Oregon HVAC & Mechanical Licensing Law

Oregon Code · 117 sections

The following is the full text of Oregon’s hvac & mechanical 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�� 308.480 [Repealed by 1975 c.365 �4]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 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 111.075

111.075 or a court administrator, upon request, shall furnish to the State Treasurer the titles of estates of decedents that have remained open for more than three years and in which no heirs, or only persons whose right to inherit the proceeds thereof is being contested, have appeared to claim the estate. [1969 c.591 �191; 1991 c.230 �24; 1991 c.790 �9a; 2003 c.395 �17; 2017 c.169 �58; 2019 c.678 �45]

�� 116.253 Recovery of escheated property. (1) Within 10 years after the death of a decedent whose estate escheated in whole or in part to the state, or within eight years after the entry of a judgment or order escheating property of an estate to the state, a claim may be made for the property escheated, or the proceeds thereof, by or on behalf of a person not having actual knowledge of the escheat or by or on behalf of a person who at the time of the escheat was unable to prove entitlement to the escheated property.

�� (2) The claim shall be made by a petition filed with the State Treasurer. The petition must include:

�� (a) A declaration by the petitioner under penalty of perjury in the form required by ORCP 1 E or an unsworn declaration under ORS 194.800 to 194.835 if the declarant is physically outside the boundaries of the United States;

�� (b) The age and place of residence of the claimant by whom or on whose behalf the petition is filed;

�� (c) A brief description of the property or source of funds believed to have been escheated to the state;

�� (d) That the claimant lawfully is entitled to the property or proceeds;

�� (e) That at the time the property escheated to the state the claimant had no knowledge or notice thereof or was unable to prove entitlement to the escheated property and has subsequently acquired new evidence of that entitlement;

�� (f) That the claimant claims the property or proceeds as an heir or devisee or as the personal representative of the estate of an heir or devisee, setting forth any relationship between the claimant and the decedent who at the time of death owned the escheated property;

�� (g) That 10 years have not elapsed since the death of the decedent or that eight years have not elapsed since the entry of the judgment or order escheating the property to the state; and

�� (h) If the petition is not filed by the claimant, the status of the petitioner.

�� (3) If the State Treasurer determines that the claimant is entitled to escheated estate property, the State Treasurer shall:

�� (a) Pay from the Unclaimed Property and Estates Fund the proportional share of the proceeds or value of the property without interest and subject to the proportional share of the costs of administering the estate, including attorney fees and personal representative fees paid by the estate; or

�� (b) If personal or real property is in the Unclaimed Property and Estates Fund, transfer the property without interest and subject to a claim of the Unclaimed Property and Estates Fund of a proportional share of the costs of administering the estate, including attorney fees and personal representative fees paid by the estate, and any property taxes or other costs of managing or improving the property, whether incurred before or after the close of the estate.

�� (4) If the person whose property escheated or reverted to the state was at any time a patient of a state institution in Oregon for persons with mental illness or of the Eastern Oregon Training Center, the reasonable unpaid cost of the care and maintenance of the person while a ward of the institution, regardless of when the cost was incurred, may be deducted from, or, if necessary, be offset in full against, the amount of the escheated property. The reasonable unpaid cost of care and maintenance shall be determined in accordance with ORS 179.701.

�� (5) For the purposes of this section, the death of the decedent is presumed to have occurred on the date shown in the decedent�s certified copy of the death record or in any other similar document issued by the jurisdiction in which the death occurred or issued by an agency of the federal government.

�� (6) A person aggrieved by a determination of the State Treasurer under this section may seek a contested case hearing under ORS 183.413 to 183.470. [Formerly 120.130; 2003 c.395 �18; 2003 c.576 �380a; 2007 c.70 �23; 2007 c.284 �3; 2009 c.595 �83; 2013 c.36 �34; 2013 c.218 �15; 2013 c.366 �61; 2019 c.678 �46; 2021 c.424 �16]

�� 116.263 Payment of debt and delivery of property to foreign personal representative without local administration. (1) Three months or more after the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession of personal property or an instrument evidencing a debt, obligation, stock or right to sue belonging to the estate of the nonresident decedent may make payment of the indebtedness, in whole or in part, or deliver the personal property or the instrument evidencing the debt, obligation, stock or right to sue to the foreign personal representative of the nonresident decedent, upon an affidavit made by or on behalf of the foreign personal representative, accompanied by proof of the foreign personal representative�s authority, stating:

�� (a) The date of the death of the nonresident decedent;

�� (b) That no local administration or application therefor is pending in this state; and

�� (c) That the foreign personal representative is entitled to payment or delivery.

�� (2) Payment or delivery made in good faith on the basis of the affidavit is a discharge of the debtor or person having possession of the personal property.

�� (3) Payment or delivery may not be made under this section if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the foreign personal representative. [1969 c.591 �193; 1987 c.646 �3; 2017 c.169 �39]

APPORTIONMENT OF ESTATE TAXES

�� 116.303 Definitions for ORS 116.303 to 116.383. As used in ORS 116.303 to 116.383:

�� (1) �Estate� means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this state under ORS 118.005 to

ORS 137.930

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

�� (w) Manufactures mercury fever thermometers.

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

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

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

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

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

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

�� (bb) Violates ORS

ORS 163.355

163.355.

�� (C) �Serious injury� means physical injury that creates a substantial risk of death or that causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

�� (D) �Sexual abuse� means any form of sexual contact between an employee of a residential care facility or a long term care facility or a person providing services in the facility and a resident of that facility, including but not limited to sodomy, sexual coercion, sexually explicit photographing and sexual harassment.

�� (5) When imposing penalties under this section for a violation that qualifies as abuse under state law and results in less than serious harm as defined in subsection (2) of this section, the director shall reduce the penalty by not less than 25 percent if the facility self-reported the abuse to the department.

�� (6) The department shall identify and track the number of abuse violations that are reported to the department by a facility and compile statistics on the rate of self-reporting by facilities as compared to abuse complaints from other sources.

�� (7)(a) When the director notifies a facility of a violation for which a penalty may be imposed under this section, the director shall describe in the notice the specific remediations that the facility must make to achieve substantial compliance regarding the violation. In the notice, the director shall prescribe a reasonable time for elimination of the violation:

�� (A) Not to exceed 30 days after first notice of a violation; or

�� (B) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director.

�� (b) The director shall hold in abeyance a penalty for a level 2 violation or level 3 violation for the period prescribed under paragraph (a) of this subsection. If the facility achieves substantial compliance as described in the notice required under paragraph (a) of this subsection within the prescribed time period, the director shall withdraw some or all of the penalty.

�� (c) As used in this subsection, �substantial compliance� means a level of compliance with state law and with rules of the department such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents of a facility. [2017 c.679 �4]

�� Note: See note under 441.705.

�� 441.735 [1975 c.328 �6; 1977 c.261 �10; 1989 c.706 �13; repealed by 1991 c.734 �122]

�� 441.736 License conditions. (1) As used in this section:

�� (a) �Immediate jeopardy� means a situation in which the failure of a residential care facility or a long term care facility to comply with a rule of the Department of Human Services has caused or is likely to cause serious injury, serious harm, serious impairment or death to a resident.

�� (b) �License condition� includes but is not limited to:

�� (A) Restricting the total number of residents;

�� (B) Restricting the number and impairment level of residents based upon the capacity of the licensee and staff to meet the health and safety needs of all residents;

�� (C) Requiring additional staff or staff qualifications;

�� (D) Requiring additional training for staff;

�� (E) Requiring additional documentation; or

�� (F) Restriction of admissions.

�� (c) �Substantial compliance� means a level of compliance with state law and with rules of the department such that any identified deficiencies pose a risk of no more than negligible harm to the health or safety of residents of a residential care facility or a long term care facility.

�� (2)(a) The department may impose a condition on the license of a residential care facility or long term care facility in response to a substantiated finding of rule violation, including but not limited to a substantiated finding of abuse, and shall impose a condition on the license in response to a finding of immediate jeopardy, whether or not the finding of immediate jeopardy is substantiated at the time the license condition is imposed.

�� (b) The department shall impose a license condition in a scope and manner that is specifically designed to remediate the finding that led to the license condition.

�� (c) If the department imposes a license condition in response to a finding of immediate jeopardy to residents of the facility, and the finding of immediate jeopardy to residents of the facility is not substantiated within 30 days after the imposition of the license condition, the department shall immediately remove the license condition.

�� (d)(A) Except as provided in subparagraph (B) of this paragraph, the department shall provide a facility with a notice of impending imposition of license condition at least 48 hours before issuing an order imposing a license condition. The notice must:

�� (i) Describe the acts or omissions of the facility and the circumstances that led to the substantiated finding of rule violation or finding of immediate jeopardy supporting the imposition of the license condition;

�� (ii) Describe why the acts or omissions and the circumstances create a situation for which the imposition of a license condition is warranted;

�� (iii) Provide a brief statement identifying the nature of the license condition;

�� (iv) Provide a brief statement describing how the license condition is designed to remediate the circumstances that led to the license condition; and

�� (v) Provide a brief statement of the requirements for withdrawal of the license condition.

�� (B) If the threat to residents of a facility is so imminent that the department determines it is not safe or practical to give the facility advance notice, the department must provide the notice required under this paragraph within 48 hours of issuing an order imposing the license condition.

�� (e) An order imposing a license condition must include:

�� (A) A specific description of how the scope and manner of the license condition is designed to remediate the findings that led to the license condition; and

�� (B) A specific description of the requirements for withdrawal of the license condition.

�� (3) The department may impose a license condition that includes a restriction on admissions to the facility only if the department makes a finding of immediate jeopardy that is likely to present an immediate jeopardy to future residents upon admission.

�� (4)(a) Following the imposition of a license condition on a facility, the department shall:

�� (A) Within 15 business days of receipt of the facility�s written assertion of substantial compliance with the requirements set forth by the department for withdrawal of the license condition, reinspect or reevaluate the facility to determine whether the facility has achieved substantial compliance with the requirements;

�� (B) Notify the facility by telephone or electronic means of the findings of the reinspection or reevaluation within five business days after completion of the reinspection or reevaluation; and

�� (C) Issue a written report to the facility within 30 days after the reinspection or reevaluation notifying the facility of the department�s determinations regarding substantial compliance with the requirements necessary for withdrawal of the license condition.

�� (b) If the department finds that the facility has achieved substantial compliance regarding the violation for which the license condition was imposed, and finds that systems are in place to ensure similar deficiencies do not reoccur, the department shall withdraw the license condition.

�� (c) If after reinspection or reevaluation the department determines that the violation for which the license condition was imposed continues to exist, the department may not withdraw the license condition, and the department is not obligated to reinspect or reevaluate the facility again for 45 days after the first reinspection or reevaluation. The department shall provide the decision not to withdraw the license condition to the facility in writing and inform the facility of the right to a contested case hearing pursuant to ORS chapter 183. Nothing in this paragraph limits the department�s authority to visit or inspect the facility at any time.

�� (d) If the department does not meet the requirements of this subsection, a license condition is automatically removed on the date the department failed to meet the requirements of this subsection, unless the Director of Human Services extends the applicable period for no more than 15 business days. The director may not delegate the power to make a determination regarding an extension under this paragraph. [2017 c.679 �5; 2021 c.392 �4]

�� Note: See note under 441.705.

(Judicial Review)

�� 441.740 Judicial review. Judicial review of civil penalties imposed under ORS 441.710, shall be as provided under ORS 183.480, except that the court may, in its discretion, reduce the amount of the penalty. [1975 c.328 �7]

�� Note: See note under 441.705.

(Quality Care Fund)

�� 441.745 Penalties to Quality Care Fund. All penalties recovered under ORS 441.710 to 441.740 shall be deposited in the Quality Care Fund established in ORS 443.001. [1975 c.328 �8; 2009 c.837 �22; 2017 c.679 �44]

�� Note: See note under 441.705.

(Prohibition on Local Government Regulation of Long Term Care Facilities and Residential Care Facilities)

�� Note: Sections 2 and 6 (2), chapter 616, Oregon Laws 2021, provide:

�� Sec. 2. (1) As used in this section:

�� (a) �Emergency medical services provider� has the meaning given that term in ORS 682.025.

�� (b) �Local government� has the meaning given that term in ORS 174.116.

�� (c) �Long term care facility� has the meaning given that term in ORS 442.015.

�� (d) �Residential care facility� has the meaning given that term in ORS 443.400.

�� (2) The governing body of a local government may not enact or enforce any charter provision, ordinance, resolution or other regulation that:

�� (a) Regulates the care or services and supports provided to a patient or resident of a long term care facility or residential care facility, that are subject to regulation by the Department of Human Services under state or federal law, or pursuant to rules adopted by the department; or

�� (b) Imposes fees or other requirements that apply exclusively to long term care facilities or residential care facilities and are not generally applicable to business entities operating within the jurisdiction of the local government.

�� (3) Subsection (2) of this section does not apply to:

�� (a) Local government authority provided by state law, including but not limited to a local public health authority; or

�� (b) Laws that impose a fine, fee, charge or sanction against long term care facilities or residential care facilities that contact an emergency medical services provider to provide lift assist services to a resident who has fallen and who the long term care facility or residential care facility knows, or reasonably should have known, does not require the services of an emergency medical services provider. [2021 c.616 �2]

�� Sec. 6. (2) Section 2, chapter 616, Oregon Laws 2021, is repealed January 2, 2033. [2021 c.616 �6; 2025 c.485 �3(2)]

SUICIDE ATTEMPTS BY MINORS

�� 441.750 Suicide attempts by minors; referral; report; disclosure of information; limitation of liability. (1) Any hospital which treats as a patient a person under 18 years of age because the person has attempted to commit suicide:

�� (a) Shall cause that person to be provided with information and referral to inpatient or outpatient community resources, crisis intervention or other appropriate intervention by the patient�s attending physician, hospital social work staff or other appropriate staff.

�� (b) Shall report statistical information to the Oregon Health Authority about the person described in this subsection but is not required to report the name of the person.

�� (2) Any disclosure authorized by this section or any unauthorized disclosure of information or communications made privileged and confidential by this section shall not in any way abridge or destroy the confidential or privileged character thereof except for the purposes for which any authorized disclosure is made. Any person making a disclosure authorized by this section shall not be liable therefor, notwithstanding any contrary provisions of law.

�� (3) No physician, hospital or hospital employee shall be held criminally or civilly liable for action pursuant to this section, provided the physician, hospital or hospital employee acts in good faith on probable cause and without malice. [1987 c.189 �1; 2009 c.595 �743]

�� Note: 441.750 and 441.755 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 441.755 Report form; contents. (1) The Oregon Health Authority shall prescribe a form to be used by hospitals to make the report required by ORS 441.750 (1)(b) and shall prescribe the frequency of such reports.

�� (2) The report form may include the name of the hospital reporting, the date of birth, race and sex of person described in subsection (1) of this section, the suicide method used by the person and known prior attempts in the past 12 months.

�� (3) The authority shall compile the results from the reports and report the results to the public. [1987 c.189 �2; 2009 c.595 �744]

�� Note: See note under 441.750.

HOSPITAL STAFFING

(Staffing Committees and Plans)

�� 441.760 Definitions. As used in ORS 441.761 to 441.795:

�� (1) �Charge nurse� means a direct care registered nurse who coordinates patient care responsibilities among nurses in a hospital unit.

�� (2) �Clinical care staff� means individuals who are licensed or certified by the state and who provide direct care.

�� (3) �Direct care� means any care provided by a licensed or certified member of the hospital staff that is within the scope of the license or certification of the member.

�� (4) �Direct care staff� means any of the following who are routinely assigned to patient care and are replaced when they are absent:

�� (a) Registered nurses, including registered nurses that do not assume primary responsibility for a patient�s care but have responsibility for consulting on patient care;

�� (b) Licensed practical nurses; or

�� (c) Certified nursing assistants.

�� (5) �Exclusive representative� means a labor organization that is:

�� (a) Certified as an exclusive representative by the National Labor Relations Board; or

�� (b) Certified as an exclusive representative by the Employment Relations Board under ORS 243.650 to 243.809.

�� (6) �Hospital� includes a hospital as described in ORS 442.015 and an acute inpatient care facility as defined in ORS 442.470.

�� (7) �Intensive care unit� means a unit of a hospital that provides care to critically ill patients who require advanced treatments such as mechanical ventilation, vasoactive infusions or continuous renal replacement treatment or who require frequent assessment and monitoring.

�� (8) �Intermediate care unit� means a unit of a hospital that provides progressive care, intensive specialty care or step-down care.

�� (9) �Licensed independent practitioner� has the meaning given that term in ORS 426.005.

�� (10) �Medical-surgical unit� means an inpatient unit in which general medical or post-surgical level of care is provided, excluding critical care units and any units referred to in ORS 441.765, 441.766 and 441.767.

�� (11) �Professional staff� means professional workers as defined in a collective bargaining agreement or, if no collective bargaining agreement exists, by the chief executive officer of the hospital or the chief executive officer�s designee, consistent with National Labor Relations Board regulations.

�� (12) �Progressive care� means care provided to hospital patients who need more monitoring and assessment than patients on the medical-surgical units but whose conditions are not so unstable that they require care in an intensive care unit.

�� (13) �Service staff� means service workers as defined by a collective bargaining agreement or, if no collective bargaining agreement exists, by the chief executive officer of the hospital or the chief executive officer�s designee, consistent with National Labor Relations Board regulations.

�� (14) �Step-down care� means care for patients transitioning out of the intensive care unit who require more care and attention than patients in a hospital�s medical-surgical units.

�� (15) �Technical staff� means technical workers as defined in a collective bargaining agreement or, if no collective bargaining agreement exists, by the chief executive officer of the hospital or the chief executive officer�s designee, consistent with National Labor Relations Board regulations. [Formerly 441.151]

�� Note: 441.760 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 441.761 Nurse Staffing Advisory Board. (1)(a) The Nurse Staffing Advisory Board is established within the Oregon Health Authority, consisting of 12 members appointed by the Governor.

�� (b) Of the 12 members of the board:

�� (A) Six must be hospital nurse managers;

�� (B) Five must be direct care registered nurses who work in hospitals; and

�� (C) One must be either a direct care registered nurse who works in a hospital or a direct care staff member who is not a registered nurse and whose services are covered by a written hospital-wide staffing plan that meets the requirements of ORS 441.763.

�� (c) To the extent practicable, board members shall be appointed to ensure that the board is represented by members from hospitals where direct care staff are represented under a collective bargaining agreement and hospitals where direct care staff are not represented by a collective bargaining agreement and by hospitals of different sizes, types and geographic location.

�� (d) The term of office of each board member is three 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 January 1 next following. A member is eligible for reappointment, but may not serve more than two consecutive terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

�� (2) The board shall:

�� (a) Provide advice to the authority on the administration of ORS 441.761 to 441.795;

�� (b) Identify trends, opportunities and concerns related to nurse staffing;

�� (c) Make recommendations to the authority on the basis of those trends, opportunities and concerns; and

�� (d) Review the authority�s enforcement powers and processes under ORS 441.783 and 441.791.

�� (3)(a) Upon request, the authority shall provide the board with written hospital-wide staffing plans implemented under ORS 441.763, reviews conducted under ORS

ORS 166.416

166.416.

�� (81) Improperly transferring a firearm, as defined in ORS 166.418.

�� (82) Unlawfully purchasing a firearm, as defined in ORS 166.425.

�� (83) A violation of ORS 166.429.

�� (84) A violation of ORS 166.470.

�� (85) A violation of ORS 166.480.

�� (86) A violation of ORS 166.635.

�� (87) A violation of ORS 166.638.

�� (88) Unlawful paramilitary activity, as defined in ORS 166.660.

�� (89) A violation of ORS 166.720.

�� (90) Prostitution, as defined in ORS 167.007.

�� (91) Commercial sexual solicitation, as defined in ORS 167.008.

�� (92) Promoting prostitution, as defined in ORS 167.012.

�� (93) Compelling prostitution, as defined in ORS 167.017.

�� (94) Exhibiting an obscene performance to a minor, as defined in ORS 167.075.

�� (95) Unlawful gambling in the second degree, as defined in ORS 167.122.

�� (96) Unlawful gambling in the first degree, as defined in ORS 167.127.

�� (97) Possession of gambling records in the second degree, as defined in ORS 167.132.

�� (98) Possession of gambling records in the first degree, as defined in ORS 167.137.

�� (99) Possession of a gambling device, as defined in ORS 167.147.

�� (100) Possession of a gray machine, as defined in ORS 167.164.

�� (101) Cheating, as defined in ORS 167.167.

�� (102) Tampering with drug records, as defined in ORS 167.212.

�� (103) A violation of ORS 167.262.

�� (104) Research and animal interference, as defined in ORS 167.312.

�� (105) Animal abuse in the first degree, as defined in ORS 167.320.

�� (106) Aggravated animal abuse in the first degree, as defined in ORS 167.322.

�� (107) Animal neglect in the first degree, as defined in ORS 167.330.

�� (108) Interfering with an assistance, a search and rescue or a therapy animal, as defined in ORS

ORS 167.117

167.117 and 167.122 to 167.147 in which it is necessary to prove the occurrence of a sporting event, the following shall be admissible in evidence and shall be prima facie evidence of the occurrence of the event:

�� (1) A published report of its occurrence in a daily newspaper, magazine or other periodically printed publication of general circulation; or

�� (2) Evidence that a description of some aspect of the event was written, printed or otherwise noted at the place in which a violation of ORS 167.117 and 167.122 to 167.147 is alleged to have been committed. [1971 c.743 �270]

�� 167.155 [Repealed by 1961 c.503 �3]

�� 167.157 [1969 c.169 �1; repealed by 1971 c.743 �432]

�� 167.158 Lottery prizes forfeited to county; exception; action by county to recover. (1) Except for bingo or lotto operated by a charitable, fraternal or religious organization, all sums of money and every other valuable thing drawn as a prize in any lottery or pretended lottery, by any person within this state, are forfeited to the use of the county in which it is found, and may be sued for and recovered by a civil action.

�� (2) Nothing contained in ORS 105.550 to 105.600 shall interfere with the duty of officers to take possession of property as provided by subsection (1) of this section. [1971 c.743 �271; 1977 c.850 �3; 1989 c.846 �14]

�� 167.160 [Repealed by 1961 c.503 �3]

�� 167.162 Gambling device as public nuisance; defense; seizure and destruction. (1) A gambling device is a public nuisance. Any peace officer shall summarily seize any such device that the peace officer finds and deliver it to the custody of the law enforcement agency that employs the officer, which shall hold it subject to the order of the court having jurisdiction.

�� (2) Whenever it appears to the court that the gambling device has been possessed in violation of ORS 167.147, the court shall adjudge forfeiture thereof and shall order the law enforcement agency holding the gambling device to destroy the device and to deliver any coins taken therefrom to the county treasurer, who shall deposit them to the general fund of the county. However, when the defense provided by ORS 167.147 (3) is raised by the defendant, the gambling device or slot machine shall not be forfeited or destroyed until after a final judicial determination that the defense is not applicable. If the defense is applicable, the gambling device or slot machine shall be returned to its owner.

�� (3) The seizure of the gambling device or operating part thereof constitutes sufficient notice to the owner or person in possession thereof. The law enforcement agency shall make return to the court showing that the law enforcement agency has complied with the court�s order.

�� (4) Whenever, in any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of ORS 167.147, a judgment for forfeiture is entered, the court shall have exclusive jurisdiction to remit or mitigate the forfeiture.

�� (5) In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until the claimant proves that the claimant:

�� (a) Has an interest in the gambling device, as owner or otherwise, that the claimant acquired in good faith.

�� (b) At no time had any knowledge or reason to believe that it was being or would be used in violation of law relating to gambling.

�� (6) In any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of law relating to gambling, the court may in its discretion order delivery thereof to any claimant who shall establish the right to the immediate possession thereof, and shall execute, with one or more sureties, or by a surety company, approved by the court, and deliver to the court, a bond in such sum as the court shall determine, running to the State of Oregon, and conditioned to return such gambling device at the time of trial, and conditioned further that, if the gambling device be not returned at the time of trial, the bond may in the discretion of the court stand in lieu of and be forfeited in the same manner as such gambling device. [1971 c.743 �272; 1977 c.264 �2; 1999 c.59 �32; 2003 c.576 �391; 2005 c.22 �117; 2009 c.835 �9]

�� 167.164 Possession of a gray machine; disposition of machine; defense. (1) A person commits the crime of possession of a gray machine if the person manufactures, sells, leases, transports, places, possesses or services a gray machine or conducts or negotiates a transaction affecting or designed to affect the ownership, custody or use of a gray machine.

�� (2) Possession of a gray machine is a Class C felony.

�� (3) If any device is seized by a law enforcement agency based on a contention that the device is a gray machine, and a motion for return or restoration of the device is filed under ORS 133.633, the burden of proof is on the state to establish that the device is in fact a gray machine.

�� (4) Violation of, solicitation to violate, attempt to violate or conspiracy to violate subsection (1) of this section constitutes prohibited conduct for purposes of ORS chapter 131A. A device that is claimed to be a gray machine may be destroyed or otherwise disposed of only if a judgment of forfeiture has been entered under ORS 131.550 to 131.600 or ORS chapter 131A.

�� (5) It is a defense to a charge of possession of a gray machine if the machine that caused the charge to be brought was manufactured prior to 1958 and was not operated for purposes of unlawful gambling. [1991 c.962 �5; 1999 c.59 �33; 2009 c.78 �58; 2013 c.128 �1]

�� 167.165 [Repealed by 1963 c.340 �1 (167.170 enacted in lieu of 167.165)]

�� 167.166 Removal of unauthorized video lottery game terminal. On and after December 1, 1991, any video lottery game terminal that is not authorized by the Oregon State Lottery Commission must be removed from the State of Oregon. [1991 c.962 �8]

�� 167.167 Cheating. (1) A person commits the crime of cheating if the person, while in the course of participating or attempting to participate in any legal or illegal gambling activity, directly or indirectly:

�� (a) Employs or attempts to employ any device, scheme or artifice to defraud any other participant or any operator;

�� (b) Engages in any act, practice or course of operation that operates or would operate as a fraud or deceit upon any other participant or any operator;

�� (c) Engages in any act, practice or course of operation with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or

�� (d) Causes, aids, abets or conspires with another person to cause any other person to violate paragraphs (a) to (c) of this subsection.

�� (2) As used in this section, �deceit,� �defraud� and �fraud� are not limited to common law deceit or fraud.

�� (3) Cheating is a Class C felony. [1997 c.867 �20]

�� 167.170 [1963 c.340 �2 (enacted in lieu of

ORS 184.802

184.802; 1997 c.249 �156; 2003 c.14 �289; 2003 c.186 �15; 2007 c.100 �28; 2009 c.64 �3; 2009 c.407 �2; 2021 c.367 �27; 2021 c.448 �3]

�� 458.510 Energy Crisis Trust Fund. (1) There is established an Energy Crisis Trust Fund, separate and distinct from the General Fund, in the State Treasury. As permitted by federal court decisions, federal statutory requirements and administrative decisions, funds from the Petroleum Violation Escrow Fund made available to the Housing and Community Services Department for the Energy Crisis Trust Fund and any gift, grant, appropriation or donation for the purpose of the Energy Crisis Trust Fund shall be deposited by the State Treasurer and credited to the Energy Crisis Trust Fund. The State Treasurer shall credit monthly to the fund any interest or other income derived from the fund or the investing of the fund. All moneys in the fund are continuously appropriated to the Housing and Community Services Department for the purpose of providing low income home energy assistance.

�� (2) If moneys are donated to the fund for low income energy assistance by a home heating fuel or energy service provider that allows its customers to contribute to the program, that money so donated shall be redistributed through the Energy Crisis Trust Fund only within the service area of that home heating fuel or energy service provider.

�� (3) The Housing and Community Services Department shall contract with a private nonprofit or public organization or agency for the distribution of moneys in the Energy Crisis Trust Fund. The department or the contractor shall administer and distribute the funds in accordance with:

�� (a) The Low Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.); and

�� (b) The Petroleum Violation Escrow Fund regulations. [Formerly 184.803; 1997 c.249 �157; 2015 c.180 �17]

�� 458.515 Oregon Housing Stability Council to advise and assist department regarding low income home energy assistance. The Oregon Housing Stability Council, in conjunction with the Community Action Partnership of Oregon, shall advise and assist the Housing and Community Services Department with rules, policies and programs regarding low income home energy assistance provided for under ORS 458.510. [Formerly 184.804; 1997 c.249 �158; 2007 c.70 �265; 2011 c.566 �1; 2015 c.180 �18]

HUNGER AND HOMELESSNESS

�� 458.525 Duties of council in coordinating and monitoring homelessness relief efforts. The Oregon Housing Stability Council shall be responsible for receiving the recommendations of any state body relating to the issue of homelessness, and for forwarding the recommendations and proposals to state agencies or other public or private organizations for action that the council deems appropriate:

�� (1) To ensure the coordination of state agency homelessness relief efforts;

�� (2) To ensure that homelessness relief efforts operate efficiently and effectively;

�� (3) To monitor the utilization of federal homelessness relief efforts and provide outreach to expand underutilized programs; and

�� (4) To encourage the coordination of state and local programs and public and private antipoverty programs. [1993 c.271 �1; 1997 c.249 �159; 2001 c.109 �1; 2001 c.900 �202; 2007 c.145 �1; 2009 c.407 �3; 2009 c.595 �939; 2012 c.37 �65; 2013 c.624 �34; 2015 c.180 �19; 2015 c.366 �94]

�� 458.528 Policy on homelessness. (1) As used in this section, �homelessness� means the lack of a decent, safe, stable and permanent place to live that is fit for human habitation.

�� (2) The Legislative Assembly finds and declares that:

�� (a) Homelessness is a detriment to individuals, families and communities. The effects of homelessness impact quality of life, productivity and self-sufficiency, career and educational opportunities, health and wellness. Those effects may also extend to future generations.

�� (b) Preventing and ending homelessness is important for all levels of government, business and the community.

�� (3) The Housing and Community Services Department and the Department of Human Services shall serve as the lead agencies in administering the state policy regarding homelessness.

�� (4) It is the policy of this state that the Housing and Community Services Department, the Department of Human Services, the Oregon Housing Stability Council and the Community Action Partnership of Oregon work to encourage innovation by state, regional and local agencies that will create the comprehensive and collaborative support system and housing resources vital for a successful campaign to end and prevent homelessness. The comprehensive and collaborative support system should include, but not be limited to:

�� (a) The redesign of existing response systems to homelessness to include a realignment of services with permanent housing.

�� (b) The inclusion of community-based treatment, outreach services, early intervention strategies, housing and service management and an interagency system that can address individuals with compound needs.

�� (c) The coordination of multiagency services provided to people with chronic needs, older adults and homeless and runaway youths, including but not limited to criminal justice, housing, public welfare, health, mental health and youth and family services, to create integrated and cost-effective programs that deliver housing and service needs of homeless persons in a seamless and timely manner.

�� (d) Programs of care for the homeless that have an accompanying set of outcomes to increase accountability and further development of more effective methods in reaching client outcome goals and cost effectiveness. Outcomes for increasing the accountability of programs of care for the homeless include shortening the length of stay in emergency housing, eliminating repeated periods of homelessness and addressing the issue of homelessness in all areas of the state.

�� (e) An individualized approach to the homeless person that includes an assessment of individual needs, identification of appropriate solutions that may include services, coordination and cost-effective use of support across agencies and appropriate monitoring and evaluation of the homeless person�s individual progress. [2009 c.407 �1; 2015 c.180 �20]

�� Note: 458.528 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.

�� Note: Sections 1, 2 and 4, chapter 510, Oregon Laws 2025, provide:

�� Sec. 1. Statewide shelter program; responsibilities of shelters receiving funds; rules. (1) As used in this section and section 2 of this 2025 Act:

�� (a) �Planning partners� includes shelter providers, local jurisdictions, housing authorities, community action agencies, continuums of care, day center service providers, rehousing services providers, county mental health providers and coordinated care organizations.

�� (b) �Program� means the statewide shelter program established under this section and section 2 of this 2025 Act.

�� (c) �Regional assessment� means an assessment of current conditions, resources and outcomes relating to homelessness for the region.

�� (d) �Regional coordinator� means a local government or nonprofit public benefit corporation that develops a regional assessment and plan and an annual report, and receives and distributes program funds for the region.

�� (e) �Regional plan� means a plan that details the services and outcomes for the region that will be supported with program funds.

�� (f) �Shelter� means a facility designed to provide temporary living arrangements on an emergency or transitional basis as may be further defined by the Housing and Community Services Department by rule.

�� (g) �Shelter provider� means any person or local government that operates or funds shelters.

�� (2) The Housing and Community Services Department shall establish a statewide shelter program for the purposes of reducing unsheltered homelessness and transitioning people from experiencing homelessness into housing stability.

�� (3) In implementing the program, the department shall:

�� (a) Focus on the outcomes of reducing unsheltered homelessness, transitioning people experiencing homelessness to housing stability and housing retention for people rehoused through the program;

�� (b) Foster equity in outcomes for those disproportionately impacted by structural inequities in homelessness and the homelessness response system;

�� (c) Require regional coordination in planning, funding and services;

�� (d) Provide flexibility to allow regional coordinators and shelter providers to meet the needs of each community;

�� (e) Facilitate consistent, predictable and trackable systems and services that allow the state, regional coordinators and shelter providers to plan for needs and reduce administrative burdens; and

�� (f) Ensure accountability for regional coordinators and shelter providers for minimum expectations and outcomes.

�� (4) Shelters receiving program funds must:

�� (a) Primarily be available throughout the day and night, seven days a week, and during all seasons and weather;

�� (b) Prioritize immediate access to shelter or transitional, temporary, permanent or other housing to provide stability and retention of housing;

�� (c) Conduct operations and services using evidence-based practices, cultural responsivity, nondiscrimination and harm reduction; and

�� (d) Use coordinated entry and homeless management information systems to ensure integration with federal systems and data collection.

�� (5) The department shall adopt rules to administer the program, which must include rules establishing:

�� (a) Guidelines and funding agreements applicable to regional plans and funded shelters;

�� (b) Shelter types and services that may be eligible to receive funding from the regional coordinators;

�� (c) Minimum habitability and service requirements for each eligible shelter type;

�� (d) Policies regarding low-barrier and nonexclusionary shelter programs;

�� (e) Policies regarding exit and separation from shelter services;

�� (f) The requirements of agreements between regional coordinators and shelter providers; and

�� (g) A funding formula as described in section 2 (8) of this 2025 Act.

�� (6) Regional coordinators, regional plans and shelter providers may not establish requirements for services or use of funds different from, or in addition to, the requirements established by the department without review and approval by the department.

�� (7) Not later than November 15 of each year, the department shall submit, in the manner required under ORS 192.245, a report to the interim committees of the Legislative Assembly related to housing on the status and outcomes of the program. [2025 c.510 �1]

�� Sec. 2. Regional coordination, assessments, plans and reports. (1) The Housing and Community Services Department, after consultation with local planning partners, shall divide the state into regions, each no smaller than a single county, through which the statewide shelter program established under section 1 of this 2025 Act is implemented.

�� (2) The department, after consultation with local planning partners, shall establish and administer a process by which the department selects a regional coordinator for each region of the state.

�� (3) Upon selecting a regional coordinator, the department shall enter into an agreement with a five-year to six-year term and which the department may agree to renew on a noncompetitive basis. During an agreement term, the department shall provide ongoing funding to operate the program to the regional coordinator. The department may only terminate the agreement during its term for good cause.

�� (4) Each regional coordinator is responsible for completing and submitting to the department:

�� (a) A regional assessment, once within the first year of the agreement term, which must include, within the region:

�� (A) Counts and the current conditions of individuals experiencing sheltered and unsheltered homelessness;

�� (B) The amount of federal, state and local funds spent on homelessness services by service type;

�� (C) Identification of current shelters and their services and capacity;

�� (D) Identification of planning partners for the regional plan;

�� (E) Community identified needs and priorities related to shelter and shelter services; and

�� (F) Other information or data collection as required by the department.

�� (b) A regional plan, updated every two years, that includes:

�� (A) Proposed actions to be taken by the regional coordinator and planning partners to further the values and purposes of the program;

�� (B) Proposed homelessness services and outcomes to be implemented by the regional coordinator, planning partners and shelter providers to address findings in the regional assessment;

�� (C) A proposed budget to fund the maintenance or expansion of eligible shelters and services through shelter providers within the region and to administer program moneys; and

�� (D) Other information or data collection as required by the department.

�� (c) An annual report, after the first year of the first agreement term, reporting on the progress made under the regional plan.

�� (5) Regional plans:

�� (a) Must prioritize:

�� (A) System capacity that provides shelter availability throughout the day and night, seven days a week, and during all seasons and weather.

�� (B) Ongoing stability for existing shelters receiving state funding.

�� (b) Must support culturally specific and rural shelter providers and planning partners to meet the unique needs of communities.

�� (c) Must integrate and support tribal sovereignty.

�� (d) May include, as appropriate, diverse housing-focused shelter options, including:

�� (A) Congregate and noncongregate shelters that meet habitability requirements established by the department; or

�� (B) Safe temporary emergency placement sites that meet health and safety requirements established by the department for the purposes of vehicular camping or siting basic freestanding structures that are structurally sound, are weatherproof and have a locking door.

�� (6)(a) A regional coordinator shall ensure that at least 70 percent of regional shelter funding is provided for shelters providing low-barrier practices with the balance available for recovery-based shelter.

�� (b) As used in this subsection:

�� (A) �Low-barrier� has the meaning given that term by rule by the department.

�� (B) �Recovery-based shelter� means shelter that provides optional recovery systems that are client-driven and support social integration, support services and respect for individuals, and as may be further defined by the department by rule.

�� (7) The department shall review each submitted regional assessment, plan and report for compliance with program requirements and alignment with the state homelessness response. The department may approve, approve with conditions or request changes and resubmission of a proposed regional assessment. The department, in its discretion, may withhold program funding to a regional coordinator until the approval of the regional assessment, plan or annual report.

�� (8) In providing funding to the regions through the program, the department shall establish a funding formula that considers:

�� (a) Needs of the region; and

�� (b) Past performance of the region.

�� (9) The department shall establish a formal grievance system to review, track and mediate disputes between shelter providers and regional coordinators. The grievance system may not issue orders or otherwise adjudicate disputes. [2025 c.510 �2]

�� Sec. 4. Sections 1 and 2 of this 2025 Act are repealed on January 2, 2034. [2025 c.510 �4]

�� 458.530 Policy on hunger. (1) The Department of Human Services shall serve as the lead public body in administering the state policy on hunger.

�� (2) The Legislative Assembly finds and declares that it is the policy of this state that:

�� (a) Hunger is defined as the state of being unable to obtain a nutritionally adequate diet from nonemergency food channels. Hunger is not one discrete event. Hunger is a series of events that lead up to and follow a lack of adequate food intake. It is the process in which people become at risk of hunger, attempt to cope with the problem and suffer a variety of health and social consequences.

�� (b) All persons have the right to be free from hunger.

�� (c) Freedom from hunger means all persons have food security. Persons lack food security if they are uncertain of having, or being able to acquire in socially acceptable ways, enough acceptable food at all times to meet basic needs because they have insufficient money or other resources for food.

�� (d) Oregon will strive to rank among the top states in the nation in providing food security without hunger.

�� (3) The Legislative Assembly declares that the policy of this state is to provide and encourage activities and programs necessary to fulfill the commitment stated in subsection (2) of this section and that the purpose of policies stated in this section is to provide a guide for the establishment, implementation and operation of activities and programs designed to alleviate or eradicate hunger in this state. The Legislative Assembly further declares that the activities and programs shall be initiated, promoted and developed through:

�� (a) Volunteers and volunteer groups;

�� (b) Public and private not-for-profit organizations;

�� (c) Partnership with local governmental agencies;

�� (d) Coordinated efforts of state agencies;

�� (e) Coordination and cooperation with federal programs;

�� (f) Partnership with private health and social service agencies; and

�� (g) The Hunger Task Force. [Formerly 411.848; 2007 c.145 �2; 2009 c.407 �4; 2015 c.180 �21]

�� Note: 458.530, 458.532 and 458.545 were added to and made a part of ORS chapter 411 by legislative action but were not added to or made a part of ORS chapter 458 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 458.532 Hunger Task Force. (1) The Hunger Task Force is established in the Department of Human Services. The task force shall consist of not more than 28 members appointed as follows:

�� (a) The President of the Senate shall appoint one member from among members of the Senate.

�� (b) The Senate Minority Leader shall appoint one member from among members of the Senate.

�� (c) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.

�� (d) The House Minority Leader shall appoint one member from among members of the House of Representatives.

�� (e) The President and the Speaker shall coordinate to jointly appoint one member from among the members of the Legislative Assembly who is serving on a committee or interim committee of the Legislative Assembly related to human services.

�� (f) The Director of Human Services, with the advice of the Director of the Oregon Health Authority, shall appoint the following:

�� (A) Nine members who represent organizations that serve or advocate for people affected by hunger including organizations from among the following:

�� (i) Food banks.

�� (ii) Direct service providers.

�� (iii) Food systems.

�� (iv) The migrant community.

�� (v) The religious community.

�� (vi) Educational institutions.

�� (vii) Poverty-related advocacy or public policy groups.

�� (viii) Culturally specific organizations.

�� (ix) Mutual aid or emergency disaster response.

�� (B) Nine members who represent residents of this state who suffer the highest rates of hunger or who currently lack opportunities for food security because of discrimination based on race or ethnicity or inadequate financial resources.

�� (C) One member representing the Department of Education who has experience in child nutrition programs.

�� (D) One member representing the Department of Human Services who has experience in the Supplemental Nutrition Assistance Program.

�� (E) One member representing the Oregon Health Authority who has experience in the Women, Infants and Children program.

�� (F) One member representing the State Department of Agriculture.

�� (G) One member representing the Housing and Community Services Department.

�� (2) When selecting members of the task force under subsection (1)(f) of this section, the Director of Human Services shall take into consideration geographic and demographic diversity.

�� (3) A member serves for a three-year term. A member may be reappointed. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on July 1 next following.

�� (4) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term. The appointing authority may appoint a replacement for any member of the task force who misses more than two consecutive meetings of the task force.

�� (5) A majority of the voting members of the task force membership constitutes a quorum for the transaction of business.

�� (6) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.

�� (7) The Director of Human Services shall provide for the payment of appropriate task force operating expenses, including but not limited to staff support, based upon the availability of legislatively approved funding for such purposes. [Formerly

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 197.636

197.636, the governing body of the county shall cause a written individual notice of the land use change to be mailed to the owner of each lot or parcel that will be rezoned as a result of the adoption or enactment. The notice shall describe in detail how the ordinance or plan amendment may affect the use of the property. The notice also shall:

�� (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 (governing body of the county) has proposed a land use that may affect the permissible uses of your property and other properties.

�� (b) Contain substantially the following language in the body of the notice:

�� As a result of an order of the Land Conservation and Development Commission, (governing body) has proposed Ordinance Number _____. (Governing Body) has determined that the adoption of this ordinance may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

�� Ordinance Number _____ will become effective on (date).

�� Ordinance Number _ is available for inspection at the County Courthouse located at __. A copy of Ordinance Number _ also is available for purchase at a cost of ___.

�� For additional information concerning Ordinance Number _, you may call the (governing body) Planning Department at _.

�� (7) Notice provided under this section may be included with the tax statement required under ORS 311.250.

�� (8) Notwithstanding subsection (7) of this section, the governing body of a county may provide notice of a hearing at any time provided notice is mailed by first class mail or bulk mail to all persons for whom notice is required under subsections (3) and (4) of this section.

�� (9) For purposes of this section, property is rezoned when the governing body of the county:

�� (a) Changes the base zoning classification of the property; or

�� (b) Adopts or amends an ordinance in a manner that limits or prohibits land uses previously allowed in the affected zone.

�� (10) The provisions of this section do not apply to legislative acts of the governing body of the county resulting from action of the Legislative Assembly or the Land Conservation and Development Commission for which notice is provided under ORS 197.047, or resulting from an order of a court of competent jurisdiction.

�� (11) The governing body of the county is not required to provide more than one notice under this section to a person who owns more than one lot or parcel affected by a change to the local comprehensive plan or land use regulation.

�� (12) The Department of Land Conservation and Development shall reimburse the governing body of a county for all usual and reasonable costs incurred to provide notice required under subsection (6) of this section. [1977 c.664 �37; 1999 c.1 �1; 1999 c.348 �10; 2003 c.668 �2]

�� 215.505 [1969 c.324 �1; repealed by 1977 c.664 �42]

�� 215.508 [1977 c.664 �38; repealed by 1999 c.1 �8]

�� 215.510 [1969 c.324 �2; 1973 c.80 �47; repealed by 1977 c.664 �42]

�� 215.513 Forwarding of notice to property purchaser. (1) A mortgagee, lienholder, vendor or seller of real property who receives a mailed notice required by this chapter shall promptly forward the notice to the purchaser of the property. Each mailed notice required by this chapter shall contain the following statement: �NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.�

�� (2) Mailed notices to owners of real property required by this chapter shall be deemed given to those owners named in an affidavit of mailing executed by the person designated by the governing body of a county to mail the notices. The failure of a person named in the affidavit to receive the notice shall not invalidate an ordinance. The failure of the governing body of a county to cause a notice to be mailed to an owner of a lot or parcel of property created or that has changed ownership since the last complete tax assessment roll was prepared shall not invalidate an ordinance. [1977 c.664 �39]

�� 215.515 [1969 c.324 �3; 1973 c.80 �48; repealed by 1977 c.766 �16]

�� 215.520 [1969 c.324 �4; repealed by 1977 c.664 �42]

�� 215.525 [1969 c.324 �6; repealed by 1977 c.664 �42]

�� 215.530 [1969 c.324 �7; repealed by 1977 c.664 �42]

�� 215.535 [1969 c.324 �5; 1973 c.80 �49; repealed by 1977 c.664 �42]

COUNTY CONSTRUCTION CODES

�� 215.605 Counties authorized to adopt housing codes. For the protection of the public health, welfare and safety, the governing body of a county may adopt ordinances establishing housing codes for the county, or any portion thereof, except where housing code ordinances are in effect on August 22, 1969, or where such ordinances are enacted by an incorporated city subsequent to August 22, 1969. Such housing code ordinances may adopt by reference published codes, or any portion thereof, and a certified copy of such code or codes shall be filed with the county clerk of said county. [1969 c.418 �1]

�� 215.606 Standards for clustered mailboxes in county roads and rights-of-way. Each county in this state shall adopt standards and specifications for clustered mailboxes within the boundaries of county roads and rights-of-way that conform to the standards and specifications for such mailboxes contained in the State of Oregon Structural Specialty Code. [2011 c.488 �3]

�� Note: 215.606 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 215.610 [1969 c.418 �2; 1979 c.190 �407; repealed by 1983 c.327 �16]

�� 215.615 Application and contents of housing ordinances. The provisions of housing code ordinances authorized by ORS 215.605 and this section shall apply to all buildings or portions thereof used, or designed or intended to be used for human habitation, and shall include, but not be limited to:

�� (1) Standards for space, occupancy, light, ventilation, sanitation, heating, exits and fire protection.

�� (2) Inspection of such buildings.

�� (3) Procedures whereby buildings or portions thereof which are determined to be substandard are declared to be public nuisances and are required to be abated by repair, rehabilitation, demolition or removal.

�� (4) An advisory and appeals board. [1969 c.418 �3]

�� 215.620 [1997 c.552 �30; renumbered

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 21.191

21.191, by the Federal Aviation Administration and for which the manufacturer�s specifications require the use of gasoline that is intended for use in motor vehicles;

�� (c) A light-sport aircraft, as defined in 14 C.F.R. 1.1, for which the manufacturer�s specifications require the use of gasoline that is intended for use in motor vehicles;

�� (d) A vintage aircraft, as defined by the Oregon Department of Aviation by rule, for which the manufacturer�s specifications require the use of gasoline that is intended for use in motor vehicles;

�� (e) An antique vehicle, as defined in ORS 801.125;

�� (f) A Class I all-terrain vehicle, as defined in ORS 801.190;

�� (g) A Class III all-terrain vehicle, as defined in ORS 801.194;

�� (h) A Class IV all-terrain vehicle, as defined in ORS 801.194 (2);

�� (i) A racing activity vehicle, as defined in ORS 801.404;

�� (j) A snowmobile, as defined in ORS 801.490;

�� (k) Tools, including but not limited to lawn mowers, leaf blowers and chain saws; or

�� (L) A watercraft. [2007 c.739 �18; 2008 c.44 �4; 2009 c.786 �1; 2011 c.360 �11; 2017 c.141 �2; 2021 c.368 �1; 2023 c.2 �1]

�� 646.915 Requirement to display on fuel dispensing devices names and concentrations of oxygenates in certain blended gasolines; rules. The State Department of Agriculture may adopt rules that require a retail dealer or nonretail dealer to display on fuel dispensing devices through which the retail dealer or nonretail dealer sells gasoline the names of the oxygenates and the relative concentrations of the oxygenates present in the gasoline if the retail dealer or nonretail dealer knowingly sells or offers for sale gasoline that is blended with any combination of aliphatic ethers, aliphatic alcohols or other oxygenates that the United States Environmental Protection Agency permits under the agency�s interpretation of the term �substantially similar� in 42 U.S.C. 7545(f)(1)(A) (section 211(f)(1)(A) of the Clean Air Act), or any waivers that the federal agency grants under 42 U.S.C 7545(f)(4). [1985 c.468 �3(1),(2); 1993 c.566 �1; 1997 c.310 �11; 2017 c.141 �3]

�� 646.920 Wholesale dealer; declaration of contents required. Before or at the time of delivery of gasoline from a wholesale dealer to a retail dealer or nonretail dealer, the wholesale dealer must give the retail dealer or nonretail dealer on an invoice, bill of lading, shipping notice or other documentation, a declaration of the predominant oxygenate or combination of oxygenates present in concentration sufficient to yield an oxygen content of at least 1.5 mass percent in the gasoline. When mixtures of only ethers are present, the wholesale dealer shall identify the predominant oxygenate in the gasoline followed by the phrase �or other ethers.� Any gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as �with� or �containing� methanol. [1985 c.468 �4(1); 1997 c.310 �12]

�� 646.921 [2007 c.739 �13; 2009 c.752 �1; 2010 c.55 �1; repealed by 2015 c.203 �28]

(Biodiesel)

�� 646.922 Limitations on sale of diesel fuel; requirements for biodiesel content; exception for certain additives and for certain sellers and users; certificate of analysis; rules. (1) A retail dealer, nonretail dealer or wholesale dealer may not sell or offer for sale diesel fuel unless the diesel fuel contains at least five percent biodiesel by volume or other renewable diesel with at least five percent renewable component by volume. Diesel fuel that contains more than five percent biodiesel by volume or other renewable diesel with more than five percent renewable component by volume must be labeled as the State Department of Agriculture provides by rule.

�� (2) A retail dealer, nonretail dealer or wholesale dealer may sell or offer for sale diesel fuel that otherwise meets the requirements of subsection (1) of this section and rules adopted pursuant to ORS 646.957 but to which there have been added substances to prevent congealing or gelling of diesel fuel containing biodiesel or other renewable diesel, without violating the requirements of subsection (1) of this section and rules adopted pursuant to ORS 646.957. This subsection applies only to diesel fuel sold or offered for sale during the period from October 1 of any year to February 28 of the following year.

�� (3) The department shall adopt standards for biodiesel or other renewable diesel sold in this state. The department shall consult the specifications established for biodiesel or other renewable diesel by ASTM International in forming the department�s standards. The department may review specifications adopted by ASTM International, or equivalent organizations, and revise the standards adopted pursuant to this subsection as necessary.

�� (4) The minimum biodiesel fuel content and renewable component in other renewable diesel requirements under subsection (1) of this section do not apply to diesel fuel sold or offered for sale for use by railroad locomotives, marine engines or home heating or to facilities that store more than 50 gallons of diesel fuel for use in emergency power generation.

�� (5) All retail dealers, nonretail dealers and wholesale dealers in this state are required to provide, upon the request of the department, a certificate of analysis for biodiesel received. [2007 c.739 �14; 2009 c.752 ��2,3; 2010 c.55 ��2,3,5,6; 2011 c.243 ��2,3; 2013 c.89 �1; 2015 c.203 �26]

�� 646.923 Retention of certificate of analysis; powers of Director of Agriculture; biodiesel testing; rules. (1) Each biodiesel or other renewable diesel producer, each operator of a biodiesel bulk facility and each person who imports biodiesel or other renewable diesel into this state for sale in this state shall keep for at least one year, at the person�s registered place of business, the certificate of analysis for each batch or production lot of B100 biodiesel sold or delivered in this state.

�� (2) The Director of Agriculture, or the director�s authorized agent, upon reasonable oral or written notice, may make such examinations of books, papers, records and equipment the director requires to be kept by a biodiesel or other renewable diesel producer, facility operator or importer as may be necessary to carry out the duties of the director under ORS 646.910 to 646.923.

�� (3) The director, or the director�s authorized agent, may test biodiesel or other renewable diesel for the purpose of inspecting the biodiesel or other renewable diesel of any producer, bulk facility, business or other establishment that sells, offers for sale, distributes, transports, hauls, delivers or stores biodiesel or other renewable diesel that is subsequently sold or offered for sale, for compliance with the motor fuel quality standards adopted pursuant to ORS 646.957.

�� (4) For the purpose of ensuring the quality of B100 biodiesel, the director, or the director�s authorized agent, may obtain, at no cost to the department and as often as deemed necessary, a representative sample of B100 biodiesel from any producer, bulk facility, business or other establishment that sells, offers for sale, distributes, transports, hauls, delivers or stores biodiesel. The State Department of Agriculture shall adopt rules establishing the number of samples to be tested. The entire cost of transportation and testing of the samples shall be the responsibility of and invoiced directly to the business from which the sample was obtained. [2007 c.739 �15]

�� 646.925 Enforcement; rules. The State Department of Agriculture shall enforce the provisions of ORS 646.910 to 646.923 and is authorized to make any rules necessary to carry out the provisions of ORS 646.910 to 646.923 in accordance with the applicable provisions of ORS chapter 183. [1985 c.468 �5]

(Motor Vehicle Fuel Prices)

�� 646.930 Motor vehicle fuel prices; requirements for display. (1) A person who operates a service station, business or other place for the purpose of retailing and delivering gasoline, diesel or other fuel into the tanks of motor vehicles:

�� (a) May display on a sign visible from the street the lowest cash prices charged for the sale of the lowest grades of gasoline, diesel or other fuel.

�� (b) If a sign is displayed under paragraph (a) of this subsection, shall display on a sign visible at or near any dispensing device all prices charged for the sale of all grades of gasoline, diesel or other fuel offered for sale.

�� (2) The following apply to a sign displaying prices under this section:

�� (a) The price per unit of measurement and the unit of measurement for a particular kind of fuel must be the same on the sign as on any dispensing device used for delivering that kind of fuel into the tanks of motor vehicles.

�� (b) If a cash price displayed on a sign is available only under some conditions, the sign and the dispensing device must clearly state the conditions.

�� (c) If a price displayed on a sign is available only in a certain area of the service station or business, the area where the price displayed is available must be clearly identified.

�� (3) A person who displays a cash price that is available only under some conditions may not require, as a condition of buying fuel at the displayed price, that the buyer fill the fuel tank of the buyer�s vehicle. [Formerly 646.875; 2010 c.19 �1]

�� 646.932 Requirement to post amount per gallon of gasoline that is federal, state and local tax; option to disclose cost per gallon of low carbon fuel standard; information from Department of Transportation and State Department of Agriculture; rules. (1) As used in this section, �gas station� includes a filling station, service station, garage or any other place where gasoline is sold for use in motor vehicles.

�� (2) The owner or operator of a gas station shall post, in a manner visible to customers, the following information:

�� (a) The amount of the price per gallon that is federal tax;

�� (b) The amount of the price per gallon that is state tax;

�� (c) The amount of the price per gallon that is local tax; and

�� (d) The total amount of federal, state and local taxes per gallon.

�� (3) The Department of Transportation shall furnish the information described in subsection (2) of this section to each gas station in this state.

�� (4) The owner or operator of a gas station may disclose to customers the cost, per gallon of gasoline and diesel, of the low carbon fuel standards adopted by rule under ORS

ORS 215.433

215.433 and 227.184. [1999 c.648 �5]

�� Note: 197.022 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.

�� Note: Sections 1, 2 and 5, chapter 217, Oregon Laws 2021, provide:

�� Sec. 1. Section 2 of this 2021 Act is added to and made a part of ORS chapter 197 [series became ORS chapters 197 and 197A]. [2021 c.217 �1]

�� Sec. 2. Restoration of uses destroyed by 2020 wildfires. (1) This section applies only to owners of properties on which structures or uses were destroyed or interrupted by a wildfire that was identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act under ORS 476.510 to 476.610 between August 1 and September 30, 2020. The local government may alter, restore or replace such a use as provided in this section in lieu of another process.

�� (2) Except as provided in subsection (4) of this section, a property owner may alter, restore or replace a nonresidential use without further application with the local government if:

�� (a) The use was allowed outright as an accessory use, without regard to whether the primary use was destroyed or was or will be restored;

�� (b)(A) The use was subject to a land use process; and

�� (B) A permit, including a conditional permit, was issued for the use notwithstanding any expiration of the permit or any subsequent changes to the law or process; or

�� (c)(A) The use was established before a requirement that the use be subject to a land use process; and

�� (B) The replacement use conforms as nearly as practicable to records of the use with the county assessor, building permit information or other reliable records.

�� (3) The local government shall approve an application to alter, restore or replace a dwelling if the local government determines that the evidence in the record establishes that:

�� (a) The former dwelling:

�� (A) Had intact exterior walls and roof structure;

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

�� (C) Had interior wiring for interior lights;

�� (D) Had a heating system; and

�� (E)(i) Was authorized by building permits or other regulatory approval process by the appropriate authority; or

�� (ii) Was assessed as a residential dwelling for purposes of ad valorem taxation for the tax year beginning July 1, 2001, and is not subject to unresolved enforcement proceedings questioning the lawfulness of the dwelling; and

�� (b) The proposed dwelling will:

�� (A) Not exceed the floor area of the destroyed dwelling by more than 10 percent;

�� (B) Be adequately served by water, sanitation and roads;

�� (C) Be located wholly or partially within the footprint of the destroyed dwelling unless the applicant chooses a different location within the same lot or parcel to comply with local flood regulations or to avoid a natural hazard area; and

�� (D) Comply with applicable building codes that were in effect on the later of:

�� (i) January 1, 2008; or

�� (ii) The date of the former dwelling�s construction.

�� (4) A local government may not add conditions to the approval or siting of a dwelling under subsection (3) of this section except as necessary to maintain participation in the National Flood Insurance Program under 42 U.S.C. 4001 et seq. A local government may require that the property owner submit an application for a permit for the approval or siting of a nonresidential use only for the purpose of establishing such conditions that are necessary to maintain participation in the National Flood Insurance Program.

�� (5) A local government may delegate the approval of an application under subsection (3) of this section to:

�� (a) A hearings officer, as defined in ORS 215.402 or 227.160;

�� (b) A planning commission, as described in ORS 215.020; or

�� (c) A building official, as defined in ORS 455.715.

�� (6) The findings of the local government or its designee in approving an application under subsection (3) of this section is not a land use decision. The local government may not require an applicant give notice to any nonparty. The findings and conclusions of the local government are entitled to deference if there is any evidence to support the findings and are subject to review only under ORS

ORS 215.799

215.799�� Location of dwellings on wildlife habitat land

COUNTY PLANNING

�� 215.010 Definitions. As used in this chapter:

�� (1) The terms defined in ORS 92.010 shall have the meanings given therein, except that �parcel�:

�� (a) Includes a unit of land created:

�� (A) By partitioning land as defined in ORS 92.010;

�� (B) In compliance with all applicable planning, zoning and partitioning ordinances and regulations; or

�� (C) By deed or land sales contract, if there were no applicable planning, zoning or partitioning ordinances or regulations.

�� (b) Does not include a unit of land created solely to establish a separate tax account.

�� (2) �Tract� means one or more contiguous lots or parcels under the same ownership.

�� (3) The terms defined in ORS chapters 197 and 197A shall have the meanings given therein.

�� (4) �Farm use� has the meaning given that term in ORS 215.203.

�� (5) �Recreational structure� means a campground structure with or without plumbing, heating or cooking facilities intended to be used by any particular occupant on a limited-time basis for recreational, seasonal, emergency or transitional housing purposes and may include yurts, cabins, fabric structures or similar structures as further defined, by rule, by the Director of the Department of Consumer and Business Services.

�� (6) �Recreational vehicle� has the meaning given that term in ORS 174.101.

�� (7) �The Willamette Valley� is Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and the portion of Benton and Lane Counties lying east of the summit of the Coast Range. [Amended by 1955 c.756 �25; 1963 c.619 �1 (1); 1985 c.717 �4; 1993 c.792 �8; 1999 c.327 �1; 2019 c.585 �19a; 2022 c.54 �15]

�� 215.020 Authority to establish county planning commissions. (1) The governing body of any county may create and provide for the organization and operations of one or more county planning commissions.

�� (2) This section shall be liberally construed and shall include the authority to create more than one planning commission, or subcommittee of a commission, for a county or the use of a joint planning commission or other intergovernmental agency for planning as authorized by ORS 190.003 to 190.130. [Amended by 1973 c.552 �1; 1975 c.767 �15]

�� 215.030 Membership of planning commission. (1) The county planning commission shall consist of five, seven or nine members appointed by the governing body for four-year terms, or until their respective successors are appointed and qualified, except that the terms of the initial members must be staggered for one, two, three and four years.

�� (2) A commission member may be removed by the governing body, after hearing, for misconduct or nonperformance of duty.

�� (3) Any vacancy on the commission must be filled by the governing body for the unexpired term.

�� (4) Members of the commission shall serve without compensation other than reimbursement for duly authorized expenses.

�� (5) Members of a commission must be residents of the various geographic areas of the county. If the commission has five or fewer members, no more than two voting members may be engaged 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 is engaged principally in the buying, selling or developing of real estate for profit. No more than two voting members may be engaged in the same kind of occupation, business, trade or profession.

�� (6) The governing body may designate one or more officers of the county to be nonvoting members of the commission.

�� (7) Except for subsection (5) of this section, the governing body may provide by ordinance for alternative rules to those specified in this section. [Amended by 1963 c.619 �2; 1973 c.552 �2; 1977 c.766 �1; 2025 c.355 �1]

�� 215.035 [1973 c.552 �10; renumbered 244.135 in 1993]

�� 215.040 [Amended by 1973 c.552 �3; repealed by 1977 c.766 �16]

�� 215.042 Planning director. (1) The governing body of each county shall designate an individual to serve as planning director for the county responsible for administration of planning. The governing body shall provide employees as necessary to assist the director in carrying out responsibilities. The director shall be the chief administrative officer in charge of the planning department of the county, if one is created.

�� (2) The director shall provide assistance, as requested, to the planning commission and shall coordinate the functions of the commission with other departments, agencies and officers of the county that are engaged in functions related to planning for the use of lands within the county.

�� (3) The director shall serve at the pleasure of the governing body of the county. [1973 c.552 �9]

�� 215.044 Solar access ordinances; purpose; standards. (1) County governing bodies may adopt and implement solar access ordinances. The ordinances shall provide and protect to the extent feasible solar access to the south face of buildings during solar heating hours, taking into account latitude, topography, microclimate, existing development, existing vegetation and planned uses and densities. The county governing body shall consider for inclusion in any solar access ordinance, but not be limited to, standards for:

�� (a) The orientation of new streets, lots and parcels;

�� (b) The placement, height, bulk and orientation of new buildings;

�� (c) The type and placement of new trees on public street rights of way and other public property; and

�� (d) Planned uses and densities to conserve energy, facilitate the use of solar energy, or both.

�� (2) The State Department of Energy shall actively encourage and assist county governing bodies� efforts to protect and provide for solar access.

�� (3) As used in this section, �solar heating hours� means those hours between three hours before and three hours after the sun is at its highest point above the horizon on December 21. [1981 c.722 �2]

�� 215.046 [1973 c.552 �11; repealed by 1977 c.766 �16]

�� 215.047 Effect of comprehensive plan and land use regulations on solar access ordinances. Solar access ordinances shall not be in conflict with acknowledged comprehensive plans and land use regulations. [1981 c.722 �3]

�� 215.050 Comprehensive planning, zoning and subdivision ordinances; copies available. (1) Except as provided in ORS

ORS 221.420

221.420, 221.450 and 261.305 and this section to reaffirm the authority of cities to regulate use of municipally owned rights of way and to impose charges upon publicly owned suppliers of electrical energy, as well as privately owned suppliers for the use of such rights of way. [1987 c.245 �1]

�� Note: 221.415 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.417 [1989 c.484 �3; repealed by 1999 c.1093 �21]

�� 221.420 Municipal regulation of public utilities. (1) As used in this section:

�� (a) �Public utility� has the meaning for that term provided in ORS 757.005.

�� (b) �Commission� means the Public Utility Commission of Oregon.

�� (c) �Council� means the common council, city council, commission or any other governing body of any municipality wherein the property of the public utility is located.

�� (d) �Municipality� means any town, city or other municipal government wherein property of the public utility is located.

�� (e) �Service� is used in its broadest and most inclusive sense and includes equipment and facilities.

�� (f) �Heating company� means any person furnishing heat but not electricity or natural gas to its customers.

�� (2) Subject to ORS 758.025, a city may:

�� (a) Determine by contract or prescribe by ordinance or otherwise, the terms and conditions, including payment of charges and fees, upon which any public utility, electric cooperative, people�s utility district or heating company, or Oregon Community Power, may be permitted to occupy the streets, highways or other public property within such city and exclude or eject any public utility or heating company therefrom.

�� (b) Require any public utility, by ordinance or otherwise, to make such modifications, additions and extensions to its physical equipment, facilities or plant or service within such city as shall be reasonable or necessary in the interest of the public, and designate the location and nature of all additions and extensions, the time within which they must be completed, and all conditions under which they must be constructed.

�� (c) Fix by contract, prescribe by ordinance, or in any other lawful manner, the rates, charges or tolls to be paid to, or that may be collected by, any public utility or the quality and character of each kind of product or service to be furnished or rendered by any public utility furnishing any product or service within such city. No schedule of rates, charges or tolls, fixed in the manner provided in this paragraph, shall be so fixed for a longer period than five years. Whenever it is proposed by any city to enter into any contract, or to enact any ordinance, or other municipal law or regulation concerning the matters specified in this paragraph, a copy of such proposed contract, ordinance or other municipal law or resolution shall be filed with the Public Utility Commission of Oregon before the same may be lawfully signed or enacted, as the case may be, and the commission shall thereafter have 90 days within which to examine into the terms thereof. If the commission is of the opinion that in any respect the provisions of the proposed contract, ordinance or other municipal law or resolution are not in the public interest, the commission shall file, in writing, with the clerk or other officer who has the custody of the files and records of the city, the commission�s reasons therefor. If the objections are filed within said period of 90 days, no proposed contract, ordinance or other municipal law or regulation shall be valid or go into effect until it has been submitted to or ratified by the vote of the electors of the city. Unless and until a city exercises its powers as provided in this paragraph, the commission is vested with all powers with respect to the matters specified in this paragraph. If the schedule of rates, charges and tolls or the quality and character of each kind of product or service is fixed by contract, ordinance or other municipal law or regulation and in the manner provided in this paragraph, the commission has no power or jurisdiction to interfere with, modify or change it during the period fixed thereby. Upon the expiration of said period such powers shall again be vested in the commission, to be exercised by the commission unless and until a new schedule of rates or the quality and character for such service or product is fixed or prescribed by contract, ordinance or other municipal law or regulation in the manner provided in this paragraph.

�� (d) Provide for a penalty for noncompliance with the provisions of any charter provision, ordinance or resolution adopted by the city in furtherance of the powers specified in this subsection. [Amended by 1971 c.655 �245; 1987 c.245 �2; 1987 c.628 �1; 1989 c.5 �1; 1989 c.999 �6; 1999 c.1093 �6; 2007 c.807 �40; 2009 c.444 �3]

�� 221.430 [Amended by 1967 c.359 �684; repealed by 1973 c.33 �1]

�� 221.440 [Repealed by 1973 c.33 �1]

�� 221.450 Privilege tax on public utilities operating without franchise. Except as provided in ORS 221.655, the city council or other governing body of every incorporated city may levy and collect a privilege tax from Oregon Community Power and from every electric cooperative, people�s utility district, privately owned public utility, telecommunications carrier as defined in ORS 133.721 or heating company. The privilege tax may be collected only if the entity is operating for a period of 30 days within the city without a franchise from the city and actually using the streets, alleys or highways, or all of them, in such city for other than travel on such streets or highways. The privilege tax shall be for the use of those public streets, alleys or highways, or all of them, in such city in an amount not exceeding five percent of the gross revenues of the cooperative, utility, district or company currently earned within the boundary of the city. However, the gross revenues earned in interstate commerce or on the business of the United States Government shall be exempt from the provisions of this section. The privilege tax authorized in this section shall be for each year, or part of each year, such utility, cooperative, district or company, or Oregon Community Power, operates without a franchise. [Amended by 1987 c.245 �3; 1987 c.447 �115; 1989 c.999 ��7,8; 1999 c.865 �30; 1999 c.1093 �7; 2007 c.807 �41]

�� 221.460 Duration of franchises, privileges and permits. All franchises, privileges or permits for the use of the public highways, streets or alleys granted after June 5, 1931, by any municipal corporation shall not be granted for a longer term than 20 years, and shall be subject to the provision of ORS 221.470.

�� 221.470 Removal of structures after expiration of grant or franchise. (1) All property and materials (including poles, posts, towers, wires, conduits, mains, pipes, rails, tracks, ties, railways, pole lines, telegraph, telephone or electric transmission lines, or structures or equipment of any kind) placed in, on, upon, over, under or beneath any public highway, street or alley of this state or municipal corporation, under or by virtue of any grant, privilege or franchise, shall be removed by the owners or owner of the same within one year after the expiration of the grant, privilege or franchise, which permitted the erection or installation of the same, unless further time is granted by the municipal corporation having authority so to do.

�� (2) Except as otherwise provided in subsection (3) of this section, if all the property and materials referred to in subsection (1) of this section are not removed within one year after the termination or expiration of the grant, privilege or franchise or such further time as may be granted by the state or municipal corporation, all and every part thereof shall be forfeited and escheated to the state or municipal corporation wherein situated.

�� (3) The state or municipal corporation may notify the owner of the property and materials referred to in subsection (2) of this section that it waives forfeiture and escheat under subsection (2) of this section and may thereafter compel removal of such property and materials from the public highways, streets and alleys and restoration of the public highways, streets and alleys and may maintain court suit to require such removal and restoration by the owner or the payment of the cost thereof by the owner. [Amended by 1957 c.136 �1]

�� 221.475 Territory annexed to city; limitation on electric service by municipal utility. Nothing contained in any public facility or comprehensive plan of any city shall confer any right on a city to provide electric utility service in or to the annexed territory. [1987 c.737 �8]

�� Note: 221.475 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 221.480 [Repealed by 1981 c.288 �1]

�� 221.485 Policy on vehicles for hire. The Legislative Assembly finds and declares that privately owned taxicabs, limousines and other vehicles for hire are a vital part of the transportation system within this state and provide necessary services in response to the needs of state residents, tourists and business representatives from outside this state. Consequently, the safety and reliability of such vehicles and the economic well-being and stability of their owners and operators are matters of public concern. The regulation of such vehicles is an essential government function and, therefore, it is the intent of the Legislative Assembly to reaffirm the authority of political subdivisions in this state to regulate the operation of privately owned taxicabs, limousines and other vehicles for hire and to exempt such regulation from liability under federal antitrust laws. [1985 c.475 �1]

�� 221.490 [Repealed by 1981 c.288 �1]

�� 221.495 Local regulation of vehicles for hire. Cities and counties in this state are authorized to grant franchises, to license, control and regulate privately owned taxicabs, limousines and other vehicles for hire that operate within their respective jurisdictions. The power to regulate granted under this section includes, but is not limited to:

�� (1) Regulating entry into the business of providing taxicab, limousine or other similar services.

�� (2) Requiring a license or permit as a condition for operation of taxicabs, limousines and other vehicles for hire and revoking, canceling or refusing to reissue a license or permit for failure to comply with regulatory requirements.

�� (3) Controlling the maximum rates charged and the manner in which rates are calculated and collected.

�� (4) Regulating routes for such vehicles, including restricting access to airports.

�� (5) Establishing safety, equipment and insurance requirements.

�� (6) Establishing any other requirements necessary to assure safe and reliable service by such vehicles. [1985 c.475 �2]

�� 221.500 [Repealed by 1981 c.288 �1]

(Telecommunications Carriers)

�� 221.505 Policy. The Legislative Assembly recognizes that significant changes have occurred in the regulation, technology and marketing of telecommunications carriers as defined in ORS 133.721 over the past decade. It is the intent of the Legislative Assembly in adopting the privilege tax authorized by ORS 221.505 to 221.515 and

ORS 223.161

223.161.

�� (b) A people�s utility district organized under ORS chapter 261.

�� (c) A domestic water supply district organized under ORS chapter 264.

�� (d) A cemetery maintenance district organized under ORS chapter 265.

�� (e) A park and recreation district organized under ORS chapter 266.

�� (f) A mass transit district organized under ORS 267.010 to 267.394.

�� (g) A transportation district organized under ORS 267.510 to 267.650.

�� (h) A metropolitan service district organized under ORS chapter 268.

�� (i) A translator district organized under ORS 354.605 to 354.715.

�� (j) A library district organized under ORS 357.216 to 357.286.

�� (k) A county road district organized under ORS 371.055 to 371.110.

�� (L) A special road district organized under ORS 371.305 to 371.360.

�� (m) A road assessment district organized under ORS 371.405 to 371.535.

�� (n) A highway lighting district organized under ORS chapter 372.

�� (o) A 9-1-1 communications district organized under ORS 403.300 to 403.380.

�� (p) A health district organized under ORS 440.305 to 440.410.

�� (q) A sanitary district organized under ORS 450.005 to 450.245.

�� (r) A sanitary authority, water authority or joint water and sanitary authority organized under ORS 450.600 to 450.989.

�� (s) A county service district organized under ORS chapter 451.

�� (t) A vector control district organized under ORS 452.020 to 452.170.

�� (u) A rural fire protection district organized under ORS chapter 478.

�� (v) A geothermal heating district organized under ORS chapter 523.

�� (w) An irrigation district organized under ORS chapter 545.

�� (x) A drainage district organized under ORS chapter 547.

�� (y) A diking district organized under ORS chapter 551.

�� (z) A water improvement district organized under ORS chapter 552.

�� (aa) A water control district organized under ORS chapter 553.

�� (bb) A district improvement company or a district improvement corporation organized under ORS chapter 554.

�� (cc) A weather modification district organized under ORS 558.200 to 558.440.

�� (dd) A fair district formed under ORS chapter 565.

�� (ee) A soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.

�� (ff) A weed control district organized under ORS 569.350 to 569.445.

�� (gg) A port organized under ORS 777.005 to 777.725 and 777.915 to 777.953.

�� (hh) The Port of Portland created under ORS 778.010.

�� (ii) An airport district established under ORS chapter 838.

�� (jj) A heritage district organized under ORS 358.442 to 358.474.

�� (kk) A radio and data district organized under ORS 403.500 to 403.542.

�� (LL) A sand control district organized under ORS 555.500 to 555.535.

�� (mm) The urban flood safety and water quality district created under ORS 550.150 to 550.410. [2001 c.74 �7; 2003 c.802 �1; 2007 c.562 �18; 2009 c.584 �19; 2015 c.560 �13; 2019 c.621 �27]

�� 174.117 �Special government body� defined. (1) Subject to ORS 174.108, as used in the statutes of this state �special government body� means any of the following:

�� (a) A public corporation created under a statute of this state and specifically designated as a public corporation.

�� (b) A school district.

�� (c) A public charter school established under ORS chapter 338.

�� (d) An education service district.

�� (e) A community college district or community college service district established under ORS chapter 341.

�� (f) An intergovernmental body formed by two or more public bodies.

�� (g) Any entity that is created by statute, ordinance or resolution that is not part of state government or local government.

�� (h) Any entity that is not otherwise described in this section that is:

�� (A) Not part of state government or local government;

�� (B) Created pursuant to authority granted by a statute, ordinance or resolution, but not directly created by that statute, ordinance or resolution; and

�� (C) Identified as a governmental entity by the statute, ordinance or resolution authorizing the creation of the entity, without regard to the specific terms used by the statute, ordinance or resolution.

�� (i) A public university listed in ORS 352.002.

�� (2) Subject to ORS 174.108, as used in the statutes of this state �special government body� includes:

�� (a) An entity created by statute for the purpose of giving advice only to a special government body;

�� (b) An entity created by a special government body for the purpose of giving advice to the special government body, if the document creating the entity indicates that the entity is a public body; and

�� (c) Any entity created by a special government body described in subsection (1) of this section, other than an entity described in paragraph (b) of this subsection, unless the document creating the entity indicates that the entity is not a governmental entity or the entity is not subject to any substantial control by the special government body. [2001 c.74 �8; 2013 c.768 �54; 2015 c.767 �50]

�� 174.118 Application of definitions to ORS 174.108 to 174.118. The definitions provided by ORS

ORS 242.010

242.010 [Repealed by 1959 c.252 �46]

�� 242.020 [Repealed by 1959 c.252 �46]

�� 242.030 [Repealed by 1959 c.252 �46]

�� 242.040 [Repealed by 1959 c.252 �46]

CIVIL SERVICE FOR EMPLOYEES OF DISTRICT ANNEXED BY CITY

�� 242.050 Civil service for employees of certain districts after annexation. Whenever any rural fire protection, water or sanitary district becomes partially or wholly absorbed into a city which operates under a system of civil service for its employees, notwithstanding the civil service provisions of law or such city�s charter, the governing body of the city may, at its option, provide for inclusion of any or all the employees of the district as employees of the city under its civil service system with or without civil service examinations, in a manner determined by the exercise of the sound discretion of the governing body.

CIVIL SERVICE FOR CUSTODIANS IN SCHOOL DISTRICTS OF 475,000 OR MORE

�� 242.310 Short title. ORS 242.310 to 242.640 and 242.990 (1) shall be known as the Custodians� Civil Service Law.

�� 242.320 Definitions for ORS 242.310 to 242.640. As used in ORS 242.310 to 242.640, unless the context requires otherwise:

�� (1) �Assistant custodian� means any employee who works under the supervision of a custodian except those who:

�� (a) Work less than eight hours per day; or

�� (b) Work less than 12 months per year; or

�� (c) Receive an hourly rate of pay.

�� (2) �Board� means a civil service board created pursuant to ORS 242.330.

�� (3) �Custodian� means an employee of the school district who has supervision of property, keeping it in sanitary condition and tending to the cleaning and operation of heating plants and other necessary work by way of care and labor to keep the physical plants of the school board in maintenance and operation. [Amended by 1969 c.262 �1]

�� 242.330 Civil service board. (1) In all school districts having a population of 475,000 or more persons according to the last federal census, there is created a civil service board with jurisdiction over the appointment, employment, classification and discharge of custodians and assistant custodians in the employ of the school district.

�� (2) The board shall be composed of three commissioners. An alternate for each commissioner may be appointed to serve in the commissioner�s absence. The commissioners and alternates shall be appointed by the school board of the district. [Amended by 1969 c.262 �2; 1975 c.770 �42; 1979 c.738 �1; 2023 c.437 �1]

�� 242.340 Qualifications of commissioners. To be eligible for appointment to the board, a commissioner shall:

�� (1) Be a resident of Oregon.

�� (2) Be known to be devoted to the principles of civil service.

�� (3) Not be a member or employee of the school board. [Amended by 2023 c.437 �2]

�� 242.350 Terms and compensation of commissioners. (1) Initial appointments of the commissioners shall be as follows: One for two years, one for four years and one for six years. Thereafter each appointment shall be for a term of six years.

�� (2) The commissioners shall serve without compensation.

�� 242.360 Removal and vacancies. (1) The school board may remove any commissioner for just cause at any time.

�� (2) In the event of removal or of a vacancy caused by death or resignation, the vacancy shall be filled by the school board. Such appointment shall be for the unexpired term of the commissioner whose place is vacated. [Amended by 2023 c.437 �3]

�� 242.370 Secretary; duties; salary. The civil service board shall appoint a secretary, who shall keep a record of its proceedings, preserve all reports made to it, superintend and keep a record of all assessments held under its direction and perform such other duties as it may prescribe. The secretary shall hold office during the pleasure of the board, and shall receive a salary of not less than $50 per month, to be paid by the school district. [Amended by 2023 c.437 �4]

�� 242.380 Offices and clerical help. The school board shall provide the civil service board with suitable and convenient rooms and accommodations and cause the same to be furnished, heated, lighted and supplied with all office supplies and equipment necessary to carry on the business of the board. The school board also shall provide the civil service board with such other clerical assistance as may be necessary.

�� 242.390 Rules. The civil service board may make appropriate rules and regulations to carry out the provisions of the Custodians� Civil Service Law. The rules shall provide in detail the manner in which assessments are to be held and appointments and removals made. The board may, from time to time, change its rules. Any rules or regulations shall be printed for distribution by the board, and 10 days� notice of same must be given by publication in a daily newspaper printed in the district not less than 10 days before the rules or regulations go into effect. [Amended by 2023 c.437 �5]

�� 242.400 Annual report; roster of employees. The board shall, on or before January 1 of each year, make a report to the school board of the district, showing its rules in force and the practical effect thereof, and any suggestions it may have for a more effective accomplishment of classified civil service. The board shall also provide a roster for all employees under the Custodians� Civil Service Law and make such other reports and recommendations as it deems advisable.

�� 242.410 Records preserved; open to public. The board shall keep on file all documents related to an assessment held by the board for a period of at least five years and all other papers and documents and communications received by it. All records shall be public and, as such, accessible at convenient times. [Amended by 2023 c.437 �6]

�� 242.420 Investigations; oaths; subpoenas; examination of books, papers and records. The board may make any appropriate investigation to carry out the purposes of the Custodians� Civil Service Law. In connection therewith, any member of the board may administer oaths, issue subpoenas to witnesses and compel their attendance at assessments, and examine books, papers and records and compel their production by witnesses in the same manner as if the subpoenas had been issued from a court of record in this state. [Amended by 2023 c.437 �7]

�� 242.510 Classified service. The civil service board shall classify, with relation to the character of work and the compensation attached thereto, all positions in the service of the school board within the district including those under the supervision of a custodian except those described in ORS 242.320 (1)(a), (b) or (c). The positions so classified shall constitute the classified civil service of the school district. [Amended by 1979 c.738 �2]

�� 242.520 Merit system to be observed. (1) No appointment or promotion to any position shall be made except as provided in the Custodians� Civil Service Law. All appointments to beginning employment positions in the classified civil service shall be made according to fitness, to be ascertained by open competitive assessments. All promotions in the classified civil service shall be made according to merit in service, fidelity in service and seniority in service.

�� (2) No person shall be appointed or employed by a school board under any title not appropriate to the duties to be performed.

�� (3) The appointing authority shall immediately notify the board of any appointment or discharge. [Amended by 1969 c.262 �3; 2023 c.437 �8]

�� 242.530 Competitive assessments; assessors. The board shall, from time to time, hold public competitive assessments to ascertain the fitness of applicants for beginning employment positions of the classified civil service. The board shall control those assessments and may designate any person to act as assessor without compensation. [Amended by 1969 c.262 �4; 2023 c.437 �9]

�� 242.540 Character of assessments. Assessments shall be practical in character and relate only to those matters that consider the relative fitness of the persons assessed to discharge the duties for the respective positions for which they are applicants. The assessments must consider professional skill, prior experience and bona fide factors that are related to the position. Nothing relating to an applicant�s political or religious opinion or affiliation shall be asked or given. [Amended by 2023 c.437 �10]

�� 242.550 Evidence of fitness for appointment. Subject to rules adopted by the Oregon Department of Administrative Services under ORS 181A.215, the civil service board may require an applicant for a custodial position to furnish evidence satisfactory to the board of good character and such other evidence as the civil service board deems necessary to establish the applicant�s fitness. [Amended by 1969 c.262 �5; 1979 c.738 �3; 1979 c.744 �11; 2015 c.758 �14; 2023 c.437 �11]

�� 242.560 Register of eligible candidates; ranking; rules. (1) The board shall prepare and keep a register for each grade or class of positions of the persons whose average standing, upon assessment for such grade or class, is not less than the minimum fixed by the rules of the board, and who otherwise are eligible. Such persons shall take rank upon the register as candidates for beginning employment positions in order of their relative excellence, as determined by the assessment. Candidates of equal standing shall take rank upon the register according to the order in which their applications are filed. The board may, by rule, provide for striking candidates from the register, after they have remained thereon for a specified time.

�� (2) The board shall prepare and keep a register for each grade or class of positions of the persons eligible for promotion. Such register shall contain information concerning merit in service, fidelity in service and seniority in service. Such persons shall take rank upon the register as candidates for promotion in order of their relative excellence, as determined by merit in service, fidelity in service and seniority in service. Candidates of equal standing shall take rank upon the register according to the order in which their applications are filed. [Amended by 1969 c.262 �6; 2023 c.437 �12]

�� 242.570 Certification of candidates for vacancies; rules. (1) Whenever there is a vacancy in any position in the classified civil service, the school board, or its designated representative, immediately shall notify the civil service board thereof.

�� (2) The civil service board thereupon shall certify to the appointing authority the names and addresses of the three eligible candidates standing highest upon the register for the class or grade to which such position belongs. If there are fewer than three, the board shall certify all remaining candidates upon the register. When vacancies exist in two or more positions of the same class in the same department at the same time, the board may certify a smaller number than three candidates for each position, but those certified must be eligible candidates standing highest upon the register.

�� (3) The board may, by rule, limit the number of times the same candidate is certified to the appointing authorities.

�� (4) The appointing authority may require the candidates certified to come before the appointing authority for interview. When the candidates are applicants for beginning employment, the appointing authority shall be entitled to inspect the candidates� assessment-related documents. [Amended by 1969 c.262 �7; 2005 c.22 �184; 2023 c.437 �13]

�� 242.580 Probation. Each person appointed to a vacant position shall be on probation for a period of one year from the date of hire. Within that time the person may be discharged and another candidate appointed in like manner. [Amended by 1979 c.738 �4]

�� 242.590 Permanent appointments. (1) The appointing authority must make a permanent appointment from the list of candidates certified by the board, unless, upon reasons signed in writing by the appointing authority, the board consents to and certifies a new list of candidates. If a person on probation is not dismissed during the probationary period the appointment is deemed permanent.

�� (2) All persons employed as custodians and assistant custodians in a school district on the date the Custodians� Civil Service Law becomes effective as to such school district shall be permanent employees without assessment and shall be so appointed by the board. [Amended by 2023 c.437 �14]

�� 242.600 Emergency appointments. In cases of emergency, to prevent delay or injury to the property of the school district or of the public business, the appointing authority may fill any position temporarily but not for longer than 30 days.

�� 242.610 Suspension; reappointment. Any appointing authority of the school district may suspend any person within the classified service for any cause for a period of not exceeding 30 days. If any employee in the classified service is suspended by reason of the closing of a school or lack of work to be done, the employee again shall be placed on the eligible list of the civil service board and shall have the first preference in the filling of any vacancy and shall be appointed according to seniority. If the school board opens any closed school, the employees employed in the building shall have first preference to their previous place of appointment.

�� 242.620 Dismissal. No employee in the classified civil service who has been permanently appointed, shall be dismissed except for cause. A written statement of the cause of dismissal, in general terms, shall be served upon the dismissed employee and a duplicate filed with the board. A dismissal may be made without any hearing but any employee so removed may, within 10 days thereafter, file with the board a written demand for investigation. If the demand alleges, or it otherwise appears to the board, that the discharge or removal was for political or religious reasons, or for reasons of age as described in ORS chapter 659A, or was because of personal favoritism or was not in good faith nor for the purpose of improving the public service, an investigation shall be held by the board or by persons appointed by them and under their direction. [Amended by 1959 c.689 �11; 1977 c.770 �10; 2001 c.621 �75]

�� 242.630 Investigation; findings; appeal. (1) The investigation pursuant to ORS 242.620 shall be confined to determining whether the dismissal was or was not for political or religious reasons, or because of reasons of age as described in ORS chapter 659A, or was not made in good faith for the purpose of improving public service.

�� (2) If the board finds that the employee is entitled to reinstatement, it shall report its findings in writing to the school board, whereupon the employee shall be reinstated.

�� (3) If the board finds that the employee was properly discharged, the employee shall have a right of appeal from the board�s decision to the circuit court for the county in which the district lies. Appeals shall be perfected by service of notice of appeal upon the secretaries of the civil service board and school board, together with a copy of the decision of the civil service board certified to be a correct copy by the secretary thereof, whereupon the same shall be filed with the clerk of the court. [Amended by 1959 c.689 �12; 1977 c.400 �3; 1977 c.770 �11; 1993 c.778 �26; 2001 c.621 �76]

�� 242.635 Board approval necessary for eligibility after dismissal; requirements for approval. An employee in the classified civil service who has been duly dismissed for cause shall not be eligible for an assessment for appointment without the approval of the civil service board. Approval shall not be granted unless the board on evidence presented by applicant finds that the condition resulting in dismissal has been corrected and is unlikely to recur. [1979 c.738 �6; 2023 c.437 �15]

�� 242.640 Prohibited conduct. No person shall:

�� (1) Willfully or corruptly or in cooperation with one or more persons, defeat, deceive or obstruct any person with respect to the right of the individual to assessment or registration according to the regulations prescribed by the civil service board pursuant to the Custodians� Civil Service Law.

