75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session
Enrolled
House Bill 3651
Sponsored by COMMITTEE ON BUSINESS AND LABOR
CHAPTER ................
AN ACT
Relating to paying the prevailing rate of wage for solar energy
systems; creating new provisions; amending ORS 279C.800; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 279C.800 is amended to read:
279C.800. As used in ORS 279C.800 to 279C.870 { - , unless the
context requires otherwise - } :
(1) 'Fringe benefits' means the amount of:
(a) The rate of contribution { - irrevocably made by - } a
contractor or subcontractor { + makes irrevocably + } to a
trustee or to a third person under a plan, fund or program; and
(b) The rate of costs to the contractor or subcontractor that
may be reasonably anticipated in providing { + the following
items, except for items that federal, state or local law requires
the contractor or subcontractor to provide:
(A) + } Benefits to workers pursuant to an enforceable { +
written + } commitment to { + the workers to + } carry out a
financially responsible plan or program { - that is committed
in writing to the workers affected, - } for { + :
(i) + } Medical or hospital care { - , - } { + ;
(ii) + } Pensions on retirement or death { - , - } { + ; or
(iii) + } Compensation for injuries or illness
{ - resulting - } { + that result + } from occupational
activity { - , or - } { + ;
(B) + } Insurance to provide { - any of the foregoing,
for - } { + the benefits described in subparagraph (A) of this
paragraph;
(C) + } Unemployment benefits { - , - } { + ;
(D) + } Life insurance { - , - } { + ;
(E) + } Disability and sickness insurance or accident insurance
{ - , for - } { + ;
(F) + } Vacation and holiday pay { - , for defraying - }
{ + ; + } { +
(G) + } Costs of apprenticeship or other similar
programs { + ; + } or
{ - for - }
{ + (H) + } Other bona fide fringe benefits { - , but only
when the contractor or subcontractor is not required by other
federal, state or local law to provide any of these benefits - }
.
(2) 'Housing' has the meaning given that term in ORS 456.055.
Enrolled House Bill 3651 (HB 3651-A) Page 1
(3) 'Locality' means the following district in which the public
works, or the major portion thereof, is to be performed:
(a) District 1, composed of Clatsop, Columbia and Tillamook
Counties;
(b) District 2, composed of Clackamas, Multnomah and Washington
Counties;
(c) District 3, composed of Marion, Polk and Yamhill Counties;
(d) District 4, composed of Benton, Lincoln and Linn Counties;
(e) District 5, composed of Lane County;
(f) District 6, composed of Douglas County;
(g) District 7, composed of Coos and Curry Counties;
(h) District 8, composed of Jackson and Josephine Counties;
(i) District 9, composed of Hood River, Sherman and Wasco
Counties;
(j) District 10, composed of Crook, Deschutes and Jefferson
Counties;
(k) District 11, composed of Klamath and Lake Counties;
(L) District 12, composed of Gilliam, Grant, Morrow, Umatilla
and Wheeler Counties;
(m) District 13, composed of Baker, Union and Wallowa Counties;
and
(n) District 14, composed of Harney and Malheur Counties.
(4) 'Prevailing rate of wage' means the rate of hourly wage,
including all fringe benefits, { + that the Commissioner of the
Bureau of Labor and Industries determines is + }paid in the
locality to the majority of workers employed on projects of { +
a + } similar character in the same trade or occupation { - , as
determined by the Commissioner of the Bureau of Labor and
Industries - } .
(5) 'Public agency' means the State of Oregon or { - any - }
{ + a + } political subdivision { - thereof - } { + of the
State of Oregon, + } or { - any - } { + a + } county, city,
district, authority, public corporation or { + public + } entity
{ - and any - } { + organized and existing under law or
charter or an + } instrumentality { - thereof - } { + of the
county, city, district, authority, public corporation or public
entity + } { - organized and existing under law or charter - }
.
(6)(a) 'Public works' includes, but is not limited to:
(A) Roads, highways, buildings, structures and improvements of
all types, the construction, reconstruction, major renovation or
painting of which is carried on or contracted for by any public
agency to serve the public interest;
(B) A project { - for the construction, reconstruction, major
renovation or painting of a privately owned road, highway,
building, structure or improvement of any type that uses funds of
a private entity and $750,000 or more of funds of a public
agency - } { + that uses funds of a private entity and $750,000
or more of funds of a public agency for constructing,
reconstructing, painting or performing a major renovation on a
privately owned road, highway, building, structure or improvement
of any type + }; { - or - }
(C) A project { + that uses funds of a private entity + } for
{ - the construction of - } { + constructing + } a privately
owned road, highway, building, structure or improvement of any
type { - that uses funds of a private entity and - } in
which { + a public agency will use or occupy + } 25 percent or
more of the square footage of the completed project
{ - will be occupied or used by a public agency. - } { + ; or
Enrolled House Bill 3651 (HB 3651-A) Page 2
(D) Notwithstanding the provisions of ORS 279C.810 (2)(a), (b)
and (c), a device, structure or mechanism, or a combination of
devices, structures or mechanisms, that:
(i) Uses solar radiation as a source for generating heat,
cooling or electrical energy; and
(ii) Is constructed or installed, with or without using funds
of a public agency, on land, premises, structures or buildings
that a public body, as defined in ORS 174.109, owns. + }
(b) 'Public works' does not include:
(A) The reconstruction or renovation of privately owned
property that { - is leased by - } a public agency { +
leases + }; or
(B) The renovation of publicly owned real property that is more
than 75 years old by a private nonprofit entity if:
(i) The real property is leased to the private nonprofit entity
for more than 25 years;
(ii) Funds of a public agency used in the renovation do not
exceed 15 percent of the total cost of the renovation; and
(iii) Contracts for the renovation were advertised or, if not
advertised, were entered into before July 1, 2003, but the
renovation has not been completed on or before July 13, 2007.
SECTION 2. { + The amendments to ORS 279C.800 by section 1 of
this 2010 Act apply to contracts for public works that are
advertised or otherwise solicited or, if not advertised or
solicited, that are entered into on or after the operative date
of section 1 of this 2010 Act. + }
SECTION 3. { + (1) The amendments to ORS 279C.800 by section 1
of this 2010 Act become operative on January 1, 2011.
(2) The Commissioner of the Bureau of Labor and Industries may
take any action before the operative date set forth in subsection
(1) of this section that is necessary to enable the commissioner
to exercise, on and after the operative date set forth in
subsection (1) of this section, all the duties, functions and
powers conferred on the commissioner by the amendments to ORS
279C.800 by section 1 of this 2010 Act. + }
SECTION 4. { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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Passed by House February 10, 2010
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate February 20, 2010
...........................................................
President of Senate
Enrolled House Bill 3651 (HB 3651-A) Page 3
Received by Governor:
......M.,............., 2010
Approved:
......M.,............., 2010
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2010
...........................................................
Secretary of State
Enrolled House Bill 3651 (HB 3651-A) Page 4