by the commission.

�� (3) As used in this section, �community foundation� means an organization that is:

�� (a) A community trust or foundation within the meaning of section 170 of the Internal Revenue Code of 1986 and section 1.170A-9(e)(10) of the Treasury Regulations thereunder;

�� (b) Exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986; and

�� (c) Not a private foundation within the meaning of section 509 of the Internal Revenue Code of 1986. [Formerly 351.670; 1967 c.335 �42; 1987 c.394 �6; 1993 c.258 �1; 1995 c.12 �5; 1997 c.524 �1; 2011 c.637 �175; 2013 c.747 �119]

�� 348.582 �Institution of higher education� defined for ORS 348.584 and 348.586. As used in ORS 348.584 and

ORS 351.762

351.762 in 2013]

�� 326.380 [2003 c.798 �1; renumbered 351.764 in 2013]

�� 326.382 [2003 c.798 �2; 2005 c.22 �230; 2005 c.216 �1; renumbered 351.766 in 2013]

�� 326.400 [1989 c.968 �1; repealed by 1993 c.45 �15 and 1993 c.156 �1]

�� 326.410 [1989 c.968 �2; repealed by 1993 c.45 �16 and 1993 c.156 �1]

DEPARTMENT OF EARLY LEARNING AND CARE

�� 326.425 Early Learning Council; purposes; members; rules. (1) The Early Learning Council is established.

�� (2) The council is established to coordinate a unified and aligned system of early learning services for the purposes of ensuring that:

�� (a) Children enter school ready to learn; and

�� (b) Families are healthy, stable and attached.

�� (3) The Early Learning Council shall accomplish the purposes described in subsection (2) of this section by:

�� (a) Designating a committee to serve as the state advisory council for purposes of:

�� (A) The federal Head Start Act, as provided by ORS 417.796.

�� (B) Providing advice on matters related to the Oregon Prenatal to Kindergarten Program.

�� (b) Coordinating an integrated system that aligns the delivery of early learning services.

�� (c) Coordinating the Oregon Early Learning System created by ORS 417.727.

�� (4) The council consists of members appointed as provided by subsections (5) and (6) of this section.

�� (5)(a) The Governor shall appoint 11 voting members who are appointed for a term of four years and serve at the pleasure of the Governor. A person appointed under this subsection may not be appointed to serve more than two consecutive full terms as a council member.

�� (b) When determining whom to appoint to the council under this subsection, the Governor shall:

�� (A) Ensure that each congressional district of this state is represented;

�� (B) Ensure that at least one member represents the tribes of this state;

�� (C) Ensure that at least one member represents the workforces for child care and early learning;

�� (D) Ensure that each member meets the following qualifications:

�� (i) Demonstrates leadership skills in civics or the member�s profession;

�� (ii) To the greatest extent practicable, contributes to the council�s representation of the geographic, ethnic, gender, racial and economic diversity of this state; and

�� (iii) Contributes to the council�s expertise, knowledge and experience in early childhood development, early childhood care, early childhood education, family financial stability, populations disproportionately burdened by poor education outcomes and outcome-based best practices; and

�� (E) Solicit recommendations from the Speaker of the House of Representatives for at least two members and from the President of the Senate for at least two members.

�� (6) In addition to the members appointed under subsection (5) of this section, the Governor shall appoint nonvoting, ex officio members who represent relevant state agencies.

�� (7) The activities of the council shall be directed and supervised by the Early Learning System Director.

�� (8) In accordance with applicable provisions of ORS chapter 183, the council may adopt rules necessary for the administration of the laws that the council is charged with administering. When adopting rules related to child care, the council must appoint an advisory committee in accordance with ORS 183.333 that includes representatives of child care providers that are licensed or not licensed, as appropriate. [2011 c.519 �4; 2012 c.36 ��22a,22b; 2012 c.37 �3; 2015 c.774 ��14,14a,44; 2019 c.395 ��1,2; 2021 c.631 �18; 2023 c.547 �4; 2023 c.604 ��5,6]

�� 326.430 Department of Early Learning and Care; purposes. (1)(a) The Department of Early Learning and Care is established.

�� (b) The functions of the department may be divided into administrative divisions or offices. Each division or office shall be under the supervision of a person appointed by the Early Learning System Director. The appointees serve at the pleasure of the director.

�� (2) The purposes of the department are to:

�� (a) Ensure that every child in this state is given the best opportunity to succeed in school, work and life by providing:

�� (A) High-quality early childhood education programs for children from birth through five years of age and child care for children from birth through 12 years of age; and

�� (B) Care for children who have a physical or developmental disability or who require other specialized care from birth through 17 years of age;

�� (b) Administer laws and perform functions related to early childhood to ensure that children enter school ready to learn and families are healthy, stable and attached; and

�� (c) Administer programs in a manner that supports parents� and providers� needs and considers the economic security and well-being of parents and providers.

�� (3) The department shall function under and be coordinated by the Early Learning Council.

�� (4) The Early Learning System Director appointed under ORS 326.432 shall serve as the administrative officer of the department. [2013 c.624 �1; 2015 c.774 ��15,45; 2021 c.631 �11; 2023 c.554 �3]

�� 326.432 Early Learning System Director. (1) The Department of Early Learning and Care is under the supervision and control of the Early Learning System Director, who is responsible for the performance of the duties, functions and powers of the department.

�� (2) The director shall be appointed by the Governor and serves at the pleasure of the Governor.

�� (3) The director shall receive such salary as may be provided by law or, if not so provided, as may be fixed by the Governor, and shall be reimbursed for all expenses actually and necessarily incurred by the director in the performance of official duties.

�� (4) Subject to any applicable provisions of ORS chapter 240, the director shall appoint all subordinate officers and employees of the department, prescribe their duties and fix their compensation.

�� (5) The director may apply for, receive and accept grants, gifts or other payments, including property or services from any governmental or other public or private person, and may make arrangement to use the receipts, including for undertaking special studies and other projects that relate to the costs of child care and access to child care.

�� (6) The director may delegate any duty, function or power of the director to a subordinate employee, unless otherwise prohibited by law or rule. [2021 c.631 �12; 2023 c.26 �7]

�� 326.435 Department of Early Learning and Care Fund. (1) The Department of Early Learning and Care Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Department of Early Learning and Care Fund shall be credited to the fund.

�� (2) Moneys in the Department of Early Learning and Care Fund consist of:

�� (a) Amounts donated to the fund;

�� (b) Moneys transferred to the fund from the federal government, state agencies and local governments;

�� (c) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;

�� (d) Investment earnings received on moneys in the fund; and

�� (e) Other amounts deposited in the fund from any source.

�� (3) Moneys in the fund are continuously appropriated to the Department of Early Learning and Care for the purpose of fulfilling the duties, functions and powers of the Department of Early Learning and Care.

�� (4) The Department of Early Learning and Care may establish accounts and subaccounts within the fund when the Department of Early Learning and Care determines that accounts or subaccounts are necessary or desirable and may credit any interest or income derived from moneys in the fund to any account or subaccount in the fund. [2012 c.37 �10; 2013 c.624 �19; 2021 c.631 �19]

�� 326.438 Disbursement and expenditure of moneys appropriated or allocated to Department of Early Learning and Care. (1) The Department of Early Learning and Care shall disburse and expend moneys in a manner that is consistent with the intended purposes for which the moneys were appropriated or allocated to the department.

�� (2) If moneys are appropriated or allocated to the department and provisions for the intended disbursement or expenditure of the moneys are not provided in statute, in agreement or by any other means related to the appropriation or allocation, the department may disburse or expend the moneys in the manner the department determines is most consistent with the intended purposes for which the moneys were appropriated or allocated, including by:

�� (a) Awarding a grant;

�� (b) Entering into a contract, intergovernmental agreement or other legal agreement; or

�� (c) Passing through moneys based on state or federal law or legal agreement.

�� (3) This section applies to moneys received from the federal government or its agencies, moneys appropriated by the Legislative Assembly or any other moneys appropriated or allocated to the department. [2023 c.26 �3]

�� 326.440 Interagency agreements. The Early Learning System Director and the Director of Human Services may delegate to each other by interagency agreement any duties, functions or powers granted to the Department of Early Learning and Care or the Department of Human Services, as the directors deem necessary for the efficient and effective operation of the respective functions of the departments, including:

�� (1) Eligibility determinations for programs established under either department.

�� (2) Administrative proceedings, including contested case hearings and judicial reviews.

�� (3) The authority to make or receive payments.

�� (4) The recovery of erroneous payments or of overpayments. [2023 c.26 �4]

�� 326.442 Authority to enter agreements related to records, papers, files and communications. (1) The Department of Early Learning and Care may enter into agreements governing the custody, use and preservation of the records, papers, files and communications of the department in accordance with applicable privacy laws. The use of the records, papers, files and communications is limited to the purposes for which they are furnished and by the provisions of law under which they may be furnished.

�� (2) The records, papers, files and communications of the Department of Early Learning and Care may be maintained in a single or combined data system accessible to the Department of Early Learning and Care and to the Department of Human Services, the Department of Education or any other state agency, subject to mutual agreement, for the administration of programs and the coordination of functions shared by the Department of Early Learning and Care and the other state agency. [2023 c.26 �5]

STEM INVESTMENT COUNCIL

�� 326.500 STEM Investment Council; purpose; council director; annual report. (1) The STEM Investment Council is established. The council shall function under the joint direction and control of the State Board of Education and the Higher Education Coordinating Commission.

�� (2)(a) The council is established for the purpose of assisting the Superintendent of Public Instruction and the executive director of the Higher Education Coordinating Commission in jointly developing and overseeing a long-term strategy that advances the following educational goals related to science, technology, engineering and mathematics:

�� (A) Having a specified percentage of students in 4th and 8th grades who are proficient or advanced in mathematics and science, as determined using a nationally representative assessment of students� knowledge in mathematics and science; and

�� (B) Having a specified number of students who earn a post-secondary degree requiring proficiency in science, technology, engineering or mathematics.

�� (b) Achievement of the goals described in paragraph (a) of this subsection shall be determined based on percentages and numbers determined by the council.

�� (3) To advance the educational goals described in subsection (2) of this section, the council shall make recommendations to:

�� (a) The Superintendent of Public Instruction regarding the administration of the STEM Investment Grant Program established in ORS 327.380;

�� (b) The Superintendent of Public Instruction regarding the distribution of moneys under ORS 327.372; and

�� (c) The Superintendent of Public Instruction and the executive director of the Higher Education Coordinating Commission regarding other investments in science, technology, engineering and mathematics that are made or overseen by the State Board of Education or the Higher Education Coordinating Commission.

�� (4) The council consists of nine members from the private sector who are jointly appointed by the Superintendent of Public Instruction and the executive director of the Higher Education Coordinating Commission and serve at the pleasure of the superintendent and the executive director.

�� (5) To aid and advise the council in the performance of the council�s duties, the council:

�� (a) Shall recruit educators and administrators from kindergarten through grade 12 and from post-secondary education to be nonvoting advisory members of the council;

�� (b) May recruit nonvoting advisory members to the council who are in addition to the members identified in paragraph (a) of this subsection; and

�� (c) May establish advisory and technical committees that the council considers necessary.

�� (6)(a) The Superintendent of Public Instruction and the executive director of the Higher Education Coordinating Commission shall jointly appoint a council director. The council director shall serve at the pleasure of the superintendent and the executive director.

�� (b) Except as otherwise directed by the Superintendent of Public Instruction and the executive director of the Higher Education Coordinating Commission, the activities of the council shall be directed and supervised by the council director.

�� (7) Members of the council are not entitled to compensation or reimbursement for expenses and serve as volunteers of the council.

�� (8) The council shall submit an annual report to the State Board of Education, Higher Education Coordinating Commission and the Legislative Assembly on the progress made toward achieving the goals described in subsection (2) of this section and the distribution of funds under the STEM Investment Grant Program. [2013 c.739 �1; 2013 c.736 ��4,6; 2015 c.366 ��74,75; 2015 c.763 ��5,6,7; 2015 c.767 �245; 2015 c.774 ��16,46,47]

�� 326.510 [Formerly 343.950; 1973 c.708 �1; renumbered 343.960]

INTELLECTUAL PROPERTY

�� 326.520 Acquisition of intellectual property by board.

The State Board of Education may acquire intellectual property of any kind, whether patentable or copyrightable or not, including patents, copyrights, inventions, discoveries, processes and ideas. Such property may be acquired:

�� (1) By gift.

�� (2) By outright purchase with money in the Board of Education Invention Fund or otherwise made available for such purpose.

�� (3) By assignment pursuant to a contract whereby the board undertakes to aid in the development of the assigned property and to pay the assignor a share of any money received on account of its ownership or management thereof. [Formerly 326.102]

�� 326.530 Management, development and disposition of intellectual property.

(1) The State Board of Education may manage, develop or dispose of property acquired under ORS 326.520 in any manner deemed by the board to be in the public interest. The board may contract with any person regarding such management, development or disposition.

�� (2) The board may determine the terms and conditions of any transaction authorized by ORS 326.520 to 326.540 and need not require competitive bids in connection therewith. No formal publicity or advertising is required regarding property for the development of which the board wishes to contract, but the board shall make reasonable efforts to disseminate pertinent information in appropriate research and industrial circles.

�� (3) If the board deems it inadvisable to proceed with the development or management of property acquired under ORS 326.520, it may reassign such property to the person from whom it was acquired upon being compensated for any expenditure made on account of such property. [Formerly 326.104]

�� 326.540 Revenue from intellectual property; Board of Education Invention Fund; purpose. (1) Moneys received by the State Board of Education as a result of ownership or management of property acquired under ORS 326.520 or of transactions regarding such property shall be deposited in the State Treasury and credited to a special fund separate and distinct from the General Fund to be known as the Board of Education Invention Fund.

�� (2) The moneys in the Board of Education Invention Fund are continuously appropriated to the board for the following purposes:

�� (a) To pay the agreed share of an assignor of intellectual property.

�� (b) For the advancement of research in an institution under its control.

�� (c) For the acquisition, management or development of intellectual property. [Formerly

ORS 352.217

352.217]

�� 352.710 [1971 c.693 �1; renumbered 350.630 in 2015]

�� 352.720 [1971 c.693 �2; 1973 c.721 �6; 1977 c.735 �1; 1977 c.768 �2; 1978 c.1 �4; 1989 c.845 �3; 1999 c.704 �20; 2011 c.637 �253; 2013 c.1 �51; renumbered 350.635 in 2015]

�� 352.730 [1971 c.693 �3; 1981 c.213 �1; 2011 c.637 �254; 2013 c.747 �149; renumbered 350.640 in 2015]

�� 352.740 [1971 c.693 �4; 1973 c.815 �5; 1977 c.768 �1; 2011 c.637 �255; 2013 c.747 �150; renumbered 350.645 in 2015]

OREGON INSTITUTE OF TECHNOLOGY

�� 352.745 Oregon Renewable Energy Center. (1) Pursuant to ORS 352.372, there is created the Oregon Renewable Energy Center. The Oregon Renewable Energy Center shall be administered by the Oregon Institute of Technology.

�� (2) The purpose of the Oregon Renewable Energy Center is to engage in renewable energy system engineering and applied research.

�� (3) The Oregon Institute of Technology may receive moneys from any public or private source to support the Oregon Renewable Energy Center. Gifts and grants received to support the Oregon Renewable Energy Center shall be credited to the appropriate fund at the Oregon Institute of Technology. [Formerly 352.221]

�� 352.750 [1971 c.693 �5; 2011 c.637 �256; 2013 c.747 �151; renumbered 350.650 in 2015]

�� 352.752 Oregon Center for Health Professions. (1) As used in this section:

�� (a) �Allied health education programs� includes, but is not limited to:

�� (A) Radiologic science;

�� (B) Nuclear medicine;

�� (C) Sonography;

�� (D) Vascular technology;

�� (E) Dental hygiene;

�� (F) Respiratory care;

�� (G) Clinical laboratory sciences; and

�� (H) Emergency medical services provider education.

�� (b) �Allied health education programs� does not include any undergraduate or graduate nursing program administered by Oregon Health and Science University.

�� (2) There is created the Oregon Center for Health Professions. The Oregon Center for Health Professions shall be administered by the Oregon Institute of Technology.

�� (3) The purposes of the Oregon Center for Health Professions are to:

�� (a) Provide continued development of bachelor�s degree level education programs in areas of allied health;

�� (b) Facilitate the creation of new partnerships between the health care industry and community colleges, private institutions of higher education and public universities listed in ORS 352.002 in order to increase the number of students and graduates in allied health education programs;

�� (c) Provide continuing education, professional development and certificate programs for allied health care professionals; and

�� (d) Align with and complement educational partnerships between the Oregon Institute of Technology and Oregon Health and Science University focusing on allied health education programs.

�� (4) The Oregon Institute of Technology may receive moneys from any public or private source to support the Oregon Center for Health Professions. Gifts and grants received to support the Oregon Center for Health Professions shall be credited to the appropriate fund at the Oregon Institute of Technology. [Formerly 352.223]

�� 352.760 [1971 c.693 �7; renumbered 350.655 in 2015]

�� 352.790 [1987 c.812 �1; 2007 c.783 �153; 2013 c.1 �52; renumbered 350.665 in 2015]

�� 352.795 [1987 c.812 �2; renumbered 350.670 in 2015]

�� 352.800 [1987 c.812 �3; 2007 c.783 �154; renumbered 350.675 in 2015]

OREGON STATE UNIVERSITY

�� 352.801 Oregon State University designated as agricultural college of the state; Sea Grant College; program in Veterinary Medicine. (1) Oregon State University is designated and permanently adopted as the agricultural college of the state and shall provide, in accordance with the objectives sought by Congress in the establishment of state agricultural colleges, instruction in agriculture and the mechanic arts. The university is also a Sea Grant College dedicated to education and research in the marine sciences.

�� (2) Oregon State University, or any other public university listed in ORS 352.002 that receives authorization from the Higher Education Coordinating Commission, is authorized to enter into agreements with its counterpart in the State of Idaho and with the Board of Regents of Washington State University for cooperative development of the program in Veterinary Medicine. [Formerly 352.230]

�� 352.805 [1987 c.812 �4; 1997 c.631 �465; 2003 c.195 �27; 2007 c.783 �155; renumbered 350.680 in 2015]

�� 352.808 Institute for Natural Resources. (1) The Institute for Natural Resources is established at Oregon State University. In administering the institute, Oregon State University may seek the cooperation of other public universities listed in ORS 352.002.

�� (2) The Institute for Natural Resources shall serve the following purposes:

�� (a) Serve as a clearinghouse for scientifically based natural resources information.

�� (b) Provide scientifically based natural resources information to the public in integrated and accessible formats.

�� (c) Coordinate efforts with other state agencies and bodies to provide natural resources information to the public in a comprehensive manner.

�� (d) Facilitate and conduct research.

�� (e) Provide information and technical tools to assist decision-making on natural resources issues.

�� (f) Assist the State Parks and Recreation Commission in carrying out the Natural Areas Program by maintaining a data bank that contains a classification of natural heritage resources and an inventory of the locations of the resources. At a minimum, the institute shall record in the data bank the location of state natural areas, the natural heritage resources in those areas, sites that are inhabited by rare species, and lists that rank by rarity species, plant communities and ecosystem types. The institute shall make the information included in the data bank available to private landowners, researchers and local, state and federal agencies.

�� (g) Assist the State Parks and Recreation Department in carrying out the Natural Areas Program by reviewing and providing recommendations on proposals for registration and dedication of natural areas.

�� (3) When making observations on private land, an employee of Oregon State University, or another public university listed in ORS 352.002 that is providing administrative support, who is compiling information for the Natural Areas Program pursuant to subsection (2)(f) of this section must obtain permission from the landowner before entering private land, collecting information or entering the information into the data bank.

�� (4) Using existing resources, state agencies designated by the Governor shall enter into a memorandum of understanding, or other agreement deemed appropriate by the Governor, with the institute that defines and clarifies the roles and responsibilities of the agencies in order to prevent duplication of effort and to ensure that agency resources are used efficiently.

�� (5) State agencies may contract with the institute to fulfill agency needs regarding the collection, storage, integration, analysis, dissemination and monitoring of natural resources information and natural resources research and training. [Formerly

ORS 358.635

358.635. [1983 c.295 ��1,5,6; 1989 c.743 �3]

�� 358.655 [1979 c.205 �4; 1987 c.883 �1; 1989 c.743 �4; 1991 c.240 �5; repealed by 1995 c.428 �8]

�� 358.660 [1989 c.112 �6; 1995 c.144 �2; repealed by 2003 c.18 �2]

HISTORIC PRESERVATION REVOLVING LOAN FUND

�� 358.662 Definitions for ORS 358.662 to 358.678. As used in ORS 358.662 to 358.678:

�� (1) �Eligible costs� includes architectural, engineering, material and planning costs, rehabilitation and reconstruction costs, and construction expenses necessary to meet building code requirements.

�� (2) �Financial need� means the amount of moneys that must be obtained from a lender in order for the proposed project to be completed.

�� (3) �Historic property� means real property that is:

�� (a) Listed individually in the National Register of Historic Places established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665);

�� (b) A contributing property in a National Register Historic District; or

�� (c) Designated by local ordinance as an individual historic property or as a contributing property in a historic district and that the State Historic Preservation Officer finds is eligible for listing in the National Register of Historic Places.

�� (4) �Owner� includes a purchaser under a recorded instrument of sale.

�� (5) �Standards and guidelines for the rehabilitation of historic property� means the standards and guidelines adopted by the State Historic Preservation Officer under ORS

ORS 36.268

36.268, all memoranda, work products and other materials contained in the case files of a mediator, an agricultural mediation service provider or the State Department of Agriculture are confidential. Any communication made in, or in connection with, the mediation that relates to the dispute being mediated, whether made to the mediator or a party, or to any other person if made at a mediation session, is confidential. However, a mediation agreement entered into under ORS 36.260 is not confidential unless the parties otherwise agree in writing.

�� (2) Confidential materials and communications are not subject to disclosure in any judicial or administrative proceeding except:

�� (a) When all parties to the mediation agree, in writing, to waive the confidentiality;

�� (b) In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation; or

�� (c) When the material or communications are statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, that were not prepared specifically for use in and not actually used in the mediation.

�� (3) Notwithstanding subsection (2) of this section, a mediator may not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree, in writing, to waive the confidentiality. [1989 c.967 �8; 2015 c.202 �7]

�� Note: See note under 36.252.

�� 36.264 Civil immunity for mediators and mediation service providers. Mediators and agricultural mediation service providers are immune from civil liability for, or resulting from, any act or omission done or made while engaged in efforts to assist or facilitate a mediation under ORS 36.252 to 36.268, unless the act or omission was made or done in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another. [1989 c.967 �9; 2015 c.202 �8]

�� Note: See note under 36.252.

�� 36.266 Suspension of court proceedings during mediation; dismissal of action. (1) During the pendency of any action between parties to a mediation under ORS 36.252 to 36.268, the court may, upon stipulation by all parties, enter an order suspending the action.

�� (2) A suspension order under subsection (1) of this section suspends all orders and proceedings in the action for the time period specified in the suspension order. In specifying the time period, the court shall exercise its discretion for the purpose of permitting the parties to engage in mediation without prejudice to the rights of any person. The suspension order may include other terms and conditions as the court may consider appropriate. The suspension order may be revoked upon motion of any party or upon motion of the court.

�� (3) If all parties to the action agree, by written stipulation, that all issues before the court are resolved by mediation under ORS 36.252 to 36.268, the court shall dismiss the action. If the parties do not agree that the issues are resolved or if the court revokes the suspension order under subsection (2) of this section, the action shall proceed as if mediation had not been attempted. [1989 c.967 �10; 2015 c.202 �9]

�� Note: See note under 36.252.

�� 36.268 Provision of mediation services contingent on funding. The duty of the State Department of Agriculture and the Director of Agriculture to provide mediation services under ORS 36.252 to 36.268 is contingent upon the existence and the level of funding specifically made available to carry out that duty. Should continuation of mediation services be threatened for lack of funding, the department shall proceed with all diligence to secure additional funds, including but not limited to requesting an additional allocation of funds from the Emergency Board. [1993 c.163 �2]

�� Note: See note under 36.252.

�� 36.270 [1995 c.277 �5; repealed by 2015 c.202 �1]

(Mediation of Disputes Related to Farming Practices)

�� 36.280 Mediation of disputes related to interference with farming practices. (1) If a person that is engaged in a farming practice, as defined in ORS 30.930, has a reasonable belief that the planting, growing or harvesting of an agricultural or horticultural commodity on nearby land might interfere with or is interfering with the farming practice, and the person responsible for the planting, growing or harvesting disputes that it might interfere with or is interfering with the farming practice, the State Department of Agriculture shall, if requested by either party to the dispute:

�� (a) Provide mediation program services under ORS 36.252 to assist the parties in attempting to reach a voluntary resolution of the dispute; or

�� (b) Refer the parties to the United States Department of Agriculture for the purpose of participating in a certified state agricultural mediation program.

�� (2) A person that is requested to participate in a mediation proceeding under this section may elect to have the proceeding conducted through the use of mediation program services described in subsection (1)(a) of this section or under a mediation program described in subsection (1)(b) of this section. However, if the State Department of Agriculture has referred the parties under subsection (1)(b) of this section, a person electing to instead use mediation services described in subsection (1)(a) of this section must pay any additional costs and fees resulting from that election.

�� (3) If the State Department of Agriculture provides mediation program services under subsection (1)(a) of this section, the total amount that the department may require of the parties as costs and fees for services provided in connection with the mediation of the dispute may not exceed $2,500. The party requesting the mediation services is responsible for paying the costs and fees unless both parties agree to divide the costs and fees. Unless the parties agree to a shorter time, the department shall conduct at least four hours of mediation proceedings to attempt to reach resolution of the dispute.

�� (4) If a party is offered dispute mediation under subsection (1) of this section and is unwilling to participate in a mediation proceeding, a court may consider that unwillingness when determining whether to grant or deny a preliminary injunction.

�� (5) If a court action arises out of an alleged interference with the use of land for a farming practice due to the planting, growing or harvesting of an agricultural or horticultural commodity on nearby land, and the parties to the action have not previously attempted to have the dispute mediated, the parties must participate in a mediation proceeding under a program described under subsection (1) of this section beginning no later than 270 days after the action is filed. This subsection does not require participation in a mediation proceeding if the action settles or is otherwise resolved within 270 days after filing or if all parties to the action agree to waive mediation. A court may impose sanctions against a party that is unwilling to participate for at least four hours, or for a shorter time that was agreed to by the parties, in a mediation proceeding required under this subsection.

�� (6) This section does not create any new cause of action or supersede any requirement, condition or prohibition otherwise established by law regarding the bringing of an action. [2015 c.630 �1; 2017 c.72 �1]

�� Note: Section 3, chapter 630, Oregon Laws 2015, provides:

�� Sec. 3. Section 1 of this 2015 Act [36.280] does not apply to any dispute regarding the planting, growing or harvesting of a genetically engineered agricultural or horticultural commodity in a county that has in effect a valid ordinance lawfully adopted on or before the effective date of this 2015 Act [January 1, 2016] that regulates the planting, growing or harvesting of genetically engineered agricultural or horticultural commodities. [2015 c.630 �3]

�� Note: 36.280 and 36.283 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 36.283 Confidentiality of mediation communications and agreement. (1) A mediation described in ORS

ORS 36.425

36.425 if the defendant establishes by affidavits and other documentation that no objectively reasonable juror could return a verdict in favor of the claimant in excess of $50,000, exclusive of attorney fees, costs and disbursements and interest on judgment. [Formerly 33.380; 1995 c.618 �13; 1995 c.658 �33; 2005 c.274 �4]

�� 36.420 Notice of arbitration hearing; open proceeding; compensation and expenses. (1) At least five days before the date set for an arbitration hearing, the arbitrator shall notify the clerk of the court of the time and place of the hearing. The clerk shall post a notice of the time and place of the hearing in a conspicuous place for trial notices at the principal location for the sitting of the court in the county in which the action was commenced.

�� (2) The arbitration proceeding and the records thereof shall be open to the public to the same extent as would a trial of the action in the court and the records thereof.

�� (3) The compensation of the arbitrator and other expenses of the arbitration proceeding shall be the obligation of the parties or any of them as provided by rules made under ORS 36.400. However, if those rules require the parties or any of them to pay any of those expenses in advance, in the form of fees or otherwise, as a condition of arbitration, the rules shall also provide for the waiver in whole or in part, deferral in whole or in part, or both, of that payment by a party whom the court finds is then unable to pay all or any part of those advance expenses. Expenses so waived shall be paid by the state from funds available for the purpose. Expenses so deferred shall be paid, if necessary, by the state from funds available for the purpose, and the state shall be reimbursed according to the terms of the deferral. [Formerly 33.390; 1993 c.482 �2]

�� 36.425 Filing of decision and award; notice of appeal; trial de novo; attorney fees and costs; effect of arbitration decision and award. (1) At the conclusion of arbitration under ORS 36.400 to 36.425 of a civil action, the arbitrator shall file the decision and award with the clerk of the court that referred the action to arbitration, together with proof of service of a copy of the decision and award upon each party. If the decision and award require the payment of money, including payment of costs or attorney fees, the decision and award must be substantially in the form prescribed by ORS 18.042.

�� (2)(a) Within 20 days after the filing of a decision and award with the clerk of the court under subsection (1) of this section, a party against whom relief is granted by the decision and award or a party whose claim for relief was greater than the relief granted to the party by the decision and award, but no other party, may file with the clerk a written notice of appeal and request for a trial de novo of the action in the court on all issues of law and fact. A copy of the notice of appeal and request for a trial de novo must be served on all other parties to the proceeding. After the filing of the written notice a trial de novo of the action shall be held. If the action is triable by right to a jury and a jury is demanded by a party having the right of trial by jury, the trial de novo shall include a jury.

�� (b) If a party files a written notice under paragraph (a) of this subsection, a trial fee or jury trial fee, as applicable, shall be collected as provided in ORS 21.225.

�� (c) A party filing a written notice under paragraph (a) of this subsection shall deposit with the clerk of the court the sum of $159. If the position under the arbitration decision and award of the party filing the written notice is not improved as a result of a judgment in the action on the trial de novo, the clerk shall dispose of the sum deposited in the same manner as a fee collected by the clerk. If the position of the party is improved as a result of a judgment, the clerk shall return the sum deposited to the party. If the court finds that the party filing the written notice is then unable to pay all or any part of the sum to be deposited, the court may waive in whole or in part, defer in whole or in part, or both, the sum. If the sum or any part thereof is so deferred and the position of the party is not improved as a result of a judgment, the deferred amount shall be paid by the party according to the terms of the deferral.

�� (3) If a written notice is not filed under subsection (2)(a) of this section within the 20 days prescribed, the court shall cause to be prepared and entered a judgment based on the arbitration decision and award. A judgment entered under this subsection may not be appealed.

�� (4) Notwithstanding any other provision of law or the Oregon Rules of Civil Procedure:

�� (a) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under the provisions of ORS 36.405 (1)(a), the party is entitled to attorney fees by law or contract, and the position of the party is not improved after judgment on the trial de novo, the party shall not be entitled to an award of attorney fees or costs and disbursements incurred by the party before the filing of the decision and award of the arbitrator, and shall be taxed the reasonable attorney fees and costs and disbursements incurred by the other parties to the action on the trial de novo after the filing of the decision and award of the arbitrator.

�� (b) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under ORS 36.405 (1)(a), the party is not entitled to attorney fees by law or contract, and the position of the party is not improved after judgment on the trial de novo, pursuant to subsection (5) of this section the party shall be taxed the reasonable attorney fees and costs and disbursements of the other parties to the action on the trial de novo incurred by the other parties after the filing of the decision and award of the arbitrator.

�� (c) If a party requests a trial de novo under the provisions of this section, the action is subject to arbitration under ORS 36.405 (1)(b), and the position of the party is not improved after judgment on the trial de novo, the party shall not be entitled to an award of attorney fees or costs and disbursements and shall be taxed the costs and disbursements incurred by the other parties after the filing of the decision and award of the arbitrator.

�� (5) If a party is entitled to an award of attorney fees under subsection (4) of this section, but is also entitled to an award of attorney fees under contract or another provision of law, the court shall award reasonable attorney fees pursuant to the contract or other provision of law. If a party is entitled to an award of attorney fees solely by reason of subsection (4) of this section, the court shall award reasonable attorney fees not to exceed the following amounts:

�� (a) Twenty percent of the judgment, if the defendant requests the trial de novo but the position of the defendant is not improved after the trial de novo; or

�� (b) Ten percent of the amount claimed in the complaint, if the plaintiff requests the trial de novo but the position of the plaintiff is not improved after the trial de novo.

�� (6) Within seven days after the filing of a decision and award under subsection (1) of this section, a party may file with the court and serve on the other parties to the arbitration written exceptions directed solely to the award or denial of attorney fees or costs. Exceptions under this subsection may be directed to the legal grounds for an award or denial of attorney fees or costs, or to the amount of the award. Any claim or defense pursuant to ORCP 54 E must be filed as an exception under this subsection. Any party opposing the exceptions must file a written response with the court and serve a copy of the response on the party filing the exceptions. Filing and service of the response must be made within seven days after the service of the exceptions on the responding party. A judge of the court shall decide the issue and enter a decision on the award of attorney fees and costs. The filing of exceptions under this subsection does not constitute an appeal under subsection (2) of this section and does not affect the finality of the award in any way other than as specifically provided in this subsection.

�� (7) For the purpose of determining whether the position of a party has improved after a trial de novo under the provisions of this section, the court shall not consider any money award or other relief granted on claims asserted by amendments to the pleadings made after the filing of the decision and award of the arbitrator. [Formerly 33.400; 1993 c.482 �3; 1995 c.455 �3; 1995 c.618 �14a; 1995 c.658 �34; 1997 c.756 ��1,2; 2003 c.576 �170; 2019 c.605 �25; 2023 c.16 �1]

OREGON INTERNATIONAL COMMERCIAL ARBITRATION AND CONCILIATION ACT

�� 36.450 Definitions for ORS 36.450 to 36.558. For the purposes of ORS 36.450 to 36.558:

�� (1) �Arbitral award� means any decision of the arbitral tribunal on the substance of the dispute submitted to it and includes any interim, interlocutory or partial arbitral award.

�� (2) �Arbitral tribunal� means a sole arbitrator or a panel of arbitrators.

�� (3) �Arbitration� means any arbitration whether or not administered by a permanent arbitral institution.

�� (4) �Arbitration agreement� means an agreement by the parties to submit to arbitration all or certain disputes which may arise between them in respect to a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

�� (5) �Commercial� means matters arising from all relationships of a commercial nature including, but not limited to, any of the following transactions:

�� (a) A transaction for the supply or exchange of goods or services.

�� (b) A distribution agreement.

�� (c) A commercial representation or agency.

�� (d) An exploitation agreement or concession.

�� (e) A joint venture or other forms of industrial or business cooperation.

�� (f) The carriage of goods or passengers by air, sea, rail or road.

�� (g) Construction.

�� (h) Insurance.

�� (i) Licensing.

�� (j) Factoring.

�� (k) Leasing.

�� (L) Consulting.

�� (m) Engineering.

�� (n) Financing.

�� (o) Banking.

�� (p) The transfer of data or technology.

�� (q) Intellectual or industrial property, including trademarks, patents, copyrights and software programs.

�� (r) Professional services.

�� (6) �Conciliation� means any conciliation whether or not administered by a permanent conciliation institution.

�� (7) �Chief Justice� means the Chief Justice of the Supreme Court of Oregon or designee.

�� (8) �Circuit court� means the circuit court in the county in this state selected as pursuant to ORS 36.464.

�� (9) �Court� means a body or an organ of the judicial system of a state or country.

�� (10) �Party� means a party to an arbitration or conciliation agreement.

�� (11) �Supreme Court� means the Supreme Court of Oregon. [1991 c.405 �4]

�� 36.452 Policy. (1) It is the policy of the Legislative Assembly to encourage the use of arbitration and conciliation to resolve disputes arising out of international relationships and to assure access to the courts of this state for legal proceedings ancillary to or otherwise in aid of such arbitration and conciliation and to encourage the participation and use of Oregon facilities and resources to carry out the purposes of ORS

ORS 366.991

366.991�� Penalty for violation of rules adopted under ORS 366.493

GENERAL PROVISIONS

�� 366.005 Definitions. As used in this chapter and in ORS chapter 367, unless the context requires otherwise:

�� (1) �Chief engineer� or �engineer� means the person designated by the director under ORS

ORS 368.722

368.722. [1981 c.153 �3; 2007 c.679 �3]

�� 368.016 County authority over roads; limitations. (1) Except as provided in this section or as otherwise specifically provided by law, the exercise of governmental powers relating to a road within a county is a matter of county concern.

�� (2) A county governing body:

�� (a) Does not have jurisdiction over any public road that is a state highway.

�� (b) Shall only take action involving a local access road within a city if the city governing body consents to the action.

�� (c) May by resolution or order make any public road within its jurisdiction a county road.

�� (3) Any road that has a classification as a county road on November 1, 1981, shall retain that classification unless the classification is changed under ORS 368.026 or as otherwise provided by law.

�� (4) A county governing body may seek assistance from the Department of Transportation as provided under ORS 366.155. [1981 c.153 �4; 1993 c.741 �44]

�� 368.021 County authority over trails. (1) A county governing body has the same jurisdiction over trails as it has over local access roads.

�� (2) This section applies to trails that:

�� (a) Are easements over land or by watercourse that are not part of a road right of way;

�� (b) Provide certain forms of ingress to or egress from land or water or permit travel between places;

�� (c) Do not provide vehicle access of the type provided by a road; and

�� (d) Are not under the jurisdiction of a state or federal agency. [1981 c.153 �5]

�� 368.026 Withdrawal of county road status; report; notice; hearing. (1) A county governing body shall use the following procedure to withdraw county road status from a portion of a county road that is outside a city:

�� (a) The county governing body may initiate proceedings by having the county road official prepare a report stating reasons for the proposed withdrawal and the effects the proposed withdrawal may have on land abutting the county road proposed to be withdrawn.

�� (b) The county governing body shall fix a date for a hearing on the withdrawal.

�� (c) The county governing body shall provide for notice of the hearing on the proposed withdrawal to be served on owners of land abutting the portion of county road proposed to be withdrawn. Notice shall be served in the manner provided under ORS 368.401 to 368.426.

�� (d) Any interested person shall have access to the report prepared by the county road official under this section from a day not less than 20 days prior to the date of hearing.

�� (e) At the hearing, the county governing body shall accept the report of the county road official prepared under this section and shall accept testimony from persons favoring or objecting to the proposed withdrawal.

�� (f) After completion of the procedures under this section, the county governing body may retain the portion of county road as a county road or may by order or resolution declare county road status withdrawn from all or part of the portion of the road under consideration.

�� (2) The withdrawal of county road status from any county road that is within a city is subject to ORS 373.270.

�� (3) If a county governing body withdraws county road status from a portion of a county road, the road shall continue to be a public road. [1981 c.153 �6]

�� 368.031 County jurisdiction over local access roads. A local access road that is outside a city is subject to the exercise of jurisdiction by a county governing body in the same manner as a county road except as follows:

�� (1) A county and its officers, employees or agents are not liable for failure to improve the local access road or keep it in repair.

�� (2) A county governing body shall spend county moneys on the local access road only if it determines that the work is an emergency or if:

�� (a) The county road official recommends the expenditure;

�� (b) The public use of the road justifies the expenditure proposed; and

�� (c) The county governing body enacts an order or resolution authorizing the work and designating the work to be either a single project or a continuing program. [1981 c.153 �7]

�� 368.036 Standards for county roads and road work. (1) County roads and work performed on county roads shall comply with specifications and standards, including standards for width, adopted by the county governing body. If the county governing body does not have specifications for work performed on county roads, the work shall comply with standards and specifications adopted by the Department of Transportation.

�� (2) If a county governing body provides for work to be performed on a local access road, the standards for the road or specifications for work performed on the road may differ from standards and specifications for county roads, but the county governing body shall provide for the work to be performed in the same manner as it provides for work to be performed on county roads. [1981 c.153 �8]

�� 368.039 Road standards adopted by local government supersede standards in fire codes; consultation with fire agencies. (1) When the governing body of a county or city adopts specifications and standards, including standards for width, for roads and streets under the jurisdiction of the governing body, such specifications and standards shall supersede and prevail over any specifications and standards for roads and streets that are set forth in a uniform fire code adopted by the State Fire Marshal, a municipal fire department or a county firefighting agency.

�� (2) This section applies to specifications and standards for roads and streets adopted by the governing body of a county or city in a charter, acknowledged comprehensive plan or ordinance adopted pursuant to ORS chapter 92, 203, 221 or 368.

�� (3) Before adopting or amending any comprehensive plan, land use regulation or ordinance that establishes specifications and standards for roads and streets, a governing body of a county or city shall consult with the municipal fire department or other local firefighting agency concerning the proposed specifications and standards. The county or city governing body shall consider the needs of the fire department or firefighting agency when adopting the final specifications and standards. [1997 c.409 �1]

�� Note: 368.039 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 368 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 368.041 Widths of county roads; maintenance of designated roads as county roads. (1) Unless otherwise provided under ORS 368.036, a public road that is designated as a county road after August 2, 1951, shall be 50 feet or any greater width the county governing body establishes. The proposed width shall be stated in all petitions or notices that initiate consideration of the designation of a road as a county road. The width established for a road shall be stated in orders or resolutions accepting the road as a county road under ORS 368.016.

�� (2) After a resolution or order designating a public road as a county road is final, the county shall maintain the public road as a county road. [Formerly 368.415]

�� 368.046 Employment of county road official; duties. (1) A county governing body may employ an engineer or practical road builder as a county road official.

�� (2) A county road official shall work under the direction of the county governing body and shall:

�� (a) Assist the county governing body in preparing specifications for county work to be done on any road within the county;

�� (b) Superintend work done by the county upon roads within the county, whether the work is done under contract or otherwise;

�� (c) Recommend to the county governing body methods to be adopted for the construction, improvement, repair and maintenance of roads; and

�� (d) Perform other duties assigned by the county governing body. [1981 c.153 �9]

�� 368.051 Accounting for county road work. The county road official or such other person as may be designated by the county governing body shall maintain a complete and accurate cost account for road work performed by the county as required under ORS 279C.305. [Formerly

ORS 368.990

368.990�� Penalties

GENERAL PROVISIONS

�� 368.001 Definitions. As used in this chapter:

�� (1) �County road� means a public road under the jurisdiction of a county that has been designated as a county road under ORS 368.016.

�� (2) �County road official� means the roadmaster, engineer, road supervisor, public works director or other administrative officer designated by the county governing body as being responsible for administration of the road activities of the county.

�� (3) �Local access road� means a public road that is not a county road, state highway or federal road.

�� (4) �Owner� means a vendee under a recorded land sale contract or, if there is no recorded land sale contract, the holder of the record title of land if the vendee or holder has a present interest equal to or greater than a life estate.

�� (5) �Public road� means a road over which the public has a right of use that is a matter of public record.

�� (6) �Road� means the entire right of way of any public or private way that provides ingress to or egress from property by means of vehicles or other means or that provides travel between places by means of vehicles. �Road� includes, but is not limited to:

�� (a) Ways described as streets, highways, throughways or alleys;

�� (b) Road related structures that are in the right of way such as tunnels, culverts or similar structures; and

�� (c) Structures that provide for continuity of the right of way such as bridges. [1981 c.153 �2]

�� 368.005 [Amended by 1971 c.135 �1; repealed by 1981 c.153 �79]

�� 368.010 [Amended by 1963 c.501 �1; repealed by 1981 c.153 �79]

�� 368.011 County authority to supersede statutes; limitations. (1) Except as otherwise provided in this section, a county may supersede any provision in this chapter by enacting an ordinance pursuant to the charter of the county or under powers granted the county in ORS

ORS 371.405

371.405 to 371.535 shall be special assessment districts and all taxable properties therein located shall be benefited in proportion to the assessed valuations of the various taxable properties therein as from time to time determined by the county assessment roll of the property. [Amended by 1955 c.227 �5]

�� 371.500 Computing money to be raised by assessment; apportionment; assessment limited; tax not to interfere with others. (1) The board of directors, in each fiscal year, shall make a computation of the total amount of money to be raised by the district through assessments for the ensuing fiscal year of July 1 to June 30, next following, for any and all purposes whatsoever in carrying out the provisions of ORS 371.405 to 371.535, including estimated delinquencies on assessments. This amount of money, when determined by the board of directors, shall be and constitute an assessment upon all the taxable property in the district and shall be apportioned by the board of directors to the property owned or held by each person, firm or corporation in proportion to the assessed valuation of all taxable property in the district as determined by the assessment roll of the county assessor last prepared.

�� (2) The assessment shall not exceed one-fourth of one percent (0.0025) of the real market value of the property, computed in accordance with ORS 308.207, unless authorized by a majority of those voting upon the proposition at a regular or special district election, but by such election no assessment in excess of one-fourth of one percent of the real market value of any property, over and above the one-fourth of one percent assessment above referred to, shall be levied in any one year.

�� (3) The levy of any tax under this section, ORS 371.505 or 371.515 shall not interfere with or prevent the county court from levying any tax for road purposes it may have the authority and power to do under any other law. [Amended by 1955 c.227 �6; 1963 c.9 �22; 1983 c.350 �246; 1991 c.459 �389]

�� 371.505 Copy of assessment resolution to county assessor; duty of assessor; collection and accounting; separate fund. (1) The secretary of the board of directors shall, after the apportionment of the assessment, certify a copy of the resolution levying and apportioning the assessment, to the county assessor of the county in which the district is situated.

�� (2) The county assessor shall extend the assessment so made against all taxable property within the district in the same manner as county taxes are entered by the assessor on the assessment roll.

�� (3) The assessments shall be collected and accounted for and the collection enforced in the same manner as the taxes of the county, except that the tax collector shall collect and account for the district assessments separately.

�� (4) When paid to the county treasurer such moneys shall be held and carried in a fund to be designated �______ Road Assessment Fund.� All warrants of the district shall be drawn against and shall be paid from this fund. However, whenever the district secretary shall furnish bond as provided by ORS 198.220 the treasurer shall deliver all funds in the Road Assessment Fund to the secretary on demand. Thereafter the secretary shall disburse the funds on order of the board of directors. [Amended by 1955 c.227 �7; 1963 c.364 �3; 1969 c.345 �8; 1973 c.305 �15]

�� 371.510 County assessor to furnish certificate of assessed valuation. The county assessor, upon request of the board of directors, shall furnish from time to time a certificate showing the total assessed valuation, according to the last completed assessment roll, of all the taxable property within the district. [Amended by 1955 c.227 �8]

�� 371.512 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 �23]

�� 371.515 District to pay county for expenses; proceedings on default. The district shall pay the county for all the actual expenses and salary of the county engineer while the county engineer is engaged in work for and at the request of the board of directors, and for the cost of all work done by the county in the district at the request of the board of directors, which shall be the amount agreed upon between the county court and board of directors prior to the time such work is commenced or, if no agreement is made, the actual cost of the work done by the county, including a reasonable charge for depreciation of county equipment used. If, after written demand by the county court, the district fails to provide sufficient funds by taxation for the payment of all sums owing to the county, the county court may, by its order entered in its records, extend a special assessment against all the taxable property within the district in an amount sufficient to pay the amounts due the county. This assessment shall be extended upon the county tax roll and shall be assessed and collected in the same manner as the assessments levied by the district, but shall be credited by the county treasurer, when received, to a special fund, to be held for the payment of the indebtedness of the district to the county until such indebtedness is paid from this fund or other funds of the district. [Amended by 1955 c.227 �9]

�� 371.520 District excluded from other districts; certain unexpended funds credited to district; city within district may make levies. (1) Upon the organization of a road assessment district the entire area thereof shall be excluded by such organization from any existing road district theretofore existing and shall not be included within any other road district thereafter created during the life of the road assessment district.

�� (2) Upon the organization of the road assessment district there shall be credited to it the portion of all special road district levies unexpended in the county treasurer�s office, or levied upon and uncollected, derived from the area within the road assessment district, except the amounts levied upon and remaining uncollected, or remaining unexpended in the county treasurer�s office, derived from assessments upon property within a city included within the road assessment district, which shall be paid to the city as provided by law prior to June 16, 1945, for use by the city upon its local streets.

�� (3) The inclusion of a city within the road assessment district shall not prevent the city from levying general or special taxes or assessments upon the property within the city for the purpose of improvement, maintenance, repair or reconstruction of the city streets as authorized or permitted by law or the charter of the city. [Amended by 2003 c.802 �109]

�� 371.525 [Repealed by 1971 c.727 �203]

�� 371.530 Exclusion of land area from district. A petition for exclusion of land from a district shall be approved only if the exclusion of the land does not reduce the remaining area of the district to less than an area of 20,000 acres and not less than $1 million assessed valuation of taxable property according to the most recent assessment roll prepared by the county assessor. [Amended by 1955 c.227 �10; 1971 c.727 �107]

�� 371.535 Disposition of funds of dissolved district. If a district is dissolved, all funds then on hand or proceeds of assessments theretofore levied shall be held by the county court for the benefit of the roads within the area theretofore within the boundaries of the district. [Amended by 1971 c.727 �108]

�� 371.540 [1965 c.347 �2; repealed by 1971 c.727 �203]

�� 371.545 [1965 c.347 �3; repealed by 1971 c.727 �203]

�� 371.550 [1965 c.347 �4; repealed by 1971 c.727 �203]

�� 371.555 [1965 c.347 �5; repealed by 1971 c.727 �203]

IMPROVEMENT OF STREETS

AND ROADS IN

UNINCORPORATED AREAS

�� 371.605 Definitions for ORS 371.605 to 371.660. As used in ORS 371.605 to 371.660, unless the context requires otherwise:

�� (1) �Owner� means a vendee under a recorded land contract or if there is no such contract, the holder of the record title, which vendee or holder has a present interest equal to or greater than a life estate.

�� (2) �Engineer� means the county engineer, roadmaster, surveyor or other engineer selected by the county governing body.

�� (3) �Improvement� includes:

�� (a) The grading, graveling, paving or other surfacing of any road, or opening, laying out, widening, extending, altering, changing the grade of or constructing any road.

�� (b) The construction or reconstruction of sidewalks.

�� (c) The installation of ornamental street lights.

�� (d) The reconstruction or repair of any road improvement mentioned in this subsection.

�� (e) The acquisition, establishment, construction or reconstruction of any off-road motor vehicle parking facility.

�� (f) Installing, constructing, reconstructing, improving, extending or repairing lateral sewers, street mains, sewage disposal systems or similar facilities, and other facilities incidental thereto, within the right of way of a county road or public road.

�� (4) �Road,� �county road� and �public road� have the meanings given those terms in ORS 368.001. [Amended by 1955 c.773 �1; 1973 c.461 �1; 1975 c.738 �2; 1983 c.305 �1]

�� 371.610 Inapplicability of ORS 371.605 to 371.660 to state highways; authority of county to supersede statutes. (1) ORS

ORS 371.605

371.605 to 371.660 by enacting an ordinance under ORS 203.030 to 203.065 authorizing the use of assessments to finance local improvements, as defined in ORS 223.001, and providing a procedure for levying such assessments. [Amended by 1955 c.773 �2; 1959 c.656 �1; 1983 c.305 �2; 1987 c.615 �3; 1991 c.902 �111]

�� 371.615 Petition or resolution for improvement of roads in unincorporated areas. Proceedings to cause any improvement to be made or constructed in an unincorporated area may be initiated by the county governing body by resolution or by a petition signed by not less than 60 percent of the owners of the land representing not less than 60 percent of the land abutting on the proposed improvement and presented to the county governing body asking for the improvement. The resolution or petition shall indicate where the improvement shall be made and describe the nature of the improvement desired. [Amended by 1955 c.773 �3; 1961 c.432 �1; 1971 c.327 �1; 1983 c.305 �3]

�� 371.620 Signers of petition and objection in event of cotenancies. In case of tenants by the entireties, joint tenants or tenants in common the parcel of land is considered as having one owner, which owner shall be deemed to have signed the petition provided for in ORS 371.615 or the objection provided for in ORS 371.630 only if every cotenant of the parcel has signed.

�� 371.625 Investigation and estimation of cost of improvement by engineer. When the resolution is adopted or the petition is filed with it, the county court shall refer the resolution or petition to the engineer, who shall investigate the proposed improvement. If in the judgment of the engineer the improvement is feasible, the engineer shall make an estimate of the cost of the improvement and report the same to the county court. If the improvement is to be paid for in whole or in part by special assessments against property benefited by the improvement, the engineer shall include in the report:

�� (1) 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;

�� (2) 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

�� (3) Where the improvement petitioned for includes the construction and installation of lateral sewers, street mains or similar facilities, a separate statement of the estimated cost of the construction and installation of lateral sewers, street mains or similar facilities. [Amended by 1971 c.327 �2; 1973 c.461 �2]

�� 371.630 Notice to owners of engineer�s report; filing objections. (1) If the engineer makes a favorable report on the proposed improvement, the county court shall mail to the owner of each parcel of land to be assessed for the proposed improvement a written notice of the favorable report, the estimated cost of the improvement and the estimated amount of the assessment against the land of the owner. The notice shall require the owner to file with the county court within 20 days after the mailing of the notice, a written objection, if any, to the further prosecution of the improvement.

�� (2) If objections are received by the county court signed by more than 50 percent of the owners of land representing more than 50 percent of the total amount of the assessment for the proposed improvement, the proposed improvement shall, by order of the court, be declared abandoned and no new petition may be filed and no new resolution may be adopted for the improvement within a period of one year after the date of the order. [Amended by 1955 c.773 �4; 1971 c.327 �3]

�� 371.635 Court order for improvement; recording; vacation of order and removal of lien. (1) If the number of objections mentioned in ORS 371.630 is not received, the county court may, by order describing the land to be assessed, direct the improvement to be made by contract, or by force account. If by contract, it shall be awarded in the same manner as provided for other contracted county road improvement.

�� (2) The county court shall record the order for the improvement with the county clerk. The recorded order is notice that the land described in the order is subject to a lien of an assessment for the cost of the improvement, in an amount to be determined later by an order of the county court. The county clerk shall indorse upon the order the date of the filing thereof, and shall record and index the same in the County Clerk Lien Record.

�� (3) If the proposed improvement described in the order of the county court is not commenced within two years after the order for the improvement is recorded, the county court may by a new order vacate its former order for the proposed improvement. The county court shall record with the county clerk the order vacating the former order for the proposed improvement. Thereupon the land described shall be free of such lien and the effect of the former order. The county clerk shall indorse upon the new order the date of the filing thereof, and shall record and index the same in the County Clerk Lien Record. [Amended by 1955 c.549 �1; 1955 c.773 �5; 1971 c.327 �4; 2001 c.577 �3]

�� 371.640 Engineer to compile improvement cost; source of payment; reimbursement of source; additional work. (1) After the improvement has been made, inspected by the engineer and accepted by the county court, the engineer shall compile the total cost of the improvement. When compiling the total cost of the improvement, the engineer may add the actual and estimated future costs for engineering and administration. Where the improvement includes the construction and installation of lateral sewers, street mains or similar facilities, the engineer shall separately compile the total cost of those improvements.

�� (2) Payment of the cost of the improvement other than for the construction and installation of lateral sewers and street mains or similar facilities shall be made from the general road funds or from any funds available for the construction or improvement of county roads. Payment of the cost of the construction and installation of lateral sewers and street mains or similar facilities shall be made from any funds available to the county for such improvements.

�� (3) The funds expended for the improvement shall be reimbursed or the improvement warrants shall be retired to the extent of the proceeds of an assessment against the land benefited by the improvement, but no assessment shall be made against any operating railroad right of way without the consent of the owner thereof. Each landowner shall be assessed a portion of the cost of the improvement corresponding to the relative benefit to the land of the landowner from the improvement.

�� (4) All of the cost of improvements within intersections connected with any improvement under ORS 371.605 to 371.660 may be borne by the county.

�� (5) Unless notified to the contrary by the owner prior to the acceptance of bids for improvements under ORS 371.605 to 371.660, an existing driveway shall be reconstructed to the property line to conform with the new grade. Additional driveways or other road connections, including retaining walls, may be constructed simultaneously with the improvements, when a written request is filed with the county court prior to the acceptance of bids by the affected abutting landowners. The cost of the driveway and all requested work shall be charged to the abutting owner and added to the assessment against the land of the owner. [Amended by 1953 c.573 �2; 1955 c.773 �6; 1961 c.432 �2; 1971 c.327 �5; 1973 c.461 �3; 1987 c.615 �4]

�� 371.642 Assessment of costs of sidewalk or curb construction and other improvements. Notwithstanding any provision to the contrary in ORS 371.605 to 371.660, the cost of construction of sidewalks under those sections shall be assessed in proportion to the front footage of the land or otherwise, as provided in those sections, to the owners of land abutting on the side of the street or road on which the sidewalks are constructed and fronting on such sidewalks. The cost of construction of all other improvements under those sections shall be assessed, in the manner provided in those sections, to the owners of land benefited by the improvement. [1955 c.773 �12; 1971 c.327 �6]

�� 371.645 Engineer to ascertain assessment; hearing on objections; court order. (1) The engineer shall ascertain the amount of the assessment against each parcel of land assessed for the improvement and report the same to the county court.

�� (2) The county court by order shall thereupon set the time, not less than 10 days after the filing of the report, and place for a hearing of objections to the assessments as fixed in the report of the engineer.

�� (3) Not less than five days prior to the date of the hearing, the county court shall mail to the owner of each parcel of land proposed to be assessed, at the address of the owner as shown on the petition or on the latest tax roll of the county, a written notice of the time and place for the hearing of objections and of the amount of the proposed assessment against the land of the owner.

�� (4) After hearing objections, the county court shall by order find and determine from the evidence submitted the amount of assessment against each individual parcel of land. [Amended by 1955 c.773 �7; 1971 c.327 �7]

�� 371.650 Certification of assessment; recording order; lien. (1) The county court shall certify a list and description of the ownership, stating the amount of assessment against each individual parcel of land, and shall record the order with the county clerk, who shall indorse thereon the date of the filing thereof and record and index it in the County Clerk Lien Record.

�� (2) The assessments and interest are a lien upon the land against which the same are assessed from the date of the filing with the county clerk of the order of the county court for the improvement, as provided in ORS 371.635. Each parcel of land is deemed to be benefited by the improvement to the full amount of the assessment levied thereon. No transfer, sale or division of any such parcel, or change in the legal description thereof, in any way divests the lien from the original parcel and the whole thereof. Failing to enter the name of the owner or a mistake in the name of the owner does not in any way render void any assessment and does not in any way affect the lien on the land described. The lien has priority over all other liens and encumbrances whatsoever, except tax liens.

�� (3) Upon payment of the assessment in full, the county court shall satisfy the same by recording the satisfaction of lien in the County Clerk Lien Record, and the parcel of land charged with such assessment is thereby discharged from the lien. [Amended by 1955 c.773 �8; 1959 c.656 �2; 2001 c.577 �4]

�� 371.655 When assessment due, payable and delinquent; application of other statutes. (1) Except as provided in subsection (2) of this section, 30 days after the assessment is certified, the entire amount against each parcel of land shall be due and payable at the office designated by the governing body of the county and, if not so paid, shall be delinquent from that date and shall bear interest at a rate established by the governing body of the county.

�� (2) The owner of property assessed under ORS 371.605 to 371.660 shall have the right to apply for installment payment of the assessment as provided in ORS 223.210.

�� (3) The provisions of ORS 223.205 and 223.210 to 223.316 (Bancroft Bonding Act) and

ORS 372.200

372.200 (3) or 372.360 (2) ceases to be an elector of the state or an owner of land within the district, the commissioner is automatically disqualified. If a vacancy occurs as provided by this subsection or for any other cause, the county board shall by order appoint a successor to hold office until the expiration of the predecessor�s term. [Amended by 1969 c.669 �7; 1971 c.514 �21; 1983 c.48 �2]

�� 372.220 Meetings and officers of board. (1) The district board shall hold meetings at the times and places within the district as it determines. It shall hold at least one regular meeting annually in January on a day to be fixed by the board. The board may hold special meetings as it may provide by rule.

�� (2) The board shall, at the time of organization, choose from the commissioners, a president, secretary and a treasurer, who shall hold their offices until the first regular meeting in January, or until a successor is appointed and qualified. The officers shall have the powers and perform the duties usual in such cases.

�� (3) A majority shall constitute a quorum to do business, and in the absence of the president any other member may preside at any meeting as provided by the rules of the board. [Amended by 1965 c.85 �3; 1971 c.514 �22]

�� 372.230 [Repealed by 1969 c.345 �20]

�� 372.240 District employees; expenses of board. The district board may employ engineers, superintendents, mechanics, clerks, secretaries or other persons as requisite, necessary or convenient, in carrying on any of its work, at a rate of remuneration fixed by the board. [Amended by 1971 c.403 �6; 1971 c.514 �23]

�� 372.250 [Repealed by 1969 c.344 �8]

�� 372.260 Deposit and withdrawal of district moneys; annual reports. (1) All moneys of a district shall be deposited in one or more banks designated by the district board. Moneys shall be paid out only when previously ordered by vote of the board and upon a check signed by the treasurer and countersigned by the president, or in the absence or inability of the president to act, by the secretary. A receipt or voucher, showing clearly the nature and items covered by each check drawn, shall be kept on file.

�� (2) Annual reports shall be made and filed by the president, secretary and treasurer, and at least once in each year a full and complete itemized statement of receipts and expenditures shall be published in a newspaper of general circulation, published in the county. [Amended by 1971 c.514 �24]

�� 372.270 Preservation and inspection of records. All the proceedings of the district board shall be entered at large in a record book. All books, maps, plans, documents, correspondence, vouchers, reports and other papers and records pertaining to the business of the district shall be carefully preserved, and shall be open to inspection as public records. [Amended by 1971 c.514 �25]

�� 372.280 Initiative and referendum in districts. The electors of a district may exercise the initiative and referendum powers with reference to legislation of the district, in accordance with ORS 255.135 to 255.205. [Amended by 1971 c.514 �26; 1983 c.350 �247]

�� 372.290 [Repealed by 1971 c.514 �32 and 1971 c.727 �203; (372.450, 372.460, 372.470 and 372.480 enacted in lieu of

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 374.270

374.270; 1981 c.153 �74]

�� 374.345 Rules regarding turning onto state highway from approach road. The Department of Transportation shall adopt rules regulating the procedures and circumstances under which the department may restrict turning movements onto a state highway from an approach road for which a permit was issued under ORS 374.308 or 374.310 when the restriction is not required by contract, condemnation judgment, recorded deed or permit. [1999 c.972 �4; 2013 c.476 �8]

�� 374.350 Process for appeal of decisions regarding access to highways. The Department of Transportation shall establish a process through which persons affected by decisions of the department regarding access to highways may appeal the decisions. [1999 c.686 �3]

�� 374.355 Dispute resolution procedures; rules. There is created a set of dispute resolution procedures governing an appeal of the Department of Transportation�s decision regarding an approach permit or the removal or modification of an approach. The procedures described in this section include but are not necessarily limited to notice, guarantee of an impartial tribunal, burden of proof and admission and weight of evidence, as follows:

�� (1) Decisions by the department to deny an application, to deny a deviation or to approve an application with mitigation measures are appealable by the applicant or permit holder. An applicant or permit holder may request a hearing. A hearing conducted under this subsection shall be conducted as a contested case hearing in accordance with ORS chapter 183.

�� (2) In addition to requesting a hearing under subsection (1) of this section, an applicant or permit holder may request the following dispute resolution procedures to resolve issues relating to the department�s decision:

�� (a) Collaborative discussion, as established by the department by rule;

�� (b) Review by an Access Management Dispute Review Board established under ORS 374.360; or

�� (c) Both.

�� (3) The time required for a collaborative discussion or review by an Access Management Dispute Review Board process is in addition to the 120 days required for the department�s final decision under ORS 374.312.

�� (4)(a) The department shall conduct a collaborative discussion within 45 days of the date the department receives a request from an applicant or permit holder for collaborative discussion unless the applicant or permit holder and the department agree to a longer amount of time.

�� (b) The department shall conduct a review by an Access Management Dispute Review Board within 45 days of the date the department receives a request for a review by an Access Management Dispute Review Board from an applicant or permit holder unless the applicant or permit holder and the department agree to a longer amount of time.

�� (5) A request for a dispute resolution procedure shall stay the time in which the department must issue a final decision for a concurrent contested case hearing.

�� (6) If an agreement between the parties is reached using collaborative discussion, the Director of Transportation shall issue the written decision. The written decision is a binding agreement for the department and for the applicant or permit holder.

�� (7) The decision pursuant to the collaborative discussion or the Access Management Dispute Review Board to approve, modify or reverse the department�s decision to approve an application for an approach permit with conditions, to modify or require mitigation measures of an existing approach permit, to deny an approach permit or to remove or modify an approach is a settlement offer and is not a decision that may be appealed.

�� (8) The department may adopt rules for the dispute resolution procedures described under this section. [2011 c.330 �14]

�� 374.360 Access Management Dispute Review Board. (1) If the applicant or permit holder of an approach permit requests a review by an Access Management Dispute Review Board under ORS 374.355, the Department of Transportation shall appoint an Access Management Dispute Review Board by selecting members for a board consisting of any or all of following:

�� (a) The Director of Transportation or a designee of the director who is familiar with the location in which the disputed approach is located.

�� (b) A representative of the local jurisdiction in which the disputed approach is located.

�� (c) A traffic engineer who practices engineering in Oregon.

�� (d) A representative from the economic or business sector.

�� (2) The Access Management Dispute Review Board shall consider information presented by the parties and shall notify the applicant or permit holder and the director of its findings regarding the department�s original decision.

�� (3) The director shall review the Access Management Dispute Review Board�s findings and may approve, modify or reverse the department�s original decision to approve an application for an approach permit with conditions, to modify or require mitigation measures for an existing approach permit, to deny the approach permit or to remove or modify an approach.

�� (4) The director shall notify the applicant or permit holder in writing of the department�s determination following a review by an Access Management Dispute Review Board appointed under this section. [2011 c.330 �15]

RIGHTS APPURTENANT TO PROPERTY ABUTTING CERTAIN HIGHWAYS AND ROADS

�� 374.405 Access rights of property abutting on state highways. No rights in or to any state highway, including what is known as right of access, shall accrue to any real property abutting upon any portion of any state highway constructed, relocated or reconstructed after May 12, 1951, upon right of way, no part of the width of which was acquired prior to May 12, 1951, for public use as a highway, by reason of the real property abutting upon the state highway.

�� 374.410 Department of Transportation to prescribe access rights of abutting property. In connection with any acquisition of real property for right of way of any state highway, the Department of Transportation shall prescribe and define the location, width, nature and extent of any right of access that may be permitted by the department to pertain to real property described in ORS 374.405.

�� 374.415 Action to prevent entering or leaving state highways in manner not authorized. The Department of Transportation may commence and prosecute to final determination any suit, action or proceeding in the name of the state by and through the department, which in its judgment is necessary to enjoin and prevent any person, whether acting individually or by agent, from entering upon or departing from any state highway mentioned in ORS 374.405, at any location, for any use or in any manner not authorized by any grant of a right of access, as provided in ORS 374.410.

�� 374.420 County throughways; rights of abutting property owners. (1) The county court or board of county commissioners may acquire by purchase, agreement, donation or exercise of the power of eminent domain, fee title or any interest in real property, including easements of air, view, light and access, which is necessary for the construction of a throughway or the establishment of a section of an existing county road as a throughway.

�� (2) When right of way is acquired for a throughway after August 13, 1965, no rights in or to the throughway, including what is known as right of access, accrue to real property merely because the property abuts upon that part of the right of way so acquired. This subsection also applies to right of way acquired, prior to August 13, 1965, pursuant to ORS 374.420 to 374.430 (1963 Replacement Parts).

�� (3) �Throughway,� as used in this section, means a proposed or existing county road especially designed for through traffic, which has been designated by resolution of the county court or board of county commissioners as a throughway, over, from or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air or view, merely because of the fact that their property abuts upon the throughway or for any other reason. [Amended by 1965 c.364 �1]

�� 374.425 County court to prescribe access rights of abutting property. In connection with the acquisition of real property for right of way for a throughway described in ORS 374.420, the county court or board of county commissioners may prescribe the location, width, nature and extent of any right of access that pertains to such real property. [Amended by 1965 c.364 �2]

�� 374.430 Action to prevent entering or leaving county roads in unauthorized manner. The county court or board of county commissioners may commence and prosecute to final determination any suit, action or proceeding which in its judgment is necessary to enjoin and prevent any person, whether acting individually or by agent, from entering upon or departing from any throughway under its jurisdiction, mentioned in ORS

ORS 374.305

374.305 and 374.310, as those sections were amended by chapter 497, Oregon Laws 1967, and ORS 374.309 do not affect any approach road, structure, pipeline, ditch, cable or wire, or other facility, thing or appurtenance lawfully placed or constructed upon the right of way of any state highway or county road prior to September 13, 1967.

�� (b) Except as provided in paragraph (a) of this subsection, private road crossings authorized by the Public Utility Commission under ORS 374.205 to 374.260 (1965 Replacement Part) are subject to ORS 374.302 to 374.334 after September 13, 1967. [1957 c.323 �4; 1967 c.497 �3; 2011 c.330 �10]

�� 374.331 Facility plans; rules. (1) As used in this section, �facility plan� includes, but is not limited to, interchange area management plans, corridor plans, transportation refinement plans and access management plans.

�� (2) Every facility plan and access management strategy developed for a highway improvement or modernization project under this section or ORS 374.334 must include a methodology that balances the economic development objectives of properties abutting state highways with the transportation safety and access management objectives of state highways, in a manner consistent with local transportation system plans and the land uses permitted in the local comprehensive plans acknowledged under ORS chapters 197 and 197A.

�� (3) The following apply to all facility plans developed by the Department of Transportation:

�� (a) The location of county roads and city streets within the area described in the facility plan must be determined through collaborative discussion and agreement between the department and the affected cities and counties. Each facility plan must document the agreement regarding the location of county roads and city streets that intersect a state highway within the area described in the plan.

�� (b) The department shall develop key principles for each facility plan. The department shall use the key principles to evaluate how properties abutting a state highway may retain or obtain access to the state highway during and after plan implementation. In developing the key principles, the department shall also develop a methodology to weigh the benefits of a highway improvement or modernization project to public safety and mobility against:

�� (A) The local transportation system plans and the land uses permitted in the local comprehensive plans of cities and counties; and

�� (B) The economic development objectives of affected real property owners who require access to the state highway.

�� (c) If a facility plan identifies the need to modify, relocate or close existing private approaches, the plan must include key principles for managing access to the state highway. The key principles must contain a level of detail sufficient to inform affected real property owners of the potential for the modification, relocation or closure of existing private approaches within the area described in the facility plan.

�� (d) Each facility plan affecting access to a state highway must include a timeline by which the plan may need to be implemented in order to meet the safety and operational needs of the state highway.

�� (e) Each facility plan must include the long term safety and operational needs for the state highway and for all intersecting highways, roads or streets based on an engineering analysis conducted by a traffic engineer.

�� (f)(A) Until a facility plan is adopted by the Oregon Transportation Commission or finalized by the department, an affected real property owner may request a review of the key principles and related methodology developed by the department through:

�� (i) A collaborative discussion as established by the department by rule; or

�� (ii) The Access Management Dispute Review Board established under ORS 374.360.

�� (B) The recommendation of the Access Management Dispute Review Board under subparagraph (A) of this paragraph is not a land use decision, as defined in ORS 197.015, that may be appealed to the Land Use Board of Appeals.

�� (4) Prior to adopting any key principle under subsection (5) of this section, the department shall provide notice and an opportunity to be heard to the affected cities and counties and to affected real property owners. The department shall provide notice by first class mail.

�� (5) Twenty days after the date the department sends written notice under subsection (4) of this section, the department, in agreement with the affected cities and counties, shall adopt the key principles for a facility plan. [2013 c.476 �4]

�� 374.334 Access management strategy; rules. (1) As used in this section:

�� (a) �Access management strategy� means a project delivery strategy developed by the Department of Transportation, in collaboration with cities, counties and owners of real property abutting a state highway in the affected area, that identifies the location and type of public and private approaches and other necessary improvements that are planned to occur primarily in the highway right of way and that are intended to improve current conditions on the section of highway by moving in the direction of the objective standards described in ORS 374.311, subject to safety and highway operations concerns.

�� (b) �Project� means a highway improvement project or highway modernization project included in the Statewide Transportation Improvement Program.

�� (2) The Department of Transportation shall develop an access management strategy for each project. In developing an access management strategy, the department shall engage affected real property owners when:

�� (a) Establishing the methodology by which private approaches will be considered for modification, relocation or closure; or

�� (b) The department proposes to acquire all rights of access to a segment of the state highway.

�� (3) Within 21 days after the department finalizes the methodology by which private approaches will be considered for modification, relocation or closure, an affected real property owner may request a review of the methodology through:

�� (a) A collaborative discussion as established by the department by rule; or

�� (b) The Access Management Dispute Review Board established under ORS 374.360.

�� (4) If a facility plan, as defined in ORS 374.331, is created for a project, the facility plan must include a sufficient level of detail to identify the location of the private approaches affected by the project.

�� (5) The department shall work with the cities, counties, highway users and real property owners affected by a project to:

�� (a) Identify deficiencies with each highway segment impacted by a project; and

�� (b) Establish the long-term vision for each highway segment impacted by a project that would guide the scope and design of improvements within the highway segment.

�� (6) The following apply to all projects that include modification, relocation or closure of existing private approaches to a state highway:

�� (a) The location of intersecting county roads and city streets shall be consistent with the city and county transportation system plans or shall be determined and agreed upon through collaborative discussion between the department and the cities and counties affected by the project.

�� (b) The department shall determine the location of private approaches in the access management strategy in collaboration with affected real property owners using a collaborative discussion as established by the department by rule. [2013 c.476 �5]

�� 374.335 Driving certain motor vehicles across public highway not considered operation on highway. Where any private road crosses or is crossed by a public highway, the operation of a motor vehicle across the public highway or upon the public highway for a distance of not more than 1,200 feet in the use of the private road is not subject to ORS 811.450, 815.155, 815.160, 815.170, 818.020, 818.060, 818.090,

ORS 374.311

374.311 (6) except as otherwise provided in this section or unless a deviation is otherwise approved by the department.

�� (b) Except for highways classified as interstate highways and highways designated as expressways by the Oregon Transportation Commission, the department may not use the presence of alternate access to a property abutting a highway as a basis for denying an approach permit application, except in rural areas where the presence of alternative access is a consideration in determining whether to approve or deny a second or subsequent approach permit application.

�� (c) The department may not impose nontraversable medians as a mitigation measure for approach permit applications unless the department first establishes that no other mitigation measures are effective or available under the circumstances.

�� (d) Mobility standards, established by the department by rule, are not applicable to turning movements from private approaches during the department�s review of approach permit applications, except when the ratio of volume to capacity on the proposed private approach is 1.0 or greater.

�� (e) The department may not require an applicant to submit a traffic impact analysis except as provided in ORS 374.314.

�� (f) The department shall utilize an engineer with relevant experience to review and respond to evidence from a qualified expert that is submitted by the applicant.

�� (g) The department shall have the burden of proving any safety or highway operations concerns relied upon in the department�s decision to approve an application with conditions or deny an application. Safety or highway operations concerns that may be applied to the department�s permit decisions on applications submitted under this section are limited to one or more of the following unique safety and highway operations concerns:

�� (A) Regular queuing on the highway that impedes turning movements associated with the proposed approach.

�� (B) Offset approaches that may create the potential for overlapping left turn movements or competing use of a center turn lane.

�� (C) Insufficient distance for weave movements made by vehicles exiting an approach across multiple lanes in the vicinity of signalized intersections, roads classified by the Oregon Transportation Commission as collectors or arterials and on-ramps or off-ramps.

�� (D) Location of the proposed approach within a highway segment with a crash rate that is 20 percent higher than the statewide average for similar highways.

�� (E) Location of the proposed approach within a highway segment listed in the top five percent of locations identified by the safety priority index system developed by the department.

�� (F) Inadequate sight distance from an intersection to the nearest driveway on district highways and regional highways where the speed limit established in ORS 811.111 or the designated speed posted under ORS 810.180 is 50 miles per hour or higher.

�� (11) The department shall use the criteria for determining what constitutes reasonable access as specified in ORS 374.310.

�� (12) The department shall make its decision to grant or deny an approach permit on the record. When the department denies an application or approves an application with conditions, the department shall issue findings specifying the basis of the decision for the record. The department shall adopt rules specifying the form of the record.

�� (13) The department and a local government may enter into an intergovernmental agreement setting provisions for and allowing the local government to issue approach permits for regional and district state highways. The agreement must provide that permits issued by local governments will be consistent with the highway plan and administrative rules adopted by the department, with state statutes and with the local transportation system plan acknowledged under ORS chapters 197 and 197A. The department shall adopt rules specifying the circumstances under which authority will be delegated to a local government.

�� (14) The department shall develop a program that allows a person that might be affected by the issuance of the permit, but that is not the owner of the property subject to the permit, to express concerns to the department prior to the issuance of the permit. For purposes of this subsection, persons that might be affected by the issuance of the permit are the city or county in which the road is located and any person that owns property adjacent to the proposed access. Nothing in this subsection gives a city, county or other person that might be affected standing to appeal any decision of the department regarding granting of the permit. [1999 c.974 �2; 2003 c.371 �2; 2011 c.330 �13]

�� Note: 374.312 was added to and made a part of 374.302 to 374.334 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 374.313 Claim for relief after closure of approach road; mediation; rules; appraisal. (1) If the Department of Transportation closes an approach road for which a permit was issued under ORS

ORS 376.155

376.155, every petitioner granted use of the way of necessity shall be jointly and severally liable for any costs ordered to be paid.

�� (5) Any party to the action for a way of necessity may contest any part of the order of the county governing body in an appeal filed with the circuit court within 30 days after entry of the order of the county governing body. [1979 c.862 �5; 1989 c.674 �2; 1991 c.936 �3]

�� 376.180 Conditions for way of necessity. A way of necessity established under ORS 376.150 to 376.200 shall:

�� (1) Be located to cause the least possible damage to land across which it is located;

�� (2) Be fenced or gated if required by the county governing body;

�� (3) Not be connected to a public road in a location or manner that creates a traffic hazard or decreases the safety on the public road;

�� (4) Be established only for uses in connection with the property for which the way of necessity is sought;

�� (5) Not be subject to any use that is not described in the order establishing the way of necessity;

�� (6) Not exceed 30 feet in width unless authorized by the county governing body for engineering purposes;

�� (7) Not be connected to a public road where the rights of access to the road have been acquired by the state or a county unless the state or governing body of the county grants permission for the connection;

�� (8) Not be established if the property for which the way of necessity is sought has an existing enforceable access to a public road;

�� (9) Not be established if the petitioner for the way of necessity could acquire an easement for access to a public road through other legal action;

�� (10) Not be established for land that has been subdivided or partitioned in violation of ORS chapter 92;

�� (11) Not be established over land owned by the state or a political subdivision of the state unless permission is granted for the way of necessity under ORS 376.185; and

�� (12) Not be established for any land if the owner of the land had knowingly eliminated access to all public roads from the land by the sale of other land owned by the landowner. [1979 c.862 �6; 1991 c.936 �5; 1993 c.18 �91]

�� 376.185 Way of necessity over public land. (1) A way of necessity may not be established under ORS 376.150 to 376.200 across land owned by the state or a political subdivision of the state without the consent of the governing body of the political subdivision or of the appropriate agency of the state. The governing body of a political subdivision of this state and any agency of the state shall not unreasonably withhold consent required under this subsection.

�� (2) Whenever a way of necessity is sought over land owned by the state or a political subdivision of the state, a copy of the petition for the way of necessity, of the county report and of the notice of hearing shall be forwarded by certified mail to:

�� (a) If the political subdivision owns the land, the governing body of the political subdivision.

�� (b) If the state owns the land, to the Department of State Lands and to each agency of the state that has use or control of the land. [1979 c.862 �7; 1993 c.98 �17]

�� 376.190 Responsibility for maintenance of way of necessity; alteration limited. (1) A way of necessity that is established under ORS 376.150 to 376.200 shall be maintained and kept passable by the person owning the land for which the way of necessity is established. This subsection does not require the person to provide for maintenance of the way of necessity for uses or persons not specifically provided in the order establishing the way of necessity.

�� (2) A way of necessity established under ORS 376.150 to 376.200 shall not be altered or vacated except by the governing body of the county in which it is located and in a manner provided by law for the alteration or vacation of a public road.

�� (3) No county shall be required to work, improve, maintain or repair a way of necessity. [1979 c.862 �8; 1991 c.936 �5]

�� 376.195 Subsequent partition of land receiving way of necessity requires government approval. Land for which a way of necessity is established under ORS 376.150 to 376.200 shall not be subsequently partitioned without the approval of the city or county governing body which has partitioning authority. [1979 c.862 �9]

�� 376.197 Way of necessity to historic cemeteries. (1) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity for nonmotorized conveyance is established to any parcel that meets the criteria described in ORS 308A.125.

�� (2)(a) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity is established to a historic cemetery listed in accordance with the provisions of ORS 97.782.

�� (b) The way of necessity established under paragraph (a) of this subsection shall:

�� (A) Be designated by the owner of the land over which the way of necessity passes; and

�� (B) Be accessible, at reasonable times to be designated by the property owner for visitation, maintenance or research purposes, to the owner of the historic cemetery, to descendants of those persons buried in the historic cemetery and to persons interested in historical research. The reasonableness of the times designated by the property owner shall be based on the need of the property owner to make use of the property and the need of the historic cemetery visitors for family visitation, maintenance or research access to the historic cemetery. [1999 c.314 �46; 2001 c.364 �1; 2003 c.173 �9]

�� 376.200 Transfer of jurisdiction over establishment of ways of necessity to circuit court; local court rules; procedure after transfer. (1) Notwithstanding any provision of ORS 376.150 to 376.200, a county governing body may adopt an ordinance removing the county governing body from jurisdiction over the establishment of ways of necessity under ORS 376.150 to 376.200.

�� (2) If the county governing body adopts an ordinance described in subsection (1) of this section, the circuit court of that county shall have jurisdiction of the establishment of ways of necessity for that county. Except as otherwise provided in this section, a court with jurisdiction of the establishment of ways of necessity under this section shall follow the procedures for establishment of a way of necessity provided under ORS 376.150 to 376.200. The court may adopt local court rules to supplement the procedures provided under ORS 376.150 to 376.200.

�� (3) Notwithstanding ORS 376.175, if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, an appeal from the decision of the court shall be to the Court of Appeals.

�� (4) Notwithstanding ORS 376.160 (1), if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon filing a petition the petitioner shall:

�� (a) Provide for service of the petition on all persons owning land across which the way of necessity could be located; and

�� (b) Post a bond or security deposit with the court clerk in an amount required by the court to pay for the cost of the investigation and report under subsection (5) of this section.

�� (5) If jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon receipt of a petition the court shall appoint a person to investigate the proposed way of necessity and submit a written report to the court and the petitioner. The cost of the investigation and report shall be charged against the bond or security deposit posted under subsection (4) of this section. If the bond or security deposit is more than the actual cost of the investigation and report, the difference shall be refunded to the petitioner. If the bond or security deposit is less than the actual cost of the investigation and report, the petitioner shall pay to the county governing body the amount of the deficiency. A judgment of the court shall not become final until the full cost of the investigation and report has been paid.

�� (6) Notwithstanding ORS 376.160 (3), if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon receipt of the report under subsection (5) of this section, the petitioner shall serve a copy of the petition and report on all persons owning land across which the way of necessity is proposed to be located under the petition or report. [1979 c.862 �10; 1995 c.265 �1]

�� 376.205 [Repealed by 1981 c.153 �79]

�� 376.210 [Repealed by 1981 c.153 �79]

�� 376.215 [Repealed by 1981 c.153 �79]

�� 376.220 [Repealed by 1981 c.153 �79]

FOREST ROADS

�� 376.305 Policy and purpose of Act. (1) It is declared that a substantial part of the forest resources of this state are now left unharvested and are lost by reason of the excessive cost of transportation thereof to market; that substantial forest areas can be economically managed, harvested and the products thereof transported to market only by use of certain county and public roads which the counties of this state are unable to construct, improve and maintain so as to enable their safe and economical use for such purposes.

�� (2) It is declared to be the public policy of this state to conserve and develop its natural resources, to encourage and facilitate the transportation of products of the forest and the salvage and utilization of such products now being wasted, and to develop and improve certain county and other public roads for such purposes.

�� 376.310 Definitions for ORS 376.305 to 376.390. As used in ORS 376.305 to 376.390:

�� (1) �Forest road� means any county or public road, or part thereof, outside the corporate limits of a city, which is within or extends into or toward a mountainous or timbered area, and which is under the control and supervision of a county court of this state.

�� (2) �Contract forest road� means a forest road improved or maintained pursuant to a contract made under ORS 376.305 to 376.390.

�� (3) �Logging operator� means any person having the right to cut and remove timber or forest products in this state, or who is engaged or desirous of engaging in this state in the transportation of forest products, by motor vehicle, to market or processing plant.

�� (4) �Forest road contractor� means a logging operator who has entered into a contract under ORS

ORS 376.990

376.990�� Penalties

GENERAL PROVISIONS

�� 376.005 �County court� defined. As used in this chapter, unless the context requires otherwise, �county court� means the governing body of the county, whether it is a county court or board of county commissioners.

�� 376.105 [Repealed by 1979 c.862 �12]

�� 376.110 [Repealed by 1979 c.862 �12]

�� 376.115 [Repealed by 1979 c.862 �12]

�� 376.120 [Repealed by 1979 c.862 �12]

�� 376.125 [Repealed by 1979 c.862 �12]

�� 376.130 [Repealed by 1979 c.862 �12]

�� 376.135 [Repealed by 1979 c.862 �12]

�� 376.140 [Repealed by 1971 c.743 �432]

�� 376.145 [Repealed by 1979 c.862 �12]

STATUTORY WAYS OF NECESSITY

�� 376.150 Definitions for ORS 376.150 to 376.200. As used in ORS 376.150 to 376.200:

�� (1) �Public road� means the entire right of way of any road over which the public has the right of use or any right of way held by the state or a political subdivision of the state for road purposes that is not open for public use.

�� (2) �Way of necessity� means:

�� (a) A road established under ORS 376.150 to 376.200 to provide motor vehicle access from a public road to land that would otherwise have no motor vehicle access;

�� (b) A route established under ORS 376.150 to 376.200 to provide utility service access from an existing service location to a service point that would otherwise have no utility service access; or

�� (c) A route established under ORS 376.150 to 376.200 to provide a continuation of preexisting sewer service to land that has access to a public road. [1979 c.862 �1; 1989 c.674 �1; 2009 c.318 �1]

�� 376.155 Petition to establish way of necessity; contents; requirements. (1) To establish a way of necessity under ORS 376.150 to 376.200, a landowner shall file a petition with the governing body of the county in which the land is located.

�� (2) A petition filed under this section shall contain a drawing and a narrative statement that contain all of the following information:

�� (a) The location and legal description of the property to be served by the proposed way of necessity.

�� (b) The location of all public roads located in the vicinity of the property to be served by the proposed way of necessity that are capable of being used to provide access to the property. The petition shall include the location of public roads that are not open for public use.

�� (c) A specific proposed location for the proposed way of necessity.

�� (d) Evidence showing the necessity for the establishment of a way of necessity.

�� (e) Evidence that either:

�� (A) The proposed way of necessity does not connect to a public road that has access rights acquired and limited by the state or county; or

�� (B) If the public road proposed for access by way of necessity has the limited access rights, the state or county is willing to grant permission to connect the proposed way of necessity to the public road.

�� (f) Evidence that the proposed way of necessity may be connected to the public road safely.

�� (g) Evidence that the specific location proposed for the way of necessity is the nearest practicable point for connection to a way of necessity to a public road.

�� (h) The names and addresses of the persons owning the land across which the way of necessity could be located.

�� (i) The petitioner�s proposal for the amount of compensation to persons owning land across which the way of necessity is proposed to be located.

�� (j) Evidence that the petitioner does not have an existing easement or right to an easement to provide access to a public road.

�� (k) Evidence that the petitioner does not have any enforceable access to a public road.

�� (L) If the petition is to establish a way of necessity described in ORS 376.150 (2)(c), evidence that:

�� (A) A publicly owned sewer line does not exist in the portion of any public road adjacent to the land; and

�� (B) The land is located in a jurisdiction that has adopted and implemented a public sewer extension program designed to make public sewers available to land lacking access to a public sewer line in the portion of a public road adjacent to the land. [1979 c.862 �2; 1991 c.936 �2; 2009 c.318 �2]

�� 376.157 Continuation of preexisting sewer service. (1) A way of necessity that provides a continuation of preexisting sewer service to land that has access to a public road:

�� (a) Terminates six months after a local government, as defined in ORS 174.116, having jurisdiction over the affected land issues a notice to affected property owners declaring the completion of a public sewer line that provides direct access to the land.

�� (b) May not be approved in circumstances where the abandonment of an existing private sewer line connection is necessitated by permitted development or redevelopment.

�� (2) Compensation paid by the owner of the benefited land to the owner of the land burdened by the way of necessity must reflect the temporary duration of ways of necessity approved under ORS 376.175. [2009 c.318 �4]

�� 376.160 Notice to landowners; investigation of proposed way; report to county governing body. (1) Upon receipt of a petition for a way of necessity filed under ORS 376.155, a county governing body shall:

�� (a) Provide for service of the petition on all persons owning land across which the way of necessity could be located; and

�� (b) Direct the county engineer, county surveyor or other persons appointed by the governing body to investigate the proposed way of necessity and to submit a written report to the county governing body.

�� (2) The report under subsection (1) of this section shall include:

�� (a) Possible alternate routes for ways of necessity to the property;

�� (b) A determination of whether the proposed way of necessity meets the requirements under ORS 376.150 to 376.200;

�� (c) The reasonableness of the way of necessity proposed in the petition; and

�� (d) A recommendation for a specific location and width for a way of necessity.

�� (3) Upon receipt of the report under subsection (2) of this section, the county governing body shall:

�� (a) Provide a copy of the report to the petitioner; and

�� (b) Serve a copy of the petition and report on all persons owning land across which the way of necessity is proposed to be located under the report or the petition.

�� (4) Service of the petition and report under this section shall be accomplished in the manner provided for service of summons in an action at law. If the report includes a recommendation for a route different than the route proposed in the petition, service on the affected parties shall include a copy of the petition. [1979 c.862 �3]

�� 376.165 Deposit to cover county expenses. Upon receipt of a petition for a way of necessity filed under ORS 376.155, a county governing body may require the petitioner to deposit with the county an amount of money or other security to use for payment of county expenses incurred in the procedure for establishing the way of necessity or to assure that the expenses will be paid. If a deposit of money is required by the governing body, the deposit may be used to pay expenses and shall be deducted from the expenses ordered to be paid under ORS 376.175. [1979 c.862 �3a]

�� 376.170 Filing of answer by landowner; reply to answer by petitioner. (1) Any person owning land across which a way of necessity is proposed to be established under ORS 376.150 to

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 381.755

381.755. The executive director serves at the pleasure of the board. Subject to any rules adopted by the commission, the executive director may appoint staff or retain consultants to carry out the purposes and duties of the commission.

�� (2) Before construction may begin on a bridge, the board must appoint or retain legal counsel, including but not limited to bond counsel, to furnish or cause to be furnished to the commission any opinions, advice and counsel requested by the commission, and to represent or oversee the representation of the commission in legal matters or hearings, as directed by the commission.

�� (3) The commission may employ such engineering, technical, legal, administrative, operating or other personnel, officers or agents on a regular, part-time or consulting basis as the commission deems necessary or beneficial to the performance of the commission�s duties. The commission may fix and provide for the qualification, appointment, removal, term, tenure, compensation, pension and retirement rights of the commission�s officers and employees. Employees of the commission are afforded the labor rights and protections afforded to public employees under the laws of the state within which the primary place of business of the commission is situated.

�� (4) All privileges and immunities from liability, laws and benefits that apply to directors, officers, agents or employees of a municipal corporation under the applicable laws described in ORS 381.745 apply to the directors, officers, agents and employees of the commission.

�� (5) The commission may purchase insurance or self-insure to protect and hold personally harmless any of the directors, officers, employees or agents of the commission from any action, claim or proceeding arising out of the performance, purported performance or failure of performance in good faith of duties for or employment with the commission of the directors, officers, employees and agents, and to hold the directors, officers, employees and agents harmless from any expenses connected with the defense, settlement or monetary judgments arising from the actions, claims or proceedings.

�� (6) The commission may purchase insurance or self-insure against loss or damage to any of the commission�s properties or facilities, damage to persons or property, loss of revenues or other coverages, as the board may elect to accomplish the purposes of the commission. The board may determine the form and amount of the insurance coverage, provided that the insurance amount satisfies the requirements of any agreement arising from the issuance of bonds or other obligations by the commission. The board may enter into intergovernmental agreements with a state, a local government or a combination of states and local governments, to acquire or maintain insurance.

�� (7) Upon request by the State of Oregon, the State of Washington or a local government, the commission shall furnish information related to the commission�s affairs to the requester. The commission shall prepare an annual report summarizing the major activities and expenditures of the commission for the fiscal year and forecasting the major activities and expenditures of the commission for the following year. The commission shall furnish a copy of the annual report, together with any additional information the commission deems appropriate, to the local governments and other interested parties.

�� (8) Except as provided in subsection (9) of this section, a board shall prepare and adopt an annual or a biennial budget and make appropriations consistent with this subsection. In no case can the adopted budget expenditure allowances exceed total estimated revenues unless accompanied by proposed legislation to obtain an equivalent amount of additional revenue. The board may adopt, and subsequently amend, a rule establishing requirements and processes for adopting a budget. The board shall:

�� (a) Establish a budget committee;

�� (b) Publish a public notice for each meeting of the budget committee;

�� (c) Publish a public notice and hold a public hearing on the proposed budget before adopting a budget;

�� (d) Adopt the budget, as amended or revised by the board, before the start of the budget period;

�� (e) Adopt amendments to the adopted budget or adopt supplementary budgets during a budget period, as the board deems appropriate; and

�� (f) Transmit to local governments a copy of the final budget and any amended or supplementary budgets adopted by the board.

�� (9) Notwithstanding subsection (8) of this section, a commission is not required to adopt a budget for any year in which the commission does not have revenue and all revenues and expenditures for a bridge replacement project derive from and are authorized by a budget of one or more local governments. [2022 c.7 �6]

�� 381.720 Real property. (1) A commission may finance, refinance, acquire or otherwise assume control of, by purchase, lease, donation or other means, real property or personal property, structures, property rights, franchises, easements or other property interests, whether situated within the State of Oregon or the State of Washington, as the board deems necessary or incidental to the purposes of the commission.

�� (2) The commission may exercise the power of eminent domain to acquire by condemnation any property, structures, property rights, franchises, easements or other property interests situated within the State of Oregon or the State of Washington as the board deems necessary or incidental to the purposes of the commission, subject to the applicable laws described in ORS 381.745 (3). Property owned or held by a state or a local government may not be taken by the commission without the prior consent of the state or local government. [2022 c.7 �7]

�� 381.725 Revenues; rules. (1) A board shall have the exclusive power to impose, fix and periodically adjust the rate of tolls or other charges for use of a bridge owned or operated by the commission without approval, authorization or concurrence by a state legislature, state toll authority, local government, state agency, state official or other entity. The board may establish and implement rules for specifying the rate of tolls and other charges, including but not limited to discounts, exemptions and distinct rates for certain classes of vehicle and user. Nothing in ORS 383.001 to 383.245 prohibits a commission from establishing or setting a toll or other charge for use of a bridge owned or operated by the commission.

�� (2) In setting and periodically adjusting toll rates or other charges, a board shall ensure that toll rates and other charges annually yield revenue sufficient to meet the costs, expenses and obligations of the commission, including the satisfaction of the financial and other covenants made by the commission with regard to bonds or other debt instruments.

�� (3) To enforce the payment of tolls and other charges for use of a bridge, the commission may enter into agreements with the Department of Transportation and an agency of the State of Washington. An agreement may provide that:

�� (a) The department or agency shall provide information to the commission or the commission�s designee to identify registered owners of vehicles who fail to pay a toll or other charge established by the commission under this section.

�� (b) If a commission, or a commission�s designee, gives notice to the department or agency that a person has not paid a toll or other charge established under this section, the department or agency shall refuse to renew the motor vehicle registration of the motor vehicle operated by the person at the time of the violation.

�� (c) The department or agency may renew a motor vehicle registration of a person described in paragraph (b) of this subsection upon receipt of a notice from a commission, or a commission�s designee, indicating that all tolls and other charges established under this section and owed by the person have been paid.

�� (4) A transponder record or recorded image of a vehicle and the registration plate of the vehicle produced by a photo enforcement system at the time a driver of a vehicle did not pay a toll is prima facie evidence that the registered owner of the vehicle is the driver of the vehicle, provided that, if the registered owner of a vehicle is a person in the vehicle rental or leasing business, the registered owner may identify the person who was operating the vehicle at the time the toll was not paid or pay the toll and other charges. A registered owner of a vehicle who pays a toll or other charge imposed while another person was operating the vehicle of the registered owner is entitled to full reimbursement from the operator. The rights granted to the commission to enforce the payment of tolls and other charges of the commission under ORS 381.702 to 381.755 are supplemental, and the commission may employ all other remedies available to the commission under the laws of the State of Oregon and the State of Washington.

�� (5) The proceeds from toll rates and other charges of the commission may only be used to pay the necessary and incidental costs and expenses incurred by the commission in connection with owning, constructing, operating, maintaining, renewing and governing a bridge, including but not limited to costs incurred for:

�� (a) The design, development, construction, equipping, installation, financing or refinancing of the bridge, demolition and removal of the existing bridge and mitigation of associated impacts;

�� (b) The operation, repair, maintenance, resurfacing, preservation, equipping, improvement, reconstruction, renewal and replacement of the bridge;

�� (c) The tolling of the bridge, the collection, administration and enforcement of tolls and the acquisition, leasing, maintenance and replacement of tolling equipment and software;

�� (d) The financing or refinancing of any bonds or other debt instruments of the commission;

�� (e) A reasonable return on investment for the private financing of the costs, expenses or obligations of the commission;

�� (f) The establishment and maintenance of reserves or sinking funds approved by the board; and

�� (g) Any other obligations or expenses incurred by the commission in carrying out the commission�s purposes under ORS 381.702 to 381.755.

�� (6) The commission may grant to a public or private entity by franchise, lease or in another manner the use or control of all or part of a bridge, property or facility owned or under the control of the commission, and may fix the terms, conditions, rents and other payments for the use or control.

�� (7) For the purpose of funding a bridge under ORS 381.702 to 381.755, the approaches, connecting roads, related facilities and appurtenances on both sides of the Columbia River are designated as part of the highway system of Oregon. All revenues, receipts, grants, bond proceeds and other funds of the commission may be commingled and spent to carry out the purposes of the commission, unless and to the extent otherwise restricted by the terms of a grant agreement or debt instrument. [2022 c.7 �8]

�� 381.730 Bridge design and construction. (1) The commission shall:

�� (a) Design and construct a bridge to standards and specifications satisfactory to the departments of transportation;

�� (b) Comply with all applicable permits, clearances and mitigation requirements; and

�� (c) Arrange for timely review by the departments of transportation of all pertinent engineering plans, specifications and related reports.

�� (2) The commission may undertake construction activities that have necessary permits and for which funding is available, provided that before issuing a notice to proceed with the construction of a bridge foundation, the commission shall:

�� (a) Prepare and adopt an initial bridge finance plan to fund the design, construction, operation, maintenance, administration and governance of the bridge. Before adopting the initial bridge finance plan, a board shall require a feasibility review of the initial bridge finance plan and shall submit the feasibility review to the departments of transportation and the local governments that are parties to the commission formation agreement, for their review. Following receipt of feedback from the departments of transportation and local governments, the board may adopt the initial bridge finance plan. After the initial bridge finance plan is adopted, the board may periodically adjust or amend the initial bridge finance plan; and

�� (b) Make and enter into a written agreement with the owner of an existing bridge, under terms and conditions that are mutually agreeable, regarding the removal and disposition of the existing bridge. The agreement must address:

�� (A) The roles, responsibilities and obligations of the parties regarding the removal and disposal of the existing bridge, including the liabilities or potential liabilities incident thereto;

�� (B) The retirement of the outstanding debt for which toll revenue from the existing bridge is pledged;

�� (C) The distribution of proceeds from the salvage value of the existing bridge;

�� (D) The disposition of the property, equipment or other assets incidental to the existing bridge;

�� (E) Mitigation of impacts to existing bridge operations; and

�� (F) Any other matters to which the commission and owner of the existing bridge agree.

�� (3) For purposes of the acquisition, design, construction, installation, operation or maintenance of the bridge, or any combination thereof, the commission, without the prior or subsequent authorization, approval or concurrence by the State of Oregon, the State of Washington, a local government or other governmental entity of either state, may enter into any combination of contracts, agreements or other arrangements with one or more private entities or units of government, or any combination thereof, as the commission may elect, including, but not limited to, any alternative or supplemental public works contract such as design-build and construction manager-general contractor contracts, public-private partnership agreement, lease agreement, franchise agreement or financing agreement, and may include any terms and conditions permitted under the Oregon Constitution and the Washington State Constitution and to which the parties agree.

�� (4) As part of the construction of a bridge, a commission shall demolish, remove and dispose of an existing bridge in accordance with applicable environmental permits and the terms of an agreement between the commission and owner of the existing bridge. Unless otherwise agreed to by the owner of the existing bridge, the proceeds from the sale of salvaged materials from the existing bridge are owing to the owner. [2022 c.7 �9]

�� 381.735 Bridge operations; rules. (1) A board shall have the exclusive power to adopt and enforce the rules and regulations for the use, operation, maintenance, inspection and preservation of a bridge owned or operated by the commission, including loads permitted on the bridge and closing the bridge to any traffic deemed unsafe by the commission, provided that the commission must comply with all state and federal regulations generally applicable to bridge operations, maintenance, safety and inspections.

�� (2) A facility or property owned, leased, operated or controlled by the commission may be operated by the commission directly or by a public or private entity pursuant to a contract, lease or agreement.

�� (3) Compensation to a contractor under an operating contract may be in the form of a payment by the commission to the contractor for services rendered, a payment by the contractor to the commission for the rights to operate the facility or property or other such arrangements as the board may elect.

�� (4) A state agency or local government may pledge revenue or other assistance to support or guaranty, in whole or in part, the repayment of debt, costs of operations or capitalization of reserves of the commission under such terms as the parties may agree, and the commission may accept the assistance. [2022 c.7 �10]

�� 381.740 Financing. (1) A board, for any lawful purpose of the commission, without the necessity of any assent by electors, local governments or any other governmental entity, may by resolution or ordinance provide for the issuance and sale of:

�� (a) Revenue bonds or other debt instruments paid from and secured by all or any revenue of the commission;

�� (b) Short-term obligations, notes, warrants or other debt instruments in anticipation of any grant receipts from the federal government, a state government or a local government or other receipts of the commission; and

�� (c) Revenue refunding bonds or other refunding debt instruments for the purpose of redeeming, refinancing, extending or unifying, in whole or in part, outstanding bonds or other debt instruments.

�� (2) To the extent permitted by federal law, bonds and other debt instruments of the commission may be issued as taxable bonds or as tax-exempt bonds under the income tax laws of the United States. Notwithstanding the status of the bonds or other debt instruments for federal income tax purposes, interest paid to the owners of the bonds or other debt instruments of the commission is exempt from personal income taxes imposed by the State of Oregon or any political subdivision, district or municipality thereof.

�� (3) If the applicable laws under ORS 381.745 are those of the State of Oregon, the commission as a public body may issue and sell:

�� (a) Revenue bonds or other debt instruments under ORS 287A.150;

�� (b) Debt instruments to refund outstanding debt instruments under ORS 287A.150 (6) and

ORS 390.150

390.150]

�� 366.185 [1957 c.635 �2; 1971 c.481 �11a; 1971 c.598 �7; 1973 c.249 �36; repealed by 1979 c.186 �30]

POWERS AND DUTIES OF OREGON TRANSPORTATION COMMISSION

�� 366.205 Power and authority of commission over highways; rules. (1) The Oregon Transportation Commission has general supervision and control over all matters pertaining to the selection, establishment, location, construction, improvement, maintenance, operation and administration of state highways, the letting of contracts therefor, the selection of materials to be used therein and all other matters and things considered necessary or proper by the commission for the accomplishment of the purposes of this Act.

�� (2) The commission has full power to carry out the provisions of and may make such rules as it considers necessary for the accomplishment of the purposes of this Act, as defined in ORS 366.005.

�� (3) The Director of Transportation, as authorized by the commission, shall appoint such officials and do any other act or thing necessary to fully meet the requirements of ORS 366.510. [Amended by 1963 c.601 �1; 1965 c.368 �6; 1973 c.249 �37; 1975 c.436 �8; 1985 c.565 �64; 1989 c.904 �35; 1993 c.741 �38]

�� 366.207 Statewide winter maintenance strategy and policy; rock salt. The Oregon Transportation Commission shall develop a statewide winter maintenance strategy and policy that includes the use of rock salt or similar solid salt products. In developing the strategy, the commission shall focus on highways under the Department of Transportation�s jurisdiction as the road authority pursuant to ORS 810.010 and take into consideration environmental best practices. [2017 c.750 �136]

�� 366.210 Limit on administration and engineering expenditure. The total cost in any one year for administration and engineering of highway construction shall not exceed 10 percent of the total funds available to the Department of Transportation during that year for its highway activities. [Amended by 1973 c.249 �38; 1993 c.741 �39]

FREIGHT ADVISORY COMMITTEE

�� 366.212 Freight Advisory Committee. (1) There is created the Freight Advisory Committee to be appointed by the Director of Transportation to advise the director and the Oregon Transportation Commission regarding issues, policies and programs that impact multimodal freight mobility in Oregon.

�� (2) The director shall have discretion to determine the number of committee members and the duration of membership. The committee membership shall include, but not be limited to, representatives from the shipping and carrier industries, the state, local governments and ports, including the Port of Portland.

�� (3) The committee shall:

�� (a) Elect a chairperson and a vice chairperson.

�� (b) Meet at least four times a year.

�� (c) Provide input on statewide and regional policies and actions that impact freight mobility.

�� (d) Provide input on the development of policy and planning documents that impact freight mobility.

�� (e) Advise the commission and regionally based advisory groups about the Statewide Transportation Improvement Program and the program�s consideration and inclusion of highest priority multimodal freight mobility projects in each Department of Transportation region.

�� (4) The committee may make recommendations for freight mobility projects to the commission. In making the recommendations, the committee shall give priority to multimodal projects.

�� (5) The Department of Transportation shall provide policy and support staff to the committee. The department shall also provide other personnel to assist the committee as requested by the chairperson and within the limits of available funds. [2001 c.240 �2; 2003 c.618 �46]

STATE HIGHWAYS

�� 366.215 Creation of state highways; reduction in vehicle-carrying capacity. (1) The Oregon Transportation Commission may select, establish, adopt, lay out, locate, alter, relocate, change and realign primary and secondary state highways.

�� (2) Except as provided in subsection (3) of this section, the commission may not permanently reduce the vehicle-carrying capacity of an identified freight route when altering, relocating, changing or realigning a state highway unless safety or access considerations require the reduction.

�� (3) A local government, as defined in ORS 174.116, may apply to the commission for an exemption from the prohibition in subsection (2) of this section. The commission shall grant the exemption if it finds that the exemption is in the best interest of the state and that freight movement is not unreasonably impeded by the exemption. [Amended by 1977 c.312 �2; 2003 c.618 �38]

�� 366.220 Creation of state highway system. (1) The Oregon Transportation Commission may select, establish, designate, construct, maintain, operate and improve or cause to be constructed, maintained, operated and improved a system of state highways within the state, which highways shall be designated by name and by the point of beginning and terminus thereof. The system of state highways shall include such other highways as may from time to time be selected and adopted by the commission pursuant to law and all highways adopted and classified as secondary state highways which are subject to and qualified for construction, improvement, betterment and maintenance as are other state highways.

�� (2) The commission may classify and reclassify the highways comprising the state highway system as primary and secondary highways. Secondary highways may consist of newly established highways, reclassified primary highways and county roads selected pursuant to ORS 366.290. [Amended by 1953 c.252 �2; 1977 c.312 �3]

�� 366.225 [Amended by 1953 c.252 �2; 1957 c.123 �1; repealed by 1977 c.312 �4]

�� 366.226 [Amended by 1953 c.252 �2; 1957 c.123 �2; repealed by 1977 c.312 �4]

�� 366.227 [Amended by 1953 c.252 �2; 1957 c.123 �3; repealed by 1977 c.312 �4]

�� 366.228 [Amended by 1957 c.123 �4; repealed by 1977 c.312 �4]

�� 366.229 [Repealed by 1977 c.312 �4]

�� 366.230 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.231 [Repealed by 1977 c.312 �4]

�� 366.232 [Amended by 1953 c.252 �2; 1957 c.123 �5; repealed by 1977 c.312 �4]

�� 366.233 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.234 [Repealed by 1977 c.312 �4]

�� 366.235 [Amended by 1957 c.123 �6; repealed by 1977 c.312 �4]

�� 366.236 [Repealed by 1977 c.312 �4]

�� 366.237 [Amended by 1955 c.6 �1; repealed by 1977 c.312 �4]

�� 366.238 [Amended by 1953 c.252 �2; 1957 c.123 �7; 1959 c.202 �1; repealed by 1977 c.312 �4]

�� 366.239 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.240 [Repealed by 1977 c.312 �4]

�� 366.241 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.242 [Amended by 1953 c.252 �2; 1957 c.123 �8; repealed by 1977 c.312 �4]

�� 366.243 [Repealed by 1977 c.312 �4]

�� 366.244 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.245 [Repealed by 1977 c.312 �4]

�� 366.246 [Repealed by 1977 c.312 �4]

�� 366.247 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.248 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.249 [Repealed by 1977 c.312 �4]

�� 366.250 [Repealed by 1977 c.312 �4]

�� 366.251 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.252 [Amended by 1957 c.123 �9; repealed by 1977 c.312 �4]

�� 366.253 [Repealed by 1977 c.312 �4]

�� 366.254 [Repealed by 1977 c.312 �4]

�� 366.255 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.256 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.257 [Amended by 1953 c.252 �2; 1957 c.123 �10; repealed by 1977 c.312 �4]

�� 366.258 [Repealed by 1977 c.312 �4]

�� 366.259 [Repealed by 1977 c.312 �4]

�� 366.260 [Amended by 1953 c.252 �2; 1957 c.123 �11; repealed by 1977 c.312 �4]

�� 366.261 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.262 [Repealed by 1977 c.312 �4]

�� 366.263 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.264 [Repealed by 1977 c.312 �4]

�� 366.265 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.266 [Repealed by 1977 c.312 �4]

�� 366.267 [Repealed by 1977 c.312 �4]

�� 366.268 [Repealed by 1977 c.312 �4]

�� 366.269 [Repealed by 1977 c.312 �4]

�� 366.270 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.271 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.272 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.273 [Amended by 1953 c.252 �2; 1957 c.123 �12; repealed by 1977 c.312 �4]

�� 366.274 [Repealed by 1977 c.312 �4]

�� 366.275 [Repealed by 1977 c.312 �4]

�� 366.276 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.277 [Amended by 1953 c.252 �2; 1957 c.123 �13; repealed by 1977 c.312 �4]

�� 366.278 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.279 [1953 c.252 �3; repealed by 1977 c.312 �4]

�� 366.280 [1953 c.252 �4; repealed by 1977 c.312 �4]

�� 366.281 [1953 c.252 �5; repealed by 1957 c.123 �14]

�� 366.282 [1953 c.252 �6; repealed by 1957 c.123 �14]

�� 366.283 [1953 c.252 �7; repealed by 1957 c.123 �14]

�� 366.284 [1953 c.252 �8; repealed by 1977 c.312 �4]

�� 366.285 Location of highways when in doubt; procedure. (1) The Department of Transportation may locate, relocate, define, establish, reestablish and confirm the extension, location and establishment of primary and secondary state highways where:

�� (a) By reason of loss or destruction of field notes of the original surveys made by the county when such roads or highways were laid out and established by the county, defective or incomplete surveys or records, or destroyed monuments or marks, the exact original location and boundary cannot be found or ascertained.

�� (b) For any reason the exact location and right of way lines are in doubt or are challenged.

�� (2) In exercising the authority under subsection (1) of this section the procedure afforded the county with respect to public roads under ORS 368.201 to 368.221 may be followed by the department. [Amended by 1981 c.153 �61]

�� 366.290 Adding to or removing roads from state highway system; responsibility for construction and maintenance. (1) The Department of Transportation may select, locate, establish, designate, improve and maintain out of the highway fund a system of state highways, and for that purpose may, by mutual agreement with several counties, select county roads or public roads. By an appropriate order entered in its records the department may designate and adopt such roads as state highways. Thereafter the construction, improvement, maintenance and repair of such roads shall be under the jurisdiction of the department.

�� (2) In the selection of highways or roads to be included in the state highway system the department shall give consideration to and shall select such county roads or public roads as will contribute to and best promote the completion of an adequate system of state highways.

�� (3)(a) With the written agreement of the county in which a particular highway or part thereof is located, the department may, when in its opinion the interests of highway users will be best served, eliminate from the state highway system any road, highway, road segment or highway segment. The road, highway or segment becomes a county road or highway, and the construction, repair, maintenance or improvement, and jurisdiction over the road or highway will be exclusively under the county in which the road or highway is located.

�� (b) In addition to the funds provided under ORS 366.762 to the county, the department may annually provide funds out of the State Highway Fund to address the additional costs to the county for the construction, repair, maintenance or improvement of the road or highway over which the county accepts jurisdiction.

�� (c) The agreement between the department and the county accepting jurisdiction must contain provisions to ensure that freight movement on the highway will not be restricted beyond the limits set in the agreement, unless the Oregon Transportation Commission, in consultation with the freight industry and the county, concludes that the restriction is necessary for the safety of the highway users. Nothing in this section prevents a county from taking emergency action to protect safety or place weight restrictions on a structure that is failing or otherwise damaged.

�� (4) The construction, maintenance and repair of state highways shall be carried on at the sole expense of the state or at the expense of the state and the county by mutual agreement between the department and the county in which any particular state highway is located. [Amended by 1953 c.252 �2; 1979 c.223 �1; 2011 c.330 �24]

�� 366.292 Consideration of tolling prior to doing modernization project. Before proceeding with a modernization project, or a series of modernization projects on a single highway, that might result in a segment of highway to which tolling could reasonably be applied, the Department of Transportation shall determine what portion of the costs of construction and maintenance could be recovered through tolls on users of the project. The toll potential of a modernization project shall be considered among other factors in determining which modernization projects should be included in the Statewide Transportation Improvement Program, with those projects with the greater potential to be self-funded through tolls ranking higher. A determination under this section may be based on assumptions that a single toll would be imposed or on assumptions that tolls would be imposed that vary depending on time of day or any other condition the department deems relevant. [1999 c.1072 �2]

�� 366.295 Relocation of highways. The Oregon Transportation Commission may make such changes in the location of highways designated and adopted by the commission, as in the judgment and discretion of the commission will result in better alignment, more advantageous and economical highway operation and maintenance, or as will contribute to and afford a more serviceable system of state highways than is possible under the present location. [Amended by 1977 c.312 �1]

�� 366.297 Environmental performance standards; rules. (1) As used in this section, �highway� has the meaning given that term in ORS 801.305.

�� (2) The Department of Transportation shall adopt rules, taking into consideration the following:

�� (a) Incorporating environmental performance standards into the design and construction of all state highway construction projects, including local government highway construction projects funded by the department.

�� (b) Improving the environmental permitting process for state highway construction projects in order to:

�� (A) Reduce the time required to design projects and obtain environmental permits;

�� (B) Reduce the cost and delay associated with redesigning projects to meet environmental requirements;

�� (C) Maintain a strong commitment to environmental stewardship; and

�� (D) Reduce this state�s dependence on foreign oil. [2009 c.865 �18]

�� Note: 366.297 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.

�� 366.300 Treatment of sections eliminated when highway relocated. (1) Whenever the Department of Transportation relocates or realigns a state highway or a section thereof, and by reason of such relocation or realignment there is eliminated from the original route of the highway a section thereof, the eliminated section shall, if needed for the service of persons living thereon or for a community served thereby, be maintained by the department at state expense, or by the county or by the state and the county on such terms and conditions as may be agreed upon.

�� (2) If such eliminated sections of old right of way, or any part thereof, in the judgment of the department, are needed or valuable for public road use, then the department shall, by appropriate action, declare the purpose of the department to preserve the same for public road use.

�� (3) If the department determines under subsection (2) of this section that the eliminated sections are merely parts of the old right of way which are no longer needed or valuable for highway right of way purposes or any other public road use, then if such eliminated sections are not owned by the department in fee, the department shall abandon such eliminated sections and such sections shall, except as otherwise provided in this section, revert to and title thereto shall vest in the abutting owner or owners.

�� (4) Nothing in this section shall impair vested rights of property owners under existing deeds, easements or contracts whereby the state or any county acquired such rights of way. This section shall not prevent the department from contracting for the acquisition of easements or rights of way on such terms and conditions as to abandonment and reverter as it may consider advisable under the conditions then existing. [Amended by 1985 c.259 �1]

�� 366.305 Materials, supplies and equipment. The Department of Transportation may select the materials to be used in the construction, maintenance and operation of state highways. It may purchase or contract for, independent of any particular job, improvement or highway project, whether done by contract, force account or otherwise, any material, supplies or equipment deemed necessary for carrying out the provisions and purposes of this Act in such amounts and manner and pursuant to such method as in the judgment of the department will be for the best interests of the state.

�� 366.310 Buildings and structures. The Department of Transportation may construct, equip, furnish and maintain office accommodations, shops, equipment sheds, storage plants and warehouses, snow fences, patrolmen quarters or accommodations and any other building, structure or thing deemed necessary for the efficient administration of the duties of the department and which in the opinion of the department are required for the proper and adequate accomplishment of the purposes of this Act.

�� 366.315 Widths of rights of way. The Department of Transportation may determine the widths of rights of way for all state highways.

�� 366.317 [1975 c.414 �1; repealed by 2015 c.138 �10]

�� 366.320 Acquisition of rights of way and right of access. (1) The Department of Transportation may acquire rights of way deemed necessary for all primary and secondary state highways, both within and without the corporate limits of cities and towns, except that such rights of way within the corporate limits of cities and towns may be acquired at the sole expense of the state, at the expense of the city or town or at the expense of the city or town and the state, as may be mutually agreed upon.

�� (2) The department may acquire by purchase, agreement, donation or by the exercise of the power of eminent domain, real property or any right or interest therein deemed necessary for rights of way, either for original location or for widening, straightening or otherwise changing any highway, road or street. The department may, when acquiring real property for right of way, acquire all right of access from abutting property to the highway to be constructed, relocated or widened.

�� (3) All rights of way owned or held by the several counties over and along any roads adopted as state highways are vested in the state, by and through the department. This subsection does not apply to any rights of way owned by any city for city streets. [Amended by 1953 c.252 �2]

�� 366.321 Expense of relocating municipal facilities payable by department; exceptions. (1) When location, construction, relocation, reconstruction, maintenance or repair of a state highway requires relocation of any facilities placed or maintained in or on a public right of way by any municipal corporation, or a district or authority established under ORS chapter 264, 450, 451, 523 or 545, the Department of Transportation shall pay the municipal corporation, district or authority whose facilities are so required to be relocated the reasonable expenses of relocation, less any benefits and salvage of the relocation.