�� (2) Willfully or corruptly make any false representations with respect to the proper standing of any person assessed, registered or certified according to any regulation prescribed pursuant to the Custodians� Civil Service Law, or aid in so doing.

�� (3) Willfully or corruptly make any false representations concerning the assessment, certification and registration or concerning the persons assessed, registered or certified.

�� (4) Willfully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so assessed, registered or certified, or to be assessed, registered or certified.

�� (5) Permit any other person or permit or aid in any other manner, any other person to impersonate the individual in connection with any assessment, registration or application, or request to be assessed or registered.

�� (6) Make an appointment to any position contrary to the Custodians� Civil Service Law, or refuse or neglect to comply therewith. [Amended by 2023 c.437 �16]

CIVIL SERVICE FOR FIREFIGHTERS

(Generally)

�� 242.702 Definitions for ORS 242.702 to 242.824. As used in ORS 242.702 to 242.824, unless the context requires otherwise:

�� (1) �Appointing power� includes every person or group of persons who, acting singly or as a board, council or commission, are vested with authority to select, appoint or employ any person to hold any position subject to civil service under ORS

ORS 255.011

255.011); 1975 c.766 �21; repealed by 1979 c.190 �431]

GENERAL PROVISIONS

�� 255.005 Definitions. As used in this chapter:

�� (1) �County clerk� means the county clerk or the county official in charge of elections.

�� (2) �District board� means the governing body of a district.

�� (3) �District election� means any election authorized or required to be held by a district.

�� (4) �District elections authority� means the county court or board of county commissioners, district board or other body or officer authorized or required to call a district election.

�� (5) �Elections officer� means the:

�� (a) County clerk of the county in which the administrative office of the district is located regarding a measure, or a candidate for an office, to be voted on in a district located in more than one county.

�� (b) County clerk regarding a measure, or a candidate for an office, to be voted on in a district situated wholly within the county.

�� (6) �Elector� means an individual qualified to vote under section 2, Article II, Oregon Constitution.

�� (7) �Measure� includes any of the following submitted to the people for their approval or rejection at an election:

�� (a) A proposed law.

�� (b) An Act or part of an Act of the Legislative Assembly.

�� (c) A revision of or amendment to the Oregon Constitution.

�� (d) Local, special or municipal legislation.

�� (e) A proposition or question.

�� (8) �Regular district election� means the election held each year for the purpose of electing members of any district board as defined in subsection (2) of this section.

�� (9) �School district� means a common school district, a union high school district, an education service district or a community college district. [Formerly 259.010; 1983 c.392 �6; 1985 c.808 �39; 1987 c.707 �20]

�� 255.010 [Repealed by 1957 c.608 �231]

�� 255.011 [1957 c.608 �190; 1965 c.39 �1; 1971 c.733 �1; repealed by 1973 c.155 �1 (255.001 enacted in lieu of 255.011)]

�� 255.012 �District� defined. As used in this chapter, �district� means:

�� (1) A domestic water supply district organized under ORS chapter 264.

�� (2) A cemetery maintenance district organized under ORS chapter 265.

�� (3) A park and recreation district organized under ORS chapter 266.

�� (4) A mass transit district organized under ORS 267.010 to 267.394.

�� (5) A transportation district organized under ORS 267.510 to 267.650.

�� (6) A metropolitan service district organized under ORS chapter 268.

�� (7) A translator district organized under ORS 354.605 to 354.715.

�� (8) A library district organized under ORS 357.216 to 357.286.

�� (9) A county road district organized under ORS 371.055 to 371.110.

�� (10) A special road district organized under ORS 371.305 to 371.360.

�� (11) A road assessment district organized under ORS 371.405 to 371.535.

�� (12) A highway lighting district organized under ORS chapter 372.

�� (13) A health district organized under ORS 440.305 to 440.410.

�� (14) A sanitary district organized under ORS 450.005 to 450.245.

�� (15) A sanitary authority, water authority or joint water and sanitary authority organized under ORS 450.600 to 450.989.

�� (16) A county service district organized under ORS chapter 451.

�� (17) A rural fire protection district organized under ORS chapter 478.

�� (18) An airport district organized under ORS chapter 838.

�� (19) A geothermal heating district organized under ORS chapter 523.

�� (20) A water improvement district organized under ORS chapter 552.

�� (21) A water control district organized under ORS chapter 553.

�� (22) A weather modification district organized under ORS 558.200 to 558.440.

�� (23) A livestock district organized under ORS 607.005 to 607.051.

�� (24) A port organized under ORS 777.005 to 777.725 and 777.915 to 777.953.

�� (25) The Port of Portland established by ORS 778.010.

�� (26) A school district.

�� (27) Territory, other than territory within a city, proposed to be created, formed or incorporated into a district or to be annexed or otherwise added to a district.

�� (28) A soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.

�� (29) A heritage district organized under ORS 358.442 to 358.474.

�� (30) A radio and data district organized under ORS 403.500 to 403.542.

�� (31) A sand control district organized under ORS 555.500 to 555.535.

�� (32) A community college district formed under ORS chapter 341.

�� (33) A 9-1-1 communications district organized under ORS 403.300 to 403.380.

�� (34) An urban flood safety and water quality district created under ORS 550.150 to 550.410. [Formerly

ORS 260.005

260.005, in the manner provided in ORS chapter 260.

�� (2) The credit allowed by subsection (1) of this section shall be the lesser of:

�� (a) The total contribution, not to exceed $100 on a joint return or $50 on any other type of return; or

�� (b) The tax liability of the taxpayer.

�� (3) A taxpayer may not claim the credit allowed under this section if the taxpayer has federal adjusted gross income in excess of $150,000 on a joint return or $75,000 on any other type of return.

�� (4) The claim for tax credit shall be substantiated by submission, with the tax return, of official receipts of the candidate, agent, political party or committee thereof or political committee to whom contribution was made. [1969 c.432 �2; 1973 c.119 �3; 1975 c.177 �1; 1977 c.268 �1; 1979 c.190 �413; 1985 c.802 �6; 1987 c.293 �16; 1989 c.986 �1; 1993 c.797 �27; 1995 c.1 �19; 1995 c.712 �104; 1999 c.999 �27; 2013 c.750 �6; 2019 c.579 �49]

�� Note: Section 34, chapter 913, Oregon Laws 2009, provides:

�� Sec. 34. (1) A credit may not be claimed under ORS 316.102 for tax years beginning on or after January 1, 2028.

�� (2) The amendments to ORS 316.102 by section 49, chapter 579, Oregon Laws 2019, apply to tax years beginning on or after January 1, 2020, and before January 1, 2028. [2009 c.913 �34; 2013 c.750 �7; 2019 c.579 �48; 2023 c.490 �9]

�� 316.103 [1985 c.684 �12; 1989 c.765 �1; 1989 c.958 �10; 1991 c.877 �7; repealed by 1993 c.730 �31 (315.324 enacted in lieu of 316.103 and 317.106)]

�� 316.104 [1987 c.911 �8b; 1991 c.877 �8; repealed by 1993 c.730 �37 (315.504 enacted in lieu of 316.104 and 317.140)]

�� 316.105 [1953 c.304 �14; 1953 c.552 �5; repealed by 1969 c.493 �99]

�� 316.106 [1967 c.274 �7; repealed by 1969 c.493 �99]

�� 316.107 [1969 c.493 �20; 1973 c.402 �19; 1985 c.802 �7; repealed by 1993 c.730 �3 (315.054 enacted in lieu of 316.107)]

�� 316.108 [1967 c.118 �2; repealed by 1969 c.493 �99]

�� 316.109 Credit for tax by another jurisdiction on sale of residential property; rules. (1) If gain on the sale of residential property is taxed under this chapter, the adjusted basis of the property for purposes of this chapter shall be the same as its adjusted basis for federal income tax purposes.

�� (2) A credit against the tax otherwise due under this chapter shall be allowed to the taxpayer for the amount of any taxes imposed on the taxpayer by another state of the United States, a foreign country or the District of Columbia which tax is attributable to gain that is subject to tax as described in subsection (1) of this section.

�� (3) The amount of the credit allowed under subsection (2) of this section may not exceed the amount of the gain taxed by the other taxing jurisdiction multiplied by eight percent.

�� (4) The Department of Revenue shall provide by rule the procedure for obtaining credit provided by subsection (2) of this section and the proof required. The requirement of proof may be waived partially, conditionally or absolutely, as provided under ORS 315.063.

�� (5) Any credit allowed under subsection (2) of this section may not be applied in calculating tax due under this chapter if the tax upon which the credit is based has been claimed as a deduction for Oregon personal income tax purposes, unless the tax is restored to income on the Oregon return. [1979 c.579 �2; 1981 c.705 �2; 1995 c.54 �10; 2001 c.114 �36]

�� 316.110 [1953 c.304 �15; 1953 c.552 �6; 1957 c.582 �1; 1961 c.506 �1; 1963 c.253 �1; repealed by 1969 c.493 �99]

�� 316.111 [1965 c.360 �2; repealed by 1969 c.493 �99]

�� 316.112 [1959 c.211 �2; 1963 c.627 �5 (referred and rejected); repealed by 1969 c.493 �99]

�� 316.113 [1967 c.61 �2; repealed by 1969 c.493 �99]

�� 316.114 [1967 c.449 �2; repealed by 1969 c.493 �99]

�� 316.115 [1953 c.304 �16; 1959 c.555 �1; subsection (4) derived from 1959 c.555 �2; repealed by 1969 c.493 �99]

�� 316.116 Credit for alternative energy device; rules. (1)(a) A resident individual shall be allowed a credit against the taxes otherwise due under this chapter for costs paid or incurred for construction or installation of each of one or more alternative energy devices in or at a dwelling.

�� (b) A credit against the taxes otherwise due under this chapter is not allowed for an alternative energy device that does not meet or exceed all applicable federal, state and local requirements for energy efficiency, including equipment codes, state and federal appliance standards, the state building code, specialty codes and any other standards.

�� (2)(a) For each category one alternative energy device other than an alternative fuel device or an alternative energy device that uses solar radiation for domestic water heating or swimming pool heating, the credit allowed under this section may not exceed the lesser of 50 percent of the cost of the alternative energy device or $1,500, and shall be computed as follows:

�� (A) For a category one alternative energy device that is not an alternative fuel device, the credit shall be based upon the first year energy yield of the alternative energy device that qualifies under ORS 469B.100 to 469B.118. The amount of the credit shall be the same whether for collective or noncollective investment.

�� (B) For each category one alternative energy device for a dwelling, the credit shall be based upon the first year energy yield in kilowatt hours per year multiplied by 60 cents per dwelling utilizing the alternative energy device used for space heating, cooling, electrical energy or domestic water heating.

�� (C) Except as provided in paragraph (c) of this subsection, for each category one alternative energy device used for swimming pool, spa or hot tub heating, the credit shall be based upon the first year energy yield in kilowatt hours per year multiplied by 15 cents.

�� (b) For each alternative fuel device, the credit allowed under this section may not exceed the lesser of 50 percent of the cost of the alternative fuel device or $750.

�� (c) For each category one alternative energy device that uses solar radiation for:

�� (A) Domestic water heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year energy yield in kilowatt hours per year multiplied by $2, whichever is lower, up to $6,000.

�� (B) Swimming pool heating, the credit allowed under this section shall be based upon 50 percent of the cost of the device or the first year energy yield in kilowatt hours per year multiplied by 20 cents, whichever is lower, up to $2,500.

�� (d)(A) For each category two alternative energy device that is a solar electric system or fuel cell system, the credit allowed under this section may not exceed the lesser of $3 per watt of installed output or $6,000.

�� (B) For each category two alternative energy device that is a wind electric system, the credit allowed under this section may not exceed the lesser of $6,000 or the first year energy yield in kilowatt hours per year multiplied by $2.

�� (3)(a) Notwithstanding subsection (2)(a), (c) or (d) of this section, the total amount of the credits allowed in any one tax year may not exceed the tax liability of the taxpayer or $1,500 for each alternative energy device, whichever is less. Unused credit amounts may be carried forward as provided in subsection (8) of this section, but may not be carried forward to a tax year that is more than five tax years following the first tax year for which any credit was allowed with respect to the category two alternative energy device that is the basis for the credit.

�� (b) Notwithstanding subsection (2)(d) of this section, the total amount of the credit for each device allowed under subsection (2)(d) of this section may not exceed 50 percent of the total installed cost of the category two alternative energy device.

�� (4) The State Department of Energy may by rule provide for a lesser amount of incentive for each type of alternative energy device as market conditions warrant.

�� (5) To qualify for a credit under this section, all of the following are required:

�� (a) The alternative energy device must be purchased, constructed, installed and operated in accordance with ORS 469B.100 to 469B.118 and a certificate issued thereunder.

�� (b) The taxpayer who is allowed the credit must be the owner or contract purchaser of the dwelling or dwellings served by the alternative energy device or the tenant of the owner or of the contract purchaser and must:

�� (A) Use the dwelling or dwellings served by the alternative energy device as a principal or secondary residence; or

�� (B) Rent or lease, under a residential rental agreement, the dwelling or dwellings to a tenant who uses the dwelling or dwellings as a principal or secondary residence.

�� (c) The credit must be claimed for the tax year in which the alternative energy device was purchased if the device is operational by April 1 of the next following tax year.

�� (6) The credit provided by this section does not affect the computation of basis under this chapter.

�� (7) The total credits allowed under this section in any one year may not exceed the tax liability of the taxpayer.

�� (8) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer�s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year, and any credit not used in that third succeeding tax year may be carried forward and used in the fourth succeeding tax year, and any credit not used in that fourth succeeding tax year may be carried forward and used in the fifth succeeding tax year, but may not be carried forward for any tax year thereafter.

�� (9) A nonresident shall be allowed the credit under this section in the proportion provided in ORS 316.117.

�� (10) If a change in the taxable year of a taxpayer occurs as described in ORS 314.085, or if the Department of Revenue terminates the taxpayer�s taxable year under ORS 314.440, the credit allowed by this section shall be prorated or computed in a manner consistent with ORS 314.085.

�� (11) If a change in the status of a taxpayer from resident to nonresident or from nonresident to resident occurs, the credit allowed by this section shall be determined in a manner consistent with ORS 316.117.

�� (12) Spouses in a marriage who file separate returns for a taxable year may each claim a share of the tax credit that would have been allowed on a joint return in proportion to the contribution of each. However, a spouse living in a separate principal residence may claim the tax credit in the same amount as permitted a single person.

�� (13) As used in this section, unless the context requires otherwise:

�� (a) �Collective investment� means an investment by two or more taxpayers for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

�� (b) �Noncollective investment� means an investment by an individual taxpayer for the acquisition, construction and installation of an alternative energy device for one or more dwellings.

�� (c) �Taxpayer� includes a transferee of a verification form under ORS 469B.106 (8).

�� (14) Notwithstanding any provision of subsections (1) to (4) of this section, the sum of the credit allowed under subsection (1) of this section plus any similar credit allowed for federal income tax purposes may not exceed the cost for the acquisition, construction and installation of the alternative energy device. [1977 c.196 �8; 1979 c.670 �2; 1981 c.894 �3; 1983 c.684 �14; 1983 c.768 �1; 1987 c.492 �1; 1989 c.626 �6; 1989 c.880 ��9,11; 1995 c.746 �19; 1997 c.325 �41; 1997 c.534 �3; 1999 c.21 �41; 1999 c.623 �1; 2005 c.832 �5; 2007 c.843 �29; 2009 c.909 �47; 2011 c.730 �69; 2012 c.45 �12; 2015 c.629 �41; 2015 c.701 ��26,27; 2016 c.29 �4]

�� Note: Section 5a (1), chapter 832, Oregon Laws 2005, provides:

�� Sec. 5a. (1) A taxpayer may not be allowed a credit under ORS 316.116 if the first tax year for which the credit would otherwise be allowed with respect to an alternative energy device begins on or after January 1, 2018. [2005 c.832 �5a; 2007 c.843 �35; 2009 c.913 �12; 2011 c.83 �16; 2011 c.730 �67(1)]

�� Note: Section 75, chapter 730, Oregon Laws 2011, provides:

�� Sec. 75. The State Department of Energy may not issue certifications for more than $10 million in potential tax credits for third-party alternative energy device installations in any tax year. [2011 c.730 �75]

TAXATION OF NONRESIDENTS

�� 316.117 Proration between Oregon income and other income for nonresidents, part-year residents and trusts. (1) Except as provided under subsection (2) of this section, the proportion for making a proration for nonresident taxpayers of the standard deduction or itemized deductions, the personal exemption credits and any accrued federal or foreign income taxes, or for part-year resident taxpayers of the amount of the tax, between Oregon source income and income from all other sources is the federal adjusted gross income of the taxpayer from Oregon sources divided by the taxpayer�s federal adjusted gross income from all sources. If the numerator of the fraction described in this subsection is greater than the denominator, the proportion of 100 percent shall be used in the proration required by this section. As used in this subsection, �federal adjusted gross income� means the federal adjusted gross income of the taxpayer with the additions, subtractions and other modifications to federal taxable income that relate to adjusted gross income for personal income tax purposes.

�� (2) For part-year resident trusts, the proration made under this section shall be made by reference to the taxable income of the fiduciary. [1969 c.493 �21; 1971 c.672 �1; 1973 c.269 �1; 1975 c.672 �5; 1977 c.872 �5; 1981 c.801 �4; 1983 c.684 �15; 1985 c.141 �5; 1987 c.293 �17; 1999 c.580 �5]

�� 316.118 Pro rata share of S corporation income of nonresident shareholder. (1) The pro rata share of S corporation income of a nonresident shareholder constitutes income or loss derived from or connected with sources in this state as provided in ORS 316.127 (5).

�� (2) In determining the pro rata share of S corporation income of a nonresident shareholder, there shall be included only that part derived from or connected with sources in this state of the shareholder�s distributive share of items of S corporation income, gain, loss and deduction (or item thereof) entering into the federal adjusted gross income of the shareholder, as such part is determined under rules adopted by the Department of Revenue in accordance with the general rules under ORS 316.127.

�� (3) Any modifications, additions or subtractions to federal taxable income described in this chapter that relates to an item of S corporation income, gain, loss or deduction (or item thereof) shall be made in accordance with the shareholder�s pro rata share, for federal income tax purposes of the item to which the modification, addition or subtraction relates, but limited to the portion of such item derived from or connected with sources in this state.

�� (4) A nonresident shareholder�s pro rata share of items of income, gain, loss or deduction (or item thereof) shall be determined under ORS 314.763 (1). The character of shareholder items for a nonresident shareholder shall be determined under ORS

ORS 276.435

276.435)]

�� 276.164 [1967 c.450 ��2,3; 1969 c.706 �54; repealed by 1977 c.598 �35]

�� 276.166 [1967 c.565 �6; repealed by 1977 c.598 �35]

�� 276.175 [1969 c.706 �24; repealed by 1977 c.598 �35]

TRANSFER OF VACANT FACILITIES TO

OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES

�� 276.180 Transfer of certain buildings, grounds and facilities when vacated; operation; maintenance. When vacated and no longer required for institution uses, all or any portion of the buildings, grounds and facilities presently operated and controlled by the Department of Human Services, the Department of Corrections, the Oregon Health Authority or the State Board of Education, are transferred to the Oregon Department of Administrative Services when so ordered by the Oregon Department of Administrative Services. Title shall vest automatically in the Oregon Department of Administrative Services in the name of the State of Oregon and the department shall operate and maintain all facilities described in this section. [1973 c.772 �6; 1974 c.71 �1; 1975 c.104 �4; 1987 c.320 �152; 1993 c.500 �20; 2001 c.900 �50; 2009 c.595 �194]

�� 276.185 [1969 c.199 �10; 1981 c.106 �12; repealed by 1997 c.249 �83]

�� 276.190 [1959 c.595 �4; repealed by 1977 c.598 �35]

SERVICES AND FACILITIES FOR STATE BUILDINGS

(Heat, Light, Power, Sewage, Fire Protection and Communications)

�� 276.210 Definition for ORS 276.210 to 276.228. When used in ORS 276.210 to 276.228, unless the context requires otherwise, �public buildings and grounds� means the works, buildings and grounds owned by, and situated in, this state and governed, managed or administered by the Oregon Department of Administrative Services and the other state buildings owned by the state and used by any of the departments of the state. [Amended by 1969 c.199 �31]

�� 276.212 Heat, light, communication and power systems; preference for use of biofuels. (1) The Oregon Department of Administrative Services may, as the department deems necessary, suitable or expedient, acquire, design, erect, complete, maintain and operate:

�� (a) Steam heating systems, power systems, machines, engines and equipment, with necessary transmission poles and lines, pipes or conduits for the purpose of generating and furnishing steam heat, electric energy, current, light, heat and power for the public buildings and grounds.

�� (b) Systems for the purpose of transmitting and receiving messages by radio, telephone, telegraph or other device or system in the transaction of business of the state or in which the state is interested.

�� (2) To the maximum extent that is economically feasible, the department shall in lieu of diesel use biofuel, or direct-application electricity generated from biofuel, in all facilities or machinery the department acquires, designs, erects, completes, maintains or operates as stationary or backup generation for the systems described in subsection (1) of this section.

�� (3) The department may do all things necessary for:

�� (a) The delivery of steam heat, electrical current, energy, light, heat and power to the public buildings and grounds.

�� (b) The transmitting and receiving of messages by radio, telephone, telegraph or other device or system in the transaction of business of the state or in which the state is interested. [Amended by 1969 c.199 �32; 2023 c.553 �1]

�� 276.214 Acquiring land, buildings and structures; eminent domain procedure. (1) The Oregon Department of Administrative Services may acquire by purchase, condemnation or otherwise:

�� (a) The land, buildings and structures deemed necessary, suitable or expedient for carrying out the provisions of ORS 276.212.

�� (b) The easements or rights of way, within or outside of any city or town, necessary for the construction, operation, maintenance or repair of underground conduits, pipes, transmission poles and wires.

�� (2) The Oregon Department of Administrative Services shall have the power of eminent domain for the purpose of acquiring any property necessary for carrying out the provisions of ORS 276.212. The action or proceeding shall be brought in the name of the State of Oregon in the circuit court of the proper county in this state. The procedure shall be that provided by law for the condemnation of real property or other property for the use of the public by the state or a subdivision of the state. The Oregon Department of Administrative Services may take immediate possession of the property, or the use of the property, required by the state for the purposes of ORS 276.212 by depositing with the clerk of the court the sum of money that the court, on five days� notice to the adverse party, deems adequate to secure the owner of the property sought to be taken.

�� 276.216 Erecting and constructing buildings and structures. The Oregon Department of Administrative Services may erect and construct the buildings and structures deemed necessary, suitable or expedient for carrying out the provisions of ORS

ORS 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 278.005

278.005.

�� (2)(a) The Oregon Department of Administrative Services, in cooperation with the State Department of Energy, shall develop a methodology and work plan for state agencies to implement a comprehensive assessment of energy use and greenhouse gas emissions of state-owned buildings. At a minimum, the assessments must:

�� (A) Examine and quantify each building�s greenhouse gas emissions, using where feasible existing data such as energy use reporting for existing state-owned buildings that state agencies submitted to the State Department of Energy and data from other existing programs and contracts;

�� (B) Identify equipment or usage that contributes to greenhouse gas emissions from each building; and

�� (C) Determine and quantify the useful life of equipment in each building that contributes to greenhouse gas emissions.

�� (b) The Oregon Department of Administrative Services may direct state agencies to conduct the assessments described in paragraph (a) of this subsection in phases or stages and may specify a minimum building size that is subject to an assessment.

�� (c) The Oregon Department of Administrative Services may procure and make available to state agencies services from a private contractor to conduct the assessments described in paragraph (a) of this subsection throughout the state.

�� (3) All agencies of state government shall cooperate with and assist the Oregon Department of Administrative Services, or the department�s contractor, in conducting the assessments and shall timely provide relevant information to the department, or the department�s contractor, in accordance with methodology the department specifies.

�� (4) The Oregon Department of Administrative Services, with support from the State Department of Energy, shall create a searchable and modifiable database with the data that the Oregon Department of Administrative Services, or the department�s contractor, collects from state agency assessments described in subsection (2) of this section. State agencies shall use baseline data from the database as a tool for planning energy use reduction and greenhouse gas emissions reduction targets in capital projects.

�� (5)(a) The Oregon Department of Administrative Services, in collaboration with the Department of Environmental Quality and the State Department of Energy, shall oversee all capital projects in which:

�� (A) A state agency constructs or performs a major renovation on a state building; and

�� (B) The estimated contract price for the capital project exceeds $1 million.

�� (b) In performing the oversight described in paragraph (a) of this subsection, the Oregon Department of Administrative Services shall:

�� (A) Develop and implement guidelines for sustainable design that:

�� (i) Apply to all state agencies and all capital projects described in paragraph (a) of this subsection;

�� (ii) Take into account the building�s life cycle and the life cycle of all of the building�s systems, components, materials, operations and maintenance; and

�� (iii) Consider each building�s size, cost or purpose;

�� (B) Provide guidance and technical expertise to each state agency with respect to construction methods, materials, energy conservation measures, greenhouse gas emissions reduction methods, green building construction and renovation and other techniques and technologies that will aid in achieving the state�s green building, energy efficiency and greenhouse gas emissions reduction goals; and

�� (C) Use existing work the State Department of Energy performed in connection with the United States Department of Energy�s Standard Energy Efficiency Data program, data from other existing programs and contracts and, where appropriate, data from the database described in subsection (4) of this section.

�� (c) Each state agency shall report regularly to the Oregon Department of Administrative Services concerning progress on a capital project described in paragraph (a) of this subsection, with an emphasis on progress toward meeting the goals described in paragraph (b)(B) of this subsection. A state agency may combine a report under this paragraph with a report from another state agency.

�� (6) The Oregon Department of Administrative Services and the State Department of Energy shall participate on behalf of the state in the National Building Performance Standards Coalition. [2023 c.442 �18]

�� Note: 469.748 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.750 State purchase of alternative fuels. (1) Any state agency, board, commission, department or division that is authorized to purchase or otherwise acquire fuel for the systems providing heating, air conditioning, lighting and the supply of domestic hot water for public buildings and grounds may enter into long-term contracts for the purchase of alternative fuels. Such contracts may be for terms not longer than 20 years.

�� (2) As used in this section:

�� (a) �Alternative fuels� includes all fuels other than petroleum, natural gas, coal and products derived therefrom. The term includes, but is not limited to, solid wastes or fuels derived from solid wastes.

�� (b) �Public buildings and grounds� has the meaning given that term in ORS 276.210. [1981 c.386 �6]

�� Note: 469.750 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(State Agency Projects)

�� 469.752 Definitions for ORS 469.752 to 469.756. As used in ORS 469.752 to 469.756, unless the context requires otherwise:

�� (1) �Project� means a state agency�s improvement of the efficiency of energy use through conservation, development of cogeneration facilities or use of renewable resources. �Project� does not include a plan of a state agency to improve the efficiency of energy use in a state rented facility if the payback period for the project exceeds the term of the current state lease for that facility.

�� (2) �Savings� means any reduction in energy costs or net income derived from the sale of energy generated through a project.

�� (3) �State agency� has the meaning given that term in ORS 278.005. [1991 c.487 �1; 1993 c.86 �1; 1995 c.551 �16; 2003 c.186 �47]

�� Note: 469.752 to 469.756 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.754 Authority of state agencies to establish projects; use of savings. (1) State agencies may enter into such contractual and other arrangements as are necessary or convenient to design, develop, operate and finance projects on-site at state owned or state rented facilities.

�� (2)(a) For as long as a project established under ORS 469.752 to 469.756 produces savings:

�� (A) A state agency�s budget may not be cut because of savings due to the project; and

�� (B) A state agency shall retain 100 percent of the net savings to the state agency after any project debt service.

�� (b) Savings from a project must be deposited in a revolving fund administered by the state agency.

�� (3) A state agency shall spend the savings under subsection (2) of this section to increase productivity through:

�� (a) Energy efficiency projects;

�� (b) High-tech improvements, such as the purchase or installation of new desktop or laptop computers or the linkage of computers into systems or networks; or

�� (c) Infrastructure improvements.

�� (4) The moneys credited to the revolving fund may be invested and reinvested as provided in ORS 293.701 to 293.790. Notwithstanding ORS 293.105 (3) or any other provision of law, interest or other earnings on moneys in the revolving fund must be credited to the revolving fund.

�� (5) ORS 469.752 to 469.756 do not authorize a state agency to sell electricity to an entity other than an investor owned utility, a publicly owned utility, an electric cooperative utility or the Bonneville Power Administration.

�� (6) ORS 469.752 to 469.756 do not limit the authority of a state agency conferred by any other provision of law, or affect any authority, including the authority of a municipality, to regulate utility service under existing law. [1991 c.487 �2; 1993 c.86 �2; 2023 c.442 �19]

�� Note: See note under 469.752.

�� 469.756 Rules; technical assistance; evaluations. The State Department of Energy in consultation with other state agencies and utilities shall adopt rules, guidelines and procedures that are necessary to establish savings for projects and to implement other provisions of ORS 469.752 to 469.756. The department may enter into agreements under ORS chapter 190 with state agencies to provide technical assistance in selecting appropriate projects and to evaluate and determine energy and cost savings. [1991 c.487 �3; 2023 c.442 �20]

�� Note: See note under 469.752.

DESIGNATED STATE AGENCY PROGRAMS FOR ENERGY EFFICIENCY IN BUILDINGS

�� 469.760 Legislative findings; state goals related to adoption and use of heat pump technologies. (1) The Legislative Assembly finds that:

�� (a) Energy consumption in residential and commercial buildings accounted for 34 percent of annual greenhouse gas emissions in this state in 2021, according to the Department of Environmental Quality;

�� (b) Space and water heating account for 64 percent of an average residential building�s energy use;

�� (c) Heat pumps provide both heating and cooling benefits that keep people safe during extreme weather events that are becoming more frequent and more intense as a consequence of climate change;

�� (d) Electric heat pumps can provide up to three times more heat energy than the electrical energy the heat pumps consume, which makes heat pumps the most energy efficient space heating option available in the market;

�� (e) Upgrading space and water heating appliances with contemporary heat pump technologies can help people to save money on household energy bills;

�� (f) Existing and forthcoming state and federal incentive programs will assist in energy efficiency improvements in homes and buildings, including adoption of energy efficient heating and cooling appliances;

�� (g) Many residents of this state suffer from disproportionately high energy burdens, and environmental justice communities face greater barriers to purchasing and installing heat pumps and other energy efficient appliances; and

�� (h) Additional support and innovative solutions are necessary to ensure that all households in this state benefit from energy efficient appliances and heating and cooling upgrades.

�� (2) The Legislative Assembly declares as goals for this state:

�� (a) That owners, operators or residents of residential or commercial buildings in this state install and use at least 500,000 new heat pumps by 2030;

�� (b) That the state provide programs and support for accelerating purchases and installations of heat pump technologies to help meet the state�s greenhouse gas emissions reduction goals;

�� (c) That the programs and support described in paragraph (b) of this subsection should prioritize environmental justice communities and individuals who reside in houses and structures that do not have a functioning, adequate or affordable heating or cooling system;

�� (d) That the state evaluate the adoption and use of heat pump technologies regularly to determine whether the rate of adoption and use will enable the state to meet greenhouse gas emissions reduction goals; and

�� (e) That the agencies of the executive branch of state government lead by example by acquiring, installing and using heat pump technologies. [2023 c.442 �1]

�� Note: 469.760 to 469.772 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.763 Definitions related to designated state agency programs. (1) As used in this section and ORS 469.766 and 469.769:

�� (a) �Designated state agency program� means a program related to the promotion, implementation, incentivization or regulation of energy efficiency in buildings carried out by any of the following state agencies, as determined by the agency by rule or other action:

�� (A) The State Department of Energy;

�� (B) The Housing and Community Services Department;

�� (C) The Public Utility Commission;

�� (D) The Department of Environmental Quality;

�� (E) The Oregon Health Authority; and

�� (F) The Department of Consumer and Business Services.

�� (b) �Greenhouse gas emissions reduction goals� means policies and goals for reducing greenhouse gas emissions in this state to achieve, at a minimum, emissions reductions consistent with the greenhouse gas emissions reduction goals specified in ORS

ORS 279.835

279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the Oregon Utility Notification Center.

�� (4) Notwithstanding subsection (2)(b) of this section, the board of directors shall not establish rates or other charges that require payments from any subscriber who receives fewer than 50 telephone calls in the calendar year or that result in annual payments of more than $500 for any of the following subscribers:

�� (a) Cities with a population under 15,000;

�� (b) Telecommunications utilities serving fewer than 50,000 access lines and regulated by the Public Utility Commission under ORS chapter 759;

�� (c) Cable system operators serving fewer than 15,000 customers;

�� (d) Utilities, special districts, people�s utility districts or authorities providing electricity, water or sanitary sewer service to fewer than 15,000 residential customers; and

�� (e) Telecommunications cooperatives. [1995 c.691 �3; 1999 c.451 �3; 2001 c.104 �293; 2003 c.794 �329; 2012 c.107 �69]

�� Note: See note under 757.542.

�� 757.555 [Amended by 1971 c.655 �49; renumbered 756.555]

�� 757.556 [1987 c.599 �5; repealed by 1995 c.691 �8]

�� 757.557 Underground utility facility operators required to subscribe to center; liability for damage from excavation for nonsubscribers; exemption. (1) Every operator of underground facilities shall subscribe to the Oregon Utility Notification Center.

�� (2) Any person intending to excavate shall notify the Oregon Utility Notification Center at least two but not more than 10 business days before commencing an excavation. The board of directors shall, by rule, provide an exception to the requirement of advance notice for excavators in cases that involve an immediate danger to life or property, or a customer service outage. The board may adopt additional exceptions as the board, in its discretion, determines necessary.

�� (3) Nonsubscribing operators of underground facilities shall be responsible to all injured parties for all costs associated with damages to such facilities, loss of product or service or damages that occur as a result of excavation where the facilities damaged are under the control of the nonsubscribing operator and proper notice was given to the Oregon Utility Notification Center.

�� (4) The provisions of this section shall not apply to operators of underground facilities that are located entirely on private property and that provide services exclusively for the use of residents or owners of the property. [1995 c.691 �4; 2001 c.104 �294]

�� Note: See note under 757.542.

�� 757.560 [Repealed by 1971 c.655 �250]

�� 757.561 [1987 c.599 �4; repealed by 1995 c.691 �8]

�� 757.562 Report to Legislative Assembly of center activities; contracts to carry out duties. (1) The board of directors shall file with the Legislative Assembly and the Governor, not later than April 15 of each year, a report covering the activities and operations of the Oregon Utility Notification Center for the preceding calendar year according to the provisions of ORS 192.230 to 192.250.

�� (2) In carrying out the duties, functions and powers imposed by law on the Oregon Utility Notification Center, the board of directors may contract with any state agency or private party for the performance of such duties, functions and powers as the board considers appropriate. [1995 c.691 �5]

�� Note: See note under 757.542.

�� 757.565 [Repealed by 1971 c.655 �250]

�� 757.566 [1987 c.599 �6; repealed by 1995 c.691 �8]

�� 757.570 [Repealed by 1971 c.655 �250]

�� 757.571 [1987 c.599 ��7,8; repealed by 1995 c.691 �8]

�� 757.575 [Repealed by 1971 c.655 �250]

�� 757.580 [Repealed by 1971 c.655 �250]

�� 757.585 [Repealed by 1971 c.655 �250]

�� 757.590 [Amended by 1971 c.655 �48; renumbered 756.552]

�� 757.595 [Repealed by 1971 c.655 �250]

DIRECT ACCESS REGULATION

�� 757.600 Definitions for ORS 757.600 to 757.687. As used in ORS 757.600 to 757.687, unless the context requires otherwise:

�� (1) �Aggregate� means combining retail electricity consumers into a buying group for the purchase of electricity and related services.

�� (2) �Ancillary services� means services necessary or incidental to the transmission and delivery of electricity from generating facilities to retail electricity consumers, including but not limited to scheduling, load shaping, reactive power, voltage control and energy balancing services.

�� (3) �Commission� means the Public Utility Commission.

�� (4) �Consumer-owned utility� means a municipal electric utility, a people�s utility district or an electric cooperative.

�� (5) �Default supplier� means an electricity service supplier or electric company that has a legal obligation to provide electricity services to a consumer, as determined by the commission.

�� (6) �Direct access� means the ability of a retail electricity consumer to purchase electricity and certain ancillary services, as determined by the commission for an electric company or the governing body of a consumer-owned utility, directly from an entity other than the distribution utility.

�� (7) �Direct service industrial consumer� means an end user of electricity that obtains electricity directly from the transmission grid and not through a distribution utility.

�� (8) �Distribution� means the delivery of electricity to retail electricity consumers through a distribution system consisting of local area power poles, transformers, conductors, meters, substations and other equipment.

�� (9) �Distribution utility� means an electric utility that owns and operates a distribution system connecting the transmission grid to the retail electricity consumer.

�� (10) �Economic utility investment� means all electric company investments, including plants and equipment and contractual or other legal obligations, properly dedicated to generation or conservation, that were prudent at the time the obligations were assumed but the full benefits of which are no longer available to consumers as a direct result of ORS 757.600 to 757.667, absent transition credits. �Economic utility investment� does not include costs or expenses disallowed by the commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties authorized and imposed under state or federal law.

�� (11) �Electric company� means an entity engaged in the business of distributing electricity to retail electricity consumers in this state, but does not include a consumer-owned utility.

�� (12) �Electric cooperative� means an electric cooperative corporation organized under ORS chapter 62 or under the laws of another state if the service territory of the electric cooperative includes a portion of this state.

�� (13) �Electric utility� means an electric company or consumer-owned utility that is engaged in the business of distributing electricity to retail electricity consumers in this state.

�� (14) �Electricity� means electric energy, measured in kilowatt-hours, or electric capacity, measured in kilowatts, or both.

�� (15) �Electricity services� means electricity distribution, transmission, generation or generation-related services.

�� (16) �Electricity service supplier� means a person or entity that offers to sell electricity services available pursuant to direct access to more than one retail electricity consumer. �Electricity service supplier� does not include an electric utility selling electricity to retail electricity consumers in its own service territory.

�� (17) �Governing body� means the board of directors or the commissioners of an electric cooperative or people�s utility district, or the council or board of a city with respect to a municipal electric utility.

�� (18) �Load� means the amount of electricity delivered to or required by a retail electricity consumer at a specific point of delivery.

�� (19) �Low-income weatherization� means repairs, weatherization and installation of energy efficient appliances and fixtures for low-income residences for the purpose of enhancing energy efficiency.

�� (20) �Municipal electric utility� means an electric distribution utility owned and operated by or on behalf of a city.

�� (21) �New renewable energy resource� means a renewable energy resource project, or a new addition to an existing renewable energy resource project, or the electricity produced by the project, that is not in operation on July 23, 1999. �New renewable energy resource� does not include any portion of a renewable energy resource project under contract to the Bonneville Power Administration on or before July 23, 1999.

�� (22) �One average megawatt� means 8,760,000 kilowatt-hours of electricity per year.

�� (23) �People�s utility district� has the meaning given that term in ORS 261.010.

�� (24) �Portfolio access� means the ability of a retail electricity consumer to choose from a set of product and pricing options for electricity determined by the governing board of a consumer-owned utility and may include product and pricing options offered by the utility or by an electricity service supplier.

�� (25) �Power generation company� means a company engaged in the production and sale of electricity to wholesale customers, including but not limited to independent power producers, affiliated generation companies, municipal and state authorities, provided the company is not regulated by the commission.

�� (26) �Qualifying expenditures� means those expenditures for energy conservation measures that have a simple payback period of not less than one year and not more than 10 years, and expenditures for the above-market costs of new renewable energy resources, provided that the State Department of Energy by rule may establish a limit on the maximum above-market cost for renewable energy that is allowed as a credit.

�� (27) �Renewable energy resources� means:

�� (a) Electricity generation facilities fueled by wind, waste, solar or geothermal power or by low-emission nontoxic biomass based on solid organic fuels from wood, forest and field residues.

�� (b) Dedicated energy crops available on a renewable basis.

�� (c) Landfill gas and digester gas.

�� (d) Hydroelectric facilities located outside protected areas as defined by federal law in effect on July 23, 1999.

�� (28) �Residential electricity consumer� means an electricity consumer who resides at a dwelling primarily used for residential purposes. �Residential electricity consumer� does not include retail electricity consumers in a dwelling typically used for residency periods of less than 30 days, including hotels, motels, camps, lodges and clubs. As used in this subsection, �dwelling� includes but is not limited to single family dwellings, separately metered apartments, adult foster homes, manufactured dwellings, recreational vehicles and floating homes.

�� (29) �Retail electricity consumer� means the end user of electricity for specific purposes such as heating, lighting or operating equipment, and includes all end users of electricity served through the distribution system of an electric utility on or after July 23, 1999, whether or not each end user purchases the electricity from the electric utility.

�� (30) �Site� means a single contiguous area of land containing buildings or other structures that are separated by not more than 1,000 feet, or buildings and related structures that are interconnected by facilities owned by a single retail electricity consumer and that are served through a single electric meter.

�� (31) �Transition charge� means a charge or fee that recovers all or a portion of an uneconomic utility investment.

�� (32) �Transition credit� means a credit that returns to consumers all or a portion of the benefits from an economic utility investment.

�� (33) �Transmission facility� means the plant and equipment used to transmit electricity in interstate commerce.

�� (34) �Undue market power� means the unfair or improper exercise of influence to increase or decrease the availability or price of a service or product in a manner inconsistent with competitive markets.

�� (35) �Uneconomic utility investment� means all electric company investments, including plants and equipment and contractual or other legal obligations, properly dedicated to generation, conservation and workforce commitments, that were prudent at the time the obligations were assumed but the full costs of which are no longer recoverable as a direct result of ORS 757.600 to 757.667, absent transition charges. �Uneconomic utility investment� does not include costs or expenses disallowed by the commission in a prudence review or other proceeding, to the extent of such disallowance, and does not include fines or penalties as authorized by state or federal law. [1999 c.865 �1; 2001 c.134 �8; 2003 c.186 �75]

�� 757.601 Implementation dates for direct access and portfolio of rate options; exemption for certain small electric companies. (1) All retail electricity consumers of an electric company, other than residential electricity consumers, shall be allowed direct access beginning on March 1, 2002. Retail electricity consumers shall not be allowed direct access before that date.

�� (2) Residential electricity consumers shall be allowed to purchase electricity from among a portfolio of rate options as described in ORS 757.603 not later than March 1, 2002.

�� (3) ORS 757.600 to 757.691 do not apply to an electric company providing electricity services to fewer than 25,000 consumers in this state unless the electric company offers direct access to any of its retail electricity consumers in this state or offers to sell electricity services available under direct access to more than one retail electricity consumer of another electric utility. [1999 c.865 �2; 2001 c.819 �1; 2003 c.14 �454]

�� Note: 757.601 was added to and made a part of ORS chapter 757 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 757.603 Electric company required to provide cost-of-service rate option to all retail electricity consumers; waiver; portfolio of rate options for residential consumers. (1) Except as provided in this section, an electric company shall provide all retail electricity consumers that are connected to the electric company�s distribution system with a regulated, cost-of-service rate option.

�� (2)(a) The Public Utility Commission by order may waive the requirement in subsection (1) of this section for any retail electricity consumer other than residential electricity consumers and small commercial electricity consumers.

�� (b) Prior to ordering a waiver under this subsection, the commission may conduct such studies as the commission deems necessary and shall provide notice and opportunity for public comment and hearings regarding the proposed waiver.

�� (c) The commission may order a waiver under this subsection if the commission finds, based on the evidentiary record developed through the conducted studies, public comment and hearings, that a market exists in which retail electricity consumers subject to the waiver are able to:

�� (A) Purchase supplies of electricity adequate to meet the needs of the retail electricity consumers;

�� (B) Obtain multiple offers for electricity supplies within a reasonable period of time;

�� (C) Obtain reliable supplies of electricity; and

�� (D) Purchase electricity at prices that are not unduly volatile and that are just and reasonable.

�� (3) Each electric company shall provide each retail electricity consumer that is connected to its distribution system and whose electricity demand at any point of delivery is less than 30 kilowatts a portfolio of rate options. The portfolio of rate options shall include at least the following options:

�� (a) A rate that reflects significant new renewable energy resources;

�� (b) A market-based rate; and

�� (c) If the commission finds, through public comment and hearing or through market research conducted by the electric company, that demand is sufficient to justify the rate, a rate option for electricity associated with a specific renewable energy resource, including solar photovoltaic energy.

�� (4) The commission shall regulate the cost-of-service rate option under subsection (1) of this section and the portfolio of rate options under this section. The commission:

�� (a) Shall reasonably ensure that the costs, risks and benefits of serving each option are reflected in the rates for each option, and such rates may include a monthly flat rate or charge in addition to usage.

�� (b) May prohibit or otherwise limit the use of a cost-of-service rate by retail electricity consumers who have been served through direct access.

�� (c) May limit switching among the portfolio of rate options and the cost-of-service rate.

�� (5)(a) As used in this subsection, �government� means a city, county, irrigation district, ditch improvement district, water control district, or government of a federally recognized Indian tribe in Oregon.

�� (b) An electric company may file, as part of a portfolio of rate options required under this section and if agreed to in coordination with one or more governments to meet adopted renewable and nonemitting energy goals, a program of rates or charges that reflect the cost of an electric company program to serve retail electricity consumers within the boundaries of those governments with electricity:

�� (A) Derived from new or existing renewable energy resources or nonemitting energy resources, including supply and demand-side resources; or

�� (B) Paired with unbundled renewable energy certificates, as defined in ORS 469A.005, from new or existing renewable energy resources.

�� (c) The commission may approve a rate or charge under this subsection if:

�� (A) The government attests that the coordination required under paragraph (b) of this subsection occurred and the electric company includes the attestation in the filing for a program of rates or charges;

�� (B) The government enacts or adopts an ordinance, charter provision, resolution or other regulation requiring that retail electricity consumers within the boundaries of the government must, as determined during the coordination required by paragraph (b) of this subsection and conducted in accordance with this paragraph, be served with renewable energy resources or nonemitting energy resources, including at the option of the government, resources such as:

�� (i) Energy from community-based resources, including solar photovoltaic, storage, microgrids, irrigation district-owned projects, in-pipe hydroelectric, or micro-hydroelectric, that provide community cobenefits, such as:

�� (I) Community stability;

�� (II) Community reinvestment;

�� (III) Ownership by a nonprofit organization or renewable energy cooperative that represents an environmental justice community;

�� (IV) Ownership by the government;

�� (V) Disaster resiliency;

�� (VI) Water savings;

�� (VII) Species protection;

�� (VIII) Direct cost savings to customers; or

�� (IX) Local economic development and jobs; and

�� (ii) Renewable and nonemitting energy resources acquired through government specified procurement criteria which may include goals for local or diverse ownership;

�� (C) The ordinance, charter provision, resolution or other regulation specifies that:

�� (i) All eligible retail electricity consumers served within the boundaries of the government are placed on the rate schedule by the electric company, upon commission approval, but have an opportunity to decline to be served by the rate option; and

�� (ii) Retail electricity consumers within the boundaries of the government that are connected to the distribution system and whose electricity demand at any point of delivery is greater than 30 kilowatts may choose to be placed on the rate schedule, if the electric company determines that electricity demand at the consumer�s point of delivery is greater than 30 kilowatts because of additional demand resulting from electrification of transportation or other services, including electric vehicle charging stations, after September 25, 2021;

�� (D) The ordinance, charter provision, resolution or other regulation includes protections, such as subsidies or bill payment assistance, for low-income retail electricity consumers affected by the rates or charges and provides that these protections are paid for solely by retail electricity consumers within the boundaries of the government;

�� (E) The electric company has included in the program provisions to minimize the shifting of costs from retail electricity consumers to other customers who do not participate;

�� (F) The ordinance, charter provision, resolution or other regulation sets forth the duration of the program; and

�� (G) The electric company utilizes commission-approved procurement processes, to the extent those processes apply, and the procurement criteria agreed to with the government in subparagraph (B)(ii) of this paragraph.

�� (d) After the electric company receives approval to serve retail electricity consumers within the boundaries of the government according to the program of rates or charges adopted pursuant to this subsection, the electric company must:

�� (A) Prior to commencing the program, receive acknowledgement from the government to proceed with the program as approved by the commission and, if the government declines to proceed, shall file to suspend the rates and charges under the program;

�� (B) Include information on its monthly bills to participating retail electricity consumers identifying the program�s cost;

�� (C) Provide notice to participating retail electricity consumers of any change in rate for participation in the program; and

�� (D) Provide an annual report to the commission and participating governments summarizing the program activities in the prior calendar year.

�� (e) The commission shall allow the electric company, for purposes of the new or existing renewable energy resources or nonemitting energy resources that serve the program of rates or charges adopted pursuant to this subsection:

�� (A) To own the facilities or use power purchase agreements.

�� (B) To recover part or all of the costs associated with the resources that serve the program, including costs associated with resources described in subparagraph (A) of this paragraph, from all retail electricity consumers not served by an electricity service supplier, if:

�� (i) The electric company can demonstrate that above-market or incremental costs of those resources have been paid for by program participants;

�� (ii) An integrated resource plan conducted by the electric company shows an energy or capacity need and the company demonstrates that such resources are capable of meeting that need, in whole or in part;

�� (iii) The electric company will use the resources to meet a renewable portfolio standard imposed by ORS 469A.052;

�� (iv) The resources help the electric company comply with ORS 469A.410; or

�� (v) All customers will otherwise benefit from inclusion of the costs in rates collected from all customers.

�� (C) To collect moneys from participating retail electricity consumers in excess of the cost of service and defer revenues or costs associated with the program for the purposes of making future investments in resources or renewable energy certificates to serve program participants and for the purposes of protecting nonparticipating retail electricity consumers should the government end its participation in the program.

�� (D) To recover the costs associated with the resources that serve the program, including costs associated with resources described in subparagraph (A) of this paragraph, from retail electricity consumers within the boundaries of the government other than those served by electricity service suppliers, if the government ends its participation in the program and the costs are not otherwise recoverable under subparagraph (B) of this paragraph.

�� (6) Nothing in subsection (3) of this section prohibits an electric company from providing retail electricity consumers that are connected to its distribution system and whose electricity demand at any point of delivery is greater than 30 kilowatts a portfolio of rate options.

�� (7) Notwithstanding the exemption to ORS 757.600 to 757.691 provided by ORS 757.601 (3), an electric company serving fewer than 25,000 customers in this state may propose a program for approval by the commission if the program meets the criteria specified in this section. [1999 c.865 �4; 2001 c.819 �2; 2015 c.556 �1; 2021 c.508 �20]

�� 757.605 [1961 c.691 �2; 1971 c.655 �97; renumbered 758.400]

�� 757.606 [Formerly 758.040; renumbered

ORS 291.658

291.658; 1981 c.106 �18; 1993 c.500 �40a; 2003 c.449 �36; 2003 c.794 �230; 2023 c.281 ��49,84]

�� 283.120 State agency service unit; rules. Subject to rules that the Oregon Department of Administrative Services prescribes, or that the State Chief Information Officer prescribes for information technology and telecommunications, any state agency may establish a service unit within the agency to furnish to other units of the agency the services, facilities and materials that the agency establishes the service unit to provide. The state agency shall charge the service unit�s expenses to the units served and, except as provided in ORS 283.076 (3), the amounts the state agency charges must be credited to the miscellaneous receipts account established pursuant to ORS 279A.290. The moneys in the account are appropriated continuously for expenditure by the state agency subject to the allotment system provided by ORS 291.234 to 291.260. [Formerly 291.670; 1981 c.106 �19; 1993 c.500 �40b; 2003 c.794 �231; 2015 c.807 �25]

�� 283.130 �Agency� defined for ORS 283.140 and 283.143. As used in ORS 283.140 and 283.143, �state agency� or �agency� includes the Legislative Assembly, at the option of the Legislative Assembly, or any statutory, standing, special or interim committees of the Legislative Assembly, at the option of the committee. [Formerly 291.659; 2009 c.601 �2]

�� 283.140 Telephone and telecommunications, mail, shuttle bus and messenger services; recovery of costs; rules. (1) The State Chief Information Officer shall exercise budgetary management, supervision and control over all telephone and telecommunications service for all state agencies in a manner that is consistent with plans, standards, policies, goals, directives and rules that the State Chief Information Officer sets, specifies or adopts. The Oregon Department of Administrative Services may operate central mail, shuttle bus or messenger services for state agencies located in Salem, Portland or other cities, if doing so is economical. The State Chief Information Officer may charge the cost of maintaining and operating any central telephone exchange, switching system, network service and facility, intercity or intracity network trunk or line or switchboard to the state agencies that the State Chief Information Officer serves. The department shall charge the cost of providing mail, shuttle bus and messenger services to the state agencies that the department serves. The state agencies shall pay the costs to the State Chief Information Officer or the department, as appropriate, in the same manner in which the state agencies pay other claims. The State Chief Information Officer shall deposit all moneys that the State Chief Information Officer receives from state agencies for services under this section into the State Information Technology Operating Fund.

�� (2) If the department operates central mail service, the department shall:

�� (a) Approve or disapprove all state agency mail equipment or mail service acquisitions.

�� (b) Report biennially to the Director of the Oregon Department of Administrative Services on opportunities for savings through state agency mail room centralization, consolidation and automation and through mail route coordination.

�� (c) Adopt rules under which persons associated with government either temporarily or otherwise, including but not limited to unsalaried volunteers, part-time employees, contractors with the state and employees of contractors, political subdivisions and the federal government may use shuttle bus services.

�� (3) As used in this section, �telecommunications� means media that communicate voice, data, text, images or video over a distance using electrical, electronic or light wave transmission media. [Formerly 291.660; 1971 c.110 �1; 1977 c.92 �1; 1993 c.724 �15; 1995 c.452 �15; 2015 c.807 �26]

�� 283.143 Surcharge for telecommunications services; purpose; exempt agencies. (1) To encourage utilization of statewide integrated videoconferencing and statewide online access services, the State Chief Information Officer may, in addition to any other charge or assessment for providing telecommunications services to state agencies, impose upon each state agency and public corporation a surcharge, in an amount the State Chief Information Officer establishes. The State Chief Information Officer shall deposit all surcharge moneys into the State Information Technology Operating Fund. The State Chief Information Officer may expend moneys in the fund for state agency and public corporation telecommunication and videoconferencing activities, under such terms and conditions as the State Chief Information Officer may prescribe and in a manner that is consistent with plans, standards, policies, goals, directives and rules that the State Chief Information Officer sets, specifies or adopts.

�� (2) Notwithstanding subsection (1) of this section, the State Chief Information Officer may not impose the surcharge established by this section on the Oregon Health and Science University. The State Chief Information Officer shall enter into an agreement with the Oregon Health and Science University on the amount that the Oregon Health and Science University must pay to the State Chief Information Officer in lieu of the surcharge provided for in this section. [1997 c.596 �2; 2009 c.762 �52; 2015 c.767 �84; 2015 c.807 �27a]

�� 283.150 [Formerly 291.662; 2003 c.794 �232; repealed by 2009 c.601 �6]

�� 283.160 [Formerly 291.664; repealed by 2009 c.601 �6]

�� 283.170 Sale of steam heat to certain museums. The Oregon Department of Administrative Services may sell excess steam heat to a museum that is tax exempt under state and federal law where the steam can be delivered to the museum property without significant impact on the state steam heating system. The proceeds of the sale may be used to meet costs of the system without specific appropriation thereof. [1979 c.712 �1]

�� Note: 283.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 283 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 283.190 [1985 c.88 �4; 1987 c.73 �4; renumbered 283.524 in 2001]

�� 283.210 [Formerly 291.652; renumbered

ORS 305.690

305.690 to 305.753. Moneys in the fund are continuously appropriated to the Oregon Military Department for the purposes of funding hardship grants and loans described in ORS 396.362. Interest earned by the fund shall be credited to the fund. [2005 c.836 �10; 2021 c.8 �12]

�� Note: See note under 396.362.

�� 396.366 [2009 c.870 �1; repealed by 2013 c.722 �6]

�� 396.370 [2005 c.831 �11; 2012 c.106 �11; 2013 c.236 �4; repealed by 2013 c.722 �6]

�� 396.375 Report to legislature on military cultural barriers. On or before October 1 of each even-numbered year, the Oregon Military Department shall report to a legislative committee dealing with the military on the existing military cultural barriers that discourage service members from identifying their medical, emotional, psychological and other barriers to reintegration into civilian life. [2011 c.128 �1]

�� Note: 396.375 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ARMORIES, CAMPS AND OTHER PROPERTY

�� 396.505 Definition of �armory� for ORS 396.505 to 396.545. As used in ORS 396.505 to 396.545, �armory� means any building, together with the grounds upon which it is situated, used for the storage and maintenance of military property or the training of troops, and in addition real property acquired or held in contemplation of such use. [1961 c.454 �30; 2001 c.104 �138]

�� 396.510 Control of armories and camps; care of property. (1) The military department shall have control of armories and shall prescribe the regulations governing the same. All state and United States property must, as far as possible, be kept in them, and the commanders of troops using the armories will be held responsible for the safekeeping and proper care of such property and its protection against damage, misappropriation or loss. Armories, while occupied by troops, shall be considered military posts under the exclusive jurisdiction of the officer commanding the post.

�� (2) The military reservations known as Camp Rilea, purchased for the State of Oregon; Camp Withycombe, transferred to the state by the federal government; and any military reservations acquired in the future; and any property licensed or leased to the state by the federal government for military use, shall be under the control of the military department. [1961 c.454 �31]

�� 396.515 Sale, exchange or lease of military department property. (1) Subject to the restriction contained in subsection (4) of this section, the Oregon Military Department may sell, exchange or lease any military department real property that is found to have become unsuitable for military department purposes. The Adjutant General shall make a determination of the unsuitability of the property for military department purposes and the advisability or necessity of sale, exchange or lease of the property.

�� (2) Title to any real property sold or exchanged shall be given in the name of the State of Oregon, and the deed conveying the title shall be signed by the Adjutant General. Title to real property received in exchange of military department real property shall be taken in the name of the State of Oregon, and the control of the property shall be vested in the military department.

�� (3) Military department real property owned jointly by the State of Oregon and the United States, or military department real property subject to federal restrictions in conflict with ORS 396.505 to 396.545, shall, with appropriate federal authorization, be subject to the provisions of ORS 396.505 to 396.545.

�� (4) Prior to the sale of military department real property, the military department shall submit to the Legislative Assembly, or to the Emergency Board or the Joint Interim Committee on Ways and Means when the legislature is not in session, the proposed sale of military department real property, for approval. [1961 c.454 �32; 2003 c.28 �1; 2008 c.18 �9; 2012 c.107 �12]

�� 396.520 Applicability of laws governing sale, exchange or lease of military department property generally. The sale, exchange or lease of Oregon Military Department real property, as authorized in ORS 396.515, which the State of Oregon owns or in which it has an equitable interest or estate, shall be subject to the provisions of ORS 270.020 and 273.225 to 273.241. [1961 c.454 �33; 2003 c.28 �2]

�� 396.525 Military Department Construction Account; disposition of moneys received from sale of real property. (1) The Military Department Construction Account, separate and distinct from the General Fund, is established in the State Treasury. Moneys received by the State of Oregon in payment for military department real property sold shall be deposited in the Military Department Construction Account. All moneys in the account are appropriated continuously and shall be used by the military department for capital construction expenses.

�� (2) Interest received on deposits credited to the Military Department Construction Account shall accrue to and become part of the Military Department Construction Account. [1961 c.454 �34; 1973 c.297 �2; 1989 c.254 �1]

�� 396.530 Location of new armories; title to armories and grounds. Armories may be constructed in locations not already provided with armories or in which existing armories are inadequate, where one or more units of the organized militia, fully organized under this chapter and ORS chapters 398 and 399, may be located and where, in the judgment of the military department, it will be most convenient to the units, and where most needed. All title to the armory and grounds upon which it is situated shall vest in the State of Oregon. [1961 c.454 �35; 2011 c.87 �1]

�� 396.535 Acquisition of property for military use; payment for use of property. (1) The military department shall be a body corporate and shall have the powers of a corporation for the purpose of purchasing, leasing, renting or otherwise acquiring buildings or parts thereof, grounds, premises, offices, rooms, warehouses, garages, shops and storage areas for the use of the department or any unit of the organized militia. For such purpose the military department, subject to the review and supervision of the Oregon Department of Administrative Services as required by ORS 276.428 and 276.429, may make and execute contracts and agreements the legal form and sufficiency of which shall first be approved by the Attorney General.

�� (2) Costs and charges in connection with the acquisition and use of property under this section shall be paid from funds appropriated for the use of the military department and shall not be general obligations of the State of Oregon. [1961 c.454 �36]

�� 396.540 Use of armories. (1) Armories may be used by members and units of the organized militia in accordance with regulations issued pursuant to this chapter and ORS chapters 398 and 399.

�� (2) Armories may be used by any veterans� organizations and their auxiliaries located in the community where the armory is located, provided such use will not interfere with the use of the facilities by the organized militia or result in risk to federal or state property, and provided that the organization makes a written request therefor and pays for heat, lights, janitor service and other expense required by such use.

�� (3) Armories may be used by any federal, state, county or municipal bureau, agency or department or by the Armed Forces of the United States, including the Coast Guard, or by the reserve components thereof for their official business, provided that such use does not interfere with the members and units of the organized militia stationed in such armory, and provided that such use is approved by the officer in charge thereof and by military superiors as prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399.

�� (4) Armories may be rented for use by a person, firm, association or corporation, not specified elsewhere in this section, for such purposes and upon such terms as may be approved by the officer in charge of the armory and by military superiors as prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399 and provided that such use will not, and only so long as such use does not, interfere with the use of the armory by the members and units of the organized militia stationed therein.

�� (5) The Oregon National Guard Association described in ORS 399.460 may use an armory or other military facility at no cost, provided that the use is approved by the officer in charge and by military superiors as prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399.

�� (6) The Civil Air Patrol, chartered under 36 U.S.C. 40301, or any wing thereof, may use an armory or other military facility for their official business at no cost, provided that the use does not interfere with the members and units of the organized militia stationed in the armory or military facility, and provided that the use is approved by the officer in charge and by military superiors as prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399. [1961 c.454 �37; 1991 c.421 �1; 2003 c.28 �3; 2011 c.87 �2; 2025 c.136 �1]

�� 396.545 Leases and agreements for use of armories. (1) The person, firm, association or corporation applying for the rental of an armory or space within an armory shall execute and deliver a written agreement which shall include among its provisions its full name and address, the purpose for which such use is desired, the nature and manner of the intended use of such space, a reasonable rental to be paid for such use and the amounts to be paid for heating, lighting, janitorial and other services connected with such use. The terms and provisions of such agreement shall be governed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399, which regulations shall include provisions designed to prevent unfair competition with privately owned property and business.

�� (2) No agreement for use made under this section shall be effective until such agreement or lease has been approved and executed by the officer in charge of the armory and has been approved by military superiors as prescribed by military department regulations issued pursuant to this chapter and ORS chapters 398 and 399.

�� (3) No agreement or lease made under this section may be assigned in whole or in part nor may such space or any part thereof be sublet to or used by a person, firm, association or corporation not a party to such agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory.

�� (4) All moneys paid or given, directly or indirectly, for the use of an armory or to obtain an agreement or permission to use the armory shall be use fees within the meaning of this section and shall be paid to the officer in charge of the armory. Any person other than the officer in charge of the armory who receives any such moneys shall immediately pay over the moneys to the officer in charge of the armory, who shall immediately forward such moneys for deposit in the Military Department Miscellaneous Receipts Account in the State Treasury to be available for Oregon Military Department expenses.

�� (5) Notwithstanding any of the provisions of ORS 396.505 to 396.545, when use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any reserve officers training corps unit, the Adjutant General, in the discretion of the Adjutant General, may require the execution of a contract or agreement for such use, upon such terms and conditions as the Adjutant General may prescribe. [1961 c.454 �38; 1973 c.297 �3; 1989 c.360 �6]

�� 396.555 Oregon Military Museum established at Camp Withycombe. (1) The Oregon Military Museum is established at Camp Withycombe in Clackamas County. The Oregon Military Department shall establish an official repository in the museum for military weapons, documents and artifacts relating to the military history of the citizens of Oregon, whether service is in the Oregon National Guard or the Army, Navy, Air Force, Marine Corps, Coast Guard or Space Force of the United States.

�� (2) The department may enter into agreements with the contributors of such artifacts as it considers necessary. [1975 c.235 �2; 1989 c.360 �7; 2001 c.656 �1; 2025 c.453 �16]

�� 396.560 Grants and donations for Oregon Military Museum. The Oregon Military Department may seek, solicit, receive and administer monetary grants or donations for the support and improvement of the Oregon Military Museum established under ORS 396.555. Grants and donations so received are continuously appropriated to the Oregon Military Department for the purposes of this section and ORS 396.565. [1977 c.118 �2; 1989 c.360 �8; 2001 c.656 �2]

�� 396.565 Disposal of property. The Oregon Military Department may donate, exchange or otherwise dispose of property not required for the current or anticipated needs of the Oregon Military Museum. Disposal shall be made in a manner appropriate to the historic or intrinsic value of the property and shall be performed to engender goodwill and to improve the museum. [1977 c.118 �3; 1989 c.360 �9; 2001 c.656 �3]

MISCELLANEOUS

�� 396.595 Military Family Appreciation Day. May 8 of each year shall be known as Military Family Appreciation Day. [2009 c.84 �1]

�� Note: 396.595 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 396.600 [2011 c.727 �1; repealed by 2017 c.532 �19]

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.

�� (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. [1975 c.782 �39]

�� 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 308.505

308.505 to 308.674 are exempt from state and local property taxes and fees, charges and assessments related to property taxation if the permanent improvements:

�� (A) Are located on land that is:

�� (i) Owned by the United States and held in trust pursuant to federal law for a federally recognized Indian tribe in Oregon; and

�� (ii) Within Jefferson County or Wasco County;

�� (B) Consist of solar energy systems for the purpose of heating, cooling or generating electricity; and

�� (C) Are subject to a property tax program imposed by the tribe.

�� (d) Upon request, and pursuant to an intergovernmental agreement between the tribe and the governing body of any county in which a portion of the permanent improvements is located, the county assessor shall provide such information as is necessary for the tribe to assess, impose and collect the tribal property taxes on the permanent improvements described in paragraph (c) of this subsection.

�� (e) Property granted exemption under paragraph (c) of this subsection is not centrally assessed for purposes of ORS 307.330.

�� (f) ORS 315.037 does not apply to the exemption granted under paragraph (c) of this subsection.

�� (3)(a) Notwithstanding subsection (1) of this section, property that is owned exclusively by an eligible Indian tribe or by an entity wholly owned by an eligible Indian tribe, or a portion of the property, is exempt from taxation if the property, or the portion of the property, respectively, is used exclusively for government services.

�� (b) Property described in paragraph (a) of this subsection that may be exempt from taxation as property used exclusively for low income rental housing includes, without limitation, property that:

�� (A) Is held under lease or a lease purchase agreement by an eligible Indian tribe;

�� (B)(i) Is the property of a partnership, nonprofit corporation or limited liability company of which an eligible Indian tribe is a general partner, limited partner, director, member, manager or general manager; and

�� (ii) Is leased or rented to low income persons for housing purposes; or

�� (C) Is used exclusively for an activity that qualifies as an affordable housing activity under 25 U.S.C. 4132.

�� (c) Property described in paragraph (a) of this subsection may not be exempt from taxation as property that is used exclusively for low income rental housing unless:

�� (A) All agreements necessary for the construction and operation of the property as low income rental housing are executed before July 1, 2017;

�� (B) For purposes of ORS 307.540 to 307.548, the requirements of ORS 307.543 have been satisfied;

�� (C) The property is offered for rent or is held for the purpose of developing low income rental housing;

�� (D) If occupied, the property is occupied solely by low income persons; and

�� (E) The property is located in a county in which more than 10 percent of the enrolled members of the eligible Indian tribe reside.

�� (4) As used in this section:

�� (a) �Eligible Indian tribe� means the Burns Paiute Tribe, the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, the Confederated Tribes of the Grand Ronde Community of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of Warm Springs Reservation of Oregon, the Coquille Indian Tribe, the Cow Creek Band of Umpqua Tribe of Indians or the Klamath Tribes.

�� (b) �Government services� means services provided by an eligible Indian tribe that:

�� (A) Are equivalent to services that a state or local government or the federal government customarily provides to its citizens;

�� (B) Are related to:

�� (i) Tribal administration;

�� (ii) Tribal facilities or tribal health facilities;

�� (iii) Elementary or secondary education or higher education, including community colleges;

�� (iv) Transportation;

�� (v) Fire or police;

�� (vi) Low income rental housing;

�� (vii) Utility services provided to an Indian reservation or to land held in trust by the United States for the benefit of an eligible Indian tribe; or

�� (viii) Cemeteries; and

�� (C) Other than government services related to the uses of property described in subsection (3)(c) of this section, do not generate income.

�� (c) �Low income�:

�� (A) Means income at or below 60 percent of the area median income as determined by the Oregon Housing Stability Council based on information from the United States Department of Housing and Urban Development.

�� (B) For purposes of projects undertaken pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (P.L. 104-330), includes income that qualifies under 24 C.F.R. 5.609.

�� (d) �Permanent improvements� means �real property� as defined in ORS 307.010 (1)(b)(B).

�� (e) �Utility services� means services related to sanitation, sewer, storm drainage and water. [1993 c.266 �2; 1995 c.748 �3; 2001 c.753 �29; 2009 c.453 �1; 2012 c.42 ��1,5; 2015 c.65 ��1,2; 2015 c.180 ��42,43; 2024 c.52 �26a]

�� Note: Section 4, chapter 42, Oregon Laws 2012, provides:

�� Sec. 4. (1) On or before January 1 of each year, an eligible Indian tribe as defined in ORS 307.181 that is granted tax exemption for property, or a portion of property, used exclusively for low income rental housing under ORS 307.181 (3) shall submit a report to the Commission on Indian Services.

�� (2) The report required under subsection (1) of this section must include:

�� (a) For each property, or portion of property, the value of the property tax exemption granted under ORS 307.181 (3) for the current property tax year as provided to the tribe by the assessor of the county in which the property is located; and

�� (b) The percentage of the current occupants of each property who are members of an eligible Indian tribe as defined in ORS 307.181. [2012 c.42 �4]

(Recreation Facilities and Summer Homes on Federal Land)

�� 307.182 Federal land used by recreation facility operators under permit. Notwithstanding ORS 307.060, real property used and occupied by commercial recreation facility operators under permits issued pursuant to the Acts of June 4, 1897 (16 U.S.C. 551), and March 4, 1915 (16 U.S.C. 497), as amended, is exempt from ad valorem property taxation. This section does not apply to improvements on real property described in this section. [1981 c.405 �1; 2001 c.114 �12; 2013 c.343 �1]

�� Note: Section 4, chapter 405, Oregon Laws 1981, provides:

�� Sec. 4. ORS 307.182 applies to tax years beginning on or after July 1, 1981, and before July 1, 2030. [1981 c.405 �4; 1985 c.169 �1; 1995 c.748 �4; 2001 c.67 �4; 2001 c.114 �13; 2001 c.509 �8; 2013 c.343 �2; 2023 c.398 �4]

�� Note: 307.182 to 307.184 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 307 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 307.183 Summer homes on federal land occupied under permit. Notwithstanding ORS 307.060, there shall be exempt from property taxation real property of the United States used and occupied for summer homes under a permit issued pursuant to the Act of March 4, 1915, ch. 144 (16 U.S.C. 497), as amended, but improvements thereon are subject to taxation. [1975 c.649 �1]

�� Note: See second note under 307.182.

�� 307.184 Summer homes on federal land occupied under lease. Notwithstanding ORS 307.060, there shall be exempt from property taxation real property of the United States used and occupied for summer homes under a lease issued pursuant to the Act of June 1, 1938 (52 Stat. 609; 43 U.S.C. 682a), as amended, or Public Law 94-579, Title III, section 302, October 21, 1976, 90 Stat. 2762 (43 U.S.C. 1732), but improvements thereon are subject to taxation. [1979 c.422 �1]

�� Note: See second note under 307.182.

(Personal Property)

�� 307.190 Tangible personal property held for personal use; inapplicability to property required to be registered, floating homes, boathouses and manufactured structures. (1) All items of tangible personal property held by the owner, or for delivery by a vendor to the owner, for personal use, benefit or enjoyment, are exempt from taxation.

�� (2) The exemption provided in subsection (1) of this section does not apply to:

�� (a) Any tangible personal property held by the owner, wholly or partially for use or sale in the ordinary course of a trade or business, for the production of income, or solely for investment.

�� (b) Any tangible personal property required to be licensed or registered under the laws of this state.

�� (c) Floating homes or boathouses, as defined in ORS 830.700.

�� (d) Manufactured structures. [Amended by 1953 c.698 �7; 1969 c.648 �1; 1977 c.615 �2; 1985 c.614 �1; 1987 c.601 �5; 2003 c.655 �63; 2019 c.585 �21]

�� 307.193 [1969 c.605 �18; repealed by 1971 c.529 �37]

�� 307.195 Household furnishings owned by nonprofit organization furnishing housing for students attending institutions of higher education. All furniture, goods and furnishings owned by or situated in and used solely by a fraternity, sorority, student housing cooperative or student living organization is exempt from taxation if such fraternity, sorority, student housing cooperative or student living organization furnishes living quarters for students attending institutions of higher education and is not conducted for profit. [1957 c.631 �1]

�� 307.197 Equipment used for certain emergencies in navigable waters. Communications equipment, emergency response equipment and other tangible personal property is exempt from ad valorem property taxation if the equipment or property is:

�� (1) Acquired or used primarily for the purposes of responding to and maintaining the capability to respond to shipboard fires or oil spills in navigable waters;

�� (2) Owned by a nonprofit corporation organized under ORS chapter 65 that operates as a maritime fire and safety association; and

�� (3) Made available by the nonprofit corporation for use by a federal, state or local emergency response agency pursuant to a mutual aid compact. [2010 c.29 �3]

(Public Ways)

�� 307.200 Public ways. All lands within the boundary of any county road, and all dedicated streets and alleys in any incorporated or unincorporated city or town, or town plat, within this state, are exempt from assessment and taxation while used for such purposes.

(Mobile Home or Manufactured Dwelling Parks)

�� 307.203 Mobile home or manufactured dwelling parks financed by Housing and Community Services Department revenue bonds. Notwithstanding any other provision of law granting an exemption from property taxation, specific works or improvements to provide mobile home or manufactured dwelling parks as defined in ORS 446.003 that are financed from the proceeds of revenue bonds issued by the Housing and Community Services Department under ORS

ORS 31.735

31.735.

�� (4) As used in this section, �sports official� means a person who:

�� (a) Serves as a referee, umpire, linesman or judge or performs similar functions under a different title; and

�� (b) Is a member of, or registered by, a local, state, regional or national organization that engages in providing education and training in sports officiating. [1999 c.786 �1]

�� 30.890 Liability of food gleaners, donors and distributors. (1)(a) Notwithstanding any other provision of law, a gleaner or the good-faith donor of any food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization, including but not limited to a food bank, for distribution without charge or on a scale reflecting ability to pay or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness or intentional conduct of the donor or gleaner.

�� (b) The immunity from civil liability and criminal penalty provided by this section applies regardless of compliance with any laws, rules or ordinances regulating the packaging or labeling of food, and regardless of compliance with any laws, rules or ordinances regulating the storage or handling of the food by the donee after the donation of the food.

�� (2) Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization which in good faith receives food, apparently fit for human consumption, and while apparently fit for human consumption distributes it at no charge or on a fee scale reflecting ability to pay or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or civil damages resulting from the condition of the food unless an injury results from the gross negligence, recklessness or intentional conduct of the organization.

�� (3) This section applies to the good-faith donation of food not readily marketable due to appearance, freshness, grade, surplus or other considerations but does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.

�� (4) As used in this section:

�� (a) �Donor� includes any person who operates a restaurant or other food establishment licensed or regulated by law.

�� (b) �Food� means any food whether or not it may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition, including but not limited to fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables, and foods that have been packaged, canned, refrigerated, freeze-dried or frozen.

�� (c) �Food bank� means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional needs.

�� (d) �Gleaner� means a person that harvests for free distribution an agricultural crop that has been donated by the owner. [1979 c.265 �1; 1989 c.808 �1]

�� 30.892 Liability of donors and distributors of general merchandise and household items. (1) Notwithstanding any other provision of law, the good-faith donor of any general merchandise or household item, apparently fit for use to a bona fide charitable or nonprofit organization for distribution without charge or on a fee scale reflecting ability to pay, or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or civil damages arising from the condition of the general merchandise or household item, unless an injury is caused by the gross negligence, recklessness or intentional conduct of the donor.

�� (2) The immunity from civil liability and criminal penalty provided by this section applies regardless of compliance with any laws, rules or ordinances regulating the packaging or labeling of general merchandise or household items, and regardless of compliance with any laws, rules or ordinances regulating the storage or handling of the general merchandise or household items by the donee after the donation.

�� (3) Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization which in good faith receives general merchandise or household items, apparently fit for use, and while apparently still fit for use, distributes the merchandise or items at no charge or on a fee scale reflecting ability to pay or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or civil damages resulting from the condition of the general merchandise or household items, unless an injury results from the gross negligence, recklessness or intentional conduct of the organization.

�� (4) This section applies to the good-faith donation of general merchandise or household items not readily marketable due to appearance, grade, surplus or considerations other than safety but does not restrict the authority of any appropriate agency to regulate or ban the use of such general merchandise or household items. The immunity from civil liability and criminal penalty provided by this section shall not apply if the general merchandise or household item is resold by either the donee or any other person. This section does not affect the liability of a manufacturer for products that are subject to a current or future safety recall whether such recall is initiated by the manufacturer or at the request of the state or federal government, nor shall this section affect the liability of a manufacturer under ORS 30.900 to 30.920.

�� (5) As used in this section:

�� (a) �Donor� includes all of the following, without regard to who is the owner of the general merchandise or household item at the time of the donation:

�� (A) A general merchandiser;

�� (B) A retail establishment;

�� (C) A wholesaler; and

�� (D) A manufacturer.

�� (b) �General merchandise or household item� means any item sold as general merchandise for household use, including but not limited to items sold in the following categories: Toiletries, cosmetics, domestics, electronics, sporting goods, clothing, toys, small appliances, personal care appliances, housewares, household chemicals, hardware, paint, sundries, plumbing, garden supplies, automotive, school supplies, pet food, pet supplies, over-the-counter drugs or vitamins, or other items of merchandise commonly sold in a retail or general merchandising establishment. [1989 c.1012 �2]

�� 30.895 [1987 c.774 �11; renumbered 31.230 in 2003]

PRODUCT LIABILITY ACTIONS

�� 30.900 �Product liability civil action� defined. As used in ORS 30.900 to 30.920, �product liability civil action� means a civil action brought against a manufacturer, distributor, seller or lessor of a product for damages for personal injury, death or property damage arising out of:

�� (1) Any design, inspection, testing, manufacturing or other defect in a product;

�� (2) Any failure to warn regarding a product; or

�� (3) Any failure to properly instruct in the use of a product. [1977 c.843 �1]

�� 30.902 Products provided by health care providers and facilities. (1) A physician licensed pursuant to ORS chapter 677 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if:

�� (a) The physician provides the product to a patient as part of health care services; and

�� (b) The physician was not involved in the design or manufacture of the product.

�� (2)(a) Except as provided in paragraph (b) of this subsection, a health care facility as defined in ORS 442.015 or a hospital-affiliated clinic as defined in ORS 442.612 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if:

�� (A) The health care facility or hospital-affiliated clinic provides the product to a patient as part of health care services; and

�� (B) The health care facility or hospital-affiliated clinic was not involved in the design or manufacture of the product.

�� (b) This subsection does not apply to a product that a health care facility or hospital-affiliated clinic offers to the general public in a retail setting.

�� (3)(a) Except as provided in paragraph (b) of this subsection, a professional corporation or entity organized for the purpose of practicing medicine pursuant to ORS chapter 677 or rendering professional health care services pursuant to ORS 677.505 to

ORS 316.142

316.142 and 317.103)]

�� 317.104 [1979 c.512 �14; 1981 c.894 �13; 1989 c.765 �5; 1991 c.711 �7; repealed by 1993 c.730 �33 (315.354 enacted in lieu of 316.140 and 317.104)]

�� 317.105 [Repealed by 1983 c.162 �57]

�� 317.106 [1985 c.684 �14; 1989 c.765 �6; 1989 c.958 �11; repealed by 1993 c.730 �31 (315.324 enacted in lieu of 316.103 and 317.106)]

�� 317.110 [Amended by 1953 c.385 �9; 1973 c.233 �1; repealed by 1983 c.162 �57]

�� 317.111 Weatherization loan interest; commercial lending institutions. (1) A credit against taxes otherwise due under this chapter for the taxable year shall be allowed commercial lending institutions in an amount equal to the difference between:

�� (a) The maximum amount of interest allowed to be charged during the taxable year under section 6b, chapter 887, Oregon Laws 1977, for loans made before November 1, 1981, by the lending institution to space-heating customers for the purpose of financing weatherization services; and

�� (b) The amount of interest which would have been charged during the taxable year by the lending institution for such loans at an annual interest rate which is the lesser of the following:

�� (A) The average interest rate charged by the commercial lending institution for home improvement loans made during the calendar year immediately preceding the year in which the loans for weatherization services are made; or

�� (B) Twelve percent.

�� (2) Any tax credit otherwise allowable under this section which is not used by the taxpayer in a particular year may be carried forward and used in each of the 15 years following the unused tax credit year. However, the entire amount of the unused credit for an unused credit year shall be carried forward to the earliest of the 15 years to which it may be carried.

�� (3) No credit shall be allowed under this section for loans made on or after November 1, 1981. [Formerly 317.071; 1985 c.712 �1]

�� 317.112 Energy conservation loans to residential fuel oil customers or wood heating residents; rules. (1) A credit against taxes otherwise due under this chapter for the taxable year shall be allowed to a commercial lending institution in an amount equal to the difference between:

�� (a) The amount of finance charge charged during the taxable year including interest on the loan and interest on any loan fee financed at an annual rate of six and one-half percent, by the lending institution to a dwelling owner who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident for the purpose of financing energy conservation measures; and

�� (b) The amount of finance charge that would have been charged during the taxable year, including interest on the loan and interest on any loan fee financed by the lending institution for the loan for energy conservation measures at an annual rate that is the lesser of the following:

�� (A) The annual rate charged by the commercial lending institution for nonsubsidized loans made under like terms and conditions at the time the loan for energy conservation measures is made; or

�� (B) An upper limit established by rule by the Director of the State Department of Energy.

�� (2) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular year may be carried forward and offset against the taxpayer�s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise until the 15th succeeding tax year. The credit may not be carried forward beyond the 15th succeeding tax year.

�� (3) In order to be eligible for the tax credit allowed under subsection (1) of this section, the loan shall:

�� (a) Be made only to an owner of an oil-heated or wood-heated dwelling who presents the results of an energy audit pursuant to ORS 469.631 to 469.645, 469.649 to 469.659 or

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 316.744

316.744, 317.111, 317.386, 456.594 to 456.599 and 469.631 to 469.687;

�� (b) The dwelling owner first submits to the department written permission to inspect the installations to verify that installation of energy conservation measures has been made;

�� (c) The dwelling owner presents to the lending institution a copy of the energy audit together with certification that the dwelling in question receives space heating from fuel oil or wood and a copy of the written permission to inspect submitted to the department under paragraph (b) of this subsection; and

�� (d) The dwelling owner does not receive any other state incentives for that part of the cost of the energy conservation measures to be financed by the loan.

�� (2) Any dwelling owner applying for low-interest financing under ORS 469.710 to 469.720 who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may use without obtaining a new energy audit any assistance and technical advice obtained from an energy supplier before November 1, 1981, under chapter 887, Oregon Laws 1977, or from a public utility under chapter 889, Oregon Laws 1977, including an estimate of cost for installation of weatherization materials. [1981 c.894 ��25,26; 1987 c.749 �7; 1997 c.249 �167; 2003 c.46 �53]

(Public Buildings)

�� 469.730 Declaration of purpose. It is the purpose of ORS 469.730 to 469.745 to promote voluntary measures to conserve energy in public buildings or groups of buildings constructed prior to January 1, 1978, through the adoption of energy conservation standards. [1977 c.853 �1]

�� 469.735 Definitions for ORS 469.730 to 469.745. As used in ORS 469.730 to 469.745, 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) �Public building� means any publicly or privately owned building constructed prior to January 1, 1978, including the outdoor areas adjacent thereto, which:

�� (a) Is open to and frequented by the public; or

�� (b) Serves as a place of employment. [1977 c.853 �2; 1987 c.414 �154; 1993 c.744 �114]

�� 469.740 Rules establishing energy conservation standards for public buildings; bases. In accordance with ORS chapter 183 and 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 shall adopt rules establishing energy conservation standards for public buildings. The standards shall provide means of measuring and reducing total energy consumption and shall take into account:

�� (1) The climatic conditions of the areas in which particular buildings are located; and

�� (2) The three basic systems comprising any functioning building, which are:

�� (a) Energized systems such as those required for heating, cooling, lighting, ventilation, conveyance and business equipment operation.

�� (b) Nonenergized systems such as floors, ceilings, walls, roof and windows.

�� (c) Human systems such as maintenance, operating and management personnel, tenants and other users. [1977 c.853 �3; 1987 c.414 �154a; 1993 c.744 �115; 2009 c.567 �10]

�� 469.745 Voluntary compliance program. To provide the public with a guide for energy conservation, the Director of the State Department of Energy shall adopt a program for voluntary compliance by the public with the standard adopted by the Director of the Department of Consumer and Business Services under ORS 469.740. [1977 c.853 �4; 1987 c.414 �155]

�� 469.748 State agencies to conduct assessments of energy use and greenhouse gas emissions of state-owned buildings; planning targets in capital projects; state agency reporting. (1) As used in this section, �state agency� has the meaning given that term in ORS

ORS 319.330

319.330, if such person has:

�� (a) Purchased and used such fuel for the purpose of operating or propelling a stationary gas engine, a tractor or a motor boat, if the motor boat is used for commercial purposes at any time during the period for which the refund is claimed;

�� (b) Purchased and used such fuel for cleaning or dyeing or other commercial use, except when used in motor vehicles operated upon any highway;

�� (c) Purchased and exported such fuel from this state, in containers other than fuel supply tanks of motor vehicles, provided that the person:

�� (A) Exports the motor vehicle fuel from this state to another state, territory or country, not including a federally recognized Indian reservation located wholly or partially within the borders of this state, where the motor vehicle fuel is unloaded; and

�� (B) Has a valid motor vehicle fuel dealer�s license or its equivalent issued by the state, territory or country to which the fuel is exported and where it is unloaded;

�� (d) Purchased and exported such fuel in the fuel supply tank of a motor vehicle and has used such fuel to operate the vehicle upon the highways of another state, if the user has paid to the other state a similar motor vehicle fuel tax on the same fuel, or has paid any other highway use tax the rate for which is increased because such fuel was not purchased in, and the tax thereon paid, to such state; or

�� (e) Purchased and used such fuel for small engines that are not used to propel motor vehicles on highways, including but not limited to those that power lawn mowers, leaf blowers, chain saws and similar implements.

�� (2) When a motor vehicle with auxiliary equipment uses fuel and there is no auxiliary motor for such equipment or separate tank for such a motor, a refund may be claimed and allowed as provided by subsection (4) of this section, except as otherwise provided by this subsection, without the necessity of furnishing proof of the amount of fuel used in the operation of the auxiliary equipment. The person claiming the refund may present to the Department of Transportation a statement of the claim and be allowed a refund as follows:

�� (a) For fuel used in pumping aircraft fuel, motor vehicle fuel, fuel or heating oils or other petroleum products by a power take-off unit on a delivery truck, refund shall be allowed claimant for tax paid on fuel purchased at the rate of three-fourths of one gallon for each 1,000 gallons of petroleum products delivered.

�� (b) For fuel used in operating a power take-off unit on a cement mixer truck or on a garbage truck, claimant shall be allowed a refund of 25 percent of the tax paid on all fuel used in such a truck.

�� (3) When a person purchases and uses motor vehicle fuel in a vehicle equipped with a power take-off unit, a refund may be claimed for fuel used to operate the power take-off unit provided the vehicle is equipped with a metering device approved by the department and designed to operate only while the vehicle is stationary and the parking brake is engaged; the quantity of fuel measured by the metering device shall be presumed to be the quantity of fuel consumed by the operation of the power take-off unit.

