TITLE 26
PUBLIC
FACILITIES, CONTRACTING AND INSURANCE
Chapter 276. Public Facilities
278. Insurance for Public Bodies
279. Public Contracting - Miscellaneous
Provisions
279A. Public Contracting - General Provisions
279B. Public Contracting - Public Procurements
279C. Public Contracting - Public Improvements and
Related Contracts
280. Financing of Local Public Projects and
Improvements; City and County Economic Development
282. Public Printing
283. Interagency Services
_______________
Chapter 276 — Public
Facilities
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
PUBLIC FACILITIES
PUBLIC FACILITIES, CONTRACTING &
INSURANCE
GENERAL PROVISIONS
276.001 Definitions
STATE BUILDINGS AND GROUNDS
(Generally)
276.002 Control
of State Capitol; disposition of rentals
276.003 State
Capitol Operating Account; Oregon State Capitol Foundation Fund
276.004 Utilization
of buildings and grounds other than State Capitol, Supreme Court Building and
State Capitol State Park
276.005 Capital
Projects Fund; use; gifts, grants and donations; loaned moneys
276.007 Oregon
Department of Administrative Services Operating Fund; use of excess amounts
276.009 Acquisition
of state office buildings by installment payments or lease purchase
276.010 Definitions
for ORS 276.046 to 276.062
276.013 Acquisition
of office buildings
276.015 Investment
of certain funds
276.021 State
building police officers; appointment; duties; status
276.023 State
Capitol police officers; status
(Lands and Facilities in Capitol Area)
276.046 Authority
for department to acquire and improve land in capitol area
276.053 State
Capitol State Park; boundaries; administration; monuments
(Capitol Area Planning)
276.054 Declaration
of policy concerning capitol area and other areas
276.055 Capitol
Planning Commission; compensation; meetings
276.056 Duties
of commission
276.057 Existing
development plans and coordination plans
276.058 Investigation
and review of proposals; advice to Oregon Department of Administrative Services
and State Parks and Recreation Department
276.059 Activities
requiring commission review and recommendation
276.061 Commission’s
cooperation with City of Salem
276.062 Disposition
of buildings or improvements acquired for capitol area
276.070 Contract
relating to building owned by Employment Department
(Lease Purchase)
276.071 Applicability
of certain statutes to public improvements under lease purchase agreements
276.072 When
written notice required for public improvement under lease purchase; public
record
(Art Acquisition)
276.073 Definitions
for ORS 276.073 to 276.090
276.075 Public
policy of acquiring works of art for state buildings
276.080 One
percent of moneys for construction or alteration of state buildings to be used
for acquisition of art works; use in other state buildings
276.090 State
agencies to determine art work acquisitions; title to art works in name of
state; administrative expenses and maintenance
(Public Policy for State Buildings)
276.093 Definitions
for ORS 276.093 to 276.098, 276.135, 276.431 and 276.435
276.094 Public
policy for state buildings
276.095 Use
of buildings by state and public
276.096 Consultation
with certain agencies, officers and groups; cooperation with State Historic
Preservation Officer
276.097 Public
access to state offices
276.098 Standards
for development of state buildings and grounds
EXECUTIVE RESIDENCE
276.102 Acceptance
of donations for state executive residence
276.106 Use
of Oregon products
ACQUISITION OF STATE OFFICE BUILDINGS
WITH STATE TRUST FUNDS
276.110 Definitions
for ORS 276.013, 276.015 and 276.110 to 276.137
276.112 Authority
to repay certain loans and to manage Salem office buildings
276.118 Policy
concerning location and manner of construction of buildings
276.120 Building
and site as investment of investing fund; title or leasehold interest of
investing fund
276.122 Assistance,
grants, donations or gifts from United States and others; disposition
276.128 Fire
and other insurance
276.135 Renting
space to public agencies and private citizens
276.137 Title
to buildings
TRANSFER OF VACANT FACILITIES TO OREGON
DEPARTMENT OF ADMINISTRATIVE SERVICES
276.180 Transfer
of certain buildings, grounds and facilities when vacated; operation;
maintenance
SERVICES AND FACILITIES FOR STATE
BUILDINGS
(Heat, Light, Power, Sewage, Fire Protection
and Communications)
276.210 Definition
for ORS 276.210 to 276.228
276.212 Department
may establish and operate heat, light, communication and power systems
276.214 Acquiring
land, buildings and structures; eminent domain procedure
276.216 Erecting
and constructing buildings and structures
276.218 Acquiring
machines and equipment; terms; pledging operating funds
276.220 Payment
of cost of real and personal property
276.222 Contracting
to purchase services and use facilities
276.224 Charges
for providing heat, light, communication, power facilities; transfer from
appropriations to revolving fund
276.226 Acceptance
of federal funds; contracts with United States or its agencies
276.227 Statewide
planning process; public review process for capital projects; advisory board;
state property database; maintenance plans
276.228 Approval
of claims
276.229 Four-year
major construction budgets for state agencies; maintenance plans and budgets;
application to certain agencies
(Water)
276.234 Providing
water and water power for public buildings and institutions
276.236 Department
may acquire land, water and water rights, watercourses, franchises and
privileges
276.238 Purchase
of land, water and water rights, watercourses, franchises and privileges
276.240 Eminent
domain procedure; possession of property; rental value
276.242 Proceedings
in name of state; pleadings; conveyances and contracts
276.244 Powers
of department
(Miscellaneous)
276.246 Repair,
replacement and reconstruction of buildings, appliances, fixtures and furniture
damaged by fire
276.248 Water
pipes and supply; entry to place and repair pipes; damages for use of land
276.250 Agreement
with City of Salem for water and fire protection
276.252 Sewage
system for state institutions and departments
276.265 Apprenticeship
programs; state agency as training agent
(Financing Construction, Maintenance and
Repair)
276.280 Definitions
for ORS 276.285
276.285 Maintenance,
preservation and development of state-owned property; dedicated accounts;
rental program
ASSIGNMENT, LEASING AND RENTAL OF STATE
BUILDINGS AND OTHER OFFICE QUARTERS
276.385 Rentals
for buildings other than State Capitol or Supreme Court Building
276.390 Approval
of rent schedule by Emergency Board; appropriations to cover rental costs; rent
schedule for State Capitol and Supreme Court Building
276.410 Assignment
of quarters to officers and state agencies
276.412 Payment
of rent by state agencies
276.420 “Office
quarters” defined; department may enter into leases and rental agreements on
behalf of certain agencies
276.424 Joint
leases
276.426 Location
of leased office quarters of state agencies to be centralized
276.428 Approval
and supervision of leases and rental agreements; ordering changes in location
of offices of state agencies
276.429 Leases;
lease option purchase; cost policy; report to legislative review agency
276.431 Rentals
and leases for commercial, cultural, educational or recreational activities
276.435 Renting
space in branch office buildings to public agencies and private citizens
276.440 Renting