�� (2) Subsection (1) of this section shall not apply to:

�� (a) Facilities located in or on the right of way of a state highway under permits issued by the department upon the condition that the permittee would bear the cost of any relocation; or

�� (b) Facilities located in or on the right of way of a state highway where the municipal corporation, district or authority established under ORS chapter 264, 450, 451 or 545, has placed such facilities in or on the right of way of the state highway without a permit from the Oregon Transportation Commission or has refused to execute a permit as required by law or commission regulations. However, this paragraph shall not apply where such municipal corporation, district or authority has located facilities in or on the right of way of a city street or county road with the permission of the governing body of such city or county before such city street or county road was selected and designated a state highway by the Department of Transportation pursuant to ORS

ORS 390.170

390.170]

HISTORIC COLUMBIA RIVER HIGHWAY

�� 366.550 �Historic Columbia River Highway� defined. As used in ORS 366.550 to 366.553, �Historic Columbia River Highway� means all parts of the original Columbia River Highway, constructed between 1913 and 1922, in Multnomah, Hood River and Wasco Counties, that have been designated as a �Historic and Scenic Highway� under ORS 377.100 and all properties and structures that are within the Columbia River Highway Historic District, National Register of Historic Places. [1987 c.382 �1]

Note: 366.550 to 366.553 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.

�� 366.551 Policy. The Legislative Assembly declares that it is the public policy of the State of Oregon to preserve and restore the continuity and historic integrity of the remaining segments of the Historic Columbia River Highway for public use and enjoyment and in furtherance thereof:

�� (1) To reuse and manage the Historic Columbia River Highway as a continuous visitor attraction that ties together Columbia Gorge cities and rural service centers and contributes to their economic development.

�� (2) To rehabilitate, restore, maintain and preserve all original roadway and highway-related structures on the intact and usable highway segments.

�� (3) To connect intact and usable highway segments with recreation trails, where feasible, to create a continuous historic road route through the Columbia Gorge which links local, state and federal recreation and historic sites.

�� (4) To provide a coordinated visitor information program to identify and interpret the significance of the highway.

�� (5) To preserve and enhance the scenic qualities of the highway and its associated corridor.

�� (6) To coordinate appropriate state agency activities and funds to accomplish these purposes. [1987 c.382 �2]

Note: See note under 366.550.

�� 366.552 Historic road program for Historic Columbia River Highway; footpaths and bicycle trails; acquisition of property; cooperation with other agencies. (1) The Department of Transportation and the State Parks and Recreation Department shall prepare and manage a historic road program, in consultation with the Historic Columbia River Highway Advisory Committee and other affected entities, consistent with the purposes of the Columbia River Gorge National Scenic Area Act of 1986 and the public policy of this state declared in ORS 366.551.

�� (2) The departments shall inform the advisory committee of those activities of the departments which may affect the continuity, historic integrity and scenic qualities of the Historic Columbia River Highway.

�� (3) The departments shall undertake efforts to rehabilitate, restore, maintain and preserve all intact and usable segments of the Historic Columbia River Highway and associated state parks. The Department of Transportation may expend funds dedicated for footpaths and bicycle trails under ORS 366.514 to construct footpaths and bicycle trails on those portions of the Historic Columbia River Highway that are parts of the state highway system or that are county roads or city streets and the State Parks and Recreation Department may incorporate those segments into the Oregon recreation trails system under the provisions of ORS 390.950 to 390.989 and 390.995 (2).

�� (4) The departments may acquire real property, or any right or interest therein, deemed necessary for the preservation of historic, scenic or recreation qualities of the Historic Columbia River Highway, for the connection of intact and usable segments, or for the development and maintenance of parks along or in close proximity to the highway. The departments shall encourage the acquisition of lands, or interests in lands, by donation, agreement, exchange or purchase.

�� (5) The departments shall assist and cooperate with other agencies and political subdivisions of the state, state agencies, the federal government, special purpose districts, railroads, public and private organizations and individuals to the extent necessary to carry out the provisions of ORS 366.550 to 366.553. The departments may enter into such contracts as are necessary to carry out these provisions. [1987 c.382 �3; 1989 c.904 �37]

Note: See note under 366.550.

�� 366.553 Advisory committee; members; duties; meetings. (1) There is created in the Department of Transportation an advisory committee to advise the Director of Transportation and the Oregon Transportation Commission on policy matters pertaining to the preservation and restoration of the Historic Columbia River Highway. The committee shall consist of 10 members, including the State Parks and Recreation Director, State Historic Preservation Officer, Director of the Oregon Business Development Department or their delegates, one member appointed by the Director of Transportation and six citizen members, two residents each from Wasco, Hood River and Multnomah Counties. The Governor shall appoint one member from each of the three counties and each county commission shall appoint one member respectively. Citizen members shall have knowledge or specific interest in historic or scenic preservation, engineering design, recreation or related disciplines.

�� (2) The citizen members shall be appointed to terms of four years, commencing on July 1 of the year of appointment. Members of the advisory committee shall be entitled to expenses as provided by ORS 292.495 (2).

�� (3) The committee shall review the department�s preparation of the historic road program and its ongoing management and submit recommendations to the Director of Transportation.

�� (4) The committee shall review proposed highway-related activities and other public actions, except for routine highway maintenance, which may affect the historic integrity, continuity, scenic values, public access and public recreational opportunities within the Columbia River Highway Historic District and submit recommendations to the director. The committee may appoint subcommittees composed of qualified members or other technical specialists, as required, to review plans, construction or other subjects as designated by the committee. The director shall provide notice to the committee of proposed activities, actions or projects at the earliest possible opportunity.

�� (5) The committee may recommend to the director that a public hearing with appropriate public notification be held for proposed activities, actions or projects which significantly affect the Historic Columbia River Highway.

�� (6) The committee shall meet regularly a minimum of four times a year at times and places fixed by the chairperson of the committee. The department shall provide personnel services to assist the committee within the limits of available funds. The committee shall adopt rules to govern its proceedings and may select officers it considers necessary. [1987 c.382 �4; 1989 c.904 �61; 1993 c.736 �54; 1993 c.741 �42]

Note: See note under 366.550.

INTERGOVERNMENTAL HIGHWAY COOPERATION

�� 366.556 Acceptance of provisions of Acts of Congress. The State of Oregon assents to the Act of July 11, 1916, 39 Stat. 355, entitled �An act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes,� or Acts supplementary thereto, and accepts the provisions and benefits of any Act of Congress having for its purpose the construction, improvement or maintenance of public roads or highways in the State of Oregon. [Formerly

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 401.010

401.010 [Repealed by 1983 c.586 �49]

�� 401.015 [1983 c.586 �1; 2009 c.718 �28; renumbered 401.032 in 2009]

�� 401.020 [Amended by 1975 c.379 �8; repealed by 1983 c.586 �49]

DEFINITIONS

�� 401.025 Definitions for ORS chapter 401. As used in this chapter:

�� (1) �Emergency� means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to:

�� (a) Fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material as defined in ORS 466.605, contamination, utility or transportation emergencies, disease, blight, infestation, civil disturbance, riot, sabotage, acts of terrorism and war; and

�� (b) A rapid influx of individuals from outside this state, a rapid migration of individuals from one part of this state to another or a rapid displacement of individuals if the influx, migration or displacement results from the type of event or circumstance described in paragraph (a) of this subsection.

�� (2) �Emergency service agency� means an organization within a local government that performs essential services for the public�s benefit before, during or after an emergency, such as law enforcement, fire control, health, medical and sanitation services, public works and engineering, public information and communications.

�� (3) �Emergency services� means activities engaged in by state and local government agencies to prepare for an emergency and to prevent, minimize, respond to or recover from an emergency, including but not limited to coordination, preparedness planning, training, interagency liaison, fire fighting, oil or hazardous material spill or release cleanup as defined in ORS 466.605, law enforcement, medical, health and sanitation services, engineering and public works, search and rescue activities, warning and public information, damage assessment, administration and fiscal management, and those measures defined as �civil defense� in 50 U.S.C. app. 2252.

�� (4) �Local government� has the meaning given that term in ORS 174.116.

�� (5) �Major disaster� means any event defined as a �major disaster� under 42 U.S.C. 5122(2). [1983 c.586 �2; 1985 c.733 �21; 1987 c.373 �84; 1989 c.361 �8; 1991 c.418 �1; 1991 c.956 �10; 1993 c.187 �1; 1999 c.935 �29; 2005 c.825 �9; 2007 c.97 �10; 2007 c.223 �5; 2007 c.740 �20; 2009 c.718 �17; 2021 c.592 �16]

�� 401.030 [Amended by 1967 c.595 �1; 1969 c.80 �8; 1975 c.379 �9; 1975 c.624 �1; repealed by 1983 c.586 �49]

RESPONSIBILITY FOR EMERGENCY SERVICES

�� 401.032 Statement of policy and purpose. (1) The general purpose of this chapter is to reduce the vulnerability of the State of Oregon to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of emergencies.

�� (2) It is declared to be the policy and intent of the Legislative Assembly that preparations for emergencies and governmental responsibility for responding to emergencies be placed at the local level. The state shall prepare for emergencies, but shall not assume authority or responsibility for responding to an emergency unless the appropriate response is beyond the capability of the city and county in which the emergency occurs, the city or county fails to act, or the emergency involves two or more counties. [Formerly 401.015]

�� 401.035 Responsibility for emergency services systems. (1) The emergency services system is composed of all agencies and organizations involved in the coordinated delivery of emergency services. The Governor is responsible for the emergency services system within the State of Oregon. The executive officer or governing body of each county or city of this state is responsible for the emergency services system within that jurisdiction.

�� (2) In carrying out their responsibilities for emergency services systems, the Governor and the executive officers or governing bodies of the counties or cities may delegate any administrative or operative authority vested in them by this chapter and provide for the subdelegation of that authority. [1983 c.586 �3; 2009 c.718 �24]

�� 401.038 Emergency incident training for certain officials. (1) All elected officials in this state, all administrative heads of state agencies and all persons in the state government management service as defined in ORS 240.212 shall complete introductory courses offered or approved by the Federal Emergency Management Agency on incident command and the National Incident Management System.

�� (2) All officials of a local government, as defined in ORS 174.116, who have or could reasonably be expected to have emergency or disaster response responsibility shall complete education on emergency response as recommended by the emergency program manager appointed by the local government under ORS 401.305 or the chief administrative officer of the local government. [2022 c.55 �4]

�� Note: 401.038 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.

�� 401.039 [2007 c.740 �19; 2009 c.718 �29; renumbered 401.198 in 2009]

�� 401.040 [Amended by 1963 c.528 �1; 1967 c.419 �33; 1969 c.80 �9; 1975 c.379 �10; 1975 c.624 �2; 1981 c.615 �4; repealed by 1983 c.586 �49]

�� 401.041 [2002 s.s.1 c.7 �1; renumbered

ORS 401.025

401.025.

�� (2) The State Fire Marshal shall develop and administer a statewide program, as described in this section, to evaluate the condition of buildings after an emergency and determine whether the buildings may be safely occupied. The program shall be known as the Oregon Safety Assessment Program (OrSAP).

�� (3) Under the program:

�� (a) The State Fire Marshal shall develop standards and procedures for training and certifying building evaluators.

�� (b) The State Fire Marshal shall develop standards and procedures for determining whether buildings may be safely occupied after an emergency. Standards adopted under this paragraph must align with national standards.

�� (c) The State Fire Marshal shall work with local governments to designate local program coordinators who are responsible for implementing the program at the local government level, including authorizing certified building evaluators to perform work on behalf of the local government.

�� (d) The State Fire Marshal shall implement a statewide emergency registry system for registration of local program coordinators, certified building evaluators and approved trainers. The system must allow for efficient communication of information to registered individuals.

�� (e) The State Fire Marshal may enter into agreements with other states to provide mutual aid, which may include reciprocal recognition of certifications for skills related to building evaluation.

�� (4) In developing and implementing the program, the State Fire Marshal shall consult with:

�� (a) Local governments;

�� (b) Relevant state agencies or offices, including the Department of Consumer and Business Services; and

�� (c) Relevant professional organizations, including organizations representing architects, engineers and building safety professionals.

�� (5) The State Fire Marshal shall adopt rules to administer and implement the provisions of this section. [2019 c.649 �1]

�� Note: 401.256 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.

�� 401.257 [2007 c.740 �2; 2009 c.718 �35; renumbered 401.052 in 2009]

�� 401.259 [2007 c.740 �8; 2009 c.595 �224; renumbered 401.054 in 2009]

�� 401.260 [1983 c.586 �10; 1993 c.187 �4; repealed by 2007 c.740 �42]

�� 401.261 [2007 c.740 �3; renumbered 401.062 in 2009]

�� 401.263 [2007 c.740 �4; renumbered 401.072 in 2009]

�� 401.265 [2007 c.740 �5; renumbered 401.076 in 2009]

�� 401.267 [2007 c.740 �6; renumbered 401.082 in 2009]

�� 401.269 [2007 c.740 �7; renumbered 401.088 in 2009]

�� 401.270 [1983 c.586 �11; 1993 c.187 �5; 2003 c.556 �2; 2005 c.526 �10; 2005 c.813 �3; 2005 c.825 �10; 2007 c.740 �22; 2009 c.718 �42; renumbered 401.092 in 2009]

�� 401.271 [2007 c.98 �1; renumbered 401.975 in 2009]

�� 401.272 [2007 c.98 �3; 2009 c.718 �30; renumbered 401.977 in 2009]

�� 401.273 [2007 c.98 �4; renumbered 404.350 in 2009]

�� 401.274 [2007 c.98 �5; 2009 c.718 �31; renumbered 401.978 in 2009]

�� 401.275 [1993 c.187 �8; 2007 c.740 �23; 2009 c.718 �36; renumbered 401.094 in 2009]

�� 401.280 [1983 c.586 �22; 1993 c.187 �6; 2007 c.740 �24; 2008 c.18 �8; renumbered 401.096 in 2009]

�� 401.282 [2005 c.526 �1; renumbered 403.400 in 2009]

�� 401.284 [2005 c.526 �3; renumbered 403.405 in 2009]

�� 401.286 [2005 c.526 �4; renumbered 403.410 in 2009]

�� 401.288 [2005 c.526 �5; renumbered 403.415 in 2009]

�� 401.290 [2005 c.526 �6; renumbered 403.420 in 2009]

�� 401.292 [2005 c.526 �7; renumbered 403.425 in 2009]

�� 401.294 [2005 c.526 �8; renumbered 403.430 in 2009]

�� 401.296 [2005 c.526 �9; renumbered 403.435 in 2009]

�� 401.300 [2005 c.813 �2; 2007 c.740 �25; 2009 c.595 �225; renumbered 401.910 in 2009]

EMERGENCY MANAGEMENT BY CITIES, COUNTIES AND

TRIBAL GOVERNMENTS

(Emergency Management Agency)

�� 401.305 Emergency management agency of city, county or tribal government; emergency program manager; coordination of emergency management functions. (1) As used in this section, �tribal government� means a federally recognized sovereign tribal government operating within the borders of this state or an intertribal organization formed by two or more federally recognized sovereign tribal governments operating within this state.

�� (2) Each county of this state shall, and each city or tribal government may, establish an emergency management agency that is directly responsible to the executive officer or governing body of the county, city or tribe.

�� (3) The executive officer or governing body of each county, and any city or tribe that participates, shall appoint an emergency program manager who is responsible for the organization, administration and operation of the emergency management agency, subject to the direction and control of the county, city or tribe.

�� (4) When a city or tribal government has an emergency management agency, the city or tribal government, as applicable, and the counties within which the city or tribal government operates shall jointly establish policies that:

�� (a) Provide direction and identify and define the purpose and roles of the individual emergency management programs;

�� (b) Specify the responsibilities of the emergency program managers and staff; and

�� (c) Establish lines of communication, succession and authority of elected officials for an effective and efficient response to emergency conditions.

�� (5) Each emergency management agency shall perform emergency program management functions within the territorial limits of the county, city or tribal government and may perform the functions outside the territorial limits as required under any mutual aid or cooperative assistance agreement or as requested and authorized by the county or city in whose territorial limits the emergency functions are performed.

�� (6) The emergency management functions include, at a minimum:

�� (a) Coordination of the planning activities necessary to prepare and maintain a current emergency operations plan, management and maintenance of emergency operating facilities from which elected and appointed officials can direct emergency and disaster response activities;

�� (b) Establishment of an incident command structure for management of a coordinated response by all local emergency service agencies; and

�� (c) Coordination with the Oregon Department of Emergency Management to integrate effective practices in emergency preparedness and response as provided in the National Incident Management System established by the Homeland Security Presidential Directive 5 of February 28, 2003. [1983 c.586 �12; 1993 c.187 �9; 2005 c.825 �11; 2013 c.189 �2; 2021 c.539 �35]

�� 401.307 Emergency management agency appropriation; tax levy. (1) Each county and city may make appropriations, in the manner provided by law for making appropriations for the expenses of the county or city, for the payment of expenses of its emergency management agency and may levy taxes upon the taxable property within the county or city.

�� (2) An appropriation made under subsection (1) of this section shall be budgeted so that it is possible to identify it as a distinguishable expense category. [Formerly

ORS 401.307

401.307 in 2009]

�� 401.330 [Amended by 1953 c.394 �10; repealed by 1983 c.586 �49]

�� 401.335 Temporary housing for disaster victims; political subdivision�s authority. Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into arrangements necessary to prepare or equip such sites to utilize the housing units. [Formerly 401.620]

�� 401.337 [1991 c.956 �2; 1993 c.187 �10; 1995 c.511 �1; 1997 c.520 ��1,1a; 2007 c.740 �26; renumbered 401.915 in 2009]

�� 401.340 [Amended by 1953 c.394 �10; repealed by 1983 c.586 �49]

(Local Programs for Private Building Inspections)

�� 401.341 Building inspections by private qualified professionals; rules. (1) Local governments may enact local programs under which owners of buildings may, prior to an emergency, enter into agreements with private qualified professionals to conduct building inspections following an emergency to determine whether buildings may be safely occupied.

�� (2) A local program enacted under this section must:

�� (a) Require that owners of buildings receive approval from the local government before entering into an agreement with a qualified professional under the program; and

�� (b) Require that qualified professionals receive approval from the local government before entering into an agreement with a building owner under the program.

�� (3) If a local government enacts a local program under this section, the local government shall provide the State Fire Marshal with all laws and regulations governing the program, as well as any other information requested by the State Fire Marshal.

�� (4) The State Fire Marshal may, by rule, impose additional restrictions on local programs enacted under this section as necessary or advisable to promote safe and efficient response and recovery after an emergency.

�� (5) As used in this section:

�� (a) �Emergency� has the meaning given that term in ORS 401.025.

�� (b) �Local government� has the meaning given that term in ORS 174.116.

�� (c) �Qualified professional� means an individual who is:

�� (A) Registered and has a valid certificate to practice engineering issued under ORS 672.002 to

ORS 401.500

401.500; 2021 c.539 �58]

EMERGENCY MANAGEMENT ASSISTANCE COMPACT

�� 402.100 Short title. ORS 402.105 may be cited as the Emergency Management Assistance Compact. [Formerly 401.041]

�� 402.105 Emergency Management Assistance Compact. The Governor shall participate on behalf of the State of Oregon with other states legally joining in the compact in a form substantially as follows:

EMERGENCY MANAGEMENT

ASSISTANCE COMPACT

Article I - Purposes and Authorities

�� This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this compact, the term �states� is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.

�� The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the Governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

�� This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states� National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

Article II - General Implementation

�� Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

�� The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.

�� On behalf of the Governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

Article III - Party State Responsibilities

�� A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:

�� (1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.

�� (2) Review party states� individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.

�� (3) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

�� (4) Assist in warning communities adjacent to or crossing the state boundaries.

�� (5) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.

�� (6) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

�� (7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

�� B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this compact shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:

�� (1) A description of the emergency service function for which assistance is needed including, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building, inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

�� (2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.

�� (3) The specific place and time for staging of the assisting party�s response and a point of contact at that location.

�� C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.

Article IV - Limitations

�� Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers except that of arrest unless specifically authorized by the receiving state, duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the Governor of the party state that is to receive assistance or upon commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer.

Article V - Licenses and Permits

�� Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting state may prescribe by executive order or otherwise.

Article VI - Liability

�� Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.

Article VII - Supplementary Agreements

�� Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this compact contains elements of a broad base common to all states, and nothing herein shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

Article VIII - Compensation

�� Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

Article IX - Reimbursement

�� Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

Article X - Evacuation

�� Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

Article XI - Implementation

�� A. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.

�� B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the Governor of the withdrawing state has given notice in writing of such withdrawal to the Governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

�� C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.

Article XII - Validity

�� This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

Article XIII - Additional Provisions

�� Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under 18 U.S.C. 1385.

[Formerly 401.043]

OREGON RESOURCE COORDINATION ASSISTANCE AGREEMENT

�� 402.200 Legislative findings. The Legislative Assembly finds that:

�� (1) In order to minimize the impact of an event that overwhelms the resources of the state government or a local or tribal government, one government entity should be able to make resources available to another government entity as quickly as possible.

�� (2) It is appropriate to establish an efficient and permissive intrastate mutual assistance agreement among government entities that will allow government entities maximum flexibility to protect life and property within their jurisdictions. [Formerly 190.155; 2017 c.192 �1]

�� 402.205 Definitions for ORS 402.200 to 402.240. As used in ORS 402.200 to 402.240:

�� (1) �Event� means an incident that overwhelms or may overwhelm the resources of a participant.

�� (2) �Local government� has the meaning given that term in ORS 174.116.

�� (3) �Participant� means the state or a local or tribal government that participates in the Oregon Resource Coordination Assistance Agreement.

�� (4) �Requesting participant� means a participant that requests assistance from other participants.

�� (5) �Resources� means employees, services, equipment and supplies of a responding participant.

�� (6) �Responding participant� means a participant that has responded to a requesting participant by providing resources.

�� (7) �State government� has the meaning given that term in ORS 174.111.

�� (8) �Tribal government� has the meaning given that term in ORS 401.305. [Formerly 190.156; 2017 c.192 �2]

�� 402.210 Oregon Resource Coordination Assistance Agreement; participants. (1) There is created an intrastate mutual assistance agreement called the Oregon Resource Coordination Assistance Agreement.

�� (2)(a) The state government and, except as provided in this subsection, each local government is a participant in the agreement.

�� (b) A local government may opt out of participation in the agreement by adopting a resolution or ordinance so declaring and transmitting a copy of the resolution or ordinance to the Director of the Oregon Department of Emergency Management.

�� (c) An opt-out by a local government under this subsection is effective upon receipt by the director of a copy of the resolution or ordinance.

�� (3)(a) A tribal government is not a participant in the agreement unless it opts in as described in this subsection.

�� (b) A tribal government may opt in to participation in the agreement by adopting a resolution so declaring and transmitting the resolution to the director.

�� (c) An opt-in by a tribal government is effective upon receipt by the director of a copy of the resolution.

�� (4) The agreement streamlines the process by which a participant:

�� (a) Requests assistance from another participant whenever an event occurs; and

�� (b) Temporarily acquires resources from another participant for training, drills or exercises.

�� (5) The agreement does not:

�� (a) Require a participant to provide resources to a requesting participant.

�� (b) Preclude a participant from entering into any other agreement with another participant.

�� (c) Affect any other agreement to which a participant is a party or may become a party.

�� (6) The Oregon Department of Emergency Management shall develop, adopt and disseminate:

�� (a) Guidelines and procedures for requesting and providing assistance under the agreement;

�� (b) Requirements for recordkeeping by participants; and

�� (c) Other procedures and guidelines that the department considers necessary to implement the agreement in an effective and efficient manner. [Formerly 190.158; 2017 c.192 �3; 2021 c.539 �59]

�� 402.215 Request for assistance. (1) A participant may request assistance to:

�� (a) Prevent, mitigate, respond to or recover from an event; or

�� (b) Work on its own or with other participants in training, drills or exercises.

�� (2) A request for assistance must be made by or through the presiding officer of the governing body of a requesting participant or the chief executive officer of the requesting participant, or a designee of the presiding officer or chief executive officer.

�� (3) A request for assistance may be oral or written. If a request is oral, a responding participant must document its response to the requesting participant in writing within 30 days from the date on which the request was made.

�� (4) A response to a request for assistance is voluntary and may be terminated at any time. [Formerly

ORS 401.538

401.538; 2013 c.266 �1; 2021 c.539 �45]

�� 401.902 Private employer earthquake drills; exemptions; rules. (1) A person employing 250 or more full-time employees within this state shall drill employees working in office buildings on emergency procedures so that the employees may respond to an earthquake emergency without confusion or panic.

�� (2) The person shall conduct the drills annually in accordance with Oregon Department of Emergency Management rules.

�� (3) The drills must include familiarization with routes and methods of exiting the building and the earthquake emergency response procedure recommended by the Federal Emergency Management Agency known as �drop, cover and hold on.�

�� (4) Consistent with rules of the department, the person may drill earthquake emergency response procedures in addition to �drop, cover and hold on� when the person determines, based on evaluation of specific engineering and structural issues related to an office building, that �drop, cover and hold on� may not be the most effective earthquake emergency response procedure to prevent or limit injury or loss of life.

�� (5) The department may, by rule or on application, grant exemptions from the drill requirement for good cause. [Formerly 401.543; 2013 c.266 �2; 2021 c.539 �46]

�� 401.904 Rules. The Oregon Department of Emergency Management, in consultation with the State Department of Geology and Mineral Industries, shall adopt rules governing the conduct of earthquake emergency drills required by ORS 401.900 and 401.902. In addition to the Oregon Department of Emergency Management submitting the rules for publication pursuant to ORS 183.360, the departments shall each post the rules on an electronic bulletin board, home page or similar site. [Formerly 401.546; 2021 c.539 �47]

(Seismic Rehabilitation)

�� 401.910 Grant program for seismic rehabilitation of certain facilities; rules. (1) The Oregon Business Development Department shall develop a grant program for the disbursement of funds for the seismic rehabilitation of critical public buildings, including hospital buildings with acute inpatient care facilities, fire stations, police stations, sheriffs� offices, other facilities used by state, county, district or municipal law enforcement agencies and buildings with a capacity of 250 or more persons that are routinely used for student activities by kindergarten through grade 12 public schools, community colleges, education service districts and institutions of higher education, including but not limited to public universities listed in ORS 352.002. The Oregon Infrastructure Finance Authority established in the department by ORS 285A.096 shall administer the grant program developed under this section. The funds for the seismic rehabilitation of critical public buildings under the grant program are to be provided from the issuance of bonds pursuant to the authority provided in Articles XI-M and XI-N of the Oregon Constitution.

�� (2) The grant program shall include the appointment of a grant committee. The grant committee may be composed of any number of persons with qualifications that the authority determines necessary. However, the authority shall include persons with experience in administering state grant programs and representatives of entities with responsibility over critical public buildings. The authority shall also include as permanent members representatives of:

�� (a) The Oregon Department of Emergency Management;

�� (b) The State Department of Geology and Mineral Industries;

�� (c) The Seismic Safety Policy Advisory Commission;

�� (d) The Oregon Department of Administrative Services;

�� (e) The Department of Education;

�� (f) The Oregon Health Authority;

�� (g) The Oregon Fire Chiefs Association;

�� (h) The Oregon Association Chiefs of Police;

�� (i) The Oregon Association of Hospitals and Health Systems; and

�� (j) The Confederation of Oregon School Administrators.

�� (3) The authority shall determine the form and method of applying for grants from the grant program, the eligibility requirements for grant applicants, and general terms and conditions of the grants. The authority shall also provide that the grant committee review grant applications and make a determination of funding based on a scoring system that is directly related to the statewide needs assessment performed by the State Department of Geology and Mineral Industries. Additionally, the grant process may:

�� (a) Require that the grant applicant provide matching funds for completion of any seismic rehabilitation project.

�� (b) Provide authority to the grant committee to waive requirements of the grant program based on special circumstances such as proximity to fault hazards, community value of the structure, emergency functions provided by the structure and storage of hazardous materials.

�� (c) Allow an applicant to appeal any determination of grant funding to the authority for reevaluation.

�� (d) Provide that applicants release the state, the authority and the grant committee from any claims of liability for providing funding for seismic rehabilitation.

�� (e) Provide separate rules for funding rehabilitation of structural and nonstructural building elements.

�� (4) Subject to the grant rules established by the authority and subject to reevaluation by the authority, the grant committee has the responsibility to review and make determinations on grant applications under the grant program established pursuant to this section. [Formerly 401.300; 2011 c.9 �50; 2013 c.782 �1; 2019 c.384 �24; 2021 c.539 �48]

(State Resilience Officer)

�� 401.913 State Resilience Officer; duties; monitoring of resilience planning by legislative and judicial branches. (1) The office of State Resilience Officer is created in the office of the Governor. The office of State Resilience Officer shall direct, implement and coordinate hazard safety and resilience goal setting and state agency planning and preparation to improve hazard safety and resilience, including but not limited to planning and preparation for safety and resilience during and after earthquake, tsunami, wildfire, flooding and other natural or manmade events.

�� (2) The State Resilience Officer shall lead statewide efforts to implement the Oregon Resilience Plan, the Natural Hazard Mitigation Plan and other resilience plans adopted by the state.

�� (3) The State Resilience Officer shall lead executive branch agencies in continuity of operations planning and continuity of government planning.

�� (4) The Governor shall appoint an individual to serve as the State Resilience Officer, subject to confirmation by the Senate pursuant to Article III, section 4, of the Oregon Constitution.

�� (5) The legislative branch of government and the judicial branch of government shall each select an individual to monitor the effectiveness of hazard safety and resilience planning in their branch. [2015 c.762 �1; 2025 c.15 �1]

�� Note: 401.913 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.

(Seismic Safety Policy Advisory Commission)

�� 401.915 Seismic Safety Policy Advisory Commission; members; term. (1) There is established a Seismic Safety Policy Advisory Commission consisting of the following members:

�� (a) The chief officer or the chief officer�s designee of the following:

�� (A) Department of Consumer and Business Services;

�� (B) State Department of Geology and Mineral Industries;

�� (C) Department of Land Conservation and Development;

�� (D) Department of Transportation; and

�� (E) Oregon Department of Emergency Management; and

�� (b) Thirteen members appointed by the Governor as follows:

�� (A) One representative of local government;

�� (B) Six members representing the public interest, including:

�� (i) One representative of a school district, community college or university;

�� (ii) Two members of the Legislative Assembly; and

�� (iii) Three members of the general public; and

�� (C) Six members representing affected industries or stakeholders.

�� (2) The term of office of each member, except a member of the Legislative Assembly, appointed under subsection (1)(b) of this section is four years, but a member serves at the pleasure of the Governor. The term of office of a member of the Legislative Assembly expires at the end of the term for which the member is elected. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. [Formerly

ORS 401.857

401.857]

�� 401.838 [1989 c.1063 �8; 2009 c.203 �29; renumbered 403.345 in 2009]

�� 401.839 [1989 c.1063 �9; 1995 c.79 �206; 1995 c.534 �17; 2009 c.203 �30; renumbered 403.350 in 2009]

�� 401.840 [1955 c.679 �9; repealed by 1980 c.19 �6]

�� 401.841 [1989 c.1063 �10; 2009 c.203 �31; renumbered 403.355 in 2009]

�� 401.842 [1987 c.671 �8; 1989 c.793 �23; 2001 c.104 �139; 2003 c.802 �111; 2009 c.203 �32; renumbered 403.360 in 2009]

�� 401.844 [1995 c.333 �36; 2007 c.783 �180; 2009 c.203 �33; renumbered 403.365 in 2009]

�� 401.845 [1955 c.679 �10; repealed by 1980 c.19 �6]

�� 401.847 [1987 c.671 �9; 1991 c.459 �396; 1995 c.333 �33; 2009 c.203 �34; renumbered 403.370 in 2009]

�� 401.850 [1955 c.679 ��6,7; 1965 c.285 �80; repealed by 1980 c.19 �6]

WILDFIRE

�� 401.851 Wildfire planning and coordination. (1) The Oregon Department of Emergency Management shall update its statewide emergency plan as necessary to prepare for or respond to wildfire emergencies on an area-wide or statewide basis. The plan developed by the department to prepare for or respond to wildfire emergencies shall include, but need not be limited to, wildfire risk mitigation efforts and evacuation planning.

�� (2) The department shall coordinate with cities, counties, adult foster homes, health care facilities and residential facilities, the Department of Human Services and the Oregon Health Authority to establish local or private procedures to prepare for emergencies related to wildfire and ensure that local efforts to prevent, respond to or recover from an emergency caused by wildfire are conducted in a manner consistent with the plan developed by the Oregon Department of Emergency Management to prepare for or respond to wildfire emergencies. The coordinated activities may include, but need not be limited to, providing training, carrying out exercises and promoting community education. [2021 c.592 �17]

�� Note: 401.851 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.

�� 401.852 [1989 c.1063 �11; 2001 c.138 �26; renumbered 403.375 in 2009]

�� 401.855 [1955 c.679 �17; repealed by 1980 c.19 �6]

�� 401.857 [Formerly 401.837; 2009 c.203 �36; renumbered 403.380 in 2009]

�� 401.860 [1955 c.679 �8; repealed by 1980 c.19 �6]

�� 401.861 [2005 c.819 �1; renumbered 401.950 in 2009]

�� 401.863 [2005 c.819 �2; renumbered 401.952 in 2009]

�� 401.864 [2005 c.819 �4; renumbered 401.955 in 2009]

�� 401.865 [1955 c.679 �12; 1967 c.335 �48; 1967 c.637 ��9,9a; repealed by 1980 c.19 �6]

�� 401.870 [1955 c.679 �15; repealed by 1980 c.19 �6]

�� 401.871 [2005 c.825 �3; 2007 c.740 �34; 2009 c.454 �1; 2009 c.595 �232; renumbered 403.450 in 2009]

�� 401.872 [2005 c.825 �4; 2007 c.740 �35; renumbered 403.455 in 2009]

�� 401.874 [2005 c.825 �5; 2007 c.740 �36; renumbered 403.460 in 2009]

�� 401.875 [1955 c.679 �21; repealed by 1980 c.19 �6]

�� 401.880 [1955 c.679 �19; repealed by 1980 c.19 �6]

�� 401.881 [2005 c.825 �8; renumbered 401.109 in 2009]

�� 401.885 [1955 c.679 �16; repealed by 1980 c.19 �6]

�� 401.890 [1955 c.679 �14; repealed by 1980 c.19 �6]

EARTHQUAKES

(Drills)

�� 401.900 State and local agency earthquake drills; rules. (1) Each state or local agency shall drill agency employees working in office buildings on emergency procedures so that the employees may respond to an earthquake emergency without confusion or panic.

�� (2) The state or local agency shall conduct the drills annually in accordance with Oregon Department of Emergency Management rules.

�� (4) Consistent with rules of the department, the state or local agency may drill earthquake emergency response procedures in addition to �drop, cover and hold on� when the state or local agency determines, based on evaluation of specific engineering and structural issues related to an office building, that �drop, cover and hold on� may not be the most effective earthquake emergency response procedure to prevent or limit injury or loss of life.

�� (5) The department may, by rule or on application, grant exemptions from the drill requirement for good cause.

�� (6) As used in this section, �state or local agency� means a state or local office, department, division, bureau, board or commission that is assigned, renting, leasing, owning or controlling office space for carrying out its duties. �State or local agency� includes the Legislative Assembly when in regular session. [Formerly

ORS 403.250

403.250.

�� (n) Law enforcement services.

�� (o) Human services.

�� (p) Cemetery maintenance.

�� (q) Animal control.

�� (2) Within the geographical jurisdiction of any local government boundary commission established by or pursuant to ORS 199.410 to 199.519, in addition to the purposes described in subsection (1) of this section, master plans and service districts may be established as provided by this chapter regarding:

�� (a) Fire prevention and protection.

�� (b) Hospital and ambulance services.

�� (c) Vector control.

�� (d) Weather modification.

�� (3) Within the boundaries of any subdivision, service districts may be established as provided by this chapter regarding:

�� (a) Fire prevention and protection.

�� (b) Security services provided by contract with an association of homeowners whose property is located entirely within the boundaries of the service district, which services may include the enforcement of the rules or regulations of the association dealing with public access to or the use of the property of the association, routine patrolling and inspection of private areas located within the jurisdiction of the association and matters of traffic and safety within such areas.

�� (c) Law enforcement services.

�� (d) Hospital and ambulance services.

�� (e) Vector control.

�� (f) Activities set forth in subsection (1)(a), (f), (g), (j) and (m) of this section.

�� (4) As used in subsection (3) of this section, �subdivision� means a subdivision as defined by ORS 92.010 or any contiguous group of such subdivisions that:

�� (a) Is a planned community within the meaning of ORS 94.550 without regard to whether such subdivision or group of subdivisions is subject to ORS 94.550 to 94.783;

�� (b) Is located entirely within an unincorporated area and is everywhere separated by a distance of five miles or more from an urban growth boundary described in an acknowledged comprehensive plan of a city or the urban growth boundary adopted by a metropolitan service district under ORS 268.390 (3); and

�� (c) Prior to the establishment of a service district under subsection (3) of this section, is designated a subdivision for purposes of this subsection by the governing body of the county in which the subdivision or group of subdivisions is located.

�� (5) Within the boundaries of Washington County, master plans and service districts may be established as provided by this chapter regarding water resource management services that affect the quality and quantity of water within a single watershed, basin or planning area. As used in this subsection, �water resource management services� means:

�� (a) Planning for and provision of two or more services or facilities such as sewage works, drainage works, surface water management, endangered species recovery management, water quality management, diking and flood control works, river flow management, water supply works, wastewater reuse and irrigation facilities.

�� (b) Activities ancillary to the services and facilities listed in paragraph (a) of this subsection, including facilities for the production, sale or purchase of energy when such facilities are integrated in a master plan adopted under ORS 451.120. [1963 c.515 �2; 1965 c.246 �1; 1967 c.538 �1; 1971 c.674 �1; 1971 c.687 �1; 1973 c.211 �1; 1973 c.785 �1; 1975 c.630 �1; 1977 c.60 �1; 1977 c.287 �1; 1979 c.221 �1; 1985 c.472 �1; 1987 c.525 �1; 1989 c.668 �1; 1989 c.793 �24; 1995 c.303 �2; 1999 c.166 �1; 1999 c.677 �66; 1999 c.759 �1; 2005 c.101 �1; 2005 c.510 �1; 2015 c.247 �34]

MASTER PLANS

�� 451.110 Definitions for ORS 451.110 to 451.140. As used in ORS 451.110 to 451.140, unless the context indicates otherwise:

�� (1) �County court� includes the board of county commissioners.

�� (2) �Service facilities� means public service installations, works or services provided within a county for any or all of the purposes specified in ORS 451.010. [1955 c.509 �1; 1963 c.515 �3; 1967 c.249 �1; 1973 c.785 �2]

�� 451.120 Master plans for development of service facilities. (1) The county court of any county may, for the protection of the health, safety and general welfare, prepare and adopt coordinated master plans for the development of service facilities:

�� (a) To serve unincorporated areas in the county; and

�� (b) For a service district established under ORS 451.410 to 451.600 and for which the county court serves as governing body, to serve all areas within or served by the district.

�� (2) Master plans adopted under this section shall be coordinated with the comprehensive plans of the affected cities and counties. [1955 c.509 �2; 1961 c.576 �1; 1963 c.515 �4; 1973 c.785 �3; 1989 c.429 �1]

�� 451.130 Conformity to master plan; approval. After a coordinated master plan has been adopted under ORS 451.120, the county court may enforce such plan by requiring that plans for the installation or operation of service facilities in areas under county jurisdiction outside the boundaries of cities or in areas within or served by a service district be submitted to the county court for approval, and that such installation or operation shall conform to the master plan. [1955 c.509 �3; 1961 c.576 �2; 1963 c.515 �5; 1969 c.646 �1; 1989 c.429 �2]

�� 451.140 Powers of county court under ORS 451.110 to 451.140. In carrying out the powers granted to the county court under ORS 451.110 to 451.140, the county court may:

�� (1) Conduct such surveys and investigations as may be necessary to develop coordinated master plans as provided in ORS 451.120.

�� (2) Provide for the administration and enforcement of such master plans by engineering analysis, inspection or other appropriate means.

�� (3) Enter into contracts or agreements with cities, other counties or county service districts for public transportation, the federal government, state agencies, the special districts enumerated in ORS 451.573 or any person or private corporation for a period not to exceed 30 years for the cooperative financing of the preparation and enforcement of coordinated master plans as provided in ORS 451.120 and

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 412.161

412.161 and 412.991 and ORS chapters 418 and 657, other programs under the federal Workforce Innovation and Opportunity Act and other mandatory programs under this state�s one-stop service delivery system.

�� (d) Necessary for program staff work or studies of a statistical or demographic nature.

�� (e) Necessary to carry out the planning and coordinating functions between state and local agencies under the federal Workforce Innovation and Opportunity Act, other applicable state laws or those functions assigned by the Education and Workforce Policy Advisor. [Formerly 285A.446; 2015 c.366 �60; 2017 c.185 �34; 2017 c.297 �12]

�� 660.340 Oregon Employer Workforce Training Program; rules. (1) There is created in the Higher Education Coordinating Commission the Oregon Employer Workforce Training Program. Subject to the availability of funding, and in consultation with the State Workforce and Talent Development Board, the commission shall operate, and local workforce development boards shall manage, the program for the purpose of:

�� (a) Assisting businesses and consortia of businesses in implementing projects that identify and provide cost-effective solutions to the issues of employee training, retention and advancement;

�� (b) Maximizing the utilization of public and private resources for providing training to employed persons in skills that are responsive to the need of businesses and industries in Oregon to become and to remain competitive on the national and international level; and

�� (c) Responding to the need of workers in Oregon to develop current job skills necessary to meet the current and future needs of employers.

�� (2)(a) Businesses in industries identified in the plans developed by local workforce development boards as required by ORS 660.327 are eligible to participate in projects selected for participation in the program.

�� (b) Priority for approval of projects submitted under this subsection shall be given to businesses in industries that have the greatest impact on the local economy and emerging green jobs.

�� (3) Local workforce development boards shall:

�� (a) Identify businesses and consortia of businesses for potential participation in the program;

�� (b) Develop and implement an application process for projects proposed for the program;

�� (c) Notwithstanding the provisions of the Public Contracting Code, use an open and competitive procurement process for agreements entered into with participants in the program;

�� (d) Require that businesses participating in a project provide private sector funding equal to the amount of state funding provided for the project; and

�� (e) Track and report to the commission the outcomes of projects implemented in the local workforce development area, including, but not limited to:

�� (A) The number of businesses participating in approved projects;

�� (B) The number and types of projects completed;

�� (C) The number of employees receiving training;

�� (D) The number of jobs retained or created by the businesses participating in the project; and

�� (E) The value of the private sector funding provided.

�� (4) The commission shall adopt rules necessary for the implementation and operation of the program created under subsection (1) of this section. The rules shall include, but are not limited to, a process by which moneys may be appropriated and allocated to the local workforce development boards to support projects identified by the local workforce development boards under subsection (3) of this section. [2011 c.702 �2; 2013 c.747 �172; 2015 c.366 �61; 2017 c.185 �35; 2017 c.297 �13]

�� 660.341 Oregon Employer Workforce Training Fund. The Oregon Employer Workforce Training Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Employer Workforce Training Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Higher Education Coordinating Commission for the purposes of ORS 660.340. [2011 c.702 �3; 2015 c.366 �62]

�� 660.342 [2003 c.149 �1; renumbered 660.334 in 2009]

�� 660.343 Oregon National Career Readiness Certification Program; rules; annual report. (1) There is created in the Higher Education Coordinating Commission the Oregon National Career Readiness Certification Program to certify the workplace and college readiness skills of Oregonians and to better prepare Oregonians for continued education and workforce training, successful employment and career advancement in a demand-driven, skills-based economy.

�� (2) Program services may be offered through public high schools, community colleges, local and regional career centers and any other institutions determined to be appropriate by the commission to residents of Oregon and to employees of businesses located in Oregon.

�� (3) Services provided by the program shall include, but are not limited to:

�� (a) An assessment process that identifies the proficiency level of program participants in work-ready skills including, but not limited to, reading, applied mathematics, locating information and any additional skills determined by the commission to be necessary to meet business and industry skill demands;

�� (b) Targeted instruction and remedial skills training to provide work-ready skills in which program participants are not proficient, as determined by the assessment process described in paragraph (a) of this subsection, and that have been identified by the commission as work-ready skills required by local employers;

�� (c) Issuance of a National Career Readiness Certificate to program participants who demonstrate proficiency in work-ready skills, as determined by the assessment process described in paragraph (a) of this subsection, and who satisfy any other requirements for certification adopted by the commission by rule;

�� (d) Providing information to school districts, community colleges and community college service districts about the National Career Readiness Certificate and the assessments, targeted instruction and remedial skills training available through the program; and

�� (e) An online database that:

�� (A) Serves as the repository for National Career Readiness Certificate attainment data.

�� (B) Provides online access to program data that enables employers to determine the work skill proficiency level of individual program participants and to locate certified individuals on a statewide or regional basis.

�� (C) Provides individual program participants the opportunity for career exploration, continuing education, job readiness practice and job searches.

�� (D) Provides individual program participants the opportunity to opt out of the database in accordance with rules adopted by the commission.

�� (4) The commission, after consultation with the State Workforce and Talent Development Board and the Department of Education, shall adopt rules for the implementation and administration of the program created under subsection (1) of this section.

�� (5) By September 1 of each year, school districts, community colleges and community college service districts shall report to the commission the rate of participation in and the total number of students enrolled in the district or community college who utilized the services provided by the program in the most recently concluded school year.

�� (6) The commission shall submit a report on program outcomes and recommendations for improving and funding the program to the appropriate interim legislative committees and to the Governor by January 1 of each year. The report shall include a summary of the information required under subsection (5) of this section. [2009 c.836 �2; 2011 c.148 �1; 2013 c.747 �192; 2015 c.366 �63; 2017 c.185 �36; 2017 c.297 �14; 2021 c.100 �15]

�� 660.346 Integrated workforce delivery system; occupational prioritization; rules. (1)(a) The Higher Education Coordinating Commission, in collaboration with the Employment Department and the State Workforce and Talent Development Board, shall develop and implement a demand-driven, skills-based integrated workforce delivery system focused on skills and talent development.

�� (b) The integrated workforce delivery system implemented under paragraph (a) of this subsection must include, and the commission shall maintain, a workforce training inventory of prioritized occupations.

�� (c) The commission shall prioritize recommendations for the allocation of workforce training resources by the integrated workforce delivery system based on occupational prioritization data developed by the Employment Department.

�� (2) The commission shall adopt rules necessary for the implementation and administration of the integrated workforce delivery system developed under subsection (1) of this section. [2009 c.836 �3; 2015 c.366 �64; 2017 c.185 �37; 2017 c.297 �15]

�� 660.347 Committee for Continuous Improvement. The State Workforce and Talent Development Board shall, in consultation with state workforce agencies and local workforce development boards, establish the Committee for Continuous Improvement to assess the effectiveness of the public workforce development system in this state. The State Workforce and Talent Development Board and local workforce development boards shall jointly appoint members to the committee. [2021 c.280 �2]

�� 660.348 Comprehensive assessment of public workforce system. (1) Once every even-numbered year, the Committee for Continuous Improvement established under ORS 660.347 shall identify and contract with an independent third-party entity to conduct a comprehensive assessment of the public workforce system in this state and to make recommendations for improvements.

�� (2) The comprehensive assessment shall include a review of the workforce programs and services administered by the following entities through the public workforce system:

�� (a) The Higher Education Coordinating Commission;

�� (b) Local workforce development boards;

�� (c) The Employment Department;

�� (d) The Commission for the Blind;

�� (e) The Department of Human Services;

�� (f) The Housing and Community Services Department; and

�� (g) Any other entities deemed appropriate by the committee.

�� (3) The comprehensive assessment shall be conducted with a focus on:

�� (a) Advancing racial justice, equity, diversity and inclusion through the programs and services delivered through the public workforce system;

�� (b) Aligning state and local efforts to improve the public workforce system in this state;

�� (c) Supporting improvements that create a more comprehensive public workforce system;

�� (d) Providing quality employment experiences and equitable outcomes for job seekers and businesses participating in workforce programs;

�� (e) Improving the quality of workforce resources, programs and services made available through the public workforce system and the transparency of information regarding performance metrics and outcomes related to those resources, programs and services; and

�� (f) Building on any current workforce program assessments that are required by law.

�� (4)(a) The committee shall present the results of each assessment, along with any recommendations for improvements, in reports to the Governor and to the interim committees of the Legislative Assembly related to workforce development, in the manner provided under ORS 192.245, on or before December 15 of each even-numbered year.

�� (b) The committee shall include in the committee�s first report, an update regarding the implementation of the recommendations from the assessment of the public workforce system conducted under section 3, chapter 280, Oregon Laws 2021. [2021 c.280 �4]

(Workforce Development Activities for Youth and Young Adults)

�� 660.349 Grant program for collaborative pilot projects providing high school students experience and education in architecture, construction trades and engineering; rules. (1)(a) There is created in the Higher Education Coordinating Commission a program to make grants to pilot projects to promote hands-on experience and education in the fundamentals and core competencies in architecture, construction trades and engineering for high school juniors and seniors.

�� (b) Pilot projects funded by the program created under this subsection shall be based on collaborative efforts between local school districts, community colleges, business organizations and labor organizations that provide participants the opportunity for education and training in skills required to meet the workforce development needs of local, regional and statewide employers.

�� (c) The commission may apply for and receive grants and gifts from public and private sources to fund grants provided under this section.

�� (2) The program created under subsection (1) of this section for making grants to pilot projects shall ensure that:

�� (a) Local communities are informed about the availability of the grants;

�� (b) The pilot projects are geographically distributed throughout Oregon;

�� (c) Urban and rural participants have equal opportunity to access quality educational opportunities;

�� (d) Representatives of related, ongoing community efforts assist in the implementation of architecture, construction trades and engineering education and training; and

�� (e) The program and timelines are designed to minimize barriers to receiving funds.

�� (3) When considering applications for grants, the program shall give priority to pilot projects that:

�� (a) Provide access for high school juniors and seniors to architecture, construction trades and engineering education and training through the efforts of local and regional career centers and public-private consortia;

�� (b) In combination with other projects receiving funds, contribute to architecture, construction trades and engineering education and training opportunities in every part of the state;

�� (c) Use private and federal funds;

�� (d) Facilitate sharing of resources through public-private partnerships including collaboration among local school districts, community colleges, business organizations and labor organizations;

�� (e) Have a long-term strategic plan and lack only the necessary financial resources;

�� (f) Help students connect education and training with career planning and job opportunities through local and regional career centers implemented under the federal Workforce Innovation and Opportunity Act;

�� (g) Provide articulated secondary and post-secondary education programs that are designed to lead to a degree or industry-specific skills certification; and

�� (h) Establish short-term training programs that meet the immediate needs of local and regional employers.

�� (4)(a) The commission shall include in the program created under subsection (1) of this section a process for the certification of instructors for the program to provide education and practical experience in architecture, construction trades and engineering.

�� (b) The commission shall adopt by rule requirements for the certification of instructors described in paragraph (a) of this subsection.

�� (c) Notwithstanding the requirements adopted under paragraph (b) of this subsection, a person qualified to serve as an instructor in a state-recognized apprenticeship program is qualified for certification as an instructor for projects implemented under this section. [2009 c.836 �4; 2015 c.366 �65; 2017 c.185 �38; 2017 c.297 �16; 2021 c.100 �2]

�� 660.350 [2022 c.28 �8; renumbered 660.445 in 2025]

�� 660.351 [2022 c.28 �7; renumbered 660.448 in 2025]

�� 660.352 Youth Employment Enhancement Fund. The Youth Employment Enhancement Fund is established in the State Treasury, separate and distinct from the General Fund. Moneys in the Youth Employment Enhancement Fund are continuously appropriated to the Higher Education Coordinating Commission for the purposes of ORS 660.349. [2009 c.836 �5; 2015 c.366 �66]

�� 660.353 Oregon Youth Employment Program; rules. (1)(a) There is created in the Higher Education Coordinating Commission the Oregon Youth Employment Program, which shall operate subject to the availability of funds, including eligible federal funds, for the purpose of providing meaningful work experience and workforce training for persons between the ages of 14 and 24.

�� (b) The commission shall, pursuant to criteria established by the commission, and after allocating a portion of program funds to the Oregon Youth Corps described in ORS 660.453, provide grants to local workforce development boards. The commission shall award grants in a manner that ensures no less than 20 percent of program funds are available to organizations with direct experience serving communities of color.

�� (2) The program shall:

�� (a) Ensure that at least 75 percent of program participants are from communities of color, rural communities, communities that have faced generational poverty or other communities that have been historically underrepresented in youth employment as identified by the commission by rule;

�� (b) Create an individual development plan for each program participant that outlines work readiness, career and educational goals;

�� (c) Provide work readiness instruction;

�� (d) Provide at least five weeks of paid internships, preapprenticeships or other work experience;

�� (e) Pay at least minimum wage for work performed by program participants while in the program, or, if a program participant is prohibited by other state or federal law or agreement from receiving wages from the program provider, provide an award valued at an amount equal to at least the payment of minimum wage;

�� (f) Provide academic support for earning high school graduation credit, completion of approved high school equivalency programs such as the General Educational Development (GED) certificate program or earning college credit for work experience or internships provided through the program;

�� (g) Expose program participants to in-demand occupations and targeted sectors;

�� (h) Require program providers to submit a community engagement plan that details how the program providers will partner with and serve communities identified in paragraph (a) of this subsection; and

�� (i) Require program providers to offer English language learner and accessibility services that are compliant with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

�� (3) The program may provide for public and private sector employment opportunities.

�� (4)(a) The commission shall collect data on the program, identify successful work experiences and allow for the identification and dissemination of the most promising practices.

�� (b) The data collected shall be disaggregated by:

�� (A) The race and ethnicity of program participants;

�� (B) Whether program participants come from urban or rural areas;

�� (C) The family income of program participants; and

�� (D) Any other characteristic of program participants that the commission determines by rule would be useful in evaluating the success of the program.

�� (c) The data collected shall include:

�� (A) The number of participants in the program;

�� (B) The number of participants that complete the program;

�� (C) The cost of internships and other work experiences provided;

�� (D) The academic credit earned by participants; and

�� (E) The number of certificates for passing approved high school equivalency tests such as the General Educational Development (GED) test earned by participants.

�� (5) The commission shall conduct culturally responsive outreach and engagement and offer technical assistance to prospective program providers.

�� (6) In a manner determined by the commission by rule, the commission shall assist identified program providers in recruiting program participants across diverse communities by providing:

�� (a) Translation and accessibility services for marketing materials; and

�� (b) Training to program providers in culturally responsive, social emotional health and mental health practices.

�� (7) The commission shall adopt rules necessary for the implementation and operation of the program created under subsection (1) of this section. The rules shall include, but are not limited to, establishing eligibility criteria for persons participating in the program. [2011 c.702 �4; 2015 c.366 �67; 2017 c.66 �25; 2017 c.185 �39; 2017 c.297 �17; 2021 c.674 �1]

�� 660.354 Oregon Youth Employment Fund. The Oregon Youth Employment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Youth Employment Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Higher Education Coordinating Commission for the purposes of ORS 660.353. [2011 c.702 �5; 2015 c.366 �68]

(Development of Green Jobs)

�� 660.355 Definitions for ORS 660.355 to 660.364. As used in ORS 660.355 to 660.364:

�� (1) �Green job� means a job that provides a service or produces a product that:

�� (a) Increases energy efficiency;

�� (b) Produces renewable energy;

�� (c) Prevents, reduces or mitigates environmental degradation;

�� (d) Cleans up and restores the natural environment; or

�� (e) Provides education, consultation, policy promotion, accreditation, trading and offsets or similar supporting services for any of the activities identified in this subsection.

�� (2) �Targeted population� means:

�� (a) Entry level or similar workers in high demand green job careers who are in or preparing for high wage green jobs;

�� (b) Dislocated workers in declining industries who are in or are seeking training for high wage green jobs;

�� (c) Dislocated workers in the forest products, agricultural or energy sectors who are in or are seeking training for high wage green jobs;

�� (d) Veterans who are residents of Oregon or members of the Oregon National Guard; or

�� (e) Members of disadvantaged groups. [2009 c.887 �2; 2011 c.452 �1]

�� 660.358 Green jobs growth initiative plan. (1) The State Workforce and Talent Development Board, in consultation with the Governor, the Education and Workforce Policy Advisor and other parties deemed appropriate by the board and after consideration of the clean energy and energy efficiency policies of this state, shall develop a plan for a green jobs growth initiative to promote the development of emerging technologies and innovations that lead to, create or sustain family wage green jobs.

�� (2) The plan for the initiative developed by the board shall:

�� (a) Identify industries that are high demand green industries based on current and projected creation of family wage green jobs and the potential for career pathways created for such jobs.

�� (b) Use the needs of identified high demand green industries as the basis for the planning of workforce development activities that promote the development of emerging green technologies and innovations. These activities include, but are not limited to, such efforts undertaken by community colleges, public universities listed in ORS 352.002, designated signature research centers, registered apprenticeship programs and other private sector training programs.

�� (c) Leverage and align existing public workforce development programs and other public and private resources to the goal of recruiting, supporting, educating and training of targeted populations of workers.

�� (d) Require the board to work collaboratively with stakeholders from business, labor and low income advocacy groups in the regional economy to develop and implement the initiative.

�� (e) Link adult basic and remedial education programs with job training for skills necessary for green jobs.

�� (f) Require the board to collaborate with employers and labor organizations to identify skills and competencies necessary for green job career pathways.

�� (g) Ensure that support services are integrated with education and training for green jobs and that such services are provided by organizations with direct access to and experience with targeted populations.

�� (h) Include an analysis of occupations in the forest products industry to:

�� (A) Determine key growth factors and employment projections for green jobs in the forest products industry; and

�� (B) Define the educational and skill standards required for current and emerging green occupations in the forest products industry.

�� (3) Based on the analysis conducted under subsection (2)(h) of this section, the State Workforce and Talent Development Board, in consultation with the Education and Workforce Policy Advisor, shall identify those forest products industries to be classified as high-demand green industries, taking into consideration current and future job creation and the strategic importance of the development of high-demand green forest products industry jobs to the development and growth of the state�s green economy.

�� (4) As used in this section, �forest products industry� includes, but is not limited to, businesses that grow, manage, harvest, transport or process forest, wood and paper products. [2009 c.887 �3; 2011 c.452 �2; 2011 c.637 �282; 2013 c.768 �149; 2017 c.185 �40; 2017 c.297 �18]

�� 660.361 Green jobs and green economy terminology. The State Workforce and Talent Development Board, in consultation with state agencies, boards, commissions and private entities deemed appropriate by the State Workforce and Talent Development Board shall develop a list of defined terms related to green jobs and the green economy that are consistent with current workforce development and economic development terminology. [2009 c.887 �4; 2017 c.185 �41; 2017 c.297 �19]

�� 660.364 Financial incentives and comprehensive strategies to promote green economy and green technology and innovation. The Oregon Business Development Department, in consultation with the State Workforce and Talent Development Board, shall:

�� (1) Develop criteria for existing investments and new or expanded financial incentives and comprehensive strategies to recruit, retain and expand green economy industries, including but not limited to forest products industries as defined in ORS 660.358, and small businesses.

�� (2) Make recommendations for new or expanded financial incentives and comprehensive strategies to stimulate research and development of green technology and innovation. [2009 c.887 �6; 2011 c.452 �3; 2017 c.185 �42; 2017 c.297 �20]

�� 660.367 Legislative findings. The Legislative Assembly finds that the development of green jobs is essential to the economic well-being of Oregonians and encourages the Governor to support clean technology and efforts to prepare workers for employment in green jobs. [2009 c.887 �8]

�� Note: 660.367 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 660 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 660.370 Payment of costs. The payment of costs associated with ORS 660.355 to 660.364 is the responsibility of the Office of the Governor and those costs shall be paid from moneys available for disbursement at the direction of the Governor. [2009 c.887 �7]

�� Note: 660.370 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 660 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Targeted Investments in Workforce Training and Education)

�� 660.380 Prosperity 10,000 Program; requirements for local workforce development boards; wage standards for program participants; incorporation into SNAP Employment and Training Program. (1) The Prosperity 10,000 Program is established in the Higher Education Coordinating Commission for the following purposes:

�� (a) To provide career coaching, occupational training and job placement services;

�� (b) To provide wraparound supports and services that are necessary to facilitate reengagement in the workforce, including, but not limited to, transportation, child care and rental assistance;

�� (c) To provide paid work experiences, including stipends and wages and other income supports for individuals from priority populations; and

�� (d) To support targeted recruitment and engagement efforts.

�� (2) The goals of the Prosperity 10,000 Program are to:

�� (a) Include at least 10,000 total individuals who participate in the program;

�� (b) Improve the capacity and responsiveness of the public workforce system in this state by providing assistance for workforce development program navigation, expanding access to community-based career counseling and wraparound supports and services, and providing opportunities to earn industry-recognized certificates, credentials and degrees through work-based learning experiences;

�� (c) Ensure that services and benefits available through workforce programs are provided to individuals from priority populations;

�� (d) Provide increased access for priority populations to services and benefits available through workforce programs;

�� (e) Ensure that at least 50 percent of the individuals who participate in the program are women;

�� (f) Ensure that at least 80 percent of the individuals who participate successfully complete the program;

�� (g) Ensure that at least 75 percent of the individuals who participate in the program successfully obtain employment; and

�� (h) Ensure that at least 75 percent of the individuals who participate in the program earn at least $17 per hour.

�� (3)(a) The Prosperity 10,000 Program shall be administered by local workforce development boards. The local workforce development boards shall:

�� (A) Distribute resources and available funds to nonprofit community-based organizations, educational institutions, labor organizations and other workforce service providers to facilitate the provision of workforce development services and wraparound supports to individuals who participate in the program;

�� (B) Coordinate with state workforce agencies and other workforce partners to expand regional community-based partnerships that work to support and sustain workforce development services and wraparound supports; and

�� (C) Connect with businesses and organizations in targeted industry sectors to identify training needs and ensure that business needs relating to a skilled workforce are met.

�� (b) An entity that collaborates with a local workforce development board to accomplish the workforce development activities described under this subsection shall, in accordance with ORS 660.327, participate with local workforce development boards in developing a proposed local plan.

�� (4)(a) If an entity receives funds distributed from a local workforce development board under this section and provides paid work experience to individuals who participate in the program established under this section, the entity shall:

�� (A) Notwithstanding ORS 653.025 and subsection (2)(h) of this section, pay wages to individuals participating in the program at a rate that is:

�� (i) Equivalent to an entry-level training wage as determined by the entity pursuant to paragraph (b) of this subsection; and

�� (ii) In alignment with the wage progression schedule established by the entity under subparagraph (B) of this paragraph;

�� (B) Establish a wage progression schedule that includes the step progression requirements and the rate calculation formula upon which the entity shall make determinations about a participating individual�s eligibility to increase the individual�s wage rate from an entry-level training wage to a wage rate that is equivalent to the average area wage standard for an hour�s work in the same trade or occupation in the locality where the labor is performed;

�� (C) Develop a training plan for individuals participating in the program that includes, at a minimum:

�� (i) The entry-level training wage that will be paid to the individual;

�� (ii) A statement that the individual shall be paid according to the wage progression schedule established by the entity, along with a description of the requirements that the individual must meet in order to progress to a higher wage rate under the wage progression schedule;

�� (iii) A statement that the entry-level training wage paid to the individual may not be less than the federal minimum wage rate or the applicable state minimum wage rate, whichever is greater; and

�� (iv) A statement explaining that the entry-level training wage paid to the individual is a minimum standard and that a higher wage rate shall be paid to the individual if so required under other applicable federal or state laws, regulations or a collective bargaining agreement; and

�� (D) Provide each individual participating in the program with a copy of the training plan described in subparagraph (C) of this paragraph on the date on which the individual first begins participating in the program.

�� (b) For purposes of paragraph (a)(A) of this subsection, the entry-level training wage shall be a percentage amount of the average area wage standard for an hour�s work in the same trade or occupation in the locality where the labor is performed, but in no event may the entry-level training wage be less than the applicable state minimum wage rate under ORS 653.025.

�� (c) Each individual who performs work for an entity described in this subsection shall be considered an employee of the entity for purposes of state wage and hour laws and state laws prohibiting employment discrimination and retaliation.

�� (5)(a) As used in this subsection, �SNAP Employment and Training Program� means the employment and training component of the federal Supplemental Nutrition Assistance Program under 7 U.S.C. 2015(d)(4).

�� (b) To the extent possible, the Department of Human Services shall:

�� (A) Incorporate the Prosperity 10,000 Program into the statewide plan for the SNAP Employment and Training Program;

�� (B) Seek federal reimbursement for 50 percent of the Prosperity 10,000 Program�s costs and for other eligible activities as reported by the local workforce development boards;

�� (C) Refer individuals who receive supplemental nutrition assistance under ORS 411.806 to

ORS 419B.010

419B.010 and 419B.015, for all reports of suspected abuse.

�� (2) The licensed administrator who receives a report under subsection (1) of this section shall follow the procedures required by the policies adopted by the school board under ORS 339.372, including:

�� (a) Notifying the Teacher Standards and Practices Commission as soon as possible of any reports of suspected sexual conduct that may have been committed by a person who is a commission licensee; and

�� (b) Notifying the Department of Education as soon as possible of any reports of suspected sexual conduct that may have been committed by a person who is not a commission licensee.

�� (3)(a) When a licensed administrator receives a report of suspected abuse or suspected sexual conduct by a school employee and there is reasonable cause to support the report, the education provider shall:

�� (A) Place the school employee on paid administrative leave; and

�� (B) Take necessary actions to ensure the student�s safety.

�� (b) A school employee who is placed on paid administrative leave under paragraph (a) of this subsection shall remain on administrative leave until:

�� (A) For a report of suspected abuse, a law enforcement agency or the Department of Human Services determines that the report:

�� (i) Is substantiated and the education provider takes the appropriate employment action against the school employee; or

�� (ii) Cannot be substantiated or is not a report of abuse and the education provider:

�� (I) Determines that an employment policy has been violated and takes appropriate employment action against the school employee; or

�� (II) Determines that an employment policy has not been violated and employment action against the school employee is not required.

�� (B) For a report of suspected sexual conduct, the Teacher Standards and Practices Commission or the Department of Education determines that the report:

�� (i) Is substantiated and the education provider takes the appropriate employment action against the school employee; or

�� (ii) Cannot be substantiated or is not a report of sexual conduct and the education provider:

�� (I) Determines that an employment policy has been violated and takes appropriate employment action against the school employee; or

�� (II) Determines that an employment policy has not been violated and that employment action against the school employee is not required.

�� (c) When a school employee is placed on paid administrative leave under paragraph (a) of this subsection, the education provider may not require the school employee to use any accrued leave during the paid administrative leave.

�� (4)(a) Except as provided in paragraph (c) of this subsection, when a licensed administrator receives a report of suspected abuse or suspected sexual conduct by a contractor, an agent or a volunteer, the education provider:

�� (A) May immediately prohibit the contractor, agent or volunteer from providing services to the education provider.

�� (B) Shall prohibit the contractor, agent or volunteer from providing services to the education provider if the education provider determines that there is reasonable cause to support a report of abuse or sexual conduct.

�� (b) Except as provided in paragraph (c) of this subsection, an education provider is not required to reinstate a contractor, an agent or a volunteer. Any reinstatement of a contractor, an agent or a volunteer that does occur may not occur until:

�� (A) For a report of suspected abuse, a law enforcement agency or the Department of Human Services determines that the report:

�� (i) Is substantiated and the education provider takes the appropriate actions to protect students; or

�� (ii) Cannot be substantiated or is not a report of abuse and the education provider:

�� (I) Takes the appropriate actions to protect students; or

�� (II) Determines that no other actions are required to protect students.

�� (B) For a report of suspected sexual conduct, the Teacher Standards and Practices Commission or the Department of Education determines that the report:

�� (i) Is substantiated and the education provider takes the appropriate actions to protect students; or

�� (ii) Cannot be substantiated or is not a report of sexual conduct and the education provider:

�� (I) Takes the appropriate actions to protect students; or

�� (II) Determines that no other actions are required to protect students.

�� (c) If a contract under which a contractor provides services to an education provider or an agreement under which an agent provides services to an education provider sets forth any negotiated standards for the relationship between the contractor or agent and the education provider, the education provider shall comply with those standards but may not in any instance grant the contractor or agent more rights than granted to a school employee under subsection (3) of this section.

�� (d) Nothing in this subsection:

�� (A) Establishes an employment relationship between an education provider and a contractor or an agent; or

�� (B) Confers onto a contractor or an agent any rights of employment.

�� (5)(a) When a report of suspected abuse or suspected sexual conduct is investigated by a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education, an education provider may use the findings of the entity that conducted the investigation for the purpose of subsection (3) or (4) of this section and for making any determinations described in subsection (6) of this section.

�� (b) Nothing in this subsection prohibits an education provider from:

�� (A) Conducting an investigation related to a report of suspected abuse or suspected sexual conduct, except that the education provider must:

�� (i) If requested, allow the investigation to be led by an entity identified in paragraph (a) of this subsection, as applicable;

�� (ii) Follow any protocols and procedures of entities identified in paragraph (a) of this subsection that are involved in the investigation; and

�� (iii) Cooperate with the entities identified in paragraph (a) of this subsection that are involved in the investigation, including by:

�� (I) Suspending any investigations of the education provider at the request of the entity; and

�� (II) Sharing information with the entity as provided by subsection (10) of this section.

�� (B) Taking an employment action, based on information available to the education provider, before an investigation conducted by an entity identified in paragraph (a) of this subsection is completed.

�� (6)(a) For each report of suspected abuse or suspected sexual conduct by a school employee, an education provider must determine if:

�� (A) An employment policy of the education provider was violated; and

�� (B) The education provider will take any employment actions, including disciplinary action against the school employee or changes to the employment relationship or duties of the school employee.

�� (b) Determinations made under paragraph (a) of this subsection must be based on the findings of an investigation conducted by:

�� (A) A law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education; or

�� (B) The education provider, if the education provider conducts an investigation.

�� (c) A final determination by a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education that a report of suspected abuse or suspected sexual conduct cannot be substantiated or is not a report of abuse or sexual conduct does not:

�� (A) Relieve an education provider of the requirement to make determinations under paragraph (a) of this subsection; or

�� (B) Prohibit an education provider from taking any employment actions against a school employee.

�� (d) Except as provided by paragraph (e) of this subsection, determinations made under paragraph (a) of this subsection must be made:

�� (A) Within 60 calendar days from the date the education provider received from a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education a final determination that a report of suspected abuse or suspected sexual conduct involving a school employee is a substantiated report; or

�� (B) Within 90 calendar days from the date the education provider:

�� (i) Received from a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education a final determination that a report of suspected abuse or suspected sexual conduct involving a school employee cannot be substantiated or is not a report of abuse or sexual conduct; or

�� (ii) Received a report of suspected abuse or suspected sexual conduct if the education provider conducts an investigation.

�� (e) The timelines prescribed by paragraph (d) of this subsection may be extended if, for good cause, a longer period of time is necessary. For an education provider that conducts an investigation, good cause may include suspending an investigation as required by subsection (5)(b) of this section.

�� (7) If, in the course of an investigation by an education provider, the education provider becomes aware of new information that gives rise to a reasonable cause to believe that abuse or sexual conduct occurred, the education provider shall ensure that a report is made to a law enforcement agency or the Department of Human Services as required by ORS 419B.010 and 419B.015, the Teacher Standards and Practices Commission or the Department of Education.

�� (8) If, following an investigation, an education provider determines that the education provider will take an employment action, the education provider shall:

�� (a) Inform the school employee of the employment action that will be taken by the education provider.

�� (b) Provide the school employee with information about the appropriate appeal process for the employment action taken by the education provider. The appeal process may be the process provided by a collective bargaining agreement or a process administered by a neutral third party and paid for by the education provider.

�� (c) Following notice of a school employee�s decision not to appeal the employment action of an education provider or following the determination of an appeal that sustained the employment action taken by the education provider, create a record of the findings of the substantiated report and the employment action taken by the education provider and place the record in any documents maintained by the education provider on the school employee. Records created pursuant to this paragraph are confidential and are not public records as defined in ORS 192.311. An education provider may use the record as a basis for providing the information required to be disclosed about a school employee under ORS 339.378 (1).

�� (d) Inform the school employee that information about substantiated reports may be disclosed to a potential employer as provided by ORS 339.378 (1).

�� (9)(a) Notwithstanding the requirements of this section, an education provider that is a private school:

�� (A) May take an employment action in relation to a school employee, a contractor, an agent or a volunteer according to:

�� (i) The provisions of this section; or

�� (ii) The standards and policies of the private school if the standards and policies provide the same or greater safeguards for the protection of students compared to the safeguards described in this section.

�� (B) May follow the procedures described in subsection (8) of this section or may follow any appeals process established by the private school related to suspected abuse or suspected sexual conduct.

�� (b) A private school that chooses to take an employment action or other action in relation to a school employee, a contractor, an agent or a volunteer according to the standards and policies of the private school must provide the information required to be disclosed under ORS 339.378 (1).

�� (10) Upon request from a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education, in conducting an investigation related to suspected abuse or suspected sexual conduct, an education provider shall immediately provide any requested documents or materials, to the extent allowed by state and federal law, including laws protecting a person from self-incrimination. [Formerly 339.375; 2012 c.92 �4; 2013 c.553 �1; 2019 c.618 �7; 2021 c.151 �7; 2023 c.132 �9]

�� 339.389 Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse; rules. (1) When the Department of Education receives from the Department of Human Services notification of a report of abuse or receives a report on the outcomes of an investigation of abuse, as provided by ORS 419B.019 or 419B.020, and the notification or report involves a child and a person who is a school employee, contractor, agent or volunteer, the Department of Education may notify, as soon as practicable, any education provider that the Department of Education determines must be notified to ensure the safety of children.

�� (2) When providing notice to an education provider under subsection (1) of this section, the Department of Education:

�� (a) Shall include any information the department determines is necessary to ensure the safety of children, including the name of the school and the name of the person who allegedly committed the suspected abuse.

�� (b) May not disclose the name and address of, or any other identifying information about, the person who made the report of suspected abuse.

�� (3) The Department of Education may provide information related to the notification or report received as described in subsection (1) of this section to the Teacher Standards and Practices Commission if the department determines that:

�� (a) The commission must be notified to ensure the safety of children; and

�� (b) The notification or report involves a person who is licensed by the commission.

�� (4)(a) Notwithstanding ORS 192.311 to 192.478, any information received as provided by this section is not a public record and is not subject to public inspection.

�� (b) Any person or entity who receives information under this section may not release the information, unless as otherwise provided by law.

�� (5) The State Board of Education may adopt rules for the purposes of implementing this section. [2021 c.386 �4]

�� 339.390 Investigations by Teacher Standards and Practices Commission of persons who are commission licensees; timeline; findings; rules. (1)(a) When the Teacher Standards and Practices Commission receives a report of suspected sexual conduct that may have been committed by a commission licensee, the commission shall immediately initiate an investigation.

�� (b) An investigation and final determination related to a report received under paragraph (a) of this subsection must be completed and notification of the final determination must be made to the education provider within 90 calendar days following the date on which the report was filed with the commission.

�� (c) Notwithstanding paragraph (b) of this subsection, the prescribed timeline for an investigation and final determination may be extended if, for good cause, a longer period of time is necessary.

�� (2) The commission shall appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct an investigation. An investigator appointed under this subsection is empowered to:

�� (a) Issue subpoenas to require the attendance of witnesses or the production of documents;

�� (b) Subpoena witnesses; and

�� (c) Swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (2).

�� (3)(a) Following the completion of an investigation, the investigator shall report in writing the findings and recommendations to the executive director of the Teacher Standards and Practices Commission. The executive director or the executive director�s designee shall forward to the commission the report for any investigation that concluded that a violation occurred.

�� (b) If, based on the findings, the executive director believes there is an immediate threat to a student, the executive director shall request that the commission meet in executive session.

�� (4) The executive director or the investigator shall report in writing the findings and recommendations to impose disciplinary sanctions to the commission. The commission shall decide if there is sufficient cause to justify holding a hearing under ORS 342.177.

�� (5) If the commission finds that there is sufficient cause to justify holding a hearing under ORS 342.177, the commission shall notify in writing:

�� (a) The person charged, enclosing a statement of the charges and a notice of opportunity for hearing;

�� (b) The student and, if applicable, the student�s parents;

�� (c) The education provider; and

�� (d) The person who provided the report of suspected sexual conduct.

�� (6) If there is not sufficient cause to justify holding a hearing under ORS 342.177, the commission shall notify in writing:

�� (a) The person charged;

�� (b) The student and, if applicable, the student�s parents;

�� (c) The education provider; and

�� (d) The person who provided the report of suspected sexual conduct.

�� (7)(a) The documents and materials used in the investigation undertaken under this section, and the report related to the investigation, are confidential and not subject to public inspection:

�� (A) Unless the commission makes a final determination to discipline a commission licensee, as provided under ORS 342.175.

�� (B) Except as provided by paragraphs (b) to (d) of this subsection.

�� (b) Documents, materials and reports that are confidential under paragraph (a) of this subsection may be disclosed to an entity listed in paragraph (c) or (d) of this subsection only as provided by this subsection and rules adopted by the commission. The entity that receives documents, materials or reports must maintain their confidentiality unless disclosure is allowed or required under this section or other state or federal law.

�� (c) To the extent allowed by state and federal law, the commission shall make available any documents, materials and reports that are confidential under paragraph (a) of this subsection to:

�� (A) A law enforcement agency or the Department of Human Services for the purpose of conducting an investigation under ORS 419B.005 to 419B.050; or

�� (B) The Department of Education for the purpose of conducting an investigation under ORS 339.391.

�� (d)(A) The commission shall make available the commission�s investigative report to:

�� (i) An education provider for the purpose of the education provider taking any disciplinary actions or making changes in the employment relationship or duties of the commission licensee; and

�� (ii) The commission licensee who is the subject of the report.

�� (B) The commission must redact the executive director�s recommendation from the report made available under this paragraph.

�� (C) A commission licensee who receives a report under this paragraph may share the report with the person�s attorney or union representative. An attorney or union representative who receives a report under this subparagraph must maintain the report�s confidentiality unless disclosure is allowed or required under this section or other state or federal law.

�� (e) The commission shall retain documents and materials related to any report received under this section, regardless of whether the commission found sufficient cause to justify holding a hearing under this section.

�� (8) Notwithstanding ORS 192.660 (6), the commission may make its findings under this section in executive session. The provisions of ORS 192.660 (4) apply to executive sessions held pursuant to this subsection.

�� (9) The commission shall adopt any rules necessary for the administration of this section, including a process to appeal the findings of the commission under this section. [2019 c.618 �23; 2021 c.391 ��3,3a; 2023 c.131 �4]

�� 339.391 Investigations by Department of Education of persons who are not commission licensees; timeline; findings; rules. (1)(a) When the Department of Education receives a report of suspected sexual conduct that may have been committed by a school employee, contractor, agent or volunteer that is not a commission licensee, the department shall immediately initiate an investigation. The department may investigate and make a final determination for any person who provided services as a school employee, a contractor, an agent or a volunteer within two calendar years prior to when the suspected sexual conduct was committed.

�� (b) An investigation and final determination related to the report received under paragraph (a) of this subsection must be completed and notification of the final determination must be made to the education provider within 90 calendar days following the date on which the report was filed with the department.

�� (c) Notwithstanding paragraph (b) of this subsection, the prescribed timeline for an investigation and final determination may be extended if the department determines that, for good cause, a longer period of time is necessary.

�� (2) The department shall appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct an investigation. An investigator appointed under this subsection is empowered to:

�� (a) Issue subpoenas to require the attendance of witnesses or the production of documents;

�� (b) Subpoena witnesses; and

�� (c) Swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (2).

�� (3)(a) Following the completion of an investigation, the Department of Education shall notify:

�� (A) The person charged;

�� (B) The student, the student�s parents or legal guardians, or both the student and the student�s parents or legal guardians; and

�� (C) The education provider.

�� (b) The notification required under paragraph (a) of this subsection shall include the following information as allowed by state and federal law:

�� (A) The statutory authority of the department to conduct the investigation;

�� (B) The procedural background for the investigation;

�� (C) The legal standards and arguments used for the investigation;

�� (D) The department�s findings of fact from the investigation;

�� (E) The department�s final determination based on the investigation; and

�� (F) The right to an appeal, as provided by subsection (5) of this section.

�� (c) Following the completion of an investigation, the department shall:

�� (A) Inform the person who provided the report of suspected sexual conduct, if known by the department, whether the department found that the report:

�� (i) Is a substantiated report;

�� (ii) Cannot be substantiated; or

�� (iii) Is not a report of sexual conduct.

�� (B) For a substantiated report only, inform a regulatory board that the department found that the report is substantiated, if the regulatory board:

�� (i) Is not the Teacher Standards and Practices Commission; and

�� (ii) The department knows that the regulatory board licensed, registered, certified or otherwise authorized the school employee, contractor, agent or volunteer to practice a profession or to provide professional services.

�� (4)(a) Except as provided in paragraphs (b) and (c) of this subsection and subsection (3) of this section, the documents and materials used in the investigation undertaken under this section, and the report related to the investigation, are confidential and not subject to public inspection.

�� (b) Documents, materials and reports that are confidential under paragraph (a) of this subsection may be disclosed to an entity listed in paragraph (c) of this subsection, or in the manner described in subsection (3) of this section, only as provided by this section and by rules adopted by the State Board of Education. The person or entity that receives documents, materials or reports must maintain their confidentiality unless disclosure is allowed or required under this section or other state or federal law.

�� (c) To the extent allowed by state and federal law, the department shall make available any documents, materials and reports that are confidential under paragraph (a) of this subsection to:

�� (A) A law enforcement agency or the Department of Human Services if necessary to conduct an investigation under ORS 419B.005 to 419B.050;

�� (B) The Teacher Standards and Practices Commission if necessary for the commission to conduct an investigation under ORS 339.390 or 342.176; and

�� (C) An education provider if necessary for the education provider to take any disciplinary action or changes in the employment relationship or duties of the school employee, contractor, agent or volunteer.

�� (d) The Department of Education shall retain documents and materials related to any report received under this section for a period of 75 years.

�� (5) A person who is the subject of an investigation under this section may appeal a final determination that the report related to the investigation is a substantiated report as a contested case under ORS chapter 183.

�� (6) The State Board of Education shall adopt any rules necessary for the administration of this section. [2019 c.618 �32; 2021 c.151 �9; 2021 c.386 �2; 2023 c.131 �1; 2023 c.570 �10; 2025 c.111 �3]

�� 339.392 Prohibitions against certain agreements and contracts. (1) An education provider may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement or any similar contract or agreement that:

�� (a) Has the effect of impairing or terminating an ongoing investigation, or suppressing information relating to an ongoing investigation, related to a report of suspected abuse or suspected sexual conduct;

�� (b) Has the effect of suppressing information relating to a substantiated report of abuse or sexual conduct by a current or former school employee, contractor, agent or volunteer;

�� (c) Affects the duties of the education provider to report suspected abuse or suspected sexual conduct or to discipline a current or former school employee, contractor, agent or volunteer for a substantiated report of abuse or sexual conduct;

�� (d) Impairs the ability of the education provider to discipline a school employee, a contractor, an agent or a volunteer for a substantiated report of abuse or sexual conduct; or

�� (e) Requires the education provider to expunge substantiated information about abuse or sexual conduct from any documents maintained by an education provider.

�� (2) Any provision of an employment contract or agreement that is contrary to this section is void and unenforceable.

�� (3) Nothing in this section prevents an education provider from entering into a collective bargaining agreement that includes:

�� (a) Standards for investigation of a report of suspected abuse or suspected sexual conduct; or

�� (b) An appeal process from the determination made by or the action taken by an education provider related to a report of abuse or sexual conduct. [2009 c.93 �10; 2012 c.92 �7; 2019 c.618 �8]

�� 339.396 Effect on causes of action. Nothing in ORS 339.370 to 339.400 creates a new public or private cause of action or precludes an existing cause of action. [2009 c.93 �11]

�� 339.400 Training. (1) An education provider shall provide to school employees each school year training on:

�� (a) The prevention and identification of abuse and sexual conduct;

�� (b) The obligations of school employees under ORS 339.388 and 419B.005 to 419B.050 and under policies adopted by the school board to report suspected abuse and suspected sexual conduct; and

�� (c) Appropriate electronic communications with students as provided by ORS 339.372 (11).

�� (2) An education provider shall provide to contractors, agents and volunteers each school year information on:

�� (a) The prevention and identification of abuse and sexual conduct;

�� (b) The obligations of school employees under policies adopted by the school board to report abuse and sexual conduct; and

�� (c) Appropriate electronic communications with students as described in ORS 339.372 (11).

�� (3) An education provider shall make the training provided under subsection (1) of this section available each school year to contractors, agents and volunteers and to parents and legal guardians of students who attend a school operated by the education provider. The training shall be provided separately from the training provided to school employees under subsection (1) of this section.

�� (4) An education provider shall make available each school year to students who attend a school operated by the education provider a training that is designed to prevent abuse and sexual conduct. [Formerly 339.377; 2012 c.92 �8; 2019 c.618 �10]

(Emergency Preparation)

�� 339.405 Comprehensive safety program; rules. (1) As used in this section:

�� (a) �Evacuate� means a procedure used when students and staff need to move from one location to another.

�� (b) �Hold� means a procedure used to keep students and staff in classrooms while a disruption or minor emergency is resolved.

�� (c) �Lockdown� means a procedure used when a threat or hazard is inside the building.

�� (d) �Secure� means a procedure used when a threat or hazard is outside the building.

�� (e) �Shelter in place� is a procedure used to respond to and take protective actions based on a threat or hazard that may include an earthquake, tsunami or other natural or environmental hazard.

�� (2) Each school district must maintain a comprehensive safety program for all students and staff. The program must include procedures for:

�� (a) Responding to emergency situations that address an immediate threat to safety, including an evacuation, a hold, a lockdown, a secure and a shelter in place;

�� (b) Providing communicable disease management;

�� (c) Responding to medical emergencies; and

�� (d) Providing instruction as described in ORS 339.408.

�� (3) The State Board of Education may adopt rules related to a program required under this section. [2025 c.386 �13]

�� 339.408 Emergency safeguards; required drills and instruction; school building security. (1) As used in this section, �school� means any:

�� (a) Kindergarten through grade 12 public or private school, including a public charter school; or

�� (b) Educational institution having an average daily attendance of 50 or more students.

�� (2) Every school is required to have emergency safeguards to protect the safety and well-being of students and staff at the school. The emergency safeguards must include:

�� (a) Drills and instruction on emergency procedures so that students can respond to an emergency without confusion or panic.

�� (b) Policies and procedures relating to school building security.

�� (3) When reviewing policies and procedures relating to school building security, the governing body for a school shall consider the installation of a panic alarm system that:

�� (a) Is wireless or consists of wearable panic alarms;

�� (b) Is capable of connecting to diverse emergency services technologies to ensure real-time coordination between multiple emergency services agencies; and

�� (c) Integrates with local public safety answering points to transmit 9-1-1 calls and mobile activations.

�� (4) The drills and instruction on emergency procedures required by this section must be on:

�� (a) Fires;

�� (b) Earthquakes, which shall include tsunami drills and instruction in schools in a tsunami hazard zone; and

�� (c) Safety threats, as identified in ORS 339.405 (2)(a).

�� (5)(a) Drills and instruction on fire emergencies shall include routes and methods of exiting the school building.

�� (b) Drills and instruction on earthquake emergencies shall include the earthquake emergency response procedure known as �drop, cover and hold on.� A school may drill earthquake emergency response procedures in addition to �drop, cover and hold on� when the school determines, based on evaluation of specific engineering and structural issues related to a building, that �drop, cover and hold on� may not be the most effective earthquake emergency response procedure to prevent or limit injury or loss of life.

�� (c) Drills and instruction on tsunami emergencies shall include immediate evacuation after an earthquake when appropriate or after a tsunami warning to protect students against inundation by tsunamis.

�� (d) Drills and instruction on safety threats shall include:

�� (A) Procedures related to evacuation, hold, lockdown, secure and shelter in place, as those terms are defined in ORS 339.405, including the procedures described in ORS

ORS 442.612

442.612; or

�� (3) A state or federal authority. [2025 c.295 �8]

�� Note: Section 9 (1)(b), chapter 295, Oregon Laws 2025, provides:

�� Sec. 9. (1)(b) Sections 7 [653.297] and 8 [653.298], chapter 295, Oregon Laws 2025, apply to noncompetition agreements, as defined in section 7, chapter 295, Oregon Laws 2025, that restrict the practice of medicine or the practice of nursing and into which a medical licensee, as defined in section 7, chapter 295, Oregon Laws 2025, enters before, on or after the effective date of chapter 295, Oregon Laws 2025 [June 9, 2025]. [2025 c.295 �9; 2025 c.572 �3(1)(b)]

�� 653.300 Health benefit plan options for certain employees; limitation on cost to employer or health benefit plan for exercise of option. (1) Each public or private employer in this state which offers its employees a health benefit plan and employs not fewer than 25 employees, and each employee benefit fund in this state with not fewer than 25 members which offers its members any form of health benefit, shall make available to and inform its employees or members of the option to enroll in at least one health maintenance organization which provides health care services in the geographic areas in which a substantial number of such employees or members reside. Where there is a prevailing collective bargaining agreement, the selection of the health maintenance organizations to be made available to the employees shall be made under the agreement.

�� (2) No employer or benefits fund in this state shall be required to pay more for health benefits as a result of the application of this section than would otherwise be required by any prevailing collective bargaining agreement or other contract for the provision of health benefits to its employees.

�� (3) Notwithstanding subsection (1) of this section, no employer or benefits fund need provide such an option unless at least 25 employees or members agree to participate in a health maintenance organization. [1985 c.747 �70]

�� Note: 653.300 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

EMPLOYMENT OF MINORS

�� 653.305 Bureau�s inquiry into employment of minors. The Bureau of Labor and Industries may at any time inquire into wages or hours or conditions of labor of minors employed in any occupation in this state and determine suitable hours and conditions of labor for such minors. [Amended by 1967 c.596 �16; 1979 c.886 �3; 1993 c.18 �131; 2013 c.296 �21]

�� 653.307 Annual employment certificates; effect of failure by employer to comply; school districts required to cooperate with bureau; rules. (1) In accordance with the applicable provisions of ORS chapter 183, the Bureau of Labor and Industries shall adopt rules governing annual employment certificates required under this section. After September 9, 1995, the rules governing the total hours a minor can work may not be more restrictive than the requirements of the federal Fair Labor Standards Act (29 U.S.C. 201, et seq.), unless otherwise provided by Oregon law.

�� (2) An employer who hires minors shall apply to the bureau for an annual employment certificate to employ minors. The application shall be on a form provided by the bureau and shall include, but need not be limited to:

�� (a) The estimated or average number of minors to be employed during the year.

�� (b) A description of the activities to be performed.

�� (c) A description of the machinery or other equipment to be used by the minors.

�� (3) Once a year, the bureau shall provide to all employers applying for an annual employment certificate an information sheet summarizing all rules and laws governing the employment of minors.

�� (4) Failure by an employer to comply with ORS 653.305 to 653.340 or with the regulations adopted by the bureau pursuant to this section shall subject the employer to revocation of the right to hire minors in the future at the discretion of the bureau, provided that an employer shall be granted a hearing before the bureau prior to such action being taken.

�� (5) All school districts shall cooperate with the bureau and make available, upon request of the bureau, information concerning the age and schooling of minors. [1971 c.626 �2; 1995 c.133 �1; 2013 c.296 �22; 2021 c.97 �72]

�� 653.310 Employment certificates on file; list of minor employees. No child under 18 years of age shall be employed or permitted to work in any employment listed in ORS 653.320 (2) unless the person employing the child keeps on file and accessible to the school authorities of the district where such child resides, and to the police and the Bureau of Labor and Industries, an annual employment certificate as prescribed by the rules adopted by the bureau pursuant to ORS 653.307 and keeps a complete list of all such children employed therein. [Amended by 1971 c.626 �3; 1995 c.133 �2; 1999 c.59 �194; 2013 c.296 �23]

�� 653.315 Working hours for children under 16 years of age; exceptions; mealtimes; posting notice of hours. (1) A child under 16 years of age may not be employed for longer than 10 hours for any one day or more than six days in any one week. The Commissioner of the Bureau of Labor and Industries shall issue special permits for the employment of children under 16 years of age in agriculture for longer than 10 hours for any one day when the commissioner determines that such hours of work will not be detrimental to the health and safety of the children so employed.

�� (2)(a) A child under 16 years of age may not be employed at any work before 7 a.m. or after 7 p.m., except that during the period between June 1 and Labor Day a child under 16 years of age may be employed until 9 p.m.

�� (b) Paragraph (a) of this subsection does not apply to a child under 16 years of age who is:

�� (A) Employed in agriculture.

�� (B) Employed in youth camps. As used in this subparagraph, �youth camps� means those camps operated and maintained primarily for the supervised recreation and education of youth of either sex during the public school vacation periods.

�� (C) Employed as a newspaper carrier or vendor.

�� (D) Employed in or about private residences at domestic work, chores and child care. This exception does not extend to employment in places where child care or training is carried on as an occupation.

�� (3) Every child under 16 years of age is entitled to not less than 30 minutes for mealtime and the mealtime may not be included as part of the work hours of the day.

�� (4) Every employer of children under 16 years of age shall post, in a conspicuous place where the children are employed, a printed notice stating the maximum work hours required in one week and in every day of the week from the children. [Amended by 1957 c.419 �1; 1961 c.205 �1; 1981 c.228 �1; 1997 c.453 �1; 2005 c.154 �1; 2009 c.104 �1]

�� 653.320 Employment of children under 14 years; exceptions. (1) No child under the age of 14 years shall be employed in any work, or labor of any form for wages or other compensation to whomsoever payable, during the term when the public schools of the town, district or city in which the child resides are in session.

�� (2) Except as provided in subsections (3) and (4) of this section, no child under 14 years of age shall be employed or permitted to work in, or in connection with, any place of business.

�� (3) The Bureau of Labor and Industries may allow children between the ages of 12 and 14 to be employed in any suitable work during any school vacation extending over a term of two weeks and may issue permits therefor. The bureau shall exercise careful discretion as to the character of such employment and its effect on the physical and moral well-being of the child.

�� (4) Exceptions may be made by the bureau exempting a minor or class of minors from the provisions of this section. [Amended by 1971 c.625 �1; 2013 c.296 �24]

�� 653.325 [Repealed by 1967 c.527 �3]

�� 653.326 Employment of professionally trained minors allowed with permit. (1) The Bureau of Labor and Industries may by special permit authorize a child under 18 years of age to engage in employment otherwise prohibited by law if the child has successfully completed professional training for such employment conducted by any school district, or training that the bureau considers equivalent thereto, and the child:

�� (a) Has graduated from high school; or

�� (b) Is employed during such time as public schools are not in session for a period exceeding 30 days.

�� (2) The bureau or a person authorized by the bureau shall investigate periodically the conditions of the employment for which a special permit has been issued, to determine whether the permit should be continued. [1967 c.347 �2; 1995 c.343 �51; 2013 c.296 �25]

�� 653.330 Employment of minors in certain logging operations prohibited. No person shall employ or allow:

�� (1) Any person under the age of 18 years to act as engineer of or have charge of or operate any logging engines used in logging operations.

�� (2) Any person under the age of 16 years to act in the capacity of giving signals to the engineer in logging operations or receiving and forwarding such signals.

�� 653.335 Employment of minors as elevator operators prohibited. No person shall employ or allow any person under the age of 18 years to run, operate or have charge of, any elevator used for the purpose of carrying either persons or property.

�� 653.340 Employment of minors for message and delivery service. (1) No person under the age of 18 years shall be employed or permitted to work as a messenger for a telegraph or messenger company or anyone engaged in such a business in the distribution, transmission or delivery of goods or messages before 5 a.m. or after 10 p.m.

�� (2) No person under the age of 16 years shall be employed or permitted to work in the telegraph, telephone or public messenger service.

�� 653.345 Legislative findings. The Legislative Assembly finds that the crops of berry and bean growers in Oregon are imperiled by the federal law prohibiting the employment of youthful agricultural workers. Since suitable replacements for such workers are not available, the long established use of youthful berry and bean pickers must be permitted to the extent that it does not interfere with interstate commerce and federal law. The Legislative Assembly further finds that such agricultural employment is healthful, a good introduction to the work ethic and develops an understanding of the role of agriculture in society. [1975 c.422 �1]

�� 653.350 Employment of children under 12 years for certain agricultural labor; conditions. (1) An individual who is less than 12 years of age but not less than nine years of age may be employed to pick berries and beans in this state outside of school hours if:

�� (a) The individual is employed with the consent of the child�s parent or guardian;

�� (b) The berries and beans picked are sold within the state only and not transported out of this state in any form;

�� (c) The Director of the Employment Department or the designee of the director certifies that there are not sufficient workers available in the immediate area to harvest the berry or bean crop without the employment of youthful pickers; and

�� (d) The individual is paid at the same rate as other employees of the employer who are 12 years of age or older and are engaged in picking berries or beans.

�� (2) Each basket or container holding berries, berry products, beans or bean products picked by individuals who are less than 12 years of age must be distinctively marked so as to prevent the berries, berry products, beans or bean products from entering interstate commerce. [1975 c.422 �2]

�� 653.355 Exemption of certain employers. Nothing in ORS 653.345, 653.350 and 653.355 shall apply to employers which are exempt from the child labor provisions of the federal Fair Labor Standards Act. [1975 c.422 �3]

�� 653.360 Employment of minors in certain boating, fishing and agricultural situations. Notwithstanding any other provision of ORS 653.305 to 653.370:

�� (1) Minors 16 years of age and 17 years of age may be employed as assistants on chartered fishing or pleasure boats.

�� (2) Minors 14 years of age and 15 years of age may be employed at dock areas used by chartered fishing or pleasure boats.

�� (3) Minors less than 18 years of age may be employed on commercial fishing vessels without an employment permit when employed and supervised by the minor�s grandfather, grandmother, father, mother, brother, sister, uncle or aunt.

�� (4) Minors 16 years of age and 17 years of age may be employed to operate power-driven machinery in connection with their employment in the processing of agricultural commodities in an agricultural warehouse on a farm by a farmer if each such minor has completed a training program in the safe operation of such machinery as prescribed by rule of the Bureau of Labor and Industries under ORS 653.307. [1979 c.626 �2; 1995 c.477 �1; 2013 c.296 �26]

�� 653.362 Exemption of minors serving as soccer referees. The provisions of ORS 653.305 to

ORS 443.215

443.215]

(Greenhouse Gas Reduction)

�� 184.879 Greenhouse gas reduction program; definitions; grants; request for funding; rules. (1) As used in this section and ORS 184.882 and 184.884:

�� (a) �Bidder� has the meaning given that term in ORS 279A.010.

�� (b) �Covered materials� means:

�� (A) Concrete, including ready mix concrete, shotcrete, precast concrete and concrete masonry units;

�� (B) Asphalt paving mixtures;

�� (C) Steel, including rebar, reinforcing steel and structural steel, hot-rolled sections, hollow sections, plate steel and cold-formed steel; and

�� (D) Other materials the Department of Transportation designates by rule after consultation with the technical advisory committee.

�� (c) �Emergency� has the meaning given that term in ORS 279A.010.

�� (d) �Environmental product declaration� means a product-specific label developed in accordance with rules the department adopts that are based on ISO Standard 14025 and on independently verified life cycle assessment data, life cycle inventory and analysis data or information modules in accordance with the ISO 14040 series of standards.

�� (e) �Procurement� has the meaning given that term in ORS 279A.010.

�� (f) �Proposer� has the meaning given that term in ORS 279A.010.

�� (g) �Public contract� has the meaning given that term in ORS 279A.010.

�� (h) �Public Contracting Code� has the meaning given that term in ORS 279A.010.

�� (i) �Technical advisory committee� means the committee described in ORS 184.882.

�� (2)(a) The department, not later than December 31, 2025, shall establish a program for greenhouse gas reduction that:

�� (A) Assesses the greenhouse gas emissions attributable to covered materials the department uses in the department�s construction and maintenance activities for the state�s transportation system;

�� (B) Conducts life cycle assessments of a selected set of the department�s construction and maintenance activities; and

�� (C) Devises strategies for reducing greenhouse gas emissions that include, but are not limited to, improving pavement and bridge conditions.

�� (b) In establishing the program described in paragraph (a) of this subsection, the department shall identify and disclose in any reports the department produces all relevant measurement difficulties, deficiencies in needed data, assumptions, uncertainties, technological limitations, costs associated with assessment and implementation and any other relevant limitations of methodology, practice or implementation.

�� (c) In devising the strategies described in paragraph (a)(C) of this subsection, the department, at a minimum, shall consider and evaluate:

�� (A) Advancements in materials and engineering as applied to greenhouse gas emission reduction;

�� (B) Regional variability in the quality and durability of aggregates and other components of covered materials;

�� (C) The types and effects of fuels available for use in manufacturing, transporting and using covered materials;

�� (D) The quality and performance of the covered materials; and

�� (E) Any other factors that the department, in consultation with the technical advisory committee, deems relevant and useful.

�� (d) The department shall conduct the assessments and devise the strategies described in paragraph (a) of this subsection separately for each of the state�s five transportation regions, accounting for differences among the regions with respect to the availability of covered materials, fuel and other necessary resources and the quantity of covered materials the department uses or plans to use.

�� (3)(a) In procuring covered materials for the program described in subsection (2)(a) of this section, the department shall require contractors to submit environmental product declarations before the contractor installs the covered materials, unless the department:

�� (A) Procures the covered materials on an emergency basis;

�� (B) Determines that a relevant product category rule does not exist;

�� (C) Determines that requiring an environmental product declaration will reduce competition for public contracts or otherwise contravene the requirements of the Public Contracting Code;

�� (D) Determines that requiring an environmental product declaration would unreasonably affect the department�s specifications or requirements for covered materials or impair the department�s construction or maintenance activities;

�� (E) Determines that an environmental product declaration is not necessary to measure or quantify greenhouse gas emissions; or

�� (F) Determines after consultation with the technical advisory committee that other considerations outweigh the need for requiring environmental product declarations or that a construction or maintenance activity would use less than a threshold amount of covered materials. The department, in consultation with the technical advisory committee, shall specify the threshold amount by rule.

�� (b) Notwithstanding paragraph (a) of this subsection, in procuring asphalt paving mixtures, the department may allow contractors to submit environmental product declarations within a reasonable time after executing a public contract for constructing roads or acquiring materials or within the time required for an environmental product declaration provider to prepare the environmental product declaration, but not later than the date on which the contractor completes performance of the public contract.

�� (c) The department may not use an environmental product declaration as a consideration in ranking or scoring a bid or proposal before January 1, 2027, but thereafter may consider environmental product declarations if the department determines that doing so is beneficial and if, after consulting with the technical advisory committee, construction contractors, material suppliers and other stakeholders, the department devises a scoring methodology that ensures fairness among bidders and proposers.

�� (4)(a) In order to assist bidders or proposers to prepare or submit environmental product declarations required under this section, the department by rule shall establish a program to extend grants to bidders or proposers that require financial assistance to prepare environmental product declarations.

�� (b) Before establishing a program under this subsection, the department shall submit a request for funding to the Legislative Assembly in an amount that the department estimates would be necessary to provide the grants described in this subsection. The department shall deposit any funding the department receives into a designated account within the department�s operating account and shall keep records of disbursements from the account. Any moneys the department does not award as grants must revert to the General Fund upon the termination of the program.

�� (c) The department by rule shall establish criteria for eligibility for grants under this subsection and shall specify the maximum amount of each grant on the basis of available funding. [2022 c.74 �1]

�� 184.880 [1977 c.779 �2; 1979 c.235 �1; renumbered 443.225]

�� 184.882 Technical advisory committee. (1) The Department of Transportation shall establish a technical advisory committee to assist the department with issues related to implementing the program described in ORS 184.879.

�� (2) Members of the technical advisory committee must include, but need not be limited to, representatives from the Department of Transportation and the Department of Environmental Quality, from construction firms engaged in transportation construction and maintenance, from suppliers of covered materials, from construction and material supplier industry associations, from workers in construction or manufacturing industries, from environmental organizations and from institutions of higher education.

�� (3) The technical advisory committee shall:

�� (a) Recommend quantities of covered materials below which the Department of Transportation need not require an environmental product declaration.

�� (b) Advise the department as needed to prepare the reports required under ORS 184.884.

�� (c) Advise and guide the department concerning:

�� (A) The extent to which environmental product declarations are available or are in development;

�� (B) Which of the department�s construction and maintenance activities are appropriate for inclusion in the program described in ORS 184.879 (2);

�� (C) The time within which a bidder or proposer must submit an environmental product declaration and any related information;

�� (D) How to properly analyze or interpret an environmental product declaration;

�� (E) The content of and criteria for devising, adopting and implementing the strategies described in ORS 184.879 (2)(a)(C);

�� (F) Potential changes to the design or implementation of the program described in ORS 184.879 in light of technological advances and the need to maintain reasonable competition for public contracts; and

�� (G) Other matters the technical advisory committee deems necessary to achieve the goals of the program.

�� (4) The technical advisory committee may recommend to the department additional materials for designation as covered materials.

�� (5) A majority of the members of the technical advisory committee constitutes a quorum for the transaction of business.

�� (6) The technical advisory committee shall elect two of the members of the technical advisory committee to serve as cochairpersons.

�� (7) The department shall appoint a replacement for any vacancy on the technical advisory committee. The replacement must become immediately effective upon appointment.

�� (8) The technical advisory committee must meet at least four times within each calendar year at times and places specified by the call of the chairperson, of a majority of the members of the technical advisory committee or of the Director of Transportation.

�� (9) The department shall provide staff support to the technical advisory committee.

�� (10) Members of the technical advisory committee are not entitled to compensation or reimbursement for expenses and serve as volunteers on the technical advisory committee. [2022 c.74 �2]

�� 184.883 [Subsection (1) of 1987 Edition enacted as 1987 c.781 �1; subsection (2) of 1987 Edition enacted as 1987 c.780 �2; renumbered 409.710 in 1991]

�� 184.884 Reports. The Department of Transportation, after establishing the program described in ORS

ORS 447.280

447.280. [1971 c.320 �7; 1973 c.539 �9]

�� 447.275 Nonliability for emergency exit deficiencies. Architects, engineers or other persons designing buildings; contractors and other persons erecting buildings; building officials, plans examiners, inspectors, the Director of the Department of Consumer and Business Services, the State Fire Marshal, State Fire Marshal deputies, municipal fire marshals or municipal deputies inspecting buildings; or a municipal appeals board shall be relieved of any personal or financial liability from persons suffering injury or death or those persons� heirs as the result of exiting deficiencies during emergencies resulting from access for persons with disabilities required by ORS 447.210 to 447.280 or standards adopted under them. [1979 c.133 �8; 1989 c.224 �116; 1991 c.67 �123]

�� 447.280 Enforcement powers. The provisions of ORS 447.210 to 447.280 and rules adopted under them shall be considered part of the state building code and violations shall be subject to the provisions of ORS 455.450. [1971 c.320 �8; 1973 c.539 �10; 1979 c.133 �6]

�� 447.310 Standards for curbing. (1) The standard for construction of curbs on each side of any city street, county road or state highway, or any connecting street, road or highway for which curbs and sidewalks have been prescribed by the governing body of the city or county or Department of Transportation having jurisdiction thereover, shall require not less than two curb cuts or ramps per lineal block to be located on or near the crosswalks at intersections. Each curb cut or ramp shall be at least 48 inches wide, where possible, and a minimum of 36 inches wide where a 48-inch width will not fit, at a slope not to exceed one-inch rise per 12-inch run. If a slope of 1:12 will not fit, a slope between 1:10 and 1:12 is allowed for a maximum rise of six inches and a slope between 1:8 and 1:10 is allowed for a maximum rise of three inches. In no case shall the slope exceed 1:8.

�� (2) Standards set for curb cuts and ramps under subsection (1) of this section shall apply whenever a curb or sidewalk is constructed or replaced at any point in a block which gives reasonable access to a crosswalk. [1973 c.176 �1; 1975 c.468 �1; 1989 c.224 �117; 1993 c.503 �13]

�� 447.610 [1957 c.278 �1; repealed by 1979 c.57 �3]

�� 447.620 [1957 c.278 ��2,13,22; repealed by 1979 c.57 �3]

�� 447.630 [1957 c.278 �3; repealed by 1979 c.57 �3]

�� 447.640 [1957 c.278 �4; repealed by 1979 c.57 �3]

�� 447.650 [1957 c.278 �6; repealed by 1979 c.57 �3]

�� 447.660 [1957 c.278 ��5,7,9,10; repealed by 1979 c.57 �3]

�� 447.670 [1957 c.278 �8; repealed by 1979 c.57 �3]

�� 447.680 [1957 c.278 ��11,12; repealed by 1979 c.57 �3]

�� 447.690 [1957 c.278 ��14,15,16; repealed by 1979 c.57 �3]

�� 447.700 [1957 c.278 ��17,18; repealed by 1979 c.57 �3]

�� 447.710 [1957 c.278 �19; repealed by 1979 c.57 �3]

�� 447.720 [1957 c.278 �17; repealed by 1979 c.57 �3]

�� 447.730 [1957 c.278 �20; repealed by 1979 c.57 �3]

�� 447.800 [1975 c.677 �1; 1977 c.58 �1; 1981 s.s. c.10 �1; 1983 c.42 �1; renumbered 284.800 in 1987]

�� 447.805 [1975 c.677 �2; 1981 c.754 �1; renumbered 284.805 in 1987]

�� 447.810 [1975 c.677 �2a; renumbered

ORS 448.255

448.255 or three percent, whichever is lower. [1981 c.749 �10; 1989 c.833 �51; 1989 c.946 �1; 1997 c.249 �149; 2005 c.696 �1; 2007 c.447 �1; 2009 c.595 �844; 2015 c.736 �94; 2019 c.509 �1; 2025 c.605 �23]

�� 448.153 State Drinking Water Advisory Committee; rules. (1) The State Drinking Water Advisory Committee is created to advise and assist the Oregon Health Authority on policies related to the protection, safety and regulation of public drinking water in Oregon.

�� (2) The committee created under this section shall consist of 15 members appointed by the Public Health Officer. The officer shall make the appointments after considering nominees from:

�� (a) Public water systems of cities with a population greater than 100,000;

�� (b) Privately owned water systems;

�� (c) Environmental advocacy groups;

�� (d) The American Council of Engineering Companies of Oregon;

�� (e) The Conference of Local Health Officials created by ORS 431.330;

�� (f) The League of Oregon Cities;

�� (g) The League of Women Voters of Oregon;

�� (h) The Oregon Association of Water Utilities;

�� (i) The Oregon Environmental Health Association;

�� (j) The Oregon Environmental Laboratory Association;

�� (k) The Pacific Northwest Section of the American Water Works Association;

�� (L) The Special Districts Association of Oregon;

�� (m) Organizations representing plumbers or backflow testers;

�� (n) Water consumers; and

�� (o) Watershed councils.

�� (3) The committee shall adopt rules to govern its proceedings and shall select a chair and any other officers it considers necessary.

�� (4) The members shall be appointed to serve for terms of three years. A vacancy on the committee shall be filled by appointment by the Public Health Officer for the unexpired term.

�� (5) The committee shall meet regularly four times a year at times and places fixed by the chair of the committee. The committee may meet at other times specified by the chair or a majority of the members of the committee.

�� (6) The Oregon Health Authority shall provide assistance and space for meetings as requested by the chair of the committee.

�� (7) Members of the committee shall be entitled to actual and necessary expenses as provided by ORS 292.495 (2). [2007 c.572 �1; 2009 c.595 �845]

�� Note: 448.153 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 448 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 448.155 Technical assistance and training; public information. The Oregon Health Authority:

�� (1) May provide technical assistance and organize, coordinate and conduct training for water system personnel.

�� (2) Shall conduct a program designed to stimulate public participation in matters relating to water systems through public presentations, dissemination of informational materials and other similar efforts. [1981 c.749 �11; 2009 c.595 �846]

�� 448.157 Harmful algal blooms; legislative findings. (1) The Legislative Assembly finds and declares harmful algal blooms to be a threat to safe drinking water supplies and a menace to public health and welfare.

�� (2) The Oregon Health Authority, in coordination with the Department of Environmental Quality as further provided for in ORS 468B.600, shall:

�� (a) Determine and identify drinking water sources that are susceptible to harmful algal blooms or that are downstream of or influenced by water bodies that are susceptible to harmful algal blooms.

�� (b) Develop a system for the regular monitoring and testing of drinking water sources determined to be susceptible to harmful algal blooms or that are downstream of or influenced by water bodies that are susceptible to harmful algal blooms.

�� (c) Prioritize monitoring of water bodies that are susceptible to harmful algal blooms and that are:

�� (A) Sources of domestic or municipal drinking water; or

�� (B) Bodies of water accessed by the public for recreational use.

�� (d) Develop a protocol for issuing hazard advisory alerts to the public in the occurrence of a harmful algal bloom. [2023 c.442 �83]

�� 448.160 Emergency plans. (1) The Oregon Health Authority shall maintain a plan outlining actions to be taken by the authority during emergencies relating to water systems.

�� (2) The authority may require that a water supplier compile an emergency plan if it appears necessary to the Director of the Oregon Health Authority. [1981 c.749 �12; 2009 c.595 �847]

�� 448.165 Local government water service plans. (1) Counties may develop water service plans. These plans should encourage small water systems to combine management functions and to consolidate where possible. Water service plans must be in keeping with county land use plans.

�� (2) Cities or counties, whichever have authority to issue building permits, must certify that the Oregon Health Authority has approved the construction and installation plans of a proposed water system development and the development plan does not violate city or county water service plans before issuing a building permit.

�� (3) Counties or boundary commissions are authorized to approve the formation, consolidation and expansion of water systems not owned by cities in keeping with county and city plans. In doing so, counties or boundary commissions should consider whether water service is extended in a logical fashion and water systems have a financial base sufficient for operation and maintenance. [1981 c.749 �13; 2009 c.595 �848]

�� 448.170 Agreement to authorize local public health authority to exercise duties; suits involving validity of administrative rule. (1) The Oregon Health Authority may enter into an agreement with a local public health authority, as defined in ORS 431.003, under which the local public health authority performs the duties of the Oregon Health Authority under the Oregon Drinking Water Quality Act. The duration of the agreement, the duties to be performed and the remuneration to be paid by the Oregon Health Authority are subject to agreement by the Oregon Health Authority and the local public health authority.

�� (2) In any action, suit or proceeding arising out of a local public health authority�s administration of functions pursuant to ORS 446.310, 448.030, 448.115 to

ORS 448.279

448.279.

�� (g) A person that for compensation arranges, undertakes, offers to undertake or submits a bid to clean or service chimneys.

�� (h) A person that arranges for, undertakes, offers to undertake or submits a bid for the performance of restoration work as defined in ORS 701.540.

�� (6) �Developer� means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property.

�� (7)(a) �General contractor� means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board.

�� (b) �General contractor� does not mean a specialty contractor or a residential limited contractor.

�� (8)(a) �Home improvement� means a renovation, remodel, repair or alteration by a residential contractor to an existing owner-occupied:

�� (A) Residence that is a site-built home;

�� (B) Condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (C) Modular home constructed off-site;

�� (D) Manufactured dwelling; or

�� (E) Floating home, as defined in ORS 830.700.

�� (b) �Home improvement� does not include a renovation, remodel, repair or alteration by a residential contractor:

�� (A) To a structure that contains one or more dwelling units and is four stories or less above grade; or

�� (B) That the residential contractor performed in the course of constructing a new residential structure.

�� (9)(a) �Home inspector� means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure.

�� (b) �Home inspector� does not include persons certified under ORS chapter 455 to inspect new, repaired or altered structures for compliance with the state building code.

�� (10) �Key employee� means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead person or any other employee the board identifies by rule.

�� (11) �Large commercial structure� means a structure that is not a residential structure or small commercial structure.

�� (12) �Officer� means any of the following persons:

�� (a) A president, vice president, secretary, treasurer or director of a corporation.

�� (b) A general partner in a limited partnership.

�� (c) A manager in a manager-managed limited liability company.

�� (d) A member of a member-managed limited liability company.

�� (e) A trustee.

�� (f) A person the board defines by rule as an officer. The definition of officer adopted by board rule may include persons not listed in this subsection who may exercise substantial control over a business.

�� (13) �PEO relationship� has the meaning given that term in ORS 656.849.

�� (14) �Professional employer organization� has the meaning given that term in ORS 656.849.

�� (15) �Residential contractor� means a licensed contractor that holds an endorsement as a:

�� (a) Residential general contractor;

�� (b) Residential specialty contractor;

�� (c) Residential limited contractor;

�� (d) Residential developer;

�� (e) Residential locksmith services contractor;

�� (f) Residential restoration contractor;

�� (g) Home inspector services contractor;

�� (h) Home services contractor; or

�� (i) Home energy performance score contractor.

�� (16) �Residential developer� means a developer of property that is zoned for or intended for use compatible with a residential or small commercial structure.

�� (17)(a) �Residential structure� means:

�� (A) A residence that is a site-built home;

�� (B) A structure that contains one or more dwelling units and is four stories or less above grade;

�� (C) A condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (D) A modular home constructed off-site;

�� (E) A manufactured dwelling;

�� (F) A floating home as defined in ORS 830.700; or

�� (G) An appurtenance to a home, structure, unit or dwelling described in subparagraphs (A) to (F) of this paragraph.

�� (b) �Residential structure� does not mean:

�� (A) Subject to paragraph (a)(C) of this subsection, a structure that contains both residential and nonresidential units;

�� (B) Transient lodging;

�� (C) A residential school or residence hall;

�� (D) A state or local correctional facility;

�� (E) A youth correction facility as defined in ORS 420.005;

�� (F) A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885;

�� (G) A detention facility as defined in ORS 419A.004;

�� (H) A nursing home;

�� (I) A hospital; or

�� (J) A place constructed primarily for recreational activities.

�� (18) �Responsible managing individual� means an individual who:

�� (a) Is an owner described in ORS 701.094 or an employee of the business;

�� (b) Exercises management or supervisory authority, as defined by the board by rule, over the construction activities of the business; and

�� (c)(A) Successfully completed the training and testing required for licensing under ORS 701.122 within a period the board identifies by rule;

�� (B) Demonstrated experience the board requires by rule; or

�� (C) Complied with the licensing requirements of ORS 446.395.

�� (19) �Small commercial structure� means:

�� (a) A nonresidential structure that has a ground area of 10,000 square feet or less, including exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the structure;

�� (b) A nonresidential leasehold, rental unit or other unit that is part of a larger structure, if the unit has a ground area of 12,000 square feet or less, excluding exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the unit;

�� (c) A nonresidential structure of any size for which the contract price of all construction contractor work to be performed on the structure as part of a construction project does not total more than $250,000; or

�� (d) An appurtenance to a structure or unit described in paragraphs (a) to (c) of this subsection.

�� (20) �Specialty contractor� means a contractor who performs work on a structure, project, development or improvement and whose operations as such do not fall within the definition of �general contractor.� �Specialty contractor� includes a person who performs work regulated under ORS 446.395.

�� (21) �Zero-lot-line dwelling� means a single-family dwelling unit constructed in a group of attached units in which:

�� (a) Each attached unit extends from foundation to roof with open space on two sides; and

�� (b) Each dwelling unit is separated by a property line.

�� 701.007 [1989 c.928 �3; repealed by 1991 c.79 �3]

�� 701.010 Exemptions from licensure; rules. The Construction Contractors Board may adopt rules to make licensure optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the board. The following persons are exempt from licensure under this chapter:

�� (1) A person who is constructing, altering, improving or repairing personal property.

�� (2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.

�� (3) A person who furnishes materials, supplies, equipment or finished product and does not fabricate them into, or consume them, in the performance of the work of a contractor.

�� (4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person�s contracts for labor, materials and all other items is less than $1,000 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor.