�� (4) Before any such refund may be granted, the person claiming such refund must present to the department a statement, accompanied by the original invoices, or reasonable facsimiles approved by the department, showing such purchases; provided that in lieu of original invoices or facsimiles, refunds submitted under subsection (1)(d) of this section shall be accompanied by information showing source of the fuel used and evidence of payment of tax to the state in which the fuel was used. The statement shall be made over the signature of the claimant, and shall state the total amount of such fuel for which the claimant is entitled to be reimbursed under subsection (1) of this section. The department upon the presentation of the statement and invoices or facsimiles, or other required documents, shall cause to be repaid to the claimant from the taxes collected on motor vehicle fuel such taxes so paid by the claimant. [Amended by 1959 c.186 �3; 1963 c.257 �2; 1969 c.465 �1; 1971 c.163 �1; 1973 c.135 �1; 1985 c.152 �1; 1997 c.364 �1; 2001 c.820 �4; 2003 c.56 �2; 2013 c.781 �19; 2019 c.428 �5]

�� 319.290 Limitation on applications for refunds. Applications for refunds made under ORS 319.280,

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 401.755

401.755; 2015 c.247 �10; 2021 c.539 �62]

�� 403.132 Provision of location of cellular device to law enforcement agency; rules. (1) At the request of a law enforcement agency, a provider of communications service for cellular devices shall provide the call location information, or the best available location information, of a cellular device that is:

�� (a) Used to place an emergency call requesting emergency assistance from the law enforcement agency; or

�� (b) Reasonably believed to be in the possession of an individual that the law enforcement agency reasonably believes is in an emergency situation that involves the risk of death or serious physical harm to the individual.

�� (2) To facilitate requests for call location information, or the best available location information, from a law enforcement agency under this section:

�� (a) The Oregon Department of Emergency Management shall:

�� (A) Maintain a database containing emergency contact information for providers of communications service for cellular devices that are registered to do business in this state or that submit to the jurisdiction of this state; and

�� (B) Make the information immediately available upon request to a public safety answering point in this state.

�� (b) A provider that is registered to do business in this state, or that submits to the jurisdiction of this state, shall submit emergency contact information for the provider to the department.

�� (3) Emergency contact information submitted by a provider of communications service for cellular devices under this section must be submitted by June 15 of each year or immediately after a change in contact information.

�� (4) Notwithstanding the limitations of ORS 403.135 (3), a cause of action does not arise against a provider of communications service for cellular devices or the officers, employees or agents of the provider for providing call location information, or the best available location information, in good faith as required by this section.

�� (5) The department may adopt rules to implement this section.

�� (6) This section shall be known, and may be cited, as the Kelsey Smith Act. [2014 c.29 �2; 2015 c.247 �28; 2015 c.255 �1; 2021 c.539 �63]

�� 403.135 When blocking of information prohibited; confidential information; exemption from liability for supplying information to emergency service providers; when supplying information not required. (1) A provider may not block delivery or forwarding to a public safety answering point or a 9-8-8 coordinated crisis services system of location information, a call-back number or other identifying information related to an emergency call.

�� (2) Automatic number identifications received by public safety answering points or a 9-8-8 coordinated crisis services system are confidential and are not subject to public disclosure unless and until an official report is written by the public or private safety agency and that agency does not withhold the telephone number under ORS 192.311 to 192.478 or other state and federal laws. The official report of a public safety answering point or a 9-8-8 coordinated crisis services system may not include nonpublished or nonlisted telephone numbers. The official report of a public or private safety agency may not include nonpublished or nonlisted telephone numbers. Nonpublished or nonlisted telephone numbers are not otherwise subject to public disclosure without the permission of the subscriber.

�� (3) A provider is not subject to an action for civil damages for providing in good faith confidential or nonpublic information, including nonpublished and nonlisted subscriber information, to emergency and 9-8-8 services providers who are:

�� (a) Responding to an emergency call;

�� (b) Responding to emergency situations that involve the risk of death or serious physical harm to an individual, as provided in ORS 403.132; or

�� (c) Notifying the public of an emergency.

�� (4) Subsection (3) of this section does not compel a provider to provide nonpublished and nonlisted subscriber information directly to emergency or 9-8-8 services providers or law enforcement agencies prior to placement of an emergency call without process of law.

�� (5) Subscriber information acquired by a 9-1-1 jurisdiction or the 9-8-8 coordinated crisis services system for the purpose of providing emergency communications services under ORS 403.105 to 403.250 or coordinated crisis services under ORS 430.626 to 430.628 is not subject to public disclosure and may not be used by other public agencies except:

�� (a) To respond to an emergency call;

�� (b) To respond to an emergency situation that involves the risk of death or serious physical harm to an individual, as provided in ORS 403.132; or

�� (c) To notify the public of an emergency by utilizing an automated notification system if a provider has provided subscriber information to the 9-1-1 jurisdiction or emergency services provider. [Formerly 401.765; 2013 c.305 �2; 2014 c.29 �3; 2015 c.247 �11; 2021 c.617 �8; 2023 c.9 �26]

�� 403.137 Operation of multiline telephone system. (1) As used in this section, �workplace�:

�� (a) Includes hallways, lobbies, conference rooms, rest rooms, break rooms, elevators, laboratories, warehouse space and other areas of a building in which employees or volunteers perform work or that are accessible on a regular basis by employees, volunteers or members of the public; and

�� (b) Does not include wall thickness, shafts, heating or ventilation spaces, mechanical or electrical spaces or other areas not accessible on a regular basis by employees, volunteers or members of the public.

�� (2) Except as provided in subsection (3) of this section, the operator of a multiline telephone system installed at least 12 months after January 1, 2014, shall provide information so that the appropriate primary public safety answering point is able to query the automatic location identification database and obtain an emergency response location identifier that includes at least the street address and building name for the location from which an emergency call originates.

�� (3) Subsection (2) of this section does not apply to the operator of:

�� (a) A key telephone system;

�� (b) Any other multiline telephone system serving a workplace that comprises less than 10,000 square feet on a single level and is located on one tract, as defined in ORS

ORS 409.458

409.458;

�� (c) Serves an area of one or more counties;

�� (d) Acts as a single local source of information and referral; and

�� (e) Facilitates access to local respite care services.

�� (3) �Noncategorical care� means care without regard to the status of the individual receiving care, including but not limited to age and type of special need.

�� (4) �Provider� means an individual or agency selected by a family or caregiver to provide respite care to an individual with special needs.

�� (5) �Respite care� means the provision of short-term relief to primary caregivers from the demands of ongoing care for an individual with special needs.

�� (6) �Respite care services� includes:

�� (a) Recruiting and screening paid and unpaid respite care providers;

�� (b) Identifying local training resources and organizing training opportunities for respite care providers;

�� (c) Matching families and caregivers with providers and other types of respite care;

�� (d) Linking families and caregivers with payment resources;

�� (e) Identifying, coordinating and developing community resources for respite care;

�� (f) Providing quality assurance and evaluation; and

�� (g) Assisting families and caregivers to identify respite care needs and resources.

�� (7) �Special needs� includes:

�� (a) Alzheimer�s disease and related disorders;

�� (b) Developmental disabilities;

�� (c) Physical disabilities;

�� (d) Chronic illness;

�� (e) Mental illness;

�� (f) Behavioral and emotional conditions that require supervision;

�� (g) Situations in which a high risk of abuse or neglect exists; and

�� (h) Such other situations or conditions as the Department of Human Services may establish by rule. [1997 c.745 �1; 2007 c.71 �104; 2007 c.512 �1]

�� 409.454 Legislative findings on respite care. The Legislative Assembly finds that:

�� (1) Supporting the efforts of families and caregivers to care for individuals with special needs at home is efficient, cost effective and humane. Families receiving occasional respite care relief are less likely to request admission of an individual with special needs to nursing homes, foster care or other out-of-home care at public expense.

�� (2) Respite care reduces family and caregiver stress, enhances family and caregiver coping ability and strengthens family ability to meet the challenging demands of caring for individuals with special needs.

�� (3) Respite care reduces the risk of abuse and neglect of children, senior citizens and other vulnerable groups.

�� (4) Coordinated, noncategorical respite care services must be available locally to provide reliable short-term relief when it is needed by families and caregivers regardless of where they live in Oregon. [1997 c.745 �2]

�� 409.458 Oregon Lifespan Respite Care Program established in department; duties. The Director of Human Services shall establish the Oregon Lifespan Respite Care Program to develop and encourage statewide coordination of respite care and to work with community-based private nonprofit, for-profit or public agencies and interested citizen groups in the establishment of community lifespan respite care programs. The Oregon Lifespan Respite Care Program shall:

�� (1) Provide policy and program development support, including but not limited to data collection and outcome measures;

�� (2) Identify and promote resolution of local and state level policy concerns;

�� (3) Provide technical assistance to community lifespan respite care programs in the areas of respite care program operations, resource development, best practices, training, coordination with other caregiver programs and promoting public awareness;

�� (4) Develop and distribute respite care information;

�� (5) Promote the exchange of information and coordination among state and local government, community lifespan respite care programs, agencies serving individuals with special needs, families and respite care advocates to encourage efficient provision of respite care and reduce duplication of effort;

�� (6) Ensure statewide access to community lifespan respite care programs; and

�� (7) Monitor and evaluate implementation of community lifespan respite care programs. [1997 c.745 �3; 2007 c.512 �2]

�� 409.462 Community programs; criteria; administrator of program; advisory council. (1) The Department of Human Services through the Oregon Lifespan Respite Care Program shall coordinate the establishment of community lifespan respite care programs. The program shall accept proposals to operate community lifespan respite care programs, submitted in the form and manner required by the program, from community-based private nonprofit, for-profit or public agencies that provide respite care services. According to criteria established by the Department of Human Services, the Oregon Lifespan Respite Care Program shall designate and fund agencies described in this section to operate the community lifespan respite care programs.

�� (2) The Director of Human Services shall create the position of administrator of the Oregon Lifespan Respite Care Program to carry out the duties of the program.

�� (3) The Director of Human Services shall appoint an advisory council to the Oregon Lifespan Respite Care Program. The council shall be composed of respite care program managers, respite care consumers, family members and other interested individuals and shall meet no fewer than four times per year. [1997 c.745 �4; 2007 c.512 �3]

�� 409.466 Community program duties; advisory committee. Each community lifespan respite care program established pursuant to ORS 409.458 shall:

�� (1) Involve key local individuals and agencies in the community lifespan respite care program planning process.

�� (2) Create an advisory committee to advise the community lifespan respite care program on how the program may best serve the needs of families and caregivers of individuals with special needs. A majority of the members of the advisory committee shall be family members and caregivers of individuals with special needs. Other members shall include respite care providers, representatives of local service agencies and other community representatives. Committee membership shall represent senior citizens, adults and children with special needs, and families at risk of abuse or neglect. [1997 c.745 �5; 2007 c.512 �4]

�� 409.470 Description of respite care services. Respite care services made available through the Oregon Lifespan Respite Care Program shall:

�� (1) Include a flexible array of respite care options responsive to family and caregiver needs and available before families and caregivers are in a crisis situation;

�� (2) Be sensitive to the unique needs, strengths and multicultural values of an individual, family or caregiver;

�� (3) Offer the most efficient access to an array of coordinated respite care services that are built on existing community supports and services;

�� (4) Be driven by community strengths, needs and resources; and

�� (5) Use a variety of funds and resources, including but not limited to:

�� (a) Family or caregiver funds;

�� (b) Private and volunteer resources;

�� (c) Public funds; and

�� (d) Exchange of care among families or caregivers. [1997 c.745 �6]

�� 409.474 Rules. The Department of Human Services shall adopt all rules necessary for the operation and administration of the Oregon Lifespan Respite Care Program, including but not limited to:

�� (1) Establishing criteria, procedures and timelines for designation of the community-based private nonprofit, for-profit or public agencies that will receive funding to provide respite services under community lifespan respite care programs;

�� (2) Requiring that community lifespan respite care programs publicize the telephone number and address where families and caregivers may contact the program;

�� (3) Establishing operational guidelines and outcome measures for state and community lifespan respite care programs;

�� (4) Establishing program reporting and data collection requirements;

�� (5) Creating statewide minimum standards for lifespan respite care providers;

�� (6) Establishing standards for coordination between the Oregon Lifespan Respite Care Program and other caregiving programs; and

�� (7) Establishing a statewide quality assurance process and quality assurance measures. [1997 c.745 �7; 2007 c.512 �5]

�� 409.478 Use of funds appropriated to program. The Oregon Lifespan Respite Care Program may use the funds appropriated to the program for the following purposes:

�� (1) The purposes established in ORS 409.458 and 409.462;

�� (2) Costs related to ongoing provider recruitment and training, information and referral, outreach and other components of the provision of local respite care;

�� (3) One time only start-up costs related to the establishment of the community lifespan respite care program;

�� (4) Administrative costs for maintaining ongoing program operation at both the state and local levels, including technology acquisition and upgrades to expand access to respite care services and to improve accountability; and

�� (5) The purchase of community-based respite care for families and individuals. [1997 c.745 �9; 2007 c.512 �6]

�� 409.500 [2001 c.987 �1; 2007 c.528 �1; 2009 c.595 �248; renumbered 413.570 in 2011]

�� 409.510 [2001 c.987 �3; 2007 c.528 �2; 2009 c.11 �48; renumbered 413.572 in 2011]

�� 409.520 [2001 c.987 �2; 2003 c.14 �175; 2005 c.162 �1; 2007 c.528 �3; 2009 c.442 �35; 2009 c.595 �249; 2011 c.272 �6; renumbered 413.574 in 2011]

�� 409.530 [2001 c.987 �5; 2009 c.595 �250; renumbered 413.576 in 2011]

�� 409.540 [2001 c.987 �9; 2009 c.595 �251; renumbered 413.580 in 2011]

�� 409.550 [2001 c.987 �6; renumbered 413.582 in 2011]

�� 409.560 [2001 c.987 �10; 2005 c.162 �2; 2007 c.528 �4; renumbered 413.590 in 2011]

�� 409.565 [2001 c.987 �11; 2001 c.987 �11a; 2010 c.43 �8; renumbered 413.592 in 2011]

�� 409.570 [2001 c.987 �8; renumbered 413.599 in 2011]

�� 409.600 [1999 c.822 �1; 2009 c.595 �252; renumbered 413.500 in 2011]

CHILD CARE SERVICES

�� 409.610 Legislative goal. It is the goal of the Legislative Assembly to provide programs to make child care services more affordable, to improve the quality of services offered and to increase the number of child care providers. Programs should be tailored to the needs of local communities and should include a combination of actions that will address both targeted populations, such as teen parents or children with disabilities, and low-income working or student parents. [1991 c.697 �1; 2007 c.70 �162]

�� 409.615 [2001 c.903 �1; renumbered 413.550 in 2011]

�� 409.617 [2001 c.903 �2; renumbered 413.552 in 2011]

�� 409.619 [2001 c.903 �3; 2009 c.595 �253; 2011 c.273 �7; renumbered 413.554 in 2011]

�� 409.620 [1991 c.697 �4; repealed by 1993 c.676 �53]

�� 409.621 [2001 c.903 �4; 2009 c.595 �254; renumbered 413.556 in 2011]

�� 409.623 [2001 c.903 �5; 2009 c.595 �255; renumbered 413.558 in 2011]

�� 409.625 [2001 c.903 �7; 2009 c.595 �256; renumbered 413.560 in 2011]

�� 409.630 [1991 c.697 �6; repealed by 1993 c.676 �53]

�� 409.710 [Formerly 184.883; 2001 c.900 �74; 2003 c.14 �176; renumbered 411.171 in 2011]

MISCELLANEOUS

�� 409.711 Grants for providing tax assistance. (1) The Department of Human Services shall adopt by rule a grant program to provide funding for the purposes described in subsections (2) and (3) of this section to culturally specific and responsive organizations, tribal governments and under-resourced rural community service organizations.

�� (2) Grants must be used to help low-income residents of this state by:

�� (a) Providing education about federal earned income tax credits and other tax benefits available to low-income individuals;

�� (b) Assisting residents in navigating tax systems; and

�� (c) Filing income tax returns.

�� (3) The grants must be used to:

�� (a) Strengthen the existing network of culturally specific and responsive tax preparation organizations;

�� (b) Expand organizational capacity in geographically diverse areas of this state to improve access to tax navigation and tax preparation services;

�� (c) Improve the recruitment and retention of qualified tax preparers;

�� (d) Strengthen the technology resources and training systems available to tax preparers and volunteers; or

�� (e) Strengthen taxpayer outreach, education and connections to communities by culturally specific and responsive tax navigation and preparation service providers.

�� (4) The department shall appoint a committee to advise the department in the adoption of rules for the program. The advisory committee must include one or more individuals who:

�� (a) Are low income.

�� (b) Are Black.

�� (c) Are Indigenous.

�� (d) Are people of color.

�� (e) Are non-English-speaking.

�� (f) Have a disability.

�� (g) Are 65 years of age or older. [2022 c.67 �1]

�� 409.720 Emergency planning; rules. (1) As used in this section:

�� (a) �Adult foster home� has the meaning given that term in ORS 443.705 (1).

�� (b) �Health care facility� has the meaning given that term in ORS 442.015.

�� (c) �Residential facility� has the meaning given that term in ORS 443.400.

�� (2) Every adult foster home, health care facility and residential facility licensed or registered by the Department of Human Services shall:

�� (a) Adopt a plan to provide for the safety of persons who are receiving care at or are residents of the home or facility in the event of an emergency that requires immediate action by the staff of the home or facility due to conditions of imminent danger that pose a threat to the life, health or safety of persons who are receiving care at or are residents of the home or facility; and

�� (b) Provide training to all employees of the home or facility about the responsibilities of the employees to implement the plan required by this section.

�� (3) The department shall adopt by rule the requirements for the plan and training required by this section. The rules adopted shall include, but are not limited to, procedures for the evacuation of the persons who are receiving care at or are residents of the adult foster home, health care facility or residential facility to a place of safety when the conditions of imminent danger require relocation of those persons. [2007 c.205 �1; 2009 c.595 �257; 2009 c.792 �33; 2017 c.679 �36]

�� 409.740 [2005 c.362 �1; 2009 c.595 �258; renumbered 413.246 in 2011]

�� 409.742 Disclosure of information pertaining to cremated or reduced remains. (1) Notwithstanding any other provision of law, the Department of Human Services shall disclose to the general public the name and the dates of birth and death of a person whose cremated or reduced remains are in the possession of the department for the purpose of:

�� (a) Giving a family member of the person an opportunity to claim the cremated or reduced remains; and

�� (b) Creating a memorial for those persons whose cremated or reduced remains are not claimed.

�� (2) If an individual contacts the department to determine whether the department is in possession of the cremated or reduced remains of a family member of the individual and the department determines that the department is in possession of the cremated or reduced remains, the department shall disclose to the individual that the department is in possession of the cremated or reduced remains and offer the individual the opportunity to claim the remains.

�� (3) As used in this section:

�� (a) �Alkaline hydrolysis� or �hydrolysis� means the technical process for reducing human remains by placing the remains in a dissolution chamber that uses heat, pressure, water and base chemical agents, in a licensed hydrolysis facility, to reduce human remains to bone fragments and essential elements.

�� (b) �Family member� means any individual related by blood, marriage or adoption to a person whose cremated or reduced remains are in the possession of the department.

�� (c) �Natural organic reduction� means the contained, accelerated conversion of human remains to soil.

�� (d) �Reduced remains� means the remains of a human body after completion of an authorized process for reducing human remains. Authorized processes for reducing human remains include alkaline hydrolysis, natural organic reduction and any other alternative process authorized by the State Mortuary and Cemetery Board. [2005 c.823 �1; 2007 c.9 �1; 2021 c.296 �28]

�� 409.745 [2003 c.608 �1; 2009 c.595 �259; renumbered 413.248 in 2011]

�� 409.747 Setoff of liquidated debts. Notwithstanding ORS 411.760, liquidated and delinquent debts owed to the Department of Human Services may be set off against amounts owed by the department to the debtors. [2007 c.446 �1; 2009 c.595 �260]

�� 409.750 State goal to eliminate or alleviate poverty. The State of Oregon desires to assist and enable the poor to achieve maximum feasible economic self-sufficiency. It shall be a state goal to eliminate or alleviate the causes and conditions of poverty in Oregon. The state shall assist service providers, including community-based organizations, culturally specific or culturally responsive organizations as defined in ORS 456.005, nonprofits and community action agencies to stimulate a better focusing of all available local, state, federal and private resources upon the goal. [Formerly 184.801; 2021 c.448 �4]

�� 409.760 Resilience Hubs and Networks. (1) As used in this section:

�� (a) �Resilience Hub� means a physical facility that is operated, managed or supported by one or more local residents, local governments, tribal governments, public schools, community-based organizations, faith-based organizations, nonprofit organizations or nongovernmental organizations and that:

�� (A) Supports the needs of community members or tribal communities, facilitates gathering and communication, distributes resources and otherwise enhances quality of life within a community;

�� (B) Serves as a central point for gathering, information sharing, and coordination in response to a disruption in the community;

�� (C) Enhances the ability of a community to respond to and recover from a disruption in a community;

�� (D) Is positioned, operated and resourced on a day-to-day basis to provide community resources, including but not limited to food, water, information exchange, electronic charging stations, basic medical supplies and equipment proportionate to the size of the community�s population and needs;

�� (E) Supports community cache sites and other support for community members who shelter in place;

�� (F) Can provide child care, training, food distribution and other services that can help a community respond to unmet social needs to prepare for, respond to and recover from disasters;

�� (G) Can provide, or can be retrofitted to provide, heating, cooling, air filtration and weather protection; and

�� (H) Accommodates individuals with accessibility needs.

�� (b) �Resilience Network� means an association of facilities, organizations, resource providers or service providers outside of a physical Resilience Hub facility that collectively serve the purposes of a Resilience Hub.

�� (2) The Department of Human Services shall, in consultation with the State Department of Energy and the Oregon Health Authority, provide grants, support and technical assistance for Resilience Hubs and Networks in Oregon. The Department of Human Services shall award:

�� (a) Grants for expenses related to planning and organizing Resilience Hubs and Networks;

�� (b) Grants to support and expand development and operation of Resilience Hubs and Networks to ensure that physical facilities can provide protection from extreme weather, can maintain power and climate during power outages, have auxiliary communications capabilities and are resilient following earthquakes, fires, tornadoes, floods, other extreme weather events and other potential disasters, emergencies or incidents; and

�� (c) Grants for resources and services needed by communities to otherwise prepare for and respond to disasters.

�� (3) Individuals or organizations may apply for grants by submitting an application that must include:

�� (a) A description of the purposes for which grant moneys will be expended;

�� (b) A plan for implementing specific strategies to build resilience in a community;

�� (c) A description of additional resources available for purposes of the Resilience Hub or Network;

�� (d) A description of the project�s ability to serve vulnerable populations and communities traditionally underrepresented in the public process, including communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure, seniors, youth and persons with disabilities; and

�� (e) Any other information required by the department.

�� (4) The department shall execute grant agreements with grant recipients obligating recipients to use grant moneys for purposes specified in the grant agreements. The department, in consultation with the State Department of Energy and the Oregon Health Authority, shall determine the permissible purposes for a grant under this section based on the needs of the Resilience Hub or Network. The department shall determine the needs of the Resilience Hub or Network in consultation with the community, including populations described in subsection (3)(d) of this section, within the locality in which the Resilience Hub or Network operates.

�� (5) The Department of Human Services shall adopt rules necessary for the administration of this section, including specifying the form and contents of an application for a grant under this section. [2023 c.442 �86]

LONG TERM CARE FACILITY ASSESSMENT

�� 409.800 Definitions. As used in ORS 409.800 to 409.816 and 409.900:

�� (1) �Assessment rate� means the rate established by the Director of Human Services under ORS

ORS 419A.050

419A.050 to 419A.063 who uses restraint or seclusion on a student in connection with a Youth Corrections Education Program or Juvenile Detention Education Program, as those terms are defined in ORS 326.695, is not subject to the prohibitions under ORS 339.285 to 339.303. [2023 c.495 �14]

�� 339.288 Prohibitions on use of certain restraints. (1) The use of the following types of restraint on a student in a public education program is prohibited:

�� (a) Chemical restraint.

�� (b) Mechanical restraint.

�� (c) Prone restraint.

�� (d) Supine restraint.

�� (e) Any restraint that involves the intentional and nonincidental use of a solid object, including a wall or the floor, to impede a student�s movement, unless the restraint is necessary to prevent an imminent life-threatening injury or to gain control of a weapon.

�� (f) Any restraint that places, or creates a risk of placing, pressure on a student�s neck or throat.

�� (g) Any restraint that places, or creates a risk of placing, pressure on a student�s mouth, unless the restraint is necessary for the purpose of extracting a body part from a bite.

�� (h) Any restraint that impedes, or creates a risk of impeding, breathing.

�� (i) Any restraint that involves the intentional placement of the hands, feet, elbow, knee or any object on a student�s neck, throat, genitals or other intimate parts.

�� (j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on the stomach or back by a knee, foot or elbow bone.

�� (k) Any action designed for the primary purpose of inflicting pain.

�� (2) As used in this section:

�� (a) �Chemical restraint� means a drug or medication that is used on a student to control behavior or restrict freedom of movement and that is not:

�� (A) Prescribed by a licensed physician or other qualified health professional acting under the professional�s scope of practice for standard treatment of the student�s medical or psychiatric condition; and

�� (B) Administered as prescribed by a licensed physician or other qualified health professional acting under the professional�s scope of practice.

�� (b)(A) �Mechanical restraint� means a device used to restrict the movement of a student or the movement or normal function of a portion of the body of a student.

�� (B) �Mechanical restraint� does not include:

�� (i) A protective or stabilizing device ordered by a licensed physician; or

�� (ii) A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle.

�� (c) �Prone restraint� means a restraint in which a student is held face down on the floor.

�� (d) �Supine restraint� means a restraint in which a student is held face up on the floor. [2011 c.665 �2; 2019 c.267 �2]

�� 339.291 Use of restraint or seclusion. (1) Restraint or seclusion may not be used for discipline, punishment, retaliation or convenience of personnel, contractors or volunteers of a public education program.

�� (2)(a) Restraint may be used on a student in a public education program only under the following circumstances:

�� (A) The student�s behavior imposes a reasonable risk of imminent and substantial physical or bodily injury to the student or others; and

�� (B) Less restrictive interventions would not be effective.

�� (b) Seclusion may be used on a student in a public education program only under the following circumstances:

�� (A) The student�s behavior imposes a reasonable risk of imminent and serious bodily injury to the student or others; and

�� (B) Less restrictive interventions would not be effective.

�� (3) If restraint or seclusion is used on a student, the restraint or seclusion must be:

�� (a) Used only for as long as the student�s behavior poses a reasonable risk as described in subsection (2) of this section;

�� (b) Imposed by personnel of the public education program who are:

�� (A) Trained to use restraint or seclusion through programs described in ORS 339.300; or

�� (B) Otherwise available in the case of an emergency circumstance when personnel described in subparagraph (A) of this paragraph are not immediately available due to the unforeseeable nature of the emergency circumstance; and

�� (c) Continuously monitored by personnel of the public education program for the duration of the restraint or seclusion.

�� (4) In addition to the requirements described in subsection (3) of this section, if restraint or seclusion continues for more than 30 minutes:

�� (a) The student must be provided with adequate access to the bathroom and water every 30 minutes;

�� (b) Personnel of the public education program must immediately attempt to verbally or electronically notify a parent or guardian of the student; and

�� (c) Every 15 minutes after the first 30 minutes of the restraint or seclusion, an administrator for the public education program must provide written authorization for the continuation of the restraint or seclusion, including providing documentation for the reason the restraint or seclusion must be continued. [2011 c.665 �3; 2019 c.267 �3]

�� 339.294 Procedures following incident; notification; records. (1) Each entity that has jurisdiction over a public education program must establish procedures for the public education program to follow after an incident involving the use of restraint or seclusion.

�� (2) Following an incident involving the use of restraint or seclusion, the following must be provided to a parent or guardian of the student:

�� (a) Verbal or electronic notification of the incident by the end of the school day when the incident occurred.

�� (b) Written documentation of the incident within 24 hours of the incident that provides:

�� (A) A description of the restraint or seclusion, including:

�� (i) The date of the restraint or seclusion;

�� (ii) The times when the restraint or seclusion began and ended; and

�� (iii) The location of the restraint or seclusion.

�� (B) A description of the student�s activity that prompted the use of restraint or seclusion.

�� (C) The efforts used to de-escalate the situation and the alternatives to restraint or seclusion that were attempted.

�� (D) The names of the personnel of the public education program who administered the restraint or seclusion.

�� (E) A description of the training status of the personnel of the public education program who administered the restraint or seclusion, including any information that may need to be provided to the parent or guardian under subsection (3) of this section.

�� (c) Timely notification of a debriefing meeting to be held as provided by subsection (4) of this section and the parent�s or guardian�s right to attend the meeting.

�� (d) Immediate, written notification of the existence of a record described in subsection (9) of this section.

�� (3) If the personnel of the public education program who administered the restraint or seclusion had not received training as provided by ORS 339.300, the administrator of the public education program shall ensure that a parent or guardian of the student and the district superintendent receive written notification of:

�� (a) The lack of training; and

�� (b) The reason the restraint or seclusion was administered by a person without training.

�� (4)(a) A debriefing meeting related to the use of restraint or seclusion must be held within two school days of the incident and must include all personnel of the public education program who were involved in the incident and any other appropriate personnel.

�� (b) Written notes must be taken of the debriefing meeting, and a copy of the written notes must be provided to a parent or guardian of the student.

�� (5) If a student is involved in five incidents in a school year involving restraint or seclusion, a team consisting of personnel of the public education program and a parent or guardian of the student must be formed for the purposes of reviewing and revising the student�s behavior plan and ensuring the provision of any necessary behavioral supports.

�� (6) If serious bodily injury or death of a student occurs in relation to the use of restraint or seclusion:

�� (a) Oral notification of the incident must be provided immediately to a parent or guardian of the student and to the Department of Human Services; and

�� (b) Written notification of the incident must be provided within 24 hours of the incident to the department.

�� (7) If serious bodily injury or death of personnel of the public education program occurs in relation to the use of restraint or seclusion, written notification of the incident must be provided within 24 hours of the incident to the district superintendent, to the Superintendent of Public Instruction and, if applicable, to the union representative for the affected party.

�� (8) A public education program shall maintain a record of each incident in which injuries or death occurs in relation to the use of restraint or seclusion.

�� (9)(a) A public education program shall preserve, and may not destroy, any records related to an incident of restraint or seclusion, including an audio or video recording. The records must be preserved in the original format and without any alteration.

�� (b) The public education program shall review any audio or video recording preserved under this subsection at the debriefing meeting described in subsection (4) of this section.

�� (10)(a) At the request of a student�s parent or guardian, a public education program shall disclose records preserved under this section to the parent or guardian. To the extent practicable without altering the meaning of the record, the public education program shall segregate or redact from a record disclosed under this paragraph any personally identifiable information of other students. If the public education program is unable to segregate or redact personally identifiable information of other students without altering the meaning of the record, the public education program shall disclose the record to the student�s parent or guardian in its original format and without any alteration.

�� (b) If the department is investigating the incident of restraint or seclusion as suspected child abuse, at the request of the department, the public education program shall disclose to the department or the department�s designee any records preserved under this section that are relevant to the department�s investigation. The public education program shall disclose any record under this paragraph in its original format and without any alteration. [2011 c.665 �4; 2019 c.267 �4; 2023 c.204 �3]

�� 339.296 Determination that public education program is responsible for abuse. (1) As used in this section:

�� (a) �Behavior intervention plan� has the meaning given that term in ORS 343.154.

�� (b) �504 Plan� means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794.

�� (c) �Individualized education program� has the meaning given that term in ORS 343.035.

�� (2) When the Department of Human Services conducts an investigation under ORS 419B.019 of a report of suspected abuse of a student in a public education program and the department finds that the report of abuse is founded, the department shall determine that the public education program is responsible for the abuse if:

�� (a) The abuse involved the use of restraint or seclusion and the public education program failed to ensure that a sufficient number of personnel, appropriately trained in the use of restraint and seclusion, were available to comply with the individualized education programs, 504 Plans and behavior intervention plans of the students who were present in the setting where the abuse occurred at the time the abuse occurred;

�� (b)(A) The abuse involved the use of restraint, seclusion or neglect and the public education program failed to provide the personnel involved with the restraint, seclusion or neglect with access to the student�s individualized education program, 504 Plan or behavior intervention program or failed to provide the personnel with adequate training to appropriately perform health-related or personal care tasks; and

�� (B) The personnel were not aware of, and failed to provide the services and supports in the manner required by, the student�s individualized education program, 504 Plan or behavior plan;

�� (c) The abuse involved the use of restraint or seclusion, a superior ordered personnel to impose the restraint or seclusion, and the personnel who imposed the restraint or seclusion reasonably believed that failure to comply with the order would result in termination or discipline; or

�� (d)(A) The abuse involved the use of restraint or seclusion and the public education program failed to ensure that the personnel who imposed the restraint or seclusion were appropriately trained in the use of restraint and seclusion;

�� (B) The personnel who imposed the restraint or seclusion reasonably believed that failure to impose the restraint or seclusion would lead to serious bodily injury of the student or others; and

�� (C) If the personnel imposed a restraint, it was not a type of restraint prohibited under ORS 339.288. [2023 c.581 �2]

�� 339.297 Annual report. (1) Each entity that has jurisdiction over a public education program must prepare and submit to the Department of Education an annual report detailing the use of restraint and seclusion for the preceding school year, including, at a minimum:

�� (a) The total number of incidents involving restraint.

�� (b) The total number of incidents involving seclusion.

�� (c) The total number of seclusions in a locked room.

�� (d) The total number of rooms available for use by the public education program for seclusion of a student and a description of the dimensions and design of the rooms.

�� (e) The total number of students placed in restraint.

�� (f) The total number of students placed in seclusion.

�� (g) The total number of incidents that resulted in injuries or death to students or personnel as a result of the use of restraint or seclusion.

�� (h) The number of students who were placed in restraint or seclusion more than 10 times in the course of a school year and an explanation of what steps have been taken by the public education program to decrease the use of restraint and seclusion for each student.

�� (i) The number of incidents in which the personnel of the public education program administering restraint or seclusion were not trained as provided by ORS 339.300.

�� (j) The demographic characteristics of all students upon whom restraint or seclusion was imposed, including race, ethnicity, gender, disability status, migrant status, English proficiency and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual student.

�� (2)(a) Each entity that has jurisdiction over a public education program shall make its annual report about restraint and seclusion available to:

�� (A) The public at the entity�s main office and the website of the entity;

�� (B) The board or governing body overseeing the entity;

�� (C) If the entity is an education service district, the component school districts of the education service district; and

�� (D) If the entity is a public charter school, the sponsor of the public charter school.

�� (b) Parents and guardians of students in a public education program shall be advised at least once each school year about how to access the report.

�� (3) A public education provider that does not comply with the requirement to submit a report to the Department of Education under subsection (1) of this section or to make the report available as described in subsection (2) of this section is considered nonstandard under ORS 327.158. [2011 c.665 �5; 2013 c.650 �4; 2019 c.267 �5]

�� 339.300 Training programs. The Department of Education shall approve training programs in restraint and seclusion that:

�� (1) Teach evidence-based techniques that are shown to be effective in the prevention and safe use of restraint or seclusion;

�� (2) Provide evidence-based skills training related to positive behavior support, conflict prevention, de-escalation and crisis response techniques; and

�� (3) Are consistent with the philosophies, practices and techniques for restraint and seclusion that are established by rule or policy of the Department of Human Services. [2011 c.665 �6; 2019 c.267 �6]

�� 339.303 Rules for complaints, investigations and seclusion rooms. The State Board of Education shall adopt by rule:

�� (1) A process for an organization or an individual to submit to the Superintendent of Public Instruction a written, signed complaint alleging that a public education program is violating or has violated a provision of ORS 339.285 to 339.303. The complaint must indicate that, prior to submitting the complaint to the superintendent, the organization or individual attempted to seek a remedy for the complaint from the board or governing body overseeing the entity that has jurisdiction over the public education program against which the complaint is being submitted.

�� (2) A process for investigating a complaint submitted under subsection (1) of this section.

�� (3) The minimum standards for any rooms used by a public education program for seclusion of a student. The standards must:

�� (a) Take into account the health and safety of students and personnel of the public education program and the respect and dignity of students; and

�� (b) Include consideration of the size, safety features, lighting and ventilation of the rooms. [2013 c.650 �2]

�� 339.308 Seclusion cell prohibition. (1) As used in this section:

�� (a) �Public education program� means a program that:

�� (A) Is for students in early childhood education, elementary school or secondary school;

�� (B) Is under the jurisdiction of a school district, an education service district or another educational institution or program; and

�� (C) Receives, or serves students who receive, support in any form from any program supported, directly or indirectly, with funds appropriated to the Department of Education.

�� (b) �Seclusion cell� means a freestanding, self-contained unit that is used to:

�� (A) Isolate a student from other students; or

�� (B) Physically prevent a student from leaving the unit or cause the student to believe that the student is physically prevented from leaving the unit.

�� (2) A public education program may not:

�� (a) Purchase, build or otherwise take possession of a seclusion cell; or

�� (b) Use a seclusion cell.

�� (3) Nothing in this section prevents a public education program from using seclusion as allowed under ORS 339.285 to 339.303. [2013 c.30 �1; 2013 c.30 �2; 2013 c.133 �1a; 2013 c.267 �1a]

SCHOOL SAFETY

(Employee Injuries)

�� 339.309 Required reports of employee injuries. (1) Each district school board shall establish a policy for the reporting of incidents that:

�� (a) Result in the injury of an employee of the school district; and

�� (b) Are sustained while in the actual performance of the duty of the employee.

�� (2) A policy established as provided by this section must align, to the extent practicable, with any existing reporting requirements. [2013 c.283 �1]

�� 339.310 [1965 c.100 �291; repealed by 1973 c.728 �6]

(Nonviolent Crisis Intervention)

�� 339.311 Safe School Culture Grant program; certified instructors; grants; rules. (1) As used in this section, �certified instructor� means an individual who is certified as an instructor by the Crisis Prevention Institute�s Nonviolent Crisis Intervention program or by another program administered by a nationally recognized organization that provides training to certify individuals in nonviolent crisis intervention methods.

�� (2) The Department of Education shall establish and maintain the Safe School Culture Grant program. The purpose of the program is to develop a network of instructors who are certified in nonviolent crisis intervention methods to ensure that, for every 50 students in a school district or an education service district, at least one staff person of the school district or education service district is certified in nonviolent crisis intervention methods.

�� (3) The department shall distribute funds under the program to school districts and education service districts in the manner prescribed by the State Board of Education by rule. At a minimum, the rules shall:

�� (a) Establish the manner by which reimbursement is provided to school districts and education service districts for wages or stipends paid to staff for the time spent by the staff to attend training to become certified instructors;

�� (b) Ensure school districts and education service districts are reimbursed only for the costs related to individuals who complete the certification process as newly certified instructors; and

�� (c) Notwithstanding paragraph (b) of this subsection, permit any unexpended moneys from grants to be used to support the costs of training staff in nonviolent crisis intervention methods by providing stipends and reimbursement for the cost of materials.

�� (4) To qualify for a grant under the program, a school district must:

�� (a) Require each newly certified instructor to conduct at least three complete trainings of at least 10 staff persons each year.

�� (b) Provide or arrange for the provision of the necessary physical space for the training.

�� (c) Consult with organizations representing teachers and instructional assistants to determine the priority for which staff to train to ensure training is targeted to the areas in most need of support for increasing the safety of students and staff.

�� (d) Consult with organizations representing teachers and instructional assistants about compensation in wages, stipends or other means to support staff to participate in training to become certified instructors or to participate in training conducted by certified instructors to become certified in nonviolent crisis intervention methods.

�� (5) To qualify for a grant under the program, an education service district must:

�� (a) Ensure at least one complete nonviolent crisis intervention training of at least 10 staff persons is completed each month at the verbal intervention level or the physical intervention level, except that trainings for July and December may be offered in alternative months.

�� (b) Provide or arrange for the provision of the necessary physical space for the training.

�� (c) Not charge a fee to a school district or a staff member for the first 10 staff persons trained by certified instructors each year.

�� (d) Offer training in advanced physical skills only to individuals working in settings in which serious injuries have occurred or are at imminent risk of occurring.

�� (6) Notwithstanding subsection (4)(a) or (5)(a) of this section:

�� (a) For a school district with fewer than 30 employees, require each newly certified instructor to conduct as many complete trainings as possible each year.

�� (b) For an education service district with fewer than 30 employees, ensure as many nonviolent crisis intervention trainings as possible are completed each year.

�� (7) The department shall biennially distribute funds to school districts participating in the program as follows:

�� (a) The department shall provide to a school district with 1,500 or fewer students a grant in an amount to reimburse the school district for the cost of one new certified instructor. If the school district pays for the cost of a second new certified instructor, the department shall provide the school district with an amount to reimburse the school district for the cost of a third new certified instructor.

�� (b) The department shall provide to a school district with between 1,501 and 5,000 students a grant in an amount to reimburse the school district for the cost of two new certified instructors. If the school district pays for the cost of a third new certified instructor, the department shall provide the school district with an amount to reimburse the school district for the cost of a fourth new certified instructor.

�� (c) The department shall provide to a school district with between 5,001 and 8,000 students a grant in an amount to reimburse the school district for the cost of two new certified instructors. If the school district pays for the cost of additional new certified instructors, the department shall provide the school district with an amount to reimburse the school district for the cost of the additional new certified instructors, up to a total of four new certified instructors.

�� (d) The department shall provide to a school district with between 8,001 and 15,000 students a grant in an amount to reimburse the school district for the cost of four new certified instructors. If the school district pays for the cost of additional new certified instructors, the department shall provide the school district with an amount to reimburse the school district for the cost of the additional new certified instructors, up to a total of eight new certified instructors.

�� (e) The department shall provide to a school district with between 15,001 and 30,000 students a grant in an amount to reimburse the school district for the cost of six new certified instructors. If the school district pays for the cost of additional new certified instructors, the department shall provide the school district with an amount to reimburse the school district for the cost of the additional new certified instructors, up to a total of 14 new certified instructors.

�� (f) The department shall provide to a school district with more than 30,000 students a grant in an amount to reimburse the school district for the cost of six new certified instructors. If the school district pays for the cost of additional new certified instructors, the department shall provide the school district with an amount to reimburse the school district for the cost of the additional new certified instructors, up to a total of 16 new certified instructors.

�� (8) The department shall biennially distribute funds through the program to education service districts for two new certified instructors in advanced physical skills and one new certified instructor in verbal and physical intervention skills. The grant must match the cost of the additional new certified instructors, up to a maximum of four new certified instructors in advanced physical skills and two new certified instructors in verbal and physical intervention skills.

�� (9) The department may use up to three percent of the grant funds to cover the department�s costs in administering the program under this section.

�� (10) Notwithstanding subsections (3), (7) and (8) of this section, the department shall distribute funds to school districts and education service districts subject to the availability of funding for the program. [2023 c.592 �8]

(Coordination and Information Sharing)

�� 339.312 Safe school alliance. School districts are encouraged to form a safe school alliance composed of schools, law enforcement agencies, juvenile justice agencies and district attorneys. The purpose of a safe school alliance is to provide the safest school environment possible. [1999 c.964 �2]

�� 339.315 Report required if person has unlawful firearm or destructive device; immunity; law enforcement investigation required. (1)(a) Any employee of a public school district, an education service district or a private school who has reasonable cause to believe that a person, while in a school, is or within the previous 120 days has been in possession of a firearm or destructive device in violation of ORS 166.250, 166.370 or 166.382 shall report the person�s conduct immediately to a school administrator, school director, the administrator�s or director�s designee or law enforcement agency within the county. A school administrator, school director or the administrator�s or director�s designee, who has reasonable cause to believe that the person, while in a school, is or within the previous 120 days has been in possession of a firearm or destructive device in violation of ORS 166.250, 166.370 or

ORS 419B.035

419B.035 and 419B.045.

�� Note: 346.169 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 346 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 346.170 Program for conservation and restoration of sight and prevention of blindness; free eye care. (1) The Commission for the Blind shall maintain a program for the conservation and restoration of sight and the prevention of blindness, the objects of which shall be to inaugurate and cooperate in such measures for the prevention of blindness in Oregon as the commission may deem advisable.

�� (2) The commission in its discretion may arrange for and pay for the examination of the eyes of individual persons with visual impairments and may obtain and pay for medical and surgical treatment and glasses for such persons. [Amended by 1973 c.713 �3; 1975 c.638 �3; 2007 c.70 �123]

�� 346.180 Vocational rehabilitation services. The Commission for the Blind shall maintain a program of vocational rehabilitation services. The object of the program shall be to aid persons with visual impairments in finding employment, to provide such physical restoration as will increase their employability, to establish a program of small business enterprises in which such persons are able to work, to establish individual programs of college and university instruction, also training in trades and occupations which may be followed in their homes and elsewhere, to cooperate with the United States Government in vocational rehabilitation programs for persons who are blind, including establishment of small business enterprises for them in buildings owned or rented by the federal government and to assist persons with visual impairments, in whatever manner may seem advisable to the commission, in disposing of the products of their industries. [Amended by 1975 c.638 �4; 1989 c.224 �60; 2007 c.70 �124]

�� 346.190 [Amended by 1957 c.190 �1; 1967 c.535 �1; 1969 c.240 �2; 1973 c.713 �4; 1979 c.468 �33; 1989 c.224 �61; 2005 c.218 �16; 2007 c.70 �125; repealed by 2014 c.107 �1]

�� 346.200 [Repealed by 1973 c.713 �8]

�� 346.210 [Amended by 1975 c.638 �5; 1977 c.277 �1; 1989 c.224 �62; 2007 c.70 �126; repealed by 2017 c.717 �23]

�� 346.220 [Amended by 1975 c.638 �6; 1989 c.224 �63; 2007 c.70 �127; repealed by 2017 c.717 �23]

�� 346.230 [Amended by 1959 c.98 �1; 1961 c.484 �2; 1983 c.740 �114; 2005 c.755 �23; repealed by 2014 c.107 �1]

�� 346.235 [1959 c.98 �3; repealed by 1965 c.448 �4]

�� 346.240 Payment of incidental expenses of commission. (1) The Oregon Department of Administrative Services may, from time to time, as may be necessary, draw a warrant in favor of the Commission for the Blind for a sum not exceeding $1,500 in any one amount, to be used for the purpose of paying for postage, expressage, freight, telegraph, telephone and other incidental expenses for which payment must be made in cash.

�� (2) The commission shall file with the department, from time to time, vouchers for any warrants to be drawn under subsection (1) of this section.

�� (3) Before the commission receives any moneys to be expended for incidental expenses, the commission shall designate the person to whom the funds will be paid. [Amended by 1973 c.713 �5; 1983 c.740 �115; 2014 c.107 �6]

�� 346.250 Program of social and educational services. The Commission for the Blind may establish a program of social and educational services for the purpose of ameliorating the condition of persons with visual impairments by providing instruction that will assist them in making the best possible adjustment to conditions resulting from loss or impairment of sight, as the commission may deem advisable. Special courses of instruction and training may be established at training centers and workshops for persons with visual impairments that shall include home economics, household mechanics, orientation to better living and such other instruction as will contribute to the economic and social adjustment of persons with visual impairments. Persons with whom persons with visual impairments are living may, whenever the commission deems necessary, be given instruction that will assist them in caring for such persons with visual impairments. The commission through this program also shall cooperate with the Library of Congress and other agencies in the distribution of talking-book machines, sound-reproducing equipment and other devices designed for the use of persons who are blind, and from time to time may cause to be made and distributed to persons in this state who have visual impairments specially recorded subjects and Braille publications. [Amended by 1973 c.713 �6; 1989 c.224 �64; 2007 c.70 �128]

�� 346.260 Cooperation with Department of Human Services. The Commission for the Blind shall:

�� (1) Cooperate with the Department of Human Services in the administration of programs for persons who are blind; and

�� (2) When requested by the department, make an investigation of an applicant eligible for programs for persons who are blind and make recommendations to the department regarding services for the applicant and the employability of the applicant. [Amended by 2001 c.355 �1; 2007 c.70 �129]

�� 346.265 Authority to cooperate with and receive grants from federal government. In addition to its other powers, the Commission for the Blind may enter into agreements with, join with or accept grants from, the federal government for cooperative research, demonstration projects and personnel training programs. The commission is designated the state agency to receive any other federal funds available for the furtherance of the programs under the administration of the commission. [1961 c.484 �5]

�� 346.270 Receipt and expenditure of gifts and bequests. The Commission for the Blind may receive moneys by gift or bequest and expend the moneys for any of the objects and purposes of the commission under ORS 346.120. Moneys received under this section shall be deposited with the State Treasurer in an account separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. [Amended by 1965 c.100 �452; 1975 c.605 �18; 1989 c.966 �29]

�� 346.280 [Repealed by 1975 c.605 �33]

�� 346.290 Commission for the Blind Account. (1) There is established in the General Fund of the State Treasury an account to be known as the Commission for the Blind Account. Except for funds made available to the Commission for the Blind under ORS 346.270 or deposited pursuant to ORS 346.569, all moneys received by the commission for promoting the welfare of persons with visual impairments shall be paid into the State Treasury and credited to the Commission for the Blind Account.

�� (2) All moneys in the Commission for the Blind Account are continuously appropriated to the commission for use by the commission for the respective purposes authorized by law.

�� (3) The commission shall keep a record of all moneys deposited in the Commission for the Blind Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [1963 c.381 �3; 1973 c.713 �7; 1975 c.471 �2; 1981 c.271 �1; 1989 c.224 �65; 2007 c.70 �130; 2014 c.107 �7; 2017 c.717 �11]

�� 346.300 Criminal records checks. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Commission for the Blind may require the fingerprints of a person who:

�� (1)(a) Is employed or applying for employment by the commission; or

�� (b) Provides services or seeks to provide services to the commission as a volunteer; and

�� (2) Is, or will be, working or providing services in a position:

�� (a) In which the person has or will have access to information that is confidential under state or federal laws, rules or regulations; or

�� (b) In which the person has direct contact with people who are served by the commission. [2007 c.619 �2]

�� 346.310 [Repealed by 1973 c.713 �8]

FUNDING FOR SERVICES TO STUDENTS WHO ARE BLIND OR VISUALLY IMPAIRED

�� 346.315 Blind and Visually Impaired Student Fund. (1) The Blind and Visually Impaired Student Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Blind and Visually Impaired Student Fund shall be credited to the Blind and Visually Impaired Student Fund.

�� (2) Moneys in the Blind and Visually Impaired Student Fund are continuously appropriated to the Department of Education for the purposes of:

�� (a) Assisting students who are blind or visually impaired in receiving appropriate resources and services, including educational services, in the communities where the students reside;

�� (b) Supplementing funds available to regional programs authorized under ORS 343.236 (1)(a)(A) and (C) to ensure access to the expanded core curriculum for students who are blind or visually impaired;

�� (c) Coordinating professional development of persons who provide educational services to students who are blind or visually impaired;

�� (d) Providing technical assistance for the purpose of providing educational services to students who are blind or visually impaired; and

�� (e) Coordinating activities for the benefit of students who are blind or visually impaired.

�� (3) When determining the manner in which to spend the moneys in the Blind and Visually Impaired Student Fund, the Department of Education shall ensure that the moneys are used in addition to any other available moneys and do not supplant moneys available from any other source. [2009 c.562 �7; 2009 c.562 �8; 2010 c.54 �5]

�� 346.320 [Amended by 1961 c.484 �3; repealed by 1973 c.713 �8]

�� 346.330 [Repealed by 1957 c.190 �2]

�� 346.340 [Repealed by 1973 c.713 �8]

�� 346.350 [Repealed by 1955 c.112 �1]

�� 346.360 [Amended by 1967 c.335 �40; repealed by 1973 c.713 �8]

�� 346.370 [Repealed by 1957 c.190 �2]

�� 346.380 [Repealed by 1957 c.190 �2]

�� 346.390 [Repealed by 1957 c.190 �2]

VENDING FACILITIES ON PUBLIC PROPERTY

�� 346.510 Definitions for ORS 346.510 to 346.570. As used in ORS 346.510 to 346.570:

�� (1) �Cafeteria� means a food-dispensing facility:

�� (a) That can provide a variety of prepared foods and beverages;

�� (b) Where a patron may move through a self-service line;

�� (c) That may employ some servers to wait on patrons; and

�� (d) That provides seating suitable for patrons to consume meals.

�� (2) �Healthy vending item� and �local vending item� have the meanings given those terms by rules adopted by the Commission for the Blind in consultation with the Public Health Director and the business enterprise consumer committee.

�� (3) �Person who is blind� means a person who has not more than 20/200 visual acuity in the better eye with best correction or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision to such a degree that its widest diameter subtends an angle of no greater than 20 degrees and whose blindness is certified by a licensed physician who specializes in diseases of the eye.

�� (4) �Political subdivision� means a local government as defined in ORS 174.116, a municipality, town or village of this state.

�� (5) �Public building� or �property� means a building, land or other real property, or a portion of a building, land or other real property, that is occupied by a department or an agency of the State of Oregon or by a political subdivision, except for a public elementary school, a secondary school, a public university listed in ORS 352.002 or a public corporation created pursuant to ORS 353.020.

�� (6) �Vending facility� means:

�� (a) Shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment that are necessary or customarily used for the vending of articles, including an established mix of healthy vending items approved by the Commission for the Blind and the agency, department or political subdivision charged with maintaining the public building or property where the vending facility is located;

�� (b) Vending machines; or

�� (c) Cafeterias or snack bars for the dispensing of foodstuffs and beverages.

�� (7) �Vending facility manager� means a person who is:

�� (a) Blind;

�� (b) Responsible for the day-to-day conduct of the vending facility operation; and

�� (c) Licensed under ORS 346.510 to 346.570.

�� (8) �Vending machine� means a manual or coin-operated machine or a similar device used for vending articles, including machines or devices that accept electronic payment.

�� (9) �Visitor venue� means a public building or property that is operated by a political subdivision of this state and that is:

�� (a) A convention, event or exposition center;

�� (b) A zoo;

�� (c) A performing arts center;

�� (d) A museum;

�� (e) A golf course;

�� (f) A facility primarily used for sporting events; or

�� (g) A commercial airport owned and operated by a city, a county or a port district organized under ORS chapter 778. [1957 c.295 �2; 1975 c.638 �7; 2007 c.70 �131; 2017 c.717 �12; 2019 c.505 �1; 2021 c.630 �15]

�� 346.520 Persons who are blind to have priorities and preferences to operate vending facilities in public buildings or on public property; charges prohibited; exception. (1) For purposes of providing persons who are blind with remunerative employment, enlarging the economic opportunities of persons who are blind and stimulating persons who are blind to greater efforts to make themselves self-supporting with independent livelihoods, persons who are blind and who are licensed under ORS 346.510 to 346.570 by the Commission for the Blind have the priorities and preferences described in ORS 346.510 to 346.570 when, in the discretion of the agency, department or political subdivision in charge of the maintenance of the public buildings or properties, vending facilities may properly and satisfactorily operate.

�� (2) Notwithstanding ORS 276.385, the agency, department or political subdivision charged with maintaining a public building or property where a vending facility is operated under ORS 346.525 (1) may not:

�� (a) Charge the commission or persons who are blind and who are licensed under the provisions of ORS 346.510 to 346.570 any amount for:

�� (A) Rental of the space where the vending facility is operated;

�� (B) Utility costs incurred in the operation of the vending facility; or

�� (C) The priority, right, permit, license or lease to operate a vending facility in or on the public building or property.

�� (b) Require that the commission or the vending facility manager pay to the agency, department or political subdivision any portion of a commission, gratuity or revenue earned by the vending facility manager from the operation of the vending facility.

�� (3) Subsection (2) of this section does not apply to charges imposed by the Department of Transportation or the Travel Information Council. Subject to the availability of funds, the department and the council may refrain from charging any amount for rental of space or utility costs described in subsection (2) of this section. [1957 c.295 �1; 1975 c.638 �8; 2003 c.268 �1; 2007 c.70 �132; 2017 c.717 �13; 2019 c.505 �2]

�� 346.525 Priorities and preferences for persons who are blind to operate vending facilities in public buildings. (1) The state shall grant to persons who are blind a priority to:

�� (a) Operate vending facilities in public buildings in this state, unless the vending facilities are:

�� (A) Cafeterias; or

�� (B) Located at a community college or at a visitor venue.

�� (b) Operate vending machines located at visitor venues.

�� (2) The state shall grant to persons who are blind a preference to:

�� (a) Operate cafeterias in public buildings in this state, except for cafeterias located at visitor venues.

�� (b) Operate vending facilities located at community colleges.

�� (3) If a state agency, department or political subdivision constructs a new public building or facility, modifies an existing public building or facility, enters into or modifies a contract for, or otherwise seeks to procure, products or services that are customarily provided by the business enterprise program of the Commission for the Blind, including the operation of vending facilities, the agency, department or political subdivision complies with:

�� (a) Subsection (1) of this section if the agency, department or political subdivision:

�� (A) Notifies the commission of the intended action and allows the commission to determine whether a vending facility manager licensed under ORS 346.510 to 346.570 is able to provide the product or service;

�� (B) Offers to the commission a right of first refusal;

�� (C) Does not charge the commission or vending facility manager any amount prohibited under ORS 346.520 (2); and

�� (D) Procures the vending service from the commission if the service:

�� (i) Is offered by the commission or by persons with visual impairments under the direction and supervision of the commission; and

�� (ii) Meets the requirements of the agency, department or political subdivision for quality and quantity of foodstuffs and beverages available through the vending facility.

�� (b) Subsection (2) of this section if the agency, department or political subdivision:

�� (B) Procures the vending service from the commission if the service:

�� (i) Is offered by the commission or by persons with visual impairments under the direction and supervision of the commission;

�� (ii) Meets the requirements of the agency, department or political subdivision for quality and quantity of foodstuffs and beverages available through the vending facility; and

�� (iii) Is offered in a bid that is equal to any other bids submitted. [2017 c.717 �10; 2019 c.505 �4]

�� 346.530 Notice to commission on vending facilities locations; notification of reason for refusal of commission offer. (1) Each agency, department or political subdivision charged with maintaining public buildings or properties shall:

�� (a) Annually notify the Commission for the Blind in writing of any and all existing locations where vending facilities are in operation or where vending facilities might properly and satisfactorily be operated.

�� (b) Not less than 30 days prior to the reactivation, leasing, re-leasing, licensing or issuance of a permit for operation of any vending facility, inform the commission of the pending action.

�� (c) Inform the commission of any locations where vending facilities are planned or might properly and satisfactorily be operated in or about other public buildings or properties that are or may be under the jurisdiction of the agency, department or political subdivision for maintenance.

�� (2) If the commission offers to operate a vending facility under this section and the offer is not accepted for reasons other than the decision not to have a vending facility on the premises, the agency, department or political subdivision shall notify the commission in writing of the reasons for refusing the commission�s offer. The agency, department or political subdivision shall offer the commission an opportunity to resolve the concerns raised in the written notice.

�� (3) Any contract or agreement between the commission and an agency, department or political subdivision relating to the operation of a vending facility entered into subsequent to July 1, 1975, that is not in compliance with or that is in violation of ORS 346.510 to 346.570, is null and void. [1957 c.295 �3; 1965 c.471 �1; 1975 c.638 �9; 2017 c.717 �14; 2019 c.505 �5]

�� 346.540 Duties of commission with respect to operation of vending facilities; report; rules. (1) The Commission for the Blind shall:

�� (a) As the commission determines is necessary, survey public buildings or properties to determine the suitability of the public buildings or properties as locations for vending facilities to be operated by persons who are blind and advise the agencies, departments or political subdivisions charged with maintaining the public buildings or properties of the commission�s findings.

�� (b) With the consent of the agency, department or political subdivision charged with maintaining the buildings or properties, establish vending facilities in those locations that the commission determines are suitable and enter into agreements to operate the vending facilities.

�� (c) Recruit, select, train, license and install qualified persons who are blind as managers of vending facilities in public buildings or properties.

�� (d) Adopt rules as necessary to ensure the proper and satisfactory operation of vending facilities and for the benefit of vending facility managers.

�� (e) Provide for the continued operation of established vending facilities if a qualified person who is blind is not available until a qualified person who is blind is available for assignment as manager.

�� (f) Not later than January 15 of each year, submit an annual report on the performance of the commission�s business enterprise program to the interim committees of the Legislative Assembly related to health and human services. The commission shall include with the report the results of any surveys made under paragraph (a) of this subsection that were conducted since the submission of the previous year�s report, and any refusals from agencies, departments or political subdivisions to operate vending facilities in public buildings or properties.

�� (2) The commission may enter into agreements in compliance with ORS chapter 190 to operate vending facilities located in public buildings or on public properties described in subsection (1)(b) of this section.

�� (3) If the agency, department or political subdivision charged with maintaining public buildings or properties does not consent to the establishment of vending facilities in locations in the public building or on the public property that the commission determines are suitable, the agency, department or political subdivision shall inform the commission in writing of the reasons why consent is not given. [1957 c.295 �4; 1965 c.471 �2; 1975 c.638 �10; 1981 c.271 �2; 1989 c.966 �30; 2007 c.70 �133; 2017 c.717 �15]

�� 346.543 Aid by commission to persons with visual impairments to enable operation of vending facility. (1) The Commission for the Blind may, in the discretion of the commission or if requested by a vending facility manager licensed under ORS 346.510 to 346.570, aid persons with visual impairments by supplying to a person with a visual impairment materials, equipment or machinery, or by allowing the manager to subcontract with a third party to obtain materials, equipment or machinery, in order to enable the operation of a vending facility.

�� (2) The commission may transfer to the person with a visual impairment ownership of any materials, equipment or machinery owned by the commission and supplied to the person. [2017 c.717 �9]

�� Note: 346.543 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 346 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 346.546 Active participation by business enterprise consumer committee. (1) The Commission for the Blind shall ensure the active participation of the commission�s business enterprise consumer committee in the commission�s major administrative, policy and program development decisions that impact the commission�s business enterprise program.

�� (2) The commission shall provide relevant data and information to the committee in a timely manner in order to effectuate the committee�s active participation.

�� (3) The commission has final authority and responsibility for the administration and operation of the business enterprise program.

�� (4) If the commission does not follow a recommendation of the committee regarding a matter on which the committee actively participates, the commission shall provide to the committee a written explanation as to the reason the committee�s recommendation was not followed. [2017 c.717 �8]

�� 346.550 Commodities and articles that may be sold at vending facilities. A vending facility operated under the provisions of ORS 346.510 to 346.570 must be used solely for the vending of commodities and articles approved by the Commission for the Blind and by the state agency, department or political subdivision charged with maintaining the public building or property in or on which the vending facility is operated. [1957 c.295 �5; 1975 c.638 �11; 2017 c.717 �16]

�� 346.553 Agreements with subcontractors; rules. (1) With written approval from the Commission for the Blind, a vending facility manager may enter into an agreement with a subcontractor included on the list of approved subcontractors described in subsection (4) of this section in order to enable the manager to operate the vending facility.

�� (2) In determining whether to approve an agreement with a subcontractor, the commission shall consider:

�� (a) The quality of service that the vending facility manager and subcontractor are able to provide; and

�� (b) Any product storage requirements.

�� (3) The commission may provide in an agreement with a vending facility manager that the commission may increase the percentage of net proceeds collected under ORS

ORS 433.035

433.035, 433.121 and 433.123. [2003 c.555 �11; 2007 c.445 �27; 2009 c.595 �675]

�� 433.455 [Amended by 1973 c.779 �13; repealed by 1981 c.198 �2]

�� 433.460 [Amended by 1973 c.779 �14; repealed by 1981 c.198 �2]

�� 433.465 [Amended by 1973 c.779 �15; repealed by 1981 c.198 �2]

�� 433.466 Right to legal counsel by persons subject to public health measure. (1) A person or group of persons subject to isolation or quarantine or other public health measure pursuant to ORS 433.121 or 433.123 has the right to be represented by legal counsel if the person or group of persons so elects. If the person or group of persons requests legal counsel and cannot afford counsel, the court shall appoint legal counsel. If no request for legal counsel is made, the court must appoint legal counsel unless counsel is expressly, knowingly and intelligently refused by the person or the group of persons. The person or the group of persons may request legal counsel at any time during the period of imposition of the isolation, quarantine or other public health measure.

�� (2) If a person is unable to afford legal counsel, the executive director of the Oregon Public Defense Commission shall determine and pay, as provided in ORS 135.055, the reasonable expenses of the person and compensation for legal counsel appointed to represent the person. [2007 c.445 �11; 2023 c.281 �75]

�� 433.470 [Amended by 1973 c.779 �16; repealed by 1981 c.198 �2]

�� 433.475 [Amended by 1979 c.590 �2; 1979 c.828 �8; repealed by 1981 c.198 �2]

�� 433.480 [Repealed by 1981 c.198 �2]

�� 433.485 [Repealed by 1981 c.198 �2]

�� 433.490 [Amended by 1973 c.779 �17; repealed by 1981 c.198 �2]

�� 433.495 [Amended by 1967 c.187 �1; 1973 c.779 �18; repealed by 1981 c.198 �2]

�� 433.500 [Amended by 1967 c.187 �2; 1973 c.779 �19; repealed by 1981 c.198 �2]

INDOOR AIR POLLUTION

�� 433.502 Definitions. As used in ORS 433.502 to 433.526, 455.445 and 468A.775 to 468A.785:

�� (1) �Office workplace� means any enclosed nonmanufacturing indoor area, located in a building of more than 4,000 square feet, and in which 50 or more employees, as defined in ORS 654.005 spend any part of their working hours.

�� (2) �Public area� means any enclosed indoor area open to and frequented by the public and where, during a representative 24-hour period the number of public occupants exceeds the number of employees, except private residences. �Public area� includes a health care facility as defined in ORS 442.015.

�� (3) �Remodeling� means any change, addition or modification in the ventilation system for which a building permit is or was required.

�� (4) �Significant indoor air pollutant� means any solid, liquid, semisolid, dissolved solid, biological organism, aerosol or gaseous material, including combinations or mixtures of substances, which has an adverse effect on human health and has been designated by the state for regulation under ORS 433.502 to 433.526,

ORS 433.850

433.850 or a rule adopted under ORS 433.835 to 433.875. Penalties imposed under this paragraph must be collected in the manner provided in ORS 441.705 to 441.745. All moneys recovered under this paragraph shall be paid into the State Treasury and credited to:

�� (A) The Tobacco Use Reduction Account established under ORS 431A.153, if the violation concerns nicotine; or

�� (B) The Oregon Health Authority Fund established under ORS 413.101, if the violation concerns an inhalant other than nicotine.

�� (2) In carrying out its duties under this section, the authority is not authorized to require any changes in ventilation or barriers in a public place or place of employment. This subsection does not limit the power of the authority to enforce the requirements of any other provision of law.

�� (3) In public places that the authority regularly inspects, the authority shall check for compliance with the provisions of ORS 433.835 to 433.875. In other public places and places of employment, the authority shall respond to complaints, notifying the proprietor or person in charge of the requirements of ORS 433.835 to 433.875. If repeated complaints are received, the authority may take appropriate action to ensure compliance.

�� (4) When a county has assumed responsibility of the duties and responsibilities under ORS 446.425 and 448.100, or contracted with the authority under ORS 190.110, the county is responsible for enforcing the provisions of ORS 433.835 to 433.875 and has the same enforcement power as the authority. [1981 c.384 �6; 1991 c.734 �21; 2001 c.104 �162; 2001 c.990 �6; 2003 c.309 �6; 2007 c.445 �36; 2007 c.602 �5; 2009 c.595 �686; 2011 c.597 �84a; 2015 c.158 �19]

�� 433.860 Enforcement. The Oregon Health Authority or local public health authority, as defined in ORS

ORS 441.765

441.765 (2)(a); and

�� (d) The provisions of ORS 441.770 (1) and (8)(b).

�� (2) The authority shall convene a subcommittee of the Nurse Staffing Advisory Board established in ORS 441.761 to advise the authority in the adoption of rules under this section. The subcommittee must have equal representation of hospital employees and hospital managers and shall include individuals representing labor organizations and organizations representing hospitals. [2023 c.507 �28]

�� Note: See note under 441.761.

�� 441.810 [Formerly 441.510; repealed by 1979 c.284 �199]

MISCELLANEOUS

�� 441.815 Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited; rules. (1) As used in this section:

�� (a) �Hospital� has the meaning given that term in ORS 442.015.

�� (b) �Inhalant delivery system� has the meaning given that term in ORS 431A.175.

�� (2) The administrator or person in charge of a hospital may not permit a person to smoke tobacco or use an inhalant delivery system in a manner that creates an aerosol or vapor:

�� (a) In the hospital; or

�� (b) Within 10 feet of a doorway, open window or ventilation intake of the hospital.

�� (3) The Director of the Oregon Health Authority may impose a civil penalty of not more than $500 per day on a person for violation of subsection (2) of this section. Civil penalties imposed against a person under this subsection may not exceed $2,000 in any 30-day period. Civil penalties imposed under this subsection shall be imposed in the manner provided by ORS 183.745.

�� (4) The Oregon Health Authority may adopt rules necessary for the administration of this section. [Formerly 441.515; 1977 c.173 �1; 1983 c.740 �160; 2007 c.602 �8; 2009 c.595 �745; 2015 c.158 �23]

�� 441.816 Influenza vaccines for patients 65 years of age or older; rules. (1) Subject to subsection (2) of this section, from October 1 through March 1 of each year, each hospital in this state shall make an offer to each patient of the hospital who is 65 years of age or older to immunize the patient against the influenza virus, provided that immunization against the influenza virus is not contraindicated for that patient.

�� (2) Offers made under subsection (1) of this section must be based on:

�� (a) The availability of the influenza vaccine at the time the offer is made; and

�� (b) Any applicable recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

�� (3) The Oregon Health Authority may adopt rules to implement this section. [2015 c.496 �2]

�� 441.820 Procedure for termination of physician�s privilege to practice medicine at health care facility; immunity from damage action for good faith report. (1) When a health care facility restricts or terminates the privileges of a physician to practice medicine at that facility, it shall promptly report, in writing, to the Oregon Medical Board all the facts and circumstances that resulted in the restriction or termination.

�� (2) A health care facility which reports or provides information to the Oregon Medical Board under this section and which provides information in good faith shall not be subject to an action for civil damages as a result thereof. [1977 c.448 �7]

�� 441.825 Authority of hospital to require medical staff to provide professional liability insurance. (1) A governing body of a hospital licensed under ORS 441.015 to 441.119 and

ORS 446.200

446.200 or rules adopted under those sections or adopt temporary permitting and operating and construction standards in lieu of the requirements if the director determines that:

�� (1) The waiver is necessary or advisable to allow for the rapid development of a manufactured dwelling park approved under ORS 197A.440; and

�� (2) The waiver will not jeopardize the health and safety of the occupants of the manufactured dwelling park. [2021 c.260 �4]

�� Note: 446.198 was added to and made a part of 446.003 to 446.200 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

�� 446.200 Exemption from additional regulations. A manufactured dwelling that is constructed in conformity with the minimum safety standards provided by ORS 446.185 and that bears an insignia of compliance is not required to comply with any additional regulations if the dwelling is thereafter placed upon a permanent foundation and affixed to real property. [Formerly 446.165; 1989 c.648 �20; 1991 c.226 �6; 1995 c.251 �4; 2019 c.422 �7]

�� 446.210 [1969 c.295 �12; 1989 c.648 �21; 1993 c.744 �54; 2003 c.14 �266; 2005 c.758 �7; 2007 c.271 �1; repealed by 2017 c.364 �1]

�� 446.220 [1975 c.566 �2; repealed by 1983 c.65 �1]

�� 446.225 Administration and enforcement of federal manufactured housing safety and construction standards; rules. (1) The Legislative Assembly intends to provide a procedure to assure that Oregon assumes fullest responsibility for administration and enforcement of federal manufactured housing safety and construction standards in Oregon in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

�� (2) The Director of the Department of Consumer and Business Services is authorized to apply for and receive grants from the Secretary of Housing and Urban Development for implementation and development of a plan for enforcement and administration of federal manufactured housing safety and construction standards for manufactured housing offered for sale or lease in this state.

�� (3) The director is authorized to adopt rules pursuant to ORS chapter 183 to insure acceptance by the Secretary of Housing and Urban Development of Oregon�s plan for administration and enforcement of federal manufactured housing safety and construction standards in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law 93-383). [1975 c.546 �2; 1989 c.648 �22]

�� 446.230 Safety and construction standards for installation, support and tiedown; rules; when installer license not required. (1) The Director of the Department of Consumer and Business Services shall, by administrative rule, adopt and enforce safety and construction standards for installation, support and tiedown of manufactured dwellings on a lot. These safety standards shall be reasonably consistent with nationally recognized standards for placement, support and tiedown of manufactured dwellings, and shall be designed to protect the health and safety of occupants of manufactured dwellings against uplift, sliding, rotation and overturning of manufactured dwellings.

�� (2) The director shall designate wind pressure zones in which the rules for tiedown of manufactured dwellings shall apply.

�� (3) Except as provided in ORS 446.395, an installer is not required to be licensed by the director to connect utilities from utility terminations provided on a lot to manufactured dwellings. [1975 c.546 �3; 1989 c.648 �23; 1991 c.226 �7; 1993 c.744 �55]

�� 446.240 Safety standards for accessory structures; rules. The Director of the Department of Consumer and Business Services shall adopt and enforce rules establishing safety standards for construction and installation of accessory buildings and structures. Prefabricated and site-built accessory buildings and structures shall be consistent with the provisions of the state building code adopted pursuant to ORS 455.020 and 455.110 except where application of such standards would conflict with standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 and would prevent the Department of Consumer and Business Services from enforcing the federal Act in Oregon. [1975 c.546 �4; 1989 c.648 �24]

�� 446.245 Permitted uses of manufactured dwellings. (1) Manufactured dwellings shall be used as single-family dwellings.

�� (2) Manufactured dwellings shall not be used for commercial purposes.

�� (3) Exceptions to subsections (1) and (2) of this section are:

�� (a) Manufactured dwellings may be used for purposes other than as a single-family dwelling when specifically approved for a change in occupancy in accordance with the provisions of the Oregon specialty codes by the authority having jurisdiction. When a manufactured dwelling changes in occupancy it shall lose its identity as a manufactured dwelling and have the insignia removed and returned to the Department of Consumer and Business Services.

�� (b) Manufactured dwellings may be used by dealers or distributors as temporary sales offices if:

�� (A) No alterations to the design, construction, transportation, fire and life safety, plumbing, mechanical or electrical systems are made to accommodate the office use; and

�� (B) The dealer or distributor continues to offer the manufactured dwelling for sale during the office use.

�� (c) A portion of a manufactured dwelling may be used for an in-house business when the remainder of the dwelling is used as a single-family dwelling by the same person. Approval for the type and location of an in-home business must be obtained from the authority having jurisdiction and the local planning commission prior to the use. [1991 c.478 �2; 2019 c.422 �8]

�� Note: 446.245 was added to and made a part of 446.155 to 446.285 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 446.250 Duties of director; agreements with local governments; conditions. The Director of the Department of Consumer and Business Services shall cause inspections to be made, approve plans and specifications, provide technical services and issue permits for alteration of manufactured dwellings, for installation of manufactured dwellings or accessory buildings or structures on a lot and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations. The director shall appoint or contract with municipalities that request such appointment or contract for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations, if the municipality employs as local inspectors qualified persons who have been certified by the director for inspection and issuance of permits for manufactured dwelling alterations, for installations of manufactured dwellings or accessory buildings or structures and for alterations of plumbing, heating, illuminating, cooking or electrical equipment installations under ORS 446.003, 446.111, 446.155, 446.160, 446.176,

ORS 446.320

446.320, 446.330 to 446.340, 446.345, 446.350 and 446.990 if the director determines that the county is able to carry out the rules of the Oregon Health Authority relating to fee collection, inspections, enforcement and issuance and revocation of permits and licenses in compliance with standards for enforcement by the counties and monitoring by the authority. The authority shall review and monitor each county�s performance under this subsection. In accordance with ORS chapter 183, the director may suspend or rescind a delegation under this subsection. If it is determined that a county is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the authority for carrying out the duties and functions under this section.

�� (2) The county may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section. The amount of the fees shall not exceed the costs of administering the inspection program. The county, quarterly, shall remit 15 percent of an amount equal to the state licensing fee or 15 percent of the county license fee whichever is less, to the authority for consultation service and maintenance of the statewide program.

�� (3) In any action, suit or proceeding arising out of county administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the authority, the authority shall be made a party to the action, suit or proceeding. [1973 c.560 �21a; 1975 c.790 �1; 1975 c.793 �14; 1983 c.250 �1; 1983 c.370 �3; 1983 c.707 �20; 2009 c.595 �825; 2015 c.736 �92]

�� 446.430 Delegation to county or city to administer rules regulating parks; fees. (1) The Department of Consumer and Business Services shall delegate to any county board of commissioners or city governing body which requests any of the authority, responsibilities and functions of the department under ORS 446.062 if the department determines that the county or city is willing and able to carry out the rules of the department relating to fee collection, plan review, inspections, enforcement and issuance and revocation of permits in compliance with standards for enforcement by the counties or cities and monitoring by the department. Such standards shall be established by the department in consultation with the appropriate county or city officials and in accordance with ORS 446.062. The department shall review and monitor each county�s or city�s performance under this subsection. In accordance with ORS chapter 183, the department may suspend or rescind a delegation under this subsection. If it is determined that a county or city is not carrying out such rules or the delegation is suspended, the unexpended portion of the fees collected under subsection (2) of this section shall be available to the department for carrying out the authority, responsibility and functions under this section.

�� (2) The county or city may determine the amount of, and retain, any fee for any function undertaken pursuant to subsection (1) of this section. The amount of the fees shall not exceed the costs of administering the inspection program. The county or city, quarterly, shall remit 15 percent of the collected fees to the department for monitoring county or city programs and for providing informational material necessary to maintain a uniform state program.

�� (3) The department shall be made a party to any action, suit or proceeding arising out of county or city administration of functions pursuant to subsection (1) of this section and involving the validity of a rule adopted by the department. [1983 c.707 �20b; 1987 c.414 �25; 1993 c.744 �64]

APPLICABILITY

�� 446.435 Nonapplication of ORS 446.003 to 446.140 and 446.310 to 446.350 to sleeping rooms or temporary camping sites. Neither ORS 446.003 to 446.140 nor 446.310 to 446.350 apply to:

�� (1) Any structure designed for and occupied as a single family residence in which no more than two sleeping rooms are provided on a daily or weekly basis for the use of no more than a total of six travelers or transients at any one time for a charge or fee paid or to be paid for the rental or use of the facilities; or

�� (2) Any temporary camping sites used solely and incidentally in the course of backpacking, hiking, horseback packing, canoeing, rafting or other such expedition, unless such expedition is a part of an organizational camp program. [1981 c.650 �4]

�� Note: 446.435 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 446.440 Application of condominium provisions to parks. (1) The provisions of ORS 100.005 to 100.910 may be applied to a mobile home or manufactured dwelling park as defined in this chapter.

�� (2) Notwithstanding the provisions of subsection (1) of this section a mobile home or manufactured dwelling park is not a condominium for purposes of local zoning and planning provisions. [1987 c.459 �40; 1989 c.648 �30]

�� Note: 446.440 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 446.510 [1959 c.314 �1; 1961 c.610 �16; repealed by 1973 c.833 �48]

�� 446.515 [1989 c.918 �2; 2005 c.619 �24; 2019 c.625 �15; renumbered 456.407 in 2019]

�� 446.520 [1959 c.314 �2; 1971 c.588 �2; repealed by 1973 c.833 �48]

�� 446.525 [1989 c.918 �3; 1999 c.676 �28; 2007 c.71 �134; 2007 c.906 �43; 2015 c.217 �2; 2019 c.533 �2; 2019 c.625 ��17,23; renumbered 456.418 in 2019]

�� 446.530 [1959 c.314 �3; 1971 c.588 �3; repealed by 1973 c.833 �48]

�� 446.533 [1989 c.918 �4; 2007 c.217 �3; 2019 c.625 �3; renumbered 456.414 in 2019]

�� 446.535 [1971 c.588 �13; repealed by 1973 c.833 �48]

�� 446.537 [1989 c.918 �5; repealed by 1991 c.844 �22]

�� 446.540 [1959 c.314 �4; repealed by 1973 c.833 �48]

�� 446.543 [1989 c.918 �8; 1995 c.28 �1; 1997 c.577 �45; 1999 c.676 �29; 2003 c.21 �3; 2005 c.22 �318; 2007 c.906 �9; 2019 c.625 �4; renumbered 456.403 in 2019]

�� 446.545 [1971 c.588 �9; repealed by 1973 c.833 �48]

�� 446.547 [1989 c.918 �10; 2019 c.625 �16; renumbered 90.769 in 2019]

�� 446.550 [1959 c.314 �5; repealed by 1973 c.833 �48]

�� 446.560 [1959 c.314 �6; repealed by 1973 c.833 �48]

MANUFACTURED STRUCTURE OWNERSHIP RECORDS

�� 446.561 Definitions for ORS 446.566 to 446.646. As used in ORS 446.566 to 446.646:

�� (1) Except as provided in subsection (2) of this section, �manufactured structure� means:

�� (a) A manufactured dwelling. As used in this paragraph, �manufactured dwelling� has the meaning given that term in ORS 446.003 and also includes a structure that would meet the definition in ORS 446.003 except that the structure is being used for other than residential purposes.

�� (b) A prefabricated structure, as defined in ORS 455.010, that is relocatable and more than eight and one-half feet wide.

�� (2) �Manufactured structure� does not include a mobile modular unit as defined in ORS 308.866 or an implement of husbandry as defined in ORS 801.310. [2003 c.655 �8; 2019 c.422 �15; 2019 c.585 �10a]

�� Note: 446.561 to 446.646 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 446 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 446.566 Ownership document contents. The following information must be recorded on the ownership document issued for a manufactured structure by the Department of Consumer and Business Services:

�� (1) All ownership interests, for a manufactured structure sold in this state.

�� (2) A change in location, for a manufactured structure that has been sited in this state.

�� (3) The manufactured structure identification number as described by department rule.

�� (4) The manufacturer�s name and, if available, the model of the manufactured structure.

�� (5) The identifying physical characteristics of the manufactured structure, including but not limited to the total square footage of the living area, type of siding, type of roof, number of bedrooms, number of bathrooms and types of heating and cooling.

�� (6) If the ownership document is issued due to sale of the manufactured structure, the most recent sales price and date of sale for the manufactured structure.

�� (7) Any other information required by department rule. [2003 c.655 �9; 2007 c.502 �1]

�� Note: See note under 466.561.

�� 446.568 Provision of certain ownership document information to Department of Consumer and Business Services. (1) Except as provided in this subsection, if a manufactured structure is purchased from or otherwise acquired through a manufactured structure dealer, the dealer shall provide the information described in ORS 446.566 (3) to (7) to the Department of Consumer and Business Services. A manufactured structure dealer is not required to provide the information to the department if the dealer complies with an instruction from the purchaser to provide the information to a lender, escrow agent, title company or other designee of the purchaser. A lender, escrow agent, title company or other designee of the purchaser that receives the information described in ORS 446.566 (3) to (7) from a manufactured structure dealer shall provide the information to the department. However, the provision of information described in ORS 446.566 (3) to (7) to the purchaser does not excuse a manufactured structure dealer from the duty to provide the information to the department.

�� (2) If the manufactured structure is sold by or otherwise acquired through a person other than a manufactured structure dealer, the information described in ORS 446.566 (3) to (7) shall be provided to the department:

�� (a) By the seller if title is being transferred by a sale;

�� (b) By the person to whom the ownership interest is being transferred if title is being transferred by operation of law; or

�� (c) By the owner if the owner will have a recorded ownership interest in the manufactured structure after issuance of the ownership document. [2007 c.502 �3]

�� Note: See note under 446.561.

�� 446.570 [1959 c.314 �7; 1971 c.588 �5; repealed by 1973 c.833 �48]

�� 446.571 Ownership document application; records; notice of security interest. (1)(a) Except as provided in paragraph (b) of this subsection, the owner of a manufactured structure shall apply to the Department of Consumer and Business Services for an ownership document. Upon receipt of an application in appropriate form as described in ORS 446.736 (2), the Department of Consumer and Business Services shall issue an ownership document for a manufactured structure. Except as provided in ORS

ORS 447.118

447.118 and the rules adopted thereunder, the Department of Consumer and Business Services, with the assistance of the Oregon Health Authority:

�� (1) May conduct periodic inspections of any compost toilet;

�� (2) Upon making a finding that a compost toilet is in violation of the rules adopted pursuant to ORS 447.118 (2), may issue an order requiring the owner of the dwelling served by the compost toilet to take action necessary to correct the violation; and

�� (3) Upon making a finding that a compost toilet presents or threatens to present a public health hazard creating an emergency requiring immediate action to protect the public health, safety or welfare, may issue an order requiring the owner of the dwelling served by the compost toilet to take any action necessary to remove such hazard or threat thereof. If such owner fails to take the actions required by such order, the department shall take such action, itself or by contract with outside parties, as necessary to remove the hazard or threat thereof. The department shall keep a record of all necessary expenses incurred by the department in carrying out such action, including a reasonable charge for costs incurred and equipment and materials utilized by the state. Any owner who fails to take action required by an order issued under this subsection shall be responsible for such necessary expenses incurred by the state. Based on the record compiled by the department, an owner responsible for expenses due to the failure of a manufacturer, distributor or person to comply with the rules adopted under ORS 447.118 (2) shall have a setoff against the bond or other security forfeited under ORS 447.118 (3) to the extent that such expenses are due to such failure of the manufacturer, distributor or person. The department shall make a finding and enter an order against the owner for the necessary expenses. Orders issued under this section may be appealed pursuant to ORS chapter 183 but not as a contested case. Any amount due the department under this subsection and not paid in full within 30 days after the order is entered, or, if the order is appealed, within 30 days after there is no further right to appeal, shall become a lien upon the dwelling of the owner. The department shall file a notice of the lien with the recording officer of the county in which the dwelling is located and the recording officer shall record the notice in a manner designed to appear in the mortgage records of the county.

�� (4) The department may contract with any state or local agency for the purpose of carrying out the provisions of this section. [1977 c.523 �4; 1983 c.740 �167; 2009 c.595 �826]

�� 447.130 [Repealed by 1973 c.834 �46]

�� 447.135 [1967 c.308 ��2,3,4; 1983 c.676 �29; renumbered 480.557]

�� 447.140 Waste water and sewage from plumbing fixtures; requirements; prohibitions. (1) All waste water and sewage from plumbing fixtures shall be discharged into a sewer system or alternate sewage disposal system approved by the Environmental Quality Commission or Department of Environmental Quality under ORS chapters 468, 468A and 468B.

�� (2) No plumbing fixture, device or equipment shall be installed, maintained or offered for sale which will provide a cross-connection between the distributing system of water for drinking and domestic purposes and any other water supply, or a drainage system, soil or waste pipe so as to permit or make possible the backflow of contaminated water, sewage or waste into the water supply system.

�� (3) No flush valve, vacuum breaker or syphon preventer shall be offered for sale or installed that has not been approved by the Department of Consumer and Business Services with the approval of the State Plumbing Board.

�� (4) The use or installation of water-operated sump pumps or sewage ejectors, if connected to the potable water supply, is prohibited.

�� (5) No pan, plunger, offset washout, washout, long hopper, frost proof or other water closets having invisible seals or unventilated spaces, or walls not thoroughly washed at each flushing, shall be installed or sold for use in any building.

�� (6) No plumbing fixture, appurtenance or device, the installation of which would be in violation of the state plumbing specialty code and the rules of the department approved by the board shall be sold, offered for sale or installed. [Amended by 1955 c.548 �10; 1961 c.545 �1; 1973 c.835 �231; 1981 c.438 �39; 1993 c.744 �72]

�� 447.145 Standards for fixtures; exemptions; rules. (1) All new fixtures approved for installation during construction, reconstruction, alteration and repair of buildings and other structures under ORS 447.020 shall comply with rules adopted by the Director of the Department of Consumer and Business Services. The rules shall be consistent with performance requirements and test procedures established by the American National Standards Institute, or other equivalent recognized North American standards and procedures. Except for used fixtures allowed under subsection (4) of this section, the average amount of water used by new or replacement fixtures under the applicable test procedures shall not exceed:

�� (a) 1.6 gallons or 6.06 liters per flush for toilets;

�� (b) 1.0 gallons or 3.785 liters per flush for urinals;

�� (c) 2.5 gallons or 9.46 liters per minute for shower heads; and

�� (d) 2.5 gallons or 9.46 liters per minute for interior faucets.