space to public agencies and private citizens; use for meetings
EMPLOYMENT DEPARTMENT OFFICE BUILDING
276.575 Computation
of rent schedules; collection of rents
276.580 Additional
payment by occupants for maintenance and service charges
276.585 Assignment
of excess space; rental and additional charges
SUPREME COURT BUILDING
276.587 Control
through State Court Administrator; contract for operation
PARKING FACILITIES; CAR POOLS
276.591 Parking
policy
276.592 Taxation
of parking facilities used by private individuals
276.594 Management
of grounds and parking structures or facilities in capitol area; exemptions and
limitations; fees; rules
276.595 Operation
of facilities under control of agencies other than department; rules
276.598 Car
or van pools; rules
276.601 Base
rate set by agencies; reductions and special fees; disposition of receipts
BUILDINGS AT STATE INSTITUTIONS; STATE
BUILDING FUND
276.610 State
Building Fund
276.612 Determining
buildings to be constructed, altered, repaired, furnished and equipped
OPTIONS
276.625 Authority
to acquire options; contingency; legislative review agency approval
COMMUNITY HOUSES
276.732 Community
houses in cities; constructing; financing; use
276.734 Submission
of issues to electors
276.736 Levy
of tax; sale of bonds; construction and maintenance of houses
STATE AGENCY FACILITY ENERGY DESIGN
276.900 Policy
276.905 Definitions
for ORS 276.900 to 276.915
276.910 Use
of fuel cell power systems in state agency facilities; rules
276.915 Energy
design requirements; rules; fees; waiver
PENALTIES
276.990 Penalties
GENERAL PROVISIONS
276.001 Definitions.
As used in this chapter, unless the context requires otherwise:
(1)
“Department” means the Oregon Department of Administrative Services.
(2)
“Director” means the Director of the Oregon Department of Administrative
Services. [1969 c.706 §2; 1993 c.500 §14]
STATE BUILDINGS AND GROUNDS
(Generally)
276.002 Control of State Capitol;
disposition of rentals. (1) The Legislative Assembly,
through the Legislative Administration Committee, shall exercise control over
the use of the State Capitol.
(2)
The committee has exclusive power to assign and reassign quarters in the State
Capitol for such periods and under such terms, including rental rates, as the
committee considers appropriate.
(3)
All rentals for quarters and for parking shall be credited to the State Capitol
Operating Account.
(4)
The committee has exclusive power to assign and reassign parking spaces in the
garage of the State Capitol, in the area immediately north of the State Capitol
but south of and separated from Court Street by a traffic island, painted
markings or other traffic control devices and in the area immediately south of
the State Capitol but north of and separated from State Street by a traffic
island, painted markings or other traffic control devices. The committee has
exclusive power to prescribe parking regulations in the garage and the other areas
described in this subsection and may prescribe fines or other penalties for
violating those regulations. The committee shall give notice of any parking
prohibitions or restrictions by posting appropriate signs in plain view. The
Department of State Police shall enforce the regulations described in this
subsection. All citations issued for violating the parking regulations
described in this subsection shall conform to the requirements of ORS 810.425.
Notwithstanding other provisions of this subsection, the Oregon Department of
Administrative Services is responsible for collecting parking fees under ORS
292.065.
(5)
The committee may enter into contracts or agreements the committee considers
necessary to:
(a)
Renovate and repair the State Capitol;
(b)
Renovate, repair or replace State Capitol fixtures and facilities;
(c)
Make artistic or aesthetic improvements to the State Capitol and adjacent
areas;
(d)
Conduct or sponsor special events; and
(e)
Conduct or sponsor projects intended to preserve or promote the historical
integrity of the State Capitol and adjacent areas. [1967 c.419 §55; 1969 c.620 §15;
1977 c.116 §1; 1981 c.132 §2; 1993 c.500 §59; 1997 c.817 §2; 1999 c.285 §1;
2001 c.118 §2; 2007 c.175 §1]
276.003 State Capitol Operating Account;
Oregon State Capitol Foundation Fund. (1) There is
created in the General Fund of the State Treasury a State Capitol Operating
Account. Moneys credited to the account are appropriated continuously to the
Legislative Administration Committee to pay the expenses of operating,
maintaining, protecting and insuring the State Capitol and to reimburse the
State Parks and Recreation Department for a share of the expenses of ground
maintenance, utilities and other necessary expenses.
(2)
There is established the Oregon State Capitol Foundation Fund in the State
Capitol Operating Account of the General Fund established under subsection (1)
of this section. All moneys received by the Legislative Administration
Committee allocated to the Oregon State Capitol Foundation shall be credited to
the Oregon State Capitol Foundation Fund. All moneys received under ORS 292.047
and directed to the Oregon State Capitol Foundation Fund shall be credited to
the Oregon State Capitol Foundation Fund. All moneys credited to the Oregon State
Capitol Foundation Fund are continuously appropriated to the foundation for the
purposes of ORS 173.500, except that moneys received under ORS 292.047 and
credited to the Oregon State Capitol Foundation Fund are continuously
appropriated for the purposes of ORS 173.500 (2)(e).
(3)
The Legislative Administration Committee may on behalf of the State of Oregon
solicit and accept gifts, grants and donations from public and private sources
for the purposes set out in ORS 276.002. Such gifts, grants and donations shall
be deposited by the committee in separate, appropriate trust accounts until
such time as required to meet the obligations for which the gifts, grants or
donations were intended. When so required, the committee shall deposit the
amounts in the Oregon State Capitol Foundation Fund, subject to any limitations
imposed by the donors.
(4)
A gift or donation to the Legislative Administration Committee or to the Oregon
State Capitol Foundation is a gift or donation to the State of Oregon. [1977
c.116 §5; 1981 c.132 §3; 1997 c.817 §3; 2001 c.118 §3; 2007 c.892 §1; 2009
c.281 §2]
Note:
276.003 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 276 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
276.004 Utilization of buildings and
grounds other than State Capitol, Supreme Court Building and State Capitol
State Park. (1) Notwithstanding any other provision
of law, and except for the Supreme Court Building, the State Capitol and the
grounds included within the State Capitol State Park under ORS 276.053, the
Oregon Department of Administrative Services shall manage and control the
utilization of:
(a)
Buildings and properties in the capitol area, including those acquired under
ORS 276.046;
(b)
Office buildings as defined in ORS 276.110;
(c)
Vacated state institution buildings and facilities as described in ORS 276.180;
(d)
The state office building and parking structure in Portland;
(e)
The state office building and parking structure in Eugene;
(f)
Properties being acquired through lease-purchase option or installment purchase
agreement under ORS 276.429; and
(g)
Parking facilities as described in ORS 276.594.
