Chapter 934 Oregon Laws 1999

Session Law

AN ACT

HB 2938

Relating to state agencies; creating new provisions; and amending ORS 366.155, 368.016, 469.030 and 469.040 and sections 2, 3 and 5, chapter [Vetoed], Oregon Laws 1999 (Enrolled Senate Bill 483).

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

SECTION 1. As used in section 2 of this 1999 Act, unless the context requires otherwise:

(1) "Alternative fuel" includes but is not limited to electricity, ethanol, methanol, gasohol and propane or natural gas.

(2) "Alternative fuel fleet vehicle" has the meaning given that term in ORS 469.185.

(3) "Private entity" has the meaning given that term in ORS 383.003.

(4) "Public agency" has the meaning given that term in ORS 537.515.

SECTION 2. (1) When the Oregon Department of Administrative Services determines that alternative fuels are not readily available to a public agency or private entity that operates alternative fuel fleet vehicles, the department may provide alternative fuels to the public agency or private entity.

(2) To implement the authority conferred by this section, the department may:

(a) Enter into agreements with private entities.

(b) Enter into agreements with public agencies pursuant to ORS chapter 190.

(c) Adopt rules.

(d) Without adopting a rule, establish and adjust the prices for which the department will sell alternative fuels.

(3) ORS 190.240 does not apply to an agreement with a public agency under this section.

(4) ORS chapter 279 does not apply to an agreement with a private entity under this section.

(5) The price the department charges for an alternative fuel may not exceed the greater of:

(a) The cost to the department of making the alternative fuel available; or

(b) The reasonable price of the alternative fuel in the private markets near the public agency or private entity.

(6) On sales of alternative fuels to private entities, the department shall collect the taxes that would be due in a transaction between private entities.

(7) When adopting rules under this section, the department may take into account the differences in availability of alternative fuels at reasonably competitive prices in the different geographic regions of the state.

(8) Nothing in this section affects the department's authority under ORS 283.315.

SECTION 3. ORS 366.155 is amended to read:

366.155. (1) The Department of Transportation shall, among other things:

(a) So far as practicable, compile statistics relative to the public highways of the state and collect all information in regard thereto which the Director of Transportation may deem important or of value in connection with highway location, construction, maintenance, improvement or operation.

(b) Keep on file in the office of the department copies of all plans, specifications and estimates prepared by the department.

(c) Make all necessary surveys for the location or relocation of highways and cause to be made and kept in the department a general highway plan of the state.

(d) Collect and compile information and statistics relative to the mileage, character and condition of highways and bridges in the different counties in the state, both with respect to state and county highways.

(e) Investigate and determine the methods of road construction best adapted in the various counties or sections of the state, giving due regard to the topography, natural character and availability of road-building materials and the cost of building and maintaining roads under this Act.

(f) Prepare surveys, plans, specifications and estimates for the construction, reconstruction, improvement, maintenance and repair of any bridge, street, road and highway. In advertising for bids on any such project the director shall invite bids in conformity with such plans and specifications.

(g) Keep an accurate and detailed account of all moneys expended in the location, survey, construction, reconstruction, improvement, maintenance or operation of highways, roads and streets, including costs for rights of way, under this Act, and keep a record of the number of miles so located, constructed, maintained or operated in each county, the date of construction, the width of such highways and the cost per mile for the construction and maintenance of the highways.

(h) Upon request of a county governing body, assist the county on matters relating to road location, construction or maintenance. Plans and specifications for bridges or culverts, [and] standard specifications for road projects and construction and maintenance assistance that are provided under this paragraph [shall] may be provided without cost. The Department of Transportation shall determine an amount to be charged for assistance under this paragraph [in establishing specifications and standards for roads under ORS 368.036]. The costs of assistance not specifically provided for under this paragraph shall be paid as provided by agreement between the county governing body and the director.

(2) The director may require duties with respect to audits and accounting procedures provided for in this section and ORS 366.165 to be performed and responsibilities to be assumed by the fiscal officer of the department appointed under ORS 184.637.

