74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 85
 
LC 757/SB 85-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 85
 
     By COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
                           DEVELOPMENT
 
                            March 28
 
  On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions; and'.
  Delete lines 4 through 30 and delete page 2 and insert:
  '  { +  SECTION 1. + } ORS 757.270 is amended to read:
  ' 757.270. As used in ORS 757.270 to 757.290, unless the
context requires otherwise:
  ' (1) 'Attachment' means any wire or cable for the transmission
of intelligence by telegraph, telephone or television (including
cable television), light waves, or other phenomena, or for the
transmission of electricity for light, heat or power, and any
related device, apparatus, or auxiliary equipment, installed upon
any pole or in any telegraph, telephone, electrical, cable
television or communications right of way, duct, conduit, manhole
or handhole or other similar facility or facilities owned or
controlled, in whole or in part, by one or more public utility,
telecommunications utility or consumer-owned utility.
  ' (2) 'Consumer-owned utility' means a people's utility
district organized under ORS chapter 261, a municipal utility
organized under ORS chapter 225 or an electric cooperative
organized under ORS chapter 62.
  ' (3) 'Licensee' means any person  { - , firm, corporation,
partnership, company, association, joint stock association or
cooperatively organized association that is authorized to
construct attachments upon, along, under or across the public
ways. - }  { +  or public body that is authorized to construct
attachments upon, along, under or across the public ways and that
has entered into a contract under ORS 757.271 authorizing the
person or public body to establish an attachment to a pole or
other facility of a utility.
  ' (4) 'Public body' has the meaning given that term in ORS
174.109. + }
  '  { - (4) - }  { +  (5) + } 'Public utility' has the meaning
for that term provided in ORS 757.005, and does not include any
entity cooperatively organized or owned by federal, state or
local government, or a subdivision of state or local government.
  '  { - (5) - }  { +  (6) + } 'Telecommunications utility' has
the meaning for that term provided in ORS 759.005, and does not
include any entity cooperatively organized or owned by federal,
state or local government or a subdivision of state or local
government.
  '  { +  SECTION 2. + } ORS 757.271 is amended to read:
  ' 757.271. (1) Subject to  { + subsection (2) of this section
and + } applicable regulations of the Public Utility Commission,
a person
  { - shall - }  { +  or public body may + } not establish an
attachment to a pole or other facility of a public utility,
telecommunications utility or consumer-owned utility unless the
person  { + or public body + } has executed a contract with and
has authorization from the utility allowing the attachment.
  '  { +  (2) A public body is not required to execute a contract
with a utility under subsection (1) of this section for
attachments made by the public body solely for the purpose of
providing services:
  ' (a) For the public body's own use;
  ' (b) For the use of another public body; or
  ' (c) For public safety purposes for which no charge is made to
any person. + }
  '  { - (2) - }  { +  (3) + } A licensee shall report all pole
attachments to the pole owner.  { + Except as provided in section
4 of this 2007 Act, + } a pole owner may impose on a licensee a
penalty charge for failing to report an attachment.
  '  { +  (4) + }   { - The - }  { +  A + } pole owner
 { - also - }  may charge   { - the - }  { +  a + } licensee for
any expenses incurred as a result of an unauthorized attachment
or any attachment that   { - exceeds - }  { +  does not comply
with + } safety limits established by rule of the commission.
  '  { +  SECTION 3. + }  { + Section 4 of this 2007 Act is added
to and made a part of ORS 757.270 to 757.290. + }
  '  { +  SECTION 4. + }  { + (1) Notwithstanding any other
provision of law, a people's utility district may not impose any
penalty or sanction by reason of an attachment made by a person
or public body to a pole or other facility of the district. A
people's utility district may require the payment of actual
expenses incurred by the district as a result of unauthorized
attachments to poles or facilities of the district or by reason
of attachments that do not comply with safety limits established
by rule of the Public Utility Commission.
  ' (2) Notwithstanding any other provision of law, a people's
utility district may not be required to pay any penalty or
sanction by reason of an attachment made by the district to a
pole or other facility of another utility. A people's utility
district may be required to pay actual expenses incurred by a
utility as a result of unauthorized attachments by the district
to the other utility's poles or facilities or by reason of
attachments made by the district to the other utility's poles or
facilities that do not comply with safety limits established by
rule of the Public Utility Commission. + }
  '  { +  SECTION 5. + } ORS 759.650 is amended to read:
  ' 759.650. As used in ORS 759.650 to 759.675, unless the
context requires otherwise:
  ' (1) 'Attachment' means any wire or cable for the transmission
of intelligence by telegraph, telephone or television (including
cable television), light waves or other phenomena, or for the
transmission of electricity for light, heat or power, and any
related device, apparatus or auxiliary equipment, installed upon
any pole or in any telegraph, telephone, electrical, cable
television or communications right of way, duct, conduit, manhole
or handhole or other similar facility or facilities owned or
controlled, in whole or in part, by one or more public utility,
telecommunications utility or people's utility district.
  ' (2) 'Licensee' means any person  { - , firm, corporation,
partnership, company, association, joint stock association or
cooperatively organized association which is authorized to
construct attachments upon, along, under or across the public
ways - }   { + or public body as defined in ORS 174.109 that is
authorized to construct attachments upon, along, under or across
the public ways and that has entered into a contract under ORS
757.271 authorizing the person or public body to establish an
attachment to a pole or other facility of a utility + }.
  ' (3) 'People's utility district'   { - means any concern
providing electricity organized pursuant to ORS 261.010 and
includes any entity cooperatively organized or owned by federal,
state or local government or a subdivision of state or local
government - }  { +  has the meaning given that term in ORS
261.010 + }.
  ' (4) 'Public utility' has the meaning for that term provided
in ORS 757.005, and does not include any entity cooperatively
organized or owned by federal, state or local government or a
subdivision of state or local government.
  ' (5) 'Telecommunications utility' means any telecommunications
utility as defined in ORS 759.005 and does not include any entity
cooperatively organized or owned by federal, state or local
government, or a subdivision of state or local government.
  '  { +  SECTION 6. + }  { + Section 4 of this 2007 Act and the
amendments to ORS 757.270, 757.271 and 759.650 by sections 1, 2
and 5 of this 2007 Act become operative September 1, 2008. + } '
.
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