�� (5) An owner who contracts for work to be performed by a licensed contractor. This subsection does not apply to a person who, in the pursuit of an independent business, constructs, remodels, repairs or for compensation and with the intent to sell the structure, arranges to have constructed, remodeled or repaired a structure with the intent of offering the structure for sale before, upon or after completion. It is prima facie evidence that there was an intent of offering the structure for sale if the person who constructed, remodeled or repaired the structure or arranged to have the structure constructed, remodeled or repaired does not occupy the structure after its completion.

�� (6) An owner who contracts for one or more licensed contractors to perform work wholly or partially within the same calendar year on not more than three existing residential structures of the owner. This subsection does not apply to an owner contracting for work that requires a building permit unless the work that requires a permit is performed by, or under the direction of, a residential general contractor.

�� (7) A person performing work on a property that person owns or performing work as the owner�s employee, whether the property is occupied by the owner or not, or a person performing work on that person�s residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person or the owner�s employee, if the work is performed in the pursuit of an independent business with the intent of offering the structure for sale before, upon or after completion.

�� (8) A person licensed or registered in one of the following trades or professions when operating within the scope of that license or registration:

�� (a) An architect registered by the State Board of Architect Examiners.

�� (b) A professional engineer registered by the State Board of Examiners for Engineering and Land Surveying.

�� (c) A water well contractor licensed by the Water Resources Department.

�� (d) A sewage disposal system installer licensed by the Department of Environmental Quality.

�� (e) A landscape contracting business licensed under ORS 671.510 to 671.760.

�� (f) A pesticide operator licensed under ORS 634.116 who does not conduct inspections for wood destroying organisms for the transfer of real estate.

�� (g) An appraiser certified or licensed under ORS chapter 674 or an appraiser assistant registered under ORS chapter 674 by the Appraiser Certification and Licensure Board.

�� (9) A landscape contracting business operating within the scope of a license issued under ORS

ORS 454.305

454.305.

�� (2) �Commission� means the Environmental Quality Commission.

�� (3) �Governing body� means a board of commissioners, county court or other managing board of a municipality.

�� (4) �Municipality� means a city, county, county service district, sanitary district, metropolitan service district or other special district authorized to treat or dispose of sewage in any county with a population exceeding 400,000 according to the latest federal decennial census.

�� (5) �Subsurface sewage disposal system� has the meaning given that term in ORS 454.605.

�� (6) �Threat to drinking water� means the existence in any area of any three of the following conditions:

�� (a) More than 50 percent of the affected area consists of rapidly draining soils;

�� (b) The ground water underlying the affected area is used or can be used for drinking water;

�� (c) More than 50 percent of the sewage in the affected area is discharged into cesspools, septic tanks or seepage pits and the sewage contains biological, chemical, physical or radiological agents that can make water unfit for human consumption; or

�� (d) Analysis of samples of ground water from wells producing water that may be used for human consumption in the affected area contains levels of one or more biological, chemical, physical or radiological contaminants which, if allowed to increase at historical rates, would produce a risk to human health as determined by the local health officer. Such contaminant levels must be in excess of 50 percent of the maximum allowable limits set in accordance with the Federal Safe Drinking Water Act.

�� (7) �Treatment works� has the meaning given that term in ORS 454.010. [1981 c.358 �1; 1983 c.235 �7; 1987 c.627 �8]

�� 454.280 Construction of treatment works by municipality; financing. Notwithstanding the provisions of ORS chapters 450, 451 and 454, or any city or county charter, treatment works may be constructed by a municipality and financed by the sale of general obligation bonds, revenue bonds or assessments against the benefited property without a vote in the affected area or municipality or without being subject to a remonstration procedure, when the findings and order are filed in accordance with ORS 454.310. The provisions of ORS 223.205 to 223.316 and 223.770 shall apply in so far as practicable to any assessment established as a result of proceedings under ORS 454.275 to 454.380. [1981 c.358 �2; 1995 c.333 �18; 1997 c.249 �153]

�� 454.285 Resolution or ordinance. (1) The governing body may adopt by resolution or ordinance a proposal to construct sewage treatment works and to finance the construction by revenue bonds, general obligation bonds or by assessment against the benefited property.

�� (2) The resolution or ordinance shall:

�� (a) Describe the boundaries of the affected area which must be located within a single drainage basin as identified in regional treatment works plans; and

�� (b) Contain findings that there is a threat to drinking water.

�� (3) The proposal must be approved by a majority vote of the governing body and does not require the approval of the residents or landowners in the affected area or municipality.

�� (4) The governing body shall forward a certified copy of the resolution or ordinance to the Environmental Quality Commission. Preliminary plans and specifications for the proposed treatment works shall be submitted to the commission with the resolution or ordinance. [1981 c.358 �3; 1983 c.235 �8]

�� 454.290 Study; preliminary plans. (1) The governing body shall order a study and the preparation of preliminary plans and specifications for the treatment works.

�� (2) The study shall include:

�� (a) Engineering plans demonstrating the feasibility of the treatment works and conformance of the plan with regional treatment works plans.

�� (b) Possible methods for financing the treatment works.

�� (c) The effect of the treatment works on property in the affected area. [1981 c.358 �4]

�� 454.295 Commission review; hearing; notice. (1) After receiving a certified copy of a resolution or ordinance adopted under ORS 454.285, the Environmental Quality Commission shall review and investigate conditions in the affected area. If substantial evidence reveals the existence of a threat to drinking water, the commission shall set a time and place for a hearing on the resolution or ordinance. The hearing shall be held within or near the affected area. The hearing shall be held not less than 50 days after the commission completes its investigation.

�� (2) The commission shall give notice of the time and place of the hearing on the resolution or ordinance by publishing the notice of adoption of the resolution or ordinance in a newspaper of general circulation within the affected area once each week for two successive weeks beginning not less than four weeks before the date of the hearing and by such other means as the commission deems appropriate in order to give actual notice of the hearing. [1981 c.358 �5]

�� 454.300 Conduct of hearing; notice of issuance of findings; petition for argument. (1) At the hearing on the resolution or ordinance, any interested person shall have a reasonable opportunity to be heard or to present written testimony. The hearing shall be for the purpose of determining whether a threat to drinking water exists in the affected area, whether the conditions could be eliminated or alleviated by treatment works and whether the proposed treatment works are the most economical method to alleviate the conditions. The hearing may be conducted by the Environmental Quality Commission or by a hearings officer designated by the commission. After the hearing the commission shall publish a notice of issuance of its findings and recommendations in the newspaper used for the notice of hearing under ORS 454.295 (2), advising of the opportunity for argument under subsection (2) of this section.

�� (2) Within 15 days after the publication of notice of issuance of findings any person or municipality that will be affected by the findings may petition the commission to present written or oral arguments on the proposal. If a petition is received, the commission shall set a time and place for argument. [1981 c.358 �6]

�� 454.305 Effect of findings; exclusion of areas; filing of findings. (1) If the Environmental Quality Commission finds a threat to drinking water does exist but treatment works would not alleviate the conditions, the commission shall terminate the proceedings.

�� (2) If the commission finds a threat to drinking water exists within the territory and the conditions could be removed or alleviated by the construction of treatment works, the commission shall order the governing body to proceed with construction of the treatment works.

�� (3) If the commission finds that a threat to drinking water exists in only part of the affected area or that treatment works would remove or alleviate the conditions in only part of the affected area, the commission may reduce the affected area to the size in which the threat to drinking water could be removed or alleviated. The findings shall describe the boundaries of the affected area as reduced by the commission.

�� (4) In determining whether to exclude any area, the commission must consider whether or not exclusion would unduly interfere with the removal or alleviation of the threat to drinking water and whether the exclusion would result in an illogical boundary for the provision of services.

�� (5) If the commission determines that a threat to drinking water exists but that the proposed treatment works are not the most economical method of removing or alleviating the conditions, the commission may issue an order terminating the proceedings under ORS 454.275 to 454.380, or referring the resolution or ordinance to the municipality to prepare alternative plans, specifications and financing methods.

�� (6) At the request of the commission the municipality or a boundary commission shall aid in determining the findings made under subsections (3) and (4) of this section.

�� (7) The commission shall file its findings and order with the governing body of the municipality. [1981 c.358 �7]

�� 454.310 Construction authorized upon commission approval; when connection may be required; final plans. (1) When a certified copy of the findings and order approving the proposal is filed with the governing body, the governing body shall order construction of the treatment works and proceed with the financing plan as specified in the order. As part of the construction of the treatment works, the governing body may require property owners in the affected area to connect to the treatment works. The governing body shall establish by ordinance the method the governing body will use to enforce a mandatory connection requirement.

�� (2) Within 12 months after receiving the Environmental Quality Commission�s order the municipality shall prepare final plans and specifications for the treatment works and proceed in accordance with the time schedule to construct the facility. [1981 c.358 �8; 1989 c.559 �1]

�� 454.315 [1973 c.424 �2; repealed by 1975 c.167 �13]

�� 454.317 Resolution or ordinance authorizing levy and collection of seepage charge. (1) When a certified copy of the findings and order approving the proposal is filed with the governing body as provided in ORS 454.305, the governing body may adopt a resolution or ordinance authorizing the levy and collection of a seepage charge upon all real properties served by on-site subsurface sewage disposal systems, as defined in ORS 454.605, within the boundaries of the affected area.

�� (2) A resolution or ordinance adopted under this section shall authorize the levy and collection of a seepage charge only in an affected area located entirely within a single drainage basin as identified in regional treatment works plans.

�� (3) A resolution or ordinance adopted under this section shall:

�� (a) Describe the boundaries of the affected area; and

�� (b) Contain an estimate of the commencement and completion dates for the proposed treatment works and a proposed schedule for the extension of sewer service into the affected area. [1983 c.235 �2]

�� 454.320 Hearing on resolution or ordinance; notice of levy. (1) The governing body shall give notice of the time and place of the hearing on the resolution or ordinance by publishing the notice of the intent to adopt the resolution or ordinance in a newspaper of general circulation within the affected area once each week for four successive weeks and by such other means as the governing body deems appropriate in order to give actual notice of the hearing. The hearing shall be held within or near the affected area described in the resolution or ordinance. At the hearing on the resolution or ordinance, any interested person shall have a reasonable opportunity to be heard or to present written testimony. The hearing shall be for the purpose of determining whether a seepage charge should be levied and collected.

�� (2) After the hearing held under this section, the governing body shall publish a notice of the levy of the seepage charge and thereafter proceed to levy and collect the seepage charge in such amount as in the discretion of the governing body will provide revenues for the payment of the principal and interest, in whole or in part, due on general obligation bonds or on revenue bonds issued by the governing body to construct the treatment works or to provide capital funds for the construction of treatment works. [1983 c.235 �3]

�� 454.325 [1973 c.424 �3; repealed by 1975 c.167 �13]

�� 454.330 County to collect seepage charge for municipality. (1) The county in which a municipality is levying a seepage charge under ORS 454.317 to 454.350 shall collect the seepage charge for the municipality.

�� (2) The county shall establish a separate account for each ordinance or resolution adopted by a municipality and imposing a seepage charge within the county. The seepage charges collected under an ordinance or resolution shall be credited only to the account established for that ordinance or resolution.

�� (3) Moneys in an account established under this section shall be disbursed only to the municipality for which the account was established.

�� (4) In order to receive funds under this section, a municipality must notify the county that the Environmental Quality Commission has ordered the governing body to proceed with construction of treatment works as provided in ORS 454.305 (2). Upon such notification, the county shall release funds from the appropriate account to the municipality. [1983 c.235 �4]

�� 454.335 [1973 c.424 �4; repealed by 1975 c.167 �13]

�� 454.340 Use of seepage charge; credit for system development charge; seepage charge to cease if user fee imposed. (1) All seepage charges levied and collected by the governing body shall be used for the construction of treatment works.

�� (2) System development charges for the installation or replacement of cesspools or septic tanks shall not be imposed by a municipality in any area in which seepage charges are imposed and collected under ORS 454.317 to 454.350. If an owner of real property against which seepage charges are imposed has already paid a system development charge for the installation or replacement of cesspools or septic tanks for that real property, the owner shall be allowed a credit against the seepage charge otherwise payable in an amount equal to the system development charge.

�� (3) When a user fee for the use of treatment works is imposed upon real property, all seepage charges levied against that real property shall cease.

�� (4) The governing body shall, by ordinance, allocate all of the seepage charges collected under ORS 454.317 to 454.350 for the purpose of allowing owners of real properties against which the seepage charges are imposed a credit against the future connection charges or system development charges otherwise due when those real properties are connected to treatment works.

�� (5) If the municipality levying the seepage charges is not the municipality imposing the connection charges or system development charges imposed at the time of connection to the treatment works, then the municipality levying the seepage charges shall transfer those seepage charges it has collected to the municipality imposing the connection charges or system development charges imposed at the time of connection to the treatment works. [1983 c.235 �6; 1985 c.680 �1]

�� 454.345 [1973 c.424 �5; repealed by 1975 c.167 �13]

�� 454.350 Effect of ORS 454.317 to 454.350 on contracts between municipalities. Nothing in ORS 454.317 to 454.350 prohibits contracts between municipalities under which a municipality may provide treatment facilities or services to another municipality. [1983 c.235 �5]

�� 454.355 [1973 c.424 �6; repealed by 1975 c.167 �13]

�� 454.360 Areawide 208 Plan as master plan for provision of sewage services. The Areawide 208 Plan, adopted pursuant to the Federal Water Pollution Control Act of 1972, P.L. 92-500, as amended, and any sewer implementation plan approved by the Environmental Quality Commission under ORS 454.275 to 454.380 shall be the governing master plan for the provision of sewage collection, treatment and disposal services by municipalities in an affected area. Any substantial amendment to such plan shall be submitted to and approved by the commission before taking effect. [1987 c.627 �2]

�� 454.365 Safety net program to provide financial relief. (1) Any municipality providing sewage collection, treatment and disposal services within an affected area shall approve and adopt a safety net program designed to provide financial relief to eligible property owners who would experience extreme financial hardship if required to pay costs associated with the construction of and connection to treatment works.

�� (2) A safety net program adopted under subsection (1) of this section:

�� (a) May include funds provided pursuant to ORS 454.430 to 454.445 and 468.220.

�� (b) May include, at the option of a municipality, funds contributed by the municipality. However, a municipality shall not be required to contribute such additional funds. [1987 c.627 �3]

�� 454.370 Citizens sewer advisory committee; membership; duties. (1) Each municipality providing sewage collection, treatment and disposal services within an affected area shall, after consultation with elected officials of the affected area, establish a citizens sewer advisory committee composed of persons directly affected by the order issued under ORS 454.305. The committee shall advise the Environmental Quality Commission and the governing body of the municipality on matters relating to the implementation of the commission�s order.

�� (2) The members of each citizens sewer advisory committee shall represent a cross section of businesses, homeowners and renters in the affected area and others affected by the order. At least two-thirds of the members shall reside or do business within the affected area. At least one-third of the members shall be persons eligible for financial relief under the safety net plan provided for in ORS

ORS 454.365

454.365 or persons who are members of or represent organizations that serve or represent individuals with low incomes or who are otherwise eligible for financial relief under the safety net plan.

�� (3) The citizens sewer advisory committee shall provide the commission and the governing body of the municipality with a copy of its minutes and recommendations. The municipality shall respond to any recommendation made by the advisory committee.

�� (4) Members of the citizens sewer advisory committees shall serve without compensation.

�� (5) The citizens sewer advisory committees within the affected area may meet jointly as necessary to carry out their responsibilities. [1987 c.627 �4; 1991 c.174 �1]

�� 454.375 Filing documentation of sewer charges; prohibited charges. (1) Before any property owner is required to pay for construction of or connection to treatment works constructed pursuant to ORS 454.275 to 454.380, the local governing body shall file with the Environmental Quality Commission documentation that connection charges and user charges levied for sewer service are based upon the cost of providing sewer service, according to reasonable cost-of-service sewer utility ratemaking principles. The existence of a city boundary shall not be used as a basis for imposing a sewer user rate or connection fee differential unless there are documented cost causative factors to justify the differential.

�� (2) Any assessment imposed by a local improvement district for the construction of treatment works pursuant to an order of the commission under ORS 454.305 shall not include costs incurred before September 27, 1987, that are associated with responding to litigation to amend or reverse the order or with development of the plan for constructing treatment works prepared pursuant to ORS 454.290. [1987 c.627 ��5,6]

�� 454.380 Limitation on spending for nonconstruction items; exception. (1) Not more than 20 percent of an assessment imposed by a municipality through a local improvement district for the construction of treatment works in an affected area pursuant to an order of the Environmental Quality Commission under ORS 454.305 shall be used to pay for nonconstruction items.

�� (2) As used in subsection (1) of this section, �nonconstruction items� includes engineering work, administrative expenses and legal fees.

�� (3) If a municipality submits the final local improvement district report to the citizens sewer advisory committee before final action of the governing body on the final local improvement district report, the limitation contained in subsection (1) of this section shall not apply. If the committee requests further documentation and explanation regarding the report, the municipality shall provide such information. Any findings of the committee following this review shall be reported to the commission and to the governing body of the municipality, along with any recommendations the committee may offer. [1987 c.627 �7]

BIOSOLIDS

�� Note: Sections 1 and 3, chapter 496, Oregon Laws 2025, provide:

�� Sec. 1. Study of PFAS found in biosolids; reports. (1) The Oregon State University Extension Service and the College of Agricultural Sciences of Oregon State University shall conduct a statewide study to better understand the occurrence and distribution of perfluoroalkyl and polyfluoroalkyl substances (PFAS) found in biosolids applied to agricultural fields that do not produce crops intended for human consumption.

�� (2) In conducting the study under this section, the extension service and the college shall collaborate with the Department of Environmental Quality and Oregon wastewater service providers to:

�� (a) Identify and quantify PFAS concentrations in selected biosolids from wastewater treatment facilities in this state;

�� (b) Identify and quantify PFAS concentrations in the soil profiles of selected agricultural fields that do not produce crops intended for human consumption, on which biosolids analyzed in paragraph (a) of this subsection have been applied to land as a soil amendment, and in adjacent agricultural fields without a history of biosolid application;

�� (c) Utilizing the data collected under paragraphs (a) and (b) of this subsection, determine the quantities of PFAS retained within and leached from soil profiles; and

�� (d) Identify and quantify PFAS concentrations in crops not intended for human consumption grown in agricultural fields analyzed under paragraph (b) of this subsection.

�� (3) Participation in the study by wastewater treatment service providers, farmers, land owners or land managers is voluntary.

�� (4) To the greatest extent possible, the extension service and the college shall use data collection methods that do not disclose the precise location of agricultural fields or wastewater treatment facilities or identify the owners of agricultural fields or wastewater treatment facilities that are the subjects of the study. In the reports submitted under subsection (5) of this section, the extension service and the college shall present summarized information or aggregated data that does not directly identify the location of agricultural fields or wastewater treatment facilities or identify the owners of agricultural fields or wastewater treatment facilities.

�� (5) The extension service and the college shall submit to the interim committees of the Legislative Assembly related to agriculture, in the manner provided by ORS

ORS 454.805

454.805�� Assessment for installation costs

TREATMENT WORKS

�� 454.010 Definitions for ORS 454.010 to 454.040. As used in ORS 454.010 to 454.040, unless the context requires otherwise:

�� (1) �Construction� means any one or more of the following: Preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items.

�� (2) �Industrial user� means a recipient of treatment works services for any liquid, gaseous, radioactive or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources.

�� (3) �Municipality� means any county, city, special service district or other governmental entity having authority to dispose of or treat or collect sewage, industrial wastes or other wastes, or any combination of two or more of the foregoing acting jointly.

�� (4) �Replacement� means those expenditures for obtaining and installing equipment, accessories, or appurtenances during the useful life of the treatment works necessary to maintain the capacity and performance for which such works are designed and constructed.

�� (5)(a) �Treatment works� means any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes, of a liquid nature, necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of residues resulting from such treatment.

�� (b) In addition to the definition contained in paragraph (a) of this subsection, �treatment works� means any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems. [1973 c.101 �2]

�� 454.020 Compliance with state and federal standards; enforcement. The Environmental Quality Commission may require each user of the treatment works of a municipality to comply with the toxic and pretreatment effluent standards and inspection, monitoring and entry requirements of the Federal Water Pollution Control Act, as enacted by Congress, October 18, 1972, and acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto. The commission may institute actions or proceedings for legal or equitable remedies to enforce such compliance. [1973 c.101 �5; 1979 c.284 �146]

�� 454.025 Limitation on siting or constructing treatment works or discharge. After January 1, 1991, no point source sewage treatment discharge shall be sited or constructed in the area generally defined as the Abernethy Creek Basin in Clackamas County. [1991 c.849 �2]

�� 454.030 Rates and charges to meet costs of treatment works; use of funds; enforcement. (1) A municipality is authorized to adopt a system of charges and rates to assure that each recipient of treatment works services within the municipality�s jurisdiction or service area will pay its proportionate share of the costs of operation, maintenance and replacement of any treatment works facilities or services provided by the municipality.

�� (2) A municipality is authorized to require industrial users of its treatment works to pay to the municipality that portion of the cost of construction of the treatment works which is allocable to the treatment of such industrial user�s wastes. The Department of Environmental Quality is authorized to determine whether the payment required of the industrial user for the portion of the cost of the construction of the treatment works is properly allocable to the treatment of the industrial user�s wastes.

�� (3) A municipality is authorized to retain the amounts of the revenues derived from the payment of costs by industrial users of its treatment works services and expend such revenues, together with interest thereon, for:

�� (a) Repayment to applicable agencies of government of any grants or loans made to the municipality for construction of the treatment works; and

�� (b) Future expansion and reconstruction of the treatment works; and

�� (c) Other municipal purposes.

�� (4) A municipality shall keep records, financial statements and books regarding its rates and charges and amounts collected on account of its treatment works and how such revenues are allocated. The Department of Environmental Quality may inspect such records, financial statements and books, audit them, or cause them to be audited, at such intervals as deemed necessary.

�� (5) In the event a municipality fails, neglects or refuses when required by the Environmental Quality Commission to adopt the system of charges and rates authorized by this section, or fails, neglects or refuses to comply with ORS 454.010 to 454.060, the commission may adopt a system of charges and rates as provided for in subsection (1) of this section and collect, administer and apply such revenues for the purposes of subsection (3) of this section.

�� (6) In lieu of proceeding in the manner set forth in subsection (5) of this section, the commission may institute actions or proceedings for legal or equitable remedies to enforce compliance with, or restrain violations of, ORS 454.010 to 454.060. [1973 c.101 �3; 1979 c.284 �147]

�� 454.040 Determination of costs payable by users. In determining the amount of treatment works costs to be paid by recipients of treatment works services, the municipality or, if applicable, the Environmental Quality Commission shall consider the strength, volume, types and delivery flow rate characteristics of the waste; the nature, location and type of treatment works; the receiving waters; and such other factors as deemed necessary. [1973 c.101 �4]

�� 454.050 Rules. The Environmental Quality Commission may adopt, modify or repeal rules, pursuant to ORS chapter 183, for the administration and implementation of ORS 454.010 to 454.060. [1973 c.101 �6]

�� 454.060 Powers in addition to other municipal or commission powers. The powers and authority granted to a municipality or the Environmental Quality Commission by ORS 454.010 to

ORS 455.085

455.085 in 1991]

PUBLIC ASSEMBLY STRUCTURES

�� 455.640 Definitions for ORS 455.640 to 455.645. (1) As used in ORS 455.640 to 455.645, unless the context otherwise requires, the words, terms and phrases defined in subsections (2) to (5) of this section shall have the meaning given them in those subsections.

�� (2) �Architect� means an architect as defined in ORS 671.010 in accordance with the rules and regulations of the State Board of Architect Examiners.

�� (3) �Certified structure� means a structure designed by a professional engineer or architect as defined in this section.

�� (4) �Professional engineer� means an engineer as defined in ORS 672.002 in accordance with the rules and regulations of the State Board of Examiners for Engineering and Land Surveying.

�� (5) �Structures of public assembly� means structures which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement or awaiting transportation. [Formerly 456.965]

�� Note: 455.640, 455.642 and 455.645 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.

�� 455.642 Application. The provisions of ORS 455.640 to 455.645 shall not be construed to apply to any building having a ground area of 4,000 square feet or less and which is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure. [Formerly 456.970]

�� Note: See note under 455.640.

�� 455.645 Certain plans for structures of public assembly to be certified. In order to safeguard life, health and property, all drawings and plans defining the framing systems, shoring systems and foundations for structures of public assembly shall be certified by a qualified professional engineer or qualified architect. The design of the certified structure of public assembly shall provide for resistance to lateral forces, including wind and earthquakes, as well as gravity loads, in accordance with accepted engineering practice and governing building codes. The design shall be accompanied by supporting lateral force calculations. [Formerly

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 458.210

458.210 to 458.240, including rules to define �persons of low and moderate income.� [1989 c.1030 �6]

�� 458.240 Effect of law on other community development corporations. Nothing in ORS 456.550 and 458.210 to 458.240 shall limit the authority or powers of community development corporations authorized pursuant to ORS 708A.150. [1989 c.1030 �9; 1997 c.631 �475]

HOUSING REVITALIZATION PROGRAM

�� 458.305 Legislative findings. The Legislative Assembly finds that:

�� (1) A critical shortage exists of suitable, affordable housing for households with an income below the median income. This shortage is particularly acute with respect to rental housing.

�� (2) During the past half decade, the supply of rental housing that is affordable to households at or below the median income level has not kept pace with the demand.

�� (3) The lack of suitable, affordable housing is a barrier to Oregon�s development.

�� (4) It is in the economic and social interest of the state to encourage public agencies and private parties to efficiently expand the supply of housing in Oregon for households at or below the median income level.

�� (5) The quantity of public resources available to support the expansion and rehabilitation of low and moderate income housing stock is limited. Consequently, it is the policy of this state to attempt to target the use of these resources so that a maximum amount of usable housing product is delivered to Oregon citizens at the minimum cost required for prudent program administration. [1989 c.1016 �1]

�� 458.310 Housing revitalization program; criteria; rules. (1) The Housing and Community Services Department shall adopt rules to develop and administer a housing revitalization program for low and moderate income housing.

�� (2) Applicants for revitalization program funds shall be:

�� (a) A unit of local government;

�� (b) A housing authority;

�� (c) A nonprofit corporation; or

�� (d) An applicant eligible under paragraph (a), (b) or (c) of this subsection who contracts with another entity, including a private for-profit corporation.

�� (3) Housing revitalization projects shall bring into use vacant and abandoned property or rehabilitate substandard property, or both. Eligible project activities include, but are not limited to:

�� (a) Purchase of property;

�� (b) Rehabilitation of housing units;

�� (c) New construction to replace units for which rehabilitation is infeasible;

�� (d) Mortgage interest subsidies or reduction of principal loan amounts; or

�� (e) Other activities that have the effect of making properties available to and occupied by persons of lower income, such as loan guarantees.

�� (4) Projects funded by the housing revitalization program shall be rental or owner-occupied single or multifamily housing.

�� (5) The housing rehabilitation program shall create affordable housing in which rent levels are no higher than 30 percent of 80 percent of median income levels.

�� (6) Priority shall be given to projects applied for under subsections (1) to (5) of this section that provide opportunities for low and moderate income persons to own their housing units.

�� (7) Priority among rental housing projects shall be given to projects applied for under subsections (1) to (5) of this section that:

�� (a) Have rent levels no higher than 30 percent of 50 percent of the median income level, or less;

�� (b) Are owned and operated by a nonprofit or a governmental unit; and

�� (c) Demonstrate a coordinated local effort to integrate housing, job placement and social services.

�� (8) In implementing this section and ORS 458.305, the department shall work to ensure a reasonable geographic distribution of funds among different regions of the state and shall place special emphasis on ensuring that funds are available to projects in rural areas. [1989 c.1016 �2; 1995 c.79 �269; 2009 c.11 �64; 2015 c.180 �15; 2023 c.193 �7]

HOUSING PREDEVELOPMENT COSTS

�� 458.312 Loans for affordable housing. (1) The Housing and Community Services Department shall award loans to be used for the predevelopment costs of developing new housing.

�� (2) Eligible predevelopment costs that may be funded by loans under this section include:

�� (a) Professional services, including architectural, engineering, land use planning or legal services;

�� (b) Studies, including site feasibility, market, environmental, traffic, land, zoning, geotechnical, arborist or capital needs assessments;

�� (c) Development fees, including entitlement, permitting or state application fees;

�� (d) Community engagement efforts; or

�� (e) Other costs that can be directly connected to and assist with specific development projects and meet standards developed by the department.

�� (3) Loans provided under this section may not be used to purchase land.

�� (4) To be eligible for loans under this section, the new housing must be subject to an affordability restriction making the property affordable to rent or own by a low income household, as defined in ORS 456.270, for a minimum period as established by the department, and may include housing that is established as part of a limited equity cooperative.

�� (5) Eligible entities for a loan under this section include only recipients that are a:

�� (a) Public benefit or religious nonprofit corporation;

�� (b) Federally recognized Indian tribe operating within this state;

�� (c) Housing authority; or

�� (d) Developer that is partnering with an identified entity described under paragraphs (a) to (c) of this subsection. [2025 c.380 �2]

�� Note: Section 3, chapter 380, Oregon Laws 2025, provides:

�� Sec. 3. (1) No later than June 1, 2026, the Housing and Community Services Department shall complete any initial rulemaking to administer the loan program under section 2 of this 2025 Act [458.312] and develop the loan applications.

�� (2) In adopting rules for, and developing and implementing, the loan program under this section, the department is directed to combine the program with the existing predevelopment loan programs operated by the department, including the Predevelopment Loan Program described in OAR 813-038, but excepting any program for agricultural workforce housing. [2025 c.380 �3]

POST-DISASTER HOUSING RECOVERY

�� 458.315 Supporting residential units damaged or destroyed by disaster; contracting. (1) As used in this section:

�� (a) �Disaster� means a declared disaster or emergency, as defined in ORS 401.685, that resulted in the loss or damage of residential units.

�� (b) �Residential units� includes recreational vehicles, manufactured dwellings, prefabricated structures, small homes and dwelling units of any type.

�� (2) Notwithstanding ORS 456.559, the Housing and Community Services Department may:

�� (a) Provide loans, grants or other forms of assistance to repair, replace, rebuild or address the infrastructure needs for residential units damaged or destroyed during a disaster.

�� (b) Support residents of residential units that were damaged or destroyed during a disaster, including by providing rental assistance, down payment assistance, housing navigation assistance, intermediate housing and assistance relating to housing or recovery associated with housing loss.

�� (c) Support the acquisition of land or property for housing for communities impacted by disaster.

�� (3) The department may contract with entities to take action under this section, including directly entering into construction contracts with general contractors or others and administering loans or grants to construct or repair damaged or destroyed residential units. [2023 c.435 �2]

�� 458.317 Disaster Housing Recovery Fund. (1) The Disaster Housing Recovery Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Disaster Housing Recovery Fund shall be credited to the fund.

�� (2) The fund consists of moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise.

�� (3) Moneys in the fund are continuously appropriated to the Housing and Community Services Department to carry out the purposes of ORS 458.315. [2023 c.435 �3]

�� 458.320 Agency provision of temporary housing or resources in response to emergency. (1) As used in this section, �specified agency� means the Oregon Department of Emergency Management, the Housing and Community Services Department or the Department of Human Services.

�� (2) If a specified agency causes temporary housing to be provided to displaced individuals in response to an emergency, the specified agency shall ensure that such temporary housing is safe and that it is provided in compliance with state and federal laws relating to discrimination, including but not limited to laws relating to housing discrimination, public accommodation discrimination and discrimination in the provision of government programs and services. For purposes of this section, such temporary housing is considered to be a dwelling within the meaning of ORS 659A.421 and the Fair Housing Act, 42 U.S.C. 3602.

�� (3) If a specified agency administers the distribution of federal resources to an affected community in response to an emergency, and members of the community are ineligible for such resources for any reason, including immigration status, the specified agency may provide similar or equivalent resources to those community members, subject to the availability of funds in the budget of the specified agency. [2023 c.444 �1]

�� Note: 458.320 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 458 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 458.350 [1989 c.916 �4; 1997 c.801 �35a; repealed by 2011 c.595 �113]

MANUFACTURED DWELLINGS AND PARKS

�� 458.352 Manufactured dwelling park loan program; eligibility; reporting. (1) As used in this section:

�� (a) �Average income� means an income that complies with income restrictions determined at the advice and consent of the Oregon Housing Stability Council, but not to exceed the greater of 100 percent of the statewide or local area median income adjusted for household size as determined annually by the Housing and Community Services Department using United States Department of Housing and Urban Development information.

�� (b) �Manufactured dwelling park� has the meaning given that term in ORS 446.003.

�� (c) �Nonprofit corporation� means a corporation that is exempt from income taxes under section 501(c)(3) or (4) of the Internal Revenue Code as amended and in effect on December 31, 2016.

�� (2) The Housing and Community Services Department shall provide one or more loans to nonprofit corporations to create manufactured dwelling park preservation and development programs that invest in, and provide loans for, the preservation, development and expansion of affordable manufactured dwelling parks in this state, including through:

�� (a) The repair or reconstruction of parks destroyed by natural disasters; or

�� (b) The acquisition and development of land for parks or for the expansion of parks in areas that have been affected by a natural disaster.

�� (3) To be eligible for a loan under this section, a nonprofit corporation shall demonstrate to the satisfaction of the department that the nonprofit corporation:

�� (a) Is a community development financial institution operating statewide to support investment in, and acquisition, renovation and construction of, affordable housing;

�� (b) Has the ability and capacity to provide the services and reporting required of the program described in subsections (4) and (6) of this section; and

�� (c) Meets other requirements established by the department regarding financial risk and availability or accessibility of additional resources.

�� (4) An eligible nonprofit corporation, with input from the department, shall develop a manufactured dwelling park development and preservation program that:

�� (a) Invests in, and loans funds to, other nonprofit corporations, housing authorities, manufactured dwelling park nonprofit cooperatives as defined in ORS 62.803, local units of government as defined in ORS 466.706, agencies as defined in ORS

ORS 458.665

458.665, financial support for an Oregon Veterans� Home is a permitted use of moneys from the Oregon Housing Fund. [1995 c.591 �6; 2005 c.22 �270; 2007 c.668 �2; 2009 c.595 �237; 2019 c.224 �4]

�� Note: See note under 408.365.

�� 408.385 Roseburg Oregon Veterans� Home; planning for and development of Fourth Oregon Veterans� Home. (1) The Director of Veterans� Affairs shall establish the Roseburg Oregon Veterans� Home.

�� (2) The director may seek federal grant funds from the United States Department of Veterans Affairs for the purpose of establishing the Roseburg Oregon Veterans� Home.

�� (3) If the director determines that The Dalles Oregon Veterans� Home, the Edward C. Allworth Veterans� Home and the Roseburg Oregon Veterans� Home facilities will not be sufficient to provide for the needs of the veterans of Oregon, the director may begin planning for and developing the Fourth Oregon Veterans� Home. [1995 c.591 �5; 2011 c.296 �1; 2011 c.657 �1a; 2019 c.224 �5]

�� Note: See note under 408.365.

�� 408.390 City acquisition of land for Oregon Veterans� Home. When such power is conferred or contained in their charters or Acts of incorporation, incorporated cities may purchase, receive, take and acquire by eminent domain, or otherwise, and within or without corporate limits, land and necessary or convenient means of access thereto by roads, ways, streets, railroad spurs, bridges, or the like, and sell or donate the same to the Director of Veterans� Affairs for the construction thereon of an Oregon Veterans� Home. Such acquisition and donation shall be deemed for the general use and benefit of the inhabitants of any city exercising the powers granted by this section and for the general use and benefit of the veterans of the State of Oregon. For the purpose of exercising the power of eminent domain under this section and ORS 408.395 or under the provision in any municipal charter based upon this section, such taking or acquisition shall be deemed to be for a public and municipal use. [Formerly 408.510]

�� 408.393 Incurring city indebtedness for Oregon Veterans� Home. In connection with the exercise of the powers granted by ORS 408.390, such incorporated cities may incur such indebtedness and issue such bonds, warrants or other evidences of debt as their respective charters may authorize. [Formerly 408.520]

�� 408.395 Condemnation of property for Oregon Veterans� Home. For the purpose of exercising the powers conferred by ORS 408.390, any incorporated city may bring and maintain any suit or action for the appropriation, condemnation or taking of real property within or without its corporate limits, in fee simple or otherwise, including riparian rights, rights of way and other easements. The city may proceed to have such property appropriated and the compensation therefor determined and paid, in the manner provided by law for exercising of the power of eminent domain by municipal corporations. [Formerly 408.530]

COUNTY AID TO VETERANS

�� 408.410 Appointment of county service officer; duties; annual budget requirement. (1) The county governing body in each county may appoint a service officer who shall give aid and assistance to any veteran, the spouse or dependents of the veteran or the survivors of the veteran, in applying for all benefits and aid to which they are entitled by federal, state or local laws, rules and regulations. The county governing body shall fix the compensation of the service officer, provide the service officer with an office and the necessary equipment therefor in the same manner as provided for any other county officer. If a county governing body appoints a service officer, the governing body shall also provide in the annual budget for expenditure of moneys sufficient to enable the county to employ the service officer, to properly maintain the office provided for the service officer and to pay the costs incurred by the service officer in providing assistance to veterans, spouses and dependents of veterans or survivors of veterans.

�� (2) As used in this section:

�� (a) �Survivor of a veteran� means the spouse or a dependent of a deceased veteran.

�� (b) �Veteran� has the meaning given that term in ORS 408.225. [Amended by 1995 c.557 �1; 2007 c.357 �6; 2009 c.41 �13; 2023 c.173 �10]

�� 408.420 Recording discharge papers. Each county clerk shall maintain in the office a special book in which the county clerk shall, upon request, record the final discharge of any veteran. A recording fee may not be collected when the veteran requesting the record is an actual resident of the county or was a resident at the time of entrance into the service of the United States. In all other cases a legal fee shall be charged. There shall be kept in connection with the record an alphabetical index referring to the name of the veteran whose name appears in each discharge paper so recorded. Books that are necessary for the recording of the discharge papers shall be paid for by the several counties in the manner provided for paying other claims against the county. [Amended by 2009 c.500 ��2,2a]

�� 408.425 Inspection of discharge papers. (1) Each county clerk who receives a request to inspect veteran discharge papers that are recorded under ORS 408.420 shall produce the recorded discharge papers for inspection if:

�� (a) The request for inspection is made in writing;

�� (b) The request sets forth the name, address and telephone number of the requester;

�� (c) The request sets forth the name and the date of birth or the last four digits of the Social Security number of the veteran; and

�� (d) The request is made by:

�� (A) The veteran or the spouse, legal guardian or personal representative of the veteran;

�� (B) A county veterans� service officer appointed under ORS 408.410;

�� (C) A representative of the Department of Veterans� Affairs; or

�� (D) A licensed funeral establishment seeking to ascertain if a decedent was a veteran for the purpose of obtaining veteran�s burial benefits.

�� (2) This section does not create a cause of action and may not be asserted as the basis of a per se negligence claim.

�� (3) Each county clerk may adopt additional policies in order to protect recorded discharge papers from malicious or unlawful use and policies regarding copying of recorded discharge papers.

�� (4) Each county clerk shall maintain in the records of the county clerk a copy of each request for inspection of recorded discharge information for a period of at least 10 years after the date the request is received by the county clerk. [2009 c.500 �3; 2009 c.500 �3a]

�� Note: 408.425 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 408.430 Free services to veterans rendered by court administrator or county clerk. The county clerk or a court clerk or court administrator shall administer all oaths required in matters of pensions, certify pension vouchers, affix the seal of the court whenever required, and make and prepare copies of any documents of record in the office and certify thereto any matter required by veterans seeking benefits from any agency or department of the State of Oregon or federal government, without any charge, fee or compensation. [Amended by 1993 c.223 �9]

MISCELLANEOUS VETERANS� BENEFITS

�� 408.440 Land of enlisted person exempt from foreclosure and judicial sale during war. No suit or action shall be commenced or maintained, during the period provided for in this section, to foreclose any mortgage upon real property, or to collect the debt secured thereby, if the land covered by the mortgage is owned, wholly or in part, by an enlisted person in the Army or Navy of the United States, who enlisted therein in the volunteer forces or who enlisted in the National Guard of the United States and of the State of Oregon and the organization of the enlisted person was called into the service of the United States. The lands of any such soldier or sailor shall be exempt from judicial sale for the satisfaction of any judgment during the period provided for in this section. This moratorium shall extend only during the period of actual service in the army or navy forces of the United States, and in no case shall begin prior to the day on which the Congress of the United States declares war, nor continue after 60 days subsequent to the conclusion of such war. All statutes of limitation in effect in this state shall be suspended during the period described in this section, as to such mortgages, debts and judgments.

�� 408.450 Duty to pay fees during military duty. No person in the military or naval service of the United States, or any auxiliary corps thereof, while exercising any privilege in this state by virtue of having paid an annual license or privilege fee to any state board or commission for the right to practice a profession or engage in a trade, shall lose such privilege because of failure to pay any such fee for any subsequent year during the period the person is in such service, unless dishonorably discharged therefrom. Upon being discharged from such service under honorable conditions and upon written application within 60 days of such discharge, every such person shall be restored to former status with respect to any such privilege without the necessity of paying the then current license fee.

�� 408.460 Certain claims payable out of General Fund. Lawful claims payable from the Memorial Fund, 116th Engineers, or the fund entitled Unclaimed Back Pay Due Second Oregon Volunteers, shall be paid, upon approval of the Adjutant General, from the General Fund.

�� 408.470 Persons entitled to interment in Spanish War Veterans� plot. All honorably discharged soldiers, sailors and marines who served in the forces of the United States during the Spanish War or Philippine Insurrection at any time between April 23, 1898, and July 4, 1902, who are now deceased or may hereafter die in Oregon or who being residents of Oregon die outside of Oregon, may be interred in the burial plot established pursuant to sections 1 to 3, chapter 72, Oregon Laws 1911.

�� 408.480 [Repealed by 2015 c.531 �1]

�� 408.485 Findings related to health care. The Legislative Assembly finds that:

�� (1) The United States Department of Veterans Affairs Veterans Health Administration should be encouraged to export its expertise in military sexual trauma, post-traumatic stress disorder and other conditions associated with military service to health care providers outside of the administration; and

�� (2) Health care providers outside of the administration should be encouraged to seek out continuing education in military sexual trauma, post-traumatic stress disorder and other conditions associated with military service. [2011 c.81 �1]

�� Note: 408.485 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 408 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 408.490 Purchase of United States flags for placement on veterans� graves. The county court or board of county commissioners of each county is authorized annually to budget and pay such amount of money as it may deem reasonable for the purpose of purchasing flags of the United States for placement, by any nationally chartered organization or organizations of war veterans, annually on or prior to Memorial Day, upon the graves of deceased war veterans of the United States who are interred within the county. [1953 c.355 �1]

�� 408.495 Employed veteran time off for Veterans Day. (1) An employer shall provide an employee who is a veteran as defined in ORS 408.225 with paid or unpaid time off for Veterans Day if:

�� (a) The employee would otherwise be required to work on that day; and

�� (b) The employee provides the employer with:

�� (A) At least 21 calendar days� notice that the employee intends to take time off for Veterans Day; and

�� (B) Documents showing that the employee is a veteran as defined in ORS 408.225.

�� (2) If the employer determines that providing time off under subsection (1) of this section would cause the employer to experience significant economic or operational disruption, or undue hardship as described in ORS 659A.121, the employer is not required to comply with subsection (1) of this section.

�� (3) The employer shall, at least 14 calendar days before Veterans Day, notify the employee whether the employee will be provided time off for Veterans Day and whether the time off will be paid or unpaid.

�� (4) If the employer determines that the employer cannot provide time off to all of the employees who requested time off under subsection (1) of this section, the employer shall:

�� (a) Deny time off to all employees who requested time off; or

�� (b) Deny time off to the minimum number of employees needed by the employer to avoid significant economic or operational disruption, or undue hardship as described in ORS

ORS 461.253

461.253 are suspended and are of no force or effect so long as such determination and adverse tax consequences are in effect. An order issued by a court under this section shall suspend ORS 461.250 (8) and 461.253 throughout this state. An order issued under this section shall be final and shall remain in effect unless or until overturned or modified by a subsequent court order or the order of a reviewing court. [1995 c.478 �5; 2003 c.58 �6]

�� Note: 461.257 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 461 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 461.260 Distribution of tickets and shares; rules. Upon recommendation of the Director of the Oregon State Lottery, the commission shall adopt rules specifying the manner of distribution, dissemination or sale of lottery tickets or shares to lottery game retailers or directly to the public, and the incentives, if any, for Oregon State Lottery employees, if any, engaged in such activities. [1985 c.2 �4(7); 1985 c.302 �4(7); 1985 c.458 �1(7); 1985 c.520 �1(7)]

LOTTERY GAME RETAILERS

�� 461.300 Selection of retailers; rules; contracts. (1) The Oregon State Lottery Commission shall adopt rules specifying the terms and conditions for contracting with lottery game retailers so as to provide adequate and convenient availability of tickets or shares to prospective buyers of each lottery game as appropriate for each such game. Nothing in this subsection is intended to preclude the lottery from selling tickets or shares directly to the public.

�� (2)(a) The Director of the Oregon State Lottery shall, pursuant to this chapter, and the rules of the commission, select as lottery game retailers such persons as deemed to best serve the public convenience and promote the sale of tickets or shares. A person under the age of 18 may not be a lottery game retailer. In the selection of a lottery game retailer, the director shall consider factors such as financial responsibility, integrity, reputation, accessibility of the place of business or activity to the public, security of the premises, the sufficiency of existing lottery game retailers for any particular lottery game to serve the public convenience and the projected volume of sales for the lottery game involved.

�� (b) Except when the director recommends, and the commission concludes, that it is reasonable and prudent to waive disclosure requirements under this section and that to do so will not jeopardize the fairness, integrity, security and honesty of the lottery, prior to the execution of any contract with a lottery game retailer, the lottery game retailer shall disclose to the lottery the names and addresses of the following:

�� (A) If the lottery game retailer is a corporation but not a nonprofit private club as described in ORS 471.175, the officers, each director who owns or controls three percent or more of the voting stock and each stockholder who owns 10 percent or more of the outstanding stock in such corporation.

�� (B) If the lottery game retailer is a trust, the trustee and all persons entitled to receive income or benefit from the trust.

�� (C) If the lottery game retailer is an association but not a nonprofit private club as described in ORS 471.175, the members, officers and directors.

�� (D) If the lottery game retailer is a subsidiary but not a nonprofit private club as described in ORS 471.175, the officers, each director who owns or controls three percent or more of the voting stock and each stockholder who owns 10 percent or more of the outstanding stock of the parent corporation thereof.

�� (E) If the lottery game retailer is a partnership, joint venture or limited liability company, all of the general partners, limited partners, joint venturers, members of a limited liability company whose investment commitment or membership interest is 10 percent or more, and managers of a limited liability company.

�� (F) If the parent company, general partner, limited partner, joint venturer, stockholder, member or manager of a limited liability company is itself a corporation, trust, association, subsidiary, partnership, joint venture or limited liability company, then the director may require that all of the information required by this paragraph be disclosed for such other entity as if it were itself a lottery game retailer to the end that full disclosure of ultimate ownership be achieved.

�� (G) If any member, 18 years of age or older, of the immediate family of any video lottery game retailer, or any member, 18 years of age or older, of the immediate family of any individual whose name is required to be disclosed under this paragraph, is involved in the video lottery game retailer�s business in any capacity, then all of the information required in this paragraph shall be disclosed for such immediate family member as if the family member were a video lottery game retailer.

�� (H) If any immediate family member, 18 years of age or older, of any lottery game retailer, other than a video lottery game retailer, or of any person whose name is required to be disclosed under this paragraph is involved in the lottery game retailer�s business in any capacity, then the lottery game retailer shall identify the immediate family member to the Oregon State Lottery, and shall report the capacity in which the immediate family member is involved in the lottery game retailer�s business if requested by the director. Full disclosure of immediate family members working in the business may be required only if the director has just cause for believing the immediate family member may be a threat to the fairness, integrity, security or honesty of the lottery.

�� (I) If the lottery game retailer is a nonprofit private club as described in ORS 471.175, the treasurer, officers, directors and trustees who oversee or direct the operation of the food, beverage, lottery or other gambling-related activities of the nonprofit private club and each manager in charge of the food, beverage, lottery or other gambling-related activities of the nonprofit private club.

�� (J) Any other person required by rule of the commission.

�� (c) Any person required to disclose information under paragraph (b) of this subsection shall disclose additional information for retail contract approval that the director determines to be appropriate.

�� (d) The commission may refuse to grant a lottery game retail contract to any lottery game retailer or any natural person whose name is required to be disclosed under paragraph (b) of this subsection, who has been convicted of violating any of the gambling laws of this state, general or local, or has been convicted at any time of any crime. The lottery may require payment by each lottery game retailer to the lottery of an initial nonrefundable application fee or an annual fee, or both, to maintain the contract to be a lottery game retailer.

�� (e) A person who is a lottery game retailer may not be engaged exclusively in the business of selling lottery tickets or shares. A person lawfully engaged in nongovernmental business on state or political subdivision property or an owner or lessee of premises which lawfully sells alcoholic beverages may be selected as a lottery game retailer. State agencies, except for the state lottery, political subdivisions or their agencies or departments may not be selected as a lottery game retailer. The director may contract with lottery game retailers on a permanent, seasonal or temporary basis.

�� (3) The authority to act as a lottery game retailer is not assignable or transferable.

�� (4) The director may terminate a contract with a lottery game retailer based on the grounds for termination included in the contract or commission rules governing the contract. The grounds for termination must include, but are not limited to, the knowing sale of lottery tickets or shares to any person under the age of 18 years or knowingly permitting a person under the age of 21 years to operate a video lottery game terminal.

�� (5) Notwithstanding subsection (4) of this section, when a lottery game retail contract requires the lottery game retailer to maintain a minimum weekly sales average, the lottery game retailer may avoid termination of the contract for failure to meet the minimum weekly sales average by agreeing, prior to termination, to pay the state lottery the difference between the actual weekly cost incurred by the lottery to maintain the contract and the weekly proceeds that are collected by the lottery from the sales of that lottery game retailer, less expenses that are dedicated by statute, rule or contract to other purposes. The director may not terminate the contract of a lottery game retailer for failure to meet a minimum weekly sales average unless the director first allows the lottery game retailer an opportunity to make the payment described in this subsection.

�� (6) The commission shall adopt by rule an alternative dispute resolution process for disputes arising from a contract with a lottery game retailer that must be included in every contract between the commission and lottery game retailers. The commission shall develop the dispute resolution process required by this section in conformity with ORS 183.502. [1985 c.2 �5(1) to (4); 1985 c.302 �5(1) to (4); 1995 c.728 �1; 1997 c.483 ��1,2; 1999 c.351 �17; 2003 c.58 �2; 2005 c.166 �1; 2005 c.267 �1; 2010 c.33 �3]

�� 461.310 Compensation for retailers. Upon recommendation of the Director of the Oregon State Lottery, the commission shall determine the compensation to be paid to lottery game retailers for their sales of lottery tickets or shares. Until the commission shall otherwise determine, the compensation paid to lottery game retailers shall be five percent of the retail price of the tickets or shares plus an incentive bonus of one percent based on attainment of sales volume or other objectives specified by the director for each lottery game. In cases of a lottery game retailer whose rental payments for premises are contractually computed in whole or in part, on the basis of a percentage of retail sales, and where such computation of retail sales is not explicitly defined to include sales of tickets or shares in a state-operated lottery, the compensation received by the lottery game retailer from the Oregon State Lottery shall be deemed to be the amount of the retail sale for the purposes of such contractual computation. [1985 c.2 �5(5); 1985 c.302 �5(5)]

�� 461.330 Display of certificate of authority; bond or letter of credit; payments for tickets or shares. (1) No lottery tickets or shares shall be sold by a lottery game retailer unless the lottery game retailer has on display on the premises a certificate of authority signed by the Director of the Oregon State Lottery to sell lottery tickets or shares.

�� (2) The director may require a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 from any lottery game retailer in an amount specified in the Oregon State Lottery rules adopted by the commission or may purchase a blanket bond or a blanket letter of credit issued by an insured institution as defined in ORS 706.008 covering the activities of all or a selected group of lottery game retailers.

�� (3) No payment by lottery game retailers to the lottery for tickets or shares shall be in cash. All such payments shall be in the form of a check, bank draft, electronic fund transfer or other recorded financial instrument as determined by the director. [1985 c.2 �5(7) to (9); 1985 c.302 �5(7) to (9); 1991 c.331 �66; 1997 c.631 �476]

�� 461.335 Temporary letter of authority; grounds for revocation. (1) The Oregon State Lottery Commission may grant a temporary letter of authority for a period not to exceed 90 days on change of ownership applications for certificates of authority granted under this chapter if the applicant pays the fee prescribed by the commission for a temporary letter of authority. A temporary letter of authority issued under this section does not constitute a lottery game retail contract for the purposes of ORS 461.300.

�� (2) The commission, summarily and without prior administrative proceedings, may revoke a temporary letter of authority any time during the 90 days if the commission finds that any of the grounds for refusing a lottery game retail contract or terminating a contract under ORS 461.300 exist.

�� (3) A person subject to subsection (2) of this section shall be given an interview under the direction of the commission if the person requests an interview prior to revocation of a temporary letter of authority. However, the proceedings are not a contested case under ORS chapter 183. [2001 c.150 �2]

LOTTERY VENDORS AND CONTRACTORS

�� 461.400 Procurements. Notwithstanding other provisions of law, the Director of the Oregon State Lottery may purchase or lease such goods or services as are necessary for effectuating the purposes of this chapter. The commission may not contract with any private party or nongovernmental entity for the operation and administration of the Oregon State Lottery established by this chapter. However, the foregoing shall not preclude procurements which integrate functions such as lottery game design, supply of goods and services, advertising and public relations. In all procurement decisions, the director and Oregon State Lottery Commission shall take into account the particularly sensitive nature of the state lottery, shall consider the lottery�s potential contribution to the development of and citizen�s access to the state�s telecommunications infrastructure, and shall act to promote and insure integrity, security, honesty and fairness in the operation and administration of the state lottery and the objective of raising net revenues for the benefit of the public purpose described in section 4, Article XV of the Constitution of the State of Oregon. [1985 c.2 �6(1); 1985 c.302 �6(1); 1991 c.962 �11]

�� 461.410 Vendor disclosure for major procurements. (1) In order to allow an evaluation by the Oregon State Lottery of the competence, integrity, background, character and nature of the true ownership and control of lottery vendors, any person who submits a bid, proposal or offer as part of a procurement for a contract for the printing of tickets used in any lottery game, any goods or services involving the receiving or recording of number selection in any lottery game, or any goods or services involving the determination of winners in any lottery game, which are hereby referred to as major procurements, shall first disclose at the time of submitting such bid, proposal or offer to the state lottery all of the following items:

�� (a) A disclosure of the lottery vendor�s name and address and, as applicable, the name and address of the following:

�� (A) If the vendor is a corporation, the officers, directors and each stockholder in such corporation; except that, in the case of stockholders of publicly held equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to beneficially own 15 percent or more of such securities need be disclosed.

�� (B) If the vendor is a trust, the trustee and all persons entitled to receive income or benefit from the trust.

�� (C) If the vendor is an association, the members, officers and directors.

�� (D) If the vendor is a subsidiary, the officers, directors and each stockholder of the parent corporation thereof; except that, in the case of stockholders of publicly held equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to beneficially own 15 percent or more of such securities need be disclosed.

�� (E) If the vendor is a partnership or joint venture, all of the general partners, limited partners or joint venturers.

�� (F) If the parent company, general partner, limited partner or joint venturer of any vendor is itself a corporation, trust, association, subsidiary, partnership or joint venture, then all of the information required in this section shall be disclosed for such other entity as if it were itself a vendor to the end that full disclosure of ultimate ownership be achieved.

�� (G) If any member of the immediate family of any vendor is involved in the vendor�s business in any capacity, then all of the information required in this section shall be disclosed for such immediate family member as if the family member were a vendor.

�� (H) If the vendor subcontracts any substantial portion of the work to be performed to a subcontractor, then all of the information required in this section shall be disclosed for such subcontractor as if it were itself a vendor.

�� (I) The persons or entities in subparagraphs (A) to (H) of this paragraph, along with the vendor itself, shall be referred to as control persons.

�� (b) A disclosure of all the states and jurisdictions in which each control person does business, and the nature of that business for each such state or jurisdiction.

�� (c) A disclosure of all the states and jurisdictions in which each control person has contracts to supply gaming goods or services, including, but not limited to, lottery goods and services and the nature of the goods or services involved for each such state or jurisdiction.

�� (d) A disclosure of all the states and jurisdictions in which each control person has applied for, has sought renewal of, has received, has been denied, has pending or has had revoked a gaming license of any kind, and the disposition of such in each such state or jurisdiction. If any gaming license has been revoked or has not been renewed or any gaming license application has been either denied or is pending and has remained pending for more than six months, all of the facts and circumstances underlying this failure to receive such a license must be disclosed.

�� (e) A disclosure of the details of any conviction or judgment of a state or federal court of each control person of any felony and any other criminal offense other than traffic offenses.

�� (f) A disclosure of the details of any bankruptcy, insolvency, reorganization or any pending litigation of each control person.

�� (g) A disclosure for each control person who is a natural person of employment, residence, education and military history since the age of 18 years, and any federal, state or local elective position ever held by such person.

�� (h) A disclosure consolidating all reportable information on all reportable contributions by each control person to any local, state or federal political candidate or political committee in this state for the past five years that is reportable under any existing state or federal law.

�� (i) A disclosure of the identity of any entity with which each control person has a joint venture or other contractual arrangement to supply any state or jurisdiction with gaming goods or services, including a disclosure with regard to such entity of all of the information requested under paragraphs (a) to (h) of this subsection.

�� (j) A disclosure consisting of financial statements of the lottery vendor for the past three years.

�� (k) A disclosure of any economic interest as contemplated by ORS 244.060 and 244.070, known to the lottery vendor to be held by any of the persons named in ORS 244.050 (1)(a), any lottery commissioner, the lottery director, or the assistant directors of the state lottery, in any lottery vendor or its control persons.

�� (L) Such additional disclosures and information as the director may determine to be appropriate for the procurement involved.

�� (2) No contract for a major procurement with any vendor who has not complied with the disclosure requirements described in this section for each of its control persons shall be entered into or be enforceable. Any contract with any lottery contractor who does not comply with such requirements for periodically updating such disclosures from each of its control persons during the tenure of such contract as may be specified in such contract may be terminated by the commission. [1985 c.2 �6(2); 1985 c.302 �6(2)(a) to (m)]

�� 461.420 Contract with vendor convicted of crime prohibited. No contract for a major procurement with any lottery vendor shall be entered into if any control person of that lottery vendor has been convicted of a crime, unless, after investigation, the finding of the commission determines that the crime bears no relationship to the lottery vendor�s ability to perform honestly in carrying out the contract. [1985 c.2 �6(2)(m); 1985 c.302 �6(2)(n)]

�� 461.430 Contractor required to comply with applicable laws; performance bond. (1) A lottery contractor shall perform its contract consistent with the laws of this state, federal law, and laws of the state or states in which the lottery contractor, in whole or in part, performs services or produces goods required by the contract.

�� (2) At the time specified in the contract, a lottery contractor shall post performance security with the Oregon State Lottery Commission in a form and an amount acceptable to the commission and issued by a surety, financial institution, insurer, escrow agent or other person acceptable to the commission if the lottery contractor:

�� (a) Prints tickets used in a lottery game;

�� (b) Provides goods or performs services involving the receipt or recording of number selections in a lottery game; or

�� (c) Provides goods or performs services involving the determination of winners in a lottery game. [1985 c.2 �6(3),(4); 1985 c.302 �6(3),(4); 1989 c.418 �1; 2009 c.185 �1]

�� 461.440 Commission�s authority to contract; rules. Subject to rules adopted by the commission, the Director of the Oregon State Lottery may enter into all contracts necessary to accomplish the purposes of this chapter. The rules shall cover contracts for materials, supplies, equipment, services and professional services and to the extent that is reasonable shall follow the public policy of open competitive procurement. The commission shall also consider security, competence, experience, timely performance and maximization of net revenues in developing rules governing procurement actions. All contract awards for major procurements shall be approved by the commission. [1985 c.2 �6(5); 1985 c.302 �6(5)]

�� 461.445 Policy on payment to contractors. In establishing its schedule of payments to contractors, the Oregon State Lottery Commission shall undertake to develop a system that maximizes the net revenue to the state for the public purpose consistent with providing a reasonable rate of return for contractors. [1991 c.962 �12]

�� Note: 461.445 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 461 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

LOTTERY FINANCES

�� 461.500 Lottery to be self-supporting; allocation of revenues. (1) Except for such moneys as are necessary to temporarily fund the start-up of the state-operated lottery established by the Constitution of the State of Oregon and this chapter, the Oregon State Lottery shall operate as a self-supporting revenue-raising agency of state government and appropriations, loans or other transfers of state funds may not be made to it.

�� (2) At least 84 percent of the total annual revenues from the sale of state lottery tickets or shares shall be returned to the public in the form of prizes and net revenues benefiting the public purpose described in Article XV, section 4, of the Constitution of the State of Oregon. At least 50 percent of the total annual revenues shall be returned to the public in the form of prizes as described in this chapter. All unclaimed prize money shall remain the property of the commission and shall be allocated to the benefit of the public purpose.

�� (3) No more than 16 percent of the total annual revenues shall be allocated for payment of expenses of the state lottery as described in this chapter. To the extent that expenses, including the contingency reserve, of the state lottery are less than 16 percent of the total annual revenues as described in this chapter, any surplus funds shall also be allocated to the benefit of the public purpose.

�� (4) For the purpose of ensuring the integrity, security, honesty and fairness of the state lottery, the Oregon State Lottery may use moneys allocated, as costs of administration, for the payment of expenses of the state lottery pursuant to subsection (3) of this section for expenses incurred to:

�� (a) Adopt and implement rules intended to minimize problem gambling risks and mitigate problem gambling harms;

�� (b) Advertise the availability of problem gambling treatment programs in this state, including contact information for the programs;

�� (c) Collect and report data, and establish metrics, regarding problem gambling; and

�� (d) Cooperate with or assist the Oregon Health Authority and providers of problem gambling treatment programs to the extent that the cooperation or assistance is consistent with the mission, described in ORS 461.200, to operate the state lottery so as to produce the maximum amount of net revenues to benefit the public purpose described in Article XV, section 4, of the Constitution of the State of Oregon, commensurate with the public good. [1985 c.2 �1(4),(5); 1985 c.302 �1(4),(5); 2014 c.56 �1]

�� 461.510 State Lottery Fund; types of disbursements. (1) All money payable to the commission shall be deposited in a fund known as the State Lottery Fund. The State Lottery Fund shall receive all proceeds from the sale of lottery tickets or shares, the temporary loan for initial start-up costs and all other moneys credited to the Oregon State Lottery from any other lottery-related source. The State Lottery Fund is continuously appropriated for the purpose of administering and operating the commission and the state lottery.

�� (2) Disbursements shall be made from the State Lottery Fund for any of the following purposes:

�� (a) The payment of prizes to the holders of valid winning lottery tickets or shares;

�� (b) Expenses of the commission and the state lottery;

�� (c) Repayment of any funds advanced from the temporary loan for initial start-up costs and the interest on any such funds advanced; and

�� (d) Transfer of funds from the State Lottery Fund to the benefit of the public purpose described in section 4, Article XV of the Constitution of the State of Oregon.

�� (3) As nearly as practical, at least 50 percent of the total projected revenue, computed on a year-round basis, accruing from the sales of all state lottery tickets or shares shall be apportioned for payment of prizes.

�� (4) Expenses of the state lottery shall include all costs incurred in the operation and administration of the state lottery and all costs resulting from any contracts entered into for the purchase or lease of goods or services required by the commission including, but not limited to, the costs of supplies, materials, tickets, independent audit services, independent studies, data transmission, advertising, promotion, incentives, public relations, communications, compensation paid to lottery game retailers, bonding for lottery game retailers, printing, distribution of tickets and shares, reimbursing other governmental entities for services provided to the state lottery, transfers to a contingency reserve, and for any other goods and services necessary for effectuating the purposes of this chapter. No more than 16 percent of the total annual revenues accruing from the sale of all lottery tickets and shares from all lottery games shall be allocated for the payment of the expenses of the state lottery. The commission shall determine the amount necessary for a reasonable contingency reserve within the amount allocated for payment of expenses.

�� (5) The state lottery shall pay all prizes and all of its expenses out of the revenues it receives from the sale of tickets and shares to the public and turn over the net proceeds therefrom to a fund to be established by the Legislative Assembly from which the Legislative Assembly shall make appropriations for the benefit of the public purpose described in section 4, Article XV of the Constitution of the State of Oregon.

�� (6) Moneys in the State Lottery Fund may be invested as provided in ORS 293.701 to 293.857. Interest earned by the fund shall be credited to the fund. [1985 c.2 �7(1) to (5); 1985 c.302 �7(1) to (5); 1987 c.268 �2; 1989 c.966 �52; 2009 c.821 �30b]

�� 461.512 Management of lottery moneys received by county; report on use of moneys. (1) For purposes of this section:

�� (a) �Dedicated fund� means a fund in the county treasury, or a separate account in the county treasury, that is dedicated, appropriated or set aside for purposes that further economic development.

�� (b) �Furthering economic development� has the meaning given that term in ORS 461.540.

�� (2)(a) When a county receives moneys that are derived either directly or indirectly from funds from the State Lottery Fund under section 4, Article XV of the Oregon Constitution, and ORS chapter 461, and the moneys are to be used for the purpose of furthering economic development, the county:

�� (A) Shall deposit the moneys into a dedicated fund; and

�� (B) May use a reasonable portion of the moneys to employ a person to manage the moneys in the dedicated fund, make the report required by subsection (3) of this section, verify that moneys are used for purposes that further economic development in the county and provide technical assistance to persons or entities receiving disbursements from the dedicated fund.

�� (b) Moneys received as described in this subsection may not be placed in the general fund of the county.

�� (3) On or before October 1 of each year, each county that has received moneys as described in subsection (2) of this section shall file a report with the Oregon Department of Administrative Services for posting on the Oregon transparency website as provided in ORS 276A.253 stating:

�� (a) The amount of moneys received by the county as described in subsection (2) of this section;

�� (b) The purpose and use of moneys that have been disbursed from the dedicated fund during the prior calendar or fiscal year; and

�� (c) Work and services provided by the person employed under subsection (2) of this section. [2011 c.385 �1]

�� Note: 461.512 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 461 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 461.520 Establishment of checking accounts and petty cash fund. (1) The Director of the Oregon State Lottery is authorized to establish in the State Treasury checking accounts as may be required to disburse by check the payment of any disbursement authorized by ORS 461.510 (2) from the State Lottery Fund as well as any transfer to the State Lottery Fund as may be required.

�� (2) Notwithstanding the provisions of ORS 461.510 (1), the director is authorized to direct the deposit of any and all moneys payable to the commission to the credit of any checking account in the State Treasury created for processing State Lottery Fund moneys.

�� (3) The commission is authorized to establish a petty cash fund in an amount not to exceed $1,000 from any funds made available to the commission. The petty cash fund shall operate in accordance with the procedures defined in ORS 293.180. [1985 c.302 �7(6)]

�� 461.530 Oregon State Lottery Fund. There is hereby created within the General Fund the Oregon State Lottery Fund which is continuously appropriated for the purpose of administering and operating the commission and the Oregon State Lottery. [1985 c.2 �1(6); 1985 c.302 �1(6)]

�� 461.535 Intercollegiate Athletic Fund. The Intercollegiate Athletic Fund is created separate and distinct from the General Fund. The fund shall consist of revenues credited to the Sports Lottery Account under ORS 461.543 (4) and any other revenues available to the fund. [1989 c.828 �1; 1991 c.461 �81; 1991 c.962 �3; 2005 c.810 �1]

�� 461.540 Administrative Services Economic Development Fund. (1) There is established in the General Fund of the State Treasury the Administrative Services Economic Development Fund. All moneys transferred from the State Lottery Fund, interest earnings credited to this fund and other moneys authorized to be transferred to this fund from whatever source are appropriated continuously for any of the following public purposes:

�� (a) Creating jobs;

�� (b) Furthering economic development in Oregon; or

�� (c) Financing public education.

�� (2) Moneys shall be transferred from the Administrative Services Economic Development Fund to:

�� (a) The Education Stability Fund established under ORS 348.696 as described in section 4, Article XV of the Oregon Constitution; and

�� (b) The School Capital Matching Fund established under ORS 286A.806 as described in section 4, Article XI-P of the Oregon Constitution.

�� (3) As used in this section and section 4, Article XV of the Oregon Constitution:

�� (a) �Creating jobs� includes, but is not limited to:

�� (A) Supporting the creation of new jobs in Oregon;

�� (B) Helping prevent the loss of existing jobs in Oregon;

�� (C) Assisting with work transition to new jobs in Oregon; or

�� (D) Training or retraining workers.

�� (b) �Education� includes, but is not limited to, the Education Stability Fund established under ORS 348.696 and specific programs that support the following:

�� (A) Prekindergartens;

�� (B) Elementary and secondary schools;

�� (C) Community colleges;

�� (D) Higher education;

�� (E) Continuing education;

�� (F) Workforce training and education programs; or

�� (G) Financial assistance to Oregon students.

�� (c) �Furthering economic development� includes, but is not limited to, providing:

�� (A) Services or financial assistance to for-profit and nonprofit businesses located or to be located in Oregon;

�� (B) Services or financial assistance to business or industry associations to promote, expand or prevent the decline of their businesses; or

�� (C) Services or financial assistance for facilities, physical environments or development projects, as defined in ORS 285B.410, that benefit Oregon�s economy. [1985 c.302 �7(7); 1995 c.12 �7; 2002 s.s.3 c.6 �18; 2005 c.835 �27; 2009 c.872 �3; 2011 c.699 �8]

(Outdoor School Education Fund)

�� Note: The Act that comprises sections 1 to 4, chapter 2, Oregon Laws 2017 (Ballot Measure 99 (2016)), was proposed by initiative petition and was approved by the people at the regular general election on November 8, 2016. The leadlines for sections 1, 3 and 4, chapter 2, Oregon Laws 2017, were enacted as part of Ballot Measure 99 and were not provided by Legislative Counsel. Legislative Counsel has standardized the paragraph indents but has not otherwise adjusted the format of the text that was approved by the people.

�� Note: Sections 1 to 4, chapter 2, Oregon Laws 2017, provide:

�� Section 1. Findings (1) Since the late 1950s, nearly one million Oregon students have attended Outdoor School, a unique week-long, field science program giving students the opportunity to study natural sciences and responsible use of natural resources in collaboration with students from other schools.

�� (2) Currently, only about half of Oregon students attend Outdoor School. Most remaining programs have been significantly shortened. Rural and lower income districts have been particularly affected.

�� (3) Every Oregon student in the fifth or sixth grade should have the opportunity to attend a week-long outdoor school program or a comparable outdoor education program.

�� (4) Outdoor School builds self-sufficiency and leadership skills, helps students understand the interdependence of Oregon�s rural and urban areas, develops critical thinking skills and improves school attendance and retention rates.

�� (5) Fully supporting Outdoor School for all Oregon students will help students meet state standards in the areas of science, technology, engineering and mathematics through direct, hands-on experience, which is shown to strongly influence learning and career choices.

�� (6) Fully supporting Outdoor School for all Oregon students will create jobs throughout Oregon as well as support economic development in rural areas.

�� (7) Under Article XV, Section 4 of the Oregon Constitution, net proceeds from the Oregon Lottery shall be used to create jobs, further economic development, finance public education and restore and protect Oregon�s parks, beaches, watersheds, and native fish and wildlife. [2017 c.2 �1]

�� Sec. 2. (1) The Outdoor School Education Fund is created within the State Treasury, separate and distinct from the General Fund.

�� (2) Moneys in the Outdoor School Education Fund shall consist of:

�� (a) Amounts donated to the fund;

�� (b) Amounts allocated under subsection (3) of this section or otherwise transferred to the fund by the Legislative Assembly;

�� (c) Investment earnings received on moneys in the fund; and

�� (d) Other amounts deposited in the fund from any source.

�� (3) In each fiscal quarter, commencing with the first quarter in the biennium beginning July 1, 2017, there is allocated from the Administrative Services Economic Development Fund to the Outdoor School Education Fund established in this section an amount equal to the lesser of:

�� (a) Four percent of the moneys transferred from the Oregon State Lottery Fund in that fiscal quarter; or

�� (b) $5.50 million, but not to exceed $22 million annually, adjusted annually pursuant to 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) The allocation of funds to the Outdoor School Education Fund shall not reduce lottery proceeds dedicated to education under Article XV, section 4, of the Oregon Constitution, or to the restoration and preservation of parks, beaches, watersheds and native fish and wildlife under Article XV, sections 4a and 4b, of the Oregon Constitution. [2017 c.2 �2; 2019 c.57 �23] � Section 3. Purpose of Outdoor School Education Fund (1) The primary purpose of the Outdoor School Education Fund is to provide every Oregon student in fifth or sixth grade the opportunity to attend a week-long outdoor school program, or an equivalent outdoor education experience that reflects local community needs, consistent with provisions of Enrolled Senate Bill 439 (2015 Regular Session) [chapter 782, Oregon Laws 2015].

�� (2) Any moneys remaining in the Outdoor School Education Fund after providing every Oregon student in fifth or sixth grade with an opportunity to attend a week-long Outdoor School may be used by the Oregon State University Extension Service to support the development and delivery of additional outdoor education programs in Oregon�s K-12 public schools. [2017 c.2 �3]

�� Section 4. Continuous Appropriation Moneys in the fund are continuously appropriated to the Oregon State University Extension Service to support, administer and fund an Outdoor School program as set forth in Enrolled Senate Bill 439 (2015 Regular Session) [chapter 782, Oregon Laws 2015] and additional outdoor education programs for Oregon K-12 children. [2017 c.2 �4]

�� 461.543 Sports Lottery Account; distribution of revenues. (1) Except as otherwise specified in subsection (5) of this section, the Sports Lottery Account is continuously appropriated to and shall be used by the Higher Education Coordinating Commission to fund sports programs at public universities listed in ORS 352.002. Seventy percent of the revenues in the fund shall be used to fund nonrevenue producing sports and 30 percent shall be used for revenue producing sports. Of the total amount available in the fund, at least 50 percent shall be made available for women�s athletics.

�� (2) The commission shall allocate moneys in the Sports Lottery Account among the public universities, giving due consideration to:

�� (a) The athletic conference to which the public university belongs and the relative costs of competing in that conference.

�� (b) The level of effort being made by the public university to generate funds and support from private sources.

�� (3) As used in subsections (1) to (3) of this section, �revenue producing sport� is a sport that produces net revenue over expenditures during a calendar year or if its season extends into two calendar years, produces net revenue over expenditures during the season.

�� (4) An amount equal to one percent of the moneys transferred to the Administrative Services Economic Development Fund from the State Lottery Fund shall be allocated from the Administrative Services Economic Development Fund to the Sports Lottery Account.

�� (5) The amounts received by the Sports Lottery Account shall be allocated as follows:

�� (a) Eighty-eight percent for the purposes specified in subsections (1) to (3) of this section, but not to exceed $8 million annually, adjusted annually pursuant to 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.

�� (b) Twelve percent for the purpose of scholarships, to be distributed equally between scholarships based on academic merit and scholarships based on need, as determined by rule of the commission, but not to exceed $1,090,909 annually.

�� (c) All additional money to the commission for the Oregon Opportunity Grant program under ORS 348.260. [1989 c.828 ��2,4(3) and (4); 1991 c.461 �82; 1991 c.780 �28; 1999 c.704 �25; 1999 c.1070 �16; 2005 c.810 �2; 2011 c.637 �275; 2013 c.768 �143b; 2015 c.27 �52; 2015 c.624 �6; 2019 c.57 �24]

�� 461.544 Use of proceeds of video lottery games. All net proceeds from video lottery games shall be allocated to the Administrative Services Economic Development Fund. [1991 c.461 ��1,78; 1993 c.18 �118; 1995 c.814 �9]

�� Note: 461.544 to 461.549, 461.555,

ORS 465.015

465.015. The assistance may include but need not be limited to:

�� (a) Information clearinghouse activities;

�� (b) Telephone hotline assistance;

�� (c) Toxics use reduction and hazardous waste reduction training workshops;

�� (d) Establishing a technical publications library;

�� (e) The development of a system to evaluate the effectiveness of toxics use reduction and hazardous waste reduction measures;

�� (f) The development of a recognition program to publicly acknowledge toxics users and conditionally exempt generators that complete and implement successful toxics use reduction and hazardous waste reduction plans; and

�� (g) Direct on-site assistance to toxics users and conditionally exempt generators in completing the plans.

�� (3) The department shall:

�� (a) Coordinate its technical assistance efforts with industry trade associations and local colleges and universities as appropriate.

�� (b) Follow up with toxics users that receive technical assistance to determine whether the user or generator implemented a toxics use reduction and hazardous waste reduction plan.

�� (c) Coordinate and work with local agencies to provide technical assistance to businesses involved in the crushing of motor vehicles concerning the safe removal and proper disposal of mercury light switches from motor vehicles.

�� (4) Technical assistance services provided under this section shall not result in inspections or other enforcement actions unless there is reasonable cause to believe there exists a clear and immediate danger to the public health and safety or to the environment. The Environmental Quality Commission may develop rules to carry out the intent of this subsection. [1989 c.833 �5; 2001 c.924 �9; 2005 c.206 �5]

�� 465.015 Toxics use and hazardous waste reduction plan required; composition; exemption; retention at facility. (1) Except as provided in subsection (2) of this section, a person shall, within 120 days after notification in writing by the Department of Environmental Quality that the person meets the definition of a toxics user, complete a toxics use reduction and hazardous waste reduction plan. At a minimum, a plan shall include:

�� (a) A written policy articulating organizational support for the toxics use reduction and hazardous waste reduction plan and a commitment by the organization to implement plan goals.

�� (b) A description of its scope and objectives, including the evaluation of technologies, procedures and personnel training programs to ensure unnecessary toxic substances are not used and unnecessary waste is not generated.

�� (c) Internal analysis and periodic assessment of individual processes for toxics use and hazardous waste generation.

�� (d) Identification of opportunities to reduce or eliminate toxics use and hazardous waste generation.

�� (e) Employee awareness and training programs that involve employees in toxics use reduction and hazardous waste reduction planning and implementation.

�� (f) Institutionalization of the plan by incorporating the plan into management practices and procedures.

�� (2) A person is not required to complete a plan if the person has implemented an environmental management system, as defined in ORS 468.172.

�� (3) A toxics user shall incorporate into the plan and associated decision-making process, the costs of using toxic substances and generating hazardous waste. The costs may represent, among other things, the costs of management, liability insurance, regulatory compliance and oversight.

�� (4) As part of each plan, a toxics user shall evaluate technically and economically practicable toxics use reduction and hazardous waste reduction opportunities for:

�� (a) Any toxic substance for which the toxics user reports as a large user; and

�� (b) Any hazardous waste representing 10 percent or more by weight of the cumulative hazardous waste stream generated per year.

�� (5) A toxics user shall explain the rationale for each toxics use reduction and waste reduction opportunity specified in the plan, including any impediments, such as technical or economic barriers, to toxics use reduction and hazardous waste reduction.

�� (6) A toxics use reduction and hazardous waste reduction plan developed under this section or the documentation for an environmental management system shall be retained at the facility. To the extent that a plan or system may be considered a public record under ORS 192.311, the information contained in the plan or system is confidential and is exempt from public disclosure pursuant to ORS 192.355.

�� (7) It is the policy of this state that plans developed under this section be kept current and that the plans reflect changes in toxics use over time. In furtherance of this policy, a toxics user may update its plan or modify its environmental management system to reflect any changes. [1989 c.833 �7; 1997 c.384 �1; 2005 c.206 �6]

�� 465.018 Notification of Department of Environmental Quality upon completion of plan or system; implementation summary required; inspection of plan or system. (1) Following completion of a toxics use reduction and hazardous waste reduction plan under ORS 465.015 or implementation of an environmental management system, a toxics user shall notify the Department of Environmental Quality in a form determined by the department that the plan or system is in place.

�� (2) Twelve months after notifying the department under subsection (1) of this section, the toxics user shall provide an implementation summary to the department.

�� (3) Twenty-four months after notifying the department under subsection (1) of this section, the toxics user shall provide a second implementation summary to the department.

�� (4) A toxics user shall permit the Director of the Department of Environmental Quality or the director�s designee to inspect a plan or system to allow the department to:

�� (a) Determine the adequacy of the plan or system under ORS 465.021;

�� (b) Assess the implementation of the plan or system; and

�� (c) Provide technical assistance under ORS 465.012.

�� (5) The department shall make implementation summaries submitted to the department under this section available to the public, including making the summaries available in a commonly used, electronic format on the World Wide Web. [1989 c.833 �8; 2005 c.206 �7]

�� 465.020 [Amended by 1979 c.284 �151; repealed by 1989 c.846 �15]

�� 465.021 Review of plan or system; notification of inadequacies in plan, system or summary; revisions; penalty. (1) The Department of Environmental Quality may review and determine the adequacy of a toxics use reduction and hazardous waste reduction plan or an environmental management system.

�� (2) If a toxics user fails to complete an adequate plan, implement an adequate system or submit an adequate implementation summary, the department may notify the toxics user of the inadequacy, identifying the specific deficiencies. The department also may specify a reasonable time frame, of not less than 90 days, within which the toxics user shall modify the plan, system or implementation summary to address the specified deficiencies. The department also may make technical assistance available to aid the toxics user in modifying its plan, system or implementation summary.

�� (3) If the department determines that a modified plan, system or implementation summary is inadequate, the department may require that further modifications be made within a time frame specified by the department.

�� (4) If after having received notice of specified deficiencies from the department, a toxics user fails to develop an adequate plan, system or summary within a time frame specified pursuant to subsection (2) or (3) of this section, the department may assess a civil penalty in the manner provided by ORS 183.745 in an amount not to exceed $500 for each day that the toxics user fails to develop an adequate plan, system or summary.

�� (5) In reviewing the adequacy of any plan, system or summary, the department shall base its determination solely on whether the plan, system or summary is complete and prepared in accordance with ORS 465.015 or 465.032. [1989 c.833 �9; 2005 c.206 �8]

�� 465.024 [1989 c.833 �10; 1997 c.384 �2; repealed by 2005 c.206 �11]

�� 465.027 Contract for assistance with higher education institution. Subject to available funding, the Department of Environmental Quality shall contract with an established institution of higher education to assist the department in carrying out the provisions of ORS 465.003 to 465.034. The assistance shall emphasize strategies to encourage toxics use reduction and hazardous waste reduction and shall provide assistance to facilities under ORS 465.003 to 465.034. The assistance may include but need not be limited to:

�� (1) Engineering internships;

�� (2) Engineering curriculum development;

�� (3) Applied toxics use reduction and hazardous waste reduction research; and

�� (4) Engineering assistance to users and generators. [1989 c.833 �12]

�� 465.030 [Repealed by 1989 c.846 �15]

�� 465.031 [1989 c.833 �14; repealed by 2005 c.206 �11]

�� 465.032 Form of implementation summary; information required. An implementation summary submitted to the Department of Environmental Quality under ORS 465.018 shall be in a form determined by the department and shall include, but not be limited to:

�� (1) A summary of how the toxics use reduction and hazardous waste reduction plan or environmental management system has been implemented;

�� (2) A description of specific successes that the toxics user has had in reducing the use of toxic substances or the generation of hazardous wastes;

�� (3) An estimate of the challenges and impediments to implementing and evaluating toxics use reduction and hazardous waste reduction opportunities; and

�� (4) A description of future plans for toxics use reduction and hazardous waste reduction. [2005 c.206 �2]

�� 465.034 Application of ORS 465.003 to 465.034. Notwithstanding any provision of ORS 465.003 to 465.034, nothing in ORS 465.003 to 465.034 applies to:

�� (1) Hazardous wastes generated from a removal, as defined in ORS 465.200, or from a one-time event.

�� (2) A raw material that contains a naturally occurring toxic substance and that is used in a process for which there is no substitute. [1989 c.833 �16; 2005 c.206 �9]

�� 465.037 Short title. ORS 465.003 to 465.034 shall be known as the Toxics Use Reduction and Hazardous Waste Reduction Act. [1989 c.833 �1]

�� 465.040 [Amended by 1971 c.743 �372; repealed by 1989 c.846 �15]

�� 465.050 [Amended by 1971 c.743 �373; repealed by 1989 c.846 �15]

�� 465.060 [Repealed by 1989 c.846 �15]

�� 465.070 [Repealed by 1989 c.846 �15]

�� 465.090 [Amended by 1971 c.743 �374; repealed by 1989 c.846 �15]

�� 465.100 [1977 c.850 �2; 1985 c.728 �83; 1987 c.914 �26; renumbered 464.430 in 1987]

BULK PETROLEUM PRODUCT WITHDRAWAL REGULATION

�� 465.101 Definitions for ORS 465.101 to 465.131. As used in ORS 465.101 to 465.131:

�� (1) �Bulk facility� means a facility, including pipeline terminals, refinery terminals, rail and barge terminals and associated underground and aboveground tanks, connected or separate, from which petroleum products are withdrawn from bulk and delivered into a cargo tank or barge used to transport those products.

�� (2) �Cargo tank� means an assembly used for transporting, hauling or delivering petroleum products and consisting of a tank having one or more compartments mounted on a wagon, truck, trailer, truck-trailer, railcar or wheels. �Cargo tank� does not include any assembly used for transporting, hauling or delivering petroleum products that holds less than 100 gallons in individual, separable containers.

�� (3) �Department� means the Department of Revenue.

�� (4) �Person� means an individual, trust, firm, joint stock company, corporation, partnership, joint venture, consortium, association, state, municipality, commission, political subdivision of a state or any interstate body, any commercial entity and the federal government or any agency of the federal government.

�� (5) �Petroleum product� means a petroleum product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol-blended fuels, aviation gasoline, kerosene, distillate fuel oil and number 1 and number 2 diesel. The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing or fuel sold to vessels engaged in interstate or foreign commerce.

�� (6) �Withdrawal from bulk� means the removal of a petroleum product from a bulk facility for delivery directly into a cargo tank or a barge to be transported to another location other than another bulk facility for use or sale in this state. [1989 c.833 �139]

�� 465.104 Fees for petroleum product delivery or withdrawals; exceptions; registration of facility operators. (1) The seller of a petroleum product withdrawn from a bulk facility, on withdrawal from bulk of the petroleum product, shall collect from the person who orders the withdrawal a petroleum products withdrawal delivery fee in the maximum amount of $10.

�� (2) Any person who imports petroleum products in a cargo tank or a barge for delivery into a storage tank, other than a tank connected to a bulk facility, shall pay a petroleum products import delivery fee in the maximum amount of $10 to the Department of Revenue for each such delivery of petroleum products into a storage tank located in the state.

�� (3) Subsections (1) and (2) of this section do not apply to a delivery or import of petroleum products destined for export from this state if the petroleum products are in continuous movement to a destination outside the state.

�� (4) The seller of petroleum products withdrawn from a bulk facility and each person importing petroleum products shall remit payment on a quarterly basis on January 1, April 1, July 1 and October 1.

�� (5) Each operator of a bulk facility and each person who imports petroleum products shall register with the Department of Revenue at least 30 days prior to operating a bulk facility or importing a cargo tank of petroleum products. [1989 c.833 �140; 2005 c.22 �340]

�� 465.106 Amount of fee to be set by State Fire Marshal; rules. The State Fire Marshal shall establish by rule the amount of the fee required under ORS 465.104 necessary to provide funding for the state�s oil, hazardous material and hazardous substance emergency response program, as described in ORS 465.127. [1993 c.707 �3]

�� 465.110 [Amended by 1953 c.540 �5; 1967 c.470 �62; 1969 c.684 �16; 1983 c.470 �6; repealed by 1989 c.846 �15]

�� 465.111 Department of Revenue to collect fee; exemption from fee of protected petroleum products. (1) The Department of Revenue shall collect the fee imposed under ORS 465.104.

�� (2) Any petroleum product which the Constitution or laws of the United States prohibit the state from taxing is exempt from the fee imposed under ORS 465.104. [1989 c.833 �142]

�� 465.112 Amounts held in trust; enforcement. (1) Every seller of a petroleum product withdrawn from a bulk facility required to collect the fee imposed by ORS 465.101 to 465.131 is deemed to hold the same in trust for the State of Oregon and for the payment thereof to the Department of Revenue in the manner and at the time provided by ORS 465.104.

�� (2) If the seller fails to remit any amount of the fee deemed to be held in trust for the State of Oregon, the department may enforce collection by the issuance of a distraint warrant for the collection of the delinquent amount and all penalties, interest and collection charges accrued on the delinquent amount. The warrant shall be issued, docketed and proceeded upon in the same manner and shall have the same force and effect as warrants for the collection of delinquent income taxes.

�� (3)(a) In the case of a seller that is assessed pursuant to the provisions of ORS 305.265 (12) and 314.407 (1), the department may issue a notice of liability to any officer, employee or member of the seller within three years from the time of assessment. Within 30 days from the date the notice of liability is mailed to the officer, employee or member, the officer, employee or member shall pay the assessment, plus penalties and interest, or advise the department in writing of objections to the liability and, if desired, request a conference. Any conference shall be governed by the provisions of ORS 305.265 pertaining to a conference requested from a notice of deficiency.

�� (b) After a conference or, if no conference is requested, a determination of the issues considering the written objections, the department shall mail the officer, employee or member a conference letter affirming, canceling or adjusting the notice of liability. Within 90 days from the date the conference letter is mailed to the officer, employee or member, the officer, employee or member shall pay the assessment, plus penalties and interest, or appeal to the tax court in the manner provided for an appeal from a notice of assessment.

�� (c) If neither payment nor written objection to the notice of liability is received by the department within 30 days after the notice of liability has been mailed, the notice of liability becomes final. In this event, the officer, employee or member may appeal the notice of liability to the tax court within 90 days after it became final in the manner provided for an appeal from a notice of assessment.

�� (4)(a) In the case of a failure to remit payment on the due date, the department may send notices of determination and assessment to any officer, employee or member any time within three years after the assessment. The time of assessment against the officer, employee or member shall be 30 days after the date the notice of determination and assessment is mailed. Within 30 days from the date the notice of determination and assessment is mailed to the officer, employee or member, the officer, employee or member shall pay the assessment, plus penalties and interest, or advise the department in writing of objections to the assessment and, if desired, request a conference. Any conference shall be governed by the provisions of ORS 305.265 pertaining to a conference requested from a notice of deficiency.

�� (b) After a conference or, if no conference is requested, a determination of the issues considering the written objections, the department shall mail the officer, employee or member a conference letter affirming, canceling or adjusting the notice of determination and assessment. Within 90 days from the date the conference letter is mailed to the officer, employee or member, the officer, employee or member shall pay the assessment, plus penalties and interest, or appeal in the manner provided for an appeal from a notice of assessment.

�� (c) If neither payment nor written objection to the notice of determination and assessment is received by the department within 30 days after the notice of determination and assessment has been mailed, the notice of determination and assessment becomes final. In this event, the officer, employee or member may appeal the notice of determination and assessment to the tax court within 90 days after it became final in the manner provided for an appeal from a notice of assessment.

�� (5)(a) More than one officer, employee or member of a seller may be held jointly and severally liable for payment of fees.

�� (b) Notwithstanding the provisions of ORS 314.835, 314.840 or 314.991, if more than one officer, employee or member of a seller may be held jointly and severally liable for payment of fees, the department may require any or all of the officers, employees or members who may be held liable to appear before the department for a joint determination of liability. The department shall notify each officer, employee or member of the time and place set for the determination of liability.

�� (c) Each person notified of a joint determination under this subsection shall appear and present any information as is necessary to establish that person�s liability or nonliability for remitting payment of fees to the department. If any person notified fails to appear, the department shall make its determination on the basis of all the information and evidence presented. The department�s determination shall be binding on all persons notified and required to appear under this subsection.

�� (d)(A) If an appeal is taken to the Oregon Tax Court pursuant to ORS 305.404 to 305.560 by any person determined to be liable for unremitted fees under this subsection, each person required to appear before the department under this subsection shall be impleaded by the plaintiff. The department may implead any officer, employee or member who may be held jointly and severally liable for the remitting payment of fees. Each person impleaded under this paragraph shall be made a party to the action before the tax court and shall make available to the tax court any information as was presented before the department, as well as any other information as may be presented to the court.

�� (B) The court may determine that one or more persons impleaded under this paragraph are liable for unpaid fees without regard to any earlier determination by the department that an impleaded person was not liable for unpaid fees.

�� (C) If any person required to appear before the court under this subsection fails or refuses to appear or bring such information in part or in whole, or is outside the jurisdiction of the tax court, the court shall make its determination on the basis of all the evidence introduced. All such evidence shall constitute a public record and shall be available to the parties and the court notwithstanding ORS 314.835, 314.840 or 314.991. The determination of the tax court shall be binding on all persons made parties to the action under this subsection.

�� (e) This section may not be construed to preclude a determination by the department or the Oregon Tax Court that more than one officer, employee or member are jointly and severally liable for unremitted fees. [2021 c.212 �5]

�� 465.114 Extension of time for paying fee; interest on extended payment. The Department of Revenue for good cause may extend, for not to exceed one month, the time for payment of the fee due under ORS 465.101 to 465.131. The extension may be granted at any time if a written request is filed with the department within or prior to the period for which the extension may be granted. If the time for payment is extended at the request of a person, interest at the rate established under ORS 305.220, from the time the payment was originally due to the time payment is actually made, shall be added and paid. [1989 c.833 �143; 2017 c.278 �23]

�� 465.117 Records of petroleum products transactions; inspection by Department of Revenue. (1) Each operator of a bulk facility and each person who imports petroleum products into this state shall keep at the person�s registered place of business complete and accurate records of any petroleum products sold, purchased by or brought in or caused to be brought in to the place of business.

�� (2) The Department of Revenue, upon oral or written reasonable notice, may make such examinations of the books, papers, records and equipment required to be kept under this section as it may deem necessary in carrying out the provisions of ORS 465.101 to 465.131. [1989 c.833 �144]

�� 465.120 [Amended by 1979 c.284 �152; repealed by 1989 c.846 �15]

�� 465.121 Rules. The Department of Revenue is authorized to establish those rules and procedures for the implementation and enforcement of ORS 465.101 to 465.131 that are consistent with its provisions and are considered necessary and appropriate. [1989 c.833 �145]

�� 465.124 Application of ORS chapters 305 and 314 to fee collection. The provisions of ORS chapters 305 and 314 as to liens, delinquencies, claims for refund, issuance of refunds, conferences, appeals to the Oregon Tax Court, stay of collection pending appeal, cancellation, waiver, reduction or compromise of fees, penalties or interest, subpoenaing and examining witnesses and books and papers, and the issuance of warrants and the procedures relating thereto, shall apply to the collection of fees, penalties and interest by the Department of Revenue under ORS 465.101 to 465.131, except where the context requires otherwise. [1989 c.833 �146; 1995 c.650 �61]

�� 465.127 Disposition of fees; administrative expenses; other uses. All moneys received by the Department of Revenue under ORS 465.101 to 465.131 shall be deposited in the State Treasury and credited to a suspense account established under ORS

ORS 465.310

465.310, the Department of Environmental Quality may place moneys for the purpose of providing financial assistance in reserve status or subaccounts within the Hazardous Substance Remedial Action Fund. Moneys placed in reserve status or subaccounts under this section in connection with a financial assistance agreement shall not be subject to claims under ORS 465.260 or otherwise except as provided in the financial assistance agreement. [1989 c.833 �111]

�� 465.315 Standards for degree of cleanup required; Hazard Index; risk protocol; hot spots of contamination; exemption; rules. (1)(a) Any removal or remedial action performed under the provisions of ORS 465.200 to 465.485 and 465.900 shall attain a degree of cleanup of the hazardous substance and control of further release of the hazardous substance that assures protection of present and future public health, safety and welfare and of the environment.

�� (b) The Director of the Department of Environmental Quality shall select or approve remedial actions that are protective of human health and the environment. The protectiveness of a remedial action shall be determined based on application of both of the following:

�� (A) The acceptable risk level for exposures. For protection of humans, the acceptable risk level for exposure to individual carcinogens shall be a lifetime excess cancer risk of one per one million people exposed, and the acceptable risk level for exposure to noncarcinogens shall be the exposure that results in a Hazard Index number equal to or less than one. �Hazard Index number� means a number equal to the sum of the noncarcinogenic risks (hazard quotient) attributable to systemic toxicants with similar toxic endpoints. For protection of ecological receptors, if a release of hazardous substances causes or is reasonably likely to cause significant adverse impacts to the health or viability of a species listed as threatened or endangered pursuant to 16 U.S.C. 1531 et seq. or ORS 496.172, or a population of plants or animals in the locality of the facility, the acceptable risk level shall be the point before such significant adverse impacts occur.

�� (B) A risk assessment undertaken in accordance with the risk protocol established by the Environmental Quality Commission in accordance with subsection (2)(a) of this section.

�� (c) A remedial action may achieve protection of human health and the environment through:

�� (A) Treatment that eliminates or reduces the toxicity, mobility or volume of hazardous substances;

�� (B) Excavation and off-site disposal;

�� (C) Containment or other engineering controls;

�� (D) Institutional controls;

�� (E) Any other method of protection; or

�� (F) A combination of the above.

�� (d) The method of remediation appropriate for a specific facility shall be determined through an evaluation of remedial alternatives and a selection process to be established pursuant to rules adopted by the commission. The director shall select or approve a protective alternative that balances the following factors:

�� (A) The effectiveness of the remedy in achieving protection;

�� (B) The technical and practical implementability of the remedy;

�� (C) The long term reliability of the remedy;

�� (D) Any short term risk from implementing the remedy posed to the community, to those engaged in the implementation of the remedy and to the environment; and

�� (E) The reasonableness of the cost of the remedy. The cost of a remedial action shall not be considered reasonable if the costs are disproportionate to the benefits created through risk reduction or risk management. Subject to the preference for treatment of hot spots, when two or more remedial action alternatives are protective as provided in paragraph (b) of this subsection, the least expensive remedial action shall be preferred unless the additional cost of a more expensive alternative is justified by proportionately greater benefits within one or more of the factors set forth in subparagraphs (A) to (D) of this paragraph. The director shall use a higher threshold for evaluating the reasonableness of the costs for treating hot spots than for remediation of areas other than hot spots.

�� (e) For contamination constituting a hot spot as defined by the commission pursuant to subsection (2)(b) of this section, the director shall select or approve a remedial action requiring treatment of the hot spot contamination unless treatment is not feasible considering the factors set forth in paragraph (d) of this subsection. For contamination constituting a hot spot under subsection (2)(b)(A) of this section, the director shall evaluate, with the same preference as treatment, the excavation and off-site disposal of the contamination at a facility authorized for such disposal under state or federal law. For excavation and off-site disposal of contamination that is a hazardous waste as described in ORS 466.005, the director shall consider the method and distance for transportation of the contamination to available disposal facilities in selecting or approving a remedial action that is protective under subsection (1)(d) of this section. If requested by the responsible party or recommended by the Department of Environmental Quality, the director may select or approve excavation and off-site disposal as the remedial action for contamination constituting a hot spot under subsection (2)(b)(A) of this section.

�� (f) The Department of Environmental Quality shall develop or identify generic remedies for common categories of facilities considering the balancing factors set forth in paragraph (d) of this subsection. The department�s development of generic remedies shall take into consideration demonstrated remedial actions and technologies and scientific and engineering evaluation of performance data. Where a generic remedy would be protective and satisfy the balancing factors under paragraph (d) of this subsection at a specific facility, the director may select or approve the generic remedy for that site on a streamlined basis with a limited evaluation of other remedial alternatives.

�� (g) Subject to paragraphs (b) and (d) of this subsection, in selecting or approving a remedial action, the director shall consider current and reasonably anticipated future land uses at the facility and surrounding properties, taking into account current land use zoning, other land use designations, land use plans as established in local comprehensive plans and land use implementing regulations of any governmental body having land use jurisdiction, and concerns of the facility owner, neighboring owners and the community.

�� (2) The commission shall adopt rules:

�� (a) Establishing a risk protocol for conducting risk assessments. The risk protocol shall:

�� (A) Require consideration of existing and reasonably likely future human exposures and significant adverse effects to ecological receptor health and viability, both in a baseline risk assessment and in an assessment of residual risk after a remedial action;

�� (B) Require risk assessments to include reasonable estimates of plausible upper-bound exposures that neither grossly underestimate nor grossly overestimate risks;

�� (C) Require risk assessments to consider, to the extent practicable, the range of probabilities of risks actually occurring, the range of size of the populations likely to be exposed to the risk, current and reasonably likely future land uses, and quantitative and qualitative descriptions of uncertainties;

�� (D) Identify appropriate sources of toxicity information;

�� (E) Define the use of probabilistic modeling;

�� (F) Identify criteria for the selection and application of fate and transport models;

�� (G) Define the use of high-end and central-tendency exposure cases and assumptions;

�� (H) Define the use of population risk estimates in addition to individual risk estimates;

�� (I) To the extent deemed appropriate and feasible by the commission considering available scientific information, define appropriate approaches for addressing cumulative risks posed by multiple contaminants or multiple exposure pathways, including how the acceptable risk levels set forth in subsection (1)(b)(A) of this section shall be applied in relation to cumulative risks; and

�� (J) Establish appropriate sampling approaches and data quality requirements.

�� (b) Defining hot spots of contamination. The definition of hot spots shall include:

�� (A) Hazardous substances that are present in high concentrations, are highly mobile or cannot be reliably contained, and that would present a risk to human health or the environment exceeding the acceptable risk level if exposure occurs.

�� (B) Concentrations of hazardous substances in ground water or surface water that have a significant adverse effect on existing or reasonably likely future beneficial uses of the water and for which treatment is reasonably likely to restore or protect such beneficial use within a reasonable time.

�� (3) Except as provided in subsection (4) of this section, the director may exempt the on-site portion of any removal or remedial action conducted under ORS 465.200 to

ORS 466.265

466.265 regulating the disposal of PCB including, but not limited to, rules for the operation and maintenance of a PCB disposal facility, the Environmental Quality Commission shall provide for the best practicable disposal of the PCB in a manner that will minimize the possibility of adverse effects on the public health and safety or environment.

�� (2) The Department of Environmental Quality shall investigate and analyze in detail the disposal methods and procedures required to be adopted by rule under subsection (1) of this section and ORS 466.265 and shall report its findings and recommendations to the commission. [1985 c.670 �17]

�� 466.275 Permit application for PCB disposal facility. Permit applications submitted to the Department of Environmental Quality for managing, operating, constructing, developing or establishing a PCB disposal facility must contain the following:

�� (1) The management program for the operation of the facility including the person to be responsible for the operation of the facility and a resume of the person�s qualifications, the proposed method of disposal, the proposed method of pretreatment or decontamination of the facility, if any, and the proposed emergency measures to be provided at the facility.

�� (2) A description of the size and type of facility to be constructed, including the height and type of fencing to be used, the size and construction of structures or buildings, warning signs, notices and alarms to be used, the type of drainage and waste treatment facilities and maximum capacity of such facilities, the location and source of each water supply to be used and the location and the type of fire control facilities to be provided at the facility.

�� (3) A preliminary engineering sketch and flow chart showing proposed plans and specifications for the construction and development of the disposal facility and the waste treatment and water supply facilities, if any, to be used at the facility.

�� (4) The exact location and place where the applicant proposes to operate and maintain the PCB disposal facility, including the legal description of the lands included within the facility.

�� (5) A geologist�s survey report indicating land formation, location of water resources and direction of the flows thereof and the geologist�s opinion relating to the potential of contamination of water resources including but not limited to possible sources of such contamination.

�� (6) The names and addresses of the applicant�s current or proposed insurance carriers, including copies of insurance policies then in effect. [1985 c.670 �18; 1987 c.540 �40]

�� 466.280 Copies of application to be sent to affected state agencies. Upon receipt of an application for a PCB disposal facility permit, the Department of Environmental Quality shall cause copies of the application to be sent to affected state agencies, including the Oregon Health Authority, the Public Utility Commission, the State Fish and Wildlife Commission and the Water Resources Director. Each agency shall respond within the period specified by the Department of Environmental Quality by making a written recommendation as to whether the permit application should be granted. Recommendation from other agencies shall be considered in determining whether to grant the permit. [1985 c.670 �19; 1987 c.540 �41; 2009 c.595 �945]

�� 466.285 Notice of hearings on application. (1) Prior to holding hearings on a PCB disposal facility permit application, the Environmental Quality Commission shall cause notice to be given in the county or counties where the proposed facility is to be located in a manner reasonably calculated to notify interested and affected persons of the permit application.

�� (2) The notice shall contain information regarding the approximate location of the facility and the type and amount of PCB intended for disposal at the facility, and shall fix a time and place for a public hearing. In addition, the notice shall contain a statement that any person interested in or affected by the proposed PCB disposal facility shall have opportunity to testify at the hearing. [1985 c.670 �20; 1987 c.540 �42]

�� 466.290 Public hearing in area of proposed facility required. The Environmental Quality Commission shall conduct a public hearing in the county or counties where a proposed PCB disposal facility is located and may conduct hearings at other places as the Department of Environmental Quality considers suitable. At the hearing the applicant may present the application and the public may appear or be represented in support of or in opposition to the application. [1985 c.670 �21]

�� 466.295 Examination of applications; recommendation to commission; decision as to issuance; notice to applicant. (1) At the close of the application period under ORS 466.040, the Department of Environmental Quality shall examine and review all PCB disposal facility permit applications submitted to the Environmental Quality Commission and make such investigations as the department considers necessary, and make a recommendation to the commission as to whether to issue the permit.

�� (2) After reviewing the department�s recommendations under subsection (1) of this section, the commission shall decide whether or not to issue the permit. It shall cause notice of its decision to be given to the applicant by certified mail at the address designated in the application. The decision of the commission is subject to judicial review under ORS 183.480. [1985 c.670 �22; 1987 c.540 �43]

�� 466.300 Restrictions on commission authority to issue permit. The Environmental Quality Commission may not issue a permit under ORS 466.295 for any facility designed to dispose of PCB by incineration unless:

�� (1) The facility is also equipped to incinerate hazardous waste; and

�� (2) The applicant has received all federal and state licenses and permits required to operate a hazardous waste incinerator. [1985 c.670 �23; 1987 c.540 �44]

�� 466.305 Investigation of complaints; hearing; order.

(1) The Department of Environmental Quality shall investigate any complaint made to it by any person that the operation of any PCB disposal facility is unsafe or that the operation is in violation of a condition of the operator�s permit or any provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.340 or the rules adopted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. Upon receiving a complaint, the department shall furnish a copy of the complaint to the person holding the permit to operate the PCB disposal facility.

�� (2) If, after making an investigation under subsection (1) of this section, the department is satisfied that sufficient grounds exist to justify a hearing upon the complaint, it shall give 10 days� written notice of the time and place of the hearing and the matters to be considered at the hearing. Both the complainant and the respondent are entitled to be heard, produce evidence and offer exhibits and to require the attendance of witnesses at the hearing.

�� (3) An administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 shall hear the matter. Within 30 days after the date of the hearing and after considering all evidence and testimony submitted, the Environmental Quality Commission shall make a specific order as it considers necessary. Any order issued by the commission under this subsection shall be subject to judicial review in the manner provided by ORS 183.480 for judicial review of orders in contested cases. The costs of reporting and of transcribing the hearing for the purpose of judicial review shall be paid by the party seeking judicial review. [1985 c.670 �24; 1987 c.540 �45; 1999 c.849 ��96,97; 2003 c.75 �40]

�� 466.310 Monitoring, inspection and surveillance program; access to facility and records. The Department of Environmental Quality shall establish and operate a monitoring, inspection and surveillance program over all PCB disposal facilities or may contract with any qualified public or private agency other than the owner or permittee to do so. Owners and operators of a PCB disposal facility must allow necessary access to the PCB disposal facility and to its records, including those required by other public agencies, for the monitoring, inspection and surveillance program to operate. [1985 c.670 �25; 1987 c.540 �46]

�� 466.315 Procedure for emergency. (1) Whenever, in the judgment of the Department of Environmental Quality, there is reasonable cause to believe that a clear and immediate danger to the public health or safety or to the environment exists from the continued operation of the facility, without hearing or prior notice, the department shall order the operation of the facility halted by service of the order on the facility operator or an agent of the operator.

�� (2) Within 24 hours after the order is served, the department must appear in the appropriate circuit court to petition for the equitable relief required to protect the public health or safety or the environment and may begin proceedings to revoke the permit if grounds for revocation exist. [1985 c.670 �26; 1987 c.540 �47]

�� 466.320 Conditions for holding permit. Each PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250,

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 468.980

468.980]

�� Note: See note under 454.430.

�� 454.445 Lien against assessed property; docket; enforcement. (1) Any public agency that pays all or part of a property owner�s assessment pursuant to the public agency�s adopted assessment deferral loan program shall have a lien against the assessed property for the amount of the public agency�s payment and interest thereon as specified in the public agency�s assessment deferral loan program.

�� (2) The public agency�s auditor, clerk or other officer shall maintain a docket describing all payments of assessments made by the public agency pursuant to its adopted assessment deferral loan program. The liens created by such payments shall attach to each property for which payment is made at the time the payment is entered in this docket. The liens recorded on this docket shall have the same priority as a lien on the bond lien docket maintained pursuant to ORS 223.230. A lien shall be discharged upon repayment to the public agency of all outstanding principal and interest in accordance with the requirements of the public agency�s adopted assessment deferral loan program.

�� (3) The lien may be enforced by the public agency as provided by ORS 223.505 to 223.650. The lien shall be delinquent if not paid according to the requirements of the public agency�s adopted assessment deferral loan program. [Formerly 468.983]

�� Note: See note under 454.430.

STATE AID FOR CONSTRUCTION OF MUNICIPAL SEWAGE TREATMENT WORKS

�� 454.505 Definitions for ORS 454.505 to 454.535. As used in ORS 454.505 to 454.535, unless the context requires otherwise:

�� (1) �Construction� means the erection, building, acquisition, alteration, reconstruction, improvement or extension of sewage treatment works, preliminary planning to determine the economic and engineering feasibility of sewage treatment works, the engineering, architectural, legal, fiscal and economic investigations, reports and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of sewage treatment works, and the inspection and supervision of the construction of sewage treatment works.

�� (2) �Eligible project� means a project for construction of sewage treatment works:

�� (a) For which the approval of the Department of Environmental Quality is required under ORS

ORS 468A.205

468A.205. The commission shall focus on reducing greenhouse gas emissions resulting from transportation. In developing the strategy, the commission shall consider state and federal programs, policies and incentives related to reducing greenhouse gas emissions. The commission shall consult and cooperate with metropolitan planning organizations, other state agencies, local governments and stakeholders and shall actively solicit public review and comment in the development of the strategy.

�� (k) Perform any other duty vested in it by law.

�� (2) The commission has general power to take any action necessary to coordinate and administer programs relating to highways, motor carriers, motor vehicles, public transit, rail, transportation safety and such other programs related to transportation.

�� (3) The commission may require the director to furnish whatever reports, statistics, information or assistance the commission may request in order to study the department or transportation-related issues. [1973 c.249 �10; 1979 c.186 �5; 1989 c.904 �50; 1993 c.741 �6; 1999 c.935 �16; 2003 c.27 �2; 2017 c.750 �6]

�� 184.618 [1973 c.249 �12; 1983 c.362 �1; 1983 c.553 �1; 1993 c.741 �7; 1999 c.969 �3; repealed by 2017 c.750 �140]

�� 184.619 Rulemaking authority; orders. In accordance with the applicable provisions of ORS chapter 183, the Oregon Transportation Commission:

�� (1) Shall adopt any rules and orders as the commission considers necessary and proper in performing the functions vested by law in the commission.

�� (2) Notwithstanding any other provisions of law, has the power to adopt any rules, establish any policy or exercise any other duty, function or power if a statute gives such power to the Department of Transportation. [1973 c.249 �11; 1981 c.418 �1; 2017 c.750 �5; 2019 c.13 �33]

�� 184.620 Director of Transportation; confirmation; subordinates. (1) The Department of Transportation shall be under the supervision of a Director of Transportation. The Oregon Transportation Commission shall appoint the director, after consultation with the Governor. The director serves at the pleasure of the commission.

�� (2) The appointment of the director shall be subject to confirmation by the Senate in the manner provided in ORS 184.623.

�� (3) The director may appoint:

�� (a) Deputy directors with full authority to act for the director, but subject to the director�s control. The appointment of a deputy director shall be by written order filed with the Secretary of State. A deputy director shall be in the unclassified services for purposes of the State Personnel Relations Law.

�� (b) All subordinate officers and employees of the department and may prescribe their duties, assignments and reassignments and fix their compensation, subject to any applicable provisions of the State Personnel Relations Law.

�� (4) Subject to the approval of the commission, the director may organize and reorganize the department as the director considers necessary to properly conduct the work of the department. As directed by the chairperson of the commission, the director shall assign employees of the department to staff the commission.

�� (5) When service of summons or other process is required by statute to be served on the Director of Transportation, the Department of Transportation or the Oregon Transportation Commission, such service shall be made upon the office of the director. [1969 c.599 �3; 1969 c.599 �3a; 1973 c.249 �16; 1979 c.186 �6; 1999 c.686 �1; 2005 c.70 �2; 2017 c.750 �20; 2018 c.93 �1]

�� Note: 184.620 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.

�� 184.621 Commission; selection of projects for Statewide Transportation Improvement Program. The Oregon Transportation Commission shall work with stakeholders to review and update the criteria used to select projects within the Statewide Transportation Improvement Program. When revising the project selection criteria the commission shall consider whether the project:

�� (1) Improves the state highway system or major access routes to the state highway system on the local road system to relieve congestion by expanding capacity, enhancing operations or otherwise improving travel times within high-congestion corridors.

�� (2) Enhances the safety of the traveling public by decreasing traffic crash rates, promoting the efficient movement of people and goods and preserving the public investment in the transportation system.

�� (3) Supports improvements necessary for Oregon�s economic growth and competitiveness, accessibility to industries and economic development.

�� (4) Provides the greatest benefit in relation to project costs as analyzed under ORS 184.659.

�� (5) Fosters livable communities by demonstrating that the investment does not undermine sustainable urban development.

�� (6) Enhances the value of transportation projects through designs and development that reflect environmental stewardship and community sensitivity.

�� (7) Is consistent with the state�s greenhouse gas emissions reduction goals and reduces Oregon�s dependence on foreign oil.

�� (8) To the extent practicable, ensures that the state�s transportation infrastructure is resilient in the event of a natural disaster.

�� (9) Is located near operations conducted for mining aggregate or processing aggregate as described in ORS 215.213 (2)(d) or 215.283 (2)(b). [2009 c.865 �17; 2017 c.750 �14]

�� 184.622 Authority of Department of Transportation to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Transportation may require the fingerprints of a person who is applying for a license, or renewal of a license, under ORS 319.040 or 319.621 or 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 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;

�� (b) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state; or

�� (c) 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, personal financial information or criminal background information. [2005 c.730 �10]

�� Note: 184.622 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 184 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 184.623 Director of Transportation; confirmation. (1) The executive appointment of the Director of Transportation by the Oregon Transportation Commission under ORS 184.620 is subject to confirmation by the Senate. Confirmation requires the affirmative vote of a majority of the members of the Senate.

�� (2) If an appointment made under ORS 184.620 is not confirmed by the Senate, the commission shall make another appointment, subject to confirmation by the Senate.

�� (3) The name of the individual to be appointed or reappointed shall be submitted to the Senate by the commission under ORS 184.620. The Senate shall take up the question of confirmation as soon after the convening of a regular or special session as is appropriate. The question of confirmation may be referred to committee or may be acted upon without a referral.

�� (4) If the name of an individual to be appointed or reappointed submitted by the commission is not acted upon during the term of the Legislative Assembly to which it is submitted, the name may be resubmitted to the subsequent term by the commission on or after the date the Legislative Assembly convenes in the subsequent regular session. [2018 c.93 �2]

�� Note: 184.623 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: 184.623 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 184 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 184.625 Compensation and expenses of director and subordinates. The Director of Transportation and any deputy directors shall receive such salary as may be provided by law or as fixed by the Governor. In addition to salaries, the director and deputy directors, subject to the limitations otherwise provided by law, shall be reimbursed for all reasonable expenses necessarily incurred in the performance of official duties. [1969 c.599 �4; 1973 c.249 �17; 1979 c.168 �7; 1999 c.686 �2; 2005 c.70 �5]

�� 184.626 Bond of director. The Director of Transportation shall furnish a fidelity bond executed by a company duly licensed to transact the business of surety within this state, in such penal sum, not less than $200,000, as the Oregon Transportation Commission shall determine. The bond shall be conditioned for the faithful discharge by the director of the duties of office, for the faithful performance by all persons employed by the director of their duties and trusts therein and for the transfer and delivery to the director�s successor in office, or to any other person authorized by law to receive the same, of all moneys, books, papers, records and other articles and effects belonging to the office. The premium for the bond shall be paid out of highway funds. [Formerly 366.150]

�� 184.627 Real property inventory. (1) The Oregon Transportation Commission shall compile and keep current an inventory of real property, in excess of the operating needs of, and owned by the Department of Transportation.

�� (2) The inventory must include the following, for each parcel of real property:

�� (a) A description of the real property and its current use.

�� (b) An evaluation of future plans for the real property.

�� (c) An assessment of the value of the real property.

�� (3) This section does not apply to real property within a highway right-of-way that is used by the public.

�� (4) The commission shall periodically review the inventory of real property. If the commission determines that a parcel of real property is not anticipated for use for transportation purposes in the reasonably foreseeable future and that disposition of the real property by sale, lease or other means would result in a substantial net benefit to the state to carry out the purposes of Article IX, section 3a, of the Oregon Constitution, the commission shall direct the department to dispose of the real property in the manner provided by rule by the department. [2017 c.750 �9]

�� 184.628 Chief engineer; appointment; qualifications; staff engineers. (1) The Director of Transportation, with the approval of the Oregon Transportation Commission, shall appoint a chief engineer. The chief engineer shall be a registered civil engineer and shall be qualified by technical training as well as by practical experience.

�� (2) The chief engineer may designate persons within the Department of Transportation who have full authority to perform any duty required or permitted by law to be performed by the engineer.

�� (3) The director may authorize the employment by the chief engineer of such staff engineers, engineering and technical assistants and such other help that in the chief engineer�s judgment may be necessary. Compensation, travel allowance and other expenses shall be fixed by the chief engineer with the approval of the director.

�� (4) This section is subject to any applicable provision of the State Personnel Relations Law. [1993 c.741 �5]

�� 184.630 Research program. (1) Except as otherwise provided by law, the Department of Transportation shall provide a research program for divisions within the department, using the staffs of such divisions for development of solutions to such needs as might arise.

�� (2) The Director of Transportation may provide administrative facilities and services for the divisions within the department. [1969 c.599 �5; 1973 c.249 �19]

�� 184.631 [2003 c.819 �18; 2013 c.768 �106; 2015 c.767 �54; repealed by 2021 c.630 �129]

�� 184.632 Legislative finding on ports; policy. (1) The Legislative Assembly finds that:

�� (a) The ports in Oregon provide effective local assistance to state transportation development efforts.

�� (b) The ports in this state develop and market facilities and services to support important existing industries in this state, such as aviation, maritime commerce, international trade, tourism, recreation and transportation.

�� (c) Port facilities, including roads, railroads, airports, harbors and navigation channels, are an integral element of the transportation infrastructure of this state.