(2)
Except as otherwise provided in this section, the Oregon Department of
Administrative Services shall assign and reassign quarters in buildings owned
by this state and specified in this section, for such periods and under such
terms as the department considers appropriate. [1967 c.419 §56; 1969 c.706 §8;
1973 c.772 §8; 1974 c.71 §3; 1977 c.116 §2; 1977 c.598 §1; 1981 c.491 §1; 1993
c.500 §15; 2007 c.892 §2]
276.005 Capital Projects Fund; use; gifts,
grants and donations; loaned moneys. (1) The
Oregon Department of Administrative Services through funds appropriated
therefor, from balances in the Capital Projects Fund, or as otherwise provided
by law, may enter into all contracts or agreements deemed necessary to:
(a)
Purchase, construct, improve, repair, equip and furnish office buildings as
defined in ORS 276.110;
(b)
Purchase, construct, improve and repair utility and service facilities;
(c)
Execute such other buildings, grounds and public works projects for state
government as may be necessary to accomplish the purposes of this chapter; and
(d)
Acquire land by purchase, gift, exchange, lease, condemnation or otherwise for
the purposes of paragraphs (a), (b) and (c) of this subsection and to improve
sites therefor.
(2)
There is established in the State Treasury a Capital Projects Fund, separate
and distinct from the General Fund. The moneys in the Capital Projects Fund may
be invested as provided in ORS 293.701 to 293.820. Interest earnings on the
fund assets shall be credited to the fund. All moneys credited to the fund by
law are appropriated continuously to the department for the purposes set out in
subsection (1) of this section.
(3)
The Oregon Department of Administrative Services on behalf of the State of
Oregon may accept gifts, grants and donations from public and private sources
for the purposes set out in subsection (1) of this section. Such gifts, grants
and donations shall be deposited by the department in appropriate separate
trust accounts until such time as required to meet the obligations for which
the gift, grant or donation was intended. When so required, the department
shall deposit such amounts in the Capital Projects Fund, subject to any
limitations imposed by the donor.
(4)
Moneys loaned by an investing fund under ORS 276.013, 276.015 and 276.110 to
276.137 shall be deposited in the Capital Projects Fund and are appropriated
continuously for the purposes set out in subsection (1) of this section. [1969
c.706 §§3,4,5; 1977 c.598 §2; 1981 c.106 §4; 1989 c.756 §14]
276.007 Oregon Department of
Administrative Services Operating Fund; use of excess amounts.
(1) Moneys credited to the Oregon Department of Administrative Services
Operating Fund by law are appropriated continuously to the Oregon Department of
Administrative Services and may be used to:
(a)
Repay investing funds for moneys loaned under ORS 276.013, 276.015 and 276.110
to 276.137, and the interest thereon; and
(b)
Pay all the expenses associated with operating, maintaining, repairing,
equipping and furnishing the buildings and facilities described in ORS 276.004.
(2)
For any biennium any moneys collected by the department pursuant to ORS 276.385
and 276.412 as rental payments for depreciation reserves for space in
buildings, parking facilities and mall houses specified in ORS 276.004 and any
net profit from mall houses shall be transferred from the Oregon Department of
Administrative Services Operating Fund to the Capital Projects Fund for any of
the purposes enumerated in ORS 276.005 (1).
(3)
Except as provided in subsection (2) of this section, and except an amount as
determined by the department for operating capital for the management of such
office space, for any biennium any moneys collected by the department pursuant
to ORS 276.385 and 276.412 as rental payments for space in buildings specified
in ORS 276.004 that exceed the amounts required by law to be paid out of such
moneys with respect to that biennium, shall be used to adjust rental rates in
the current or subsequent biennia. [1969 c.706 §12; 1977 c.116 §3; 1977 c.598 §3;
1981 c.106 §2; 1983 c.599 §7; 1993 c.500 §16]
276.008 [1973
c.568 §2; repealed by 2005 c.217 §30]
276.009 Acquisition of state office
buildings by installment payments or lease purchase.
(1) The Oregon Department of Administrative Services may enter into an
agreement or agreements with financial institutions to fund or otherwise
acquire state office buildings and parking facilities by installment purchase
or lease purchase contracts as provided in ORS 276.429. Any moneys so obtained
shall be deposited in the Capital Projects Fund. Such acquired facilities may
be located in the Capitol Mall area or in communities throughout the state.
(2)
In addition to and not in lieu of any other moneys made available by law, there
is established as the maximum amount to be expended for the purposes authorized
in subsection (1) of this section and ORS 276.005 (1) the following amounts for
the following purposes:
(a) Eugene
Regional Center Construction - $1
(b) Medford
Regional Center Construction - $1
(c) Eugene
State Police Facility Construction - $1
(d) Mall
Office Building II - $1
(3) Subsection (2) of this section does
not limit, affect or apply to any expenditures by the department for interest
payments while the facilities are under construction, bond counsel and
underwriter’s fees, legal fees, escrow or trustee fees, lessor fees or
repayment reserves as may be required by the financial institutions. [1983
c.667 §2]
Note:
276.009 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 276 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
276.010
Definitions for ORS 276.046 to 276.062. As used in
ORS 276.046 to 276.062:
(1) “Capitol area” means the capitol group
of buildings and the grounds owned by the state adjacent to the buildings, and
includes any new buildings that may be constructed on the grounds as an
addition to the capitol group of buildings.
(2) “Capitol group of buildings” means the
state buildings in Salem in and about the Capitol Mall, other than the State
Capitol and the grounds included within the State Capitol State Park under ORS
276.053.
(3) “Capitol Mall” means the area
beginning at the northwest corner of State Street and 12th Street in the City
of Salem, Marion County, Oregon; then continuing along 12th Street in a
northerly direction to Court Street; then continuing along Court Street in a
westerly direction to Capitol Street; then continuing along Capitol Street in a
northerly direction to D Street; then continuing along D Street in a westerly
direction to Winter Street; then continuing along Winter Street in a southerly
direction to Court Street; then continuing along Court Street in a westerly
direction to Cottage Street; then continuing along Cottage Street in a
southerly direction to State Street; then continuing along State Street in an
easterly direction to the point of beginning.