�� (2) Notwithstanding subsection (1) of this section, the director by rule shall provide for exemptions to the requirements under subsection (1) of this section if:

�� (a) The reconstruction, alteration or repair of a building does not include the installation of new or replacement toilets or urinals, shower heads or faucets within the building;

�� (b) Due to the capacity, design or installation of the plumbing or sewage system within an existing building, toilets or urinals required by subsection (1) of this section would, if installed in the building, be unable to meet the performance requirements of the American National Standards Institute or other equivalent recognized North American standards as adopted by rule;

�� (c) The fixtures and fittings necessary to perform a specialized function, including but not limited to emergency showers and aspirator faucets, cannot meet the requirements;

�� (d) The installation of fixtures that do not comply with subsection (1) of this section is necessary to maintain the historic character of a structure classified as historic property under ORS 358.480 to 358.545; or

�� (e) The fixtures and fittings to be installed are specifically designed to withstand unusual abuse or installation in a penal institution or are located in an area with special needs, such as a laboratory, hospital, nursing home or other health care facility.

�� (3) No person shall sell or offer for sale any new toilet, urinal, shower head or faucet that has not been approved under ORS 447.020.

�� (4) On or after December 31, 1995, no person shall sell or offer for sale any used toilet, urinal, shower head or interior faucet that does not meet the conservation standards established in subsection (1) of this section.

�� (5) The director shall adopt rules and regulations for marking, labeling or otherwise identifying fixtures that meet the standards of this section. [1991 c.945 ��2,3,4,5; 1993 c.207 �1; 2001 c.104 �185; 2001 c.540 �23; 2025 c.209 �19]

�� 447.150 [1969 c.452 �1; repealed by 1979 c.57 �3]

(Plumbing Products Regulations)

�� 447.152 Plumbing products rules; standards; certification. In compliance with ORS chapter 183, the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, shall adopt rules, including but not limited to:

�� (1) Governing minimum safety standards for design and construction of plumbing products to be sold or disposed of in this state.

�� (2) Establishing procedures for certification of plumbing products.

�� (3) Establishing criteria for approval of plumbing product testing laboratories and listing agencies, including but not limited to:

�� (a) Independence from manufacturers, vendors and when applicable, testing laboratories;

�� (b) Ethical testing and business standards;

�� (c) Test quality control;

�� (d) Continuity of monitoring continuing product safety;

�� (e) Certification and listing procedures; and

�� (f) Record keeping.

�� (4) Providing for certified or listed product identification.

�� (5) Establishing criteria for approval of a plumbing product by a special deputy similar to those rules established for testing laboratories.

�� (6) Governing the internal organization and procedure for administering and enforcing ORS

ORS 447.992

447.992 shall be disposed of in accordance with ORS 693.165. [1981 c.438 �42]

(Fixture Installation Regulations)

�� 447.100 Restriction on tank-type water closets in certain buildings. (1) No new hotel, motel, apartment house, dwelling, office building or other structure shall be constructed which employs a tank-type water closet that is not approved by the Director of the Department of Consumer and Business Services, with the approval of the State Plumbing Board, as meeting adequate standards of safety and sanitation.

�� (2) The director, with the approval of the board, shall cause to have adopted and published, pursuant to ORS chapter 183, a list of approved types of tank-type water closets meeting the requirements of this section. [1977 c.171 �2; 1981 c.438 �36; 1985 c.590 �2; 1993 c.744 �70]

�� 447.105 [1977 c.171 �3; 1981 c.438 �37; repealed by 1987 c.453 �1]

�� 447.110 [Amended by 1963 c.194 �1; 1969 c.443 �1; 1973 c.835 �229; repealed by 1973 c.834 �46]

�� 447.115 �Compost toilet� defined. As used in ORS 447.118 and 447.124, �compost toilet� means a permanent, sealed, water-impervious toilet receptacle screened from insects, used to receive and store only human wastes, urine and feces, toilet paper and biodegradable garbage, and ventilated to utilize aerobic composting for waste treatment. [1977 c.523 �2]

�� 447.118 Standards for compost toilets; rules; security required of certain installers. (1) Nothing in ORS 447.010 to

ORS 451.550

451.550 to 451.560. The activities of the district may be financed by any method authorized by ORS 451.490 and 451.520 to 451.547. Plans adopted by the district may be enforced as provided by ORS 451.130.

�� (3) The district governing body shall appoint an advisory committee of not less than 11 members who are electors resident in the district or owners of land in the district. The committee shall advise the governing body in carrying out the provisions of this section. It shall meet with the governing body at the times and places determined by the committee and governing body jointly. [1971 c.674 �4; 1993 c.792 �26]

�� 451.560 Agreements for cooperative financing of service facilities or for use, lease or joint operation of service facilities. (1) The district may enter into agreements with any city, any county, the federal government, the state or any of its agencies, any district organized for a public purpose or any person for a period not to exceed 30 years for the cooperative financing of the construction, maintenance and operation of service facilities.

�� (2) The district may enter into agreements with any county, city, district organized for a public purpose or person for the use, lease or joint operation of any service facilities, or any portion thereof. [1955 c.685 �16; 1963 c.515 �21; 1973 c.785 �23]

�� 451.562 [1963 c.515 �21b; 1965 c.475 �1; 1967 c.248 �4; 1969 c.646 �13; 1971 c.291 �1; 1971 c.727 �134; repealed by 1973 c.785 �32]

�� 451.563 [1967 c.248 ��2,3; repealed by 1969 c.646 �18]

�� 451.564 [1967 c.538 �4; repealed by 1971 c.727 �203]

�� 451.565 [1961 c.576 �21; 1965 c.304 �1; repealed by 1969 c.646 �18]

�� 451.566 [1971 c.291 �3; repealed by 1973 c.785 �32]

�� 451.568 [1973 c.211 �4; repealed by 2015 c.283 �2]

�� 451.570 Regulations for sewage disposal, solid waste disposal, street cleaning and other authorized purposes. (1) For the protection of the public health, safety and general welfare, the district may adopt and enforce reasonable and necessary regulations for:

�� (a) The control of sewage disposal in the district.

�� (b) The storage, collection, transportation and disposal of solid wastes within the district where such regulations are supplemental to the requirements of the regulations of the Environmental Quality Commission adopted pursuant to ORS 459.045 and are necessary to meet special local conditions.

�� (c) The cleanliness of roads and streets of the district.

�� (d) The management of storm and surface water discharge, including standards relating to the quantity and quality of such discharges.

�� (e) All other purposes consistent with the type of service facilities the district is authorized to construct, operate and maintain and not in conflict with the laws of this state.

�� (2) Such regulations shall be adopted in accordance with ORS 198.510 to 198.600. [1955 c.685 �17; 1967 c.428 �9; 1969 c.593 �41; 1971 c.268 �18; 1971 c.648 �28; 1973 c.785 �24; 1989 c.374 �7]

�� 451.572 Certain special districts excluded from water supply county service districts. No part of the territory of a district proposed to be formed for the purposes authorized in ORS 451.010 (1)(f) as amended by section 1, chapter 287, Oregon Laws 1977, shall include territory within the boundaries of a district formed to supply water under ORS chapter 198, 261, 264 or 450 unless the governing bodies of the affected districts, by resolution, approve the inclusion of their territories prior to the hearing held under ORS 198.805 for formation of the new district. [1977 c.287 �2]

�� Note: 451.572 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 451 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 451.573 Definitions for ORS 451.573 to 451.577. As used in ORS 451.573 to 451.577:

�� (1) �District� means, in addition to the meaning given that term in ORS 451.410, a county service district organized under the authority of a county charter.

�� (2) �Special district� means any one of the following districts:

�� (a) A drainage district organized under ORS chapter 547.

�� (b) A park and recreation district organized under ORS chapter 266.

�� (c) A highway lighting district organized under ORS chapter 372.

�� (d) A sanitary district organized under ORS chapter 450.

�� (e) A diking district organized under ORS chapter 551.

�� (f) A special road district organized under ORS 371.305 to 371.360.

�� (g) A road assessment district organized under ORS 371.405 to 371.535.

�� (3) �Special district� also means one of the following, if the special district is within the geographical jurisdiction of a local government boundary commission formed by or pursuant to ORS 199.410 to 199.519:

�� (a) A domestic water supply district organized under ORS chapter 264.

�� (b) A cemetery maintenance district organized under ORS chapter 265.

�� (c) A health district organized under ORS 440.305 to 440.410.

�� (d) A vector control district organized under ORS 452.020 to 452.170.

�� (e) A rural fire protection district organized under ORS chapter 478.

�� (f) A weather modification district organized under ORS 558.200 to 558.440.

�� (g) A geothermal heating district organized under ORS chapter 523. [1965 c.475 �4; 1969 c.646 �14a; 1971 c.674 �2; 1973 c.785 �25; 1975 c.782 �52; 1985 c.472 �2; 2003 c.14 �275]

�� 451.575 Withdrawal of special district before formation of or annexation to county service district; debt distribution plan; delivery of assets and records. If a district is authorized to construct, maintain and operate service facilities to provide services that are provided by a special district:

�� (1) The area within a special district described by ORS 451.573 (2)(a) shall not be included in or annexed to a district if prior to or at the hearing on the formation of or annexation to such district the governing body of the special district files with the governing body of the district a resolution withdrawing the area within the special district.

�� (2) When the formation of or annexation to a district is initiated, and the area to be incorporated or annexed includes the entire area within a special district, the governing board of the special district and the governing body of the district shall meet with each other to agree on a debt distribution plan to be a part of the proposed incorporation or annexation. The debt distribution plan may require that the property within the special district remain solely liable for all bonded indebtedness outstanding at the time of incorporation or annexation or it may provide for any other distribution of indebtedness between the district and the special district. If the governing boards do not agree on a debt distribution plan or if the area within the special district remains liable under the plan for any portion of the indebtedness outstanding at the time of the incorporation or annexation, and dissolution and transfer, the governing body of the district shall be the ex officio board of the dissolved special district for the purpose of levying taxes in such area until the bonded and other indebtedness of the dissolved special district is paid.

�� (3) The consent of all the known holders of valid indebtedness against the special 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 special district shall not by reason of the incorporation or annexation and dissolution and transfer be relieved from liabilities and indebtedness previously contracted by the dissolving special district.

�� (4) The district officers of the special district, upon the effective date of the incorporation or annexation, shall forthwith deliver to the governing body of the district, the assets and records of the special district. Uncollected taxes, assessments or charges thereof levied by the special district shall become the property of the district and upon collection shall be credited to the account of such district. [1969 c.646 �15; 1973 c.785 �26; 2003 c.14 �276; 2005 c.510 �3]

�� 451.577 Dissolution of special district; service district to succeed. (1) Subject to ORS 451.575, upon the effective date of the formation of a district, of an annexation of territory to a district or of an order that adds drainage works to the authority of a service district, a special district lying within the district shall be extinguished and dissolved and the district shall succeed to all the assets and become charged with all the liabilities, obligations and functions of the special district.

�� (2) Subsection (1) of this section applies:

�� (a) If the entire area of a special district is incorporated in or annexed to a district; and

�� (b) If the district has the authority to provide the same service as the special district. [1965 c.475 �3; 1969 c.646 �14; 1973 c.785 �27; 1989 c.374 �8]

�� 451.580 Disposition of moneys received under ORS 451.410 to 451.610. (1) Except as otherwise provided in ORS 451.410 to 451.610, all moneys received by a district shall be paid to the county treasurer and deposited by the county treasurer in an appropriate district fund. The county treasurer, when ordered by a district governing body, shall establish separate accounts in the district fund or separate funds in the county treasury for the segregation of sinking or reserve funds or accounts, of operating funds or accounts or of any other funds or accounts found necessary or expedient by the district. However, no moneys received by a district shall be used for any purpose other than for carrying out the purposes of ORS 451.410 to

ORS 453.030

453.030; 1977 c.582 �50]

�� 453.185 False representation by purchaser prohibited. It is unlawful for any person to give a fictitious name or make any false representations to the seller or dealer when buying any of the poisons or any caustic or corrosive substances specified in ORS 453.005 (14) or in the rules of the State Board of Pharmacy. [Formerly 453.070; 1977 c.582 �51]

ART AND CRAFT MATERIALS

(Generally)

�� 453.205 Definitions for ORS 453.205 to 453.275. As used in ORS 453.205 to 453.275:

�� (1) �Art or craft material� means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or principal importer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. �Art or craft material� does not include economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163) or drugs, devices or cosmetics, which are subject to the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040).

�� (2) �Authority� means the Oregon Health Authority.

�� (3) �Human carcinogen� means any substance listed as a human carcinogen by the International Agency for Research on Cancer.

�� (4) �Medium� includes, but is not limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs and leather and textile goods.

�� (5) �Potential human carcinogen� means one of the following:

�� (a) Any substance which does not meet the definition of human carcinogen, but for which there exists sufficient evidence of carcinogenicity in animals, as determined by the International Agency for Research on Cancer.

�� (b) Any chemical shown to be changed by the human body into a human carcinogen.

�� (6) �Toxic substance causing chronic illness� means any of the following:

�� (a) Human carcinogens.

�� (b) Potential human carcinogens.

�� (c) Any substance included in the list of hazardous substances prepared by the Department of Consumer and Business Services pursuant to the Hazard Communication Rule, Division 155, notwithstanding exemptions made for substances on the list which are used in particular forms, circumstances or concentrations, if the health hazard presented by the substance is not the subject of label statements required by federal law. [1985 c.539 �1; 2009 c.595 �890]

�� 453.210 [Repealed by 1971 c.409 �16]

�� 453.215 Legislative findings. The Legislative Assembly:

�� (1) Finds and declares that there exists a significant danger to the public health and safety from exposure to art or craft material which contains toxic chemicals. This health risk threatens not only professional artists and craftspersons, but art teachers, students at every educational level, hobbyists and children. Toxic substances may be employed during the course and scope of creating art or craft objects of all varieties.

�� (2) Finds and declares that present labeling of ingredients and hazards of art or craft material is insufficient to adequately protect the consumers of this state from chronic adverse health effects. Because many persons do not know what toxic chemical substances they work with, proper precautionary actions cannot be taken. Disclosure of toxic ingredients, their possible adverse effects on health, and instructions for safe handling, will substantially minimize unnecessary exposure to excessive risk.

�� (3) Finds and declares that it is consistent to impose upon those who manufacture, repackage and distribute art or craft material a duty to convey to consumers information about the potential health hazards of the products they manufacture.

�� (4) Finds and declares that school children are not sufficiently protected by present health laws insofar as materials which may be seriously harmful are not so labeled and therefore children are not properly warned as to the dangers inherent in the use of these materials.

�� (5) Intends by ORS 453.205 to 453.275 to insure that consumers be provided information concerning the nature of the toxic substances with which they are working and the known and suspected health hazards of these substances and to insure the uniformity of labeling standards, so that materials with similar hazards also have essentially similar labels and to insure that elementary school children are protected by prohibiting the sale of those toxic substances to schools and school districts for use in kindergarten and grades 1 through 6. [1985 c.539 �2]

�� 453.220 [Repealed by 1971 c.409 �16]

(Regulation; Prohibited Acts)

�� 453.225 When presumption of toxic ingredient arises. For the purposes of ORS 453.205 to 453.275, an art or craft material shall be presumed to contain an ingredient which is a toxic substance causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is one percent or more by weight of the mixture or product, or if the Oregon Health Authority determines that the toxic or carcinogenic properties of the art or craft material are such that labeling is necessary for the adequate protection of the public health and safety. [1985 c.539 �3; 2009 c.595 �891]

�� 453.230 [Repealed by 1971 c.409 �16]

�� 453.235 Distribution of material containing toxic substances; warnings required; exemptions. (1) No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person:

�� (a) Has failed to affix a conspicuous label containing the signal word �WARNING,� to alert users of potential adverse health effects.

�� (b) Has failed to affix a conspicuous label warning of the health-related dangers of the art or craft material. If a product contains:

�� (A) A human carcinogen, the warning shall contain the statement: �CANCER HAZARD! Overexposure may create cancer risk.�

�� (B) A potential human carcinogen and does not contain a human carcinogen, the warning shall contain the statement: �POSSIBLE CANCER HAZARD! Overexposure might create cancer risk.�

�� (C) A toxic substance causing chronic illness, the warning shall contain, but not be limited to, the following statement or statements where applicable:

�� (i) �May cause sterility or damage to reproductive organs.�

�� (ii) �May cause birth defects or harm to developing fetus.�

�� (iii) �May be excreted in human milk causing harm to nursing infant.�

�� (iv) �May cause central nervous system depression or injury.�

�� (v) �May cause numbness or weakness in the extremities.�

�� (vi) �Overexposure may cause damage to (specify organ).�

�� (vii) �Heating above (specify degrees) may cause hazardous decomposition products.�

�� (D) More than one chronically toxic substance, or if a single substance can cause more than one chronic health effect, the required statements may be combined into one warning statement.

�� (c) Has failed to affix on the label a list of ingredients that are toxic substances causing chronic illness.

�� (d) Has failed to affix on the label a statement or statements of safe use and storage instructions, conforming to the following list. The label shall contain, but not be limited to, as many of the following risk statements as are applicable:

�� (A) �Keep out of reach of children.�

�� (B) �When using, do not eat, drink or smoke.�

�� (C) �Wash hands after use and before eating, drinking or smoking.�

�� (D) �Keep container tightly closed.�

�� (E) �Store in well-ventilated area.�

�� (F) �Avoid contact with skin.�

�� (G) �Wear protective clothing (specify type).�

�� (H) �Wear National Institute of Occupational Safety and Health (NIOSH) certified masks for dusts, mists or fumes.�

�� (I) �Wear NIOSH certified respirator with appropriate cartridge for (specify type).�

�� (J) �Wear NIOSH certified supplied air respirator.�

�� (K) �Use window exhaust fan to remove vapors and ensure adequate ventilation (specify explosion proof if necessary).�

�� (L) �Use local exhaust hood (specify type).�

�� (M) �Do not heat above (specify degrees) without adequate ventilation.�

�� (N) �Do not use or mix with (specify material).�

�� (e) Has failed to affix on the label a statement on where to obtain more information, such as �call your local poison control center for more health information.�

�� (f) Has failed to affix on the label the name and address of the manufacturer.

�� (2)(a) If the information listed in subsection (1)(d) of this section cannot fit on the package label, a package insert shall be required to convey all the necessary information to the consumer. In this event, the label shall contain a statement to refer to the package insert, such as �CAUTION: See package insert before use.� The language on this insert shall be nontechnical and nonpromotional in tone and content.

�� (b) For purposes of this subsection, �package insert� means a display of written, printed or graphic matter upon a leaflet or suitable material accompanying the art supply.

�� (3) The requirements set forth in this section shall not be considered to be complied with unless the required words, statements or other information appear on the outside container or wrapper, or on a package insert that is easily legible through the outside container or wrapper and is painted in a color in contrast with the product or the package containing the product.

�� (4) The Oregon Health Authority may exempt a material from full compliance with ORS 453.205 to

ORS 455.202

455.202.

�� (2) A city that does not comply with ORS 455.202 or does not submit an updated operating plan as provided in subsection (1)(b) of this section may not procure services from a contract building official unless the city�s procurement occurs for the periods and under the circumstances described in ORS 455.202 (2)(a)(A) and (B). [2021 c.599 �5]

�� Note: See note under 455.202.

(Financial Administration)

�� 455.210 Fees; appeal of fees; surcharge; reduced fees; rules. (1) Fees shall be prescribed as required by ORS 455.020 for plan review and permits issued by the Department of Consumer and Business Services for the construction, reconstruction, alteration and repair of prefabricated structures and of buildings and other structures and the installation of mechanical heating and ventilating devices and equipment. The fees may not exceed 130 percent of the fee schedule printed in the �Uniform Building Code,� 1979 Edition, and in the �Uniform Mechanical Code,� 1979 Edition, both published by the International Conference of Building Officials. Fees are not effective until approved by the Oregon Department of Administrative Services.

�� (2) Notwithstanding subsection (1) of this section, the maximum fee the Director of the Department of Consumer and Business Services may prescribe for a limited plan review for fire and life safety as required under ORS 479.155 shall be 40 percent of the prescribed permit fee.

�� (3)(a) A municipality may adopt by ordinance or regulation such fees as may be necessary and reasonable to provide for the administration and enforcement of any specialty code or codes for which the municipality has assumed responsibility under ORS 455.148 or 455.150. A municipality shall give the director notice of the proposed adoption of a new or increased fee under this subsection. The municipality shall give the notice to the director at the time the municipality provides the opportunity for public comment under ORS 294.160 regarding the fee or, if the proposed fee is contained in an estimate of municipal budget resources, at the time notice of the last budget meeting is published under ORS

ORS 455.395

455.395 and 455.400:

�� (1) �Seismic rehabilitation� means construction of structural improvements to a building that result in the increased capability of the building to resist earthquake forces and that are based on standards adopted by the State of Oregon or by local governments.

�� (2) �Seismic rehabilitation agreement� means an agreement between a local government entity and a building owner pursuant to a seismic rehabilitation program for the phased completion of structural improvements to the owner�s building.

�� (3) �Seismic rehabilitation data� means data contained in any documents, reports, studies, test results, papers, files or other records that result from a seismic rehabilitation survey or are contained in a seismic rehabilitation agreement. �Seismic rehabilitation data� does not include data or reports required by ORS 455.447 or rules adopted pursuant thereto.

�� (4) �Seismic rehabilitation program� means any program enacted under an ordinance of a local government entity that provides for the seismic rehabilitation of buildings within the jurisdiction of the entity and authorizes the rehabilitation to be phased over a period of time not to exceed 10 years.

�� (5) �Seismic rehabilitation survey� means any investigation, survey, audit or other process for generating data from which the local government entity and the building owner may determine and agree upon the deficiencies that need to be addressed in a plan for the seismic rehabilitation of the owner�s building. [1995 c.400 �1]

�� Note: 455.390 to 455.400 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.395 Admissibility of data or agreements as evidence; immunity from certain causes of action. (1) No seismic rehabilitation data or seismic rehabilitation agreement is admissible in evidence to prove negligence or culpable acts or omissions in connection with injury, death or loss that occurs in an owner�s building as a result of the failure of the building to adequately withstand a seismic event. Such data or agreements are considered privileged and are excluded from evidence admitted in any legal action for the recovery of damages arising from the building�s failure due to seismic activity.

�� (2) A person may not maintain a cause of action against a building owner for injury, death or loss that occurs in the owner�s building as a result of a failure of the building to adequately withstand a seismic event, provided the owner was in substantial compliance with the terms and conditions of a seismic rehabilitation agreement on the date of the seismic event.

�� (3) The provisions of subsection (2) of this section shall apply only for the period during which the seismic rehabilitation agreement is in effect. [1995 c.400 �2]

�� Note: See note under 455.390.

�� 455.400 Effect of seismic rehabilitation provisions on exclusive remedy. Nothing in ORS 455.020, 455.390 and 455.395 and this section shall be construed as expanding or limiting the exclusive means by which subject workers and their beneficiaries are compensated for injury, death or disease arising out of and in the course of employment as provided in ORS chapter 656. [1995 c.400 �6]

�� Note: See note under 455.390.

�� Note: Section 3, chapter 797, Oregon Laws 2001, provides:

�� Sec. 3. Educational building seismic rehabilitation. Subject to available funding, if a building evaluated under section 2 (4), chapter 797, Oregon Laws 2001, is found by a board to pose an undue risk to life safety during a seismic event, the governing board of a public university listed in ORS 352.002, local school district board, community college board or education service district board, as appropriate, shall develop a plan for seismic rehabilitation of the building or for other actions to reduce the risk. For a board that is subject to ORS 291.224, the board�s plan to rehabilitate or take other action to reduce the seismic risk of a building must be included in the capital construction program of the board. A board that is subject to ORS 291.224 shall rank the relative benefit of projects to reduce seismic risk in comparison with other life safety and code requirement projects. Subject to availability of funding, all seismic rehabilitations or other actions to reduce seismic risk must be completed before January 1, 2032. If the building is listed on a national or state register of historic places or properties or is designated as a landmark by local ordinance, the plan for seismic rehabilitation or other action shall be developed in a manner that gives consideration to preserving the character of the building. [2001 c.797 �3; 2013 c.768 �162; 2015 c.767 �177]

(Miscellaneous Provisions)

�� 455.405 Recreational vehicle conversion to structure. (1) A recreational vehicle that has a title issued by the Department of Transportation does not qualify as a structure. If a recreational vehicle is being converted to use as a structure, at the time of commencing the conversion the owner shall surrender the title and any registration issued for the recreational vehicle to the department for cancellation. A recreational vehicle that is converted to use as a structure is subject to the state building code.

�� (2) There is a rebuttable presumption that a recreational vehicle has been converted to use as a structure if the recreational vehicle is located outside of a mobile home park as defined in ORS 446.003 and:

�� (a) Has been rendered structurally immobile; or

�� (b) Has direct attachment to utilities. [2019 c.585 �4]

�� Note: 455.405 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.410 Relocated buildings; substantial compliance required; permits. (1) Existing buildings or structures which are removed from their foundation and relocated to another site within this state shall be in substantial compliance as defined in subsections (2) and (3) of this section.

�� (2) �Substantial compliance� means compliance with local construction codes in effect as of the original permit date of the building or structure, or where there was no permitting required at the time of original construction, with basic health and safety standards, as described in the closest dated Uniform Housing Code, as published by the International Conference of Building Officials as of the date of construction. Only the insulation, overhead and underneath the structure, shall be upgraded to the current insulation requirements of the state building code, or to the maximum extent possible subject to the design of the structure. Nothing in this statute shall be construed to mean that all heating, plumbing and electrical systems shall be replaced with systems meeting current standards for new construction, except that any life-threatening deficiencies in those systems shall be repaired, notwithstanding that the cost of rehabilitation may exceed 50 percent of the value of the structure before rehabilitation.

�� (3) All foundation and basement construction on the structure and any remodeling at the new location shall be constructed subject to all applicable local current building and safety codes, or where none exist, with the applicable standards as described in the Uniform Housing Code described in subsection (2) of this section.

�� (4) All moved houses shall be provided with either battery-operated or hard-wired smoke detection devices located in accordance with the provisions of the state building code.

�� (5) Nothing in this section is intended to permit any person to move a structure unless the person first consults the appropriate building inspection authority and obtains all required permits. [Formerly 456.756; 1989 c.1068 �1]

�� 455.412 Review of state building code provisions regarding certain smoke alarms and smoke detectors; rules. (1) The Department of Consumer and Business Services shall amend the state building code as necessary for the purpose of reducing the frequency of false alarms from smoke alarms and smoke detectors. Rules adopted under this section shall be designed to address smoke alarms and smoke detectors in single family and multifamily dwellings, hotels and lodging houses and shall not apply to recreational vehicles, commercial vehicles, railroad equipment, aircraft, marine vessels and manufactured dwellings.

�� (2) As used in this section, �smoke alarm� and �smoke detector� shall have the meanings provided in ORS 479.250. [1999 c.307 �18]

�� 455.415 Identification badges. (1) A person who is licensed by the State Plumbing Board or the Department of Consumer and Business Services pursuant to ORS 460.057, 460.059, 479.630,

ORS 455.445

455.445 and 468A.775 to 468A.785. [1989 c.1070 �1]

�� Note: 433.502 to 433.526 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 433 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 433.505 [Repealed by 1981 c.198 �2]

�� 433.507 Legislative findings. The Legislative Assembly finds and declares:

�� (1) Scientific studies reveal that indoor concentrations of some pollutants are frequently higher than outdoor concentrations of those pollutants and that indoor pollutant concentrations can exceed health-based standards.

�� (2) On the average, people spend at least 90 percent of their time indoors, and, as a result, the population has a significant potential for exposure to indoor air pollutants.

�� (3) Indoor air pollution poses one of the most serious environmental threats to public health, including cancer, respiratory illness, multiple chemical sensitivities, skin and eye irritation and related effects, and is estimated to cause significant increases in medical costs and claims, and declines in work productivity. Indoor air pollution also has been linked significantly to improperly maintained ventilation systems that increase consumption of energy.

�� (4) Existing state environmental and occupational health programs do not adequately protect the public from exposure to indoor air pollution that may occur in public areas or office workplaces.

�� (5) It is in the public interest to reduce exposure to indoor air pollution by developing a comprehensive program to investigate and remedy indoor air pollution and to educate the public. [1989 c.1070 �2]

�� Note: See note under 433.502.

�� 433.510 [Amended by 1973 c.779 �20; repealed by 1981 c.198 �2]

�� 433.511 Public information program. Subject to available funds, the Oregon Health Authority may establish a broad public information program to educate the public on indoor air pollutants, their identities, causes and effects, and on effective practical methods for preventing, detecting and correcting the causes of indoor air pollution. [1989 c.1070 �3; 2009 c.595 �676]

�� Note: See note under 433.502.

�� 433.515 [Repealed by 1973 c.779 �21 (433.516 enacted in lieu of 433.515)]

�� 433.516 [1973 c.779 �22 (enacted in lieu of 433.515); 1979 c.828 �9; repealed by 1981 c.198 �2]

�� 433.517 Field investigations and epidemiological studies. Subject to available funds, the Oregon Health Authority may conduct field investigations and epidemiological studies to quantify the extent of indoor air pollution levels and public exposure in Oregon. Field investigations shall be conducted in a manner that does not compete with the business of private contractors. Epidemiological studies may be conducted to look for the causes of illness and collect and analyze data to identify trends and health impacts, especially where national information on significant potential problems is lacking. [1989 c.1070 �4; 2009 c.595 �677]

�� Note: See note under 433.502.

�� 433.520 [Amended by 1973 c.779 �23; repealed by 1981 c.198 �2]

�� 433.521 Indoor air quality standards. (1) Based upon the recommendations of the Indoor Air Pollution Task Force, the Oregon Health Authority may establish indoor air quality standards for significant indoor air pollutants. If established, the standards:

�� (a) Shall include an adequate margin of safety;

�� (b) Shall be adequate to protect the population, including sensitive groups; and

�� (c) May be revised as appropriate.

�� (2) If established, indoor air quality standards shall be at least for the following significant indoor air pollutants:

�� (a) Particulate matter;

�� (b) Aldehydes;

�� (c) Radon;

�� (d) Carbon monoxide;

�� (e) Carbon dioxide;

�� (f) Ozone; and

�� (g) Water vapor.

�� (3) In developing the indoor air quality standards, the authority shall consult with the Department of Environmental Quality, the Department of Consumer and Business Services and the Indoor Air Pollution Task Force.

�� (4) The standards established by the authority shall not take effect before July 1, 1991. The authority shall seek voluntary compliance with the standards. [1989 c.1070 �5; 1993 c.744 �227; 2009 c.595 �678]

�� Note: See note under 433.502.

�� 433.525 [Repealed by 1981 c.198 �2]

�� 433.526 Public recognition program for compliance; rules. (1) The Oregon Health Authority may establish by rule a public recognition program for office workplaces, buildings and public areas that consistently meet the indoor air quality requirements of ORS 433.502 to

ORS 455.496

455.496, 455.610, 455.680, 460.085, 460.360, 479.730 (1) or 480.545.

�� (b) Does not mean regulations adopted by the State Fire Marshal pursuant to ORS chapter 476 or ORS 479.015 to 479.200 and 479.210 to 479.220.

�� (8) �State building code� means the combined specialty codes.

�� (9) �Structural code� means the specialty code prescribing structural standards for building construction.

�� (10) �Unsafe condition� means a condition caused by earthquake which is determined by the department or any representative of the department to be dangerous to life and property. �Unsafe condition� includes but is not limited to:

�� (a) Any portion, member or appurtenance of a building that has become detached or dislodged or appears likely to fail or collapse and thereby injure persons or damage property; or

�� (b) Any portion, of a building or structure that has been damaged by earthquake, or by fire or explosion resulting from an earthquake, to the extent that the structural strength or stability of the building is substantially less than it was prior to the earthquake. [Formerly 456.750; 1991 c.227 �1; 1991 c.310 �1; 1993 c.18 �112; 1993 c.744 �85; 1997 c.259 �3; 1999 c.484 �1; 1999 c.1045 �12; 2003 c.655 �75; 2003 c.675 ��10,11; 2009 c.567 ��4,13; 2019 c.401 ��3,10; 2019 c.422 �16]

�� 455.015 Legislative findings. The Legislative Assembly finds and declares that:

�� (1)(a) It is in the best interests of this state that construction-related development activities proceed in a manner that is as quick and efficient as practicable;

�� (b) Ensuring that construction-related development activities proceed quickly and efficiently requires a flexible and responsive system for state building code administration and enforcement; and

�� (c) Having a flexible and responsive system for state building code administration and enforcement requires that sufficient staff and resources be available to assist the Director of the Department of Consumer and Business Services as needed.

�� (2) It is in the best interests of this state that state building code regulations encourage economic development, experimentation, innovation and cost effectiveness in construction, especially construction in rural or remote parts of this state. [2013 c.528 �2]

�� Note: 455.015 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.

�� 455.020 Purpose; scope of application; exceptions; scope of rules; fees by rule. (1) This chapter is enacted to enable the Director of the Department of Consumer and Business Services to promulgate a state building code to govern the construction, reconstruction, alteration and repair of buildings and other structures and the installation of mechanical devices and equipment therein, and to require the correction of unsafe conditions caused by earthquakes in existing buildings. The state building code shall establish uniform performance standards providing reasonable safeguards for health, safety, welfare, comfort and security of the residents of this state who are occupants and users of buildings, and will provide for the use of modern methods, devices, materials, techniques and practicable maximum energy conservation.

�� (2) The rules adopted pursuant to this chapter shall include structural standards; standards for the installation and use of mechanical, heating and ventilating devices and equipment; and standards for prefabricated structures; and shall, subject to ORS 455.210, prescribe reasonable fees for the issuance of building permits and similar documents, inspections and plan review services by the Department of Consumer and Business Services. The department may also establish, by rule, the amount of any fee pertaining to the state building code or any specialty code that is authorized by statute, but for which an amount is not specified by statute.

�� (3) This chapter does not affect the statutory jurisdiction and authority of the Workers� Compensation Board, under ORS chapter 654, to promulgate occupational safety and health standards relating to places of employment, and to administer and enforce all state laws, regulations, rules, standards and lawful orders requiring places of employment to be safe and healthful.

�� (4) This chapter and any specialty code does not limit the authority of a municipality to enact regulations providing for local administration of the state building code; local appeal boards; fees and other charges; abatement of nuisances and dangerous buildings; enforcement through penalties, stop-work orders or other means; or minimum health, sanitation and safety standards for governing the use of structures for housing, except where the power of municipalities to enact any such regulations is expressly withheld or otherwise provided for by statute. Pursuant to the regulation of dangerous buildings, a municipality may adopt seismic rehabilitation plans that provide for phased completion of repairs that are designed to provide improved life safety but that may be less than the standards for new buildings. [Formerly 456.755; 1991 c.227 �2; 1991 c.310 �2; 1995 c.304 �1; 1995 c.400 �5; 1999 c.1045 �13; 1999 c.1082 �11; 2001 c.710 �8]

�� 455.022 Appropriation of program fees established by department rule. All moneys deposited to the Consumer and Business Services Fund that are derived pursuant to ORS 455.240 or

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 456.599

456.599 and 469.631 to 469.687 shall be known as the Oregon Residential Energy Conservation Act. [1981 c.778 �1; 2003 c.46 �52]

ENERGY CONSERVATION PROGRAMS

(Single Family Residence)

�� 469.700 Energy efficiency ratings; public information; �single family residence� defined. (1) The Residential and Manufactured Structures Board or the Construction Industry Energy Board, after public hearing and subject to the approval of the Director of the Department of Consumer and Business Services, shall adopt a recommended voluntary energy efficiency rating system for single family residences and provide the State Department of Energy with a copy thereof.

�� (2) The rating system shall provide a single numerical value or other simple concise means to measure the energy efficiency of any single family residence, taking into account factors including, but not limited to, the heat loss characteristics of ceilings, walls, floors, windows, doors and heating ducts.

�� (3) Upon adoption of the rating system under subsections (1) and (2) of this section, the department shall publicize the availability of the system, and encourage its voluntary use in real estate transactions.

�� (4) As used in subsections (1) to (3) of this section, �single family residence� means a structure designed as a residence for one family and sharing no common wall with another residence of any type. [1977 c.413 ��1,2,3; 1993 c.744 �113; 2003 c.675 �44; 2009 c.567 ��9,22]

(Home Energy Performance Score System)

�� 469.703 Home energy performance score system; home energy assessors; reports; database; rules. (1) As used in this section:

�� (a) �Home energy assessor� has the meaning given that term in ORS 701.527.

�� (b) �Home energy audit� means the evaluation or testing of components or systems in a residential building for the purpose of identifying options for increasing energy conservation and energy efficiency.

�� (c) �Home energy performance score� has the meaning given that term in ORS 701.527.

�� (2) In consultation with the Public Utility Commission, the State Department of Energy shall adopt by rule a home energy performance score system by which a person may assign a residential building a home energy performance score for the purpose of evaluating the energy conservation and energy efficiency of the building.

�� (3) The department shall designate by rule programs for the training of home energy assessors. Programs designated by the department under this subsection must ensure competency in conducting home energy audits and assigning home energy performance scores.

�� (4) Subject to subsection (5) of this section, the department may adopt by rule requirements under which home energy assessors who are certified under ORS 701.532 must report to the department the home energy performance scores assigned by the home energy assessors. The department shall keep and maintain a database of information reported to the department under this subsection.

�� (5) Rules adopted under subsection (4) of this section may not allow for the reporting of individual addresses of residential structures or the names of individual homeowners, but may allow for the reporting of information regarding the jurisdiction in which a residential structure is located and the utility services provided, any specific energy efficiency features of the residential structure or other general information that allows the department to make any aggregated evaluations of savings attributable to energy efficiency. [2013 c.383 �12]

�� Note: 469.703 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Low Interest Loans)

�� 469.710 Definitions for ORS 469.710 to 469.720. As used in ORS 469.710 to 469.720, unless the context requires otherwise:

�� (1) �Annual rate� means the yearly interest rate specified on the note, and is not the annual percentage rate, if any, disclosed to the applicant to comply with the federal Truth in Lending Act.

�� (2) �Commercial lending institution� means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association or federal credit union maintaining an office in this state.

�� (3) �Cost-effective� means that an energy conservation measure that provides or saves a specific amount of energy during its life cycle results in the lowest present value of delivered energy costs of any available alternative. However, the present value of the delivered energy costs of an energy conservation measure may not be treated as greater than that of a nonconservation energy resource or facility unless that cost is greater than 110 percent of the present value of the delivered energy cost of the nonconservation energy resource or facility.

�� (4) �Dwelling� means real or personal property within the state inhabited as the principal residence of a dwelling owner or a tenant. �Dwelling� includes a manufactured dwelling as defined in ORS 446.003, a floating home as defined in ORS 830.700 and a single unit in multiple-unit residential housing. �Dwelling� does not include a recreational vehicle as defined in ORS 174.101.

�� (5) �Dwelling owner� means the person who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for purchase of real property.

�� (6) �Energy audit� means:

�� (a) The measurement and analysis of the heat loss and energy utilization efficiency of a dwelling;

�� (b) An analysis of the energy savings and dollar savings potential that would result from providing energy conservation measures for the dwelling;

�� (c) An estimate of the cost of the energy conservation measures that includes:

�� (A) Labor for the installation of items designed to improve the space heating and energy utilization efficiency of the dwelling; and

�� (B) The items installed; and

�� (d) A preliminary assessment, including feasibility and a range of costs, of the potential and opportunity for installation of:

�� (A) Passive solar space heating and solar domestic water heating in the dwelling; and

�� (B) Solar swimming pool heating, if applicable.

�� (7) �Energy conservation measures� means measures that include the installation of items and the items installed that are primarily designed to improve the space heating and energy utilization efficiency of a dwelling. These items include, but are not limited to, caulking, weatherstripping and other infiltration preventative materials, ceiling and wall insulation, crawl space insulation, vapor barrier materials, timed thermostats, insulation of heating ducts, hot water pipes and water heaters in unheated spaces, storm doors and windows, double glazed windows and dehumidifiers. �Energy conservation measures� does not include the dwelling owner�s own labor.

�� (8) �Finance charge� means the total of all interest, loan fees and other charges related to the cost of obtaining credit and includes any interest on any loan fees financed by the lending institution.

�� (9) �Fuel oil dealer� means a person, association, corporation or any other form of organization that supplies fuel oil at retail for the space heating of dwellings.

�� (10) �Residential fuel oil customer� means a dwelling owner or tenant who is billed by a fuel oil dealer for fuel oil service for space heating received at the dwelling.

�� (11) �Space heating� means the heating of living space within a dwelling.

�� (12) �Wood heating resident� means a person whose primary space heating is provided by the combustion of wood. [1981 c.894 �22; 1987 c.749 �5; 1989 c.648 �69; 2005 c.22 �342; 2019 c.422 �36]

�� 469.715 Low interest loans for cost-effective energy conservation; rate. (1) Dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents, shall be eligible for low-interest loans for cost-effective energy conservation measures through commercial lending institutions.

�� (2) The annual rate shall not exceed six and one-half percent annually for loans provided by commercial lending institutions to dwelling owners who are or who rent to residential fuel oil customers, or who are or who rent to wood heating residents for the purpose of financing energy conservation measures pursuant to ORS 469.710 to 469.720. [1981 c.894 ��23,24; 1987 c.749 �6]

�� 469.717 When installation to be completed. (1) Installation of the energy conservation measures must be completed within 90 days after receipt of loan funds. The State Department of Energy may provide an inspection at the owner�s request.

�� (2) Notwithstanding the provisions of subsection (1) of this section, the department may inspect installation of energy conservation measures to verify that all loan or other state subsidy funds have been used for energy conservation measures recommended in the audit, that installation has been performed in a workmanlike manner and that materials used satisfy prevailing industry standards. If requested to do so by the department, the dwelling owner shall provide the department with copies of receipts and any other documents verifying the cost of energy conservation measures. [1987 c.749 �3]

�� 469.719 Eligibility of lender for tax credit not affected by owner�s failure. Eligibility of the lender for any tax credit under ORS 317.112 shall not be affected by any dwelling owner�s failure to use the loan for qualifying energy conservation measures. [1987 c.749 �4]

�� 469.720 Energy audit required; permission to inspect required; owner not to receive other incentives. (1) A dwelling owner who is or who rents to a residential fuel oil customer, or who is or who rents to a wood heating resident, may not apply for low-interest financing under ORS 469.710 to 469.720 unless:

�� (a) The dwelling owner, customer or resident has first requested and obtained an energy audit from a fuel oil dealer, a publicly owned utility or an investor-owned utility or from a person under contract with the State Department of Energy under ORS

ORS 456.788

456.788 (4) does not apply, a written notice that provides the earliest date that the affordability restriction could be terminated, in the form prescribed by the Housing and Community Services Department by rule. [2025 c.141 �2]

�� Note: 90.308 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.310 Disclosure of legal proceedings; tenant remedies for failure to disclose; liability of manager. (1) If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord shall disclose that circumstance to the tenant in writing before the execution of the rental agreement:

�� (a) Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustee�s sale under a trust deed;

�� (b) Any pending suit to foreclose a mortgage, trust deed or vendor�s lien under a contract of sale;

�� (c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or

�� (d) Any pending proceeding to foreclose a tax lien.

�� (2) If the tenant moves as a result of a circumstance that the landlord failed to disclose as required by subsection (1) of this section, the tenant may recover twice the actual damages or twice the monthly rent, whichever is greater, and all prepaid rent, in addition to any other remedy that the law may provide.

�� (3) This section shall not apply to premises managed by a court appointed receiver.

�� (4) A manager who has complied with ORS 90.305 shall not be liable for damages under this section if the manager had no knowledge of the circumstances that gave rise to a duty of disclosure under subsection (1) of this section. [Formerly 91.766; 1997 c.249 �31]

�� 90.315 Utility or service payments; additional charges; responsibility for utility or service; remedies. (1) As used in this section:

�� (a) �Public service� means municipal services and the provision of public resources related to the dwelling unit, including street maintenance, transportation improvements, public transit, public safety and parks and open space.

�� (b)(A) �Public service charge� means a charge imposed on a landlord by a utility or service provider, by a utility or service provider on behalf of a local government or directly by a local government.

�� (B) �Public service charge� does not include real property taxes, income taxes, business license fees or dwelling inspection fees.

�� (c) �Sewer service� includes storm water service and wastewater service.

�� (d) �Utility or service� includes but is not limited to electricity, natural or liquid propane gas, oil, water, hot water, heat, air conditioning, cable television, direct satellite or other video subscription services, Internet access or usage, sewer service, public services and garbage collection and disposal.

�� (2) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that benefits, directly, the landlord or other tenants. A tenant�s payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant�s dwelling unit.

�� (3) If the landlord knowingly fails to disclose those matters required under subsection (2) of this section, the tenant may recover twice the actual damages sustained or one month�s rent, whichever is greater.

�� (4)(a) Except for tenancies covered by ORS 90.505 to 90.850, if a written rental agreement so provides, a landlord may require a tenant to pay to the landlord a utility or service charge or a public service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly, or for a public service provided indirectly, to the tenant�s dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant�s dwelling unit.

�� (b)(A) If a rental agreement provides that a landlord may require a tenant to pay a utility or service charge, the landlord must bill the tenant in writing for the utility or service charge within 30 days after receipt of the provider�s bill. If the landlord includes in the bill to the tenant a statement of the rent due, the landlord must separately and distinctly state the amount of the rent and the amount of the utility or service charge.

�� (B) The landlord must provide to the tenant, in the written rental agreement or in a bill to the tenant, an explanation of:

�� (i) The manner in which the provider assesses a utility or service charge; and

�� (ii) The manner in which the charge is allocated among the tenants if the provider�s bill to the landlord covers multiple tenants.

�� (C) The landlord must:

�� (i) Include in the bill to the tenant a copy of the provider�s bill; or

�� (ii) If the provider�s bill is not included, state that the tenant may inspect the provider�s bill at a reasonable time and place and that the tenant may obtain a copy of the provider�s bill by making a request to the landlord during the inspection and upon payment to the landlord for the reasonable cost of making copies.

�� (D) A landlord may require that a bill to the tenant for a utility or service charge is due upon delivery of the bill. A landlord shall treat the tenant�s payment as timely for purposes of ORS 90.302 (3)(b)(A) if the payment is made by a date that is specified in the bill and that is not less than 30 days after delivery of the bill.

�� (E) If a written rental agreement so provides, the landlord may deliver a bill to the tenant as provided in ORS 90.155 or by electronic means.

�� (c) Except as provided in this paragraph, a utility or service charge may only include the cost of the utility or service as billed to the landlord by the provider. A landlord may add an additional amount to a utility or service charge billed to the tenant if:

�� (A) The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage;

�� (B) The additional amount is not more than 10 percent of the utility or service charge billed to the tenant;

�� (C) The total of the utility or service charge and the additional amount is less than the typical periodic cost the tenant would incur if the tenant contracted directly with the provider for the cable television, direct satellite or other video subscription services or for Internet access or usage;

�� (D) The written rental agreement providing for the utility or service charge describes the additional amount separately and distinctly from the utility or service charge; and

�� (E) Any billing or notice from the landlord regarding the utility or service charge lists the additional amount separately and distinctly from the utility or service charge.

�� (d)(A) A landlord must provide 60 days� written notice to a tenant before the landlord may amend an existing rental agreement for a month-to-month tenancy to require a tenant to pay a public service charge that was adopted by a utility or service provider or a local government within the previous six months.

�� (B) A landlord may not hold a tenant liable for a public service charge billed to a previous tenant.

�� (C) A landlord may not require a tenant to agree to the amendment of an existing rental agreement, and may not terminate a tenant for refusing to agree to the amendment of a rental agreement, if the amendment would obligate the tenant to pay an additional amount for cable television, direct satellite or other video subscription services or for Internet access or usage as provided under paragraph (c) of this subsection.

�� (e) A utility or service charge, including any additional amount added pursuant to paragraph (c) of this subsection, is not rent or a fee. Nonpayment of a utility or service charge is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 but is grounds for termination of a rental agreement for cause under ORS 90.392.

�� (f) If a landlord fails to comply with paragraph (a), (b), (c) or (d) of this subsection, the tenant may recover from the landlord an amount equal to one month�s periodic rent or twice the amount wrongfully charged to the tenant, whichever is greater.

�� (5)(a) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service prior to moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

�� (A) Pay the outstanding amount and deduct the amount from the rent;

�� (B) Enter into a mutual agreement with the landlord to resolve the lack of service; or

�� (C) Immediately terminate the rental agreement by giving the landlord actual notice and the reason for the termination.

�� (b) If the tenancy terminates, the landlord shall return all moneys paid by the tenant as deposits, rent or fees within four days after termination.

�� (6) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service after moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

�� (a) Pay the outstanding amount and deduct the amount from the rent; or

�� (b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service or the availability of service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

�� (A) Within four days after termination, all rent and fees; and

�� (B) All of the security deposit owed to the tenant under ORS 90.300.

�� (7) If a landlord, under the rental agreement, is responsible for a utility or service and the utility or service is shut off due to a nonpayment of an outstanding amount, the tenant may either:

�� (a) Pay the outstanding balance and deduct the amount from the rent; or

�� (b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

�� (A) Within four days after termination, all rent prepaid for the month in which the termination occurs prorated from the date of termination or the date the tenant vacates the premises, whichever is later, and any other prepaid rent; and

�� (B) All of the security deposit owed to the tenant under ORS 90.300.

�� (8) If a landlord fails to return to the tenant the moneys owed as provided in subsection (5), (6) or (7) of this section, the tenant shall be entitled to twice the amount wrongfully withheld.

�� (9) This section does not preclude the tenant from pursuing any other remedies under this chapter. [Formerly 91.767; 1993 c.786 �2; 1995 c.559 �14; 1997 c.577 �16; 1999 c.603 �18; 2005 c.391 �19; 2009 c.816 �4a; 2011 c.503 �7; 2015 c.388 �8]

�� 90.316 Carbon monoxide alarm. (1) Unless a dwelling unit contains one or more properly functioning carbon monoxide alarms installed in compliance with State Fire Marshal rules and with any applicable requirements of the state building code when a tenant takes possession of the dwelling unit, a landlord may not enter into a rental agreement creating a new tenancy in the dwelling unit if the dwelling unit:

�� (a) Contains a carbon monoxide source; or

�� (b) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft.

�� (2) The landlord shall provide a new tenant with alarm testing instructions as described in ORS

ORS 456.950

456.950]

(Mercury Thermostats)

�� 455.355 Rules governing mercury thermostats. (1) The Director of the Department of Consumer and Business Services shall, by rule:

�� (a) Prohibit the installation of thermostats that contain mercury in commercial and residential buildings. The director may not, under rules developed pursuant to this paragraph, prohibit the installation of thermostats that contain mercury on industrial equipment used for safety controls.

�� (b) Establish a uniform notification and process for disposal and delivery of mercury thermostats by persons installing heating, ventilation or air conditioning systems. Persons installing heating, ventilation or air conditioning systems shall dispose of mercury thermostats according to the process established pursuant to this paragraph.

�� (2) As used in this section, �thermostat� means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. [2001 c.924 �3]

�� Note: 455.355 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Carbon Monoxide)

�� 455.360 Carbon monoxide alarms. (1) As used in this section, �carbon monoxide alarm� has the meaning given that term in ORS 105.836.

�� (2) A carbon monoxide alarm is required in a structure that:

�� (a) Is new construction or that undergoes reconstruction, alteration or repair for which a building permit is required; and

�� (b) Is identified under the structural specialty code as a residential Group R structure.

�� (3) A carbon monoxide alarm required by this section must be installed in accordance with the manufacturer�s instructions and any applicable requirements of the state building code. [2009 c.591 �8]

�� Note: 455.360 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Radon)

�� 455.365 Radon mitigation standards. (1) The Building Codes Structures Board and the Residential and Manufactured Structures Board shall adopt design and construction standards for mitigating radon levels in new residential buildings that are identified under the structural specialty code as Group R-2 or R-3 buildings and new public buildings. In adopting the standards, the boards shall give consideration to any standards recommended by the United States Environmental Protection Agency for radon mitigation systems in buildings.

�� (2) The boards shall make the design and construction standards for mitigating radon levels applicable in:

�� (a) Baker, Clackamas, Hood River, Multnomah, Polk, Washington and Yamhill Counties; and

�� (b) Any county for which the boards, after consultation with the Oregon Health Authority, consider the standards appropriate due to local radon levels.

�� (3) The Director of the Department of Consumer and Business Services may authorize a municipality that administers and enforces one or more building inspection programs under ORS 455.148 or 455.150 to also administer and enforce any applicable standards for mitigating radon that are adopted by the boards.

�� (4) The director, in consultation with the boards, may adopt rules for the implementation, administration and enforcement of this section. [2010 c.83 �2]

�� Note: 455.365 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Agriculture Workforce Housing)

�� 455.380 Department as final authority on agriculture workforce housing; rules; fees. (1) Notwithstanding the provisions of ORS 455.148 and 455.150, the Department of Consumer and Business Services is the final authority in interpretation, execution and enforcement of state and municipal administration of building codes and rules with respect to construction of agriculture workforce housing as defined in ORS 315.163.

�� (2) The department shall provide for a statewide uniform application and method of calculating permit fees for agriculture workforce housing as defined in ORS

ORS 459A.740

459A.740 in 1991]

MISCELLANEOUS

�� 459.900 Thermostats and motor vehicle switches containing mercury; disposal; findings. (1) The Legislative Assembly finds that mercury is a potent neurotoxin that can cause long-lasting health problems. In order to reduce the amount of mercury entering the environment from the solid waste stream:

�� (a) A manufacturer of thermostats that contain mercury:

�� (A) Shall make available a program for the collection of such thermostats to be managed as a universal waste.

�� (B) Shall provide incentives for and sufficient information to purchasers of thermostats to ensure that the mercury contained in the thermostats does not become part of the solid waste stream.

�� (C) Is not liable for improper disposal of thermostats containing mercury by consumers if the manufacturer complies with this paragraph.

�� (b) A person may not crush a motor vehicle without first attempting to remove mercury light switches that are mounted on the hood or trunk of the vehicle. The mercury light switches removed from motor vehicles under this paragraph are subject to the universal waste management standards adopted by the Environmental Quality Commission.

�� (2) For purposes of this section, �thermostat� means a device commonly used to sense and, through electrical communication with heating, cooling or ventilation equipment, control room temperature. [2001 c.924 �1]

�� Note: 459.900 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 459.990 [1967 c.428 �16; 1969 c.593 �48; subsection (2) enacted as 1969 c.509 �6; repealed by 1971 c.648 �33]

PENALTIES

�� 459.992 Criminal penalties; license suspension and revocation. (1) The following are Class A misdemeanors:

�� (a) Violation of rules or ordinances adopted under ORS 459.005 to 459.105 and 459.205 to

ORS 459A.914

459A.914, adequate to hold the reasonably anticipated volume of each material;

�� (b) Regular collection service of the source separated recyclable materials; and

�� (c) Notice at least once a year of the opportunity to recycle with a description of the location of the containers or depots on the premises and information about how to recycle. New tenants shall be notified of the opportunity to recycle at the time of entering into a rental agreement.

�� (2) As used in this section, �recyclable material� and �source separate� have the meaning given those terms in ORS 459.005. [1991 c.385 �16; 2021 c.681 �57]

�� 90.320 Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises. (1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

�� (a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

�� (b) Plumbing facilities that conform to applicable law in effect at the time of installation and are maintained in good working order;

�� (c) A water supply approved under applicable law that is:

�� (A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

�� (B) Furnished to appropriate fixtures;

�� (C) Connected to a sewage disposal system approved under applicable law; and

�� (D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

�� (d) Adequate heating facilities that conform to applicable law at the time of installation and are maintained in good working order;

�� (e) Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and is maintained in good working order;

�� (f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

�� (g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

�� (h) Floors, walls, ceilings, stairways and railings maintained in good repair;

�� (i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

�� (j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the tenant�s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (1);

�� (k) A carbon monoxide alarm, and the dwelling unit:

�� (A) Contains a carbon monoxide source; or

�� (B) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft;

�� (L) Working locks for all dwelling entrance doors and latches for all windows, by which access may be had to the dwelling unit;

�� (m) A means of unlocking locks under paragraph (L) of this subsection, including access control systems operated by a software application operated on a tenant�s mobile phone or other electronic device, provided that the landlord also offers the tenant at least one alternative means of access, including an access code or a fob, key card or other tangible key; or

�� (n) For a dwelling unit in a building where building permits for its construction were issued on or after April 1, 2024, adequate cooling facilities that:

�� (A) Provide cooling in at least one room of the dwelling unit, not including a bathroom;

�� (B) Conform to applicable law at the time of installation and are maintained in good working order; and

�� (C) May include central air conditioning, an air-source or ground-source heat pump or a portable air conditioning device that is provided by the landlord.

�� (2) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

�� (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

�� (b) The agreement does not diminish the obligations of the landlord to other tenants in the premises; and

�� (c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

�� (3) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place do not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility are governed by ORS 90.730 and not by this section. [Formerly 91.770; 1993 c.369 �6; 1995 c.559 �15; 1997 c.249 �32; 1997 c.577 �17; 1999 c.307 �20; 1999 c.676 �11; 2009 c.591 �12; 2013 c.294 �9; 2022 c.86 �11; 2025 c.127 �1]

�� 90.321 Testing of drinking water in ground water quality management area; report to tenants and Oregon Health Authority; rules; limits on data use. (1) As used in this section:

�� (a) �Contaminants� includes arsenic, coliform bacteria, lead and nitrates.

�� (b) �Exempt well� means a well used for purposes exempt under ORS 537.545 (1)(b) or (d).

�� (2) If a dwelling unit has an exempt well or wells as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150, the landlord shall collect and test samples of drinking water for the unit.

�� (3) A landlord shall ensure that each source for which drinking water is collected under subsection (5)(a) of this section is tested as follows:

�� (a) The water must be tested for arsenic no later than 30 days after installing the exempt well.

�� (b) Except as provided in subsection (4) of this section, the drinking water must be tested for each contaminant at least once each year.

�� (4) Following a test that indicates that the drinking water does not contain contaminants that exceed the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord is not required to test drinking water for contaminants for four years, if the test is:

�� (a) The first test conducted for the dwelling unit;

�� (b) The first test conducted after an extension allowed under this subsection; or

�� (c) The second successful annual test conducted over two consecutive years following a failed test.

�� (5) A landlord subject to this section:

�� (a) Shall collect samples of water from a dwelling unit�s primary faucet used for drinking and cooking water and may collect supplementary samples of water from a dwelling unit�s other faucets of drinking water or from a dwelling unit�s wellhead;

�� (b) May delegate the landlord�s duty to collect samples of drinking water under paragraph (a) of this subsection to a tenant if the landlord and the tenant agree to the delegation in writing and the agreement is made in good faith and for adequate consideration; and

�� (c) Shall, when submitting samples of drinking water collected under this section to a laboratory for testing:

�� (A) Inform the laboratory that the testing is required pursuant to this section; and

�� (B) Request that the laboratory report the results of the test to the Oregon Health Authority.

�� (6) A laboratory conducting a test pursuant to this section:

�� (a) Must be accredited under the environmental laboratory accreditation program established under ORS 438.615;

�� (b) Shall electronically report the results of the test to the authority in a form and manner prescribed by the authority, which may include reporting of the results through electronic mail using a spreadsheet; and

�� (c) Shall send the full laboratory report to the landlord, and to the tenant if requested by the landlord, in a form showing the absence or presence of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (7) Each time the landlord has drinking water tested for a contaminant under this section, the landlord shall provide the results of the test to the tenant within 30 days after receiving the results in a form:

�� (a) As provided to the landlord under subsection (6)(c) of this section; or

�� (b) Showing only the tests performed and whether the dwelling unit passed or failed each test and notifying the tenant that the tenant may obtain or inspect the full laboratory report upon request. This form must be substantially in the format adopted by the authority under subsection (10)(a) of this section.

�� (8) Prior to entering into a rental agreement for a dwelling unit for which a landlord must collect and test drinking water under this section, the landlord must provide to the tenant written notice providing:

�� (a) That the dwelling unit has an exempt well as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150;

�� (b) The dates and the results of the most recent test for each contaminant, in a form described in subsection (7) of this section, or a statement that the contaminant has not yet been tested for; and

�� (c) The latest date by which the next test for each contaminant must be conducted.

�� (9) If the results of a test conducted under this section indicate that the drinking water collected under this section contains any amount of coliform bacteria or an amount of other contaminants that exceeds the maximum contaminant levels in drinking water as most recently published by the United States Environmental Protection Agency, the landlord shall, as soon as practicable:

�� (a) Provide the results of the test to the tenant as required under subsection (7) of this section;

�� (b) Provide the tenant with the handout adopted by the authority under subsection (10)(b) of this section; and

�� (c) Thereafter retest the exempt well according to a schedule set by rule by the authority, notwithstanding subsections (3) and (4) of this section.

�� (10) The authority shall adopt rules to implement this section, including rules specifying the content of:

�� (a) A form that a landlord subject to this section must use to provide information described in subsection (7)(b) of this section. The form must include:

�� (A) A section that must be filled out by the landlord to indicate, in plain language, whether the dwelling unit passed or failed each test; and

�� (B) A section that may be filled out by the landlord to indicate the absence or presence in the drinking water of coliform bacteria and the concentration of other contaminants in milligrams per liter or parts per million.

�� (b) A handout providing information on testing drinking water for contaminants and the impact that drinking water that contains contaminants can have on a person�s health.

�� (11) This section does not apply to a dwelling unit that is part of a premises subject to regulation under ORS 448.119 to 448.285, 454.235 and 454.255, as described in ORS 448.119.

�� (12) Information received by the authority under this section may only be used as provided in this section and for the benefit of the landlord, tenant or applicant of the dwelling unit. Any records collected or created by the authority under this section must note that the data has not been controlled for quality and may not be used for determining location-specific ground water quality. [2025 c.574 �2; 2025 c.574 �2a]

�� Note: 90.321 becomes operative January 1, 2027. See section 4, chapter 574, Oregon Laws 2025.

�� Note: Section 3, chapter 574, Oregon Laws 2025, provides:

�� Sec. 3. Before June 1, 2027, and notwithstanding section 2 (3)(b) of this 2025 Act [90.321 (3)(b)], for each dwelling unit that is subject to section 2 (2) of this 2025 Act on the operative date specified in section 4 of this 2025 Act [January 1, 2027], the landlord shall sample and test for all contaminants as described in section 2 (5) of this 2025 Act. [2025 c.574 �3]

�� Note: 90.321 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.322 Landlord or agent access to premises; remedies. (1) A landlord or, to the extent provided in this section, a landlord�s agent may enter into the tenant�s dwelling unit or any portion of the premises under the tenant�s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance or grounds keeping or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlord�s agent is limited as follows:

�� (a) A landlord or landlord�s agent may enter upon the premises under the tenant�s exclusive control not including the dwelling unit without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.

�� (b) In case of an emergency, a landlord may enter the dwelling unit or any portion of the premises under a tenant�s exclusive control without consent of the tenant, without notice to the tenant and at any time. �Emergency� includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant�s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.

�� (c) If the tenant requests repairs or maintenance in writing, the landlord or landlord�s agent, without further notice, may enter upon demand, in the tenant�s absence or without the tenant�s consent, for the purpose of making the requested repairs until the repairs are completed. The tenant�s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant�s written request expires after seven days, unless the repairs are in progress and the landlord or landlord�s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.

�� (d) A landlord and tenant may agree that the landlord or the landlord�s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:

�� (A) Is executed at a time when the landlord is actively engaged in attempts to sell the premises;

�� (B) Is reflected in a writing separate from the rental agreement and signed by both parties; and

�� (C) Is supported by separate consideration recited in the agreement.

�� (e)(A) If a written agreement requires the landlord to perform yard maintenance or grounds keeping for the premises:

�� (i) A landlord and tenant may agree that the landlord or landlord�s agent may enter for that purpose upon the premises under the tenant�s exclusive control not including the dwelling unit, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.

�� (ii) A tenant may deny consent for a landlord or landlord�s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord�s agent prior to, or at the time of, the attempted entry.

�� (B) As used in this paragraph:

�� (i) �Yard maintenance or grounds keeping� includes, but is not limited to, weeding, mowing grass and pruning trees and shrubs.

�� (ii) �Unreasonable time� refers to a time of day, day of the week or particular time that conflicts with the tenant�s reasonable and specific plans to use the premises.

�� (f) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours� actual notice of the intent of the landlord to enter and the landlord or landlord�s agent may enter only at reasonable times. The landlord or landlord�s agent may not enter if the tenant, after receiving the landlord�s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord�s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord�s agent to enter.

�� (2) A landlord may not abuse the right of access or use it to harass the tenant. A tenant may not unreasonably withhold consent from the landlord to enter.

�� (3) This section does not apply to tenancies consisting of a rental of space in a facility for a manufactured dwelling or floating home under ORS 90.505 to 90.850.

�� (4) If a tenancy consists of rented space for a manufactured dwelling or floating home that is owned by the tenant, but the tenancy is not subject to ORS 90.505 to 90.850 because the space is not in a facility, this section shall allow access only to the rented space and not to the dwelling or home.

�� (5) A landlord has no other right of access except:

�� (a) Pursuant to court order;

�� (b) As permitted by ORS 90.410 (2); or

�� (c) When the tenant has abandoned or relinquished the premises.

�� (6) If a landlord is required by a governmental agency to enter a dwelling unit or any portion of the premises under a tenant�s exclusive control, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord may not be found in violation of any state statute or local ordinance due to the failure.

�� (7) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement under ORS 90.392 and take possession as provided in ORS 105.100 to 105.168. In addition, the landlord may recover actual damages.

�� (8) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (1). In addition, the tenant may recover actual damages not less than an amount equal to one week�s rent in the case of a week-to-week tenancy or one month�s rent in all other cases. [Formerly 90.335; 1997 c.577 �18; 1999 c.603 �19; 1999 c.676 �12; 2005 c.391 �20]

�� 90.323 Maximum rent increase; exceptions; notice. (1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase.

�� (2) During any tenancy other than week-to-week, the landlord may not increase the rent:

�� (a) During the first year after the tenancy begins.

�� (b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.

�� (c) More than once in any 12-month period.

�� (d) Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324 (1).

�� (3) The notices required under this section must specify:

�� (a) The amount of the rent increase;

�� (b) The amount of the new rent;

�� (c) Facts supporting the exemption authorized by subsection (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and

�� (d) The date on which the increase becomes effective.

�� (4) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS

ORS 466.858

466.858, a person shall provide to the Department of Environmental Quality:

�� (a) A certificate of insurance in an amount adequate to pay for any additional corrective action necessary as a result of an improper or inadequate decommissioning or corrective action approved by the department.

�� (b) A summary of all projects completed since the applicant last applied for a license, including the costs of those projects.

�� (c) For each individual license, a demonstration of ability, which may consist of written or field examinations.

�� (d) Any other information deemed necessary by the department.

�� (e) An annual license fee. The fee shall be:

�� (A) $1,000 for the business, including but not limited to corporations, limited partnerships and sole proprietorships, engaged in the performance of heating oil tank services; and

�� (B) $100 for each individual employed by the business and charged with the supervisory responsibility to direct and oversee the performance of tank services at a facility.

�� (2) The department shall maintain a registry of all persons licensed under this section, including a summary of the project information required in the application.

�� (3) In accordance with ORS chapter 183, the department may revoke a license of any person offering heating oil tank services who commits fraud or deceit in obtaining a license or who demonstrates negligence or incompetence in performing the heating oil tank services. [1999 c.979 �4; 2019 c.457 ��1,2]

�� 466.870 [1997 c.838 �5; repealed by 1999 c.880 �8]

�� 466.872 Certification of voluntary decommissioning or approval of corrective action; fee. (1) In establishing the requirements to certify a voluntary decommissioning or to approve corrective action on the basis of a certification received from a heating oil tank service provider, the Department of Environmental Quality shall include:

�� (a) A process for conducting inspections of sites where a heating oil tank has been decommissioned or where a heating oil tank service provider certifies corrective action is complete;

�� (b) The specific information that a person must submit to certify that corrective action is complete;

�� (c) Provisions that allow the department to reject certification and require additional corrective action prior to approval by the department that the certification is complete and complies with the standard set forth in ORS 465.315; and

�� (d) Provisions to require additional information about a decommissioning before certifying the decommissioning.

�� (2) Any person requesting certification of a heating oil tank decommissioning under subsection (1) of this section shall file a request with the department accompanied by a filing fee of $100.

�� (3) Any person requesting certification of a heating oil tank corrective action under subsection (1) of this section shall file a request with the department accompanied by a filing fee of:

�� (a) $250 for a simple corrective action.

�� (b) $350 for an intermediate corrective action.

�� (c) $450 for a complex corrective action. [1999 c.979 �6; 2001 c.755 �1; 2007 c.85 �1; 2019 c.457 �4]

�� 466.878 Required actions when use of underground heating oil tank is terminated; requirements at time of sale of real property containing abandoned heating oil tank. (1) When the use of an underground heating oil tank is terminated because the tank is replaced or an oil-heated building or residence is converted to a different primary source of heat:

�� (a) The property owner shall ensure that the underground heating oil tank has been emptied of oil, which shall be appropriately managed.

�� (b) The vent line shall be left in place if the tank is not decommissioned.

�� (c) The person installing the new heating equipment shall advise the property owner that it is illegal to disconnect a heating oil tank without pumping out the tank and that there are practices recommended by the Department of Environmental Quality for decommissioning a heating oil tank.

�� (2) When real property is sold, the seller shall ensure that any abandoned heating oil tank that is known to be on the property has been emptied of oil, which shall be appropriately managed, and the seller shall provide to the buyer documentation showing that the tank has been emptied. [1999 c.880 �6]

�� 466.880 [Formerly 459.995; (3) and (4) enacted by 1985 c.733 �17; 1987 c.266 �1; 1991 c.734 �35; renumbered 466.990 in 1997]

�� 466.882 Rules. The Environmental Quality Commission shall adopt rules necessary to carry out ORS 466.858 to 466.878. The rules shall include but need not be limited to:

�� (1) A voluntary process for certifying the decommissioning of an abandoned underground heating oil tank;

�� (2) Information required to be submitted by a licensed heating oil tank service provider or homeowner to allow the Department of Environmental Quality to approve a heating oil tank corrective action;

�� (3) Rules defining simple, intermediate and complex corrective actions;

�� (4) Requirements for the approval of decommissioning;

�� (5) Standards to define adequate tank decommissioning; and

�� (6) Requirements for the approval by the Department of Environmental Quality of decommissioning of underground heating oil tanks that were decommissioned before August 17, 1999. [1999 c.979 �7; 1999 c.979 �16; 2019 c.457 �5]

�� 466.890 [1985 c.685 �2; renumbered 466.992 in 1997]

�� 466.895 [1987 c.539 �39; 1989 c.171 �61; 1991 c.734 �36; renumbered 466.994 in 1997]

�� 466.900 [1987 c.735 �23; renumbered

ORS 468.901

468.901); 1989 c.926 �41; 1989 c.1071 ��20,25; repealed by 1991 c.863 �11 (466.706 enacted in lieu of 466.705)]

OIL STORAGE TANKS

(General Provisions)

�� 466.706 Definitions for ORS 466.706 to 466.882 and 466.994. As used in ORS 466.706 to 466.882 and 466.994:

�� (1) �Commercial lending institution� means any financial institution or trust company, as those terms are defined in ORS 706.008, or any cooperative financial institution regulated by an agency of the federal government or this state.

�� (2) �Commission� means the Environmental Quality Commission.

�� (3) �Corrective action� means remedial action taken to protect the present or future public health, safety, welfare or the environment from a release of a regulated substance. �Corrective action� includes but is not limited to:

�� (a) The prevention, elimination, removal, abatement, control, minimization, investigation, assessment, evaluation or monitoring of a hazard or potential hazard or threat, including migration of a regulated substance; or

�� (b) Transportation, storage, treatment or disposal of a regulated substance or contaminated material from a site.

�� (4) �Decommission� means to remove from operation an underground storage tank, including temporary or permanent removal from operation, abandonment in place or removal from the ground.

�� (5) �Department� means the Department of Environmental Quality.

�� (6) �Facility� means any one or combination of underground storage tanks and underground pipes connected to the tanks, used to contain an accumulation of motor fuel, including gasoline or diesel oil, that are located at one contiguous geographical site.

�� (7) �Fee� means a fixed charge or service charge.

�� (8) �Guarantor� means any person other than the permittee who by guaranty, insurance, letter of credit or other acceptable device, provides financial responsibility for an underground storage tank as required under ORS 466.815.

�� (9) �Heating oil tank� means an aboveground or underground tank and pipes connected to the tank that contain heating oil for heating a building with human habitation or water heating not used for commercial processing.

�� (10) �Heating oil tank service� means the decommissioning of a heating oil tank or the performance of corrective action necessary as a result of a release of oil from a heating oil tank.

�� (11) �Investigation� means monitoring, surveying, testing or other information gathering.

�� (12) �Local unit of government� means a city, county, special service district, metropolitan service district created under ORS chapter 268 or a political subdivision of the state.

�� (13) �Oil� means gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse and any other petroleum related product or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and a pressure of 14.7 pounds per square inch absolute.

�� (14) �Owner� means the owner of an underground storage tank.

�� (15) �Permittee� means the owner or a person designated by the owner who is in control of or has responsibility for the daily operation or maintenance of an underground storage tank under a permit issued pursuant to ORS 466.760.

�� (16) �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 or the federal government or any agency of the federal government.

�� (17) �Regulated substance� means:

�� (a) Any substance listed by the United States Environmental Protection Agency in 40 C.F.R. Table 302.4 pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended (P.L. 96-510 and P.L. 98-80), but not including any substance regulated as a hazardous waste under 40 C.F.R. part 261 and OAR 340 Division 101;

�� (b) Oil; or

�� (c) Any other substance designated by the commission under ORS 466.630.

�� (18) �Release� means the discharge, deposit, injection, dumping, spilling, emitting, leaking or placing of a regulated substance from an underground storage tank into the air or into or on land or the waters of the state, other than as authorized by a permit issued under state or federal law.

�� (19) �Stage I vapor collection system� means a system where gasoline vapors are forced from a tank into a vapor-tight holding system or vapor control system through direct displacement by the gasoline being loaded.

�� (20) �Stage II vapor collection system� means a system where at least 90 percent, by weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling are transferred to a vapor-tight holding system or vapor control system.

�� (21) �Underground storage tank� means any one or combination of tanks and underground pipes connected to the tank, used to contain an accumulation of a regulated substance, and the volume of which, including the volume of the underground pipes connected to the tank, is 10 percent or more beneath the surface of the ground.

�� (22) �Waters of the state� has the meaning given that term in ORS 468B.005. [1991 c.863 �12 (enacted in lieu of 466.705); 1997 c.631 �479; 1999 c.880 �10; 1999 c.979 �8]

�� 466.710 Application of ORS 466.706 to 466.882 and 466.994. ORS 466.706 to 466.882 and 466.994 shall not apply to a:

�� (1) Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes.

�� (2) Except as provided in ORS 466.858 to 466.878, tank used for storing heating oil for consumptive use on the premises where stored.

�� (3) Septic tank.

�� (4) Pipeline facility including gathering lines regulated:

�� (a) Under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1671);

�� (b) Under the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 2001); or

�� (c) As an intrastate pipeline facility under state laws comparable to the provisions of law referred to in paragraph (a) or (b) of this subsection.

�� (5) Surface impoundment, pit, pond or lagoon.

�� (6) Storm water or waste water collection system.

�� (7) Flow-through process tank.

�� (8) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

�� (9) Storage tank situated in an underground area if the storage tank is situated upon or above the surface of a floor. As used in this subsection, �underground area� includes but is not limited to a basement, cellar, mine, drift, shaft or tunnel.

�� (10) Pipe connected to any tank described in subsections (1) to (8) of this section. [Formerly

ORS 468A.992

468A.992 is exempt from ad valorem property taxation. [2001 c.753 �18]

�� 307.394 Farm machinery and equipment and related property used or held for use for agricultural, horticultural or animal husbandry purposes; exclusion of land and buildings. (1) The following property is exempt from ad valorem property taxation:

�� (a) Farm machinery and equipment used or held for use primarily in the preparation of land or the planting, raising, cultivating, irrigating, harvesting or placing in storage of farm crops;

�� (b) Farm machinery and equipment used or held for use primarily for the purpose of:

�� (A) Feeding or breeding livestock, poultry, fur-bearing animals or bees;

�� (B) The management and sale of livestock, poultry, fur-bearing animals or bees or their produce; or

�� (C) Dairying and the sale of dairy products;

�� (c) Machinery and equipment used or held for use primarily to implement a remediation plan as defined in ORS 308A.053 for the period of time for which the remediation plan is certified; or

�� (d) Farm machinery and equipment used or held for use primarily in any other agricultural or horticultural use or animal husbandry or any combination of these activities.

�� (2)(a) Items of property, including tools and machinery and equipment that are used or held for use primarily in the construction, reconstruction, maintenance, repair, support or operation of farm machinery, and equipment and other real or personal farm improvements that are used or held for use primarily in animal husbandry, agricultural or horticultural activities, or any combination of these activities, are exempt from ad valorem property taxation.

�� (b) An item of property described in paragraph (a) of this subsection is exempt from ad valorem property taxation only if the person that owns, possesses or controls the item also:

�� (A) Owns, possesses or controls the farm machinery, equipment and other real and personal farm improvements for which the item is used or held for use; and

�� (B) Carries on the animal husbandry, agricultural or horticultural activity, or combination of activities, in which the farm machinery, equipment or other real and personal farm improvements are used or held for use.

�� (c) This subsection does not apply to land or buildings. [2001 c.753 �15; 2009 c.776 �8; 2024 c.83 �1]

�� 307.395 [1971 c.141 ��1,2; 1983 c.740 �87; repealed by 1991 c.459 �81]

�� 307.397 Certain machinery and equipment used in agricultural, aquacultural or fresh shell egg industry operations. (1) The following items of real property machinery and equipment or tangible personal property are exempt from ad valorem property taxation:

�� (a) Frost control systems used in agricultural or horticultural activities carried on by the farmer;

�� (b) Trellises used for hops, beans or fruit or for other agricultural or horticultural purposes;

�� (c) Hop harvesting equipment, including but not limited to hop pickers;

�� (d) Oyster racks, trays, stakes and other in-water structures used to raise bivalve mollusks; or

�� (e) Equipment used for the fresh shell egg industry that is directly related and reasonably necessary to produce, prepare, package and ship fresh shell eggs from the place of origin to market, whether bolted to the floor, wired or plumbed to interconnected equipment, including but not limited to grain bins, conveyors for transporting grain, grain grinding machinery, feed storage hoppers, cages, egg collection conveyors and equipment for washing, drying, candling, grading, packaging and shipping fresh shell eggs.

�� (2) A real property building, structure or improvement is exempt from ad valorem property taxation if it:

�� (a) Is used primarily to grow plants for agricultural or horticultural production;

�� (b) Is covered with polyethylene, fiberglass, corrugated polycarbonate acrylic or any other transparent or translucent material designed primarily to allow passage of solar heat and light; and

�� (c) Does not have a permanent heat source other than radiant heating provided by direct sunlight. [2001 c.753 �16; 2009 c.776 �11]

�� 307.398 Irrigation equipment. (1) Center pivots, wheel lines or movable set lines are exempt from ad valorem property taxation.

�� (2) As used in this section:

�� (a) �Center pivot� means a piece of self-propelled machinery that rotates around a riser for the purpose of sprinkling a circular tract of land. �Center pivot� includes all of the component parts of the center pivot irrigation system that are ordinarily located above the ground on the land to be irrigated and that can be disconnected from the riser and moved to another point. A center pivot constitutes personal property.

�� (b) �Center pivot irrigation system� means an irrigation system that uses pumping stations and pipelines to convey water from its source to a riser to which a center pivot may be connected and used for sprinkling.

�� (c) �Riser� means a pipe located in the field to be irrigated that rises vertically through the surface of the ground. [2001 c.753 �17]

(Inventory)

�� 307.400 Inventory. Items of tangible personal property consisting of inventory, including but not limited to materials, supplies, containers, goods in process, finished goods and other personal property owned by or in possession of the taxpayer, that are or will become part of the stock in trade of the taxpayer held for sale in the ordinary course of business, are exempt from ad valorem property taxation. [Formerly

ORS 469.040

469.040.

�� (11) �Electric utility� means persons, regulated electrical companies, people�s utility districts, joint operating agencies, electric cooperatives, municipalities or any combination thereof, engaged in or authorized to engage in the business of generating, supplying, transmitting or distributing electric energy.

�� (12)(a) �Energy facility� means any of the following:

�� (A) An electric power generating plant with a nominal electric generating capacity of 25 megawatts or more, including but not limited to:

�� (i) Thermal power;

�� (ii) Combustion turbine power plant; or

�� (iii) Solar thermal power plant.

�� (B) A nuclear installation as defined in this section.

�� (C) A high voltage transmission line of more than 10 miles in length with a capacity of 230,000 volts or more to be constructed in more than one city or county in this state, but excluding:

�� (i) Lines proposed for construction entirely within 500 feet of an existing corridor occupied by high voltage transmission lines with a capacity of 230,000 volts or more;

�� (ii) Lines of 57,000 volts or more that are rebuilt and upgraded to 230,000 volts along the same right of way; and

�� (iii) Associated transmission lines.

�� (D) A solar photovoltaic power generation facility using more than:

�� (i) 240 acres located on high-value farmland as defined in ORS 195.300;

�� (ii) 2,560 acres located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

�� (iii) 3,840 acres located on any other land.

�� (E) A pipeline that is:

�� (i) At least six inches in diameter, and five or more miles in length, used for the transportation of crude petroleum or a derivative thereof, liquefied natural gas, a geothermal energy form in a liquid state or other fossil energy resource, excluding a pipeline conveying natural or synthetic gas;

�� (ii) At least 16 inches in diameter, and five or more miles in length, used for the transportation of natural or synthetic gas, but excluding:

�� (I) A pipeline proposed for construction of which less than five miles of the pipeline is more than 50 feet from a public road, as defined in ORS 368.001; or

�� (II) A parallel or upgraded pipeline up to 24 inches in diameter that is constructed within the same right of way as an existing 16-inch or larger pipeline that has a site certificate, if all studies and necessary mitigation conducted for the existing site certificate meet or are updated to meet current site certificate standards; or

�� (iii) At least 16 inches in diameter and five or more miles in length used to carry a geothermal energy form in a gaseous state but excluding a pipeline used to distribute heat within a geothermal heating district established under ORS chapter 523.

�� (F) A synthetic fuel plant which converts a natural resource including, but not limited to, coal or oil to a gas, liquid or solid product intended to be used as a fuel and capable of being burned to produce the equivalent of two billion Btu of heat a day.

�� (G) A plant which converts biomass to a gas, liquid or solid product, or combination of such products, intended to be used as a fuel and if any one of such products is capable of being burned to produce the equivalent of six billion Btu of heat a day.

�� (H) A storage facility for liquefied natural gas constructed after September 29, 1991, that is designed to hold at least 70,000 gallons.

�� (I) A surface facility related to an underground gas storage reservoir that, at design injection or withdrawal rates, will receive or deliver more than 50 million cubic feet of natural or synthetic gas per day, or require more than 4,000 horsepower of natural gas compression to operate, but excluding:

�� (i) The underground storage reservoir;

�� (ii) The injection, withdrawal or monitoring wells and individual wellhead equipment; and

�� (iii) An underground gas storage reservoir into which gas is injected solely for testing or reservoir maintenance purposes or to facilitate the secondary recovery of oil or other hydrocarbons.

�� (J) An electric power generating plant with an average electric generating capacity of 50 megawatts or more if the power is produced from geothermal energy at a single energy facility or within a single energy generation area.

�� (K) An electric power generating plant with an average electric generating capacity of 100 megawatts or more if the power is produced from wind energy at a single energy facility or within a single energy generation area.

�� (b) �Energy facility� does not include a hydroelectric facility or an energy facility under paragraph (a)(A)(iii) or (D) of this subsection that is established on the site of a decommissioned United States Air Force facility that has adequate transmission capacity to serve the energy facility.

�� (13) �Energy generation area� means an area within which the effects of two or more small generating plants may accumulate so the small generating plants have effects of a magnitude similar to a single generating plant of 35 megawatts average electric generating capacity or more. An �energy generation area� for facilities using a geothermal resource and covered by a unit agreement, as provided in ORS 522.405 to 522.545 or by federal law, shall be defined in that unit agreement. If no such unit agreement exists, an energy generation area for facilities using a geothermal resource shall be the area that is within two miles, measured from the electrical generating equipment of the facility, of an existing or proposed geothermal electric power generating plant, not including the site of any other such plant not owned or controlled by the same person.

�� (14) �Extraordinary nuclear occurrence� means any event causing a discharge or dispersal of source material, special nuclear material or by-product material as those terms are defined in ORS 453.605, from its intended place of confinement off-site, or causing radiation levels off-site, that the United States Nuclear Regulatory Commission or its successor determines to be substantial and to have resulted in or to be likely to result in substantial damages to persons or property off-site.

�� (15) �Facility� means an energy facility together with any related or supporting facilities.

�� (16) �Geothermal reservoir� means an aquifer or aquifers containing a common geothermal fluid.

�� (17) �Local government� means a city or county.

�� (18) �Nominal electric generating capacity� means the maximum net electric power output of an energy facility based on the average temperature, barometric pressure and relative humidity at the site during the times of the year when the facility is intended to operate.

�� (19) �Nuclear incident� means any occurrence, including an extraordinary nuclear occurrence, that results in bodily injury, sickness, disease, death, loss of or damage to property or loss of use of property due to the radioactive, toxic, explosive or other hazardous properties of source material, special nuclear material or by-product material as those terms are defined in ORS 453.605.

�� (20) �Nuclear installation� means any power reactor, nuclear fuel fabrication plant, nuclear fuel reprocessing plant, waste disposal facility for radioactive waste, and any facility handling that quantity of fissionable materials sufficient to form a critical mass. �Nuclear installation� does not include any such facilities that are part of a thermal power plant.

�� (21) �Nuclear power plant� means an electrical or any other facility using nuclear energy with a nominal electric generating capacity of 25 megawatts or more, for generation and distribution of electricity, and associated transmission lines.

�� (22) �Person� means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, people�s utility district, or any other entity, public or private, however organized.

�� (23) �Project order� means the order, including any amendments, issued by the State Department of Energy under ORS 469.330.

�� (24)(a) �Radioactive waste� includes all material which is discarded, unwanted or has no present lawful economic use, and contains mined or refined naturally occurring isotopes, accelerator produced isotopes and by-product material, source material or special nuclear material as those terms are defined in ORS 453.605.

�� (b) �Radioactive waste� does not include:

�� (A) Materials identified by the council by rule as presenting no significant danger to the public health and safety.

�� (B) Uranium mine overburden or uranium mill tailings, mill wastes or mill by-product materials as those terms are defined in Title 42, United States Code, section 2014, on June 25, 1979.

�� (25) �Related or supporting facilities� means any structure, proposed by the applicant, to be constructed or substantially modified in connection with the construction of an energy facility, including associated transmission lines, reservoirs, storage facilities, intake structures, road and rail access, pipelines, barge basins, office or public buildings, and commercial and industrial structures. �Related or supporting facilities� does not include geothermal or underground gas storage reservoirs, production, injection or monitoring wells or wellhead equipment or pumps.

�� (26) �Site� means any proposed location of an energy facility and related or supporting facilities.

�� (27) �Site certificate� means the binding agreement between the State of Oregon and the applicant, authorizing the applicant to construct and operate a facility on an approved site, incorporating all conditions imposed by the council on the applicant.

�� (28) �Thermal power plant� means an electrical facility using any source of thermal energy with a nominal electric generating capacity of 25 megawatts or more, for generation and distribution of electricity, and associated transmission lines, including but not limited to a nuclear-fueled, geothermal-fueled or fossil-fueled power plant, but not including a portable power plant the principal use of which is to supply power in emergencies. �Thermal power plant� includes a nuclear-fueled thermal power plant that has ceased to operate.

�� (29) �Transportation� means the transport within the borders of the State of Oregon of radioactive material destined for or derived from any location.

�� (30) �Underground gas storage reservoir� means any subsurface sand, strata, formation, aquifer, cavern or void, whether natural or artificially created, suitable for the injection, storage and withdrawal of natural gas or other gaseous substances. �Underground gas storage reservoir� includes a pool as defined in ORS 520.005.

�� (31) �Utility� includes:

�� (a) A person, a regulated electrical company, a people�s utility district, a joint operating agency, an electric cooperative, municipality or any combination thereof, engaged in or authorized to engage in the business of generating, transmitting or distributing electric energy;

�� (b) A person or public agency generating electric energy from an energy facility for its own consumption; and

�� (c) A person engaged in this state in the transmission or distribution of natural or synthetic gas.

