75th OREGON LEGISLATIVE ASSEMBLY--2009 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 187
Senate Bill 269
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
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 as
introduced.
Prescribes manner in which public body may require utility to
relocate facilities legally located on property constituting
public highway. Provides that public body may require relocation
to extent necessary to accommodate public purpose construction
projects. Provides that public body may require relocation for
benefit of private party, or to allow private party to comply
with conditions of approval for private development, only if
private party pays costs incurred by utility. Allows utility to
recover from retail customers total unreimbursed costs of
relocation activities required by public body.
A BILL FOR AN ACT
Relating to relocation of utility facilities; creating new
provisions; and amending ORS 221.420 and 758.010.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 758. + }
SECTION 2. { + (1) As used in this section:
(a) 'Public body' has the meaning given that term in ORS
174.109.
(b) 'Public highway' has the meaning given that term in ORS
825.005.
(c) 'Utility' means a public utility, as defined in ORS
757.005, or a telecommunications utility, as defined in ORS
759.005.
(2) A public body may require a utility to relocate facilities
legally located on property constituting a public highway only as
provided in this section.
(3) A public body may require a utility to relocate facilities
located on property constituting a public highway to the extent
necessary to accommodate public purpose construction projects.
The public body must allow a utility a reasonable time to
relocate facilities.
(4) During the planning and design phase of a public purpose
construction project, a public body shall conduct a preliminary
design meeting to determine the extent to which the project will
require relocation of utility facilities. The public body must
give written notice to any utility that has facilities that might
be affected by the project at least 30 days before the
preliminary design meeting. The notice must include:
(a) The project design.
(b) Proposed dates for any utility facility relocation.
(c) A statement as to whether the project involves any highway
or urban extension of a highway that is a part of the National
System of Interstate and Defense Highways, as defined in the
Federal-Aid Highway Act of 1956, and that qualifies for federal
aid under the Federal-Aid Highway Act of 1956. If the project
involves a highway or urban extension of highway described in
this paragraph, the notice must include the federal project
identifying number.
(d) A statement as to whether the project involves any highway
that at any time was part of the National System of Interstate
and Defense Highways.
(5) A public body shall use best efforts to eliminate the need
for, or the cost of, utility relocation. A public body may
require that a utility relocate facilities only if the public
body determines that the relocation and the costs of relocation
cannot be eliminated. If the public body determines that the
relocation and the costs of relocation cannot be eliminated, the
public body shall coordinate the relocation with the affected
utility and discuss options that would limit the impact of the
construction on utility facilities and minimize the costs
associated with the relocation.
(6) If a public body requests that a utility relocate
facilities, and the public body has failed to conduct a
preliminary design meeting as required by subsection (4) of this
section, or has failed to provide the notice required by
subsection (4) of this section, the public body must reimburse
the utility for any costs incurred by the utility in relocating
the facilities. A public body may not prohibit a utility from
seeking reimbursement for costs under this subsection in any
permit application, license application or other written
agreement authorizing the utility to relocate the facilities.
(7) A public body may require a utility to relocate facilities
for the benefit of a private party, or in order to allow a
private party to comply with the conditions for approval of a
private development, only if the private party agrees to
reimburse the utility for all costs incurred by the utility by
reason of the relocation.
(8) If a public body requires relocation of utility facilities
for a project that is funded by both a public body and a private
party, the private party shall pay a portion of the utility's
actual costs of relocating the utility's facilities in the same
proportion that the party's costs bear to the costs of the entire
project.
(9) Notwithstanding any other provision of ORS chapter 757 or
759, a utility may recover from the utility's retail customers
the total amount of the utility's costs, as defined by 23 C.F.R.
part 645.117, as in effect on the effective date of this 2009
Act, for relocation activities required by a public body that are
not otherwise paid by a private party. A utility may not amortize
the recovery of relocation costs for a period of more than three
years. Costs recoverable by the utility under this section may be
identified by the utility as a separate line item in customer
bills. + }
SECTION 3. ORS 221.420 is amended to read:
221.420. (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) { - Every - } { + Subject to section 2 of this 2009
Act, 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.
SECTION 4. 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 charge, and over lands of private individuals,
as provided in ORS 772.210. Such lines, fixtures and facilities
shall not be constructed so as to obstruct any public road or
navigable stream.
(2) A county governing body and the Department of
Transportation have authority to designate the location upon
roads under their respective jurisdiction, outside of cities,
where lines, fixtures and facilities described in this section
may be located, and { + subject to section 2 of this 2009
Act + } 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.
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