�� (2) Therefore, the Legislative Assembly declares that it is the policy of this state to include Oregon�s ports in planning and implementing transportation programs. To that end, the Department of Transportation and the Oregon Department of Aviation may work to:

�� (a) Coordinate with the Oregon Business Development Department to facilitate port planning and development;

�� (b) Promote local cooperation in statewide planning and development of the ports;

�� (c) Promote long-term economic self-sufficiency of the ports;

�� (d) Encourage cost-effective investments with prudent financial consideration of port development projects; and

�� (e) Facilitate the efforts of the ports to expand and respond to greater domestic and international market opportunities. [1993 c.474 �3; 1999 c.935 �18; 2007 c.804 �83]

�� 184.633 Duties of director; delegation; bonds for employees; participation in land use matters. (1) Subject to policy direction by the Oregon Transportation Commission, the Director of Transportation shall:

�� (a) Be the administrative head of the Department of Transportation;

�� (b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter 240, to hire, assign, reassign and coordinate personnel of the department and prescribe their duties and fix their compensation, subject to the State Personnel Relations Law;

�� (c) Administer the laws of the state concerning transportation;

�� (d) Intervene, as authorized by the commission, pursuant to the rules of practice and procedure, in the proceedings of state and federal agencies which may substantially affect the interest of the consumers and providers of transportation within Oregon; and

�� (e) Construct, coordinate and promote an integrated transportation system in cooperation with any city, county, district, port or private entity, as defined in ORS 367.802.

�� (2) In addition to duties otherwise required by law, the director shall prescribe regulations 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 of the employees 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, including powers, duties or functions delegated to the director by the commission pursuant to ORS

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 479.910

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 480.630

480.630. [1983 c.676 �24; 2005 c.758 �37; 2007 c.306 �4]

�� 480.634 Exemption of journeyman plumber for certain activities. (1) A person who has a valid journeyman plumber license does not have to obtain a license under ORS 480.630 (2) to work as an employee of a business engaged in installing or replacing by nonwelded means a potable domestic water heater that:

�� (a) Is not used for space heating;

�� (b) Has a capacity that does not exceed 180 gallons;

�� (c) Has a water temperature that does not exceed 210 degrees Fahrenheit;

�� (d) Has a pressure that does not exceed 150 pounds per square inch gauge pressure; and

�� (e) Has a heat input that does not exceed 750,000 Btu per hour.

�� (2) Subsection (1) of this section does not allow construction, repair or alteration of the domestic potable water heater. [1991 c.518 �15; 2005 c.758 �38]

�� 480.635 [1973 c.830 �5; 1983 c.676 �21; repealed by 2005 c.758 �56]

�� 480.640 When court action not available. A person providing services connected with boilers or pressure vessels may not bring or maintain an action in the courts of this state to recover for those services unless the person alleges and proves that, at the time the services were performed, the person performing the services held a license issued under ORS 480.630. This section does not apply to a person exempted from licensing by ORS 480.630 (7). [1983 c.676 �25; 1991 c.518 �11; 2005 c.758 �39; 2007 c.487 �14]

�� 480.645 Standardized examination; administration. (1) The Board of Boiler Rules shall cause to be prepared examinations that are standardized. In standardizing examinations under this subsection, the board may adopt standardized examinations prepared by nationally recognized bodies.

�� (2) The board shall allow any person who takes an examination to review the examination and test results of that person. [1983 c.676 �26; 1991 c.518 �12]

�� 480.647 Quality control procedures for welding on nonboiler external piping; rules. (1) The Board of Boiler Rules may adopt rules creating quality control procedures for welding on nonboiler external piping and may adopt its own Oregon welded stamp symbol.

�� (2) The board may not require the adoption of �R� stamp provisions of the National Board of Boiler and Pressure Vessel Inspectors or the American Society of Mechanical Engineers Certification of Authorization requirements related to boilers for welding on nonboiler external piping.

�� (3) The board shall accept an �R� stamp certificate of authorization by the National Board of Boiler and Pressure Vessel Inspectors or the American Society of Mechanical Engineers as meeting the requirements of subsection (1) of this section and may accept any other quality control program for welding that is at least equivalent to the Oregon quality control procedures adopted under subsection (1) of this section.

�� (4) All review by the Department of Consumer and Business Services for individual approval of quality control procedures and requirements shall be charged at the shop inspection rates under ORS 480.605. [1991 c.518 �16; 1993 c.744 �148; 2009 c.696 �22]

�� 480.660 Notice of violation; correction; when use prohibited; appeal. (1) If an inspector determines that any condition exists that is a violation of the safety standards prescribed pursuant to ORS 480.510 to 480.670, the inspector shall post a notice in plain view on or near the affected boiler or pressure vessel that specifies the defective condition, and shall provide a copy of the notice to the owner or user of the affected boiler or pressure vessel, or to a representative of the owner or user.

�� (2) If no immediate hazard to health and safety is evident, the notice shall state that correction of the defective condition is required within 30 days of the date of the inspection. If the correction is not completed within the 30-day period, the owner or user of the boiler or pressure vessel may apply to the chief boiler inspector for extension of the time for making the correction. If the chief boiler inspector determines that corrective action was commenced within the time period specified in the notice, an extension may be granted for such time as is required to complete corrective action.

�� (3) If an immediate hazard to health and safety is evident, the notice shall prohibit further use of the boiler or pressure vessel. The inspector immediately shall report that action to the chief boiler inspector.

�� (4) If any person is aggrieved by a determination made upon inspection under this section, the person first shall appeal that determination to the chief boiler inspector and then to the Board of Boiler Rules. Subsequent appeal shall be as provided in ORS 183.480 to 183.540. [1983 c.676 �28]

�� 480.665 [1983 c.676 �27; 1991 c.734 �47; 1999 c.846 �3; repealed by 2001 c.411 �31]

�� 480.670 Civil penalty for Boiler and Pressure Vessel Law violations; disposition of penalty moneys. The Board of Boiler Rules may impose a civil penalty for a violation of ORS 480.510 to

ORS 492.140

492.140]

�� 836.072 Use of moneys from increase in taxes; rules. (1) Moneys from the increases in taxes by the amendments to ORS 319.020 by sections 1 and 3, chapter 1037, Oregon Laws 1999, shall be used by the Oregon Department of Aviation to establish and fund a program to maintain and preserve the pavements used for runways, taxiways and aircraft parking areas at public use airports in this state.

�� (2) Projects for maintenance and preservation of pavements at public use airports that are identified in the plan developed under ORS 835.015 are eligible for funding under this section. The following expenses of projects selected may be funded under this section:

�� (a) Construction expenses;

�� (b) Engineering expenses; and

�� (c) Administrative expenses.

�� (3) The Director of the Oregon Department of Aviation shall prepare a list of recommended projects. Factors to be used by the director include, but are not limited to:

�� (a) The age and condition of pavements;

�� (b) An airport�s role in the state�s aviation system, as described by the plan developed under ORS 835.015; and

�� (c) Local financial participation in projects.

�� (4) The director shall forward the list of recommended projects to the State Aviation Board for approval.

�� (5) The department may adopt such rules as it deems necessary for implementation of the airport pavement preservation program.

�� (6) No more than 55 percent of the combined tax revenue from aircraft fuel used or distributed by a dealer and aircraft fuel usable in aircraft operated by turbine engines may be used for operating expenses of the department.

�� (7) For purposes of this section, �operating expenses of the department� includes, but is not limited to, expenses for personal services, central business operating services described in ORS 835.017 (1), supplies and capital outlay. [1999 c.1037 �5; 2001 c.104 �318; 2001 c.378 �2; 2010 c.107 ��7,8; 2011 c.630 �35]

�� Note: 836.072 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 836 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 836.075 State airway system. The Oregon Department of Aviation as authorized by the State Aviation Board may designate, design and establish, expand or modify a state airway system which will serve the interest of the state. It may chart such airways system and arrange for publication and distribution of such maps, charts, notices and bulletins relating to such airways as may be required in the public interest. The system shall be supplementary to and coordinated in design and operation with the federal airways system. It may include all types of air navigation facilities, whether publicly or privately owned, provided that such facilities conform to federal safety standards. [Formerly 492.150]

�� 836.080 Exemptions from ORS 836.085 to 836.120. (1) The provisions of ORS 836.085 to 836.120 do not apply to airports owned or operated by the United States.

�� (2) The Oregon Department of Aviation as authorized by the State Aviation Board may, from time to time, to the extent necessary, exempt any class of airports, pursuant to a reasonable classification or grouping, from any rule or regulation promulgated under ORS 836.085 to 836.120, or from any requirement of such a rule or regulation, if it finds that the application of such rule, regulation or requirement would be an undue burden on such class and is not required in the interest of public safety. [Formerly 492.160]

�� 836.085 Approval of airport sites; fee. Except as provided in ORS 836.080, the Oregon Department of Aviation as authorized by the State Aviation Board shall provide for the approval of proposed airport sites and the issuance of certificates of such approval. The following apply to this section:

�� (1) A nonrefundable fee of $75, together with an amount not to exceed $300 established by the department for the cost of inspecting and approving an airport site for potential approval, shall accompany the application for site approval.

�� (2) The department shall determine approval of airport sites under this section based on the conditions under ORS 836.095. [Formerly 492.170; 1997 c.585 �1]

�� 836.090 Application for site approval; rules. Subject to the rules of procedure adopted by the State Aviation Board providing for such approvals, any municipality or person desiring or planning to construct or establish an airport must, prior to the construction or establishment of the proposed airport, submit to the Oregon Department of Aviation an application for approval of the site which shall include an outline plan and written description of the project, showing particularly the airport location in respect to surrounding topography that could affect the airport location. [Formerly 492.180]

�� 836.095 Approval criteria and conditions. (1) The Oregon Department of Aviation shall with reasonable dispatch grant approval of a proposed airport site if it is satisfied that the site is adequate for the proposed airport, that such proposed airport, if constructed or established, will conform to minimum standards of safety and that safe air traffic patterns could be worked out for such proposed airport and for all existing airport and approved airport sites in its vicinity. In determining whether an airport site is adequate for a proposed airport, the department shall evaluate all of the following aspects of the site:

�� (a) All real property devoted to or to be used in connection with any aviation activity at the proposed airport.

�� (b) The location of the airport in relation to any surrounding topography, trees or structures that could affect the safety of the airport.

�� (c) The location and configuration of the proposed airport�s runways and operation areas in relation to those of existing and approved airports or airport sites in the vicinity that could affect the safety of aircraft operating from the proposed airport, or from other airports.

�� (2) An approval of a proposed airport site may be granted under this section subject to any reasonable conditions which the department may deem necessary to effectuate the purposes of ORS 836.085 to 836.120, and shall remain in effect, unless sooner revoked by the department, until a license for an airport located on the approved site has been issued pursuant to ORS 836.105. [Formerly 492.190]

�� 836.100 Revocation of approval. The Oregon Department of Aviation may, after notice and opportunity for hearing to holders of certificates of airport site approval under ORS 836.095, revoke such approval when it reasonably determines:

�� (1) That there has been an abandonment of the site as an airport site;

�� (2) That there has been a failure within two years, to develop the site as an airport or to comply with the conditions of the approval; or

�� (3) That prior to commencement of construction and because of change of physical or legal conditions or circumstances the site is no longer usable for the aviation purposes for which the approval was granted. [Formerly 492.200]

�� 836.105 Licensing of airports; fees; rules. Except as provided in ORS 836.080, the Oregon Department of Aviation is authorized to provide for the licensing of airports and the annual renewal of such licenses. The following apply to this section:

�� (1) The department may charge license fees for each original license and for each renewal. The fee to be paid for each original license and each renewal is as follows:

AIRPORT CLASSIFICATION

AND FEE SCHEDULE

Category I Airport

Commercial Service�� $�� 150

Category II Airport

Urban General Aviation�� $�� 100

Category III Airport

Regional General Aviation�� $�� 75

Category IV Airport

Local General Aviation�� $�� 50

Category V Airport

Remote Access�� $�� 30

�� (2) Upon the adoption of a rule providing for such licensing, the department shall with reasonable dispatch, upon receipt of an application for an original license and the payment of the required fee, issue an appropriate license if it is satisfied that the airport conforms to minimum standards of safety and that safe air traffic patterns can be worked out for such airport and for all existing airports and approved airport sites in its vicinity.

�� (3) All licenses shall be renewable annually upon payment of the required fees.

�� (4) Licenses and renewals may be issued subject to any reasonable conditions that the department may deem necessary to effectuate the purposes of ORS 836.085 to 836.120. [Formerly

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 520.991

520.991�� Penalties

GENERAL PROVISIONS

�� 520.005 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Condensate� means liquid hydrocarbons that were originally in the gaseous phase in the reservoir.

�� (2) �Field� means the general area underlaid by one or more pools.

�� (3) �Gas� means all natural gas and all other fluid hydrocarbons not defined as oil in subsection (5) of this section, including condensate originally in the gaseous phase in the reservoir.

�� (4) �Information hole� means a hole drilled for information purposes only, including but not limited to core holes, stratigraphic holes or other test holes.

�� (5) �Oil� means crude petroleum oil and all other hydrocarbons, regardless of gravity, that 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.

�� (6) �Person� means any natural person, partnership, corporation, association, receiver, guardian, fiduciary, administrator, representative of any kind, or the State of Oregon and any public body as defined in ORS 174.109.

�� (7) �Pool� means an underground reservoir containing a common accumulation of oil and natural gas. A zone of a structure that is completely separated from any other zone in the same structure is a pool.

�� (8) �Owner� means a person who has the right to drill into and to produce from any pool and to appropriate the oil or gas produced therefrom either for others, for the person or for the person and others.

�� (9) �Protect correlative rights� means that the action or regulation by the board affords a reasonable opportunity to each person entitled thereto to recover or receive the oil or gas in the tract or tracts of the person or the equivalent thereof, without being required to drill unnecessary wells or to incur other unnecessary expense to recover or receive such oil or gas or its equivalent.

�� (10) �Seismic program� means the collection of seismic exploration data through a continuous field operation.

�� (11) �Sidetrack� means to reenter a well from the well�s surface location with drilling equipment for the purpose of deviating from the existing well bore to achieve production from an alternate zone or bottom hole location, or to remedy an engineering problem encountered in the existing well bore.

�� (12) �Unit area� means one or more pools or parts thereof under unit operation pursuant to ORS

ORS 527.620

527.620, the land surveyor shall remove all temporary above ground materials within 60 days of placement unless written authorization to leave the materials in place is received from the landowner or occupant. [1995 c.382 �13; 1997 c.743 �1; 2009 c.259 �5; 2011 c.231 �1]

�� 672.050 [Amended by 1971 c.751 �5; repealed by 2009 c.259 �32]

�� 672.060 Activities not requiring registration. Registration under ORS 672.002 to 672.325 is not required for the following:

�� (1) The performance of work as an employee or a subordinate of a registered professional engineer if:

�� (a) The work does not include final engineering designs or decisions;

�� (b) The work is done under the supervision and control of and is verified by a registered professional engineer; and

�� (c) The employee or subordinate does not by verbal claim, sign, advertisement, letterhead or card or in any other way imply that the employee or subordinate is or purports to be a professional engineer or registered professional engineer.

�� (2) The performance of engineering work by an employee, sole proprietorship, firm, partnership or corporation:

�� (a) On property owned or leased by the employer, sole proprietorship, firm, partnership or corporation, or on property in which the employer, sole proprietorship, firm, partnership or corporation has an interest, estate or possessory right; and

�� (b) That affects exclusively the property or interests of the employer, sole proprietorship, firm, partnership or corporation, unless the performance affects the health or safety of the public or an employee.

�� (3) The performance of engineering work by a person, or by full-time employees of the person, if:

�� (a) The engineering work is in connection with or incidental to the operations of the person; and

�� (b) The engineering work is not offered directly to the public.

�� (4) An offer by an employee, sole proprietorship, firm, partnership or corporation to perform engineering work if:

�� (a) The employer, sole proprietorship, firm, partnership or corporation holds a certificate of registration to engage in the practice of professional engineering issued by the proper authority of any other state, a territory or possession of the United States or a foreign country; and

�� (b) The offer includes a written statement that the offeror is not registered to practice engineering in the State of Oregon, but will comply with ORS 672.002 to 672.325 by having an individual holding a valid certificate of registration in this state in responsible charge of the work prior to performing any engineering work within this state.

�� (5) The offering by a construction contractor licensed under ORS chapter 701 of services constituting the performance of engineering work if:

�� (a) The services are appurtenant to construction services to be provided by the construction contractor;

�� (b) The services constituting the practice of engineering are performed by an engineer or engineers registered under ORS 672.002 to 672.325; and

�� (c) The offer by the construction contractor discloses in writing that the contractor is not an engineer and identifies the engineer or engineers that will perform the services constituting the practice of engineering.

�� (6) The execution of engineering work designed by a professional engineer or the supervision of the construction of engineering work as a foreman or superintendent.

�� (7) The making of drawings or specifications for, or the supervision of the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building has a ground area of 4,000 square feet or less and is not more than 20 feet in height from the top surface of lowest flooring to the highest interior overhead finish of the structure. The exemption in this subsection does not apply to a registered professional engineer.

�� (8) The making of drawings or specifications for, or the supervision of the erection, enlargement or alteration of, a building, or an appurtenance thereto, if the building is to be used for a single family residential dwelling or farm building or is a structure used in connection with or auxiliary to a single family residential dwelling or farm building, including but not limited to a three-car garage, barn or shed or a shelter used for the housing of domestic animals or livestock. The exemption in this subsection does not apply to a registered professional engineer.

�� (9) The performance of work as a registered architect practicing architecture.

�� (10) The performance of work as a registered environmental health specialist or registered environmental health specialist trainee working under the supervision of a registered environmental health specialist practicing environmental health, or a registered waste water specialist or registered waste water specialist trainee working under the supervision of a registered waste water specialist practicing waste water sanitation.

�� (11) The performance of land surveying work under the supervision of a registered professional land surveyor or registered professional engineer. The exemption in this subsection does not allow an engineer to supervise a land surveying activity the engineer could not personally perform under ORS 672.025.

�� (12) The performance of land surveying by a person:

�� (a) On property owned or leased by the person, or on property in which the person has an interest, estate or possessory right; and

�� (b) That affects exclusively the property or interests of the person, unless the performance affects the health or safety of the public or an employee.

�� (13) The performance of land surveying work by a landowner within the boundaries of the landowner�s land or by the landowner�s regular employee as part of the employee�s official duties within the boundaries of the land of the employer.

�� (14) An offer by a person to perform land surveying if:

�� (a) The person holds a certificate of registration to engage in the practice of land surveying issued by the proper authority of any other state, a territory or possession of the United States or a foreign country; and

�� (b) The offer includes a written statement that the offeror is not registered to practice land surveying in the State of Oregon, but will comply with ORS 672.002 to

ORS 536.076

536.076:

�� (a) Any person may submit a protest against a proposed final order.

�� (b) Unless a timeline is otherwise specified under ORS chapter 537, 540 or 541, the protest must be submitted within 45 days after publication of the notice of the proposed final order in a weekly public notice of the Water Resources Department or, if weekly public notice is not required, within 45 days after issuance of notice of the proposed final order.

�� (c) The protest must:

�� (A) Be in writing;

�� (B) Include the name, address and telephone number of the protestant;

�� (C) Include a description of the protestant�s interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented;

�� (D) Include a detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant�s interest;

�� (E) Raise an issue with sufficient specificity to allow response to the issue, as described in subsection (3)(b) of this section;

�� (F) Identify any citation of legal authority supporting the protest, if known; and

�� (G) Include the protest fee required under ORS 536.050.

�� (2) If a protest is submitted, within 30 days after the deadline for filing a protest:

�� (a) Any person who supports the proposed final order may file a request for party status for the purpose of participating in any contested case proceeding on the proposed final order or for judicial review of a final order resulting from the proposed final order.

�� (b) The request for party status must:

�� (A) Be in writing.

�� (B) Meet all requirements established in rule by the Water Resources Commission.

�� (C) Include the fees described in ORS 536.050 (1)(n) and (o).

�� (3) In a contested case proceeding under this section:

�� (a) A hearing need not occur if:

�� (A) All issues in the contested case are resolved as part of a settlement;

�� (B) The protest is withdrawn; or

�� (C) The protestant defaults.

�� (b) A protest must raise an issue with sufficient specificity to allow response to the issue. To raise an issue with sufficient specificity, the protest must:

�� (A) Identify the recommended findings of fact, conclusions of law or conditions of approval to which the protestant objects; and

�� (B) Explain how the issues raised in the protest are within the jurisdiction of the department.

�� (c) Not later than the end of the protest period, each person that submits a protest shall raise all reasonably ascertainable issues and submit all reasonably available arguments that support the person�s position.

�� (d) A failure to raise a reasonably ascertainable issue in a protest or a failure to provide sufficient specificity to afford the department an opportunity to respond to the issue precludes judicial review of that issue.

�� (4) If no protest on a proposed final order that is subject to this section and ORS 536.076 is timely received, as a matter of law, the proposed final order shall become a final order on the date that is 33 days after the close of the time period for submitting a protest, with no further action required by the department.

�� (5) Notwithstanding subsection (4) of this section, not more than 33 days after the close of the time period for submitting a protest, the department may withdraw a proposed final order for reconsideration and issuance of a superseding proposed final order.

�� (6) The department shall refund the fees described in ORS 536.050 (1)(o) if party status is denied.

�� (7) The Water Resources Commission may adopt rules necessary to implement this section. [2025 c.575 �3; 2025 c.575 �3a]

�� Note: Section 24, chapter 575, Oregon Laws 2025, provides:

�� Sec. 24. (1) Notwithstanding ORS 536.031 (1), rules adopted under section 2 [536.076] or 3 [536.077] of this 2025 Act apply to aspects of a contested case proceeding that occur on or after the effective date of this 2025 Act [January 1, 2026], for a protest:

�� (a) That was submitted before, on or after the effective date of this 2025 Act; and

�� (b) That was not referred to the Office of Administrative Hearings before the effective date of this 2025 Act.

�� (2) For protests that were pending on or before the effective date of this 2025 Act, the Water Resources Department shall provide to applicants, protestants, persons that submitted a request for standing and persons that have requested or been granted party status notice of the provisions and requirements of sections 2 and 3 of this 2025 Act. Notwithstanding section 3 of this 2025 Act, the department shall provide not less than 90 days after issuance of the notice for:

�� (a) A person that submitted a request for standing to request party status in an existing contested case proceeding.

�� (b) A protestant in an existing contested case proceeding to amend the protest as necessary to comply with the provisions of section 3 of this 2025 Act. The amended protest may not add issues not raised in the original protest.

�� (3) A person that submitted a request for party status before the effective date of this 2025 Act need not amend the request. [2025 c.575 �24]

�� 536.080 Effect of records of former State Water Board and State Water Superintendent. The transfer of functions from the former State Water Board and State Water Superintendent to the State Engineer, effected by chapter 283, Oregon Laws 1923, shall not impair the legal force and effect in any water right adjudication, suit, action or other proceeding before the State Engineer, or in the courts or other tribunals of the state, of the official records of, or any evidence filed with, said State Water Board or State Water Superintendent.

�� 536.090 Ground water advisory committee; duties; qualification; term; expenses. (1) In carrying out the duties, functions and powers prescribed by law, the Water Resources Commission shall appoint a ground water advisory committee to:

�� (a) Advise the commission on all matters relating to:

�� (A) Rules for the development, securing, use and protection of ground water; and

�� (B) Licensing of well constructors, including the examination of such persons for license.

�� (b) Review the proposed expenditure of all revenues generated under ORS 537.762. At least once each year, and before the expenditure of such funds on new program activities, the Water Resources Department and the ground water advisory committee shall develop jointly a proposed expenditure plan for concurrence by the Water Resources Commission. The plan may be modified, if necessary, upon the joint recommendation of the department and the ground water advisory committee with concurrence by the commission.

�� (2) The committee shall consist of nine members who represent a range of interests or expertise. At least three of the members shall be individuals actively engaged in some aspect of the water supply or monitoring well drilling industry. Members shall serve for such terms as the commission may specify. The committee shall meet at least once every three months and at other times and places as the commission may specify.

�� (3) A member of the committee shall not receive compensation, but at the discretion of the commission may be reimbursed for travel expenses incurred, subject to ORS

ORS 537.505

537.505 to 537.795 supplementary. ORS 537.505 to 537.795 and 537.992 are intended to be supplementary and in addition to and are not intended to repeal any law relating to the surface waters of this state. [1955 c.708 �35]

�� 537.796 Rules regarding low temperature geothermal appropriations. The Water Resources Commission shall adopt by rule an initial temperature below which low temperature geothermal appropriations shall not be protected from thermal interference caused by ground water appropriations for other purposes. [1989 c.201 ��7,8]

�� Note: 537.796 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.

WATER RIGHT EXAMINERS; SURVEYS

�� 537.797 Criteria for certification to determine work completion; rules. (1) As used in this section:

�� (a) �District� means:

�� (A) An irrigation district formed under ORS chapter 545;

�� (B) A drainage district formed under ORS chapter 547;

�� (C) A water improvement district formed under ORS chapter 552; or

�� (D) A water control district formed under ORS chapter 553.

�� (b) �Registered geologist� has the meaning given that term in ORS 672.505.

�� (c) �Registered professional engineer� and �registered professional land surveyor� have the meanings given those terms in ORS 672.002.

�� (2) The Water Resources Commission by rule shall establish criteria for certification under ORS 537.798 to conduct surveys to determine whether a permittee has completed all work necessary to perfect an appropriation of water under ORS 537.230,

ORS 537.630

537.630 and 540.530.

�� (3) An individual may apply for certification under ORS 537.798 if the individual meets the criteria established by rule by the commission and is a:

�� (a) Registered professional engineer;

�� (b) Registered professional land surveyor;

�� (c) Registered geologist; or

�� (d) District employee who:

�� (A) Is, at the time of applying, employed full-time by a district;

�� (B) Has been employed by a district for seven or more years; and

�� (C) Has seven or more years of relevant technical experience conducting similar work. [1987 c.542 �1; 1989 c.171 �70; 1995 c.7 �1; 2009 c.259 �29; 2023 c.532 �1; 2023 c.606 �17]

�� Note: The amendments to 537.797 by section 3, chapter 532, Oregon Laws 2023, and section 19, chapter 606, Oregon Laws 2023, become operative July 1, 2027. See section 5, chapter 532, Oregon Laws 2023, and section 21, chapter 606, Oregon Laws 2023. The text that is operative on and after July 1, 2027, is set forth for the user�s convenience.

�� 537.797. The Water Resources Commission by rule shall establish criteria for the certification of geologists, as defined in ORS 672.505, and persons engaged in the practice of engineering and the practice of land surveying, as those terms are defined in ORS 672.005, to conduct surveys to determine whether a permittee has completed all work necessary to perfect an appropriation of water under ORS 537.230, 537.630 and

ORS 539.010

539.010 (5) and to whether other governmental requirements relating to the project have significantly delayed completion of construction or perfection of the right.

�� (5) Except as provided in subsection (6) of this section and ORS 537.409, upon completion of beneficial use as required under this section, the holder of a permit shall hire a water right examiner certified under ORS 537.798 to survey the appropriation. Within one year after application of water to a beneficial use or the beneficial use date allowed in the permit, the holder shall submit a map of the survey as required by the Water Resources Department, that shall accompany the request for a water right certificate submitted to the department under ORS 537.250. If any property described in the permit is not included in the request for a water right certificate, the holder shall state the identity of the record owner of that property.

�� (6) The Water Resources Director may waive the requirement under subsection (5) of this section that a holder of a permit hire a water right examiner certified under ORS 537.798 if:

�� (a) The permit is a supplemental water right that shares the same distribution system and same place of use as the primary water right; and

�� (b) The department determines that there is sufficient information in the records of the department to determine proof of beneficial use.

�� (7) Notwithstanding ORS 537.410, for purposes of obtaining a water right certificate under ORS 537.250 for a supplemental water right, the holder of a permit shall have a facility capable of handling the full rate and duty of water requested from the supplemental source and be otherwise ready, willing and able to use the amount of water requested, up to the amount of water approved in the water right permit. To obtain a certificate for a supplemental water right, the holder is not required to have actually used water from the supplemental source if:

�� (a) Water was available from the source of the primary water right and the primary water right was used pursuant to the terms of the primary water right; or

�� (b) The nonuse of water from the supplemental source occurred during a period of time within which the exercise of the supplemental water right permit was not necessary due to climatic conditions.

�� Note: Section 27, chapter 282, Oregon Laws 2025, provides:

�� Sec. 27. (1) The amendments to ORS 537.230 and 537.630 by sections 25 and 26 of this 2025 Act apply to:

�� (a) Development timelines on new water right permits for which the proposed final order for the water right permit application is issued on or after the operative date specified in section 48 of this 2025 Act [April 1, 2026].

�� (b) Extension applications submitted on or after the operative date specified in section 48 of this 2025 Act for permits for quasi-municipal, group domestic or group domestic expanded uses.

�� (2) Notwithstanding ORS 537.230 and 537.630, except for a holder of a permit for municipal, quasi-municipal, group domestic or group domestic expanded uses, the following applications for extensions on permits will be processed under subsection (3) of this section:

�� (a) Permits with extension applications pending under ORS 537.230 or 537.630 for which a proposed final order on the extension has not been issued before the operative date specified in section 48 of this 2025 Act.

�� (b) Permits with a proposed final order issued on a water right application before the operative date specified in section 48 of this 2025 Act if the extension application is submitted on or after the operative date specified in section 48 of this 2025 Act.

�� (3) The Water Resources Department shall order and allow one extension of time for up to two years from the date that an extension is approved if the department determines that:

�� (a) Fish-related conditions have been satisfied; and

�� (b) Good cause for the extension has been shown. [2025 c.282 �27]

�� 537.240 Federal permit; time for obtaining; cancellation; time for beginning and completing work. (1) In any case where a permit from the Federal Energy Regulatory Commission is or shall be required in connection with the development of the applicant�s proposed project, the applicant shall make application for the necessary federal permit or license within six months, or, if the applicant is a municipal corporation, within 10 years, from the date of filing application for appropriation of water with the Water Resources Department.

�� (2) Upon failure of the applicant to file with the department, within 30 days after the expiration of the period above prescribed, satisfactory proof that application for the federal permit or license has been duly made, the application to appropriate water shall be terminated and become void.

�� (3) Where the application for the necessary permit or license from the Federal Energy Regulatory Commission is finally rejected or disallowed, or if after being granted, the permit or license is revoked or forfeited because of failure to begin or carry on the construction work when and as required by the permit or license, then the department shall, upon the filing in the Water Resources Department of satisfactory proof of such fact, revoke and cancel any permit issued by the department for appropriation of water for use in the project for which the federal permit or license was required.

�� (4) In case of any permit issued for the appropriation of water for the utilization of which a permit or license from the Federal Energy Regulatory Commission is necessary, the time to be allowed for the beginning and completion of construction under the permit from the department shall be made to conform to the time fixed for such beginning and completion in the permit or license, and in any extension thereof, issued for the project by the Federal Energy Regulatory Commission. [Amended by 1985 c.673 �36; 1995 c.416 �36]

�� 537.248 Requirement to include in reservoir permit date for beginning and completing construction and for perfecting water right; extension. (1) When the Water Resources Department issues a reservoir permit for a new storage project to a county, municipality or district, the department shall include in the permit a date, not more than 10 years after the date the permit is issued, to begin and complete construction of diversion or storage works and to perfect the water right. An application for a reservoir permit under this section shall be subject to the provisions of ORS 537.140 to 537.211, except that the applicant need not submit engineering plans and specifications before the permit is issued. However, the applicant may not begin construction of the reservoir until the department approves the engineering plans and specifications.

�� (2) By order, the Water Resources Director may extend the date for beginning and completing construction and for completing perfection of the use if the applicant shows reasonable diligence and good cause. An extension allowed under this subsection shall not exceed 10 years, but the applicant may request additional extensions.

�� (3) As used in this section, �district� includes the entities set forth in ORS 198.010 and

ORS 540.250

540.250 within 60 days from the date of payment of the wages and expense, with the county clerk. It may be enforced and foreclosed, and the same procedure, including the allowance of reasonable attorney fees, shall be followed in the foreclosure as in the case of a lien claimed and foreclosed by the watermaster under ORS 540.250. The lien shall not be considered an exclusive remedy. [Amended by 1985 c.421 �16]

�� 540.270 Distribution from irrigation districts and improvement companies; applicability of ORS 540.210 to 540.260. Nothing contained in ORS 540.210 to 540.260 shall be applicable to the distribution of water from the irrigation systems or works of irrigation districts or district improvement companies unless requested by the district. Distribution of water from such irrigation systems or works shall be under the exclusive control of the directors of the irrigation districts and district improvement companies unless the watermaster has been requested by the district to distribute the water. [Amended by 1969 c.303 �1]

HYDRAULIC WORKS AND STRUCTURES; MEASURING DEVICES; DITCH RIGHT OF WAY

�� 540.310 Ditches and canals; headgates; measuring devices; flumes along lines of ditches. (1) The owner of any ditch or canal shall maintain to the satisfaction of the Water Resources Commission a substantial headgate at the point where the water is diverted. It shall be of such construction that it can be locked and kept closed by the watermaster.

�� (2) The owner shall construct and maintain, when required by the commission, suitable measuring devices at such points along the ditch as may be necessary to assist the watermaster in determining the amount of water that is to be diverted into the ditch from the stream, or taken from it by the various users.

�� (3) When necessary for the protection of other water users, the commission may require flumes to be installed along the line of any ditch. [Amended by 1985 c.673 �84]

�� 540.320 Noncompliance with requirements; effect. If any owner of irrigation works refuses or neglects to construct and put in headgates, flumes or measuring devices, as required under ORS 540.310, after 10 days� notice, the watermaster may close the ditch, and it shall not be opened or any water diverted from the source of supply, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the Water Resources Commission as to such headgates, flumes or measuring devices have been complied with. [Amended by 1985 c.673 �85]

�� 540.330 Reservoirs; measuring devices; effect of noncompliance. (1) Any owner or manager of a reservoir, located across or upon the bed of a natural stream, shall construct and maintain, when required by the Water Resources Commission, a measuring device below, and one above, the reservoir on each stream or source of supply discharging into the reservoir, to assist the watermaster in determining the amount of water to which appropriators are entitled and thereafter diverting it for their use.

�� (2) If any owner or manager of a reservoir located across the bed of a natural stream neglects or refuses to put in a measuring device after 10 days� notice by the commission, the watermaster may open the sluicegate or outlet of the reservoir, and it shall not be closed, under penalties of the law for changing or interfering with headgates, until the requirements of the commission as to such measuring devices are complied with. [Amended by 1985 c.673 �86]

�� 540.340 Reservoir and diversion dam; suitable outlet; effect of noncompliance. (1) Whenever it may be necessary for the protection of other water users, the Water Resources Commission shall require every owner or manager of a reservoir or diversion dam, located across or upon the bed of a natural stream, to construct and maintain a suitable outlet in the reservoir or diversion dam which will allow the free passage of the natural flow of the stream. The commission shall determine what constitutes a suitable outlet.

�� (2) If any owner or manager of a reservoir or diversion dam refuses or neglects to construct or put in such outlet in the reservoir or diversion dam after 10 days� notice by the commission, the commission may close the ditch carrying water from the reservoir or diversion dam and it shall not be opened or any water diverted from the reservoir or diversion dam, under the penalties prescribed by law for the opening of headgates lawfully closed, until the requirements of the commission regarding such outlet have been complied with. [Amended by 1985 c.673 �87]

�� 540.350 [Amended by 1981 c.210 �1; 1985 c.673 �88; 1991 c.249 �51; repealed by 2019 c.390 �27]

�� 540.353 [2017 c.723 �2; repealed by 2019 c.390 �27]

�� 540.355 Inspection, evaluation and assessment of hydraulic structures. (1) The Water Resources Department may inspect, evaluate and assess the condition of a levee, dike, ditch or other hydraulic structure with the permission of the owner.

�� (2) In performing the actions under subsection (1) of this section, the department may:

�� (a) Provide recommendations and technical assistance;

�� (b) Advise on necessary maintenance and repairs;

�� (c) Assist with the development of emergency action plans to ensure the safety of life, property or public infrastructure;

�� (d) Undertake activities necessary to identify the owner or operator of the hydraulic structure or the individual in immediate charge of the hydraulic structure;

�� (e) Assist with mapping the locations of hydraulic structures;

�� (f) Enter into contracts, memorandums of understanding and intergovernmental agreements;

�� (g) Accept and receive moneys from any public or private source;

�� (h) Accept and receive payment for services performed; and

�� (i) Exchange information and perform other actions as necessary to cooperate with private, local, state and federal entities.

�� (3) The department�s actions under this section shall not relieve the owners of levees, dikes, ditches or other hydraulic structures of their legal liabilities and responsibilities.

�� (4) If the department is aware of conditions that indicate the need for immediate action to prevent the failure of a hydraulic structure, the department may:

�� (a) Advise the owner or operator of the hydraulic structure or the individual in immediate charge of the hydraulic structure regarding the actions necessary to prevent the failure; and

�� (b) If the conditions create a risk to life, property or public infrastructure, notify emergency managers.

�� (5) The Water Resources Commission may adopt rules for the administration of this section. [2015 c.667 �5; 2019 c.390 �20]

�� Note: 540.355 was added to and made a part of ORS chapter 540 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 540.360 [Amended by 1975 c.581 �26a; 1981 c.210 �2; 1985 c.673 �89; repealed by 2019 c.390 �27]

�� 540.370 [Amended by 1985 c.673 �90; repealed by 2019 c.390 �27]

�� 540.380 [Amended by 1985 c.673 �91; repealed by 2019 c.390 �27]

�� 540.390 [Amended by 1985 c.673 �92; repealed by 2019 c.390 �27]

�� 540.400 [Repealed by 2019 c.390 �27]

�� 540.410 Delivery of reservoir water; notice to watermaster; adjustment of headgates; expenses; payment. Whenever the owner, manager or lessee of a reservoir constructed under the provisions of the Water Rights Act, as defined in ORS 537.010, desires to use the bed of a stream, or other watercourse, to carry stored or impounded water from the reservoir to the consumer of the water, the owner, manager or lessee shall, in writing, notify the watermaster of the district in which the stored or impounded water from the reservoir is to be used, giving the date when it is proposed to discharge water from the reservoir, its volume, and the names of all persons and ditches entitled to its use. The watermaster shall then close, or so adjust the headgates of all ditches from the stream or watercourse, not entitled to the use of such stored water, as will enable those having the right to secure the volume to which they are entitled. The watermaster shall keep a true and just account of the time spent in the discharge of the watermaster�s duties as defined in this section, and the Water Resources Commission shall present a bill of one-half the expense so incurred to the reservoir owner, manager or lessee. If the owner, manager or lessee neglects for 30 days, after presentation of the bill of costs, to pay it, the costs shall be made a charge upon the reservoir and the state shall have a preference lien therefor. 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. [Amended by 1955 c.39 �1; 1961 c.636 �7; 1985 c.673 �93]

�� 540.420 Jointly owned ditches; performance by co-owner; recovery for default. In all cases where ditches are owned by two or more persons and one or more of such persons fails or neglects to do a proportionate share of the work necessary for the proper maintenance and operation of the ditch, or to construct suitable headgates or measuring devices at the points where water is diverted from the main ditch, the owner desiring the performance of such work may, after having given 10 days� written notice to the other owner who has failed to perform a proportionate share of the work, perform such share, and recover therefor from the person in default the reasonable expense of the work.

�� 540.430 Nonpayment by ditch co-owner; lien on interest; foreclosure; stoppage of water delivery. (1) Upon the failure of any co-owner to pay a proportionate share of the expense, as mentioned in ORS 540.420, within 30 days after receiving a statement of the same as performed by the co-owner, the latter may secure payment of the claim by filing an itemized and sworn statement thereof, setting forth the date of performance and the nature of the labor performed, with the county clerk of the county wherein the ditch is situated. When so filed it shall constitute a valid lien against the interest of the person in default, which lien may be established and enforced in the same manner as provided by law for the enforcement of mechanic�s liens.

�� (2) In lieu of proceeding to enforce the lien, the person performing the labor may file an itemized and sworn statement with the watermaster of the district within which the ditch is located, setting forth the date of performance, the nature of the labor performed, the total expense incurred by the person and the proportion of the expense each owner should pay, together with a written request that the watermaster take charge of the distribution of the water from the ditch to the parties entitled to the use thereof. Thereupon the watermaster may proceed to distribute the water in accordance with established rights. However, if an owner or user has not paid the proportion of expenses of the owner or user incurred for the proper maintenance and operation of the ditch, the watermaster may serve such party with written notice, personally, by registered mail or by certified mail with return receipt, setting forth the proportion of expenses incurred for which the owner or user is obligated to pay. If the party so served refuses or neglects to pay that part of the expense within 10 days after the serving or mailing of the notice, the watermaster may refuse to deliver water to be used upon the lands of such person until after the expense has been paid. [Amended by 1991 c.249 �52]

�� 540.435 Installation of totalizing measuring device; annual water use report; hearing; effect of failure to comply with order. (1)(a) In addition to any other authority of the Water Resources Commission to order installation of a measuring device, if the commission finds accurate water use information necessary because of serious water management problems created by ground water decline, unresolved user disputes or frequent water shortages, the commission by rule may require a water right owner using any surface or ground water source within the state to install a totalizing measuring device and to submit annually a water use report.

�� (b)(A) In addition to the factors listed in paragraph (a) of this subsection, as necessary to protect public health, the commission may find that ground water contamination in an underground reservoir in a ground water quality concern area or a ground water quality management area, as those terms are defined in ORS 468B.150, is a serious water management problem.

�� (B) The commission or the Water Resources Department may not, based on a finding under this paragraph, require the installation of a measuring device to measure ground water used for an exempt use under ORS 537.545.

�� (2) Before the commission implements any requirements under subsection (1) of this section the commission shall:

�� (a) Cause a hearing to be conducted in the affected area to determine whether a serious management problem exists; and

�� (b) Allow any affected person an opportunity to present alternative methods or devices that could be used to provide the information necessary to manage the water resource or to alleviate the water management problem.

�� (3) The watermaster may prohibit the diversion or use of water by anyone who has failed to comply with a commission rule or order requiring installation of measuring devices or submission of a water use report. [1987 c.649 �7; 2025 c.605 �39]

�� 540.440 Owner to clear weeds from ditch right of way. All persons owning or controlling any water ditches shall keep their right of way along the ditches clean and free from wild oats, mustard, thistles, or any weeds or noxious grasses whatsoever. [Amended by 2011 c.9 �73]

DAMS

�� 540.443 Definitions for ORS 540.443 to 540.491. As used in ORS 540.443 to 540.491:

�� (1) �Construct� means:

�� (a) To build a new dam;

�� (b) To modify dam height; or

�� (c) To make modifications to a dam that:

�� (A) Do not include modifying dam height, performing maintenance actions or removing a dam;

�� (B) Have a potential impact on the safe functioning of the dam; and

�� (C) Are to an extent that the modified dam structures no longer conform to the original design.

�� (2) �Dam� means:

�� (a) A hydraulic structure built above the natural ground gradeline that is used to impound water or wastewater; and

�� (b) Appurtenant structures on or adjacent to hydraulic structures described in paragraph (a) of this subsection that affect the stability of, or the control of water through or away from, the hydraulic structure.

�� (3) �Dam failure� means a rapid, sudden and uncontrolled release of water or wastewater due to loss of dam integrity.

�� (4) �Emergency action plan� means a plan that assists a dam owner or operator, and local emergency management personnel, to perform actions to ensure human safety in the event of a potential or actual dam failure.

�� (5) �High hazard rating� means that the department expects loss of human life to occur if a dam fails.

�� (6) �Maintenance action� means measures that are necessary to address a condition that, if left unaddressed, may cause a dam to become unsafe or potentially unsafe.

�� (7) �Potentially unsafe� means that, based on an inspection or analysis:

�� (a) It is probable that a dam cannot withstand an extreme flood or earthquake; or

�� (b) The dam has a high risk of internal erosion.

�� (8) �Significant hazard rating� means the department does not expect loss of life to occur if a dam fails, but does expect extensive damage to property or public infrastructure.

�� (9) �Unsafe� means that, based on an inspection or analysis:

�� (a) It is probable that a dam cannot be depended upon to retain or pass water or wastewater as designed or operated; and

�� (b) Inability of the dam to retain or pass water or wastewater as designed or operated could result in dam failure. [2019 c.390 �2]

�� 540.446 Dams not subject to ORS 540.443 to 540.491. (1) ORS 540.443 to 540.491 do not apply to:

�� (a) A dam that is less than 10 feet in height; or

�� (b) A dam that impounds less than 3 million gallons of water or wastewater.

�� (2) Except as provided in this subsection, ORS 540.443 to 540.491 do not apply to dams regulated under a federal dam safety program. If there is a potential or actual risk of dam failure at a dam regulated under a federal dam safety program, the Water Resources Department may aid in the inspection of the dam and may provide advice and assistance to prevent, mitigate or respond to a potential or actual dam failure. [2019 c.390 �3]

�� 540.449 Construction plan approval; fees; rules. (1) A person may not construct a dam unless the Water Resources Department has examined the site, plans and specifications, features and other supporting information regarding the construction and operation of the dam and has approved them in writing.

�� (2) Except as provided in this subsection, a dam may not be used to impound water or wastewater until final documentation for the site, plans and specifications, features and other supporting information of the dam has been submitted to and accepted by the department after completion of construction. The Water Resources Commission may adopt rules to allow all or a portion of a previously authorized impoundment during construction work on a dam that is undergoing modification.

�� (3) The department may charge a fee for an examination under subsection (1) of this section of information regarding construction of a new dam or construction to modify dam height. The fee may not exceed the lesser of the costs of providing the examination or:

�� (a) $1,750 for a dam that has a low hazard rating;

�� (b) $3,500 for a dam that has a significant hazard rating; or

�� (c) $8,500 for a dam that has a high hazard rating.

�� (4) The department may waive the requirements in subsections (1) and (2) of this section as necessary to address an actual or potential dam failure that poses an imminent risk to life, property or public infrastructure, including but not limited to waiving the requirements for actions identified in an emergency action plan. [2019 c.390 �4]

�� 540.452 Removal plan approval. (1) An owner seeking to remove a dam that has a significant hazard rating or high hazard rating must notify the Water Resources Department. The owner shall provide the department with a removal plan sufficiently in advance of the removal to allow the department reasonable time for evaluating the plan. The department may evaluate the removal plan to ensure that the plan includes appropriate safety precautions to protect life, property and public infrastructure from temporary inundation in the area below the dam during dam removal. The department may require modification of the removal plan or require that the work performed under the plan be supervised by an engineer to the extent the department concludes is necessary to protect life, property or public infrastructure from temporary inundation during dam removal. If the department requires modification of a dam removal plan or requires that the work be supervised by an engineer, the department shall provide the owner with an opportunity to meet with the department.

�� (2) A person may not perform removal work on a dam that has a significant hazard rating or high hazard rating except as provided in subsection (1) of this section. [2019 c.390 �5]

�� 540.455 Dam inspections and analysis. (1) The Water Resources Department, or agents or representatives of the department, may inspect a dam and the site, plans and specifications, features and other supporting information regarding the construction, maintenance and operation of a dam. If a dam has a high hazard rating, the department shall ensure that the dam is inspected annually unless the department determines that a different inspection schedule is appropriate.

�� (2) The department shall provide the dam owner with an inspection document describing the condition of the dam and specific maintenance actions recommended by the department. [2019 c.390 �6]

�� 540.458 Notice for owner corrective action to address safety issues. (1) If, as the result of an inspection or analysis of a dam that has a high hazard rating or significant hazard rating, the Water Resources Department concludes that corrective action is necessary to address a condition allegedly rendering the dam unsafe or potentially unsafe, the department shall notify the dam owner regarding:

�� (a) Why the inspection or analysis of information and conditions causes the department to conclude that the dam is unsafe or potentially unsafe;

�� (b) The action the department concludes is necessary to address the alleged unsafe or potentially unsafe condition;

�� (c) The opportunity for the dam owner to meet with the department; and

�� (d) The opportunity for the dam owner to provide information to challenge the department�s conclusion alleging that the dam is unsafe or potentially unsafe.

�� (2) The department shall notify a dam owner under subsection (1) of this section by:

�� (a) Registered mail; or

�� (b) Certified mail with return receipt requested. [2019 c.390 �7]

�� 540.461 Plan and time frame for corrective action; hearing; proposed and final orders. (1) If the Water Resources Department provides notification to a dam owner under ORS 540.458 stating that the department has concluded that a dam having a significant hazard rating or high hazard rating is unsafe or potentially unsafe, the department may cooperate with dam owner efforts to develop a plan and time frame for corrective action that is agreeable to the department. When determining whether a plan and time frame for corrective action developed by a dam owner is agreeable to the department, the department may consider any relevant information, including, but not limited to, information regarding:

�� (a) The specific dam;

�� (b) The efforts and resources of the dam owner; and

�� (c) The impacts associated with dam failure.

�� (2) In addition to any other available remedies, the Water Resources Director may issue a proposed final order containing one or more of the provisions described in subsection (3) of this section if:

�� (a) The department and the dam owner do not agree on a plan and time frame under subsection (1) of this section for corrective action to resolve a condition identified in a notification that was sent by mail under ORS 540.458;

�� (b) The dam owner has failed to comply with a plan or time frame agreed to under subsection (1) of this section; or

�� (c) The department concludes, based on inspection or analysis, that the dam is unsafe.

�� (3) If the director issues a proposed final order under subsection (2) of this section, the director shall provide the dam owner with notice and opportunity for hearing under ORS 183.413 to 183.470. If the notice is provided by mail, the director shall use a form of mail described in ORS 540.458. The proposed final order shall include the specific information and conditions that have caused the department to conclude that the dam is unsafe or potentially unsafe. The proposed final order may also include, but need not be limited to, provisions:

�� (a) Notifying the dam owner as described in ORS 540.458, if that notification has not been provided.

�� (b) Requiring that the dam owner consult with an engineer to assess the nature and extent of the conditions specified by the department allegedly indicating that the dam is unsafe or potentially unsafe and, as necessary, to identify specific corrective action.

�� (c) Specifying commencement and completion dates for any corrective action the department deems necessary to remedy the unsafe or potentially unsafe condition.

�� (d) Restricting the maximum reservoir level until corrective action has been completed to the satisfaction of the department.

�� (e) Directing that the dam may not be used for the storage, restraint or conveyance of water until corrective action has been completed to the satisfaction of the department.

�� (f) If the department concludes that monitoring is necessary to protect life, property or public infrastructure, requiring the installation and use of monitoring equipment at a dam to monitor unsafe or potentially unsafe conditions. If the department requires monitoring, the department shall allow the use of the most economical monitoring equipment sufficient to protect life, property and public infrastructure.

�� (4) After issuing a proposed final order and allowing an opportunity for hearing, the director may issue a final order as provided under ORS chapter 183.

�� (5) The department and a dam owner may at any time use informal or alternative means, including but not limited to stipulation, agreed settlement or consent orders, to resolve a matter for which the department has notified the dam owner as described in ORS 540.458. [2019 c.390 �8]

�� 540.464 Examinations, inspections and reports by specialists. The Water Resources Department may accept the reports of consulting engineers, geologists or other specialists employed by the dam owner. If the department concludes that the reports are insufficient, the department may employ consulting engineers, geologists or other specialists as agents or representatives of the department to make special examinations and inspections and to prepare reports for the department. The cost of such special examinations, inspections and reports shall be paid by the department or, upon mutual agreement, may be divided between the department and the dam owner. [2019 c.390 �9]

�� 540.467 Owner action to address maintenance issues; hearing; proposed and final orders; penalty. (1) If, as the result of an inspection under ORS 540.455 of a dam that has a significant hazard rating or high hazard rating, the Water Resources Department concludes that maintenance actions are needed, the department shall inform the dam owner of the need for maintenance actions. The department shall provide the information by inclusion in the inspection document and provide the dam owner with the opportunity to meet with the department concerning the information.

�� (2) If the department or its agent or representative conducts an inspection and the department determines that the dam owner has failed to take needed maintenance actions identified in a prior inspection document, in addition to any other available remedies, the Water Resources Director may issue a proposed final order under subsection (3) of this section. A proposed final order under subsection (3) of this section shall include notice and opportunity for hearing under ORS 183.413 to 183.470.

�� (3) Subject to subsection (2) of this section, the director may issue a proposed final order that includes, but need not be limited to, provisions:

�� (a) Requiring the dam owner to perform the needed maintenance actions by a specified date; and

�� (b) Imposing a civil penalty under ORS 540.995, not to exceed an amount established by the Water Resources Commission by rule, for failing to address the needed maintenance actions identified in the proposed final order or failing to comply with a resolution reached through informal or alternative means.

�� (4) If the dam owner performs needed maintenance actions required by a proposed final order issued under subsection (3) of this section to the satisfaction of the department by the date specified in the proposed final order, the director may not impose any civil penalty that was described in the proposed final order.

�� (5) After issuing a proposed final order and allowing an opportunity for hearing, the director may issue a final order as provided under ORS chapter 183.

�� (6) The department and a dam owner may at any time use informal or alternative means, including but not limited to stipulation, agreed settlement or consent orders, to resolve a matter for which the department has notified the dam owner as described in this section. [2019 c.390 �10]

�� 540.470 Contested case hearings. If the Water Resources Director issues a proposed final order under ORS

ORS 540.461

540.461 (4) becomes final by operation of law or on appeal, and the dam owner fails to comply with the order, the Water Resources Department may request that the Attorney General or the district attorney of any county where all or part of the dam is located bring an action to have the dam declared a public nuisance that must be removed at the dam owner�s expense. [2019 c.390 �13]

�� 540.479 Dam owner responsibilities. (1) The owner of record of a dam shall:

�� (a) Provide the Water Resources Department with contact information in an emergency action plan, or in writing if no emergency action plan exists, for:

�� (A) The dam owner;

�� (B) The operator of the dam, if other than the owner; and

�� (C) The individual in immediate charge of the dam;

�� (b) Notify the department of any changes in the contact information provided under this subsection; and

�� (c) Provide the department with notice after completing a transfer of title for the dam.

�� (2) The dam owner shall review and evaluate the conditions at the dam as necessary to:

�� (a) Keep the dam in good repair and properly maintained; and

�� (b) Address any detected conditions that may pose a risk of dam failure. [2019 c.390 �14]

�� 540.482 Emergency action plan for dam with high hazard rating. (1) The Water Resources Department shall require the owner of a dam that has a high hazard rating to develop an emergency action plan for the dam.

�� (2) An emergency action plan required under this section must include, but need not be limited to:

�� (a) Means for emergency condition detection;

�� (b) Means for emergency level determination;

�� (c) Identification of, and information necessary for, notifications and communications to be made at each level of emergency condition;

�� (d) A description of actions expected to be undertaken to prevent dam failure or reduce the effects of dam failure;

�� (e) A map of dam failure inundation zones for varying conditions, including, but not limited to, dry weather conditions and high flood conditions; and

�� (f) Procedures to be followed at the termination of an emergency.

�� (3) A dam owner that develops an emergency action plan required under this section shall file copies of the plan with the Water Resources Department, the Oregon Department of Emergency Management and the local emergency services agency for the county where the dam is located. The Water Resources Department, in consultation with the Oregon Department of Emergency Management and local emergency services agency, shall periodically review the emergency action plan and may require updates to the plan.

�� (4) The Water Resources Department, in consultation with the Oregon Department of Emergency Management and local emergency services agency, shall determine the appropriate frequency for conducting emergency response exercises at a dam that has a high hazard rating. [2019 c.390 �15; 2021 c.539 �42]

�� 540.485 Actual or potential dam failure. (1) If an actual or potential dam failure creates an imminent risk to life, property or public infrastructure, and an emergency action plan exists for the dam, the dam owner shall immediately implement the actions specified in the plan.

�� (2) If an actual or potential dam failure creates an imminent risk to life, property or public infrastructure, and no emergency action plan exists for the dam, the dam owner shall immediately:

�� (a) Notify by telephone or other method that ensures immediate notification:

�� (A) If the dam has a significant hazard rating, the local emergency services agency for the county where the dam is located;

�� (B) The Water Resources Department; and

�� (C) To the extent practicable, persons in areas where the potential for dam failure creates a risk to life, property or public infrastructure; and

�� (b) Take all practicable actions to prevent dam failure.

�� (3) If the department is aware of conditions that indicate the need for immediate action to prevent dam failure, the department may advise the owner or operator of the dam or the individual in immediate charge of the dam regarding the actions necessary to prevent the dam failure.

�� (4) The department may communicate and coordinate actions necessary to reduce the risk of dam failure. If there is a rapidly increasing leakage or risk of overtopping at a dam that has a significant hazard rating or high hazard rating, the department may open gates or valves and may siphon or pump water to reduce the water level in the reservoir. Activities under this subsection by the department do not relieve the owner, the operator or an individual in immediate charge of a dam from the responsibility to prevent the dam failure.

�� (5) If a dam that has a significant hazard rating or high hazard rating presents an imminent risk of dam failure, the department or its agent or representative may enter without notice or permission upon any property that affords access to the dam to the extent entry is reasonable or necessary to allow evaluation of the condition or risk or to undertake actions described in subsection (4) of this section. [2019 c.390 �16]

�� 540.488 Water Resources Commission duties and powers; rules. (1) The Water Resources Commission may adopt rules the commission deems necessary or convenient for the administration and enforcement of ORS 540.443 to 540.491.

�� (2) Notwithstanding subsection (1) of this section, the commission shall adopt rules that, at a minimum, establish:

�� (a) A schedule of civil penalty amounts for purposes of ORS 540.995;

�� (b) The conditions under which the Water Resources Department may remit a civil penalty; and

�� (c) Standards for the site, plans, specifications, designs and other engineering requirements for the construction or removal of a dam.

�� (3) In addition to any other powers of the department, in carrying out department duties, functions and powers under ORS 540.443 to 540.491, the department may:

�� (a) Enter into contracts, memorandums of understanding and intergovernmental agreements for:

�� (A) The inspection, evaluation or study of dams; or

�� (B) The response to dam failure or potential dam failure;

�� (b) Accept moneys from any public or private source for the administration and enforcement of ORS

ORS 540.530

540.530.

�� Note: 537.797, 537.798 and 537.799 were enacted into law by the Legislative Assembly but were 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.

�� 537.798 Water right examiner certificate; regulation of profession; rules; fees. (1) The State Board of Examiners for Engineering and Land Surveying may issue a water right examiner certificate to an applicant described in ORS 537.797. The board shall require an applicant for the certificate to pass an examination establishing the qualification of the applicant to be a water right examiner. The Water Resources Department shall prepare, administer and score the examination.

�� (2) The board shall establish fees for the examination, certification and renewal of certification of water right examiners. The fees shall be based upon the expenses of the board and the department in conducting the certification program. The board shall reimburse the department for department expenses related to the preparation, administration and scoring of the examination.

�� (3) The board may adopt rules to regulate persons certified as water right examiners. The rules may include, but need not be limited to, rules establishing standards of professional conduct and rules establishing professional development or continuing education requirements.

�� (4) Upon receipt of a complaint, or upon its own initiative, the board may investigate any alleged or suspected violation by a water right examiner of ORS 672.002 to

ORS 541.345

541.345 in 1995]

�� 536.605 Implementation of Walla Walla Water 2050 Strategic Plan; advisory committee; project funding. (1) Consistent with all other Oregon laws, the Water Resources Department shall collaborate with the Confederated Tribes of the Umatilla Indian Reservation and the State of Washington to implement and guide cooperative, bistate water management in the Walla Walla River Basin pursuant to the Walla Walla Water 2050 Strategic Plan, under advice from a Walla Walla River Basin advisory committee consisting of representatives from a broad range of interests, including agricultural, environmental and other stakeholders and federal, tribal, state and local governments.

�� (2) It is the intent of the Legislative Assembly that:

�� (a) The State of Oregon shall share in the cost of implementing the Walla Walla Water 2050 Strategic Plan, subject to the availability of moneys appropriated for this purpose; and

�� (b) At least one-half of the total costs of implementing the Walla Walla Water 2050 Strategic Plan will be funded through federal, private and other nonstate sources, including funding from private entities that benefit from projects under the Walla Walla Water 2050 Strategic Plan.

�� (3) The department shall implement the Walla Walla Water 2050 Strategic Plan as an integrated water resources approach that invites coordination among the State of Oregon and the State of Washington, affected federally recognized Indian tribes, agencies and community stakeholders, including stakeholders concerned with agriculture, the environment and business.

�� (4) In developing water supply solutions in the Walla Walla River Basin, the department shall use an integrated water resources management approach, consistent with the policy described in ORS 536.220 and other Oregon laws, that provides concurrent water supply benefits to in-stream, out-of-stream and ground water uses and addresses a variety of water resource and ecosystem challenges affecting fish passage, habitat functions and agricultural, municipal, industrial and domestic water supply, consistent with the Walla Walla Water 2050 Strategic Plan.

�� (5) In consultation with affected federally recognized Indian tribes, and in cooperation with the State of Washington, the department shall assess the development of a legal and regulatory framework, coordinated between the State of Oregon and the State of Washington, for the allocation, distribution and management of developed water resources.

�� (6) In undertaking programs or using moneys appropriated by the Legislative Assembly, agencies, as defined in ORS 183.310, may, consistent with all other Oregon laws concerning the programs or use of the moneys, fund the study, design, engineering and construction of projects implementing the Walla Walla Water 2050 Strategic Plan that are located wholly or partially in the State of Washington if the projects:

�� (a) Benefit in-stream, out-of-stream or ground water demands in this state; and

�� (b) Are consistent with the objectives of the Walla Walla Water 2050 Strategic Plan. [2024 c.22 �1]

�� Note: 536.605 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.

�� Note: Sections 1 and 2, chapter 608, Oregon Laws 2021, provide:

�� Sec. 1. Water level assessment and budgeting. The Water Resources Department shall:

�� (1) Enter into a cost-matching agreement with the United States Geological Survey to develop and publish ground water budgets for all major hydrologic basins in this state.

�� (2) Contract for a person to produce a peer-reviewed report on statewide consumptive water use that summarizes historical irrigation consumptive water use for all irrigated fields and estimates open water evaporation from all major reservoirs in this state between 1984 and 2020.

�� (3) Expand a comprehensive ground water level monitoring network to improve estimates of changes in ground water storage.

�� (4) Measure progress in estimating and monitoring ground water levels, ground water recharge and consumptive ground water use by:

�� (a) Publishing one or more reports that quantify ground water recharge for all major hydrologic basins in this state;

�� (b) Producing statewide maps and datasets that quantify open water evaporation from all major reservoirs in this state;

�� (c) Collecting and processing data concerning baseline ground water levels and use;

�� (d) Assessing the time and cost of conducting ground water basin studies; and

�� (e) Prioritizing hydrologic basins in this state for study.

�� (5) Ensure that department staff members serve as community engagement coordinators to help communities provide the data described in this section and use the data collected by the department pursuant to this section. [2021 c.608 �1]

�� Sec. 2. Sunset. Section 1 of this 2021 Act is repealed on January 2, 2032. [2021 c.608 �2]

EMERGENCY WATER SHORTAGE POWERS

�� 536.700 �Drainage basin� defined. As used in ORS 536.700 to 536.780, �drainage basin� means one of the 18 Oregon drainage basins identified by the Water Resources Department as shown on maps published by that department dated January 1976. [1977 c.541 �3]

�� 536.710 Policy. (1) The Legislative Assembly finds that an emergency may exist when a severe, continuing drought results in a lack of water resources, thereby threatening the availability of essential services and jeopardizing the peace, health, safety and welfare of the people of Oregon.

�� (2) The Legislative Assembly finds it necessary in the event of an emergency described in subsection (1) of this section, to promote water conservation and to provide an orderly procedure to assure equitable curtailment, adjustment, allocation or regulation in the domestic, municipal and industrial use of water resources where more than one user is dependent upon a single source of supply. [1977 c.541 �1]

�� 536.720 Declaration of state authority; Governor�s power to order water conservation or curtailment plan. (1) Because municipal and other political subdivision boundaries do not conform with the geographic boundaries of the 18 major drainage basins, or associated subbasins in the state, and because problems caused by a severe continuing drought may exceed local ability to control, the Legislative Assembly declares that water resource conservation in time of severe, continuing drought requires the exercise of state authority.

�� (2)(a) After a declaration that a severe, continuing drought exists, or is likely to exist, the Governor may order individual state agencies and political subdivisions within any drainage basin or subbasin to implement, within a time certain following the declaration, a water conservation or curtailment plan or both, approved under ORS 536.780.

�� (b) Each state agency and political subdivision ordered to implement a water conservation or curtailment plan shall file with the Water Resources Commission such periodic reports regarding implementation of the plans as the commission or the Governor may require.

�� (3) Orders provided for in subsection (2) of this section and curtailments, adjustments, allocations and regulations ordered pursuant thereto shall be designed insofar as practicable not to discriminate within any class of consumers.

�� (4) It is the intent of the Legislative Assembly that curtailments, adjustments, allocations and regulations ordered pursuant to subsection (2) of this section be continued only so long as a declaration by the Governor of the existence of severe, continuing drought is in effect.

�� (5) The Governor may direct individual state agencies and political subdivisions of this state to seek enforcement of all orders and regulations issued pursuant to ORS

ORS 541.530

541.530 relates, threaten the safety of the structure, and the release of water from the structure contrary to the terms, limitations and conditions stated in the order is or may be necessary to remove such threat:

�� (1) The terms, limitations and conditions of the order shall not apply to such release of water.

�� (2) The owner, operator or person in immediate charge of the structure shall immediately notify the commission or the Water Resources Department of the situation.

�� (3) The owner, operator or person in immediate charge of the structure shall immediately notify, to the best of the person�s ability, those persons whose life or property may be threatened by such release of water. [1961 c.379 �6; 1985 c.673 �110]

�� 541.545 Compliance with orders of commission; enforcement. (1) No person shall fail to comply with an order of the Water Resources Commission made as provided in ORS 541.520 or 541.530.

�� (2) The commission may enforce any order made as provided in ORS 541.520 or 541.530, and may prosecute proceedings to enjoin violations of subsection (1) of this section. [1961 c.379 ��7,8; 1985 c.673 �111]

�� 541.550 [1987 c.855 �3; 1989 c.904 �69; renumbered 196.600 in 1989]

WATER PROJECT SUPPORT PROVIDERS

�� 541.551 Requirements for providers of water project support. (1) As used in this section:

�� (a) �Community engagement plan� means a plan to meaningfully engage and provide suitable access to decision-making processes for disproportionately impacted communities, underrepresented communities, tribal communities and all persons regardless of race, color, national origin or income in planning for water projects using identified best practices.

�� (b) �Disproportionately impacted communities� may include:

�� (A) Rural communities;

�� (B) Coastal communities;

�� (C) Areas with above-average concentrations of historically disadvantaged households or residents with low levels of educational attainment, areas with high unemployment, high linguistic isolation, low levels of homeownership or high rent burden or sensitive populations; or

�� (D) Other communities that face barriers to meaningful participation in public processes.

�� (c) �Local government� has the meaning given that term in ORS 174.116.

�� (d) �Local organization� means an organization that:

�� (A) Is a special government body as defined in ORS 174.117, a federally recognized Indian tribe, a nonprofit organization or other organization identified by a provider of water project support by rule as eligible to receive water project support; and

�� (B) Operates in an area affected by a water project.

�� (e) �Water project� includes watershed enhancement, in-stream flow protection or enhancement, water resource conservation or development, or water supply and wastewater treatment and disposal projects.

�� (f) �Water project support� means planning, technical assistance or financial support related to a water project that is provided to an eligible recipient by one of the following providers:

�� (A) The Department of Environmental Quality;

�� (B) The Oregon Business Development Department;

�� (C) The State Department of Fish and Wildlife;

�� (D) The Oregon Health Authority;

�� (E) The Oregon Watershed Enhancement Board; or

�� (F) The Water Resources Department.

�� (2) A provider of water project support:

�� (a) May make water project support available for the purpose of enabling local organizations and local governments to develop and implement community engagement plans related to a water project, including funding to increase participation by representatives of disproportionately impacted communities in planning processes and water project decision-making.

�� (b) Shall require that community engagement plans supported by the provider utilize goals and approaches for increased participation of disproportionately impacted communities in decisions related to the identification, scoping, design and implementation of water projects.

�� (c) Shall require that community engagement plans supported by the provider utilize best practices recognized by the provider under subsection (4) of this section.

�� (3) A provider of water project support may condition support for community engagement planning on the local organization or local government:

�� (a) Identifying disproportionately impacted communities and local demographics through the use of established systems; and

�� (b) Using best practices recognized by the provider under subsection (4) of this section to develop a plan for water project decision-making that:

�� (A) Invites and supports broad community participation that includes disproportionately impacted communities;

�� (B) Invites and supports tribal participation in the areas of water projects or proposed water projects, regardless of whether tribal members are represented in the community demographics;

�� (C) Establishes specific goals for equitable participation and water project decision-making and identifies specific realistic and achievable approaches for use in meeting those goals; and

�� (D) Provides for periodic reporting on the attempted or successful achievement of best practices in the decision-making process.

�� (4) Each provider of water project support shall, in coordination with the other providers, adopt rules recognizing best practices for use by the provider, local organizations and local governments to ensure that community engagement planning activities are carried out in the manner described in this section. Providers of water project support shall periodically coordinate with each other to ensure that best practices recognized by the providers are updated as necessary and are administered and used by the providers in a consistent manner. The Water Resources Department shall oversee the coordination process. The department shall ensure that the coordination process occurs at least once every five years. [2021 c.129 �1]

�� Note: 541.551 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 541.555 [1987 c.855 �2; renumbered 196.605 in 1989]

�� 541.557 [1987 c.855 �7; renumbered 196.610 in 1989]

�� 541.560 [1987 c.855 �8; renumbered 196.615 in 1989]

WATER PROJECT FEASIBILITY GRANTS

�� 541.561 Establishment of grant program; direct service cost payment; cost match; limitations; project evaluation. (1) The Water Resources Department shall establish a grant program to pay the qualifying costs of studies performed to evaluate the feasibility of projects related to:

�� (a) Water conservation.

�� (b) Water reuse.

�� (c) Aquifer recharge.

�� (d) Aquifer storage and recovery.

�� (e) Streamflow protection or restoration.

�� (f) Water storage.

�� (g) Other activities identified by rule by the Water Resources Commission.

�� (2) A grant under this section may be made to:

�� (a) A person, as defined in ORS 536.007.

�� (b) A public body, as defined in ORS 174.109.

�� (c) A federally recognized Indian tribe in Oregon that has members residing on a reservation or tribal trust lands in Oregon.

�� (d) A nonprofit organization.

�� (3) In lieu of grants, the department may pay the cost of providing direct services, including but not limited to technical services, for a study that is eligible for a grant under this section.

�� (4) A grant may be provided only if the amount of the grant is matched by an in-kind or cash cost match of not less than 25 percent of the grant amount. The commission may establish a maximum per project amount of grant funding that a project may receive or may increase the cost match for upcoming project cycles based on the availability of funds.

�� (5) Grants and the cost of direct services provided under this section must be paid from moneys available in the Water Project Feasibility Fund.

�� (6) In evaluating above ground storage projects for awards of grants or payments for direct services under this section, the department shall give priority to projects that include provisions for using stored water to augment in-stream flows to conserve, maintain and enhance aquatic life, fish life or other ecological values. [2008 c.13 �1; 2020 s.s.1 c.15 �17; 2025 c.82 �1]

�� Note: 541.561 to 541.581 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 541.565 [1987 c.855 �9; renumbered 196.620 in 1989]

�� 541.566 Studies eligible for grants or direct service cost payments. (1) A study receiving a grant or payment for direct services under ORS 541.561 may include activities necessary to assess the type, location, design, cost or other factors affecting the feasibility of a project described in ORS 541.561. Specific activities may include, but are not limited to:

�� (a) Analyses of hydrological refill capacity;

�� (b) Water needs analyses;

�� (c) Refined hydrological analyses;

�� (d) Engineering and financial feasibility studies;

�� (e) Geologic analyses;

�� (f) Water exchange studies;

�� (g) Analyses of by-pass, optimum peak, flushing and other ecological flows of the affected stream and the impact of a proposed project on those flows;

�� (h) Comparative analyses of alternative means of supplying water, including but not limited to the costs and benefits of conservation and efficiency alternatives and the extent to which long-term water supply needs may be met using those alternatives;

�� (i) Analyses of potential environmental, social, cultural or economic benefits, harm or impacts from a proposed project;

�� (j) Analyses of potential public benefits accruing from a proposed project;

�� (k) Fiscal analyses of a proposed project, including estimated project costs, financing for the project and projected financial returns from the project;

�� (L) Hydrological analyses of a proposed project, including the anticipated effects of climate change on hydrological refill capacity;

�� (m) Analyses of potential water quality impacts of the project;

�� (n) The development of water management and conservation plans and associated analyses that assess alternatives to achieve water conservation;

�� (o) Data collection and analyses related to the preparation of seasonally varying flow as prescribed in rules of the Water Resources Commission;

�� (p) Analyses associated with evaluating the safety of existing dams and evaluating actions to address safety deficiencies related to existing dams; and

�� (q) Analyses of impacts of a project on environmental justice or disproportionately impacted communities and ways to minimize impacts on environmental justice or disproportionately impacted communities.

�� (2) If a study concerns a proposed storage project that would impound surface water on a perennial stream, divert water from a stream that supports sensitive, threatened or endangered fish or divert more than 500 acre-feet of surface water annually, a grant or direct services payment may be provided only if the study contains:

�� (a) Analyses of by-pass, optimum peak, flushing and other ecological flows of the affected stream and the impact of the storage project on those flows;

�� (b) Comparative analyses of alternative means of supplying water, including but not limited to the costs and benefits of conservation and efficiency alternatives and the extent to which long-term water supply needs may be met using those alternatives;

�� (c) Analyses of environmental harm or impacts from the proposed storage project;

�� (d) Evaluation of the need for and feasibility of using stored water to augment in-stream flows to conserve, maintain and enhance aquatic life, fish life and any other ecological values; and

�� (e) For a proposed storage project that is for municipal use, analysis of local and regional water demand and the proposed storage project�s relationship to existing and planned water supply projects. [2008 c.13 �2; 2025 c.82 �2]

�� Note: See note under 541.561.

�� 541.567 [1987 c.855 �10; renumbered

ORS 541.669

541.669 to achieve the following outcomes:

�� (a) Issuing grants or loans only to projects that provide benefits in each of the three categories of public benefit described in ORS 541.673.

�� (b) Preferring partnerships and collaborative projects.

�� (c) Funding projects of diverse sizes, types and geographic locations.

�� (d) If a project proposes to divert water, preferring projects that provide a measurable improvement in protected streamflows.

�� (e) If a project proposes to increase efficiency, preferring projects that provide a measurable increased efficiency of water use.

�� (2) The commission shall periodically review the loan and grant program to assess to what extent the loan and grant program is achieving desired outcomes and providing public benefits.

�� (3) The commission shall modify the project selection process as necessary to better achieve the desired outcomes described in subsection (1) of this section. [2013 c.784 �9; 2025 c.82 �9]

�� Note: See note under 541.651.

�� 541.680 [1985 c.545 �4; renumbered 196.760 and then 196.895 in 1989]

�� 541.681 Conditions of grants for developing certain types of above-ground storage facilities. (1) The recipient of a grant from the Water Supply Development Account must agree to the condition set forth in subsection (2) of this section if the grant is for the development of a new or expanded above-ground storage facility that:

�� (a) Impounds surface water on a perennial stream;

�� (b) Diverts water from a stream that supports state or federally listed sensitive, threatened or endangered fish species; or

�� (c) Diverts more than 500 acre-feet of water annually.

�� (2) Twenty-five percent of the newly developed water from a project described in subsection (1) of this section must be dedicated to in-stream use.

�� (3) To establish that a project complies with subsection (2) of this section, the grant recipient may include water dedicated to in-stream use as a result of the conditions of federal, state or local permits for the project. [2013 c.784 �10]

�� Note: See note under 541.651.

�� 541.683 Demonstration of public benefits of project. (1) A project that receives a loan or grant from the Water Supply Development Account must:

�� (a) Demonstrate social or cultural benefits and economic benefits sufficient to qualify the project under the scoring and ranking system described in ORS 541.669; and

�� (b) Except as otherwise provided in ORS 541.681, demonstrate environmental benefits:

�� (A) By dedicating 25 percent of conserved water or newly developed water to in-stream use; or

�� (B) By demonstrating environmental benefits that are sufficient to qualify the project under the scoring and ranking system described in ORS 541.669.

�� (2) The description of public benefit requirements in subsection (1) of this section does not exempt any project from meeting the minimum criteria designed by the Water Resources Commission under ORS 541.677.

�� (3) To establish that a project complies with subsection (1)(b) of this section, the loan or grant recipient may include water dedicated to in-stream use as a result of the conditions of federal, state or local permits for the project. [2013 c.784 �11]

�� Note: See note under 541.651.

�� 541.685 [1985 c.545 �5; renumbered 196.765 and then 196.900 in 1989]

�� 541.686 Protection of project water dedicated to in-stream use. If a project dedicates water to in-stream use under the requirements described in ORS 541.681 or as allowed under ORS 541.683, the Water Resources Department shall protect the dedicated water in-stream consistent with the priority of the dedicated water source. Dedicated water from projects may come from newly developed water or from other sources and may be put in-stream at other locations in the tributary if the department determines as provided under ORS 540.530 that the alternate location would not injure existing water rights and, in consultation with the State Department of Fish and Wildlife, determines that the alternate location would provide greater or equal environmental benefit. The Water Resources Department, in consultation with the State Department of Fish and Wildlife, shall determine the timing of the flows to maximize in-stream benefits in a manner consistent with public health and safety. [2013 c.784 �12]

�� Note: See note under 541.651.

�� 541.689 Projects requiring determination of seasonally varying flows; methodology. (1) The Water Resources Department shall make a determination as provided under subsection (2) of this section if an application for a loan or grant from the Water Supply Development Account is for a project that requires a limited license, water right certificate or water right permit that enables the storage of water, either in above-ground storage or in aquifer recharge, outside of the official irrigation season and:

�� (a) Impounds surface water on a perennial stream;

�� (b) Diverts water from a stream that supports state or federally listed sensitive, threatened or endangered fish species; or

�� (c) Diverts more than 500 acre-feet of surface water annually.

�� (2) The department shall review a completed application for a project described in subsection (1) of this section to determine whether the applicable seasonally varying flows have been established under this section for the stream of interest. If the department determines that the applicable seasonally varying flows have not previously been established, the department shall establish the seasonally varying flows before disbursing funds for a loan or grant from the account. The department may use account moneys to pay the cost of establishing a seasonally varying flow, to fund long-term monitoring of compliance with established seasonally varying flows and to pay other costs directly related to project development.

�� (3) The Water Resources Department shall establish any seasonally varying flows under subsection (2) of this section in consultation with the State Department of Fish and Wildlife and any affected Indian tribes. The Water Resources Department may rely upon existing scientific data and analysis or may fund new data and analysis. The Water Resources Department shall establish seasonally varying flows using a methodology established by Water Resources Commission rules.

�� (4) Notwithstanding ORS 537.270, if the department establishes applicable seasonally varying flows for the stream of interest, the department shall make the seasonally varying flows a condition of:

�� (a) The new or existing limited license, water right certificate or water right permit that enables the storage of water, either in above-ground storage or in aquifer recharge, outside of the official irrigation season and that is issued for any project described in subsection (1) of this section that receives a loan or grant from the account; and

�� (b) The new or existing limited license, water right certificate or water right permit issued for any subsequent project that:

�� (A) Receives a loan or grant from the account;

�� (B) Is for either above-ground storage or aquifer recharge outside of the official irrigation season; and

�� (C) Has a diversion point that is subject to seasonally varying flows.

�� (5) The applicant for or holder of a certificate, permit or license described in subsection (4)(b) of this section may request that the applicable seasonally varying flows established under subsection (2) of this section for the stream of interest be altered based upon new information. There is, however, a rebuttable presumption that existing applicable seasonally varying flows protect and maintain the biological, ecological and physical functions of the stream to the extent required by commission rules.

�� (6) The department shall condition a water permit and resulting certificate, aquifer recharge permit and resulting certificate or limited license for a project that receives a grant or loan from the account and meets the other conditions described in subsection (4) of this section to protect the seasonally varying flow in effect at the time, before disbursing funds for the loan or grant for the project.

�� (7) For purposes of any project that receives a loan or grant from the account and meets the other conditions described in subsection (4) of this section, the department shall use a seasonally varying flow methodology provided by commission rules in lieu of any other methodologies for determining seasonally varying flows or any methodologies for determining peak and ecological flows outside of the official irrigation season.

�� (8) Subsections (1) to (7) of this section do not eliminate or alter any applicable standard for department review of an application to determine whether water is available for purposes of reviewing an application for a new limited license, water right certificate or water right permit that enables the storage of water, either in above-ground storage or in aquifer recharge, outside of the official irrigation season.

�� (9) When conditioning an existing limited license, water right certificate or water right permit for aquifer recharge, the department shall only condition the use of water associated with a funded project. [2013 c.784 �13; 2015 c.156 �6; 2025 c.82 �10]

�� Note: See note under 541.651.

�� 541.692 Permits; requirements for project operation. (1) Before loan or grant moneys are expended from the Water Supply Development Account for the construction of a project, the recipient must obtain all applicable local, state and federal permits. Project materials must include a notation indicating that Water Resources Department funding was used for the project.

�� (2) The loans or grants may be conditioned to require that the recipient complete and operate the funded project as described in the loan or grant application. The department may require that before commencing the operation of a project funded with account moneys, the funding recipient demonstrate that the public benefits identified for the project, including any environmental benefits proposed at a location other than the project site, will be realized in a timely fashion.

�� (3) At regular intervals, and upon completion of the project, the loan or grant recipient must submit updates to the department that describe the completed work, the public benefits achieved and project expenditures. The recipient must regularly measure and report the water diverted and used from the project. The recipient must monitor, evaluate and maintain the project for the life of the loan, or for a specified number of years for a grant, and provide annual progress reports to the department. The department may impose other project-specific conditions by noting the conditions during project evaluation and including the condition in the funding agreement for the project.

�� (4) The department may terminate, reduce or delay funding for a project if the loan or grant recipient fails to comply with any provision of subsections (1) to (3) of this section. [2013 c.784 �14]

�� Note: See note under 541.651.

�� 541.695 [1971 c.754 �12; 1977 c.417 �3; 1989 c.837 �19; renumbered 196.770 and then 196.905 in 1989]

�� 541.696 Standards for security of loans from account; rules. (1) The Water Resources Commission shall adopt rules establishing standards for borrowers obtaining loans issued from the Water Supply Development Account. The commission shall design the standards to ensure that all loans have a high probability of repayment and that all loans are adequately secured in the event of a default. The commission shall solicit comments from the Oregon Department of Administrative Services and the State Treasurer when designing the standards. The standards may include, but need not be limited to, standards that give preference to entities with ad valorem taxing authority.

�� (2) If the Water Resources Department approves a loan from the account for the implementation of a water development project, the department may require that the applicant enter into a loan contract, secured by a first lien or by other good and sufficient collateral. [2013 c.784 �15]

�� Note: See note under 541.651.

�� 541.697 Water Resources Department Water Supply Fund. The Water Resources Department Water Supply Fund is established separate and distinct from the General Fund. Interest earned on moneys deposited in the Water Resources Department Water Supply Fund shall be credited to the fund. The fund consists of lottery bond proceeds, interest credited to the fund and any other moneys deposited in or transferred to the fund. Moneys in the fund are continuously appropriated to the Water Resources Department for grants, loans and other expenditures related to the water supply. [2009 c.906 �10; 2011 c.624 �5; 2015 c.812 �14; 2019 c.671 �6; 2021 c.682 �8; 2023 c.599 �40; 2025 c.633 �50]

Note: 541.697 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

WATER DEVELOPMENT PROJECTS

(Definitions)

�� 541.700 Definitions for ORS 541.700 to 541.855. As used in ORS 541.700 to 541.855, unless the context requires otherwise:

�� (1) �Commission� means the Water Resources Commission appointed under ORS 536.022.

�� (2) �Construction� means the construction, or improvement or rehabilitation, in whole or in part, of a water development project, including planning and engineering work, purchasing or refinancing directly related to such construction or improvement or rehabilitation, or any combination of such construction or improvement or rehabilitation. As used in this subsection:

�� (a) �Purchasing� means the purchasing of materials, land or existing facilities necessary to complete a water development project.

�� (b) �Refinancing� includes refinancing existing debt of a water developer, as defined in subsection (7)(f) to (m) and (o) of this section, in order to complete a water development project or to provide adequate security for a water development loan, but does not include refinancing existing debt only to reduce interest rates or costs to the borrower or to pay off existing debt.

�� (3) �Director� means the Water Resources Director appointed pursuant to ORS 536.032.

�� (4) �Federal water development project� means any water development project that receives funding from the federal government, or any agency or instrumentality of the United States.

�� (5)(a) �Secondary use� means:

�� (A) Any water-related recreational use.

�� (B) Any flood control use.

�� (C) Any power generation use.

�� (D) Any water supply system utilized as a domestic water system for the benefit of an individual residence related to the operation of the water development project.

�� (b) �Secondary use� does not include any use that is incompatible with a water development project.

�� (6) �Water development project� means:

�� (a) An undertaking, in whole or in part, in this state for the purpose of irrigation, including structures for the application of water for agricultural harvest activities, dams, storage reservoirs, wells or well systems, pumping plants, pipelines, canals, ditches, revetments, water supply systems used for the purpose of agricultural temperature control and any other structure, facility and property necessary or convenient for supplying lands with water for irrigation purposes.

�� (b) An undertaking, in whole or in part, in this state for the purpose of drainage, including ditching, tiling, piping, channel improvement, pumping plants or other agronomically approved methods of land drainage that will increase soil versatility and productivity.

�� (c) An undertaking, in whole or in part, in this state for the purpose of providing water for municipal use, which may include safe drinking water for communities with population less than 30,000, including dams, storage reservoirs, wells or well systems, pumping plants, treatment facilities, pipelines, canals, ditches, revetments and all other structures and facilities necessary or convenient for supplying water. An undertaking may provide water to two or more communities with a combined population of more than 30,000. An undertaking may be part of a project that provides water to a community with a population of more than 30,000, but loans of moneys from the Water Development Fund, including moneys in ORS 285B.563 (11) may be made only to communities served by the project that have a population of less than 30,000.

�� (d) An undertaking, in whole or in part, in this state for the purpose of fish protection, including fish screening or by-pass devices, fishways and all other structures and facilities necessary or convenient for providing fish protection.

�� (e) An undertaking, in whole or in part, in this state for the purpose of enhancing watershed health or improving fish habitat, including methods and materials to restore, maintain and enhance the biological, chemical and physical integrity of the riparian zones and associated uplands of the state�s rivers, lakes and estuaries systems and recommended by the Oregon Watershed Enhancement Board established under ORS 541.900.

�� (f) Secondary uses in conjunction with projects described in paragraphs (a) to (e) of this subsection.

�� (7) �Water developer� means:

�� (a) Any individual resident of this state;

�� (b) Any partnership for profit subject to the provisions of ORS chapter 67 or 70, whose principal income is from farming in Oregon;

�� (c) Any corporation for profit subject to the provisions of ORS chapter 60, whose principal income is from farming in Oregon;

�� (d) Any nonprofit corporation subject to the provisions of ORS chapter 65, whose principal income is from farming in Oregon;

�� (e) Any cooperative subject to the provisions of ORS chapter 62, whose principal income is from farming in Oregon;

�� (f) Any irrigation district organized under or subject to ORS chapter 545;

�� (g) Any water improvement district organized under ORS chapter 552;

�� (h) Any water control district organized under ORS chapter 553;

�� (i) Any irrigation or drainage corporation organized under or subject to ORS chapter 554;

�� (j) Any drainage district organized under ORS chapter 547 or subject to all or part of ORS chapter 545;

�� (k) Any corporation, cooperative, company or other association formed prior to 1917 for the purpose of distributing water for irrigation purposes;

�� (L) Any port district organized under ORS 777.005 to 777.725, 777.915 to 777.953 and

ORS 541.855

541.855. Moneys expended from the fund may include those expended or to be expended for engineering, legal fees and acquisition of water rights and property required for rights of way or facility locations. Interest earned by the fund shall be credited to the fund. [1977 c.246 �18; 1985 c.673 �124; 1989 c.966 �61]

�� 541.840 Emergency Board request for funds to pay administrative expenses; repayment of board allocations. (1) If there are insufficient funds in the Water Development Administration and Bond Sinking Fund to make the payments referred to in ORS 541.830 (1), the Water Resources Commission may request the funds necessary for such payments from the Legislative Assembly within the budget authorized by the Legislative Assembly or as that budget may be modified by the Emergency Board.

�� (2) When the commission determines that moneys in sufficient amount are available in the Water Development Administration and Bond Sinking Fund, the commission 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. [1977 c.246 �30; 1985 c.673 �125; 1991 c.703 �48]

�� 541.845 Rules. (1) In accordance with the applicable provisions of ORS chapter 183, the Water Resources Commission may adopt rules necessary to carry out ORS 541.700 to 541.855.

�� (2) In adopting rules establishing guidelines or criteria for awarding loans or grants for drinking water projects, the commission shall coordinate the Water Resources Department�s rulemaking process with the Oregon Business Development Department and the Oregon Health Authority in order to ensure that rules adopted under this subsection are consistent with rules adopted under ORS 285B.563 and

ORS 542.110

542.110, 548.365, 555.030 or 555.070, nor in sections 58 to 65, 70 or 75, chapter 707, Oregon Laws 1955, shall be construed to take away or impair any right to any waters or to the use of any waters vested or inchoate prior to January 1, 1956. [1955 c.707 �77; 1969 c.168 �2; 1985 c.673 �182]

�� 536.595 Department discussions with Corps of Engineers over operation of Detroit Lake. In discussions held with the United States Army Corps of Engineers over seasonal operations of impoundments within the Willamette Basin reservoir system, including Detroit Lake, the Water Resources Department shall:

�� (1) Specify that the State of Oregon has determined that Detroit Lake is an important recreational resource to the citizens of Oregon.

�� (2) Encourage the United States Army Corps of Engineers to place Detroit Lake as the highest priority recreational use lake in the Willamette Basin reservoir system.

�� (3) If the United States Army Corps of Engineers indicates that recreational use of Detroit Lake will not receive the highest priority, notify communities that may be detrimentally affected by such a decision and hold public meetings within the affected communities. [2001 c.837 �1]

�� Note: 536.595 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.

�� 536.600 [1993 c.765 �104; renumbered

ORS 545.482

545.482, 545.484 and 545.508, the board or an officer of an irrigation district is referred to, the corresponding board or officer of a water control district shall perform the required actions. [1991 c.459 �431b]

�� 553.540 Assessments to be levied by order of board; filing copy thereof; notice; lien; time for payment; interest. (1) All assessments shall be levied by an order of the board. The order shall state the description of the land assessed, the name of the owner of the land as such name appears on the records of the district, or the records of the county assessor, the type and kind of assessment, the amount of the assessment due, and the due date. It shall not be necessary to issue a separate order for each tract of land in a subdistrict, and any number of tracts in the same subdistrict and the same county may be included in one order. A copy of the order levying an assessment, certified and acknowledged by the secretary of the district, shall be filed with the county clerk of the county in which the land is located. Upon being filed, the assessment shall constitute a lien against the land assessed, prior in time to any other liens, rights or interests in the tracts of land described except liens for taxes levied by the state or county.

�� (2) Notice of all assessments levied by a district shall be given to the landowner by mail and shall be payable on the 30th day after such notice is mailed. All assessments paid after the due date shall be charged interest at the rate of not more than 12 percent per annum. All assessments shall be paid to the secretary-treasurer of the district and a receipt shall be issued therefor. From time to time the board shall order the satisfaction of the liens against lands on which assessments have been paid, and a copy of such order shall be filed with the county clerk of the county in which the lands are located. [Amended by 1961 c.186 �9; 1981 c.122 �1]

�� 553.550 Loans; assignment of assessments as security for. A district may borrow money and secure repayment of the same by the assignment of any assessments theretofore levied. Whenever a levied assessment is assigned to secure the repayment of any sum of money borrowed, the assessment shall be paid to the assignee thereof or the agent of the assignee.

�� 553.560 Foreclosure of assessment; procedure; district may bid and purchase; deed; right of redemption. (1) After the date fixed as the time when an assessment shall become due, the board, by resolution, shall direct that all delinquent assessments then unpaid, whether for operation and maintenance, improvement, construction, or other purposes, shall be foreclosed by the district. Such foreclosure shall follow the general procedures of a suit in equity and shall be filed in the circuit court of the county in which the land to be foreclosed is situated. If land in two or more counties is to be foreclosed, separate proceedings shall be commenced in each county as to the lands therein. The district may recover in such suit the costs and disbursements and other expenses of foreclosure. Any number of tracts of lands, whether they are delinquent for the same or any number of assessments or for the same or several years, may be foreclosed in the same suit. The court may award reasonable attorney fees to the district if the district prevails in a foreclosure action under this section. The court may award reasonable attorney fees to a defendant who prevails in a foreclosure action under this section if the court determines that the district had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

�� (2) The judgment in such suit shall order the sale of such property and fix the time for holding the sale, which shall be not more than four weeks from the date of the judgment, and shall order the sheriff of the county to hold the same as other foreclosure sales, upon giving notice thereof for two consecutive weeks prior to the day of sale, by publication of notice once each week in a newspaper published in the county in which the land to be sold is situated and by posting notices in three public and conspicuous places in the county at least two weeks prior to the day of sale.

�� (3) The district may be a bidder and purchaser of property upon such sale. Upon such sale the sheriff immediately shall issue a deed to the property sold, and no right of redemption shall exist. [Amended by 1981 c.897 �64; 1995 c.696 �30; 2003 c.576 �520]

�� 553.570 Withdrawal of land from foreclosure sale; payment of lien, taxes and proportion of costs. At any time prior to sale or at the time of sale as provided by ORS 553.560, the former owner, assessment payer or holder of legal or equitable title or lien upon or to any tract of land included in the foreclosure and judgment may pay the amount of the lien foreclosed, together with such amount of state and county taxes as the district may have paid and a proportionate amount of the costs incurred in such foreclosure proceedings, and withdraw the tract of land from the foreclosure sale. If made prior to the judgment, the payment shall be tendered to the clerk of the court, together with a written appearance in the suit. If made after the judgment is entered, the payment shall be tendered to the sheriff ordered to hold the sale. If payment is made before judgment, the tract of land then shall be excluded from the foreclosure proceedings. If payment is made after judgment, the district shall issue satisfaction of lien to such former owner, assessment payer or holder of equitable or legal title upon the tract of land and file the same for record. [Amended by 2003 c.576 �521]

�� 553.580 Payment of state and county taxes by district. At any time after any assessment levied under this chapter becomes delinquent, the district may pay any state and county taxes due or delinquent against such tracts of land as are delinquent in the payment of the district assessment, and add such amount to and foreclose the same as part of the lien of the district against such tracts of land.

�� 553.585 Claims; presentation; payment. All claims against the district shall be presented to the district board for allowance or rejection. Upon allowance, the claim shall be attached to a voucher verified by the claimant or agent of the claimant, approved by the president of the board and countersigned by the secretary, and directed to the treasurer of the district for the issuance of a check for payment of the claim against the proper fund in the custody of the district. Each claim presented and approved by the board shall have indorsed upon it the particular fund from which it is to be paid by the treasurer. Claims against the district for administrative expense and for any costs or expenses which are not properly chargeable directly to a particular subdistrict shall, when allowed by the district board, be paid from the general fund of the district. [Formerly 553.590]

�� 553.590 [Renumbered 553.585]

�� 553.592 [1965 c.623 �42; repealed by 1991 c.459 �431c]

�� 553.595 [1965 c.623 �43; repealed by 1991 c.459 �431c]

�� 553.600 [1965 c.623 �44; repealed by 1991 c.459 �431c]

BONDS

�� 553.610 Assessments or taxes upon bond issue. Any water control district issuing bonds may, after an affirmative vote at any regular or special election called or held pursuant to the Water Control District Act, proceed to levy and collect assessments or ad valorem taxes as provided in subsections (1) and (2) of this section.

�� (1) A water control district may proceed to levy and collect assessments for any purposes of the water control district on a benefited basis as provided in ORS 553.330 and as determined under ORS 553.340 to 553.380. However, no change in method of assessment shall be made except with the consent of the holders of outstanding bonds.

�� (2) In lieu of the provisions of subsection (1) of this section and not in addition thereto, a water control district may proceed to levy an ad valorem tax for the purpose of paying the principal and interest on bonded indebtedness when it becomes due. [1965 c.623 �14a]

�� 553.615 Assessments by order of board. In lieu of the provisions contained in ORS 553.535 to 553.580, a district may levy any one or all of the assessments provided in this chapter by an order of the board. The order shall state the description of the land assessed, the name of the owner of the land as such description and name appears on the records of the county assessor, the type and kind of assessment, the amount of the assessment due, which shall be certified by the board not later than July 15 of each year to the county assessor of each county in which lands of the district are situated. The county assessor shall enter the assessment upon the county assessor�s roll against the property therein described, in the same manner as other municipal taxes are entered by the county assessor. The collection of the assessment shall be coincident with collection of the state and county tax, and shall be governed by the laws relating thereto. [1965 c.623 �15]

�� 553.620 Ad valorem tax in lieu of assessment. (1) A water control district may, in lieu of any or all of the assessments provided in this chapter, levy an ad valorem tax upon all taxable property situated within the boundaries of the district or subdistricts for a purpose or purposes expressed therein. A levy of an ad valorem tax for a given purpose shall not be in addition to any other assessments by a water control district for that purpose.

�� (2) As used in this section, �purpose� means the type of service to be performed by the district, or subdistrict, as set forth in ORS 553.020 (1) and (2). When the construction of an improvement serves more than one purpose, the cost of construction or the cost of maintenance shall be allocated between the two or more purposes on the basis of engineering studies. [1965 c.623 �16; 1969 c.691 �9]

�� 553.623 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 �46]

�� 553.625 Levy and collection of tax authorized by ORS 553.620. The ad valorem tax provided for in ORS 553.620 shall be levied and collected in the manner otherwise provided by law for the levy and collection of real property taxes. The board shall prepare a budget in the form, manner and time prescribed in ORS 294.305 to 294.565 (the Local Budget Law), for the district and for each subdistrict for which taxes are to be levied and assessed, and in accordance therewith shall fix the amount of money to be raised by taxation for the district and for each subdistrict. Thereafter the levy shall be equalized and the tax collected and turned over to the district as otherwise provided by law for public corporations. [1965 c.623 �17]

�� 553.630 Terms and conditions of bonds; bond register. (1) The bonds issued shall be numbered consecutively, commencing with number 1. They shall mature serially in annual amounts so as to be approximately equal, principal and interest, commencing not more than five years and extending not more than 50 years after the date of issue, as the board of directors may determine, or in case the board deems it advisable to submit the question of maturities at the bond election, then as the electors may determine. They shall be negotiable in form. The bonds may be issued when so authorized by the electors so as to include a sum sufficient to pay the first four years� interest, or less, to accrue on the bonds.

�� (2) The bonds shall bear interest at a rate determined by the board of directors, payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the places designated in the bonds and coupons. The bonds shall be signed by the president and secretary. Coupons for interest shall be attached to each bond, and may be signed with the printed, lithographed or engraved facsimile signature of the secretary.

�� (3) The secretary of the district shall register the bonds in books kept in the office of the secretary for that purpose, and therein must be stated the number, date, amount of bond, time and place of payment, rate of interest, number of coupons attached, and any other description proper for future identification of each bond. This section shall not be construed to provide that any bond of the district shall bear a registration certificate by the secretary. [1965 c.623 �20; 1969 c.691 �10; 1991 c.459 �431d]

�� 553.635 Contract provisions for payment of government construction charges. The contract provisions for the payment of construction charges to the United States, and the bonds securing the payment of the same, if any are issued and deposited, may be of such denomination and may call for the payment of such interest not exceeding six percent per annum, may provide for such installments and for repayment of the principal at such times, as may be required by the federal laws and as may be agreed upon between the board and the appropriate federal agency. [1965 c.623 �21]

�� 553.640 Sale of bonds; cancellation. (1) The board may sell from time to time the bonds which have been authorized by the electors and in such quantities as may be necessary and most advantageous. Before making any sale the board shall, at a meeting, by resolution, declare its intention to sell a specified amount of bonds, and the day, hour and place of such sale, and shall cause the resolution to be entered on the minutes. Notice of sale shall be given by publication. The notice shall state that sealed proposals will be received by the board at its office for the purchase of the bonds until the day and hour named in the resolution. At the time appointed, the board shall open the proposals and may reject any or all bids. After offering the bonds for sale, as above provided, if no satisfactory bid is received, the board may use the bonds for any purpose for which the proceeds from the sale of bonds may be used, but the board shall in no event sell or dispose of any bonds for less than 90 percent of their face value.

�� (2) The board may by resolution entered on its records cancel any bonds which may have been voted or issued which have not been sold or deposited as security for funds advanced or to be advanced, and which the state, United States or any person has no claim to or equity in. After such cancellation, the bonds shall not be sold or otherwise disposed of; they shall be invalid and of no effect; and the board may not replace them without authorization of the electors. [1965 c.623 �22]

�� 553.643 Bond given for federal loan; form; terms. The district may borrow from the United States or an agency thereof, by furnishing the agency with a single bond or other evidence of indebtedness in such form and on such terms as are required by the federal laws and as may be agreed upon between the board and the federal agency. [1969 c.691 �12; 1991 c.459 �431e]

�� 553.645 Payment from annual taxes and assessments of bond-related amounts due government. The bonds and the interest thereon and all payments due or to become due to the United States under any contract between the district and the United States, accompanying which bonds of the district have not been deposited with the United States, and all obligations for the payment of money authorized and incurred under this chapter, shall be paid by the revenue derived from the annual charges upon the owners or occupants of, or taxes or assessments upon, the land in the subdistrict. All the owners or occupants or lands in the subdistrict shall be and remain liable to be charged, taxed or assessed for such payments as provided in the Water Control District Act and under and subject to the provisions thereof. [1965 c.623 �23; 1991 c.459 �431f]

�� 553.650 Property liable for indebtedness of district. In addition to the provisions for the payment of bonds and interest by taxation and other provisions of this chapter, all the property of the subdistrict, including irrigation and other works, shall be liable for the indebtedness of the subdistrict. The holder of the bonds, or the United States in case contract has been executed by the United States, may, in case of default in the payment of interest or principal on the bonds, or the amount due on the contract, upon the order of the circuit court, take possession of the works of the subdistrict and operate the same until the amount in default is fully paid. [1965 c.623 �24]

�� 553.655 Bond elections in subdistricts. (1) Upon order of the board, an election shall be held in the subdistrict to determine whether bonds in any amount the board may deem necessary shall be issued for any purpose necessary or convenient in carrying out the provisions of this chapter, including the refunding of outstanding bonds.

�� (2) If a majority of the votes cast at the election approve the issuance of the bonds, the board shall cause bonds in that amount to be issued, or such portion thereof as may be necessary from time to time. If the majority of the votes cast disapprove issuance of the bonds, the result of the election shall be entered of record.

�� (3) Whenever thereafter the board in its judgment deems it for the best interest of the subdistrict that the question of the issuance of bonds in any amount shall be submitted to the electors, it shall so declare of record in its minutes, and may thereupon submit such questions to the electors in the same manner and with like effect as at the previous election. [1965 c.623 ��18,19; 1971 c.647 �122]

�� 553.660 Tax or assessment as lien on property. Any tax or assessment upon land shall be a lien against the property assessed or taxed, and such lien for all payments due or to become due under any contract with the United States or for the payment of principal or interest of bonds deposited with the United States shall be a preferred lien to any assessments for bonds issued subsequent to the date of such contract or the issuance of the bonds deposited with the United States. No subdistrict tax or assessment lien shall be removed until the assessments or tax is paid with interest and penalties or the property sold for the payment thereof. [1965 c.623 �25]

�� 553.665 Bond Fund; Bond and United States Contract Fund; Construction Fund; General Fund. The treasurer shall keep a �Bond Fund� account or a �Bond and United States Contract Fund� account, as the case may be, into which shall be deposited all moneys arising from the sale of refunding bonds and from charges, assessments, taxes and levies until there is sufficient money in the fund to meet the next installment of principal and interest upon bonds of the subdistrict and to meet all payments for construction and other purposes to the United States. From the fund the treasurer shall pay moneys due as principal and interest on bonds as they mature and the bonds and coupons are presented and as payments to the United States fall due. Moneys received from the sale of bonds and otherwise for construction or acquisition of works by the subdistrict shall be deposited into a �Construction Fund.� All other moneys received by the subdistrict shall be deposited into a fund known as the �General Fund,� from which shall be defrayed all obligations of the subdistrict other than those in this section described. The Bond and United States Contract Fund accounts shall be devoted to the obligations of the subdistrict payable therefrom in the order of the priority of the creation of the obligations. [1965 c.623 �26; 1991 c.459 �431g]

�� 553.670 Process for issuance of bonds. Bonds authorized by this chapter shall be issued in the manner prescribed in ORS chapter 287A. [1965 c.623 �27; 1997 c.171 �21; 2007 c.783 �220]

CONTRACTS WITH OTHER GOVERNMENTAL UNITS FOR CONSTRUCTION OF WORKS

�� 553.710 Intergovernmental agreements; levy of tax to meet obligations. After the creation of a subdistrict, and with the approval of the electors of the subdistrict, a water control district may enter into intergovernmental agreements under ORS chapter 190 for the construction of works within the subdistrict or outside of the subdistrict for the benefit of lands within the subdistrict. If by reason of an intergovernmental agreement a district becomes obligated to contribute all or any part of the cost of constructing such works or to furnish rights of way or to pay for the cost of improvements to be made in conjunction with the construction of such works or to maintain and operate the works after the construction thereof, the district may levy an ad valorem tax against the lands within the subdistrict for the purpose of raising funds with which to discharge its obligations under the agreement and to pay the costs and expenses incurred by the district in connection therewith. The levy of an ad valorem tax for such purposes shall be in lieu of and not in addition to any other method of levying assessments by a water control district. [Amended by 1991 c.459 �431h; 2003 c.802 �142]

�� 553.720 Manner of collecting tax; budget; equalizing levy. The ad valorem tax provided for in ORS 553.710 shall be levied and collected in the manner otherwise provided by law for the levy and collection of property taxes. The board shall prepare a budget in the form, manner and time prescribed in ORS 294.305 to 294.565 (the Local Budget Law), for each subdistrict for which taxes are to be levied and assessed, and in accordance therewith shall fix the amount of money to be raised by taxation for each subdistrict. Thereafter the levy shall be equalized and the tax collected and turned over to the district as otherwise provided by law for public corporations. [Amended by 2017 c.26 �10]

�� 553.730 Limitation on tax levy. No levy of an ad valorem tax under ORS 553.710 for any one year shall exceed one-half of one percent (0.005) of the real market value of all taxable property within the subdistrict, computed in accordance with ORS 308.207. If the total sum of money required to be raised under the terms of a contract entered into by a district, together with the sum of money to be raised to pay the costs and expenses of the district incurred in connection therewith, exceeds such limitation, a levy for each year thereafter shall be made by the district until the entire contract obligation has been discharged. [Amended by 1963 c.9 �31; 1991 c.459 �432]

�� 553.740 Issuance of warrants. After the amount of a levy under ORS 553.710 is determined and turned over to the county assessor, a district may issue warrants to an amount not in excess of 75 percent of the amount of the levy. The warrants shall be serially numbered and shall bear interest of not more than six percent and shall be paid by the treasurer of the district in the order of issuance upon receipt of funds from the county treasurer.

�� 553.750 Loan contracts with state or federal agencies; obligation of district; recording certificates. (1) Whenever a district has adopted, as the engineering plan for a subdistrict, a project work plan prepared for the subdistrict by a department of the federal government, and in connection with the development of such plan desires to borrow money from any state or federal agency, such district may, in lieu of levying a preliminary assessment, and with the approval of the electors of the subdistrict, enter into a loan contract with such agency.

�� (2) The loan contract shall be in such form and shall contain such terms as may be agreed upon by the agency and the district; the district may agree to levy a construction assessment against each tract of land benefited within the subdistrict, to do all acts and things necessary therefor, to assign to the lending agency the construction assessments as security for the loan and to perform all such acts within such period of time as may be agreed to between the district and the state or federal lending agency.

�� (3) In the event that a state or federal lending agency pays over money to a district pursuant to the terms of a loan contract and the district fails, refuses or neglects to levy the construction assessments, to obtain or prepare a benefit roll, to assign the construction assessments, or in any other manner not to perform as it agreed to under the loan contract, the state or federal lending agency shall have the right, at its election, to apply to the circuit court for the county in which is located the largest part of the lands within the subdistrict for a writ of mandamus, or any other order or writ, to require the district, its directors, officers and agents to do such acts and things as the district agreed to do under the terms of the loan contract. All costs, charges and expenses pertaining to the issuance and execution of any such writ or order shall be charged to and collected from the lands subject to the construction assessments in addition to such construction assessments.

�� (4) Upon the execution of a loan contract, the district shall record with the county clerk for the county in which the lands within the subdistrict are located, a certificate which shall state the date of the loan contract, the maximum amount of the loan, the recording data pertaining to the recorded order creating the subdistrict, the term of the loan and the rate of interest. Such certificate shall give notice that all lands within the subdistrict determined to be benefited by the construction of the works referred to in the engineering plan will be subject to construction assessments thereafter to be levied. [1961 c.186 �2; 1991 c.459 �432a]

�� 553.760 When land benefited by irrigation project. No tract of land shall be considered to be benefited by the construction, operation, maintenance or improvement of irrigation works unless the owner of such land enters into an irrigation contract with the district. The irrigation contract shall be in such form as shall be prescribed by the district. Upon being executed the contract shall be recorded with the county clerk of the county in which such lands are located and the recording of the contract shall constitute notice that such lands are subject to all maintenance and operation assessments thereafter levied and all other assessments thereafter or theretofore levied by the district. [1961 c.186 �3]

�� 553.810 [Repealed by 1969 c.691 �13]

APPEALS

�� 553.815 Judicial review of tax or assessment. Owners of any property against which an assessment or tax has been levied may seek a review thereof under ORS 34.010 to 34.100. [1969 c.691 �15]

�� 553.820 [Repealed by 1969 c.691 �13]

DISSOLUTION

�� 553.850 Dissolution upon majority vote. Any water control district may be dissolved whenever a majority vote of the electors of the district voting at an election for such purpose favors the dissolution. [1965 c.623 �28]

�� 553.855 [1965 c.623 �29; repealed by 1971 c.727 �203]

�� 553.860 [1965 c.623 �30; repealed by 1971 c.727 �203]

�� 553.865 [1965 c.623 �31; repealed by 1971 c.647 �149]

�� 553.870 [1965 c.623 �32; repealed by 1971 c.727 �203]

�� 553.875 [1965 c.623 �33; repealed by 1971 c.727 �203]

�� 553.880 [1965 c.623 �34; repealed by 1971 c.727 �203]

�� 553.885 [1965 c.623 ��35,36; repealed by 1971 c.727 �203]

�� 553.890 [1965 c.623 �37; repealed by 1971 c.727 �203]

�� 553.895 [1965 c.623 �38; repealed by 1971 c.727 �203]

�� 553.900 [1965 c.623 �39; repealed by 1971 c.727 �203]

�� 553.905 [1965 c.623 �40; repealed by 1971 c.727 �203]

�� 553.910 [1965 c.623 �41; repealed by 1971 c.727 �203]

ORS 545.598

545.598; 1999 c.452 �11]

�� 545.090 [Amended by 1995 c.42 �55; renumbered 545.253 in 1995]

�� 545.091 Inclusion of lands not subject to charges of district. The boundaries of a district may for administrative convenience encompass lands that are not subject to the charges and assessments of the district, without regard to whether the lands are susceptible to irrigation. An owner whose land is within the boundaries of a district but is not subject to the charges and assessments of the district does not have the rights or duties of an elector or owner of land under this chapter. [1999 c.452 �2]

�� Note: 545.091 was added to and made a part of ORS chapter 545 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 545.092 [Repealed by 1969 c.344 �8]

(Subdistricts)

�� 545.093 Creation of subdistricts; purpose; change in subdistrict boundaries. (1) Subdistricts within an irrigation district may be created as provided in this section.

�� (2) When the owners of more than 50 percent of the acreage in any contiguous tracts of land situated within a district and subject to the charges or assessments of the district desire to have the district undertake the construction of works for irrigation of their land or provide for the reconstruction, betterment, extension, purchase, operation or maintenance of works already constructed that will benefit their lands, they may petition the board for the creation of a subdistrict. The petition shall state the boundaries proposed for the subdistrict, the name and address of each person signing the petition, a brief general statement as to the works the petitioners desire to have constructed or provided and a prayer asking that the lands described be organized as a subdistrict. The description of the boundaries of the proposed subdistrict shall be certified as a complete and sufficient legal description by a qualified engineer or land surveyor and the certificate shall be filed with the board at the time the petition is filed. The petition shall be considered by the board at its next meeting. If the board approves the petition, the board shall adopt an order creating the subdistrict. The order shall contain a description of the boundaries of the subdistrict. A subdistrict may include all or any part of the lands within a district. A copy of the order shall be recorded in each county in which lands within the subdistrict are located.

�� (3) A subdistrict may also be created under this section by resolution of the board.

�� (4) After the creation of a subdistrict under this section, the boundaries of the subdistrict may be changed by the inclusion of lands outside of the subdistrict. A proceeding under this subsection may be initiated by petition of the owners of more than 50 percent of the lands sought to be included in the subdistrict. The lands to be included in the subdistrict must be contiguous to the subdistrict and within the boundaries of the district. The petition shall state the boundaries of the lands to be included in the subdistrict, the reason for adding the lands to the subdistrict, the name and address of each person signing the petition and a prayer asking that the lands described by the petition be included in the subdistrict. The petition shall be filed with the board. The description of the boundaries of the subdistrict after the proposed addition shall be certified as a complete and sufficient legal description by a qualified engineer or land surveyor and the certificate shall be filed with the board at the time the petition is filed. The board of directors shall enter an order fixing a time and place for a hearing on the petition and shall either publish notice of the hearing or mail a notice of the hearing to all landowners within the boundaries of the lands proposed for inclusion in the subdistrict. At the hearing or at any time and place to which the hearing may be adjourned, the board shall determine what lands proposed to be included within the subdistrict will be benefited by inclusion in the subdistrict. The board shall adopt an order for inclusion of the benefited lands in the subdistrict and the new boundaries of the subdistrict shall be described in the order.

�� (5) A subdistrict created under this section may be designated �Subdistrict No. of the ___ Irrigation District.�

�� (6) A subdistrict created under this section may be an electoral district for purposes of district elections under ORS 545.167.

�� (7) The district board of the main district is the governing board of each subdistrict of the district.

�� (8) Except as otherwise provided in ORS 545.093 to 545.095, after the creation of a subdistrict, proceedings relating to a subdistrict shall conform to provisions of this chapter applicable to districts. In all other matters affecting only a subdistrict, provisions of this chapter applicable to a district apply to the subdistrict as though the subdistrict were a district. [1999 c.356 �2]

�� Note: 545.093 to 545.095 were added to and made a part of ORS chapter 545 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 545.094 Engineering plan for improvements within subdistricts; notice; hearing; remonstrance. After the creation of a subdistrict, the board may develop an engineering plan for the improvements requested in the petition for the creation of the subdistrict or proposed by the board. The board may make an engineering plan for the subdistrict or may adopt as an engineering plan any plan made by any department or agency of the federal government or the State of Oregon or a project work plan proposed for any soil and water conservation district in which lands within the subdistrict are located. Upon completion of the plan, the board shall give notice of the plan to the owners of the tracts of land within the subdistrict and shall permit the inspection of the plan at the office of the subdistrict by the landowners. The notice may be given by mail or by publication, as may be determined by the board. The notice shall fix a time and place for a hearing at which objections to the plan may be heard by the board. The hearing shall be held not less than 20 nor more than 30 days after the date of mailing or the date of the last publication of the notice. At the hearing, the board may make changes in the engineering plan that the board considers necessary after reviewing objections or suggestions made by any person at the hearing. After the hearing, the board may approve the plan, as corrected or changed, by adopting an order of approval. However, if the owners of more than 50 percent of the lands within the subdistrict subject to the charges or assessments of the district file written objections to the order approving the engineering plan with the secretary of the district within 15 days after the date of the order, no further action shall be taken under the order and the plan shall be considered to have been rejected by the landowners. When an engineering plan for a subdistrict is rejected by the landowners, the board may obtain a new engineering plan and present it to the landowners in the manner provided in this section. [1999 c.356 �3]

�� Note: See note under 545.093.

�� 545.095 Charges or assessments for improvements within subdistrict. The cost of constructing, purchasing, operating, maintaining and improving the works described in an engineering plan for a subdistrict shall be charged to the owners of the lands, or assessed against the lands, benefited by the works in proportion to the benefits to be received by each tract of land. The charges or assessments shall be in addition to the regular charges or assessments of the district under ORS

ORS 547.235

547.235, only the owners, or the designees of the owners, of the land having benefits attributed to the land are entitled to vote at the annual meetings held under the provisions of this section. [Amended by 1969 c.669 �14; 1991 c.459 �425b; 2003 c.223 �2; 2015 c.544 �19]

�� 547.112 Change in number of supervisors. (1) At least six months prior to an annual meeting of a drainage district, the board of supervisors of the drainage district may change the number of supervisors elected to the board, effective at the next annual meeting, by a motion approved by the affirmative vote of a majority of the supervisors.

�� (2) If the board of supervisors acts under subsection (1) of this section:

�� (a) To change the number of supervisors on the board, the board shall notify the county clerk of the county in which the petition to form the district was filed and the Secretary of State at least six months prior to the annual meeting at which one or more supervisors will be added to or removed from the board or within 30 days of taking action under subsection (1) of this section, whichever is later.

�� (b) To reduce the number of supervisors from five to three, the board shall phase in the change, beginning at the next annual meeting, in a manner that allows each supervisor to serve the full term to which the supervisor was elected. If the decision is made to reduce the number of supervisors from five to three at an annual meeting at which only one supervisor is scheduled to be elected, the election must be canceled and the supervisor whose term is ending shall continue in office until the following annual meeting. At the following annual meeting, the terms of two more supervisors will end, and only one supervisor will be elected. [2003 c.223 �4]

�� 547.115 Supervisor�s oath of office. Each supervisor before entering upon official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths, that the supervisor will honestly, faithfully and impartially perform the duties devolving upon the supervisor in office as supervisor of the drainage district in which the supervisor was elected, and that the supervisor will not neglect any of the duties imposed upon the supervisor by the Drainage District Act.

�� 547.120 Board of supervisors; officers; secretary; seal; record of proceedings; report. The board of supervisors immediately after its election shall choose one of its number president of the board, and elect some suitable person secretary, who may or may not be a member of the board. The board shall adopt a seal with a suitable design, and shall keep a record of all its proceedings. The board shall report to the landowners at the annual meeting held under the provisions of ORS 547.110 what work has been done, either by the engineers or otherwise. Notwithstanding the provisions of ORS 198.190, if the secretary is a member of the board the secretary shall be entitled to compensation as provided for in ORS 547.125. [Amended by 1971 c.403 �10; 1973 c.794 �28]

�� 547.125 Secretary as treasurer; duties; audit of books and report to landowners; compensation. (1) The secretary of the board of supervisors in any drainage district shall hold the office of treasurer of the district, except as otherwise provided in this chapter.

�� (2) The treasurer shall receipt for all moneys received by the treasurer and shall keep all funds received by the treasurer from any source deposited at all times in some insured institution or trust company, as those terms are defined in ORS

ORS 547.310

547.310, 547.355 and 547.360 with respect to drainage shall be construed to include irrigation. However, any bonds issued solely for irrigation purposes shall be known as �Irrigation bonds of _____ drainage district.�

�� 547.325 Powers of districts under 1,000 acres regarding domestic water supply. (1) Any drainage district embracing less than 1,000 acres may:

�� (a) Within and adjacent to the district, own, construct, install, contract to use and to receive service from, and buy and sell, wells, reservoirs, pumps, pipelines and other equipment used to supply water from wells for domestic purposes and for watering lawns and gardens.