�� (32) �Waste disposal facility� means a geographical site in or upon which radioactive waste is held or placed but does not include a site at which radioactive waste used or generated pursuant to a license granted under ORS 453.635 is stored temporarily, a site of a thermal power plant used for the temporary storage of radioactive waste from that plant for which a site certificate has been issued pursuant to this chapter or a site used for temporary storage of radioactive waste from a reactor operated by a college, university or graduate center for research purposes and not connected to the Northwest Power Grid. As used in this subsection, �temporary storage� includes storage of radioactive waste on the site of a nuclear-fueled thermal power plant for which a site certificate has been issued until a permanent storage site is available by the federal government. [Formerly 453.305; 1977 c.796 �1; 1979 c.283 �1; 1981 c.587 �1; 1981 c.629 �2; 1981 c.707 �1; 1981 c.866 �1; 1991 c.480 �4; 1993 c.544 �3; 1993 c.569 �3; 1995 c.505 �6; 1995 c.551 �10; 1997 c.606 �1; 1999 c.365 �5; 2001 c.134 �2; 2001 c.683 �6; 2003 c.186 �28; 2013 c.320 �1; 2019 c.650 �1; 2021 c.38 �1; 2023 c.336 �3; 2024 c.25 �1; 2025 c.162 �1]

�� 469.310 Policy. In the interests of the public health and the welfare of the people of this state, it is the declared public policy of this state that the siting, construction and operation of energy facilities shall be accomplished in a manner consistent with protection of the public health and safety and in compliance with the energy policy and air, water, solid waste, land use and other environmental protection policies of this state. It is, therefore, the purpose of ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and 469.992 to exercise the jurisdiction of the State of Oregon to the maximum extent permitted by the United States Constitution and to establish in cooperation with the federal government a comprehensive system for the siting, monitoring and regulating of the location, construction and operation of all energy facilities in this state. It is furthermore the policy of this state, notwithstanding ORS 469.010 (2)(f) and the definition of cost-effective in ORS 469.020, that the need for new generating facilities, as defined in ORS 469.503, is sufficiently addressed by reliance on competition in the market rather than by consideration of cost-effectiveness and shall not be a matter requiring determination by the Energy Facility Siting Council in the siting of a generating facility, as defined in ORS 469.503. [Formerly 453.315; 1997 c.428 �1; 2003 c.186 �29]

(Siting)

�� 469.320 Site certificate required; exceptions. (1) Except as provided in subsections (2) and (5) of this section, no facility shall be constructed or expanded unless a site certificate has been issued for the site thereof in the manner provided in ORS 469.300 to 469.563, 469.590 to

ORS 469.155

469.155;

�� (i) Except for a proposed space heating project for a dwelling under paragraph (h) of this subsection, the loan does not finance any project for which the projected economic value of the energy savings of the project during the first year the project is implemented is equal to or greater than the cost of the project; and

�� (j) The loan will not preclude individuals and small businesses from access to loan moneys.

�� (3) The director shall notify the applicant and the presiding officer of the committee of the director�s action and of the reasons for that action. The director shall inform the applicant of the review procedure established in ORS 470.100. [1979 c.672 �5; 1981 c.50 �4; 1981 c.565 �4; 1983 c.188 �3; 2003 c.186 �58; 2005 c.201 �6; 2009 c.753 �58]

�� 470.100 Committee review of rejection or approval in different amount; committee appeal to Governor; finality of Governor�s action. (1) If the Director of the State Department of Energy rejects a loan application or approves a loan amount different than that requested by the applicant, the applicant may request that the Small Scale Local Energy Project Advisory Committee review the director�s action.

�� (2) The committee may review the director�s action on its own motion or at the request of the applicant. A majority of the members of the committee may authorize the presiding officer of the committee to appeal the director�s action to the Governor.

�� (3) An appeal of the director�s action may be initiated by the presiding officer of the committee no later than 45 days after the date the applicant receives notice of the director�s action under ORS 470.090.

�� (4) The decision of the Governor is final. If the Governor fails to act within 30 days after receiving the appeal, the appeal shall be considered to be denied.

�� (5) Notwithstanding ORS chapter 183, a decision of the director or the Governor on an application for financing under ORS 470.090 or this section is not subject to judicial review. [1979 c.672 �6; 2003 c.186 �59; 2009 c.753 �59]

�� 470.110 Gifts credited to Small Scale Local Energy Project Loan Fund. The Director of the State Department of Energy may accept gifts of money or other property from any source, given for the purposes of ORS 470.050 to 470.120, 470.140 and 470.150 to 470.210. Money so received shall be paid into the Small Scale Local Energy Project Loan Fund. Money or other property so received shall be used for the purposes for which received. [1979 c.672 �12; 2003 c.186 �60; 2009 c.753 �60; 2025 c.91 �3]

�� 470.120 Limit on loan to amount not funded by other sources. If the applicant receives from any source other than the Small Scale Local Energy Project Loan Fund, the Energy Project Supplemental Fund or the Energy Project Bond Loan Fund any moneys to assist in the development of the project, the amount of the loan to the applicant from the Small Scale Local Energy Project Loan Fund, Energy Project Supplemental Fund or Energy Project Bond Loan Fund shall be limited to that amount necessary for the development of those portions of the project not funded by other sources. [1979 c.672 �15; 2009 c.753 �61]

�� 470.130 Appropriation of Small Scale Local Energy Project Loan Fund. All moneys in the Small Scale Local Energy Project Loan Fund created by Article XI-J of the Oregon Constitution are appropriated continuously to the State Department of Energy and shall be used for the purposes authorized under this chapter. [1979 c.672 �16; 2003 c.186 �61; 2009 c.753 �62]

�� 470.135 Administration of small scale local energy project loan program funds and accounts. The duties of the Director of the Oregon Department of Administrative Services to establish, maintain and keep accounts of, and make disbursements or transfers out of, the funds and accounts established or identified in the two bond indentures, as supplemented, dated June 1, 1981, and September 1, 1985, that relate to the Small Scale Local Energy Project Loan Program established by Article XI-J of the Oregon Constitution and this chapter are transferred to the State Department of Energy. Notwithstanding the transfer of these fiscal functions to the State Department of Energy, in accordance with ORS 291.015 (2), the State Department of Energy�s performance of these fiscal functions shall remain subject to the control of the Oregon Department of Administrative Services. [1993 c.496 �2; 2003 c.186 �62]

�� 470.140 Rulemaking authority. In accordance with the applicable provisions of ORS chapter 183, the Director of the State Department of Energy may adopt rules considered necessary to carry out the purposes of this chapter. [1979 c.762 ��13,27; 2003 c.186 �63; 2009 c.753 �63; 2025 c.91 �2]

�� 470.145 State Department of Energy to develop marketing plan. The State Department of Energy shall develop, implement and periodically update a marketing plan to inform potential applicants of the availability of small scale local energy project loans. The first priority of the marketing plan shall be to inform individuals and small businesses that small scale local energy project loans are available. [1983 c.188 �9]

(Loans and Repayment)

�� 470.150 Loan contract; security; content. Except as provided in ORS 470.155 and 470.170, if the Director of the State Department of Energy approves the financing of a small scale local energy project, the director, on behalf of the state, and the applicant may enter into a loan contract, secured by a first lien or by other good and sufficient collateral in the manner provided in ORS 470.155 to 470.210. For purposes of this section, the interest of the State Department of Energy under a lease purchase contract entered into with an eligible federal or state agency or a municipal corporation may constitute good and sufficient collateral. The contract:

�� (1) May provide that the director, on behalf of the state, must approve the arrangements made by the applicant for the development, operation and maintenance of the small scale local energy project, using moneys in the Small Scale Local Energy Project Loan Fund for the project development.

�� (2) Shall provide a plan for repayment by the applicant of moneys borrowed from the loan fund used for the development of the small scale local energy project and interest on those moneys used at a rate of interest the director determines is necessary to provide adequate funds to recover the administrative expenses incurred in connection with the loan. The director shall set the interest rate at an incremental rate above the interest rate on the underlying bonds in an amount sufficient to recover all program-related costs including, but not limited to, implementation, financing, administration and promotional costs for the program. The incremental rate for projects proposed by an eligible federal agency shall be greater than the incremental rate charged to any other governmental borrower. The repayment plan, among other matters:

�� (a) Shall provide for commencement of repayment by the applicant of moneys used for project development and interest thereon not later than two years after the date of the loan contract or at any other time as the director may provide. In addition to any other prepayment option provided in a borrower�s loan agreement, the department shall provide a borrower the opportunity to prepay the borrower�s loan, without any additional premium, by defeasing such loan to the call date of the bond or bonds funding the applicable loan, or any refunding bonds linked to the loan, but such defeasance shall occur only if the director finds that after the defeasance, the sinking fund will have sufficient funds to make payments required under ORS 470.300 (1).

�� (b) May provide for reasonable extension of the time for making any repayment in emergency or hardship circumstances, if approved by the director.

�� (c) Shall provide for evidence of debt assurance of and security for repayment by the applicant considered necessary or proper by the director.

�� (d) Shall set forth the period of loan, which may not exceed the usable life of the completed project, or 30 years from the date of the loan contract, whichever is less.

�� (e) May set forth a procedure for formal declaration of default of payment by the director, including formal notification of all relevant federal, state and local agencies; and further, a procedure for notification of all relevant federal, state and local agencies that declaration of default has been rescinded when appropriate.

�� (3) May include provisions satisfactory to the director for field inspection, the director to be the final judge of completion of the project.

�� (4) May provide that the liability of the state under the contract is contingent upon the availability of moneys in the loan fund for use in the planning and development of the project.

�� (5) May include further provisions the director considers necessary to ensure expenditure of the funds for the purposes set forth in the approved application.

�� (6) May provide that the director may institute an appropriate action or suit to prevent use of the project financed by the loan fund by any person who is delinquent in the repayment of any moneys due the sinking fund.

�� (7) If the project is being financed by an energy efficiency and sustainable technology loan or small scale local energy program loan, in addition to the requirements of subsections (1) to (6) of this section, shall include:

�� (a) For an energy efficiency and sustainable technology loan that relies on an on-bill financing system for the collection of a loan repayment charge, an agreement by the applicant to notify a person acquiring ownership of, or an interest in, the property from the applicant that the loan repayment charge will be transferred to the utility customer account of the person acquiring the ownership or interest unless the loan is discharged before or at the time the ownership or interest transfers;

�� (b) A plainly worded acknowledgment by the applicant that failure to make payments as required under the loan agreement may result in the foreclosure of a property lien or other debt collection actions;

�� (c) A waiver stating that the applicant waives any jurisdictional or other irregularities or defects in:

�� (A) The energy efficiency and sustainable technology loan program;

�� (B) A small scale local energy project;

�� (C) The small scale local energy program loan provisions;

�� (D) This chapter; or

�� (E) Department rules that relate in any way to the loan repayment charge, real property lien provisions or any form or combination of loan security or to the requirement to satisfy the loan obligation;

�� (d) If the applicant is not the owner of the property to be burdened by the loan repayment charge, fixture filing or real property lien, provision for participation by the property owner as a party to the contract or a notarized authorization by the owner for the fixture filing and lien; and

�� (e) A description of any other conditions required by the department. [1979 c.672 �7; 1985 c.593 �4; 1987 c.365 �2; 1997 c.29 �4; 1997 c.482 �1; 1999 c.365 �8; 2003 c.186 �64; 2009 c.753 �64]

�� 470.155 Loan contract in form of intergovernmental agreement; provisions. A loan contract with an eligible state agency for a small scale local energy project may be made in the form of an intergovernmental agreement under ORS chapter 190. The agreement shall set forth, among other matters, that:

�� (1) The small scale local energy project shall be security for the loan.

�� (2) The applicant pledges to request each biennium during the term of the loan, spending authorization or appropriation of funds from the Legislative Assembly or pledges to otherwise provide funds sufficient to pay the loan payments due that biennium.

�� (3) If applicable, the pledge of the applicant to repay the loan shall be contingent upon the continued spending authorization or appropriation by the Legislative Assembly of funds sufficient to pay the loan. [1985 c.593 �6; 1991 c.118 �3; 1997 c.29 �5]

�� 470.160 Payment from loan funds. If the Director of the State Department of Energy approves a loan for a small scale local energy project, the State Treasurer shall pay moneys for such project from the Small Scale Local Energy Project Loan Fund or Energy Project Bond Loan Fund in accordance with the terms of the loan contract, as prescribed by the director. [1979 c.672 �8; 2003 c.186 �65; 2009 c.753 �65]

�� 470.170 Security for loan. (1)(a) Except as otherwise provided in this subsection, when a loan is made under this chapter to an applicant other than a municipal corporation, the loan shall be secured pursuant to a mortgage, trust deed, security agreement, pledge, assignment or similar instrument, by a security interest or lien on real or personal property in the full amount of the loan or as the Director of the State Department of Energy shall require for adequate security, including but not limited to long-term leasehold interests or equitable interests in real property or personal property. In lieu of, or in addition to, any of the collateral otherwise described in this paragraph, the applicant may secure the loan by providing credit enhancement, including but not limited to a letter of credit or payment bond, or a guaranty acceptable to the director.

�� (b) To the extent consistent with any declaration, pledge or agreement for bonds issued under ORS

ORS 469.233

469.233, the Director of the State Department of Energy may adopt rules to update the minimum energy efficiency standards specified in ORS 469.233 if the director determines that the standards need to be updated:

�� (A) To promote energy conservation in the state;

�� (B) To achieve cost-effectiveness for consumers; or

�� (C) Due to federal action or to the outcome of collaborative consultations with manufacturers and the energy departments of other states.

�� (b)(A) In addition to the rules adopted under paragraph (a) of this subsection, the director may postpone by rule the operative date of any of the minimum energy efficiency standards specified in ORS 469.233 if the director determines that:

�� (i) Adjoining states with similar minimum energy efficiency standards have postponed the operative date of their corresponding minimum energy efficiency standards; or

�� (ii) Failure to modify the operative date of any of the minimum energy efficiency standards would impose a substantial hardship on manufacturers, retailers or the public.

�� (B)(i) The director may not postpone the operative date of a minimum energy efficiency standard under subparagraph (A) of this paragraph for more than one year.

�� (ii) If at the end of the first postponement period the director determines that adjoining states have further postponed the operative date of minimum energy efficiency standards and the requirements of subparagraph (A) of this paragraph continue to be met, the director may postpone the operative date for not more than one additional year.

�� (c) After the review pursuant to subsection (1) of this section, the director may adopt rules to establish new minimum energy efficiency standards if the director determines that new standards are needed:

�� (A) To promote energy conservation in the state;

�� (B) To achieve cost-effectiveness for consumers; or

�� (C) Due to federal action or to the outcome of collaborative consultations with manufacturers and the energy departments of other states.

�� (d) If the director adopts rules under paragraph (a) of this subsection to update the minimum energy efficiency standards specified in ORS 469.233 or under paragraph (c) of this subsection to establish new minimum energy efficiency standards:

�� (A) The rules may not take effect until one year following their adoption by the director; and

�� (B) The Governor shall cause to be introduced at the next Legislative Assembly a bill to conform the statutory minimum energy efficiency standards to the minimum energy efficiency standards adopted by the director by rule.

�� (3) Notwithstanding ORS 469.229 and 469.233 and the requirements of subsection (2) of this section, and after consultation with the appropriate advisory boards to the Department of Consumer and Business Services, the director may adopt rules to update the minimum energy efficiency standards or test methods specified in ORS 469.233 to a more recent version, including any product definitions associated with the standard or test method, if the director determines that the standard or test method needs to be updated to maintain or improve consistency with other comparable standards in other states. Rules adopted under this subsection shall take effect on or after the effective date of a similar standard or test method adopted by another state.

�� (4) If the director determines that implementation of a state minimum energy efficiency standard requires a waiver of federal preemption, the director shall apply for a waiver of federal preemption pursuant to 42 U.S.C. 6297(d). [2005 c.437 �8; 2007 c.375 �7; 2007 c.649 �6a; 2021 c.108 �6]

�� Note: See note under 469.229.

�� 469.262 [1989 c.926 �24; repealed by 1999 c.880 �2]

�� 469.267 [1989 c.926 �26; 1993 c.617 �9; repealed by 1999 c.880 �2]

�� 469.269 [1989 c.926 �27; 1993 c.617 �10; repealed by 1999 c.880 �2]

�� 469.270 [1989 c.926 �28; 1991 c.67 �139; repealed by 1993 c.617 �29]

�� 469.274 [1989 c.926 ��31,32; 1991 c.641 �7; 1993 c.617 �11; repealed by 1999 c.880 �2]

ENERGY PERFORMANCE STANDARDS FOR COVERED COMMERCIAL BUILDINGS

�� 469.275 Definitions for ORS 469.275 to 469.291. As used in ORS 469.275 to 469.291:

�� (1)(a) �Agricultural building� means a structure that is used for:

�� (A) Storing, maintaining or repairing farm or forestry machinery and equipment;

�� (B) Raising, harvesting and selling crops or forest products;

�� (C) Feeding, breeding, managing and selling livestock, poultry, fur-bearing animals or honeybees or the produce of livestock, poultry, fur-bearing animals or honeybees;

�� (D) Dairying and selling dairy products; or

�� (E) Any other agricultural, forestry or horticultural use or animal husbandry, or any combination of agricultural, horticultural or animal husbandry uses, including preparing and storing produce raised on the farm for human use and animal use, preparing, processing and storing agricultural and forestry products and goods and disposing, by marketing or otherwise, of farm produce or forest products.

�� (b) �Agricultural building� does not include:

�� (A) A dwelling;

�� (B) A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time;

�� (C) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476;

�� (D) A structure used by the public; or

�� (E) A structure that is subject to the National Flood Insurance Act of 1968 (42 U.S.C 4001 to 4127), as amended, and regulations promulgated under that Act.

�� (2) �Conditional compliance� means a temporary method that a building owner can use to demonstrate that the building owner has implemented required energy use reduction strategies when the building owner cannot demonstrate full compliance with a required energy use intensity target.

�� (3) �Covered commercial building� means a tier 1 building or a tier 2 building.

�� (4) �Eligible building owner� means:

�� (a) An owner of a tier 1 building that must comply with the standard established in ORS 469.277; or

�� (b) An owner of a tier 2 building.

�� (5) �Energy� means:

�� (a) Electricity, including electricity that is delivered through the electric grid and electricity that is generated at a building site using solar or wind energy resources;

�� (b) Natural gas;

�� (c) Steam, hot water or chilled water used for heating or cooling;

�� (d) Propane;

�� (e) Fuel oil;

�� (f) Wood;

�� (g) Coal; or

�� (h) Any other fuel that meets a covered commercial building�s energy load.

�� (6) �Energy use intensity� means a measurement that weather normalizes a building�s site energy use relative to the building�s size, calculated by dividing the total net energy the building consumes in one year by the building�s gross floor area, excluding any parking garage, and that is reported in thousands of British thermal units per square foot per year.

�� (7) �Energy use intensity target� means a net energy use intensity that complies with the standard set forth in ORS 469.277.

�� (8) �Greenhouse gas� has the meaning given that term in ORS 468A.210.

�� (9)(a) �Gross floor area� means the total number of square feet of a building, measured from the exterior surfaces of a building�s fixed enclosing walls, including all floor space used as offices, lobbies, restrooms, equipment storage areas, mechanical rooms, break rooms and elevator shafts.

�� (b) �Gross floor area� does not include bays or docks outside the building.

�� (10) �Net energy use� means the sum of metered and bulk fuel energy that enters a building, minus the sum of metered energy that leaves the building.

�� (11) �Savings to investment ratio� means the ratio of the total present value of savings to the total present value of costs to implement an energy conservation measure or water conservation measure, in which the numerator of the ratio is the present value of net savings in energy or water or in maintenance costs not related to fuel use or water use that are attributable to the energy conservation measure or water conservation measure and the denominator of the ratio is the present value of the net increase in investment and replacement costs, less the salvage value, of the energy conservation or water conservation measure.

�� (12) �Semiheated space� means an enclosed space within a covered commercial building that is heated by a heating system with an output the Department of Consumer and Business Services specifies in an applicable specialty code.

�� (13) �Tier 1 building� means a building in which the sum of gross floor area for hotel, motel and nonresidential use equals or exceeds 35,000 square feet, excluding any parking garage.

�� (14)(a) �Tier 2 building� means:

�� (A) A building with gross floor area, excluding any parking garage, that equals or exceeds 35,000 square feet and that is used as a multifamily residential building, a hospital, a school, a dormitory or a university building; or

�� (B) A building in which the sum of gross floor area for hotel, motel and nonresidential use exceeds 20,000 square feet but does not exceed 35,000 square feet, excluding any parking garage.

�� (b) �Tier 2 building� does not include a covered commercial building that is classified as a tier 1 building.

�� (15) �Unconditioned space� means an enclosed space within a covered commercial building that is not:

�� (a) Heated by a heating system or cooled by a cooling system with output capacities the Department of Consumer and Business Services specifies in an applicable specialty code; or

�� (b) Indirectly heated or cooled in accordance with standards the department specifies in an applicable specialty code.

�� (16) �Weather normalized� means a method for modifying a building�s energy use intensity in a specific year to account for deviations from the building�s energy use intensity as the energy use intensity ordinarily occurs during a year in which the weather does not fluctuate substantially or vary as a consequence of extreme weather events. [2023 c.442 �8]

�� Note: 469.275 to 469.291 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.276 [1989 c.926 �33; repealed by 1999 c.880 �2]

�� 469.277 Department adoption of performance standards; enforcement; rules. (1)(a) Not later than December 31, 2024, the State Department of Energy, in consultation with the Department of Consumer and Business Services, shall adopt rules that use the American National Standards Institute�s standards for Energy Efficiency in Existing Buildings (ANSI/ASHRAE/IES Standard 100) as an initial model for specifying an energy performance standard for covered commercial buildings. In rulemaking proceedings to adopt or update rules under this paragraph, the State Department of Energy shall disclose the sources of information, including the model described in this paragraph and any peer-reviewed science, that the department relies on in developing or updating the energy performance standard. The department shall update the energy performance standard not later than July 1, 2029, and by the same month and day in each successive period of five years.

�� (b) The energy performance standard described in paragraph (a) of this subsection must:

�� (A) Comply with the requirements of ORS 469.275 to 469.279;

�� (B) Seek to maximize reductions in greenhouse gas emissions from covered commercial buildings;

�� (C) Include energy use intensity targets that apply to specific types of buildings; and

�� (D) Provide for methods to achieve conditional compliance with an applicable energy use intensity target, which must, at a minimum, require:

�� (i) Preparing an energy management plan;

�� (ii) Developing a program for building operations and maintenance that aims at achieving the applicable energy use intensity target;

�� (iii) Making investments in energy use efficiency measures that aim at achieving the applicable energy use intensity target; and

�� (iv) Submitting to energy use audits, which may be based upon or linked to ASHRAE Standard 211 audits.

�� (c) Adoption of the energy performance standard described in paragraph (a) of this subsection does not change eligibility criteria for, or benefits or incentives available under, other programs for energy efficiency demand response.

�� (2)(a) In adopting the energy performance standard described in subsection (1) of this section, the department:

�� (A) Shall:

�� (i) Develop energy use intensity targets that are not more stringent than the average energy use intensity for each covered commercial building occupancy classification, adjusting as necessary for a covered commercial building�s unique energy-using features;

�� (ii) Consider, for the purpose of establishing energy use intensity targets, regional and local data that identifies building energy use, such as existing benchmarking data from the Energy Star program established under 42 U.S.C. 6294a;

�� (iii) Consider, for the purpose of establishing the energy performance standard, federal and local programs that relate to energy efficiency standards, aligning where possible requirements under the energy performance standard to avoid duplicative work by regulators and eligible building owners;

�� (iv) Develop energy use intensity targets for two or more climate zones that represent energy use in a year with normal weather;

�� (v) Develop energy use intensity targets that exclude energy delivered through electric vehicle supply equipment; and

�� (vi) Adopt a conditional compliance method that:

�� (I) Requires eligible building owners of covered commercial buildings that do not meet an energy use intensity target to take action to reduce energy use; and

�� (II) Specifies investment criteria that meet the requirements set forth in paragraph (b) of this subsection and that ensure progress toward meeting the energy use intensity target; and

�� (B) May:

�� (i) Consider building occupancy classifications set forth in ANSI/ASHRAE/IES Standard 100 and the United States Environmental Protection Agency�s Energy Star portfolio manager;

�� (ii) Base energy use intensity targets for recently constructed covered commercial buildings on statewide energy codes that were in effect at the time the covered commercial building was constructed; and

�� (iii) Require utilities, eligible building owners and other entities to aggregate data for covered commercial buildings that have multiple meters and to report or, as appropriate, provide the aggregated data for reports under ORS 469.279.

�� (b)(A) Investment criteria the department specifies as part of a conditional compliance method under paragraph (a) of this subsection must:

�� (i) Ensure that an eligible building owner meets the covered commercial building�s energy use intensity target by implementing energy efficiency measures identified in energy use audits; and

�� (ii) Except as provided in subparagraph (B) of this paragraph, require an eligible building owner to implement an optimized bundle of energy efficiency measures that provide maximum energy savings without resulting in a savings to investment ratio of less than 1.0 or require the eligible building owner to achieve the energy use intensity target by means of an implementation plan that:

�� (I) Is based on an energy use audit and life-cycle cost analysis from ANSI/ASHRAE/IES Standard 211 that accounts for the period during which a bundle of energy efficiency measures provide savings;

�� (II) Reflects the eligible building owner�s net costs of implementing energy efficiency measures, excluding any costs that utility or government grants cover;

�� (III) Allows an exclusion of energy efficiency measures that do not pay back the cost of the energy efficiency measure over the useful life of the energy efficiency measure;

�� (IV) Allows an exclusion of energy efficiency measures that are excluded under subparagraph (B) of this paragraph; and

�� (V) Allows for phased implementation in which an eligible building owner need not replace a system or equipment before the useful life of the system or equipment ends.

�� (B) An eligible building owner need not meet an energy efficiency requirement that would compromise the historical integrity of a covered commercial building or part of a covered commercial building that:

�� (i) Is listed on a state or national register of historic places;

�� (ii) Is designated as an historic property under a state or local statute, ordinance, rule or other legislative act or a survey conducted under a statute, ordinance, rule or other legislative act;

�� (iii) Is certified as a contributing resource within a historic district that is listed on a national register or is locally designated as a historic district; or

�� (iv) A state historic preservation officer or the keeper of the national register of historic places has determined in an opinion or certification is eligible to be listed on the national or state register of historic places either as an individual building or as a building that contributes to a historic district.

�� (3) The department shall create a database of eligible building owners and covered commercial buildings that are subject to the requirements of ORS 469.275 to

ORS 469.501

469.501 or the overall public benefits of the facility outweigh any adverse effects on a resource or interest protected by the applicable standards the facility does not meet.

�� (2)(a) If the energy facility is a fossil-fueled power plant, the energy facility complies with any applicable carbon dioxide emissions standard adopted by the council or enacted by statute. Base load gas plants shall comply with the standard set forth in paragraph (b) of this subsection. Other fossil-fueled power plants shall comply with any applicable standard adopted by the council by rule pursuant to paragraph (c) of this subsection. Paragraphs (d) and (e) of this subsection prescribe the means by which an applicant may comply with the applicable standard.

�� (b) The net carbon dioxide emissions rate of the proposed base load gas plant shall not exceed 0.70 pounds of carbon dioxide emissions per kilowatt hour of net electric power output, with carbon dioxide emissions and net electric power output measured on a new and clean basis. Notwithstanding the foregoing, the council may by rule modify the carbon dioxide emissions standard for base load gas plants if the council finds that the most efficient stand-alone combined cycle, combustion turbine, natural gas-fired energy facility that is commercially demonstrated and operating in the United States has a net heat rate of less than 7,200 Btu per kilowatt hour higher heating value adjusted to ISO conditions. In modifying the carbon dioxide emission standard, the council shall determine the rate of carbon dioxide emissions per kilowatt hour of net electric output of such energy facility, adjusted to ISO conditions, and reset the carbon dioxide emissions standard at 17 percent below this rate.

�� (c) The council shall adopt carbon dioxide emissions standards for other types of fossil-fueled power plants. Such carbon dioxide emissions standards shall be promulgated by rule. In adopting or amending such carbon dioxide emissions standards, the council shall consider and balance at least the following principles, the findings on which shall be contained in the rulemaking record:

�� (A) Promote facility fuel efficiency;

�� (B) Promote efficiency in the resource mix;

�� (C) Reduce net carbon dioxide emissions;

�� (D) Promote cogeneration that reduces net carbon dioxide emissions;

�� (E) Promote innovative technologies and creative approaches to mitigating, reducing or avoiding carbon dioxide emissions;

�� (F) Minimize transaction costs;

�� (G) Include an alternative process that separates decisions on the form and implementation of offsets from the final decision on granting a site certificate;

�� (H) Allow either the applicant or third parties to implement offsets;

�� (I) Be attainable and economically achievable for various types of power plants;

�� (J) Promote public participation in the selection and review of offsets;

�� (K) Promote prompt implementation of offset projects;

�� (L) Provide for monitoring and evaluation of the performance of offsets; and

�� (M) Promote reliability of the regional electric system.

�� (d) The council shall determine whether the applicable carbon dioxide emissions standard is met by first determining the gross carbon dioxide emissions that are reasonably likely to result from the operation of the proposed energy facility. Such determination shall be based on the proposed design of the energy facility. The council shall adopt site certificate conditions to ensure that the predicted carbon dioxide emissions are not exceeded on a new and clean basis. For any remaining emissions reduction necessary to meet the applicable standard, the applicant may elect to use any of subparagraphs (A) to (D) of this paragraph, or any combination thereof. The council shall determine the amount of carbon dioxide or other greenhouse gas emissions reduction that is reasonably likely to result from the applicant�s offsets and whether the resulting net carbon dioxide emissions meet the applicable carbon dioxide emissions standard. For purposes of determining the net carbon dioxide emissions, the council shall by rule establish the global warming potential of each greenhouse gas based on a generally accepted scientific method, and convert any greenhouse gas emissions to a carbon dioxide equivalent. Unless otherwise provided by the council by rule, the global warming potential of methane is 23 times that of carbon dioxide, and the global warming potential of nitrous oxide is 296 times that of carbon dioxide. If the council or a court on judicial review concludes that the applicant has not demonstrated compliance with the applicable carbon dioxide emissions standard under subparagraph (A), (B) or (D) of this paragraph, or any combination thereof, and the applicant has agreed to meet the requirements of subparagraph (C) of this paragraph for any deficiency, the council or a court shall find compliance based on such agreement. For purposes of this paragraph, the applicable carbon dioxide emissions standards are:

�� (A) The facility will sequentially produce electrical and thermal energy from the same fuel source, and the thermal energy will be used to displace another source of carbon dioxide emissions that would have otherwise continued to occur, in which case the council shall adopt site certificate conditions ensuring that the carbon dioxide emissions reduction will be achieved.

�� (B) The applicant or a third party will implement particular offsets, in which case the council may adopt site certificate conditions ensuring that the proposed offsets are implemented but shall not require that predicted levels of avoidance, displacement or sequestration of greenhouse gas emissions be achieved. The council shall determine the quantity of greenhouse gas emissions reduction that is reasonably likely to result from each of the proposed offsets based on the criteria in sub-subparagraphs (i) to (iii) of this subparagraph. In making this determination, the council shall not allow credit for offsets that have already been allocated or awarded credit for greenhouse gas emissions reduction in another regulatory setting. In addition, the fact that an applicant or other parties involved with an offset may derive benefits from the offset other than the reduction of greenhouse gas emissions is not, by itself, a basis for withholding credit for an offset. The criteria required under this subparagraph shall be:

�� (i) The degree of certainty that the predicted quantity of greenhouse gas emissions reduction will be achieved by the offset;

�� (ii) The ability of the council to determine the actual quantity of greenhouse gas emissions reduction resulting from the offset, taking into consideration any proposed measurement, monitoring and evaluation of mitigation measure performance; and

�� (iii) The extent to which the reduction of greenhouse gas emissions would occur in the absence of the offsets.

�� (C) The applicant or a third party agrees to provide funds in an amount deemed sufficient to produce the reduction in greenhouse gas emissions necessary to meet the applicable carbon dioxide emissions standard, in which case the funds shall be used as specified in paragraph (e) of this subsection. Unless modified by the council as provided below, the payment of 57 cents shall be deemed to result in a reduction of one ton of carbon dioxide emissions. The council shall determine the offset funds using the monetary offset rate and the level of emissions reduction required to meet the applicable standard. If a site certificate is approved based on this subparagraph, the council may not adjust the amount of such offset funds based on the actual performance of offsets. After three years from June 26, 1997, the council may by rule increase or decrease the monetary offset rate of 57 cents per ton of carbon dioxide emissions. Any change to the monetary offset rate shall be based on empirical evidence of the cost of offsets and the council�s finding that the standard will be economically achievable with the modified rate for natural gas-fired power plants. Following the initial three-year period, the council may increase or decrease the monetary offset rate no more than 50 percent in any two-year period.

�� (D) Any other means that the council adopts by rule for demonstrating compliance with any applicable carbon dioxide emissions standard.

�� (e) If the applicant elects to meet the applicable carbon dioxide emissions standard in whole or in part under paragraph (d)(C) of this subsection, the applicant shall identify the qualified organization. The applicant may identify an organization that has applied for, but has not received, an exemption from federal income taxation, but the council may not find that the organization is a qualified organization unless the organization is exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 1996. The site certificate holder shall provide a bond or comparable security in a form reasonably acceptable to the council to ensure the payment of the offset funds and the amount required under subparagraph (A)(ii) of this paragraph. Such security shall be provided by the date specified in the site certificate, which shall be no later than the commencement of construction of the facility. The site certificate shall require that the offset funds be disbursed as specified in subparagraph (A) of this paragraph, unless the council finds that no qualified organization exists, in which case the site certificate shall require that the offset funds be disbursed as specified in subparagraph (B) of this paragraph.

�� (A) The site certificate holder shall disburse the offset funds and any other funds required by sub-subparagraph (ii) of this subparagraph to the qualified organization as follows:

�� (i) When the site certificate holder receives written notice from the qualified organization certifying that the qualified organization is contractually obligated to pay any funds to implement offsets using the offset funds, the site certificate holder shall make the requested amount available to the qualified organization unless the total of the amount requested and any amounts previously requested exceeds the offset funds, in which case only the remaining amount of the offset funds shall be made available. The qualified organization shall use at least 80 percent of the offset funds for contracts to implement offsets. The qualified organization shall assess offsets for their potential to qualify in, generate credits in or reduce obligations in other regulatory settings. The qualified organization may use up to 20 percent of the offset funds for monitoring, evaluation, administration and enforcement of contracts to implement offsets.

�� (ii) At the request of the qualified organization and in addition to the offset funds, the site certificate holder shall pay the qualified organization an amount equal to 10 percent of the first $500,000 of the offset funds and 4.286 percent of any offset funds in excess of $500,000. This amount shall not be less than $50,000 unless a lesser amount is specified in the site certificate. This amount compensates the qualified organization for its costs of selecting offsets and contracting for the implementation of offsets.

�� (iii) Notwithstanding any provision to the contrary, a site certificate holder subject to this subparagraph shall have no obligation with regard to offsets, the offset funds or the funds required by sub-subparagraph (ii) of this subparagraph other than to make available to the qualified organization the total amount required under paragraph (d) of this subsection and sub-subparagraph (ii) of this subparagraph, nor shall any nonperformance, negligence or misconduct on the part of the qualified organization be a basis for revocation of the site certificate or any other enforcement action by the council with respect to the site certificate holder.

�� (B) If the council finds there is no qualified organization, the site certificate holder shall select one or more offsets to be implemented pursuant to criteria established by the council. The site certificate holder shall give written notice of its selections to the council and to any person requesting notice. On petition by the State Department of Energy, or by any person adversely affected or aggrieved by the site certificate holder�s selection of offsets, or on the council�s own motion, the council may review such selection. The petition must be received by the council within 30 days of the date the notice of selection is placed in the United States mail, with first-class postage prepaid. The council shall approve the site certificate holder�s selection unless it finds that the selection is not consistent with criteria established by the council. The site certificate holder shall contract to implement the selected offsets within 18 months after commencing construction of the facility unless good cause is shown requiring additional time. The contracts shall obligate the expenditure of at least 85 percent of the offset funds for the implementation of offsets. No more than 15 percent of the offset funds may be spent on monitoring, evaluation and enforcement of the contract to implement the selected offsets. The council�s criteria for selection of offsets shall be based on the criteria set forth in paragraphs (c)(C) and (d)(B) of this subsection and may also consider the costs of particular types of offsets in relation to the expected benefits of such offsets. The council�s criteria shall not require the site certificate holder to select particular offsets, and shall allow the site certificate holder a reasonable range of choices in selecting offsets. In addition, notwithstanding any other provision of this section, the site certificate holder�s financial liability for implementation, monitoring, evaluation and enforcement of offsets pursuant to this subsection shall be limited to the amount of any offset funds not already contractually obligated. Nonperformance, negligence or misconduct by the entity or entities implementing, monitoring or evaluating the selected offset shall not be a basis for revocation of the site certificate or any other enforcement action by the council with respect to the site certificate holder.

�� (C) Every qualified organization that has received funds under this paragraph shall, at five-year intervals beginning on the date of receipt of such funds, provide the council with the information the council requests about the qualified organization�s performance. The council shall evaluate the information requested and, based on such information, shall make any recommendations to the Legislative Assembly that the council deems appropriate.

�� (f) As used in this subsection:

�� (A) �Adjusted to ISO conditions� means carbon dioxide emissions and net electric power output as determined at 59 degrees Fahrenheit, 14.7 pounds per square inch atmospheric pressure and 60 percent humidity.

�� (B) �Base load gas plant� means a generating facility that is fueled by natural gas, except for periods during which an alternative fuel may be used and when such alternative fuel use shall not exceed 10 percent of expected fuel use in Btu, higher heating value, on an average annual basis, and where the applicant requests and the council adopts no condition in the site certificate for the generating facility that would limit hours of operation other than restrictions on the use of alternative fuel. The council shall assume a 100 percent capacity factor for such plants and a 30-year life for the plants for purposes of determining gross carbon dioxide emissions.

�� (C) �Carbon dioxide equivalent� means the global warming potential of a greenhouse gas reflected in units of carbon dioxide.

�� (D) �Fossil-fueled power plant� means a generating facility that produces electric power from natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such material.

�� (E) �Generating facility� means those energy facilities that are defined in ORS 469.300 (12)(a)(A), (B) and (D).

�� (F) �Global warming potential� means the determination of the atmospheric warming resulting from the release of a unit mass of a particular greenhouse gas in relation to the warming resulting from the release of the equivalent mass of carbon dioxide.

�� (G) �Greenhouse gas� means carbon dioxide, methane and nitrous oxide.

�� (H) �Gross carbon dioxide emissions� means the predicted carbon dioxide emissions of the proposed energy facility measured on a new and clean basis.

�� (I) �Net carbon dioxide emissions� means gross carbon dioxide emissions of the proposed energy facility, less carbon dioxide or other greenhouse gas emissions avoided, displaced or sequestered by any combination of cogeneration or offsets.

�� (J) �New and clean basis� means the average carbon dioxide emissions rate per hour and net electric power output of the energy facility, without degradation, as determined by a 100-hour test at full power completed during the first 12 months of commercial operation of the energy facility, with the results adjusted for the average annual site condition for temperature, barometric pressure and relative humidity and use of alternative fuels, and using a rate of 117 pounds of carbon dioxide per million Btu of natural gas fuel and a rate of 161 pounds of carbon dioxide per million Btu of distillate fuel, if such fuel use is proposed by the applicant. The council may by rule adjust the rate of pounds of carbon dioxide per million Btu for natural gas or distillate fuel. The council may by rule set carbon dioxide emissions rates for other fuels.

�� (K) �Nongenerating facility� means those energy facilities that are defined in ORS 469.300 (12)(a)(C) and (E) to (I).

�� (L) �Offset� means an action that will be implemented by the applicant, a third party or through the qualified organization to avoid, sequester or displace emissions.

�� (M) �Offset funds� means the amount of funds determined by the council to satisfy the applicable carbon dioxide emissions standard pursuant to paragraph (d)(C) of this subsection.

�� (N) �Qualified organization� means an entity that:

�� (i) Is exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 1996;

�� (ii) Either is incorporated in the State of Oregon or is a foreign corporation authorized to do business in the State of Oregon;

�� (iii) Has in effect articles of incorporation that require that offset funds received pursuant to this section are used for offsets that require that decisions on the use of the offset funds are made by a decision-making body composed of seven voting members of which three are appointed by the council, three are Oregon residents appointed by the Bullitt Foundation or an alternative environmental nonprofit organization named by the body, and one is appointed by the applicants for site certificates that are subject to paragraph (e) of this subsection and the holders of such site certificates, and that require nonvoting membership on the body for holders of site certificates that have provided funds not yet disbursed under paragraph (e)(A) of this subsection;

�� (iv) Has made available on an annual basis, beginning after the first year of operation, a signed opinion of an independent certified public accountant stating that the qualified organization�s use of funds pursuant to this statute conforms with generally accepted accounting procedures except that the qualified organization shall have one year to conform with generally accepted accounting principles in the event of a nonconforming audit;

�� (v) Has to the extent applicable, except for good cause, entered into contracts obligating at least 60 percent of the offset funds to implement offsets within two years after the commencement of construction of the facility; and

�� (vi) Has to the extent applicable, except for good cause, complied with paragraph (e)(A)(i) of this subsection.

�� (3) Except as provided in ORS 469.504 for land use compliance and except for those statutes and rules for which the decision on compliance has been delegated by the federal government to a state agency other than the council, the facility complies with all other Oregon statutes and administrative rules identified in the project order, as amended, as applicable to the issuance of a site certificate for the proposed facility. If compliance with applicable Oregon statutes and administrative rules, other than those involving federally delegated programs, would result in conflicting conditions in the site certificate, the council may resolve the conflict consistent with the public interest. A resolution may not result in the waiver of any applicable state statute.

�� (4) The facility complies with the statewide planning goals adopted by the Land Conservation and Development Commission. [1993 c.569 �23 (469.501, 469.503, 469.505 and 469.507 enacted in lieu of 469.500 and 469.510); 1995 c.505 �21; 1997 c.428 �4; 1999 c.365 �11; 2001 c.134 �10; 2003 c.186 �78; 2011 c.298 �2; 2013 c.263 �2; 2024 c.25 �3]

�� 469.504 Facility compliance with statewide planning goals; exception; amendment of local plan and land use regulations; conflicts; technical assistance; rules. (1) A proposed facility shall be found in compliance with the statewide planning goals under ORS 469.503 (4) if:

�� (a) The facility has received local land use approval under the acknowledged comprehensive plan and land use regulations of the affected local government; or

�� (b) The Energy Facility Siting Council determines that:

�� (A) The facility complies with applicable substantive criteria from the affected local government�s acknowledged comprehensive plan and land use regulations that are required by the statewide planning goals and in effect on the date the application is submitted, and with any Land Conservation and Development Commission administrative rules and goals and any land use statutes that apply directly to the facility under ORS 197.646;

�� (B) For an energy facility or a related or supporting facility that must be evaluated against the applicable substantive criteria pursuant to subsection (5) of this section, that the proposed facility does not comply with one or more of the applicable substantive criteria but does otherwise comply with the applicable statewide planning goals, or that an exception to any applicable statewide planning goal is justified under subsection (2) of this section; or

�� (C) For a facility that the council elects to evaluate against the statewide planning goals pursuant to subsection (5) of this section, that the proposed facility complies with the applicable statewide planning goals or that an exception to any applicable statewide planning goal is justified under subsection (2) of this section.

�� (2) The council may find goal compliance for a facility that does not otherwise comply with one or more statewide planning goals by taking an exception to the applicable goal. Notwithstanding the requirements of ORS 197.732, the statewide planning goal pertaining to the exception process or any rules of the Land Conservation and Development Commission pertaining to an exception process goal, the council may take an exception to a goal if the council finds:

�� (a) The land subject to the exception is physically developed to the extent that the land is no longer available for uses allowed by the applicable goal;

�� (b) The land subject to the exception is irrevocably committed as described by the rules of the Land Conservation and Development Commission to uses not allowed by the applicable goal because existing adjacent uses and other relevant factors make uses allowed by the applicable goal impracticable; or

�� (c) The following standards are met:

�� (A) Reasons justify why the state policy embodied in the applicable goal should not apply;

�� (B) The significant environmental, economic, social and energy consequences anticipated as a result of the proposed facility have been identified and adverse impacts will be mitigated in accordance with rules of the council applicable to the siting of the proposed facility; and

�� (C) The proposed facility is compatible with other adjacent uses or will be made compatible through measures designed to reduce adverse impacts.

�� (3) If compliance with applicable substantive local criteria and applicable statutes and state administrative rules would result in conflicting conditions in the site certificate or amended site certificate, the council shall resolve the conflict consistent with the public interest. A resolution may not result in a waiver of any applicable state statute.

�� (4) An applicant for a site certificate shall elect whether to demonstrate compliance with the statewide planning goals under subsection (1)(a) or (b) of this section. The applicant shall make the election on or before the date specified by the council by rule.

�� (5) Upon request by the State Department of Energy, the special advisory group established under ORS 469.480 shall recommend to the council, within the time stated in the request, the applicable substantive criteria under subsection (1)(b)(A) of this section. If the special advisory group does not recommend applicable substantive criteria within the time established in the department�s request, the council may either determine and apply the applicable substantive criteria under subsection (1)(b) of this section or determine compliance with the statewide planning goals under subsection (1)(b)(B) or (C) of this section. If the special advisory group recommends applicable substantive criteria for an energy facility described in ORS 469.300 or a related or supporting facility that does not pass through more than one local government jurisdiction or more than three zones in any one jurisdiction, the council shall apply the criteria recommended by the special advisory group. If the special advisory group recommends applicable substantive criteria for an energy facility as defined in ORS 469.300 (12)(a)(C) to (E) or a related or supporting facility that passes through more than one jurisdiction or more than three zones in any one jurisdiction, the council shall review the recommended criteria and determine whether to evaluate the proposed facility against the applicable substantive criteria recommended by the special advisory group, against the statewide planning goals or against a combination of the applicable substantive criteria and statewide planning goals. In making its determination, the council shall consult with the special advisory group and shall consider:

�� (a) The number of jurisdictions and zones in question;

�� (b) The degree to which the applicable substantive criteria reflect local government consideration of energy facilities in the planning process; and

�� (c) The level of consistency of the applicable substantive criteria from the various zones and jurisdictions.

�� (6) The council is not subject to ORS 197.180 and a state agency may not require an applicant for a site certificate to comply with any rules or programs adopted under ORS

ORS 469.633

469.633; and

�� (2) Any bad debts, including casualty losses, attributable to dwelling owner default on a loan for energy conservation measures. [1981 c.778 �8]

�� 469.645 Implementation of program by investor-owned utility. After the Public Utility Commission has approved the residential energy conservation program of an investor-owned utility required by ORS 469.633, the investor-owned utility promptly shall implement that program. [1981 c.778 �9]

(Publicly Owned Utilities)

�� 469.649 Definitions for ORS 469.649 to 469.659. As used in ORS 469.649 to 469.659:

�� (1) �Cash payment� means a payment made by the publicly owned utility to the dwelling owner or to the contractor on behalf of the dwelling owner for energy conservation measures.

�� (3) �Cost-effective� means that an energy conservation measure that provides or saves a specific amount of energy during its life cycle results in the lowest present value of delivered energy costs of any available alternative. However, the present value of the delivered energy costs of an energy conservation measure shall not be treated as greater than that of a nonconservation energy resource or facility unless that cost is greater than 110 percent of the present value of the delivered energy cost of the nonconservation energy resource or facility.

�� (5) �Dwelling owner� means the person:

�� (a) Who has legal title to a dwelling, including the mortgagor under a duly recorded mortgage of real property, the trustor under a duly recorded deed of trust or a purchaser under a duly recorded contract for the purchase of real property; and

�� (b) Whose dwelling receives space heating from the publicly owned utility.

�� (6) �Energy audit� means:

�� (a) The measurement and analysis of the heat loss and energy utilization efficiency of a dwelling;

�� (b) An analysis of the energy savings and dollar savings potential that would result from providing energy conservation measures for the dwelling;

�� (c) An estimate of the cost of the energy conservation measures that includes:

�� (A) Labor for the installation of items designed to improve the space heating and energy utilization efficiency of the dwelling; and

�� (B) The items installed; and

�� (d) A preliminary assessment, including feasibility and a range of costs, of the potential and opportunity for installation of:

�� (A) Passive solar space heating and solar domestic water heating in the dwelling; and

�� (B) Solar swimming pool heating, if applicable.

�� (7) �Energy conservation measures� means measures that include the installation of items and the items installed to improve the space heating and energy utilization efficiency of a dwelling. These items include, but are not limited to, caulking, weatherstripping and other infiltration preventative materials, ceiling and wall insulation, crawl space insulation, vapor barrier materials, timed thermostats, insulation of heating ducts, hot water pipes and water heaters in unheated spaces, storm doors and windows, double glazed windows and dehumidifiers. �Energy conservation measures� does not include the dwelling owner�s own labor.

�� (8) �Publicly owned utility� means a utility that:

�� (a) Is owned or operated in whole or in part, by a municipality, cooperative association or people�s utility district; and

�� (b) Distributes electricity.

�� (9) �Residential customer� means a dwelling owner or tenant who is billed by a publicly owned utility for electric service received at the dwelling.

�� (10) �Space heating� means the heating of living space within a dwelling.

�� (11) �Tenant� means a tenant as defined in ORS 90.100 or any other tenant. [1981 c.778 �10; 1989 c.648 �67; 1995 c.551 �14; 2003 c.186 �42; 2019 c.422 �35]

�� 469.651 Publicly owned utility program. Within 30 days after November 1, 1981, each publicly owned utility shall submit to the Director of the State Department of Energy a residential energy conservation program that:

�� (1) Makes available to all residential customers of the utility information about:

�� (a) Energy conservation measures; and

�� (b) Energy conservation measure financing available to dwelling owners.

�� (2) Provides within 60 days of a request by a residential customer of the publicly owned utility or a dwelling owner, assistance and technical advice concerning various methods of saving energy in that customer�s or dwelling owner�s dwelling including, but not limited to, an energy audit of the customer�s or dwelling owner�s dwelling.

�� (3) Provides financing for cost-effective energy conservation measures at the request of a dwelling owner who occupies the dwelling as a residential customer or rents the dwelling to a tenant who is a residential customer. The financing program shall give the dwelling owner a choice between a cash payment and a loan. The dwelling owner may not receive both a cash payment and a loan. Completion of an energy audit of the dwelling offered under the program required by this section or described in ORS 469.685 shall be a condition of eligibility for either a cash payment or a loan. The financing program shall provide:

�� (a) The following minimum levels of assistance:

�� (A) A loan for a dwelling owner with approved credit upon the following terms:

�� (i) A principal amount of up to $4,000; or

�� (ii) An interest rate that does not exceed six and one-half percent annually; and

�� (iii) A reasonable repayment period that does not exceed 10 years; and

�� (B) A cash payment to a dwelling owner eligible under ORS 469.657 for the lesser of:

�� (i) Twenty-five percent of the cost of the energy conservation measures provided in the dwelling; or

�� (ii) $350;

�� (b) That an otherwise eligible dwelling owner may obtain up to $4,000 in loans or $350 in cash payments for each dwelling;

�� (c) That there may be up to $4,000 in loans or $350 in cash payments for each dwelling;

�� (d) That a change in ownership of a dwelling shall not prevent the new dwelling owner from obtaining a loan or a cash payment for energy conservation measures for the newly acquired dwelling under circumstances including, but not necessarily limited to, when:

�� (A) The new dwelling owner chooses the same financing option chosen by the previous dwelling owner who obtained financing under ORS 469.649 to 469.659; and

�� (B) The amount of the financing is within the limit for that dwelling prescribed in paragraph (c) of this subsection;

�� (e) If the publicly owned utility so determines, that energy conservation measures for any of the following building and improvement activities may not be financed under the financing program:

�� (A) Construction of a new dwelling; or

�� (B) If the construction increases or otherwise changes the living space in the dwelling:

�� (i) An addition or substantial alteration; or

�� (ii) Remodeling; and

�� (f) If the publicly owned utility so determines, that no cash payment shall be allowed or paid for the cost of energy conservation measures provided more than one year before the date of the application for payment.

�� (4) Provides for verification through a reasonable number of inspections that energy conservation measures financed by the publicly owned utility are installed. The verification provisions of the residential energy conservation program shall further provide that:

�� (a) An installation shall be performed in such a workmanlike manner and with such materials as to satisfy prevailing industry standards; and

�� (b) The publicly owned utility shall provide a post-installation inspection upon the dwelling owner�s request.

�� (5) Provides, upon the dwelling owner�s request, information relevant to the specific site of a dwelling with access to:

�� (a) Water resources that have hydroelectric potential;

�� (b) Wind, which means the natural movement of air at an annual average speed of at least eight miles an hour; or

�� (c) A resource area known to have geothermal space-heating potential.

�� (6) Provides that the publicly owned utility will mail to a dwelling owner an offer to provide energy conservation measures in accordance with ORS 469.649 to 469.659 when a tenant who is the residential customer:

�� (a) Requests that the offer be mailed to the dwelling owner; and

�� (b) Furnishes the dwelling owner�s name and address with the request. [1981 c.778 �11]

�� 469.652 Contributions for urban and community forest activities by customers of publicly owned utilities; rules; uses. (1) Publicly owned utilities may establish a system to allow customers of publicly owned utilities to voluntarily contribute an amount that is to be used for urban and community forest activities within the area served by the utility. The amount shall be in addition to the customer�s utility bill.

�� (2) The utility shall pay to the State Forester the amount designated under subsection (1) of this section. The State Forester shall deposit the moneys collected under this section into the Urban and Community Forestry Subaccount established under ORS

ORS 469.637

469.637, 469.639, 469.643 and 469.645 nevertheless shall be applicable.

�� (4) In addition to the residential energy conservation program required in ORS 469.633, an investor-owned utility may offer other energy conservation programs if the commission determines the programs will promote cost-effective energy conservation. [1981 c.778 �7; 1991 c.78 �2]

�� 469.636 Additional financing program by investor-owned utility for rental dwelling. In addition to the residential energy conservation program approved under ORS 469.633, an investor-owned utility may offer an additional financing program for energy conservation measures for a dwelling owner who rents the dwelling to a tenant whose dwelling unit receives energy for space heating from the investor-owned utility. The financing program may consist, at a minimum, of either of the following:

�� (1) Offering low-interest loans to fund the entire cost of installed energy conservation measures up to $5,000 per dwelling unit. In addition to the loan subsidy provided under ORS 469.633 (3), the loan shall be further subsidized by applying the present value to the public utility of the tax credit received under ORS 469B.130 to 469B.169. Any portion of the present value of the tax credit shall accrue to the dwelling owner rather than to the investor-owned utility.

�� (2) Offering cash payments in addition to the cash payments required in ORS 469.633 (3). The additional cash payment shall be equal to the present value of the tax credit received under ORS 469B.130 to 469B.169. [1985 c.745 �11; 1989 c.765 �9]

�� 469.637 Energy conservation part of utility service of investor-owned utility. The provision of energy conservation measures to a dwelling shall be considered part of the utility service rendered by the investor-owned utility. [1981 c.778 �4]

�� 469.639 Billing for energy conservation measures. (1) Except as provided in subsection (2) of this section, the Public Utility Commission may require as part of an investor-owned utility residential energy conservation program that, for dwelling owners with approved credit, the utility add to the periodic utility bill for the owner-occupied dwelling for which energy conservation measures have been provided pursuant to ORS 469.631 to 469.645 an amount agreed to between the dwelling owner and the investor-owned utility.

�� (2) The commission shall allow an investor-owned utility to charge or bill a dwelling owner separately from the periodic utility bill for energy conservation measures provided pursuant to ORS 469.631 to 469.645 if that utility wishes to do so. [1981 c.778 �5]

�� 469.641 Conditions for cash payments to dwelling owner by investor-owned utility. Except as provided in section 31, chapter 778, Oregon Laws 1981, an investor-owned utility shall not make a cash payment to a dwelling owner for energy conservation measures unless:

�� (1) The measures were provided in the dwelling on or after November 1, 1981; and

�� (2) The measures will not be paid for with other investor-owned utility grants or loans. [1981 c.778 �6; 1991 c.877 �39]

�� 469.643 Formula for customer charges; rules. The Public Utility Commission shall adopt by rule a formula under which the investor-owned utility shall charge all customers to recover:

�� (1) The cost to the investor-owned utility of the services required to be provided under ORS

ORS 469.685

469.685 that is conducted by an investor-owned utility or publicly owned utility or through the State Department of Energy, regardless of whether that utility provides the dwelling�s space heating energy.

�� (b) Be subject to an annual rate not to exceed six and one-half percent and have a term not exceeding 10 years.

�� (c) Not finance any materials installed in the construction of a new dwelling, additions to existing structures or remodeling that adds living space.

�� (d) Finance only those energy conservation measures that are recommended as cost-effective in the energy audit, and any loan fee that is included in the body of the loan.

�� (4) The credit allowed under this section may not be allowed to the extent that the loan exceeds $5,000 for a single dwelling unit, or, if the dwelling owner is a corporation described in ORS 307.375, to the extent that the loan exceeds $2,000 for a single dwelling unit.

�� (5) A commercial lending institution may charge, finance and collect a nonrefundable front-end loan fee, and such a fee does not affect the eligibility of the loan for a tax credit under this section. The fee, if any, may not exceed that charged by the lending institution for nonsubsidized loans made under like terms and conditions at the time the loan for energy conservation measures is made.

�� (6) Nothing in this section or in rules adopted under this section shall be construed to cause a loan to violate the usury laws of this state.

�� (7) As used in this section, �annual rate,� �commercial lending institution,� �cost-effective,� �dwelling,� �dwelling owner,� �energy audit,� �energy conservation measures,� �finance charge,� �fuel oil dealer,� �residential fuel oil customer,� �space heating� and �wood heating resident� have the meaning given those terms in ORS 469.710. [1981 c.894 �28; 1987 c.749 �1; 1991 c.718 �1; 1995 c.746 �21; 2001 c.584 �3; 2017 c.727 �14]

�� Note: Section 16, chapter 913, Oregon Laws 2009, provides:

�� Sec. 16. Except as provided in ORS 317.112 (2), a credit may not be claimed under ORS 317.112 for tax years beginning on or after January 1, 2012. [2009 c.913 �16]

�� 317.113 [1987 c.591 �15; 1989 c.381 ��9,12,15; 1991 c.877 ��25,26,27; 1991 c.916 ��21,22,23; 1993 c.18 ��83,84,85; repealed by 1997 c.170 �33]

�� 317.114 [1987 c.682 �6; 1991 c.877 �28; 1991 c.929 �2; repealed by 1993 c.730 �23 (315.208 enacted in lieu of 316.132,

ORS 469.900

469.900.

�� (d) �Electric utility� means a public utility, as defined in ORS 757.005, which produces, transmits, delivers or furnishes electric power and is regulated by the commission under ORS chapter 757.

�� (e) �Energy conservation measure� means a measure primarily designed to improve the efficiency of energy use in a commercial building. �Energy conservation measures� include, but are not limited to, improved operation and maintenance measures, energy use analysis procedures, lighting system improvements, heating, ventilating and air conditioning system modifications, furnace and boiler efficiency improvements, automatic control systems including wide dead band thermostats, heat recovery devices, infiltration controls, envelope weatherization, solar water heaters and water heating heat pumps.

�� (2) As used in ORS 469.865 and 469.900 (2), �gas utility� means a public utility, as defined in ORS 757.005, which delivers or furnishes natural gas to customers for heat, light or power.

�� (3) As used in ORS 469.880 to 469.895 and 469.900 (3):

�� (a) �Commercial building� means a public building as defined in ORS 455.560.

�� (b) �Conservation services� has the meaning given in subsection (1) of this section.

�� (c) �Energy conservation measure� has the meaning given in subsection (1) of this section.

�� (d) �Publicly owned utility� means an electric utility owned or operated, in whole or in part, by a municipality, cooperative association or people�s utility district. [1981 c.708 ��1,7,13]

�� Note: 469.860 (1) and (2) and 469.863 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.863 Gas utility to adopt commercial energy audit program; rules. (1) Within 365 days after November 1, 1981, the Public Utility Commission shall adopt rules governing energy conservation programs provided by gas utilities under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building.

�� (2) Within 180 days after the effective date of the rules adopted by the commission under subsection (1) of this section, each gas utility shall present for the commission�s approval a commercial energy audit program which shall, to the commission�s satisfaction:

�� (a) Make information about energy conservation measures available to any commercial building customer of the gas utility, upon request;

�� (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section;

�� (c) Provide to any commercial building customer of the gas utility, upon request, an on-site energy audit of the customer�s commercial building, including, but not limited to, an estimate of the cost of the recommended energy conservation measure; and

�� (d) Set a reasonable time schedule for effective implementation of the elements set forth in this section. [1981 c.708 �8]

�� Note: See note under 469.860.

�� 469.865 Electric utility to adopt commercial energy conservation services program. (1) Within 180 days after the adoption of the rules by the Public Utility Commission under section 2, chapter 708, Oregon Laws 1981, each electric utility shall present for the commission�s approval a commercial energy conservation services program which shall, to the commission�s satisfaction:

�� (a) Make information about energy conservation available to any commercial building customer of the electric utility, upon request;

�� (b) Regularly notify all customers in commercial buildings of the availability of the services described in this section; and

�� (c) Provide to any commercial building customer of the electric utility, upon request, an on-site energy audit of the customer�s commercial building, including, but not limited to, an estimate of the cost of the energy conservation measures.

�� (2) The programs submitted and approved under this section shall include a reasonable time schedule for effective implementation of the elements set forth in subsection (1) of this section in the service areas of the electric utility. [1981 c.708 �3]

�� 469.870 Application of ORS 469.865, 469.870 and 469.900 (1) to electric utility. ORS 469.865, 469.900 (1) and this section shall not apply to an electric utility if the Public Utility Commission determines that its existing commercial energy conservation services program meets or exceeds the requirements of those sections. [1981 c.708 �4]

�� 469.875 Fee for gas utility audit. The Public Utility Commission shall determine whether the gas utility may charge a reasonable fee to the customer for the energy audit service and, if so, the fee amount. [1981 c.708 �9]

�� 469.878 [1991 c.711 �6; 1993 c.18 �123; 1995 c.746 �18a; 1999 c.623 �8; 1999 c.765 �6; renumbered 469B.171 in 2011]

�� 469.880 Energy audit program; rules. Each publicly owned utility serving Oregon shall, either independently or as part of an association, provide an energy audit program for its commercial customers. The Director of the State Department of Energy shall adopt rules governing the commercial energy audit program established under this section and may provide for coordination among electric utilities and gas utilities that serve the same commercial building. [1981 c.708 �14; 1987 c.158 �100; 2003 c.186 �49]

�� 469.885 Publicly owned utility to adopt commercial energy audit program; fee. (1) Within 180 days after the adoption of rules by the Director of the State Department of Energy under ORS

ORS 469A.400

469A.400:

�� (A) Adapt to impacts from climate change; and

�� (B) Overcome cost burdens and other barriers to using energy in a way that is efficient and in alignment with greenhouse gas emissions reduction goals.

�� (e) Consistent with applicable federal and state laws, consulting with the Oregon Climate Action Commission and the Environmental Justice Council and using, when appropriate, the environmental justice mapping tool developed under ORS 182.555 when considering or evaluating for development or implementation the policies and actions described in this subsection. [2023 c.442 �2]

�� Note: See note under 469.760.

�� 469.766 Biennial report on adoption of heat pump technologies in this state. (1) The State Department of Energy shall submit to the Governor and an interim committee of the Legislative Assembly related to the environment not later than September 15 of each odd-numbered year, beginning in 2025, a report that evaluates the rate of adoption of heat pump technologies among residents of this state and progress the state is making in achieving the state�s greenhouse gas emissions reduction goals. At a minimum, the report must:

�� (a) Review, using existing studies, market reports, polling data and other publicly available information, the nature and state of the market for heat pump technologies, including the size and dollar value of the market and the variety of available technologies, applications and appliances;

�� (b) Identify financial and nonfinancial barriers that prevent adoption of heat pump technologies by residents of this state;

�� (c) Assess the state�s progress in achieving the goals specified in ORS 469.760 (2); and

�� (d) Estimate the date by which the state will achieve the goals specified in ORS 469.760 (2).

�� (2) The department shall collaborate with other state agencies described in ORS 469.763 (1)(a) in preparing the report described in subsection (1) of this section and may:

�� (a) Contract with a private entity to conduct research for, prepare or assist in preparing the report; and

�� (b) Incorporate the findings from this report into the biennial energy report or into other reports to the Legislative Assembly concerning home energy efficiency or heat pump technologies.

�� (3) In assessing the state�s progress toward achieving the goal specified in ORS 469.760 (2)(a), the department shall focus on heat pumps that are commercially available and shall, to the extent possible, use existing studies, data and analysis to evaluate:

�� (a) Whether reductions in greenhouse gas emissions attributable to new heat pumps installed in homes and buildings in this state contribute to the state�s ability to meet greenhouse gas emissions reduction goals; and

�� (b) To the extent possible, whether sales figures, the percentage of newly installed space and water heating systems that are heat pumps and the rate at which residents of this state install new heat pumps indicate that the state will meet the goal specified in ORS 469.760 (2)(a). [2023 c.442 �3]

�� Note: See note under 469.760.

�� 469.769 Program to reduce barriers to home energy efficiency and resilience. (1) The State Department of Energy shall collaborate with other state agencies described in ORS 469.763 (1)(a) to reduce financial and nonfinancial barriers to home energy efficiency and resilience by:

�� (a) Providing initial and continuing technical assistance and training in order to build capacity in developers, builders, community-based organizations, homeowners and tenants to conduct renovations and installations of energy efficient technologies, including heat pumps; and

�� (b) Providing education and training to contractors, subcontractors, technicians, community-based organizations and other installers and other workers in industries related to construction and energy appliance installation concerning:

�� (A) The availability of moneys, programs, rebates and other incentives for acquiring and installing energy efficient appliances for heating and cooling;

�� (B) Methods, techniques, available incentives and funding available for upgrading electrical panels and wiring to accommodate energy efficient appliances for heating and cooling; and

�� (C) Planning for, installing and operating heat pumps.

�� (2) The program described in subsection (1) of this section must:

�� (a) Provide information and assistance that is understandable and usable by developers, builders, community-based organizations and other industry stakeholders with an interest in acquiring, maintaining and using energy efficient technologies for heating and cooling homes and commercial buildings, including heat pump technologies;

�� (b) Include information on delivering, installing and using high efficiency heating and cooling appliances in instances where variation exists in funding options for various minimum efficiency requirements;

�� (c) Work with locally connected and culturally connected organizations to provide the program�s information, technical assistance, training and support; and

�� (d) Allow sufficient flexibility for designated state agencies to contract with private entities to provide needed information, assistance, training and support.

�� (3) The department may incorporate the work described in this section with other programs that serve to educate the public on energy efficiency. [2023 c.442 �4]

�� Note: See note under 469.760.

�� 469.772 Energy Efficient Technologies Information and Training Fund. (1)(a) The Energy Efficient Technologies Information and Training Fund is established in the State Treasury, separate and distinct from the General Fund. Interest that the Energy Efficient Technologies Information and Training Fund earns must be credited to the fund.

�� (b) Moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857.

�� (2) Moneys in the fund consist of:

�� (a) Appropriations to the State Department of Energy for the purposes described in ORS 469.760 to 469.772;

�� (b) Moneys from federal sources and other moneys the department receives for the purposes specified in ORS 469.760 to 469.772;

�� (c) Interest and other earnings on moneys in the fund; and

�� (d) Other amounts the department receives from any source and deposits into the fund.

�� (3) Subject to subsection (4) of this section, moneys in the fund are continuously appropriated to the department for the purpose of funding the purposes described in ORS 469.760 to 469.772.

�� (4)(a) The department may not during any biennium expend more than 10 percent of the average quarterly balance of the fund to pay the cost of administering the fund or the administrative costs of carrying out the purposes described in ORS

ORS 469B.164

469B.164 in 2011]

�� 469.220 [1979 c.512 �9; 2010 c.76 �13; 2011 c.693 �3; renumbered 469B.167 in 2011]

�� 469.225 [1979 c.512 �10; 2003 c.186 �27; 2008 c.29 �5; 2010 c.76 �14; 2011 c.474 �31; renumbered 469B.169 in 2011]

�� 469.228 [1989 c.926 �1; 1991 c.67 �134; 1991 c.641 �5; 1993 c.617 �1; repealed by 1999 c.880 �2]

ENERGY EFFICIENCY STANDARDS

�� 469.229 Definitions for ORS 469.229 to 469.261. As used in ORS 469.229 to 469.261, unless the context clearly requires otherwise:

�� (1) �� la carte charger� means a battery charger that is individually packaged without batteries, including a multiport charger or a charger with multivoltage capability.

�� (2) �Ballast� means a device used with an electric discharge lamp to obtain necessary circuit conditions for starting and operating the lamp.

�� (3) �Battery� or �battery pack� means an assembly of one or more rechargeable cells intended to provide electrical energy to a product, in one of the following forms:

�� (a) A detachable battery that is contained in an enclosure separate from the product and that is intended to be removed or disconnected from the product for charging; or

�� (b) An integral battery that is contained within the product and is not removed from the product for charging.

�� (4) �Battery analyzer� means a device:

�� (a) Used to analyze and report a battery�s performance and overall condition;

�� (b) Capable of being programmed and performing service functions to restore capability in deficient batteries; and

�� (c) Not intended or marketed to be used on a daily basis for the purpose of charging batteries.

�� (5) �Battery backup� or �uninterruptible power supply charger (UPS)� means a small battery charger system that is voltage and frequency dependent (VFD) and designed to provide power to an end-use product in the event of a power outage, including a UPS as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition), where the output of the VFD UPS is dependent on changes in AC input voltage and frequency and is not intended to provide additional corrective functions, such as those relating to the use of tapped transformers.

�� (6)(a) �Battery charger system� means a battery charger coupled with its batteries, including:

�� (A) Electronic devices with a battery that are normally charged from AC line voltage or DC input voltage through an internal or external power supply and a dedicated battery charger;

�� (B) The battery and battery charger components of devices that are designed to run on battery power during part or all of their operations;

�� (C) Dedicated battery systems primarily designed for electrical or emergency backup; and

�� (D) Devices whose primary function is to charge batteries, along with the batteries the devices are designed to charge, including chargers for power tool batteries and chargers for automotive, AA, AAA, C, D, or nine-volt rechargeable batteries and chargers for batteries used in larger industrial motive equipment and � la carte chargers.

�� (b) �Battery charger system� does not mean a battery charger:

�� (A) Used to charge a motor vehicle that is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells or other portable sources of electrical current, including a nonelectrical source of power designed to charge batteries and components thereof, except for battery chargers for forklifts, electric personal assistive mobility devices or low-speed vehicles;

�� (B) That is classified as a Class II or Class III device for human use under the Federal Food, Drug, and Cosmetic Act, as in effect on January 1, 2014, and that requires listing and approval as a medical device;

�� (C) Used to charge a battery or batteries in an illuminated exit sign, including those products that are a combination illuminated exit sign and emergency egress lighting;

�� (D) With input that is three phases of line-to-line 300 volts root mean square or more and is designed for a stationary power application;

�� (E) That is a battery analyzer;

�� (F) That is a voltage independent or voltage and frequency independent uninterruptible power supply as defined in International Electrotechnical Commission (IEC) publication 62040-3 (March 2011 edition); or

�� (G) That is contained completely within a larger product and that provides power for data storage or for continuity within volatile cache or memory systems, that maintains information for system use and that is not capable of powering full operation of the larger product when external AC line voltage is removed.

�� (c) The charging circuitry of battery charger systems may or may not be located within the housing of the end-use device. In many cases, the battery may be charged with a dedicated external charger and power supply combination that is separate from the device that runs on power from the battery.

�� (7) �Battery maintenance mode� means the mode of operation when the battery charger system is connected to the main electricity supply and the battery is fully charged and connected to the charger.

�� (8) �Bottle-type water dispenser� and �water cooler� have the meanings given those terms by the Director of the State Department of Energy by rule.

�� (9) �Charge return factor� means the number of ampere-hours returned to the battery during the charge cycle divided by the number of ampere-hours delivered by the battery during discharge.

�� (10) �Combination television� means a system in which a television or television monitor and an additional device or devices, including a video cassette recorder, are combined into a single unit in which the additional device or devices are included in the television casing.

�� (11) �Commercial dishwasher� has the meaning given that term by the director by rule.

�� (12) �Commercial fryer� has the meaning given that term by the director by rule.

�� (13)(a) �Commercial hot food holding cabinet� means an appliance that is a heated, fully-enclosed compartment with one or more solid doors and is designed to maintain the temperature of hot food that has been cooked in a separate appliance.

�� (b) �Commercial hot food holding cabinet� does not include heated glass merchandising cabinets, drawer warmers or cook-and-hold appliances.

�� (14) �Commercial steam cooker� has the meaning given that term by the director by rule.

�� (15)(a) �Compact audio product,� also known as a mini, mid, micro or shelf audio system, means an integrated audio system encased in a single housing that includes an amplifier and radio tuner and attached or separable speakers that can reproduce audio from one or more of the following media:

�� (A) Magnetic tape;

�� (B) Compact disc;

�� (C) DVD; or

�� (D) Flash memory.

�� (b) �Compact audio product� does not include products that can be independently powered by internal batteries, have a powered external satellite antenna or can provide a video output signal.

�� (16) �Compensation� means money or any other valuable thing, regardless of form, received or to be received by a person for services rendered.

�� (17) �Component television� means a television composed of two or more separate components, including separate display device and tuner, marketed as a television under one model or system designation and having one or more power cords.

�� (18) �Computer� has the meaning given that term by the director by rule.

�� (19) �Computer monitor� has the meaning given that term by the director by rule.

�� (20) �Digital versatile disc� or �DVD� means a laser-encoded plastic medium capable of storing a large amount of digital audio, video and computer data.

�� (21)(a) �Digital versatile disc player� or �digital versatile disc recorder� means a commercially available electronic product encased in a single housing that includes an integral power supply and for which the sole purpose is, respectively, the decoding and the production or recording of digitized video signal on a DVD.

�� (b) �Digital versatile disc recorder� does not include models that have an electronic programming guide function that provides an interactive, on-screen menu of television listings and downloads program information from the vertical blanking interval of a regular television signal.

�� (22) �Electric storage water heater� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (23) �Electronic programming guide� means an application that provides an interactive, on-screen menu of television listings that downloads program information from the vertical blanking interval of a regular television signal.

�� (24) �Faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (25) �High color-rendering index fluorescent lamp� and �high CRI fluorescent lamp� have the meanings given those terms by the director by rule.

�� (26) �High-intensity discharge lamp� means a lamp in which light is produced by the passage of an electric current through a vapor or gas, and in which the light-producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts per square centimeter.

�� (27)(a) �High light output double-ended quartz halogen lamp� means a lamp that:

�� (A) Is designed for general outdoor lighting purposes;

�� (B) Contains a tungsten filament;

�� (C) Has a rated initial lumen value of greater than 6,000 and less than 40,000 lumens;

�� (D) Has at each end a recessed single contact, R7s base;

�� (E) Has a maximum overall length between four and 11 inches;

�� (F) Has a nominal diameter less than three-fourths inch (T6); and

�� (G) Is designed to be operated at a voltage between 110 volts and 200 volts or is designed to be operated at a voltage between 235 volts and 300 volts.

�� (b) �High light output double-ended quartz halogen lamp� does not mean a lamp that is:

�� (A) A tubular quartz infrared heat lamp; or

�� (B) Marked and marketed as a stage and studio lamp with a rated life of 500 hours or less.

�� (28) �Inductive charger system� means a small battery charger system that transfers power to the charger through magnetic or electric induction.

�� (29) �Kitchen faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (30) �Kitchen replacement aerator� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (31)(a) �Large battery charger system� means a battery charger system with a rated input power of more than two kilowatts.

�� (b) �Large battery charger system� does not mean a battery charger system for golf carts.

�� (32) �Lavatory faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (33) �Lavatory replacement aerator� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (34) �Multiport charger� means a battery charger that is capable of simultaneously charging two or more batteries and that may have multivoltage capability, allowing two or more batteries of different voltages to charge simultaneously.

�� (35) �No battery mode� means the mode of operation in which a battery charger is connected to the main electricity supply and the battery is not connected to the charger.

�� (36) �Plumbing fitting� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (37) �Portable electric spa� has the meaning given that term by the director by rule.

�� (38) �Public lavatory faucet� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (39) �Power conversion efficiency� means the instantaneous DC output power of the battery charger system divided by the simultaneous utility AC input power.

�� (40) �Pressure regulator� means a device that maintains constant operating pressure immediately downstream from the device, given higher pressure upstream.

�� (41) �Residential ventilating fan� has the meaning given that term by the director by rule.

�� (42) �Selected input mode� means the input port selected that the television uses as a source to produce a visible or audible output and that is required for televisions with multiple possible inputs, including coaxial, composite, S-Video, HDMI and component connectors.

�� (43) �Showerhead� has the meaning given that term by the director by rule, after consultation with the State Plumbing Board.

�� (44) �Small battery charger system� means:

�� (a) A battery charger system with a rated input power of two kilowatts or less.

�� (b) A golf cart battery charger system, regardless of input power or battery capacity.

�� (45) �Spray sprinkler body� means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice.

�� (46)(a) �Television� means an analog or digital device, including a combination television, a television monitor, a component television and any unit marketed as a television, designed for the display and reception of a terrestrial, satellite, cable or Internet protocol or other broadcast or recorded transmission of analog or digital video or audio signals.

�� (b) �Television� does not mean a computer monitor.

�� (47) �Television monitor� means a television that does not have an internal tuner, receiver or playback device.

�� (48) �Television standby-passive mode� means the mode of operation in which the television is connected to a power source, produces neither sound nor picture but can be switched into another mode with the remote control unit or via an internal signal.

�� (49) �USB charger system� means a small battery charger system that uses a universal serial bus (USB) connector as the only power source to charge the battery, and is packaged with an external power supply rated with a voltage output of five volts and a power output of 15 watts or less. [2005 c.437 �1; 2007 c.375 �1; 2007 c.649 �1; 2013 c.418 ��1,2; 2017 c.295 �1; 2021 c.108 �1; 2022 c.4 �1]

�� Note: 469.229 to 469.261 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 469 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 469.230 [1989 c.926 �3; repealed by 1999 c.880 �2]

�� 469.232 [1989 c.926 ��4,10; 1993 c.617 �2; 1997 c.249 �165; 1997 c.632 �9; repealed by 1999 c.880 �2]

�� 469.233 Energy efficiency standards. The following minimum energy efficiency standards for new products are established:

�� (1) Bottle-type water dispensers or water coolers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Water Coolers, Version 2.0,� must have an �on mode with no water draw� energy consumption less than or equal to the following values as measured in accordance with the test requirements of that specification:

�� (a) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;

�� (b) 0.87 kilowatt-hours per day for storage type hot and cold units; and

�� (c) 0.18 kilowatt-hours per day for on demand hot and cold units.

�� (2) Commercial hot food holding cabinets shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume, as determined by the �Idle Energy Rate-dry Test� in ASTM F2140-01, �Standard Test Method for Performance of Hot Food Holding Cabinets� published by ASTM International. Interior volume shall be measured in accordance with the method shown in the United States Environmental Protection Agency�s �Energy Star Program Requirements for Commercial Hot Food Holding Cabinets,� as in effect on August 15, 2003.

�� (3) Compact audio products may not use more than two watts in standby passive mode for those without a permanently illuminated clock display and four watts in standby passive mode for those with a permanently illuminated clock display, as measured in accordance with International Electrotechnical Commission (IEC) test method 62087:2002(E), �Methods of Measurement for the Power Consumption of Audio, Video, and Related Equipment.�

�� (4) Digital versatile disc players and digital versatile disc recorders may not use more than three watts in standby passive mode, as measured in accordance with International Electrotechnical Commission (IEC) test method 62087:2002(E), �Methods of Measurement for the Power Consumption of Audio, Video, and Related Equipment.�

�� (5) Portable electric spas manufactured on or after January 1, 2022, must meet the requirements of the American National Standards Institute�s �American National Standard for Portable Electric Spa Energy Efficiency (ANSI/APSP/ICC-14 2019).�

�� (6) A television manufactured on or after January 1, 2014, must automatically enter television standby-passive mode after a maximum of 15 minutes without video or audio input on the selected input mode. A television must enter television standby-passive mode when turned off with the remote control unit or via an internal signal. The peak luminance of a television in home mode, or in the default mode as shipped, may not be less than 65 percent of the peak luminance of the retail mode or the brightest selectable preset mode of the television. A television must meet the standards in the following table:

�� Television Standby-�� Maximum On Mode�� Minimum

�� Viewable�� passive Mode�� Power Usage (P in�� Power

�� Screen�� Power Usage�� Watts, A is Viewable�� Factor for

�� Area�� (Watts)�� Screen area)�� (P ≥ 100W)

�� < 1400 sq. in�� 1 W�� P ≤ 0.12 x A + 25�� 0.9

�� ≥ 1400 sq. in�� 3 W�� NA�� NA

�� (7)(a) Large battery charger systems manufactured on or after January 1, 2014, must meet the minimum efficiencies in the following table:

Standards for Large Battery Charger Systems

Performance�� Standard

Parameter

Charge Return

Factor�� 100 percent�� Crf ≤ 1.10

�� Depth of Discharge

�� 80 percent�� Crf ≤ 1.10

�� Depth of Discharge

�� 40 percent�� Crf ≤ 1.15

�� Depth of Discharge

Power Conversion

Efficiency�� ≥ 89 percent

Power Factor�� ≥ 0.90

Battery Maintenance

Mode Power�� ≤ 10

+0.0012Eb W

(Eb = battery

capacity of

tested battery)

No Battery

Mode Power�� ≤ 10 W

�� (b)(A) As described in subparagraph (B) of this paragraph, inductive charger systems and small battery charger systems must meet the minimum energy efficiency standards in the following table:

Standards for Inductive and Small Battery Charger Systems

Performance�� Standard

Parameter

Maximum 24-hour�� For Eb of 2.5 Wh or less: 16 x N

charge and

maintenance�� For Eb > 2.5 Wh and

energy (Wh)�� ≤ 100 Wh: 12 x N+1.6Eb

(Eb = capacity

of all batteries in�� For Eb :GREATNB. 100 Wh and

ports and N =�� ≤ 1000 Wh: 22 x N+1.5Eb

number of charger

ports)� �� For Eb > 1000 Wh:

�� 36.4 x N + 1.486Eb

Battery Maintenance�� The sum of battery maintenance mode power and no

Mode Power and No�� battery mode power must be less than or equal to:

Battery Mode Power (W)�� 1 x N+0.0021xEb

Power Factor (Eb = capacity

of all batteries in ports and

N = number of charger ports)

�� (B) The requirements in subparagraph (A) of this paragraph must be met by:

�� (i) Small battery charger systems for sale at retail that are not USB charger systems with a battery capacity of 20 watt-hours or more and that are manufactured on or after January 1, 2014.

�� (ii) Small battery charger systems for sale at retail that are USB charger systems with a battery capacity of 20 watt-hours or more and that are manufactured on or after January 1, 2014.

�� (iii) Small battery charger systems that are not sold at retail that are manufactured on or after January 1, 2017.

�� (iv) Inductive charger systems manufactured on or after January 1, 2014, unless the inductive charger system uses less than one watt in battery maintenance mode, less than one watt in no battery mode and an average of one watt or less over the duration of the charge and battery maintenance mode test.

�� (v) Battery backups and uninterruptible power supplies, manufactured on or after January 1, 2014, for small battery charger systems for sale at retail, which may not consume more than 0.8+ (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours.

�� (vi) Battery backups and uninterruptible power supplies, manufactured on or after January 1, 2017, for small battery charger systems not sold at retail, which may not consume more than 0.8+ (0.0021xEb) watts in battery maintenance mode, where (Eb) is the battery capacity in watt-hours.

�� (C) The requirements in subparagraph (A) of this paragraph do not need to be met by an � la carte charger that is:

�� (i) Provided separately from and subsequent to the sale of a small battery charger system described in this paragraph;

�� (ii) Necessary as a replacement for, or as a replacement component of, a small battery charger system; and

�� (iii) Provided by a manufacturer directly to a consumer or to a service or repair facility.

�� (8) A high light output double-ended quartz halogen lamp manufactured on or after January 1, 2016, must have a minimum efficiency of:

�� (a) 27 lumens per watt for lamps with a minimum rated initial lumen value of greater than 6,000 lumens and a maximum initial lumen value of 15,000 lumens; or

�� (b) 34 lumens per watt for lamps with a rated initial lumen value of greater than 15,000 and less than 40,000 lumens.

�� (9) High CRI fluorescent lamps manufactured on or after January 1, 2023, must meet or exceed the lamp efficacy standards contained in 10 C.F.R. 430.32(n)(4), as in effect on January 1, 2020.

�� (10) Computers and computer monitors manufactured on or after January 1, 2022, must meet the requirements contained in the California Code of Regulations, Title 20, section 1605.3(v), as adopted on May 10, 2017, and amended on November 8, 2017.

�� (11) The following plumbing fittings manufactured on or after January 1, 2022, must meet the requirements in the California Code of Regulations, Title 20, section 1605.3(h), as in effect on January 1, 2020:

�� (a) Lavatory faucets and lavatory replacement aerators;

�� (b) Kitchen faucets and kitchen replacement aerators;

�� (c) Public lavatory faucets; and

�� (d) Showerheads.

�� (12) Commercial fryers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Commercial Fryers, Version 2.0,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (13) Commercial dishwashers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Commercial Dishwashers, Version 2.0,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (14) Commercial steam cookers manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (15) Residential ventilating fans manufactured on or after January 1, 2022, and included in the scope of the United States Environmental Protection Agency�s �Energy Star Program Requirements Product Specification for Residential Ventilating Fans, Version 3.2,� must meet the qualification criteria, testing requirements and other requirements of that specification.

�� (16)(a) Electric storage water heaters manufactured on or after January 1, 2022, must have a modular demand response communications port compliant with:

�� (A) The March 2018 version of the ANSI/CTA-2045-A communication interface standard or a standard determined by the Director of the State Department of Energy to be equivalent; and

�� (B) The March 2018 version of the ANSI/CTA-2045-A application layer requirements.

�� (b) A request that the director determine that a communication interface standard is equivalent to the March 2018 version of the ANSI/CTA-2045-A communication interface standard under paragraph (a)(A) of this subsection must be made in the manner prescribed by the director by rule.

�� (17) Spray sprinkler bodies manufactured on or after January 1, 2023, and included in the scope of the United States Environmental Protection Agency�s �WaterSense Specification for Spray Sprinkler Bodies, Version 1.0,� must include an integral pressure regulator and meet the water efficiency and performance criteria and other requirements of that specification. [2005 c.437 �5; 2007 c.375 ��2,3; 2007 c.649 �2; 2013 c.418 ��3,4; 2015 c.276 ��1,2; 2021 c.108 �2; 2022 c.4 �2]

�� Note: See note under 469.229.

�� 469.234 [1989 c.926 ��5,9; 1993 c.617 �4; repealed by 1999 c.880 �2]

�� 469.235 [2007 c.375 �4; repealed by 2021 c.108 �7]

�� 469.236 [1989 c.926 �6; repealed by 1999 c.880 �2]

�� 469.238 Sale of products not meeting standards prohibited; exemptions. (1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, television, inductive charger system, large battery charger system, small battery charger system, high light output double-ended quartz halogen lamp, high color-rendering index fluorescent lamp, computer, computer monitor, lavatory faucet, kitchen faucet, public lavatory faucet, lavatory replacement aerator, kitchen replacement aerator, showerhead, commercial fryer, commercial steam cooker, commercial dishwasher, residential ventilation fan, electric storage water heater or spray sprinkler body unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

�� (2) A person may sell or offer for sale a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

�� (a) Manufactured in this state and sold outside this state;

�� (b) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state;

�� (c) Installed in a mobile or manufactured home at the time of construction; or

�� (d) Designed expressly for installation and use in recreational vehicles. [2005 c.437 ��2,3,4; 2007 c.649 �3; 2013 c.418 ��5,6; 2021 c.108 �3; 2022 c.4 �3]

�� Note: See note under 469.229.

�� 469.239 Installation of products not meeting standards prohibited; exemptions. (1) Except as provided in subsection (2) of this section, a person may not install a new bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, television, inductive charger system, large battery charger system, small battery charger system, high light output double-ended quartz halogen lamp, high color-rendering index fluorescent lamp, computer, computer monitor, commercial fryer, commercial steam cooker, commercial dishwasher, residential ventilation fan or spray sprinkler body for compensation unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

�� (2) A person may install a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

�� (a) Installed in a mobile or manufactured home at the time of construction; or

�� (b) Designed expressly for installation and use in recreational vehicles. [2005 c.437 �6; 2005 c.437 �7; 2007 c.649 �4; 2013 c.418 ��7,8; 2021 c.108 �4; 2022 c.4 �4]

�� Note: See note under 469.229.