(3) In carrying out the duties set forth in this section, the director shall act in a manner that is consistent with the goal set forth in ORS 468B.155.

SECTION 4. ORS 368.016 is amended to read:

368.016. (1) Except as provided in this section or as otherwise specifically provided by law, the exercise of governmental powers relating to a road within a county is a matter of county concern.

(2) A county governing body:

(a) Does not have jurisdiction over any public road that is a state highway.

(b) Shall only take action involving a local access road within a city if the city governing body consents to the action.

(3) Any road that has a classification as a county road on November 1, 1981, shall retain that classification unless the classification is changed under ORS 368.026 or as otherwise provided by law.

[(4) A county governing body may seek assistance from the Department of Transportation as provided under ORS 366.155.]

SECTION 5. ORS 469.030 is amended to read:

469.030. (1) There is created the Office of Energy [within the Department of Consumer and Business Services].

(2) The Office of Energy shall:

(a) Be the central repository within the state government for the collection of data on energy resources;

(b) Endeavor to utilize all public and private sources to inform and educate the public about energy problems and ways in which the public can conserve energy resources;

(c) Engage in research, but whenever possible, contract with appropriate public or private agencies and dispense funds for research projects and other services related to energy resources, except that the Office of Energy shall endeavor to avoid duplication of research whether completed or in progress;

(d) Qualify for, accept and disburse or utilize any private or federal moneys or services available for the administration of ORS 176.820, 192.501 to 192.505, 192.690, 469.010 to 469.225, 469.300 to 469.563, 469.990, 757.710 and 757.720;

(e) Administer federal and state energy allocation and conservation programs and energy research and development programs and apply for and receive available funds therefor;

(f) Be a clearinghouse for energy research to which all agencies shall send information on all energy related research;

(g) Prepare contingent energy programs to include all forms of energy not otherwise provided pursuant to ORS 757.710 and 757.720;

(h) Maintain an inventory of energy research projects in Oregon and the results thereof;

(i) Collect, compile and analyze energy statistics, data and information;

(j) Contract with public and private agencies for energy activities consistent with ORS 469.010 and this section; and

(k) Upon request of the governing body of any affected jurisdiction, coordinate a public review of a proposed transmission line according to the provisions of ORS 469.442.

SECTION 6. ORS 469.040 is amended to read:

469.040. (1) The Office of Energy shall be under the supervision of the administrator of the Office of Energy who shall:

(a) Supervise the day-to-day functions of the Office of Energy;

(b) Supervise and facilitate the work and research on energy facility siting applications at the direction of the Energy Facility Siting Council;

(c) Hire, assign, reassign and coordinate personnel of the Office of Energy, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law; and

(d) Adopt rules and issue orders to carry out the duties of the administrator and the Office of Energy in accordance with ORS 183.310 to 183.550 and the policy stated in ORS 469.010.

(2) The administrator may delegate to any officer or employee the exercise and discharge in the administrator's name of any power, duty or function of whatever character vested in the administrator by law. The official act of any person acting in the administrator's name and by the administrator's authority shall be considered an official act of the administrator.

(3) The administrator shall be appointed by the [Director of the Department of Consumer and Business Services as provided in ORS 705.115] Governor.

SECTION 6a. If Senate Bill 483 becomes law, section 2, chapter [Vetoed], Oregon Laws 1999 (Enrolled Senate Bill 483), is amended to read:

Sec. 2. As used in sections 2 to 4, chapter [Vetoed], Oregon Laws 1999 (Enrolled Senate Bill 483) [of this 1999 Act]:

(1) "Advanced community information systems" includes projects that use computer or communications devices connected to a communications network for the purpose of exchanging information. The term includes projects for the dispatch and operation of smart jitneys.

(2) "Office" means the Office of Energy [within the Department of Consumer and Business Services].

(3) "Smart jitney" means a single-trip car pool or van pool that uses an advanced community information system to provide door-to-door transportation services in selected travel corridors.