�� (b) Buy and sell, deliver, supply and dispose of water for domestic purposes and for watering lawns and gardens, for profit, to any person within the limits of such drainage district or adjacent thereto.

�� (c) Fix and collect the rates and charges therefor.

�� (2) The board of supervisors may act for such district in exercising the power and authority herein provided.

CONTRACTS WITH UNITED STATES FOR RECLAMATION

�� 547.355 Contracts with United States for reclamation by drainage or irrigation authorized. The board of supervisors of any drainage district, whenever it is determined by the board that it is for the best interests of the district, may enter into a contract with the United States for the reclamation by drainage or irrigation of the lands within the boundaries of the district, under the provisions of the Act of Congress of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto, and especially the Act of Congress approved August 13, 1914, entitled, �An act extending the period of payment under reclamation projects, and for other purposes,� commonly known as the �Twenty-Year Extension Act.�

�� 547.360 Payment of amounts due; assessments on lands; lien thereof; collection. The board of supervisors of any drainage district shall provide by a resolution, adopted at a regular meeting or at a special meeting called for that purpose, for the payment of the amounts to become due under such contract with the United States, according to the provisions of the contract, by assessment upon the lands which are to be benefited by the drainage or irrigation. The assessments shall be a lien upon the lands of the district to the same extent as other assessments under the drainage laws of this state, and, except as provided in ORS 547.492, shall be collected by the tax collector of the county within which the lands are situated the same as other taxes are collected. [Amended by 1991 c.459 �425h]

DISTRICTS WEST OF CASCADES; CONSTRUCTION AND MAINTENANCE OF DITCHES

�� 547.405 Districts west of Cascades; control of supervisors over improvements. The boards of supervisors of all drainage districts lying west of the Cascade Mountains, whether or not organized under the Drainage District Act, shall have supervision and control of all drainage ditches, laterals, drains, canals, sloughs, waterways or conduits within the boundaries of their districts and may prescribe the width and grade thereof. They may construct and maintain ditches, laterals, drains, canals, sloughs, waterways or conduits within the boundaries of their districts.

�� 547.410 Maintaining improvements; notice to owner or occupant of premises. (1) Whenever the engineer or secretary of such a drainage district notifies the supervisors that any ditch, lateral, drain, canal, slough, waterway or conduit is less efficient, by reason of the failure of the owner of the premises upon which it is situated to repair, clean or grade the same, the board of supervisors shall serve or cause to be served upon such owner, if the owner is known and residing within the county in which the district is situate, or if not a resident of the county, then upon the occupant of the premises, a notice in writing notifying the owner or occupant of the clogged or obstructed condition of the ditch, lateral, drain, canal, slough, waterway or conduit.

�� (2) The notice shall be served by delivering to the owner, occupant or person in charge of the premises a copy thereof certified to be such by the person serving it, or if there is no occupant or the owner is not a resident of the county, then the notice shall be served by posting a copy of it in a conspicuous place upon the premises. Immediately after serving or posting the notice, the person serving it, by authority of the board of supervisors, shall file the original notice with the county clerk of the county in which service is made, together with a return on the notice stating the time and manner of making service. The notice and return, when so filed, shall be retained as a public record of the county.

�� 547.415 Failure of owner or occupant to act; maintenance by supervisors. If the owner or occupant of the premises upon which the clogged or obstructed ditch, lateral, drain, canal, slough, waterway or conduit is situated fails for 10 days after being notified of the existence of such clogged or obstructed condition, to repair, clean or grade the ditch, lateral, drain, canal, slough, waterway or conduit or remove the obstruction therefrom, the board of supervisors shall immediately repair, clean or grade the same and cause it to be promptly placed in a proper and efficient condition.

�� 547.420 Liability for cost of work; notice of claim of lien; foreclosure; sale of land. (1) Upon completion of the work the board of supervisors shall bill the owner or occupant of the premises for the expense necessarily incurred in the repair, grading or cleaning of the canal, ditch, lateral, drain, slough, waterway or conduit.

�� (2) If any charge remains unpaid beyond the due date thereof, the secretary of the district may file a notice of claim of lien with the county clerk of the county in which the lands for which the charges were billed are situated. The notice of lien shall be in writing and must contain:

�� (a) The name of the landowner or occupier who was billed.

�� (b) A statement of the amount claimed past due.

�� (c) A description of the land upon which the work was completed sufficient for identification.

�� (3) The county clerk shall cause the notice of lien to be recorded in the County Clerk Lien Record maintained under ORS 205.125. The amount of the charges and expense, as of the date the notice of lien is filed, shall constitute a first lien upon the lands or premises, except as to taxes. If the charges and expenses are not paid and the lien discharged by the owner or occupant within 30 days from the date the notice is filed, suit or action may be brought in the name of the drainage district for the foreclosure of the lien. The suit or action shall be brought by the district attorney, or, at the option of the board, by an attorney employed by the board. The lands affected thereby shall be sold under execution for the payment and satisfaction of the lien and of the costs and disbursements incurred in connection with the prosecution of the suit or action. [Amended by 1991 c.459 �425i]

�� 547.425 Prohibited practices. No person shall:

�� (1) Throw, dump or place or allow to be thrown, dumped or placed, any rubbish, refuse or any article or thing in any ditch, lateral, canal, slough, waterway or conduit used as a part of or in connection with any drainage works or drainage plant or drainage system or any waterway under the control of any drainage district lying west of the Cascade Mountains; or

�� (2) Befoul or pollute or allow to be befouled or polluted any such ditch, lateral, canal, slough, waterway or conduit; or

�� (3) In any manner obstruct or permit to be obstructed by stock any such waterway, canal, ditch, lateral, slough or conduit.

�� 547.430 Civil liability for expense of removal of filth or obstruction; recovery by action. Any person who throws, dumps or places or allows to be thrown, dumped or placed, any rubbish, refuse, or any article or thing in any such ditch, lateral, canal, slough, waterway or conduit shall, in addition to the penalty provided in ORS 547.990, also be liable to the owner of the ditch, lateral, canal, slough, waterway or conduit, or other person or district having control, charge or supervision of the same, for all expense legitimately occasioned or incurred by such person or district in the removal of any such rubbish, refuse or other article or thing or the prevention of such befoulment or pollution, and for all damage that may be done or occasioned to the ditch, lateral, canal, slough, waterway or conduit by reason of such dumping, throwing or placing of the rubbish, refuse or article or thing, or the befoulment or pollution. The sum may be recovered in a civil action brought in the name of the person or district having control of or using the ditch, lateral, canal, slough, waterway or conduit that was injured, damaged, befouled, polluted or obstructed.

ASSESSMENTS, CHARGES AND TAXES

�� 547.455 Annual charge or assessment; computation; apportionment; liability of state lands; payment of assessments by bonds, coupons or warrants. (1) The board of supervisors shall each year make a computation of the whole amount of money to be raised by the district through charges or assessments for the ensuing year for any purposes whatsoever in carrying out the provisions of the Drainage District Act, including maintenance and operation and estimated delinquencies on charges or assessments. This amount when determined by the board shall constitute an assessment upon all the land included in the district and shall be apportioned by the board in accordance with the report of the commissioners as confirmed or amended by the court as provided for in ORS 547.235.

�� (2) Any land owned by any person totaling less than one acre shall be charged or assessed as one acre.

�� (3) Any land, the title to which is vested in the state, or state lands sold under contract in any drainage district, shall be subject to charge or taxation by the district, and the full amount of the charge or assessment due against such lands shall be paid to the district at the same times and in the same manner as other drainage district charges and assessments are paid.

�� (4) The tax collector shall receive any past due bond of the drainage district or any past due interest coupon from any bond of the district in payment of any charge or assessment made for the purpose of paying bonds or bond interest of the district, and shall receive in payment of charges or assessments levied for operation and maintenance purposes any warrants drawn upon the operation and maintenance fund, such warrants received in payment of charges and assessments to be in order of issuance. [Amended by 1953 c.446 �3; 1991 c.459 �425j]

�� 547.460 County, city and town lands subject to taxation, assessment or charges. Any land situated within a drainage district, the title to which is vested in any county, city or town, shall be subject to taxation, assessment or charge by the district. The full amount of taxes or assessments due against the land or the full amount of charges imposed upon the county, city or town shall be paid to the district at the same times and in the same manner as other drainage district taxes, assessments or charges. [Amended by 1991 c.459 �425k]

�� 547.465 Assessment or charge of low lands used for growing crops. Whenever lands located in a drainage district which, because of their low elevation, were not assessed benefits in accordance with ORS 547.225, are used for growing crops, the board of supervisors may levy an annual assessment against the lands or may impose a charge upon the owners of the lands for maintenance and operation. The assessment or charge shall not exceed 100 percent of the rate levied against assessed lands in the district, or imposed upon owners of land in the district, having the lowest elevation. The charges or assessments shall be collected in the same manner as other charges or assessments for maintenance and operation in drainage districts are collected. [Amended by 1991 c.459 �425L]

�� 547.470 Extra assessment or charge for lake drainage. When, in the judgment of the board of supervisors of any drainage district, it is deemed necessary or expedient to drain any lake, which entails extra or additional work in excess of that required in the drainage of lands of higher elevation and where the cost of maintenance and pumping to maintain drainage of such lake will be in excess of that necessary for the reclamation and maintenance of lands within the district other than such lake, an extra assessment or charge for such additional work or a higher rate for such pumping and maintenance may be charged and made against the lands, or owners or occupants of the lands, covered by such lake, to the extent of the respective additional benefits to such lands over lands of a higher elevation in the district and benefited thereby. [Amended by 1991 c.459 �425m]

�� 547.475 List of assessments and apportionments. The board of supervisors shall prepare a list or record of assessments and apportionments, giving the description of the ownership or holdings of each person therein assessed, which shall be certified by the board in the manner provided in ORS 310.060 not later than June 15 of each year to the county assessor of each county in which lands of the district are situated. The county assessor shall enter the assessment upon the county assessor�s roll against the property therein described, in the same manner as other municipal taxes are entered by the county assessor. [Amended by 1963 c.168 �1; 1991 c.459 �425n]

�� 547.480 Collection of tax; disposition. The collection of the tax shall be coincident with collection of the state and county tax, and shall be governed by the laws relating thereto, except that the tax collector shall collect and account for the tax for operation and maintenance separate from the taxes levied by the district for other purposes. When paid to the county treasurer all taxes or assessments levied and collected for operation and maintenance shall be carried in a fund to be known as the operation and maintenance fund. All warrants issued in payment for operation and maintenance, as provided in ORS 547.150, shall be drawn against and paid out of this fund. The county treasurer shall make returns to the secretary of the board of supervisors, and shall pay over and account for all moneys collected thereon quarterly to the treasurer of the district. [Amended by 1973 c.305 �19]

�� 547.482 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 �42]

�� Note: 547.482 was added to and made a part of ORS chapter 547 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 547.485 Governing body of county to make assessment and levy upon failure of supervisors to do so. In case of neglect or refusal of the board of supervisors to cause such assessment and levy to be made, the assessment and levy shall be made by the governing body of the county in which the office of the board of supervisors is situated, sitting for the transaction of county business, in the same manner that the court or board levies county taxes. The levy and assessment shall contain the apportionments and description of ownership holdings of each person assessed in the same manner as provided in ORS 547.475 and shall be certified to the assessor not later than July 15 in the manner provided in ORS 310.060. All expenses incident thereto shall be borne by the district. The levy and assessment shall be entered on the county tax roll by the county assessor in the manner provided in ORS 547.475. [Amended by 1963 c.168 �2; 1991 c.459 �425o]

�� 547.490 Waiver of penalty or interest by certain districts. All drainage districts containing not more than 2,000 acres, organized under the provisions of the Drainage District Act, may waive payment of penalty or interest, or both, on district assessments. County tax collecting officers are authorized to collect and receipt for assessments levied by any such drainage district, waiving payment of penalty or interest, or both, when presented with a certified copy of resolution or other action of the drainage district waiving such payment.

�� 547.492 Alternative charge or assessment method. (1) The board of supervisors of a drainage district may provide by resolution for the imposition, billing and collection of charges or assessments of the district in the manner provided under ORS 545.482,

ORS 547.315

547.315, 547.455 to 547.475, and 547.555 to 547.580. [Amended by 2015 c.544 �13]

DRAINAGE DISTRICTS MANAGING FEDERALLY AUTHORIZED FLOOD CONTROL PROJECTS

�� 547.063 Definitions. As used in ORS 547.063 to 547.083:

�� (1) �Flood control project� means a system or method, including, but not limited to, canals, ditches, dikes, levees, revetments and floodwalls, for:

�� (a) The control, diversion, conservation or abatement of floodwater, or of an excessive or unusual accumulation of water, in a natural or artificial body of water; or

�� (b) The protection of life and property against danger, menace, injury or damage resulting from floodwater, or an excessive or unusual accumulation of water.

�� (2) �Obstruction� means an encroachment, improvement or trespass that substantially and adversely affects the efficient operation or maintenance of a flood control project or a ditch, lateral, drain, canal, slough, waterway or conduit.

�� (3) �Repair� includes replace, remove, relocate and upgrade when, in the discretion of the board of supervisors of a drainage district, replacement, removal, relocation or upgrade is necessary to comply with state or federal regulations or to protect and preserve the property of the district. [2015 c.544 �2]

�� Note: 547.063 to 547.083 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 547 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 547.065 Public hearing required. (1) Before a drainage district elects to exercise the powers and duties set forth in ORS 547.067, the board of supervisors shall hold a public hearing.

�� (2) At least 14 days before the date of the public hearing, the board shall give notice of the hearing in a newspaper of general circulation in the district and mail notice of the hearing to the owners of record, based on the most recent county tax assessment roll, of property within the district.

�� (3) Notice of the public hearing must:

�� (a) State the date, time and location of the hearing;

�� (b) State that the board is considering whether to elect to exercise the powers and duties set forth in ORS 547.067; and

�� (c) Invite all interested parties to attend the hearing and present testimony.

�� (4) After the public hearing, the board may adopt a resolution in which the district elects to exercise the powers and duties set forth in ORS 547.067. Following adoption of the resolution, the board may exercise the powers and duties as provided in ORS 547.067. [2015 c.544 �3]

�� Note: See note under 547.063.

�� 547.067 Powers of drainage district. (1) A drainage district may acquire, construct, reconstruct, repair, improve or extend improvements to carry out the purposes of the Drainage District Act.

�� (2) A drainage district in a county with a population greater than 700,000 persons may adopt ordinances consistent with sanitary, agricultural, public health or public safety purposes under ORS 198.510 to 198.600 to carry out its powers and duties under the Drainage District Act, including ordinances related to:

�� (a) Flood protection, drainage control or management, including provisions for enforcement of the regulations;

�� (b) Rates, fees, fines and charges for the operation of the district and construction, maintenance, repair and improvement of the works of the district;

�� (c) A delegation of authority to the chief executive officer of the district to manage and administer the district; and

�� (d) Other matters determined by the board of supervisors to be necessary or convenient to exercise the authority granted to the district or to comply with the requirements of state and federal law.

�� (3) A drainage district shall provide written notice to any city in which all or a portion of the drainage district is located not more than 21 days and not less than 10 days prior to the first reading of a proposed ordinance described in subsection (2) of this section. The notice must include a brief description of the proposed ordinance and a copy of the proposed ordinance and must list the time, date and place of the public meeting at which the drainage district will consider the proposed ordinance. The date of notice shall be the date of mailing.

�� (4)(a) Notwithstanding subsection (2)(b) of this section, a drainage district may not impose on a city a rate, fee or charge unless the rate, fee or charge is a provision of an intergovernmental or urban services agreement between the drainage district and the city.

�� (b) A drainage district may levy a city an assessment, rate, fee, fine or charge as a property owner within the drainage district that is not a provision of an intergovernmental or urban services agreement, provided the drainage district levies the assessment, rate, fee, fine or charge against the city pursuant to the same terms and conditions as levied against other property owners within the drainage district.

�� (5) The drainage district shall consult and coordinate with all governmental units with authority to exercise similar powers and duties within the boundaries of the drainage district if the exercise of those powers and duties has the potential to conflict. In the event that an exercise of powers or duties by the drainage district conflicts with the exercise of similar powers by a governmental unit, the drainage district and governmental unit shall execute an intergovernmental or urban services agreement to resolve the conflict. [2015 c.544 �4]

�� Note: See note under 547.063.

�� 547.069 Formation of drainage district by owners of certain lands permitted. In a contiguous body of swamp, wet or overflowed land or irrigated land from which waters contribute to the swamp or to the wet or overflowed condition of the same or different land, the owners of record of at least 50 percent of the acreage may form a drainage district for the purpose of reclaiming and protecting the land by drainage, flood control or otherwise from the effects of water:

�� (1) For sanitary or agricultural purposes; or

�� (2) When reclaiming and protecting the land protects life or property from the harmful effects of water or produces another public utility or benefit. [2015 c.544 �5]

�� Note: See note under 547.063.

�� 547.071 Powers of drainage district officers and employees. (1) The officers and employees of any drainage district may:

�� (a) Enter upon any land in the manner provided by ORS 35.220.

�� (b) Locate the necessary flood control project, drainage works or irrigation works, and the necessary branches for the same, on any lands that may be deemed best for such location.

�� (c) Acquire, either by lease, purchase, condemnation or other legal means, all lands, rights of way, easements and other property necessary for the construction, operation or maintenance of a flood control project, drainage works or irrigation works, including the enlargement, improvement or extension of any natural or artificial waterway for such purposes.

�� (d) Make all necessary water filings or appropriation of water under the general laws of Oregon for irrigation of lands within such district.

�� (2) The property, the right to condemn which is hereby given, shall include property already devoted to public use that is less necessary than the use for which it is required by the district, whether used for drainage, irrigation or any other purpose. The right of way is hereby given, dedicated and set apart to locate, construct and maintain such drainage or irrigation works over and through any of the lands that are now or may be the property of this state.

�� (3) In the acquisition of property or rights by condemnation, proceedings under the provisions of this section shall be brought in the name of the district under the provisions of ORS chapter 35. [2015 c.544 �6]

�� Note: See note under 547.063.

�� 547.073 Powers of board of supervisors. (1) The board of supervisors may:

�� (a) Build, construct and complete any works and improvements needed to carry out the plan of reclamation.

�� (b) In the name of the district, make all necessary water filings and appropriations of water for the subsequent irrigation of the lands within the district.

�� (c) Construct, operate and maintain irrigation works for the irrigation of the lands within the district.

�� (d) Hire personnel and purchase machinery, equipment and supplies.

�� (e) Construct, operate, protect and maintain flood control projects for the protection of the lands within the district.

�� (2) The board may, after advertising for bids, let a contract for construction of the whole or any part of the flood control project, drainage works or irrigation works to the lowest responsible bidder, which contract shall be in writing. The complete plans and specifications for the flood control, drainage or irrigation of the lands shall be attached to and made a part of each contract. Good and sufficient bond, running in favor of the district, shall be required of each contractor, conditioned that the contractor will well and truly comply with all the provisions of the contract and perform all work in accordance with the terms thereof.

�� (3) The chief engineer shall be superintendent of all the works and improvements and shall, whenever required, and at least once each year, make a full report to the board of all work done and improvements and make such suggestions and recommendations to the board as the chief engineer deems proper. [2015 c.544 �7]

�� Note: See note under 547.063.

�� 547.075 Contracts with federal government permitted. The board of supervisors of any drainage district, whenever it is determined by the board that it is for the best interests of the district:

�� (1) May enter into a contract with the United States for the reclamation by drainage or irrigation of the lands within the boundaries of the district, under the provisions of the Act of Congress of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto, and especially the Act of Congress approved August 13, 1914, entitled, �An act extending the period of payment under reclamation projects, and for other purposes,� commonly known as the �Twenty-Year Extension Act.�

�� (2) May make contracts with a federal agency relating to flood control projects that contain terms, provisions and conditions the board of supervisors determines are necessary or appropriate to satisfy conditions on the construction of flood control projects that are imposed under federal law or that attach as a result of federal funding for the flood control project. [2015 c.544 �8]

�� Note: See note under 547.063.

�� 547.077 Powers of boards of supervisors west of the Cascade Mountains. (1) The board of supervisors of a drainage district lying west of the Cascade Mountains, whether or not organized under the Drainage District Act:

�� (a) Shall supervise and control flood control projects within the boundaries of their districts.

�� (b) May prescribe the width, grade and other specifications of flood control projects, drainage works or irrigation works described in this subsection.

�� (2) The board may construct and maintain flood control projects within the boundaries of their districts. [2015 c.544 �9]

�� Note: See note under 547.063.

�� 547.079 Clogged or obstructed conditions; notice to owner or occupant. (1) Whenever the engineer or secretary of a drainage district notifies the supervisors that any flood control project is less efficient, by reason of the failure of the owner of the premises upon which it is situated to prevent obstructions, repair, clean or grade the same, the board of supervisors shall serve or cause to be served upon such owner, if the owner is known and residing within the county in which the district is situate, or if not a resident of the county, then upon the occupant of the premises, a notice in writing notifying the owner or occupant of the clogged or obstructed condition of the flood control project.

�� Note: See note under 547.063.

�� 547.081 Repair of clogged or obstructed condition. (1) If the owner or occupant of the premises upon which the clogged or obstructed flood control project is situated fails for 10 days after being notified of the existence of the clogged or obstructed condition, to submit to the drainage district a plan and schedule to repair, clean or grade the flood control project or remove the obstruction therefrom, the board of supervisors shall immediately repair, clean or grade the same and cause it to be promptly placed in a proper and efficient condition.

�� (2) The drainage district shall review a plan and schedule submitted by an owner or occupant to determine whether the plan and schedule adequately address the clogged or obstructed condition in an effective and timely manner. If the drainage district approves the plan and schedule, the owner or occupant shall repair, clean or grade the flood control project or remove the obstruction therefrom pursuant to the plan and schedule. If the owner or occupant fails to do so pursuant to the plan and schedule, the board of supervisors shall immediately repair, clean or grade the same and cause it to be promptly placed in a proper and efficient condition.

�� (3) Nothing in this section precludes the board of supervisors from immediately repairing, cleaning or grading the clogged or obstructed flood control project in cases of emergency. [2015 c.544 �11]

�� Note: See note under 547.063.

�� 547.083 Owner or occupant liable for repair expense; notice and recordation of lien. (1) Upon completion of the work the board of supervisors shall bill the owner or occupant of the premises for the expense necessarily incurred in the repair, grading or cleaning of the flood control project.

�� (a) The name of the landowner or occupier who was billed.

�� (b) A statement of the amount claimed past due.

�� (c) A description of the land upon which the work was completed sufficient for identification.

�� Note: See note under 547.063.

BOARD OF SUPERVISORS; ADMINISTRATION; SURETY BONDS; WARRANTS

�� 547.105 Election of supervisors; qualifications and terms of office; quorum for transaction of business at owners� meetings. (1) Within 30 days after any drainage district has been organized under the provisions of the Drainage District Act, the county clerk of the county in which the petition was filed shall call a meeting of the owners of land situated in the district for the purpose of electing a board of supervisors with three or five supervisors as determined by the owners of land within the district.

�� (2) The county clerk shall give notice of the meeting by publication in some newspaper published in each county in which lands of the district are situated, at least 10 days before the date of the meeting.

�� (3) The supervisors must be owners of land in the district.

�� (4)(a) The owners, assembled at the place and time required by the notice, shall organize by the election of a chairperson and secretary of the meeting who shall conduct the election. Each owner is entitled to one vote in person or by proxy for each acre of land owned by the owner in the district. If an owner is a not a natural person, the owner may appoint a designee, in a writing filed with the secretary, to exercise the authority of the owner, including the voting and serving as a supervisor of the district. The designee shall serve as a representative of the owner until the designee resigns, or the owner replaces the designee, in a writing filed with the secretary.

�� (b) Notwithstanding paragraph (a) of this subsection, at or before the organizing meeting, an owner that is not a natural person may appoint a designee in a writing filed with the county clerk.

�� (5) The three or five persons receiving the highest number of votes must be declared elected as supervisors. The supervisors shall determine the terms of their offices by lot. If three supervisors are elected, the supervisors shall serve, respectively, one, two and three years. If five supervisors are elected, one supervisor shall serve one year, two supervisors shall serve two years, and two supervisors shall serve three years. The supervisors first elected shall serve until their successors are elected and qualified.

�� (6) At a meeting of owners, owners that represent at least a majority of the acreage in the district constitute a quorum for the transaction of district business. In a year in which a quorum of owners is not achieved at the annual meeting called under ORS 547.110, owners representing at least 35 percent of the acreage in the district constitute a quorum for the annual meeting in the succeeding year. [Amended by 1959 c.379 �1; 2003 c.223 �1; 2015 c.544 �18]

�� 547.110 Annual meeting; election of supervisors; owners entitled to vote. In the same month of each year after the election of the first board of supervisors, the board shall call a meeting of the owners of land in the district. The board shall give notice in the manner provided for in ORS 547.105. The owners shall meet at the time and place fixed by the board and elect one or two supervisors in the manner prescribed in ORS 547.105, who shall hold office for three years and until a successor is elected and qualified. However, after the report of the commissioners has been confirmed by the court under the provisions of ORS

ORS 547.485

547.485 is insufficient to pay the cost of works set out in the plan for reclamation or additional work done under this section, the board of supervisors may impose an additional charge to provide funds to complete the work, provided the total of all charges does not exceed the total amount of benefits assessed. [Amended by 1991 c.459 �425g]

WORKS AND IMPROVEMENTS

OF DISTRICT

�� 547.305 Entry on land; acquisition of property; water filings and appropriations; condemnation of property devoted to public use; right of way across state lands. (1) The officers and employees of any drainage district shall have the right to:

�� (a) Enter upon any land in the manner provided by ORS 35.220.

�� (b) Locate the necessary drainage or irrigation works and the necessary branches for the same, on any lands that may be deemed best for such location.

�� (c) Acquire, either by lease, purchase, condemnation or other legal means, all lands, rights of way, easements and other property necessary for the construction, operation or maintenance of any drainage or irrigation works, including the enlargement, improvement or extension of any natural or artificial waterway for such purposes.

�� (d) Make all necessary water filings or appropriation of water under the general laws of Oregon for irrigation of lands within such district.

�� 547.310 Board authority regarding reclamation works; contracts; engineer�s duties. (1) The board of supervisors shall have full power and authority to:

�� (a) Build, construct and complete any works and improvements needed to carry out the plan of reclamation.

�� (b) In the name of the district, make all necessary water filings and appropriations of water for the subsequent irrigation of the lands within the district.

�� (c) Construct, operate and maintain irrigation works for the irrigation of the lands within the district.

�� (d) Hire personnel and purchase machinery, equipment and supplies.

�� (2) The board may after advertising for bids, let a contract for construction of the whole or any part of the drainage or irrigation works to the lowest responsible bidder, which contract shall be in writing. The complete plans and specifications for the drainage or irrigation of the lands shall be attached to and made a part of each contract. Good and sufficient bond, running in favor of the district, shall be required of each contractor, conditioned that the contractor will well and truly comply with all the provisions of the contract and perform all work in accordance with the terms thereof.

�� 547.315 Connecting existing improvements; procedure; connection with improvements outside district. (1) At the time of the construction in any district of the plan for reclamation, all ditches or systems of drainage already constructed in the district and all watercourses shall, if necessary to the drainage of any lands in the district, be connected with and made a part of the works and improvements of the plan of drainage of the district. But no ditches, drains or systems of drainage constructed in the district shall be connected therewith, unless the consent of the board of supervisors is first obtained. This consent shall be in writing and shall particularly describe the method, terms and conditions of such connection, and shall be approved by the chief engineer. The connections, if made, shall be in strict accord with the method, terms and conditions laid down in the consent.

�� (2) If the landowners wishing to make such connection are refused by the board of supervisors or decline to accept the consent granted, such owners may file a petition for such connection in the circuit court having jurisdiction in the district, and the matter in dispute shall in a summary manner be decided by the court, whose decision shall be final and binding on the district and landowners.

�� (3) No connection with the works or improvements of the plan of drainage of the district or with any ditch, drain or artificial drainage wholly within the district shall be made, caused or effected by any landowner, company or corporation, municipal or private, by means of or with any ditch, drain, cut, fill, roadbed, levee, embankment or artificial drainage wholly without the limits of the district, unless such connection is consented to by the board of supervisors, or in the manner hereinbefore provided.

�� 547.320 Powers of districts regarding irrigation works; bonds. Whenever it appears necessary, proper or beneficial to irrigate any of the lands within any drainage district, whether or not the drainage works have been actually acquired or constructed, the district may cause irrigation reservoirs, canals, ditches, and other works to be constructed, operated and maintained. To this end the district shall in all respects have the same power and authority as is conferred respecting drainage, and all powers conferred upon drainage districts by ORS 547.305,

ORS 549.010

549.010 and 549.020 that will facilitate cooperative action between boards of commissioners and federal agencies to meet conditions of any federal flood control Acts wherein the federal government is entirely financing such projects.

DITCHES TO DRAIN LAND; FLOOD CONTROL MEASURES

�� 549.110 Application to county court for authority to build drainage ditch or levee, or to widen or straighten a stream. (1) When any person owns land which requires draining, or any incorporated city in which there is any ditch, standing water or surplus water requiring draining has no means of draining such ditch, standing water or surplus water, and objection is made by the owners of adjacent land to the construction thereon or thereover of necessary means of drainage, such person or city may make application in writing to the county court of the county in which such land or city is situated, for the right of way or privilege to cut or dig or construct sufficient means of drainage over the adjacent land.

�� (2) Likewise any person or municipal corporation whose land is so situated that it is injured or liable to be injured by floodwaters from any natural stream flowing through or near the land may make application to the county court for the right to enlarge or straighten the bed of such natural stream, or strengthen or build up the banks so as to protect such lands from overflow or injury.

�� 549.120 Procedure; appointment of commissioners; order to commissioners. Thereupon the court shall appoint three disinterested householders of the county as a commission and shall issue an order directing them to meet on a day named in the order, after subscribing to an oath or affirmation to faithfully and impartially discharge the duties of their appointment. At least three days� notice of the time and place of the meeting shall be given to all persons through whose lands the ditch is to be located or upon whose lands the natural stream is to be straightened, enlarged, or its banks are to be strengthened or built up.

�� 549.130 Commissioner�s oath. In the absence of an officer authorized to administer oaths, the commissioners may administer the oath to each other.

�� 549.140 Duties of commissioners. The commissioners shall proceed to locate and mark out the route of the ditch so as to do the least damage to the lands the ditch passes through, or to designate the location, character and extent of the work to be done in straightening the bed or building up the banks of the stream, and shall at the same time assess the damages sustained by the person owning the land.

�� 549.150 Considering benefits in assessing damages. In assessing damages, the commissioners shall take into consideration all benefits which will accrue to the lands from the work contemplated.

�� 549.160 Report of commissioners to county court; payment to landowner; recording report; construction of improvement. The commissioners, or a majority of them, shall make a report to the county court at the next regular session thereof, stating the location of the ditch or other work contemplated, the name of the person entitled to damage, and the amount, if any is assessed. If the county court is satisfied that the report is just, and after payment by the applicant for the right of way of all costs of locating such ditch or other work, and the damages, if any are assessed, the court shall cause the same to be recorded. The applicant then may proceed to make such ditch, or do such work of straightening the stream or building up or straightening the banks thereof, doing as little damage to the land it passes through as possible.

�� 549.170 Appeal to circuit court from assessment of damages. Any person aggrieved by the assessment of damages may appeal within 20 days to the circuit court.

�� 549.180 Bringing additional water into ditch without payment of compensation prohibited; civil liability. No person shall tap or bring additional water into any drainage district or drainage district ditch already dug without paying a reasonable compensation therefor and securing the written permission of district officials. The criminal penalty for violation of this section shall not relieve the defendant from civil liability for damages.

�� 549.190 Other rights protected. ORS 549.110 to 549.180 shall not be construed so as to interfere with the rights of companies or individuals for mining, manufacturing, or watering towns or cities.

IMPROVEMENT OF WATERCOURSES OR DRAINS WEST OF CASCADES

�� 549.310 Application of ORS 549.320 to 549.400. ORS 549.320 to 549.400 shall not be construed to interfere with or to prevent the right or power to construct drainage ditches under any other statute of this state, and shall apply only to that portion of the state lying west of the Cascade Mountains.

�� 549.320 Petition by landowners to drain lands or improve drains. Whenever 60 percent or more of the owners of land contiguous to and crossed by some watercourse or drain desire to have such lands drained or such natural course or drain straightened, altered, widened or deepened, they may petition the county court of the county in which the land is situated for such improvement, describing all property affected thereby and giving the names of the owners thereof. Upon the filing of the petition the county court shall ascertain whether 60 percent or more of the owners of land affected have signed the petition, and if so, shall make a finding to that effect.

�� 549.330 Survey of work; plats, plans; estimates of cost; assessment of damages; hearing and determination by county court. The county court shall direct the county surveyor, or county engineer if the county employs a registered professional engineer, to make a survey of the work contemplated to be done and prepare plats, plans, profiles and estimates of cost of the work to be done, and shall assess the damage sustained by any person owning any land affected by such improvement, taking into consideration all benefits which will accrue from the work contemplated to be done to the land. The county surveyor, or county engineer, shall file with the county clerk the plats, plans, profiles, estimates of cost, and assessment of damages. Not less than 30 nor more than 60 days after the county surveyor, or county engineer, has filed the data with the county clerk, the county court shall hold a hearing, of which at least 10 days� notice shall be given to all landowners affected, and to the authority which maintains any highway and to the owners of any railroad or tramway through which or under which any conduit is to be constructed, by publishing the same once a week for two successive weeks in a newspaper of general circulation in the county. At the hearing the county court shall hear evidence in support of the petition and in support of any protest or objection thereto, and after consideration shall determine whether it is to the interest and benefit of the land affected and conducive to the public welfare to grant the petition for the improvement. [Amended by 1965 c.287 �1]

�� 549.340 Construction; functions of county surveyor or county engineer; performance by landowner. If the county court authorizes the improvement, it shall be done under the direction and supervision of the county surveyor, or the county engineer, who shall set all necessary grade stakes and bench marks. The owner of any of the lands through which or on which any portion of the improvement is to be constructed may, at the expense of the owner, perform such construction work under the supervision of the county surveyor, or the county engineer. If the owner does not elect to do such work, it shall be done by the county under the direction and supervision of the county surveyor, or the county engineer. [Amended by 1965 c.287 �2]

�� 549.350 Report as to work done; assessment of costs; unpaid assessments. On the completion of the work by the county, the county surveyor or the county engineer shall make and file with the county clerk a report showing in detail the work done on each parcel of land separately owned, the names of the owners, and the amount of costs to each such parcel of land. The cost shall be assessed against the owner of the lands by the county court. Any unpaid assessment may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the assessment and the amount of the assessment in the County Clerk Lien Record. [Amended by 1965 c.287 �3; 1991 c.459 �427]

�� 549.360 Extension of work across or under highway or railroad; duty as to construction and maintenance; cost. The drainage work may be extended across or under any highway and may also be carried under or through any railroad or tramway. The authority which maintains the highway through which the conduit crosses shall construct and maintain the same in good condition and repair, free from obstruction, at its own expense. The owner of the railroad or tramway under or through which the conduit is to be constructed shall construct and maintain the same in good condition and repair, free from obstruction, at its own expense.

�� 549.370 Maintenance of work; inspection; notice to landowners; when work ordered; assessment of cost. At least one member of the county court in the fall of each year shall inspect the improvements constructed under the provisions of ORS 549.310 to 549.400, for the purpose of ascertaining whether or not they have been properly maintained and are in a good and serviceable condition. If it is found that the works are not properly maintained or are not in a good and serviceable condition either in whole or in part, the county court shall give notice in writing to the owner of land upon which it was found that the works are not properly maintained or are not in a good and serviceable condition, which notice shall set forth the necessary work to be done and the time of beginning and completion of the same. In the event the owner fails to comply with the conditions set forth in the notice, the county court shall order the necessary work to be done and assess the cost against the land upon which the work was done in the manner provided in ORS 549.350.

�� 549.380 Acquisition of property necessary to improvement; condemnation; prior payment of compensation unnecessary. Whenever a county court finds it necessary, in order to carry out any of the purposes mentioned in ORS 549.310 to 549.370, to condemn, acquire or appropriate any land, property or right of any nature, it shall so declare its intention by resolution spread on the records of the court, setting out the necessity that exists. If it is unable to agree with the owner for the purchase of such land, property or right, the district attorney for the county, upon request of the county court, shall commence and prosecute in any court of competent jurisdiction, in the name of the county, any necessary suit, action or proceeding for the condemnation of such land, property or right, for such public use. The procedure in such suit, action or proceeding shall be, as far as applicable, the procedure provided by law for the condemnation of lands or rights of way by public or quasi-public corporations for public use or for corporate purposes; provided, nothing in this section shall be construed to require the county to make or tender compensation prior to the condemnation and taking possession of such land, property or right.

�� 549.390 Appeal from order authorizing work or assessing damages. Any person aggrieved by any order pursuant to the provisions of ORS 549.310 to 549.400 authorizing any construction work or by the assessment of any damages, may appeal to the circuit court within 20 days from the date when the county court approved such improvement. From the judgment of the circuit court an appeal to the Court of Appeals may be taken in the manner provided for appeals in civil proceedings. [Amended by 1979 c.562 �26]

�� 549.400 Obstruction, befoulment or pollution of ditch prohibited. No person shall throw, dump, place or allow to be thrown, dumped or placed, any rubbish, refuse or any article or thing in any ditch, lateral, canal, slough, waterway or conduit constructed, operated or maintained under the provisions of ORS 549.310 to 549.390, or befoul, pollute or allow to be befouled or polluted any such ditch, lateral, canal, slough or conduit.

REPAIR OF DIKES

�� 549.510 Repair of dikes protecting contiguous tracts of different owners; refusal of one owner to repair; reconstruction by other; recovery of expense. Whenever two or more contiguous tracts of land, not in a diking district, the property of separate owners, have been protected by a common dike or by separate dikes so constructed as to afford a common benefit to the lands affected thereby, or upon which the dike has been constructed, and any portion of the dike has become broken or destroyed or in such condition of repair that the lands intended to be benefited and protected by the dike are being injured by reason of its broken, destroyed or other bad condition, and the owner of the land upon which the broken or destroyed dike is located refuses to rebuild, repair, reconstruct or otherwise improve the same so as to afford the proper protection and benefit to the land, the owners of the other contiguous tracts may attempt to agree with the owner of the land upon which the dike in question is located, with reference to its repair, reconstruction or rebuilding. If the owner refuses to rebuild, reconstruct or repair the dike, the owners of the other contiguous tracts of land affected by the dike and upon whose land the dikes are in a good condition of repair, may reconstruct, rebuild or repair the broken or destroyed dike and shall be entitled, by action in any court having jurisdiction, to recover from the delinquent owner the reasonable value of the material furnished and labor used in rebuilding, reconstructing or repairing the same, together with the cost and disbursements of such action. The action shall be prosecuted in the name of the owners and against the delinquent party. Any party to the action is entitled to a jury trial.

�� 549.520 Complaint to county judge of neglect to repair; notice; examination; findings; direction to delinquent owner to repair dike. If anyone neglects to repair, rebuild or reconstruct a dike as specified in ORS 549.510, the owners of the contiguous tracts of land may complain to the county judge of the county in which the lands or some portion thereof are situated, who, after due notice, shall examine the premises. If the county judge determines that the dike is in need of reconstruction, rebuilding or repair, and that the dike is of sufficient benefit to the lands affected thereby to warrant its maintenance, and if the county judge finds that the dikes on the other contiguous tracts owned by the persons complaining are in a good state of repair, the county judge shall so signify in writing and shall cause to be served upon the delinquent owner a copy of such finding and shall direct the owner to rebuild, reconstruct or repair the dike within such time as the judge determines to be reasonable.

�� 549.530 Entry on land by complainant to repair dike; recovery of cost of repair. If such dike is not repaired or rebuilt accordingly, the complainants may repair or rebuild the dike, and for that purpose may go upon the premises where the destroyed or broken dike is located, doing as little damage as possible thereto, and may recover the value or cost of rebuilding, reconstructing or repairing the dike from the delinquent owner, before any court having jurisdiction.

�� 549.540 Dikes constructed under agreement excepted. The provisions of ORS 549.510 to 549.530 shall not apply to dikes constructed under agreement between the owners of contiguous tracts of land, under which agreement the maintenance of the dike is provided for.

FEDERAL FLOOD CONTROL PROJECTS

�� 549.605 Definitions for ORS 549.605 to 549.645. As used in ORS 549.605 to 549.645, unless the context requires otherwise:

�� (1) �Commission� means the Water Resources Commission.

�� (2) �Federal flood control projects� includes all authorized federal projects located wholly or partially within this state which the commission determines would be beneficial to this state as flood control measures.

�� (3) �Federal government� means the United States, or any agency or instrumentality of the United States which is designated or authorized to engage in flood control projects within Oregon. [1957 c.466 �1]

�� 549.610 Water Resources Commission to participate on behalf of state in federal flood control projects; powers and duties of commission. The Water Resources Commission is directed to carry out, for and on behalf of the state, the state�s participation in federal flood control projects. In discharging this responsibility, the commission, or one or more of its members or employees designated by the commission to represent it, may sign agreements with the federal government and other persons, to integrate, if possible, into the federal project necessary or desirable state or local features and works, to relocate facilities displaced by such projects and to perform all other acts connected with and necessary to such participation. Work to be done by the state may be carried out by contract or by available state forces or by a combination of these two methods. If the commission deems it to be in the public interest, they may agree with public or quasi-public bodies and other persons affected by such projects to have such bodies or persons perform the work. The commission shall, in all instances, carry out the powers and duties imposed upon it by ORS 549.605 to 549.645 in a manner which will comply with federal flood control legislation and rules and regulations promulgated pursuant to such legislation. [1957 c.466 �2]

�� 549.615 Entering upon land. The Water Resources Commission and its agents and employees may enter upon lands to gather information when necessary for the performance of those duties imposed upon them by ORS 549.605 to 549.645. [1957 c.466 �3]

�� 549.620 Acquisition of property. The Water Resources Commission may acquire property, as defined in ORS 35.550 (1), by purchase, donation or condemnation in the manner provided in ORS 35.550 to 35.575, when necessary to carry out the duties assigned it by ORS 549.610. [1957 c.466 �4]

�� 549.625 Powers of commission with respect to acquired property. As to any property acquired pursuant to ORS 549.605 to 549.645, the Water Resources Commission may sell, donate, exchange or lease it or grant easements thereon, on terms which are beneficial to the state and meet all federal flood control project requirements; and the commission, or one or more of its members or employees designated by the commission to represent it, may execute and deliver, in the name of the State of Oregon, a lease, deed or other instrument of conveyance of such property. These leases, deeds and instruments may contain such reservations as the commission deems necessary to protect the interests of the state in flood control. [1957 c.466 �5]

�� 549.630 Operation and maintenance of projects. After the completion of a flood control project or a portion thereof and, in the case of projects constructed by the federal government, after such project or a useful portion thereof has been turned over to the state by the federal government, such projects may be operated and maintained by the Water Resources Commission for the primary purpose of flood control; or, when the commission deems such action to be in the public interest, the commission may enter into agreements with public or quasi-public bodies and other persons to operate and maintain such projects. [1957 c.466 �6]

�� 549.635 Agreements for joint participation or aid. The Water Resources Commission may enter into agreements with the federal government, public and quasi-public bodies, including but not limited to drainage and irrigation districts organized under the laws of Oregon, water control districts and subdistricts formed under ORS chapter 553 and district improvement companies formed under ORS chapter 554, and other persons for the purpose of participating jointly with such bodies or persons in federal flood control projects or aiding such bodies or persons in meeting obligations imposed upon them in connection with federal flood control project agreements. The commission shall not aid or agree to aid any public or quasi-public body or person unless such body or person is meeting satisfactorily or to the best of its ability all obligations imposed upon it under such agreements. [1957 c.466 �7]

�� 549.640 Disposition of moneys received by commission. Except as provided in ORS 536.500, all moneys received by the Water Resources Commission under the provisions of ORS 549.605 to 549.645, including any allotment of moneys from the federal government to reimburse the state for expenditures made in connection with a flood control project, shall be turned over to the State Treasurer to be placed in the State Treasury to the credit of the General Fund. [1957 c.466 �8]

�� 549.645 Waiver of state�s immunity to suit or action. Except upon contracts providing for arbitration under the provisions of ORS

ORS 550.410

550.410, the initial district board may exercise all the duties and powers conferred on the board of directors under ORS 550.150 to 550.410.

�� (3)(a) At the first meeting of the initial district board, the board shall elect a member to serve as chair. The chair shall preside over board meetings, appoint subcommittees subject to board approval and set the meeting agenda subject to revisions by the board.

�� (b) A majority of the directors of the initial district board shall constitute a quorum for the transaction of business.

�� (4) Any vacancy on the initial district board shall be filled by majority vote of the remaining directors of the board. The replacement director must qualify for the vacant position as provided in subsection (1) of this section.

�� (5)(a) The directors of the initial district board shall serve in place of the board of directors until the initial district board adopts a resolution calling for the appointment and election of the board of directors and a quorum of the directors of the board of directors, as determined under ORS 550.200 (4), takes office.

�� (b) The resolution of the initial district board shall call for the appointment and election of the board of directors to take place not more than six months after the date on which the district first begins to collect revenues under one of the methods set forth in ORS 550.300.

�� (c) The initial district board shall file a copy of the resolution with the county elections officer and the Governor.

�� (6) Notwithstanding ORS 255.325 and 255.335, the first elected directors of the board of directors may be elected at a special election held in accordance with ORS 255.345. [2019 c.621 �5; 2022 c.16 �3; 2024 c.49 �4]

�� 550.195 Board of directors. (1) The board of directors shall consist of nine voting directors selected as follows:

�� (a) One director shall be elected at large by the electors. A candidate for this position must be an elector.

�� (b) Four directors shall be elected at large by the electors. A candidate for any of these positions must be an elector who:

�� (A) Resides within the managed floodplain;

�� (B) Regardless of whether the elector resides within the managed floodplain, owns real property located within the managed floodplain; or

�� (C) Regardless of whether the elector resides within the managed floodplain, is the designated representative of a business or other for profit or nonprofit corporation that owns real property located within the managed floodplain and is authorized in writing by the owner to be a candidate at the time of filing the declaration of candidacy.

�� (c)(A) The Governor shall appoint four directors as follows:

�� (i) One director with expertise or an interest in flood safety;

�� (ii) One director with expertise or an interest in environmental conservation;

�� (iii) One director with expertise or an interest in environmental justice; and

�� (iv) One director representing the Port of Portland from among persons recommended by the board of commissioners of the Port of Portland.

�� (B) Before making an appointment under subparagraph (A)(i) to (iii) of this paragraph, the Governor shall provide the board of directors with an opportunity to recommend individuals who may have specific kinds of expertise that the board believes to be necessary or beneficial to the district.

�� (2) Each elected director of the board of directors shall be elected at a regular district election for a term of four years as provided in ORS 255.335.

�� (3) Each director of the board of directors appointed by the Governor under subsection (1)(c) of this section shall be appointed for a term of four years beginning July 1 and ending June 30.

�� (4)(a)(A) The board of directors shall fill any vacancy among the elected directors of the board of directors as provided in ORS 198.320.

�� (B) The Governor shall fill any vacancy among the appointed directors of the board of directors.

�� (b) A director appointed to the board of directors under paragraph (a) of this subsection shall serve the remainder of the unexpired term of the director that the newly appointed director replaces. [2022 c.16 �5]

�� 550.196 Terms of first directors. (1)(a) Notwithstanding ORS 550.195 (2), the first directors elected at a regular district election shall determine their terms by lot so that the terms of two directors expire on the first June 30 that occurs at least two years after the date of the regular district election at which they were elected and the terms of three directors expire on the first June 30 that occurs at least four years after the date of the regular district election at which they were elected.

�� (b) Notwithstanding paragraph (a) of this subsection, if the first elected directors are elected at an election other than a regular district election under ORS 255.335, the directors shall take office upon certification of the election under ORS 255.295 (2) and shall serve until the first June 30 that occurs after the date of the next regular district election, at which election the elected members of the board of directors shall be elected as provided in paragraph (a) of this subsection.

�� (2)(a) Notwithstanding ORS 550.195 (3), two of the first directors appointed by the Governor shall serve terms ending on the date on which the terms of two of the first directors elected at a regular district election expire as provided in subsection (1)(a) of this section and the other two of the first directors appointed by the Governor shall serve terms ending on the date on which the terms of three of the first directors elected at a regular district election expire as provided in subsection (1)(a) of this section.

�� (b) The Governor shall determine which of the first directors shall be appointed under this subsection for the two-year and the four-year terms. [2022 c.16 �5a]

�� 550.200 Organizational meeting of board of directors; oath; officers; meetings; quorum. (1) As soon as practicable after the election and appointment of the directors to the board of directors, the directors shall meet to qualify all individuals elected or appointed as directors by administering an oath of office and to elect the officers of the board of directors.

�� (2) The directors shall elect from their number a chair and vice chair. Such officers have the authority and duties granted them by the board of directors.

�� (3) The board of directors shall meet at times and places that the board of directors considers necessary or convenient.

�� (4) A majority of the directors shall constitute a quorum for the transaction of business. [2019 c.621 �6; 2022 c.16 �6]

�� 550.210 Duties of board of directors. The board of directors shall:

�� (1) Manage and conduct the affairs of the district.

�� (2) Employ and appoint agents and employees and prescribe the duties and fix the compensation of the agents and employees.

�� (3) Establish reasonable bylaws and rules for the administration of the affairs of the district.

�� (4) Adopt ordinances under ORS 198.510 to 198.600 that the directors consider necessary or convenient for carrying out or enforcing the district�s powers and duties under ORS 550.150 to 550.410.

�� (5) Establish and maintain funds and accounts for the moneys of the district.

�� (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 the district.

�� (8) Keep a record of all proceedings of the board of directors.

�� (9) File for record all documents required by law to be recorded.

�� (10) Establish the boundaries of the managed floodplain. The board of directors may amend the boundaries from time to time as the board deems necessary or prudent to address regulatory or environmental changes that affect the need for district management to accomplish the purposes of the district set forth in ORS 550.170.

�� (11) Consider equity and inclusion in all aspects of administering the district.

�� (12) Call elections within the district as provided in ORS chapter 255, including, but not limited to, elections for the purposes of ORS 550.190 and 550.340.

�� (13) Do such other acts and things as may be necessary or proper for the exercise of the duties imposed on the board of directors. [2019 c.621 �7; 2022 c.16 �7]

�� 550.220 Stakeholder advisory committees. The board of directors may appoint stakeholder advisory committees to:

�� (1) Advise the board of directors on aspects of the operation of the district;

�� (2) Assist with community outreach and citizen participation; and

�� (3) Advise on such other matters as the board of directors deems necessary or beneficial to the district. [2019 c.621 �8; 2022 c.16 �8]

�� 550.230 General powers of district. To carry out the purposes for which it was created, the urban flood safety and water quality district is a body corporate and has the power to, without limitation:

�� (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 in such property, located inside or outside the boundaries of the managed floodplain, as the board of directors deems necessary for the purposes of the district set forth in ORS 550.170, and dispose of such real and personal property when the board of directors deems the property unnecessary for the purposes of the district set forth in ORS 550.170.

�� (5) Enter into intergovernmental agreements under ORS chapter 190 for the construction, preservation, improvement, operation or maintenance of any works or other services.

�� (6) Enter into contracts with the federal government, including, without limitation, the United States Army Corps of Engineers and the Federal Emergency Management Agency.

�� (7) Build, construct, purchase, improve, operate and maintain, subject to all applicable provisions of law, all works that the board of directors considers necessary or desirable.

�� (8) Enter into contracts and employ agents, engineers and attorneys.

�� (9) Enter into contracts or grant agreements with nonprofit corporations or community groups.

�� (10) Acquire and maintain water and water rights, as the board of directors deems necessary for the purposes of the district set forth in ORS 550.170.

�� (11) Enforce the authority of the district and protect the district�s works against public nuisances, obstructions or discharges on public or private property that the district deems to have a negative impact on the district�s works.

�� (12) Take all actions necessary or convenient to effect the dissolution and merger of any drainage district or corporation described in ORS 550.360 that is located entirely within the boundaries of the district and accept and assume the duties, assets and liabilities of the dissolved district or corporation, including all lands and personal property, water rights, contracts, obligations, debts and liabilities as provided in ORS 550.360.

�� (13) Do such other acts and things as may be necessary or proper for the exercise of the powers granted to the district. [2019 c.621 �9; 2022 c.16 �9; 2024 c.49 �5]

�� 550.240 Eminent domain. (1) Except as otherwise provided in this section, the exercise of the power of eminent domain by the urban flood safety and water quality district pursuant to ORS 550.230 (4) shall be governed by ORS 35.015 to 35.530.

�� (2) The district�s authority to condemn property is limited to property located:

�� (a) Within the managed floodplain; or

�� (b) Outside the managed floodplain if the board of directors deems such property to be necessary for flood control within the managed floodplain.

�� (3) The district�s authority to condemn property includes property already devoted to a public use, if acquisition of such property is required by regulations applicable to the district under federal law, is required by a federally mandated agreement between a federal agency and the district or is approved by the public body that owns the property.

�� (4) If the district seeks to acquire by eminent domain all or a portion of property dedicated to open space under the land use regulations of a city or county, just compensation shall be determined based on the zoning designation applicable to the property immediately prior to the open space dedication. [2019 c.621 �10; 2022 c.16 �10]

�� 550.250 District activities as urban services. Activities of the urban flood safety and water quality district are deemed to be urban services, as defined in ORS 195.065, if the district engages in the activities to manage flood control and safety, water quality or surface water. [2019 c.621 �11]

�� 550.260 Plan for watershed and habitat improvement and landscape resilience; decennial review. (1)(a) The urban flood safety and water quality district shall prepare a plan for watershed and habitat improvement and landscape resilience within the managed floodplain. The watershed improvement plan shall be coordinated with plans or programs of other jurisdictions with authority over watershed management within the managed floodplain.

�� (b) The urban flood safety and water quality district may seek funding from other sources if the district determines that the watershed improvement plan would benefit the region or the state.

�� (2)(a) A watershed improvement plan prepared pursuant to this section must:

�� (A) Include existing and proposed works of the district and of other public and private agencies relating to flood safety and watershed health; and

�� (B) Demonstrate a basis for the coordination and planning of future works of the district, governmental agencies and private interests to contribute to improved water quality, fish and wildlife habitat and landscape resilience while reducing the risk of flooding, protecting persons and property from flood risk, improving response to flood emergencies and providing for conveyance of water for flood safety.

�� (b) A watershed improvement plan and works included in the plan must be based on assessments of data and information critical for evaluating and monitoring flood safety or watershed health.

�� (3)(a) The initial district board appointed under ORS 550.190 (1) shall consider the projected scope of a watershed improvement plan and the impact of the plan on the cost of the district�s works in the course of developing methods of funding the operations of the district as provided in ORS 550.190 (2).

�� (b) The board of directors shall complete a watershed improvement plan within three years following the date on which the first board of directors commence their terms of office as provided in ORS 550.195 and 550.196.

�� (4) The district shall review and update the watershed improvement plan at least every 10 years. [2019 c.621 �12; 2022 c.16 �11]

�� 550.270 Construction of district works. (1) The urban flood safety and water quality district may undertake construction of works upon approval of the proposed works by the board of directors.

�� (2) The board of directors shall obtain engineering plans for any works that require engineering. [2019 c.621 �13; 2022 c.16 �12]

�� 550.280 District contracts subject to Public Contracting Code. The urban flood safety and water quality district is a contracting agency as defined in ORS 279A.010 for all applicable requirements of the Public Contracting Code. [2019 c.621 �14]

�� 550.290 Construction on public land or right of way or along public watercourse. (1) The urban flood safety and water quality district may construct works:

�� (a) Across or along any street or public highway, or over any lands, that are the property of the state or of any political subdivision of the state.

�� (b) Across or along any stream of water or watercourse, any ground water resource or any affected lands that are the property of the state or of any political subdivision of the state.

�� (2) When constructing works under this section, the district shall comply with all federal, state and local permitting and regulatory requirements and restrictions applicable to the district�s work in a street, right of way, stream of water or watercourse or ground water resource that is the property of the state or of any political subdivision of the state. [2019 c.621 �15]

�� 550.300 Financing construction, operation or maintenance of district works; local option taxes prohibited. (1) The board of directors may finance the construction, operation or maintenance of district works by the following means:

�� (a) Assessments made under ORS 550.310 against the benefited lands in the district, with or without the issuance of works bonds.

�� (b) Service and user charges imposed under ORS 550.330, with or without the issuance of revenue bonds.

�� (c) Issuance of general obligation bonds under ORS 550.340.

�� (d) Assessments against benefited lands within the managed floodplain made under ORS 550.312.

�� (e) Imposition of the flood safety intergovernmental fee under ORS 550.314.

�� (f) Any other means authorized by law.

�� (g) Any combination of the means described in this section.

�� (2) Notwithstanding subsection (1) of this section, the board of directors may not levy local option taxes under ORS 280.040 to 280.145. [2019 c.621 �16; 2022 c.16 �13; 2024 c.49 �6]

�� 550.310 Assessments against benefited lands for district works; apportionment; hearing; works bonds. (1) All or part of the cost of building, constructing, purchasing, operating, maintaining or improving works of the urban flood safety and water quality district may be assessed against the lands to be benefited by the works. The board of directors shall determine the portion of the cost, if any, that is to be paid from the general fund of the district and the portion that is to be paid by assessments against the lands benefited.

�� (2) Assessments shall be apportioned by the board of directors among benefited lands in accordance with the special and peculiar benefit to be received from the district works by each lot or parcel of land. For parcels of land, or any portion of the parcels, in the district that are undeveloped, the board of directors may, in its discretion, defer assessing or imposing all or any portion of the assessments on such parcels until the parcels are connected with, or receiving services from, the district works.

�� (3) The board of directors shall afford an opportunity for hearing any objections or remonstrances to assessments under this section. If the board of directors receives objections or remonstrances that are signed by more than 50 percent of the landowners representing more than 50 percent of the territory within the proposed assessment district, the proposed assessment may not be imposed.

�� (4) If any portion of the cost of district works is assessed against benefited lands under this section, the board of directors may issue works bonds in the total amount of the valid applications the board of directors has received to pay assessments in installments as provided by ORS 223.205 and 223.210 to 223.295. [2019 c.621 �17; 2022 c.16 �14]

�� 550.312 Annual charge payable by benefited lands for district works; apportionment; assessment and collection. (1)(a) The board of directors of the urban flood safety and water quality district may impose an annual charge to pay the costs of operating and maintaining district works that directly benefit lands situated within the managed floodplain of the district.

�� (b) If the board of directors elects to impose the charge, it shall determine the total amount of revenues required to pay the costs described in paragraph (a) of this subsection, including the estimated delinquencies on payment of the charge, for the succeeding year.

�� (c) The total amount determined under paragraph (b) of this subsection shall be an assessment upon all the benefited lands and shall be apportioned by the board of directors in accordance with the method adopted under subsection (2) of this section.

�� (d) For purposes of this section, benefited lands subject to assessment include:

�� (A) Any portion of a parcel of lands that is so benefited; and

�� (B) Notwithstanding ORS 307.090, lands owned by a public body.

�� (e) Any parcel of benefited lands owned by any person that totals less than one acre shall be assessed as one acre.

�� (2) The board of directors may adopt by ordinance:

�� (a) A method for apportioning the assessments imposed under subsection (1) of this section; or

�� (b) A method of apportionment that is based on the method for apportioning assessments adopted by an existing drainage district formed under ORS chapter 547 or incorporated under ORS chapter 554 that is operating within the managed floodplain as of June 6, 2024.

�� (3)(a) The board of directors shall:

�� (A) Prepare a list of the assessments imposed under subsection (1) of this section and the apportionments made under subsection (2) of this section, including a description of the ownership or holdings of each person whose benefited lands are assessed; and

�� (B) Not later than July 15 of each year, file a written notice in the manner provided in ORS

ORS 551.180

551.180�� Dissolution conditions and procedure

�� 551.010 Use of �lands� in chapter; railroads subject to taxation; duties of surveyor and engineer. (1) When the term �lands� is used in this chapter in reference to taxation, it shall not be held to include improvements thereon; but the roadbed of railway lines within diking districts shall be subject to taxation for diking purposes.

�� (2) For purposes of this chapter, duties prescribed for the county surveyor may also be performed by the county engineer if the county employs a registered professional engineer. [Amended by 1965 c.286 �1]

�� 551.020 Petition for formation of diking district; bond. One-half or more of the owners of lands which may be conveniently embraced in one diking district and which are subject to overflow by tidewaters or freshets, and who represent one-half or more of the area of the lands embraced within the proposed diking district, may present a petition to the county court of the county in which the lands are situated, reciting therein that it is desired to form a diking district for the purpose of improving by diking or damming the lands contained therein, which are subject to overflow by tidewater or by freshets, as the case may be, and further giving by legal subdivisions, or by metes and bounds, the description of such lands as are desired to be included in the district, and stating that the petitioners are the owners of one-half or more of the acreage to be embraced in the district. If, upon consideration of the petition, the county court finds the statements therein are substantially correct, the court shall require the petitioners to give a bond sufficient to cover the preliminary expenses of the proceedings.

�� 551.030 Publication of petition; order to show cause; viewers to investigate proposed works. (1) The county court or board of county commissioners shall then have the petition published in a newspaper of general circulation in the county in which the district is headquartered once each week for four consecutive weeks, together with an order citing all interested parties to appear before the court on a given date, after the time of publication of the notice has expired, and show cause why the petition should not be granted.

�� (2) The court shall appoint three disinterested viewers, nonresidents of the proposed district, together with the county surveyor, to view out the proposed dikes and dams, along the most practical route to accomplish the object desired, at the least possible cost and expense. [Amended by 1989 c.182 �44]

�� 551.040 Duties of surveyors and viewers. The routine of procedure under this chapter shall be as far as practicable the same as prescribed by the road law of the state for survey, location and establishment of county roads. The surveyors and viewers appointed shall meet as prescribed by the county court. They shall trace upon the ground the line of the dikes and dams necessary, and shall keep an accurate record of the magnetic bearings and the distances upon the same. They shall designate the width of the right of way through which the dikes and dams shall pass, which right of way, if the petition is granted, shall be the property of the district in so far as is necessary for the purpose of building and maintaining the works. The surveyors and viewers shall also define the boundaries of the district, and make an accurate list, by legal subdivision, of the lands embraced therein, and the names of the owners thereof. They shall further make plans for, and estimate the cost of, the proposed dikes and dams, and shall file with the county clerk, at least one week before the day set for a hearing, a complete report of their works. Their report shall be open to public inspection.

�� 551.050 Hearing; postponement; decision of court. At the time advertised for the hearing of interested parties, the court may postpone the hearing as may be necessary in order to allow the viewers more time in which to report, or for other good cause. If, upon the final hearing, the county court, from the report of the viewers and the testimony of interested persons, believes that the benefits to be derived from forming a diking district are not sufficiently great to justify the expenditure which will be incurred, the petition and report shall be dismissed at the cost of the petitioners. If the court believes that the proposed improvement will be for the general public good, and that the increase in the taxable value of the land will be greater than the cost, or that destruction of or damage to property equal to the cost will be prevented, the petition shall be granted and the district formed, a number given by which it shall be designated in future proceedings, the report of the viewers adopted and incorporated in the court records, and the cost of the preliminary work assessed upon the district.

�� 551.060 Apportionment of cost of dikes and dams. After the petition has been granted and the proceedings had as specified in ORS 551.050, the court shall apportion the estimated cost of the dikes and dams among the landowners of the proposed district, in proportion to the valuation of the lands therein, according to the estimated value placed upon the respective tracts by the viewers. The cost thus apportioned shall be a tax upon the land and shall be placed upon the assessment roll of the county for the current year. Such taxes for diking purposes shall have the same legal effect and be collected in a like manner as other state and county taxes upon the assessment roll. [Amended by 2001 c.497 �1]

�� 551.070 Advertisement for bids; contracts; bond; personal subscriptions; modification of plan. When the tax has been collected or the application filed as provided in ORS 551.080, the county court shall advertise for bids on the proposed work, either as a whole or in parts, as may be deemed most economical. The advertisement for bids shall be published in the official county paper once each week for two successive weeks previous to letting the contracts. The contracts shall be drawn in such terms as will insure the district against loss, and a bond required of the contractor such as will insure the completion of the work in case of failure to comply with the agreement. No contract shall be awarded which calls for an expenditure of a sum of money greater than the tax levied for the purpose; provided, that the difference may be made up by personal subscriptions; and provided also, the court may modify the plan so as to bring the cost of work within the tax levy, if such modification can be made without material detriment to the improvements.

�� 551.080 Application for payment of assessments in installments. After the assessments have been made, the owner of any property assessed for such improvement in a sum not less than $50 may, at any time within 10 days after the cost of such diking district has been apportioned, file with the clerk of the county court a written application to pay the assessment in installments. The application shall state that the applicant waives all irregularities or defects, jurisdictional or otherwise, in the proceedings to create the diking district, and in the assessment and apportionment of costs. The application shall contain a provision that the applicant agrees to pay the assessment in five annual installments with interest at the rate of six percent per annum. But no such application shall be received and accepted where the assessment exceeds the assessed valuation of the property on the tax roll of the county. The installments shall be paid annually from the time of the apportionment of the costs. In case of default in the payment of any installment for 20 days after it becomes payable, the whole of the remaining unpaid sum shall be collected as a tax against the property assessed for the same.

�� 551.090 Meetings of landowners; procedure; selection of advisory board and superintendent. (1) Within 10 days after the petition has been granted, the petitioners shall call a meeting of the landowners of the district, to be held in the district at a time and place by them designated, for the purpose of choosing three landowners as an advisory board and nominating one landowner for superintendent of the district. Notice of the meeting shall be signed by at least three of the petitioners and posted in three public places in the district five days before the date of the meeting.

�� (2) At the meeting and at all subsequent district meetings one-half of the landowners in the district being the record owners of at least one-half of the number of acres of land therein shall constitute a quorum competent to transact business, and each landowner present shall be entitled to one vote for each acre of land in the district of which the landowner is at the time the record owner. All meetings shall be organized by selecting a chairperson and secretary. The secretary shall certify all proceedings taken and file the same with the county court of the county within five days after any meeting.

�� (3) The advisory board shall assist the superintendent with its advice and counsel concerning the necessity of work and the manner thereof and in the repair and maintenance of the dikes and dams in the district. The members of the advisory board shall hold office until the next annual meeting and until their successors are elected and qualified.

�� (4) There shall be an annual meeting of the landowners of the district on the first Monday in November of each year at 11 a.m., at which time, or at an adjourned meeting thereof, three landowners of the district shall be chosen for the advisory board, and a superintendent shall be nominated for the next calendar year, whose selection shall be certified to the county court on or before January 1 each year. The county court shall appoint for superintendent of dikes in each district the person so nominated by the landowners. Should the district fail to file with the county court a certificate of the nomination of a superintendent, then the county court shall make its own selection from the landowners in the district and appoint the superintendent. In either case the superintendent shall serve until the next annual appointment and until a successor is appointed, subject to removal by the court for neglect of duty, incapacity or other good cause. In case of vacancy in the superintendent�s office the county court may, on consultation with the advisory board, fill the vacancy until the next annual selection.

�� 551.100 Superintendent; compensation; powers and duties; estimate of maintenance costs as basis for annual tax levy. (1) The superintendent:

�� (a) Shall receive such pay for services as the court may allow, but shall be paid only for the time actually employed, and in no case shall the rate of pay exceed that allowed by the county surveyor.

�� (b) Shall oversee the construction and repair of dikes and dams.

�� (c) Shall see that all contracts are faithfully executed, and the work done in a thorough manner.

�� (d) After the dikes are completed, may employ the labor necessary to maintain them at the usual rate of wages allowed to laborers on the county road; provided, that in an emergency the county court may allow a higher rate of wages; and provided, further, that the county court may, with the approval of the advisory board, allow work on maintenance to be done by contract.

�� (2) The superintendent shall also, not less than 15 nor more than 30 days prior to the beginning of each fiscal year, file with the county court an estimate of the money required for the maintenance of the dikes and dams for the succeeding year. Such estimates added to any indebtedness there may be against the district shall be the basis of the tax for next year. The advisory board also shall file with the county court, on or before the 15th day preceding the beginning of each fiscal year, an estimate of the money required for the maintenance of the dikes and dams for the next succeeding year with a statement of the work in its opinion, required to be done, which estimates the court may consider in making its levy.

�� 551.110 Deposit of district funds; payment of claims. Moneys of a district may be deposited in accordance with ORS 295.001 to 295.108 and as designated by the superintendent of the district in consultation with the advisory board. Moneys deposited may be withdrawn or paid out only upon a proper order and warrant or upon a check signed by the superintendent. The order shall:

�� (1) Specify the name of the person to whom the moneys are to be paid;

�� (2) Specify the fund from which the moneys are to be paid;

�� (3) State generally the purpose for which the moneys are to be paid; and

�� (4) Be entered in the record of proceedings of landowner meetings. [Amended by 2001 c.497 �2; 2019 c.587 �45]

�� 551.120 Damages; recovery by landowner. If, in locating and establishing the dikes and dams provided for in this chapter, an owner of land through which they pass is aggrieved on the score of right of way or other causes, the owner shall have proper damage. In such cases claims for damages shall be filed and the amount thereof determined in accordance with the general road law in like cases. The damages allowed shall be assessed against the lands of the district in the same manner as the tax for construction, and paid to the aggrieved parties in the same manner in which other claims are paid.

�� 551.130 Organization of repair and maintenance district for land already diked; levy in proportion to benefits; credit for original cost. Owners of land already diked may organize districts for the repair and maintenance of the dikes and dams thereof by complying with the procedure prescribed in this chapter, except that the petition need not be signed by more persons than the owners of more than one-half of the acreage embraced in the limits of the proposed district. The board of viewers shall provide for placing the dikes and dams in thorough repair and up to a uniform standard, and shall levy the cost of such repairs in the first instance, not upon the assessed valuation of the lands, but in proportion to the benefits conferred. The value of the dikes and dams as they stand shall be estimated and due credit given to the lands which have borne the original cost of construction; provided, such credit shall entitle the land to no consideration greater than release from the cost of repairs in the first instance.

�� 551.140 Realignment of dikes by landowner. Any person through whose lands a dike has been constructed under this chapter may be allowed to construct a dike upon new lines between any two points on the original line. In such case the owner shall file application with the county court, giving a plat of the proposed change, and indorsed by the superintendent of the district. If the court is satisfied that the change is not detrimental to the district, the application shall be granted. The applicant shall construct the new dike at the expense of the applicant, and up to the standard of the original, of which fact the superintendent shall be the judge. The dike thus constructed shall become the property of the district in the same manner as the original, and subject to the same regulation, and the right of way of the original dike shall thereupon become vacated.

�� 551.150 Vacation of right of way; reversion to original owner. The county court may vacate the right of way through which the dikes and dams pass, in the same manner in which county roads are vacated, and the right of way shall thereupon revert to the original owner.

�� 551.160 County authority as to dikes and dams. The governing body of any county shall have the powers provided for it in this chapter to regulate the building and maintenance of dikes and dams for the purpose of reclaiming and improving submersible lands as defined in ORS

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 552.418

552.418, finance the construction, operation or maintenance of district works by:

�� (1) Use of the revolving fund established under ORS 552.635.

�� (2) Assessments under ORS 552.608 and 552.613 against the benefited property in the district with or without issuance of improvement bonds or warrants.

�� (3) Service charges and user fees collected under ORS 552.618 or 552.630 from those who are served by or use the services, works and facilities of the district.

�� (4) Levy of ad valorem taxes under ORS 552.623 and 552.625.

�� (5) Sale of bonds under ORS 552.645 to 552.660.

�� (6) Any combination of the provisions of subsections (1) to (5) of this section. [1969 c.606 �40]

�� 552.605 [Repealed by 1969 c.168 �1]

�� 552.608 Assessment of cost of works against benefited land; hearing on proposed assessment. (1) All or part of the cost of building, constructing, purchasing, operating, maintaining and improving the district works described in an engineering plan adopted under ORS 552.408 or 552.413 may be assessed against the lands to be benefited by the works. The district board shall determine the portion of the cost, if any, that is to be paid from the general funds of the district and the portion that is to be paid by the lands benefited.

�� (2) Assessments shall be apportioned by the district board in accordance with the special and peculiar benefit to be received from the district works by each lot or parcel of land. Where parcels of land, or portions thereof, in the district are undeveloped, the district board may, in its discretion, defer assessing or imposing all or any portion of such assessments on such parcels until such parcels are connected with or receiving services from the district works.

�� (3) The district board shall afford an opportunity for hearing of any individual objections or remonstrances to assessments under this section. If remonstrances or objections are received by the district board signed by more than 50 percent of the landowners representing more than 50 percent of the acreage within the proposed assessment district, the proposed improvement shall not be made. [1969 c.606 �41]

�� 552.610 [Repealed by 1969 c.168 �1]

�� 552.613 Improvement bonds. If any portion of the cost of a district works is assessed against the property directly benefited, the district board may issue improvement bonds in the total amount of the valid applications it has received to pay assessments in installments as provided by ORS 223.205 and 223.210 to 223.295. [1969 c.606 �42; 1995 c.333 �19]

�� 552.615 [Repealed by 1969 c.168 �1]

�� 552.618 Effect of irrigation contract. No tract of land shall be considered to be benefited by the construction, operation, maintenance or improvement of irrigation works unless the owner of such land enters into an irrigation contract with the district. The irrigation contract shall be in such form as shall be prescribed by the district. Upon being executed the contract may be filed for record and the recording of the contract shall constitute notice that such lands are subject to assessments thereafter levied in accordance with the contract. [1969 c.606 �24; 1991 c.459 �428b]

�� 552.620 [Amended by 1955 c.707 �74; repealed by 1969 c.168 �1]

�� 552.623 Ad valorem tax levy, collection, enforcement. (1) Subject to ORS 552.625, a district may assess, levy and collect taxes each year on the assessed value of all taxable property within the limits of the district. The proceeds of the tax shall be applied in carrying out the purposes of this chapter.

�� (2) The district may annually also assess, levy and collect a tax without limitation upon all such property in an amount sufficient to pay the yearly interest on bonds theretofore issued by the district and then outstanding, together with any portion of the principal of the bonds maturing within the year. The tax shall be applied only in payment of interest and principal of bonds issued by the district, but the district may apply any funds it may have toward payment of principal and interest of bonds.

�� (3) Any taxes needed shall be levied in each year and returned to the county officer, whose duty it is to extend the tax roll, by the time required by law for city taxes to be levied and returned.

�� (4) All taxes levied by a district shall become payable at the same time and be collected by the same officer who collects county taxes, and shall be turned over to the district according to law. 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.

�� (5) Property shall be subject to sale for nonpayment of taxes levied by a district in like manner and with like effect as in the case of county and state taxes. [1969 c.606 �43; 1981 c.804 �109]

�� 552.624 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 �44]

�� 552.625 Maximum rate of tax levy; procedure to change rate. (1) Subject to subsection (2) of this section, a district shall not levy an ad valorem tax in any one year in excess of the maximum rate of levy authorized, which shall be stated in the petition for creation of the district, unless a change in the maximum rate is first approved by the electors. The rate of levy shall be stated in dollars and cents per thousand dollars of assessed value.

�� (2) A maximum rate of levy fixed upon creation of the district may be increased or decreased by a majority of those voting on a proposed change at an election called for that purpose. An election on the question of a change shall be called by the district board upon a petition therefor signed by not less than 30 landowners. The question may be submitted to the electors on the motion of the board.

�� (3) A maximum rate of levy fixed as provided by this section is in addition to and not in lieu of any other tax limit provided by law. However, all other tax limits are subordinate to the maximum rate fixed as provided by this section. Notwithstanding any other law, the district board shall not in any one year levy an ad valorem tax in excess of the rate, except when the tax is levied under ORS 552.623 (2) to pay principal and interest on district bonds outstanding.

�� (4) A certified copy of the district board order declaring the results of an election approving a change in the maximum rate of levy under this section shall be filed for record. [1969 c.606 �44]

�� 552.630 Service and user charges. (1) For the purpose of paying the costs of operation and maintenance of district works constructed under this chapter, the district board may by ordinance:

�� (a) Impose and collect service charges on the owners or occupants of property served by the works of the district.

�� (b) Impose and collect user charges, fees and tolls for use of works, facilities and services of the district.

�� (2) Service or user charges shall be based on the cost of operation, maintenance and administration of the works, facilities or service. [1969 c.606 �45; 1991 c.459 �428c]

�� 552.635 Levy to establish revolving fund; use of fund. For the purpose of establishing a revolving fund to provide money to finance the planning and construction of district works, a district board may levy an ad valorem tax of not to exceed in any one year three-twentieths of one percent (0.0015) of real market value of all taxable property within the district. The revenue derived from such taxes shall be credited to a revolving fund, and shall be disbursed by the district board and used only for the purpose for which levied. [1969 c.606 �46; 1991 c.459 �429]

�� 552.645 General obligation bonds. (1) For the purpose of carrying into effect any of the powers granted by this chapter, a district, when authorized at any properly called election held for the purpose, has the power to borrow money, and sell and dispose of general obligation bonds. Outstanding bonds shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the district.

�� (2) The bonds shall be issued from time to time by the district board in behalf of the district as authorized by the electors thereof. The bonds shall mature serially within not to exceed 50 years from issue date. However, for an indebtedness to the federal government or this state, the district may issue one or more bonds of the denominations agreed upon. Bonds shall bear interest at a rate payable semiannually as the board shall determine. The bonds shall be so conditioned that the district shall promise and agree therein to pay to the bearer at a place named therein, the principal sum, with interest at the rate named therein, payable semiannually, in accordance with the tenor and terms of the interest coupons attached.

�� (3) For the purpose of additionally securing the payment of the principal and interest on general obligation bonds issued under this section, the district shall have the power, by resolution of the district, which resolution shall constitute part of the contract with the holders of the bonds, to pledge all or any part of the net revenue of the district. The district board may adopt such a resolution without submitting the question of the pledge to the electors of the district. [1969 c.606 �47; 1983 c.347 �30; 1991 c.459 �430]

�� 552.655 Refunding bonds. Refunding bonds of the same character and tenor as those replaced thereby may be issued pursuant to a resolution duly adopted by the district board without submitting to the electors the question of authorizing the issuance of the bonds. [1969 c.606 �48]

�� 552.660 Process for issuance of bonds. All general obligation bonds, including refunding bonds, issued under ORS

ORS 552.645

552.645 to 552.660 shall be issued as prescribed in ORS chapter 287A. [1969 c.606 �49; 2007 c.783 �219]

�� 552.670 Loan contracts with state or federal agencies. (1) If authorized by its electors, a district may enter a loan contract with a state or federal agency. The loan contract shall be in such form and shall contain such terms as may be agreed upon by the agency and the district. The district may agree to levy assessments against each tract of land benefited, to do all acts and things necessary therefor, to assign to the lending agency the assessments as security for the loan and to perform all such acts within such period of time as may be agreed to between the district and the state or federal lending agency.

�� (2) If a state or federal lending agency pays over money to a district pursuant to the terms of a loan contract and the district fails, refuses or neglects to levy the assessments, to obtain or prepare a benefit roll, to assign the assessments or in any other manner not to perform as it agreed to under the loan contract, the state or federal lending agency shall have the right, at its election, to apply to the circuit court for the county in which is located the largest part of the lands within the district for a writ of mandamus, or any other order or writ, to require the district, its directors, officers and agents to do such acts and things as the district agreed to do under the terms of the loan contract. All costs, charges and expenses pertaining to the issuance and execution of any such writ or order shall be charged to and collected from the lands subject to the assessments in addition to such assessments.

�� (3) Upon the execution of a loan contract, the district shall file for record a certificate which shall state the date of the loan contract, the maximum amount of the loan, the recording data pertaining to the recorded order creating the district, the term of the loan and the rate of interest. Such certificate shall give notice that all lands within the district determined to be benefited by the construction of the works referred to in the engineering plan will be subject to assessments thereafter to be levied. [1969 c.606 �25; 1991 c.459 �430a]

MISCELLANEOUS

�� 552.710 Subdistrict procedure; authority. (1) When a district has adopted a plan under ORS 552.403, subdistricts may be created as provided by this section.

�� (2) Proceedings to create subdistricts, located totally or partially within or outside of a district, may be initiated by a petition of the landowners within the subdistrict. Except as otherwise provided by this section, the petition shall fulfill the same requirements concerning the subdistrict as a petition is, by ORS 552.118, required to fulfill concerning the creation of the main district. The petition shall be filed with the county board of the county where the greater portion of land within the boundaries of the subdistrict is located, and shall be accompanied by an undertaking as provided by ORS 552.118. Proceedings to create a subdistrict shall conform in all things to the provisions relating to the creation of a district. However, the owners of 50 percent or more of the total acreage within the proposed subdistrict shall be required to sign the petition for the creation of a subdistrict.

�� (3) If the county board adopts an order creating a subdistrict, the clerk of the county board shall give notice of the order to the district board. The district board of the main district is the governing board of each subdistrict of the district. For the purpose of qualifying to be a member of a district board, under ORS 552.208 (1), ownership of land within a subdistrict, regardless of the location of the subdistrict, is considered ownership of land within the district. The territory within one subdistrict may be included within another subdistrict or subdistricts.

�� (4) After the creation of a subdistrict, proceedings in reference to a subdistrict shall in all matters conform to the provisions of this chapter applicable to districts. In all matters affecting only a subdistrict, provisions of this chapter applicable to a district apply to the subdistrict as though it were an independent district.

�� (5) The petition for creation of a subdistrict shall include a statement of the amount or quantity of water for which the subdistrict desires to acquire the perpetual use and the amount of money the subdistrict is willing to pay therefor. Prior to the entry of a judgment creating a subdistrict, the county board shall be furnished the verified consent of the district board to furnish such perpetual use of water for the purposes specified to the subdistrict at a price and upon the terms mentioned in the petition. [1969 c.606 �32; 2003 c.576 �519]

�� 552.720 Dissolution of irrigation, drainage or water control district and transfer of assets and liabilities to water improvement district. (1) Any district organized or operating under ORS chapter 545, 547 or 553 may dissolve and transfer its property and other assets and liabilities to a water improvement district which will undertake to furnish service to the inhabitants of the dissolving district.

�� (2) Except as provided by this section, dissolution, liquidation and transfer proceedings shall be conducted as provided by ORS 198.920 to 198.955.

�� (3) When a petition is filed or a resolution is adopted initiating dissolution proceedings, the governing board of the dissolving district and the district board of the water improvement district shall meet with each other to agree on a debt distribution plan to be voted upon as a part of the proposal. The debt distribution plan may provide for any distribution of indebtedness between the water improvement district and the dissolving district. If the boards do not agree on a debt distribution plan or if the area within the dissolving district remains liable under the plan for any portion of the indebtedness outstanding at the time of the dissolution and transfer, the district board of the water improvement district shall be ex officio board of the dissolved district for the purpose of levying taxes or collecting charges in such area until the bonded and other indebtedness of the dissolved district is paid.

�� (4) The consent of all the known holders of valid indebtedness against the dissolving district shall be obtained or provision made in the debt distribution plan for the payment of the nonassenting holders. The area within the boundaries of the dissolving district shall not by reason of the dissolution and transfer be relieved from liabilities and indebtedness previously contracted by the dissolving district.

�� (5) If the dissolution is approved at an election in accordance with the law applicable to the dissolving district, the governing body of the dissolving district shall convey to the water improvement district all assets of the dissolving district after paying and discharging the debts and obligations to, or procuring releases from the nonassenting holders, in accordance with the debt distribution plan. [1969 c.606 �13; 1971 c.727 �167; 1991 c.459 �430b]

�� 552.730 [1969 c.606 �11; repealed by 1971 c.647 �149]

�� 552.740 Notice requirements. When notice is required by this chapter to be given by publication, the notice shall be published in a newspaper of general circulation in the district, or if there is no such newspaper, in a newspaper of general circulation in each county in which the district is located. Notice of a hearing to be held before the district board or the county board shall be published once each week for four consecutive weeks, making four publications, and the last publication shall be at least five days before the date set for the hearing. All other notices required to be published under this chapter shall be published once each week for two consecutive weeks, making two publications, and the last publication shall be at least five days before the date of the event for which the notice is given. This section does not apply to provision of notice for an election. [1969 c.606 �12; 1971 c.647 �119; 1983 c.350 �304]

�� 552.750 Election laws applicable. (1) ORS chapter 255 governs the following:

�� (a) The nomination and election of directors.

�� (b) The conduct of all 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. [1983 c.350 �302]

BOUNDARY CHANGES

�� 552.810 Procedure for inclusion or exclusion of land in district. A petition for inclusion or exclusion of territory in a district may be filed without the approval of the district board indorsed on the petition. However, if the county board approves the petition and determines the boundaries, the district board shall call an election in the district for the purpose of submitting the proposal to the electors of the district. [1969 c.606 �10; 1971 c.727 �168; 1983 c.83 �101; 1983 c.350 �305]

�� 552.820 [1969 c.606 �50; repealed by 1971 c.727 �203]

�� 552.825 [1969 c.606 �51; repealed by 1971 c.727 �203]

�� 552.830 Date of election on dissolution of district. An election on dissolution may be held only on the same date as the regular district election. [1969 c.606 �52; 1971 c.727 �169; 1983 c.350 �306]

�� 552.835 [1969 c.606 �53; repealed by 1971 c.727 �203]

�� 552.840 [1969 c.606 �54; repealed by 1971 c.727 �203]

�� 552.845 [1969 c.606 �55; repealed by 1971 c.727 �203]

�� 552.850 [1969 c.606 �56; repealed by 1971 c.727 �203]

�� 552.855 [1969 c.606 �57; repealed by 1971 c.727 �203]

�� 552.860 [1969 c.606 �58; repealed by 1971 c.727 �203]

�� 552.990 [Repealed by 1969 c.168 �1]

PENALTIES

�� 552.992 Penalties. Subject to ORS 153.022, violation of any regulation adopted under ORS 552.345 is a Class B violation. [1969 c.606 �29(2); 1987 c.185 �5; 1999 c.1051 �198]

ORS 553.815

553.815. The order shall be filed in the office of the county clerk of the county in which the court is situated, and a certified copy of the order shall be filed with the county clerk of each other county in which lands within the subdistrict are located. [Amended by 1969 c.691 �7]

�� 553.370 Reappraisal after construction of works; when authorized. In the event that it is determined, after the construction of any works within a subdistrict, that any lands within the subdistrict are benefited and the benefits accruing to such lands were not determined by the board or by appraisal or the benefits determined by the board are less than the benefits actually accruing to the property, or in case any person makes use of or profits by the works within any subdistrict to a degree not compensated for in the original determination of benefits by the board or by appraisal, or in case the directors of the district find it necessary to take or damage any additional property, the directors shall petition the court for appointment of a board of appraisers to appraise or reassess the benefits accruing to any tract of land within the subdistrict or to appraise the damages to or value of any property taken. After the appraisers file their report, the court shall act thereon in the manner provided for the approval by the court of the original appraisal.

�� 553.380 Reduction of benefits. In the event that it is determined after the construction of any works within a subdistrict that the benefits received by any tract of land are materially less than the appraised benefits, the board may, upon the petition of any owner of a tract of land, hold a hearing on the question of whether the benefits should be reduced. The board shall give notice by mail 30 days prior to such hearing to all other owners of land within the subdistrict. After hearing evidence for and against the reduction of benefits assessed against the tract of land in question, the board shall make an order reducing the amount of assessed benefits or dismissing the petition.

ASSESSMENTS; CLAIMS; EQUALIZATION

�� 553.510 Special assessments. In order to raise the funds required by a district for the construction, purchase, operation, maintenance and improvement of works and facilities for purposes set forth in ORS 553.020 in any subdistrict, and in order to pay the general overhead and other expenses of a district which are not chargeable directly to any subdistrict, the lands benefited by any or all of such types of works and by the operation of the district shall be subject to special assessments of the following classes:

�� (1) A preliminary assessment, which shall be levied for the purpose of defraying the expenses incurred by the district for organization of the district, for organization of subdistricts, and for defraying overhead costs and other expenses including purchases of rights of way, acquisition of land and payment of fees and services as may be incurred by the district prior to the time that construction assessments are levied or a tax is levied. A preliminary assessment shall be apportioned on the basis of the assessed valuation of property in the district. A preliminary assessment shall be not more than five-hundredths of one percent (0.0005) of the real market value of all taxable property within the district computed in accordance with ORS 308.207. No district shall levy a preliminary assessment for more than three years.

�� (2) A construction assessment, which shall be levied for the purpose of defraying the cost of constructing or purchasing the works in each subdistrict. The construction assessment shall be levied as soon as the board is able to determine the probable cost of constructing or purchasing the works described in the engineering plan for a subdistrict or a construction assessment may be levied for the construction or purchase of works in accordance with any loan agreement with the government of the United States or the State of Oregon for money to be used in the construction or purchase of such works or in accordance with a purchase agreement entered into with the seller of such works. All construction assessments shall be paid in 10 equal annual installments and shall bear interest at a rate not to exceed six percent per annum until paid from the date the first installment of the assessment is due. Any landowner may make advance payments on the construction assessment levied against the lands of the landowner. The board may, in its discretion, decrease the amount of any annual installment and spread the payment of the construction assessment over a period longer than 10 years. Such decrease shall apply uniformly to all lands within the subdistrict. Whenever the board determines that the original construction assessment is not in an amount sufficient to pay the cost of constructing or purchasing the works described in the engineering plan for the subdistrict, the board shall assess a second construction assessment.

�� (3) A maintenance and operation assessment, which shall be levied for the purpose of defraying the cost of maintaining and operating the works constructed within any subdistrict. On or before November 1 of each year the board shall determine the probable cost of maintaining and operating the works within each subdistrict during the ensuing calendar year.

�� (4) An improvement assessment, which shall be levied for the purpose of defraying the cost of making improvements within a subdistrict. On or before November 1 of each year the board shall determine the probable cost of making any necessary improvements to any completed works within each subdistrict. No improvement assessment levied in any one year shall be greater in amount than one percent of all construction assessments levied against the same tract of land. In case of an emergency the board may, upon the approval of the owners of over half of the lands affected, levy, assess and collect a special improvement assessment. The board may, in its discretion, levy an improvement assessment within the limitations above provided in order to accumulate a fund to make improvements in future years. [Amended by 1959 c.605 �1; 1961 c.186 �8; 1965 c.623 �13; 1969 c.691 �8; 1991 c.459 �431]

�� 553.520 Apportioning assessments; adjustment of benefits. (1) After determining the sum of money to be raised by any assessment, except a preliminary assessment, the board shall apportion the same among the lands liable therefor. Benefits used as a basis for apportioning maintenance and operation assessments and improvement assessments, except assessments levied for the operation, maintenance and improvement of irrigation works, may be adjusted from year to year in such manner that the adjusted benefits are in the same proportion to the new assessed valuation of the tract of land as the original appraised benefits are in proportion to the original appraised benefits plus the original assessed valuation of such tract of land.

�� (2) Adjusted benefits shall be made the basis for apportioning the maintenance and operation assessments and the improvement assessment, and shall not be used as a basis for apportioning construction assessments or preliminary assessments. Benefits determined to be accruing to lands upon the construction of irrigation works shall not be adjusted in any manner.

�� 553.530 Disposition of funds received. (1) All sums of money received by a district in payment of any assessment shall be kept in a separate fund for each subdistrict from which the assessment is collected. All funds remaining unexpended in any construction fund after the payment of all costs incurred for the construction of works in any subdistrict shall be paid into the improvement fund for such subdistrict, and any funds remaining on hand in any maintenance and operation fund for any year for any subdistrict shall likewise be paid into the improvement fund of that subdistrict.

�� (2) The district shall maintain a general fund in which shall be kept all funds received by the district for paying the general overhead and other expenses of the district. The district shall pay into the general fund such portion of each of the special assessments levied against lands within subdistricts as is necessary to pay the general expenses and overhead of the district.

�� 553.535 Collection of charges and assessments by resolution of board. (1) In lieu of the provisions and methods contained in ORS 553.535 to 553.580, the board of directors of a district may provide by resolution for the billing and collection of the charges or assessments of the district in the manner provided under ORS 545.482 to 545.508 for irrigation districts.

�� (2) A resolution adopted under this section may apply to any or all of the assessments provided for under ORS 553.510, including but not limited to all charges or assessments for operation and maintenance, repairs, bond or interest payments, payments due or to become due to the United States under any contract of the district with the United States or other expenses of the district.

�� (3) Where in ORS

ORS 553.850

553.850�� Dissolution upon majority vote

GENERAL PROVISIONS

�� 553.010 Definitions. As used in this chapter, except where the context clearly indicates a different meaning:

�� (1) �Board� means the board of directors of a water control district created under the provisions of this chapter.

�� (2) �District� means a water control district created under this chapter.

�� (3) �Court� means the county court having jurisdiction over a water control district and includes the board of county commissioners.

�� (4) �Land� or �tract of land� means real property, together with improvements thereon, whether publicly or privately owned, within a district.

�� (5) �Landowner,� �owner,� �owner of land� and �owner in fee� are synonymous and mean a person, public body as defined in ORS 174.109, or the federal government or any agency thereof, owning a tract of land situated within a district, or within the boundaries of a proposed district. The vendee named in a bona fide contract of sale of a tract of land situated within a district shall be considered as a landowner to the exclusion of the vendor. Whenever two or more persons own a tract of land as tenants in common or by entirety, each such person shall be regarded as a landowner. The guardian, administrator or executor authorized to act as such of a person or estate owning land within a district shall be considered a landowner.

�� (6) �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 lands with water for irrigation, domestic or other purposes.

�� (7) �Notice by publication� means the giving of notice by publication in a newspaper defined as a legal publication under the laws of Oregon in each county in which lands within a district are located. A notice of a hearing to be held before the board of a district or the court shall be published once each week for four consecutive weeks making four publications and the last publication of such notice shall be at least 10 days before the date set for the hearing. All other notices required to be published under the provisions of this chapter shall be published once each week for two consecutive weeks making two publications, and the last publication shall be at least five days before the date of the event for which the notice is given. This subsection does not apply to provision of notice for an election.

�� (8) �Engineering plan� means the plans and specifications for the works to be constructed or purchased within any subdistrict, including such maps, profiles, plans and other data as may be necessary to set forth the location, character of the work, the property benefited, taken or damaged, showing any and all rights of way or other property which may be required for the construction of any works, together with the estimates of the cost of the works and an estimate of the benefits and damages which will accrue to each tract of land within a subdistrict upon the construction or purchase of the works. A project work plan prepared for a subdistrict in cooperation with a soil and water conservation district may be adopted as the engineering plan, even though such project work plan is not the final construction plan, and does not give an estimate of the benefits and damages which will accrue to each tract.

�� (9) �Apportion� means to determine the proportionate share of any assessment which is to be borne by a tract of land subject to assessment or to determine the proportionate share of any charge which is to be borne by the owner or occupant of a tract of land. The determination shall be made by calculating the percentage ratio of the appraised benefits of a tract of land to the total appraised benefits accruing to all tracts of land, or owners and occupants thereof, subject to the assessment or charge and allocating to the tracts of land, or owners and occupants, the same percentage of the total sum of money to be raised by the assessment or charge.

�� (10) �New assessed valuation� means the assessed valuation of a tract of land as assessed by the county assessor for the county in which the land is located for the year in which an adjustment of benefits is made by a district.

�� (11) �Original appraised benefits� means the benefits determined to accrue to a tract of land by an appraisal.

�� (12) �Original assessed valuation� means the assessed valuation of a tract of land as assessed by the county assessor for the county in which the land is located for the year in which the original benefits were determined.

�� (13) �Record� means to file a document for recording with the county clerk of each county in which the lands within a district or subdistrict are located. [Amended by 1961 c.186 �4; 1965 c.623 �1; 1969 c.691 �1; 1983 c.83 �102; 1983 c.350 �307; 1991 c.459 �430c; 2003 c.802 �138]

ORGANIZATION AND POWERS OF DISTRICT

�� 553.020 Creation of water control districts; purposes; limits. (1) Water control districts may be created as provided in 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 to improve the public health, welfare and safety.

�� (2) A water control district, organized for one or more of the purposes provided by subsection (1) of this section, may also acquire, purchase, construct, improve, operate and maintain works and facilities for the secondary purposes of domestic, municipal and industrial water, recreation, wildlife, fish life and water quality enhancement. However, a water control district may not be created solely for one or more of the purposes provided by this subsection. [Amended by 1969 c.691 �2]

�� 553.030 [Amended by 1965 c.623 �2; repealed by 1971 c.727 �203]

�� 553.035 Application of election laws. (1) ORS chapter 255 governs the following:

�� (a) The nomination and election of directors of the district board.

�� (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.

�� (3) A person may vote in a district election only if the person is an elector registered in the district. However, in any district in which there are no electors registered in the district and the property is used for business, industrial or farming purposes and is nonresidential in character, all owners of property located within the district may vote, and the authorized officer or representative of any corporation owning land in the district may vote for the corporation landowner. [1983 c.350 �311]

�� 553.040 [Amended by 1965 c.623 �2a; repealed by 1971 c.727 �203]

�� 553.050 [Repealed by 1971 c.727 �203]

�� 553.060 [Amended by 1965 c.623 �3; repealed by 1971 c.727 �203]

�� 553.065 [1965 c.623 �8a; 1969 c.691 �3; repealed by 1971 c.727 �203]

�� 553.070 Boundary change; consent. If any contract has been entered into between the district and the United States or the State of Oregon or any agency of either of them, or if the district has contracted to purchase any existing works and the purchase price has not been paid in full, no change shall be made in the boundaries of the district without the written consent of such contracting agency or the vendor of such existing works. [Amended by 1965 c.623 �4; 1971 c.727 �170]

�� 553.080 [Amended by 1959 c.71 �1; 1967 c.609 �12; 1969 c.691 �3a; repealed by 1971 c.647 �149]

�� 553.090 Nature and powers of district. A water control district formed under the provisions of this chapter 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.

�� (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 and improvements 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) Create special assessment districts, hereinafter referred to as subdistricts, for the purpose of levying assessments against lands benefited by works constructed by the district or ad valorem taxes on all taxable property within the subdistrict.

�� (10) Levy assessments against lands benefited by works constructed by the district or, in lieu of all assessments provided for by ORS 553.510 (2), (3) and (4), levy ad valorem taxes on all taxable property within the subdistrict in order to provide funds for the construction, purchase, improvement, operation or maintenance of such works.

�� (11) Borrow money and issue notes, bonds, and other indebtedness secured by mortgage liens, pledge of special assessments as provided in ORS 553.510, or pledge of other income or revenue of the district, or any combination thereof.

�� (12) In addition to or in lieu of the levy of assessments against the lands of the district, impose and collect service charges upon the owners or occupants of the property served by the works of the district and impose and collect user charges, fees and tolls for use of the works, facilities and services of the district.

�� (13) Do such other acts or things as may be necessary for the proper exercise of the powers herein granted. [Amended by 1965 c.623 �5; 1991 c.459 �430d; 2003 c.802 �139]

�� 553.095 Entry upon land; notice. The board of directors, its officers, agents or employees shall have the right to enter upon any land to make surveys for the purposes of the district, upon giving the owners of such land notice of any such surveys reasonably in advance thereof. [1965 c.623 �9]

�� 553.100 [Repealed by 1975 c.326 �5]

�� 553.105 Districts coterminous with 1969 districts; abolishment of existing districts. (1) There hereby is created a water control district territorially coterminous with each water control district existing on June 16, 1969, if such district was at that time a valid district but for the fact that its electorate was restricted to property owners. In determining the boundaries of districts created by this subsection, full effect shall be given to annexations, withdrawals and consolidations effected by districts prior to June 16, 1969, under this chapter or other statutes authorizing or purporting to authorize such action.

�� (2) Water control districts territorially coterminous with the districts created by subsection (1) of this section hereby are abolished.

�� (3) Water control districts created by this section shall be governed by this chapter. [1969 c.691 �16]

�� 553.107 Effect of creation of districts under ORS 553.105. Each water control district created by ORS 553.105 shall in all respects succeed to and replace the territorially coterminous water control district abolished by ORS 553.105. Without limiting the foregoing:

�� (1) A successor district is:

�� (a) The owner of the property of the succeeded district, including real property and funds on deposit with the county treasurer or banks.

�� (b) Successor party to the contracts of the succeeded district.

�� (c) Successor party to the court proceedings of the succeeded district.

�� (d) Successor obligor on the indebtedness of the succeeded district.

�� (2) The directors and officers of the succeeded district are the directors and officers of the successor district. Each director and officer shall hold office for a term equal to the term of office in the succeeded district. [1969 c.691 �17]

�� 553.110 Vested water rights; inclusion of land in district or assessment; consent. (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

ORS 555.535

555.535�� Application of ORS chapter 255

RECLAMATION UNDER CAREY ACT

�� 555.010 Acceptance by state of conditions of Carey Act and grants thereunder. The State of Oregon hereby accepts the conditions of section 4 of the Act of Congress approved August 18, 1894 (28 Stat. 422), and amendments thereto, known as the �Carey Act,� together with all grants of land to the state under the provisions of that Act.

�� 555.020 Water Resources Commission to manage lands; general powers; transfer of powers of former state boards. The selection, management, and disposal of the land referred to in ORS 555.010 shall be vested in the Water Resources Commission. The commission may employ necessary assistance, purchase material and supplies, and shall have charge and control of all reclamation work undertaken, contracted for, or initiated by the State Land Board prior to the passage of chapter 226, Oregon Laws 1909, or by the Desert Land Board prior to the passage of chapter 434, Oregon Laws 1927, and of the reclamation companies which were operating under either of those boards.

�� 555.030 Duties of Water Resources Commission. The Water Resources Commission, or some authorized assistant, shall:

�� (1) Have custody of all the records and files under the provisions of ORS 555.010 to 555.160, which shall be public records and open to inspection by the public during office hours.

�� (2) Receive and file all proposals for construction of irrigation works to reclaim lands selected under the provisions of ORS 555.010 to 555.160.

�� (3) Keep for public inspection maps or plats of all land selected.

�� (4) Receive entries of settlers on these lands.

�� (5) Do any and all work necessary in carrying out the provisions of ORS 555.010 to 555.160. [Amended by 1955 c.707 �68]

�� 555.040 Powers of Water Resources Commission as to contracts with Secretary of Interior for lands to be reclaimed; lien for expenses. Upon application, made as provided in ORS 555.050, by any person desiring to reclaim any of the desert government lands in this state, the Water Resources Commission shall make proper application for the lands which the applicant undertakes to reclaim, and make and enter into contract or agreement with the Secretary of the Interior for the donation and patent to the state, free of cost for survey or price, of such desert lands. The commission may make and enter into such contracts and agreements, and create and assume such obligations in relation to and concerning the lands, as may be necessary to induce and cause such reclamation thereof as is required by the contract with the Secretary of the Interior and the Acts of Congress. The commission may create a lien which shall be valid on and against the separate legal subdivisions of land reclaimed, for the necessary expenses of reclamation, and reasonable interest thereon from the date of reclamation until the lien is satisfied; provided that in no event, in no contingency, and under no circumstances, shall the state be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part.

�� 555.050 Application to Water Resources Commission for lands to be reclaimed; selection and withdrawal of lands. (1) Any person desiring to construct ditches, canals or other irrigation works to reclaim land under the provisions of ORS 555.010 to 555.160 shall, at the expense of the person, file with the Water Resources Commission an application for selection on behalf of the state, by the commission, of the land to be reclaimed. The application shall conform to all requirements of the federal laws and rulings thereunder, and be accompanied by the necessary land office fees and such additional data as may be prescribed by the commission, including a preliminary estimate of costs and the amount of lien asked for. If the application is made in proper form, and it appears that the proposed plan is feasible, that the applicant is financially able to complete the work, and that its completion will be to the best interests of the state, then the commission, at the expense and cost of the applicant, shall make proper application for the selection and withdrawal of the lands included in the application.

�� (2) The commission may do all things necessary to secure the withdrawal of lands on behalf of the commission by the Secretary of the Interior, and let a contract to the lowest responsible bidder for the reclamation and colonization of the same when withdrawn.

�� 555.060 Deposit by applicant; disposition of money. A deposit shall accompany each application in a sum not less than 10 cents per acre up to 1,000 acres, and two cents per acre for each acre over that amount, which sum shall be deposited with the Water Resources Commission and held in trust as a guarantee of good faith on the part of the applicant, to whom it shall be returned at the time of execution of a contract between the state and the applicant. In case the person making the application shall, upon segregation by the Secretary of the Interior of any or all of the lands mentioned therein, refuse to enter into a contract with the state, the deposit shall be forfeited to the state and credited to the Oregon Irrigation Fund.

�� 555.070 Contract for reclamation of land; contents; examination and report by Water Resources Commission; sale of water right to settlers; bond of contractor; deposit to secure purchasers of water rights. Upon withdrawal of the land by the Department of the Interior, the Water Resources Commission shall enter into a contract for the reclamation of such land with the person submitting the application, which contract shall contain plans and specifications of the proposed irrigation works; provided, that no contract shall be executed by the commission until after an examination by the commission concerning the feasibility of the proposed plan of reclamation, sufficiency and availability of the water supply, and reasonableness of the estimate of cost and the lien requested. The contract shall provide for the sale of the water right to settlers on the land in satisfaction of the reclamation lien allowed. This contract shall not be entered into on the part of the state until the withdrawal of the lands by the Department of the Interior and the filing of a satisfactory bond on the part of the proposed contractor, which bond shall be in a penal sum not less than two percent of the lien to be allowed, and shall be conditioned upon the faithful performance of the provisions of the contract with the state; provided, that in case the contractor is the irrigation district such bond need not be filed. The commission may, however, require the contractor to make a deposit at the time of application for entry of land by settlers to insure the transfer of the system in good condition and repair to the purchasers of water rights as herein provided, which deposit shall be returned by the commission at the time of such transfer. [Amended by 1955 c.707 �69]

�� 555.080 Reclamation works; control by contractor; transfer to purchasers of water rights. For such time as is specified in the contract, and not to exceed 10 years from the date thereof, the control and management of the reclamation works shall be vested in the person having contract with the state. At the expiration of such time the clear and unencumbered title to the reclamation works and all franchises thereunto belonging, also the control and management thereof, shall pass to the purchasers of water rights from the reclamation works in the manner to be prescribed in the contract, the contractor retaining an interest in the works proportional to the amount of water right unsold.

�� 555.090 Time for construction of works; date of commencement; securing of water rights; cessation of work as causing forfeiture; extension of time. No contract shall be made by the Water Resources Commission which requires a greater time than five years for construction of the works. All contracts shall state that the work shall begin within six months from date of contract; that the contractor shall secure for the use and benefit of the reclamation system all necessary water rights, rights of way, reservoir sites, or other property necessary for its construction and operation; that construction shall be prosecuted diligently and continuously to completion; and that a cessation of work under the contract with the state for a period of six months, without the sanction of the commission, will forfeit to the state all rights under the contract. The commission may extend the time in which to begin the construction of works, or for the completion of work, on account of delay caused by physical or engineering difficulties beyond the power of the contractor to control.

�� 555.100 Nonperformance by contractor; forfeiture; notice of forfeiture; sale of incomplete works; disposal of proceeds. (1) Upon the failure of any parties having contracts with the state for the construction of irrigation works, to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract with the state, to the satisfaction of the Water Resources Commission, the commission shall give the parties written notice of such failure. If after a period of 60 days from the sending of such notice they have failed to proceed with the work or to conform to the specifications of their contract with the state, or secure an extension of time, their contract and all works constructed thereunder shall be at once forfeited to the state.

�� (2) In case of any forfeiture, cancellation, or relinquishment of any contract to the state, the commission shall so declare and give notice once each week, for four weeks, in some newspaper of general circulation in the county in which the work is situated, and in one newspaper at the state capital in like manner and for a like period, of the forfeiture, cancellation, or relinquishment of the contract, and that upon a fixed day proposals will be received at the office of the commission for purchase of the incompleted works and for completion of the irrigation works in accordance with plans, specifications and other conditions prescribed by the commission, the time for receiving bids to be at least 60 days subsequent to the issuing of the last notice of forfeiture. The money received by the commission from sale of the partially completed works under the provisions of this section shall first be applied to the expenses incurred by the state in their forfeiture and disposal, and the surplus, if any exists, shall be paid to the original contractors with the state.

�� 555.110 State�s liability. Nothing in ORS 555.010 to 555.160 shall be construed as authorizing the Water Resources Commission to obligate the state to pay for any work constructed under any contract, or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.

�� 555.120 Conditions precedent to entry onto land and sale of water rights; form of applications for purchase or for release of lien; �date of reclamation.� No land shall be open to entry and no water rights shall be sold by the parties under contract with the Water Resources Commission until the construction of the works is sufficiently advanced to insure a water supply, and the entry of an order by the commission opening the land or any portion thereof to entry and sale. All applications to purchase lands, or for release of lien for construction of the reclamation works, shall be upon the forms provided by the commission. The �date of reclamation,� for the purposes of ORS 555.010 to 555.160, shall be the date shown by the proof furnished the Secretary of the Interior by the commission at which water was furnished available for the reclamation of each tract in the list of lands.

�� 555.130 Application to enter; contract for purchase of water rights and release of lien; payment for land. Any citizen of the United States, or any person having declared an intention to become such, over the age of 21 years, may make application, under oath, to the Water Resources Commission, upon forms prescribed by the commission, to enter any of the lands reclaimed under the provisions of ORS 555.010 to 555.160, in an amount not to exceed 160 acres for any one person. Each application shall be accompanied by a contract, made and entered into by the applicant with the person who has undertaken the reclamation of the tract in question, which contract shall show that the applicant has made proper arrangement for purchase of the necessary water rights and the release of the construction lien. Each application to the commission shall in addition be accompanied by a payment of not less than $1 per acre for each acre included in the application, which payment shall be made by the contractor out of the first payment by the applicant, and shall be deposited by the commission with the State Treasurer, who shall credit it to the Oregon Irrigation Fund. If the application is not approved, the $1 payment shall be returned to the contractor.

�� 555.140 Deeds to land; execution; form; title conveyed; record; preservation of copies; copies as evidence. Upon filing with the Water Resources Commission a satisfactory release of the construction lien apportioned by the commission against the land in any application, accompanied by satisfactory proof of reclamation, cultivation and settlement, as required by the rules of the commission, it shall be the duty of the commission to deed to the applicant, or the assignee of the applicant, the land described in the application. The deeds shall be in form of a quitclaim and shall operate to convey only such title as the state may have in the land conveyed. The deeds, without acknowledgment, or copies thereof duly certified and attested under seal by the commission, certified from the official copy in the keeping of the commission, shall be admitted to record. The commission shall preserve, in a suitable book, a true copy of the deeds, with an alphabetical index of the names of the grantees, and such copies or certified copies thereof certified and attested as aforesaid shall be primary evidence of such conveyances.

�� 555.150 Rules. The Water Resources Commission shall provide suitable rules for the filing of applications for constructing irrigation works, prescribing the nature of final surveys, and the gathering of engineering data upon which the contract with the state is to be based, the manner in which the plans and specifications shall be submitted, and for the entry of and payment for the land and water rights by settlers and for the settlement or forfeiting of entry by settlers, and such other rules and regulations as are necessary to carry out the provisions of ORS 555.010 to

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 62.803

62.803.

�� (11) �Manufactured housing� means a dwelling unit manufactured off-site having a minimum width of 10 feet and a minimum area of 400 square feet built on a permanent chassis and designed to be used for permanent residential occupancy whether or not on a permanent foundation, and that contains permanent eating, cooking, sleeping and sanitary facilities and meets such standards as the department determines, by rule, are reasonable to maintain the quality, safety and durability of the dwelling, the sanitary requirements of the communities in which they are located and the security of the loans that the department may finance for the purchase of the dwellings.

�� (12) �Nonprofit housing corporation� means an organization formed under ORS chapter 65 and whose articles of incorporation provide, in addition to the other requirements of ORS chapter 65, that:

�� (a) The corporation has been organized exclusively to provide housing facilities for persons and families of lower income and such other social, recreational, commercial and communal facilities as may be incidental to such housing facilities.

�� (b) All the income and earnings of the corporation shall be used exclusively for corporation purposes and that no part of the net income or net earnings of the corporation may inure to the benefit of any private individual, firm, corporation, partnership or association.

�� (c) The corporation is in no manner controlled or under the direction or acting in the substantial interest of any private individual, firm, partnership or association seeking to derive profit or gain therefrom or seeking to eliminate or minimize losses in transactions therewith.

�� (d) The operations of the corporation may be supervised by the department and that the corporation shall enter into such agreements with the department as the department may require to regulate the planning, development and management of any housing project undertaken by the corporation and the disposition of the property and other interests of the corporation.

�� (13) �Person of lower income� or �family of lower income� means:

�� (a) A person or family residing in this state whose income is not more than 80 percent of area median income, adjusted for family size, as determined by the Housing and Community Services Department based on information from the United States Department of Housing and Urban Development;

�� (b) A person or family residing in this state whose income, adjusted for family size, is below the level the Housing and Community Services Department has determined to be necessary in order to obtain in the open market decent, safe and sanitary housing, including the cost of utilities and taxes, for not more than 25 percent of the gross income of the person or family; or

�� (c) Any person or family the department determines is appropriate to treat as a person of lower income or a family of lower income incidental to the accomplishment of department programs for persons and families of lower income described in paragraphs (a) and (b) of this subsection.

�� (14) �Project cost� or �costs of the project� means the sum of all reasonable expenses incurred by a qualified housing sponsor in undertaking and completing a housing project approved by the department. �Project costs� or �costs of the project� include but are not limited to the expenses incurred by a qualified housing sponsor for:

�� (a) Studies and surveys;

�� (b) Plans, specifications, architectural and engineering services;

�� (c) Legal, organizational and other special services;

�� (d) Financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated housing units;

�� (e) Movement of existing buildings to new sites; the cost of acquisition, or estimated fair market value, of land and other interests in real estate;

�� (f) Rehabilitation, reconstruction, repair or remodeling of existing buildings;

�� (g) Estimated carrying charges during construction and for a reasonable period thereafter;

�� (h) Placement of tenants or occupants and relocation services in connection with the housing project;

�� (i) Reasonable builder�s or sponsor�s profit and risk allowance; and

�� (j) Development costs not otherwise included in this subsection.

�� (15) �Qualified housing sponsor� means the following entities if approved by the department under ORS 456.620 (2):

�� (a) A consumer housing cooperative;

�� (b) A limited dividend housing sponsor;

�� (c) A nonprofit housing corporation;

�� (d) A for-profit housing sponsor;

�� (e) A housing authority;

�� (f) An urban renewal agency created by ORS 457.035; and

�� (g) Any city or county governing body or agency or department designated by the governing body.

�� (16)(a) �Residential housing� means a specific work or improvement within this state that contains units for persons or families of lower incomes and is undertaken primarily to provide dwelling accommodations, including land development and acquisition, construction or rehabilitation of buildings and improvements thereto, for residential housing, and such other nonhousing facilities as may be incidental or appurtenant thereto and as the department determines improve the quality of the development as it relates to housing for persons or families of lower income or moderate income households as defined in ORS 456.270 and the financial feasibility of the development.

�� (b) �Residential housing� includes, but is not limited to, a specific work or improvement within this state undertaken to provide mobile home or manufactured dwelling parks as defined in ORS 446.003.

�� (c) As used in this subsection, �land development� includes, but is not limited to, the improvement of streets and alleys and the construction of surface drains, sewers, curbing and sidewalks.

�� (17) �Residential loan� means any of the following:

�� (a) A loan that is for the acquisition, construction, improvement or rehabilitation of residential housing.

�� (b) An insured or guaranteed loan for the acquisition of manufactured housing or for the acquisition of a lot described in ORS 92.840 by a manufactured dwelling park tenant.

�� (c) A loan for the purchase of a proprietary lease and related cooperative shares in a housing cooperative formed under ORS chapter 62 secured by a security interest of first priority and a pledge or an assignment of proprietary leases and related cooperative shares.

�� (d) A loan, secured by such lien as may be approved by the department, made for the acquisition of a residential structure and made solely to provide down payment or closing cost assistance to allow low and moderate income households to qualify for a first position purchase loan on the structure. [Formerly 456.615; 2009 c.541 �21; 2015 c.180 �5; 2021 c.55 �2; 2023 c.193 �18; 2025 c.537 �5]

�� 456.550 Policy. (1) There exists in this state a seriously inadequate supply of and a pressing need for safe and sanitary dwelling accommodations within the financial means of persons and families of lower income, including but not limited to persons and families displaced by the clearing of slums and blighted areas or by other public programs;

�� (2) Private lending institutions have been and will continue to be unable to provide necessary financial support for lower income housing and the resulting shortage of financing has been in whole or in part responsible for the shortage of lower income housing;

�� (3) It is a valid public purpose to provide for the construction, rehabilitation, purchase, leasing and refinancing of housing for such persons and families who would otherwise be unable to obtain adequate dwelling accommodations which they could afford and to aid in the acquisition of land for present or future developments including such housing accommodations;

�� (4) It is further found that the authority and powers conferred by ORS 456.548 to 456.828 and ORS chapter 458 upon the Housing and Community Services Department and the Director of the Housing and Community Services Department constitute a necessary public program and serve a valid public purpose;

�� (5) To stimulate and increase the supply of housing for persons and families of lower income it is necessary that a central source of housing information, planning, educational services and technical assistance and a revolving fund be established. The Housing and Community Services Department shall be that central source in this state;

�� (6) It is the policy of this state to increase the amount of and improve the condition of low and moderate income housing by investing in developing local capacity to build, rehabilitate and manage housing. A primary vehicle for building such capacity is the formation and expansion of community development corporations; and

�� (7) In that the farmworkers in this state benefit the social and economic welfare of all of the people in Oregon by their unceasing efforts to bring a bountiful crop to market, the Legislative Assembly declares that it is the policy of this state to ensure adequate accommodations commensurate with the housing needs of Oregon�s farm workers that meet decent health, safety and welfare standards. To accomplish this objective in the interest of all of the people in this state, it is necessary that:

�� (a) Every state and local government agency that has powers, functions or duties with respect to housing, land use or enforcing health, safety or welfare standards, under this or any other law, shall exercise its powers, functions or duties consistently with state policy and in a manner that will facilitate sustained progress in attaining the objectives established;

�� (b) Every state and local government agency with jurisdiction over farmworker activities must make every effort to alleviate insanitary, unsafe and overcrowded accommodations;

�� (c) Special efforts should be directed toward mitigating hazards to families and children; and

�� (d) Accommodations must be designed to provide for the rights of free association to seasonal farmworkers. [1971 c.505 �1; 1973 c.828 �1; 1973 c.832 �3; 1975 c.154 �7; 1989 c.1030 �5; 1995 c.79 �244; 2001 c.625 �4]

�� 456.553 [1989 c.307 �1 (enacted in lieu of

ORS 646.605

646.605, the court shall award the servicemember the greater of $5,000 or three times the amount of actual damages, including damages for emotional distress.

�� (3) A written demand under subsection (1) of this section must be sent by certified mail, return receipt requested. The demand must include the servicemember�s name and address, the date on which the servicemember went on active duty and a description of the alleged violation of 50 U.S.C. 3901 et seq. [2009 c.83 �2; 2019 c.13 �19]

CONSTRUCTION AGREEMENTS

�� 30.140 Void and unenforceable provisions relating to indemnification and duty to defend in construction agreements. (1) As used in this section:

�� (a) �Architectural, engineering, photogrammetric mapping, transportation planning or land surveying services� has the meaning given that term in ORS 279C.100.

