Chapter 664 Oregon Laws 2001

AN ACT

HB 3068

Relating to fees for utility work along highways; creating new provisions; amending ORS 758.010; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2001 Act is added to and made a part of ORS 374.305 to 374.325.

SECTION 2. (1) Except as provided in subsection (2) of this section, the Department of Transportation may charge a permit fee to any person or corporation that, in accordance with ORS 758.010, constructs, maintains or operates water, gas, electric or communication service lines, fixtures or other facilities in the right of way of a state highway. The department shall adopt rules establishing a schedule for permit fees charged under this section, in accordance with the following:

(a) The fee schedule shall set fees in fixed amounts for various classes of permits. The classes of permits shall be based on the nature, size and extent of the facility and the costs of reviewing plans and supervising construction.

(b) The department may not adopt a fee that is greater than the reasonable costs to the department of issuing the permit and administering its terms. The amount of a fee may not include permit review costs incurred by any agency or state official other than the Department of Transportation.

(c) The department may not adopt a fee for a permit to construct, maintain or operate facilities to provide street lighting or other utility services to property owned or controlled by the department.

(2) The department may not charge a permit fee under this section if the costs to the department of issuing the permit and administering its terms may legally be paid from revenues described in section 3a (1), Article IX of the Oregon Constitution.

(3) The department shall adopt rules specifying the kinds of activities described in ORS 758.010 that may be allowed under a blanket permit.

SECTION 3. ORS 758.010 is amended to read:

758.010. (1) Except within cities, any person or corporation has a right and privilege to construct, maintain and operate its water, gas, electric or communication service lines, fixtures and other facilities along the public roads in this state, as defined in ORS 368.001 or across rivers or over any lands belonging to the state, free of any charge other than charges allowed under section 2 of this 2001 Act, and over lands of private individuals, as provided in ORS 772.210. Such lines, fixtures and facilities shall not be constructed so as to obstruct any public road or navigable stream.

(2) A county governing body and the Department of Transportation have authority to designate the location upon roads under their respective jurisdiction, outside of cities, where lines, fixtures and facilities described in this section may be located, and may order the location of any such line, fixture or facility to be changed when such governing body or department deems it expedient. Any line, fixture or facility erected or remaining in a different location upon such road than that designated in any order of the governing body or department is a public nuisance and may be abated accordingly.

(3) The state officer, agency, board or commission having jurisdiction over any land belonging to the state with respect to which the right and privilege granted under subsection (1) of this section is exercised may impose reasonable requirements for the location, construction, operation and maintenance of the lines, fixtures and facilities on such land. The person or corporation exercising such right and privilege over any land belonging to the state shall pay the current market value for the existing forest products that are damaged or destroyed in exercising such right and privilege. Such right and privilege of any person or corporation is conditioned upon compliance with the requirements imposed by this subsection.

SECTION 4. (1) The Supreme Court has exclusive jurisdiction to review a circuit court judgment on the issue of whether the costs to the Department of Transportation in issuing a permit for activities described in ORS 758.010 and administering the terms of the permit may legally be paid from revenues described in section 3a (1), Article IX of the Oregon Constitution.

(2) A party to an action to determine whether the costs described in subsection (1) of this section may be paid from the described revenues may appeal a judgment in the case only by filing a notice of appeal directly with the Supreme Court within the time and in the manner specified in ORS chapter 19 for civil appeals to the Court of Appeals. Any party filing a notice of appeal under this subsection must note in the notice of appeal that the case is subject to this subsection.

SECTION 5. Section 2 of this 2001 Act is repealed on January 2, 2006.

SECTION 6. ORS 758.010, as amended by section 3 of this 2001 Act, is amended to read:

758.010. (1) Except within cities, any person or corporation has a right and privilege to construct, maintain and operate its water, gas, electric or communication service lines, fixtures and other facilities along the public roads in this state, as defined in ORS 368.001 or across rivers or over any lands belonging to the state, free of [any] charge [other than charges allowed under section 2 of this 2001 Act], and over lands of private individuals, as provided in ORS 772.210. Such lines, fixtures and facilities shall not be constructed so as to obstruct any public road or navigable stream.

SECTION 7. The amendments to ORS 758.010 by section 6 of this 2001 Act become operative on January 2, 2006.

SECTION 8. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor June 28, 2001

Filed in the office of Secretary of State June 28, 2001

Effective date July 1, 2001

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