SECTION 6b. If Senate Bill 483 becomes law, section 3, chapter [Vetoed], Oregon Laws 1999 (Enrolled Senate Bill 483), is amended to read:

Sec. 3. (1) The Smart Jitney and Advanced Community Information Systems Fund, separate and distinct from the General Fund, is established in the State Treasury. The moneys in the fund are continuously appropriated to the Office of Energy [within the Department of Consumer and Business Services]. The office shall expend moneys in the fund for paying the costs of developing and testing smart jitney services and integrating smart jitney dispatching with other information services in advanced community information systems.

(2) The Smart Jitney and Advanced Community Information Systems Fund shall consist of:

(a) All moneys appropriated to the fund by the Legislative Assembly;

(b) All moneys dedicated to the fund under section 4, chapter [Vetoed], Oregon Laws 1999 (Enrolled Senate Bill 483) [of this 1999 Act]; and

(3) The Office of Energy may use moneys in the fund to pay costs incurred by the office in administering the fund.

SECTION 6c. If Senate Bill 483 becomes law, section 5, chapter [Vetoed], Oregon Laws 1999 (Enrolled Senate Bill 483), is amended to read:

Sec. 5. There is appropriated to the Office of Energy [within the Department of Consumer and Business Services], for the biennium beginning July 1, 1999, out of the General Fund, the amount of $2,000,000 for deposit in the Smart Jitney and Advanced Community Information Systems Fund to be expended for the purposes of developing and testing smart jitney services and integrating smart jitney dispatching with other information services in advanced community information systems.

SECTION 7. (1) For the purpose of payment of expenses incurred in carrying out its duties, functions and powers, the Office of Energy may expend moneys authorized to be expended by the Office of Energy in the Department of Consumer and Business Services that are unexpended on the effective date of this 1999 Act.

(2) Notwithstanding any other law, that portion of the expenditure authority for payment of administrative expenses and other expenses from federal funds set forth in sections 1 and 3, chapter 404, Oregon Laws 1999 (Enrolled House Bill 5012), that is intended by the Legislative Assembly for the support of the activities and programs conducted by the Office of Energy in the Department of Consumer and Business Services is transferred and granted to the Office of Energy.

(3) All rights and obligations of the Office of Energy in the Department of Consumer and Business Services legally incurred before the effective date of this 1999 Act are transferred to the Office of Energy.

SECTION 8. Sections 1 and 2 of this 1999 Act are repealed December 31, 2003.

SECTION 9. (1) The Director of Agriculture shall develop rules for the voluntary mediation of disputes between employers and individuals employed in agricultural labor regarding wages or working conditions. The rules shall be consistent with the provisions of this section and shall require that a mediation begin within 48 hours of the receipt of a request for mediation.

(2) After the conclusion of a voluntary meeting, as described in section 7 (3), chapter [Vetoed], Oregon Laws 1999 (Enrolled Senate Bill 1115), if the participants have failed to reach an agreement, the employer or the individuals employed in agricultural labor may submit the dispute to the voluntary mediation program provided in section 5, chapter 277, Oregon Laws 1995.

(3) When the dispute has been submitted to the voluntary mediation program, the group of individuals employed in agricultural labor may choose a reasonable number of representatives to mediate on their behalf.

(4) It is not an unlawful employment practice under section 7, chapter [Vetoed], Oregon Laws 1999 (Enrolled Senate Bill 1115), to discharge an individual who, during the course of mediation proceedings under this section, refuses to return to work at the terms and conditions prevailing immediately before the voluntary meeting.

(5) The provisions of section 5 (3), chapter 277, Oregon Laws 1995, do not apply to mediation proceedings under this section.

SECTION 10. The State Department of Agriculture may seek an allocation of funds, in addition to and not in lieu of any other allocation, from the Emergency Board, for the biennium beginning July 1, 1999, to carry out the purposes of section 9 of this 1999 Act.

SECTION 11. If Senate Bill 1115 does not become law, sections 9 and 10 of this 1999 Act are repealed.

SECTION 12. Sections 9 and 10 of this 1999 Act are repealed December 31, 2001.

Approved by the Governor August 4, 1999

Filed in the office of Secretary of State August 4, 1999

Effective date October 23, 1999

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