�� (b) �Construction agreement� means any written agreement for the planning, design, construction, alteration, repair, improvement or maintenance of any building, highway, road excavation or other structure, project, development or improvement attached to real estate including moving, demolition or tunneling in connection therewith.

�� (c) �Related services� has the meaning given that term in ORS 279C.100.

�� (2) Except to the extent provided under subsections (3) and (4) of this section, any provision in a construction agreement that requires a person or that person�s surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property caused in whole or in part by the negligence of the indemnitee is void.

�� (3) This section does not affect any provision in a construction agreement that requires a person or that person�s surety or insurer to indemnify another against liability for damage arising out of death or bodily injury to persons or damage to property to the extent that the death or bodily injury to persons or damage to property arises out of the fault of the indemnitor, or the fault of the indemnitor�s agents, representatives or subcontractors.

�� (4) A public body as defined in ORS 174.109, including a public body acting as part of an intergovernmental entity formed with another state or with a political subdivision of another state, may not require in a contract with a person or entity providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services a duty to defend the public body or intergovernmental entity against a claim for professional negligence and relating to the professional services provided by the person or entity providing architectural, engineering, photogrammetric mapping, transportation planning or land surveying services or related services, except to the extent that the person�s or entity�s liability or fault is determined by adjudication or alternative dispute resolution or otherwise resolved by settlement agreement, and not to exceed the proportionate fault of the person or entity. A contractual provision that violates this subsection is unenforceable.

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

�� (a) Any real property lease or rental agreement between a landlord and tenant whether or not any provision of the lease or rental agreement relates to or involves planning, design, construction, alteration, repair, improvement or maintenance as long as the predominant purpose of the lease or rental agreement is not planning, design, construction, alteration, repair, improvement or maintenance of real property;

�� (b) Any personal property lease or rental agreement; or

�� (c) Any design-build contract.

�� (6) No provision of this section shall be construed to apply to a �railroad� as defined in ORS

ORS 646A.322

646A.322 in 2007]

�� 646.460 [Repealed by 1975 c.255 �17]

TRADE SECRETS

�� 646.461 Definitions for ORS 646.461 to 646.475. As used in ORS 646.461 to 646.475, unless the context otherwise requires:

�� (1) �Improper means� includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means. Reverse engineering and independent development alone shall not be considered improper means.

�� (2) �Misappropriation� means:

�� (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means;

�� (b) Disclosure or use of a trade secret of another without express or implied consent by a person who used improper means to acquire knowledge of the trade secret;

�� (c) Disclosure or use of a trade secret of another without express or implied consent by a person who, before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake; or

�� (d) Disclosure or use of a trade secret of another without express or implied consent by a person, who at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was:

�� (A) Derived from or through a person who had utilized improper means to acquire it;

�� (B) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

�� (C) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use.

�� (3) �Person� means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.

�� (4) �Trade secret� means information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

�� (a) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

�� (b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. [1987 c.537 �2]

�� 646.463 Enjoining misappropriation; payment of royalties; affirmative acts. (1) Actual or threatened misappropriation may be temporarily, preliminarily or permanently enjoined. Upon application to the court, an injunction shall be vacated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

�� (2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of the misappropriation that renders a prohibitive injunction inequitable.

�� (3) In appropriate circumstances, the court may order affirmative acts to protect a trade secret. [1987 c.537 �3]

�� 646.465 Damages for misappropriation. (1) A complainant is entitled to recover damages adequate to compensate for misappropriation, unless a material and prejudicial change of position by a defendant prior to acquiring knowledge or reason to know of the misappropriation renders a monetary recovery inequitable.

�� (2) Damages may include both the actual loss caused by misappropriation, and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss, but shall not be less than a reasonable royalty for the unauthorized disclosure or use of a trade secret.

�� (3) Upon a finding of willful or malicious misappropriation, punitive damages may be awarded in an amount not exceeding twice any award made under subsections (1) and (2) of this section. [1987 c.537 �4]

�� 646.467 Attorney fees. The court may award reasonable attorney fees to the prevailing party if:

�� (1) A claim of misappropriation is made in bad faith;

�� (2) A motion to terminate an injunction is made or resisted in bad faith; or

�� (3) Willful or malicious misappropriation is found by the court or jury. [1987 c.537 �5]

�� 646.469 Preservation of trade secret by court; methods. In any action brought under ORS

ORS 660.410

660.410 and 660.445 contributed to statewide labor force participation by demonstrating, at a minimum, the following:

�� (A) The percentage of individuals who participated in an established program as compared to the share of the statewide labor force, by race;

�� (B) The percentage of individuals who participated in an established program as compared to the share of the statewide labor force, by gender;

�� (C) The percentage of individuals who participated in an established program and who received a post-secondary certificate, credential or degree as compared to the share of the statewide labor force, disaggregated by race, age, gender and geographical area;

�� (D) The number of individuals who participated in an established program and who received a post-secondary certificate, credential or degree as compared to the statewide educational attainment goals described under ORS 350.014 and 350.018, disaggregated by race, age, gender and geographical area; and

�� (E) The job placement rates of individuals who participated in an established program as compared to long-term employment projections for health care and manufacturing, disaggregated by race, age, gender and geographical area.

�� (4) As used in this section:

�� (a) �Community-based organization� has the meaning given that term in ORS 660.390.

�� (b) �Workforce service provider� has the meaning given that term in ORS 660.400.

�� (c) �Youth workforce program� has the meaning given that term in ORS 660.448. [2022 c.28 �12]

�� 660.420 Program for strategic investments in maritime workforce development activities; rules. (1) There is established a program in the Higher Education Coordinating Commission to support strategic investments in workforce development programs and activities in Oregon�s maritime sector, in coordination with:

�� (a) Local workforce development boards in regions with a high demand for maritime workers;

�� (b) Community colleges operated under ORS chapter 341; and

�� (c) Other workforce partners that support maritime workforce development, including but not limited to school districts and regional networks that support science, technology, engineering and mathematics.

�� (2) At a minimum, the program shall:

�� (a) Make targeted investments in workforce development programs designed to advance the growth, qualifications and availability of Oregon�s maritime workforce.

�� (b) Identify and develop specific sectors within the maritime workforce to initiate new workforce education and job skills programs and to increase participation in existing maritime programs.

�� (c) Promote growth and development of maritime workforce development programs in school districts and community colleges by hiring faculty and staff with maritime expertise to assist with curriculum selection for educational programs and the development of such programs to prepare individuals for careers in the maritime sector.

�� (d) Foster industry involvement in apprenticeship programs, mentorship and other programs that provide training for entry into the maritime workforce.

�� (e) Support activities that prepare individuals for careers in the maritime sector, including but not limited to educating, training and mentoring activities related to maritime construction and engineering and mariner training.

�� (f) Conduct outreach and promote awareness about opportunities to receive maritime training and education.

�� (3) The commission may adopt any rules necessary for the implementation and administration of this section. [2023 c.546 �17]

(Coordinated Service and Career Pathways for Youth and Young Adults)

�� 660.425 Oregon Conservation Corps Program. (1) The Oregon Conservation Corps Program is established for the purposes of:

�� (a) Reducing the risk wildfire poses to communities and critical infrastructure.

�� (b) Helping to create fire-adapted communities.

�� (c) Engaging youth and young adults in workforce training.

�� (2) Youth and young adults between 16 years of age and 26 years of age who have been qualified by a youth development organization may participate in projects undertaken by the corps.

�� (3) Notwithstanding any contrary provision of law, participants in projects undertaken by the corps:

�� (a) Are not employees of the corps.

�� (b) Are exempt from prevailing wage laws.

�� (c) Must receive compensation for their participation of at least minimum wage or an allowance or stipend that, when combined with other sources of payment the participant is eligible to receive, including academic credit or an AmeriCorps education award, is equivalent to the value of minimum wage. [Formerly 476.694]

�� 660.430 Role of Oregon Youth Works Advisory Board in supporting Oregon Conservation Corps Program. (1) As used in this section:

�� (a) �Eligible organization� includes Oregon-based nonprofit youth development organizations, federally recognized Indian tribes in this state, nonprofit associations engaged in workforce development and public entities that provide programs of job training, skill development and forest-related or rangeland-related career path training.

�� (b) �Tribe� means a federally recognized Indian tribe in Oregon.

�� (2) The Oregon Youth Works Advisory Board created under ORS 660.440 shall, in collaboration with a qualified nonprofit foundation, actively seek and source private donations to support the Oregon Conservation Corps Program.

�� (3) The advisory board may direct the expenditure of moneys from the Oregon Conservation Corps Fund for a promotional website and materials to solicit private funds.

�� (4) The advisory board shall advise the Higher Education Coordinating Commission on the implementation of a grant process that:

�� (a) Provides funding to support the work conducted by the Oregon Conservation Corps Program.

�� (b) Defines and uses an equity lens in awarding grants by identifying and supporting populations with greater vulnerability, including communities of color, indigenous communities, communities with members who have limited proficiency in English and communities with lower-income members.

�� (c) Awards grants to eligible organizations.

�� (d) Ensures that grant awards support activities described in ORS 660.425 (1) and subsection (5) of this section.

�� (e) Establishes guidelines for prioritizing grant-supported projects to reduce community fire risks, promote youth and young adult workforce development and educational experiences and reduce hazardous fuels.

�� (5) The commission shall consult with the State Forestry Department to ensure that the grant process awards funds to proposals that:

�� (a) Protect at-risk communities and infrastructure within the wildland-urban interface, as described in ORS 477.503.

�� (b) Meet standards for fuel treatment established by the department.

�� (6) The advisory board shall annually submit a report to an appropriate committee or interim committee of the Legislative Assembly, as described in ORS 192.245, and to the State Wildfire Programs Director and Wildfire Programs Advisory Council, regarding the expenditure of moneys deposited in the Oregon Conservation Corps Fund. [Formerly 476.696]

�� 660.435 Oregon Conservation Corps Fund. (1) The Oregon Conservation Corps Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Conservation Corps Fund shall be credited to the fund.

�� (2) The fund may receive contributions from individuals and private organizations.

�� (3) Moneys in the fund are continuously appropriated to the Higher Education Coordinating Commission to be used as directed by the Oregon Youth Works Advisory Board created under ORS 660.440 and for related administrative expenses of the commission.

�� (4) The commission shall keep records of all moneys credited to and deposited in the fund and the activity or program against which each withdrawal from the fund is charged. [Formerly 476.698]

�� 660.440 Oregon Youth Works Advisory Board. (1) There is created in the Higher Education Coordinating Commission the Oregon Youth Works Advisory Board. The purpose of the advisory board is to provide advice on and oversight of the implementation and alignment of youth workforce development programs for which the commission is responsible, including but not limited to:

�� (a) The Oregon Youth Corps created under ORS 660.453;

�� (b) The Oregon Conservation Corps Program established under ORS 660.425; and

�� (c) The Oregon Youth Employment Program created under ORS 660.353.

�� (2) The Governor, in consultation with the commission, shall determine the number of members on the advisory board. In determining the number of members on the advisory board, the Governor shall ensure that membership consists of at least seven but not more than 12 members.

�� (3) The Governor shall appoint the members of the advisory board. The members must be residents of this state who reflect the geographic, racial, ethnic and gender diversity of this state and who have necessary experience that will enable the advisory board to meaningfully advise the commission on topics including, but not limited to:

�� (a) Career-connected learning that provides learners with career awareness, exploration, preparation and training in connection with professional and industry-based expectations;

�� (b) Development of career pathways;

�� (c) Youth education programs;

�� (d) Workforce development programs;

�� (e) Rural workforce needs; and

�� (f) Workforce issues affecting underrepresented communities.

�� (4) The advisory board must include representation from:

�� (a) The forestry or wildfire sector;

�� (b) The natural resources sector;

�� (c) Workforce sectors that are experiencing workforce demands;

�� (d) Communities in which the wildland-urban interface faces a high risk of wildfire exposure;

�� (e) Underrepresented communities, including communities of color, rural communities and communities that have faced generational poverty or other communities that have been historically underrepresented in youth employment as determined by the commission by rule;

�� (f) Tribal communities; and

�� (g) Local workforce development boards.

�� (5) Members of the advisory board serve for a term of four years at the pleasure of the Governor.

�� (6) Members may not receive compensation for service on the advisory board, but, subject to any applicable laws regulating travel and other expenses of state officers and employees, may be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties, as provided in ORS 292.495, with moneys available to the advisory board for the purpose of reimbursing members.

�� (7) The commission shall provide the advisory board with necessary staff support. [Formerly

ORS 671.220

671.220.

�� (2) A person may not bring or maintain an action related to the practice of architecture in a court of this state unless the person alleges and proves that at the time the person engaged in the practice of architecture, the person was a registered architect or was a foreign architect acting in compliance with ORS 671.020. An architectural firm may not bring or maintain an action related to the practice of architecture in a court of this state unless the architectural firm was a registered architectural firm at the time the architectural firm engaged in the practice of architecture.

�� (3) ORS 671.010 to 671.220 do not prevent a person from representing the person�s membership in or affiliation with any bona fide professional or trade organization unless the person makes the representation to advance the person�s unlawful practice of architecture or unlawful attempt to engage in the practice of architecture. [Amended by 1961 c.585 �7; 1977 c.803 �16; 1983 c.389 �3; 1989 c.795 ��2,5; 1991 c.734 �64; 1995 c.327 �2; 1995 c.762 �1; 1997 c.643 �13; 1999 c.1084 �58; 2013 c.196 �14; 2023 c.70 �16]

LANDSCAPE ARCHITECTS

�� 671.310 Definitions for ORS 671.310 to 671.459. As used in ORS 671.310 to 671.459, unless the context requires otherwise:

�� (1) �Board� means the State Landscape Architect Board.

�� (2) �Design� means layout, form and establishment of grades and tangible site features for services described in subsection (5) of this section.

�� (3) �Landscape architect� means an individual who engages in the practice of landscape architecture.

�� (4) �Landscape architect in training� means a person registered as a landscape architect in training under ORS 671.316 (3).

�� (5) �Landscape architecture� or the �practice of landscape architecture� means the performance of, or offer to perform, professional services that have the dominant purpose of landscape preservation, development and enhancement, including but not limited to reconnaissance, research, planning, landscape and site design, the preparation of related drawings, construction documents and specifications and responsible construction observation. �Landscape architecture� or the �practice of landscape architecture� includes the location, arrangement and design of tangible objects and features that are incidental and necessary for landscape preservation, development and enhancement.

�� (6) �Landscape preservation, development and enhancement� means:

�� (a) The preservation and aesthetic and functional enhancement of land uses and natural land features;

�� (b) The location and construction of aesthetically pleasing and functional systems, approaches and settings for structures, roadways and walkways or other improvements for natural drainage and erosion control;

�� (c) Design for trails, pedestrian systems, plantings, irrigation, site lighting, grading and drainage and other site features;

�� (d) Investigation, selection and allocation of land and water resources for appropriate uses;

�� (e) Feasibility studies;

�� (f) Formulation of graphic and written criteria to govern the planning and design of land conservation programs;

�� (g) Preparation, review and analysis of master plans for land use and development;

�� (h) Production of overall site plans, plans for grading, drainage, irrigation and planting, and related construction details;

�� (i) Development specifications, cost estimates and reports;

�� (j) Collaboration in the design of roads, bridges and structures with respect to the functional and aesthetic requirements of the areas where the roads, bridges and structures are to be placed;

�� (k) Negotiation and arrangement for execution of land area projects; and

�� (L) Field observation of land area construction, restoration and maintenance.

�� (7) �Registered landscape architect� means a person registered as a landscape architect under ORS 671.310 to 671.459.

�� (8) �Site features� means constructed surfaces, steps, retaining walls, fences, arbors, trellises, benches, decks, fountains, ponds, waterways, pools or other physical elements constructed or proposed for construction in the landscape. [1961 c.431 �1; 1963 c.580 �31; 1981 c.536 �1; 1983 c.455 �1; 1987 c.414 �42; 2001 c.950 �11; 2003 c.14 �413]

�� 671.312 Purpose of ORS 671.310 to 671.459, 671.992 and 671.995. ORS 671.310 to 671.459, 671.992 and 671.995 are enacted in order to introduce qualifying criteria in the professional practice of landscape architecture. This action is necessary to safeguard public health, safety, welfare and property and to eliminate unnecessary loss and waste in this state. These safeguards are in the practice of landscape architecture as it relates to engineering, architecture, ground water, land use planning, landscape hazards, the further development of the practice of landscape architecture and the landscape architectural concerns of the people of this state. [1983 c.455 �3; 1995 c.189 �1; 2001 c.950 �12]

�� 671.315 [1981 c.536 �2; 1995 c.189 �2; repealed by 2001 c.950 �23]

�� 671.316 Registration requirement for practice of landscape architecture; registration as landscape architect in training; rules. (1) Except as provided in this section, unless an individual is registered as a landscape architect by the State Landscape Architect Board, the individual may not engage in the practice of landscape architecture. Unless an individual is registered as a landscape architect by the board, the individual may not use the title of �landscape architect,� �registered landscape architect� or �landscape architectural designer� or use other titles or any words, letters, figures, signs, cards, advertisements, symbols or other devices to represent that the individual or a business associated with the individual is authorized to practice landscape architecture.

�� (2) A person may not knowingly aid or abet an individual who is not registered as required under this section in the practice of landscape architecture.

�� (3) Notwithstanding subsections (1) and (2) of this section, the board may register a person as a landscape architect in training if the person meets the education and experience standards established by board rule and passes a board approved examination. The board shall adopt rules establishing fees and specifying the qualifications, duties, functions and powers of a landscape architect in training. [2001 c.950 �2]

�� 671.318 Businesses providing landscape architecture services. A business may not provide landscape architecture services unless the work is under the full authority and responsible charge of a registered landscape architect who is also an owner or officer of the business. A business shall file a form with the State Landscape Architect Board identifying responsible landscape architects by name and registration number. The filing must also describe the services that the business is offering to the public. The filing must be in a form prescribed by the board. The business shall notify the board in writing no later than 30 days after a change of registered owners or officers or a change of business name or address. [2001 c.950 �3]

�� 671.320 [1961 c.431 �2; repealed by 1977 c.842 �10]

�� 671.321 Activities not considered practice of landscape architecture. (1) ORS 671.310 to 671.459,

ORS 671.992

671.992 and 671.995 do not restrict or otherwise affect the right of any person to:

�� (a) Practice architecture under ORS 671.010 to 671.220;

�� (b) Practice engineering under ORS 672.002 to 672.325;

�� (c) Engage in the occupation of growing and marketing nursery stock, or use the title �nurseryman� or �landscape nurseryman�;

�� (d) Operate as a landscape construction professional or landscape contracting business under ORS

ORS 672.002

672.002 to 672.325. [2015 c.576 �8]

�� 672.200 Grounds for suspension or revocation of certificate or permit or refusal to issue, restore or renew certificate or permit; grounds for reprimand. The State Board of Examiners for Engineering and Land Surveying may suspend, revoke or refuse to issue, restore or renew a certificate or permit, or may reprimand an individual enrolled as an intern or holding a certificate or permit:

�� (1) For violating any provision of ORS 672.045;

�� (2) For gross negligence, negligence or incompetence in the practice of engineering, land surveying or photogrammetric mapping;

�� (3) Subject to ORS 670.280, for conviction of a felony;

�� (4) For conviction of a misdemeanor involving the practice of engineering, land surveying or photogrammetric mapping;

�� (5) For failing to pay a civil penalty or fee in the manner prescribed by a final order of the board, or for failing to meet any other term of a final order of the board; or

�� (6) For violating a rule of professional conduct prescribed by the board. [Amended by 1971 c.751 �21; 1981 c.143 �9; 1991 c.221 �3; 1995 c.33 �6; 2009 c.259 �15; 2013 c.169 �1]

�� 672.205 [1971 c.734 �111; 1981 c.143 �10; 1995 c.33 �7; 1997 c.210 �7; repealed by 2013 c.169 �3]

�� 672.210 Procedure for suspension or revocation of certificate, permit or enrollment; hearing; majority of board members required to take action; reinstatement. (1) Proceedings for the suspension or revocation of a certificate, an enrollment or a permit may be initiated by filing with the State Board of Examiners for Engineering and Land Surveying written charges against the accused. The charges may be preferred by any person, or by the board on its own motion.

�� (2) The board shall fix a time and place for a hearing on the charges and cause notice thereof with a copy of the charges to be delivered to the accused in person or mailed to the last-known address of the accused. The notice shall be so delivered or mailed at least 30 days before the date fixed for the hearing.

�� (3) At a hearing, the accused shall have the right to appear in person or by counsel, or both, to cross-examine witnesses and to produce evidence and witnesses in a defense. If the accused does not appear, the board may proceed to hear and determine the validity of the charges.

�� (4) After a hearing, the board may, if a majority of the members of the board agree, reprimand the accused, or suspend, refuse to renew or revoke the permit, enrollment or certificate of the accused.

�� (5) The power of the board to suspend a certificate, enrollment or permit includes the power to reinstate:

�� (a) At a time certain; or

�� (b) When the person subject to suspension fulfills conditions for reinstatement set by the board. [Amended by 1971 c.751 �22; 1979 c.681 �3; 1981 c.143 �11; 1995 c.33 �8]

�� 672.215 Proceedings to enjoin violations of ORS 672.002 to 672.325. If the State Board of Examiners for Engineering and Land Surveying decides that a person has engaged, or is about to engage, in any activity that is or will be a violation of ORS 672.002 to 672.325, the board may institute a proceedings in an appropriate circuit court to restrain the activity or proposed activity. An injunction may be issued without proof of actual damages but if issued, the defendant is not thereby relieved of any criminal liability. [1971 c.751 �23; 1981 c.143 �12]

�� 672.220 [Repealed by 1971 c.734 �21 and 1971 c.751 �39]

�� 672.230 [Repealed by 1971 c.751 �39]

(State Board)

�� 672.240 State Board of Examiners for Engineering and Land Surveying; appointment; qualifications; officers. (1) The State Board of Examiners for Engineering and Land Surveying shall operate as a semi-independent state agency subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 672.002 to 672.325. The board shall consist of 11 members appointed by the Governor as follows:

�� (a) Two members shall be members of the general public.

�� (b) Two members shall be registered professional land surveyors.

�� (c) Five members shall be registered professional engineers.

�� (d) One member shall be registered both as a professional engineer and as a professional land surveyor. However, if a qualified individual is not available, the Governor may appoint either a registered professional engineer or a registered professional land surveyor.

�� (e) One member shall be a registered photogrammetrist. However, if a qualified individual is not available, the Governor may appoint either a registered professional engineer or a registered professional land surveyor.

�� (2) The Governor shall appoint members to the board so that there is at least one member of the board from each congressional district in this state.

�� (3) Each engineer, land surveyor or photogrammetrist member of the board shall have been:

�� (a) A resident of this state for at least three years immediately preceding appointment; and

�� (b) Practicing as a registered professional engineer, registered professional land surveyor or registered photogrammetrist for at least five years since the date of the individual�s initial registration.

�� (4) The board shall elect biennially from among its members a president and vice president for the ensuing biennial term. [Amended by 1955 c.215 �1; 1963 c.580 �32; 1969 c.314 �75; 1971 c.751 �24; 1971 c.753 �28; subsection (3) enacted as 1971 c.751 �26(1); 1979 c.147 �1; 1981 c.143 �13; 1987 c.414 �47; 1997 c.210 �8; 1997 c.643 �21; 1999 c.1084 �61; 2009 c.259 �16; 2011 c.33 �1]

�� 672.250 Term; certificate of appointment; oath; removal; vacancies. (1) Upon the expiration of the term of any board member, the Governor shall appoint a person possessing the qualifications prescribed by ORS 672.240 as a member of the State Board of Examiners for Engineering and Land Surveying to serve for a term of four years from July 1.

�� (2) Every member of the board shall receive a certificate of appointment from the Governor and before beginning the term shall file with the Secretary of State the constitutional oath of office.

�� (3) The Governor:

�� (a) May remove any member of the board for misconduct, incapacity or neglect of duty.

�� (b) By appointment for the unexpired term, shall fill any vacancy caused by death, resignation or removal from office. [Amended by 1963 c.580 �33; 1971 c.751 �25; 1979 c.147 �2; 1981 c.143 �14]

�� 672.255 Rulemaking authority. (1) The State Board of Examiners for Engineering and Land Surveying shall adopt rules:

�� (a) Establishing fees as provided in ORS 672.155 and late-payment charges under ORS 672.170.

�� (b) Providing a procedure for the issuance, denial, suspension or revocation of certificates, enrollments and permits.

�� (c) Prescribing standards of professional conduct for professional engineers, professional land surveyors, photogrammetrists, engineering interns and land surveying interns.

�� (d) Specifying branches of engineering, land surveying and photogrammetric mapping in which examinations are offered.

�� (e) For registering individuals and issuing certificates of registration and temporary permits to individuals under ORS 672.002 to 672.325.

�� (f) Prescribing standards and intellectual, educational and technical qualifications for examination, registration and renewal in addition to the qualifications and conditions specified under ORS 672.002 to 672.325.

�� (g) Prescribing standards and guidelines for retired or inactive status of registrants, including provisions to allow the return to active status.

�� (h) Defining the scope of practice for individuals holding a certificate issued by the board to practice engineering, land surveying or photogrammetric mapping or a temporary permit issued by the board to perform engineering or photogrammetric mapping.

�� (2) In adopting rules under subsection (1)(c) to (h) of this section, the board shall give consideration to national practices as well as to local practices. Adoption of rules shall be in accordance with ORS chapter 183. [1971 c.751 �32; 1975 c.429 �12a; 1979 c.495 �4; 1981 c.556 �1; 1991 c.221 �5; 1995 c.68 ��1,12; 1997 c.210 �9; 2005 c.445 �10; 2009 c.259 �17; 2013 c.86 �11; 2015 c.576 �14]

�� 672.260 [Amended by 1971 c.751 �27; repealed by 1971 c.753 �74]

�� 672.265 [1971 c.751 �33; 1973 c.832 �37; repealed by 1975 c.429 �13]

�� 672.270 [Repealed by 1971 c.753 �74]

�� 672.280 [Repealed by 1971 c.751 �39]

�� 672.290 [Amended by 1971 c.751 �29; repealed by 1971 c.753 �74]

�� 672.300 Investigation of complaints. The State Board of Examiners for Engineering and Land Surveying shall carefully investigate any complaints or information relating to violations of ORS 672.002 to 672.325. [Amended by 1971 c.753 �29; 1981 c.143 �15]

�� 672.310 Investigation of identity of person claiming to be registered. The State Board of Examiners for Engineering and Land Surveying may inquire into the identity of any person claiming to be a registered professional engineer, registered professional land surveyor or photogrammetrist and, after due service of a notice in writing, require the person to prove to the satisfaction of the board that the person is the person authorized to practice engineering, land surveying or photogrammetric mapping under the certificate of registration by virtue of which the person claims to be authorized. When the board finds that a person making such a claim is not in fact the person to whom the certificate of registration was issued, the board shall reduce the findings to writing and file the findings in the office of the board. The findings are prima facie evidence that the person mentioned therein is falsely impersonating another of a like or different name. [Amended by 1971 c.751 �30; 2009 c.259 �18]

�� 672.320 [Amended by 1963 c.580 �34; 1971 c.751 �31; repealed by 1971 c.753 �74]

(Civil Penalties)

�� 672.325 Civil penalties. (1) In addition to any other penalty provided by law, any person who violates any provision of ORS 672.002 to 672.325 or any rule adopted thereunder shall forfeit and pay to the State Board of Examiners for Engineering and Land Surveying a civil penalty in an amount determined by the board of not more than $1,000 for each offense.

�� (2) Civil penalties under this section shall be imposed as provided in ORS 183.745.

�� (3) Notwithstanding ORS 670.335, civil penalties recovered under this section shall be deposited into an account established by the board as provided in ORS

ORS 672.007

672.007, may not be maintained by any person against an engineer for structural engineering services rendered by the engineer under the provisions of this section.

�� (3) An action for damages arising out of the provision of building code inspections, plan reviews or post-disaster building evaluations may not be maintained by any person against a certified inspector or certified building evaluator if the inspector or building evaluator is providing building code inspections, plan reviews or post-disaster building evaluations under the provisions of this section and the inspector or building evaluator is operating within the scope of the certification.

�� (4) The immunity provided by this section applies only to services that meet all of the following requirements:

�� (a) The services are rendered without compensation.

�� (b) The services are rendered within 60 days after the Governor declares a state of emergency under the provisions of ORS 401.165.

�� (c) The services are rendered to assist in relief efforts arising out of the emergency giving rise to the declaration of emergency.

�� (5) This section does not affect the liability of any architect, engineer, inspector or building evaluator for gross negligence or intentional torts.

�� (6) The immunity provided by this section applies only to:

�� (a) Inspectors certified under ORS 455.715 to 455.740;

�� (b) Building evaluators certified for post-disaster building evaluation by the Department of Consumer and Business Services;

�� (c) Architects who are registered under ORS 671.010 to 671.220;

�� (d) Engineers who are registered under ORS 672.002 to 672.325; and

�� (e) Architects and engineers who are licensed or registered under the laws of another state. [1995 c.616 �1; 2009 c.259 �19; 2013 c.196 �15]

�� 30.790 [1963 c.524 ��1,2; repealed by 1971 c.780 �7]

�� 30.792 Liability of health care provider or health clinic for volunteer services to charitable organization. (1) As used in this section:

�� (a)(A) �Charitable organization� means a charitable organization, as defined in ORS 128.620, that:

�� (i) Spends at least 65 percent of its revenues on charitable programs; and

�� (ii) Has a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization.

�� (B) �Charitable organization� does not include hospitals, intermediate care facilities or long term care facilities, as those terms are defined in ORS 442.015.

�� (b) �Health care provider� means an individual licensed in this state as a practitioner of one or more healing arts as described in ORS 31.740.

�� (c) �Health clinic� means a public health clinic or a health clinic operated by a charitable organization that provides primarily primary physical health, dental or mental health services to low-income patients without charge or using a sliding fee scale based on the income of the patient.

�� (2) Except as provided in subsection (3) of this section, a person may not maintain an action for damages against:

�� (a) A health care provider who voluntarily provides assistance, services or advice through a charitable organization if:

�� (A) The assistance, services or advice that caused the damages are within the scope of the license of the health care provider; and

�� (B) The health care provider was acting within the course and scope of the provider�s volunteer duties when the damages occurred; or

�� (b) A health clinic for the assistance, services or advice provided by a health care provider described in paragraph (a) of this subsection.

�� (3) The immunity provided in this section does not apply to:

�� (a) Any person who receives compensation other than reimbursement for expenses incurred by the person providing the assistance, services or advice described in subsection (2) of this section.

�� (b) A person operating a motor vehicle, vessel, aircraft or other vehicle for which the person or owner of the vehicle, vessel, aircraft or other vehicle is required to possess an operator�s license or to maintain insurance.

�� (c) The liability of any person for damages resulting from the person�s gross negligence or from the person�s reckless, wanton or intentional misconduct.

�� (d) Any activity for which a person is otherwise strictly liable without regard to fault. [1995 c.616 �2; 2005 c.362 �2; 2012 c.41 �1]

�� 30.794 Liability of physician or hospital arising out of care provided by direct entry midwife. (1) As used in this section:

�� (a) �Direct entry midwife� means a person practicing direct entry midwifery as defined in ORS

ORS 672.080

672.080); repealed by 1971 c.751 �39]

�� 672.083 [1959 c.336 �6; repealed by 1971 c.751 �39]

�� 672.085 [1959 c.336 �7; repealed by 1971 c.751 �39]

�� 672.087 [1959 c.336 �8; repealed by 1971 c.751 �39]

(Registration; Certificates)

�� 672.090 Issuance of certificates by board; examinations. (1) The State Board of Examiners for Engineering and Land Surveying shall issue certificates of registration as provided by ORS 672.002 to 672.325. All certificates shall be signed by the president and the administrator of the board and issued under the seal of the board. The board shall prescribe and furnish forms for applications for examinations and for certificates and permits.

�� (2) If the board administers an examination described in ORS 672.002 to 672.325, the board shall hold the examination at least yearly at times and places determined by the board. The board shall determine the scope of the examinations and the methods of procedure. Examinations for registration may be written or computer-based. [Amended by 1971 c.751 �26(2), (3); 1975 c.429 �9; 1981 c.143 �5; 1991 c.221 �1; 1997 c.210 �6; 2013 c.86 �3; 2015 c.576 �11]

�� 672.092 [1995 c.68 �6; renumbered 672.102 in 2005]

�� 672.094 [1995 c.68 �10; renumbered 672.115 in 2005]

�� 672.095 [1971 c.751 �11; 1981 c.143 �6; 2009 c.259 �7; repealed by 2015 c.576 �16]

�� 672.097 [1995 c.68 �3; renumbered 672.105 in 2005]

�� 672.098 Minimum qualifications for registration as professional engineer. As minimum evidence of qualification for registration as a professional engineer, an applicant must:

�� (1) Except as provided in ORS 672.146, provide evidence of graduation in a college or university engineering program of four years or more approved by the State Board of Examiners for Engineering and Land Surveying;

�� (2) Except as provided in ORS 672.103, pass, or provide evidence of having previously passed, a fundamentals of engineering examination approved by the board;

�� (3) Pass, or provide evidence of having previously passed, a practical engineer�s examination approved by the board;

�� (4) Have a work record of four years or more of active practice in engineering work satisfactory to the board; and

�� (5) Meet any additional requirements for registration as a professional engineer adopted by the board under ORS 672.255. [2015 c.576 �2]

�� 672.099 [1995 c.68 �7; renumbered 672.118 in 2005]

�� 672.100 [Amended by 1971 c.751 �12; 1981 c.143 �7; renumbered 672.151 in 2005]

�� 672.102 [Formerly 672.092; 2013 c.86 �4; repealed by 2015 c.576 �16]

�� 672.103 Examination waiver. The State Board of Examiners for Engineering and Land Surveying may waive the fundamentals of engineering examination requirement for an applicant for registration under ORS 672.098 if the applicant has, for at least 25 years prior to the date of the registration application, held a registration or license to practice professional engineering in another state, a territory or possession of the United States, the District of Columbia or a foreign country. [2015 c.576 �7]

�� 672.105 [Formerly 672.097; 2012 c.43 �2; 2013 c.86 �5; repealed by 2015 c.576 �16]

�� 672.107 Structural engineer registration for performing engineering services on significant structures; rules. (1) For purposes of this section:

�� (a) �Essential facility� means Risk Category IV buildings and structures, as defined in �Risk Category of Buildings and Other Structures,� Table 1604.5 of the Oregon Structural Specialty Code.

�� (b) �Hazardous facility� means structures housing, supporting or containing sufficient quantities of toxic or explosive substances to be of danger to the safety of the public if released.

�� (c)(A) �Significant structure� means:

�� (i) Hazardous facilities and special occupancy structures;

�� (ii) Essential facilities that have a ground area of more than 4,000 square feet or are more than 20 feet in height;

�� (iii) Structures that the Director of the Department of Consumer and Business Services determines to have irregular features; and

�� (iv) Buildings that are customarily occupied by human beings and are more than four stories or 45 feet above average ground level.

�� (B) �Significant structure� does not mean:

�� (i) One-family and two-family dwellings and accompanying accessory structures;

�� (ii) Agricultural buildings or equine facilities, both as defined in ORS 455.315; or

�� (iii) Buildings located on lands exempt from Department of Consumer and Business Services enforcement of building code regulations.

�� (d) �Special occupancy structure� means Risk Category III buildings and structures, as defined in �Risk Category of Buildings and Other Structures,� Table 1604.5 of the Oregon Structural Specialty Code.

�� (2) Consistent with ORS 672.255, the State Board of Examiners for Engineering and Land Surveying shall adopt rules establishing standards of competence in structural engineering analysis and design relating to seismic influence.

�� (3) An engineer may not provide engineering services for significant structures unless the engineer possesses a valid professional structural engineer certificate of registration issued by the board. [Formerly 672.129; 2021 c.360 �4]

�� 672.109 Temporary permit to practice engineering; fee. (1) Upon payment of the required fee, the State Board of Examiners for Engineering and Land Surveying may without examination issue a temporary permit to a person to practice engineering in this state for a period not to exceed six months. A temporary permit may only be issued if the person has made application for registration and, in the judgment of the board, has the other necessary qualifications for registration under ORS 672.002 to 672.325.

�� (2) A temporary permit to practice engineering may be issued only once to a person and may only be issued to a person authorized to practice engineering in another state, territory or possession of the United States, the District of Columbia or a foreign country if the standards for such authorization are equivalent to those in Oregon, as determined by the board. [Formerly 672.135]

�� 672.110 [Amended by 1971 c.751 �13; renumbered 672.159 in 2005]

�� 672.115 [Formerly 672.094; 2013 c.86 �6; repealed by 2015 c.576 �16]

�� 672.118 [Formerly 672.099; 2009 c.259 �8; 2012 c.43 �3; 2013 c.86 �7; repealed by 2015 c.576 �16]

�� 672.120 [Amended by 1959 c.336 �11; 1971 c.751 �14; renumbered 672.157 in 2005]

�� 672.121 [2013 c.86 �2; repealed by 2015 c.576 �16]

�� 672.123 [2005 c.445 �3; 2009 c.259 �9; repealed by 2015 c.576 �16]

�� 672.125 [1971 c.751 �19; 1981 c.143 �8; 1991 c.221 �2; renumbered 672.148 in 2005]

�� 672.126 Minimum qualifications for registration as professional land surveyor. As minimum evidence of qualification for registration as a professional land surveyor, an applicant must:

�� (1) Except as provided in ORS 672.146, provide evidence of graduation in a college or university land surveying or photogrammetric mapping program of four years or more approved by the State Board of Examiners for Engineering and Land Surveying;

�� (2) Pass, or provide evidence of having previously passed, a fundamentals of land surveying examination approved by the board;

�� (3) Pass, or provide evidence of having previously passed, a professional land surveying examination approved by the board;

�� (4) Pass an Oregon-specific land surveying examination approved by the board;

�� (5) Have a work record of four years or more of active practice in land surveying work satisfactory to the board; and

�� (6) Meet any additional requirements for registration as a professional land surveyor adopted by the board under ORS 672.255. [2015 c.576 �3]

�� 672.127 [2005 c.445 �5a; renumbered

ORS 672.143

672.143 in 2015]

�� 672.129 [1999 c.744 �2; 2003 c.74 �2; 2005 c.144 �1; renumbered 672.107 in 2005]

�� 672.130 [Amended by 1953 c.98 �1; repealed by 1971 c.751 �39]

�� 672.135 [1971 c.751 �18; 1997 c.41 �1; renumbered 672.109 in 2005]

�� 672.136 Minimum qualifications for registration as photogrammetrist. As minimum evidence of qualification for registration as a photogrammetrist, an applicant must:

�� (1) Except as provided in ORS 672.146, provide evidence of graduation in a college or university land surveying, photogrammetric mapping or other geomatics-based program of four years or more approved by the State Board of Examiners for Engineering and Land Surveying;

�� (2) Pass, or provide evidence of having previously passed, a fundamentals of land surveying examination approved by the board;

�� (3) Pass, or provide evidence of having previously passed, a professional photogrammetric mapping examination approved by the board;

�� (4) Have a work record of four years or more of active practice in photogrammetric mapping work satisfactory to the board; and

�� (5) Meet any additional requirements for registration as a photogrammetrist adopted by the board under ORS 672.255. [2015 c.576 �4]

�� 672.140 [Repealed by 1971 c.751 �39]

�� 672.141 [2009 c.261 �2; 2013 c.86 �8; repealed by 2015 c.576 �16]

�� 672.143 Temporary permit to practice photogrammetric mapping; fee. The State Board of Examiners for Engineering and Land Surveying may issue a temporary permit to a person to practice photogrammetric mapping in this state, without an examination, for a period not to exceed six months. The board may not issue a temporary permit to the person more than once. The board may issue the temporary permit only if the person:

�� (1) Pays the appropriate fee;

�� (2) Is an applicant for registration under ORS 672.002 to 672.325;

�� (3) Has, in the judgment of the board, met all qualifications for registration under ORS

ORS 672.420

672.420; 1977 c.620 �2; 1979 c.817 �1; 1981 c.159 �1; 1995 c.33 �3; 1997 c.210 �4]

�� 672.027 [1985 c.418 �2; repealed by 1991 c.67 �177]

�� 672.028 Practice of photogrammetric mapping without registration prohibited; seal required. (1) A person may not practice photogrammetric mapping in this state unless the person is registered and has a valid certificate to practice land surveying, engineering or photogrammetric mapping issued under ORS 672.002 to 672.325.

�� (2) A photogrammetrist shall, upon registration, obtain a seal of the design authorized by the State Board of Examiners for Engineering and Land Surveying. The registrant shall sign and stamp with the seal of the registrant each final document, including drawings, specifications, designs, reports, narratives and maps issued by the registrant. The signature and stamp of a registrant constitute a certification that the document was prepared by the registrant or under the registrant�s supervision and control.

�� (3) A photogrammetrist may perform services defined as photogrammetric mapping under ORS 672.002. A photogrammetrist may not engage or offer to engage in an act constituting the practice of land surveying other than photogrammetric mapping. [2005 c.445 �2; 2009 c.259 �3]

�� 672.030 [Amended by 1971 c.751 �9; 1979 c.681 �1; repealed by 1983 c.614 �4]

�� 672.035 [1971 c.751 �10; repealed by 1983 c.614 �4]

�� 672.040 [Amended by 1959 c.336 �13; repealed by 1971 c.751 �39]

�� 672.045 Prohibited activities relating to practices of engineering, land surveying or photogrammetric mapping. A person may not:

�� (1) Engage in the practice of engineering, land surveying or photogrammetric mapping without having a valid certificate or permit to so practice issued in accordance with ORS 672.002 to 672.325.

�� (2) Falsely represent, by any means, that the person is authorized to practice engineering, land surveying or photogrammetric mapping.

�� (3) Present or attempt to use the certificate or permit of another or the seal of another.

�� (4) Attempt to use an expired or revoked certificate or permit.

�� (5) Falsely impersonate any registrant of like or different name.

�� (6) Practice engineering, land surveying or photogrammetric mapping when not qualified.

�� (7) Buy, sell or fraudulently obtain any certificate or permit required by ORS 672.002 to

ORS 672.505

672.505 to 672.705 or a professional engineer as defined in ORS 672.002.

�� (B) If the site evaluation, preliminary assessment, confirmation of release or remedial investigation required under subparagraph (A) of this paragraph concludes that a remedial action, as defined in ORS 465.200, is required in response to the release of a hazardous substance at the brownfield, that the remedial action shall be conducted pursuant to an agreement with, an order of or a program or process authorized by the Department of Environmental Quality under ORS 465.200 to 465.455 and 465.900.

�� (C) That the owner is in compliance with any agreement, order, program or process governing the conduct of the remedial action under subparagraph (B) of this paragraph.

�� (D) That the report of the site evaluation, preliminary assessment, confirmation of release or remedial investigation required under subparagraph (A) of this paragraph, and a report prepared by a geologist or professional engineer showing that any remedial action has complied with any applicable agreement, order, program or process authorized by the department and with any other applicable state law administered by the department, have been submitted to the department.

�� (b) Notwithstanding paragraph (a) of this subsection, property is not eligible for tax incentive programs adopted pursuant to this section if, at the time an application for the property is filed under section 2, chapter 96, Oregon Laws 2016, the property is:

�� (A) Subject to assessment under ORS 308.505 to 308.681 [series became 308.505 to 308.674];

�� (B) State-appraised industrial property as defined in ORS 306.126; or

�� (C) A federal Superfund site.

�� (3)(a)(A) An ordinance or resolution adopted under this section shall specify the period, not to exceed 10 years, for which the property tax incentive program benefits may be granted.

�� (B) The ordinance or resolution may allow for an additional period, not to exceed five years, based on criteria set forth in the ordinance or resolution.

�� (b) Property may be granted a tax incentive program benefit under this section until the earlier of:

�� (A) The expiration of the period for which the property is eligible for the benefit under paragraph (a) of this subsection; or

�� (B) The date on which the dollar amount of the benefit equals the eligible costs for the property as determined under section 3, chapter 96, Oregon Laws 2016.

�� (c) If a city, county or port adopts both a special assessment and an exemption or partial exemption program, the two program benefits must be granted concurrently for any property.

�� (d) The city, county or port may adopt any other provisions relating to the property tax incentive programs that do not conflict with the requirements of sections 1 to 7, chapter 96, Oregon Laws 2016.

�� (4)(a) For any property tax year:

�� (A) Property that is granted benefits under a tax incentive program adopted pursuant to this section may be granted any other special assessment, exemption or partial exemption for which the property is eligible.

�� (B) The total amount of all special assessments, exemptions and partial exemptions granted to property may not reduce the property tax liability of the property below zero.

�� (b)(A) A city, county or port shall specify in an ordinance or resolution adopted under this section how the city, county or port intends to apply multiple property tax benefits granted to property in the circumstances authorized under paragraph (a)(A) of this subsection.

�� (B) The city, county or port shall notify the county assessor of the intended application.

�� (5)(a) The city, county or port may amend or repeal an ordinance or resolution adopted under this section at any time.

�� (b) Notwithstanding paragraph (a) of this subsection, property that is receiving a tax incentive program benefit under this section when the ordinance or resolution is amended or repealed shall continue to receive the benefit pursuant to the provisions of the ordinance or resolution in effect when the property was initially granted the benefit.

�� (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 territory of the city, county or port whose governing boards agree to the property tax incentive programs, when combined with the rate of taxation of the city, county or port that adopted the ordinance or resolution, equal 75 percent or more of the total combined rate of taxation within the territory of the city, county or port.

�� (b) If an ordinance or resolution becomes effective pursuant to paragraph (a) of this subsection, the property tax incentive programs shall be effective for the tax levies of all taxing districts in which a brownfield that is granted a property tax incentive program benefit is located. [2016 c.96 �1; 2019 c.492 �1]

�� Sec. 2. (1)(a) The owner of a brownfield seeking a property tax incentive program benefit for the brownfield or improvements and personal property on the brownfield under an ordinance or resolution adopted pursuant to section 1 of this 2016 Act must file an application, with the governing body of the city, county or port that adopted the ordinance or resolution, on or before March 15 preceding the beginning of the property tax year for which the property tax incentive program benefit is sought. A single application may be filed for brownfields 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 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 brownfield.

�� (b) Documentation showing the ownership of the property by the person filing the application.

�� (c) An affidavit signed by the owner of the brownfield under penalty of perjury affirming that the owner has not, by any acts, or omissions where there is a duty to act, caused, contributed to or exacerbated the release of a hazardous substance at the brownfield for which the eligible costs as determined under section 3 of this 2016 Act are to be incurred.

�� (d) Documentation showing that all applicable eligibility requirements have been met.

�� (e) Documentation of estimated eligible costs with respect to the brownfield prepared by the Department of Environmental Quality or by a person unrelated to the owner of the brownfield and having expertise in estimating such costs.

�� (f) An application fee, if any, required by the city, county or port.

�� (3) The application shall be reviewed by the city, county or port. Upon request, the Department of Environmental Quality may consult with the city, county or port regarding remedial action costs included in the application as eligible costs. The city, county or port may consult with the owner of the brownfield about the application, and the owner may amend the application.

�� (4)(a) If the city, county or port determines that the application does not meet the requirements of this section, the city, county or port shall promptly notify the owner of the brownfield 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 brownfield may file an application under this section for any subsequent year.

�� (b) If the city, county or port determines that the application meets the requirements of this section, the city, county or port shall promptly:

�� (A) Notify the owner of the brownfield in writing that the application is approved; and

�� (B) Notify the county assessor in writing that the application is approved and certifying the period for which the property tax incentive program benefit is granted and the estimated eligible costs with respect to the brownfield.

�� (5) The assessor of the county in which the property granted a property tax incentive program benefit 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 benefit is granted to compensate the assessor for duties imposed under sections 1 to 7 of this 2016 Act.

�� (6) The transfer of the brownfield in an arm�s-length transaction shall not disqualify the property from the property tax incentive program benefits granted to the property under the ownership of the transferor provided the transferee:

�� (a) Notifies the city, county or port and the county assessor as soon as practicable of the transfer;

�� (b) Files an affidavit described in subsection (2)(c) of this section; and

�� (c) Complies with all requirements under sections 1 to 7 of this 2016 Act. [2016 c.96 �2]

�� Sec. 3. (1) For purposes of sections 1 to 7 of this 2016 Act, eligible costs equal the discounted present value of estimated after-tax costs directly related to the remaining work necessary to remove, contain or treat the contamination of a brownfield.

�� (2) Eligible costs may include:

�� (a) Remedial action costs as defined in ORS 465.200, including costs for a site evaluation, preliminary assessment, confirmation of release or remedial investigation performed by a geologist or professional engineer without the oversight or approval of the Department of Environmental Quality.

�� (b) The costs of demolishing existing improvements on the brownfield as necessary for removal or remedial action, as those terms are defined in ORS 465.200.

�� (c) The costs of abating the release of hazardous substances within existing improvements on the brownfield.

�� (d) The costs of new improvements constructed on the brownfield for the purpose of containing hazardous substances or limiting exposure to the release of hazardous substances.

�� (e) The costs of managing, handling, removing, treating and disposing of solid waste, environmental media and building materials containing hazardous substances in the course of redeveloping the brownfield.

�� (f) The costs of environmental audits, surety bonds, insurance, engineering and legal fees and monitoring other than water monitoring.

�� (3) For purposes of section 2 (2)(e) of this 2016 Act, documentation of eligible costs may include, but is not limited to, bids, cost estimates, remediation plans, 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.

�� (4) Eligible costs shall be reduced by the amount of any state, federal or other grant moneys, tax credits, insurance proceeds or legal settlements received by the owner of the brownfield to offset eligible costs for the brownfield. [2016 c.96 �3]

�� Sec. 4. (1)(a) For the first property tax year of the period for which special assessment is certified under section 2 of this 2016 Act for land constituting a brownfield, the county assessor shall list on the assessment and tax roll a specially assessed value for the land that equals the real market value the land would have if it were not a brownfield less the eligible costs determined under section 3 of this 2016 Act and apportioned to each tax account included in the application. The specially assessed value of the land determined under this subsection shall be listed on the assessment and tax rolls for the number of years certified for the land under section 2 of this 2016 Act.

�� (b) Notwithstanding paragraph (a) of this subsection, the specially assessed value of the land may not be less than $100 for any property tax year.

�� (2)(a) For the first property tax year for which the land is specially assessed, the maximum assessed value of the land shall equal the specially assessed value of the land determined under subsection (1) of this section multiplied by the ratio, not greater than 1.00, of the average maximum assessed value divided by the average real market value, as those terms are defined in ORS 308.149.

�� (b) For each property tax year after the first property tax year for which the land is specially assessed, the maximum assessed value of the land shall equal the greater of 103 percent of the assessed value of the land from the prior year or 100 percent of the maximum assessed value of the land from the prior year.

�� (3) For each property tax year for which the land is specially assessed, the assessed value of the land shall equal the least of:

�� (a) The specially assessed value of the land as determined under subsection (1) of this section;

�� (b) The maximum assessed value of the land as determined under subsection (2) of this section; or

�� (c) The real market value of the land as of the assessment date for the tax year.

�� (4) The entitlement of land to the special assessment provisions of this section shall be determined as of July 1. If the land becomes disqualified on or after July 1, the land shall be specially assessed for the property tax year as provided in this section.

�� (5) Each year the county assessor shall add to the assessment and tax rolls of the county, with respect to land specially assessed under this section, the notation �potential additional tax.� [2016 c.96 �4]

�� Sec. 5. (1) An ordinance or resolution adopted under section 1 of this 2016 Act providing for exemption or partial exemption of improvements and personal property on a brownfield must state the percentage of the exemption to be applied to the real market value of the improvements and personal property.

�� (2) The exemption or partial exemption shall apply to new or existing property of any classification under rules established by the Department of Revenue pursuant to ORS 308.215 (1)(a)(C).

�� (3) ORS 307.032 applies to improvements and personal 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 improvements and personal property granted exemption or partial exemption under this section, the notation �potential additional tax.� [2016 c.96 �5]

�� Sec. 6. (1) Each year, on or before a date prescribed by the city, county or port that adopted the ordinance or resolution under section 1 of this 2016 Act, pursuant to which land constituting a brownfield is specially assessed, the owner of the land shall submit documentation of actual eligible costs incurred and an updated estimate of the eligible costs to the city, county or port, as applicable.

�� (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, county or port shall submit the documentation and updated estimate to the assessor of the county in which the land is located.

�� (b) Upon receipt, the county assessor shall recompute the specially assessed value and maximum assessed value of the land under section 4 of this 2016 Act, beginning with the first year for which the land was granted special assessment.

�� (c) The values as recomputed under this section shall apply to the remaining period for which the land has been granted the special assessment. 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. [2016 c.96 �6]

�� Sec. 7. (1) Property that is granted a property tax incentive program benefit pursuant to an ordinance or resolution adopted under section 1 of this 2016 Act shall continue to receive the benefit until the property is disqualified by the earliest of:

�� (a) The expiration of the period for which the benefit was certified under section 2 of this 2016 Act.

�� (b) The date on which the dollar amount of the benefit equals the eligible costs for the property as determined under section 3 of this 2016 Act.

�� (c) The discovery by the city, county or port that the owner of the brownfield has failed to:

�� (A) Comply with the eligibility requirements adopted by the city, county or port;

�� (B) Begin or make reasonable progress on remediation or redevelopment of the brownfield; or

�� (C) File any required reports.

�� (d) The discovery by the city, county or port that any statement or representation in any documentation filed pursuant to section 2 of this 2016 Act was misleading or false.

�� (2) The city, county or port may provide an owner with the opportunity to cure the grounds for disqualification under subsection (1) of this section.

�� (3) The city, county or port shall notify the county assessor of the disqualification of property from special assessment or exemption or partial exemption under this section, and upon disqualification the property shall be assessed and taxed under ORS 308.146.

�� (4) Upon disqualification of land constituting a brownfield from special assessment under subsection (1)(c) or (d) of this section, in addition to any other remedy provided by law, there shall be added to the tax extended against the land on the next assessment and tax roll, to be collected and distributed in the same manner as other property taxes, additional taxes equal to the potential additional taxes noted on the roll for the land for all years for which the land was specially assessed under section 4 of this 2016 Act.

�� (5) Upon disqualification of improvements or personal property on land constituting a brownfield from exemption or partial exemption under subsection (1)(c) or (d) of this section, there shall be added to the tax extended against the improvements or personal property on the next assessment and tax roll, to be collected and distributed in the same manner as other property taxes, additional taxes, equal to the difference between the taxes assessed against the property and the taxes that otherwise would have been assessed against the property if the property had not been granted exemption or partial exemption, for all years for which the property was granted exemption or partial exemption.

�� (6) Additional taxes collected under this section shall be deemed to have been imposed in the year to which the additional taxes relate.

�� (7) The amount of additional taxes determined to be due under this section may be paid to the tax collector prior to the completion of the next assessment and property tax roll pursuant to ORS 311.370. [2016 c.96 �7]

�� Sec. 8. (1) Sections 1 to 7, chapter 96, Oregon Laws 2016, are repealed on January 2, 2033.

�� (2) Notwithstanding subsection (1) of this section, property that has been granted a property tax incentive program benefit under sections 1 to 7, chapter 96, Oregon Laws 2016, before the date specified in subsection (1) of this section, shall continue to receive the benefit for the period of time for which the benefit was granted. [2016 c.96 �8; 2025 c.531 �1]

(Beach Lands)

�� 307.450 Certain beach lands. The land, but not the improvements to the land, within the area described by ORS 390.770 is exempt from taxation. [1969 c.601 �15; 1999 c.21 �14]

(Food Processing Equipment)

�� 307.453 Findings for food processing machinery and equipment exemption. The Legislative Assembly finds that food processing activities make significant contributions to the economy of this state and are important in supporting and maintaining a high level of agricultural diversity, upon which consistent economic performance is based. The Legislative Assembly declares that a property tax exemption for qualified real property machinery and equipment encourages continued operation and expansion of the food processing industry in this state. [2005 c.637 �2]

�� 307.455 Definitions for ORS 307.453 to 307.459; application; exemption; limitations. (1) As used in ORS 307.453 to

ORS 672.991

672.991�� Penalties

PROFESSIONAL ENGINEERS, LAND SURVEYORS AND PHOTOGRAMMETRISTS

(Generally)

�� 672.002 Definitions for ORS 672.002 to 672.325. As used in ORS 672.002 to 672.325, unless the context requires otherwise:

�� (1) �Board� means the State Board of Examiners for Engineering and Land Surveying.

�� (2) �Engineer,� �professional engineer� or �registered professional engineer� means an individual who is registered in this state and holds a valid certificate to practice engineering in this state as provided under ORS 672.002 to 672.325.

�� (3) �Engineering intern� means an individual enrolled by the board as having passed an examination in the fundamental engineering subjects.

�� (4) �Geodetic survey� means a determination of the size and shape of the earth or the position of any point on the earth.

�� (5) �Land surveyor,� �professional land surveyor� or �registered professional land surveyor� means an individual who is registered in this state and holds a valid certificate to practice surveying in this state as provided by ORS 672.002 to

ORS 674.200

674.200, must be commenced before the earlier of:

�� (a) Two years after the date on which the person commencing the action knew or should have known the facts on which the action is based; or

�� (b) Five years after the date on which the real estate appraisal activity or appraisal review on which the action is based was completed or should have been completed.

�� (2) Subsection (1)(b) of this section does not apply to an action arising out of real estate appraisal activity or appraisal review based on fraud or misrepresentation. [2017 c.143 �1; 2019 c.114 �2]

�� Note: 12.132 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 12 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 12.133 [1983 c.589 �2; repealed by 1999 c.130 �1]

�� 12.135 Action for damages from construction, alteration or repair of real property. (1) As used in this section:

�� (a) �Association of unit owners� has the meaning given that term in ORS 100.005.

�� (b) �Homeowners association� has the meaning given that term in ORS 94.550.

�� (c) �Large commercial structure,� �residential structure� and �small commercial structure� have the meanings given those terms in ORS 701.005.

�� (d) �Public body� has the meaning given that term in ORS 174.109.

�� (e) �Substantial completion� means the earliest of:

�� (A) The date when the contractee accepts in writing the construction, alteration or repair of the improvement to real property or any designated portion thereof as having reached that state of completion when it may be used or occupied for its intended purpose or, if there is no such written acceptance, the date of acceptance of the completed construction, alteration or repair of such improvement by the contractee;

�� (B) The date when a public body issues a certificate of occupancy for the improvement; or

�� (C) The date when the owner occupies the improvement or uses it for its intended purpose.

�� (2) An action against a person by a plaintiff who is not a public body, whether in contract, tort or otherwise, arising from the person having performed the construction, alteration or repair of any improvement to real property or the supervision or inspection thereof, or from the person having furnished design, planning, surveying, architectural or engineering services for the improvement, must be commenced before the earliest of:

�� (a) The applicable period of limitation otherwise established by law;

�� (b) Ten years after substantial completion or abandonment of the construction, alteration or repair of a small commercial structure or residential structure; or

�� (c) Six years after substantial completion or abandonment of the construction, alteration or repair of a large commercial structure.

�� (3) An action against a person by a public body, whether in contract, tort or otherwise, arising from the person having performed the construction, alteration or repair of any improvement to real property or the supervision or inspection thereof, or from the person having furnished design, planning, surveying, architectural or engineering services for the improvement, must be commenced not more than 10 years after substantial completion or abandonment of such construction, alteration or repair of the improvement to real property.

�� (4) Notwithstanding subsection (2) of this section, the period of limitation for a tort action by a homeowners association or association of unit owners arising from the defective construction, alteration or repair of a structure or unit is:

�� (a) Seven years after substantial completion or abandonment of the construction, alteration or repair of the structure; or

�� (b) If a construction defect described in this subsection is discovered more than six but less than seven years after substantial completion or abandonment, one year after discovery of the defect.

�� (5)(a) Notwithstanding subsections (2) and (3) of this section, an action against a person registered to practice architecture under ORS 671.010 to 671.220, a person registered to practice landscape architecture under ORS 671.310 to

ORS 674.995

674.995�� Civil penalties for violation of ORS 674.200 to 674.250

GENERAL PROVISIONS

�� 674.010 Definitions. For purposes of this chapter:

�� (1) �Appraisal Foundation� means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois.

�� (2) �Appraisal Subcommittee� means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council established pursuant to the federal Act.

�� (3) �Board� means the Appraiser Certification and Licensure Board established under ORS 674.305.

�� (4) �Federal Act� means Title XI of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. 3310 et seq.).

�� (5) �Federal financial institution regulatory agency� means:

�� (a) The Board of Governors of the Federal Reserve System;

�� (b) The Federal Deposit Insurance Corporation;

�� (c) The Office of the Comptroller of the Currency;

�� (d) The Office of Thrift Supervision; or

�� (e) The National Credit Union Administration.

�� (6) �Federally related transaction� means any real estate-related financial transaction that:

�� (a) A federal financial institution regulatory agency or the Resolution Trust Corporation engages in, contracts for or regulates; and

�� (b) Requires the services of an appraiser.

�� (7) �Financial institution� means an insured depository institution as defined in section 3 of the Federal Deposit Insurance Act or an insured credit union as defined in section 101 of the Federal Credit Union Act.

�� (8) �Mortgage banker� has the meaning given that term in ORS 86A.100.

�� (9) �Professional real estate activity� has the meaning given that term in ORS 696.010.

�� (10) �Real estate appraisal activity� means the activity described in ORS 674.100.

�� (11) �Real estate-related financial transaction� means any transaction involving:

�� (a) The sale, lease, purchase, investment in or exchange of real property, including interests in real property, or the financing thereof;

�� (b) The refinancing of real property or interests in real property; and

�� (c) The use of real property or interests in real property as security for a loan or investment, including mortgage-backed securities.

�� (12) �State certified appraiser� means an individual who has been certified as a state certified appraiser under ORS 674.310.

�� (13) �State licensed appraiser� means an individual who has been licensed as a state licensed appraiser under ORS 674.310.

�� (14) �State registered appraiser assistant� means an individual who has been registered as a state registered appraiser assistant under ORS 674.310. [1991 c.5 �2; 1993 c.465 �2; 1993 c.508 �41; 1993 c.744 �217; 2005 c.254 �1]

�� 674.020 Purposes. The purposes of this chapter are to:

�� (1) Require that all real estate appraisals be performed in accordance with uniform standards by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision.

�� (2) Conform the law of this state to the requirements of federal law.

�� (3) Ensure the availability of state certified appraisers, state licensed appraisers and state registered appraiser assistants for the performance of real estate appraisal activity, including the performance of appraisals in federally related transactions, and to ensure effective supervision of the activities of state certified appraisers, state licensed appraisers and state registered appraiser assistants. [1991 c.5 �1; 1997 c.417 �1; 2005 c.254 �2]

CERTIFICATION, LICENSURE AND REGISTRATION

�� 674.100 Persons engaged in real estate appraisal activity required to be certified, licensed or registered; exclusions; violations. (1)(a) A person may not engage in, carry on, advertise or purport to engage in or carry on real estate appraisal activity within this state without first obtaining certification, licensure or registration as provided for in ORS 674.310.

�� (b) Real estate appraisal activity is the preparation, completion and issuance of an opinion as to the value on a given date or at a given time of real property or an interest in real property, whether the activity is performed in connection with a federally related transaction or is not performed in connection with a federally related transaction. Notwithstanding any other provision of law, a state certified appraiser or a state licensed appraiser:

�� (A) Is not required to be licensed under ORS 696.022 to perform real estate appraisal activity or any other activity that constitutes the giving of an opinion as to the value of real property or an interest in real property; and

�� (B) Is not subject to regulation under ORS 696.010 to 696.495 and 696.600 to 696.995 in connection with the performance of real estate appraisal activity or the performance of any other activity that constitutes the giving of an opinion as to the value of real estate or an interest in real estate.

�� (2) Real estate appraisal activity excludes activity that is not performed in connection with a federally related transaction and that:

�� (a) Is performed by a nonlicensed regular full-time employee of a single owner of real estate, if the activity involves the real estate of the employer and is incidental to the employee�s normal, nonreal estate activities;

�� (b) Is performed by a nonlicensed regular full-time employee whose activity involves the real estate of the employer, when the activity is the employee�s principal activity, but the employer�s principal activity or business is not the appraisal of real estate;

�� (c) Is performed by an attorney at law rendering services in the performance of duties as an attorney at law;

�� (d) Is performed by a registered geologist, registered professional engineer or architect rendering services as a registered geologist, registered professional engineer or architect;

�� (e) Is performed by a certified public accountant rendering services as a certified public accountant;

�� (f) Is performed by a mortgage banker rendering services as a mortgage banker;

�� (g) Constitutes a letter opinion or a competitive market analysis as those terms are defined in ORS 696.010 that, by administrative or judicial order or subpoena, is compelled from an individual licensed to engage in professional real estate activity under ORS 696.022;

�� (h) Is performed by a salaried employee of the federal government, the State of Oregon or a political subdivision of the federal government or the State of Oregon while engaged in the performance of the duties of the employee;

�� (i) Is limited to analyzing or advising of permissible land use alternatives, environmental impact, building and use permit procedures or demographic market studies, if the performance of the activities does not involve the rendering of an opinion as to the value of the real estate in question;

�� (j) Is performed by a professional forester appraising or valuing timber, timberland or both as part of services performed as a private consultant in forest management, but only if, in the case of timberland, the appraisal or valuation is limited to the use of the land as forestland;

�� (k) Is limited to giving an opinion in an administrative or judicial proceeding regarding the value of real estate for taxation;

�� (L) Is limited to giving an opinion regarding the value of real estate by a person who is not licensed under ORS chapter 696, if the person�s business is not the appraisal, selling or listing of real estate and the activity is performed without compensation. This paragraph does not apply to a person conducting transactional negotiations on behalf of another person for transfer of an interest in real property;

�� (m) Is limited to transferring or acquiring an interest in real estate by a person who is not licensed under ORS chapter 696; or

�� (n) Is performed by a home inspector acting within the scope of a certificate or license issued under ORS chapter 701.

�� (3)(a) Real estate appraisal activity does not include an analysis, evaluation, opinion, conclusion, notation or compilation of data prepared by or for a financial institution or affiliate, a consumer finance company licensed under ORS chapter 725 or an insurance company or affiliate, made for internal use only by the financial institution or affiliate, consumer finance company or the insurance company or affiliate, concerning an interest in real estate for ownership or collateral purposes by the financial institution or affiliate, the consumer finance company licensed under ORS chapter 725 or the insurance company or affiliate. Nothing in this subsection shall be construed to excuse a financial institution or affiliate from complying with the provisions of Title XI of the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. 3310 et seq.).

�� (b) As used in this subsection, �evaluation� means a study of the nature, quality or utility of a parcel of real estate or interests in, or aspects of, real property in which a value estimate is not necessarily required.

�� (4)(a) A state licensed appraiser or state certified appraiser engaged to perform an evaluation is not engaged in real estate appraisal activity if the evaluation includes a disclaimer that:

�� (A) Is located immediately above the appraiser�s signature; and

�� (B) Includes the following language in at least 10-point boldfaced type:

�� I am a state licensed appraiser or a state certified appraiser. This evaluation was not prepared in my capacity as a real estate appraiser and might not comply with the uniform standards of professional appraisal practice.

�� (b) As used in this subsection, �evaluation� means an opinion of the market value of real property or real estate provided to a financial institution in conformance with the Interagency Appraisal and Evaluation Guidelines adopted jointly by the federal financial institutions regulatory agencies for use in real estate-related financial transactions that do not require an appraisal.

�� (5) As used in this section, �purport to engage in or carry on real estate appraisal activity� means the display of a card, sign, advertisement or other printed, engraved or written instrument bearing the person�s name in conjunction with the term �appraiser,� �licensed appraiser,� �certified appraiser,� �appraiser assistant,� �registered appraiser assistant� or �appraisal� or an oral statement or representation of certification, licensure or registration by the Appraiser Certification and Licensure Board made by a person.

�� (6) Each display or statement described in subsection (5) of this section by a person not licensed, certified or registered by the board is a separate violation under ORS 674.850 or 674.990.

�� (7) In a proceeding under ORS 674.850 or 674.990, a display or statement described in subsection (5) of this section shall be considered prima facie evidence that the person named in the display or making the statement purports to engage in or carry on real estate appraisal activity. [1991 c.5 �3; 1993 c.465 �1; 1993 c.744 �218; 1997 c.417 �2; 2001 c.196 �1; 2001 c.300 �62; 2005 c.254 �3; 2007 c.319 �33; 2019 c.127 �1]

�� 674.103 Consideration of energy efficient improvements. When preparing, completing or issuing an opinion about the value of real property or an interest in real property as described in ORS 674.100 (1)(b), a state licensed appraiser or state certified appraiser shall consider improvements made to the structure of any building located on the real property that make the building more energy efficient. [2013 c.383 �14]

�� 674.105 Authority of Appraiser Certification and Licensure Board to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Appraiser Certification and Licensure Board may require the fingerprints of a person who is applying for, or holds, a license, certificate or registration, or is applying for renewal of a license, certificate or registration, that is issued by the board, or of a person who:

�� (1)(a) Is employed or applying for employment by the board;

�� (b) Provides services or seeks to provide services to the board as a contractor, vendor or volunteer; and

�� (2) Is, or will be, working or providing services in a position:

�� (b) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

�� (c) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state; or

�� (d) 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, medical information, personal financial information or criminal background information. [2005 c.730 �59]

�� Note: 674.105 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 674 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 674.120 Nonresident certificate or license recognized; criteria. The Appraiser Certification and Licensure Board shall recognize temporarily the certificate or license of an appraiser issued by another state if:

�� (1) The appraiser�s business is of a temporary nature; and

�� (2) The appraiser registers with the board. [1991 c.5 �8; 1993 c.465 �6]

�� 674.130 Appraisal standards for federally related transactions. Notwithstanding any other provision of law, any real estate appraisal that is performed in connection with a federally related transaction shall be in writing and shall be performed and completed in accordance with the appraisal standards established by the federal financial institution regulatory agency having jurisdiction over the federally related transaction for which the appraisal is performed. In the event of any conflict between the provisions of any other law and the appraisal standards established by the federal financial institution regulatory agency having jurisdiction, the standards established by the federal financial institution regulatory agency shall prevail. [1991 c.5 �9]

�� 674.140 Grounds for discipline. The Appraiser Certification and Licensure Board may suspend or revoke the certificate, license or registration of a state certified appraiser, a state licensed appraiser or a state registered appraiser assistant, reprimand a state certified appraiser, a state licensed appraiser or a state registered appraiser assistant, require additional education of a state certified appraiser, a state licensed appraiser or a state registered appraiser assistant or deny the issuance or renewal of a certificate, license or registration to an applicant if the state certified appraiser, state licensed appraiser or state registered appraiser assistant or applicant has done any of the following:

�� (1) Knowingly or negligently pursued a continued course of material misrepresentation in matters related to real estate appraisal activity, whether or not damage or injury resulted, or knowingly or negligently made a material misrepresentation or false material promise in a matter related to real estate appraisal activity, if the material misrepresentation or material false promise created a reasonable probability of damage or injury, whether or not damage or injury actually resulted.

�� (2) Disregarded or violated a provision of ORS 674.130 or 674.150 or the federal Act or a rule adopted under ORS 674.310.

�� (3) Knowingly or negligently made, printed, distributed or in any manner published materially misleading or untruthful advertising, descriptions or promises, of such character as reasonably to induce a person to act to the damage or injury of the person, whether or not actual damage or injury resulted.

�� (4) Guaranteed, authorized or permitted a person to guarantee future profits that may result in the resale of real property.

�� (5) Failed for any reason to pay to the board the annual registry fee provided for under ORS

ORS 700.995

700.995�� Criminal penalty

GENERAL PROVISIONS

�� 700.005 Purpose. Recognizing that to regulate our environment for protection of the public�s health is not a natural right of any person but is a privilege granted by legislative authority, it is necessary in the interests of the health, safety and welfare of the people of this state to provide for the granting of that privilege and the regulation of its use, to the end that the public is protected from unauthorized or unqualified persons and from unprofessional conduct by persons registered to practice under this chapter. [1983 c.189 �13]

�� 700.010 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Board� means the Environmental Health Registration Board, established within the Health Licensing Office.

�� (2) �Certified professional soil scientist� means a person registered in good standing with the American Registry of Certified Professionals in Agronomy, Crops and Soils.

�� (3) �Environmental health� means the art and science of applying sanitary, biological and physical science principles and knowledge to improve and control the environment and factors therein for the protection of the health and welfare of the public.

�� (4) �Environmental health specialist� means a person who by education, training and experience in the sanitary, biological and physical sciences is qualified to perform duties in environmental health, including but not limited to scientific investigation and education and counseling in environmental health.

�� (5) �Environmental health specialist trainee� means a person who lacks the combination of training, education and experience required for a registered environmental health specialist, but who is engaged in meeting the requirements.

�� (6) �Registrant� means any person registered with the office under this chapter.

�� (7) �Registration� means written authorization issued under ORS 700.030 or 700.053 for the holder to perform duties in the fields of environmental health or waste water sanitation.

�� (8) �Trainee registration� means written authorization issued under ORS 700.035 or 700.062 for the holder to perform duties as an environmental health specialist trainee or as a waste water specialist trainee.

�� (9) �Waste water specialist� means a person who by education, training and experience in the sanitary, biological and physical sciences is qualified to perform duties in the field of waste water treatment, disposal and reuse where soil is used in the final stage of the treatment process.

�� (10) �Waste water specialist trainee� means a person who lacks the combination of training, education and experience required for a registered waste water specialist, but who is engaged in the process of meeting the requirements. [Amended by 1967 c.476 �1; 1971 c.650 �41; 1983 c.189 �9; 1995 c.572 �1; 1999 c.885 �34; 2003 c.547 �91; 2005 c.648 �104; 2013 c.568 �125; 2025 c.624 �12]

REGISTRATION OF SPECIALISTS AND TRAINEES

�� 700.020 Registration required. Without first complying with the provisions of this chapter, no person shall:

�� (1) Use or assume the title or any other designation or advertise a title or designation indicating that the person is an environmental health specialist or waste water specialist.

�� (2) Perform the duties of an environmental health specialist or waste water specialist.

�� (3) Append after the name of the person the title of �registered environmental health specialist� or the letters �REHS.� [Amended by 1967 c.476 �2; 1995 c.572 �7; 2003 c.547 �92]

�� 700.025 Persons not required to register. The provisions of ORS 700.020 (2) do not apply to:

�� (1) Any person teaching, lecturing or engaging in research in environmental health but only in so far as such activities are performed as part of an academic position in a college or university.

�� (2) Any person who is a sanitary engineer, public health engineer or registered professional engineer.

�� (3) Any public health officer employed pursuant to ORS 431.001 to 431.550, 431.705 to 431.760,

ORS 701.235

701.235.

�� (4) A real estate licensee, as defined in ORS 696.010, acting in the professional capacity of a licensee is not liable in a criminal, civil or administrative proceeding that arises out of the failure of an owner of record to comply with subsection (2) or (3) of this section.

�� (5) Violation of subsection (3) of this section is a Class A violation.

�� (6) In addition to any other remedy or penalty provided by law, a purchaser may bring an action to recover up to twice the amount of actual damages caused by a violation of subsection (2) of this section. The court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees. Any action brought under this subsection must be commenced not later than two years after the date on which the sale of the property is completed.

�� (7) For purposes of subsections (5) and (6) of this section and ORS 646.608:

�� (a) It is a defense to a violation of subsection (2) or (3) of this section that no enforcement or attempt to enforce a claim of lien against the property that is the subject of the sale occurred before the date the sale of the property was completed; and

�� (b) As to a claim of lien, it is a defense to a violation of subsection (2) or (3) of this section if the owner that sold the property:

�� (A) Proves that the claim of lien against the property that is the subject of the sale is invalid; or

�� (B) Satisfies the claim of lien or obtains a release from the claim of lien on the property that is the subject of the sale.

�� (8) A violation of subsection (2) or (3) of this section does not occur with respect to a lien described in ORS 87.010 during the period that the validity of the lien is disputed in a judicial proceeding or a proceeding described in ORS chapter 701.

�� (9) Nothing in this section requires the payment of a lien that is not otherwise valid. This section does not apply to claims of lien perfected by persons that furnish materials, equipment, services or labor at the request of the purchaser of the residential property. [2003 c.778 �2; 2010 c.77 �1]

�� 87.010 Construction liens; who is entitled to lien. (1) Any person performing labor upon, transporting or furnishing any material to be used in, or renting equipment used in the construction of any improvement shall have a lien upon the improvement for the labor, transportation or material furnished or equipment rented at the instance of the owner of the improvement or the construction agent of the owner.

�� (2) Any person who engages in or rents equipment for the preparation of a lot or parcel of land, or improves or rents equipment for the improvement of a street or road adjoining a lot or parcel of land at the request of the owner of the lot or parcel, shall have a lien upon the land for work done, materials furnished or equipment rented.

�� (3) A lien for rented equipment under subsection (1) or (2) of this section shall be limited to the reasonable rental value of the equipment notwithstanding the terms of the underlying rental agreement.

�� (4) Trustees of an employee benefit plan shall have a lien upon the improvement for the amount of contributions, due to labor performed on that improvement, required to be paid by agreement or otherwise into a fund of the employee benefit plan.

�� (5) An architect, landscape architect, land surveyor or registered engineer who, at the request of the owner or an agent of the owner, prepares plans, drawings or specifications that are intended for use in or to facilitate the construction of an improvement or who supervises the construction shall have a lien upon the land and structures necessary for the use of the plans, drawings or specifications so provided or supervision performed.

�� (6) A landscape architect, land surveyor or other person who prepares plans, drawings, surveys or specifications that are used for the landscaping or preparation of a lot or parcel of land or who supervises the landscaping or preparation shall have a lien upon the land for the plans, drawings, surveys or specifications used or supervision performed. [Amended by 1957 c.651 �2; 1973 c.671 �2; 1975 c.466 �3; 1977 c.596 �2; 1981 c.757 �1]

�� 87.015 Land and interests therein subject to lien; leaseholds. (1) The site together with the land that may be required for the convenient use and occupation of the improvement constructed on the site, to be determined by the court at the time of the foreclosure of the lien, shall also be subject to the liens created under ORS 87.010 (1), (4) and (5) if, at the time of the commencement of the improvement, the person who caused the improvement to be constructed was the owner of that site and land. If the person owned less than a fee-simple estate in the site and land, then only the interest of the person therein shall be subject to the lien.

�� (2) If a lien created under ORS 87.010 (1), (4) and (5) is claimed against a unit as defined in ORS 100.005, the common elements appertaining to that unit are also subject to the lien.

�� (3) When the interest of the person who caused the improvement to be constructed is a leasehold interest, and that person has forfeited the rights of the person thereto, the purchaser of the improvement and leasehold term at any sale under the provisions of ORS 87.001 to 87.060 and 87.075 to 87.093, is deemed to be the assignee of the leasehold term, and may pay the lessor all arrears of rent or other money and costs due under the lease. If the lessor regains possession of the property, or obtains judgment for the possession thereof prior to the commencement of construction of the improvement, the purchaser may remove the improvement within 30 days after the purchaser purchases it, and the owner of the land shall receive the rent due the owner, payable out of the proceeds of the sale, according to the terms of the lease, down to the time of removal. [Amended by 1975 c.466 �4; 2019 c.69 �36]

�� 87.018 Delivery of notices. (1) Except as provided in ORS 87.093, all notices required under ORS 87.001 to

ORS 703.401

703.401 to 703.490, 703.993 and 703.995 do not apply to:

�� (1) A person employed exclusively by one employer in connection with the affairs of that employer only;

�� (2) An officer or employee of the United States, or of this state, or a political subdivision of either, while the officer or employee is engaged in the performance of official duties;

�� (3) A person acting as a private security professional as defined in ORS 181A.840;

�� (4) A person who is employed full-time as a peace officer, as defined in ORS 161.015, who receives compensation for private employment as an investigator, provided that services are performed for no more than one person or one client;

�� (5) A person that provides secured transportation and protection, from one place or point to another place or point, of money, currency, coins, bullion, securities, bonds, jewelry or other valuables;

�� (6) A person that places, leases, rents or sells an animal for the purpose of protecting property, or any person that is contracted to train an animal for the purpose of protecting property;

�� (7) A person engaged in the business of obtaining and furnishing information regarding the financial rating of persons;

�� (8) An attorney admitted to practice law in this state performing the attorney�s duties as an attorney;

�� (9) A legal assistant or paralegal engaged in activity for which the person is employed by an attorney admitted to practice law in this state;

�� (10) Insurers, insurance adjusters and insurance producers licensed in this state and performing duties in connection with insurance transacted by them;

�� (11) Any secured creditor engaged in the repossession of the creditor�s collateral and any lessor engaged in the repossession of leased property in which it claims an interest;

�� (12) An employee of a cattle association who is engaged in inspection of brands of livestock under the authority granted to that cattle association by the Packers and Stockyards Division of the United States Department of Agriculture;

�� (13) Common carriers by rail engaged in interstate commerce and regulated by state and federal authorities and transporting commodities essential to the national defense or to the general welfare and safety of the community;

�� (14) Any news media and the employees thereof when engaged in obtaining information for the purpose of disseminating news to the public;

�� (15) A legal process service company attempting to serve legal process;

�� (16) A landlord or an agent of a landlord performing duties in connection with rental property transactions;

�� (17) An engineer while the engineer is performing duties as an engineer or an employee of an engineer while the employee is performing duties on behalf of an engineer. As used in this subsection, �engineer� has the meaning given that term in ORS

ORS 731.244

731.244, the director shall make rules necessary for implementation of this section. [Formerly 737.346; 2007 c.210 �1]

�� 737.602 Authorization for insurance for certain projects; premiums; qualifications. (1) As used in this section:

�� (a) �Project� means a construction project, a plant expansion or improvements within Oregon with an aggregate construction value in excess of $90 million that is to be completed within a defined period. The average construction value during the defined period of the project must be at least $18 million per year. �Project� does not mean a series of unrelated construction projects artificially aggregated to satisfy the $90 million requirement.

�� (b) �Project sponsor� means public bodies, utilities, corporations and firms undertaking to construct a project in excess of $90 million and conducting business in the State of Oregon.

�� (c) �Public body� has the meaning given the term in ORS 30.260.

�� (2) Notwithstanding ORS 279C.530, 656.126, 737.600 or 746.160, an insurer approved to transact insurance in this state, including the State Accident Insurance Fund Corporation or an insurer as defined in ORS 656.005, may issue with the prior approval of the Director of the Department of Consumer and Business Services a policy of insurance covering the project sponsor, the prime contractor under a contract for the construction of the project, any contractors or subcontractors with whom the prime contractor may enter into contracts for the purpose of fulfilling its contractual obligations in construction of the project and any other contractors engaged by a project sponsor to provide architectural or other design services, engineering services, construction management services, other consulting services relating to the design and construction of the project or any combination thereof.

�� (3) The following provisions apply to premiums under a policy of insurance described in subsection (2) of this section:

�� (a) A project sponsor or a prime contractor may not charge a premium for coverage under a policy of insurance to a contractor or subcontractor with whom the project sponsor or prime contractor enters into a contract or engages for services described in subsection (2) of this section.

�� (b) A prime contractor may not charge a project sponsor a premium for coverage under a policy of insurance other than a premium approved by the director under ORS chapter 737 prior to or at the same time as the director approves the project to which the policy applies.

�� (c) Charging a premium prohibited by this subsection constitutes the unlawful transaction of insurance in violation of ORS 731.354.

�� (4) The director, upon application of any insurer, shall approve the issuance of a policy of insurance to any grouping of the persons described in subsection (2) of this section if:

�� (a) The grouping was formed for the purpose of performing a contract or a series of related contracts for the design and construction of a project for the project sponsor;

�� (b) The project sponsor can reasonably demonstrate that the formation and operation of the grouping will substantially improve accident prevention and claims handling to the benefit of the project sponsor and the contractors and workers employed by the project sponsor on construction related projects;

�� (c) The established rating and auditing standards required by authorized advisory organizations and rating organizations are adhered to;

�� (d) The insurer for the grouping guarantees adequate protection to any other insurance producer that demonstrates that without such protection the producer will suffer losses that will constitute a threat to the continuation of the business of the producer;

�� (e) The insurer for the grouping guarantees insurance coverage of the classes of insurance issued to the grouping to any contractor who, because of participation in the group, has been unable to maintain the contractor�s normal coverage. The insurer�s obligation under this paragraph shall continue until 12 months after substantial completion of the contractor�s work;

�� (f) By permitting this grouping for a project sponsor, greater opportunities will be made available for historically underutilized businesses to bid on the project;

�� (g) The project insurers agree to provide not less than 90 days� notice to all insured parties of the cancellation or any material reduction in coverage for the project;

�� (h) The insurance coverage for the grouping contains a severability of interest clause with respect to liability claims between individuals insured under the group policy and includes contractual liability coverage that applies to the various contracts and subcontracts entered into in connection with the project; and

�� (i) The insurer places with the Department of Consumer and Business Services a special deposit of $25,000 per $100 million of construction project value, or an amount prescribed by rule of the director, whichever is greater. [1995 c.169 �2; 1999 c.196 �12; 1999 c.482 �1; 2003 c.364 �98; 2003 c.794 �326; 2007 c.241 �28]

�� Note: 737.602 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 737 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 737.604 Rules. In addition to other rulemaking authority of the Director of the Department of Consumer and Business Services, the director may make rules:

�� (1) Stating the necessary attributes that a construction project of a project sponsor and the participants in the project must have in order to qualify for the grouping permitted under ORS 737.602. The rules may include but are not limited to matters regarding an appropriate trust agreement for special deposit and adjustment of the construction project value according to an appropriate cost index; and

�� (2) Establishing a process for a state agency or local contract review board created under ORS

ORS 733.630

733.630 may be made in corporations engaged, or which will be engaged, in one or more of the following insurance or ancillary businesses:

�� (1) Any kind of insurance business authorized by the jurisdiction in which it is incorporated.

�� (2) Any kind of business primarily related to the insurance business carried on by the parent.

�� (3) Acting as an insurance producer for its parent or for any of its parent�s insurer subsidiaries or intermediate insurer subsidiaries.

�� (4) Investing, reinvesting or trading in securities for its own account, that of its parent, any subsidiary of its parent, or any affiliate or subsidiary.

�� (5) Management of any investment company subject to or registered pursuant to the Federal Investment Company Act of 1940, as amended, including related sales and services.

�� (6) Acting as a broker-dealer subject to or registered pursuant to the Securities Exchange Act of 1934, as amended.

�� (7) Rendering investment advice to governments, government agencies, corporations or other organizations or groups.

�� (8) Rendering other services related to the operations of an insurance business including, but not limited to, actuarial, loss prevention, safety engineering, data processing, accounting, claims, appraisal and collection services.

�� (9) Ownership and management of assets or property which the parent could itself own and manage.

�� (10) Acting as administrative agent for a government instrumentality which is performing an insurance function.

�� (11) Financing of insurance premiums.

�� (12) Owning a corporation or corporations engaged or organized to engage exclusively in one or more of the businesses specified in subsections (1) to (11) of this section. [1969 c.285 �3; 2003 c.364 �84]

�� 733.640 Lending funds; limitations on loans. (1) Funds of an insurer may be invested in loans secured by pledges of obligations and stocks eligible for investment under ORS 733.510 to 733.780. As of the date the loan is made, it shall not exceed in amount 80 percent of the market value of the collateral pledged. No such loan shall be made for the purpose of providing funds to purchase or carry stocks registered on a national securities exchange.

�� (2) Funds of an insurer may be invested in loans secured by personal property or fixtures if such loan is:

�� (a) In connection with a loan on the security of real property or a leasehold as provided in ORS

ORS 743.006

743.006; 2001 c.943 �7; 2015 c.88 �4]

�� 742.004 Exemptions from requirement to file rates and policy forms; application to consumer insurance; sample disclosure notice; rules. (1) Notwithstanding provisions of the Insurance Code that require insurers to file rates and policy forms with the Director of the Department of Consumer and Business Services, and except as provided in subsections (3), (4) and (5) of this section, an insurer is exempt from the requirement to file with the director rates or policy forms for the classes of insurance specified in subsection (2) of this section.

�� (2)(a) The following classes of insurance are subject to the exemption described in subsection (1) of this section:

�� (A) Surety insurance;

�� (B) Wet marine and transportation insurance;

�� (C) Boiler and machinery insurance;

�� (D) Environmental impairment and pollution insurance;

�� (E) Kidnap and ransom insurance;

�� (F) Political risk or expropriation insurance;

�� (G) Insurance for property with these characteristics:

�� (i) The owner or property manager demonstrates a willingness and determination to reduce the probability of a loss;

�� (ii) The owner or property manager conducts periodic and thorough specialized inspections and engineering for the purpose of preventing or minimizing loss;

�� (iii) The property has an insurable value sufficient for an insurer to charge a premium in an amount that warrants providing specialized inspection and engineering services;

�� (iv) The property has a structural design and degree of protection that, in combination with specialized inspection and engineering services, has the effect of reducing the need for or importance of publicly provided fire protection;

�� (v) The property�s construction uses fire resistant or incombustible heavy timber or similar materials that are well preserved and in good repair;

�� (vi) The property has fire protection or loss prevention equipment in all areas in which fire prevention or loss protection is necessary;

�� (vii) The owner or property manager provides security and alarm service or equivalent security services or equipment where necessary; and

�� (viii) Sufficient numbers of hydrants, hoses and equipment, an adequate water supply and other components of a private or publicly provided fire protection system exist to protect the property�s exterior; and

�� (H) Commercial lines insurance that the director exempts, other than coverage specified in subsection (4) of this section, for large commercial policyholders that pay an annual aggregate premium threshold amount or that meet other requirements the director specifies.

�� (b) An exemption for the classes of insurance described in paragraph (a) of this subsection applies whether the insurer provides the insurance as a stand-alone policy, as an endorsement or as part of other insurance coverage.

�� (3) Notwithstanding provisions of the Insurance Code that require insurers to file rates and policy forms with the director, and except as provided in subsections (4) and (5) of this section, the director by rule may exempt or amend the rate and form filing requirements for any commercial line of insurance if the director determines that:

�� (a) The requirement is not desirable or is not necessary to protect the public; and

�� (b) An exemption or amendment would enhance competition.

�� (4) The following classes of insurance are not exempt under subsection (1) of this section:

�� (a) Workers� compensation insurance;

�� (b) Medical malpractice liability insurance;

�� (c) Commercial automobile liability insurance;

�� (d) Coverage that an insurer issues under an assigned risk plan or through a residual market pool or residual market facility; and

�� (e) Insurance for a project, as defined in ORS 737.602.

�� (5) This section does not apply to any class or line of insurance that an insurer transacts with a consumer, as defined in ORS 746.600.

�� (6)(a) The director may publish a sample disclosure notice that an insurer may issue without needing to file the disclosure with the director for review or approval if the insurer issues the disclosure together with an insurance policy that is a claims-made insurance policy or a liability insurance policy that includes defense costs within the limits of liability.

�� (b) An insurer need not use the sample disclosure notice described in paragraph (a) of this subsection. An insurer that does not use the sample disclosure notice shall file the insurer�s proposed notice with the director for review and approval. If the director approves the insurer�s proposed notice, the insurer may issue the notice with all of the insurer�s claims-made insurance policies or policies that include defense costs within the limits of liability without submitting the notice to the director for further review or approval.

�� (7) The director may adopt rules to implement this section. [2017 c.492 �2]

�� Note: 742.004 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 742.005 Grounds for disapproval of policy forms. The Director of the Department of Consumer and Business Services shall disapprove any form requiring the director�s approval:

�� (1) If the director finds it does not comply with the law;

�� (2) If the director finds it contains any provision, including statement of premium, or has any label, description of its contents, title, heading, backing or other indication of its provisions, which is unintelligible, uncertain, ambiguous or abstruse, or likely to mislead a person to whom the policy is offered, delivered or issued;

�� (3) If, in the director�s judgment, its use would be prejudicial to the interests of the insurer�s policyholders;

�� (4) If the director finds it contains provisions which are unjust, unfair or inequitable;

�� (5) If the director finds sales presentation material disapproved by the director pursuant to ORS 742.009 is being used with respect to the form; or

�� (6) If, with respect to any of the following forms, the director finds the benefits provided therein are not reasonable in relation to the premium charged:

�� (a) Individual health insurance policy forms, including benefit certificates issued by fraternal benefit societies and individual policies issued by health care service contractors, but excluding policies referred to in ORS 743.402 as exempt from the application of ORS 743.405 to 743.498 and 743A.160;

�� (b) Small employer group health benefit plan forms for small employers as that term is defined in ORS 743B.005, including small employer group policies issued by health care service contractors; or

�� (c) Credit life and credit health insurance forms subject to ORS 743.371 to 743.380. [Formerly

ORS 756.990

756.990�� Penalties

GENERAL PROVISIONS

�� 756.010 Definitions. As used in ORS chapters 756, 757, 758 and 759, except as otherwise specifically provided or unless the context requires otherwise:

�� (1) �Commission� means the Public Utility Commission of Oregon.

�� (2) �Commissioner� means a member of the Public Utility Commission of Oregon.

�� (3) �Customer� includes the patrons, passengers, shippers, subscribers, users of the service and consumers of the product of a public utility or telecommunications utility.

�� (4) �Environmental justice� means equal protection from environmental and health hazards and meaningful public participation in decisions that affect the environment in which people live, work, learn, practice spirituality and play.

�� (5) �Environmental justice communities� includes communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including but not limited to seniors, youth and persons with disabilities.

�� (6) �Municipality� means any city, municipal corporation or quasi-municipal corporation.

�� (7) �Person� includes individuals, joint ventures, partnerships, corporations and associations or their officers, employees, agents, lessees, assignees, trustees or receivers.

�� (8) �Public utility� has the meaning given that term in ORS 757.005.

�� (9) �Rate� means any fare, charge, joint rate, schedule or groups of rates or other remuneration or compensation for service.

�� (10) �Service� is used in its broadest and most inclusive sense and includes equipment and facilities related to providing the service or the product served.

�� (11) �Telecommunications utility� has the meaning given that term in ORS 759.005. [Amended by 1971 c.655 �2; 1973 c.776 �14; 1977 c.337 �1; 1985 c.834 �6; 1987 c.447 �75; 1991 c.841 �1; 1995 c.733 �52; 2021 c.90 �1]

COMMISSION POWERS AND DUTIES

(Generally)

�� 756.014 Public Utility Commission; appointment; confirmation; term; removal. (1) There is created the Public Utility Commission of Oregon. The commission shall be composed of three members appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution. No more than two of such members shall be of the same political party.

�� (2) Each commissioner shall hold office for the term of four years. A commissioner shall hold office until a successor has been appointed and qualified. The chairperson shall be designated by the Governor and shall serve as chairperson at the pleasure of the Governor.

�� (3) Any vacancy occurring in the office of commissioner shall be filled by appointment by the Governor to hold office for the balance of the unexpired term.

�� (4) The Governor may at any time remove a commissioner for any cause deemed by the Governor sufficient. Before such removal the Governor shall give the commissioner a copy of the charges, and shall fix a time when the commissioner can be heard, which shall not be less than 10 days thereafter. The hearing shall be open to the public. If the commissioner is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the commissioner, and the findings thereon with a record of the proceedings. Such power of removal is absolute, and there is no right of review of the same in any court. [1985 c.834 �2; 1999 c.1102 �1]

�� 756.016 Quorum; seal; individual commissioner authorized to act for commission. (1) A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the Public Utility Commission.

�� (2) The commission shall have a seal with the words �Public Utility Commission of Oregon� and such other design as the commission may prescribe engraved thereon, by which the proceedings of the commission shall be authenticated and of which the courts shall take judicial notice.

�� (3) Any investigation, inquiry or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner designated by order of the commission. Except as provided in ORS 756.055, all investigations, inquiries and hearings so held shall be conducted as though by the full commission with such commissioner empowered to exercise all the powers of the commission with respect thereto. [1985 c.834 ��3,4,5]

�� 756.020 [Amended by 1973 c.792 �48; 1983 c.540 �1; repealed by 1985 c.834 �12]

�� 756.022 Oath of office. Before entering upon the duties of office, each commissioner shall take and subscribe to an oath or affirmation to support the Constitution of the United States and of this state, and to faithfully and honestly discharge the duties of office. The oath shall be filed with the Secretary of State. [1971 c.655 �3; 1985 c.834 �7]

�� 756.026 Prohibited interests of commissioner and family. (1) No member of the Public Utility Commission shall:

�� (a) Hold any other office of profit;

�� (b) Hold any office or position under any political committee or party;

�� (c) Hold any pecuniary interest in any business entity conducting operations which if conducted in this state would be subject to the commission�s regulatory jurisdiction; or

�� (d) Hold any pecuniary interest in, have any contract of employment with, or have any substantial voluntary transactions with any business or activity subject to the commission�s regulatory jurisdiction.

�� (2) The prohibitions of subsection (1)(c) and (d) of this section apply to the spouse and minor children of each commissioner.

�� (3) If the Governor determines that any commissioner has done any act prohibited by subsection (1) of this section, or that a commissioner�s spouse or a minor child has done any act prohibited by subsection (2) of this section, the Governor shall remove the commissioner in the manner provided in ORS 756.014 (4).

�� (4) Subsection (3) of this section does not apply to a commissioner if the commissioner or the commissioner�s spouse or a minor child acquires any pecuniary interest prohibited by subsection (1) or (2) of this section, advises the Governor of such acquisition, and causes divestiture of such interest within the time specified by the Governor.

�� (5) For purposes of subsection (1) of this section, a business or activity shall not be considered subject to the commission�s regulatory jurisdiction solely because the business or activity is a private carrier as defined by ORS 825.005. [1971 c.655 �4; 1985 c.834 �8; 1987 c.123 �1; 1995 c.306 �41]

�� 756.028 Employee statements regarding prohibited interests. Each employee of the Public Utility Commission shall file with the commission a statement regarding holdings of the employee and the holdings of the employee�s spouse and minor children of any pecuniary interest in any business or activity subject to the commission�s regulatory jurisdiction. Supplementary statements shall be filed as such pecuniary interests are acquired or divested. The statements shall be in such form as the commission prescribes. If the commission determines that an employee or spouse or minor child of the employee holds any such pecuniary interest that may interfere with the impartial discharge of the employee�s duties, the commission shall order divestiture of the interest. [1971 c.655 �5]

�� 756.030 [Repealed by 1971 c.655 �250]

�� 756.032 Employee dismissal for retention of prohibited interests or failure to file statements. (1) The Public Utility Commission shall dismiss an employee:

�� (a) Who fails to file the statement required by ORS 756.028 before the 11th day after the date of employment.

�� (b) Who fails to file the supplementary statement required by ORS 756.028 before the 11th day after the acquisition of a pecuniary interest.

�� (c) Who fails to cause divestiture of a pecuniary interest within the time specified in an order issued pursuant to ORS 756.028.

�� (2) Dismissal of an employee under subsection (1) of this section is subject to the procedure and appeal provided in ORS 240.555, 240.560 and 240.570. An employee so dismissed is eligible for reemployment. [1971 c.655 �6; 1979 c.468 �34; 2003 c.14 �452; 2014 c.22 �2]

�� 756.034 Intent of prohibited interest provisions. Nothing in ORS 756.022 to 756.032 is intended to authorize any act otherwise prohibited by law. [1971 c.655 �7]

�� 756.036 Duties and functions. (1) The Public Utility Commission may:

�� (a) Organize and reorganize the office of the Public Utility Commission in the manner that it considers necessary to properly discharge the responsibilities of the Public Utility Commission.

�� (b) Contract for or procure on a fee or part-time basis, or both, such experts, technical or other professional services as it may require for the discharge of its duties.

�� (c) Obtain such other services as it considers necessary or desirable.

�� (d) Participate in organizations of regional and national utility commissions.

�� (e) Appoint advisory committees. A member of an advisory committee so appointed shall receive no compensation for services as a member. Subject to any applicable law regulating travel and other expenses of state officers and employees, the member shall receive actual and necessary travel and other expenses incurred in the performance of official duties.

�� (2) Subject to any applicable law regulating travel and other expenses of state officers and employees, the commissioners and the officers and employees of the commission shall be reimbursed for such reasonable and necessary travel and other expenses incurred in the performance of their official duties.

�� (3) The chairperson of the commission appointed under ORS 756.014 shall serve as the administrative head of the commission and has the power to:

�� (a) With the consent of one or more of the other members of the commission, appoint and employ all subordinate officers and employees, including, but not limited to, deputies, assistants, engineers, examiners, accountants, auditors, inspectors and clerical personnel, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law.

�� (b) Prescribe internal policies and procedures for the government of the commission, 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. [1971 c.655 �8; 1985 c.834 �9; 1999 c.1102 �2; 2003 c.14 �453]

�� 756.037 Commission authority to provide assistance, information, resources and advice to Legislative Assembly. The Public Utility Commission and commission staff may provide such assistance to the Legislative Assembly and its committees as required by the Legislative Assembly for the performance of its duties, and may furnish to the Legislative Assembly and its committees such information, resources and advice as the members of the Legislative Assembly consider necessary for the performance of legislative duties. [2001 c.558 �2]

�� 756.040 General powers. (1) In addition to the powers and duties now or hereafter transferred to or vested in the Public Utility Commission, the commission shall represent the customers of any public utility or telecommunications utility and the public generally in all controversies respecting rates, valuations, service and all matters of which the commission has jurisdiction. In respect thereof the commission shall make use of the jurisdiction and powers of the office to protect such customers, and the public generally, from unjust and unreasonable exactions and practices and to obtain for them adequate service at fair and reasonable rates. The commission shall balance the interests of the utility investor and the consumer in establishing fair and reasonable rates. Rates are fair and reasonable for the purposes of this subsection if the rates provide adequate revenue both for operating expenses of the public utility or telecommunications utility and for capital costs of the utility, with a return to the equity holder that is:

�� (a) Commensurate with the return on investments in other enterprises having corresponding risks; and

�� (b) Sufficient to ensure confidence in the financial integrity of the utility, allowing the utility to maintain its credit and attract capital.

�� (2) The commission is vested with power and jurisdiction to supervise and regulate every public utility and telecommunications utility in this state, and to do all things necessary and convenient in the exercise of such power and jurisdiction.

�� (3) The commission may participate in any proceeding before any public officer, commission or body of the United States or any state for the purpose of representing the public generally and the customers of the services of any public utility or telecommunications utility operating or providing service to or within this state.

�� (4) The commission may make joint investigations, hold joint hearings within or without this state and issue concurrent orders in conjunction or concurrence with any official, board, commission or agency of any state or of the United States. [Amended by 1961 c.467 �1; 1971 c.655 �9; 1973 c.776 �15; 1987 c.447 �76; 1995 c.733 �53; 2001 c.569 �1]

�� 756.045 Employing legal counsel. Upon request by the Public Utility Commission, the Attorney General shall furnish to the commission such attorneys as the commission finds necessary. [Formerly

ORS 757.005

757.005; and

�� (b) The power to furnish water for domestic, industrial and municipal uses under this section shall not be exercised in such a manner as to impair the service of the district in furnishing water for its inhabitants. [1969 c.606 �21; 2003 c.802 �137]

�� 552.325 Water charges; use of revenues; collection and enforcement. (1) The district board shall fix charges for water furnished for domestic, industrial and municipal purposes so that the water system is self-sustaining. All indebtedness incurred in the acquisition, construction, maintenance, operation and disposition of the system shall be paid from the revenue collected and from the proceeds of the disposition of the whole or any part of the water system. The district board may establish rates or charges to be paid by each person whose premises are served. The rates or charges may be fixed and classified according to the type of use and according to the amount of water used, and according to whether the property serviced lies within or without the boundaries of the district.

�� (2) The district shall establish and maintain separate accounts covering the acquisition, construction, reconstruction, maintenance, operation and disposition of the domestic, industrial and municipal water system.

�� (3) The district board may contract with any other district or with a city to collect water charges for the district within the other district or city and the district may pay a reasonable charge for such services.

�� (4) Water charges may also be collected and enforced as provided by ORS 454.225. [1969 c.606 �22; 1983 c.740 �216a]

�� 552.330 Water user regulations; enforcement; notice. A district may adopt and promulgate regulations concerning the use of water of the district. The district board may refuse to supply any building, place or premises with water when the user fails after five days� written notice to comply with the regulations of the district. The written notice shall be by first-class mail or shall be posted in some conspicuous place on the building, place or premises to which the supply of water may be shut off. When the notice is mailed, it shall be considered given when it is deposited in the United States Post Office properly addressed with postage prepaid. [1969 c.606 �26; 1991 c.250 �2]

�� 552.340 [1969 c.606 �28; repealed by 1987 c.185 �7]

�� 552.345 User regulations; fees for use of facilities. A district shall have power:

�� (1) To make and enforce regulations governing the conduct of the users of the recreational facilities of the district.

�� (2) To prohibit any person violating any regulation from thereafter using the facilities of the district for such period as the board may determine.

�� (3) To establish and collect reasonable charges for the use of the facilities of the district and issue appropriate evidence of the payment of such charges. [1969 c.606 �29(1)]

�� 552.350 Cooperation with the United States; water quality supervision subject to state authority. (1) A district has the power:

�� (a) To cooperate with the United States in the manner provided by Congress for flood control, reclamation, conservation and allied purposes, such as recreation, in protecting the inhabitants, the land and other property within the district from the effects of a surplus or a deficiency of water when the cooperation of the district is beneficial to the public health, welfare, safety and utility.

�� (b) To have general control and supervision over bodies of water which are owned or maintained, or which have been improved, by the district, insofar as the quality of water may affect the public health, welfare, safety and utility of the bodies of water.

�� (2) In carrying out the authority granted by subsection (1)(b) of this section, the district may prevent any person including any elected or appointed officer, employee or person under the control of a city, county or district, from depositing directly or indirectly in any such bodies of water, any rubbish, filth or poisonous or deleterious substance liable to affect the health of persons, fish or livestock. However, the authority granted by this subsection shall not be exercised unless the Environmental Quality Commission, after study and determination of a specific request of the district, certifies to the district that the quality of a body of water under the jurisdiction of the district is injurious to the health of persons, fish or livestock. [1969 c.606 �30]

�� 552.403 Watershed improvement plans; cooperation with Water Resources Commission. (1) A district shall, within a reasonable time after formation, prepare broad, general plans of watershed improvement. The plan may be prepared in cooperation with the Water Resources Commission and shall conform to the state water resources policy declared by ORS 536.220.

�� (2) The plan also shall show existing and proposed works of the district and of other public and private agencies relating to water use and control. It shall demonstrate a basis for the coordination and planning of future works of the district, governmental agencies and private interests to assure the maximum beneficial use and conservation of the water resources of the district. The projects and improvement plans shall be based on the inventory of water, needs of the district related to natural resources, and plans and programs, if any, developed by the Water Resources Commission. The district may have access to all information, statistics, plans and data in the possession of or available to any state agency or public corporation which is pertinent to the preparation of the plan and may reimburse the agency or corporation for any expense incurred in cooperating with the board.

�� (3) After approval by the district board, the plan of the district including the plan for financing any existing or proposed works may be submitted to the Water Resources Commission for recommendations.

�� (4) The district board shall make revisions found necessary for the proper control, utilization, conservation, development and improvement of the water resources of the district, and for the protection and enhancement of the quality of such water resources. [1969 c.606 �31]

�� 552.405 [Repealed by 1969 c.168 �1]

�� 552.408 District projects; engineering plans. Construction of district works may be undertaken on motion of the district board or when landowners of the district request the district board to do so. Upon initiation of a construction project, the district board shall obtain engineering plans for the project. [1969 c.606 �33; 1987 c.185 �4; 1989 c.182 �45]

�� 552.410 [Repealed by 1969 c.168 �1]

�� 552.413 Engineering plans prepared by other agencies. In lieu of obtaining engineering plans as provided by ORS 552.408, the district board may adopt as an engineering plan, any plans meeting the requirements of this chapter made by an agency of the federal government or the state, or proposed as project work plans by a soil and water conservation district in which lands within the water improvement district are located. [1969 c.606 �34; 1989 c.182 �46]

�� 552.415 [Repealed by 1969 c.168 �1]

�� 552.418 Notice of engineering plan; hearing; objections of landowners; approval or disapproval of plan. (1) Upon completion or adoption of the engineering plan, the district board shall cause notice to be given to the landowners that the plan, including the general report, may be inspected at the district office. The notice may be given by mail or by publication as the board determines.

�� (2) The notice shall fix a time and place for a hearing before the district board of all objections to the plan. The hearing shall be held not less than 20 nor more than 30 days after the date of mailing, or the date of the last publication, of the notice. At the hearing the board may make changes in the plan as necessary in the light of objections or suggestions made by persons appearing at the hearing. After the hearing the board shall approve the plan as proposed, corrected or changed, by adopting an order of approval. However, if the owners of more than 50 percent of the acreage within the district, within 30 days after the date of the order approving the plan, file written objections to the order with the secretary of the district, no further action shall be taken under the order and the plan shall be considered disapproved by the district board and rejected by the landowners. When an engineering plan is rejected by the landowners, the board may obtain a new engineering plan and present it to the landowners as provided by this section. [1969 c.606 �35; 1989 c.182 �47]

�� 552.420 [Repealed by 1969 c.168 �1]

�� 552.423 Advertising for bids on construction contract. After the approval of the engineering plan as provided by ORS 552.418 and before beginning the construction of any works, the district board shall give notice, by publication and otherwise, as it may consider advisable, calling for bids for the construction of such works, or any portion thereof. [1969 c.606 �36; 1989 c.182 �48]

�� 552.425 [Repealed by 1969 c.168 �1]

�� 552.428 Letting construction contract; contractor�s bond or letter of credit. After advertising for bids, the board shall let a contract for construction of the whole or any part of the project to the lowest responsible bidder; or the board may reject any or all bids and readvertise; or it may construct the project under its own superintendence. Good and sufficient bond, or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 running in favor of the district, shall be required of each contractor, conditioned that the contractor will well and truly comply with all the provisions of the contract and perform all work in accordance with the terms thereof. [1969 c.606 �37; 1991 c.331 �81; 1997 c.631 �491]

�� 552.433 Chief engineer of district to superintend work. If the district has a chief engineer, the chief engineer shall be superintendent of all the works and improvements and shall, whenever required, and at least once each year, make a full report to the district board of all work done and improvements. The chief engineer shall make such suggestions and recommendations to the board as the chief engineer considers proper. [1969 c.606 �38]

�� 552.438 Construction on public land or right of way, or along watercourse. (1) A district may construct works across or along any street or public highway, or over any lands which are property of this state, or any subdivision thereof. A district may construct its work across and along any stream of water or watercourse.

�� (2) Any works across or along any highway, road or street shall be constructed only with the permission of the Department of Transportation, the county board or the city governing body having jurisdiction of the highway, road or street. The district shall restore any highway, road or street to its former state as near as may be and shall not use the right of way in a manner unnecessarily to impair its usefulness. [1969 c.606 �39]

�� 552.505 [Repealed by 1969 c.168 �1]

�� 552.510 [Repealed by 1969 c.168 �1]

�� 552.515 [Repealed by 1969 c.168 �1]

DISTRICT FINANCES

�� 552.603 Financing construction, operation or maintenance of district works. The district board may, in accordance with the order approving an engineering plan adopted under ORS

ORS 757.355

757.355, 757.400 to 757.463, 757.485, 757.490, 757.495 and 757.500.

�� (2) Except as provided in this section, water utilities are not subject to regulation under this chapter or required to pay the fee provided for in ORS 756.310.

�� (3) The following utilities are subject to rate regulation and must pay the fee provided for in ORS 756.310:

�� (a) A water utility that serves 500 or more customers.

�� (b) A water utility that serves fewer than 500 customers, if the water utility also provides wastewater services to the public inside the boundaries of a city.

�� (c) A water utility that serves fewer than 500 customers, if the Public Utility Commission grants a petition from the water utility requesting that the water utility be subject to rate regulation.

�� (d) A water utility that satisfies all of the following conditions:

�� (A) The water utility serves fewer than 500 customers;

�� (B) The water utility proposes to charge a rate for water service that exceeds the maximum rates established by the commission under subsection (5) of this section; and

�� (C) Twenty percent or more of the customers of the water utility file a petition with the commission requesting that the water utility be subject to rate regulation.

�� (4) The following utilities are subject to service regulation and must pay the fee provided for in ORS 756.310:

�� (a) A water utility that serves fewer than 500 customers and that is found by the commission, pursuant to an investigation under ORS 756.515, to have provided inadequate or discriminatory service at any time.

�� (b) A water utility that serves fewer than 500 customers and that at any time charges an average annual residential rate of $24 per month or more.

�� (5)(a) The commission shall adopt rules establishing maximum rates for water utilities serving fewer than 500 customers for the purpose of determining whether a petition may be filed under subsection (3)(d)(C) of this section.

�� (b) To encourage metered water systems for water utilities serving fewer than 500 customers, the commission shall establish a higher maximum rate for water utilities with metered water systems than for water utilities with unmetered systems.

�� (6) Not less than 60 days before a water utility that serves fewer than 500 customers increases any rate to exceed any maximum rate prescribed under subsection (5) of this section, the water utility shall provide written notice to all of its customers advising the customers of their right to file a petition under subsection (3)(d)(C) of this section. The commission shall adopt rules prescribing the content of the written notice. [1989 c.403 �2; 1999 c.330 �1; 2003 c.82 �1; 2009 c.429 �1; 2011 c.76 �1; 2013 c.96 �4]

�� 757.063 Regulation of associations furnishing water upon petition. (1) Any association of individuals that furnishes water to members of the association is subject to regulation in the same manner as provided by this chapter for public utilities, and must pay the fee provided for in ORS 756.310, if 20 percent or more of the members of the association file a petition with the Public Utility Commission requesting that the association be subject to such regulation.

�� (2) The provisions of this section apply to an association of individuals even if the association does not furnish water directly to or for the public. The provisions of this section do not apply to any cooperative formed under ORS chapter 62 or to any public body as defined by ORS 174.109. [2003 c.82 �3]

�� 757.065 [Renumbered 756.370]

�� 757.066 Ordered sale of water utility; violation of standards affecting safe and adequate service; notice; alternatives to sale. (1) As used in this section:

�� (a) �Incumbent water utility� means an existing water utility that may be sold to another water utility or other entity.

�� (b) �Safe and adequate service� includes the ability of a water utility or other entity to provide to its customers potable water at sufficient volume and pressure.

�� (c) �Water utility� means a public utility, as defined in ORS 757.005, that provides water service.

�� (2) The Public Utility Commission may order the sale of an incumbent water utility if the commission determines, following notice and a contested case under ORS chapter 183, that:

�� (a) The incumbent water utility is in violation of statutory or regulatory standards and the violation affects the safety and adequacy of the service provided by the incumbent water utility;

�� (b) The incumbent water utility has failed to comply, within a reasonable period of time, with an order from the commission concerning the safety and adequacy of the service provided by the incumbent water utility;

�� (c) The incumbent water utility cannot reasonably be expected to furnish and maintain safe and adequate service;

�� (d) Continued operation of service or the water system by the incumbent water utility may create an unreasonable risk to public health or safety by reason of contamination, dilapidated structures, improper or insufficient water or sanitary facilities or any combination of these factors; and

�� (e) Alternative actions to a sale as described under subsection (5) of this section have been considered and the alternative actions are impractical or economically infeasible.

�� (3) If the commission orders the sale of an incumbent water utility under this section, the commission shall establish a process for the sale of the incumbent water utility. The price of the sale shall be determined by agreement between the incumbent water utility and acquiring entity.

�� (4) Prior to opening a contested case to determine whether to order the sale of an incumbent water utility, the commission shall provide a written notice to the incumbent water utility. The notice must:

�� (a) Specify the commission�s intent to open a contested case;

�� (b) Identify the specific reasons and basis for the commission�s intent to open the contested case; and

�� (c) Provide the incumbent water utility reasonable opportunity to take alternative actions to the sale, as described under subsection (5) of this section, that the commission finds acceptable.

�� (5) Alternative actions to a sale that may be taken include:

�� (a) The repair, replacement or remedy of all conditions identified as the reasons or basis for the commission�s intent to open a contested case in the notice provided under subsection (4) of this section;

�� (b) Reorganization of the incumbent water utility under new management;

�� (c) Entering into a contract with another water utility or a management or service company to operate the incumbent water utility;

�� (d) Appointment of an independent administrator to oversee and ensure the provision of safe and adequate service by the incumbent water utility;

�� (e) A merger of the incumbent water utility with one or more other water utilities; or

�� (f) Acquisition of the incumbent water utility by a municipality, municipal utility, cooperative association or people�s utility district.

�� (6)(a) If an incumbent water utility receives a notice under subsection (4) of this section and files an application under ORS 757.480 for the sale, lease, assignment, mortgage, disposition, encumbrance, merger or consolidation of property of the incumbent water utility, the commission shall set the incumbent water utility�s rate base at no lower than the net book value of the incumbent water utility and no higher than the acquiring entity�s offered purchased price of the incumbent water utility. To determine the value of the incumbent water utility�s rate base, the commission shall consider the merits of the acquiring entity�s application filed under ORS 757.480 based on the benefit to the incumbent water utility�s customers and the public interest.

�� (b) For the purposes of later recovery in rates, an acquiring entity�s transaction costs associated with the acquisition of an incumbent water utility shall be deferred at the incumbent water utility�s weighted average cost of capital. Transaction costs include environmental, engineering and financial due diligence costs, legal costs, financing costs and other costs associated with regulatory approval of the transaction.

�� (7) When carrying out the provisions of this section, the commission may appoint an independent administrator to represent or protect the interests of the customers of an incumbent water utility. An order appointing an independent administrator must specify the duties and responsibilities of the independent administrator. [2025 c.233 �1]

�� Note: 757.066 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.

�� 757.068 Use of fees to make emergency repairs to water service plants; order to make emergency repairs. (1) In each biennium the Public Utility Commission may use not more than $100,000 of the fees collected under ORS 756.310 to make emergency repairs to the plants of public utilities providing water service. The commission may expend moneys under the provisions of this section only if the commission determines that:

�� (a) Customers of the utility are without service and are likely to remain without service for an unreasonable period of time;

�� (b) The utility is unwilling or unable to make emergency repairs, or cannot be found after reasonable effort; and

�� (c) Restoration of the service is necessary for the health and safety of the customers of the utility.

�� (2) The commission shall attempt to recover fees used under this section from the utility providing water service. The commission may also recover a penalty as provided in ORS 756.350 from the time the fees are expended.

�� (3) In addition to or in lieu of expending moneys to make emergency repairs, the commission may order the utility providing water service to make the emergency repairs. [2003 c.202 �8; 2025 c.233 �2]

�� 757.069 Notice of delinquency on water bill. (1) If a customer of a water utility fails to pay a water bill for more than 120 days after the bill becomes due, the water utility shall mail notice of the delinquency to the persons who are listed as the owners of the property in the real property tax records for the county only if the utility asserts that the property owners are responsible for the bill. The notice must be mailed to the addresses of the owners as reflected in the real property tax records.

�� (2) The provisions of this section apply to water utilities operated by public utilities, municipalities, cooperatives and unincorporated associations. [2005 c.168 �2; 2007 c.211 �1]

�� 757.070 [Renumbered 756.375]

(Customer Interests)

�� 757.072 Agreements for financial assistance to organizations representing customer interests; rules. (1) A public utility providing electricity or natural gas may enter into a written agreement with an organization that represents broad customer interests in regulatory proceedings conducted by the Public Utility Commission relating to public utilities that provide electricity or natural gas. The agreement shall govern the manner in which financial assistance may be provided to the organization. The agreement may provide for financial assistance to other organizations found by the commission to be qualified under subsection (2) of this section. More than one public utility or organization may join in a single agreement. Any agreement entered into under this section must be approved by the commission before any financial assistance is provided under the agreement.

