71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3149
A-Engrossed
House Bill 3068
Ordered by the House May 14
Including House Amendments dated May 14
Sponsored by COMMITTEE ON TRANSPORTATION
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Authorizes Department of Transportation to charge fee for
permit for utility to construct, maintain or operate facilities
in highway right of way. { + Requires department to establish
fee schedule by rule. Makes related changes.
Sunsets fee authority January 2, 2006. + }
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
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.
(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 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. + }
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