�� 469.240 [1989 c.926 ��11,12; repealed by 1999 c.880 �2]

�� 469.241 [1993 c.617 �22; repealed by 1999 c.880 �2]

�� 469.242 [1993 c.617 �20; repealed by 1999 c.880 �2]

�� 469.243 [1993 c.617 �21; repealed by 1999 c.880 �2]

�� 469.244 [1989 c.926 ��16,25; repealed by 1993 c.617 �28]

�� 469.245 [1993 c.617 �19; repealed by 1999 c.880 �2]

�� 469.246 [1989 c.926 ��13,18; 1991 c.67 �135; 1993 c.617 �5; repealed by 1999 c.880 �2]

�� 469.247 [1993 c.617 �16; repealed by 1999 c.880 �2]

�� 469.248 [1989 c.926 �39; 1991 c.67 �136; 1993 c.617 �6; repealed by 1999 c.880 �2]

�� 469.249 [1993 c.617 �18; repealed by 1999 c.880 �2]

�� 469.250 [1989 c.926 ��7,8; 1991 c.67 �137; repealed by 1999 c.880 �2]

�� 469.252 [1989 c.926 ��14,15; repealed by 1993 c.617 �28]

�� 469.253 [1993 c.617 �17; repealed by 1999 c.880 �2]

�� 469.254 [1989 c.926 �19; 1993 c.617 �7; 1997 c.838 �6; repealed by 1999 c.880 �2]

�� 469.255 Manufacturers to test products; test methods; certification of products; rules. (1) A manufacturer of a product specified in ORS 469.238 that is sold or offered for sale, or installed or offered for installation, in this state shall test samples of the manufacturer�s products in accordance with the test methods specified in ORS 469.233 or, if more stringent, those specified in the state building code.

�� (2) If the test methods for products required to be tested under this section are not provided for in ORS 469.233 or in the state building code, the State Department of Energy shall adopt test methods for these products. The department shall use test methods approved by the United States Department of Energy or, in the absence of federal test methods, other appropriate nationally recognized test methods for guidance in adopting test methods. The State Department of Energy may periodically review and revise its test methods.

�� (3) A manufacturer of a product regulated pursuant to ORS 469.229 to 469.261 shall certify to the State Department of Energy that the products are in compliance with the minimum energy efficiency standards specified in ORS 469.233. The department shall establish rules governing the certification of these products and may coordinate with the certification and testing programs of other states and federal agencies with similar standards.

�� (4)(a) The department shall establish rules governing the identification of the products that comply with the minimum energy efficiency standards specified in ORS

ORS 470.535

470.535 and 470.540.

�� (6) Subject to approval by the director, a sustainable energy project manager may contract with a qualified third party to assist the sustainable energy project manager in serving a utility service territory. If a utility service territory is served by a sustainable energy project manager, the appointment of additional sustainable energy project managers may be made only by entering into a subcontract approved by the existing sustainable energy project manager. If the third party is acting as a financier, the third party is not required to comply with laws regulating utilities based on the actions of the third party as a financier. The sustainable energy project manager may enter into agreements with trade associations and other public and private entities for the promotion or marketing of the energy efficiency and sustainable technology loan program.

�� (7) The Public Purpose Fund Administrator and sustainable energy project managers shall cooperate with, and coordinate their outreach and promotional efforts with, local utilities and other stakeholders to promote energy efficiency and renewable energy and to use the customer contacts, resources and capacity of the utilities to engage and inform utility customers about the energy efficiency and sustainable technology loan program. The Public Purpose Fund Administrator and sustainable energy project managers shall coordinate with gas utilities regarding any changes to a gas pipeline and with electric utilities regarding electric charging or any changes to electrical connections that are external to a structure. The Public Purpose Fund Administrator and sustainable energy project managers shall coordinate with a gas utility regarding the installation of appliances used for space heating, water heating and compressed natural gas refueling. [2009 c.753 �12; 2013 c.8 �7]

(Primary Contractors)

�� 470.560 Rules; certification standards; provision for preferred service providers. (1) The State Department of Energy shall adopt rules establishing certification standards for primary contractors participating in the construction of small scale local energy projects financed through the energy efficiency and sustainable technology loan program. The department shall design the standards to ensure that the project work performed by a primary contractor holding the certification and all the primary contractor�s subcontractors is of high quality and will result in a high degree of customer satisfaction.

�� (2) The certification standards established by the department must, at a minimum, require that the primary contractor:

�� (a) Prove that the primary contractor and the primary contractor�s subcontractors have sufficient skill to successfully install energy efficiency, renewable energy or weatherization projects.

�� (b) Not be a contractor listed by the Commissioner of the Bureau of Labor and Industries under ORS 279C.860 as ineligible to receive a contract or subcontract for public works.

�� (c) Be an equal opportunity employer or small business or be a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a veteran-owned business or an emerging small business, as those terms are defined in ORS

ORS 471.175

471.175;

�� (e) Prohibits persons under 21 years of age from entering the premises and posts notice of the prohibition;

�� (f) Does not offer video lottery games as authorized under ORS 461.217;

�� (g) Has a maximum seating capacity of 40 persons;

�� (h) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and

�� (i) Requires all employees to read and sign a document that explains the dangers of exposure to secondhand smoke.

�� (2) �Enclosed area� means the entirety of the space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling.

�� (3) �Inhalant� means nicotine, a cannabinoid or any other substance that:

�� (a) Is in a form that allows the nicotine, cannabinoid or substance to be delivered into a person�s respiratory system;

�� (b) Is inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a person�s respiratory system; and

�� (c)(A) Is not approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose; or

�� (B) If approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose, is not marketed and sold solely for that purpose.

�� (4)(a) �Place of employment� means an enclosed area under the control of a public or private employer, including work areas, employee lounges, vehicles that are operated in the course of an employer�s business and that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators and stairways.

�� (b) �Place of employment� does not include a private residence unless it is used as a child care facility as defined in ORS 329A.250 or a facility providing adult day care as defined in ORS 410.490.

�� (5) �Public place� means an enclosed area open to the public.

�� (6) �Smoke shop� means a business that is certified with the Oregon Health Authority as a smoke shop pursuant to the rules adopted under ORS 433.847.

�� (7) �Smoking instrument� means any cigar, cigarette, pipe or other instrument used to smoke tobacco, cannabis or any other inhalant. [1981 c.384 �2; 2001 c.990 �1; 2007 c.602 �1; 2009 c.595 �684; 2011 c.601 �1; 2015 c.158 �14; 2017 c.21 �108; 2017 c.732 �1]

�� 433.840 Policy. The people of Oregon find that because exposure to secondhand smoke, certain exhaled small particulate matter or other exhaled toxins is known to cause cancer and other chronic diseases such as heart disease, asthma and bronchitis, it is necessary to reduce exposure to such smoke, matter or toxins by prohibiting the smoking, aerosolizing or vaporizing of inhalants in all public places and places of employment. [1981 c.384 �1; 2007 c.602 �2; 2015 c.158 �15]

�� 433.845 Prohibition on aerosolizing, smoking or vaporizing in public place or place of employment. (1) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a public place or place of employment except as provided in ORS 433.850.

�� (2) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following parts of public places or places of employment:

�� (a) Entrances;

�� (b) Exits;

�� (c) Windows that open; and

�� (d) Ventilation intakes that serve an enclosed area.

�� (3) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a room during the time that jurors are required to use the room. [1981 c.384 �3; 1985 c.752 �1; 2007 c.602 �3; 2015 c.158 �16]

�� 433.847 Smoke shop certification; rules. (1) The Oregon Health Authority shall adopt rules establishing a certification system for smoke shops and any rules necessary for the implementation, administration and enforcement of ORS 433.835 to 433.875. In adopting rules under this section, the authority shall prohibit the smoking, aerosolizing or vaporizing of inhalants that are not tobacco products in smoke shops.

�� (2) The authority shall issue a smoke shop certification to a business that:

�� (a)(A) Is primarily engaged in the sale, for off-premises consumption or use, of tobacco products and smoking instruments used to smoke tobacco products, with at least 75 percent of the gross revenues of the business resulting from such sales;

�� (B) Prohibits persons under 21 years of age from entering the premises;

�� (C) Does not offer video lottery games as authorized under ORS 461.217, social gaming or betting on the premises;

�� (D) Does not:

�� (i) Sell or offer food or beverages, including alcoholic beverages, for on-premises consumption; or

�� (ii) Allow on-premises consumption of alcoholic beverages;

�� (E) Is a stand-alone business with no other businesses or residential property attached to the premises;

�� (F) Has a maximum seating capacity of four persons; and

�� (G) Allows the smoking of tobacco product samples only for the purpose of making retail purchase decisions;

�� (b) On December 31, 2008:

�� (A) Met the requirements of paragraph (a)(A) to (D) of this subsection; and

�� (B)(i) Was a stand-alone business with no other businesses or residential property attached; or

�� (ii) Had a ventilation system that exhausted smoke from the business and was designed and terminated in accordance with the state building code standards for the occupancy classification in use; or

�� (c)(A) Was certified as a smoke shop under ORS 433.835, as in effect immediately before June 30, 2011, by the authority on or before December 31, 2012;

�� (B) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;

�� (C) Does not:

�� (i) Sell or offer alcoholic beverages for on-premises consumption; or

�� (ii) Allow on-premises consumption of alcoholic beverages; and

�� (D) Prohibits persons under 21 years of age from entering the premises.

�� (3) A smoke shop certified under subsection (2)(b) of this section must renew the smoke shop certification every five years by demonstrating to the satisfaction of the authority that the smoke shop:

�� (a)(A) Meets the requirements of subsection (2)(a)(A) to (D) of this section; and

�� (B)(i) Is a stand-alone business with no other businesses or residential property attached; or

�� (ii) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and

�� (b) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes.

�� (4) A smoke shop certified under subsection (2)(c) of this section must renew the smoke shop certification every five years by demonstrating to the satisfaction of the authority that the smoke shop:

�� (a) Meets the requirements of ORS 433.835, as in effect immediately before June 30, 2011;

�� (b) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;

�� (c) Does not:

�� (A) Sell or offer alcoholic beverages for on-premises consumption; or

�� (B) Allow on-premises consumption of alcoholic beverages; and

�� (d) Prohibits persons under 21 years of age from entering the premises.

�� (5) The owner of a smoke shop certified under subsection (2)(b) or (c) of this section may transfer the certification with ownership of the smoke shop if the transfer is made in accordance with rules adopted by the authority.

�� (6) A smoke shop certified under subsection (2)(b) of this section may continue to be certified in a new location under subsection (2)(b) of this section if:

�� (a)(A) The new location occupies no more than 3,500 square feet; or

�� (B) If the old location occupied more than 3,500 square feet, the new location occupies no more than 110 percent of the space occupied by the old location; and

�� (b) The smoke shop as operated in the new location:

�� (A) Meets the requirements of subsection (2)(a)(A) to (D) of this section;

�� (B)(i) Is a stand-alone business with no other businesses or residential property attached; or

�� (C) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes.

�� (7) A smoke shop certified under subsection (2)(c) of this section may continue to be certified in a new location under subsection (2)(c) of this section if:

�� (a)(A) The new location occupies no more than 3,500 square feet; or

�� (B) If the old location occupied more than 3,500 square feet, the new location occupies no more than 110 percent of the space occupied by the old location; and

�� (b) The smoke shop as operated in the new location:

�� (A) Meets the requirements of ORS 433.835, as in effect immediately before June 30, 2011;

�� (B) Allows the smoking of cigarettes only if at least 75 percent of the gross revenues of the business results from the sale of cigarettes;

�� (C) Does not:

�� (i) Sell or offer alcoholic beverages for on-premises consumption; or

�� (ii) Allow on-premises consumption of alcoholic beverages; and

�� (D) Prohibits persons under 21 years of age from entering the premises.

�� (8) Rules adopted under this section must provide that, in order to obtain a smoke shop certification, a business must agree to allow the authority to make unannounced inspections of the business to determine compliance with ORS 433.835 to

ORS 471.360

471.360 (3). [1979 c.788 �3; 2024 c.40 �11]

�� 471.370 Expiration. Unless sooner suspended or revoked, a service permit expires five years after the date the Oregon Liquor and Cannabis Commission issues the permit. [1979 c.788 �3a; 1981 c.599 �3; 2009 c.350 �3; 2017 c.533 �13; 2021 c.351 �91]

�� 471.375 Service permit issuance and renewal; temporary service permit issuance; rules. The Oregon Liquor and Cannabis Commission shall establish by rule a process for the issuance and renewal of a service permit and the issuance of a temporary service permit. The rules adopted under this section must include:

�� (1) Eligibility criteria for the issuance and renewal of a service permit and the issuance of a temporary service permit;

�� (2) Fees; and

�� (3) Requirements that an applicant for a service permit or temporary service permit be at least 18 years of age and submit to the commission an application in a form and manner acceptable to the commission. [1979 c.788 �4; 1981 c.610 �5; 1987 c.511 �6; 1989 c.271 �2; 2001 c.785 �7; 2009 c.39 �1; 2012 c.54 �3; 2013 c.537 �7; 2015 c.614 �162; 2017 c.533 �14; 2019 c.676 �1; 2021 c.351 �92; 2024 c.40 �12]

�� 471.380 Grounds for refusing to issue permit; request for hearing. (1) The Oregon Liquor and Cannabis Commission may refuse to issue a service permit or temporary service permit, or may issue a restricted service permit, if the commission has reasonable grounds to believe any of the following to be true:

�� (a) That the applicant is in the habit of using alcoholic beverages or controlled substances to excess.

�� (b) That the applicant has made false statements to the commission.

�� (c) That the applicant is incompetent or physically incapable of performing the duties of a permittee.

�� (d) That the applicant has been convicted of violating any of the alcoholic liquor laws of this state, general or local, or has been convicted at any time of a felony.

�� (e) That the applicant has not completed the alcohol server education course and examination required by ORS 471.542.

�� (2) Notwithstanding ORS 183.435, an applicant who seeks review of the refusal of a service permit or temporary service permit must request a hearing:

�� (a) Within 15 days after notification of the refusal, if the refusal is based on failure to complete the alcohol server education course and examination; or

�� (b) Within 30 days after notification of the refusal, if the refusal is based on any grounds other than failure to complete the alcohol server education course and examination.

�� (3) The refusal to issue a temporary service permit is not a contested case under ORS chapter 183. [1979 c.788 �5; 1997 c.79 �3; 2001 c.785 �8; 2005 c.12 �1; 2009 c.350 �1; 2017 c.533 �15; 2021 c.351 �93; 2024 c.40 �13]

�� 471.385 Grounds for revoking, restricting or suspending permit or imposing civil penalty; responsibility of licensee. (1) The Oregon Liquor and Cannabis Commission may revoke, restrict or suspend a service permit or a temporary service permit, or impose a civil penalty in lieu of or in addition to suspension as provided by ORS 471.322, if the commission finds or has reasonable grounds to believe any of the following to be true:

�� (a) That the permittee has made false statements to the commission.

�� (b) That the permittee has been convicted of a felony, of violating any of the liquor laws of the state, general or local, or any misdemeanor or violation of any municipal ordinance committed on the licensed premises.

�� (c) That the permittee has performed or permitted any act which would constitute a violation of any provision of this chapter or any rule of the commission, if the act were performed or permitted by any licensee of the commission.

�� (d) That the permittee was aware of activities that the permittee had a duty to report under ORS 471.271 and the permittee did not report.

�� (2) The issuance, restriction, suspension or revocation of a service permit or temporary service permit under ORS 471.360 to 471.385 does not relieve a licensee from responsibility for any act of an employee on the licensee�s premises.

�� (3) If a violation of this chapter or any rule adopted under this chapter occurs upon any premises licensed by the commission, the commission may revoke, restrict or suspend the service permit or temporary service permit of the employee who violated the law or rule, the license of the licensee upon whose premises the violation occurred or both the service permit or temporary service permit and the license.

�� (4) The commission may revoke, restrict or suspend a permittee�s service permit and may impose a civil penalty for an act or omission of the permittee that constitutes a reason described in subsection (1) of this section and that occurred during the time the permittee held a temporary service permit.

�� (5) Civil penalties under this section shall be imposed as provided in ORS 183.745. [1979 c.788 ��6,8; 1981 c.599 �5; 1991 c.734 �43; 1995 c.301 �39; 1999 c.351 �55; 2009 c.350 �2; 2017 c.533 �16; 2021 c.44 �3; 2021 c.351 �94; 2024 c.40 �14]

�� 471.390 [1979 c.788 �7; repealed by 2017 c.533 �18]

:BF10.�TIED HOUSE� PROHIBITIONS

�� 471.392 Definitions for ORS 471.392 to 471.400. For the purposes of ORS 471.392 to 471.400:

�� (1) �Manufacturer or wholesaler� means:

�� (a) A person holding a brewery license issued under ORS 471.221, a winery license issued under ORS 471.223, a grower sales privilege license issued under ORS 471.227, a distillery license issued under ORS 471.230, a wholesale malt beverage and wine license issued under ORS 471.235, a warehouse license issued under ORS 471.242, a direct to retailer permit issued under ORS 471.274 or a direct shipper permit issued under ORS 471.282.

�� (b) Any manufacturer of alcoholic liquors whose products are sold in the State of Oregon.

�� (2) �Retail licensee� means the holder of a full or limited on-premises sales license, an off-premises sales license or a temporary sales license. �Retail licensee� does not include a bona fide trade association that represents retail licensees and that is open to all persons licensed under at least one type of retail license. [1995 c.301 �76; 1997 c.249 �172; 1999 c.351 �31; 2016 c.3 �5; 2023 c.391 �18]

�� 471.394 Prohibition on sales at both wholesale and retail; prohibition on financial connection between retailer and wholesaler. (1) Except as provided in ORS 471.396, a person licensed under the provisions of this chapter may not sell alcoholic liquor at both retail and wholesale.

�� (2) Except as provided in ORS 471.396, a manufacturer or wholesaler may not acquire or hold any right, title, lien, claim or other interest, financial or otherwise, in, upon or to the premises, equipment, business or merchandise of a retail licensee.

�� (3) Except as provided in ORS 471.396, a retail licensee may not acquire or hold any right, title, lien, claim or other interest, financial or otherwise, in, upon or to the premises, equipment, business or merchandise of any manufacturer or wholesaler. [1995 c.301 �77; 1999 c.351 �56]

�� 471.396 Exceptions to prohibition on financial connection between wholesaler and retailer. (1) The prohibitions of ORS 471.394 (1) do not apply to persons holding winery licenses, grower sales privilege licenses, brewery-public house licenses, distillery licenses or brewery licenses, to the extent that retail sales are authorized by the statutes establishing the privileges of each license.

�� (2)(a) The prohibitions of ORS 471.394 (2) and (3) do not apply to a person who wholesales alcoholic liquor and who is not required to be licensed under the provisions of this chapter if the retail licensee does not sell any brand of alcoholic liquor sold or distributed by the person and does not sell any brand of alcoholic liquor produced by any manufacturer doing business with the person selling at wholesale.

�� (b) The prohibitions of ORS 471.394 (2) and (3) do not apply to a manufacturer of alcoholic liquor if the retail licensee does not sell any brand of alcoholic liquor sold, distributed or produced by the manufacturer and does not sell any brand of alcoholic liquor sold, distributed or produced by any subsidiary or other business entity that the manufacturer owns or manages, or that the manufacturer exercises control over.

�� (3) The prohibitions of ORS 471.394 do not apply solely by reason of the family relationship of a spouse or family member to a manufacturer or wholesaler if:

�� (a) The manufacturer or wholesaler is licensed by the Oregon Liquor and Cannabis Commission to sell alcoholic liquor at wholesale;

�� (b) The license authorizing sale of alcoholic liquor at wholesale was first issued before January 1, 1965, and has been held continuously since that date;

�� (c) The spouse or family member holds or seeks a license that authorizes the retail sale of alcoholic liquor for off-premises consumption only; and

�� (d) The manufacturer or wholesaler does not directly or indirectly sell alcoholic liquor to the spouse or family member.

�� (4) The prohibitions of ORS 471.394 do not apply solely by reason of the family relationship of a spouse or family member to the retail licensee if the manufacturer or wholesaler is licensed by the commission to sell alcoholic liquor at wholesale and does not directly or indirectly sell alcoholic liquor to the spouse or family member.

�� (5) Notwithstanding ORS 471.394, a manufacturer or wholesaler, and any officer, director or substantial stockholder of any corporate manufacturer or wholesaler, may hold, directly or indirectly, an interest in a full or limited on-premises sales licensee, provided that the interest does not result in exercise of control over, or participation in the management of, the licensee�s business or business decisions, and does not result in exclusion of any competitor�s brand of alcoholic liquor.

�� (6) Notwithstanding ORS 471.394, a full or limited on-premises sales licensee, and any officer, director or substantial stockholder of any corporate full or limited on-premises sales licensee, may hold, directly or indirectly, an interest in a manufacturer or wholesaler, provided that the interest does not result in exercise of control over, or participation in the management of, the manufacturer�s or wholesaler�s business or business decisions, and does not result in exclusion of any competitor�s brand of alcoholic liquor.

�� (7) Notwithstanding ORS 471.394, an institutional investor with a financial interest in a wholesaler or manufacturer may hold, directly or indirectly, an interest in a retail licensee unless the institutional investor controls, is controlled by, or is under common control with, a wholesaler or manufacturer. Notwithstanding ORS 471.394, an institutional investor with a financial interest in a retail licensee may hold, directly or indirectly, an interest in a wholesaler or manufacturer unless the institutional investor controls, is controlled by, or is under common control with, a retail licensee. The provisions of this subsection apply only to an institutional investor that is a state or federally chartered bank, a state or federally chartered mutual savings bank, a mutual fund or pension fund, or a private investment firm. The principal business activity of the institutional investor must be the investment of capital provided by depositors, participants or investors. The institutional investor must maintain a diversified portfolio of investments. The majority of the institutional investor�s investments may not be in businesses that manufacture, distribute or otherwise sell alcoholic beverages. The institutional investor, and the officers, directors, substantial shareholders, partners, employees and agents of the institutional investor, may not participate in management decisions relating to the sale or purchase of alcoholic beverages made by a licensee in which the institutional investor holds an interest.

�� (8) Notwithstanding ORS 471.394, a member of the board of directors of a parent company of a corporation that is a manufacturer may serve on the board of directors of a parent company of a corporation that is a retail licensee if:

�� (a) The manufacturer or parent company of a manufacturer is listed on a national security exchange;

�� (b) All purchases of alcoholic beverages by the retail licensee are made from holders of wholesale malt beverage and wine licenses, brewery licenses or winery licenses in this state;

�� (c) The interest of the member of the board of directors does not result in the exclusion of any competitor�s brand of alcoholic beverages on the licensed premises of the retail licensee; and

�� (d) The sale of goods and services other than alcoholic beverages by the retail licensee exceeds 50 percent of the gross receipts of the business conducted by the retail licensee on the licensed premises. [1995 c.301 �78; 1997 c.257 �2; 1997 c.803 �4; 1999 c.351 �32; 1999 c.442 �1; 2007 c.134 �2; 2021 c.351 �95]

�� 471.398 Prohibition of financial assistance from wholesaler to retailer. Except as otherwise specifically provided by law, a person holding a retail license may not accept directly or indirectly from a manufacturer or wholesaler, and a manufacturer or wholesaler may not provide directly or indirectly to the retail licensee, any of the following:

�� (1) Any substantial gratuities;

�� (2) Any finances, money, credit, discounts or rebates;

�� (3) Any fixtures, furniture or furnishings;

�� (4) Any equipment other than advertising and point of sale material and other items of nominal value supplied to all retail licensees without discrimination; or

�� (5) Any services other than the inspection of equipment, the inspection and rotation of stock, the building of displays and other services of nominal value incidental to merchandising in the usual course of business furnished to all retail licensees without discrimination. [1995 c.301 �79; 1997 c.79 �4]

�� 471.400 Exceptions to prohibition of financial assistance; rules. (1)(a) Notwithstanding ORS 471.394 and 471.398, a manufacturer or wholesaler may lease or furnish picnic pumps, cold plates, tubs, refrigerated trailers, refrigerated vans and refrigerated draft systems to a retail licensee if:

�� (A) The equipment is leased or furnished for a special event;

�� (B) A reasonable rental or service fee is charged for the equipment; and

�� (C) Except as provided in paragraph (b) of this subsection, the period that the equipment is leased or furnished does not exceed 14 days.

�� (b) The maximum period for which equipment may be leased or furnished under this subsection may be extended by periods that are reasonable for the equipment to be set up at or removed from the site of the special event.

�� (2) Notwithstanding ORS 471.394 and 471.398, the Oregon Liquor and Cannabis Commission may specify by rule the manner and circumstances under which a manufacturer or wholesaler may provide products and services to a nonprofit special licensee.

�� (3)(a) Notwithstanding ORS 471.394 and 471.398, the commission shall allow the sale of nonalcoholic products in the manner in which the nonalcoholic product is sold by a manufacturer or wholesaler not licensed by the commission. The commission may limit merchandising practices involving nonalcoholic products if the commission finds that the limitations are necessary to prevent abuses of ORS

ORS 479.168

479.168, public garage, dry cleaning establishment, apartment house, hotel, bulk oil storage plant, school, institution as defined in ORS 479.210, or any other building or structure regulated by the State Fire Marshal for use and occupancy or requiring approval by the State Fire Marshal pursuant to statute, the owner shall submit to the director two copies of a plan or sketch showing the location of the building or structure with relation to the premises, distances, lengths and details of construction as the director shall require. A filing is not required with respect to any such building or structure in any area exempted by order of the State Fire Marshal pursuant to ORS 476.030. Approval of the plans or sketches by the director is considered approval by the State Fire Marshal and satisfies any statutory provision requiring approval by the State Fire Marshal.

�� (3) A declaration of the value of the proposed construction or alteration and the appropriate fee required under ORS 455.210 must accompany the plan or sketch. However, the determination of value or valuation shall be made by the director.

�� (4) The director shall be furnished with not fewer than two accurate copies of the plan or sketch and details for the purpose of ascertaining compliance with applicable fire prevention and protection statutes and regulations. The plan examiner shall indicate on the plan or sketch and in writing approval or disapproval and conditions for approval of the construction or alteration. One copy of the plan or sketch shall be retained by the director and one copy shall be returned to the applicant. No building or structure referred to in subsection (2) of this section shall be erected or constructed without approval by the director if the building or structure requires approval by the State Fire Marshal. After such approval or issuance of the required permit, construction or alteration must comply with the plan or sketch in all respects unless modified by subsequent permit or order of the director.

�� (5) The approval of a plan or sketch may not be construed to be a permit for, or an approval of, any violation of any statute or regulation or the applicable ordinances and regulations of any governmental subdivision of the state. The approval of a plan or sketch may not be construed as an approval for noncompliance with fire marshal regulations. Any condition upon approval or disapproval is an order subject to appeal as other orders are appealable.

�� (6) Notwithstanding the requirements of subsections (2) and (4) of this section, the State Fire Marshal may, by rule, require an additional copy of a plan or sketch for local government use and may specify that plans or sketches submitted for review be drawn clearly and to scale. [1965 c.602 �14; 1967 c.417 �20; 1973 c.834 �33; 1977 c.821 �4; 1987 c.414 �158; 1993 c.744 �116; 1999 c.1082 �13; 2005 c.22 �364]

�� 479.160 [Repealed by 2011 c.97 �9]

�� 479.165 Certification of fire officials; rules. (1) In accordance with any applicable provisions of ORS chapter 183, the State Fire Marshal, by rule, shall establish a certification system for fire officials who review plans, new construction, alterations and specifications from a uniform fire code.

�� (2) Fire officials who review plans, new construction, alterations and specifications from a uniform fire code shall be certified under subsection (1) of this section.

�� (3) Nothing in this section shall be construed to expand the duties of the State Fire Marshal with respect to regulating additional types of structures. [1993 c.463 �3]

�� 479.168 Definitions for ORS 479.168 to 479.190 and 479.990. As used in ORS 479.168 to 479.190 and 479.990:

�� (1) �Alter� in its various modes and tenses and its participial forms refers to an alteration.

�� (2) �Alterations,� as applied to a building or structure, means any change, addition or modification in construction or occupancy.

�� (3) �Construction� means the making, building, alteration, erection, reconstruction, rebuilding or production of a building or addition or extension thereto, or enlargement thereof, in any manner not included in the term �repair.�

�� (4) �Family� means an individual or two or more persons related by blood or marriage or a group of not more than five persons, excluding servants, who need not be related by blood or marriage, living together in a dwelling unit.

�� (5) �Hospital� means a building of any sort in which sick or injured persons are received or kept for medical, surgical or nursing purposes.

�� (6) �Occupancy� means the purpose for which a building or structure is used or intended to be used. Change of occupancy is not intended to include change of tenants or proprietors.

�� (7) �Owner� includes a duly authorized agent or attorney, a purchaser, a devisee, a fiduciary and a person having a vested or contingent interest in the property in question.

�� (8) �Private residence� means that part of a single, double or multiple dwelling house or building occupied as living or sleeping quarters by one or more family units, exclusive of any portion of such house or building devoted to commercial, processing or manufacturing use.

�� (9) �Public building� means a building in which persons congregate for civic, political, educational, religious, social or recreational purposes, including among others, state buildings, courthouses, schools, colleges, libraries, museums, exhibit buildings, lecture halls, churches, assembly halls, lodge rooms, dance halls, theaters, skating rinks, bath houses, armories, recreation piers, grandstands and bleachers in exhibition parks or fields, and jails.

�� (10) �Repair� means restoration of an existing thing to its former state, to refit, to mend, to make good. �Repair� does not include construction, reconstruction, alteration or rebuilding of a building or any part thereof. [Formerly 479.010; 2011 c.97 �7]

�� 479.170 Ordering repair of, or removal of material from, buildings. (1) If the State Fire Marshal, or deputies, upon an examination or inspection finds a building or other structure which for want of proper repairs, by reason of age and dilapidated conditions, or poorly installed electric wiring and equipment, defective chimneys, defective gas connection, defective heating apparatus or for any other cause or reason, is especially liable to fire, and which is so situated or occupied as to endanger other buildings or property or human life, the officer shall order the building to be repaired and all dangerous conditions remedied.

�� (2) If the officer finds in any building or upon any premises any combustible or explosive material, rubbish, rags, waste, oils, gasoline or inflammable condition of any kind, dangerous to the safety of the buildings or premises or human life, the officer shall order such materials removed or remedied.

�� (3) The order shall be made against and served personally or by registered letter upon the owner, lessee or occupant of the building or premises. Thereupon it shall be complied with by the owner, lessee, agent or occupant within the time fixed in the order. Upon failure to comply, the State Fire Marshal may close the building or premises for use or occupancy until compliance has been made.

�� 479.180 Appeal from order to comply with fire prevention statutes; fee. (1) If the owner, lessee, agent or occupant is aggrieved by the order of an officer under the provisions of ORS

ORS 479.540

479.540, no person shall make, supervise or direct the making of an electrical installation which does not meet minimum safety standards.

�� (2) Except for a person authorized by the jurisdiction having authority, no person shall remove, transfer, alter or otherwise tamper with an inspection permit, label, tag or other indicia of inspection placed on or at an electrical job site, electrical installation or electrical product. A property owner may remove the construction inspection permit, label or tag if, after all required inspections are completed, the installation is found to be in compliance with the electrical code and has been approved by the inspector having jurisdiction. [1959 c.406 �16(1); 1981 c.815 �22; 1991 c.18 �1]

�� 479.720 [1959 c.406 �17; repealed by 1981 c.815 �40]

�� 479.730 Adoption of rules by Director of Department of Consumer and Business Services. In compliance with ORS chapter 183 the Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, shall adopt reasonable rules:

�� (1) Establishing, altering or revoking minimum safety standards for workmanship and materials in various classifications of electrical installations.

�� (2) Establishing, altering or revoking electrical product safety standards for design and construction of electrical products to be installed in this state. The standards may allow the certification of electrical products that a testing laboratory approved by the director and the board under ORS 479.760 has tested and found to be safe within the electrical product safety standards established under this subsection.

�� (3) Relating to the procedure for certifying and decertifying electrical products to be installed in this state. The Department of Consumer and Business Services, with the approval of the board, may limit the type of electrical products it accepts for certification under ORS 479.760 (3).

�� (4) Prescribing times, places and circumstances that permits shall be exhibited for inspection.

�� (5) Governing the internal organization and procedure for administering and enforcing ORS 479.510 to 479.945 and 479.995.

�� (6) Establishing, altering, approving or revoking minimum standards for electrical training programs.

�� (7)(a) Establishing which electrical products may be field evaluated by a field evaluation firm rather than certified;

�� (b) Establishing cost-based fees, requirements and procedures for approving, maintaining and suspending or revoking approvals of field evaluation firms;

�� (c) Establishing:

�� (A) Requirements and procedures for the field evaluation of electrical products; and

�� (B) Requirements and procedures for issuing field evaluation labels for the electrical products evaluated by field evaluation firms and testing laboratories;

�� (d) Establishing requirements and procedures for preparation of reports regarding installation safety issued by field evaluation firms;

�� (e) Establishing when an inspecting jurisdiction may require a report from a field evaluation firm; and

�� (f) Establishing other requirements as necessary to carry out this subsection. [1959 c.406 �19; 1963 c.151 �7; 1971 c.753 �24; 1981 c.815 �25; 1993 c.398 �1; 1993 c.744 �126; 1995 c.706 �3; 1999 c.794 �2; 2001 c.411 �23; 2003 c.299 �6; 2005 c.435 �5]

�� 479.740 Factors to be considered in adopting rules; incorporation of standards by reference. (1) In adopting rules under ORS 479.730 the Department of Consumer and Business Services shall consider:

�� (a) Technological advances in the electrical industry.

�� (b) The practicability of following the standards under consideration, if adopted.

�� (c) The probability, extent and gravity of the injury to the public or property which would result from failure to follow the standards under consideration.

�� (d) Safety standards followed, proposed or approved by responsible members of the electrical industry.

�� (2) After considering the factors in subsection (1) of this section, the department may incorporate by reference proposed safety standards of the electrical industry or independent organizations. The department may formulate and adopt independent safety standards if standards proposed by the industry and independent organizations are not acceptable to it. [1959 c.406 ��20,21]

�� 479.760 Certification of electrical products; safety indicators. (1) An electrical product may not be certified unless the product meets electrical product safety standards established in rule by concurrence of the Electrical and Elevator Board and the Director of the Department of Consumer and Business Services.

�� (2) Any person may apply to have the Department of Consumer and Business Services certify an electrical product. The department shall certify an electrical product if the product is shown to meet electrical product safety standards by one of the following methods:

�� (a) An equipment safety program approved by the board;

�� (b) Equipment minimum safety standards established by concurrence of the board and the director;

�� (c) An evaluation by an approved field evaluation firm;

�� (d) A listing from a nationally recognized testing laboratory;

�� (e) An evaluation of a first model of a product by the board; or

�� (f) Any other method approved by the board.

�� (3) To have an electrical product certified, a person may submit a specimen, sample or prototype to the department within a reasonable time before the date on which certification will be required, together with a fee set by the department sufficient to defray the cost of shipment and evaluation. The department shall evaluate the electrical product to determine whether the product meets electrical product safety standards. Not later than six months after receipt of a specimen, prototype or sample the department shall complete the required evaluation and give a decision certifying or rejecting the product. The department may appoint a special deputy or enter into an appropriate contract with a testing laboratory approved by the board under this section for the evaluation required under this subsection.

�� (4) The director with the approval of the board may establish standards and procedures for the approval of testing laboratories to test electrical products in the certification process under this section. [1959 c.406 ��16 (2) and (3),22,23; 1981 c.815 �26; 1999 c.794 �1; 2001 c.573 �17; 2003 c.299 �5]

�� 479.770 Approved electric ignition pilot required on certain appliances. No person shall sell or offer for sale in this state any new gas-fired, forced-air central space heating equipment, clothes dryer, domestic range or new gas-fired swimming pool heaters, unless such equipment, heater, dryer or range is equipped with an electric ignition pilot that complies with the rules of the Department of Consumer and Business Services adopted pursuant to ORS 479.740. [1977 c.630 �2; 1979 c.197 �1; 1981 c.815 �27]

�� 479.800 [1971 c.753 �23; 1977 c.748 �3; 1981 c.815 �28; 1983 c.740 �192; 1987 c.383 �1; repealed by 1993 c.744 �101]

�� 479.810 Administration and enforcement; Chief Electrical Inspector; inspector qualifications; rules. (1) The Electrical and Elevator Board shall administer and enforce ORS 479.510 to 479.945 and 479.995. The Director of the Department of Consumer and Business Services shall appoint an adequate staff of competent persons experienced and trained to serve as electrical inspectors. The board shall assist the director in reviewing determinations made by the staff involving electrical installations or products and to assist in formulating rules under ORS 479.730.

�� (2) The director, in consultation with the board, shall appoint a representative of the department�s staff of electrical inspectors who shall serve ex officio as secretary of the board. This person shall be known as the Chief Electrical Inspector.

�� (3) The director shall certify a person as an electrical inspector if:

�� (a) The person:

�� (A) Completes a general journeyman electrical apprenticeship program in Oregon;

�� (B) Has two years� experience as a licensed electrician in Oregon; and

�� (C) Passes the examination required for certification as a supervising electrician; or

�� (b) For a person with experience outside the State of Oregon, the person:

�� (A)(i) Has five years� experience in commercial or industrial electrical inspection; and

�� (ii) Passes the examination required for certification as a general supervising electrician; or

�� (B) Has six years of out-of-state experience as an electrician and passes the examination required for certification as a general supervising electrician.

�� (4) The board may, by rule, allow certification of persons as electrical inspectors with experience or training that does not meet the requirements specified in subsection (3) of this section.

�� (5) Rules adopted under this section shall provide for the recognition of equivalent experience acquired by a person outside the State of Oregon.

�� (6) An examination taken for purposes of applying for certification as an electrical inspector under this section shall not be valid for use in an application to become licensed as a supervising electrician. [1959 c.406 �18; 1961 c.693 �3; 1969 c.314 �53; 1971 c.753 �22; 1977 c.748 �4; 1981 c.815 �30; 1987 c.383 �2; 1993 c.574 �1; 1993 c.744 �127; 1997 c.677 �3; 2001 c.411 �24]

�� 479.815 Inspector conflicts of interest; rules. The Director of the Department of Consumer and Business Services, with the approval of the Electrical and Elevator Board, may adopt rules regulating or prohibiting conflicts of interest for electrical inspectors in regard to any work performed by an inspector or a related party under a license issued under ORS 479.630. [2003 c.675 �64]

�� 479.820 Duties and powers in enforcing law. (1) The Department of Consumer and Business Services shall:

�� (a) Check the authenticity, appropriateness and expiration dates of licenses issued under ORS

ORS 479.760

479.760 and that is not decertified.

�� (4) �Competent inspection service� means an electrical inspection service of a city or county administered under ORS 455.148 or 455.150 that employs electrical inspectors who are certified to meet standards under ORS 479.810.

�� (5) �Commercial electrical air conditioning equipment� means heating, cooling, refrigeration, dehumidifying, humidifying and filtering equipment used for climatizing or moving of air if used in commerce, industry or government and if installed in a place not accessible to the general public other than the switches regulating the operation of the equipment.

�� (6) �Demarcation point� means the place of interconnection between the communications cabling, terminal equipment or protective apparatus of the telecommunications service provider and the customer�s premises.

�� (7) �Department� means the Department of Consumer and Business Services.

�� (8) �Director� means the Director of the Department of Consumer and Business Services.

�� (9) �Dwelling unit� means one or more rooms for the use of one or more persons as a housekeeping unit with space for eating, living and sleeping and permanent provisions for cooking and sanitation.

�� (10) �Electrical installations� means the construction or installation of electrical wiring and the permanent attachment or installation of electrical products in or on any structure that is not itself an electrical product. �Electrical installation� also means the maintenance or repair of installed electrical wiring and permanently attached electrical products. �Electrical installation� does not include an oil module.

�� (11) �Electrical product� means any electrical equipment, material, device or apparatus that, except as provided in ORS 479.540, requires a license or permit to install and either conveys or is operated by electrical current.

�� (12) �Equipment� means any material, fittings, devices, appliances, fixtures, apparatus or the like that are used as part of or in connection with an electrical installation.

�� (13) �Field evaluation firm� means an independent organization that provides:

�� (a) Evaluations or testing, or both; and

�� (b) Documentation regarding compliance with electrical product safety standards and with the electrical installation safety code.

�� (14) �Industrial electrical equipment� means electrical products used in industry or government that utilize electric energy for mechanical, chemical, heating, lighting or similar purposes, that are designed to service or produce a product and that are used directly in the production of the service or product.

�� (15) �Installation label� means an adhesive tag issued by governmental agencies that administer the Electrical Safety Law to licensed electrical contractors for application to those minor electrical installations for which the board by rule determines to be appropriate for random inspections.

�� (16) �License� means a permit issued by the department under ORS 479.630 authorizing the person whose name appears as licensee thereon to act as an electrical contractor, supervising electrician, journeyman electrician, electrical apprentice or limited elevator journeyman as indicated thereon.

�� (17) �Minimum safety standards� means safety standards prescribed by concurrence of the board and the director under ORS 479.730.

�� (18) �Multifamily dwelling� means a building containing more than one dwelling unit.

�� (19) �Oil module� means a prefabricated structure manufactured to the specifications of the purchaser and used outside this state in the exploration for or processing or extraction of petroleum products.

�� (20) �Permit� means an official document or card issued by the enforcing agency to authorize performance of a specified electrical installation.

�� (21) �Single family dwelling� means a building consisting solely of one dwelling unit.

�� (22) �Telecommunications service provider� means a telecommunications carrier as defined in ORS 133.721 or a telecommunications utility or competitive telecommunications provider, both as defined in ORS 759.005.

�� (23) �Uncertified product� means any electrical product that is not an electrical product certified under ORS 479.760. [1959 c.406 �3; 1971 c.753 �55; 1973 c.834 �35; 1981 c.815 �4; 1983 c.733 �1; 1985 c.826 �3; 1987 c.414 �34; 1987 c.575 �4; 1987 c.874 �2; 1993 c.744 �118; 1995 c.706 �1; 1999 c.59 �159; 1999 c.1031 �1; 2001 c.573 �16; 2003 c.222 �1; 2003 c.299 �2; 2005 c.435 �2; 2007 c.271 �3; 2011 c.9 �67]

�� 479.540 Exemptions; rules. (1) Except as otherwise provided in this subsection, a person is not required to obtain a license to make an electrical installation on residential or farm property that is owned by the person or a member of the person�s immediate family if the property is not intended for sale, exchange, lease or rent. The following apply to the exemption established in this subsection:

�� (a) The exemption established for a person under this subsection does not exempt the work performed by the person from having to comply with the requirements for such work under ORS chapter 455 or this chapter and rules adopted thereunder.

�� (b) If the property is a building used as a residence and is for rent, lease, sale or exchange, this subsection establishes an exemption for work on, alterations to or replacement of parts of electrical installations as necessary for maintenance of the existing electrical installations on that property, but does not exempt new electrical installations or substantial alterations to existing electrical installations on that property. As used in this paragraph, �new electrical installations or substantial alterations� does not include the replacement of an existing garbage disposal, dishwasher or electric hot water heater with a similar appliance of 30 amps or less, single phase, by a landlord, landlord�s agent or the employee of the landlord or landlord�s agent.

�� (2) An electrical contractor license is not required in connection with an electrical installation:

�� (a) Of meters and similar devices for measuring electricity by a person principally engaged in the business of generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment.

�� (b) Of ignition or lighting systems for motor vehicles.

�� (c) To be made by a person on the person�s property in connection with the person�s business.

�� (d) To be made by a public utility, consumer-owned utility as defined in ORS 757.270, telecommunications carrier as defined in ORS 133.721, competitive telecommunications provider as defined in ORS 759.005 or municipality for generation, transmission or distribution of electricity on property that the utility, carrier, provider or municipality owns or manages.

�� (3) A person whose sole business is generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment, is not required to obtain a license to transform, transmit or distribute electricity from its source to the service head of the premises to be supplied thereby.

�� (4)(a) A person is not required to obtain a license for the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority and the person doing the repair or replacement is a member of the housing authority�s regular maintenance staff.

�� (b) A license is not required for:

�� (A) Temporary demonstrations;

�� (B) A street lighting system located on a public street or in a right of way if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems; or

�� (C) An outdoor transmission or distribution system, whether overhead or underground, if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems.

�� (c) For the purposes of this subsection, �qualified employee� means an employee who has registered with or graduated from a State of Oregon or federally approved apprenticeship course designed for the work being performed. The supervising electrician signature required under ORS 479.560 (1)(b) does not apply to contractors working under this subsection.

�� (5) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply:

�� (a) To electrical products owned by, supplied to or to be supplied to a public utility as defined in ORS 757.005, consumer-owned utility as defined in ORS 757.270, telecommunications carrier as defined in ORS 133.721 or competitive telecommunications provider as defined in ORS 759.005;

�� (b) To electrical installations made by or for a public utility, consumer-owned utility, telecommunications carrier or competitive telecommunications provider if the electrical installations are an integral part of the equipment or electrical products of the utility, carrier or provider; or

�� (c) To any electrical generation plant owned or operated by a municipality to the same extent that a utility, telecommunications carrier or competitive telecommunications provider is exempted under paragraphs (a) and (b) of this subsection.

�� (6) A permit is not required:

�� (a) For the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority; or

�� (b) For the repair, alteration or replacement of existing electrical products or electrical installations authorized by ORS 479.560 (3) at an industrial plant, a commercial office building, a building that is owned, leased, managed or operated by the state or a local government entity or other facilities designated by the Electrical and Elevator Board when the owner, operating manager or electrical contractor of the facility meets the provisions of ORS

ORS 479.910

479.910, 480.630, 693.060, 693.103 or 693.111 must wear and visibly display an identification badge indicating the person�s current license status while performing work for which the license is required. The authority that licenses the person shall specify the size and content of the identification badge and may establish such other specifications as the authority deems appropriate.

�� (2) Subsection (1) of this section does not apply if wearing or displaying the identification badge may create a danger to the public health or to the safety of the person or the public.

�� (3) This section does not require the display of a contractor or business license. [2003 c.675 �62; 2005 c.758 �21]

�� Note: 455.415 was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 455.417 Provision of electric service capacity for charging electric vehicles in newly constructed buildings; requirements; exemptions; rules. (1) As used in this section:

�� (a) �Electric vehicle charging station� means a device or facility for delivering electricity for motor vehicles that use electricity for propulsion.

�� (b) �Municipality� has the meaning given that term in ORS 455.010.

�� (c) �Provisions for electrical service capacity� means:

�� (A)(i) Building electrical service, sized for the anticipated load of electric vehicle charging stations, that has overcurrent devices necessary for electric vehicle charging stations or has adequate space to add the overcurrent devices;

�� (ii) Designated space within a building to add electrical service with capacity for electric vehicle charging stations; or

�� (iii) A designated location on building property, in or adjacent to a landscaped area, for installing remote service for electric vehicle charging stations; and

�� (B) A conduit system installed from building electrical service, or from the dedicated spaces or locations described in subparagraph (A) of this paragraph, to parking spaces that can support, at a minimum, electrical wiring for installation of level 2 electric vehicle charging stations and, if the conduit is for future installation of electric vehicle charging stations, that labels both ends of the conduit to mark the conduit as provided for future electric vehicle charging stations.

�� (d) �Townhouse� has the meaning given that term in ORS 197A.420.

�� (2) The Director of the Department of Consumer and Business Services shall adopt amendments to the state building code to require newly constructed buildings described in subsection (3)(a) of this section to include provisions for electrical service capacity for charging electric vehicles. The code must require that each building include, at a minimum, provisions for electrical service capacity at no less than 20 percent of the vehicle parking spaces in the garage or parking area for the building. Fractional numbers derived from a calculation of the vehicle parking spaces must be rounded up to the nearest whole number.

�� (3)(a) The director shall make code requirements under subsection (2) of this section applicable only to:

�� (A) Commercial buildings under private ownership;

�� (B) Multifamily residential buildings with five or more residential dwelling units; and

�� (C) Mixed-use buildings consisting of privately owned commercial space and five or more residential dwelling units.

�� (b) The director may not make code requirements under subsection (2) of this section applicable to townhouses.

�� (4) Notwithstanding ORS 455.040, a municipality may, by process concerning land use, require that each newly constructed building described in subsection (3)(a) of this section include provisions for electrical service capacity to accommodate more than 20 percent of vehicle parking spaces in the garage or parking area for the building. [2021 c.152 �1]

�� Note: 455.417 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 455 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 455.418 Integration of buildings with community microgrids; rules. (1) As used in this section:

�� (a) �Community microgrid� means a microgrid that is located within a geographical area that a local government designates as a microgrid zone under ORS 197.729.

�� (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.

�� (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 488.071

488.071]

�� 830.240 Ventilation systems; rules. (1) Motorboats using fuel having a flashpoint of 110 degrees Fahrenheit or less shall have ventilating systems that meet standards provided by the State Marine Board for the purpose of properly and efficiently ventilating the bilges of every engine and fuel compartment in order to remove any inflammable or explosive gases.

�� (2) The board may, in accordance with ORS chapter 183, adopt regulations providing standards for ventilating systems. Motorboats so constructed as to have the greater portion of the bilges under the engines and fuel tanks open and exposed to the natural atmosphere at all times are not required to be fitted with ventilators. [Formerly 488.080]

�� 830.245 Safety devices on boat operated in tidewater; rules. No person shall operate a boat in the waters of this state which rise and fall with the ebb and flow of the tide unless the boat is equipped with safety devices of a type prescribed by regulations of the State Marine Board made in accordance with ORS chapter 183. [Formerly 488.092]

�� 830.250 Additional equipment; rules. The State Marine Board may require by rule that all boats or any class of boats shall carry or install additional equipment which in the opinion of the board is necessary for the safety of persons and property. The rules shall be made in accordance with ORS chapter 183 and, to the extent considered by the board to be consistent with safety of persons and property, shall equal or exceed the regulations promulgated by the United States Coast Guard. [Formerly 488.094]

�� 830.260 Muffling devices. The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle or suppress the noise of the exhaust in a reasonable manner. The use of cutouts or open exhaust stacks is prohibited, except:

�� (1) On motorboats competing in a regatta, race or trial for speed records authorized as provided in ORS 830.375.

�� (2) On racing motorboats while the boat or equipment on the boat is being tried or tested in compliance with ORS 830.350. [Formerly 488.052]

�� 830.270 Notice to board on noise violation charge; board to supply information to court; suspension of certificate. (1) Before hearing any charge for violation of ORS 830.260, a court shall notify the State Marine Board of the name of any person cited for violation of ORS 830.260 and the number of any boat used in the alleged violation.

�� (2) Upon receipt of a notification under subsection (1) of this section, the board shall:

�� (a) Notify the court of whether the person cited is the owner of the boat; and

�� (b) If the person is not the owner of the boat, notify the boat owner that the certificate of number of the boat will be suspended under ORS 830.815 if the person cited for operating the boat is convicted and there is no evidence to satisfy the court that the boat has been brought into compliance with standards for sound levels established by the board for purposes of ORS 830.815.

�� (3) At a hearing for violation of ORS 830.260, the court shall allow the owner of the boat used in the violation to show that the boat has been brought into compliance with standards for sound levels established by the board.

�� (4) If a court finds that a person has operated a boat in violation of ORS 830.260, the court shall provide the board with information necessary to suspend the certificate of number for the boat under ORS 830.815 unless evidence has been presented to the satisfaction of the court that the boat has been brought into compliance with the standards for sound levels established by the board. [Formerly

ORS 522.075

522.075, the department shall issue or deny the permit by a written order within 60 days after receipt of a complete application unless the department determines that a longer period is necessary to respond to comments or new information or for other good cause. [1975 c.552 �4b; 2009 c.794 �7]

�� 522.070 [1971 c.776 �7; repealed by 1975 c.552 �55]

�� 522.075 Bond or security; conditions; cancellation. (1)(a) The State Department of Geology and Mineral Industries may not issue a permit for a prospect well until the applicant has provided a bond or alternative form of financial security as specified in rules adopted by the governing board of the State Department of Geology and Mineral Industries.

�� (b) The amount of the bond or alternative form of financial security may not be less than $10,000 for each prospect well or not less than $50,000 for all prospect wells to be drilled.

�� (2) The bond or alternative form of financial security must be conditioned upon compliance with the requirements of this chapter and rules adopted and orders issued pursuant to this chapter and must secure the state against all losses, charges and expenses, including court costs and attorney fees, incurred by the state in obtaining such compliance.

�� (3) With the consent of the department, any bond or acceptable alternative form of financial security submitted pursuant to this section may be terminated or canceled. However, the department may not consent to the termination or cancellation of any bond or security until each prospect well covered by such bond or security has been properly and safely plugged and decommissioned pursuant to the plan required by the permit or until another bond or security for each well has been submitted and approved by the department. [1975 c.552 �4c; 1977 c.87 �1; 1979 c.163 �2; 1995 c.146 �1; 2009 c.794 �9]

�� 522.080 Operator liability. In addition to any other liability imposed by law, the operator of a prospect well shall be liable to any person or public agency that sustains damages from failure of the operator to comply with:

�� (1) A condition in a permit requiring the operator to provide for the protection of ground water in the area affected by the well; or

�� (2) Any rules of the governing board of the State Department of Geology and Mineral Industries establishing standards for blowout prevention, equipment and casing design and removal, and any other procedures necessary to shut out detrimental substances from strata containing ground or surface water usable for beneficial purposes. [2009 c.794 �8]

�� 522.085 Report certifying completion of decommissioning plan. Upon completion of all drilling and testing undertaken pursuant to an application to drill prospect wells, the applicant shall file with the State Department of Geology and Mineral Industries a report certifying the completion of the plugging and decommissioning plan required by the permit. [1975 c.552 �4d; 2009 c.794 �10]

�� 522.110 [1971 c.776 �11; 1973 c.388 �2; repealed by 1975 c.552 �55]

GEOTHERMAL WELLS

�� 522.115 Permit; application; fees. (1) A person may not engage in the drilling or operating of any geothermal well except in compliance with a permit issued by the State Department of Geology and Mineral Industries under this section.

�� (2) An application for a permit to drill or operate a geothermal well must include:

�� (a) The location and elevation of the floor of the proposed derrick.

�� (b) The number or other designation approved by the department by which the well shall be known.

�� (c) The applicant�s estimate of the depths to be drilled.

�� (d) The nature and character of the geothermal resource sought.

�� (e) A reclamation plan for the well pad.

�� (f) Such other information as the department by rule may require to assess the impact of the proposed geothermal well.

�� (g) A nonrefundable fee of $5,000.

�� (3) The permittee shall pay an annual nonrefundable renewal fee of $4,000 on or before the anniversary of each active permit.

�� (4) A request by a permittee to modify a permit shall be accompanied by a nonrefundable fee not to exceed $5,000.

�� (5) A request by a permittee to transfer a permit issued under this section must be accompanied by a nonrefundable fee of $5,000.

�� (6) All moneys received by the department under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries Account established by ORS 516.070. [1975 c.552 �5; 1977 c.87 �2; 1991 c.526 �3; 2009 c.794 �11; 2020 s.s.2 c.4 �9; 2025 c.601 �7]

�� 522.120 [1971 c.776 ��12,13; 1973 c.388 �3; repealed by 1975 c.552 �55]

�� 522.125 Circulation of application to state agencies; suggested conditions to permit. (1) Upon receipt of a complete application for a permit to drill or operate a geothermal well, the State Department of Geology and Mineral Industries shall circulate copies of the application to the Water Resources Department, the State Department of Fish and Wildlife, the Department of Environmental Quality, the State Parks and Recreation Department, the Department of Land Conservation and Development, the State Department of Energy, the Department of State Lands and the governing body of the county and the geothermal heating district in which the well will be located. The State Department of Geology and Mineral Industries may circulate copies to other public agencies that have an interest in the application.

�� (2) Any public agency receiving a copy of the application as provided in subsection (1) of this section may suggest conditions under which a permit should be granted. A public agency shall submit any suggested conditions to the State Department of Geology and Mineral Industries within 45 days of the public agency�s receipt of the copy of the application. The department shall consider any suggested conditions that a public agency submits to the department within the 45-day period. [1975 c.552 �6; 1981 c.694 �5; 1989 c.904 �66; 2009 c.794 �12]

�� 522.130 [1971 c.776 �14; repealed by 1975 c.552 �55]

�� 522.135 Permit; time limit for action; grounds for issuance; conditions; fees. (1) Within 60 days after receipt of a complete application for a permit to drill or operate a geothermal well, the State Department of Geology and Mineral Industries shall by order issue or deny the permit unless the department determines that a longer period is necessary to respond to comments or new information or for other good cause.

�� (2) Except as provided in ORS 522.145, the department shall issue the permit if, after receipt of comments from the agencies referred to in ORS 522.125, the department determines that issuance of the permit would be consistent with the provisions of this chapter and ORS chapters 468A, 468B and 537, any rule adopted under this chapter by the governing board of the department, any rule adopted by the Water Resources Commission under ORS chapter 537 and any rule adopted under ORS chapter 468 or 468B by the Environmental Quality Commission.

�� (3) If the department issues a permit pursuant to this section, the department shall impose such conditions as the department considers necessary to carry out the provisions of this chapter and ORS chapters 468A, 468B and 537, any rule adopted under this chapter by the governing board of the department, any rule adopted by the Water Resources Commission under ORS chapter 537 and any rule adopted under ORS chapter 468 or 468B by the Environmental Quality Commission. The department shall include in the permit a statement that issuance of the permit does not relieve any person from any obligation to comply with ORS

ORS 523.710

523.710�� Limit on eligible individuals in retirement plan

GENERAL PROVISIONS

�� 523.010 Definitions. As used in this chapter unless the context requires otherwise:

�� (1) �Board� or �board of commissioners� means the governing body of a district.

�� (2) �By-product� means any mineral or minerals (exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances) which are found in solution or in association with geothermal resources and which have a value of less than 75 percent of the value of the geothermal resources or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves.

�� (3) �District� means a geothermal heating district formed under this chapter.

�� (4) �County� means the county in which the district, or the greater portion of the taxable assessed value of the district, is located.

�� (5) �County board� means the county court or board of county commissioners of the county.

�� (6) �County clerk� means the county clerk of the county.

�� (7) �Geothermal heat� means heat derived from geothermal resources.

�� (8) �Geothermal resources� means the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or which may be extracted from, the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth, exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances, but including, specifically:

�� (a) All products of geothermal processes, embracing indigenous steam, hot water and hot brines;

�� (b) Steam and other gases, hot water and hot brines resulting from water, gas or other fluids artificially introduced into geothermal formations;

�� (c) Heat or other associated energy found in geothermal formation; and

�� (d) Any by-product derived from them.

�� (9) �Inhabitant� when used with respect to a district includes a business located within the district.

�� (10) �Owner� means the holder of the record title to real property or the vendee under a land sale contract, if there is such a contract. [1975 c.782 �1; 1983 c.83 �98]

CREATION AND POWERS

�� 523.015 Definitions for ORS 523.020. For the purposes of ORS 523.020 and this section, notwithstanding ORS 523.610 to 523.670, �board,� as defined in ORS 523.010, includes the governing body of a city. �District,� as defined in ORS 523.010, includes an incorporated city. [1977 c.212 �1]

�� Note: 523.015 and 523.020 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 523 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 523.020 City as geothermal heating district. (1) An incorporated city, when empowered by its charter to do so, may provide geothermal heating services to persons within and without its boundaries in accordance with the provisions of ORS chapter 523, where not in conflict with ORS 523.015 and this section.

�� (2) The powers conferred by ORS chapter 523 and ORS 523.015 and this section are in addition to the powers conferred by any other law and not in substitution for any right, power or privilege vested in a city. [1977 c.212 �2]

�� Note: See note under 523.015.

�� 523.030 Formation of geothermal heating districts; disposal of surplus; exclusion from district. A geothermal heating district may be formed for the purpose of supplying inhabitants of the district with geothermal heat as provided by this chapter. In connection with supplying geothermal heat, a district may supply, furnish and sell for any use any surplus geothermal heat over and above the heating needs of its inhabitants to persons outside the district, or to school districts or other local governments as defined in ORS 174.116. All railroad rights of way or improvements thereon or rolling stock moving thereover shall be excluded from districts organized under ORS 198.010, 198.180, 198.510,

ORS 543.664

543.664. [1985 c.561 �2]

�� 543.664 Rules relating to joint projects of districts and private persons. The Water Resources Commission shall establish rules necessary to carry out the provisions of ORS 543.662. The rules shall include the amount of control over and interest in a joint project a district must retain in order to receive the benefit of the municipal preference and proceed under the municipal application process set forth in ORS chapter 537. [1985 c.561 �3]

�� 543.665 Authority to issue revenue bonds to acquire hydroelectric facilities. (1) In addition to any other authority under its principal Act to issue bonds, a district, when authorized at any properly called election, shall have the power to sell and dispose of revenue bonds to construct or acquire hydroelectric facilities in conformance with ORS 543.650 to 543.685 to develop the hydroelectric generation capabilities of the water system, and to pledge as security therefor all or any part of the unobligated net revenue of the district or system.

�� (2) Revenue bonds may be issued by a district to construct or acquire hydroelectric facilities in connection with its water system in conformance with ORS 543.650 to 543.685, including, but not limited to, dams, canals, generating plants, transmission lines, other power equipment and acquire the necessary property and rights therefor, for the purpose of generating hydroelectric energy.

�� (3) The revenue bonds authorized by this section shall be issued in the same manner and form as are general obligation bonds of the district, but they shall be payable, both as to principal and interest, from revenues only, as specified by this section. The revenue bonds shall not be subject to the percentage limitation applicable to general obligation bonds and shall not be a lien upon any of the taxable property within the corporate limits of such district, but shall be payable solely from such part of the revenues of the district as remain after payment of obligations having a priority and of all expenses of operation and maintenance of the district, including any taxes levied against it. All revenue bonds shall contain a clause reciting that both the principal and interest are payable solely from operating revenues of the district remaining after paying such obligations and expenses. [1981 c.420 �4; 1985 c.561 �6]

�� 543.670 Manner of issuance of revenue bonds. All revenue bonds issued under ORS 543.665 shall be issued as prescribed in ORS chapter 287A, but the requirements of ORS 287A.150 do not apply. [1981 c.420 �5; 1983 c.557 �12; 2007 c.783 �216]

�� 543.675 Power of eminent domain not to be exercised to acquire hydroelectric facilities. Notwithstanding any powers of eminent domain and condemnation given to a district under its principal Act, a district shall not exercise any power of condemnation or eminent domain to condemn, appropriate or acquire real property for the purpose of constructing, acquiring, operating or maintaining hydroelectric facilities. [1981 c.420 �6]

�� 543.680 Compliance with water appropriation laws required. A district shall comply with all applicable provisions of ORS chapter 537 before enlarging or modifying the district�s water system for the purpose of generating hydroelectric energy. [1981 c.420 �7; 1985 c.561 �7]

�� 543.685 District board to require weatherization; Weatherization Fund; purpose. (1) If the board of directors of a district has not adopted an ordinance, resolution or administrative rule requiring the weatherization of the buildings of the district, the district shall deposit 10 percent of any revenues derived from the sale of excess electric energy under ORS 543.660 with the officer serving as the treasurer of the district to be credited to a special fund designated its Weatherization Fund. Moneys in the fund shall be expended upon written order of the board of directors for the sole purpose of accomplishing weatherization of buildings owned by the district.

�� (2) As used in this section, �weatherization� means the installation of materials, equipment or fixtures designed primarily to improve the efficiency of space heating and energy utilization of a building. [1981 c.420 �8]

POWER DEVELOPMENT FEES

�� 543.705 Definitions for ORS 543.710 to 543.730. As used in ORS 543.710 to 543.730, �claimant� means any person claiming the right to the use of water for power development. [1957 c.333 �1]

�� 543.710 Annual fee based on horsepower; exemptions; disbursement. Every claimant other than a licensee under ORS 543.010 to 543.610 shall on or before January 1 of each year pay to the state in advance an annual fee based upon the theoretical water horsepower claimed under each separate claim to water and calculated using the formula under ORS 543.078 for a project of similar theoretical horsepower. [Amended by 1957 c.333 �2; 1965 c.185 �1; 1973 c.163 �5; 1997 c.449 �38; 1999 c.873 �24; 2001 c.104 �229; 2021 c.516 �6]

�� 543.720 Payment of annual fee; accompanying statement; penalty for nonpayment of fees or nonfiling; lien; foreclosure; effect of filing excessive claim; computation of horsepower. (1) The fees provided for in ORS 543.710 shall be paid to the Water Resources Commission in advance, and shall be accompanied by a written statement showing the extent of the claim. The statement shall set forth the name and address of the claimant; the name of the stream from which the water is appropriated or claimed for power development; a description of the 40 acres, or smallest legal subdivision in which the point of diversion and point of return are located; the date of the right as claimed; the maximum amount of water claimed expressed in cubic feet per second of time; the total average fall utilized under such claim; the manner of developing power; and the use to which the power is applied. If the regular flow is supplemented by water stored in a reservoir, the location of the reservoir, its capacity in acre-feet and the stream from which it is filled and fed, should be given, also the date of the right as claimed, for storage purposes.

�� (2) If any claimant fails or neglects to file the statement or to pay the fees within the time specified, the fees due and payable shall be the amount specified in ORS

ORS 561.190

561.190.

�� (3) Refusal to furnish authorized officers and employees of the State Department of Agriculture, upon demand either personal or in writing, with a sufficient sample for analysis of any food product specified in subsection (2) of this section after tender of the market price therefor is prima facie evidence that such food is not enriched as required. [1971 c.176 �7; 1973 c.227 �25; 1975 c.265 �4; 2003 c.14 �365]

OPEN DATE LABELING

�� 616.800 Short title. ORS 616.800 to 616.835 and 616.994 may be cited as the Open Date Labeling Law. [1973 c.173 �2]

�� 616.805 Definitions for ORS 616.800 to 616.835 and 616.994. As used in ORS 616.800 to 616.835 and 616.994, unless the context requires otherwise:

�� (1) �Food� means any substance used or intended to be used for human consumption as food, drink or condiment.

�� (2) �Open date� means a date clearly visible to retail consumers showing the pull date, packing date or other date described in ORS 616.835 (2).

�� (3) �Packing date� means the date specifying the time a perishable food was packaged in its final form for sale to the consumer.

�� (4) �Perishable food� means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. �Perishable food� includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, and foods that have been packaged or refrigerated. ORS 616.800 to 616.835 and 616.994 shall not apply to fresh fruits or vegetables or to foods that have been canned or frozen.

�� (5) �Pull date� means, whichever is earlier, the date specifying the time:

�� (a) The perishable food manufacturer, processor or packager recommends that a perishable food should be removed from retail sale, allowing the consumer time for normal home consumption or use under proper care and storage conditions; or

�� (b) A perishable food should no longer be offered for sale or sold as fresh. A perishable food shall be considered fresh only so long as significant changes in appearance, taste, odor, nutritional value, or other indicia of quality or fitness for human consumption have not taken place or are not likely to have taken place under generally accepted food handling practices for that particular food. [1973 c.173 �3]

�� 616.810 Exemption for alcoholic beverages. ORS 616.800 to 616.835 and 616.994 do not apply to alcoholic beverages. [1973 c.173 �9]

�� 616.815 Open date labeling required for packaged perishable food sold at retail. No person shall sell or offer for sale at retail any packaged perishable food unless the package bears a clearly marked, printed or stamped label showing the open date for the perishable food in the package. Such label shall be so designed and placed as to be clearly visible to the consumer. [1973 c.173 �4]

�� 616.820 Label required to be affixed to package not later than time of delivery to retail seller. (1) The perishable food manufacturer, processor or packager shall affix, print or stamp the label required by ORS 616.815 to the perishable food retail package and to all closed shipping cartons, containers or wrappers of such perishable food packages not later than the time of delivery of the perishable food packages to the retail seller.

�� (2) No perishable food manufacturer, processor or packager shall fail to comply with subsection (1) of this section. [1973 c.173 �5]

�� 616.825 Sale of perishable food after expiration of pull date prohibited; exceptions; time for removal of packages with expired pull dates. (1) No person shall sell or offer for sale at retail any packaged perishable food after the expiration of the open pull date appearing on the label of the package or container unless:

�� (a) The package has been separated from packages of perishable food with open pull dates that have not expired;

�� (b) Each such package or group of packages is clearly identified in retail display as having an expired open pull date; and

�� (c) The food is fit for human consumption according to applicable state and federal law.

�� (2) Notwithstanding the provisions of this section, a vendor shall be allowed the first eight business hours after the expiration of the open pull date within which to remove all packages with an expired pull date. [1973 c.173 �6]

�� 616.830 Altering labels or using nonconforming labels prohibited. No person shall:

�� (1) Alter, deface or remove the open date from any perishable food retail or shipping package carton, container or wrapper.

�� (2) Label any perishable food retail or shipping package carton, container or wrapper in a manner that does not conform to the rules promulgated pursuant to ORS 616.835. [1973 c.173 �7]

�� 616.835 Rulemaking authority. In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, in consultation with the industries affected, shall promulgate rules to carry out ORS 616.800 to 616.835 and 616.994. Such rules shall include, but are not limited to:

�� (1) Establishing which particular foods are subject to ORS 616.800 to 616.835 and 616.994.

�� (2) Establishing which one or more of the following types of open date is to be used for particular groups or classes of perishable foods:

�� (a) The packing date.

�� (b) The pull date.

�� (c) The date on which fowl, including chickens, fryers, turkeys, ducks, geese and other domesticated birds, are killed or slaughtered to be processed into perishable food.

�� (3) Specifying the size, content and form of the labeling information required by ORS 616.800 to 616.835 and 616.994.

�� (4) Exempting from the operation of ORS 616.800 to 616.835 and 616.994 those perishable foods for which open date labeling would be:

�� (a) Impractical or not meaningful because of the size of the package or the nature of the perishable food;

�� (b) Possibly unconstitutional as interference with the free movement of goods in interstate commerce. [1973 c.173 �8]

UNIT PRICING

�� 616.850 Definitions for ORS 616.850 to 616.890. As used in ORS 616.850 to 616.890, unless the context requires otherwise:

�� (1) �Consumer commodity� means any of the following items:

�� (a) Food, including all material, solid, liquid or mixed, whether simple or compound, used or intended for consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients to be added thereto for any purposes;

�� (b) Paper products, including napkins, towels, facial tissues, toilet tissues, disposable plates and cups;

�� (c) Wrapping products, including those made of paper, plastic and aluminum; and

�� (d) Soaps, detergents, cleaning aids, deodorizing aids, waxes and wax removers, disinfectants, polishes and polish removers, bleaches, scouring pads and all other laundry and household cleaning products.

�� (2) �Grocery store or food market� means any retail establishment or department thereof:

�� (a) That sells consumer commodities, the gross annual receipts from the sale of which is $1.5 million or more; and

�� (b) That is part of a chain system or contracts with a supplier or cooperative that utilizes common purchasing, warehousing or distribution facilities, if the chain, cooperative or supplier has computer hardware for inventory control, ordering or pricing labels.

�� (3) �Package� means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers.

�� (4) �Unit retail price� means the retail price of the contents of a package of any consumer commodity, expressed in terms of the retail price of such contents per single whole unit of weight, volume, measure or count, computed to the nearest 10th of a cent when less than $1 and to the nearest cent when $1 or more. [1977 c.181 �3; 1979 c.827 �1; 2007 c.71 �185]

�� 616.855 Items exempt from unit pricing requirements. ORS 616.850 to 616.890 do not apply to:

�� (1) Fresh fruits and vegetables.

�� (2) Products sold in quantities of one avoirdupois ounce, or 28.35 grams or one fluid ounce, or less.

�� (3) Packaged consumer commodities that may be lawfully sold only upon the written or oral direction of a licensed practitioner. As used in this subsection, �practitioner� has the meaning for the term provided in ORS 689.005.

�� (4) Alcoholic beverages that are subject to the Federal Alcohol Administration Act.

�� (5) Tobacco, cosmetics and personal care products, hardware and household equipment.

�� (6) Products sold in one size limit only, or in such manner that the State Department of Agriculture determines that no comparison is meaningful.

�� (7) Consumer commodities sold for immediate consumption on the premises.

�� (8) Patent or proprietary medicines.

�� (9) Products sold through coin-operated vending machines or products sold by manual distribution from mobile catering units to individual consumers. [1977 c.181 �4; 1979 c.777 �57; 1979 c.785 �6; 1979 c.827 �4; 2009 c.175 �7]

�� 616.860 Unit pricing of packaged consumer commodities required; explanation to consumers. (1) Except as provided in ORS

ORS 576.024

576.024, 619.010 to 619.071, 619.370 and 619.993, including but not limited to:

�� (a) The establishment of conditions under which carcasses, meat and meat products of meat animals shall be stored or otherwise handled by any person engaged in buying, selling, freezing, storing, or transporting such articles, so as to assure that such articles will not be adulterated or misbranded when delivered to the consumer.

�� (b) The establishment of requirements for any person engaged in buying, selling or transporting dead, dying, disabled, or diseased meat animals, or parts thereof, to assure that such animals, or the unwholesome meat or meat products thereof, will be prevented from being used for human food.

�� (c) The establishment of minimum standards of quality and wholesomeness, and definitions and standards of identity for meat products. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated by authority of the United States and shall not be inconsistent with the definitions and standards promulgated by such federal authority under the Federal Meat Inspection Act. Such standards of quality and wholesomeness, and definitions and standards of identity shall be applicable to any establishment, retail meat market, grocery store or other place where meat products are prepared, sold, held or offered for sale.

�� (2) In promulgating such rules the department may consider:

�� (a) Meat inspection programs and standards of other states and of the United States;

�� (b) Economic, health and welfare consequences to this state which might result from the production, preparation, handling, sale or consumption of unwholesome meat or meat products;

�� (c) Necessary procedures required to prohibit the sale or consumption of unwholesome meat or meat products; and

�� (d) Minimum standards of refrigeration necessary to protect meat or meat products from spoilage, contamination and disease. [1973 c.174 �9; 1987 c.158 �120b]

�� 619.050 [Repealed by 1973 c.174 �20]

�� 619.051 Prohibited acts. No person shall:

�� (1) Have in the person�s possession for any reason or purpose unwholesome meat or meat products that are not denatured and properly identified;

�� (2) Carry or transport, by vehicle or otherwise, the carcass or meat of any meat animal destined for sale or distribution as food, unless it is thoroughly protected from dust, dirt, flies or other contaminants;

�� (3) Sell, hold or offer for sale any meat product if such meat product is from a meat animal not slaughtered under the auspices of the meat and poultry inspection program of the United States Department of Agriculture if federal regulations have been established for the inspection of the meat animal; or

�� (4) Engage in an activity requiring a license under the provisions of ORS chapter 603 without first procuring such license from the State Department of Agriculture and maintaining it as prescribed in ORS chapter 603. [1973 c.174 �6; 1995 c.26 �1; 2003 c.14 �371]

�� 619.056 Trichinae treatment required for pork products. No food consisting wholly or in part of pork muscle tissue, such as bologna style sausage, Vienna style sausage, frankfurt style sausage, summer sausage, all other similar sausages or pork products, or prepared products containing pork muscle tissue, except a fresh product consisting wholly of pork muscle tissue, shall be kept, offered or exposed for sale as food for human consumption, unless the pork muscle tissue entering into the products has been subjected to any method of treatment of pork or pork products which will destroy trichinae. [1973 c.174 �7]

�� 619.060 [Repealed by 1973 c.174 �20]

�� 619.061 Tagging and identification of meat products by person operating retail sales and custom slaughter or processing establishments. Any person operating a retail meat seller establishment, as defined in ORS chapter 603, in conjunction with a custom slaughtering establishment or custom processing establishment shall mark, tag or identify all individually wrapped packages or containers of meat or meat products slaughtered, wrapped, prepared or handled for the owner of a meat animal, at the time and in the manner deemed necessary by the State Department of Agriculture to protect the people of this state from the purchase or consumption of uninspected meat products. [1973 c.174 �10]

�� 619.066 Labeling of meat products to conform to ORS chapters 616 and 618. The labeling requirements for meat or meat products shall be those prescribed in ORS chapter 616 and the labeling requirements as to weight or measure of meat or meat products shall be those prescribed in ORS chapter 618. [1973 c.174 �11; 1975 c.304 �18]

�� 619.070 [Repealed by 1957 c.104 �21]

�� 619.071 Disposition of moneys received by department. All moneys received by the department pursuant to ORS

ORS 601.080

601.080 shall transport bodies, carcasses or parts of animals to their establishments in a covered wagon, truck bed or tank which is watertight and so constructed that no drippings or seepings can escape therefrom. Such wagon, truck bed or tank shall be so constructed as to conform to the rules and regulations that may be established by the State Department of Agriculture. The bodies, carcasses or parts of animals shall not be removed from such wagon, truck bed or tank except at the place of final disposition.

�� (2) However, any person licensed under ORS 601.050 or 601.080 may, for the purpose of securing economy of handling and transportation, establish a refrigerated assembly plant where whole bodies of dead animals or their carcasses or parts may be placed in storage pending the assembly of an economical quantity for transportation to the central plant. Such assembly plant shall conform to such regulations by the department as shall keep it in sanitary condition. Each such assembly plant shall be subject to an annual license fee of $10.

�� (3) Whole bodies of dead animals, the condition of which has not become obnoxious to human senses, and which cannot be placed in an ordinary wagon, truck bed or tank as described in subsection (1) of this section, may be transported in an open wagon or truck. In such case the body shall be suitably covered and concealed.

�� (4) In the case of transporting offal or parts of bodies from slaughterhouses or other places, the containers in which they are transported must have tight covers and be kept in a sanitary condition.

�� 601.110 Inspection of place of business or conveyance. The State Department of Agriculture shall cause one or more of its officers, employees or deputies to inspect, as often as it may deem advisable, each place or conveyance licensed under ORS 601.050 or 601.080. However, each such place for disposal shall be inspected at least once during each license year. For the purpose of making such inspection, every authorized officer, employee and deputy of the department shall have free access to all premises licensed under such sections.

�� 601.120 Department to administer and enforce disposal provisions; rules and regulations. The State Department of Agriculture shall administer and enforce ORS 601.010 to

ORS 616.683

616.683 and 616.686:

�� (1) �Acidic foods� means bottled, packaged or canned foods that:

�� (a) Have a natural pH level of 4.6 or less;

�� (b) Are lacto-fermented; or

�� (c) Have acidity and water activity levels that meet the acidity and water activity standards of acidified foods as defined in 21 C.F.R. 114.3.

�� (2) �Agricultural producer� means a farmer, rancher or other person primarily responsible for the growing, raising and harvesting of agricultural products to a point at which the products are ready for direct sale.

�� (3) �Commingled� means that the agricultural products of more than one agricultural producer are mixed, pooled or otherwise combined prior to the sale of the products.

�� (4) �Consignment� means an agreement under which an agricultural producer sells to the retail purchaser the agricultural products of another agricultural producer that is located in the same county as the agricultural producer, or in any county adjoining a county in which the agricultural producer is located, without representing that the products were grown or raised by the seller.

�� (5) �Farm direct marketer� means an agricultural producer that sells directly to the retail purchaser the agricultural products grown, raised and harvested by that producer.

�� (6) �Producer-processed products� means foods:

�� (a) For which the principal ingredients are agricultural products grown, raised and harvested by the same agricultural producer that bottles, packages or cans the food; and

�� (b) For which ingredients other than principal ingredients are limited to herbs, spices, salt, vinegar, pectin, lemon or lime juice, honey and sugar. [2011 c.288 �1]

�� Note: 616.680, 616.683 and 616.686 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 616 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 616.683 Regulatory exemption for sales location and farm direct marketer of certain agricultural products; rules. (1) Except as provided in subsection (8) of this section, the following are not subject to ORS 616.695 to 616.755:

�� (a) The use of space by a farm direct marketer for the sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section by the farm direct marketer.

�� (b) The sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section by a farm direct marketer.

�� (c) The storage or preparation of agricultural products identified for sale by a farm direct marketer.

�� (2) Subsection (1) of this section applies to farm direct marketer sales, and consignment sales, of the following types of agricultural products:

�� (a) Fresh fruit, vegetables and herbs.

�� (b) Fruit, vegetables and herbs, if those items are cured or dried by the agricultural producer as part of routine post-harvest handling.

�� (c) Dried or freeze-dried fruits, vegetables and herbs for which drying is not part of routine post-harvest handling, or herbal tea or a blend of dried herbs, if:

�� (A) The principal ingredients are grown by the agricultural producer; and

�� (B) The product is labeled with a list of ingredients and the name and address of the agricultural producer.

�� (d) Shelled nuts and unshelled nuts, if those items are cured or dried by the agricultural producer as part of routine post-harvest handling.

�� (e) Fruit-based syrups, preserves, jams, fruits and vegetables, and fruit and vegetable juices, if those items are:

�� (A) Producer-processed products;

�� (B) Acidic foods;

�� (C) Labeled with a list of ingredients and the name and address of the agricultural producer; and

�� (D) Bottled, packaged, water-bath canned or steam canned by an agricultural producer that during the preceding calendar year had annual sales of fruit-based syrups, preserves and jams, fruits and vegetables, and fruit and vegetable juices, described in subparagraphs (A) to (C) of this paragraph that in total did not exceed $50,000.

�� (f) Shell eggs.

�� (g) Honey, if not combined with other food ingredients.

�� (h) Olive oil.

�� (i) Whole, hulled, crushed or ground grains, legumes and seeds, if of a type customarily cooked before consumption.

�� (j) Parched or roasted grains, if of a type customarily cooked before consumption.

�� (k) Tree-sap-based solid sugar, cream and liquid syrup products that are made by heating sap from trees of the genuses Acer or Juglans and have a solids content of not less than 66 percent by weight, or 66 degrees Brix, and to which nothing has been added.

�� (L) Popcorn, nuts, peppers and corn on the cob, if those items are roasted at the place of purchase by the agricultural producer after purchase and not sold for immediate consumption.

�� (m) Products identified by the State Department of Agriculture by rule.

�� (3) Subsection (1) of this section does not apply to foods that have been commingled.

�� (4) Title to agricultural products sold on consignment remains with the consigning agricultural producer until the products are sold to consumers. Agricultural products sold on consignment must be clearly and conspicuously labeled with the name and business address of the consigning agricultural producer.

�� (5) Subsection (1) of this section applies to Internet sales of agricultural products described in subsection (2) of this section by a farm direct marketer, as long as the Internet sales:

�� (a) Are to persons within this state; or

�� (b) Comply with any applicable federal requirements concerning interstate sales of agricultural products.

�� (6) A farm direct marketer may contract with a third party for delivery, marketing or other facilitation of sales of agricultural products described in subsection (2) of this section, subject to the provisions of this section and any rules adopted under ORS 616.686.

�� (7)(a) In addition to any other required labeling, agricultural products described in subsections (2)(e) to (k) of this section shall bear on the label a statement informing consumers that the product is not prepared in an inspected food establishment. Except as provided in paragraph (b) of this subsection, the required wording for the label statement is: �This product is homemade and is not prepared in an inspected food establishment.�

�� (b) The department may adopt rules specifying alternative wording for the label statement required under paragraph (a) of this subsection to the extent that the alternative wording is necessary in order to comply with federal requirements.

�� (8) The department may require that a farm direct marketer or the space used by the farm direct marketer be licensed under ORS 616.695 to 616.755, if the farm direct marketer or the person in control of the space used by the farm direct marketer refuses to comply with a department rule adopted under ORS 616.686 or

ORS 618.995

618.995�� Civil penalties

GENERAL PROVISIONS

�� 618.010 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Advertising� or �advertisement� means any public notice or announcement of commodities for sale, services to be performed, equipment or facilities for hire, or any other thing offered to the public, via publishing or broadcasting media or by signs, banners, posters, handbills, labels or similar devices, for the purpose of inducing, directly or indirectly, the purchase or use of such commodities, services, equipment or facilities.

�� (2) �Commercial� or �commercially used� means any application or use in connection with or related to transactions in which, in exchange for commodities received or services rendered, consideration is given in terms of currency, negotiable instruments, credit, merchandise or any other thing of value.

�� (3) �Commodity� means any merchandise, product or substance produced or distributed for sale to, or use by, others.

�� (4) �Commodity in bulk form� means any quantity of a commodity that is not a commodity in package form.

�� (5) �Commodity in package form� means any quantity of a commodity put up or packaged in any manner in advance of sale, in units suitable for either wholesale or retail sale by weight, volume, measure or count, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of ORS 618.010 to 618.246. An individual item or lot of any commodity not in package form as defined in this subsection, but on which there is marked a selling price based on an established price per unit of weight or of measure, is a commodity in package form.

�� (6) �Department� means the State Department of Agriculture.

�� (7) �Director� means the Director of Agriculture.

�� (8) �Inspector� means any state officer or employee designated by the director as a supervisor of, or an inspector of, weights and measures.

�� (9) �Intrastate commerce� means any and all commerce or trade begun, carried on and completed wholly within the limits of this state.

�� (10) �Introduced into intrastate commerce� means the time and place at which the first sale and delivery of a commodity is made within this state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

�� (11) �Liquid-fuel measuring device� means any meter, pump, tank, gage or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low-viscosity heating oil.

�� (12) �National Institute of Standards and Technology� means the National Institute of Standards and Technology of the Department of Commerce of the United States.

�� (13) �Sale� and �sell� include barter and exchange.

�� (14) �Security seal� means a lead-and-wire seal, or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.

�� (15) �Vehicle� means any wheeled conveyance in, upon or by which any property, livestock or commodity is or may be transported or drawn, but does not include railroad rolling stock.

�� (16) �Weighing device� means any scale, balance or apparatus used for gravimetrically determining the quantity of any commodity on a discrete or continuous basis.

�� (17) �Weights and measures� means all weights and measures, instruments and devices of every kind for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. However, �weights and measures� does not include meters for the measurement of electricity, gas or water when operated in a system of a public utility, as that term is defined in ORS

ORS 621.096

621.096 or 621.261. [1953 c.686 �4; 1999 c.197 �26]

�� 621.175 [Repealed by 1953 c.686 �37]

DISEASE AND CONTAMINATION PREVENTION

�� 621.176 Standards of construction for plants and facilities. To ensure that the handling and processing of milk, fluid milk and dairy products is conducted in a sanitary environment, the State Department of Agriculture shall prescribe minimum standards of construction for dairy products plants and physical facilities of a distributor or producer-distributor, including but not limited to standards for:

�� (1) Floors, walls, ceilings.

�� (2) Doors and windows.

�� (3) Lighting and ventilation.

�� (4) Toilet and lavatory facilities.

�� (5) Water supply.

�� (6) Separation and partitioning of rooms for carrying on the several handling, processing and storage functions. [1953 c.686 �5; 1999 c.197 �27]

�� 621.180 [Repealed by 1953 c.686 �37]

�� 621.181 Standards of sanitation for operation of plants and facilities. The State Department of Agriculture shall prescribe minimum standards of sanitation for the operation of dairy products plants and physical facilities of a distributor or producer-distributor including, but not limited to, standards for the:

�� (1) Washing, cleaning, maintenance and condition of floors, walls and ceilings of all rooms directly connected with the handling, processing and storage of dairy products, fluid milk or milk, and the equipment used therein, including bulk tank trucks and other mobile equipment used in the transportation of milk or cream from farm to plant or between plants.

�� (2) Health and cleanliness of personnel.

�� (3) Cleanliness and sanitation of surrounding premises.

�� (4) Disposal of all waste and sewage material.

�� (5) Control of insects and rodents.

�� (6) Construction, cleaning and sanitizing of utensils, containers and equipment used in direct contact with dairy products, fluid milk or milk. [1953 c.686 �6; 1999 c.197 �28]

�� 621.183 Prohibition against operating plant or facility that does not meet standards. A person shall not operate a dairy products plant or a physical facility of a distributor or producer-distributor that fails to conform to the standards prescribed pursuant to ORS 621.176 and

ORS 622.080

622.080, for enforcement of the provisions of ORS 622.010 to 622.180. [1993 c.720 �7b]

�� 622.180 Powers of department; rules; inspections; samples; condemnation. For the protection of the public health, the State Department of Agriculture shall have the following powers and all powers necessary and proper to insure sanitary conditions in the production and distribution of shellfish:

�� (1) The department shall have power to make rules necessary to enforce the provisions of this chapter. These rules shall at least include the water quality of growing areas, quality of market shellfish, water supply, sewage and waste disposal, drainage, plumbing, building construction, boat and barge sanitation, the handling, storage, construction and maintenance of equipment, lighting and ventilation, insect and rodent control, garbage and refuse disposal, shell disposal, cleanliness of premises, handling, storage and refrigeration of shellfish and the marking of certificate numbers and dating codes on all containers. The department also, by rule, may add to the definition of shellfish, and subject to regulation under ORS 622.010 to 622.180, any aquatic animals regulated as shellfish under the federal National Shellfish Sanitation Program.

�� (2) The department shall have power:

�� (a) To inspect any dealer in every phase and locale of operation.

�� (b) To take samples of any shellfish for bacteriological and toxicity study.

�� (c) To condemn or remove from sale and destroy any shellfish which are unfit for human consumption, or are from an uncertified source, or are improperly certified.

�� (d) To issue certificates of shellfish sanitation in accordance with the provisions of this chapter. [1955 c.331 �2; 1973 c.508 �11; 1995 c.25 �2]

OYSTERS, CLAMS AND MUSSELS

�� 622.210 Department defined. As used in ORS 622.210 to 622.360, �department� means the State Department of Agriculture. [1981 c.638 �2; 1997 c.375 �1]

�� 622.220 Jurisdiction; rules; violations. (1) The commercial cultivation of oysters, clams and mussels is declared to be an agricultural activity subject to the regulatory authority of the State Department of Agriculture. The department shall be the lead agency responsible for state administration of programs and policies relating to the commercial cultivation of oysters, clams and mussels.