(4) “State agency” has the meaning given
that term in ORS 358.635. [Amended by 1969 c.706 §16; 2003 c.796 §2; 2005 c.217
§10; 2007 c.892 §3]
276.012
[Amended by 1967 c.419 §58; repealed by 1969 c.199 §59]
276.013
Acquisition of office buildings. When the
Director of the Oregon Department of Administrative Services determines that an
office building as defined in ORS 276.110 would be the best means to further
the public policy of this state as declared in ORS 276.426, or otherwise to
accomplish the purposes of ORS 276.005 (1), the Oregon Department of
Administrative Services may request the State Treasurer and investing agency,
as defined in ORS 276.110, to loan funds to acquire the buildings necessary to
carry out that policy. [1969 c.706 §38; 1973 c.129 §1; 1977 c.598 §4]
Note:
276.013, 276.015 and 276.021 were made a part of ORS
chapter 276 by legislative action but were not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
276.014
[Amended by 1969 c.198 §79; repealed by 1969 c.199 §59]
276.015
Investment of certain funds. For the
purposes of ORS 276.002 to 276.007 and 276.010 to 276.137, the State Treasurer,
with the approval of the investing agency, as defined in ORS 276.110, may
invest not to exceed seven percent of the moneys in any appropriate fund
included in the investment funds, as defined in ORS 293.701, on such terms and
conditions as the State Treasurer, the investing agency and the Oregon
Department of Administrative Services determine. [1969 c.706 §39; 1977 c.598 §5]
Note:
See note under 276.013.
276.016
[Repealed by 1969 c.199 §59]
276.017
[1969 c.706 §41; repealed by 1977 c.598 §35]
276.018
[Repealed by 1969 c.199 §59]
276.020
[Repealed by 1969 c.199 §59]
276.021
State building police officers; appointment; duties; status.
The Director of the Oregon Department of Administrative Services, subject to
any applicable provisions of the State Personnel Relations Law, shall appoint
and supervise state building police officers, who shall protect the buildings
and property in the capitol area that are within the jurisdiction of the Oregon
Department of Administrative Services and enforce traffic and parking rules
established by the department in areas subject to its jurisdiction and, in
performing such duties, shall have the same authority as other peace officers
as defined in ORS 133.005. [1974 c.28 §2; 1977 c.116 §6; 1993 c.500 §17]
Note:
See note under 276.013.
276.022
[Repealed by 1969 c.199 §59]
276.023
State Capitol police officers; status. If the
Legislative Administration Committee appoints police officers to protect the
State Capitol, when performing their duties, the officers shall have the same
authority as other peace officers as defined in ORS 133.005. [1977 c.116 §7;
1981 c.132 §4]
Note:
276.023 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 276 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
276.024
[Amended by 1967 c.583 §6; 1969 c.199 §19; renumbered 276.565]
276.025
[1967 c.583 §§3,4; 1969 c.199 §20; 1969 c.706 §19; renumbered 276.567]
276.026
[Amended by 1967 c.583 §7; repealed by 1977 c.598 §35]
276.027
[1959 c.312 §1; repealed by 1977 c.116 §8]
276.028
[Amended by 1971 c.639 §1; 1987 c.253 §1; 1999 c.748 §1; 2005 c.217 §11;
renumbered 276.054 in 2009]
276.030
[Amended by 1973 c.129 §2; 1973 c.792 §8; 1983 c.546 §6; 1997 c.632 §4; 2003
c.53 §1; repealed by 2005 c.217 §30]
276.031
[2003 c.796 §21; repealed by 2005 c.217 §30]
276.032
[Repealed by 2003 c.796 §28]
276.033
[2003 c.796 §22; 2005 c.217 §12; repealed by 2009 c.896 §12]
276.034
[Amended by 1971 c.639 §2; 1987 c.253 §2; 1999 c.748 §2; repealed by 2003 c.796
§28]
276.035
[2003 c.796 §23; 2005 c.217 §13; repealed by 2009 c.896 §12]
276.036
[Amended by 1971 c.639 §3; 1973 c.129 §8; 1977 c.719 §4; 1999 c.748 §3;
repealed by 2003 c.796 §28]
276.037
[1973 c.129 §7; 2003 c.796 §§3,4; repealed by 2005 c.217 §30]
276.038
[Amended by 1971 c.639 §4; repealed by 2003 c.796 §28]
276.039
[2003 c.796 §24; repealed by 2005 c.217 §30]
276.040
[Amended by 1971 c.639 §5; 1973 c.129 §4; 2003 c.14 §138; repealed by 2003
c.796 §28]
276.041
[2003 c.796 §25; 2005 c.217 §14; repealed by 2009 c.896 §12]
276.042
[Amended by 1969 c.314 §17; 1973 c.129 §9; 1987 c.879 §11; repealed by 2003
c.796 §28]
276.043
[1971 c.6 §2; 2003 c.796 §§5,6; repealed by 2005 c.217 §30]
276.044
[Amended by 1969 c.706 §21; repealed by 1975 c.605 §33]
276.045
[2003 c.796 §26; repealed by 2005 c.217 §30]
(Lands
and Facilities in Capitol Area)
276.046
Authority for department to acquire and improve land in capitol area.
(1) The Oregon Department of Administrative Services may obtain title in the
name of the State of Oregon by purchase, agreement, donation or exercise of the
power of eminent domain, for development as a part of the capitol area to all
land lying within the Capitol Mall.
(2) From time to time, when offered at
proper prices and from funds available through appropriations for such purpose
or through the Emergency Board, the department may purchase or acquire by agreement
or donation, for development as a part of the capitol area, land lying within
the Capitol Mall.
(3) The department may improve and develop
the land acquired in a manner to accomplish the purpose and intent of ORS
276.054. [Amended by 1957 c.377 §1; 2005 c.217 §15]
276.047
[1953 c.608 §§1,4; repealed by 1955 c.54 §1]
276.048
[Repealed by 1969 c.199 §59]
276.049
[1953 c.510 §1; repealed by 1969 c.199 §59]
276.050
[1953 c.510 §2; 1967 c.419 §25; repealed by 1969 c.199 §59]
276.051
[Repealed by 1977 c.598 §35]
276.052
[1967 c.565 §7; repealed by 1977 c.598 §35]
276.053
State Capitol State Park; boundaries; administration; monuments.