�� (2)(a) Financial assistance under an agreement entered into under this section may be provided only to organizations that represent interests in regulatory proceedings before the commission relating to public utilities that provide electricity or natural gas that are:

�� (A) The broad interests of customers;

�� (B) The interests of low-income residential customers; or

�� (C) The interests of residential customers that are members of environmental justice communities.

�� (b) The commission by rule shall establish such qualifications as the commission deems appropriate for determining which organizations are eligible for financial assistance under an agreement entered into under this section.

�� (c) The total aggregate financial assistance available to all organizations that represent the interests described in paragraph (a)(B) and (C) of this subsection from all public utilities providing electricity or natural gas may not exceed $500,000 annually.

�� (d) The commission shall establish a process for evaluating and approving an agreement described in this section that includes the provision of financial assistance to organizations that represent the interests described in paragraph (a)(B) or (C) of this subsection. The commission must evaluate and approve an agreement described in this paragraph before financial assistance may be provided under the agreement. The agreement described in this paragraph shall govern the manner in which financial assistance may be provided to an organization found by the commission to be qualified under paragraph (a)(B) or (C) of this subsection. More than one public utility or organization may join in a single agreement described in this paragraph.

�� (3) In administering an agreement entered into under this section, the commission by rule or order may determine:

�� (a) The amount of financial assistance that may be provided to any organization;

�� (b) The manner in which the financial assistance will be distributed;

�� (c) The manner in which the financial assistance will be recovered in the rates of the public utility under subsection (4) of this section; and

�� (d) Other matters necessary to administer the agreement.

�� (4) The commission shall allow a public utility that provides financial assistance under this section to recover the amounts so provided in rates. The commission shall allow a public utility to defer inclusion of those amounts in rates as provided in ORS 757.259 if the public utility so elects. An agreement under this section may not provide for payment of any amounts to the commission. [2003 c.234 �2; 2021 c.90 �3]

�� 757.075 [Repealed by 1971 c.655 �250]

�� 757.077 Incorrect billings; collections; refunds. (1) If a public utility determines that a current or former customer of the public utility was previously billed an incorrect amount for a service provided by the public utility under rate schedules or tariffs in effect for the public utility on the date on which the service was provided, the public utility may:

�� (a) If the public utility underbilled the customer, issue a bill to the customer for amounts the customer owes the public utility in accordance with subsection (2) of this section; or

�� (b) If the public utility overbilled the customer, refund the customer for amounts the public utility owes the customer in accordance with subsection (3) of this section.

�� (2)(a) Except as provided in paragraph (b) of this subsection, when issuing a bill under subsection (1)(a) of this section, a public utility:

�� (A) May only collect amounts incorrectly billed during the 12-month period ending on the date on which the public utility issued the last incorrect bill; and

�� (B) May not collect amounts incorrectly billed more than two years before the date on which the public utility identified the incorrect bill.

�� (b) If an incorrect billing described in subsection (1) of this section is the result of fraud, tampering, diversion, theft, misinformation or other dishonest or unlawful conduct for which the customer is responsible, the public utility may collect full payment for any amount that the customer of the public utility owes the public utility.

�� (3) When making a refund under subsection (1)(b) of this section, a public utility:

�� (a) May only refund amounts incorrectly received during the 12-month period ending on the date on which the public utility issued the last incorrect bill; and

�� (b) May not refund amounts incorrectly received more than three years before the date on which the public utility identified the incorrect bill. [2013 c.170 �2]

�� 757.080 [1953 c.356 �1; 1961 c.354 �1; 1971 c.655 �30a; renumbered 756.380]

�� 757.081 Utility bills to include information regarding commission�s consumer services. The Public Utility Commission shall require each public utility to include at the bottom of every utility bill the following information:

�� (1) The phone numbers for the commission�s consumer services.

�� (2) The website address, in shortened form, for the commission�s online consumer complaint form. [2025 c.97 �2]

�� 757.083 Cost categories included in residential customer rates; visual representation made publicly available. (1) As used in this section and ORS 757.218, �electric or natural gas company� means any entity that is a public utility that is engaged in the business of distributing electricity or natural gas to retail customers in this state.

�� (2) Each calendar year, an electric or natural gas company shall provide to the Public Utility Commission, and make publicly available on the electric or natural gas company�s website, a visual representation of the cost categories that are included in the electric or natural gas company�s residential customer rates and the percentage amount of the residential customer rates for each cost category.

�� (3) The commission shall by rule establish the cost categories. Cost categories must include the following:

�� (a) Transmission services infrastructure;

�� (b) Distribution services infrastructure;

�� (c) Power costs;

�� (d) Wildfire mitigation;

�� (e) Catastrophic events and emergencies;

�� (f) Insurance, including self-insurance; and

�� (g) Any other expenses, as determined by the commission, that an electric or natural gas company seeks to recover through residential customer rates. [2025 c.503 �12]

�� 757.085 [1953 c.356 �2; 1961 c.354 �2; renumbered 756.385]

�� 757.090 [1953 c.356 �3; 1961 c.354 �3; renumbered 756.390]

�� 757.095 [1969 c.372 �2; 1971 c.655 �69; renumbered 757.039]

BUDGET, ACCOUNTS AND REPORTS OF UTILITIES

�� 757.105 Filing of budget; rules; review by commission; pensions as operating expenses. (1) The Public Utility Commission has the right and power of regulation, restriction and control over the budgets of expenditures of public utilities, as to all items covering:

�� (a) Proposed payment of salaries of executive officers;

�� (b) Donations;

�� (c) Political contributions and political advertising;

�� (d) Expenditures for pensions or for a trust to provide pensions for employees and officers;

�� (e) Other expenditures and major contracts for the sale or purchase of equipment; and

�� (f) Any payment or contemplated payment to any person or corporation having an affiliated interest for service, advice, auditing, associating, sponsoring, engineering, managing, operating, financing, legal or other services.

�� (2) On or before a date prescribed by the commission by rule, each public utility shall prepare a budget showing the amount of money which, in its judgment, shall be needed during the ensuing year for covering all such activities and expenditures, and file it with the commission.

�� (3) When any such budget has been filed with the commission, the commission shall examine into and investigate the same and unless rejected within 60 days thereafter, the proposed budget is presumptively fair and reasonable and not contrary to public interest.

�� (4) Proposed expenditures for pensions or for a trust to provide pensions for the employees and officers of such utility whether for future service or past service or both, shall be recognized as an operating expense if the trust fund is irrevocably committed to the payment of pensions or benefits to employees and if such pensions are reasonable and nondiscriminatory. The commission may disallow as an operating expense any expenditure for pension purposes in excess of the amount necessary and proper to maintain an actuarially sound retirement plan for the employees of the utility in Oregon. [Amended by 1957 c.593 �1; 1971 c.655 �82; 2013 c.96 �1]

�� 757.107 Supplemental budgets and orders. Adjustment and additions to such budget expenditures may be made from time to time during the year by filing supplementary budgets with the Public Utility Commission. The provisions of ORS 757.105 (3) apply to adjustments and additions to budgets. [Amended by 1971 c.655 �83]

�� 757.110 Effect of budget orders. (1) Any finding and order made and entered by the Public Utility Commission under ORS 757.105 or 757.107 shall have the effect of prohibiting any unapproved or rejected expenditure from being recognized as an operating expense or capital expenditure in any rate valuation proceeding or in any proceeding or hearing unless and until the propriety thereof has been established to the satisfaction of the commission. Any such finding and order shall remain in full force and effect, unless and until it is modified or set aside by the commission or is set aside, modified or remanded in a proceeding for judicial review of an order in the manner provided by ORS 756.610.

�� (2) Nothing in ORS 757.105 or 757.107 prevents the commission from at any time making and filing orders rejecting imprudent and unwise expenditures or payments. Such orders when so made shall be in full force and effect, and the public utility shall not have the right to make such expenditures or payments found to be imprudent or unwise until the order has been modified or set aside by the commission or is set aside, modified or remanded in a proceeding for judicial review of an order in the manner provided by ORS 756.610. [Amended by 1971 c.655 �84; 2005 c.638 �7; 2017 c.312 �4]

�� 757.115 [Amended by 1971 c.655 �20; renumbered 756.105]

�� 757.120 Accounts required. (1) Every public utility shall keep and render to the Public Utility Commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. All forms of accounts which may be prescribed by the commission shall conform as nearly as practicable to similar forms prescribed by federal authority.

�� (2) Every public utility engaged directly or indirectly in any other business than that of a public utility shall, if required by the commission, keep and render separately to the commission, in like manner and form, the accounts of all such other business, in which case all the provisions of this chapter shall apply with like force and effect to the accounts and records of such other business. [Amended by 1971 c.655 �85]

�� 757.125 Duty of utility to keep records and accounts; duty of commission to furnish blanks. (1) The Public Utility Commission shall prescribe the accounts and records required to be kept, and every public utility is required to keep and render its accounts and records accurately and faithfully in the manner prescribed by the commission and to comply with all directions of the commission relating to such accounts and records.

�� (2) No public utility shall keep any other accounts or records of its public utility business transacted than those prescribed or approved by the commission except such as may be required by the laws of the United States.

�� (3) The commission shall cause to be prepared suitable blanks for reports for carrying out the purposes of this chapter, and shall, when necessary, furnish such blanks for reports to each public utility. [Amended by 1971 c.655 �86]

�� 757.130 [Repealed by 1971 c.655 �250]

�� 757.135 Closing accounts and filing balance sheet; rules; auditing accounts. (1) Except as provided in subsection (2) of this section, the accounts required under ORS 757.120 and

ORS 757.480

757.480, must pay the stranded costs obligation established by the commission under subsection (2) of this section.

�� (b) The purpose of the stranded costs obligation is to prevent shifting the costs associated with the loss of service territory or property of an electric company from the retail electricity consumers of the electric utility to the retail electricity consumers of the electric company.

�� (4) The commission may determine the stranded costs obligation in accordance with the Federal Energy Regulatory Commission�s current methodology for determining stranded costs under the same or similar circumstances.

�� (5) This section does not interfere with or supersede the jurisdiction of the Federal Energy Regulatory Commission. [2016 c.28 �18]

�� 757.485 Purchase of property or stocks of one utility by another. (1) No public utility shall, directly or indirectly, purchase, acquire or become the owner of any of the stocks or bonds or property utilized for utility purposes and having a value in excess of $10,000 of any other public utility unless authorized so to do by the Public Utility Commission.

�� (2) Every contract by any public utility for the purchase, acquisition, assignment or transfer to it of any of the stock of any other public utility by or through any person, partnership or corporation without the approval of the commission shall be void and of no effect, and no such transfer or assignment of such stock upon the books of the corporation pursuant to any such contract is effective for any purpose. [Formerly 757.160]

�� 757.490 Approval needed for certain contracts. (1) When any public utility doing business in this state enters into a contract with another corporation with relation to the construction, operation, maintenance or use of the property of said public utility in Oregon, or the use of the property of the other contracting party, or any part thereof, or for service, advice, engineering, financing, rentals, leasing or for any construction or management charges in respect of any such property, or for the purchase of property, materials or supplies, the proposed contract shall be filed with the Public Utility Commission for the investigation and approval when the public utility owns a majority of or controls directly or indirectly the voting stock of the other contracting corporations.

�� (2) Any such proposed contract shall be filed with the commission within 90 days of execution of the contract. The contract shall be deemed to be executed on the date the parties sign a written contract or on the date the parties begin to transact business under the contract, whichever date is earlier. The commission shall promptly investigate and act upon the contract in accordance with ORS

ORS 757.495

757.495 (3) and (6).

�� (3) In making such investigation the commission and accountants, examiners and agents, appointed by the commission for the purpose, shall be given free access to all books, books of account, documents, data and records of the public utility as well as of the corporation with which it is proposing to contract, which the commission may deem material to the investigation. The failure or refusal of either of the parties to the proposed contract to comply with this subsection is prima facie evidence that such contract is unfair, unreasonable and contrary to public interest, and is sufficient to justify a determination and finding of the commission to that effect, which has the same force and effect as any other determination or order of the commission. [Formerly 757.165; 1989 c.956 �6]

�� 757.495 Contracts involving utilities and persons with affiliated interests. (1) When any public utility doing business in this state enters into any contract to make any payment, directly or indirectly, to any person or corporation having an affiliated interest, for service, advice, auditing, accounting, sponsoring, engineering, managing, operating, financing, legal or other services, or enter any charges therefor on its books, which shall be recognized as an operating expense or capital expenditure in any rate valuation or any other hearing or proceeding, the contract shall be filed with the Public Utility Commission within 90 days of execution of the contract. The contract shall be deemed to be executed on the date the parties sign a written contract or on the date the parties begin to transact business under the contract, whichever date is earlier.

�� (2) When any public utility doing business in this state enters into any contract, oral or written, with any person or corporation having an affiliated interest relating to the construction, operation, maintenance, leasing or use of the property of such public utility in Oregon, or the purchase of property, materials or supplies, which shall be recognized as the basis of an operating expense or capital expenditure in any rate valuation or any other hearing or proceeding, the contract shall be filed with the commission within 90 days of execution of the contract. The contract shall be deemed to be executed on the date the parties sign a written contract or on the date the parties begin to transact business under the contract, whichever date is earlier.

�� (3) When any such contract has been submitted to the commission, the commission promptly shall examine and investigate the contract. If, after such investigation, the commission determines that the contract is fair and reasonable and not contrary to the public interest, the commission shall enter findings and an order to this effect and serve a copy thereof upon the public utility, whereupon any expenses and capital expenditures incurred by the public utility under the contract may be recognized in any rate valuation or other hearing or proceeding. If, after such investigation, the commission determines that the contract is not fair and reasonable in all its terms and is contrary to the public interest, the commission shall enter findings and an order accordingly and serve a copy thereof upon the public utility, and, except as provided in subsection (4) of this section, it shall be unlawful to recognize the contract for the purposes specified in this section.

�� (4) When any such contract has been filed with the commission within 90 days of execution and the commission has not entered an order disapproving the contract under subsection (3) of this section, the commission may not base its refusal to recognize any expenses or capital expenditures incurred under the contract in any rate valuation or other hearing or proceeding solely on the basis that such contract has not been approved under subsection (3) of this section.

�� (5) No public utility shall issue notes or lend its funds or give credit on its books or otherwise to any person or corporation having an affiliated interest, either directly or indirectly, without the approval of the commission.

�� (6) The action of the commission with respect to all the matters described in this section when submitted to the commission shall be by findings and an order to be entered within 90 days after the matter has been submitted to the commission for consideration, and the findings and order of the commission with respect to any of such matters shall be and remain in full force and effect, unless and until set aside, modified or remanded in a proceeding for judicial review of an order in the manner provided by ORS 756.610. [Formerly 757.170; 1989 c.956 �7; 2005 c.22 �505; 2005 c.638 �9; 2017 c.312 �5]

�� 757.500 Contracts between certain public utilities. When any public utility is primarily engaged in another enterprise and is only indirectly engaged in the production, transmission, delivery or furnishing of heat, light, water or power to or for the public by reason of a contract or agreement, express or implied, between itself and another public utility which is directly engaged in such business, the jurisdiction of the Public Utility Commission over such public utility extends only to the right to modify, control, rescind, alter or amend any such existing contract or agreement where the interest of the customers of such public utility directly engaged in such business demands. No such contract or agreement is valid or enforceable until it has been approved by the commission as being in the public interest. [Formerly 757.175]

�� 757.505 [Repealed by 1971 c.655 �250]

�� 757.506 Findings and policy regarding exercise of influence over utility by person not engaged in utility business. (1) The Legislative Assembly finds and declares that:

�� (a) The protection of customers of public utilities which provide heat, light or power is a matter of fundamental statewide concern;

�� (b) Existing legislation requires the Public Utility Commission�s approval of one public utility�s acquisition of another public utility�s stocks, bonds and certain property used for utility purposes, but does not require the commission�s approval of such acquisitions by persons not engaged in the public utility business in Oregon; and

�� (c) An attempt by a person not engaged in the public utility business in Oregon to acquire the power to exercise any substantial influence over the policies and actions of an Oregon public utility which provides heat, light or power could result in harm to such utility�s customers, including but not limited to the degradation of utility service, higher rates, weakened financial structure and diminution of utility assets.

�� (2) It is, therefore, the policy of the State of Oregon to regulate acquisitions by persons not engaged in the public utility business in Oregon of the power to exercise any substantial influence over the policies and actions of an Oregon public utility which provides heat, light or power in the manner set forth in this section and ORS 757.511 in order to prevent unnecessary and unwarranted harm to such utilities� customers. [1985 c.632 �2]

�� 757.510 [Repealed by 1971 c.655 �250]

�� 757.511 Application for authority to exercise influence over utility; contents of application; issuance of order; dissemination of information about acquisition. (1) No person, directly or indirectly, shall acquire the power to exercise any substantial influence over the policies and actions of a public utility which provides heat, light or power without first securing from the Public Utility Commission, upon application, an order authorizing such acquisition if such person is, or by such acquisition would become, an affiliated interest with such public utility as defined in ORS

ORS 757.995

757.995�� Civil penalty for violation of wildfire protection provisions or rule

GENERAL PROVISIONS

(Regulation Generally)

�� 757.005 Definition of public utility. (1)(a) As used in this chapter, except as provided in paragraph (b) of this subsection, �public utility� means:

�� (A) Any corporation, company, individual, association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or a part of any plant or equipment in this state for the production, transmission, delivery or furnishing of heat, light, water or power, directly or indirectly to or for the public, whether or not such plant or equipment or part thereof is wholly within any town or city.

�� (B) Any corporation, company, individual or association of individuals, which is party to an oral or written agreement for the payment by a public utility, for service, managerial construction, engineering or financing fees, and having an affiliated interest with the public utility.

�� (b) As used in this chapter, �public utility� does not include:

�� (A) Any plant owned or operated by a municipality.

�� (B) Any railroad, as defined in ORS 824.020, or any industrial concern by reason of the fact that it furnishes, without profit to itself, heat, light, water or power to the inhabitants of any locality where there is no municipal or public utility plant to furnish the same.

�� (C) Any corporation, company, individual or association of individuals providing heat, light or power:

�� (i) From any energy resource to fewer than 20 customers, if it began providing service to a customer prior to July 14, 1985;

�� (ii) From any energy resource to fewer than 20 residential customers so long as the corporation, company, individual or association of individuals serves only residential customers;

�� (iii) From solar or wind resources to any number of customers; or

�� (iv) From biogas, waste heat or geothermal resources for nonelectric generation purposes to any number of customers.

�� (D) A qualifying facility on account of sales made under the provisions of ORS 758.505 to

ORS 759.990

759.990�� Penalties

GENERAL PROVISIONS

�� 759.005 Definitions. As used in this chapter:

�� (1) �Competitive telecommunications provider� means a telecommunications services provider that has been classified as a competitive telecommunications provider by the Public Utility Commission pursuant to ORS 759.020.

�� (2) �Intrastate telecommunications service� means any telecommunications service in which the information transmitted originates and terminates within the boundaries of the State of Oregon.

�� (3) �Local exchange telecommunications service� means telecommunications service provided within the boundaries of exchange maps filed with and approved by the commission.

�� (4) �Private telecommunications network� means a system for the provision of telecommunications service or any portion of telecommunications service, including the construction, maintenance or operation of the system, by a person for the exclusive use of that person and not for resale, directly or indirectly.

�� (5) �Radio common carrier� means any corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers and any town making available facilities to provide radio communications service, radio paging or cellular communications service for hire.

�� (6) �Shared telecommunications service� means the provision of telecommunications and information management services and equipment to a user group located in discrete premises in building complexes, campuses or high-rise buildings, by a commercial shared services provider or by a users� association, through privately owned customer premises equipment and associated data processing and information management services and includes the provision of connections to local exchange telecommunications service.

�� (7) �Telecommunications� means the transmission of information chosen by a person, between or among points specified by the person, without change in the form or content of the information sent or received.

�� (8) �Telecommunications service� means telecommunications that are offered for a fee to the public, or to such class of users as to be effectively available to the public, without regard to the facilities used to provide the telecommunications. �Telecommunications service� does not include:

�� (a) Services provided by radio common carrier.

�� (b) One-way transmission of television signals.

�� (c) Private telecommunications networks.

�� (d) Communications of the customer that take place on the customer side of on-premises equipment.

�� (9)(a) �Telecommunications utility� means:

�� (A) Any corporation, company, individual or association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or a part of any plant or equipment in this state for the provision of telecommunications service, directly or indirectly to or for the public, whether or not the plant or equipment, or any portion of the plant or equipment, is wholly within any town or city.

�� (B) Any corporation, company, individual or association of individuals that is party to an oral or written agreement for the payment by a telecommunications utility, for service, managerial construction, engineering or financing fees, and has an affiliated interest with the telecommunications utility.

�� (b) �Telecommunications utility� does not include:

�� (A) Any plant owned or operated by a municipality.

�� (B) Any corporation not providing intrastate telecommunications service to the public in this state, whether or not the corporation has an office in this state or has an affiliated interest with a telecommunications utility as defined in this chapter.

�� (C) Any person acting only as a competitive telecommunications provider.

�� (D) Any corporation, company, individual or association of individuals providing only telephone customer premises equipment to the public.

�� (10) �Toll� means switched telecommunications between exchanges carried on the public switched network. �Toll� does not include services that are an option to flat rate local or extended area service, even though the options may include charges on a per-unit basis. [1987 c.447 �1; 1989 c.5 �15; 1991 c.326 �2; 2005 c.232 �1; 2007 c.825 �1]

�� 759.010 [1987 c.447 �2; 1989 c.17 �2; repealed by 2005 c.232 �2]

�� 759.015 Legislative findings on universal telecommunications service. The Legislative Assembly finds and declares that it is the goal of the State of Oregon to secure and maintain high-quality universal telecommunications service at just and reasonable rates for all classes of customers and to encourage innovation within the industry by a balanced program of regulation and competition. The Public Utility Commission shall administer the statutes with respect to telecommunications rates and services in accordance with this policy. [Formerly 757.810]

�� 759.016 Legislative findings on broadband services. The Legislative Assembly finds and declares:

�� (1) That it is the goal of this state to promote access to broadband services for all Oregonians in order to improve the economy in Oregon, improve the quality of life in Oregon communities and reduce the economic gap between Oregon communities that have access to broadband digital applications and services and those that do not, for both present and future generations; and

�� (2) That the goal set forth in subsection (1) of this section may be achieved by:

�� (a) Expanding broadband and other telecommunications services;

�� (b) Creating incentives to establish and expand broadband and other telecommunications services;

�� (c) Undertaking telecommunications planning at the local, regional and state levels that includes participants from both the public and the private sectors;

�� (d) Removing barriers to the full deployment of broadband digital applications and services and providing incentives for the removal of those barriers; and

�� (e) Removing barriers to public-private partnerships in areas where the private sector cannot justify investments. [2003 c.775 �1]

�� Note: 759.016 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 759 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 759.020 Certificate of authority; application; procedure; criteria; intrastate toll service level; rules. (1) A person, corporation, company or association of individuals or their lessees, trustees or receivers may not provide intrastate telecommunications service on a for-hire basis without a certificate of authority issued by the Public Utility Commission under this section.

�� (2) Applications for certificates of authority must be in a form prescribed by the commission and must describe the telecommunications services the applicant proposes to provide.

�� (3)(a) Except as provided in ORS 759.050, a certificate may not authorize any person to provide local exchange telecommunications service within the local exchange telecommunications service area of a telecommunications utility unless the utility consents, is unable to provide the service or fails to protest an application.

�� (b) Paragraph (a) of this subsection does not apply to any application for a certificate by a provider of shared telecommunications services.

�� (4) A hearing need not be held prior to issuance of a certificate of authority except upon the commission�s own motion or unless the application is to authorize a person to provide local exchange telecommunications service in the local exchange telecommunications service area of a telecommunications utility and the utility protests. After hearing, the commission shall issue the certificate only upon a showing that the proposed service is required by the public interest.

�� (5) The commission may classify a successful applicant for a certificate as a telecommunications utility or as a competitive telecommunications services provider. If the commission finds that a successful applicant for a certificate has demonstrated that services it offers are subject to competition or that its customers or those proposed to become customers have reasonably available alternatives, the commission shall classify the applicant as a competitive telecommunications services provider. The commission shall conduct the initial classification and any subsequent review of the classification in accordance with procedures the commission may establish by rule, after hearings. The commission may attach reasonable conditions to the classification and may amend or revoke any order as provided in ORS 756.568. For purposes of this section, in determining whether telecommunications services are subject to competition or whether there are reasonably available alternatives, the commission shall consider:

�� (a) The extent to which services are available from alternative providers in the relevant market.

�� (b) The extent to which the services of alternative providers are functionally equivalent or substitutable at comparable rates, terms and conditions.

�� (c) Existing economic or regulatory barriers to entry.

�� (d) Any other factors deemed relevant by the commission.

�� (6) Any provider of intrastate toll service must inform customers of the service level furnished by that provider, according to rules of the commission. The commission, by rule, shall determine the level of intrastate toll service that is standard. Any provider of intrastate toll service must identify the service level the provider plans to furnish in an annual report to the commission. The commission shall revoke the certification of any provider that does not consistently furnish the service level identified in the provider�s annual report. [Formerly

ORS 772.010

772.010 may also condemn:

�� (1) The rights of riparian proprietors in any lake or stream, to enable such corporation to develop, manufacture or furnish electrical energy for the operation of any railway in this state.

�� (2) Lands for the sites of reservoirs for storing water for future use, and for rights of way for feeders carrying water to reservoirs, and for ditches, canals, flumes or pipelines carrying the same away. [Amended by 1971 c.655 �236]

�� 772.055 Condemnation procedure. No condemnation of private property shall be made under ORS 772.010 to 772.020 or 772.030 to 772.050 until compensation is made to the owner thereof, irrespective of any increased value thereof by reason of the proposed improvement by such corporation, in the manner provided in ORS chapter 35.

�� 772.060 Condemnation rights for change of grade or location of railway, canal or pipes. Any corporation may change the grade or location of its railway, canal or pipes for the purpose of avoiding annoyances to public travel or dangerous or deficient curves or grades, or unsafe or unsubstantial grounds or foundation, or for other like reasonable causes. For the accomplishment of such change it has the same right to enter upon, examine, survey and appropriate the necessary lands and materials as in the original location and construction of such railway, canal or water pipes. [Amended by 1971 c.655 �237]

�� 772.065 Appropriation of county road or property in lieu thereof by agreement with county court. (1) Whenever it is necessary for any corporation mentioned in ORS 772.010 to appropriate all or part of any county road or highway for right of way, the corporation may appropriate so much of the road as may be necessary, and in lieu thereof may condemn or otherwise acquire property contiguous to or as near adjacent to the road as possible in an amount equal to the property to be appropriated.

�� (2) Upon construction by the corporation of a county road or highway on the property so acquired in a manner conformable in the material character of the construction of said highways appropriated and upon the same grade or such other grade as may be agreed upon by the corporation and the county court or board of county commissioners of the county in which the road is located, and upon the acceptance by the county court or board of such newly constructed road, and on the conveyance of same to the county, the corporation shall then become the owner and entitled to the possession of so much of the county road or highway so appropriated.

�� (3) ORS 772.065 and 772.070 do not apply to roads or streets within any platted or incorporated city or town, or any addition thereto.

�� 772.070 Procedure on dispute between county and corporation. (1) If the county court or board of county commissioners and corporation cannot agree upon the matters of appropriation under ORS 772.065, the dispute shall be referred to the Public Utility Commission.

�� (2) The commission, after notice and hearing, shall by order determine the terms and conditions upon which the corporation may appropriate the county road or highway. [Amended by 1971 c.655 �238]

�� 772.100 [Repealed by 1971 c.655 �250]

APPROPRIATION OF PUBLIC LANDS FOR RAILROADS

�� 772.105 Authority to appropriate. (1) When it is necessary or convenient in the location of any railway to appropriate any part of any public road, street, alley or public grounds not within the corporate limits of a municipal corporation, the county court of the county wherein such road, street, alley or public grounds is located, may agree with the corporation constructing the road, upon the extent, terms and conditions upon which the same may be appropriated or used, and occupied by such corporation. If the parties are unable to agree, the corporation may appropriate so much thereof as is necessary and convenient in the location and construction of the road.

�� (2) Whenever a private corporation is authorized to appropriate any public highway or grounds as mentioned in subsection (1) of this section, within the limits of any town, whether incorporated or not, such corporation shall locate their road upon such particular road, street, alley or public grounds, within such town as the local authorities designate. If the local authorities fail to make such designation within a reasonable time when requested, the corporation may make such appropriation without reference thereto. [Amended by 1971 c.655 �239]

�� 772.110 [Repealed by 1971 c.655 �250]

�� 772.115 [Repealed by 1971 c.655 �250]

�� 772.120 [Repealed by 1971 c.655 �250]

�� 772.125 [Amended by 1953 c.160 �3; repealed by 1971 c.655 �250]

�� 772.130 [Repealed by 1971 c.655 �250]

�� 772.135 [Repealed by 1971 c.655 �250]

�� 772.140 [Repealed by 1971 c.655 �250]

�� 772.145 [Repealed by 1971 c.655 �250]

�� 772.150 [Repealed by 1971 c.655 �250]

�� 772.155 [Repealed by 1971 c.655 �250]

�� 772.160 [Repealed by 1971 c.655 �250]

CONDEMNATION BY PUBLIC UTILITIES AND ELECTRICAL COOPERATIVE ASSOCIATIONS

�� 772.205 Definitions for ORS 772.210 and 772.215. As used in ORS 772.210 and 772.215, unless the context requires otherwise:

�� (1) �Electrical cooperative association� means a cooperative association which is subject to a tax on gross revenue derived from the use or operation of transmission and distribution lines pursuant to ORS 308.805 to 308.820.

�� (2) �Public utility� has the meaning given that term in ORS 757.005.

�� (3) �Service facilities� include any line, wire, pipe, conduit, main, pump, pole, tower, fixture, structure, shop, office or building for any use or purpose reasonably necessary and incident to the conduct of the business of a public utility.

�� (4) �Transmission company� has the meaning given that term in ORS 758.015. [Amended by 1971 c.655 �240; 1977 c.225 �1; 2001 c.913 �8]

�� 772.210 Right of entry and condemnation of lands for construction of service facilities. (1) Any public utility, electrical cooperative association or transmission company may:

�� (a) Enter upon lands within this state in the manner provided by ORS 35.220 for the purpose of examining, locating and surveying the line thereof and also other lands necessary and convenient for the purpose of construction of service facilities, doing no unnecessary damage thereby.

�� (b) Condemn such lands not exceeding 100 feet in width for its lines (including poles, towers, wires, supports and necessary equipment therefor) and in addition thereto, other lands necessary and convenient for the purpose of construction of service facilities. If the lands are covered by trees that are liable to fall and constitute a hazard to its wire or line, any public utility or transmission company organized for the purpose of building, maintaining and operating a line of poles and wires for the transmission of electricity for lighting or power purposes may condemn such trees for a width not exceeding 300 feet, as may be necessary or convenient for such purpose.

�� (2) Notwithstanding subsection (1) of this section, any public utility, electrical cooperative association or transmission company may, when necessary or convenient for transmission lines (including poles, towers, wires, supports and necessary equipment therefor) designed for voltages in excess of 330,000 volts, condemn land not to exceed 300 feet in width. In addition, if the lands are covered by trees that are liable to fall and constitute a hazard to its wire or line, such public utility or transmission company may condemn such trees for a width not exceeding 100 feet on either side of the condemned land, as may be necessary or convenient for such purpose.

�� (3) Notwithstanding subsection (1) of this section, a water or gas public utility may condemn such lands, not exceeding 50 feet in width, as may be necessary or convenient for purposes of constructing, laying, maintaining and operating its lines, including necessary equipment therefor.

�� (4) The proceedings for the condemnation of such lands shall be the same as that provided in ORS chapter 35, provided that any award shall include, but shall not be limited to, damages for destruction of forest growth, premature cutting of timber and diminution in value to remaining timber caused by increased harvesting costs. [Amended by 1963 c.138 �1; 1971 c.655 �241; 1977 c.225 �2; 2001 c.913 �9; 2003 c.477 �10]

�� 772.215 Appropriation of public lands. When it is necessary or convenient, in the location of any poles or lines mentioned in ORS 772.210, to appropriate any part of any public road, street, alley or public grounds not within the corporate limits of any municipal corporation, the county court or board of county commissioners of the county within which such road, street, alley or public grounds is located, may agree with the public utility or electrical cooperative association upon the extent, terms and conditions upon which the same may be appropriated or used and occupied by such corporation. If such parties are unable to agree, the public utility or electrical cooperative association may condemn so much thereof as is necessary and convenient in the location and construction of the poles or lines. The provisions of ORS chapter 35 are applicable to condemnations under this section. [Amended by 1971 c.655 �242; 1971 c.741 �24; 1977 c.225 �3]

�� 772.220 [Repealed by 1971 c.655 �250]

CONDEMNATION FOR DRAINAGE OR IRRIGATION

�� 772.305 Condemnation of right of way for drainage or irrigation. (1) The United States, the state, or any person, firm, cooperative, association or corporation, shall have the right of way across and upon public, private and corporate lands or other rights of way, for the construction, maintenance, repair and use of all necessary reservoirs, dams, water gates, canals, ditches, flumes, tunnels, pipelines or other means of securing, storing and conveying water for irrigation or for drainage, or any other beneficial purpose, upon payment of just compensation therefor.

�� (2) But such right of way shall in all cases be so constructed, obtained, located and exercised in a manner consistent with proper and economical and engineering construction, so as not to unnecessarily impair practical use of any other right of way, highway or public or private road, nor to unnecessarily injure any public or private property.

�� (3) Such right of way may be acquired in the manner provided by law for the taking of private property for public use. If a water right permit is required under the applicable provisions of ORS chapter 537 in order to use, store or convey water within the right of way, a person, firm, cooperative, association or corporation may not acquire a right of way under this subsection before obtaining a water right permit or obtaining a final order of the Water Resources Department approving an application for a water right permit.

�� (4) In determining just compensation under subsection (1) of this section for a right of way across forestlands, consideration shall be given, but not limited to, the effect of the right of way on:

�� (a) Access to the whole of the affected parcel;

�� (b) Ease and method of timber harvesting or other commercial uses of the affected parcel; and

�� (c) Any agricultural or silvicultural activities on the affected parcel, including but not limited to application of chemicals, cultivation or harvesting activities and movement of equipment associated with any of the above activities. [Amended by 1989 c.509 �1; 1995 c.365 �8]

�� 772.310 Right to enlarge existing irrigation system. (1) When the United States, the state, or any person, firm or corporation desires to convey water for irrigation, drainage or for any other beneficial purpose, and there is a canal or ditch already constructed that can be enlarged to convey the required quantity of water, then the United States, the state, or any such person, firm or corporation, or the owner or owners of the land through which a new canal or ditch would have to be constructed to convey the quantity of water necessary, may enlarge the canal or ditch already constructed, by compensating the owner of the canal or ditch to be enlarged for the damages, if any, caused by the enlargement.

�� (2) The enlargement may be made at any time between October 1 and March 1, but not any other times, unless upon agreement in writing with the owner or owners of the canal or ditch.

�� (3) If a water right permit is required under the applicable provisions of ORS chapter 537 in order to use, store or convey water within the enlargement, a person, firm, cooperative, association or corporation may not acquire an enlargement under this section before obtaining a water right permit or obtaining a final order of the Water Resources Department approving an application for a water right permit. [Amended by 1989 c.509 �2; 1995 c.365 �9]

�� 772.315 [Repealed by 1971 c.655 �250]

CONDEMNATION BY CORPORATIONS FOR REDUCTION OF ORES, MINING, QUARRIES, LUMBERING AND TRANSPORTATION OF MINING PRODUCTS

�� 772.405 Condemnation by corporations for reduction of ores. (1) Every corporation organized for the construction and operation of mills, smelters and other works for the reduction of ores authorized to do business within the state may condemn lands and property for the discharge and natural distribution of smoke, fumes and dust from such works in the manner provided by ORS chapter 35.

�� (2) The use of lands by such corporation for the purpose of the discharge and natural distribution of smoke, fumes and dust from any such mill, smelter or other works for the reduction of ores, under the conditions prescribed in this section hereby is declared to be a public use.

�� (3) The right of eminent domain shall not be exercised by such corporation:

�� (a) Beyond a radius of four miles from such mill, smelter or other works for the reduction of ores.

�� (b) On any land situated within a radius of five miles of the corporate limits of any city in the state.

�� (c) Until after such corporation has acquired the right to use 50 percent of the area of the lands within a radius of four miles from the mill, smelter or other works for the reduction of ores.

�� 772.410 Right of entry and condemnation by mining, quarrying and lumber corporations. Any corporation organized for the purpose of opening or operating any gold, silver, or copper vein or lode, or any coal or other mine, or any marble, stone or other quarry, or for cutting or transporting timber, lumber, or cordwood, or for the manufacture of lumber:

�� (1) May construct and operate railroads, skid roads, tramways, chutes, pipelines and flumes between such points as may be indicated in their articles of incorporation.

�� (2) May enter upon any land between such points in the manner provided by ORS 35.220 for the purpose of examining, locating and surveying the line of such railroads, skid roads, tramways, chutes, pipelines and flumes, doing no unnecessary damage thereby.

�� (3) May condemn so much of said land as may be necessary for the purposes of this section, not exceeding 60 feet in width by a condemnation action as prescribed by ORS chapter 35. [Amended by 1953 c.559 �3; 2003 c.477 �11]

�� 772.415 Public benefit and use of facilities constructed under ORS 772.410. (1) Railroads, skid roads, tramways, chutes, pipelines or flumes constructed under ORS 772.410 shall be deemed to be for public benefit.

�� (2) Such railroad shall afford to all persons equal facilities for the transportation of freight upon payment or tender of reasonable compensation therefor, but shall not be required to carry passengers.

�� (3) Such skidway, tramway, chute, pipeline or flume shall afford to all persons equal facilities in the use thereof for the purpose to which they are adapted, upon tender or payment of the reasonable compensation for such use. [Amended by 1953 c.559 �3]

�� 772.420 Condemnation for transportation of minerals; conditions of reversion. (1) Any person requiring land for a right of way for the transportation of the products of mines located in this state may acquire such land for such purposes in the manner and subject to the rights, privileges and liabilities under ORS 376.505 to 376.540.

�� (2) Lands acquired under this section shall not revert to the original owner, the heirs and assigns of the original owner, until their use as contemplated in this section has ceased for a period of five years.

CONDEMNATION BY PIPELINE AND GAS COMPANIES

�� 772.505 Definitions for ORS 772.505 to 772.520. As used in ORS 772.505 to 772.520, unless the context otherwise requires:

�� (1) �Pipeline� includes pipes, lines, natural gas mains or lines and their appurtenances, including but not limited to pumps and pumping stations, used in transporting or distributing fluids, including petroleum and petroleum products or natural gases.

�� (2) �Pipeline company� includes any corporation, partnership or limited partnership, transporting, selling or distributing fluids, including petroleum products, or natural gases and those organized for constructing, laying, maintaining or operating pipelines, which are engaged, or which propose to engage in, the transportation of such fluids or natural gases. [Amended by 1971 c.655 �242a; 1989 c.821 �1]

�� 772.510 Right of entry and condemnation by pipeline companies. (1) Any pipeline company that is a common carrier and that is regulated as to its rates or practices by the United States or any agency thereof, may enter in the manner provided by ORS 35.220 upon lands within this state outside the boundaries of incorporated cities.

�� (2) This right may be exercised for the purpose of examining, surveying and locating a route for any pipeline, but it shall not be done so as to create unnecessary damage.

�� (3) These pipeline companies may appropriate and condemn such lands, or easements thereon or thereover, in such width as is reasonably necessary to accomplish their pipeline company purposes, by proceedings for condemnation as prescribed by ORS chapter 35. [Amended by 1971 c.655 �243; 1989 c.821 �2; 2003 c.477 �12]

�� 772.515 Regulation concerning location of facilities. (1) Whenever such pipelines are laid along a public road, they shall be placed as closely as practicable to the extreme outside edge of the right of way of such road.

�� (2) With the exception of pumping, compressor, regulator or meter station buildings, no pipes or pipelines shall pass under any building in this state. Such pipes or pipelines shall not pass through or under any cemetery except by the consent of the owner thereof.

�� (3) When cultivated lands are appropriated under ORS 772.510, such pipes and pipelines shall be well buried under ground, in conformance with federal pipeline safety regulations in effect at the time of construction, and such surface shall be properly and promptly restored by such pipeline company unless otherwise consented to by the owner of such land.

�� (4) When unimproved lands of another are appropriated under ORS 772.510 and such lands thereafter become cultivated or improved, such pipes or pipelines shall be buried by the pipeline company as provided in subsection (3) of this section, within a reasonable time after notice by the owner of such lands, or the agent of the owner, to the pipeline company or its agent. [Amended by 1989 c.821 �3]

�� 772.520 Resolution showing route and termini of pipeline. (1) Prior to the filing of any condemnation action under ORS 772.510, the pipeline company shall adopt a resolution showing the approximate route and termini of the proposed pipeline, or the extension or branch of any existing pipeline.

�� (2) A copy of this resolution, certified by the pipeline company, shall be filed in the office of the Secretary of State, in the office of each county clerk of those counties where such pipeline, extension or branch of an existing pipeline is proposed to be constructed, and also in the office of the Public Utility Commission. [Amended by 1989 c.821 �4]

�� 772.525 [Repealed by 1971 c.655 �250]

�� 772.555 [Repealed by 1971 c.655 �250]

�� 772.560 [Repealed by 1971 c.655 �250]

�� 772.605 [Repealed by 1971 c.655 �250]

CONDEMNATION FOR UNDERGROUND NATURAL GAS STORAGE

�� 772.610 Definitions for ORS 772.610 to 772.625. As used in ORS 772.610 to 772.625, unless the context otherwise requires:

�� (1) �Natural gas company� means every corporation, company, association, joint stock association, partnership or person authorized to do business in this state and engaged in the transportation, distribution or underground storage of natural gas.

�� (2) �Pipeline� has the meaning given that term in ORS 772.505 (1).

�� (3) �Underground reservoir� means any subsurface sand, strata, formation, aquifer, cavern or void whether natural or artificially created, suitable for the injection and storage of natural gas therein and the withdrawal of natural gas therefrom, but excluding a �pool.�

�� (4) �Underground storage� means the process of injecting and storing natural gas within and withdrawing natural gas from an underground reservoir. [1977 c.296 �8; 1989 c.821 �5]

�� 772.615 Condemnation for underground reservoirs; applicability of ORS chapter 35. Any natural gas company may condemn for its use for the underground reservoir, as well as other property or interests in property which may be necessary to adequately maintain and utilize the underground reservoir for the underground storage of natural gas, including easements and rights of way for access to and egress from the underground storage reservoir. The provisions of ORS chapter 35 and ORS 520.340 and 520.350 are applicable to any condemnation action brought under this section. [1977 c.296 �9]

�� 772.620 Placement of pipeline facilities. (1) Whenever a pipeline or appurtenance used in conjunction with the underground storage of natural gas in an underground reservoir is laid along a public road, it shall be placed as closely as practicable to the extreme outside edge of the right of way of the road.

�� (2) Such pipeline or appurtenance shall not be located under or pass through or under any cemetery, church, college, schoolhouse, residence, business or storehouse, or through or under any building in this state, except by the consent of the owner thereof.

�� (3) When cultivated lands are appropriated under ORS 772.615, such pipelines shall be well buried underground, at least 20 inches under the surface, which shall be properly and promptly restored by the natural gas company unless otherwise consented to by the owner of the land.

�� (4) When unimproved lands are appropriated under ORS 772.615 and thereafter become cultivated or improved, such pipelines shall be buried by the natural gas company as provided in subsection (3) of this section, within a reasonable time after notice by the owner of such lands, or the agent of the owner, to the natural gas company or its agent. [1977 c.296 �10]

�� 772.625 Resolution showing proposed route and termini of pipeline. (1) Prior to the filing of any condemnation action under ORS 772.615, the natural gas company shall adopt a resolution showing the approximate route and termini of any proposed pipeline, or the extension or branch of any existing pipeline, to be used in conjunction with the underground storage of natural gas, and showing the location and formation of any underground reservoir to be used for the underground storage of natural gas.

�� (2) A copy of this resolution shall be filed in the office of the Secretary of State, and also in the office of the county clerk of each county or counties where such pipeline, extension or branch of an existing pipeline, or underground reservoir is proposed to be constructed or utilized for the underground storage of natural gas, and also published in a newspaper of general circulation in each county. [1977 c.296 �11]

ORS 777.130

777.130); 1979 c.407 �3; 2017 c.165 �1]

�� 777.215 [1963 c.209 �4; repealed by 1971 c.727 �203]

�� 777.220 Port may collect certain fees from port users. A port may collect from vessels using any port facility, wharfage, dockage and drydockage; and collect from owners or consignees of goods passing over the docks and warehouses, wharfage and storage charges for goods so handled. [1971 c.728 �24 (enacted in lieu of 777.130)]

�� 777.225 [1963 c.209 �5; repealed by 1971 c.727 �203]

�� 777.230 Port may generate electric power; sale of power limited to utilities and federal agency; use of natural gas as fuel for generating facilities. (1) A port may:

�� (a) Design, erect, complete, operate and maintain all necessary hydroelectric, steam-generating, electric, oil, gasoline or other power-producing plants or systems, for the purpose of generating electrical current for lighting and power purposes.

�� (b) Acquire rights of way for the placing of transmission lines over which to carry the electrical energy required between the points of origin or production and the locations where such power may be carried for distribution, and sell, lease and dispose of same.

�� (2) This section does not authorize a port to enter into the business of supplying electric energy or services, or other power service, to municipalities or to the public, or for any purpose other than the construction or operation of docks, terminals, elevators or other shipping facilities, or in any of the work ports are authorized by law to engage in.

�� (3) Notwithstanding subsections (1) and (2) of this section, a port may construct, acquire, own or operate, by itself or with other public or private entities, electrical generating plants, electric distribution facilities and related fuel supply and steam generation and distribution facilities. However, the electric output of such plants or systems shall not be sold or delivered, directly or indirectly, to any person or other entity located within this state other than:

�� (a) An electric utility as defined in ORS 758.505; or

�� (b) The Bonneville Power Administration.

�� (4) The related fuel supply facilities of a port shall be constructed and operated for the sole purpose of furnishing fuel to the generating plants or systems owned by the port by itself or with other public or private entities.

�� (5) Except as provided in subsection (6) of this section, natural gas used to fuel the generation of electricity or energy by any port as described in subsection (3) of this section shall be purchased from or transported by an entity, if any, that is a public utility as defined in ORS 757.005 and approved by the Public Utility Commission under ORS 758.400 to 758.475 to distribute natural gas in the service territory in which the port is located.

�� (6) The rate charged a port by the public utility shall be the rate found to be reasonable by the Public Utility Commission under ORS 757.230. When reviewing the rate, the Public Utility Commission shall also determine the cost of alternatives to natural gas service from the public utility. For the purposes of this subsection, the cost of alternatives to natural gas service from the public utility is the cost incurred by a person other than a port without consideration of governmental entitlements that are available to a port but not to private persons. If the rate acceptable to the public utility and found to be reasonable by the Public Utility Commission is greater than such cost of alternatives, the port may pursue other alternatives for natural gas service. [1971 c.728 �25 (enacted in lieu of 777.130); 1985 c.773 �4; 1991 c.253 �1]

�� 777.240 Port may advertise and promote facilities, commerce and activities. A port may advertise and promote facilities and commerce of the port, activities of the port and activities of others using port facilities, through public and trade media, exhibits, fairs, trade fairs and trade tours, either alone or in cooperation with others or through associations or organizations having similar interests. [1971 c.728 �26 (enacted in lieu of 777.130); 2017 c.85 �1]

�� 777.250 Port powers with respect to development and use of its lands; industrial or research and development parks; sports, recreation, convention, trade show facilities. (1) A port may construct buildings or other improvements and acquire personal properties including but not limited to machinery and equipment considered necessary whether or not now in existence or under construction, suitable for use by any industry for the manufacturing, refining, processing or assembling of any agricultural, mining or other products or by any commercial enterprise in storing, warehousing, distributing or selling or servicing any products of agriculture, mining or industry or by any profit or nonprofit enterprise for research and development. The port has full power to lease and sell the buildings, improvements and personal property, together with the lands upon which they are situated, whether held by the port in its governmental capacity or not.

�� (2) In addition, a port may:

�� (a) Acquire and develop land, or develop land already owned, as the site for an industrial or research and development park, including as a part of such development provisions for water, sewage, drainage, roads, transportation, power, communication or other similar facilities which are incidental to the development of the site;

�� (b) Develop the site pursuant to a comprehensive plan in a manner compatible with other uses in the area in which the industrial or research and development park is located and adopt regulations necessary to implement the plan;

�� (c) Lease, sublease or sell tracts of land within an industrial or research and development park as building sites to any industry or commercial enterprise or profit or nonprofit enterprise described by this subsection; and

�� (d) Charge and collect fees for services made available within the industrial or research and development park.

�� (3) A port may acquire, construct, maintain or operate sports, recreation, convention and trade show facilities.

�� (4) For revenue bonding purposes under ORS 777.560 to 777.590, projects undertaken under this section shall be classified as either:

�� (a) Sales, if the port is to sell outright or by conditional sale its interest in the property, or, if by contract the port�s title to the property is retained for a limited term only;

�� (b) Leases, if the port is only to rent, lease, sublease or charge a user fee for the property with the intention of retaining title to, or possession of, the property for its future benefit and use; or

�� (c) Loans, if the port is to lend the proceeds of such revenue bonds and has no ownership interest in the property. [1971 c.728 �27 (enacted in lieu of 777.130); 1979 c.109 �2; 1979 c.407 �1a; 1983 c.459 �15; 1987 c.103 �2; 1997 c.171 �22]

�� 777.255 [Repealed by 1963 c.268 �21]

�� 777.258 General powers of port in promotion of certain interests. A port may, in general, do such other acts and things, not mentioned by ORS 777.195 to 777.258, as tend to promote the maritime shipping, aviation and commercial interests of the port. [1971 c.728 �28 (enacted in lieu of 777.130)]

�� 777.260 [Repealed by 1963 c.268 �21]

�� 777.262 Port dredging activities; legislative findings and purpose. (1) The Legislative Assembly finds:

�� (a) That recent changes in federal law authorize the United States Army Corps of Engineers to require ports and other local communities to provide a portion of the costs of dredging harbors and channels near those communities;

�� (b) That port districts and communities in this state cannot afford to pay the costs necessary to continue the dredging activities that are essential to keep the major harbors and waterways navigable for larger vessels in maritime trade; and

�� (c) That the State of Oregon must therefore pay for the dredging activities when ports cannot, or this state must tolerate the loss of maritime trade and commerce that will inevitably result from the halt of dredging activities.

�� (2) Therefore, it is the purpose of this section and one purpose of ORS 777.267 to provide a method of financing all or part of the nonfederal portion of the costs of dredging activities that constitute new federally authorized navigation improvements in the ports of this state when those ports are unable to finance the activities. [1989 c.1020 �1; 2013 c.621 �3]

�� Note: 777.262 and 777.267 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 777 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 777.265 [Repealed by 1963 c.268 �21]

�� 777.267 Marine Navigation Improvement Fund. (1) The Marine Navigation Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Marine Navigation Improvement Fund shall be credited to the fund. The moneys in the fund and interest earnings on the moneys in the fund are continuously appropriated to the Oregon Business Development Department for the Oregon Infrastructure Finance Authority for the purposes of:

�� (a) Paying a portion of the construction costs of dredging activities that constitute new federally authorized navigation improvement projects and are carried out in the harbors and channels on the Oregon coast and along the Columbia River when federal law or regulation requires a portion of the costs to be paid by nonfederal interests;

�� (b) Paying the study and construction costs of other new navigation improvement projects that directly support, or provide access to, a federally authorized navigation improvement project;

�� (c) Paying the study and construction costs of maintenance projects related to existing federally authorized navigation improvement projects; and

�� (d) Paying for portions of the cost of maintenance dredging projects undertaken with equipment owned by the State of Oregon at publicly owned ports and marinas.

�� (2) The Marine Navigation Improvement Fund established by this section consists of:

�� (a) Moneys appropriated or otherwise deposited into the fund by the Legislative Assembly;

�� (b) Repayment of loans made with moneys in the fund; and

�� (c) Bond proceeds deposited in the fund.

�� (3) Moneys in the fund shall be used primarily to make loans to ports for eligible projects. The authority may award a grant or provide other assistance from moneys in the fund to a port for an eligible project only if a loan is not feasible due to the financial hardship of the port or other special circumstances, as set forth in rules adopted by the department.

�� (4) Eligibility for assistance from the Marine Navigation Improvement Fund shall be limited to and funded, subject to the availability of funds, in the following order of priority:

�� (a) Maintenance projects related to existing federally authorized navigation improvement projects.

�� (b) Other new navigation improvement projects that directly support, or provide access to, a federally authorized navigation improvement project or a federally authorized navigation channel.

�� (c) New federally authorized navigation improvement projects.

�� (d) Payment of portions of the cost of maintenance dredging projects undertaken with equipment owned by the State of Oregon at publicly owned ports and marinas.

�� (5) The authority shall limit financial assistance for construction costs under subsection (1)(a) of this section to those projects that have completed all federally required studies.

�� (6) The authority shall limit financial assistance for construction costs under subsection (1)(b) of this section to projects sponsored by a port, as defined in ORS 777.005 or

ORS 777.430

777.430 (2). In addition, the port may provide that the bonds shall be payable from and secured by a lien and pledge of all or any part of the revenues derived by the port from the facilities constructed from the proceeds of the bonds. Bonds outstanding at any one time shall never exceed in the aggregate two and one-half percent of the real market value of all taxable property within the port, computed in accordance with ORS 308.207.

�� (b) A port may provide for the creation of special trust funds and may authorize the appointment of a trustee to administer such funds. A port may obligate itself to set aside and pay into a special trust fund any revenues pledged to the payment of bonds. A port, from available funds, may establish and fund debt service, operation and maintenance reserves.

�� (c) Proceeds from the sale of bonds may be used by a port to pay the costs incurred in issuing the bonds, to pay the costs of preliminary work incident to issuing and selling the bonds, including but not limited to planning, engineering, inspection, accounting, fiscal, legal, trustee and other similar expenses, to pay interest on the bonds for such time as the port may determine, but not exceeding six months beyond completion of the facilities financed with the bonds, and to establish reserves for debt service on the bonds.

�� (2) Without elector approval the board may, whenever it determines that an emergency exists, issue bonds, within the limitation provided by subsection (1) of this section, in an aggregate amount not exceeding $100,000 in any period of 12 months. Bonds shall not be issued under this subsection to provide funds for the acquisition of land. Bonds issued under this subsection shall be issued and sold in accordance with subsection (3) of this section but shall mature in such length of time, not exceeding five years, as the board determines.

�� (3) All bonds issued under this section shall be issued as prescribed in ORS chapter 287A. [Amended by 1957 c.375 �1; 1963 c.9 �37; 1965 c.223 �1; 1971 c.728 �71; 1973 c.127 �3; 1977 c.698 �1; 1981 c.94 �52; 1981 c.289 �1; 1985 c.773 �2; 1991 c.459 �439; 2007 c.783 �223]

�� 777.415 Resolution and election prerequisite to issuance of bonds. When it is proposed to borrow money or to sell and dispose of bonds as authorized by ORS 777.410 (1), a board shall first pass a resolution authorizing the borrowing of money and the issuance and sale of bonds. The resolution shall state the amount of money to be raised, the maximum rate of interest that the bonds will bear and the nature and terms of the bonds. The resolution also shall state the general purpose for which the moneys to be raised are to be used. The question of issuance of the bonds shall then be referred by the board to the electors of the port at a special election to be called for that purpose. The money raised shall be expended for no other purpose than that expressed in the resolution and the purpose shall be stated in the ballot title used in the election. A contract involving the expenditure of funds to be raised under ORS 777.410 (1) shall not be entered into by the board until the borrowing of the funds is approved by a majority of those voting on the question at the special election provided for by this section. [Amended by 1957 c.375 �2; 1971 c.647 �142; 1971 c.728 �72]

�� 777.420 [Repealed by 1957 c.375 �3]

�� 777.425 [Repealed by 1957 c.375 �3]

�� 777.430 Taxing powers of ports. (1) In carrying out the purposes of ORS 777.005 to 777.725 and 777.915 to

ORS 777.455

777.455 to 777.505, issue refunding bonds for the purpose of refunding and retiring all or any part of its outstanding bonds when the holders are willing to surrender such bonds. When judgment is taken against a port based on bonds and interest coupons issued by the port, refunding bonds may be issued to provide funds with which to pay such judgment. Such bonds may be issued, pursuant to an ordinance or resolution adopted by the board, without elector approval. Such bonds may be issued in the full amount of the outstanding bonds and any judgment on bonds and interest coupons less any sinking funds applicable thereto. The full faith and credit of the issuing port shall be pledged to the payment of the principal of and interest on each of such bonds. Debt limitations imposed by law do not apply to refunding bonds. [Amended by 1971 c.728 �77]

�� 777.460 Refunding bonds; terms and conditions; bond call. (1) The refunding bonds shall bear interest at a rate determined by the board, payable semiannually, and shall be in such denominations and mature at such times as determined by the board, but the bonds must all mature not later than 30 years after their date of issue.

�� (2) The board may provide that the bonds are subject to call and redemption prior to maturity, in numerical order, in inverse numerical order or in the entire amount of the issue outstanding. The bonds may be called only on interest-paying dates.

�� (3) Before calling bonds containing optional provisions, the port shall publish a notice of call in one issue of a newspaper specializing in financial matters published in New York, New York, at least 30 days before such interest-paying date.

�� (4) Callable refunding bonds, at the option of the board, may be called and retired or may be refunded again in accordance with the terms of the bonds and the provisions of ORS 777.455 to 777.505.

�� (5) Both the principal of the bonds and the interest thereon, when due, shall be paid in lawful money of the United States at the office of the treasurer of the issuing port, or at the fiscal agency of the State of Oregon in the City and State of New York, at the option of the board. [Amended by 1971 c.728 �78; 1981 c.94 �54]

�� 777.465 Disposition of refunding bonds. The refunding bonds may be exchanged par value for par value for the bonds they are issued to refund and may be issued and delivered to a judgment creditor in the amount of the judgment, or the bonds may be advertised for sale and sold for not less than the par value thereof.

�� 777.470 Levy of tax to meet principal and interest; amount required; disposition of proceeds of tax. Upon issuance of any refunding bonds the port board shall levy a tax sufficient to pay the principal and interest of such bonds at maturity. If the bonds are serial bonds the tax shall provide an amount of money sufficient to pay the next maturing installment of principal and the interest on the entire issue. If the bonds are issued as term bonds the tax shall be sufficient to raise an amount of money, which, if the same amount were raised each year thereafter for the life of the bonds, would produce a sum equal to the principal amount of the bonds so issued. The proceeds of taxes levied under this section shall be set aside when collected into a special fund and used for no other purpose than the payment of the bonds so issued. [Amended by 1971 c.728 �81]

�� 777.475 Remedies of holders of refunding bonds on default. If there is a default in payment of principal or interest of bonds issued pursuant to ORS 777.455, the holders thereof shall be reinvested with and have all the remedies they would have had if they were holding obligations refunded by the issuance of such bonds. [Amended by 1971 c.728 �82]

�� 777.480 Construction of ORS 777.455 to 777.505. The authority contained in ORS 777.455 to 777.505 is supplemental and in addition to all other powers granted to port districts to issue bonds. [Amended by 1971 c.728 �83]

�� 777.485 Compromise and refunding agreements; contents; subsequent procedure; effect. (1) A board may enter into agreement with the holders of its outstanding indebtedness providing for compromise of the indebtedness and the refunding thereof by the issuance of bonds under ORS 777.455. An agreement may provide for the amount of refunding bonds to be issued, the interest rate the bonds are to bear, the dates of maturity of the bonds and the amount of money to be raised by taxes each year to pay the principal of and interest on the bonds. When an agreement is entered into, a port shall have complete authority to issue bonds in accordance therewith.

�� (2) The board may provide in the ordinance authorizing such refunding bonds:

�� (a) For setting aside a sinking or other fund into a special trust fund for payment of the bonds.

�� (b) For the pledging of taxes and other revenues directly to the payment of the principal of or interest on the bonds or to the sinking fund.

�� (c) For limitations on subsequent borrowings by the port either in the nature of permanent debt or temporary financing.

�� (d) For limitations on the amounts of appropriations in subsequent budgets for operating expenses.

�� (3) A port has all necessary authority to carry out the terms and conditions so included in any such ordinance. The validity of the refunding bonds, however, shall not be dependent upon nor affected by the validity or regularity of the ordinance provisions enumerated in subsection (2) of this section. [Amended by 1971 c.728 �84]

�� 777.490 [Repealed by 1971 c.728 �138]

�� 777.495 [Amended by 1965 c.223 �2; repealed by 1971 c.728 �138]

�� 777.500 Advertisement of bonds; bids; rejection of bids; readvertisement; time of sale limited. (1) Refunding bonds shall be advertised for sale at least once each week for not less than two successive weeks in a newspaper of general circulation published within the port or, if there is no such newspaper, then in a newspaper published in the county in which the port is located.

�� (2) All bids for such bonds shall be in writing and be sealed and, unless the sale is made to the sinking fund of the particular port or to the State of Oregon, shall be accompanied by a certified check or a cashier�s check upon a bank doing business in this state for an amount of not less than two percent of the par value of the bonds for which the bid is submitted. Bids shall be opened publicly at the time and place specified in the advertisement. The bonds shall be sold for cash.

�� (3) If the bids for the purchase of the bonds are not satisfactory, the board may reject any and all of the bids and may readvertise for bids in the manner provided by this section.

�� (4) The date of sale shall not precede by more than four months the first succeeding date upon which the bonds to be refunded thereby will mature or may be called, redeemed or otherwise retired. [Amended by 1971 c.728 �79; 1981 c.94 �55]

�� 777.505 Delivery of bonds to purchaser; deposit of sale proceeds; redemption and retirement of refunded bonds. (1) Refunding bonds, upon payment therefor in cash, may be delivered to the purchaser thereof at any time after sale date, but not later than the date as of which the refunded bonds have been called for payment. The bonds shall be delivered at the place in the State of Oregon designated by the board in the notice of sale of the bonds.

�� (2) Proceeds of sale of the bonds equal to the total par value of the bonds refunded shall be deposited at the fiscal agency mentioned in ORS 777.460 in conformity with the laws relating to deposits of funds with the fiscal agency or, at the option of the issuing port, pursuant to ORS 295.001 to 295.108, in a special trust account to be used solely for the payment of the principal of the outstanding refunding bonds and for no other purpose.

�� (3) The outstanding refunded bonds shall be redeemed and retired as soon as possible after the date of sale of the refunding bonds issued in lieu thereof, but in no case shall such refunding bonds be invalidated by reason of the failure of the port to redeem or retire the refunded bonds. [Amended by 1967 c.451 �29; 1971 c.728 �80]

�� 777.510 Port warrants; execution; contents. A port board may issue warrants drawn upon any officer designated the custodian of money belonging to or credited to the port. Warrants shall be signed by the treasurer and countersigned by the president of the port or in the absence or inability of the president to act, by the vice president. Warrants shall show upon their face the nature and extent of the obligation satisfied. They may be used in payment of any obligation of the port, including expenses of operation, payment of the principal amount of port bonds at their maturity and in payment of interest or interest coupons of the bonds at the time the interest becomes due and payable. [Amended by 1971 c.728 �34]

�� 777.515 Payment of warrants; interest on warrants. (1) The treasurer of a port, or the treasurer of the county who is the legal custodian of funds belonging to or credited to a port, shall pay the warrants of the port when presented, if the treasurer has money in custody for the purpose of paying the obligation for which the warrant was given. The treasurer shall write on the face of the warrant the date of redemption and the treasurer�s signature.

�� (2) If there are no funds in the custody of the port treasurer to pay the warrant when presented, the port treasurer shall indorse thereon �Not Paid for Want of Funds� and the date of presentment over the signature of the port treasurer. The warrant shall draw interest at the legal rate from the date of such indorsement. Thereafter, the county treasurer, upon presentment of the warrant, shall pay upon the warrant any funds which may come into the county treasurer�s custody for the purpose of paying the obligation for which the warrant was issued and shall, over the signature of the county treasurer, indorse the amount of the payment upon the warrant with the date of the payment.

�� (3) However, a warrant drawn in payment of the principal or face amount of a port bond shall in no event draw interest in excess of the rate of interest expressed upon the face of the port bond, and the rate of such interest shall appear upon the face of the warrant. Interest on a warrant shall cease from the date of notice by publication in some newspaper printed or circulated in the county. Notice shall be given by the port treasurer authorized to redeem the warrant, stating that there are funds to redeem outstanding warrants. The treasurer shall give notice when the treasurer has $10,000 belonging to the fund. [Amended by 1971 c.728 �35]

�� 777.520 Special tax levy, rate, use of proceeds; bond sinking fund. (1) A port may assess, levy and collect each year in addition to other taxes which it is by law authorized to levy, a special tax upon all taxable real and personal property situated within the port.

�� (2) Such annual levy shall not exceed one-tenth of one percent. The proceeds thereof shall be used only in the purchase on the open market of bonds of the port, at such prices, as the board determines.

�� (3) All funds collected from such levy shall be placed in a separate fund, designated the bond sinking fund, and shall be used exclusively for the purposes provided by this section as long as the principal of any bond of the port remains outstanding or unpaid. After the principal of all bonds of the port has been paid, the balance remaining in such fund may be transferred to any other fund as the board may direct. [Amended by 1971 c.728 �85]

�� 777.525 [Repealed by 1971 c.728 �138]

�� 777.530 Special assessments for local improvement; assessment ordinance; assessment districts. (1) When a port constructs or acquires a local improvement which the port is authorized to construct or acquire, the board of that port may levy special assessments against property within the port in proportion to the benefits such property will receive on account of the construction or acquisition of the local improvement. However, before proceeding to construct or acquire a local improvement for which special assessments will be levied, the board shall adopt an ordinance that:

�� (a) Describes the local improvement to be constructed or acquired and the part of the work to be undertaken immediately;

�� (b) Contains a preliminary estimate of the probable cost of the local improvement;

�� (c) Determines the manner of financing the local improvement. The board may provide that the cost of the construction or acquisition shall be paid in part by assessments against the property directly benefited and in part out of general funds, ad valorem tax levies, the proceeds of the sale of bonds, service charges or any combination of such sources. The determination of the board as to the proportion of cost allocation shall be based on its sound discretion;

�� (d) Describes one or more assessment districts containing the properties against which the cost of the local improvement will be assessed;

�� (e) Provides for the method of assessment, the recording of assessment liens on properties that are directly benefited and for the making of supplemental assessments and rebates;

�� (f) Contains provision for a notice to be mailed to each affected property owner announcing the intention of the board to construct or acquire a local improvement, to create one or more assessment districts and to assess benefited property for a part or all of the cost; and

�� (g) Provides for a hearing not sooner than 20 days after the mailing of the notices described in paragraph (f) of this subsection at which affected property owners may appear to support or object to the proposed local improvement and assessment. The board shall consider such objections and may adopt, correct, modify or abandon the proposed local improvement or assessments.

�� (2) Special assessments in the port shall, so far as practicable, be apportioned within the port in accordance with the special and peculiar benefit each lot or parcel of land receives from the construction or acquisition of a local improvement.

�� (3) Special assessment districts authorized by this section may be established for, and limited to, financing the costs of planning and engineering required for the construction or acquisition of a local improvement.

�� (4) As used in this section, �local improvement� has the meaning given that term by ORS

ORS 777.530

777.530 and to the issuance of bonds and other obligations by the port. However, notwithstanding ORS 223.295, the limitation specified in ORS 777.410 (1)(a) on the amount of general obligation bonds outstanding at any one time applies to bonds and other obligations issued under this section. [1989 c.644 �3; 1991 c.902 �116; 1995 c.333 �21; 1997 c.249 �223]

�� Note: See note under 777.530.

�� 777.560 Ports may issue and sell revenue bonds; use of proceeds. (1) For the purpose of carrying into effect any of the powers granted to ports, a port may issue and sell revenue bonds in accordance with ORS 777.560 to 777.590 without the necessity of obtaining the prior approval of the electors of the port. Proceeds from the sale of revenue bonds may be used by the port in its governmental capacity or loaned to private parties. The proceeds may be used to cover the costs incurred in issuing the bonds, and preliminary work incident to carrying out such purposes and powers, including but not limited to planning, engineering, inspection, accounting, fiscal, legal and trustee expenses, the cost of issuance of bonds, engraving, printing, advertising and other similar expenses, and to pay interest on the outstanding bonds issued for any project during the period of actual construction and for six months after the completion thereof. Revenue bonds shall not be a general obligation of the port nor a charge upon the tax revenues of the port, nor a charge upon any other revenues or property of the port not specifically pledged thereto.

�� (2) In addition to the powers granted by subsection (1) of this section, a port may authorize and issue revenue bonds under ORS 287A.150. [1955 c.423 �2; 1959 c.337 �1; 1971 c.728 �86; 1993 c.97 �29; 2007 c.783 �225]

�� 777.565 Resolution or ordinance authorizing revenue bonds and creating special trust fund. (1) Revenue bonds issued under ORS 777.560 (1) shall be authorized by resolution or ordinance of the board. The resolution or ordinance shall provide for the creation of a special trust fund, authorize the appointment of a trustee to administer the fund, and obligate the port to set aside and pay into the special trust fund all, or a portion, of its nontax-derived revenues not otherwise pledged or committed for other purposes for any activity authorized by ORS 777.105 to 777.258, other than an activity under ORS 777.250 (4)(a) or (c). For a facility or facilities designated under ORS 777.250 (4)(a) or (c), no revenues other than those derived from the particular facility or facilities to be financed by the sale of the particular issue of revenue bonds then being authorized shall be pledged. The board may, in addition, pledge for the payment of the principal and interest of any issue of such bonds any property of the port not pledged for other purposes. However, with respect to revenue bonds issued to finance a facility or facilities designated under ORS 777.250 (4)(a) or (c), the board, in addition, may only pledge or mortgage such facilities including buildings, improvements or properties, and any land acquired in connection with such facilities, for the benefit of the holders of revenue bonds issued therefor. Notice that action upon the bond resolution or ordinance will be taken at the designated meeting of the board shall be given for a period of not less than two consecutive weeks, prior to the meeting, by publication once each week in a newspaper of general circulation, published within the port or, if there be no such newspaper, in a newspaper of general circulation, published within the county.

�� (2) A special trust fund created by a resolution or ordinance adopted under subsection (1) of this section shall be used solely for payment of principal and interest due upon the revenue bonds issued and sold pursuant to ORS 777.560 (1), and to the payment of the costs and expenses enumerated in ORS 777.560.

�� (3) The resolution or ordinance may provide that if the money in the special trust fund is insufficient to pay the revenue bonds the bonds shall be payable out of any part or all of other nontax-derived revenues of the port. However, for a facility or facilities designated under ORS 777.250 (4)(a) or (c), no revenues other than those derived from the particular facility or facilities to be financed by the sale of the particular issue of revenue bonds then being authorized shall be pledged. When all bonds issued and sold pursuant to ORS

ORS 777.953

777.953 and 777.990.

�� (3) ORS 777.530 and 777.535 apply to the Port of Portland and the Port of Portland has all powers granted to other ports under ORS 777.530 and 777.535.

�� (4) The Port of Portland shall do such things, perform such duties and exercise such powers as it may be authorized or empowered to do, perform or exercise by any Act of the legislature passed for that purpose, though not directly in amendment of this chapter. The powers granted by this chapter are in addition to other powers granted by law to the port.

�� (5) In addition to such other duties, functions and powers as may be imposed upon the Port of Portland, the port may make recommendations to the Oregon Board of Maritime Pilots. [1971 c.728 �116; 1987 c.775 �7; subsection (3) enacted as 1989 c.644 �5]

�� 778.010 District known as Port of Portland; boundaries; capacity to sue. The Portland metropolitan area is a separate district, to be known as the Port of Portland, and as such shall have perpetual succession, and by that name shall exercise and carry out all the powers and objects conferred on it by law. The port may sue and be sued, plead and be impleaded in all actions, suits or proceedings brought by or against it; provided, however, that the bonded or other indebtedness of the port that was chargeable to or a lien upon the property within the limits of the port:

�� (1) Prior to June 30, 1963, shall not be chargeable to or a lien upon all of that property which lies east of the east boundary line of range two east of the Willamette Meridian in Multnomah County; or

�� (2) Prior to June 30, 1973, shall not be chargeable to or a lien upon all that property lying within the boundaries of Clackamas and Washington Counties. [Amended by 1963 c.124 �1; 1973 c.178 �2; 2003 c.802 �152]

�� 778.015 Purposes and general powers of port. The object, purpose and occupation of the Port of Portland shall be to promote the maritime, shipping, aviation, commercial and industrial interests of the port as by law specifically authorized. Subject to ORS 778.016, the port may acquire, hold, use, dispose of and convey real and personal property, make any and all contracts the making of which is not by this chapter expressly prohibited. It may do any other acts and things which are requisite, necessary or convenient in accomplishing the purpose described or in carrying out the powers granted to it by law. The port may supply surface and air craft with fuel and other supplies at reasonable cost as may be for the best interests of the port. [Amended by 1959 c.362 �1; 1971 c.728 �104; 2013 c.689 �1]

�� 778.016 Best value standards for Port of Portland contracts and space leases. In awarding contracts and leasing spaces, the Port of Portland may establish best value standards and criteria, taking into account factors that include:

�� (1) Experience, technical capability and past performance.

�� (2) The qualifications, compensation and retention policies of bidding contractors and lessees with respect to the staff and subcontractors operating at the port.

�� (3) Potential local and regional benefit within the port, the surrounding community, the region and the state. [2013 c.689 �3]

�� 778.020 Acquisition of City of Portland property by port; assumption of bonds; election. (1) The Port of Portland may purchase or otherwise acquire all or any of the docks, wharves, elevators, terminals, dry docks and other properties of the City of Portland that are under the charge and control of the dock commission of the city.

�� (2) If the port purchases or otherwise acquires property as provided by subsection (1) of this section, the port may in payment therefor assume the payment of all or any part of the bonds, debentures and other obligations of the City of Portland issued, sold or incurred for the purpose of acquiring funds to construct, purchase or otherwise acquire the docks, wharves, elevators, terminals, dry docks or other properties. The aggregate amount of bonds, debentures and obligations so assumed shall not exceed a sum determined by the board to be the fair value of the property so acquired by the port. The limitation provided by ORS 778.030 shall not apply to bonds, debentures or other obligations assumed under this section.

�� (3) The authority granted by this section shall not be exercised without the prior approval of the electors residing within the port expressed at an election called and held within the port at which such question is submitted. [Amended by 1971 c.728 �105]

�� 778.025 Power to engage in certain commercial activities. For the use of the Port of Portland or for public convenience and the convenience of air transport, shipping, commercial and industrial development of the port and the waterfront of its harbors, rivers and waterways, the port may:

�� (1) Acquire by purchase, condemnation or other lawful method lands necessary for its use or to be improved for public convenience and the convenience of the air transport, shipping, commercial and industrial development of the port as well as all or any part of the waterfront of its harbors, rivers and waterways.

�� (2) Acquire by purchase, condemnation or other lawful method lands necessary or convenient for the purpose of depositing or dumping thereon earth, sand, gravel, rock or other material dredged or excavated, in the exercise of any of its powers, from any of the rivers or other waterways or lands within the boundaries or under the control of the port.

�� (3) Enlarge its tidal area, fill and reclaim lands, and make such disposition by use, conveyance, development or lease of lands so filled or reclaimed as it considers advisable.

�� (4) Construct, excavate and dredge canals and channels connecting its waterways with one another, with other waterways and with the sea.

�� (5) Purchase or otherwise acquire, construct, operate, maintain, lease, rent and dispose of airports, and their approaches, wharves, piers, docks, slips, warehouses, elevators, dry docks, terminals, buildings, and all other facilities and aids incident to the development, protection and operation of the port and of the air transport, shipping, commercial and industrial interests of the port, within the port, and collect wharfage, storage and other charges for the use of such facilities.

�� (6) Own, acquire, construct, purchase, lease, operate and maintain within the port lines of railroad, with sidetracks, turnouts, switches and connections with other lines of railroad, and streets, roads, water mains, sewers, pipelines, and also gas and electric conduits and lines which a utility is unwilling or unable to furnish, within or to or from the boundaries of the port; and carry and transport freight and passengers thereon and thereover for hire, and perform lighterage for hire.

�� (7) Acquire, own, lease, rent, operate, maintain and dispose of towboats, barges and other vessels for the transportation of cargo or passengers in maritime commerce on the Columbia and Snake Rivers and their tributaries, within or without the boundaries of this state.

�� (8) Acquire, own, lease, rent, operate, maintain and dispose of unit trains and related facilities for the transportation of bulk commodities to facilities within the port from locations within or without the port. [Amended by 1959 c.362 �2; 1967 c.548 �1; 1971 c.728 �106; 1973 c.178 �6; 1981 c.879 �4]

�� 778.030 Power to issue general obligation bonds; limitation; dedication of revenues; use of proceeds. (1) For the purpose of carrying into effect any of the powers granted to the Port of Portland, the port has the power to borrow money and to sell and dispose of bonds which shall constitute a general obligation of the port and be secured by the port�s full faith and credit. Such bonds outstanding at one time shall never exceed in the aggregate one and three-fourths percent of the real market value of all taxable property within the limits of the port, computed in accordance with ORS 308.207. In computing the total of bonds at any time outstanding, bonds issued for the purpose of providing funds to meet obligations assumed pursuant to ORS 778.020, shall not be included. The bonds shall be secured by the taxing power of the port as provided in ORS 778.065 (1). In addition, the port may provide that the bonds shall be payable from and secured by a lien and pledge of all or any part of the revenues derived by the port from the facilities constructed from the proceeds of the bonds.

�� (2) The port may provide for the creation of special trust funds and may authorize the appointment of a trustee to administer the same and may obligate itself to set aside and pay into a special trust fund any revenues pledged to the payment of the bonds. The port may establish and provide from available funds for the funding of debt service, operation and maintenance reserves.

�� (3) Proceeds from the sale of the bonds may also be used to pay the costs incurred in issuing the bonds, preliminary work incident to carrying out such powers, including but not limited to planning, engineering, inspection, accounting, fiscal, legal and trustee expenses and other similar expenses, and to pay interest on the bonds for such period as the port may determine, but not to exceed six months beyond completion of the facilities financed with the bonds, and to establish reserves for debt service on the bonds. [Amended by 1963 c.9 �39; 1971 c.702 �1; 1971 c.728 �107a; 1977 c.33 �1; 1991 c.459 �443]

�� 778.035 [Amended by 1971 c.728 �108; repealed by 1977 c.33 �2 (778.036 enacted in lieu of 778.035)]

�� 778.036 Issuance of bonds. Bonds authorized by ORS 778.030 shall be issued as prescribed in ORS chapter 287A. [1977 c.33 �3 (enacted in lieu of 778.035); 1981 c.94 �57; 1997 c.171 �26; 2007 c.783 �229]

�� 778.040 General obligation bond issues to be approved by electors. (1) General obligation bonds shall not be issued by the Port of Portland to provide funds for the establishment or operation of surface ship and air lines or for the payment of bonuses to either such line or lines without the approval of the electors of the port expressed at an election called and held within the port at which such question is submitted.

�� (2) Whenever the port issues general obligation bonds for purposes other than refunding general obligation bonds previously issued and for purposes other than providing funds to meet the obligations of the City of Portland assumed pursuant to ORS 778.020 in an aggregate amount equal to five percent of the present real market value of all the taxable property within the territorial limits of the port, no additional general obligation bonds shall be issued for purposes other than refunding general obligation bonds theretofore issued without the approval of the electors of the port expressed at an election within the port at which such question is submitted. [Amended by 1971 c.399 �1; 1997 c.461 �2]

�� 778.045 Amount of general obligation bonds issued in one year limited. The total amount of general obligation bonds issued by the Port of Portland in any calendar year, except for refunding bonds or bonds issued to provide funds to meet obligations assumed pursuant to ORS 778.020, shall not exceed $3 million unless a greater amount is approved by the electors of the port at an election at which such question is submitted. [Amended by 1971 c.728 �110; 1973 c.178 �7; 1997 c.461 �3]

�� 778.050 [Amended by 1971 c.728 �111; repealed by 1977 c.33 �4]

�� 778.055 [Amended by 1971 c.728 �112; repealed by 1977 c.33 �4]

�� 778.060 Expenditure of bond sale funds for operating expenses limited. The board shall not expend, within any one calendar year, from the funds derived from the sale of bonds, in excess of $500,000 to meet the operating expenses of the Port of Portland. As used in this section �operating expenses� means the maintenance of plant, structures and equipment and such dredging as may be required to preserve or restore at or to its artificial depth a channel previously excavated by the port. [Amended by 1971 c.728 �113]

�� 778.065 Port taxing power; annual limitation. The Port of Portland may each year assess, levy and collect taxes upon all taxable real and personal property situated within its boundaries as required:

�� (1) To pay principal and interest on bonds issued under ORS 778.030;

�� (2) To pay bonds, debentures and other obligations of the City of Portland assumed under ORS

ORS 778.020

778.020; and

�� (3) To pay all other expenses that may be incurred in the exercise of the powers granted to the port. [Amended by 1963 c.9 �40; 1971 c.701 �1; 1971 c.728 �143]

�� 778.068 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 �54]

�� 778.070 Tax levy. (1) Taxes authorized by ORS 778.065 shall be levied in each year and returned to the county officers whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and extended. The county officer whose duty it is to extend the county levy shall extend the levy of the Port of Portland in the same manner city taxes are extended.

�� (2) All taxes levied by the port are payable at the same time and shall be collected by the same officers as regular county taxes. The county officers collecting the taxes shall pay them to the treasurer of the port as provided by law. [Amended by 1971 c.728 �115]

�� 778.073 Recreational facilities; development; operation; maintenance. (1) The Port of Portland may construct, operate, equip and maintain public parks, marinas and other recreational facilities on land owned by the port when such facilities may be developed in conjunction with the exercise by the port of any of its other powers.

�� (2) The port may convey the land and recreational facilities developed under this section to a political subdivision or municipal corporation of this state in exchange for an agreement to operate and maintain the facilities solely for public recreational use.

�� (3) The port may enter into an agreement with a political subdivision or municipal corporation of this state for the operation and maintenance of recreational facilities. [1971 c.400 �2]

�� 778.075 [Repealed by 1971 c.728 �138]

�� 778.080 [Amended by 1963 c.145 �1; repealed by 1971 c.728 �138]

�� 778.085 Control over port waters and wharf lines; adoption and enforcement of navigational rules; authority to establish penalties; limitation. (1) To the full extent the State of Oregon might exercise control, or grant to the Port of Portland the right to exercise control, the port has full control of the rivers, harbors and waterways within its boundaries and between its boundaries and the sea.

�� (2) The port may make, change or abolish wharf lines of, in and for the rivers, harbors and waterways within its boundaries.

�� (3) As it considers convenient, requisite or necessary, or in the best interests of the maritime shipping or commercial interests of the port, the board may by ordinance make, modify or abolish regulations:

�� (a) For the use or navigation of the rivers, harbors and waterways mentioned in subsection (1) of this section; or

�� (b) For the placing of obstructions therein, or the removal of obstructions therefrom.

�� (4) The port may enforce the regulations by penalties or seek other appropriate remedies as the port considers necessary. Penalties are recoverable in the name of the port in any court of this state.

�� (5) This section does not authorize the port to cause the removal of bridges or other obstructions existing under a grant by this state. This section does not authorize the port to exclude cities other than the City of Portland from free access to the channel of either the Willamette or Columbia Rivers or the Oregon and the Columbia Sloughs, or the free use of the rivers or sloughs for navigation. [Amended by 1963 c.145 �2; 1971 c.728 �117; 2011 c.597 �301]

�� 778.090 Rights of riparian owners and owners of moorage facilities. Where it is necessary to widen the general channel or improve the navigation of the rivers or sloughs by requiring the removal or destruction of moorage facilities for houseboats, boathouses or pleasure craft in the rivers or sloughs, or by establishing or reestablishing wharf lines that have the effect of destroying or impairing the riparian rights of the adjoining owners, the adjoining owners or others owning the moorage facilities shall be reasonably compensated for the removal or destruction of the moorage facilities and for the destruction or impairment of the riparian rights; and shall not be required to remove or destroy the moorage facilities in absence of reasonable compensation therefor. The Port of Portland may acquire moorage facilities, riparian rights or the real property of adjoining owners by exercise of the power of eminent domain as provided in ORS 778.095. [Amended by 1953 c.713 �2; 1971 c.728 �118; 1973 c.203 �9]

�� 778.095 Eminent domain power. The Port of Portland may acquire, by condemnation or otherwise, private property necessary or convenient in carrying out any power granted the port. The right to acquire property by condemnation shall be exercised as provided by ORS chapter 35. [Amended by 1971 c.728 �119]

�� 778.100 Reclamation of lands within port limits; assessments; lien; hearing; appeal. (1) When the Port of Portland contemplates the filling or reclamation of any low, swamp or submersible land within its territory held in private ownership, it may provide by ordinance for assessment by the board of the damages and benefits to be sustained by and to accrue to the land by reason of the filling or reclamation. In making the assessment the question of channel frontage as well as filling shall be considered in assessing benefits. The ordinance may provide for payment of damages to the owner of the land and may provide for creation of a lien upon the land in favor of the port for the amount of benefits and for payment of the amount of the lien, either in cash or in installments, with interest thereon over a term of years.

�� (2) The ordinance shall provide for a hearing before the board to be held, upon due notice to all owners of and persons interested in the lands to be affected by the assessment, before the assessment is made.

�� (3) Any owner or person interested in any land affected, who is aggrieved by an assessment made under this section may appeal to the Circuit Court of Multnomah County for judicial review of the assessment. [Amended by 1969 c.594 �62; 1971 c.728 �120]

�� 778.105 Port required to contract for work and materials; dry docks; bids. (1) Except in cases of emergency and except for ordinary current repair work necessary from day to day, all material purchased for and all work done in, on or for any dry dock, dredge, boat, scow or other appliance to be built, owned or operated by the Port of Portland, when the purchase is made or the work is done by construction, alteration or general overhauling, shall be purchased or done by or under contract. Such contracts shall be let to the lowest competent and responsible bidder, after due advertisement for bids, in the manner usual and customary in the letting of contracts by public bidding, and under regulations prescribed by the port.

�� (2) Notwithstanding subsection (1) of this section or any other provision of law, the port may let a contract for the construction of a dry dock to the lowest competent and responsible bidder who submits a bid to construct the dry dock within the port, if:

�� (a) The bid of such bidder does not exceed by more than 10 percent the lowest bid for construction of the dry dock elsewhere; and

�� (b) In the opinion of the board, the public good will in any way be served thereby. [Amended by 1961 c.11 �1; 1971 c.728 �121; 1977 c.361 �1]

�� 778.110 Personnel; membership in retirement systems. (1) The Port of Portland may employ engineers, superintendents, mechanics, clerks and other persons as necessary or convenient in carrying on its work and fix their rates of compensation.

�� (2) No employee of the port shall become a member of the Public Employees Retirement System if membership of the employee in the system would result in coverage of the employee by, and contributions on the employee�s behalf by the port to, both a private pension system and the Public Employees Retirement System. [Amended by 1971 c.495 �1; 1971 c.728 �144]

�� 778.115 Improvement contracts with federal government. The Port of Portland may contract with the United States Government to do all or part of the work of making, maintaining, or both, a depth of water in the rivers, harbors and waterways within its boundaries and between its boundaries and the sea as determined by the federal government. The port may receive therefor compensation as agreed between the federal government and the port. [Amended by 1963 c.145 �3; 1971 c.728 �123]

�� 778.120 Operation of chapter upon rights of other entities within port limits. Nothing in this chapter is intended to grant the Port of Portland authority to interfere with or detract from the general rights and powers of a city or a school or road district that is located in whole or in part within the boundaries of the port. However, the port has full power to carry out and fulfill the purpose of its creation, and to exercise its power of assessing, levying and collecting taxes. [Amended by 1971 c.728 �124]

�� 778.125 Port assistance to other governmental units within port boundaries. Consistent with the purposes, functions and powers granted to it by law, the Port of Portland may provide research or technical assistance for the planning, promotion or implementation of commercial, industrial or economic development projects upon request by any city, county or municipal corporation within the port. [1977 c.45 �2]

REVENUE BONDS

�� 778.145 Issuance of revenue bonds; election; use of proceeds; status of bonds. (1) For the purpose of carrying into effect all or any of the powers granted to ports, the Port of Portland may from time to time issue and sell revenue bonds without the necessity of the electors of the port authorizing the same. Proceeds from the sale of such bonds may be used also to cover the costs incurred in issuing such bonds, and preliminary work incident to carrying out such purposes and powers, including but not limited to planning, engineering, inspection, accounting, fiscal, legal and trustee expenses, the cost of issuance of bonds, engraving, printing, advertising and other similar expenses, and to pay interest on the outstanding bonds issued for any project during the period of actual construction and for such period thereafter as the port may determine, and to establish, maintain or increase any reserves for debt service on the bonds and for working capital. Such revenue bonds shall not in any manner or to any extent be a general obligation of the port nor a charge upon any other revenues or property of the port not specifically pledged thereto.

�� (2) In addition to the power granted by subsection (1) of this section, a port may authorize and issue revenue bonds under ORS 287A.150. [1971 c.546 �2; 2007 c.783 �230]

�� 778.150 Ordinance authorizing revenue bonds; content; special trust funds; trustees; enforcement. (1) Revenue bonds issued under ORS 778.145 (1) shall be authorized at a meeting by ordinance of the board. The ordinance may provide for the creation of special trust funds and may authorize the appointment of a trustee to administer the same, and may obligate the Port of Portland to set aside and pay into a special trust fund for the purpose of securing revenue bonds, all or any portion of its revenues, regardless of the source from which derived, then existing or which thereafter come into existence, not otherwise pledged or committed for other purposes. The board may, in addition thereto, pledge or mortgage for the payment of the principal of and interest on and premium, if any, of any issue of such bonds any property of the port not pledged for other purposes. Notice that action upon the bond ordinance will be taken at the designated meeting of the board, shall be given for a period of not less than two consecutive weeks, prior to such meeting, by publication thereof once each week in a newspaper of general circulation, published within the corporate boundaries of the port or, if there be no such newspaper, by posting such notice for a period of not less than two weeks in three public places in the port.

�� (2) The money in any special trust fund created by an ordinance authorizing an issue of revenue bonds shall be used solely for the purposes provided therefor by the ordinance.

�� (3) The ordinance may obligate the port, and the port shall have power to fix, levy and collect such rates, rentals, fees and other charges for the use and services of all or any of its facilities, which revenues may be pledged to the payment of the principal of and interest on and premium, if any, of the revenue bonds or any of them and if so pledged shall be sufficient to produce revenues, along with other lawfully available funds, adequate to pay the costs of the operation, maintenance and repair of any or all port properties; to pay or provide for the payment of the principal of and interest on, and premium, if any, of such revenue bonds or any of them, including any reserves for such payment; and to produce such additional amount of revenues therefrom as the port may covenant with the holders of such revenue bonds.

�� (4) The ordinance may provide that in the event the money in a special trust fund is insufficient to pay the revenue bonds to be paid out of the fund, such revenue bonds shall be payable out of any part or all of other nonpledged revenues of the port. Whenever all bonds and expenses thereof have been paid so that no charge remains upon such special fund, the board may, by ordinance, transfer any balance remaining in such fund to its general fund, discharge the trustee, if any, and dissolve the special fund. Any trustee authorized to administer the fund, may, subject to approval of the board, invest and reinvest moneys in the special fund in any security or securities in which the State of Oregon may by law invest.

�� (5) If the board fails to set aside and pay revenues into a special trust fund as required by the ordinance authorizing the issuance and sale of the bonds secured by the fund, a holder of any of such bonds may bring suit against the port to compel compliance with the provisions of the ordinance in the circuit court of the county in which the port has its principal office. [1971 c.546 �3; 2007 c.783 �230a]

�� 778.155 Form and content of bonds. The revenue bonds issued and sold under ORS 778.145 (1):

�� (1) Shall be deemed to be for all purposes negotiable instruments, subject only to the provisions of the bonds for registration, and need not comply with requirements of the Uniform Commercial Code.

�� (2) May be issued in one or more series, bear such date or dates, mature at such times and in such amounts, be in such denomination or denominations, be payable at a designated place or places within or without the State of Oregon or at the fiscal agency of the State of Oregon, be equally and ratably secured without priority or be entitled or subject to such priorities on all or any portion of the revenues of the Port of Portland, and, notwithstanding any other provision of law to the contrary, bear such rate or rates of interest either fixed or variable under a formula fixed at the time of issuance, and contain such other terms, conditions and covenants as the board may authorize.

�� (3) Shall contain a recital that principal of and interest on and premium, if any, on the revenue bonds are payable solely out of revenues and property of the port pledged to the payment thereof by the ordinance of the board authorizing the issue of which the bonds are a part.

�� (4) May contain covenants of the port to protect and safeguard the security and rights of holders of any such bonds and such other terms and conditions, in conformity with ORS 778.145 to 778.175, which the board in its discretion determines are necessary or desirable to protect the port or increase the marketability of the bonds. ORS 778.145 to 778.175 and any such ordinance which constitutes a contract with the holders of the bonds, and the provisions thereof shall be enforceable by any holder or any number of holders of the bonds, as the board may determine.

�� (5) Shall be issued under ORS chapter 287A. However, the requirements of ORS 287A.150 do not apply to revenue bonds issued under this section. [1971 c.546 �4; 1981 c.879 �5; 1997 c.171 �27; 2007 c.783 �231]

�� 778.160 Borrowing in anticipation of bond sale; bond anticipation notes; content; sale. (1) The Port of Portland shall have the power, at any time and from time to time after the issuance of bonds under ORS 778.145 to 778.175 have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and within the authorized maximum amount of such bond issue.

�� (2) Bond anticipation notes shall be issued for all moneys so borrowed under the provisions of this section. Such notes may be issued for a period not exceeding one year and may be renewed from time to time for periods of not exceeding one year, but each such note, including renewals, shall mature and be paid not later than the fifth anniversary of the date the original note was issued. Such notes shall be authorized by ordinance of the board and shall be in such denomination or denominations, shall bear interest at such rate or rates approved by the board, shall be in such form and shall be executed in such manner, all as the board shall prescribe. Such notes may be sold at public or private sale in the manner and at such price or prices as the board shall determine, provided that if such notes be renewal notes, they may be exchanged for notes then outstanding on such terms as the board shall determine. [1971 c.546 �5]

�� 778.165 Sale of revenue bonds. The board may from time to time sell revenue bonds authorized to be issued and sold pursuant to ORS 778.145 to 778.175, at public or private sale, in the manner and at such price or prices as it shall determine. [1971 c.546 �6]

�� 778.170 Bonds as obligations of political subdivision. Revenue bonds including refunding revenue bonds issued under ORS 778.145 to 778.175 shall be considered to be bonds or obligations of a political subdivision of the State of Oregon for the purposes of all laws of the state. [1971 c.546 �7]

�� 778.175 Effect of ORS 778.145 to 778.175. ORS 778.145 to 778.175 is additional, alternative and supplemental authority for the Port of Portland and shall not abrogate any power, right or authority otherwise granted by law to the port. [1971 c.546 �8]

BOARD OF COMMISSIONERS OF THE PORT OF PORTLAND

�� 778.205 Board of commissioners; general powers. The power and authority given to the Port of Portland is vested in and shall be exercised by a board of nine commissioners. The board may exercise such powers, at regular or special meetings, as is usual and customary with similar bodies. [Amended by 1971 c.728 �125]

�� 778.210 Qualifications of members. (1) The board shall be composed of residents of the State of Oregon. The Governor shall make appointments to the board so as to assure that not fewer than two board members are residents of each county constituting the port district.

�� (2) A person is eligible for appointment as a commissioner of the Port of Portland who at the time of the appointment is a citizen of the United States and of the State of Oregon, and who has for one year immediately preceding appointment resided within the State of Oregon. [Amended by 1961 c.469 �1; 1971 c.403 �17; 1971 c.728 �126; 1973 c.178 �3; 1987 c.179 �1; 1997 c.461 �1]

�� 778.215 Appointment; confirmation; vacancies. (1) Upon the expiration of the term of a commissioner, a successor shall be appointed by the Governor, subject to confirmation as provided by ORS 171.562 and 171.565. Except as provided in ORS 778.220 and 778.235, appointees, when confirmed, shall hold office for a term of four years and until their respective successors have been appointed, confirmed and qualified.

�� (2) If a vacancy occurs by death, resignation or disqualification of a commissioner, the vacancy shall be filled by appointment by the Governor for the unexpired term subject to confirmation as provided by subsection (1) of this section. [Amended by 1969 c.695 �15; 1971 c.728 �127]

�� 778.220 Removal. If the Governor is at any time satisfied that a commissioner has been guilty of malfeasance in office, the Governor may file with the Secretary of State a written statement of the acts of the commissioner constituting the malfeasance. Thereupon the Secretary of State shall transmit a copy of the statement to the commissioner named and another copy to the clerk of the Circuit Court for Multnomah County. After the expiration of 10 days following the delivery of the statement to the commissioner a hearing shall be held before the court, of which hearing the commissioner is entitled to at least five days� notice. If upon the hearing the court determines that the commissioner has been guilty of malfeasance in office, written findings to that effect shall be made and filed by the court. Thereupon the commissioner shall be considered removed from office. The vacancy so created shall be filled as provided in ORS 778.215. [Amended by 1971 c.728 �128]

�� 778.225 Meetings; rules; quorum; executive committee. (1) The board shall hold at least one regular meeting in each month on a day to be fixed by it, and may hold special meetings as provided by the rules of the board. At all regular and special meetings a majority of the commissioners then members of the board constitutes a quorum.

�� (2) The board may create an executive committee of which every commissioner shall be a member and of which a number less than a majority, as the board may determine, may constitute a quorum for the transaction of business. The committee may hold its meetings under such rules as the board may prescribe. However, the executive committee has no power except as a committee and only as expressly conferred upon it by the rules of the board. In no event shall the committee exercise the general powers of the board. The board has no power to appoint or delegate any part of its power or authority to any committee except the executive committee. [Amended by 1971 c.728 �129]

�� 778.230 Board officers. (1) The Governor shall designate one member of the board as president of the board, who shall hold that office until removed from it by the Governor. The president of the board shall have the powers and perform the duties usual to the office of president.

�� (2) The president of the board shall designate from the other members of the board a vice president, treasurer and secretary of the board, who shall hold those offices until removed from them by the president. Each officer shall have the powers and perform the duties usual to the respective offices. [Amended by 1969 c.345 �19; 1971 c.728 �130; 1987 c.51 �1]

�� 778.235 Causes of vacancies; leaves of absence. (1) If a commissioner appointed pursuant to ORS 778.215 refuses to serve, ceases to have the qualifications required by ORS 778.210 (1) or fails to attend for the period of 60 successive days any of the regular or special meetings of the board regularly and duly called and held, the commissioner�s place on the board is vacant.

�� (2) The board may grant a leave of absence not exceeding three months to a commissioner unable to attend meetings of the board by reason of illness or continued absence from the City of Portland. [Amended by 1961 c.469 �2; 1971 c.728 �131]

�� 778.240 [Amended by 1971 c.728 �132; repealed by 2001 c.883 �1]

�� 778.245 [Amended by 1961 c.673 �1; 1971 c.728 �133; repealed by 1975 c.771 �33]

�� 778.250 [Repealed by 1971 c.728 �138]

�� 778.255 Enactment of port ordinances; effective date; passage; effect of referendum. (1) The board may legislate with respect to the internal affairs of the Port of Portland by the adoption of ordinances. Every ordinance enacted by the board shall be preceded by an enacting clause substantially as follows: �Be It Enacted by The Port of Portland.�

�� (2) Except as otherwise provided by this section, in order to be effective, all ordinances require the affirmative vote of a majority of the commissioners of the port at a meeting of the board duly and regularly held.

�� (3) Ordinances making appropriations, the annual tax levy and emergency ordinances take effect immediately upon passage. All other ordinances are subject to the referendum and shall become effective 30 days after enacted, unless a later date is fixed therein, in which event they shall take effect at a later date, subject to the referendum. Except for ordinances making appropriations and the annual tax levy, when an ordinance is enacted, a notice containing a concise summary of the ordinance and the location within the port where a copy of the complete ordinance may be obtained without charge shall, within five days after passage of the ordinance, be published at least once in a newspaper of general circulation within the port.

�� (4) Ordinances making appropriations and the annual tax levy and emergency ordinances shall be passed by an aye and nay vote. 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 the commissioners present, and of not less than seven commissioners, is required to pass an emergency ordinance.

�� (5) In case a referendum petition is filed against an ordinance or part thereof, the operation of the ordinance or part thereof shall be suspended pending the outcome of the referendum election. [Amended by 1971 c.170 �1; 1971 c.728 �134]

�� 778.260 Ordinances for regulating use of port properties; port peace officers; jurisdiction. (1) The board of the Port of Portland in accordance with ORS 198.510 to 198.600 may by ordinance adopt, amend or repeal regulations as convenient or necessary to provide for policing or regulating the use of properties owned, operated, maintained or controlled by the port and of facilities located at or in conjunction with these properties.

�� (2) The port may appoint peace officers who have all the powers and authority given by statute to peace officers of this state.

�� (3) This section does not limit the authority of a state, county or municipal peace officer to enforce state laws and city and county ordinances at properties owned, operated, maintained or controlled by the port and at facilities located at or in conjunction with these properties. [1955 c.425 ��1,2,3; 1971 c.268 �22; 1971 c.728 �135; 1979 c.102 �1; 2009 c.299 �2]

�� 778.270 Initiative and referendum procedures. (1) Except as provided in this section, the electors of the Port of Portland may exercise the powers of the initiative and referendum, with reference to ordinances of the board, in accordance with ORS 255.135 to 255.205.

�� (2) A referendum petition shall be filed not more than 30 days after the date the ordinance is adopted. [1973 c.178 �5; 1983 c.350 �327]

�� 778.405 [Repealed by 1971 c.728 �138]

�� 778.410 [Repealed by 1971 c.728 �138]

�� 778.415 [Repealed by 1971 c.728 �138]

�� 778.420 [Repealed by 1971 c.728 �138]

�� 778.425 [Repealed by 1971 c.728 �138]

�� 778.430 [Repealed by 1971 c.728 �138]

�� 778.435 [Repealed by 1971 c.728 �138]

�� 778.440 [Amended by 1963 c.9 �41; repealed by 1971 c.728 �138]

�� 778.445 [Amended by 1971 c.647 �144; repealed by 1971 c.728 �138]

�� 778.450 [Amended by 1971 c.647 �145; repealed by 1971 c.728 �138]

�� 778.455 [Repealed by 1971 c.728 �138]

�� 778.460 [Repealed by 1971 c.728 �138]

�� 778.465 [Amended by 1963 c.9 �42; repealed by 1971 c.728 �138]

�� 778.470 [Repealed by 1971 c.728 �138]

�� 778.475 [Repealed by 1971 c.728 �138]

�� 778.480 [Repealed by 1971 c.728 �138]

PENALTIES

�� 778.990 Penalties. Any person who violates an ordinance adopted by the board of the Port of Portland under ORS 778.085 or 778.260 commits a Class A misdemeanor. [1971 c.728 �136; 2011 c.597 �302]

CHAPTER 779

[Reserved for expansion]

ORS 810.050

810.050.

�� (5) A rule, resolution or ordinance adopted under this section shall fix the maximum loaded weight, length, width and types and classes of vehicles or combinations of vehicles that may be operated on the highway or highways or sections of highways described in the rule, resolution or ordinance.

�� (6) A duplicate original of a rule or resolution adopted by the Department of Transportation under this section and an amendment to or repeal of a rule or resolution by the department shall be filed with the Secretary of State. This subsection does not require an ordinance adopted by a city or county under this section to be filed with the Secretary of State.

�� (7) After the effective date of a rule, resolution or ordinance adopted under this section, a variance permit under ORS 818.200 is not required for the operation upon the described highway of a vehicle or combination of vehicles that is not in excess of the maximum loaded weight, length or width fixed by the rule, resolution or ordinance for vehicles or combinations of vehicles of that type or class.

�� (8) Penalties are provided under ORS 818.060 for violation of limits established under this section. [1983 c.338 �150; 1985 c.16 �48]

�� 810.070 Use of golf carts on highways; rules. A road authority, on any of its own highways that are located adjacent to a golf course, may permit the operation of golf carts between the golf course and the place where golf carts are parked or stored or located within or bounded by a real estate development. All of the following apply to the authority granted under this section:

�� (1) Exercise of the authority granted under this section must be by means of an ordinance.

�� (2) The authority granted under this section may only be exercised where the combined operation of golf carts and regular vehicle traffic can be accomplished safely.

�� (3) A road authority shall prescribe rules and shall regulate the combined operation of golf carts and vehicles when permitted under this section. The rules may establish speed limits and other operating standards but shall not require that golf carts conform with the vehicle equipment laws under the vehicle code.

�� (4) A designation of combined operation under this section or rules instituted under this section are effective when appropriate signs giving notice thereof are posted along the affected highway and are not effective before such posting.

�� (5) If a designation is made under this section to permit combined operation, the golf carts operated in accordance with the designation and rules adopted by the road authority qualifies for the exemptions under ORS 820.210.

�� (6) This section only applies to real estate developments that have single or multiple family residences whose owners or occupants are eligible for membership in or the use of one or more golf courses within the development by virtue of ownership or occupancy of a residential dwelling unit in the development.

�� (7) This section neither grants authority to nor limits the authority of the Department of Transportation. [1983 c.338 �151; 2003 c.757 �2]

�� 810.080 Pedestrian traffic. (1) Road authorities may regulate the movement of pedestrians upon highways within their jurisdictions by doing any of the following:

�� (a) Establishing marked crosswalks and designating them by appropriate marking.

�� (b) Closing a marked or unmarked crosswalk and prohibiting pedestrians from crossing a roadway where a crosswalk has been closed by placing and maintaining signs giving notice of closure.

�� (c) Prohibiting pedestrians from crossing a highway at any place other than within a marked or unmarked crosswalk.

�� (2) This section neither grants authority to nor limits the authority of the Department of Transportation. [1983 c.338 �152]

�� 810.090 Bicycle racing. Bicycle racing is permitted on any highway in this state upon the approval of, and under conditions imposed by, the road authority for the highway on which the race is held. [1983 c.338 �153]

�� 810.100 Restriction of animal traffic to bridle paths. Each incorporated community within this state has power, by law or ordinance duly enacted, to regulate the use of its streets by horses and other animals to the extent that bridle paths may be designated upon certain streets and the animals may be prohibited on other streets. [1983 c.338 �154]

�� 810.110 Designation of through highways and stop intersections. (1) Each road authority may do any of the following on its own highways:

�� (a) Designate a main traveled or through highway by placing traffic control devices at the entrances to the highway from intersecting highways to notify drivers to stop or yield the right of way before entering or crossing the designated highway.

�� (b) Designate intersections or other roadway junctions at which vehicle traffic on one or more of the highways should yield or stop before entering the intersection or junction.

�� (2) The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. [1983 c.338 �155]

�� 810.120 Designation of no passing zones. (1) Each road authority may do the following on its own highways:

�� (a) Determine where overtaking or passing or driving to the left of the center of the roadway would be especially hazardous; and

�� (b) Establish zones on the roadway where overtaking or passing or driving to the left of the center of the roadway are prohibited because such would be especially hazardous.

�� (2) To establish a zone under this section, a road authority must do all of the following:

�� (a) Determine that a need for a zone exists in accordance with standards and procedures adopted by the Department of Transportation.

�� (b) Mark the zone by appropriate signs or by a yellow unbroken line on the pavement of the right-hand side of and adjacent to the center line or a lane line of the roadway to indicate the beginning and end of the zone.

�� (3) Penalties are provided under ORS 811.420 for passing in a no passing zone designated under this section. [1983 c.338 �156]

�� 810.130 One-way highways; safety zones; turns. The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. Each road authority may do any of the following on its own highways, subject to any limitations described:

�� (1) Designate a highway or section or specific lane on a highway where vehicle traffic must proceed in one direction at all times or at times indicated by traffic control devices. A designation under this subsection shall become effective when appropriate signs are posted. The authority granted by this subsection is subject to the following limitations:

�� (a) A local authority shall not designate any highway within its boundaries as a one-way highway if the highway is under the jurisdiction of the commission unless the local authority first obtains the written consent of the commission.

�� (b) A city shall not designate any highway within its boundaries as a one-way highway if the highway is under the jurisdiction of a county unless the city first obtains the written consent of the county.

�� (2) Designate places on highways as safety zones and regulate and control traffic with respect to the safety zones. A designation under this subsection shall become effective when appropriate signs are posted.

�� (3) Where traffic conditions warrant, prohibit right or left turns at intersections or prohibit U-turns by all vehicles or by certain types of vehicles.

�� (4) Require and direct that a different course than that specified under ORS 811.340, 811.345 and 811.355 be traveled by vehicles at or proceeding through intersections. A requirement under this subsection is effective when appropriate traffic control devices are placed within or adjacent to the intersections.

�� (5) Designate locations on highways where vehicles operated by districts described under ORS chapter 267 for the purpose of providing public transportation or substantially similar vehicles used for the same purpose may proceed in directions prohibited to other traffic. Locations may be designated under this subsection only if an engineering study indicates that the movement may be made safely in the designated area. Designations under this subsection shall be effective when indicated by appropriate official traffic control devices. [1983 c.338 �157; 1985 c.16 �49]

�� 810.140 Designation of exclusive use lanes. (1) Any road authority may designate lanes on its own highways that are to be used exclusively by buses or high occupancy-use passenger vehicles for the purpose of conserving energy and facilitating public transportation.

�� (2) Any restriction or limitation imposed under this section must be imposed by proper order. The restriction or limitation is effective when appropriate signs giving notice of the restriction or limitation are erected. A sign giving notice of a restriction or limitation shall be maintained in a conspicuous manner and shall be placed at each end of the highway or section of highway affected by the restriction or limitation and at such other places as necessary to inform the public.

�� (3) Penalties are provided under ORS 811.265 for failure to obey signs giving notice of any limitations or restrictions imposed under this section. [1983 c.338 �158; 1985 c.16 �50]

�� 810.150 Drain construction; compliance with bicycle safety requirements; guidelines. (1) Street drains, sewer drains, storm drains and other similar openings in a roadbed over which traffic must pass that are in any portion of a public way, highway, road, street, footpath or bicycle trail that is available for use by bicycle traffic shall be designed and installed, including any modification of existing drains, with grates or covers so that bicycle traffic may pass over the drains safely and without obstruction or interference.

�� (2) The Department of Transportation shall adopt construction guidelines for the design of public ways in accordance with this section. Limitations on the applicability of the guidelines are established under ORS 801.030. [1983 c.338 �159]

(Parking)

�� 810.160 Controlling parking on highways; limitations. Except as otherwise provided in this section, each road authority has exclusive authority to regulate, control or prohibit the stopping, standing and parking of vehicles upon its own highways. The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. The authority granted in this section is subject to all of the following:

�� (1) The commission has exclusive authority to regulate, control or prohibit the stopping, standing and parking on all state highways:

�� (a) Within the corporate limits of a city except where the highway is routed over a city street under ORS 373.010.

�� (b) Within the corporate limits of any city if access to or from the section of highway and real property abutting thereon was restricted, controlled or prohibited by the commission before the section of highway was included within the corporate limits of the city.

�� (2) Road authorities other than the commission may permit angle parking on any highway where parking is subject to their jurisdiction under this section. For cities, this subsection includes authority to permit angle parking on any city street selected and designated as the route of a state highway under ORS 373.010 and, subject to the authority of the commission under this section, any state highway within the corporate limits of the city. This subsection does not allow any road authority to permit angle parking on a state highway if the commission determines that the highway is not of sufficient width to permit angle parking without interfering with the free movement of traffic.

�� (3) All regulations, restrictions or prohibitions imposed by the commission under this section shall be by resolution or order entered in the commission�s official records.

�� (4) Regulations, restrictions or prohibitions imposed by the commission under this section shall become effective and have the force of law when signs or markings giving notice thereof have been placed. To comply with this subsection, the commission shall place and maintain appropriate signs or markings at such places as may be necessary to inform the public and to give notice of all regulations, restrictions or prohibitions the commission establishes under this section.

�� (5) Penalties are provided under ORS 811.575 for violation of restrictions placed on state highways under this section. [1983 c.338 �160]

�� 810.170 Winter recreation parking locations; plowing; priorities; enforcement. (1) The Oregon Transportation Commission shall designate winter recreation parking locations throughout this state where parking is prohibited under ORS 811.590 except for vehicles exempted under that section and vehicles with winter recreation parking permits issued under ORS 811.595. The commission may identify access roads to winter recreation facilities, roadside plow-outs and other areas as winter recreation parking locations under this section. The commission shall designate winter recreation parking locations under this section after consultation with the Winter Recreation Advisory Committee established under ORS 802.350 and with land management agencies managing adjacent land.

�� (2) The commission shall establish priorities for plowing the winter recreation parking locations established under this section. The commission shall establish priorities under this section after consultation with the Winter Recreation Advisory Committee established under ORS 802.350. The Department of Transportation shall provide for the removal of snow accumulating on winter recreation parking locations established under this section according to the priorities established by the commission under this section. Snow removal provided for under this subsection may be performed by any of the following:

�� (a) By the department itself.

�� (b) By persons with whom the department contracts. If the department contracts with persons for the removal of snow under this paragraph payments under the contracts shall be made from funds designated for that purpose under ORS 802.110.

�� (3) The commission may enter into agreements with county or municipal law enforcement agencies or individual police officers for the enforcement of ORS 811.590. The commission shall only enter into agreements under this subsection after consultation with the Winter Recreation Advisory Committee established under ORS 802.350. [1983 c.338 �161]

(Speeds)

�� 810.180 Designation of maximum speeds; rules. (1) As used in this section:

�� (a) �Designated speed� means the speed that is designated by a road authority as the maximum permissible speed for a highway and that may be different from the statutory speed for the highway.

�� (b) �Statutory speed� means the speed that is established as a speed limit under ORS 811.111, or is established as the speed the exceeding of which is prima facie evidence of violation of the basic speed rule under ORS 811.105.

�� (2)(a) A designated speed established under this section is a speed limit if the highway for which the speed is designated is subject to a statutory speed limit under ORS 811.111 that is in addition to the speed limit established under ORS

ORS 810.560

810.560�� Certification and training of commercial vehicle inspectors

ROAD AUTHORITIES

(Jurisdiction)

�� 810.010 Jurisdiction over highways; exception. This section designates the bodies responsible for exercising jurisdiction over certain highways when the vehicle code requires the exercise of jurisdiction by the road authority. This section does not control where a specific section of the vehicle code specifically provides for exercising jurisdiction in a manner different than provided by this section. Except as otherwise specifically provided under the code, the responsibilities designated under this section do not include responsibility for maintenance. Responsibility for maintenance is as otherwise provided by law. The following are the road authorities for the described roads:

�� (1) The Department of Transportation is the road authority for all state highways in this state including interstate highways.

�� (2) The county governing body is the road authority for all county roads outside the boundaries of an incorporated city.

�� (3) The governing body of an incorporated city is the road authority for all highways, roads, streets and alleys, other than state highways, within the boundaries of the incorporated city.

�� (4) Any other municipal body, local board or local body is the road authority for highways, other than state highways, within its boundaries if the body or board has authority to adopt and administer local police regulations over the highway under the Constitution and laws of this state.

�� (5) Any federal authority granted jurisdiction over federal lands within this state under federal law or rule is the road authority for highways on those lands as provided by the federal law or rule. [1983 c.338 �145; 1985 c.16 �45]

�� 810.012 Jurisdiction over access to facilities and services from certain roads; rules. Notwithstanding any other provision of the Oregon Vehicle Code, the Oregon Transportation Commission, by rule, may establish procedures for, and certify to the Federal Highway Administration compliance with, 23 C.F.R. part 658 for roads under the authority of cities and counties. [1991 c.283 �2]

(Roads)

�� 810.020 Regulating use of throughway. (1) Each road authority may prohibit or restrict the use of a throughway in its jurisdiction by any of the following:

�� (a) Parades.

�� (b) Bicycles or other nonmotorized traffic.

�� (c) Motorcycles or mopeds.

�� (2) Regulation under this section becomes effective when appropriate signs giving notice of the regulation are erected upon a throughway and the approaches to the throughway.

�� (3) Penalties for violation of restrictions or prohibitions imposed under this section are provided under ORS 811.445.

�� (4) The Oregon Transportation Commission shall act as road authority under this section in lieu of the Department of Transportation. [1983 c.338 �146]

�� 810.022 Authorizing use of vehicles in parades. A road authority, on its own highways, may allow a person to use a vehicle that is otherwise prohibited from operating on the highways of this state if:

�� (1) The person is operating the vehicle in a parade;

�� (2) The vehicle is operated with the approval of and under the conditions imposed by the road authority; and

�� (3) The vehicle complies with vehicle weight and size limits established by federal or state statute or rule. [2023 c.545 �6]

�� 810.030 Imposition of restrictions on highway use; grounds; procedure; penalties. (1) A road authority may impose restrictions described under this section on its own highways as the road authority determines necessary to do any of the following:

�� (a) Protect any highway or section of highway from being unduly damaged.

�� (b) Protect the interest and safety of the general public.

�� (2) Restrictions that may be imposed under this section include any of the following:

�� (a) Prohibition of the operation of any or all vehicles or any class or kind of vehicle.

�� (b) Imposing limits on any weight or dimension of any vehicle or combination of vehicles.

�� (c) Imposing any other restrictions that the road authority determines necessary to achieve the purposes of this section. This paragraph does not grant authority to impose speed restrictions.

�� (3) Any restrictions or limitations imposed under this section must be imposed by proper order. The restrictions or limitations are effective when appropriate signs giving notice of the restrictions or limitations are erected. A sign giving notice of a restriction or limitation in an order shall be maintained in a conspicuous manner and shall be placed at each end of the highway or section of highway affected by the order and at such other places as is necessary to inform the public.

�� (4) Penalties are provided under ORS 818.130 for violation of restrictions imposed under this section. [1983 c.338 �147; 1985 c.16 �46]

�� 810.040 Designation of truck routes; limitations; penalties. Each road authority may designate any of its highways or any section of any of its highways as a truck route and may prohibit the operation of trucks, machinery or any other large or heavy vehicles upon any other of its highways that serves the same route or area served by the truck route designated. The authority granted under this section is subject to all of the following:

�� (1) The governing body of an incorporated city shall not designate a truck route or prohibit the operation of any vehicle on a:

�� (a) State highway that is within the boundaries of the city without the written consent of the Department of Transportation.

�� (b) County road that is within the boundaries of the city without the written consent of the governing body of the county.

�� (2) Any designation or prohibition made under authority of this section must be imposed by appropriate order, resolution or ordinance.

�� (3) A road authority exercising authority under this section shall erect and maintain signs in a conspicuous manner and place at each end of the highway or section of highway where a designation or prohibition is imposed to give notice of the prohibitions or designations imposed. The road authority shall erect and maintain signs giving notice of any prohibitions or designations imposed under this section at such other places as may be necessary to inform the public.

�� (4) A prohibition or designation imposed under this section is effective when signs giving notice thereof are posted as required by this section.

�� (5) Penalties are provided under ORS 811.450 for violation of requirements imposed under this section. [1983 c.338 �148]

�� 810.045 County roads; designation of safety corridors; penalties. (1) If the board of county commissioners of a county finds that a segment of county road within the county demonstrates a safety concern, the board may designate that segment as a safety corridor. The board of county commissioners for each county may designate no more than two safety corridors at one time. This section applies only to county roads for which the county is the road authority.