�� (2)(a) The State Fish and Wildlife Commission has jurisdiction over all native oysters, clams and mussels in the waters of this state, but not cultivated oysters, clams and mussels in plats. The commission shall prescribe such rules for the protection of native oysters, clams and mussels and for the taking of native oysters and oyster spat shells subject to the commission�s jurisdiction as in the judgment of the commission is for the best interests of the resource.

�� (b) It is unlawful for any person to take native oysters, clams and mussels in violation of the rules adopted by the commission. [Formerly 509.425; 1997 c.375 �2; 2005 c.22 �436; 2017 c.711 �1]

�� 622.230 Conversion of plantations to plats; fees. All plats, rights, claims and plantations, and leases lawfully held for such plats, rights, claims and plantations that exist upon the passage of this 1969 Act shall be converted to plats, shall be filed with the State Department of Agriculture by July 1, 1970, and shall:

�� (1) Include a legal description of the area applied for, specifying its acreage.

�� (2) Be accompanied by a map sufficient to permit the area applied for to be readily identified.

�� (3) Be accompanied by an application fee of $25 per plat. [Formerly 509.427; 2005 c.22 �437]

�� Note: Legislative Counsel made no substitution in 622.230 for �the passage of this 1969 Act.�

�� 622.240 Classifying lands for cultivation. The State Department of Agriculture shall investigate and classify those state lands that are suitable for oyster, clam or mussel cultivation. The department shall consult with appropriate local, state and federal agencies to determine whether lands proposed by an applicant for oyster, clam and mussel cultivation are suitable for such shellfish cultivation. [Formerly 509.429; 1997 c.375 �3]

�� 622.243 Water quality pilot project. (1) The State Department of Agriculture shall conduct a pilot project for increasing the frequency of water quality monitoring and analysis related to the closure and opening of shellfish harvesting on state lands classified as suitable for oyster, clam or mussel cultivation under ORS 622.240.

�� (2) In conducting the pilot project required by this section, the State Department of Agriculture shall consult with appropriate local and state agencies, representatives of the commercial shellfish industry and nongovernmental organizations, as necessary, to:

�� (a) Prioritize increasing water quality monitoring and analysis in areas where efforts for enhancing opportunities for the commercial cultivation of oysters, clams or mussels are in the highest demand; and

�� (b) Identify cost-effective methods, which may include the sharing of resources or information, for increasing the frequency of water quality monitoring and analysis related to the closure and opening of shellfish harvesting. [2017 c.711 �3]

�� Note: 622.243 and 622.246 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 622 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 622.246 Purpose of water quality monitoring and analysis. The Legislative Assembly finds and declares that it is the purpose of the pilot program established by ORS 622.243 to expand on the valuable work completed through the pilot project by the State Department of Agriculture authorized under section 7, chapter 814, Oregon Laws 2015, to increase the frequency of water quality monitoring and analysis related to the closure and opening of shellfish harvesting in Tillamook Bay. [2017 c.711 �2]

�� Note: See note under 622.243.

�� 622.248 Preapplication conferences. (1) A prospective applicant for the cultivation of oysters, clams or mussels shall, no later than 30 days prior to filing an application under ORS 622.250, participate in a preapplication conference with the State Department of Agriculture and other appropriate local, state and federal agencies.

�� (2) Not less than 14 days before the preapplication conference, the prospective applicant must provide the department with adequate information to prepare for the preapplication conference.

�� (3) At the preapplication conference, the department and other appropriate local, state and federal agencies shall:

�� (a) Inform the prospective applicant of statutes, administrative rules, local ordinances and any other requirements that may apply to the application;

�� (b) Based on the information provided by the prospective applicant and other annual production data and information available to the department, discuss with the prospective applicant projected revenue data and related matters; and

�� (c) Assist the prospective applicant by identifying known issues that may affect the likelihood that the prospective applicant will be able to meet any conditions placed on required permits from state agencies and local governments.

�� (4) The prospective applicant may request additional preapplication consultation with the department. [2019 c.654 �4]

Note: 622.248 was added to and made a part of 622.210 to 622.360 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 622.250 Application for new plats; fee; notice. (1) Applicants for new oyster plats, in addition to submitting an application in compliance with ORS 622.230 (1) and (2) and the submission of a fee of $250 per plat, shall cause notice of the application to be published once a week for two consecutive weeks in a newspaper of general circulation in each county where any area applied for, or any part thereof, is located. The notice must state the name of the applicant and the type of operation the applicant proposes to conduct and must describe the area to be planted with oysters.

�� (2) Not later than the 90th day after publication of the notice referred to in subsection (1) of this section, and upon finding that the notice complied with the requirements of subsection (1) of this section, the State Department of Agriculture may grant to the applicant the area applied for if the area is known to be available and if the department has classified the area as suitable for oyster cultivation.

�� (3) If the application referred to in this section is denied, the department shall provide the applicant with a written statement explaining the reason for the denial.

�� (4) Any person who holds an oyster plantation claim or plat that was in effect on June 1, 1997, may submit to the department an application to cultivate clams or mussels on not more than 20 percent of the lands subject to the claim or plat, but not less than one acre. Any such application must be in compliance with ORS 622.230 (1) and (2) and be accompanied by a fee of $250 for each such claim or plantation. [Formerly 509.431; 1997 c.249 �189; 1997 c.375 �4; 2005 c.22 �438]

�� 622.260 Copies of laws to be available. The State Department of Agriculture shall cause copies of the provisions of ORS

ORS 624.120

624.120]

�� 624.030 [Amended by 1957 c.672 �3; 1973 c.825 �3; 1981 c.650 �1; repealed by 1983 c.533 �5]

�� 624.032 [1987 c.226 �3; renumbered 624.046 in 2007]

�� 624.035 [1985 c.247 �2; renumbered 624.116 in 2007]

�� 624.036 Exemption of confection operations from license requirements; rules. When the Oregon Health Authority determines that public health hazards are nonexistent, the authority may, by rule, exempt certain types of confection operations from the license requirements of ORS 624.010 to 624.121. [Formerly 624.027; 2009 c.595 �1001]

�� 624.038 Exemptions from requirements of ORS 624.010 to 624.121. The following are not subject to the requirements established under ORS 624.010 to 624.121 for restaurants, intermittent temporary restaurants, seasonal temporary restaurants or single-event temporary restaurants:

�� (1) An establishment where food is prepared and served by a fraternal, social or religious organization only to its own members and guests.

�� (2) An approved school lunchroom where:

�� (a) Food is prepared and served for school and community activities; and

�� (b) The food preparation and service are under the direction of the school lunchroom supervisor.

�� (3) A food product promotion where only samples of a food or foods are offered to demonstrate the characteristics of the food product. For the purposes of this subsection, a sample may not include a meal, an individual hot dish or a whole sandwich.

�� (4) A private residence, or part of a private residence, including the grounds, areas and facilities held out for the use of the occupants generally, for which a temporary sales license is issued under ORS 471.190 for a period not exceeding one day. [2011 c.664 �4]

�� 624.040 [Amended by 1953 c.177 �8; 1973 c.825 �4; repealed by 1983 c.533 �5]

�� 624.041 Rules. The Oregon Health Authority shall make all rules necessary for the enforcement of ORS 624.010 to 624.121, including such rules concerning the construction and operation of restaurants, bed and breakfast facilities, intermittent temporary restaurants, seasonal temporary restaurants and single-event temporary restaurants as are reasonably necessary to protect the public health of persons using these facilities. The rules shall provide for, but need not be restricted to, the following:

�� (1) A water supply adequate in quantity and safe for human consumption.

�� (2) Disposal of sewage, refuse and other wastes in a manner that will not create a nuisance or a health hazard.

�� (3) The cleanliness and accessibility of toilets and handwashing facilities.

�� (4) The cleanliness of the premises.

�� (5) The refrigeration of perishable foods.

�� (6) The storage of food for protection against dust, dirt and contamination.

�� (7) Equipment of proper construction and cleanliness of such equipment.

�� (8) The control of insects and rodents.

�� (9) The cleanliness and grooming of food workers.

�� (10) Exclusion of unauthorized persons from food preparation and storage areas.

�� (11) Review of proposed plans for the construction or remodeling of facilities subject to licensing under this chapter. [Formerly 624.100; 2009 c.595 �1002; 2011 c.664 �6]

�� 624.045 [1985 c.701 �3; 2003 c.309 �10; 2003 c.547 �115; renumbered 624.121 in 2007]

�� 624.046 Bed and breakfast facility regulation. (1) The Oregon Health Authority shall allow a bed and breakfast facility to conduct food service operations for its patrons in rooms used by the owner or operator if the rooms in which food service operations are conducted:

�� (a) Are not used as sleeping quarters; and

�� (b) Are off-limits during meal hours to individuals not employed by the bed and breakfast facility.

�� (2) Except as provided in ORS 215.452 or 215.453, meal service in a bed and breakfast facility is limited to the preparation and service of breakfast. [Formerly

ORS 628.240

628.240 upon finding, after a hearing had in conformance with ORS chapter 183, that:

�� (1) The licensee has violated any provision of ORS 628.210 to 628.370 or any other law of Oregon relating to the operation of refrigerated locker plants or frozen food storage plants or the handling or sale of any food for human consumption or has violated any rule or regulation promulgated by the department.

�� (2) The building, room, basement or cellar occupied by the refrigerated locker plant is not properly lighted, drained, plumbed, ventilated and maintained in a clean, healthful and sanitary condition.

�� (3) The floors, walls or ceilings of the refrigerated locker plant or the furniture, receptacles, implements or machinery used in the locker plant are not maintained in a clean, healthful and sanitary condition. [Amended by 1961 c.425 �15]

�� 628.260 Furnishing copies of law to applicants for licenses; posting copy. Two copies of ORS 628.210 to

ORS 628.370

628.370 and 628.990 (2) shall be furnished each applicant for a license. One copy shall be posted in a conspicuous place in the plant operated by the licensee.

�� 628.270 Prohibition against employees with communicable disease in plant; health certificate; rules. (1) The Oregon Health Authority may, by rule, define certain communicable diseases which may be spread to the public through the handling of food in refrigerated locker plants.

�� (2) A person who has a communicable or infectious disease described in subsection (1) of this section may not be permitted to work in or about any refrigerated locker plant or to handle any food in connection with the operation of such plant.

�� (3) In the discretion of the State Department of Agriculture, an employee of a locker plant may be required to furnish a certificate of health from a physician, naturopathic physician, physician associate or nurse practitioner duly accredited by the authority for the purpose of issuing such certificates. If such certificate is required under municipal ordinance upon examination deemed adequate by the authority, a certificate issued in compliance with such ordinance is sufficient under this section.

�� (4) Any health certificate required by this section shall be revoked by the authority at any time that the holder thereof is found, upon physical examination of such holder, to have any communicable or infectious disease. Refusal of any person employed in such locker plant to submit to proper and reasonable physical examination, upon written demand by the authority or the department, is cause for revocation of the employee�s health certificate and also is sufficient reason for revocation of the locker plant�s license unless the employee immediately is removed from any work or operation in or about such locker plant involving the handling of food. [Amended by 1973 c.829 �56; 1989 c.224 �122; 2009 c.595 �1039; 2014 c.45 �71; 2017 c.356 �81; 2024 c.73 �109]

�� 628.280 Inspection of plants; maintenance in sanitary condition. The State Department of Agriculture shall cause a thorough inspection of every plant or establishment licensed under ORS 628.220 to 628.240 to be made periodically, to determine whether or not the premises and equipment used in connection therewith are constructed, maintained and operated in accordance with the requirements of ORS 628.210 to 628.370 and with the rules and regulations of the department thereunder promulgated. Such locker plants shall be maintained in a clean, healthful and sanitary condition at all times.

�� 628.290 Sanitary and safety requirements. (1) Each refrigerated locker plant wherein food is handled, wrapped or processed shall have available, and maintain in a clean, healthful and sanitary condition, a washroom with hot and cold running water.

�� (2) Each refrigerated room with a temperature below 30 degrees Fahrenheit, if used by the public or accessible to locker renters, shall be equipped with safety light or lights burning continuously during all times when the plant is open and so located as to assure easy exit from the refrigerated room. Switches for safety lights shall be so located or installed that the public cannot regulate their �on� and �off� positions.

�� (3) Each refrigerated room with a temperature below 12 degrees Fahrenheit, if used by the public or accessible to locker renters, shall be equipped with a distress signal, plainly marked as such for use by patrons. The distress signal alarm may be located at a place outside the locker plant. The refrigerated room shall be accessible to the public only at such times as an attendant is within hearing distance of the distress signal alarm. The distress signal when activated shall perform continuously until arrested by a second operation. The distress signal shall produce a distinctive sound capable of being heard and distinguished by an attendant from any other signal. The operator of the locker room or the employee of the operator shall test the distress signal on each day on which the public has access to the refrigerated room.

�� (4) Subsection (3) of this section does not apply if an operating extension telephone, plainly marked for use by patrons as a distress signal, is located inside the refrigerated room at a convenient height not to exceed four feet above floor level.

�� (5) All refrigerator doors shall be so constructed as to be opened from either the inside or outside of any room or compartment to which they give access, and shall be so maintained as to assure that such doors will open freely at all times.

�� (6) All machinery or other devices dangerous to the public shall be adequately covered and guarded to protect locker room tenants against injury. [Amended by 1955 c.174 �2]

�� 628.300 Maintaining uniform temperatures; records. (1) The refrigeration system of a refrigerated locker plant shall be equipped with accurate controls for the maintenance of uniform temperatures as required in this section in the various refrigerated rooms of such plant and shall be of adequate capacity to provide under extreme conditions of outside temperatures and under peak load conditions in the normal operation of such plant, the following temperatures in the following rooms respectively:

�� (a) Chill room temperature shall be within four degrees Fahrenheit plus or minus of 36 degrees above zero Fahrenheit, with a tolerance of 10 degrees Fahrenheit for 24 hours after fresh food is put in such room for chilling.

�� (b) In all locker plants operating on July 5, 1947, the locker room temperature shall not exceed 12 degrees Fahrenheit plus. In all locker plants, the construction of which is begun after July 5, 1947, the locker room temperature shall not exceed five degrees Fahrenheit plus.

�� (2) The temperatures required by subsection (1) of this section shall not be construed as prohibiting variations therefrom due to defrosting, power failure or any emergency breakdown.

�� (3) An accurate direct reading thermometer shall be maintained in the chill room. An accurate self-registering or self-recording thermometer shall be maintained in each locker room or in each series of rooms through which the same air circulates. The discs or other temperature records made by such instruments shall be signed by the person in charge of the plant and shall be preserved at such plant for at least one year from the date of recording. Such temperature-recording equipment and the recordings thereby made, are subject to inspection and testing by the State Department of Agriculture to determine their accuracy.

�� 628.310 Use of nontoxic marking. In applying marks directly to meat or other food products, the operator of a refrigerated locker room shall use only nontoxic ink or other harmless substance.

�� 628.320 Inspection of food; storage outside lockers. The operator or person in charge of a refrigerated locker room shall have the right to inspect all food or any item before it is placed in any locker. Nothing shall be stored outside of the lockers in a locker room without being labeled and wrapped or otherwise properly covered.

�� 628.330 Fresh meats, identification and chilling. All fresh carcass meats on coming into custody or possession of the operator or owner of a refrigerated locker plant shall be identified with suitable tag or stamp and shall be placed in the chill room, unless previously chilled, for at least 24 hours before removal to the cutting room.

�� 628.340 Fish and wild game. All fish shall be so handled, placed and stored as to protect other stored foods and the plant equipment from fish flavors and fish odors. Fish and wild game shall be stored and handled only in conformity with fish and game laws of this state and regulations thereunder promulgated. Owners, operators or persons in charge of refrigerated locker plants shall not be held responsible or liable for violations of such laws and regulations by locker tenants.

�� 628.350 Rules and regulations. The State Department of Agriculture may make and enforce reasonable rules and regulations to carry out the provisions of ORS 628.210 to 628.370.

�� 628.360 Owners and operators of locker plants not warehousemen. Persons who own or operate refrigerated locker plants shall not be deemed to be warehousemen, nor shall receipts or other instruments issued by such persons in the ordinary conduct of their business be deemed to be negotiable warehouse receipts.

�� 628.370 Jurisdiction and prosecution of violations of ORS 628.210 to 628.370. Justice courts shall have concurrent jurisdiction with the circuit court of all prosecutions arising under ORS 628.210 to 628.370. The district attorney may institute prosecutions for violations of ORS 628.210 to 628.370 by information, or the prosecutions may be instituted by indictment or complaint verified before any magistrate.

�� 628.380 [Amended by 1979 c.499 �27; repealed by 1987 c.905 �37]

�� 628.990 Criminal penalties. Violation of ORS 628.210 to 628.370 is a Class A misdemeanor. [Amended by 1953 c.114 �2; 2011 c.597 �254]

�� 628.995 Civil penalties; rules; hearing; disposition of moneys. (1) In addition to any penalty available under ORS 561.190 or 628.990, the State Department of Agriculture may impose a civil penalty for a violation of ORS 628.210 to 628.370 or of rules or regulations adopted under ORS 628.210 to 628.370. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.

�� (2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.

�� (3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.

�� (4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 �22]

CHAPTERS 629 TO 631

�[Reserved for expansion]

ORS 628.995

628.995�� Civil penalties; rules; hearing; disposition of moneys

�� 628.010 [Repealed by 1953 c.114 �2]

�� 628.020 [Repealed by 1953 c.114 �2]

�� 628.030 [Repealed by 1953 c.114 �2]

�� 628.040 [Repealed by 1953 c.114 �2]

�� 628.050 [Repealed by 1953 c.114 �2]

�� 628.060 [Repealed by 1953 c.114 �2]

�� 628.070 [Repealed by 1953 c.114 �2]

�� 628.080 [Repealed by 1953 c.114 �2]

�� 628.210 Definitions for ORS 628.210 to 628.370. As used in ORS 628.210 to 628.370, unless the context requires otherwise:

�� (1) �Clean,� �healthful� and �sanitary� mean free of flies and other insects, rodents, dusts, dirt, decomposed material, mold, odors or any condition which would in any way contaminate the food products stored.

�� (2) �Department� means the State Department of Agriculture.

�� (3) �Person� includes any individual, partnership, corporation, association, cooperative association, county, municipality or other entity engaging in the business of operating or owning a refrigerated locker plant or offering the services thereof, as described in subsections (4) and (5) of this section.

�� (4) �Refrigerated locker� or �locker� means a separate, individual compartment in a refrigerated locker plant, wherein food may be placed and kept in frozen food storage.

�� (5) �Refrigerated locker plant� or �locker plant� means any place, premises or establishment in which separate and individual compartments for the frozen food storage and preservation of food for human consumption are offered to the public upon a rental or other basis providing compensation to the person offering such services.

�� 628.220 License required for locker plant business. No person shall engage within this state in the business of owning or operating any refrigerated locker plant or offering the services of such plant without having obtained from the State Department of Agriculture a license for each such place of business. The licensee shall at all times maintain the license conspicuously displayed in the licensed plant.

�� 628.230 Application for and issuance of license; rules. Application for the license required by ORS 628.220 shall be made to the State Department of Agriculture in writing containing such information and in such form as may be prescribed by the department. The license is not transferable and does not authorize the conduct of any refrigerated locker business at any address other than that stated in the application. Licenses shall be issued for the fiscal year commencing on July 1 and ending on June 30 next following or for such period as may be specified by department rule. [Amended by 2007 c.768 �33]

�� 628.240 License fees; disposition; rules. (1) An applicant for a refrigerated locker plant license shall pay a license fee to the State Department of Agriculture. The department may adopt rules establishing a license fee for a refrigerated locker plant. The department may not adopt or enforce a rule under this section establishing a license fee for a refrigerated locker plant that is higher than the license fee charged for the license year that began July 1, 2025, for a refrigerated locker plant. The department may not change the amount of the refrigerated locker plant license fee more frequently than once each year.

�� (2) If the license is issued after January 1 but before June 30 of the same year, the license fee shall be one-half of the fee established by the department by rule under subsection (1) of this section.

�� (3) All fees received by the department under ORS 628.210 to 628.370 shall be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department for the purpose of administering and enforcing those sections. [Amended by 1955 c.174 �1; 1979 c.183 �3; 1979 c.499 �26a; 1991 c.632 �7; 2012 c.64 ��13,42; 2019 c.386 �7]

�� Note: The amendments to 628.240 by section 42, chapter 64, Oregon Laws 2012, become operative July 1, 2026. See section 45, chapter 64, Oregon Laws 2012, as amended by section 10, chapter 386, Oregon Laws 2019, and section 1, chapter 440, Oregon Laws 2025. The text that is operative until July 1, 2026, is set forth for the user�s convenience.

�� 628.240. (1) An applicant for a refrigerated locker plant license shall pay a license fee to the State Department of Agriculture. The department may adopt rules establishing a license fee for a refrigerated locker plant. Except as provided in this subsection, the department may not adopt a rule under this section to establish a license fee that is more than three percent higher than the fee charged during the preceding year. When adopting a rule establishing a license fee, notwithstanding the three percent limit, the department may round the fee amount to the next higher whole dollar amount. The department may not change the amount of the refrigerated locker plant license fee more frequently than once each year.

�� 628.250 Refusal, revocation or suspension of licenses. The State Department of Agriculture, acting through the Director of Agriculture or the division chief of the department in charge of the inspection of refrigerated locker plants, may refuse, revoke or suspend any license issued pursuant to ORS 628.220 to

ORS 634.750

634.750. [2009 c.501 �9]

�� 634.720 Plan coordinators. (1) The governing body shall provide for the designation of one or more persons as integrated pest management plan coordinators for the governed schools. A plan coordinator must be an employee of the governed district, unit, school or entity, unless the governing body delegates pest management duties to an independent contractor. Each school shall have the services of at least one integrated pest management plan coordinator. A plan coordinator may serve more than one school. The responsibilities of the plan coordinator shall include, but need not be limited to:

�� (a) Giving notice and posting warnings under ORS 634.740;

�� (b) Overseeing pest prevention efforts;

�� (c) Providing for the identification and evaluation of pest situations;

�� (d) Determining the means of appropriately managing pest damage that will cause the least possible hazard to people, property and the environment;

�� (e) Ensuring the proper and lawful performance of pesticide applications;

�� (f) Evaluating pest management results; and

�� (g) Keeping records as required by ORS 634.750.

�� (2) A plan coordinator shall complete not less than six hours of training each year. The training shall include at least a general review of integrated pest management principles and the requirements of ORS 634.700 to 634.750. [2009 c.501 �4]

�� 634.725 Application of low-impact pesticide. If a school has followed the integrated pest management plan and nonchemical pest control measures were ineffective, subject to ORS 634.730 the integrated pest management plan coordinator may authorize the application of a low-impact pesticide. The low-impact pesticide application must be made by a pesticide applicator, a noncommercial pesticide applicator or a public applicator. The use of a pesticide applicator, noncommercial pesticide applicator or public applicator to make an application does not cancel, alter or reassign any of the duties imposed under ORS 634.740 or 634.750. [2009 c.501 �5; 2022 c.53 �10]

�� 634.728 Pesticides used at community colleges for research or instruction. ORS 634.700 to 634.750 do not limit or prohibit the use of pesticides at a community college for purposes of scientific research or academic instruction. [2013 c.241 �2]

�� 634.730 Reentry into sprayed area; exception; declaration of pest emergency. (1) Subject to subsection (2) of this section:

�� (a) If the labeling of a pesticide product specifies a reentry time, a pesticide may not be applied to an area of a campus where the school expects students to be present before expiration of that reentry time.

�� (b) If the labeling of a pesticide product does not specify a reentry time, a pesticide may not be applied to an area of a campus where the school expects students to be present before expiration of a reentry time that the integrated pest management plan coordinator determines to be appropriate based on the times at which students would normally be expected to be in the area, area ventilation and whether the area will be cleaned before students are present.

�� (2)(a) The application restrictions described in subsection (1) of this section do not apply if the pesticide is applied outdoors by a pesticide applicator, a noncommercial pesticide applicator or a public applicator as a component of academic instruction in agriculture.

�� (b) The application restrictions described in subsection (1)(b) of this section do not apply if the integrated pest management plan coordinator declares a pest emergency under subsection (3) of this section.

�� (3) An integrated pest management plan coordinator, after consultation with school faculty and administration, may declare the existence of a pest emergency. If necessary, a pesticide other than a low-impact pesticide may be used to mitigate a declared pest emergency. If a pesticide is applied at a campus due to a pest emergency, the plan coordinator shall review the integrated pest management plan to determine whether modification of the plan might prevent future pest emergencies. The plan coordinator shall submit any recommendations for modification of the plan to the governing body. The governing body shall review and take formal action on the recommendations. [2009 c.501 �6; 2022 c.53 �11]

�� 634.740 Written notice requirements; warning signs; failure to notify or warn. (1) The governing body responsible for a school shall adopt policies and processes for ensuring that the integrated pest management plan coordinator for the school, or a designee of the coordinator, gives written notice of a proposed pesticide application at the campus to, at a minimum, parents and guardians of minor students, adult students, school administrators, faculty members and staff members. The plan coordinator or designee may give a written notice described in this subsection by any reasonable means, including but not limited to, electronic mail.

�� (2) In adopting policies and processes under subsection (1) of this section, the governing body shall consider the age of the students attending the school and consider which methods for transmitting notice are most likely to reach the intended recipients.

�� (3) Except as provided in this subsection, the plan coordinator or designee must give a pesticide application notice in a manner reasonably calculated to reach the intended recipient at least 24 hours before the pesticide application occurs. A notice must identify the name, trademark or type of pesticide products, the registration number assigned to each of the pesticide products, the expected area of application, the expected date of application and the reason for the application. If a pest emergency makes it impracticable to give a pesticide application notice at least 24 hours before the pesticide application occurs, the plan coordinator or designee shall send the notice no later than 24 hours after the application occurs.

�� (4) Except as provided in this subsection, if a pesticide is applied at a campus, the plan coordinator or a designee of the coordinator shall place warning signs around pesticide application areas beginning no later than 24 hours before the application occurs and ending no earlier than 72 hours after the application occurs. A warning sign must bear the words �Warning: pesticide-treated area,� give the expected or actual date and time for the application and provide the telephone number of a contact person. If a pest emergency makes it impracticable to place the warning signs at least 24 hours before the pesticide application, the plan coordinator or designee shall place the signs as soon as practicable but no later than at the time the application occurs.

�� (5) Failure to give notice or post warnings as required by this section does not create a cause of action for damages and may not be asserted as the basis for a per se negligence claim. [2009 c.501 �7]

�� 634.750 Pesticide application records. (1) If a pesticide is applied at a campus, the integrated pest management plan coordinator or a designee of the coordinator shall place the labeling information and material data safety sheet for the pesticide on file at a school on the campus. The plan coordinator or designee shall record and make available the following information:

�� (a) The brand name or trademark of the pesticide product;

�� (b) The United States Environmental Protection Agency registration number assigned to the pesticide product;

�� (c) The pest condition that prompted the application;

�� (d) A description of the area on campus where the application occurred;

�� (e) The approximate amount and concentration of pesticide product applied;

�� (f) The type of application and whether the application proved effective;

�� (g) The pesticide applicator, noncommercial pesticide applicator or public applicator license numbers and pesticide trainee, noncommercial pesticide trainee or public trainee certificate numbers of the persons applying the pesticide;

�� (h) The names of the persons applying the pesticide;

�� (i) The dates on which the plan coordinator gave any notices required by ORS 634.740; and

�� (j) The dates and times for the placement and removal of warning signs under ORS 634.740.

�� (2) Pesticide application records must include copies of all notices given under ORS 634.740.

�� (3) A school shall retain pesticide application records required by this section for at least four years following the application date. [2009 c.501 �8; 2022 c.53 �12]

CIVIL PENALTIES

�� 634.900 Penalty for certain violations; amount. (1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty on a person for violation of any of the provisions of this chapter relating to pesticide application, sale or labeling. The civil penalty for a first violation shall be not more than $2,000. For a subsequent violation, the director may impose a civil penalty of not more than $4,000.

�� (2) Notwithstanding subsection (1) of this section, if the violation of a provision relating to pesticide application, sale or labeling results from gross negligence or willful misconduct, the civil penalty for a first or subsequent violation may not exceed $10,000.

�� (3) A civil penalty may not be imposed under this section for violations other than those involving pesticide application, sale or labeling violation under this chapter.

�� (4) Notwithstanding subsections (1) to (3) of this section, the director may impose a civil penalty on a person for violation of any of the provisions of this chapter related to restricted-use pesticides or for violation of any rule adopted pursuant to this chapter related to restricted-use pesticides. [1989 c.943 �2; 2007 c.592 �1; 2015 c.833 �11; 2021 c.177 �4]

�� 634.905 When penalty payable; notice; hearing. (1) Any civil penalty under ORS 634.900 shall be imposed as provided in ORS

ORS 652.310

652.310 to 652.414. [2015 c.457 �3]

�� Note: See note under 653.547.

�� 653.553 Short title. ORS 653.547 to 653.551 may be referred to as the Domestic Workers� Protection Act. [2015 c.457 �4]

�� Note: See note under 653.547.

WAREHOUSE WORKER PROTECTIONS

�� 653.555 Definitions for ORS 653.555 to 653.558. As used in ORS 653.555 to 653.558:

�� (1) �Defined time period� means any unit of time measurement equal to or less than the duration of an employee�s shift, including but not limited to hours, minutes, seconds and any fraction of those units of time.

�� (2)(a) �Employee� means an employee who is subject to federal or state laws relating to minimum wage and overtime and who works at a warehouse distribution center.

�� (b) �Employee� does not include a driver or courier to or from a warehouse distribution center.

�� (3) �Employer� means a person who directly or indirectly, through an agent or any other person, including through the services of a third-party, temporary services or staffing agency or any other similar entity, employs or exercises control over the wages, hours or working conditions of the employees employed at a warehouse distribution center of 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in this state.

�� (4) �Quota� means a work standard under which an employee is assigned or required to perform at a specified productivity or speed, perform a quantified number of tasks or handle or produce a quantified number of materials, within a defined time period and under which the employee may suffer an adverse employment action if they fail to complete the performance standard.

�� (5)(a) �Warehouse distribution center� means an establishment engaged in any services relating to:

�� (A) Warehousing and storage, as that term is used in the 2022 North American Industry Classification System code 493.

�� (B) Merchant wholesale of durable goods, as those terms are used in the 2022 North American Industry Classification System code 423.

�� (C) Merchant wholesale of nondurable goods, as those terms are used in the 2022 North American Industry Classification System code 424.

�� (D) Retailing using electronic shopping and mail-order houses, as those terms are used in the 2017 North American Industry Classification System code 454110.

�� (b) �Warehouse distribution center� does not mean an establishment engaged in any services relating to:

�� (A) Farm product warehousing and storage, as those terms are used in the 2022 North American Industry Classification System code 493130.

�� (B) Refrigerated warehousing and storage, as those terms are used in the 2022 North American Industry Classification System code 493120.

�� (C) Merchant wholesale of professional medical, dental and hospital equipment and supplies, as those terms are used in the 2022 North American Industry Classification System code 423450.

�� (D) Merchant wholesale distribution of drugs and druggists� sundries, as those terms are used in the 2022 North American Industry Classification System code 424210.

�� (E) Couriers and express delivery services, as those terms are used in the 2022 North American Industry Classification System code 492110.

�� (F) Merchant wholesale distribution of carbonated beverages, as those terms are used in the 2022 North American Industry Classification System code 424490.

�� (G) Merchant wholesale distribution of wine and distilled alcoholic beverages, as those terms are used in the 2022 North American Industry Classification System code 424820.

�� (H) Merchant wholesale distribution of beer and ale, as those terms are used in the 2022 North American Industry Classification System code 424810.

�� (6)(a) �Work speed data� includes any of the following information that is collected or maintained by an employer for purposes of evaluating an employee�s performance regarding meeting a quota to which the employee is subject:

�� (A) The quantity of tasks performed;

�� (B) The quantity of items or materials handled or produced;

�� (C) The rate or speed at which the employee performs assigned tasks;

�� (D) Measurements or metrics of employee performance in relation to an applicable quota; and

�� (E) Time categorized as performing tasks or not performing tasks.

�� (b) �Work speed data� does not include data or information that does not relate to the performance of a quota, including but not limited to:

�� (A) Qualitative performance assessments;

�� (B) Personnel records; and

�� (C) Itemized wage statements required under ORS 652.610. [2024 c.36 �2]

�� 653.556 Notice and recordkeeping requirements for employers using quotas in warehouse distribution centers; employee rights; employer obligations. (1) An employer shall provide each employee with written documentation summarizing any quota to which the employee is subject. The documentation must include:

�� (a) The quantified number of tasks to be performed, or materials to be produced or handled, within a defined time period; and

�� (b) A description of the potential consequences, including any adverse employment actions, that an employee may face as a result of the employee�s failure to meet the applicable quota.

�� (2) The employer shall provide the written documentation required under subsection (1) of this section, in the language the employer regularly uses to communicate with the employee, as follows:

�� (a) To a new employee at the time of hire.

�� (b) To an existing employee within two business days following the date on which the employer makes a change to a quota to which the employee is subject.

�� (c) To an employee when an employer takes an adverse employment action against the employee for failing to meet the applicable quota.

�� (3)(a) An employer may not take an adverse employment action against an employee for failing to meet a quota for which an employee did not receive written documentation required under subsection (1) of this section.

�� (b) A person who alleges a violation of this section may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. [2024 c.36 �3]

�� 653.557 Current and former employee access to records regarding quotas and work speed data; timing; scope of request; penalties. (1) If a current or former employee of an employer believes that the employee has been disciplined for failing to meet a quota, the current or former employee shall have a right, upon request, to receive records as follows:

�� (a) If the requesting employee is a current employee, the employee shall have a right to a copy of a record that includes:

�� (A) The information described in ORS 653.556 (1); and

�� (B) The employee�s work speed data for the 90 days immediately preceding the date of the employee�s request.

�� (b) If the requesting employee is a former employee, the employee shall have a right to make one request for a copy of a record that includes:

�� (A) The information described under ORS 653.556 (1) related to the quota to which the former employee was subject for the 90 days immediately preceding the date of the employee�s separation from the employer; and

�� (B) The former employee�s work speed data for the 90 days immediately preceding the date of the former employee�s most recent separation from employment.

�� (2) A former employee has the right to request records under subsection (1) of this section within three years following the date of the employee�s separation from employment.

�� (3) An employer shall provide records requested pursuant to this section free of charge and as soon as practicable upon request of a current or former employee, but not later than 21 calendar days from the date of the request.

�� (4) Nothing in this section may obligate an employer:

�� (a) To impose a quota or monitor work speed data.

�� (b) To provide the records described in this section if the employer does not monitor work speed data.

�� (5) The Commissioner of the Bureau of Labor and Industries may order an employer to produce the records described under this section.

�� (6) An employer�s failure to comply with the requirements of this section shall subject the employer to a civil penalty under ORS 653.256. [2024 c.36 �4]

�� 653.558 Effect of collective bargaining agreement. ORS 653.556 and 653.557 do not apply to an employer who is subject to a collective bargaining agreement:

�� (1) Under which employees are subject to a performance evaluation metric that is subject to review and negotiation according to the terms of the agreement; and

�� (2) That provides for rights to request records that are substantially equivalent to the rights provided under ORS 653.557. [2024 c.36 �5]

�� 653.559 Effect on other laws. Nothing in ORS 653.555 to 653.557 relieves an employer of the obligation to comply with any other provision of law, including the provisions of ORS chapter 652, 653 or 654. [2024 c.36 �6]

�� Note: 653.559 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.

ADMINISTRATION

�� 653.560 Authority of Bureau of Labor and Industries. The Bureau of Labor and Industries shall administer, execute and carry out the provisions of ORS 653.010 to 653.565 and 653.991. [Formerly

ORS 688.734

688.734. [2003 c.547 �11; 2005 c.648 �22; 2013 c.568 �68; 2019 c.378 �7]

RESPIRATORY THERAPISTS AND

POLYSOMNOGRAPHIC TECHNOLOGISTS

�� 688.800 Definitions for ORS 688.800 to 688.840. As used in ORS 688.800 to 688.840:

�� (1) �Polysomnographic technologist� means a person licensed under ORS 688.819.

�� (2) �Polysomnography� means the treatment, management, diagnostic testing, education and care of patients with disorders related to sleep. �Polysomnography� includes, but is not limited to:

�� (a) The use of the following during treatment, management, diagnostic testing, education and care of patients with disorders related to sleep:

�� (A) Supplemental low-flow oxygen therapy, using up to six liters per minute of oxygen;

�� (B) Continuous or bilevel positive airway pressure titration on spontaneously breathing patients using a mask or oral appliance, if the mask or oral appliance does not extend into the trachea or attach to an artificial airway;

�� (C) Capnography;

�� (D) Cardiopulmonary resuscitation;

�� (E) Pulse oximetry;

�� (F) Sleep staging, including surface electroencephalography, surface electrooculography and submental surface electromyography;

�� (G) Electrocardiography;

�� (H) Respiratory effort monitoring, including thoracic and abdominal movement monitoring;

�� (I) Plethysmography blood flow monitoring;

�� (J) Snore monitoring;

�� (K) Audio or video monitoring of movement or behavior;

�� (L) Body movement monitoring;

�� (M) Nocturnal penile tumescence monitoring, when performed in a facility approved by the Respiratory Therapist and Polysomnographic Technologist Licensing Board;

�� (N) Nasal and oral airflow monitoring;

�� (O) Body temperature monitoring; or

�� (P) Portable monitoring devices and other medical equipment used to treat sleep disorders;

�� (b) Analyzing data for the purpose of assisting a physician who diagnoses and treats disorders related to sleep;

�� (c) Implementation and monitoring of durable medical equipment used in the treatment of sleep disorders; and

�� (d) Educating patients and immediate family members of patients regarding testing and treatment of sleep disorders.

�� (3) �Qualified medical director for polysomnography� means the medical director of an inpatient or outpatient polysomnography facility who is a physician licensed under ORS chapter 677, has special interest and knowledge in the diagnosis and treatment of sleep disorders and is actively practicing in the field of sleep disorders.

�� (4) �Qualified medical director for respiratory care� means the medical director of any inpatient or outpatient respiratory care service, department or home care agency who is a physician licensed under ORS chapter 677 and who has special interest and knowledge in the diagnosis and treatment of respiratory problems.

�� (5) �Respiratory care� means the treatment, management, diagnostic testing, control and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. �Respiratory care� includes, but is not limited to:

�� (a) Direct and indirect respiratory care services, including but not limited to the administration of pharmacological, diagnostic and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative or diagnostic regimen prescribed by a physician;

�� (b) Transcription and implementation of the written or verbal orders of a physician pertaining to the practice of respiratory care;

�� (c) Observing and monitoring signs and symptoms, reactions, general behaviors, general physical responses to respiratory care treatment and diagnostic testing, including determination of whether such signs, symptoms, reactions, general behaviors or general physical responses exhibit abnormal characteristics;

�� (d) Implementation based on observed abnormalities, or appropriate reporting, referral, respiratory care protocols or changes in treatment, pursuant to a prescription by a person authorized to practice medicine under the laws of this state; and

�� (e) The initiation of emergency procedures under the rules of the board or as otherwise permitted under ORS 688.800 to 688.840.

�� (6) �Respiratory care practitioner� means a person licensed under ORS 688.815.

�� (7) �Respiratory care services� means cardiopulmonary care services including, but not limited to, the diagnostic and therapeutic use of the following:

�� (a) Except for the purpose of anesthesia, administration of medical gases, aerosols and humidification;

�� (b) Environmental control mechanisms and hyperbaric therapy;

�� (c) Pharmacologic agents related to respiratory care procedures;

�� (d) Mechanical or physiological ventilatory support;

�� (e) Bronchopulmonary hygiene;

�� (f) Cardiopulmonary resuscitation;

�� (g) Maintenance of the natural airway;

�� (h) Maintenance of artificial airways;

�� (i) Specific diagnostic and testing techniques employed in the medical management of patients to assist in diagnosis, monitoring, treatment and research of pulmonary abnormalities, including measurements of ventilatory volumes, pressures and flows, collection of specimens of blood and blood gases, expired and inspired gas samples, respiratory secretions and pulmonary function testing; and

�� (j) Hemodynamic and other related physiologic measurements of the cardiopulmonary system. [1997 c.792 �1; 1999 c.885 �32; 2005 c.648 �42; 2011 c.715 �1]

�� 688.802 License required to practice respiratory care. A person may not practice respiratory care or claim to be a respiratory care practitioner unless the person is licensed under ORS 688.815. [2011 c.715 �6]

�� 688.803 License required to practice polysomnography. A person may not practice polysomnography or claim to be a polysomnographic technologist unless the person is licensed under ORS

ORS 692.990

692.990�� Penalties

GENERAL PROVISIONS

�� 692.010 Definitions. As used in this chapter:

�� (1) �Alkaline hydrolysis� or �hydrolysis� means the technical process for reducing human remains by placing the remains in a dissolution chamber that uses heat, pressure, water and base chemical agents, in a licensed hydrolysis facility, to reduce human remains to bone fragments and essential elements.

�� (2) �Board� means the State Mortuary and Cemetery Board.

�� (3) �Cemetery� means any one, or a combination of more than one, of the following, in a place used, or intended to be used, and dedicated, for cemetery purposes:

�� (a) A burial park, for earth interments;

�� (b) A mausoleum, for crypt interments;

�� (c) A columbarium, for permanent interments of cremated or reduced remains;

�� (d) A scattering garden or other designated area above or below ground where a person may pay to establish a memorial of cremated or reduced remains; or

�� (e) A cenotaph, the primary purpose of which is to provide an area where a person may pay to establish a memorial to honor a person whose remains may be interred elsewhere or whose remains cannot be recovered.

�� (4) �Exempt operating cemetery� means an operating cemetery that has 10 or fewer interments annually.

�� (5) �Final disposition� means the burial, interment, cremation, dissolution, reduction or other disposition of human remains authorized by the board by rule.

�� (6) �Holding room� means a room that is located in a licensed facility for the care, storage or holding of dead human bodies prior to effecting disposition.

�� (7) �Immediate disposition company� means any business licensed under this chapter, other than a licensed funeral establishment, where a licensed funeral service practitioner operates the business of immediate final disposition and where business records are kept.

�� (8) �Natural organic reduction� means the contained, accelerated conversion of human remains to soil.

�� (9) �Operating cemetery� means a cemetery that:

�� (a) Performs interments;

�� (b) Has fiduciary responsibility for endowment care, general care or special care funds; or

�� (c) Has outstanding preneed service contracts for unperformed services.

�� (10) �Reduced remains� means the remains of a human body after completion of reduction.

�� (11) �Reduction� means alkaline hydrolysis, natural organic reduction and any other method of final disposition of human remains authorized by the board.

�� (12) �Rental cover� means a partial enclosure that appears similar to a casket that is utilized for viewing purposes and surrounds the burial, cremation or alternative container. [Amended by 1957 c.596 �1; 1983 c.810 �3; 1985 c.207 �7; 1987 c.252 �10; 1989 c.177 �1; 1997 c.638 �2; 2001 c.224 �1; 2007 c.436 �1; 2009 c.709 �1; 2021 c.296 �19]

�� 692.020 [Amended by 1973 c.411 �1; repealed by 1983 c.810 �29]

�� 692.025 License required for funeral service practitioner, embalmer, death care consultant, funeral establishment operator, cemetery operator, crematory operator or alternative disposition facility. (1) An individual may not practice as a funeral service practitioner unless the individual is licensed as a funeral service practitioner under ORS 692.045. Regardless of any title used by the individual, an individual practices as a funeral service practitioner if the individual is engaged directly or indirectly in offering funeral services for payment or supervising or otherwise controlling the transportation, care, preparation, processing and handling of dead human bodies before the bodies undergo final disposition, or before the bodies are transported out of the State of Oregon.

�� (2) An individual may not practice as an embalmer unless the individual is licensed as an embalmer under ORS 692.105. Regardless of any title used by the individual, an individual practices as an embalmer if the individual is engaged or purports to be engaged in either of the following:

�� (a) The practice of disinfecting or preserving from decay dead human bodies.

�� (b) Preparing human bodies dead of contagious or infectious disease for transportation by railroad, express company or common carrier.

�� (3) An individual may not practice as a death care consultant unless the individual is licensed as a death care consultant under ORS 692.143. Regardless of any title used by the individual, an individual practices as a death care consultant if the individual offers, for payment, consultations directly relating to the performance of funeral or final disposition services.

�� (4) A person may not operate a funeral establishment unless the establishment meets the requirements under this subsection. A place is a funeral establishment if the place is customarily used for the care, preparation or viewing of dead human bodies before the bodies undergo final disposition, or before the bodies are transported out of the State of Oregon. A funeral establishment must:

�� (a) Be licensed by the State Mortuary and Cemetery Board under ORS 692.146;

�� (b) Be operated by a funeral service practitioner;

�� (c) Have on the premises embalming facilities or holding room facilities meeting requirements established by the board; and

�� (d) Have access to hospital or mortuary refrigeration.

�� (5) A person may not operate an immediate disposition company unless the immediate disposition company meets the requirements under this subsection. An immediate disposition company must:

�� (a) Be licensed at a fixed location under ORS 692.146; and

�� (b) Be operated by a licensed funeral service practitioner.

�� (6) A person or city, county or other municipal corporation may not conduct the business of an operating cemetery without first receiving a certificate of authority to conduct the business of an operating cemetery under ORS 692.275.

�� (7) A person may not operate a crematorium unless the crematorium meets the requirements of ORS

ORS 757.212

757.212.

�� (b) Any alternative form of regulation plan shall include provisions to ensure that the plan operates in the interests of utility customers and the public generally and results in rates that are just and reasonable and may include provisions establishing a reasonable range for rate of return on investment. In approving a plan, the commission shall, at a minimum, consider whether the plan:

�� (A) Promotes increased efficiencies and cost control;

�� (B) Is consistent with least-cost resources acquisition policies;

�� (C) Yields rates that are consistent with those that would be obtained following application of ORS 757.269;

�� (D) Is consistent with maintenance of safe, adequate and reliable service; and

�� (E) Is beneficial to utility customers generally, for example, by minimizing utility rates.

�� (c) As used in this subsection, �alternative form of regulation plan� means a plan adopted by the commission upon petition by a public utility, after notice and an opportunity for a hearing, that sets rates and revenues and a method for changes in rates and revenues using alternatives to cost-of-service rate regulation.

�� (d) Prior to implementing a rate change under an alternative form of regulation plan, the utility shall present a report that demonstrates the calculation of any proposed rate change at a public meeting of the commission.

�� (3) Except as provided in ORS 757.212, the commission, at any time, may order a utility to appear and establish that any, or all, of its rates in a plan authorized under subsection (2) of this section are in conformity with the plan and are just and reasonable. Except as provided in ORS 757.212, such rates, and the alternative form of regulation plan under which the rates are set, also shall be subject to complaint under ORS 756.500.

�� (4) Periodically, but not less often than every two years after the implementation of a plan referred to in subsection (2) of this section, the commission shall submit a report to the Legislative Assembly that shows the impact of the plan on rates paid by utility customers.

�� (5) The commission and staff may consult at any time with, and provide technical assistance to, utilities, their customers, and other interested parties on matters relevant to utility rates and charges. If a hearing is held with respect to a rate change, the commission�s decisions shall be based on the record made at the hearing.

�� (6) The commission may adjust rates to mitigate an increase in residential customer rates if the increase is of such magnitude that, if applied at the higher rate or all at one time, the increase would affect the ability of residential customers to maintain adequate utility service. In considering whether to adjust rates under this subsection, the commission:

�� (a) Must determine whether the proposed adjusted rates are fair, just and reasonable;

�� (b) May not adjust rates in a manner that results in rates that are not fair, just and reasonable; and

�� (c) Shall consider and may approve deferred accounting for future cost recovery from customers for those amounts that are subject to rate mitigation.

�� (7) Any increase in residential rates may not take effect from November 1 to March 31. [Amended by 1971 c.655 �70a; 1981 c.715 �1; 1985 c.550 �2; 1987 c.447 �97; 1987 c.613 �1; 1989 c.5 ��3,23; 1995 c.785 �1; 2001 c.913 �3; 2005 c.845 �5; 2011 c.137 �3; 2025 c.503 �3]

�� 757.211 Commission to consider cumulative economic impact of proposed residential rates; analysis considerations; rules. (1) As used in this section, �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) In determining whether an electric or natural gas company�s proposed residential rate or schedule of rates to be established or increased or changed is fair, just and reasonable, the Public Utility Commission shall balance the interests of the utility investor and the consumer by considering the cumulative economic impact of the proposed rate or schedule of rates on the electric or natural gas company�s residential ratepayers.

�� (3) An electric or natural gas company shall conduct and include with its filing an analysis of the cumulative economic impact of a proposed rate or schedule of rates on the electric or natural gas company�s residential ratepayers if the electric or natural gas company�s proposed residential rate or schedule of rates will result in an increase of residential rates and the electric or natural gas company�s return on equity is subject to review and modification. The analysis must take into consideration the following:

�� (a) For each classification of service of the electric or natural gas company affected by the proposed rate or schedule of rates and, if applicable, distinguished by ratepayers who reside in single-family housing and ratepayers who reside in multifamily housing:

�� (A) Ratepayers� average monthly utility bill for the 18 months ending on the date before the date the proposed rate or schedule of rates is to take effect;

�� (B) The approximate range of utility bills from November 1 to March 31 for the prior two years for residential ratepayers who use the utility service for space heating; and

�� (C) The estimated dollar amount and percentage increase in ratepayers� utility bills;

�� (b) The average cost of living and cost of fuel and utilities for the region, state and, where available, service territory of the electric or natural gas company, as determined by the commission using the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics of the United States Department of Labor, and any other macroeconomic data as determined by the commission;

�� (c) The electric or natural gas company�s data on residential service disconnection for nonpayment, including:

�� (A) The number of ratepayers the electric or natural gas company disconnected for nonpayment in the previous 12 months;

�� (B) The number of ratepayers receiving energy assistance, including any government assistance, utility bill discount or utility arrearage program, that the electric or natural gas company disconnected for nonpayment in the previous 12 months;

�� (C) The number of ratepayers who have a medical certificate filed with the electric or natural gas company; and

�� (D) Data related to customers who are enrolled in the electric or natural gas company�s energy assistance programs, including disconnection moratorium programs;

�� (d) The electric or natural gas company�s data on overdue balances, as determined by the commission, such as:

�� (A) The number of ratepayers who have an overdue balance;

�� (B) The average amount of the overdue balances; or

�� (C) The total amount of overdue balances owed to the electric or natural gas company;

�� (e) Data on the cost of energy for commercial and industrial customers relative to the cost of energy for commercial and industrial customers in other states in the region together with historical trends; and

�� (f) Any other relevant data, as determined by the commission, such as indicators of financial hardship, residential customer energy burden or affordability of utility bills.

�� (4) The commission may contract or coordinate with other state agencies, energy assistance providers or the nongovernmental entity that administers funds collected pursuant to ORS 757.054, through natural gas tariffs or through public purpose charges pursuant to ORS 757.612, to collect data necessary to carry out this section.

�� (5) The commission may establish rules to carry out this section, including rules that require electric and natural gas companies to gather information or data necessary to carry out this section. [2025 c.503 �2]

�� Note: Sections 4 and 5, chapter 503, Oregon Laws 2025, provide:

�� Sec. 4. (1) Notwithstanding any other provisions of law, if an electric or natural gas company�s proposal to increase rates under ORS 757.210 subjects the electric or natural gas company�s return on equity to review or modification by the Public Utility Commission, the rate increase may not take effect within 18 months from the effective date of the electric or natural gas company�s last rate increase under ORS 757.210 that subjected the electric or natural gas company�s return on equity to review or modification by the commission.

�� (2) Notwithstanding ORS 757.259, the commission shall consider and may approve deferred accounting for future cost recovery from ratepayers under an electric or natural gas company�s requested rate revision, if the rate revision subjects the electric or natural gas company�s return on equity to review or modification.

�� (3) As used in this section, �electric or natural gas company� means a public utility, as defined in ORS 757.005, that is engaged in the business of distributing electricity or natural gas to retail customers in this state. [2025 c.503 �4]

�� Sec. 5. Section 4 of this 2025 Act is repealed on the earlier of:

�� (1) January 2, 2027.

�� (2) The date the Public Utility Commission adopts permanent rules to implement section 7 of this 2025 Act [757.217]. [2025 c.503 �5]

�� 757.212 Resource rate plans; customers who may elect to be exempt; order approving plan; effect of approving plan; rules. (1) For purposes of this section:

�� (a) �Resource rate plan� means a plan by a public utility to construct a generating plant or to enter into a wholesale power purchase or sales agreement with a term that is longer than one year.

�� (b) �Site� means:

�� (A) Buildings or other related structures that are interconnected by facilities owned by a single public utility customer and that are served through a single electric meter; or

�� (B) A single contiguous area of land containing buildings or other structures that are separated by not more than 1,000 feet, such that:

�� (i) Each building or structure included in the site is not more than 1,000 feet from at least one other building or structure in the site;

�� (ii) Buildings and structures in the site, and land containing and connecting buildings and structures in the site, are owned by a public utility customer who is billed for electricity use at the buildings and structures; and

�� (iii) Land shall be considered to be contiguous even if there is an intervening public or railroad right of way, provided that rights-of-way land on which municipal infrastructure facilities exist, such as street lighting, sewerage transmission and roadway controls, shall not be considered contiguous.

�� (2) The Public Utility Commission may approve a resource rate plan as an alternative form of regulation plan under ORS 757.210. A public utility must make a separate tariff filing for each proposed resource rate plan. If the commission approves a resource rate plan by a public utility based on the construction of a generating plant, the order approving the plan must state how the commission will reflect the costs and revenues of the generating plant in the utility�s rates during all or a portion of the expected useful life of the generating plant. If the commission approves a resource rate plan based on a wholesale power purchase or sales agreement with a term longer than one year, the order approving the plan must state how the commission will reflect the costs and revenues under the wholesale power purchase or sales agreement in the utility�s rates during all or a portion of the term of the agreement.

�� (3) A customer receiving electricity from a public utility may elect to be exempt from the costs and benefits of a resource rate plan for any single site at which the customer has had a peak load in excess of nine megawatts in any hour during the 12-month period immediately preceding the date on which the public utility files a tariff under this section. A public utility filing a tariff under this section must give written notice of the provisions of this subsection to all of its customers that are eligible to make an election under this subsection. The notice must be given within three days after the tariff is filed. An election under this subsection must be made by a customer within 30 days after the tariff is filed.

�� (4) A public utility customer that elects to be exempt under subsection (3) of this section may also elect to be exempt from the costs and benefits of a resource rate plan for any single site at which the customer has had a peak load in excess of one megawatt in any hour during the 12-month period immediately preceding the date on which the public utility files a tariff under this section. An election under this subsection must be made as part of the election under subsection (3) of this section.

�� (5) The commission shall ensure that customers making an election under subsection (3) or (4) of this section are charged the market cost for all electricity that is required to replace the electricity that would otherwise have been provided under the resource rate plan, and that the election does not result in increased costs or risks to the public utility or to other customers of the public utility.

�� (6) The commission, by rule, may allow customers of a public utility other than those customers described in subsection (3) of this section to elect to be exempt from the costs and benefits of a resource rate plan.

�� (7) If the commission approves a resource rate plan, the order of the commission must also address:

�� (a) The extent to which the public utility will use power from the generating plant or from the power purchase or sales agreement to serve its retail customers in Oregon;

�� (b) The allocation of power available from the generating plant or power purchase or sales agreement among different classes of the public utility�s customers;

�� (c) The ratemaking consequences of the generating plant or power purchase or sales agreement, including the consequences of variations in the amount of power that is actually available after the plan is in operation compared with the amount of power that was anticipated to be available at the time the plan was approved; and

�� (d) Any other issue the commission chooses to consider.

�� (8) If the commission approves a resource rate plan, the commission may not thereafter review the costs and rates specific to the resource rate plan or other obligations of the public utility under the plan, or consider any complaint under ORS 756.500 seeking review of the costs and rates specific to the resource rate plan or other obligations of the public utility under the plan, except for the purpose of determining whether the public utility is in compliance with the plan and has established rates in accordance with the plan.

�� (9) A resource rate plan and a public utility�s rates under a resource rate plan are not subject to ORS 757.355.

�� (10) The commission may not set aside or modify an order approving a resource rate plan unless the public utility operating under the plan approves the setting aside or modification. [2001 c.913 �2; 2005 c.638 �8]

�� Note: 757.212 was added to and made a part of 757.205 to 757.220 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 757.215 Commission authorized to suspend new rates or order interim rates during hearings; revenues collected under unapproved rates to be refunded; order after hearing. (1) The Public Utility Commission may, pending such investigation and determination, order the suspension of the rate or schedule of rates for a period of up to 10 months beyond the time when such rate or schedule would otherwise go into effect.

�� (2) This section does not prevent the commission and the utility from entering into a written stipulation at any time extending any period of suspension.

�� (3) After full hearing, whether completed before or after such rate or schedule has gone into effect, the commission may make such order in reference thereto as would be proper in a proceeding initiated after such rate or schedule has become effective.

�� (4) If the commission is required to or determines to conduct a hearing on a rate or schedule of rates filed pursuant to ORS 757.210, but does not order a suspension thereof, any increased revenue collected by the utility as a result of such rate or rate schedule becoming effective shall be received subject to being refunded. If the rate or rate schedule thereafter approved by the commission is for a lesser increase or for no increase, the utility shall refund the amount of revenues received that exceeds the amount approved as nearly as possible to the customers from whom such excess revenues were collected, by a credit against future bills or otherwise, in such manner as the commission orders.

�� (5) The commission may in a suspension order authorize an interim rate or rate schedule under which the utility�s revenues will be increased by an amount deemed reasonable by the commission, not exceeding the amount requested by the utility. Any such interim increase for a public utility as defined in ORS

ORS 757.240

757.240, or any part thereof, any person otherwise exempt from regulation under ORS 757.005 (1)(b)(E) as follows:

�� (a) With respect to any or all customers, if the commission finds that the activities of such person have an adverse effect upon the customers of public utilities furnishing electricity or natural gas and the benefits of such regulation outweigh any adverse effect on the public generally; or

�� (b) With respect to any customer receiving service not exceeding 500 million British thermal units per year or any residential customer, if the commission finds that such person has engaged in unjust or unreasonable practices with respect to the services or rates available to the customer and the customer has no reasonable alternative to the services provided.

�� (2) The commission shall not regulate persons under subsection (1)(a) of this section with respect to contracts that became effective prior to the date of service of the complaint or with respect to heating systems already in place on the date of service of the complaint if the commission determines that continued expansion will increase the efficiency of those systems. [1989 c.999 ��4b,4d; 2003 c.82 �6]

�� 757.010 [Repealed by 1971 c.655 �250]

�� 757.015 �Affiliated interest� defined for ORS 757.105 (1) and 757.495. As used in ORS 757.105 (1) and

ORS 758.475

758.475 and that is in effect on July 22, 2005; or

�� (b) The acquisition comprises less than one percent of the total allocated territory of the Portland General Electric Company or less than one-tenth of one percent of the total retail customer load of the Portland General Electric Company at the time of acquisition, whichever is greater. [2005 c.630 �1]

�� Note: 758.480 was enacted into law by the Legislative Assembly but was 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.

�� 758.500 [1979 c.730 �2; 1981 c.714 �1; repealed by 1981 c.714 �5 and by 1983 c.799 �9]

COGENERATION AND SMALL POWER PRODUCTION FACILITIES

�� 758.505 Definitions for ORS 758.505 to 758.555. As used in ORS 758.505 to 758.555:

�� (1) �Avoided cost� means the incremental cost to an electric utility of electric energy or energy and capacity that the utility would generate itself or purchase from another source but for the purchase from a qualifying facility.

�� (2) �Cogeneration facility� means a facility that:

�� (a) Produces, through the sequential use of energy, electric energy and useful thermal energy including but not limited to heat or steam, used for industrial, commercial, heating or cooling purposes; and

�� (b) Is more than 50 percent owned by a person who is not an electric utility, an electric holding company, an affiliated interest or any combination thereof.

�� (3) �Commission� means the Public Utility Commission.

�� (4) �Electric utility� means a nonregulated utility or a public utility.

�� (5) �Index rate� means the lowest avoided cost approved by the commission for a generating utility for the purchase of energy or energy and capacity of similar characteristics including online date, duration of obligation and quality and degree of reliability.

�� (6) �Nonregulated utility� means an entity providing retail electric utility service to Oregon consumers that is a people�s utility district organized under ORS chapter 261, a municipal utility operating under ORS chapter 225 or an electric cooperative organized under ORS chapter 62.

�� (7) �Public utility� means a utility regulated by the commission under ORS chapter 757, that provides electric power to consumers.

�� (8) �Qualifying facility� means a cogeneration facility or a small power production facility.

�� (9) �Small power production facility� means a facility that:

�� (a) Produces energy primarily by the use of biomass, waste, solar energy, wind power, water power, geothermal energy or any combination thereof;

�� (b) Is more than 50 percent owned by a person who is not an electric utility, an electric utility holding company, an affiliated interest or any combination thereof; and

�� (c) Has a power production capacity that, together with any other small power production facility located at the same site and owned by the same person, is not greater than 80 megawatts. [1983 c.799 �1]

�� 758.510 [1979 c.730 �3; 1981 c.714 �2; repealed by 1981 c.714 �7 and by 1983 c.799 �9]

�� 758.515 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) The State of Oregon has abundant renewable resources.

�� (2) It is the goal of Oregon to:

�� (a) Promote the development of a diverse array of permanently sustainable energy resources using the public and private sectors to the highest degree possible; and

�� (b) Insure that rates for purchases by an electric utility from, and rates for sales to, a qualifying facility shall over the term of a contract be just and reasonable to the electric consumers of the electric utility, the qualifying facility and in the public interest.

�� (3) It is, therefore, the policy of the State of Oregon to:

�� (a) Increase the marketability of electric energy produced by qualifying facilities located throughout the state for the benefit of Oregon�s citizens; and

�� (b) Create a settled and uniform institutional climate for the qualifying facilities in Oregon. [1983 c.799 �2]

�� 758.520 [1979 c.730 �4; 1981 c.714 �3; repealed by 1981 c.714 �9 and by 1983 c.799 �9]

�� 758.525 Avoided cost schedules; filing; requirement to purchase energy from qualifying facilities. (1) At least once every two years each electric utility shall prepare, publish and file with the Public Utility Commission a schedule of avoided costs equaling the utility�s forecasted incremental cost of electric resources over at least the next 20 years. Prices contained in the schedules filed by public utilities shall be reviewed and approved by the commission.

�� (2) An electric utility shall offer to purchase energy or energy and capacity whether delivered directly or indirectly from a qualifying facility. Except as provided in subsection (3) of this section, the price for such a purchase shall not be less than the utility�s avoided costs. At the option of the qualifying facility, exercised before beginning delivery of the energy or energy and capacity, such prices may be based on:

�� (a) The avoided costs calculated at the time of delivery; or

�� (b) The projected avoided costs calculated at the time the legal obligation to purchase the energy or energy and capacity is incurred.

�� (3) Nothing contained in ORS 543.610, 757.005 and 758.505 to 758.555 shall be construed to require an electric utility to pay full avoided-cost prices for a purchase from a qualifying facility on which construction began before November 8, 1978, but the price for a purchase from such a facility shall be sufficient to encourage production of energy or energy and capacity.

�� (4) The rates of an electric utility for the sale of electricity shall not discriminate against qualifying facilities. [1983 c.799 �3]

�� 758.530 [1979 c.730 �5; 1981 c.714 �4; repealed by 1981 c.714 �11 and by 1983 c.799 �9]

�� 758.535 Criteria for qualifying facility; terms and conditions of energy sale. (1) The Public Utility Commission shall establish minimum criteria that a cogeneration facility or small power production facility must meet to qualify as a qualifying facility under ORS

ORS 758.555

758.555.

�� (E) Any person furnishing heat, but not delivering electricity or natural gas to its customers, except:

�� (i) As provided in ORS 757.007 and 757.009; or

�� (ii) With respect to heat furnished in municipalities which on January 1, 1989, had a municipally owned system that was furnishing steam or other thermal forms of heat to its customers.

�� (F) Notwithstanding subparagraph (E) of this paragraph, any corporation, company, partnership, individual or association of individuals furnishing heat to a single thermal end user from an electric generating facility, plant or equipment that is physically interconnected with the single thermal end user.

�� (G) Any corporation, company, partnership, individual or association of individuals that furnishes natural gas, electricity, ethanol, methanol, methane, biodiesel or other alternative fuel to any number of customers for use in motor vehicles and does not furnish any utility service described in paragraph (a) of this subsection.

�� (H) An electricity service supplier, as defined in ORS 757.600.

�� (2) Nothing in subsection (1)(b)(C) of this section shall prohibit third party financing of acquisition or development by a utility customer of energy resources to meet the heat, light or power requirements of that customer. [Amended by 1953 c.583 �2; 1967 c.241 �1; 1967 c.314 �1; 1971 c.655 �64a; 1973 c.726 �1; 1979 c.62 �1; 1981 c.360 �1; 1981 c.749 �21; 1983 c.118 �1; 1983 c.799 �7; 1985 c.550 �1; 1985 c.633 �7; 1985 c.779 �1; 1987 c.447 �96; 1987 c.900 �3; 1989 c.5 �2; 1989 c.999 ��1,2; 1991 c.294 �1; 1995 c.267 �1; 1999 c.330 �2; 1999 c.491 �1; 1999 c.865 �21; 2001 c.104 �292; 2003 c.82 �4]

�� 757.006 People�s utility districts and electric cooperatives excluded from term �public utility.� For purposes of ORS chapter 757, the term �public utility� does not include a people�s utility district organized under ORS chapter 261 or an electric cooperative organized under ORS chapter 62. [2016 c.28 �18c]

�� Note: 757.006 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.

�� 757.007 Contract and rate schedule filing for certain furnishers of heat exempt from regulation; procedure. (1) Every person exempt from regulation under ORS 757.005 (1)(b)(E) shall file with the Public Utility Commission, not later than 30 days prior to their effective date, all contracts and schedules establishing rates, terms and conditions for the provision of heating services.

�� (2) Prior to the effective date, the commission may suspend the effective date of such contracts or schedules for an additional period of not more than 120 days in order to determine the reasonableness of such contracts or schedules, taking into consideration the services being provided, the costs and risks of service, the availability and costs of alternative forms of service and other reasonable considerations, including the impact on existing customers of the utilities furnishing electricity and natural gas and on the public generally.

�� (3) If the contract or schedule is not suspended, or if the contract or schedule is determined reasonable by the commission after suspension, the contract or schedule shall not be subject to further commission review during its term or such other period as the commission may specify, except as provided in ORS

ORS 767.882

767.882]

�� 825.555 International fuel tax agreement; rules; fees. (1) The Department of Transportation may enter into an international fuel tax agreement with jurisdictions outside of this state to provide for cooperation and assistance among member jurisdictions in the administration and collection of taxes imposed on motor carriers for the consumption of all fuels used in vehicles operated interstate.

�� (2) An agreement under this section may:

�� (a) Provide for determining a base state for motor carriers for purposes of the agreement.

�� (b) Impose record keeping requirements.

�� (c) Specify audit procedures.

�� (d) Provide for exchange of information among jurisdictions.

�� (e) Provide criteria for determining which carriers are eligible to receive the benefits of the agreement.

�� (f) Define qualified motor vehicles.

�� (g) Specify conditions under which bonds are required.

�� (h) Specify reporting requirements and periods, including but not limited to specifying penalty and interest rates for late reporting.

�� (i) Determine methods for collecting and forwarding of motor fuel taxes, penalties and interest to another jurisdiction.

�� (j) Provide that the Department of Transportation may deny any person further benefits under the agreement until all motor fuel taxes have been paid, if the department determines that additional motor fuel taxes are owed by the person.

�� (k) Authorize the department to suspend or cancel benefits under the agreement for any person who violates any term or condition of the agreement or any law or rule of this state relating to motor carriers or vehicles.

�� (L) Contain such other provisions as will facilitate the agreement.

�� (3) An agreement may not provide for any benefit, exemption or privilege with respect to any fees or taxes levied or assessed against the use of highways or use or ownership of vehicles except for motor fuel taxes and requirements related to motor fuel taxes.

�� (4) The department may adopt any rules the department deems necessary to effectuate and administer the provisions of an agreement entered into under this section. Nothing in the agreement shall affect the right of the department to adopt rules as provided in ORS chapter 823 and this chapter.

�� (5) An agreement shall be in writing and shall be filed with the department within 10 days after execution or on the effective date of the agreement, whichever is later.

�� (6) The department shall adopt rules establishing an annual fee to be paid by each motor carrier receiving benefits from an agreement entered into under this section. In establishing fees, the department shall consider the size of the motor carrier�s fleet. Fees established under this subsection shall be designed to recover the full direct and indirect costs to the department that result from participation in the agreement, but the department may not establish a fee under this subsection that exceeds $650. [Formerly 767.884; 1997 c.275 �30; 2001 c.698 �1]

�� Note: 825.555 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.

GREENHOUSE GAS EMISSIONS

�� 825.600 Purpose of ORS 825.601 to 825.615. The purpose of ORS 825.601 to 825.615 is to reduce greenhouse gas and other emissions from the use of commercial vehicles, as defined in ORS 825.601. [2011 c.349 �2]

�� Note: 825.600 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 825 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 825.601 Definitions. As used in ORS 825.601 to 825.615:

�� (1) �Auxiliary power unit� means any device that is installed on a commercial vehicle that provides electrical, mechanical or thermal energy to the vehicle cab, a sleeper berth, a bus passenger compartment or any other vehicle cab, as an alternative to idling the primary engine.

�� (2) �Cargo temperature control unit� means any device used for controlling the temperature of a cargo transport area.

�� (3) �Commercial vehicle� means a commercial vehicle with a gross vehicle weight rating that is greater than 10,000 pounds.

�� (4) �Idle reduction technology� means any device or system of devices that is installed on a commercial vehicle and that is designed to provide heat, air conditioning or electricity that would otherwise require the operation of the primary engine.

�� (5) �Idling� means operation of the primary engine of a commercial vehicle while the vehicle is stationary.

�� (6) �Primary engine� means an internal combustion engine attached to a commercial vehicle that provides the power to propel the vehicle into motion and maintain motion. [2011 c.349 �3]

�� Note: 825.601 to 825.615 were added to and made a part of the Oregon Vehicle Code by legislative action but were not added to ORS chapter 825 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 825.605 Unlawfully idling the primary engine of a commercial vehicle; penalty. (1) A person commits the offense of unlawfully idling the primary engine of a commercial vehicle if the person is operating a commercial vehicle and the person:

�� (a) Stops the commercial vehicle; and

�� (b) Allows the engine of the commercial vehicle to idle for more than five minutes in any continuous 60-minute period.

�� (2) For purposes of this section, a person is not idling a primary engine if the person:

�� (a) Operates an auxiliary power unit, generator set or other idle reduction technology as a means to heat, air condition or provide electrical power.

�� (b) Operates a cargo temperature control unit to maintain the cargo.

�� (3) A citation issued under this section may be issued to the person operating the commercial vehicle, the motor carrier as defined in ORS 825.005, or both.

�� (4) The offense described in this section, unlawfully idling the primary engine of a commercial vehicle, applies on any premises open to the public.

�� (5) The offense described in this section, unlawfully idling the primary engine of a commercial vehicle, is a Class C traffic violation. [2011 c.349 �4]

�� Note: See note under 825.601.

�� 825.610 Exemptions from requirements in ORS 825.605. ORS 825.605 does not apply to a commercial vehicle if it is necessary to idle the primary engine of the commercial vehicle:

�� (1) Due to traffic, a traffic control device or mechanical difficulties over which the operator has no control or at the direction of a law enforcement official or road authority.

�� (2) Due to the need to operate defrosters, heaters or air conditioners or installing equipment necessary to comply with manufacturers� operating requirements, specifications and warranties or with federal, state or local safety regulations.

�� (3) Because the commercial vehicle is a police, fire, ambulance, public safety, military, utility service or road authority vehicle, or any other vehicle being used to respond to an emergency or for other public safety purposes, or being actively used for training for emergencies or public safety.

�� (4) For maintenance, service, repair or diagnostic purposes or for particulate matter trap regeneration.

�� (5) For a state or federal inspection to verify that all equipment is in good working order.

�� (6) To power work-related mechanical, safety, electrical or construction equipment installed on the vehicle that is not used for propulsion.

�� (7) Because the commercial vehicle is an armored vehicle and a person must remain inside the vehicle to guard the contents or while the vehicle is being loaded or unloaded.

�� (8) To maintain the comfort of commercial bus passengers while passengers are on board.

�� (9) In a commercial vehicle with a gross vehicle weight rating of more than 26,000 pounds, for purposes of air conditioning or heating during a rest or sleep period and the outside temperature is less than 50 degrees or greater than 75 degrees Fahrenheit at any time during the rest or sleep period. This subsection applies to a commercial vehicle with a sleeper berth compartment that is parked in any place that a commercial vehicle is legally permitted to park, including, but not limited to, a fleet trucking terminal, commercial vehicle stop or designated rest area. This exemption does not apply if the commercial vehicle is equipped with an auxiliary power unit or other suitable idle reduction technology, if the commercial vehicle is parked at a location equipped with suitable stationary idle reduction technology that is available for use, or during a rest or sleep period when the commercial vehicle is parked on or adjacent to a public or private educational institution offering education in all or part of kindergarten through grade 12, unless the outside temperature is greater than 75 degrees Fahrenheit and the auxiliary power unit provides heating only, in which case the person may idle the primary engine to provide air conditioning.

�� (10) In a commercial vehicle with a gross vehicle weight rating of more than 26,000 pounds, for purposes of air conditioning or heating while waiting to load or unload the commercial vehicle or while actually loading or unloading the commercial vehicle, and the outside temperature is less than 50 degrees or greater than 75 degrees Fahrenheit at the time. This exemption does not apply if the commercial vehicle is equipped with an auxiliary power unit or other suitable idle reduction technology, or if the commercial vehicle is parked at a location equipped with suitable stationary idle reduction technology that is available for use, unless the outside temperature is greater than 75 degrees Fahrenheit and the auxiliary power unit provides heating only, in which case the person may idle the primary engine to provide air conditioning.

�� (11) For a maximum of 30 minutes while waiting to load or unload the commercial vehicle or while actually loading or unloading the commercial vehicle during a single loading or unloading event. [2011 c.349 �5]

�� Note: See note under 825.601.

�� 825.615 Preemption of local regulation of idling; exception. (1) The authority to regulate the idling of primary engines in commercial vehicles is vested solely in the Legislative Assembly. A city, county or other local government may not enact any charter provision, ordinance, resolution or other provision regulating the idling of primary engines in commercial vehicles.

�� (2) Notwithstanding subsection (1) of this section, a city, county or other local government may enforce any charter provision, ordinance, resolution or other provision regulating the idling of primary engines in commercial vehicles in effect on January 1, 2011. [2011 c.349 �6]

�� Note: See note under 825.601.

PENALTIES

�� 825.950 Civil penalty for violation of this chapter, ORS chapter 818 or 826, or rule or order of department. (1)(a) Except as otherwise provided in paragraphs (b) and (c) of this subsection, in addition to all other penalties provided by law, every person who violates or who procures, aids or abets in the violation of any provision of this chapter, ORS chapter 818 or 826 or any order, rule or decision of the Department of Transportation shall incur a civil penalty of not more than $100 for every such violation.

�� (b) In addition to all other penalties provided by law, every person who violates or who procures, aids or abets in the violation of ORS 825.100 (1) shall incur a civil penalty of not more than $1,000 for every such violation.

�� (c) In addition to all other penalties provided by law, every person who violates or who procures, aids or abets in the violation of ORS 825.100 (2) shall incur a civil penalty of not more than $3,000.

�� (2) Each violation described in this section is a separate offense and in case of a continuing violation every day�s continuance is a separate violation. Every act of commission or omission that procures, aids or abets in the violation is a violation under this section and subject to the civil penalty provided in this section.

�� (3) Civil penalties under this section shall be imposed in the manner provided in ORS

ORS 774.990

774.990�� Penalty

�� 774.010 Definitions. As used in this chapter, except as otherwise specifically provided or unless the context requires otherwise:

�� (1) �Board� means the Citizens� Utility Board of Governors.

�� (2) �Consumer� or �utility consumer� means any natural person 18 years of age or older who is a resident of the State of Oregon.

�� (3) �District� means an electoral district for members of the Citizens� Utility Board of Governors.

�� (4) �Member� means a member of the Citizens� Utility Board.

�� (5) �Utility� means any utility regulated by the Public Utility Commission pursuant to ORS chapters 757 and 759, which furnishes electric, telephone, gas or heating service. However, �utility� does not include any municipality, cooperative, or people�s utility district. [1985 c.1 �2; 1987 c.447 �102]

�� 774.020 Policy. The people of the State of Oregon hereby find that utility consumers need an effective advocate to assure that public policies affecting the quality and price of utility services reflect their needs and interests, that utility consumers have the right to form an organization which will represent their interests before legislative, administrative and judicial bodies, and that utility consumers need a convenient manner of contributing to the funding of such an organization so that it can advocate forcefully and vigorously on their behalf concerning all matters of public policy affecting their health, welfare and economic well-being. [1985 c.1 �1]

�� 774.030 Citizens� Utility Board; powers. (1) The Citizens� Utility Board is hereby created as an independent nonprofit public corporation and is authorized to carry out the provisions of this chapter.

�� (2) The Citizens� Utility Board has perpetual succession and it may sue and be sued, and may in its own name purchase and dispose of any interest in real and personal property, and shall have such other powers as are granted to corporations by ORS 65.077. No part of its net earnings shall inure to the benefit of any individual or member of the Citizens� Utility Board.

�� (3) The Citizens� Utility Board shall have all rights and powers necessary to represent and protect the interests of utility consumers, including but not limited to the following powers:

�� (a) To conduct, fund or contract for research, studies, plans, investigations, demonstration projects and surveys.

�� (b) To represent the interests of utility consumers before legislative, administrative and judicial bodies.

�� (c) To accept grants, contributions and appropriations from any source, and to contract for services.

�� (d) To adopt and modify bylaws governing the activities of the Citizens� Utility Board. [1985 c.1 �3; 1989 c.1010 �179]

�� 774.040 Membership on board. (1) All consumers are eligible for membership in the Citizens� Utility Board. A consumer shall become a member of the Citizens� Utility Board upon contribution of at least $5 but not more than $100 per year to the Citizens� Utility Board. Each member shall be entitled to cast one vote for the election of the Citizens� Utility Board of Governors. The board shall establish a method whereby economically disadvantaged individuals may become members of the Citizens� Utility Board without full payment of the yearly contribution.

�� (2) Each year the Citizens� Utility Board shall cause to be prepared, by a certified public accountant authorized to do business in this state, an audit of its financial affairs. The audit is a public record subject to inspection in the manner provided in ORS 192.311 to 192.478. [1985 c.1 �9]

�� 774.060 Board of Governors; duties; executive committee. The Citizens� Utility Board of Governors shall manage the affairs of the Citizens� Utility Board. The board may delegate to an executive committee composed of not fewer than five members of the board the authority as would be allowed by ORS 65.354. [1985 c.1 �4; 1989 c.1010 �180]

�� 774.070 Election of board; term; qualifications; statement of financial interest; disqualification of candidate; recall; vacancies. (1) The Citizens� Utility Board of Governors shall be composed of three persons elected from each congressional district of this state by a majority of the votes cast by members residing in that district. The election shall be conducted by mail ballot in such manner as the Citizens� Utility Board of Governors may prescribe.

�� (2) The term of office of a member of the Citizens� Utility Board of Governors is four years. A person may not serve more than two consecutive terms on the Citizens� Utility Board of Governors.

�� (3) Each candidate and each member of the Citizens� Utility Board of Governors must be a member of the Citizens� Utility Board and must be a resident of the district from which the candidate seeks to be or is elected.

�� (4) At least 45 days before an election, each candidate shall file with the Citizens� Utility Board of Governors a statement of financial interests, which shall contain the information in such form as the Citizens� Utility Board of Governors shall determine. Each candidate shall maintain a complete record of contributions received and expenditures made with regard to an election campaign. Each candidate shall make the records available for public inspection at such reasonable times as the Citizens� Utility Board of Governors considers appropriate.

�� (5) A member who is employed by a utility is not eligible for appointment or election to the Citizens� Utility Board of Governors, and a member of the Citizens� Utility Board of Governors who obtains employment by a utility may not maintain a position on the Citizens� Utility Board of Governors. While on the board, a director elected under this section may not hold elective public office, be a candidate for any elective public office or be a state public official. A person who owns or controls, either singly or in combination with any immediate family member, utility stocks or bonds of a total value in excess of $3,000 is not eligible to serve as an elected member of the Citizens� Utility Board of Governors.

�� (6) The Citizens� Utility Board of Governors may disqualify any candidate or member of the Citizens� Utility Board of Governors for any violation of this chapter or of the bylaws of the Citizens� Utility Board.

�� (7) Upon petition signed by 20 percent of the members in a district for the recall of a member of the Citizens� Utility Board of Governors elected from the district, the Citizens� Utility Board of Governors shall mail ballots to each member in the district, submitting the question whether the member of the Citizens� Utility Board of Governors shall be recalled. If a majority of the members voting at the election vote in favor of the recall, then the member of the Citizens� Utility Board of Governors shall be recalled. Elections and recall proceedings shall be conducted in a manner as the Citizens� Utility Board of Governors may prescribe. Ballots for all election and recall proceedings shall be counted at a regular meeting of the Citizens� Utility Board of Governors.

�� (8) The remaining members of the Citizens� Utility Board of Governors shall have the power to fill vacancies on the Citizens� Utility Board of Governors. [1985 c.1 �6; 1997 c.249 �222; 2013 c.1 �94]

�� 774.110 Meetings. All meetings of the Citizens� Utility Board of Governors shall be open to the public, except under the same circumstances in which a public agency would be allowed to hold executive meetings under ORS 192.660. [1985 c.1 �8]

�� 774.120 Inclusion of information in utility billings; frequency; notice; duty of utility to forward board mail. (1) Upon request by the Citizens� Utility Board pursuant to this section, each utility shall include in billings to a utility consumer materials prepared and furnished by the Citizens� Utility Board, not exceeding in folded size the dimensions of the envelope customarily used by such utility to send billings to its customers.

�� (2) The Citizens� Utility Board shall not intentionally make any false material statement in any material submitted to a utility for inclusion with a billing. If the utility believes that the Citizens� Utility Board has intentionally made false material statements in an enclosure, it may file a complaint with the Public Utility Commission of Oregon within five days of receipt. The Public Utility Commission of Oregon must review the complaint within 10 days, and if the commission determines that the Citizens� Utility Board has intentionally made false material statements, the commission shall give the Citizens� Utility Board of Governors written notification that specifies any false material statements made and the reasons why the commission determines the statements to be false.

�� (3) No utility shall be required to enclose Citizens� Utility Board material with a billing more than six times in any calendar year.

�� (4) The Citizens� Utility Board shall notify a utility of its intention to include under the provisions of this chapter any material in any specified periodic billing or billings not fewer than 30 calendar days prior to the mailing of the periodic billings and shall supply the utility with the material not fewer than 20 calendar days prior to the mailing of the periodic billings.

�� (5) All material submitted by the Citizens� Utility Board for inclusion in a utility billing must include the return address of the Citizens� Utility Board. A utility is not required to deliver or forward to the Citizens� Utility Board material intended for the Citizens� Utility Board mistakenly sent to the utility. However, a utility shall retain such materials for a period of 60 days from the date of receipt. The utility shall notify the Citizens� Utility Board that such materials have been received and make these materials available to the Citizens� Utility Board on demand. [1985 c.1 �10]

�� 774.130 Mailing costs; reimbursement. (1) The Citizens� Utility Board shall not be required to pay any postage charges for materials submitted by the Citizens� Utility Board for inclusion in a utility billing if such materials weigh four-tenths of one ounce avoirdupois or less. If the materials submitted weigh over four-tenths of one ounce avoirdupois, then the Citizens� Utility Board shall reimburse the utility for a portion of the postage costs which is equal to that portion of the Citizens� Utility Board material over four-tenths of one ounce avoirdupois in proportion to the total weight of the billing. In addition to postage costs, the Citizens� Utility Board shall reimburse such other reasonable costs, as determined by the Public Utility Commission of Oregon, incurred by a utility in complying with ORS 774.120.

�� (2) Reimbursement of a utility by the Citizens� Utility Board shall be made within 60 days of the date the utility submits to the Citizens� Utility Board an itemized statement of the costs incurred by the utility. In no event shall such reimbursement exceed the fair market value for the services provided by the utility. [1985 c.1 �11]

�� 774.140 Interference with mailings or contributions. (1) No utility, nor any of its employees, officers, members of the board of directors, agents, contractors or assignees, shall in any manner interfere with, delay, alter or otherwise discourage the distribution of any material or statement authorized by the provisions of this chapter for inclusion in periodic utility billings, nor in any manner interfere with, hamper, hinder or otherwise infringe upon a utility consumer�s right to contribute to Citizens� Utility Board, nor in any manner hamper, hinder, harass, penalize or retaliate against any utility consumer because of the consumer�s contribution to, or participation in, any activities of the Citizens� Utility Board.

�� (2) No utility may change its mailing, accounting, or billing procedures if such change will hamper, hinder, or otherwise interfere with the ability of the Citizens� Utility Board to distribute materials or statements authorized by this chapter. [1985 c.1 �12]

�� 774.160 Disposition of complaints. Citizens� Utility Board may submit to the appropriate agency any complaint it receives regarding a utility company. Public agencies shall periodically inform Citizens� Utility Board of any action taken on complaints received pursuant to this section. [1985 c.1 �13]

�� 774.180 Intervention in agency proceedings affecting utility consumers; standing to obtain judicial or administrative review. Notwithstanding any other provision of law:

�� (1) Whenever the board determines that any agency proceeding may affect the interests of utility consumers, Citizens� Utility Board may intervene as of right as an interested party or otherwise participate in the proceeding.

�� (2) Citizens� Utility Board shall have standing to obtain judicial or administrative review of any agency action, and may intervene as of right as a party or otherwise participate in any proceeding which involves the review or enforcement of any action by an agency, if the board determines that the action may affect the interests of utility consumers. [1985 c.1 �14]

�� 774.190 Applicability of certain laws to board; protection from liability. (1) ORS 279.835 to 279.855 and

ORS 822.020

822.020 and pursuant to a franchise from a manufacturer, distributor or importer engages in buying, selling, leasing or exchanging new motor vehicles.

�� (2) �Dealership� means the location from which a dealer buys, sells, leases, trades, stores, takes on consignment or in any other manner deals in new motor vehicles.

�� (3) �Distributor� means:

�� (a) A person that sells or distributes motor vehicles other than motor homes to motor vehicle dealers; and

�� (b) A subsidiary, affiliate, branch or division of a person described in paragraph (a) of this subsection.

�� (4) �Fleet owner� means a person in this state that at one time buys or leases for use in a business:

�� (a) 15 or more motor vehicles with a gross vehicle weight rating of less than 8,500 pounds; or

�� (b) 50 or more vehicles with a gross vehicle weight rating of 8,500 pounds or more.

�� (5) �Franchise� means a contract or agreement under which:

�� (a) The franchisee is granted the right to sell, lease and exchange new motor vehicles manufactured, distributed or imported by the franchisor;

�� (b) The franchisee�s business is an independent business operating as a component of a distribution or marketing system prescribed in substantial part by the franchisor;

�� (c) The franchisee�s business is substantially associated with the trademark, trade name, commercial symbol or advertisements designating the franchisor or the products distributed by the franchisor;

�� (d) The franchisee�s business is substantially reliant on the franchisor for a continued supply of motor vehicles, parts and accessories;

�� (e) The franchisee is granted the right to perform warranty repairs authorized by the franchisor; and

�� (f) The franchisee is granted the right to sell, install and exchange parts, equipment and accessories manufactured, distributed or imported by the franchisor for use in or on motor vehicles.

�� (6) �Franchisee� means a dealer that is granted a franchise.

�� (7) �Franchisor� means a manufacturer, distributor or importer that grants a franchise to a dealer.

�� (8) �Importer� means a person that transports or arranges for the transportation of any foreign manufactured new motor vehicle into the United States for sale in this state.

�� (9) �Manufacturer� means:

�� (a) A person that:

�� (A) Manufactures or assembles motor vehicles; or

�� (B) Manufactures or installs a special body or equipment on a previously assembled truck chassis, the combination of which is a major manufacturing alteration of the previously assembled truck chassis and forms an integrated motor vehicle, other than a motor home, that the person owns; and

�� (b) A subsidiary, affiliate, branch or division of a person described in paragraph (a) of this subsection.

�� (10) �Manufacturer�s suggested retail price� means the retail price of the new motor vehicle suggested by the manufacturer, including the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the dealer that is not included within the retail price suggested by the manufacturer for the new motor vehicle without the accessory or optional equipment.