(1) The State Capitol State Park is created, consisting of:
(a) The grounds immediately surrounding
the State Capitol bordered by State Street on the south, Court Street on the
north, Cottage Street on the west and Waverly Street on the east; and
(b) The grounds surrounding the Department
of Transportation Building, the Public Service Building, the Bureau of Labor
and Industries Building and the State Library, bordered by Court Street on the
south, Center Street on the north, Winter Street on the west and Capitol Street
on the east.
(2) Except as provided in ORS 276.002 (4)
and subsection (3) of this section, the State Parks and Recreation Department
shall manage and control the utilization of the State Capitol State Park.
(3) The Oregon Department of
Administrative Services shall manage and control the utilization of the
underground parking structures located beneath the area described in subsection
(1)(b) of this section and all aboveground structures that provide access to
the underground parking structures.
(4) The Oregon Department of
Administrative Services shall construct one or more permanent lavatories on the
grounds of the State Capitol State Park. Upon completion of construction, the
State Parks and Recreation Department shall maintain and control the
utilization of the lavatories.
(5)(a) To commemorate and honor Indian
tribes, the State Parks and Recreation Department shall plan, erect and
maintain one or more monuments or other suitable markers that are sited within,
and are compatible with, the Walk of the Flags on the grounds of the State
Capitol State Park.
(b) The department shall consult with the
Oregon State Capitol Foundation, the Commission on Indian Services and each of
the federally recognized Indian tribes in Oregon in carrying out its duties
under this section.
(c) The department shall carry out its
duties under subsection (5)(a) of this section only after obtaining funding
from private sources. [2007 c.892 §5; subsection (5) of 2009 Edition enacted as
2008 c.6 §1]
Note:
276.053 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 276 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
(Capitol
Area Planning)
276.054
Declaration of policy concerning capitol area and other areas.
A special relationship exists between the City of Salem, Oregon’s capitol, and
state government. State lands and buildings and the functions of state
government have a significant impact on the City of Salem. It is declared to be
the purpose and policy of the State of Oregon to establish and effectuate a long-range
plan of development of the capitol area in the City of Salem and the areas
immediately surrounding state buildings situated outside the capitol area
within the boundaries of the City of Salem and to coordinate the acquisition
and disposition of real property and the construction of buildings by the
state, the laying out of streets and the landscaping of grounds in the areas.
The purpose of the long-range plan is to enhance and preserve the beauty and
dignity of the areas and permanently to secure the areas from commercial and
industrial encroachment. [Formerly 276.028]
276.055
Capitol Planning Commission; compensation; meetings.
(1) The Capitol Planning Commission is established. The commission shall
consist of nine members, as follows:
(a) Four members shall be appointed by the
Governor;
(b) One member shall be the Mayor of the
City of Salem or the designee of the mayor;
(c) One member shall be the chairperson of
the Salem Planning Commission or a member of the planning commission who is
designated by the chairperson;
(d) One member shall be the Director of
the Oregon Department of Administrative Services or the designee of the
director;
(e) One member, who shall be an advisory
member without vote, shall be the President of the Senate or a person serving
in the Senate who is designated by the President; and
(f) One member, who shall be an advisory
member without vote, shall be the Speaker of the House of Representatives or a
person serving in the House of Representatives who is designated by the
Speaker.
(2) Of the four members of the commission
appointed by the Governor under subsection (1) of this section:
(a) At least two members must be residents
of Marion County or Polk County. Of the members who are residents of Marion
County or Polk County, at least one member must be a resident of the City of
Salem.
(b) Only one member may be employed by a
public body as defined in ORS 174.109.
(3) The term of office of the four members
of the commission appointed by the Governor is four years, but each such member
shall serve at the pleasure of the Governor.
(4) A vacancy in the office of any of the
four members of the commission appointed by the Governor shall be filled by the
Governor by appointment for the unexpired term.
(5) The commission shall elect a
chairperson and a vice chairperson, who shall serve as officers for a term of
two years and may be reelected.
(6) Members of the Capitol Planning
Commission who are not members of the Legislative Assembly are entitled to
compensation and expenses as provided in ORS 292.495. Members of the commission
who are members of the Legislative Assembly shall be paid compensation and
expense reimbursement as provided in ORS 171.072, payable from funds
appropriated to the Legislative Assembly.
(7) The Oregon Department of
Administrative Services shall provide staffing and other resources required by
the commission to carry out the commission’s duties.
(8) The commission shall adopt
administrative rules necessary for the performance of the commission’s duties.
(9) The Capitol Planning Commission shall
meet at the call of the chairperson or at such times that a majority of the
commission members considers appropriate. The Governor may call the commission
to meet at any time requested by the Oregon Department of Administrative
Services. [2009 c.896 §§1 to 3]
Note:
276.055 to 276.061 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 276 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
276.056
Duties of commission. (1) The Capitol Planning
Commission:
(a) Shall adopt and implement a plan of
development for the areas described by ORS 276.054 and shall recommend to the
Legislative Assembly any legislation necessary to effectuate the plan.
(b) Shall conduct continuing studies and
analyses, in cooperation with affected state agencies, of the building needs of
all state agencies located within the boundaries of the cities of Salem and
Keizer.
(c) Shall establish, adopt and implement a
master plan for the development of the state buildings situated within the area
bordered by State Street on the south and D Street on the north, and Winter
Street on the west and 12th Street, between State Street and Court Street, and
Capitol Street, between Court Street and D Street, on the east.
(d) Shall adopt standards for the
development of state buildings and grounds, including but not limited to
landscaping requirements, setback requirements, lot coverage limitations,
building height and bulk limitations and requirements for the protection of the
surrounding community environment.
(2) If the commission establishes, adopts
or implements a plan of development in an area that is located within the
boundaries of the City of Salem or the City of Keizer, the commission shall
recommend to the governing body of Salem or Keizer any legislation necessary to
effectuate the plan.
(3) The commission shall consult with
state agencies, transit districts and other local government agencies that have
jurisdiction within the areas described by ORS 276.054 for the purpose of
adopting a plan for facilitating coordination between state agencies and local
government agencies in the development of state buildings and grounds in those
areas.
(4) The commission shall coordinate with
the Oregon State Capitol Foundation on all activities of the commission
relating to the State Capitol, State Capitol grounds and the Capitol Mall. [2009
c.896 §4]
Note:
See note under 276.055.
276.057
Existing development plans and coordination plans.
Any development plan or coordination plan for the areas described by ORS
276.054 that is in effect on January 1, 2010, remains in effect until modified
or repealed by the Capitol Planning Commission under ORS 276.056. [2009 c.896 §5]
Note:
See note under 276.055.
276.058
Investigation and review of proposals; advice to Oregon Department of
Administrative Services and State Parks and Recreation Department.