�� (2) A safety corridor designated under subsection (1) of this section must satisfy the criteria established by the board. Before designating a safety corridor the board shall:

�� (a) Establish objective criteria for designating a segment of highway as a safety corridor under this section; and

�� (b) Establish requirements for regular community engagement, heightened enforcement, engineering improvements, infrastructure investments and public outreach.

�� (3) Counties shall post signs in safety corridors designated by the board indicating that fines for traffic offenses committed in the safety corridor will be doubled.

�� (4)(a) The presumptive fine for a person charged with an offense that is listed in paragraph (d)(A) or (B) of this subsection and that is committed in a safety corridor designated by the board under this section shall be the amount established under ORS 153.020.

�� (b) The minimum fine for a person convicted of a misdemeanor offense that is listed in paragraph (d)(C) to (G) of this subsection and that is committed in a safety corridor designated by the board under this section is 20 percent of the maximum fine established for the offense.

�� (c) The minimum fine for a person convicted of a felony offense that is listed in paragraph (d)(C) to (G) of this subsection and that is committed in a safety corridor designated by the board under this section is two percent of the maximum fine established for the offense.

�� (d) This subsection applies to the following offenses if committed in the designated safety corridors:

�� (A) Class A or Class B traffic violations.

�� (B) Class C or Class D traffic violations related to exceeding a legal speed.

�� (C) Reckless driving, as defined in ORS 811.140.

�� (D) Driving while under the influence of intoxicants, as defined in ORS 813.010.

�� (E) Failure to perform the duties of a driver involved in a collision, as described in ORS

ORS 811.265

811.265 by failing to obey a traffic control device; or

�� (b) Violate the speed limit established in ORS 811.111 by 11 miles per hour or greater or violate the designated speed posted under ORS 810.180 by 11 miles per hour or greater.

�� (2) Cameras operated under this section may be mounted on street lights or put in other suitable places.

�� (3) A city that chooses to operate a camera shall:

�� (a) Provide a public information campaign to inform local drivers about the use of cameras before citations are actually issued; and

�� (b) Once each biennium, conduct a process and outcome evaluation for the purposes of subsection (4) of this section that includes:

�� (A) The effect of the use of cameras on traffic safety;

�� (B) The degree of public acceptance of the use of cameras; and

�� (C) The process of administration of the use of cameras.

�� (4) By March 1 of each odd-numbered year, each city that operates a camera under this section shall present to the Legislative Assembly the process and outcome evaluation conducted by the city under subsection (3) of this section. [1999 c.851 �1; 1999 c.1051 �327; 2001 c.474 �1; subsection (5) of 2001 Edition enacted as 2001 c.474 �3; 2003 c.14 �491; 2003 c.339 �1; 2005 c.686 �1; 2007 c.640 �1; 2011 c.545 �65; 2017 c.288 �3]

�� 810.435 Use of photographs. (1) Except as provided in subsection (2) of this section, photographs taken under ORS 810.434 may be submitted into evidence in a criminal trial, grand jury proceeding or other criminal proceeding for the purpose of proving or disproving a felony or a Class A misdemeanor.

�� (2) Photographs taken under ORS 810.434 may not be used in any criminal proceeding relating to the prosecution of a violation as described in ORS 153.008, other than for the purpose of proving or disproving a violation of:

�� (a) ORS 811.265;

�� (b) ORS 811.111 by 11 miles per hour or greater; or

�� (c) A designated speed posted under ORS 810.180 by 11 miles per hour or greater. [2001 c.474 �4; 2003 c.14 �492; 2003 c.339 �2; 2013 c.428 �1; 2017 c.288 �4]

�� 810.436 Citations based on photo red light; response to citation. (1) Notwithstanding any other provision of law, if a city chooses to operate a camera that complies with this section and ORS 810.434, a citation for violation of ORS 811.265 may be issued on the basis of photographs from a camera taken without the presence of a police officer if the following conditions are met:

�� (a) Signs are posted, so far as is practicable, on all major routes entering the jurisdiction indicating that compliance with traffic control devices is enforced through cameras.

�� (b) For each traffic control device at which a camera is installed, signs indicating that a camera may be in operation at the device are posted before the device at a location near the device.

�� (c) If the traffic control device is a traffic light, the yellow light shows for at least the length of time recommended by the standard set by the Institute of Transportation Engineers.

�� (d) The citation is mailed to the registered owner of the vehicle, or to the driver if identifiable, within 10 business days of the alleged violation.

�� (e) The registered owner is given 30 days from the date the citation is mailed to respond to the citation.

�� (f) A police officer or a duly authorized traffic enforcement agent who has reviewed the photograph signs the citation. The citation may be prepared on a digital medium, and the signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.

�� (2) Notwithstanding subsection (1) of this section, if the city issues a citation under ORS 810.437 for exceeding the speed limit under ORS 811.111 or designated speed posted under ORS 810.180 by 11 to 20 miles per hour, the city may not issue a citation under this section for violation of ORS 811.265 arising out of the same criminal episode, as defined in ORS 131.505.

�� (3) If the person named as the registered owner of a vehicle in the current records of the Department of Transportation fails to respond to a citation issued under subsection (1) of this section, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been given that the judgment will be entered.

�� (4) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation was issued and delivered as provided in this section.

�� (5) A person issued a citation under subsection (1) of this section may respond to the citation by submitting a certificate of innocence or a certificate of nonliability under subsection (7) of this section or any other response allowed by law.

�� (6) A citation for violation of ORS 811.265 issued on the basis of photographs from a camera installed as provided in this section and ORS 810.434 may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver if the driver is identifiable from the photograph.

�� (7)(a) A registered owner of a vehicle may respond by mail to a citation issued under subsection (1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of innocence swearing or affirming that the owner was not the driver of the vehicle and by providing a photocopy of the owner�s driver license. A jurisdiction that receives a certificate of innocence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy. The citation may be reissued only once, only to the registered owner and only if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation. A registered owner may not submit a certificate of innocence in response to a reissued citation.

�� (b) If a business or public agency responds to a citation issued under subsection (1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of nonliability stating that at the time of the alleged violation the vehicle was in the custody and control of an employee or was in the custody and control of a renter or lessee under the terms of a motor vehicle rental agreement or lease, and if the business or public agency provides the driver license number, name and address of the employee, renter or lessee, the citation shall be dismissed with respect to the business or public agency. The citation may then be reissued and delivered by mail or otherwise to the employee, renter or lessee identified in the certificate of nonliability.

�� (8) The penalties for and all consequences of a violation of ORS 811.265 initiated by the use of a camera installed as provided in this section and ORS 810.434 are the same as for a violation initiated by any other means.

�� (9) A registered owner or an employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the owner or the employee, renter or lessee from the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

�� (10)(a) As used in this section, �duly authorized traffic enforcement agent� means an individual who:

�� (A) Is employed, appointed and duly sworn in by the governing body of the incorporated city in which the agent performs the agent�s duties; and

�� (B) Has completed all necessary technical, administrative and other training to review photographs and issue citations under this section.

�� (b) Duly authorized traffic enforcement agents are not police officers. [1999 c.851 �2; 2001 c.104 �305; 2001 c.474 �2; 2001 c.535 �30a; 2003 c.14 �493; 2003 c.339 �3; 2005 c.686 �2; 2007 c.640 �2; 2017 c.288 �5; 2022 c.64 �1]

�� 810.437 Citations for speeding based on photo red light; response to citation. (1) Notwithstanding any other provision of law, if a city chooses to operate cameras that comply with this section and ORS 810.434, a citation for speeding may be issued on the basis of photographs from a camera and other technology, including but not limited to sensors, that measure the speed of a vehicle without the presence of a police officer if the following conditions are met:

�� (a) Signs are posted, so far as is practicable, on all major routes entering the jurisdiction indicating that compliance with traffic laws is enforced through cameras and other technology.

�� (b) For each traffic control device at which a camera is installed, signs indicating that a camera system may be in operation at the traffic control device are posted before the device at a location near the device.

�� (c) The citation is mailed to the registered owner of the vehicle, or to the driver if identifiable, within 10 business days of the alleged violation.

�� (d) The registered owner is given 30 days from the date the citation is delivered to respond to the citation.

�� (e) A police officer or a duly authorized traffic enforcement agent who has reviewed the photograph and other data signs the citation. The citation may be prepared on a digital medium, and the signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.

�� (f) The person exceeded the speed limit or designated speed by 11 miles per hour or greater.

�� (2) If the person named as the registered owner of a vehicle in the current records of the Department of Transportation fails to respond to a citation issued under subsection (1) of this section, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been given that the judgment will be entered.

�� (3) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation was issued and delivered as provided in this section.

�� (4) A person issued a citation under subsection (1) of this section may respond to the citation by submitting a certificate of innocence or a certificate of nonliability under subsection (6) of this section or any other response allowed by law.

�� (5) A citation issued under this section on the basis of photographs from a camera installed as provided in this section and ORS 810.434 may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver if the driver is identifiable from the photograph.

�� (6)(a) A registered owner of a vehicle may respond by mail to a citation issued under subsection (1) of this section by submitting, within 30 days from delivery of the citation, a certificate of innocence swearing or affirming that the owner was not the driver of the vehicle and by providing a photocopy of the owner�s driver license. A jurisdiction that receives a certificate of innocence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy. The citation may be reissued only once, only to the registered owner and only if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation. A registered owner may not submit a certificate of innocence in response to a reissued citation.

�� (b) If a business or public agency responds to a citation issued under subsection (1) of this section by submitting, within 30 days from delivery of the citation, a certificate of nonliability stating that at the time of the alleged violation the vehicle was in the custody and control of an employee or was in the custody and control of a renter or lessee under the terms of a motor vehicle rental agreement or lease, and if the business or public agency provides the driver license number, name and address of the employee, renter or lessee, the citation shall be dismissed with respect to the business or public agency. The citation may then be reissued and delivered by mail or otherwise to the employee, renter or lessee identified in the certificate of nonliability.

�� (7) The penalties for and all consequences of a speeding violation initiated by the use of a camera installed as provided in this section and ORS 810.434 are the same as for a violation initiated by any other means.

�� (8) A registered owner or an employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the owner or the employee, renter or lessee from the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

�� (9)(a) As used in this section, �duly authorized traffic enforcement agent� means an individual who:

�� (A) Is employed, appointed and duly sworn in by the governing body of the incorporated city in which the agent performs the agent�s duties; and

�� (B) Has completed all necessary technical, administrative and other training to review photographs and other data and issue citations under this section.

�� (b) Duly authorized traffic enforcement agents are not police officers. [2017 c.288 �2; 2022 c.64 �2]

(Photo Radar)

�� 810.438 Photo radar. (1) A city at its own cost may operate photo radar.

�� (2) A photo radar system operated under this section:

�� (a) May be used on streets in residential areas or school zones.

�� (b) May be used in other areas if the governing body of the city makes a finding that speeding has had a negative impact on traffic safety in those areas.

�� (c) May not be used on controlled access highways.

�� (d) May not be used unless a sign is posted announcing �Traffic Laws Photo Enforced.� The sign posted under this paragraph must:

�� (A) Be on the street on which the photo radar unit is being used;

�� (B) Be between 100 and 400 yards before the location of the photo radar unit;

�� (C) Be at least two feet above ground level; and

�� (D) If posted in a school zone not otherwise marked by a flashing light used as a traffic control device, indicate that school is in session.

�� (3) A city that operates a photo radar system under this section shall, once each biennium, conduct a process and outcome evaluation for the purposes of subsection (4) of this section that includes:

�� (a) The effect of the use of the photo radar system on traffic safety;

�� (b) The degree of public acceptance of the use of the photo radar system; and

�� (c) The process of administration of the use of the photo radar system.

�� (4) By March 1 of each odd-numbered year, each city that operates a photo radar system under this section shall present to the Legislative Assembly the process and outcome evaluation conducted by the city under subsection (3) of this section. [1995 c.579 �1; 1997 c.280 �1; 1999 c.1071 �1; 2005 c.686 �3; 2007 c.634 �1; 2010 c.30 �9; 2011 c.545 �66; 2015 c.138 �25; 2023 c.33 �1]

�� 810.439 [1995 c.579 �2; 1997 c.280 �2; 1999 c.1051 �142; 1999 c.1071 �2; 2005 c.22 �516; 2005 c.686 �4; 2007 c.634 �2; repealed by 2024 c.82 �4]

�� 810.440 [1983 c.338 �403; 1985 c.16 �213; 1999 c.1051 �290; renumbered 810.448 in 2013]

�� 810.441 Photo radar; highway work zones. (1) The Department of Transportation may operate photo radar within a highway work zone that is located on a state highway. The photo radar unit may be operated only:

�� (a) In the area within a highway work zone when highway workers, as defined in ORS 811.230, are present. The photo radar unit may not be operated in a location more than 100 yards from where highway workers are present and, in the case of a divided state highway, the photo radar unit must be located on the same roadway where highway workers are present.

�� (b) When the configuration of the roadway is temporarily changed, including but not limited to temporary changes made to the number of usable lanes, lane width, shoulder width or curvature of the roadway. The photo radar unit may not be operated in a location more than 100 yards from where the configuration of the roadway is temporarily changed and, in the case of a divided state highway, the photo radar unit must be located on the same roadway where the highway configuration is temporarily changed.

�� (2) The department, at its own cost, may ask a jurisdiction authorized to operate photo radar under ORS 810.438 (1) or the Oregon State Police to operate a photo radar unit in a highway work zone on a state highway.

�� (3) A photo radar unit operated under this section may not be used unless a sign is posted announcing that photo radar is in use. The sign posted under this subsection must be all of the following:

�� (a) Located on the state highway on which the photo radar unit is being used.

�� (b) Between 100 and 400 yards before the location of the photo radar unit.

�� (4) The department shall, once each biennium, conduct a process and outcome evaluation for the purposes of subsection (5) of this section that includes:

�� (a) The effect of the use of photo radar on traffic safety;

�� (b) The degree of public acceptance of the use of photo radar; and

�� (c) The process of administration of the use of photo radar.

�� (5) The department shall report to the Legislative Assembly by March 1 of each odd-numbered year.

�� (6) As used in this section, �highway work zone� has the meaning given that term in ORS

ORS 811.530

811.530 and 815.285. The rules shall include requirements for the placement and use of such warning devices to provide warning of disabled vehicles. [1985 c.16 �230]

�� 815.040 Standards for window and windshield material. (1) The Department of Transportation shall establish standards for safety glazing material used in vehicle windows and windshields including standards for any glazing material so constructed, treated or combined with other materials as to reduce substantially, in comparison to ordinary sheet or plate glass, the likelihood of injury to persons by broken or cracked glass or by objects from external sources.

�� (2) The standards established under this section shall conform, insofar as practical, to safety standards and specifications for safety glazing material issued by the federal government.

�� (3) Prohibitions and penalties relating to the standards established under this section are provided under ORS 815.090 and 815.210.

�� (4) The standards established under this section may not restrict the installation and use of window tinting material that meets the requirements of ORS 815.221. [1983 c.338 �440; 1989 c.402 �3; 1995 c.263 �5; 2003 c.14 �498; 2003 c.158 �3]

�� 815.045 Rules for use of traction tires, retractable studded tires and chains; signs. (1) The Oregon Transportation Commission shall adopt rules necessary to carry out ORS 815.140 and 815.142. The rules adopted by the commission:

�� (a) Shall establish the various types of conditions under which vehicle traction tires or chains must be used or carried.

�� (b) Shall define types of vehicle traction tires or chains that may be used or carried under various road conditions. The commission rules under this paragraph shall comply with the following:

�� (A) Traction tire shall be defined to include any tire that meets traction standards established by the Department of Transportation.

�� (B) Retractable studded tires or tires with studs that are permitted under ORS 815.165 shall be allowed as traction tires under the rules.

�� (C) The department may require that traction tires without studs bear identifying marks, defined by the department, that indicate that the tire was manufactured specifically for adverse weather conditions.

�� (D) Chains shall be defined to include link chains, cable chains or any other device that attaches to the wheel, vehicle or outside of the tire and that augments the traction of a vehicle.

�� (E) Retractable studded tires shall be defined to include tires with embedded studs that project beyond the tread surface only when a vehicle operator extends the studs to augment the traction of the vehicle.

�� (c) Shall establish signs to be posted under conditions that require vehicle traction tires or chains to be used or carried.

�� (d) May establish types or classes of vehicles that are exempt from requirements to use or carry vehicle traction tires or chains under certain conditions if the commission determines that the operation of the class or type of vehicle would be safe under those conditions.

�� (2) A road authority shall:

�� (a) Determine when conditions on a segment of highway require a person to use or carry vehicle traction tires or chains as defined by the commission;

�� (b) Determine which segments of a highway shall be posted as described under this section to require a person to use or carry vehicle traction tires or chains; and

�� (c) Provide for the placement and removal of signs requiring a person to use or carry vehicle traction tires or chains. [1983 c.338 �441; 1985 c.16 �231; 1993 c.741 �86; 1997 c.493 �1; 2007 c.406 �1; 2021 c.630 �97]

�� 815.050 [1983 c.338 �442; 1985 c.16 �232; 1993 c.751 �73; repealed by 1995 c.492 �8]

�� 815.052 Rules establishing standards for protective headgear. The Department of Transportation shall adopt and enforce rules establishing minimum standards and specifications for safe protective headgear to be worn by people operating bicycles, by passengers on bicycles and by people riding on skateboards or scooters or using in-line skates. The rules shall conform, insofar as practicable, to national safety standards and specifications for such headgear. [1993 c.408 �6; 2003 c.106 �2; 2005 c.141 �1]

�� 815.055 Rules establishing standards for safety belts, harnesses and child safety systems. (1) The Department of Transportation shall adopt and enforce rules establishing minimum standards and specifications for the construction and installation of safety belts, safety harnesses or child safety systems and anchors or other devices to which safety belts, safety harnesses or child safety systems may be attached and secured. The rules adopted under this subsection are subject to the following:

�� (a) The rules that establish minimum standards and specifications for child safety systems required and regulated under this section and ORS 811.210 and 815.080 shall conform to the standards for child safety systems established by the federal government. Child safety systems are required to meet those standards in effect at the date of manufacture.

�� (b) All rules adopted under this subsection shall conform to the regulations and standards established by the federal government relating to safety belt assemblies that are applicable to motor vehicles at the date of manufacture.

�� (2) The department may purchase in the market and test or submit to testing laboratories any safety belt, safety harness, child safety system or anchor or other device. The department shall enforce the penalties under ORS 815.080 if it determines that the belt, harness, child safety system or anchor or other device does not conform to the minimum standards established under this section.

�� (3) Prohibitions and penalties relating to sale and use of equipment subject to this section are provided under ORS 811.210 and 815.080. [1983 c.338 �443; 1985 c.16 �233; 1989 c.402 �4; 1993 c.751 �74; 2001 c.679 �2; 2003 c.158 �9]

�� 815.060 Rules establishing standards for slow-moving vehicle emblems. The Department of Transportation shall adopt rules for slow-moving vehicle emblems for purposes of ORS 815.110 and 815.115. The rules adopted under this section shall:

�� (1) Require a slow-moving vehicle emblem that is reflectorized or fluorescent and that is of a standard type.

�� (2) Establish design and mounting requirements that the emblem must meet.

�� (3) Conform to the nationally accepted standards for slow-moving vehicle emblems. [1983 c.338 �444]

�� 815.065 Rules establishing standards for hydraulic brake fluid. The Department of Transportation shall adopt and enforce rules for the purpose of regulation of hydraulic brake fluid under ORS 815.085. The rules shall establish standards and specifications and labeling requirements for hydraulic brake fluid and other liquid mediums through which force is transmitted to the brakes in the hydraulic brake system of a vehicle. The rules, in so far as practicable, shall conform to safety standards and specifications for brake fluids issued by the federal government and to the current standards and specifications of the Society of Automotive Engineers applicable to such fluid. The department shall publish rules adopted under this section. Penalties and prohibitions relating to the rules are as provided under ORS 815.085. [1983 c.338 �446; 1989 c.402 �5; 2003 c.158 �12]

�� 815.070 Road warning signals for tow vehicles or wreckers. The Oregon Transportation Commission shall prescribe warning signs or signals for placement on roadways by tow vehicles or wreckers under ORS 822.220. [1983 c.338 �449; 1985 c.16 �236; 1987 c.119 �2]

PROVIDING UNLAWFUL EQUIPMENT

�� 815.075 Selling vehicles or equipment that violates rules; exemptions; penalty. (1) A person commits the offense of selling vehicles or equipment that violates state equipment administrative rules if the person sells or offers for sale any vehicle or sells or offers for sale for use upon a vehicle or uses on any vehicle any equipment if the vehicle or equipment:

�� (a) Does not conform to standards established by the Department of Transportation by rule under ORS 815.030; and

�� (b) Does not bear thereon proof of certification that it complies with the applicable standards.

�� (2) Proof of certification required under this section may be made in any manner provided under ORS 815.030.

�� (3) This section is subject to the following exemptions in addition to any exemptions under ORS

ORS 815.555

815.555�� Tampering with a vehicle metering system; penalty

GENERAL PROVISIONS

�� 815.005 Consistent parts and equipment authorized. Nothing in the vehicle code shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of the vehicle code. [1983 c.338 �434]

�� 815.010 Compliance with standards for equipment; federal standards to supersede state. (1) Testing requirements for equipment standards adopted under the vehicle code shall be met by the manufacturer submitting a report from a laboratory approved by the Department of Transportation showing compliance with the current federal regulations or the standards of the Society of Automotive Engineers, the American National Standards Institute or the National Institute of Standards and Technology. This subsection supersedes any provision to the contrary in the vehicle code.

�� (2) A federal vehicle safety standard that conflicts with an equipment provision of the vehicle code applicable to the same aspect of performance shall supersede that specific provision of the vehicle code with respect to vehicles in compliance with the federal vehicle safety standard that was in effect at the time of sale. [1983 c.338 �435; 1985 c.16 �228; 1989 c.402 �2; 1991 c.67 �221; 2003 c.14 �497; 2003 c.158 �1]

�� 815.015 Department inspection of vehicles for compliance. The Department of Transportation may at any time inspect any vehicle to determine its compliance with the equipment provisions and other provisions of the vehicle code. [1983 c.338 �436]

�� 815.020 Operation of unsafe vehicle; penalty. (1) A person commits the offense of operation of an unsafe vehicle if the person does any of the following:

�� (a) Drives or moves on any highway any vehicle which is in such unsafe condition as to endanger any person.

�� (b) Owns a vehicle and causes or knowingly permits the vehicle to be driven or moved on any highway when the vehicle is in such unsafe condition as to endanger any person.

�� (2) The offense described in this section, operation of an unsafe vehicle, is a Class B traffic violation. [1983 c.338 �437]

�� 815.025 Causing unreasonable noise with vehicle; penalty. (1) A person commits the offense of causing unreasonable noise with a vehicle if the person operates upon any highway any motor vehicle so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle.

�� (2) The offense described in this section, causing unreasonable noise with a vehicle, is a Class D traffic violation. [1983 c.338 �438; 1987 c.158 �171; 1995 c.383 �22]

AUTHORITY TO ESTABLISH STANDARDS

�� 815.030 State vehicle equipment standards. (1) The Department of Transportation shall adopt and enforce minimum standards for vehicle performance or vehicle equipment performance consistent with this section.

�� (2) Standards adopted by the department under this section shall be consistent with any vehicle standards established under federal regulations or under standards of the Society of Automotive Engineers, the American National Standards Institute or the National Institute of Standards and Technology.

�� (3) As federal regulations concerning vehicle equipment are subsequently amended or repealed the department may consider subsequent federal vehicle safety standards and adopt standards with respect to any vehicle or item of vehicle equipment applicable to the same aspect of performance of such vehicle or item of equipment if the department determines that the subsequent federal standards are practicable, provide an objective standard and meet the need for vehicle safety.

�� (4) Standards adopted by the department under this section supersede any equipment provision of the vehicle code applicable to the same aspect of performance that conflicts with a specific provision of a standard adopted by the department under this section with respect to compliance with safety standards in effect at the time of sale.

�� (5) The department shall continue to adopt equipment standards as required under other sections of the vehicle code if there is no standard under this section.

�� (6) Proof of certification of equipment under this section may be in the form of a symbol or designation prescribed in federal standards or if there is no federal symbol or designation, by a symbol or designation acceptable to the department.

�� (7) Compliance with any requirements for equipment under this section is subject to ORS

ORS 816.330

816.330 the headlights shall be equally distributed on each side of the front of the vehicle. This subsection does not apply to motorcycles and mopeds.

�� (2) Headlights shall show a continuously burning light except that:

�� (a) When permitted under ORS 814.320, headlights for motorcycles or mopeds may have an upper beam that can be modulated between a high and lower brightness at a rate of 200 to 280 pulses per minute.

�� (b) A federally approved headlight flashing system may be used as emergency vehicle lights on police vehicles, fire vehicles, organ transport vehicles, emergency vehicles or ambulance vehicles.

�� (3) Headlights shall show a white light described in Standard Number 108 of the Federal Motor Vehicle Safety Standards.

�� (4) Headlights shall show the light forward.

�� (5) The Department of Transportation shall adopt and enforce rules establishing minimum standards and specifications for headlights. The rules shall conform, insofar as practicable, to safety standards and specifications for vehicle lighting issued by the federal government or to standards and recommendations established by the Society of Automotive Engineers.

�� (6) When multiple beam headlights are used or when headlights are used in combination with auxiliary lights or passing lights, the lights shall be arranged on the vehicle so that the selection between distributions of light projected to different elevations may be selected by the driver at will or so that the selection can be made automatically.

�� (7) Headlights shall be aimed in accordance with rules adopted by the department. If headlights provide only a single distribution of light and are not supplemented by auxiliary lights, the single beam headlights shall be so aimed that when the vehicle is not loaded, none of the high intensity portion of the light shall, at a distance of 25 feet ahead of the vehicle, project higher than five inches below the level of the center of the lamp from which it comes, or higher than 42 inches above the level on which the vehicle stands at a distance of 75 feet ahead of the vehicle.

�� (8) The intensity of the light of single beam headlights shall be sufficient to reveal persons and vehicles upon a street or highway at a distance of at least 200 feet ahead of the vehicle to which they are attached.

�� (9) Headlights that are required under ORS 816.320 and 816.330 must be mounted, adjusted and aimed in accordance with standards adopted by the department under ORS 816.010.

�� (10) Headlights that are required under ORS 816.320 and 816.330 and any part for such headlight that tends to change the original design or performance must be of a type that complies with standards adopted by the department under ORS 816.010.

�� (11) Single beam headlights that are not supplemented by auxiliary lights shall be permitted on a motor vehicle in lieu of multiple beam headlights only if the single distribution of lights complies with any requirements for single beam headlights under this section.

�� 816.060 Auxiliary lights. (1) As used in this section, �auxiliary lights� means low beam auxiliary lights.

�� (2) When auxiliary lights are used in combination with headlights, the combination of lights shall be arranged on the vehicle so that the selection between distributions of light projected to different elevations may be selected by the driver at will or so that the selection can be made automatically.

�� (3) Auxiliary lights shall be wired in accordance with rules adopted by the Department of Transportation.

�� (4) Auxiliary lights shall be mounted, adjusted and aimed in accordance with rules adopted by the department.

�� (5) Auxiliary lights mounted on a vehicle for highway use shall be mounted at a height of 54 inches or less above the level surface upon which the vehicle stands. Auxiliary lights mounted higher than 54 inches are subject to any limitation on use under ORS 811.515 and 811.520.

�� (6) Auxiliary lights and any part for such light that tends to change the original design or performance must be of a type that complies with standards adopted by the department under ORS 816.010.

�� (7) Auxiliary lights shall show a white light forward. [1983 c.338 �458 (3); 1985 c.16 �240 (3); 1985 c.69 �1 (3); 1985 c.71 �4 (3); 1985 c.393 �13 (3); 1985 c.420 �6 (3); 2003 c.158 �21]

�� 816.070 Passing lights. (1) As used in this section, �passing lights� means high beam auxiliary lights.

�� (2) When passing lights are used in combination with headlights, the combination of lights shall be arranged on the vehicle so that the selection between distributions of light projected to different elevations may be selected by the driver at will or so that the selection can be made automatically.

�� (3) Passing lights shall be wired in accordance with rules adopted by the Department of Transportation.

�� (4) Passing lights shall be aimed in accordance with rules adopted by the department.

�� (5) Passing lights shall show a white light forward. [1983 c.338 �458 (4); 1985 c.16 �240 (4); 1985 c.69 �1 (4); 1985 c.71 �4 (4); 1985 c.393 �13 (4); 1985 c.420 �6 (4); 2003 c.158 �22]

�� 816.080 Taillights. (1) Taillights shall be mounted on the rear of a vehicle.

�� (2) Except as otherwise provided in this section, when lighted, taillights shall emit a red light.

�� (3) When lighted, taillights shall emit a light plainly visible from a distance of 500 feet to the rear.

�� (4) Taillights may be constructed so as to include registration plate lights.

�� (5) Taillights shall be wired so as to be lighted whenever the headlights or auxiliary lights are lighted.

�� (6) Taillights that are required under ORS 816.320 and 816.330 must be mounted, adjusted and aimed in accordance with the standards adopted by the Department of Transportation.

�� (7) Taillights that are required under ORS 816.320 and 816.330 and any part for such light that tends to change the original design or performance must be of a type that complies with standards adopted by the department under ORS 816.010.

�� (8) On a motor vehicle that was manufactured before 1959, the taillight or the taillight assembly, if the taillight is combined with another light, may contain a blue or purple insert of not more than one inch in diameter. [1983 c.338 �458 (5); 1985 c.16 �240 (5); 1985 c.69 �1 (5); 1985 c.71 �4 (5); 1985 c.393 �13 (5); 1985 c.420 �6 (5); 1997 c.492 �1; 2003 c.158 �23]

�� 816.090 Registration plate lights. Each of the following is a requirement for registration plate lights as described:

�� (1) A registration plate light shall be so constructed and placed as to illuminate the rear registration plate of the vehicle.

�� (2) A registration plate light may either be constructed as a separate light or as part of a taillight.

�� (3) A registration plate light shall show a white light.

�� (4) A registration plate light shall render the rear registration plate clearly legible from a distance of 50 feet to the rear.

�� (5) A registration plate light shall be wired so as to be lighted whenever the headlights or auxiliary lights are lighted. [1983 c.338 �458 (6); 1985 c.16 �240 (6); 1985 c.69 �1 (6); 1985 c.71 �4 (6); 1985 c.393 �13 (6); 1985 c.420 �6 (6)]

�� 816.100 Brake lights. Each of the following is a requirement for brake lights as described:

�� (1) Brake lights shall be placed on the rear of the vehicle. Where more than one brake light is required under ORS 816.320 and 816.330 at least one brake light shall be placed on each side of the rear.

�� (2) Brake lights shall be constructed and located on a vehicle so as to give a signal of intention to stop.

�� (3) Brake lights shall emit a red light. If the motor vehicle was manufactured before 1959 and the brake light is combined with the taillight in a taillight assembly, the assembly may contain an insert as described under ORS 816.080.

�� (4) Except as provided in subsection (11) of this section, brake lights shall emit a steady burning light.

�� (5) Brake lights shall emit a light that is plainly visible and capable of being seen and distinguished from a distance of 500 feet to the rear of the vehicle in normal daylight.

�� (6) Brake lights required under ORS 816.320 and 816.330 shall be mounted, so far as practicable, in such a manner as to reduce the hazard of being obscured by mud or dust thrown by the wheels.

�� (7) Brake lights shall not project a glaring or dazzling light.

�� (8) Brake lights may be incorporated with a taillight.

�� (9) Brake lights shall be activated upon application of the service brake.

�� (10) Brake lights required under ORS 816.320 and 816.330 or any parts for brake lights must comply with standards adopted by the Department of Transportation under ORS

ORS 824.204

824.204, 824.206, 824.210 to 824.218 and 824.226 shall forever be considered as held in trust by the railroad company receiving the same or the benefits thereof, and no part thereof shall be considered a part of the value of the property of the railroad company upon which it is entitled to receive a return. [Formerly 763.320]

�� 824.258 [Formerly 763.900; repealed by 1997 c.249 �257]

EMPLOYEE SAFETY REGULATIONS

�� 824.300 Required crews on trains; exception. No person or officer of court operating any railroad or railway in this state engaged as a common carrier in the transportation of freight or passengers shall operate over its road, or any part thereof, in excess of 15 continuous miles, or suffer or permit to be run over the same, outside of yard switching limits, any passenger, mail or express train propelled by any form of motive power and consisting of four or more cars with less than a full passenger crew consisting of one engineer, one apprentice engineer, one conductor, one brakeman and one flagger. None of said crew shall be required or permitted to perform the duties of train baggage handler or express messenger while on such road. This section shall not apply to operations in which lesser crew requirements are established by agreement between the common carrier and the organizations representing railroad employees. [Formerly 764.110; 1997 c.249 �258]

�� 824.302 Qualification of flagger. The flagger in the crews required under ORS 824.300 shall have had at least six months� experience in train service. [Formerly 764.130; 1997 c.249 �259]

�� 824.304 Guarding frogs, switches and guardrails. (1) Every person owning or operating a railroad in this state, shall so adjust, fill, block and securely guard the frogs, switches and guardrails of their roads as to protect and prevent the feet of employees and other persons from being caught therein.

�� (2) Any person owning or operating a railroad in this state shall be liable for any damage caused from a failure to comply with this section. [Formerly 764.140]

�� 824.306 Shelter of car repairers. (1) No person owning, controlling or operating any line of railroad in this state shall build, construct, reconstruct or repair railroad car equipment or motive power in the state without first erecting and maintaining at every division terminal, or other point where five employees or more are regularly employed on such work, a shed over a sufficient portion of the tracks used for such work, so as to provide that all employees regularly employed in such work are sheltered and protected from rain and other inclement weather.

�� (2) This section does not apply at points where fewer than five employees are regularly employed in such work, nor at points where it is necessary to make light repairs only on equipment or motive power, nor to equipment loaded with time or perishable freight, nor to equipment when trains are being held for the movement of equipment. As used in this subsection, �light repairs� does not include repairs usually made in roundhouse, shop or shed upon well-equipped railroads. [Formerly 764.150]

�� 824.308 Railroads to provide first aid training for employees. (1) Every railroad operating in this state shall provide to any employee who is an engineer, conductor or yard foreman a first aid training course that conforms to standards at least equivalent to the American Red Cross eight-hour first aid training course and cardiopulmonary resuscitation course.

�� (2) Railroads shall bear all costs incurred for the first aid training course described in subsection (1) of this section and shall pay wages to employees who are attending the course. [Subsection (1) formerly 764.170; subsection (2) formerly

ORS 824.206

824.206 or 824.226, where the application to the Department of Transportation states that the parties are not in agreement as to apportionment of costs, but the applicant is willing to advance the amount of money reasonably necessary to enable the respondent to complete the work which must be done by it or the amount reasonably necessary is available and can be advanced from the Grade Crossing Protection Account, the department shall set the application for hearing as soon as the calendar of the department permits on the questions of:

�� (a) The necessity for the project;

�� (b) The approval of the location and the engineering plans, including provisions for handling traffic during construction and the work to be performed by each party; and

�� (c) The sum to be advanced by the applicant or the account for the work to be done by the respondent.

�� (2) The Department of Transportation shall render as promptly as possible an interim order, effective within 20 days on such questions, reserving for later hearing and decision the question of the apportionment of costs. The interim order shall also direct the respondent to proceed upon receipt of the sum to be advanced by the applicant or the account without delay to perform the work to be done by respondent, integrating the work with that of the applicant or its contractor in such manner that neither will unreasonably obstruct or delay the work of the other, to the end that the people of the state may have the use of the project at the earliest possible date.

�� (3) In the final order apportioning costs, the sum advanced by the applicant or the account shall be credited against its share of the costs. In the final order there shall also be credited against applicant�s share of the costs any increase in the costs found by the Department of Transportation to be directly attributable to respondent�s willful failure or refusal, after the effective date of the interim order, to proceed with its own work or to integrate the work with that of applicant or its contractor. [Formerly 763.300]

�� 824.254 Reimbursement procedure for railroad and public authority. (1) Upon issuance of an order apportioning costs to the Grade Crossing Protection Account, the railroad company or the public authority in interest may submit to the Department of Transportation progress claims, not to exceed 80 percent of the apportionment, for reimbursement for the cost of labor, and other services provided to date of billing, and for the costs of materials stockpiled at the project site or specifically purchased and delivered for use on the project. Upon completion of the construction, reconstruction or alteration of a crossing, or of the installation or alteration of grade crossing warning or safety devices at a crossing, the railroad company or the public authority in interest shall present to the department for approval its claim for reimbursement for the costs thereof in the amount apportioned to the Grade Crossing Protection Account less progress payments previously made. When a claim is approved, the department shall, as funds become available, order the claim paid from the account.

�� (2) The department may make such audit as the department considers necessary before or after each such disbursement for the purpose of determining that the money is expended for the purposes and under the conditions authorized by ORS 824.242 to

ORS 826.007

826.007.

�� (2) All grants of privileges and registration exemptions under this section shall be by declaration, shall be in writing and shall be filed with the Department of Transportation within 10 days after execution or effective date, whichever is later.

�� (3) A declaration may grant benefits, privileges and exemptions with respect to the operation of commercial or noncommercial vehicles in this state of the same type that may be established by agreement under ORS 802.500 or 826.005.

�� (4) A declaration shall only grant the privileges, benefits and exemptions to a vehicle or the owner of a vehicle if the vehicle is any of the following:

�� (a) Registered in the jurisdiction where the person registering the vehicle has a legal residence.

�� (b) A commercial vehicle registered in a jurisdiction where the commercial enterprise in which the vehicle is used has a place of business. To qualify under this paragraph the vehicle must be assigned to the place of business and the place of business must be the place from which or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated or otherwise controlled.

�� (c) A commercial vehicle registered in a jurisdiction where the vehicle has been registered because of an agreement between two jurisdictions or a declaration issued by any jurisdiction.

�� (5) The department shall make any final determination in any case of doubt or dispute as to the proper place of registration of a vehicle, but may confer with departments of other jurisdictions affected.

�� (6) A declaration shall not provide for any benefit, exemption or privilege with respect to fuel taxes, use fuel taxes, weight mile taxes or other fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except registration taxes, fees and requirements.

�� (7) A declaration shall only grant benefits, exemptions or privileges that are, in the judgment of the director, in the best interest of this state and its citizens, fair and equitable to this state and its citizens and determined on the basis and with recognition of benefits that accrue to the economy of this state from the uninterrupted flow of commerce.

�� (8) A declaration may authorize a vehicle that would otherwise be required to be registered in one jurisdiction to be registered in another jurisdiction without losing any benefit, exemption or privilege under the declaration if the vehicle is operated from a base located in the other jurisdiction.

�� (9) A declaration may allow the lessee or lessor of a vehicle, subject to the terms and conditions of the lease, to receive benefits, exemptions and privileges under the declaration.

�� (10) A declaration may authorize the department to suspend or cancel any exemptions, benefits or privileges granted to any person under the declaration if the person violates any of the terms or conditions of the declaration or violates any law or rule of this state relating to vehicles. [1983 c.338 �143; 1985 c.668 �4; 1989 c.43 �16]

�� 802.530 Authority of department for reciprocal agreements concerning traffic offenses; permitted provisions; fees; limitations; rules; report. The Department of Transportation is authorized to enter into bilateral or multilateral reciprocal agreements with other jurisdictions to provide mutual assistance in the disposition of traffic offenses committed by residents of one jurisdiction while in another jurisdiction. Agreements authorized by this section are subject to the following:

�� (1) An agreement may provide for the sharing of information between and among jurisdictions concerning driving records, vehicle registration records and records concerning the granting, denial, revocation or suspension of driving privileges.

�� (2) An agreement may provide that a jurisdiction will suspend the driving privileges of a resident of the jurisdiction if the resident does not comply with the requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction.

�� (3) An agreement may provide that a jurisdiction will refuse to issue or renew a driver license or permit or to issue a duplicate or replacement license or permit for a resident of the jurisdiction if the resident does not comply with the requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction.

�� (4) An agreement may be limited to certain traffic offenses.

�� (5) An agreement may provide for the establishment of fees for and collection of fees from persons cited for traffic offenses or convicted of traffic offenses who are subject to the terms of the agreement. Any agency of this state that participates in a program established by an agreement authorized by this section is granted authority to establish fees for and collect fees from persons subject to an agreement. Fees established for purposes of this subsection must be established by rule. No fee established for purposes of this subsection may exceed an amount necessary to recover the actual cost incurred by participation in the program established by the agreement.

�� (6) An agreement may provide that residents of one jurisdiction who are issued citations for traffic offenses in another jurisdiction will be released on recognizance without requirement of security deposit or bail. Nothing in this subsection authorizes an agreement that prohibits a court from releasing on security release, as defined in ORS 135.230, a person charged with a traffic crime.

�� (7) An agreement may provide that one jurisdiction will act as agent for another jurisdiction in the disposition of traffic offenses committed in the other jurisdiction. No provision described under this subsection may be established that requires the participation of courts of this state unless the Chief Justice of the Supreme Court establishes rules under ORS 1.002 to provide procedures for court participation.

�� (8) No agreement may be established under this section to provide for assistance in dealing with:

�� (a) Offenses other than traffic offenses.

�� (b) Parking offenses.

�� (c) Bicycle offenses.

�� (d) Pedestrian offenses.

�� (9) Any agreement established under this section must provide that this state may withdraw from the agreement upon notice of not more than 90 days.

�� (10) An agreement may include any other provision that the department determines will assist in the disposition of traffic offenses committed by residents of one jurisdiction while in another jurisdiction or will increase the convenience for residents of this state in complying with requirements and responsibilities created by citation for or conviction of a traffic offense in another jurisdiction.

�� (11) The department may adopt rules necessary to implement any agreement established under this section.

�� (12) The department must submit a report on any agreement proposed under this section to the presiding officers of each house of the Oregon Legislative Assembly at least 30 days before the agreement may take effect. An agreement described under this section cannot take effect in this state unless the department complies with this subsection. [1985 c.396 �2; 1993 c.102 �1; 1999 c.1051 �85; 2025 c.256 �8]

�� 802.540 Driver License Compact. The Driver License Compact is 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 AND DECLARATION

OF POLICY

�� (a) The party states find that:

�� (1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.

�� (2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.

�� (3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.

�� (b) It is the policy of each of the party states to:

�� (1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.

�� (2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

ARTICLE II

DEFINITIONS

�� As used in this compact:

�� (a) �State� means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

�� (b) �Home state� means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.

�� (c) �Conviction� means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

ARTICLE III

REPORTS OF CONVICTION

�� The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond or other security; and shall include any special findings made in connection therewith.

ARTICLE IV

EFFECT OF CONVICTION

�� (a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state, in the case of convictions for:

�� (1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

�� (2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug or a controlled substance, or under the influence of any other drug or substance to a degree which renders the driver incapable of safely driving a motor vehicle;

�� (3) Any felony in the commission of which a motor vehicle is used;

�� (4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

�� (b) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.

�� (c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this Article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature and the laws of such party state shall contain such provisions as may be necessary to insure that full force and effect is given to this Article.

ARTICLE V

APPLICATIONS FOR NEW LICENSES

�� Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

�� (1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.

�� (2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.

�� (3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.

ARTICLE VI

APPLICABILITY OF OTHER LAWS

�� Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

ARTICLE VII

COMPACT ADMINISTRATOR AND

INTERCHANGE OF INFORMATION

�� (a) The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.

�� (b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.

ARTICLE VIII

ENTRY INTO FORCE AND WITHDRAWAL

�� (a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.

�� (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.

ARTICLE IX

CONSTRUCTION AND SEVERABILITY

�� This compact shall be liberally construed so as to effectuate the purposes thereof. 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, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party 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.

[1983 c.338 �168]

�� 802.550 Administrative provisions relating to license compact. The following relate to the Driver License Compact under ORS 802.540:

�� (1) The Director of Transportation or the director�s deputy shall act as the compact administrator. The compact administrator shall not be entitled to any additional compensation on account of service as compact administrator, but shall be entitled to expenses incurred in connection with such service, payable the same as expenses in connection with services as the normal duties of the person.

�� (2) When reference in the compact is made to the executive head in this state, the reference applies to the Governor of this state.

�� (3) When reference in the compact is made to the licensing authority in this state, the reference applies to the Department of Transportation.

�� (4) In accordance with subdivision (c) of Article IV of the compact, the following offenses or violations provided by Oregon law hereby are designated as offenses or violations of a substantially similar nature as the respective denominations and descriptions of conduct appearing in subdivision (a) of Article IV of the compact:

�� (a) ORS 809.409 (1) and (2) - Article IV (a) (1).

�� (b) ORS 813.400 - Article IV (a) (2).

�� (c) ORS 809.409 (4) - Article IV (a) (3).

�� (d) ORS 809.409 (3) - Article IV (a) (4).

�� (5) Offenses or violations other than those referred to in subsection (4) of this section reported to the department pursuant to Article III of the compact shall be given effect within the purpose of Article IV (b) of the compact as the other laws of this state provide. [1983 c.338 �169; 2003 c.402 �11; 2018 c.76 �22]

�� 802.560 Multistate Highway Transportation Agreement. The Multistate Highway Transportation Agreement is hereby enacted into law and entered into on behalf of this state with all other jurisdictions legally joining therein in a form substantially as follows:

ARTICLE I

FINDINGS AND PURPOSES

�� SECTION 1. Findings. The participating jurisdictions find that:

�� (a) The expanding regional economy depends on expanding transportation capacity;

�� (b) Highway transportation is the major mode for movement of people and goods in the western states;

�� (c) Uniform application in the west of more adequate vehicle size and weight standards will result in a reduction of pollution, congestion, fuel consumption and related transportation costs, which are necessary to permit increased productivity;

�� (d) A number of western states, already having adopted substantially the 1964 Bureau of Public Roads recommended vehicle size and weight standards, still find current federal limits more restrictive; and

�� (e) The participating jurisdictions are most capable of developing vehicle size and weight standards most appropriate for the regional economy and transportation requirements, consistent with and in recognition of principles of highway safety.

�� SECTION 2. Purposes. The purposes of this agreement are to:

�� (a) Adhere to the principle that each participating jurisdiction should have the freedom to develop vehicle size and weight standards that it determines to be most appropriate to its economy and highway system.

�� (b) Establish a system authorizing the operation of vehicles traveling between two (2) or more participating jurisdictions at more adequate size and weight standards.

�� (c) Promote uniformity among participating jurisdictions in vehicle size and weight standards on the basis of the objectives set forth in this agreement.

�� (d) Secure uniformity insofar as possible, of administrative procedures in the enforcement of recommended vehicle size and weight standards.

�� (e) Provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in section 1 of this article.

�� (f) Facilitate communication among legislators, state transportation administrators and commercial industry representatives in addressing the emerging highway transportation issues in participating jurisdictions.

ARTICLE II

DEFINITIONS

�� SECTION 1. As used in this agreement:

�� (a) �Cooperating committee� means a body composed of the designated representatives from the participating jurisdictions.

�� (b) �Designated representative� means a legislator authorized to represent the jurisdiction appointed by the President of the Senate and the Speaker of the House of Representatives in consultation.

�� (c) �Jurisdiction� means a state of the United States or the District of Columbia.

�� (d) �Vehicle� means any vehicle as defined by statute to be subject to size and weight standards which operates in two or more participating jurisdictions.

ARTICLE III

GENERAL PROVISIONS

�� SECTION 1. Qualifications for Membership. Participation in this agreement is open to jurisdictions which subscribe to the findings, purposes and objectives of this agreement and will seek legislation necessary to accomplish these objectives.

�� SECTION 2. Cooperation. The participating jurisdictions, working through their designated representatives, shall cooperate and assist each other in achieving the desired goals of this agreement pursuant to appropriate statutory authority.

�� SECTION 3. Effect of Headings. Article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof.

�� SECTION 4. Vehicle Laws and Regulations. This agreement shall not authorize the operation of a vehicle in any participating jurisdiction contrary to the laws or regulations thereof.

�� SECTION 5. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by unanimous joint action of the participating jurisdictions, acting through the designated representatives. Results of all such actions shall be placed in writing.

�� SECTION 6. Amendment. This agreement may be amended by unanimous joint action of the participating jurisdictions, acting through the officials thereof authorized to enter into this agreement, subject to the requirements of section 4, Article III. Any amendment shall be placed in writing and become a part hereof.

�� SECTION 7. Restrictions, Conditions or Limitations. Any jurisdiction entering this agreement shall provide each other participating jurisdiction with a list of any restriction, condition or limitation on the general terms of this agreement, if any.

�� SECTION 8. Additional Jurisdictions. Additional jurisdictions may become members of this agreement by signing and accepting the terms of the agreement.

ARTICLE IV

COOPERATING COMMITTEE

�� SECTION 1. Each participating jurisdiction shall have two designated representatives. Pursuant to section 2, Article III, the designated representatives of the participating jurisdictions shall constitute a committee which shall have the power to:

�� (a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in relation to vehicle size and weight related matters.

�� (b) Recommend and encourage the undertaking of research and testing in any aspect of vehicle size and weight or related matter when, in their collective judgment, appropriate or sufficient research or testing has not been undertaken.

�� (c) Recommend changes in law or policy with emphasis on compatibility of laws and uniformity of administrative rules or regulations which would promote effective governmental action or coordination in the field of vehicle size and weight related matters.

�� (d) Recommend improvements in highway operations, in vehicular safety and in state administration of highway transportation laws.

�� (e) Perform functions necessary to facilitate the purposes of this agreement.

�� SECTION 2. Each designated representative of a participating jurisdiction shall be entitled to one (1) vote. No action of the committee shall be approved unless a majority of the total number of votes cast by the designated representatives of the participating jurisdictions are in favor thereof.

�� SECTION 3. The committee shall meet at least once annually and shall elect, from among its members, a chairman, a vice-chairman and a secretary.

�� SECTION 4. The committee shall submit annually to the legislature of each participating jurisdiction a report setting forth the work of the committee during the preceding year and including recommendations developed by the committee. The committee may submit such additional reports as it deems appropriate or desirable.

ARTICLE V

OBJECTIVES OF THE

PARTICIPATING JURISDICTIONS

�� SECTION 1. Objectives. The participating jurisdictions hereby declare that:

�� (a) It is the objective of the participating jurisdictions to obtain more efficient and more economical transportation by motor vehicles between and among the participating jurisdictions by encouraging the adoption of standards that will, as minimums, allow the operation on all State highways, except those determined through engineering evaluation to be inadequate, with a single-axle weight of 20,000 pounds, a tandem-axle weight of 34,000 pounds, and a gross vehicle or combination weight of that resulting from application of the formula:

W =�� 500 ((LN/N - 1) + 12N + 36)

where W =�� maximum weight in pounds

�� carried on any group of two or more

�� axles computed to nearest 500 pounds.

L =�� distance in feet between

�� the extremes of any group of two

�� or more consecutive axles.

N =�� number of axles in group

�� under consideration.

�� (b) It is the further objective of the participating jurisdictions that the operation in interstate commerce of a vehicle or combination of vehicles that exceeds statutory maximum weights or statutory maximum lengths be authorized under special permit authority by each participating jurisdiction.

�� (c) It is the further objective of the participating jurisdictions to facilitate and expedite the operation of any vehicle or combination of vehicles between and among the participating jurisdictions under the provisions of subsection (a) or (b) of this section, and to that end the participating jurisdictions hereby agree, through their designated representatives, to meet and cooperate in the consideration of vehicle size and weight related matters including, but not limited to, the development of: uniform enforcement procedures; additional vehicle size and weight standards; operational standards; agreements or compacts to facilitate regional application and administration of vehicle size and weight standards; uniform permit procedures; uniform application forms; rules and regulations for the operation of vehicles, including equipment requirements, driver qualifications, and operating practices; and such other matters as may be pertinent.

�� (d) It is the further objective of the participating jurisdictions to authorize the cooperating committee to recommend that the participating jurisdictions jointly secure congressional approval of this agreement and, specifically, of the vehicle size and weight standards set forth in subsection (a) of this section.

�� (e) It is the further objective of the participating jurisdictions to:

�� (1) Establish transportation laws and regulations to meet regional economic needs and to promote an efficient, safe and consistent transportation network;

�� (2) Develop standards that facilitate the most efficient and environmentally sound operation of vehicles on highways consistent with and in recognition of principles of highway safety; and

�� (3) Establish programs to increase productivity and reduce congestion, fuel consumption and related transportation costs and enhance air quality through the uniform application of state vehicle regulations and laws.

�� (f) It is the further objective of the participating jurisdictions that in carrying out subsection (e) of this section, the participating jurisdictions shall give priority to ensuring the long term financial stability of the highway infrastructure, considering the net benefits across all modes and all segments of industry and society and not focusing on incremental changes where there is no long term guiding policy.

ARTICLE VI

ENTRY INTO FORCE AND WITHDRAWAL

�� SECTION 1. This agreement shall enter into force when enacted into law by any two (2) or more jurisdictions. Thereafter, this agreement shall become effective as to any other jurisdiction upon its enactment thereof, except as otherwise provided in section 8, Article III.

�� SECTION 2. Any participating jurisdiction may withdraw from this agreement by canceling the same but no such withdrawal shall take effect until thirty (30) days after the designated representative of the withdrawing jurisdiction has given notice in writing of the withdrawal to all other participating jurisdictions.

ARTICLE VII

CONSTRUCTION AND SEVERABILITY

�� SECTION 1. This agreement shall be liberally construed so as to effectuate the purposes thereof.

�� SECTION 2. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any participating jurisdiction or the applicability thereto to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement shall not be affected thereby. If this agreement shall be held contrary to the constitution of any jurisdiction participating herein, the agreement shall remain in full force and effect as to the jurisdictions affected as to all severable matters.

ARTICLE VIII

FILING OF DOCUMENTS

�� SECTION 1. A copy of this agreement, its amendments, and rules or regulations promulgated thereunder and interpretations thereof shall be filed in the highway department in each participating jurisdiction and shall be made available for review by interested parties.

ARTICLE IX

EXISTING STATUTES NOT REPEALED

�� SECTION 1. All existing statutes prescribing weight and size standards and all existing statutes relating to special permits shall continue to be of force and effect until amended or repealed by law.

ARTICLE X

STATE GOVERNMENT DEPARTMENTS

AUTHORIZED TO COOPERATE

WITH COOPERATING COMMITTEE

�� SECTION 1. Within appropriations available therefor, the departments, agencies and officers of the government of this state shall cooperate with and assist the cooperating committee within the scope contemplated by Article IV, section 1(a) and (b) of the agreement. The departments, agencies and officers of the government of this state are authorized generally to cooperate with said cooperating committee.

[1983 c.338 �172; 1985 c.172 �5; 2001 c.610 �1]

�� 802.565 Participation by department and payment of fees. The Director of Transportation shall:

�� (1) Appoint an employee of the Department of Transportation to participate in meetings held by the cooperating committee created pursuant to the Multistate Highway Transportation Agreement under ORS 802.560.

�� (2) Pay any membership fee required by the Multistate Highway Transportation Agreement from funds appropriated to the department. [2011 c.629 �5]

�� Note: 802.565 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 802.570 Compensation and reimbursement for legislative representative under Multistate Highway Transportation Agreement. A legislator who is a designated representative under ORS 802.560 is entitled to compensation and expense reimbursement under ORS 171.072, payable from funds appropriated to the Legislative Assembly. [1987 c.879 �21; 2001 c.610 �2]

AGREEMENTS WITH PRIVATE CONTRACTORS

�� 802.600 Agreements to transact department business; fees; rules. (1) The Department of Transportation may enter into an agreement with any qualified provider to transact on behalf of the department the following functions of the department:

�� (a) Any vehicle-related transaction for which the department is responsible.

�� (b) Processing of fees or taxes for a vehicle-related transaction for which the department is responsible.

�� (c) Any driver-related transaction for which the department is responsible.

�� (d) Processing of fees or taxes for a driver-related transaction for which the department is responsible.

�� (e) Written and skills testing for driver licenses and permits, including commercial driver licenses.

�� (2) An agreement described in subsection (1) of this section may be in any form and may contain any provisions that the department determines to be in the best interests of the public and convenient for the department, including but not necessarily limited to provisions that allow the department to:

�� (a) Ensure product quality control.

�� (b) Audit activities of the qualified provider entering into the agreement to ensure compliance with the agreement.

�� (c) Impose sanctions on a qualified provider for violation of the agreement.

�� (3) A qualified provider authorized to transact business for the department under this section, including but not limited to a qualified provider who transacts business under contract with an integrator, may charge a fee for the services provided. Fees authorized under this subsection are in addition to any charges or fees that the department is authorized by statute to collect for the transaction.

�� (4)(a) The department may adopt such rules as are necessary to carry out the provisions of this section, including but not limited to rules that:

�� (A) Specify criteria for eligibility of a qualified provider to enter into an agreement with the department under this section.

�� (B) Specify the manner in which fees authorized by this section will be collected and establish any notification the qualified provider is required to give the public about the fees.

�� (C) Require a bond in an amount determined by the department from a qualified provider acting under an agreement described in this section.

�� (D) Prohibit disclosure of personal information from driver or vehicle records except in accordance with applicable laws.

�� (b) The department may not adopt rules establishing the amount of a fee to be charged by a qualified provider acting under this section.

�� (c) Rules adopted under this subsection shall be developed in consultation with persons who might enter into agreements with the department under this section, including but not limited to integrators and vehicle dealers.

�� (5) As used in this section:

�� (a) �Integrator� means a person who enters into a contract with the Department of Transportation:

�� (A) To provide information and supplies to a qualified provider who transacts business for the department under an agreement described in this section; and

�� (B) To collect moneys due from qualified providers who transact the business and remit the moneys to the department.

�� (b) �Qualified provider� means:

�� (A) Community college operated under ORS chapter 341;

�� (B) Education service district; or

�� (C) Person who is not an employee of the department, including but not limited to an integrator. [1997 c.583 �2; 1999 c.59 �235; 2005 c.375 �2; 2015 c.708 �4; 2017 c.157 �1; 2023 c.400 �34; 2025 c.415 �2]

ORS 836.990

836.990�� Civil penalties

GENERAL PROVISIONS

�� 836.005 Definitions. When used in the laws of this state relating to aviation, unless the context otherwise provides:

�� (1) �Air navigation facility� means any facility other than one owned or operated by the United States used in, available for use in, or designed for use in, aid of air navigation, including airports and any structures, mechanisms, lights, beacons, markers, communicating system or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking-off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.

�� (2) �Aircraft� means any contrivance used or designed for navigation of or flight in the air, but does not mean a one-person motorless glider that is launched from the earth�s surface solely by the operator�s power.

�� (3) �Airport� means any area of land or water, within or without this state, that is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.

�� (4) �Airport hazard� means any structure, object of natural growth, or use of land, that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off.

�� (5) �Aviation� means the science and art of flight and includes but is not limited to:

�� (a) Transportation by aircraft;

�� (b) The operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing and maintenance of parachutes;

�� (c) The design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities; and

�� (d) Instruction in flying or ground subjects pertaining thereto.

�� (6) �Civil aircraft� means any aircraft other than a public aircraft.

�� (7) �Department� means the Oregon Department of Aviation.

�� (8) �Municipality� means any county, city, town, village, borough, authority, district or other political subdivision or public corporation of this state. �Municipal� means pertaining to a municipality as defined in this section.

�� (9) �Operation of aircraft� or �operate aircraft� means the use, navigation or piloting of aircraft in the airspace over this state or upon any airport within this state.

�� (10) �Person� means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.

�� (11) �Pilot� means any individual certificated by the federal government to operate an aircraft or an individual in training for such certification who possesses a valid student pilot certificate issued by the appropriate federal agency.

�� (12) �Public aircraft� means any aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.

�� (13) �State� or �this state� means the State of Oregon and territory over which any municipality of the State of Oregon has jurisdiction. [Formerly 492.010; 1989 c.102 �1; 1993 c.741 �93; 1999 c.935 �36; 2003 c.14 �506]

STATE ASSISTANCE

�� 836.010 Availability of services of department. The Director of the Oregon Department of Aviation may, insofar as is reasonably possible, make available the Oregon Department of Aviation�s engineering and other technical services with or without charge, to any person requesting such services in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports or air navigation facilities. [Formerly 492.020]

�� 836.015 Financial assistance by director. The Director of the Oregon Department of Aviation as authorized by the State Aviation Board may render financial assistance by grant or loan, or both, to any municipality or municipalities acting jointly in the planning, acquisition, construction, improvement, maintenance or operation of an airport owned or controlled, or to be owned or controlled by such municipality or municipalities, out of appropriation made by the legislature for such purposes. The financial assistance may be furnished in connection with federal or other financial aid for the same purposes. [Formerly 492.030]

�� 836.020 Department as municipal agent. The Oregon Department of Aviation shall, upon request, act as agent of any municipality or municipalities acting jointly, in accepting, receiving, receipting for and disbursing federal moneys and other moneys, public or private, made available to finance in whole, or in part, the planning, acquisition, construction, improvement, maintenance or operation of a municipal airport or air navigation facility. The department shall upon request, act as its or their agents in contracting for and supervising such planning, acquisition, construction, improvement, maintenance or operation. All municipalities are authorized to designate the department as their agent for such purposes. [Formerly 492.040]

�� 836.025 Establishment of airports and air navigation facilities by department. (1) The Oregon Department of Aviation may, on behalf of and in the name of the state, out of moneys made available for such purposes, plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the state, including the construction, installation, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers.

�� (2) For such purposes the department may, by purchase, gift, devise, lease, condemnation or otherwise, acquire property, real or personal, or any interest therein, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airports or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards. In like manner the department may acquire existing airports and air navigation facilities; provided it shall not acquire or take over any airport or air navigation facility owned or controlled by a municipality of this or any other state without the consent of the municipality. [Formerly 492.050]

�� 836.030 Disposal of property. The Oregon Department of Aviation as authorized by the State Aviation Board may by sale, lease, or otherwise, dispose of any property mentioned in ORS 836.025, any airport, air navigation facility, or portion thereof or interest therein. The disposal by sale, lease or otherwise shall be in accordance with the laws of this state governing the disposition of other property of the state, except that in the case of disposals to any municipality or state government or the United States for aviation purposes incident thereto, the sale, lease, or other disposal may be effected in such manner and upon such terms as the department may deem in the best interest of the state. [Formerly 492.060]

�� 836.035 Effect of statute on airport zoning. ORS 836.005 to 836.120, 836.200, 836.205, 836.215, 836.220 and 836.240 do not limit any right, power or authority of the state or a municipality to regulate airport hazards by zoning. [Formerly 492.070]

�� 836.040 Joint exercise of power. The Oregon Department of Aviation may exercise any powers granted by ORS

ORS 87.001

87.001 to 87.093 for labor performed or materials furnished to a unit shall not be filed against the timeshare of any timeshare owner who did not expressly consent to or request the labor or materials. Consent shall be considered given under this subsection by the owner of a timeshare in the case of emergency repairs to the timeshare property done with the consent or at the request of the managing entity. [1983 c.530 �12]

�� 94.858 Owners� association; powers and duties. (1) The timeshare instrument may provide that an association of timeshare owners be organized to serve as a means through which the timeshare owners may take action with regard to the administration, management and operation of the timeshare plan and the timeshare property. The association shall be organized as a corporation for profit or nonprofit corporation. The name of the association shall include the complete name of the timeshare plan.

�� (2) Membership in the association shall be limited to timeshare owners.

�� (3) The affairs of the association shall be governed by a board of directors or other governing body as provided for in the bylaws adopted under the applicable incorporation requirements.

�� (4) Subject to the provisions of the timeshare instrument and bylaws, the association may:

�� (a) Assume the role of managing entity;

�� (b) Adopt and amend bylaws, rules and regulations;

�� (c) Adopt and amend budgets for revenues, expenditures and reserves and levy and collect assessments for common expenses from timeshare owners;

�� (d) Hire and terminate a managing agent, other employees, agents and independent contractors;

�� (e) Institute, defend or intervene in litigation or an administrative proceeding in the association�s own name on behalf of the association or on behalf of two or more timeshare owners on any matter affecting the timeshare property;

�� (f) Make contracts and incur liabilities;

�� (g) Regulate the use, maintenance, repair, replacement and modification of timeshare property;

�� (h) Acquire by purchase, lease, devise, gift or voluntary grant real property or any interest therein and take, hold, possess and convey real property or any interest therein;

�� (i) Impose a charge for the late payment of an assessment and, after giving notice and an opportunity to be heard, levy a reasonable fine for violation of the timeshare instrument, bylaws and rules and regulations of the association;

�� (j) Provide for the indemnification of the association�s officers and governing board and maintain adequate liability insurance for the association�s officers and governing board;

�� (k) Exercise any other power conferred by a timeshare instrument or bylaws; and

�� (L) Exercise any other power determined by the association to be necessary and proper for the governance and operation of the association.

�� (5) If an association of timeshare owners is formed under this section, the public report issued for the timeshare plan under ORS 94.828 (1), (2) and (4) shall include a disclosure of the powers of the association and the manner in which the association will be governed. [1983 c.530 �13; 2007 c.410 �21]

�� 94.863 Developer�s duty to managing entity. The developer shall deliver to the designated managing entity before the closing of the first timeshare sale, the following:

�� (1) The original or a photocopy of the recorded timeshare instrument for the timeshare plan and any supplements and amendments thereto.

�� (2) A copy of any other document creating the managing entity.

�� (3) Any rules and regulations that have been promulgated.

�� (4) A report of the present financial condition of the timeshare plan. The report shall 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 timeshare instrument whichever period is less.

�� (5) All funds of the timeshare plan, or control thereof, including, but not limited to, any bank signature card.

�� (6) All tangible personal property that is the property of the timeshare plan and an inventory of such property.

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

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

�� (b) The original specifications indicating all material changes.

�� (c) The plans for any underground site service, site grading, drainage and landscaping.

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

�� (8) Insurance policies.

�� (9) A roster of timeshare owners and their addresses and telephone numbers, if known, as shown on the developer�s records.

�� (10) Leases of the timeshare facilities and accommodations and any other leases to which the managing entity is a party.

�� (11) Any employment or service contract to which the managing entity is a party and any service contract under which the managing entity has an obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the person performing the service.

�� (12) Any other contract to which the managing entity is a party. [1983 c.530 �14]

�� 94.867 Judicial declaration of failure in management. (1) A court of competent jurisdiction, upon petition by timeshare owners constituting at least 10 percent of the total number of timeshare owners in a timeshare plan, may declare a failure in the management of the timeshare plan and timeshare property and appoint a trustee to assume the duties of a managing entity for the timeshare plan, if the court finds that:

�� (a) The management of the timeshare plan and timeshare property has failed to carry out the duties of a managing entity under the timeshare instrument and ORS 94.846 to 94.858;

�� (b) The rights of the timeshare owners under the timeshare instrument will be substantially impaired if a trustee is not appointed; and

�� (c) No reasonable alternative exists to appointment of a trustee to perform the functions of a managing entity.

�� (2) The court may attach such conditions and terms to its appointment of a trustee under subsection (1) of this section as the court considers necessary to protect the rights of timeshare owners under the timeshare instrument.

�� (3) The trustee shall send a copy of the court�s decision to the Real Estate Commissioner. [1983 c.530 �15; 1991 c.64 �3]

�� 94.869 Insurance coverage. (1) If the managing entity has the sole authority to decide whether to repair or reconstruct an accommodation or facility that has suffered damage or that an accommodation or facility must be repaired or reconstructed, the managing entity shall obtain and maintain at all times and shall pay for out of the funds for payment of common expenses, insurance covering the accommodations and facilities which may include reasonable deductible amounts reflecting self-insurance by the owners as a common expense and which shall include:

�� (a) Insurance for all insurable improvements in the timeshare property against loss or damage by fire or other hazards, including extended coverage, vandalism and malicious mischief. The insurance shall cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard if the insurance is available at reasonable cost; and

�� (b) Insurance covering the legal liability of the association, the timeshare owners individually and the managing entity including, but not limited to, the board of directors, to the public and to the timeshare owners and their invitees or tenants, incident to ownership, supervision, control or use of the property. There may be excluded from the policy required under this paragraph, coverage of a timeshare owner, other than coverage as a member of an association or board of directors, for liability arising out of acts or omissions of that owner and liability incident to the ownership or use of the part of the property as to which that owner has the exclusive use or occupancy. Liability insurance required under this paragraph shall be issued on a comprehensive liability basis.

�� (2) If an individual timeshare owner is required to obtain insurance for the owner�s individual legal liability, the association or managing entity shall obtain insurance covering the accommodations and facilities which may include reasonable deductible amounts reflecting self-insurance by the owners as a common expense and which shall include:

�� (b) Insurance covering the legal liability of the association and the managing entity including, but not limited to, the board of directors, to the public or the timeshare owners and their invitees or tenants, incident to supervision, control or use of the property. [1983 c.530 �16]

(Escrow)

�� 94.871 When purchase money agreement prohibited; escrow requirements. (1) Unless a lien payment trust is established under ORS 94.890, no timeshare estate shall be sold by a developer by means of a purchase money agreement as defined in ORS 94.890 unless a collection escrow is established within this state with a person or firm authorized to receive escrows under the laws of this state and all of the following are deposited in the escrow:

�� (a) A copy of the title report or abstract, as it relates to the timeshare estate being sold.

�� (b) The original or an executed copy of the sales document relating to the purchase of the timeshare estate clearly setting forth the legal description of the interest being purchased, the principal amount of any blanket encumbrance outstanding on the date of the sales document and the terms of the sales document.

�� (c) A commitment in a form satisfactory to the Real Estate Commissioner to give a partial release for the interest being sold from the terms and provisions of any blanket encumbrance on or before full payment of the purchase price by the purchaser.

�� (d) A commitment in a form satisfactory to the commissioner to give a release of any other lien or encumbrance existing against the timeshare estate being sold.

�� (e) A warranty or bargain and sale deed in good and sufficient form conveying to the purchaser merchantable and marketable title to the timeshare estate.

�� (2) The developer shall submit written authorization allowing the commissioner to inspect any escrow deposit established under subsection (1) of this section.

�� (3) In lieu of the procedures provided in subsection (1) of this section, the developer shall conform to an alternative requirement or method if the commissioner finds that the alternative requirement or method carries out the intent and provisions of this section. [1983 c.530 �25]

�� 94.873 Escrow account; closing; release. (1) All funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds thereof received in this state by a developer from or on behalf of a purchaser or prospective purchaser in connection with the purchase or reservation of a timeshare must be placed in an escrow account with an escrow agent authorized under ORS 94.881 or the trustee of a lien payment trust established under ORS 94.890.

�� (2) The establishment of an escrow account under subsection (1) of this section shall be by written agreement between the developer and the escrow agent. The escrow agreement must provide for the handling of a purchaser�s funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds as required by ORS 94.873 to 94.905.

�� (3) A purchaser�s funds, negotiable instruments, purchase money agreements, credit card authorizations and any proceeds may be released from escrow without a closing only as follows:

�� (a) If the purchaser gives a valid notice of cancellation under ORS 94.836, to the purchaser within 15 days after the notice of cancellation is received.

�� (b) If the purchaser or developer properly terminates a sales agreement under its terms or terminates a reservation agreement, to the purchaser or developer according to the terms of the sales agreement or reservation agreement.

�� (c) If the purchaser or developer defaults in performing an obligation under the sales agreement, to the purchaser or developer according to the terms of the sales agreement.

�� (4) After an escrow closing for the sale of a timeshare, a purchaser�s funds, negotiable instruments, purchase money agreements and credit card authorizations and proceeds shall be delivered by the escrow agent:

�� (a) To the trustee of a lien payment trust established under ORS 94.890 to protect the purchaser from any blanket encumbrance.

�� (b) As provided by an alternative arrangement approved by the Real Estate Commissioner under ORS 94.900.

�� (c) To the developer if the timeshare is conveyed to the purchaser free and clear of any blanket encumbrance or as provided in ORS 94.876.

�� (5) Under no circumstances may the escrow agent release a purchaser�s funds, negotiable instruments, purchase money agreements or credit card authorizations or proceeds from the escrow account to anyone except the purchaser until:

�� (a) The five-day cancellation period under ORS 94.836 expires as to the purchaser whose funds, instruments, agreements, authorizations or proceeds are being released;

�� (b) The escrow agent receives a written statement from the developer that no valid cancellation notice under ORS 94.836 has been received from the purchaser involved or from the purchaser that the purchaser has not given such a notice; and

�� (c) The escrow agent receives a written statement from the developer that no other cancellation notice was received during the five-day cancellation period from the purchaser involved.

�� (6) The purpose of any escrow established under this section shall be to protect a purchaser�s right to a refund if the purchaser cancels the timeshare sales agreement during the five-day cancellation period under ORS 94.836, or if a prospective purchaser cancels a reservation agreement for the purchase of a timeshare.

�� (7) As used in this section �reservation agreement� means an agreement relating to the future sale of a timeshare that is not binding on the purchaser which grants the purchaser the right to cancel the agreement for any reason without penalty and to obtain a refund of any funds deposited at any time until the purchaser executes a timeshare sales agreement. [1983 c.530 �29; 2017 c.354 �4]

�� 94.876 Requirements for closing escrow. (1) Subject to the requirements of ORS 94.871 and 94.873, an escrow for the sale of a timeshare estate may close only if one of the following alternatives for protecting the purchaser is satisfied:

�� (a) The timeshare estate is conveyed to the purchaser free and clear of any blanket encumbrance;

�� (b) The timeshare property in which the timeshare estate is granted is conveyed to a trustee under a lien payment trust established under ORS 94.890 and every person holding an interest in a blanket encumbrance against the timeshare property executes and records a nondisturbance agreement;

�� (c) The timeshare estate is conveyed to the purchaser subject only to a blanket encumbrance in which every person holding an interest in the blanket encumbrance executes and records a nondisturbance agreement or the Real Estate Commissioner accepts a surety bond as an alternative arrangement under ORS 94.900 in an amount that is sufficient to satisfy the blanket encumbrance; or

�� (d) All requirements of an alternative arrangement approved by the commissioner under ORS 94.900 are satisfied.

�� (2) Subject to the requirements of ORS 94.873, an escrow for the sale of a timeshare license may close only if one of the following alternatives for protecting the purchaser is satisfied:

�� (a) The timeshare property is conveyed to a trustee free and clear of any blanket encumbrance;

�� (b) The timeshare property is conveyed to a trustee under a lien payment trust established under ORS 94.890 and every person holding an interest in a blanket encumbrance against the timeshare property executes and records a nondisturbance agreement;

�� (c) Every person holding an interest in a blanket encumbrance against the timeshare property executes and records a nondisturbance agreement and the commissioner accepts a recorded surety bond in an amount that is sufficient to satisfy the blanket encumbrance; or

�� (d) The requirements of an alternative arrangement approved by the commissioner under ORS 94.900 are satisfied. [1983 c.530 �30]

�� 94.878 Duties of escrow agent. An escrow agent holding funds under ORS 94.873:

�� (1) May invest the escrowed funds in securities of the federal government or any agency thereof or in savings or time deposits in institutions insured by an agency of the federal government according to the terms of the agreement between the escrow agent and the developer.

�� (2) Shall maintain separate books and records for each timeshare plan in accordance with generally accepted accounting methods. [1983 c.530 �36]

�� 94.881 Who may serve as escrow agent. (1) Funds placed into escrow under ORS 94.873 shall be placed into an escrow account established solely for that purpose with one of the following acting as an escrow agent:

�� (a) An attorney who is a licensee of the Oregon State Bar;

�� (b) An insured institution, as defined in ORS 706.008, that is authorized to accept deposits in this state;

�� (c) A trust company, as defined in ORS 706.008, that is authorized to transact trust business in this state; or

�� (d) An escrow agent licensed under ORS 696.505 to 696.590.

�� (2) In connection with sales of timeshares made outside of this state for the use of timeshare property located within this state, the escrow agent required under ORS 94.871 and 94.873 may be located in and the purchasers� funds, negotiable instruments, purchase money contracts and credit card authorizations may be held by the out-of-state escrow agent, if the law of the state in which the sales are made requires impoundment in that state and the out-of-state escrow agent is approved by the Real Estate Commissioner. [1983 c.530 �37; 1997 c.631 �393; 2025 c.32 �86]

(Lien Payment)

�� 94.885 Rights of lienholder. (1) When a nondisturbance agreement has been executed by the lienholder and recorded, the lienholder, its successors and anyone who acquires the property through foreclosure, by deed, assignment or transfer in lieu of foreclosure, shall take the property subject to the rights of the owners under the timeshare plan.

�� (2) When a notice of timeshare plan is recorded, any claim by the developer�s creditors and any claim upon or by a successor to the interest of the titleholder who executed the notice shall be subordinate to the interest of the timeshare owners if the sale is closed after the notice is recorded. The recording of notice shall not affect:

�� (a) The rights or lien of a lienholder whose lien was recorded before the notice of timeshare plan;

�� (b) The rights of a person holding an option in the timeshare property if the option was recorded before the notice of timeshare plan; and

�� (c) The rights or lien of a lienholder having a recorded purchase money mortgage, recorded purchase money trust deed or recorded purchase agreement on the timeshare.

�� (3) As used in ORS 94.873, 94.876 and 94.885 to 94.905:

�� (a) �Nondisturbance agreement� means an instrument by which the holder of a blanket encumbrance agrees that the holder�s rights in the timeshare property shall be subordinate to the rights of any timeshare owner. Every nondisturbance agreement shall contain a covenant by the lienholder that the lienholder, its successors, and anyone who acquires the timeshare property through the blanket lien shall not use, or cause or permit the property to be used in a manner that prevents a timeshare owner from using the timeshare property in the manner contemplated by the timeshare plan. The lienholder�s agreement not to disturb an owner may require as a continuing condition that the owner perform all obligations and make all payments due under any purchase money agreement for the owner�s timeshare and, if the timeshare is held as a leasehold, under the lease for the owner�s timeshare.

�� (b) �Notice of timeshare plan� means an instrument executed by the holder of the legal and equitable title to the fee or long-term leasehold interest in a timeshare property which provides notice of the existence of the timeshare plan and of the rights of timeshare owners. The notice of timeshare plan must identify the timeshare period for each timeshare. For a timeshare property located wholly within this state, recording of the timeshare instrument for the property under ORS 94.818 shall be considered the recording of a notice of timeshare plan for the property. If the timeshare property is located outside the state, the notice may be contained in a declaration of covenants, conditions and restrictions that provides that as a matter of covenant, the notice shall have the effects described in subsection (2) of this section. The notice must be prepared to constitute a covenant running with an equitable servitude upon the timeshare property for the duration of the timeshare plan and to have the effects described in subsection (2) of this section.

�� (4) If the developer proposes use of a nondisturbance agreement, the public report issued for the timeshare plan under ORS 94.828 (1), (2) and (4) shall include disclosure of the nature and limitations of nondisturbance agreements, the nature and amount of outstanding blanket encumbrances and the potential impact upon timeshare purchasers of failure to pay off the outstanding blanket encumbrances. [1983 c.530 �31]

�� 94.890 Lien payment trust; payments; delinquencies. (1) A lien payment trust may be established with a trust company as defined in ORS 706.008 that is authorized to transact trust business in this state, for the conveyance of timeshare property to the trustee under ORS 94.876 if the trust instrument provides for at least the following:

�� (a) Title to the timeshare property must be transferred to the trustee before the purchaser�s funds, negotiable instruments, purchase money agreements or credit card authorizations or proceeds are disbursed by the escrow agent.

�� (b) The trustee shall not convey or transfer all or any portion of the timeshare property except for an accommodation in which no owner has any further right of occupancy or as permitted at termination of the trust.

�� (c) The trustee shall not encumber the timeshare property without the consent of the Real Estate Commissioner.

�� (d) The association, if any, and all timeshare owners are made third party beneficiaries of the trust.

�� (e) Notice of the trustee�s intention to resign must be given to the commissioner at least 90 days before the resignation takes effect.

�� (f) The trust instrument may not be amended to adversely affect the interests or rights of a timeshare owner without the written approval of the association or, if no association, a majority of the timeshare owners.

�� (g) Require the deposit into trust of a lien payment deposit, as required by subsection (3) of this section, before the closing of the first timeshare sale.

�� (h) Require the deposit into trust before closing the first timeshare sale, and the intention to maintain for the duration of the trust, an installment payment reserve consisting of funds in an amount sufficient at all times:

�� (A) To pay the total of three successive monthly installments of debt service on each blanket encumbrance or, if installments of debt services are not payable monthly or in equal installments, such funds as the commissioner determines reasonably necessary to assure that the trustee will have sufficient cash to make any payment under the blanket encumbrances when due; and

�� (B) To create a sinking fund to extinguish the debt at its maturity if the blanket encumbrance against the trust property is an interest only loan, contains a balloon payment provision or is otherwise not fully amortized under the terms for repayment.

�� (i) Authorize the trustee to sell, transfer, hypothecate, encumber, or otherwise dispose of the purchase money agreement or any other asset composing the lien payment deposit or any portion thereof if, in the trustee�s judgment, such action is necessary to enable the trustee to make all payments required under the blanket encumbrances to prevent foreclosure of the blanket encumbrance.

�� (j) Require the developer to replenish the funds and assets in the trust whenever the lien payment deposit or the funds in the installment payment reserve fail to meet the requirements set forth in this subsection.

�� (k) Provide that the trustee periodically shall disburse funds in the trust as follows: First, to pay real property taxes, governmental assessments, and lease rent, if any; second, to pay current payments due on the blanket encumbrances, in their order of priority; third, to any sinking fund established for the payment of blanket encumbrances, including any prepayment penalties and release prices; fourth, to pay any service charge and cost payable to the trustee and its collection agent, if any, under the trust instrument; and fifth, to the developer or as directed by the developer.

�� (L) Contain any other provisions required by the commissioner under rules adopted under ORS

ORS 92.010

92.010 to 92.192 and 209.250 and with the survey-related requirements established pursuant to an ordinance or resolution by the governing body of the controlling city or county.

�� (4) Before a subdivision or partition plat prepared by the county surveyor in a private capacity may be recorded, the plat must be approved in accordance with subsection (2) or (3) of this section, whichever is applicable, by the surveyor of a county other than the county in which the land is located and who has been designated by the county surveyor.

�� (5) For performing the service described:

�� (a) In subsection (2) of this section, the county surveyor shall collect from the subdivider or declarant a fee of $100 plus $5 for each lot contained in the subdivision. The governing body of a city or county may establish a higher fee by resolution or order.

�� (b) In subsection (3) of this section, the county surveyor shall collect from the partitioner or declarant a fee to be established by the governing body.

�� (c) In subsection (4) of this section, the designated county surveyor shall collect the applicable subdivision or partition plat check fee, and any travel expenses incurred, as established by the designated county surveyor�s board of commissioners. The subdivision or partition plat check fee and other expenses must be paid by the subdivider, partitioner or declarant prior to approval of the subdivision or partition plat by the designated county surveyor.

�� (6) Nothing in this section prohibits a city, county or special district from requiring engineering review and approval of a subdivision plat to ensure compliance with state and local subdivision requirements that relate to matters other than survey adequacy.

�� (7) Granting approval or withholding approval of a final subdivision or partition plat under this section by the county surveyor, the county assessor or the governing body of a city or county, or a designee of the governing body, is not a land use decision or a limited land use decision, as defined in ORS 197.015. [Amended by 1955 c.31 �2; 1955 c.756 �14; 1957 c.688 �1; 1963 c.285 �1; 1971 c.419 �1; 1979 c.824 �1; 1989 c.772 �15; 1991 c.763 �16; 1993 c.453 �1; 1993 c.702 �6; 1999 c.1018 �6; 2003 c.381 �1; 2005 c.239 �1; 2005 c.399 �12a]

�� 92.102 [1997 c.586 �11; repealed by 2003 c.454 �81 and 2003 c.621 �49]

�� 92.103 Notice to district of tentative plan. (1) Prior to approving a tentative plan for a proposed plat of a proposed subdivision or partition that is subject to review under ORS 92.044, and that is located in whole or in part within the boundaries, an easement or a right of way of an irrigation district, drainage district, water control district or water improvement district, a city or a county shall submit notice of the tentative plan to the district.

�� (2) Within 15 days of receiving notice under subsection (1) of this section, the district may submit to the city or the county a statement containing any information or recommended conditions for approval of the tentative plan for the proposed plat relating to:

�� (a) The structural integrity of irrigation facilities;

�� (b) District water supply;

�� (c) Public safety;

�� (d) Potential liabilities of the district; or

�� (e) Other potential exposures to the district.

�� (3) The district shall base the information and recommended conditions of approval included in the statement described in subsection (2) of this section on rules and regulations adopted by the district.

�� (4) The city or the county may include the conditions for approval described in subsection (2) of this section in the final decision approving the tentative plan of the proposed plat. [2017 c.357 �2]

�� Note: 92.103 was added to and made a part of ORS chapter 92 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 92.104 District to report boundary locations. (1) For the purposes of providing cities and counties with the necessary information to fulfill the requirements of ORS 92.103, each irrigation district, drainage district, water control district and water improvement district shall submit a report detailing the locations of the district boundaries, district facilities and any easements and rights of way held by the district to each city and county in which any part of the district is located.

�� (2) An irrigation district, drainage district, water control district or water improvement district that submits a report to a city or a county under subsection (1) of this section shall give notice to the city or the county within 90 days of any change to the location of a district boundary, district facility or any easement or right of way held by the district. [2017 c.357 �4]

�� Note: 92.104 was added to and made a part of ORS chapter 92 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 92.105 Time limit for final action by city or county on tentative plan. The governing body of a city or county or its designate is subject to the provisions of ORS 215.427 or 227.178 in taking final action on an application for approval of a tentative plan for a subdivision or partition located within an acknowledged urban growth boundary. [1981 c.884 �2; 1983 c.827 �51; 1989 c.772 �16]

�� 92.110 [Amended by 1955 c.756 �15; 1973 c.351 �1; 1989 c.772 �25; repealed by 1993 c.702 �10]

�� 92.120 Recording plats; filing copies; preservation of records. (1) The plat of a subdivision described in ORS 92.050, when made and approved as required and offered for record in the records of the county where the described land is situated, must be recorded by the county recording officer upon the payment of the fees provided by law. The fact of recording and the date of recording must be entered on the plat and the plat must be indexed in the deed records by owner name and subdivision.

�� (2) The partition plat described in ORS 92.050, when made and approved as required and offered for record in the records of the county where the described land is situated, must be recorded by the county recording officer upon the payment of the fees provided by law. The fact of recording and the date of recording must be entered on the plat and the plat must be indexed by owner name and plat type or plat name. Partition plats must be numbered by year and sequentially and be recorded in deed records.

�� (3) At the time of recording a subdivision or partition plat, the person offering it for recording shall also file with the county surveyor and with the county recording officer, if requested by the county recording officer, an exact copy of the plat made on material that has the characteristics of strength and permanency required by the county surveyor. The surveyor who made the subdivision or partition plat shall certify that the photocopy or tracing is an exact copy of the subdivision or partition plat. The subdivider shall provide without cost the number of prints from the copy that are required by the governing body of the county.

�� (4) For the purpose of preserving the record of subdivision or town plats or partition plats, the plats may be microfilmed or stored for safekeeping without folding or cutting. All records must be created and stored in accordance with all applicable rules and regulations and in a manner that ensures the permanent preservation of the record. [Amended by 1955 c.756 �16; 1973 c.696 �18; 1977 c.488 �1; 1985 c.582 �10; 1987 c.649 �12; 1989 c.772 �17; 1991 c.763 �17; 1993 c.702 �7; 1995 c.382 �9; 1997 c.489 �6; 1999 c.710 �4; 2005 c.399 �13]

�� 92.122 [1987 c.649 �13; 1989 c.772 �18; 1991 c.763 �30; repealed by 1995 c.382 �11]

�� 92.130 Additional tracings transferred to county surveyor; replacing lost or destroyed records. Any additional tracings of subdivision or partition plats as mentioned in ORS

ORS 92.080

92.080 and 92.120, shall be recorded simultaneously with the declaration or supplemental declaration. The plat or supplemental plat shall be titled in accordance with subsection (3) of this section and shall:

�� (a) Show the location of:

�� (A) All buildings and public roads. The location shall be referenced to a point on the boundary of the property; and

�� (B) For a condominium containing units described in ORS 100.020 (3)(b)(C) or (D), the moorage space or floating structure. The location shall be referenced to a point on the boundary of the upland property regardless of a change in the location resulting from a fluctuation in the water level or flow.

�� (b) Show the designation, location, dimensions and area in square feet of each unit including:

�� (A) For units in a building described in ORS 100.020 (3)(b)(A), the horizontal and vertical boundaries of each unit and the common elements to which each unit has access. The vertical boundaries shall be referenced to a known benchmark elevation or other reference point as approved by the city or county surveyor;

�� (B) For a space described in ORS 100.020 (3)(b)(B), the horizontal boundaries of each unit and the common elements to which each unit has access. If the space is located within a structure, the vertical boundaries also shall be shown and referenced to a known benchmark elevation or other reference point as approved by the city or county surveyor;

�� (C) For a moorage space described in ORS 100.020 (3)(b)(C), the horizontal boundaries of each unit and the common elements to which each unit has access; and

�� (D) For a floating structure described in ORS 100.020 (3)(b)(D), the horizontal and vertical boundaries of each unit and the common elements to which each unit has access. The vertical boundaries shall be referenced to an assumed elevation of an identified point on the floating structure even though the assumed elevation may change with the fluctuation of the water level where the floating structure is moored.

�� (c) Identify and show, to the extent feasible, the location of all limited common elements described in the declaration. The plat may not include any statement indicating to which unit the use of any noncontiguous limited common element is reserved.

�� (d) Include a statement, including signature and official seal, of a registered architect, registered professional land surveyor or registered professional engineer certifying that the plat fully and accurately depicts the boundaries of the units of the building and that construction of the units and buildings as depicted on the plat has been completed, except that the professional land surveyor who prepared the plat need not affix a seal to the statement.

�� (e) Include a surveyor�s certificate, complying with ORS 92.070, that includes information in the declaration in accordance with ORS 100.105 (1)(a) and a metes and bounds description or other description approved by the city or county surveyor.

�� (f) Include a statement by the declarant that the property and improvements described and depicted on the plat are subject to the provisions of ORS 100.005 to 100.627.

�� (g) Include any other information or data not inconsistent with the declaration that the declarant desires to include.

�� (h) If the condominium is a flexible condominium, show the location and dimensions of all variable property identified in the declaration and label the variable property as �WITHDRAWABLE VARIABLE PROPERTY� or �NONWITHDRAWABLE VARIABLE PROPERTY,� with a letter different from those designating a unit, building or other tract of variable property. If there is more than one tract, each tract shall be labeled in the same manner.

�� (2) The supplemental plat required under ORS 100.150 (1) shall be recorded simultaneously with the supplemental declaration. The supplemental plat shall be titled in accordance with subsection (3) of this section and shall:

�� (a) Comply with ORS 92.050, 92.060 (1), (2) and (4), 92.080, 92.120 and subsection (3) of this section.

�� (b) If any property is withdrawn:

�� (A) Show the resulting perimeter boundaries of the condominium after the withdrawal; and

�� (B) Show the information required under subsection (1)(h) of this section as it relates to any remaining variable property.

�� (c) If any property is reclassified, show the information required under subsection (1)(a) to (d) of this section.

�� (d) Include a �Declarant�s Statement� that the property described on the supplemental plat is reclassified or withdrawn from the condominium and that the condominium exists as described and depicted on the plat.

�� (e) Include a surveyor�s certificate complying with ORS 92.070.

�� (3) The title of each supplemental plat described in ORS 100.120 shall include the complete name of the condominium, followed by the additional language specified in this subsection and the appropriate reference to the stage being annexed or tract of variable property being reclassified. Each supplemental plat for a condominium recorded on or after January 1, 2002, shall be numbered sequentially and shall:

�� (a) If property is annexed under ORS 100.125, include the words �Supplemental Plat No. _: Annexation of Stage ___�; or

�� (b) If property is reclassified under ORS 100.150, include the words �Supplemental Plat No. _: Reclassification of Variable Property, Tract ___.�

�� (4) Upon request of the county surveyor or assessor, the person offering a plat or supplemental plat for recording shall also file an exact copy, certified by the surveyor who made the plat to be an exact copy of the plat, with the county assessor and the county surveyor. The exact copy shall be made on suitable drafting material having the characteristics of strength, stability and transparency required by the county surveyor.

�� (5) Before a plat or a supplemental plat may be recorded, it must be approved by the city or county surveyor as provided in ORS 92.100. Before approving the plat as required by this section, the city or county surveyor shall:

�� (a) Check the boundaries of the plat and units and take measurements and make computations necessary to determine that the plat complies with this section.

�� (b) Determine that the name complies with ORS 100.105 (5) and (6).

�� (c) Determine that the following are consistent:

�� (A) The designation and area in square feet of each unit shown on the plat and the unit designations and areas contained in the declaration in accordance with ORS

ORS 92.100

92.100. The surveyor shall approve the declaration amendment if it complies with subsection (7) of this section. The approval must be evidenced by execution of the amendment or by attached written approval.

�� (10)(a) Subject to paragraph (c) of this subsection, floor plans of a condominium for which floor plans were not required to be shown on a plat at the time of creation of the condominium or at the time of the recording of a supplemental declaration annexing property to the condominium may be amended by:

�� (A) An amendment of the declaration under paragraph (b) of this subsection; or

�� (B) A plat amendment under subsections (3) to (5) of this section.

�� (b) An amendment of the declaration must include:

�� (A) References to recording index numbers and date of recording of the declaration and any applicable supplemental declarations or amendments.

�� (B) A description of the change to the floor plans.

�� (C) A graphic depiction of any change to the boundaries of a unit or common element and a statement by a registered architect, registered professional land surveyor or registered professional engineer certifying that such graphic depiction fully and accurately depicts the boundaries of the unit or common element as it currently exists.

�� (c) Notwithstanding that floor plans were not required to be shown on a plat at the time of creation of the condominium or at the time of the recording of a supplemental declaration annexing property to the condominium, if floor plans are shown on a plat, the plat may not be amended under paragraph (b) of this subsection.

�� (11) The declaration amendment described in subsection (10)(b) of this section must be approved and recorded in accordance with ORS 100.110 and 100.135 except that any change to the floor plans need only comply with the requirements of the unit ownership laws in effect at the time the floor plans were initially recorded.

�� (12) After recording any declaration amendment or plat amendment pursuant to this section, the county surveyor may make appropriate changes to the surveyor�s copy of all previously recorded plats relating to the condominium and any copies filed under ORS 92.120 (3). The original plat may not be changed or corrected after the plat is recorded.

�� (13) For performing the services described in subsections (6), (9) and (12) of this section, the county surveyor shall collect from the person offering the plat amendment or declaration amendment for approval a fee established by the county governing body. [2009 c.641 �43; 2019 c.69 �5]

�� Note: 100.116 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.

�� 100.117 Correction amendment to declaration or bylaws. (1) As used in this section and ORS 100.118, �document� means the declaration, supplemental declaration or bylaws of a condominium.

�� (2) Notwithstanding a provision in a document or this chapter, a document or an amendment to a document may be corrected by a correction amendment under this section to:

�� (a) Correct the omission of an exhibit to a document.

�� (b) Correct a mathematical mistake, including, but not limited to:

�� (A) The calculation of the stated interest of affected units in the common elements;

�� (B) The area in square feet of a unit specified in the declaration or supplement declaration; and

�� (C) Liability of a unit for common expenses or right to common profits.

�� (c) Correct an inconsistency within a document or between or among the documents or a plat, supplemental plat or plat amendment.

�� (d) Correct an ambiguity, inconsistency or error with respect to an objectively verifiable fact.

�� (e) Authorize a plat amendment by correction under ORS 100.118 or an affidavit of correction under ORS 100.118.

�� (f) Correct a provision that was inconsistent with this chapter at the time the document was recorded.

�� (g) Correct the omission of a provision required under this chapter.

�� (3) A correction amendment adopted under subsection (4) of this section must include:

�� (a) The words �Correction Amendment� in or after the title;

�� (b) A reference to the recording index numbers and date of recording of the declaration, bylaws, plat, the document being corrected and any other applicable supplemental declarations, supplemental plats or amendments to the documents;

�� (c) A statement of the purpose of the correction; and

�� (d) A reference to any provisions of subsection (2) of this section that authorize the correction amendment.

�� (4) The board of directors may adopt a correction amendment under this section after giving notice as provided in subsection (8) of this section. No action by the unit owners is required.

�� (5) The declarant of the condominium may unilaterally adopt a correction amendment under this section to:

�� (a) A document or an amendment to a document, before the conveyance of the first unit in the condominium.

�� (b) A supplemental declaration or an amendment to the supplemental declaration, before conveyance of the first unit created by the supplemental declaration.

�� (6) A correction amendment under this section is not effective unless:

�� (a) The amendment is approved by the Real Estate Commissioner under ORS 100.110 and, to the extent required, ORS 100.410 and 100.413, by the county assessor and by the county tax collector, if required, under ORS 100.110;

�� (b) The amendment is certified by the association as adopted in accordance with subsection (4) of this section and acknowledged or is certified by the declarant under subsection (5) of this section and acknowledged; and

�� (c) Is recorded.

�� (7) A correction amendment to a declaration or a supplemental declaration that corrects the boundary of a unit, common element, variable property or other property interest constitutes a conveyance to the extent necessary to effectuate the correction.

�� (8)(a) Except for a correction amendment adopted by a declarant under subsection (5) of this section, the notice of any meeting of the board of directors at which the board intends to consider adoption of a correction amendment under this section must:

�� (A) State that the board intends to consider the adoption of a correction amendment.

�� (B) Specify the document to be corrected.

�� (C) Include a description of the nature of the correction.

�� (b) At least three days before the meeting of the board of directors, a notice of the meeting must be given to all owners in the manner described in ORS 100.420 (6).

�� (9) The owner of a unit materially affected by the correction must be given notice of the meeting of the board of directors under subsection (8) of this section in the manner required under ORS 100.407 (4).

�� (10) The board of directors shall provide a copy of the recorded correction amendment and any plat amendment by correction or by affidavit of correction under ORS 100.118 recorded concurrently with the correction amendment to any owner described under subsection (9) of this section and to any owner if the correction changes that owner�s:

�� (a) Allocation of voting rights;

�� (b) Liability for common expenses that changes the amount of any assessment; or

�� (c) Allocation of interest in the common elements. [2009 c.641 �43a; 2011 c.532 �19; 2019 c.69 �6; 2021 c.40 �17]

�� Note: 100.117 and 100.118 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 100 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 100.118 Correction amendment to condominium plat; fees. (1) Unless the context requires otherwise, as used in this section �plat� means:

�� (a) A plat recorded under ORS 100.115.

�� (b) Floor plans made part of a plat that was recorded before October 15, 1983.

�� (c) A supplemental plat recorded under ORS 100.115.

�� (d) A plat amendment recorded under ORS 100.116.

�� (2) Notwithstanding a provision in a document of a condominium or this chapter, a plat may be corrected by a plat amendment under ORS 100.116 as provided in subsection (3) of this section or by an affidavit of correction as provided in subsection (4) of this section.

�� (3) Except as provided in subsection (4) of this section, a correction to a plat must be made by a plat amendment in accordance with ORS 100.116. The plat amendment by correction may:

�� (a) Conform the designation, depiction or boundaries of a unit, common elements or variable property on the plat to the physical location or actual dimensions of the unit, common elements or variable property.

�� (b) Correct a mathematical mistake.

�� (c) Correct the designation of a unit or limited common element.

�� (d) Make any other correction permitted under ORS 100.117.

�� (4) An affidavit of correction may correct a plat to:

�� (a) Show any courses or distances omitted from the plat.

�� (b) Correct an error in any courses or distances shown on the plat.

�� (c) Correct an error in the description of the real property shown on the plat.

�� (d) Correct any other errors or omissions when the error or omission is ascertainable from the data shown on the plat.

�� (e) Correct any other errors or omissions on the plat determined by the county surveyor.

�� (5) Nothing in subsection (4) of this section may be construed to permit changes in courses or distances for the purpose of redesigning unit, common element or variable property configurations by affidavit of correction under this section.

�� (6) The affidavit of correction shall be prepared by the registered professional land surveyor whose signature and seal are on the plat. In the event of the death, disability or retirement from practice of the surveyor, the county surveyor may prepare and record the affidavit of correction.

�� (7) The affidavit of correction prepared under subsection (6) of this section shall:

�� (a) Set forth in detail the corrections made; and

�� (b) Contain the seal and signature of the registered professional land surveyor making the correction which shall be affixed to the affidavit of correction.

�� (8) The affidavit of correction shall be submitted to the county surveyor for examination and a determination that:

�� (a) The changes shown on the affidavit of correction are permitted under subsection (4) of this section; and

�� (b) The affidavit of correction complies with subsection (7) of this section.

�� (9) If the county surveyor determines that the affidavit of correction complies with subsection (7) of this section, the county surveyor shall sign a certification that the affidavit of correction has been examined and complies with this section. The certification shall be a part of or an attachment to the affidavit of correction.

�� (10)(a) Before an affidavit of correction is recorded, it must be approved by the Real Estate Commissioner. The affidavit of correction shall be filed with the commissioner under ORS 100.670.

�� (b) The commissioner shall approve the affidavit of correction if it complies with this section. The approval shall be evidenced by execution of the affidavit of correction.

�� (11)(a) The surveyor who prepared the affidavit of correction shall cause the affidavit of correction to be recorded by the recording officer of the county where the plat or supplemental plat is recorded.

�� (b) If a correction by an affidavit of correction requires a correction amendment to a document under ORS 100.117, the affidavit of correction must be recorded concurrently with the correction amendment.

�� (12) The surveyor who prepared the affidavit of correction shall cause a copy of the recorded affidavit of correction to be provided to:

�� (a) The association of unit owners of the condominium, at the address shown in the Condominium Information Report filed in accordance with ORS 100.250 or such other address of which the surveyor has knowledge.

�� (b) The county surveyor, unless otherwise directed by the county surveyor.

�� (c) The commissioner.

�� (13)(a) Unless otherwise specified in the affidavit of correction, after recording the affidavit of correction, the county clerk shall return the affidavit of correction to the county surveyor.

�� (b) Upon receipt of the original recorded affidavit of correction or a copy, the county surveyor shall note the correction and the recorder�s filing information, with permanent ink, upon any true and exact copies filed in accordance with ORS 92.120 (3). The corrections and filing information shall be marked in such a manner so as not to obliterate any portion of the plat.

�� (14) For recording the affidavit of correction under subsection (11) of this section, the county clerk shall collect a fee as provided in ORS 205.320. Corrections or changes are not allowed on the original plat once it is recorded.

�� (15) For performing the services described in this section, the county surveyor shall collect from the person submitting the affidavit of correction a fee established by the county governing body. [2009 c.641 �43b]

�� Note: See note under 100.117.

�� 100.119 Restated declaration; restated assignment of use. (1) An association of unit owners may adopt a resolution, without approval of unit owners, to prepare and record a restated declaration that must include:

�� (a) The word �Restated� in the declaration title.

�� (b) All previously adopted amendments that are recorded and in effect.

�� (c) A statement that the association has adopted a resolution in accordance with this subsection.

�� (d) A reference to the recording index numbers and date of recording of the initial declaration and all previously recorded amendments that are in effect and are being codified.

�� (e) A certification by the association that:

�� (A) The restated declaration includes all previously adopted amendments that are recorded and in effect.

�� (B) Other changes were not made to the declaration except, if applicable, to correct scriveners� errors or to conform format and style.

�� (2) The association may adopt a resolution, without specific approval of unit owners, to prepare and record a restated assignment of use of limited common elements under this section, that must include:

�� (a) The words �Restated Assignment of Use of Limited Common Elements� followed by the title of the declaration and the name of the condominium if the name is not part of the title of the declaration.

�� (b) An assignment of use of all limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.

�� (c) A reference to the recording index numbers and date of recording of the initial declarations and all supplemental declarations and amendments that are recorded and in effect.

�� (d) The unit to which the use of each limited common element is reserved.

�� (e) An allocation, if any, of use of a limited common element assigned to more than one unit.

�� (f) If the condominium is a flexible condominium or a staged condominium, the location of each unit and limited common element assigned to the unit by stage, supplemental declaration, applicable plat or other method.

�� (g) A statement that the association has adopted a resolution in accordance with this subsection.

�� (h) Any other information required by rule by the Real Estate Commissioner.

�� (i) Certification by the association that:

�� (A) The restated assignment of use of limited common elements includes all assignments of use of limited common elements of the type assigned in the declaration, a supplemental declaration or an amendment to the declaration.

�� (B) Other changes were not made to the restatement except to correct scriveners� errors or to conform format and style.

�� (3) If the restated declaration or the restated assignment of use conflicts with a recorded and effective document that supplemented or amended the declaration or assignment, the document that supplemented or amended the declaration or assignment controls.

�� (4) A restated declaration or a restated assignment of use under this section is not effective unless:

�� (a) Executed by the association and acknowledged;

�� (b) Approved by the commissioner under ORS 100.110; and

�� (c) Recorded in the office of the recording officer of every county in which the condominium is located.

�� (5) The association shall file a copy of the recorded restated declaration or assignment of use with the commissioner. [2019 c.69 �2]

�� Note: 100.119 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.

�� 100.120 Supplemental declaration and plat required to annex additional property or reclassify variable property; termination date. (1)(a) To annex additional property to the condominium under ORS 100.125 or to reclassify or redesignate variable property under ORS 100.150 (1), a supplemental declaration and a supplemental plat must be executed, approved and recorded by the declarant in each county in which the property is located at the time of each annexation, reclassification or redesignation as provided in this section.

�� (b) Withdrawable variable property may not be redesignated nonwithdrawable variable property under this chapter by an amendment to the declaration, plat, supplemental declaration or supplemental plat.

�� (2) The supplemental plat must comply with ORS 100.115 and the supplemental declarations must:

�� (a) Include a reference to recording index numbers and date of recording of the initial declaration and bylaws.

�� (b) Be consistent with the provisions of the original declaration prepared pursuant to ORS

ORS 94.048

94.048; 2001 c.756 �30; 2009 c.641 �45; 2019 c.69 �39]

�� 100.130 Relocation of unit boundaries and common elements by amendment to declaration. (1) Subject to any limitations contained in the declaration, the boundaries between adjoining units, including any intervening common elements, may be relocated or eliminated by an amendment to the declaration under this section.

�� (2)(a) The owners of the affected units shall submit to the board of directors of the association a proposed amendment that must:

�� (A) Include a reference to the recording index numbers and date of recording of the declaration, bylaws, plat and any applicable amendments, supplemental declaration and supplemental plat;

�� (B) State that the amendment is adopted and recorded under this section;

�� (C) Identify the units involved;

�� (D) State any reallocations of common element interest, voting rights, common expense liability and right to common profits; and

�� (E) Contain words of conveyance.

�� (b) If the declaration provides that the method of determining any of the reallocations described in paragraph (a)(D) of this subsection is based on the area of the unit, the reallocation must be calculated according to the area of the affected units as originally stated in the declaration, notwithstanding any change in the total area of the affected units. The amendment may not change the allocations of any other units.

�� (3) The board of directors shall approve the amendment unless it determines within 45 days that the reallocations are unreasonable or the relocation or elimination 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 of the association of unit owners may require the owners of the affected units to submit an opinion of a registered architect or registered professional engineer that the proposed relocation or elimination will not impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

�� (5) The board of directors of the association or any agent appointed by the board of directors may supervise the work necessary to effect the boundary relocation or elimination.

�� (6) Any expenses incurred under subsections (4) and (5) of this section shall be charged to the owners of the units requesting the boundary relocation or elimination.

�� (7) An amendment described in this section is not effective unless:

�� (a) Executed by the owners and approved by the mortgagees or trust deed beneficiaries of the affected units;

�� (b) Executed and certified by the association as required in ORS 100.135 (2);

�� (c) Approved by the Real Estate Commissioner, county tax collector and county tax assessor as required by ORS 100.110; and

�� (d) Recorded in the deed records of each county in which the condominium is located.

�� (8) An amendment to the plat and any floor plans necessary to show the altered boundaries between the adjoining units shall be recorded in accordance with ORS 100.116. [Formerly

ORS 94.243

94.243; 2009 c.641 �47]

�� 100.520 Easement held by units and common elements. (1) Except as otherwise provided in the declaration, each unit shall have an easement through each other unit and through the common elements for utility, wiring, heat, plumbing and other service elements, and for reasonable access required to effectuate and continue proper operation of the condominium.

�� (2) Each unit and all common elements shall have an easement over all adjoining units and common elements for the purpose of accommodating any present or future encroachment as a result of engineering errors, construction, reconstruction, repairs, settlement, shifting, or movement of any portion of the property, or any other similar cause, and any encroachment due to building overhang or projection. There shall be valid easements for the maintenance of the encroaching units and common elements so long as the encroachments shall exist, and except as otherwise provided in subsection (3) of this section, the rights and obligations of owners shall not be altered in any way by the encroachment.

�� (3) The easement described under subsection (2) of this section does not relieve a unit owner of liability in case of willful misconduct of a unit owner or relieve a declarant or any contractor, subcontractor or materialman of liability for failure to adhere to the plat and any floor plans recorded pursuant to ORS 100.115.

�� (4) The encroachments described in subsection (2) of this section shall not be construed to be encumbrances affecting the marketability of title to any unit. [Formerly

ORS 94.260

94.260; 1999 c.677 �53; 2001 c.756 �51; 2009 c.641 �33; 2019 c.69 �17]

�� 100.535 Maintenance and improvement of units. (1) Subject to subsections (5) and (6) of this section and any additional limitations contained in the declaration or bylaws, a unit owner:

�� (a) May make any improvements or alterations to the unit of the unit owner that do not impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

�� (b) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may submit a written request to the board of directors for permission to remove or alter any intervening partition or to create apertures therein, even if the partition in whole or in part is a common element.

�� (2) The board of directors shall approve the change unless it determines within 45 days that the proposed change will impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

�� (3) The board of directors may require the unit owner, at the expense of the unit owner, to submit an opinion of a registered architect or registered professional engineer that the proposed change will not impair the structural integrity or mechanical systems of the condominium or lessen the support of any portion of the condominium.

�� (4) Removal of partitions or creation of apertures under subsection (1) of this section is not an alteration of boundaries.

�� (5) A unit owner shall make no repair or alteration or perform any other work on the unit which would jeopardize the soundness or safety of the property, reduce the value thereof, impair any easement or hereditament or increase the common expenses of the association unless the consent of all the other unit owners affected is first obtained.

�� (6)(a) Unless otherwise provided in the declaration or bylaws, a unit owner may not change the appearance of the common elements or the exterior appearance of a unit without written approval of the board of directors of the association.

�� (b) Notwithstanding a contrary provision in the declaration or bylaws, the approval of the board of directors under paragraph (a) of this subsection may be conditioned upon requirements, including assignment of responsibility for maintenance or repair.

�� (7) Unless otherwise provided in the declaration or bylaws, a unit owner is responsible for the maintenance, repair and replacement of the unit. [Formerly 94.265; 2007 c.410 �15; 2011 c.532 �13]

�� 100.538 Inapplicability of moisture intrusion inspection requirements and reduced statute of limitations to units under full owner responsibility. ORS 12.135 (4), 100.210 (5)(r) and

ORS 94.342

94.342; 2019 c.69 �23]

�� 100.650 Service of process on nonresident developer; consent for service on commissioner; contents of consent; records of service on commissioner. (1) Every nonresident developer, at the time of filing the information required by ORS 100.635, shall also file with the Real Estate Commissioner an irrevocable consent that if, in any suit or action commenced against the nonresident developer in this state arising out of a violation of any provision of this chapter, personal service of summons or process upon the nonresident developer cannot be made in this state after the exercise of due diligence, a valid service may thereupon be made upon the nonresident developer by service on the commissioner.

�� (2) The consent shall be in writing executed and verified by an officer of a corporation or association, a general partner of a partnership or by an individual developer and shall set forth:

�� (a) The name of the developer.

�� (b) The address to which documents served upon the commissioner are to be forwarded.

�� (c) If the developer is a corporation or unincorporated association, that the consent signed by such officer was authorized by resolution duly adopted by the board of directors.

�� (3) The address for forwarding documents served under this section may be changed by filing a new consent in the form prescribed in subsection (2) of this section.

�� (4) Service on the commissioner of any such process shall be made by delivery to the commissioner or a clerk on duty in any office of the commissioner, duplicate copies of such process, with duplicate copies of any papers required by law to be delivered in connection with such service.

�� (5) When the commissioner is served with any such process, the commissioner shall immediately cause one of the copies thereof, with any accompanying papers, to be forwarded by registered mail or by certified mail with return receipt to the developer at the address set forth in the consent.

�� (6) The commissioner shall keep a record of all processes, notices and demands served upon the commissioner under this section, and shall record therein the time of such service and the action with reference thereto. [Formerly 94.348; 1991 c.249 �12]

�� 100.655 Disclosure statement; contents; disclosure statement from other state; declarant liability limited. (1) The disclosure statement submitted to the Real Estate Commissioner as part of a filing under ORS 100.635 must contain the following information:

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

�� (b) A general narrative description of the condominium stating the total number of units, a description of the types of units, the total number of units that may be included in the condominium pursuant to ORS 100.105 (2), and a precise statement of the nature of the interest which is being offered.

�� (c) A reference to the recording index numbers and date of recording of the declaration, bylaws and plat with the county recording officer or a statement that the proposed condominium is not yet submitted to the condominium form of ownership.

�� (d) If at the time of filing:

�� (A) The construction of the project is not completed, general disclosure of the status of construction and the actual or scheduled dates of completion of buildings, recreational facilities and other common elements, including a statement describing any recreational facilities or improvements to the common elements that the developer reserves the right to develop or promises to develop, or a statement that there are no such facilities or improvements; or

�� (B) The construction of the project is completed, the actual dates of completion of buildings, recreational facilities and other common elements if known by the developer.

�� (e) The nature and significant terms of any financing offered by the developer to purchasers of the condominium units.

�� (f) Copies of any warranties for structural elements and mechanical and other systems or a brief description of such warranties.

�� (g)(A) A current or projected budget of the association of unit owners for the operation and maintenance and any other common expenses of the condominium, including an amount for a subsidy of the association by the declarant, if any, by a contribution of funds, goods or services;

�� (B) A brief statement of the method of determining liability for common expenses and the right to common profits; and

�� (C) The following notice in at least 12-point type and in all capitals or boldface:

NOTICE TO PROSPECTIVE PURCHASERS

THE PROJECTION OF THE BUDGET OF THE ASSOCIATION OF UNIT OWNERS FOR THE OPERATION AND MAINTENANCE AND OTHER COMMON EXPENSES OF THE CONDOMINIUM IS ONLY AN ESTIMATE, PREPARED WITH DUE CARE.

�� (h) If a provision for reserves under ORS 100.175 is included in the budget disclosed under paragraph (g) of this subsection:

�� (A) A statement identifying the information constituting the basis for the reserve assessment under ORS 100.175;

�� (B) A statement that the information constituting the basis for the reserve assessment identified under ORS 100.175 is available for review upon written request to the declarant or the designated person, unless included in the disclosure statement; and

�� (C) If the reserve study is not submitted with the filing required by ORS 100.635, the following notice in at least 12-point type and in all capitals or boldface:

NOTICE TO PROSPECTIVE PURCHASERS

THE RESERVE STUDY IS NOT CURRENTLY AVAILABLE FOR REVIEW. THE REAL ESTATE COMMISSIONER MAY NOT APPROVE THE DECLARATION FOR RECORDING UNLESS THE RESERVE STUDY HAS BEEN SUBMITTED. WHEN COMPLETED, THE RESERVE STUDY WILL BE AVAILABLE FOR REVIEW AT THE OFFICE OF THE REAL ESTATE COMMISSIONER OR UPON WRITTEN REQUEST TO THE DECLARANT OR DESIGNATED PERSON. PROSPECTIVE PURCHASERS SHOULD CONTACT THE DECLARANT REGARDING THE ANTICIPATED AVAILABILITY OF THE RESERVE STUDY OR ANY OTHER INFORMATION ABOUT THE PROPOSED CONDOMINIUM.

�� (i) In the case of a conversion condominium, a statement of:

�� (A) The present condition of all structural components and major mechanical and utility installations in the condominium, including the approximate date of construction and a reasonable estimate of the remaining useful life of, at a minimum, the roof, siding, plumbing, electrical, HVAC system, asphalt, sidewalks and decks;

�� (B) In at least 12-point type and in all capitals or boldface, whether the assessment of conditions under subparagraph (A) of this paragraph was prepared by a registered engineer, registered architect or certified home inspector; and

�� (C) The statutory procedure required to create a conversion condominium.

�� (j) A cross-reference to the portions of the declaration, any supplemental declaration and bylaws containing the general power and authority of the board of directors, the method of apportionment of voting rights among the unit owners and a statement of the nature and extent of control of the board of directors retained by the developer by voting rights or otherwise.

�� (k) A list of the documents by which purchasers may be bound, including the declaration, bylaws, ground leases, management agreement, easements, covenants, restrictions and conditions.

�� (L) A statement of whether there are any restrictions on alienation of units or any use or occupancy restrictions, such as limitations on residential or commercial use, pets, age of occupants or number of occupants, and a cross-reference to those portions of the declaration, any supplemental declaration, bylaws or any other document containing the principal provisions relating to those restrictions.

�� (m) If the condominium is a staged condominium, whether the declarant reserves the right to annex additional property to the condominium pursuant to ORS 100.125 and, if so:

�� (A) The maximum number of units;

�� (B) The date after which annexation right terminates;

�� (C) The description of additional common elements declarant reserves right to annex to the property and whether such common elements might substantially increase the proportionate amount of common expenses by current unit owners; and

�� (D) The effect of annexation of additional units on allocation of interest in the common elements and voting rights.

�� (n) If the condominium or any stage being filed under ORS 100.635 contains or may contain any variable property, a statement of the rights reserved by the declarant under ORS 100.150 (1) and the results specified in ORS 100.155 if such rights are not exercised.

�� (o) Any additional information required by the commissioner.

�� (2) In lieu of the disclosure statement required under subsection (1) of this section, the commissioner may accept a disclosure report issued or approved by another state or governmental agency.

�� (3) The declarant is not liable to the association or the owners with respect to a statement of condition or estimate of useful life contained in the disclosure statement if:

�� (a) The declarant did not have actual knowledge of any inaccuracies in the statement at the time of delivery of the disclosure statement to the purchaser; and

�� (b) The declarant relied upon reports prepared by registered engineers or registered architects in making the statement or, if the condominium has four or fewer units, reports prepared by registered engineers, registered architects or certified home inspectors. [Formerly 94.351; 1997 c.816 �14; 1999 c.677 �55; 2001 c.756 �54; 2003 c.569 �40; 2007 c.409 �36; 2009 c.259 �22; 2019 c.69 �24]

�� 100.658 Limited residential condominium filing. (1) A declarant that proposes to submit real property to the condominium form of ownership under this chapter and does not intend to sell units in the condominium for which the developer must file a disclosure statement under ORS 100.635 may request approval of the declaration and bylaws or a supplemental declaration by:

�� (a) Submitting the fee required by ORS 100.670; and

�� (b) Filing a limited residential condominium filing described in subsection (2) of this section with the Real Estate Commissioner.

�� (2) A limited residential condominium filing must include:

�� (a) General information, provided on a form prescribed and furnished by the commissioner, including:

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

�� (B) The name, address and telephone number of the declarant and any agent of the declarant.

�� (b) For approval of the declaration and bylaws or a supplemental declaration, in addition to the documents and information required under ORS 100.668 (2) or (3), an executed and acknowledged affidavit of compliance, in a form prescribed and furnished by the commissioner, that requires the declarant to:

�� (A) Agree to comply with ORS 100.660, 100.705, 100.725 and 100.740 before the declarant sells any unit in the condominium;

�� (B) Assert understanding that violations of ORS 100.660, 100.705, 100.725 or 100.740 are subject to civil penalties and sanctions under ORS 100.900 and 100.905 and criminal penalties under ORS 100.990; and

�� (C) Assert understanding that violations of ORS 100.705 are subject to ORS 646.605 to

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)