�� (11) �Motor home� means a motor vehicle that is designed to provide temporary living quarters, that is built into an integral part of, or is permanently attached to, a self-propelled motor vehicle chassis or van and that has permanently installed independent life support systems that provide at least four of the following facilities:

�� (a) Cooking;

�� (b) Refrigeration or an ice box;

�� (c) A self-contained toilet;

�� (d) Heating or air conditioning;

�� (e) A potable water supply system including a faucet and sink; or

�� (f) A separate 110-120 volt electrical power supply or liquefied petroleum gas supply.

�� (12) �Motor vehicle� means:

�� (a) A self-propelled device, other than a motor home, used:

�� (A) For transportation of persons or property upon a public highway; or

�� (B) In construction; or

�� (b) A trailer with a gross vehicle weight rating of 20,000 pounds or more that is used for commercial transportation on a public highway.

�� (13) �Predecessor in interest� means a manufacturer, distributor or importer that transferred to another manufacturer, distributor or importer, whether through sale or other means, the right to manufacture, distribute or import motor vehicles using the manufacturer�s, distributor�s or importer�s trademark, service mark, trade name, logotype or other commercial symbol.

�� (14) �Qualified vendor� means a person with a contract or agreement to sell goods or services to a manufacturer, distributor or importer.

�� (15) �Relevant market area� means:

�� (a) For a dealer primarily of motor vehicles with a gross vehicle weight rating of less than 8,500 pounds, a circular area around an existing dealership of:

�� (A) Not less than a 10-mile radius from the dealership site;

�� (B) Not less than a 15-mile radius from the dealership site if the population is less than 250,000 within a 10-mile radius from the existing dealership and 150,000 or more within a 15-mile radius from the existing dealership;

�� (C) Not less than a 20-mile radius from the dealership site if the population is less than 150,000 within a 15-mile radius from the existing dealership; or

�� (D) The area of sales and service responsibility determined under the franchise agreement if the area is larger than the areas provided for in this paragraph.

�� (b) For a dealer primarily of motor vehicles with a gross vehicle weight rating of 8,500 pounds or more, a circular area around an existing dealership of:

�� (A) Not less than a 25-mile radius from the dealership site; or

�� (B) The area of sales and service responsibility determined under the franchise agreement if the area is larger than the area provided for in subparagraph (A) of this paragraph.

�� (16) �Replacement dealer� means any person that, at a dealership where the former dealer was franchised by the same manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s predecessor in interest, has been issued a vehicle dealer certificate under ORS 822.020 and pursuant to a franchise from a manufacturer, distributor or importer, or the manufacturer�s, distributor�s or importer�s predecessor in interest, engages in buying, selling, leasing or exchanging new motor vehicles.

�� (17) �Site-control agreement� means an agreement between a franchisor and franchisee pursuant to which the franchisor would:

�� (a) Control the use and development of a dealership site other than as permitted in ORS 650.120 to 650.173;

�� (b) Require a franchisee to establish or maintain an exclusive dealership under a franchise agreement with the franchisor by not investing in, managing or sharing another dealership with a different franchisor; or

�� (c) Restrict the ability of a franchisee, or if the franchisee leases the dealership, the ability of the franchisee�s lessor, to transfer, assign, sell, lease, develop or change the use of the dealership site.

�� (18) �Successor in interest� means a manufacturer, distributor or importer that acquires, whether through purchase, transfer or other means, the right to manufacture, distribute or import motor vehicles using the trademark, service mark, trade name, logotype or other commercial symbol of another manufacturer, distributor or importer. [1980 c.3 �1; 1993 c.216 �1; 1999 c.660 �1; 2001 c.216 �1; 2001 c.825 �1; 2003 c.411 �1; 2005 c.211 �1; 2009 c.627 �3; 2009 c.790 �11; 2011 c.177 �1; 2025 c.50 �1]

�� 650.123 Use of protected dealer data; prohibitions; liabilities. (1) As used in this section:

�� (a) �Access fee� means a requirement to pay money for access to protected dealer data.

�� (b)(A) �Authorized integrator� means a person with which a dealer has a contractual relationship or to which the dealer otherwise gives express written authorization to have access to protected dealer data stored on a dealer data system or to write protected dealer data to the dealer data system for the purpose of performing a specific function for the dealer.

�� (B) �Authorized integrator� does not include:

�� (i) A manufacturer, distributor or importer or any entity that is a subsidiary or affiliate of, or acts on behalf of, a manufacturer, distributor or importer; or

�� (ii) A governmental body or other person that is acting in accordance with federal, state or local law or a valid court order.

�� (c) �Dealer data system� means software, hardware or firmware that a dealer leases or rents from a dealer management system provider for the purpose of storing protected dealer data.

�� (d) �Dealer management system provider� means a person that for compensation maintains and provides access to a dealer data system in which a dealer stores protected dealer data.

�� (e) �Protected dealer data� means:

�� (A) Personal data or financial data about a consumer that a dealer generated or that the consumer provided to the dealer and that is not otherwise publicly available; and

�� (B) Any other data to which a dealer has rights in connection with the dealer�s daily business operations and stores or maintains in a dealer data system.

�� (2) A dealer management system provider may:

�� (a) Condition a dealer�s or authorized integrator�s access to and ability to receive, share, copy, use, write or transmit protected dealer data from or to a dealer data system on the dealer�s or authorized integrator�s compliance with security standards;

�� (b) Require an authorized integrator to have express written authorization from a dealer before allowing the authorized integrator to gain access to, receive, share, copy, use or transmit protected dealer data; and

�� (c) Deny access to a dealer data system to a dealer if the dealer fails to pay an amount due to the dealer management system provider under a lease, contract or other agreement concerning the dealer�s access to or use of the dealer data system.

�� (3) Except as provided in subsection (2) of this section, a dealer management system provider may not take any action that would limit or prohibit a dealer�s or an authorized integrator�s ability to receive, protect, store, copy, share or use protected dealer data using means that include, but are not limited to:

�� (a) Imposing an access fee on a dealer or authorized integrator.

�� (b) Restricting a dealer or an authorized integrator from sharing protected dealer data or writing data or having access to a dealer data system. Examples of restrictions this paragraph does not permit include, but are not limited to:

�� (A) Limits on the scope or nature of protected dealer data to which a dealer or authorized integrator has access or may share or write to a dealer data system; and

�� (B) A requirement for a dealer or authorized integrator to provide sensitive or confidential business information or information that a dealer or authorized integrator uses for competitive purposes in return for access to protected dealer data or an authorization to share or write protected dealer data to a dealer data system.

�� (4) Except as otherwise provided in this section, any term or condition of a contract with a dealer management system provider that conflicts with the requirements set forth in subsection (3) of this section is void and unenforceable to the extent of the conflict.

�� (5)(a) An authorized integrator shall:

�� (A) Obtain express written authorization from a dealer before gaining access to, receiving, sharing, copying, using, writing or transmitting protected dealer data; and

�� (B) Comply with security standards in gaining access to, receiving, sharing, copying, using, writing or transmitting protected dealer data.

�� (b) A dealer may withdraw, revoke or amend any express written authorization the dealer provides under paragraph (a)(A) of this subsection:

�� (A) At the dealer�s sole discretion, if the dealer gives 30 days� prior notice to an authorized integrator; or

�� (B) Immediately, for good cause.

�� (6)(a) This section does not prevent a dealer, a dealer management system provider or an authorized integrator from discharging the dealer�s, dealer management system provider�s or authorized integrator�s obligations under federal, state or local law to secure and prevent unauthorized access to protected dealer data, or from limiting the scope of the obligations, in accordance with federal, state or local law.

�� (b) A dealer management system provider is not liable for any action that a dealer takes directly with respect to securing or preventing unauthorized access to protected dealer data, or for actions that an authorized integrator takes in appropriately following the dealer�s written instructions for securing or preventing unauthorized access to protected dealer data, to the extent that the actions prevent the dealer management system provider from meeting a legal obligation to secure or prevent unauthorized access to protected dealer data.

�� (c) A dealer is not liable for any action that an authorized integrator takes directly with respect to securing or preventing unauthorized access to protected dealer data, or for actions that the authorized integrator takes in appropriately following the dealer�s written instructions for securing or preventing unauthorized access to protected dealer data, to the extent that the actions prevent the dealer from meeting a legal obligation to secure or prevent unauthorized access to protected dealer data.

�� (d) An authorized integrator is not liable for any action that a dealer takes directly with respect to securing or preventing unauthorized access to protected dealer data, or for actions that the dealer takes in appropriately following the authorized integrator�s written instructions for securing or preventing unauthorized access to protected dealer data, to the extent that the actions prevent the authorized integrator from meeting a legal obligation to secure or prevent unauthorized access to protected dealer data. [2019 c.500 �2]

�� 650.130 Prohibited conduct by manufacturer, distributor or importer. Notwithstanding the terms of any franchise or other agreement, a manufacturer, distributor or importer may not:

�� (1) Require or attempt to require a dealer to accept delivery of any motor vehicle, part, accessory or any other commodity that the dealer did not voluntarily order. This subsection does not apply to recall safety and emissions campaign parts that the dealer did not voluntarily order or to any vehicle features, parts, accessories or other components mandated by federal, state or local law.

�� (2) Coerce or attempt to coerce a dealer to enter into any agreement or sales promotion program by threatening to cancel the dealer�s franchise.

�� (3) Refuse or fail to deliver, within a reasonable time and in a reasonable quantity, any new motor vehicle, part or accessory covered by the franchise if the manufacturer, distributor or importer advertises the vehicle, part or accessory as available for delivery or is delivering the vehicle, part or accessory to another dealer. This subsection does not apply if the failure to deliver results from a cause beyond the control of the manufacturer, distributor or importer.

�� (4) Prevent or attempt to prevent a dealer from making reasonable changes in a dealership�s capital structure or the means by which a dealer finances the dealership, provided that the dealer meets any reasonable capital requirement of the manufacturer, distributor or importer.

�� (5) Unreasonably refuse to compensate a dealer for work or services the dealer performed and expenses the dealer incurred in accordance with the dealer�s delivery, preparation and warranty obligations under the terms of a franchise or agreement.

�� (6) Coerce or attempt to coerce a dealer to participate monetarily in any advertising campaign or contest, or to purchase any promotional materials, display devices or display decorations or materials at the dealer�s expense.

�� (7) Establish a maximum price a dealer may charge for motor vehicles with a gross vehicle weight rating of less than 8,500 pounds.

�� (8) Initiate an audit to determine the validity of paid claims for dealer compensation, or for any charge-backs for warranty parts, service compensation or consumer or dealer incentives, more than one year following the date of payment unless the manufacturer, distributor or importer has reasonable grounds to believe that the dealer submitted a fraudulent claim. If a manufacturer, distributor or importer initiates an audit more than one year following the date of payment, the manufacturer, distributor or importer may charge back to the dealer only the amount of a claim that the manufacturer, distributor or importer proves was fraudulent. Parties shall cooperate to ensure that permitted audits conclude not more than 60 days after the audits begin.

�� (9) Unfairly compete with a dealer in any matters the franchise governs including, but not limited to, the sale or allocation of vehicles or other franchisor products, or the execution of dealer programs or benefits. This subsection applies if the manufacturer, distributor or importer has an ownership interest in, operates or controls, directly or indirectly, a business that is a dealer in this state.

�� (10) Implement or modify a system for selling or leasing motor vehicles that does not:

�� (a) Use customer dealer selection or other objective criteria to allocate the motor vehicles, if the manufacturer, distributor or importer designs or controls the system; and

�� (b) Make available to dealers a description of the rules and requirements for making reservations through the system, or changes to the rules and requirements, at least 30 days before implementing the system or making the change.

�� (11) Have an ownership interest in, operate or control, directly or indirectly, a business that sells or leases a motor vehicle to a person in this state except to a franchisee of the manufacturer, distributor or importer. A manufacturer, distributor or importer does not violate this subsection if:

�� (a) The manufacturer, distributor or importer:

�� (A) Has an ownership interest in, operates or controls, directly or indirectly, a business that is a dealership in this state and is a business that:

�� (i) A franchisee owned, operated or controlled before the manufacturer, distributor or importer acquired the ownership interest in or began to operate or control the business;

�� (ii) The manufacturer, distributor or importer maintains an ownership interest in, operates or controls for no more than two years; and

�� (iii) The manufacturer, distributor or importer offers for sale to a qualified independent person at a fair and reasonable price while the manufacturer, distributor or importer maintains an ownership interest in, operates or controls the business.

�� (B) Has a part ownership interest in, operates or controls, directly or indirectly, a business that is a dealership in this state and another person:

�� (i) Manages the day-to-day operations and business of the dealership;

�� (ii) Has made, or is obligated to make within 12 months, a significant capital investment in the dealership that is subject to loss;

�� (iii) Has an ownership interest in the dealership; and

�� (iv) Operates the dealership under a franchise through which the person will within 15 years acquire full ownership of the dealership under reasonable terms and conditions.

�� (C) As of January 1, 2000, had an ownership interest in, operated or controlled, directly or indirectly, a business that is a dealership in this state that sells motor vehicles with a gross vehicle weight rating of 8,500 pounds or more.

�� (D) Has an ownership interest in, operates or controls, directly or indirectly, a business that primarily leases or rents motor vehicles for a period of 12 months or less and the only motor vehicles that the business sells are motor vehicles that have been:

�� (i) Owned by the business for 180 days or more; or

�� (ii) Driven more than 10,000 miles while owned by the business.

�� (E)(i) Has an ownership interest in, operates or controls, directly or indirectly, a business that finances the sale or lease of motor vehicles; and

�� (ii) Is a business that sells or leases motor vehicles to retail lessees in this state.

�� (F) Has an ownership interest in, operates or controls, directly or indirectly, a business that makes a sale or lease of a motor vehicle in a manner that does not violate subsection (12) of this section.

�� (b) A manufacturer has a part ownership interest in, operates or controls, directly or indirectly, a business that is a dealership in this state that buys, sells, leases, trades, stores, takes on consignment or in any other manner deals exclusively in a single line-make of the manufacturer and:

�� (A) The manufacturer has, directly or indirectly, no more than 45 percent of the ownership interest in the dealership;

�� (B) When the manufacturer acquires an ownership interest in the dealership, the distance from the manufacturer�s dealership to the dealership of a dealer that buys, sells, leases, trades, stores, takes on consignment or in any other manner deals in the single line-make of the manufacturer and in which the manufacturer has no ownership interest is not less than 15 miles;

�� (C) The manufacturer complies with the area restrictions in ORS 650.120 and 650.150;

�� (D) The manufacturer�s franchises authorize a dealer of the manufacturer�s single line-make to operate as many dealerships within a defined geographic area as the dealer and manufacturer agree on; and

�� (E) On January 1, 2000:

�� (i) There were no more than four dealers of the manufacturer�s single line-make in this state; and

�� (ii) Of the dealers of the manufacturer�s single line-make in this state, at least one was a franchisee that owned and operated at least two dealerships within the geographic area authorized by franchises with the manufacturer.

�� (12) Sell or lease a motor vehicle to a person in this state other than to a business described in subsection (11) of this section or to a franchisee of the manufacturer, distributor or importer. A manufacturer, distributor or importer does not violate this subsection if:

�� (a) The manufacturer, distributor or importer sells or leases a motor vehicle to:

�� (A) An employee, retired employee or family member of an employee or retired employee of the manufacturer, distributor or importer;

�� (B) A driver training program;

�� (C) A nonprofit corporation;

�� (D) A qualified vendor;

�� (E) A public agency, as defined in ORS 537.515;

�� (F) A current retail lessee;

�� (G) A fleet owner;

�� (H) A business acting as a vehicle dealer under ORS chapter 822 that sells motor vehicles only to other vehicle dealers; or

�� (I) The customers of a business acting as a vehicle dealer under ORS chapter 822 that sells motor vehicles only to other vehicle dealers.

�� (b) The sale or lease is by a business in this state that primarily leases or rents motor vehicles for a period of 12 months or less and the only motor vehicles that the business sells are motor vehicles that have been:

�� (A) Owned by the business for 180 days or more; or

�� (B) Driven more than 10,000 miles while owned by the business.

�� (c) The sale or lease is by a subsidiary of a manufacturer, distributor or importer that finances the sale or lease of motor vehicles and the sale or lease is to a person that previously leased the vehicle from the subsidiary.

�� (13)(a) Own, operate or control a business or enter into any contract, agreement or other written instrument that permits the manufacturer, distributor or importer to compensate a person that is not a dealer for performing warranty repairs and services if the business is located within a dealer�s relevant market area.

�� (b) Paragraph (a) of this subsection does not apply to:

�� (A) Warranty repairs and services performed on motor vehicles with a gross vehicle weight rating of less than 8,500 pounds provided for commercial or government fleets; or

�� (B) Warranty repairs and services performed on motor vehicles with a gross vehicle weight rating of 8,500 pounds or more if, after January 1, 2002, a manufacturer, distributor or importer of only motor vehicles with a gross vehicle weight rating of 8,500 pounds or more has:

�� (i) Obtained written permission from the dealers in the relevant market area to perform the repairs or services; or

�� (ii) Authorized a person that owns or leases the motor vehicles for use in the person�s business to perform the repairs or services.

�� (14) Terminate, cancel, fail to renew or fail to approve the sale, transfer or assignment of any franchise agreement because the dealer owns, has an investment in, participates in the management of or holds a franchise agreement with another manufacturer, distributor or importer at a different dealership site, or has franchises with more than one manufacturer, distributor or importer sharing the same dealership site, facilities, personnel or display space before October 23, 1999.

�� (15) Terminate, cancel, fail to renew or fail to approve the sale, transfer or assignment of any franchise agreement because the dealer owns, has an investment in, participates in the management of or holds a franchise agreement with another manufacturer, distributor or importer at a different dealership site, or has franchises with more than one manufacturer, distributor or importer sharing the same dealership site, facilities, personnel or display space on or after January 1, 2012, provided the dealer complies with the manufacturer�s, distributor�s or importer�s reasonable capitalization and financial requirements, reasonable space and facility requirements and other requirements that are justified taking into account the reasonable business considerations of the manufacturer, distributor or importer and the dealer, and provided there is no change in the principal management of the dealership site.

�� (16)(a) Require a prospective franchisee to enter into a site-control agreement as a condition of:

�� (A) Granting or renewing a franchise;

�� (B) Approving the addition of a line-make of a manufacturer;

�� (C) Approving the sale, transfer or assignment of a franchise agreement;

�� (D) Approving the relocation, or granting a new franchise for relocation, of an existing dealership; or

�� (E) Obtaining fair and reasonable compensation under ORS 650.145 upon the termination, cancellation, nonrenewal or discontinuance of any franchise.

�� (b) Paragraph (a) of this subsection does not prohibit enforcement of a voluntary agreement between a franchisee and a manufacturer, distributor or importer for which separate and valuable consideration that does not include any of the items listed in paragraph (a) of this subsection has been offered and accepted.

�� (17) Take any adverse action against a dealer for violating a prohibition that the manufacturer, distributor or importer imposes on the dealer�s exporting a motor vehicle or selling a motor vehicle for resale because the dealer sold a motor vehicle to a customer that exported or resold the motor vehicle in violation of the prohibition, unless the manufacturer, distributor or importer provided the dealer with written notice of the prohibition and the dealer knew or reasonably should have known at the time the dealer sold the motor vehicle to the customer that the customer intended to export or resell the vehicle in violation of the prohibition. A dealer that registers or causes a motor vehicle to be registered in this state or another state and that collects or causes to be collected any sales or use tax required in this state establishes a rebuttable presumption that the dealer did not have reason to know that the customer intended to export or resell the motor vehicle.

�� (18)(a) Charge a fee to a consumer to sell, lease, provide, update or finance or offer to sell, lease, provide, update or finance, except as provided in paragraph (b) of this subsection:

�� (A) A subscription service that uses components and hardware that are already installed on a motor vehicle, and that would operate after activation without ongoing cost or support, in exchange for a recurring payment, other than a payment for a lease or under a retail installment contract, as defined in ORS

ORS 83.190

83.190 shall forfeit and pay a civil penalty of not more than $1,000. For the purpose of this section the circuit court issuing any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the state may petition for the recovery of civil penalties. [1963 c.489 �21]

MOTOR VEHICLES; MOBILE HOMES

�� 83.510 Definitions for ORS 83.510 to 83.680. As used in ORS 83.510 to 83.680 except where the context otherwise requires:

�� (1) �Cash sale price� means the price for which the motor vehicle dealer would sell to the buyer, and the buyer would buy from the motor vehicle dealer, the motor vehicle that is covered by the retail installment contract, if the sale were a sale for cash instead of a retail installment sale. The cash sale price may include any taxes, registration, license and other fees and charges for accessories and their installation and for delivering, servicing, repairing or improving the motor vehicle.

�� (2) �Finance charge� means that part of the time sale price that exceeds the aggregate of the cash sale price, the amounts, if any, included in a retail installment sale for insurance and other benefits, and official fees.

�� (3)(a) �Financing agency� means a person engaged, in whole or in part, in purchasing or otherwise acquiring retail installment contracts or retail lease agreements from one or more motor vehicle dealers or retail lessors. �Financing agency� includes, but is not limited to, financial institutions, as defined in ORS 706.008, and consumer credit companies, if so engaged. �Financing agency� also includes a motor vehicle dealer or retail lessor engaged, in whole or in part, in the business of holding retail installment contracts or retail lease agreements acquired from retail buyers or retail lessees.

�� (b) �Financing agency� does not include the pledgee or other holder of more than one retail installment contract or retail lease agreement pledged or otherwise given by a motor vehicle dealer or a transferee from the motor vehicle dealer to a lender as collateral security for a loan made to the motor vehicle dealer or transferee of the motor vehicle dealer.

�� (4) �Holder� of a retail installment contract or retail lease agreement means the motor vehicle dealer or retail lessor of the motor vehicle covered by the contract or lease or, if the contract or lease is purchased or otherwise acquired by a financing agency or other assignee, the financing agency or other assignee.

�� (5) �Mobile home� means a structure, transportable in one or more sections, that is eight body feet or more in width and 32 body feet or more in length, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. �Mobile home� includes the plumbing, heating, air conditioning and electrical systems contained within the structure.

�� (6)(a) �Motor vehicle� or �vehicle� means:

�� (A) A self-propelled device used for transportation of person or property upon a public highway.

�� (B) A trailer, semitrailer, mobile home or trailer home.

�� (b) �Motor vehicle� or �vehicle� does not include tractors, power shovels, road machinery, agricultural machinery, boat trailers or other machinery not designed primarily for highway transportation, which may be used incidentally to transport persons or property on a public highway, or devices that move upon or are guided by a track or travel through the air.

�� (7) �Motor vehicle dealer� means any person who sells, trades, leases, displays or offers for sale, trade, lease or exchange motor vehicles pursuant to a retail installment contract or retail lease agreement or who offers to negotiate or purchase motor vehicles on behalf of third parties pursuant to a retail installment contract or retail lease agreement.

�� (8) �Official fees� means the filing or other fees required by law to be paid to a public officer to perfect the interest or lien, in or on a motor vehicle, retained or taken by a motor vehicle dealer under a retail installment contract or retail lease agreement, and to file or record a release, satisfaction or discharge of the contract.

�� (9) �Person� means individual, partnership, corporation, association or other group, however organized.

�� (10) �Retail buyer� or �buyer� means a person who buys a motor vehicle from a motor vehicle dealer and who executes a retail installment contract in connection therewith.

�� (11) �Retail installment contract� or �contract� means an agreement, entered into in this state, pursuant to which the title to, the property in or a lien upon a motor vehicle, which is the subject matter of a retail installment sale, is retained or taken by a motor vehicle dealer from a retail buyer as security, in whole or in part, for the buyer�s obligation. �Retail installment contract� or �contract� includes a chattel mortgage, a conditional sales contract and a contract for the bailment or leasing of a motor vehicle by which the bailee or lessee contracts to pay as compensation for its use a sum substantially equivalent to or in excess of its value and by which it is agreed that the bailee or lessee is bound to become, or for no other or for a merely nominal consideration has the option of becoming, the owner of the motor vehicle upon full compliance with the terms of the contract.

�� (12)(a) �Retail installment sale� or �sale� means a sale of a motor vehicle by a motor vehicle dealer to a retail buyer for a time sale price payable in one or more installments, payment of which is secured by a retail installment contract. �Retail installment sale� or �sale� includes a bailment or leasing as described in subsection (11) of this section.

�� (b) �Retail installment sale� or �sale� does not include a sale of a motor vehicle for resale in the ordinary course of the buyer�s business.

�� (13) �Retail lease� means a lease of a motor vehicle by a retail lessor to a retail lessee, payment of which is secured by a retail lease agreement. �Retail lease� does not include a lease that constitutes a retail installment contract.

�� (14) �Retail lease agreement� means an agreement entered into in this state between a retail lessor and a retail lessee for the lease of a motor vehicle. The agreement shall be in the form of a bailment or lease for the use of a motor vehicle by an individual for personal, family or household purposes, whether or not the retail lessee has the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the lease.

�� (15) �Retail lessee� means a person who leases a motor vehicle from a retail lessor by entering into a retail lease agreement.

�� (16) �Retail lessor� means a motor vehicle dealer who transfers an interest in or supplies a motor vehicle to a retail lessee, regardless of whether or not the motor vehicle dealer is identified as the retail lessor on the retail lease agreement.

�� (17) �Time sale price� means the aggregate of the cash sale price of the motor vehicle, the amount, if any, included for insurance and other benefits, official fees and the finance charge. [1957 c.625 �1; 1979 c.304 �1; 1979 c.816 �1a; 1987 c.674 �1; 1997 c.631 �383; 2001 c.104 �25; 2001 c.117 �1]

�� 83.520 Form and contents of retail installment contract. (1) A retail installment contract shall be in writing, shall contain all the agreements of the parties, shall contain the names of the motor vehicle dealer and the buyer, the place of business of the motor vehicle dealer, the residence or place of business of the buyer as specified by the buyer and a description of the motor vehicle including its make, year model, model and identification numbers or marks, and shall be signed by the buyer and the motor vehicle dealer.

�� (2) The printed portion of the contract shall be in at least 8-point type. The contract shall contain in printing or writing of a size equal to at least 10-point bold type, the following:

�� (a) Both at the top of the contract and directly above the space reserved for the signature of the buyer, the words �RETAIL INSTALLMENT CONTRACT�;

�� (b) A specific statement that liability insurance coverage for bodily injury and property damage caused to others is not included, if that is the case; and

�� (c) The following notice:

NOTICE TO THE BUYER

�� Do not sign this contract before you read it or if it contains any blank space, except that:

�� (1) If delivery of the motor vehicle or mobile home is to be made to you after this contract is signed, the serial number or other identifying information and the due date of the first installment may be filled in at the time of delivery; and

�� (2) If the name of the financing agency is not known at the time the contract is executed, the name of the financing agency may be inserted in the contract on or about the date the name of the financing agency is known.

�� You are entitled to a copy of this contract.

�� You have the right to pay off in advance the full amount due and to obtain a partial refund of the finance charge.

�� (3) The contract shall contain the following items:

�� (a) The cash sale price of the motor vehicle which is the subject matter of the retail installment sale.

�� (b) The amount of the buyer�s down payment, itemizing the amounts, if any, paid or credited in money or in goods and containing a brief description of the goods traded in.

�� (c) The difference between the items set forth in paragraphs (a) and (b) of this subsection.

�� (d) The amount, if any, included for insurance and other benefits, specifying the coverages and benefits. For purposes of this paragraph, �other benefits� includes any amounts actually paid or to be paid by the motor vehicle dealer pursuant to an agreement with the buyer to discharge a security interest, lien or lease interest on property traded in.

�� (e) The amount, if any, of official fees.

�� (f) The principal balance, which is the sum of the items set forth in paragraphs (c), (d) and (e) of this subsection.

�� (g) The amount of the finance charge.

�� (h) The time balance, which is the sum of the items set forth in paragraphs (f) and (g) of this subsection.

�� (i) The time sale price.

�� (j) A plain and concise statement of the amount in dollars of each installment or future payment to be made by the buyer, the number of installments required, and the date or dates at which, or period or periods in which, the installments are due.

�� (4) The contract may contain additional items to explain the calculations involved in determining the stated time balance to be paid by the buyer. [1957 c.625 ��2,3,5; 1979 c.816 �2; 1995 c.519 �3; 1999 c.525 �1; 2001 c.117 �5]

�� 83.530 Filling blanks. (1) Except as provided in subsection (2) of this section, a retail installment contract shall not be signed by any party to the contract when the contract contains blank spaces to be filled in after the contract is executed.

�� (2) A retail installment contract may be signed by any party to the contract when the contract contains blank spaces to be filled in after the contract is executed under the following conditions:

�� (a) If delivery of the motor vehicle is not made at the time of execution, the identifying numbers or marks of the motor vehicle or similar information and the due date of the first installment may be inserted in the contract on or about the date of delivery.

�� (b) If the name of the financing agency is not known at the time the contract is executed, the name of the financing agency may be inserted in the contract on or about the date the name of the financing agency is known. [1957 c.625 �8; 1995 c.519 �4]

�� 83.540 Delivery of copy of contract to buyer. The motor vehicle dealer shall deliver to the buyer, or mail to the buyer at the address shown on the contract, a copy of the contract signed by the motor vehicle dealer. Until the motor vehicle dealer does so, a buyer who has not received delivery of the motor vehicle shall have an unconditional right to cancel the contract and to receive immediate refund of any amount paid and redelivery of all goods delivered or traded in to the motor vehicle dealer on account of or in contemplation of the contract. An acknowledgment by the buyer of delivery of a copy of the contract shall be printed or written in a size equal to at least 10-point bold type and, if contained in the contract, shall also appear directly above the legend required above the buyer�s signature by ORS 83.520 (2)(a). [1957 c.625 �4; 2001 c.117 �6]

�� 83.550 [1957 c.625 �8; repealed by 1961 c.458 �1]

�� 83.560 Finance charge. A motor vehicle dealer may, in a retail installment contract, contract for and charge, receive and collect a finance charge agreed upon by the motor vehicle dealer and buyer. [1957 c.625 ��19,20,21; 1979 c.816 �3; 1981 c.412 �2; 2001 c.117 �7]

�� 83.565 Finance charge computed by actuarial method; requirements; notice. (1) Notwithstanding any other provision of ORS 83.510 to 83.680 and 83.820 to 83.895, a motor vehicle dealer, in a retail installment contract, may contract for and charge, receive and collect a finance charge computed by the actuarial method.

�� (2) When a retail installment contract provides for a finance charge computed by the actuarial method:

�� (a) The retail installment contract may provide for any other charge, cost or fee allowed under ORS 83.510 to 83.680 and 83.820 to 83.895, in addition to the finance charge.

�� (b) The amount to be disclosed as the finance charge and used as the finance charge component of the other amounts disclosed pursuant to ORS 83.510 to 83.680 and 83.820 to

ORS 830.210

830.210 to 830.420 and 830.475 to 830.490. [Formerly 488.025; 2019 c.155 �3]

�� 830.415 Records of operator of boat livery. The operator of a boat livery shall make and preserve for at least six months a written record of:

�� (1) The name of each person who hires a boat from the livery.

�� (2) The identifying number of the boat.

�� (3) The date on which the boat is hired, and the hour of departure from the livery.

�� (4) The expected date and hour of return.

�� (5) The date and hour of return. [Formerly 488.098]

�� 830.420 Minimum equipment requirements for rental or charter boats; rules; inspection; cancellation or revocation of certificate for failure to comply. (1) The State Marine Board shall provide by rule minimum equipment requirements for boats rented or chartered to the public. The rules shall be made in accordance with ORS chapter 183.

�� (2) Designated representatives of the board may annually inspect all rental or charter boats to check for the equipment required by the board. Any inspections conducted shall be coordinated with other state and federal agencies to minimize duplication of vessel inspections and boardings.

�� (3) After a hearing upon 10 days� notice to the owner of the boat, the board may cancel or revoke the certificate of number for any boat rented or chartered to the public if it does not equal or exceed the minimum equipment requirements provided by the board. [Formerly 488.026]

�� 830.425 Minimum requirements for boat livery operation. (1) A person may not act as an operator of a boat livery without a boat livery registration issued by the State Marine Board.

�� (2) Application for a boat livery registration must be made in the form prescribed by the board and must contain the following:

�� (a) The applicant�s name.

�� (b) The applicant�s business address and telephone number.

�� (c) Proof of registration with the Secretary of State, if required.

�� (d) The number and types of boats provided by the livery at the time of registration.

�� (e) Any other information the board considers necessary.

�� (3) Every two years, each operator of a boat livery shall renew the boat livery registration by submitting a renewal application in the form prescribed by the board.

�� (4) An operator of a boat livery shall display proof of compliance with this section in the form and manner prescribed by the board. [2019 c.155 �2]

CHARTER BOAT REGULATION

�� 830.430 Definitions for ORS 830.430 to 830.465 and 830.997. As used in ORS 830.430 to 830.465 and 830.997:

�� (1) �Charter boat� means:

�� (a) A boat used to carry seven or more passengers for hire for angling, sightseeing or other recreational purposes; or

�� (b) A boat that is licensed under ORS 830.447.

�� (2) �Charter boat� does not include a �passenger vessel� or �small passenger vessel,� as defined by the State Marine Board by rule, that:

�� (a) Has been inspected and documented by the United States Coast Guard;

�� (b) Carries more than 12 passengers for hire; and

�� (c) Operates east of the demarcation lines described in the International Collision Regulations at Sea of 1972 on waters identified by the board by rule. [1989 c.885 �2; 2013 c.146 �1; 2021 c.123 �3]

�� 830.435 Charter boat license; reciprocity with Washington license holders. (1) Except as otherwise provided in this section, a person may not engage in the business of carrying seven or more passengers for hire for angling, sightseeing or other recreational purposes on the waters of this state without first obtaining a charter boat license from the State Marine Board.

�� (2) A person who holds a valid license or registration issued by the State of Washington may engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes in this state without obtaining a charter boat license from the board if:

�� (a) The person operates a charter boat that leaves from and returns to a port in the State of Washington;

�� (b) The person operates the charter boat within the jurisdiction of the State of Oregon in the Pacific Ocean north of Cape Falcon, or in the Columbia River; and

�� (c) The State of Washington adopts provisions that allow a person to engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes with a valid Oregon charter boat license within the jurisdiction of the State of Washington in the Pacific Ocean south of Leadbetter Point, or in the Columbia River. [1989 c.885 �3; 1993 c.132 �1; 2005 c.115 ��2,4; 2007 c.148 �2; 2013 c.146 �4]

�� 830.437 Licensing; safety standards; rules. The State Marine Board shall adopt rules establishing:

�� (1) Licensing requirements for operators of charter boats; and

�� (2) Safety standards for charter boats. [2013 c.146 �3]

�� 830.440 License application; contents; fees; bond or financial security; transfer of license; rules. (1) An individual who desires to obtain a charter boat license shall submit a written application to the State Marine Board. The application shall include information regarding the charter boat and copies of documents and licenses regarding operation of the charter boat as required by the board by rule. The application shall be accompanied by proof that the applicant has protection against liability imposed by law covering occurrences by the operator of the charter boat, and the employees of the operator, for the payment of damages for bodily injury or death in the minimum amount of $500,000 per occurrence, at any time while engaged in carrying passengers for hire. The applicant shall certify that the charter boat complies with the equipment requirements established by the board under ORS 830.450.

�� (2) With an application submitted under subsection (1) of this section, an applicant for a charter boat license must provide evidence of the charter boat�s carrying capacity in the form of a certificate issued by the boat manufacturer or the United States Coast Guard or through a process established by the board by rule.

�� (3) The annual fee for a charter boat license is:

�� (a) For charter boats owned by residents of this state if the charter boat has license, title and number issued pursuant to ORS chapter 830, $50.

�� (b) For charter boats owned by residents of this state if the charter boat has a valid marine document issued by an agency of the federal government, $100. Payment of a fee under this paragraph is in lieu of any other fee or tax imposed by the State of Oregon for possessing, owning or operating a charter boat.

�� (c) For charter boats owned by persons who reside in a state that requires Oregon residents to pay a license fee to operate a charter boat in the waters of that state, the same fee that is charged Oregon residents to operate a charter boat in the state where the nonresident applicant resides.

�� (d) For all charter boats owned by nonresidents other than those described in paragraph (c) of this subsection, $100.

�� (4)(a) A person who applies for a license to operate a charter boat and who accepts deposits from clients in excess of $100 per person or whose agent accepts such deposits, shall submit a bond or other financial security in the amount of $5,000 to the board at the time of application. The bond or other financial security shall be held by the board for the benefit of clients of the licensee who pay a money deposit to the licensee or the licensee�s agent in anticipation of services to be received. The bond or other financial security amount shall be released to such client or clients conditioned upon a failure of the licensee or the licensee�s agent to return the deposit following cancellation of services or other failure to provide agreed upon services.

�� (b) The board shall release or retain all or any portion of a bond or other financial security as described in paragraph (a) of this subsection according to the provisions of ORS chapter 183.

�� (5) A license issued pursuant to this section is transferable to a replacement charter boat of the license holder and is transferable to the purchaser of the charter boat when the charter boat is sold. [1989 c.885 �4; 1995 c.759 �3; 2007 c.148 �3; 2013 c.146 �5]

�� 830.445 Liability insurance form; notice to board upon termination of coverage; license suspension for failure to maintain insurance. (1) The liability protection required by ORS 830.440 shall be provided in one of the following ways:

�� (a) By a policy or policies of bodily injury liability insurance described as protection and indemnity insurance in the Standard American Institute Hull Form, issued by an insurer authorized by ORS chapter 731 to transact such insurance in this state.

�� (b) By a bond or bonds, issued by a surety company or companies, authorized by ORS chapter 731 to transact such business in this state.

�� (c) By evidence of insurance issued on behalf of Lloyds of London by an insurance broker authorized by ORS chapter 731 to transact such business in this state.

�� (d) By any other evidence of liability protection approved by the State Marine Board.

�� (2) If the provider of liability protection cancels or refuses to renew the protection, the provider, not less than 30 days prior to the effective date of termination of the protection, shall notify the board in writing of the termination and its effective date. Upon receipt of a liability protection termination notice, the board shall send written notice to the charter boat operator that the board will suspend that person�s charter boat license unless proof of liability protection required by ORS 830.440 is filed with the board prior to the effective date of the proposed liability protection termination. The board may suspend a charter boat license if the licensee fails to maintain in full force and effect the liability protection required by ORS 830.440. A license that has been suspended pursuant to this section may not be reinstated until proof of liability protection required by ORS 830.440 has been filed with the board. [1989 c.885 �11; 2013 c.146 �6]

�� 830.447 Optional charter boat licensing; rules. (1) The State Marine Board, by rule, shall provide for optional charter boat licensing if the boat is used to carry fewer than seven passengers for hire for angling, sightseeing or other recreational purposes.

�� (2) Upon request of a person, the board may issue a charter boat license for a boat that meets the requirements of rules adopted under this section.

�� (3) A boat that is licensed as a charter boat under this section is subject to the same provisions, conditions, fees and other requirements as are other charter boats under this chapter. [2021 c.123 �2]

�� 830.450 Equipment requirements; rules. The State Marine Board shall establish by rule the equipment that a charter boat must carry to operate in this state. The board shall consider requiring a charter boat to carry the following types of equipment:

�� (1) If the charter boat operates on navigable waters of the United States not more than 20 miles from the nearest port:

�� (a) First-aid kit.

�� (b) Automatic bilge warning light or bell for high water condition, audible or visible from each steering station.

�� (c) Depth finder.

�� (d) Life jackets.

�� (e) Light and smoke flares.

�� (f) VHF radio with frequencies appropriate to contact the United States Coast Guard.

�� (g) Power-operated bilge pumps.

�� (h) Running lights.

�� (i) Anchor and anchor chain or line.

�� (j) Displayed ocean class United States Coast Guard operator�s license.

�� (k) Engine room space ventilation system and blower system.

�� (L) Fire extinguishers.

�� (m) Magnetic compass.

�� (n) Bailing buckets or hand-operated bilge pump.

�� (o) Installed electronic position fixing device or radar navigational equipment.

�� (p) Emergency Position Indicator Radio Beacon device (EPIRB).

�� (q) Life ring.

�� (2) If the charter boat operates on navigable waters of the United States more than 20 miles from the nearest port, in addition to the equipment specified in subsection (1) of this section:

�� (a) Life raft or unsinkable shore boat.

�� (b) Navigational charts for the area in which the charter boat is operating.

�� (c) Water lights.

�� (3) If the charter boat operates on state waters:

�� (a) First-aid kit.

�� (b) Automatic bilge warning light or bell for high water condition, audible or visible from each steering station.

�� (c) Depth finder.

�� (d) Life jackets.

�� (e) Light and smoke flares.

�� (f) Power-operated bilge pumps.

�� (g) Running lights.

�� (h) Anchor and anchor chain or line.

�� (i) Engine room space ventilation system and blower system.

�� (j) Fire extinguishers.

�� (k) Magnetic compass.

�� (L) Bailing buckets or hand-operated bilge pump.

�� (m) Life ring. [1989 c.885 �5; 2013 c.146 �7]

�� 830.460 Prohibited activities. (1) A person may not make any false statement of material fact in submitting an application for a charter boat license under ORS 830.440.

�� (2) A person may not operate a charter boat to engage in activities for which a charter boat license is required:

�� (a) If the State Marine Board or a representative of the board determines upon inspection that, or if a peace officer issues a citation because, the charter boat fails to comply with any equipment requirements imposed by the board pursuant to ORS

ORS 90.317

90.317, 105.836 to 105.842, 455.360 and 476.725 shall be known and may be cited as the Lofgren and Zander Memorial Act. [2009 c.591 �15]

RADON HAZARDS AND METHODS FOR TESTING AND MITIGATION

�� 105.848 Radon information for potential buyers of one and two family dwellings. (1) The Real Estate Agency shall provide information to alert potential buyers of one and two family dwellings to issues concerning radon in the dwellings. The information may include, but need not be limited to, radon hazard potential and methods of testing for and mitigating radon. The agency may collaborate with public or private entities to provide the information.

�� (2) The agency shall place the information described in subsection (1) of this section on the agency�s website and make printed copies of the information available to the public. The agency may charge a reasonable fee for providing a printed copy of the information.

�� (3) The agency shall encourage public and private entities dealing with potential buyers of one and two family dwellings to post the information described in subsection (1) of this section on entity websites and to assist in making printed copies of the information available to the public. [2010 c.83 �3]

ACTION FOR REDUCED COMMERCIAL PROPERTY VALUE RESULTING FROM STREET USE RESTRICTION

�� 105.850 �Commercial property� defined for ORS 105.850 to 105.870. As used in ORS 105.850 to 105.870, �commercial property� means land and improvements used in a business operated thereon for the production of income, one of the principal aspects of which is the storing of motor vehicles or the providing of lodging to travelers using private conveyances. [1973 c.702 �1]

�� 105.855 Requirement to compensate commercial property owners for reduced value of property caused by street use restriction; effect of other access to property. Whenever after January 1, 1973, a city or mass transit district, whether or not acting pursuant to its police powers or condemnation authority, restricts use of the street traffic lane immediately adjacent to a sidewalk abutting commercial property to public conveyances and the existing access to that property by the general public by means of private conveyances is thereby prohibited or materially restricted for more than six hours in any 24-hour period, the city or mass transit district shall be liable for and shall pay the difference between the fair market value of the property prior to the restriction and the fair market value of the property subsequent to the restriction, taking into account any special benefits to the property resulting from improvements made by the city or mass transit district in connection with the restriction. The fact that other access to the property from a public way is available shall relieve the city or mass transit district from liability if the other access is reasonably equal to the access prohibited or materially restricted. [1973 c.702 �2]

�� 105.860 Cause of action against city for compensation; appeal procedure; intervention. Any person having any right, title or interest in any such abutting real property has a cause of action against the city to enforce payment of the compensation. Any such action may be commenced and maintained in the circuit court for the county in which the real property is situated. Any party to any such action has the right to appeal from the judgment of the circuit court as in other actions. A person having or claiming any right, title or interest in such real property may join as party plaintiff and may intervene in any action involving the real property in which the interest is claimed. [1973 c.702 �3; 2003 c.576 �241]

�� 105.865 Apportioning compensation among property owners; termination of city liability. (1) The circuit court shall, in its general judgment, apportion such just compensation as it may award among the various persons found by it to own or have some right, title or interest in such real property. The awarded compensation shall be apportioned according to the rules of law governing the distribution of awards made when real property is taken under the power of eminent domain.

�� (2) The liability of the city terminates wholly when it pays into court the sums determined by the circuit court to be just compensation. [1973 c.702 �4; 2003 c.576 �242]

�� 105.870 Limitation on commencement of action. Any cause of action granted by ORS 105.850 to 105.870 is barred unless such action is commenced within 60 days after the date upon which the change of use becomes effective and use of the streets is prohibited or restricted. [1973 c.702 �5]

SOLAR ENERGY EASEMENTS

�� 105.880 Conveyance prohibiting use of solar energy systems void. (1) No person conveying or contracting to convey fee title to real property shall include in an instrument for such purpose a provision prohibiting the use of solar energy systems by any person on that property.

�� (2) Any provision executed in violation of subsection (1) of this section after October 3, 1979, is void and unenforceable.

�� (3) For the purposes of this section, �solar energy system� means any device, structure, mechanism or series of mechanisms which uses solar radiation as a source for heating, cooling or electrical energy. [1979 c.671 �5]

�� 105.885 Definitions for ORS 105.885 to 105.895. As used in ORS 105.885 to 105.895:

�� (1) �Instrument� means a deed, contract, covenant, condition, permit or order that creates an access right to sunlight.

�� (2) �Solar energy easement� means any easement, covenant or conditions designed to insure the passage of incident solar radiation, light, air or heat across the real property of another.

�� (3) �Solar envelope� means a three-dimensional space over a lot representing height restrictions for structures and vegetation on the lot designed to protect access to sunlight for neighboring lots.

�� (4) �Sun chart� means a representation showing the plotted position of the sun. The chart shall display the path of the sun during each hour of the day and each month of the year at the nearest degree of latitude to the property. [1979 c.671 �6; 1981 c.722 �7]

�� 105.890 Solar energy easement appurtenant; termination. (1) A solar energy easement shall be appurtenant to and run with the real property benefited and burdened by such an easement.

�� (2) A solar energy easement shall terminate:

�� (a) Upon the conditions stated therein;

�� (b) By judgment of a court based upon abandonment or changed conditions; or

�� (c) At any time by agreement of all owners of benefited and burdened property. [1979 c.671 �7; 2003 c.576 �370]

�� 105.895 Requirements for easement creation by instrument; recordation. (1) Any instrument creating a solar energy easement or any other access right to sunlight shall contain:

�� (a) A legal description of the real property benefited and burdened by the easement; and

�� (b) A description of the solar energy easement sufficient to determine the space over the burdened property which must remain unobstructed by means that shall include, but not be limited to:

�� (A) A sun chart showing the plotted skyline, including vegetation and structures from the perspective of the center of the lower edge of the collector surface, and a drawing showing the size and location of the collector surface being protected and its orientation with respect to true south; or

�� (B) A description of the solar envelope sufficient to determine the space over the burdened property that must remain unobstructed.

�� (2) The instrument creating a solar energy easement or any other access right to sunlight shall be recordable under ORS 93.710. The instrument shall be recorded in the chains of title of the benefited and burdened properties as a transfer of the easement or access right from the owner of the burdened property to the owner of the benefited property.

�� (3) When an instrument creating a solar energy easement is issued by a city or otherwise requires approval from a city, the instrument shall be attested to and contain the original signature of a city official in addition to the descriptions and chart required under subsection (1) of this section.

�� (4) An instrument creating a solar energy easement shall be indexed when recorded by the name of the city and the names of all parties claiming any interest in the real property benefited or burdened by the easement. [1979 c.671 �8; 1981 c.590 �6; 1981 c.722 �8; 1991 c.230 �23]

WIND ENERGY EASEMENTS

�� 105.900 �Wind energy easement� defined for ORS 105.905 and 105.910. As used in ORS 105.905 and

ORS 90.320

90.320 or 90.730. The tenant shall not be entitled to recover damages for a landlord noncompliance with ORS 90.320 or 90.730 if the landlord neither knew nor reasonably should have known of the condition that constituted the noncompliance and:

�� (a) The tenant knew or reasonably should have known of the condition and failed to give actual notice to the landlord in a reasonable time prior to the occurrence of the personal injury, damage to personal property, diminution in rental value or other tenant loss resulting from the noncompliance; or

�� (b) The condition was caused after the tenancy began by the deliberate or negligent act or omission of someone other than the landlord or a person acting on behalf of the landlord.

�� (3) The remedy provided in subsection (2) of this section is in addition to any right of the tenant arising under subsection (1) of this section.

�� (4) The tenant may not terminate or recover damages under this section for a condition caused by the deliberate or negligent act or omission of the tenant or other person on the premises with the tenant�s permission or consent.

�� (5) If the rental agreement is terminated, the landlord shall return all security deposits and prepaid rent recoverable by the tenant under ORS 90.300. [Formerly 91.800; 1993 c.369 �8; 1995 c.559 �20; 1997 c.577 �19; 1999 c.603 �21; 1999 c.676 �13]

�� 90.365 Failure of landlord to supply essential services; remedies. (1) If contrary to the rental agreement or ORS 90.320 or 90.730 the landlord intentionally or negligently fails to supply any essential service, the tenant may give written notice to the landlord specifying the breach and that the tenant may seek substitute services, diminution in rent damages or substitute housing. After allowing the landlord a reasonable time and reasonable access under the circumstances to supply the essential service, the tenant may:

�� (a) Procure reasonable amounts of the essential service during the period of the landlord�s noncompliance and deduct their actual and reasonable cost from the rent;

�� (b) Recover damages based upon the diminution in the fair rental value of the dwelling unit; or

�� (c) If the failure to supply an essential service makes the dwelling unit unsafe or unfit to occupy, procure substitute housing during the period of the landlord�s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord�s noncompliance. In addition, the tenant may recover as damages from the landlord the actual and reasonable cost or fair and reasonable value of comparable substitute housing in excess of the rent for the dwelling unit. For purposes of this paragraph, substitute housing is comparable if it is of a quality that is similar to or less than the quality of the dwelling unit with regard to basic elements including cooking and refrigeration services and, if warranted, upon consideration of factors such as location in the same area as the dwelling unit, the availability of substitute housing in the area and the expense relative to the range of choices for substitute housing in the area. A tenant may choose substitute housing of relatively greater quality, but the tenant�s damages shall be limited to the cost or value of comparable substitute housing.

�� (2) If contrary to the rental agreement or ORS 90.320 or 90.730 the landlord fails to supply any essential service, the lack of which poses an imminent and serious threat to the tenant�s health, safety or property, the tenant may give written notice to the landlord specifying the breach and that the rental agreement shall terminate in not less than 48 hours unless the breach is remedied within that period. If the landlord adequately remedies the breach before the end of the notice period, the rental agreement shall not terminate by reason of the breach. As used in this subsection, �imminent and serious threat to the tenant�s health, safety or property� shall not include the presence of radon, asbestos or lead-based paint or the future risk of flooding or seismic hazard, as defined by ORS 455.447.

�� (3) For purposes of subsection (1) of this section, a landlord shall not be considered to be intentionally or negligently failing to supply an essential service if:

�� (a) The landlord substantially supplies the essential service; or

�� (b) The landlord is making a reasonable and good faith effort to supply the essential service and the failure is due to conditions beyond the landlord�s control.

�� (4) This section does not require a landlord to supply a cooking appliance or a refrigerator if the landlord did not supply or agree to supply a cooking appliance or refrigerator to the tenant.

�� (5) If the tenant proceeds under this section, the tenant may not proceed under ORS 90.360 (1) as to that breach.

�� (6) Rights of the tenant under this section do not arise if the condition was caused by the deliberate or negligent act or omission of the tenant or a person on the premises with the tenant�s consent.

�� (7) Service or delivery of actual or written notice shall be as provided by ORS 90.150 and

ORS 90.427

90.427 (3) or (4) during the first year of a tenancy may not charge rent for the next tenancy in an amount greater than the maximum amount the landlord could have charged the terminated tenancy under this section.

�� (5) A landlord is not subject to subsection (2)(d) or (4) of this section if:

�� (a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or

�� (b) The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent:

�� (A) Does not increase the tenant�s portion of the rent; or

�� (B) Is required by program eligibility requirements or by a change in the tenant�s income.

�� (6) A landlord that increases rent in violation of subsection (2)(d) or (4) of this section is liable to the tenant in an amount equal to three months� rent plus actual damages suffered by the tenant.

�� (7) This section does not apply to tenancies governed by ORS 90.505 to 90.850. [2016 c.53 �2; 2019 c.1 �2; 2021 c.252 �1; 2023 c.226 �4]

�� Note: 90.323 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.324 Calculation of maximum rent increase; publication. (1) No later than September 30th of each year, the Oregon Department of Administrative Services shall calculate the maximum annual rent increase percentage allowed for the following calendar year:

�� (a) For tenancies subject to ORS 90.600 (1) in facilities with more than 30 spaces, as six percent.

�� (b) For tenancies subject to ORS 90.600 (1) in facilities with 30 or fewer spaces or for tenancies subject to ORS 90.323, as the lesser of:

�� (A) Ten percent; or

�� (B) Seven percent plus CPI.

�� (2) No later than September 30th of each year, the Oregon Department of Administrative Services shall publish the maximum annual rent increase percentages allowed under this section, along with the provisions of ORS 90.323 and 90.600, in a press release.

�� (3) The department shall maintain publicly available information on its website about the maximum annual rent increase percentages for the previous calendar year and for the current calendar year and, on or after September 30th of each year, for the following calendar year.

�� (4) As used in this section, �CPI� means the September annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics of the United States Department of Labor. [2019 c.1 �5; 2023 c.226 �3; 2025 c.387 �1]

�� Note: 90.324 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

TENANT OBLIGATIONS

�� 90.325 Tenant duties. (1) The tenant shall:

�� (a) Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended.

�� (b) Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.

�� (c) Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.

�� (d) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.

�� (e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises.

�� (f) Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.

�� (g) Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.

�� (2) A tenant may not:

�� (a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 or 479.300.

�� (b) Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.

�� (c) Remove, obstruct or tamper with a sprinkler head used for fire suppression.

�� (3) A tenant is not responsible for damage that results from:

�� (a) Acts of God; or

�� (b) Conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking.

�� (4) For damage that results from conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking, a landlord may require a tenant to provide verification that the tenant or a member of the tenant�s household is a victim of domestic violence, sexual assault, bias crime or stalking as provided by ORS 90.453. [Formerly 91.775; 1993 c.369 �7; 1995 c.559 �16; 1999 c.307 �21; 1999 c.603 �20; 2009 c.591 �13; 2015 c.388 �7; 2023 c.549 �1a]

�� 90.330 [Formerly 91.780; 1991 c.852 �1; 1995 c.559 �17; renumbered 90.262 in 1995]

�� 90.335 [Formerly 91.785; 1995 c.559 �18; renumbered 90.322 in 1995]

�� 90.340 Occupancy of premises as dwelling unit only; notice of tenant absence. Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant give actual notice to the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence. [Formerly 91.790; 1995 c.559 �19]

TENANT RIGHTS AND REMEDIES

�� 90.355 Portable cooling device allowed; exceptions; landlord termination based on violation. (1) As used in this section:

�� (a) �Extreme heat event� means a day on which the Housing and Community Services Department determines that a heat event has occurred based on a predicted or indicated excessive heat warning or heat advisory by the National Weather Service of the National Oceanic and Atmospheric Administration.

�� (b) �Forecast zone� means a region for which the National Weather Service of the National Oceanic and Atmospheric Administration issues forecasts and some watches and warnings based on differences in weather.

�� (c) �Portable cooling device� includes air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.

�� (2) A landlord may not prohibit or restrict a tenant from installing or using a portable cooling device of the tenant�s choosing, unless:

�� (a) The installation or use of the device would:

�� (A) Violate building codes or state or federal law;

�� (B) Violate the device manufacturer�s written safety guidelines for the device;

�� (C) Damage the premises or render the premises uninhabitable; or

�� (D) Require amperage to power the device that cannot be accommodated by the power service to the building, dwelling unit or circuit;

�� (b) If the device would be installed in a window:

�� (A) The window is a necessary egress from the dwelling unit;

�� (B) The device would interfere with the tenant�s ability to lock a window that is accessible from outside;

�� (C) The device requires the use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the envelope of the building or otherwise cause significant damages;

�� (D) The restrictions require that the device be adequately drained to prevent damage to the dwelling unit or building; or

�� (E) The restrictions require that the device be installed in a manner that prevents risk of falling; or

�� (c) The restrictions require that the device be:

�� (A) Installed or removed by the landlord or landlord�s agent;

�� (B) Subject to inspection or servicing by the landlord or landlord�s agent; or

�� (C) Removed from October 1 through April 30.

�� (3) A landlord may not enforce a restriction on portable cooling devices against a tenant allowed under subsection (2) of this section unless the restrictions are in writing and delivered to the tenant. The written restrictions must include whether the landlord intends to operate, whenever there is an extreme heat event for the forecast zone of the premises, one or more community cooling spaces available to the tenant that are located on or near the premises and that maintain a temperature of not higher than 80 degrees Fahrenheit.

�� (4) A landlord is immune from liability for any claim for damages, injury or death caused by a portable cooling device installed by the tenant.

�� (5) A landlord who must limit portable cooling devices for a building under subsection (2)(a)(D) of this section shall prioritize allowing the use of devices for individuals who require a device to accommodate a disability. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply�s inability to accommodate use of a portable cooling device.

�� (6) If a landlord issues a termination notice under ORS 90.392 or 90.630 based on a violation of a restriction regulating a portable cooling device allowed under subsection (2) of this section:

�� (a) On each day that there is an extreme heat event for the forecast zone of the premises, the notice period described in ORS 90.392 (3), (4), (5) or (6) or 90.630 (1), (3) or (6) does not run.

�� (b) The termination notice must state:

�� (A) The deadline of a cure period designated in the notice, if any;

�� (B) That the date of termination specified in the notice will be extended by one day for each day that there is an extreme heat event for the forecast zone of the premises; and

�� (C) That information regarding days with an extreme heat event for the forecast zone can be found on the website for the Housing and Community Services Department. [2022 c.86 �2; 2023 c.442 �71]

�� Note: 90.355 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 90.358 Dwelling use as family child care home allowed; conditions. (1) Except as provided in subsection (4) of this section, a landlord may not prohibit the tenant�s use of a dwelling as a family child care home if:

�� (a) The family child care home is certified under ORS 329A.280 or registered under ORS

ORS 90.710

90.710, any tenant prevented from exercising the rights in ORS 90.750 or 90.755 may bring an action in the appropriate court having jurisdiction in the county in which the alleged infringement occurred, and upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any bylaw, rental agreement, regulation or rule, pertaining to a facility, which operates to deprive the tenant of these rights. [Formerly 91.930]

(Landlord Rights and Obligations)

�� 90.725 Landlord or agent access to rented space; remedies. (1) As used in this section:

�� (a) �Emergency� includes but is not limited to:

�� (A) A repair problem that, unless remedied immediately, is likely to cause serious physical harm or damage to individuals or property.

�� (B) The presence of a hazard tree on a rented space in a manufactured dwelling park.

�� (b) �Unreasonable time� refers to a time of day, day of the week or particular time that conflicts with the tenant�s reasonable and specific plans to use the space.

�� (c) �Yard maintenance, equipment servicing or grounds keeping� includes, but is not limited to, servicing individual septic tank systems or water pumps, weeding, mowing grass and pruning trees and shrubs.

�� (2) A landlord or a landlord�s agent may enter onto a rented space, not including the tenant�s manufactured dwelling or floating home or an accessory building or structure, to:

�� (a) Inspect the space;

�� (b) Make necessary or agreed repairs, decorations, alterations or improvements;

�� (c) Inspect or maintain trees;

�� (d) Supply necessary or agreed services;

�� (e) Perform agreed yard maintenance, equipment servicing or grounds keeping;

�� (f) Exhibit the space to prospective or actual purchasers of the facility, mortgagees, tenants, workers or contractors; or

�� (g) Install or maintain a utility or service line or submeter under ORS 90.560 to 90.584.

�� (3) The right of access of the landlord or landlord�s agent is limited as follows:

�� (a) A landlord or landlord�s agent may enter upon the rented space without consent of the tenant and without notice to the tenant for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.

�� (b) In case of an emergency, a landlord or landlord�s agent may enter the rented space without consent of the tenant, without notice to the tenant and at any time. If a landlord or landlord�s agent makes an emergency entry in the tenant�s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.

�� (c) If the tenant requests repairs or maintenance in writing, the landlord or landlord�s agent, without further notice, may enter upon demand, in the tenant�s absence or without consent of the tenant, for the purpose of making the requested repairs until the repairs are completed. The tenant�s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant�s written request expires after seven days, unless the repairs are in progress and the landlord or landlord�s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.

�� (d) If a written agreement requires the landlord to perform yard maintenance, equipment servicing or grounds keeping for the space:

�� (A) A landlord and tenant may agree that the landlord or landlord�s agent may enter for that purpose upon the space, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.

�� (B) A tenant may deny consent for a landlord or landlord�s agent to enter upon the space pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord�s agent prior to, or at the time of, the attempted entry.

�� (e) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours� actual notice of the intent of the landlord to enter and the landlord or landlord�s agent may enter only at reasonable times. The landlord or landlord�s agent may not enter if the tenant, after receiving the landlord�s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord�s agent prior to, or at the time of, the attempt by the landlord or landlord�s agent to enter.

�� (f) Notwithstanding paragraph (e) of this subsection, a landlord or the landlord�s agent may enter a rented space solely to inspect a tree despite a denial of consent by the tenant if the landlord or the landlord�s agent has given at least 24 hours� actual notice of the intent to enter to inspect the tree and the entry occurs at a reasonable time.

�� (4) A landlord shall not abuse the right of access or use it to harass the tenant. A tenant shall not unreasonably withhold consent from the landlord to enter.

�� (5) A landlord has no other right of access except:

�� (a) Pursuant to court order;

�� (b) As permitted by ORS 90.410 (2);

�� (c) As permitted under ORS 90.580; or

�� (d) When the tenant has abandoned or relinquished the premises.

�� (6) If a landlord is required by a governmental agency to enter a rented space, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord shall not be found in violation of any state statute or local ordinance due to the failure.

�� (7) If a landlord has a report from an arborist licensed as a landscape construction professional pursuant to ORS 671.560 and certified by the International Society of Arboriculture that a tree on the rented space is a hazard tree that must be maintained by the landlord as described in ORS 90.727, the landlord is not liable for any damage or injury as a result of the hazard tree if the landlord is unable to gain entry after a good faith effort in compliance with this section.

�� (8) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement pursuant to ORS 90.630 (1) and take possession in the manner provided in ORS 105.100 to 105.168. In addition, the landlord may recover actual damages.

�� (9) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.620 (1). In addition, the tenant may recover actual damages not less than an amount equal to one month�s rent. [1999 c.676 �2; 2005 c.619 �23; 2013 c.443 �6; 2019 c.625 �66]

�� 90.727 Maintenance of trees in rented spaces. (1) As used in this section:

�� (a) �Maintaining a tree� means removing or trimming a tree for the purpose of eliminating features of the tree that cause the tree to be hazardous, or that may cause the tree to become hazardous in the near future.

�� (b) �Removing a tree� includes:

�� (A) Felling and removing the tree; and

�� (B) Grinding or removing the stump of the tree.

�� (2) The landlord or tenant that is responsible for maintaining a tree must engage a landscape construction professional with a valid license issued pursuant to ORS 671.560 to maintain any tree with a DBH of eight inches or more.

�� (3) A landlord:

�� (a) Shall maintain a tree that is a hazard tree, that was not planted by the current tenant, on a rented space in a manufactured dwelling park if the landlord knows or should know that the tree is a hazard tree.

�� (b) May maintain a tree on the rented space to prevent the tree from becoming a hazard tree.

�� (c) Has discretion to decide whether the appropriate maintenance is removal or trimming of the hazard tree.

�� (d) Is not responsible for maintaining a tree that is not a hazard tree or for maintaining any tree for aesthetic purposes.

�� (4) In addition to complying with ORS 90.725, before entering a tenant�s space to inspect or maintain a tree, the landlord must provide the tenant with:

�� (a) Reasonable notice to inspect a tree.

�� (b) Reasonable written notice to maintain a tree and, except as necessary to avoid an imminent and serious harm to persons or property, a reasonable opportunity for the tenant to maintain the tree. The notice must specify any tree that the landlord intends to remove.

�� (5) Except as provided in subsection (3) of this section, a tenant is responsible for maintaining the trees on the tenant�s space in a manufactured dwelling park at the tenant�s expense. The tenant may retain an arborist licensed as a landscape construction professional pursuant to ORS 671.560 and certified by the International Society of Arboriculture to inspect a tree on the tenant�s rented space at the tenant�s expense and if the arborist determines that the tree is a hazard, the tenant may:

�� (a) Require the landlord to maintain a tree that is the landlord�s responsibility under subsection (3) of this section; or

�� (b) Maintain the tree at the tenant�s expense, after providing the landlord with reasonable written notice of the proposed maintenance and a copy of the arborist�s report.

�� (6) If a manufactured dwelling cannot be removed from a space without first removing or trimming a tree on the space, the owner of the manufactured dwelling may remove or trim the tree at the dwelling owner�s expense, after giving reasonable written notice to the landlord, for the purpose of removing the manufactured dwelling. [2013 c.443 �5; 2019 c.625 �35]

�� 90.729 Temporary movement of floating home; notice; costs paid by landlord. (1) A landlord may require a tenant in a marina to move the tenant�s floating home under this section for reasons allowing for the safety and convenience of the marina and other tenants, including:

�� (a) Moving another floating home within the marina;

�� (b) Repairing an adjacent floating home; or

�� (c) Dredging, repairing an adjacent dock or otherwise repairing or improving the marina.

�� (2) Before requiring the tenant to move, the landlord must give written notice to the tenant specifying the reason for the move, describing the parties� rights and obligations under subsections (4) to (6) of this section, the allowable dates for the move and the maximum duration of the move.

�� (3) The notice under subsection (2) of this section must be given:

�� (a) No less than 48 hours before the move if necessary to prevent the risk of serious and imminent harm to persons or property within the marina; or

�� (b) Thirty days before the move in all other cases.

�� (4) The landlord must:

�� (a) Move the floating home to another space in the marina that allows the tenant to continue to occupy the home.

�� (b) Return the floating home to its original space at the end of the relocation period.

�� (5) A landlord must pay:

�� (a) The costs to prepare the floating home for the move;

�� (b) The costs to move the floating home;

�� (c) The costs to prepare the floating home for its temporary location in the marina;

�� (d) If the relocation lasts more than 30 days, unless the floating home cannot be restored to its original space because weather or water conditions are unsafe, actual damages based on a decrease in value or quality of the temporary location;

�� (e) The costs to return the floating home to its original location in the original space; and

�� (f) The costs to repair any damage to the floating home or tenant�s personal property caused by the move or to replace the property.

�� (6) A landlord is required to make any payments due to the tenant under subsection (5) of this section within 30 days from the date the cost is incurred.

�� (7) If a tenant prohibits the landlord from moving the floating home under this section, a landlord may give notice to terminate the tenancy under ORS 90.630.

�� (8) If a landlord fails to comply with a provision of this section, a tenant is entitled to damages of one month�s rent or twice the tenant�s actual damages, whichever is greater. [2019 c.625 �33]

�� 90.730 Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition. (1) As used in this section, �facility common areas� means all areas under control of the landlord and held out for the general use of tenants.

�� (2) A landlord who rents a space for a manufactured dwelling or floating home shall at all times during the tenancy maintain the rented space, vacant spaces in the facility and the facility common areas in a habitable condition. The landlord does not have a duty to maintain a dwelling or home. A landlord�s habitability duty under this section includes only the matters described in subsections (3) to (6) of this section.

�� (3) For purposes of this section, a rented space is considered unhabitable if it substantially lacks:

�� (a) A sewage disposal system and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the sewage disposal system can be controlled by the landlord;

�� (b) If required by applicable law, a drainage system reasonably capable of disposing of storm water, ground water and subsurface water, approved under applicable law at the time of installation and maintained in good working order;

�� (c) A water supply and a connection to the space approved under applicable law at the time of installation and maintained so as to provide safe drinking water and to be in good working order to the extent that the water supply system can be controlled by the landlord;

�� (d) An electrical supply and a connection to the space approved under applicable law at the time of installation and maintained in good working order and of sufficient amperage to meet reasonable year-round needs for electrical heating and cooling uses, to the extent that the electrical supply system can be controlled by the landlord;

�� (e) A natural gas or propane gas supply and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the gas supply system can be controlled by the landlord, if the utility service is provided within the facility pursuant to the rental agreement;

�� (f) At the time of commencement of the rental agreement, buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

�� (g) Excluding the normal settling of land, a surface or ground capable of supporting a manufactured dwelling approved under applicable law at the time of installation and maintained to support a dwelling in a safe manner so that it is suitable for occupancy. A landlord�s duty to maintain the surface or ground arises when the landlord knows or should know of a condition regarding the surface or ground that makes the dwelling unsafe to occupy; and

�� (h) Completion of any landlord-provided space improvements, including but not limited to installation of carports, garages, driveways and sidewalks, approved under applicable law at the time of installation.

�� (4) A rented space is considered unhabitable if the landlord does not maintain a hazard tree as required by ORS 90.727.

�� (5) A vacant space in a facility is considered unhabitable if the space substantially lacks safety from the hazards of fire or injury.

�� (6) A facility common area is considered unhabitable if it substantially lacks:

�� (a) Buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

�� (b) Safety from the hazards of fire;

�� (c) Trees, shrubbery and grass maintained in a safe manner;

�� (d) If supplied or required to be supplied by the landlord to a common area, a water supply system, sewage disposal system or system for disposing of storm water, ground water and subsurface water approved under applicable law at the time of installation and maintained in good working order to the extent that the system can be controlled by the landlord; and

�� (e) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of commencement of the rental agreement and for which the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal.

�� (7) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

�� (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

�� (b) The agreement does not diminish the obligations of the landlord to other tenants on the premises; and

�� (c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated. [1999 c.676 �6; 2007 c.906 �40; 2011 c.503 �10; 2013 c.443 �2; 2015 c.217 �7; 2022 c.86 �12]

�� 90.732 Landlord registration; registration fee. (1) Every landlord of a facility shall register annually in writing with the Housing and Community Services Department. The department shall charge the landlord a registration fee of $100 for facilities with more than 20 spaces and $50 for facilities with 20 or fewer spaces. The landlord shall file a registration and pay a registration fee for each facility owned or managed by the landlord. The registration shall consist of the following information:

�� (a) The name and business mailing address of the landlord and of any person authorized to manage the premises of the facility.

�� (b) The name of the facility.

�� (c) The physical address of the facility and, if different from the physical address, the mailing address.

�� (d) A telephone number of the facility.

�� (e) The total number of spaces in the facility.

�� (2) The landlord of a new facility shall register with the department no later than 60 days after the opening of the facility.

�� (3) The department shall send a written reminder notice to each landlord that holds a current registration under this section before the due date for the landlord to file a new registration. The department shall confirm receipt of a registration.

�� (4) Notwithstanding subsections (1) to (3) of this section, the department may provide for registration and confirmation of registration to be accomplished by electronic means instead of in writing.

�� (5) Moneys from registration fees described in subsection (1) of this section must be deposited in the Manufactured and Marina Communities Account. [2005 c.619 �2; 2007 c.906 �38; 2009 c.816 �10; 2015 c.217 �3; 2019 c.625 ��5,18]

�� 90.734 Manager or owner continuing education requirements. (1) At least one person for each facility who has authority to manage the premises of the facility shall, every two years, complete four hours of continuing education relating to the management of facilities. The following apply for a person whose continuing education is required:

�� (a) If there is any manager or owner who lives in the facility, the person completing the continuing education must be a manager or owner who lives in the facility.

�� (b) If no manager or owner lives in the facility, the person completing the continuing education must be a manager who lives outside the facility or, if there is no manager, an owner of the facility.

�� (c) A manager or owner may satisfy the continuing education requirement for more than one facility that does not have a manager or owner who lives in the facility.

�� (2) If a person becomes the facility manager or owner who is responsible for completing continuing education, and the person does not have a current certificate of completion issued under subsection (3) of this section, the person shall complete the continuing education requirement by taking the next regularly scheduled continuing education class or by taking a continuing education class held within 75 days.

�� (3) The Housing and Community Services Department shall ensure that continuing education classes:

�� (a) Are offered at least once every six months;

�� (b) Are offered by a statewide nonprofit trade association in Oregon representing facility interests and approved by the department;

�� (c) Have at least one-half of the class instruction on one or more provisions of ORS chapter 90, ORS 105.100 to 105.168, fair housing law or other law relating to landlords and tenants;

�� (d) Provide a certificate of completion to all attendees; and

�� (e) Provide the department with the following information:

�� (A) The name of each person who attends a class;

�� (B) The name of the attendee�s facility;

�� (C) The city or county in which the attendee�s facility is located;

�� (D) The date of the class; and

�� (E) The names of the persons who taught the class.

�� (4) The department, a trade association or instructor is not responsible for the conduct of a landlord, manager, owner or other person attending a continuing education class under this section. This section does not create a cause of action against the department, a trade association or instructor related to the continuing education class.

�� (5) The owner of a facility is responsible for ensuring compliance with the continuing education requirements in this section.

�� (6) The department shall annually send a written reminder notice regarding continuing education requirements under this section to each facility at the address shown in the facility registration filed under ORS 90.732. [2005 c.619 �3; 2007 c.906 �39; 2009 c.816 �11; 2011 c.503 �19; 2019 c.625 �19]

�� 90.736 Civil penalties. (1) The Housing and Community Services Department may assess a civil penalty against a landlord or owner if the department finds that the landlord or owner has not complied with ORS 90.732 or 90.734. The civil penalty may not exceed $1,000. The department shall assess the civil penalty according to the schedule of penalties developed by the department under ORS 90.738. In assessing a civil penalty under this section, the department shall take into consideration any good faith efforts by the landlord or owner to comply with ORS 90.732 or

ORS 90.875

90.875�� Remedy for failure to give notice

GENERAL PROVISIONS

�� 90.100 Definitions. As used in this chapter, unless the context otherwise requires:

�� (1) �Accessory building or structure� means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and pilings, that is:

�� (a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or

�� (b) Provided pursuant to a written rental agreement for the sole use of and maintenance by a tenant of a manufactured dwelling or floating home.

�� (2) �Action� includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.

�� (3) �Applicant screening charge� means any payment of money required by a landlord of an applicant prior to entering into a rental agreement with that applicant for a residential dwelling unit, the purpose of which is to pay the cost of processing an application for a rental agreement for a residential dwelling unit.

�� (4) �Attorney� includes an associate licensee of the Oregon State Bar practicing law within the licensee�s approved scope of practice.

�� (5) �Bias crime� has the meaning given that term in ORS 147.380.

�� (6) �Building and housing codes� includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.

�� (7) �Carbon monoxide alarm� has the meaning given that term in ORS 105.836.

�� (8) �Carbon monoxide source� has the meaning given that term in ORS 105.836.

�� (9) �Conduct� means the commission of an act or the failure to act.

�� (10) �DBH� means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side.

�� (11) �Dealer� means any person in the business of selling, leasing or distributing new or used manufactured dwellings or floating homes to persons who purchase or lease a manufactured dwelling or floating home for use as a residence.

�� (12) �Domestic violence� means:

�� (a) Abuse between family or household members, as those terms are defined in ORS 107.705; or

�� (b) Abuse, as defined in ORS 107.705, between partners in a dating relationship.

�� (13) �Drug and alcohol free housing� means a dwelling unit described in ORS 90.243.

�� (14) �Dwelling unit� means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. �Dwelling unit� regarding a person who rents a space for a manufactured dwelling or recreational vehicle or regarding a person who rents moorage space for a floating home as defined in ORS 830.700, but does not rent the home, means the space rented and not the manufactured dwelling, recreational vehicle or floating home itself.

�� (15) �Essential service� means:

�� (a) For a tenancy not consisting of rental space for a manufactured dwelling, floating home or recreational vehicle owned by the tenant and not otherwise subject to ORS 90.505 to 90.850:

�� (A) Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows and any cooking appliance or refrigerator supplied or required to be supplied by the landlord; and

�� (B) Any other service or habitability obligation imposed by the rental agreement or ORS

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

ORS 98.396

98.396;

�� (f) A description of the escheat proceedings under this section; and

�� (g) Any other information the State Treasurer considers appropriate or necessary to locate all persons having a legal or beneficial interest in the bonds.

�� (6) The State Treasurer shall create and maintain on the official website of the State Treasurer a webpage on which the public may obtain information about U.S. savings bonds in the custody and possession of the State Treasurer as unclaimed property.

�� (7) If no person has been identified as the owner of U.S. savings bonds within three years after the first public notice provided under subsection (4)(b) of this section with respect to the bonds:

�� (a) Title to the bonds shall vest in the State of Oregon; and

�� (b) The State Treasurer may seek an order from the Marion County Circuit Court escheating the bonds to the State of Oregon.

�� (8) The Marion County Circuit Court shall issue an order escheating U.S. savings bonds to the State of Oregon if the court determines that:

�� (a) With respect to the bonds, all provisions of this section have been complied with; and

�� (b) The bonds:

�� (A) Have, within the meaning of the applicable federal regulations, reached the final extended maturity date or the final maturity, or have stopped earning interest;

�� (B) Are in the possession of the state; and

�� (C) Have been abandoned by all persons entitled to payment for the bonds under the applicable federal regulations.

�� (9)(a) Upon issuance of an order of escheat with respect to U.S. savings bonds, the State Treasurer may apply to the United States Treasury for payment to the state for the bonds.

�� (b) ORS 98.386 applies to any payments received by the state pursuant to this subsection.

�� (10) This section does not apply to a claim of title by the state to U.S. savings bonds as heir to a deceased owner. [2018 c.95 �2; 2019 c.678 �80]

�� 98.320 [Repealed by 1957 c.670 �37]

�� 98.322 Unclaimed securities or distributions. (1) As used in this section:

�� (a) �Distribution� means any dividend, profit distribution, interest, payment on principal, stock dividend, stock distribution, unexchanged share or other sum or thing of value owed under a security to the owner by a holder.

�� (b) �Notice� means communication sent to an owner informing the owner of the existence of a security or distribution and seeking to confirm the owner�s interest in the security or distribution.

�� (c) �Security� means any stock, equity security, certificate of ownership or other intangible equity ownership interest in a business association, bond or debenture, other than debt of a government entity, or in general, any similar interest or instrument, certificated or uncertificated, evidenced in the records of the holder, or any intangible interest held by a securities intermediary for another person.

�� (2) A security or distribution is presumed abandoned on the earliest of the following dates:

�� (a) Three years after the date of the owner�s last communication to the holder indicating the owner�s interest in the property;

�� (b) Three years after the date of the death of the owner, as evidenced by:

�� (A) Notice to the holder of the owner�s death by an administrator, beneficiary, relative or trustee, or by a personal representative or other legal representative of the owner�s estate;

�� (B) Receipt by the holder of a copy of the death certificate of the owner;

�� (C) Confirmation by the holder of the owner�s death through other means; or

�� (D) Other evidence from which the holder may reasonably conclude that the owner is deceased; or

�� (c) One year after the date that the holder receives notice under paragraph (b) of this subsection if the notice is received two or more years after the owner�s death and the holder lacked knowledge of the owner�s death during that period of two or more years.

�� (3) Notwithstanding the notice requirements under ORS 98.352 (5), the holder of a security or distribution presumed abandoned under subsection (2) of this section, before filing the report under ORS 98.352 with respect to a security or distribution, shall provide notice to the owner as follows:

�� (a) If the holder customarily communicates with the owner by electronic mail:

�� (A) By initial electronic mail; or

�� (B) If the holder believes that the owner�s electronic mail address in the holder�s records is not valid, by written notice sent by first class mail to the owner�s last-known address.

�� (b) If the holder does not customarily communicate with the owner by electronic mail:

�� (A) By initial written notice sent by first class mail to the owner�s last-known address; and

�� (B) If the holder has the owner�s electronic mail address and believes it to be valid, also by electronic mail, at the discretion of the holder.

�� (c) If the initial notice provided under paragraph (a) or (b) of this subsection is returned to the holder as undeliverable or the holder has received no response for 30 days after giving the notice, by additional written notice sent by first class mail to the owner�s last-known address.

�� (4) The holder of a security or distribution presumed abandoned under subsection (2) of this section shall complete the notification requirements described in subsection (3) of this section at least 60 days before reporting the security or distribution under ORS 98.352.

�� (5) If owner-generated activity occurs with respect to a security or distribution after the initial notice is provided under subsection (3) of this section and before the submission of the report under ORS 98.352, including a response to a holder�s notice, the security or distribution is no longer presumed abandoned.

�� (6) When a security is presumed abandoned under this section, any unclaimed distribution arising under the security, whether before, on or after the presumption of abandonment, is also presumed abandoned.

�� (7) This section does not apply to property held by a fiduciary subject to ORS 98.332. [1957 c.670 �7; 1983 c.716 �3; 1985 c.408 �1; 2007 c.539 �4; 2023 c.238 �1]

�� 98.324 Digital assets; transfer; liquidation; rules. (1) A digital asset is presumed abandoned three years after the latest owner contact by the apparent owner.

�� (2)(a) If the holder has private keys, credentials or other information necessary to effectuate a transfer of digital assets presumed abandoned, the holder shall report the digital assets under ORS 98.352 and, within 30 days after filing the report, shall deliver the digital assets in native form to the custody of the State Treasurer in accordance with directions of the State Treasurer. Within 30 days after delivery of the digital assets, the holder shall provide the State Treasurer with reconciliation of the delivered assets with respect to the report filed regarding the assets.

�� (b) If the holder does not have sufficient information to effectuate a transfer of the digital assets, the holder shall maintain possession of the digital assets until the holder acquires the information necessary to effectuate a transfer.

�� (c) If a holder is unable to transfer digital assets presumed abandoned, the holder shall send notice to the owner annually using the primary method used to communicate with the owner, which may include standard mail, email or other electronic methods of communication. The notice must:

�� (A) Be sent directly to the owner;

�� (B) Inform the owner of the existence of the digital assets; and

�� (C) Seek to confirm the owner�s interest in the digital assets.

�� (3) The State Treasurer may decline to accept digital assets presumed abandoned if the State Treasurer, in the State Treasurer�s discretion, determines that the digital assets are not freely transferable, are of nominal value or have value of less than the estimated expenses of maintenance, notice and sale of the property. The State Treasurer may also prescribe by rule classes or types of digital assets exempt from reporting or liquidation.

�� (4) The State Treasurer, at the State Treasurer�s discretion, may direct a holder of unclaimed digital assets to liquidate the digital assets. Such liquidation must occur within 30 days after the filing of a report under ORS 98.352. A holder may transfer digital assets to a state-owned account held by the holder before liquidation. If a holder reasonably believes it cannot liquidate digital assets and cannot otherwise cause digital assets to be liquidated, the holder shall promptly notify the State Treasurer in writing and explain the reasons why the digital assets cannot be liquidated as otherwise required under this subsection. The State Treasurer shall then direct the holder concerning an alternative disposition of such digital assets.

�� (5) An owner does not have recourse against the State Treasurer or a holder to recover any gain in value that occurs after the liquidation of digital assets under subsection (4) of this section. [2025 c.463 �10]

�� Note: 98.324 and 98.325 were added to and made a part of 98.302 to 98.436 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 98.325 Notices to owner of digital assets before abandonment presumed. (1) Notwithstanding the notice requirements established under ORS 98.352 (5), the holder of a digital asset presumed abandoned under ORS 98.324, before filing the report under ORS 98.352 with respect to a digital asset, shall provide notice to the owner as follows:

�� (a) The holder shall send an initial notice by any electronic messaging method the holder has previously used to communicate with the owner.

�� (b) If the holder does not receive a receipt confirmation or other indication that the owner has received the notice under paragraph (a) of this subsection, and the holder has a mailing address for the owner on record that is believed to be valid, the holder shall send a second notice to the owner by first class mail.

�� (2) The holder of a digital asset presumed abandoned under ORS 98.324 shall complete the notification requirements described in subsection (1) of this section at least 90 days before reporting the digital asset under ORS 98.352.

�� (3) After initial notice is provided under subsection (1) of this section, a digital asset is no longer presumed abandoned if and only if an owner initiates owner contact with respect to the digital asset before the submission of the report under ORS 98.352.

�� (4) As used in this section, �notice� means communication sent directly to an owner informing the owner of the existence of a digital asset and seeking to confirm the owner�s interest in the digital asset. [2025 c.463 �11]

�� Note: See note under 98.324.

�� 98.326 Property of business associations or financial institutions held in the course of dissolution. All intangible personal property distributable in the course of a dissolution of a business association or financial institution that is unclaimed by the owner for more than one year after the date for final distribution is presumed abandoned. [1957 c.670 �8; 1983 c.716 �4; 1993 c.694 �41; 2003 c.272 �3]

�� 98.328 Property held in safe deposit box. Except property subject to ORS 711.582 and 711.590, all tangible and intangible property held in a safe deposit box or any other safekeeping repository in this state in the ordinary course of the holder�s business, which remains unclaimed by the owner for more than two years after the lease or rental period on the box or other repository has expired, is presumed abandoned. [1983 c.716 �35; 1993 c.694 �3]

�� 98.329 Delivery of property before presumed abandoned; rules. A holder, with the written consent of the State Treasurer, and in compliance with rules prescribed by the State Treasurer, may report and deliver property before the property is presumed abandoned. [1993 c.694 �46; 2001 c.302 �3; 2019 c.678 �8]

�� Note: 98.329 was added to and made a part of 98.302 to 98.436 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 98.330 [Repealed by 1957 c.670 �37]

�� 98.332 Property held by fiduciaries. (1) All intangible personal property and any income or increment thereon, held in a fiduciary capacity is presumed abandoned unless the owner has, within three years after it becomes payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property, or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary.

�� (2) Funds in an individual retirement account or a retirement plan or a similar account or plan established under the Internal Revenue laws of the United States are not payable or distributable within the meaning of subsection (1) of this section unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.

�� (3) Funds in an account established under ORS 126.805 to 126.886 are not payable or distributable within the meaning of subsection (1) of this section unless the minor on whose behalf the account was opened attains the age of 21 years. [1957 c.670 �9; 1983 c.716 �5; 2003 c.580 �1; 2023 c.238 �3]

�� 98.334 Unpaid wages unclaimed by owner. (1) As used in this section, �wages� means wages, commissions, bonuses or reimbursements to which an employee is entitled as an owner, or other compensation for personal services, other than amounts held in a payroll card.

�� (2) Unpaid wages, including wages represented by unpresented payroll checks, due and owing in the ordinary course of the holder�s business that remain unclaimed by the owner for more than one year after becoming payable are presumed abandoned, notwithstanding the owner�s failure to make demand or to present any instrument or document required to receive payment.

�� (3) This section does not affect an employee�s right to contest wages under other Oregon law. [1983 c.716 �34; 2001 c.302 �4; 2023 c.238 �4]

�� 98.336 Wages or property held by government and public authorities. (1) As used in this section, �wages� means wages, commissions, bonuses or reimbursements to which an employee is entitled as an owner, or other compensation for personal services, other than amounts held in a payroll card.

�� (2) Intangible property, including uncashed warrants and excluding unpaid wages, held for the owner by a court, state or other government, governmental subdivision or agency, public corporation or public authority that remains unclaimed by the owner for more than two years is presumed abandoned.

�� (3) Tangible property held for the owner by a court, state or other government, governmental subdivision or agency, law enforcement agency, public corporation or public authority that remains unclaimed by the owner for more than two years is presumed abandoned. [1957 c.670 �10; 1983 c.716 �6; 1987 c.708 �3; 1993 c.694 �4; 2001 c.302 �5; 2023 c.238 �5]

�� 98.338 Credit memo unclaimed by owner. (1) A credit memo issued in the ordinary course of an issuer�s business which remains unclaimed by the owner for more than three years after becoming payable or distributable is presumed abandoned.

�� (2) For a credit memo presumed abandoned under subsection (1) of this section, the amount presumed abandoned is the amount credited to the recipient of the memo. [1983 c.716 �33; 1997 c.416 �2; 2001 c.302 �6]

�� 98.340 [Repealed by 1957 c.670 �37]

�� 98.342 Miscellaneous personal property held for another person. (1) All intangible personal property, not otherwise covered by ORS 98.302 to 98.436 and 98.992, including any income or increment thereon and deducting any lawful charges, that is held or owing in the ordinary course of the holder�s business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed abandoned.

�� (2) Property is payable or distributable for the purpose of ORS 98.302 to 98.436 and 98.992 notwithstanding the owner�s failure to make demand or to present any instrument or document required to receive payment. [1957 c.670 �11; 1983 c.716 �7; 2001 c.302 �7]

�� 98.346 Reciprocity for property presumed abandoned or escheated under the laws of another state. Specific property described in ORS

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)