The Capitol Planning Commission shall:
(1) Investigate the advisability of
additions to, reductions of or other changes in state buildings and grounds in
the areas described by ORS 276.054;
(2) Investigate, review and make
recommendations on all proposals of state agencies to add to, reduce or
otherwise change the use of a state building or grounds in the areas described
by ORS 276.054;
(3) Advise the State Parks and Recreation
Department on matters related to the State Capitol State Park and on matters
related to development that is located within the State Capitol State Park; and
(4) Advise the Oregon Department of
Administrative Services on:
(a) The planning and location of state
buildings in the areas described by ORS 276.054;
(b) The development of the areas described
by ORS 276.054, including but not limited to general design, landscaping,
traffic management, monuments, statues and fountains; and
(c) All other matters connected with a
proposed construction or development to be undertaken by the state within the
areas described by ORS 276.054. [2009 c.896 §6]
Note:
See note under 276.055.
276.059
Activities requiring commission review and recommendation.
(1) A state agency may not give final approval to a proposal for the purchase
or erection of a state building in the areas described by ORS 276.054, or for a
significant change to the use of a state building in those areas that will
require an expenditure of more than $1 million, until the Capitol Planning
Commission has reviewed the proposal for compliance with development plans
adopted by the commission under ORS 276.056 and has made a recommendation on
the proposal. The commission shall complete the review of a proposal, and
provide the agency with a written decision supporting the commission’s
determination, within 90 days after the proposal is submitted to the
commission. If the commission fails to provide the agency with a written
decision within the time allowed, the project is deemed approved by the
commission.
(2) Proposals that have been reviewed by
the Capitol Planning Commission under this section need not be reviewed by the
Capital Projects Advisory Board established under ORS 276.227. [2009 c.896 §7]
Note:
See note under 276.055.
276.060
[1953 c.67 §1; 1957 c.377 §2; repealed by 1969 c.706 §70]
276.061
Commission’s cooperation with City of Salem. (1)
The Capitol Planning Commission shall provide a report to the Legislative
Assembly once every two years on plans adopted under ORS 276.056. The report
shall be made in the manner provided by ORS 192.245.
(2) The Capitol Planning Commission shall
make all possible efforts to obtain the cooperation of officers and commissions
of the City of Salem for the purpose of establishing the zoning of that part of
the city contiguous to the capitol area that will allow the State of Oregon to
maintain the state’s administrative buildings in a continuous and park-like
area.
(3) The Capitol Planning Commission shall
provide regular updates to Salem neighborhood associations on plans developed
under ORS 276.056 that may affect residents in the neighborhoods represented by
those associations. [2009 c.896 §8]
Note:
See note under 276.055.
276.062
Disposition of buildings or improvements acquired for capitol area.
The Oregon Department of Administrative Services may sell, wreck or dispose of
the buildings and improvements that exist, at the time of acquisition, on
property acquired by the state for future expansion of the capitol area. [1953
c.67 §2; 1967 c.419 §59; 1969 c.199 §21; 1969 c.706 §26; 1977 c.598 §6]
276.064
[1953 c.67 §3; 1957 c.349 §2; 1969 c.199 §22; 1969 c.706 §27; repealed by 1977
c.598 §35]
276.066
[1953 c.67 §4; 1965 c.112 §1; 1969 c.199 §23; repealed by 1969 c.706 §70]
276.070
Contract relating to building owned by Employment Department.
The Employment Department and the Oregon Department of Administrative Services
may contract for the operation, maintenance and insuring by the Oregon
Department of Administrative Services of any office building located in the
capitol area, as defined in ORS 276.010, that is owned wholly or in part by the
Employment Department. [1969 c.706 §42]
(Lease
Purchase)
276.071
Applicability of certain statutes to public improvements under lease purchase
agreements. ORS 276.073 to 276.090, 279A.005 to
279A.030, 279A.050 to 279A.075, 279A.100, 279A.105, 279A.110, 279A.120,
279A.125, 653.268 and 653.269 and ORS chapter 279C, except ORS 279C.600 to
279C.625 apply to all public improvements that are being constructed,
reconstructed or renovated for use by a state agency under a lease-purchase
agreement or under any other agreement whereby ultimate state ownership is
contemplated or expected. [1993 c.476 §2; 2003 c.794 §225]
Note:
276.071 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 276 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
276.072
When written notice required for public improvement under lease purchase;
public record. (1) No state agency shall influence or
affect the design of any construction, reconstruction or renovation of a public
improvement that the agency intends to lease-purchase without first giving
written notice to the Oregon Department of Administrative Services of its
intent to occupy or otherwise use the public improvement.
(2) Notice given to the department under
subsection (1) of this section is a part of the public record of the state
agency and the department. [1993 c.476 §1]
Note:
276.072 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 276 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
(Art
Acquisition)
276.073
Definitions for ORS 276.073 to 276.090. As used in
ORS 276.073 to 276.090, unless the context requires otherwise:
(1) “Construction or alteration” does not
include:
(a) Any construction, physical plant
rehabilitation, improvement or remodeling project which has an estimated cost
of less than $100,000.
(b) Indirect construction or alteration costs
such as inspection fees, professional services, interest under construction,
advertising, furnishings, soil testing, construction permits and legal fees.
(c) Remodeling or renovation projects in
which more than 75 percent of the project cost represents improvements to
mechanical systems.
(2) “Contracting agency” means any state
agency authorized by law to enter into public contracts.
(3) “State building” does not include the
following:
(a) Any correctional facility.
(b) Motor pools, heating plants, parking
lots, maintenance sheds, highways, bridges, sewers, fishponds, fishways,
service facilities at state parks and highway rest areas and similar
nonarchitectural structures or improvements. [1977 c.848 §2; 1989 c.978 §1;
1995 c.732 §1]
Note:
276.073 to 276.090 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 276 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
276.075
Public policy of acquiring works of art for state buildings.
The Legislative Assembly recognizes the responsibility of the state to foster
culture and the arts and its interest in the development of artists and
craftsmen. Further, the Legislative Assembly recognizes that the visual arts
contribute to and provide experiences which are conducive to the enrichment and
betterment of the social and physical environment. Art has enabled people of
all societies better to understand their community and individual lives.
Therefore, the Legislative Assembly declares it to be the public policy of this
state to expend a portion of expenditures for capital purposes for the
acquisition of works of art to be displayed in state buildings. [1975 c.472 §1]
Note:
See note under 276.073.
276.080
One percent of moneys for construction or alteration of state buildings to be
used for acquisition of art works; use in other state buildings.
(1) All appropriations for the construction or alteration of any state building
shall be considered to contain an appropriation of one percent of the amount
thereof for the acquisition of works of art which may be an integral part of
the building, attached thereto or capable of display in other state buildings.
(2) When it would not be appropriate to
place works of art in a given structure, the funds authorized in subsection (1)
of this section shall be expended to acquire works of art for placement in
other buildings under the control of the contracting agency. [1975 c.472 §2;
1977 c.848 §3]
Note:
See note under 276.073.
276.090
State agencies to determine art work acquisitions; title to art works in name
of state; administrative expenses and maintenance.
(1) The Arts Program of the Oregon Business Development Department and the
Oregon Department of Administrative Services, if the construction project is
located within the area described in ORS 276.054, and the Arts Program of the
Oregon Business Development Department, the Oregon Department of Administrative
Services and the contracting agency if the project is located outside the area
described in ORS 276.054, in consultation with the architect for the particular
building shall determine the amount available for each state building and shall
commission by contract or shall purchase suitable works of art for each
building. The agencies designated by this section are solely responsible for
selection, review of design, execution, placement and acceptance of works of
art acquired pursuant to ORS 276.073 to 276.090. The designated agencies, to
the extent reasonable, shall consult with appropriate local citizens groups and
the occupants of the affected state building in determining the selection of
the works of art.
(2) Of the amount determined to be
available for a state building under subsection (1) of this section, a portion
may be assessed by the Arts Program of the Oregon Business Development
Department and used to reimburse the program for costs incurred under ORS
276.073 to 276.090 as administrative expenses or as expenses for maintaining
the works of art acquired. No more than 10 percent of the amount available for
a state building may be assessed under this subsection.
(3) Title to works of art acquired
pursuant to ORS 276.073 to 276.090 vests with the contracting agency in the
name of the state. The agencies designated by this section may lend works of
art between public buildings whenever in their judgment the loan will be to the
benefit of the citizens of this state. However, the works of art shall be
returned to the contracting agency at its request. [1975 c.472 §3; 1977 c.848 §4;
1993 c.209 §19; 2003 c.796 §§7,8; 2005 c.217 §16]
Note:
See note under 276.073.
(Public
Policy for State Buildings)
276.093
Definitions for ORS 276.093 to 276.098, 276.135, 276.431 and 276.435.
As used in ORS 276.093 to 276.098, 276.135, 276.431 and 276.435:
(1) “Commercial activities” includes, but
is not limited to, restaurants, food stores, craft stores, dry goods stores and
display facilities.
(2) “Cultural activities” includes, but is
not limited to, film, dramatic, dance and musical presentations, fine arts
exhibits, studios and public meeting places, whether or not used by persons,
firms or organizations intending to make a profit.
(3) “Director” means the Director of the
Oregon Department of Administrative Services.
(4) “Educational activities” includes, but
is not limited to, libraries, schools, child care facilities, laboratories and
lecture and demonstration facilities.
(5) “Historical, architectural or cultural
significance” includes, but is not limited to, buildings listed or eligible to
be listed on the National Register of Historic Places under section 101 of the
National Historic Preservation Act of October 15, 1966 (16 U.S.C. 470a).
(6) “Recreational activities” includes,
but is not limited to, gymnasiums and related facilities.
(7) “State building” means all state
buildings under the control of the Oregon Department of Administrative
Services.
(8) “Unit of local government” means any
city or county, or other political subdivision of the state. [1977 c.599 §1;
1993 c.500 §19; 1995 c.278 §31]
Note:
276.093 to 276.098 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 276 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
276.094
Public policy for state buildings. The
Legislative Assembly recognizes the responsibility of the state to promote more
efficient use of the state’s construction resources, to foster the preservation
of buildings of historical, architectural or cultural significance and to
enhance the social and economic environment within and surrounding state
buildings. State buildings are to reflect the highest standards of the
environmental design arts and are to contribute to the citizen’s image of
accessibility and responsiveness of government. [1977 c.599 §2]
Note:
See note under 276.093.
276.095
Use of buildings by state and public. With respect
to operating, maintaining, altering and otherwise managing or acquiring space
to meet the office needs of state government and to accomplish the purposes of
ORS 276.094, the Director of the Oregon Department of Administrative Services
may:
(1) Acquire or lease and utilize space in
suitable buildings of historical, architectural or cultural significance,
unless use of such space would not prove feasible and prudent compared with
available alternatives, taking into consideration the purposes of ORS 276.093
to 276.098, 276.135, 276.431 and 276.435;
(2) Provide and maintain space, facilities
and activities to the extent practicable that encourage public access to and
stimulate public pedestrian traffic around, into and through state buildings,
permitting cooperative improvements to and uses of the area between the
building and the street, thereby complementing and supplementing commercial,
cultural, educational and recreational resources in the neighborhood of state
buildings;
(3) Encourage the location of compatible
commercial, cultural, educational and recreational facilities and activities
within or near state buildings; and
(4) Encourage multipurpose public use of
state buildings for the benefit of children and community activities, including
commercial, cultural, educational and recreational use of such buildings,
providing such use would not be disruptive to state government. [1977 c.599 §3;
1999 c.387 §1]
Note:
See note under 276.093.
276.096
Consultation with certain agencies, officers and groups; cooperation with State
Historic Preservation Officer. (1) In
carrying out the duties of the Director of the Oregon Department of
Administrative Services under ORS 276.095, the director shall consult with the
Capitol Planning Commission, the designated State Historic Preservation
Officer, the State Parks and Recreation Department, the Oregon Historical
Society, the Arts Program of the Oregon Business Development Department, local
landmark commissions and historic societies and the chief executive officers of
those units of local government in each area served by existing or proposed
state offices and shall solicit the comments of other community leaders and
members of the general public that the director considers appropriate.
(2) Whenever the director undertakes a
review of state building needs within a geographical area, the director shall
request the cooperation of the state historic preservation officer to identify
an existing building within the geographical areas that is of historical,
architectural or cultural significance and that is suitable, whether or not in
need of repair, alteration or addition, for acquisition or purchase to meet the
building needs of state government. [1977 c.599 §4; 1993 c.209 §20; 2001 c.104 §85;
2003 c.796 §§9,10; 2005 c.217 §17; 2009 c.896 §9]
Note:
See note under 276.093.
276.097
Public access to state offices. The Director
of the Oregon Department of Administrative Services, where practicable, shall
give priority in the assignment of ground floor space not leased under the
terms of ORS 276.431 to state activities requiring regular contact with members
of the public. To the extent ground floor space is not available, the director
shall provide space with maximum ease of access to building entrances. [1977
c.599 §5]
Note:
See note under 276.093.
276.098
Standards for development of state buildings and grounds.
The Oregon Department of Administrative Services shall:
(1) Adopt standards for the development of
state buildings and grounds, including but not limited to landscaping
requirements, setback requirements, lot coverage limitations, building height
and bulk limitations, and requirements for the protection of the community
environment;
(2) Develop a template for area plans for
use by state agencies that own real property; and
(3) Require state agencies to develop area
plans and periodically update the plans. [2005 c.217 §9]
Note:
See note under 276.093.
EXECUTIVE
RESIDENCE
276.102
Acceptance of donations for state executive residence.
(1) The Executive Residence Account is established separate and distinct from
the General Fund. Interest earned on moneys in the account shall be credited to
the account. Moneys in the account are continuously appropriated to the Oregon
Department of Administrative Services for the purpose of acquiring or
constructing, remodeling, decorating, landscaping, furnishing, equipping and
maintaining a state executive residence.
(2) The department, on behalf of the State
of Oregon, may accept gifts, grants or donations from public or private
sources, including gifts of real or personal property, for the purpose
specified in subsection (1) of this section. The department shall deposit
moneys received under this section in the account established in subsection (1)
of this section. [1967 c.615 §1; 1987 c.702 §1; 2003 c.796 §§11,12; 2005 c.217 §§18,19]
276.104
[1967 c.615 §2; 1969 c.314 §18; repealed by 1993 c.742 §44]
276.106
Use of Oregon products. To the degree practicable, the
Oregon Department of Administrative Services shall use or ensure the use of
Oregon products in constructing, remodeling, equipping, furnishing and
decorating the state executive residence. [1967 c.615 §3; 1987 c.702 §2; 2003
c.796 §§13,14; 2005 c.217 §§20,21]
276.108
[1967 c.615 §4; 1977 c.598 §29; 1987 c.702 §3; repealed by 1993 c.742 §44]
ACQUISITION
OF STATE OFFICE BUILDINGS WITH STATE TRUST FUNDS
276.110
Definitions for ORS 276.013, 276.015 and 276.110 to 276.137.
As used in ORS 276.013, 276.015 and 276.110 to 276.137, unless the context
requires otherwise:
(1) “Cost of acquisition” includes the
costs of sites, plans, specifications, architects’ fees, interest on
investments of the investing funds and all other costs related to the erection
and equipping of office buildings or to the purchase, alteration, repair and
equipping of buildings for office purposes.
(2) “Investing agency” means the board,
commission, department or other agency whose funds are defined as investment
funds in ORS 293.701.
(3) “Investing funds” means those funds
enumerated in ORS 293.701 (2), when invested pursuant to ORS 276.013, 276.015
and 276.110 to 276.137.
(4) “Office building” means any building
in the State of Oregon acquired under ORS 276.013, 276.015 and 276.110 to
276.137, by appropriation therefor, or as otherwise provided by law, to provide
centralized office quarters for state agencies and may include parking,
storage, motor pool and service facilities.
(5) “State Treasurer” means the State
Treasurer in the capacity of investment officer for the Oregon Investment
Council. [1957 c.727 §1; 1959 c.157 §5; 1967 c.335 §27; 1969 c.199 §24; 1969
c.706 §29; 1977 c.598 §7]
276.112
Authority to repay certain loans and to manage Salem office buildings.
The Oregon Department of Administrative Services may:
(1) Use moneys in the Oregon Department of
Administrative Services Operating Fund to repay loans made from investing funds
to acquire buildings under ORS 276.013, 276.015 and 276.110 to 276.137 before
July 1, 1969.
(2) Alter, repair and equip buildings
acquired for office buildings under ORS 276.013, 276.015 and 276.110 to 276.137
before July 1, 1969. [1957 c.727 §2; 1967 c.419 §26; 1969 c.199 §25; 1969 c.706
§30]
276.113
[1959 c.427 §13; repealed by 1969 c.706 §70]
276.114
[1957 c.727 §5; 1961 c.508 §8; 1967 c.335 §28; 1969 c.199 §26; repealed by 1969
c.706 §70]
276.116
[1957 c.727 §14; 1969 c.199 §27; repealed by 1969 c.706 §70]
276.118
Policy concerning location and manner of construction of buildings.
It is declared to be public policy that any building acquired or erected
pursuant to ORS 276.005 shall be located and constructed in such a manner that
it shall constitute a maximum value investment with emphasis on:
(1) Structural function and utility of the
building.
(2) Access by the public.
(3) Resale value of the building.
(4) Compliance with the public policy of
the state as declared in ORS 276.426. [1957 c.727 §13; 1977 c.598 §8]
276.120
Building and site as investment of investing fund; title or leasehold interest
of investing fund. Each office building and the
site, including leasehold interests therefor, shall represent an investment of
the investing funds; and title or leasehold interest shall be vested in the
investing funds to the extent that the same is used to pay the cost of
acquisition of that office building and site or to the extent of any unrefunded
or unpaid balance thereof. The Oregon Department of Administrative Services
shall issue the investing agency appropriate evidence of this fact. [1957 c.727
§6; 1975 c.104 §1]
276.122
Assistance, grants, donations or gifts from United States and others;
disposition. For any of the purposes of ORS 276.005
and 276.426, the Oregon Department of Administrative Services may:
(1) Accept financial assistance and
grants, either in the form of land, leasehold interests, money or labor, from
the United States, State of Oregon, or any of its agencies subject to the
conditions imposed thereon, regardless of any conflicting state law and may
accept any grant or donation of land, leasehold interest, money or other
valuable property made by others. Unless enjoined by the terms of the grant or
donation, the department may convert the same into money and all moneys so
obtained shall be credited to the State Capital Construction Account; and
(2) Enter into agreements and joint
ventures with the United States, other political subdivisions or other state
agencies to accomplish these purposes. [1957 c.727 §3; 1969 c.706 §33; 1977
c.598 §9]
276.124
[1957 c.727 §9; repealed by 1969 c.706 §70]
276.126
[1957 c.727 §10; repealed by 1969 c.706 §70]
276.128
Fire and other insurance. The Director of the Oregon Department
of Administrative Services, as an operating cost, shall insure the office
buildings against fire and other hazards in such sums as required to protect
the value of buildings. Such insurance shall be provided under the provisions
of ORS chapter 278. [1957 c.727 §11; 1977 c.720 §1; 1985 c.731 §26]
276.130
[1957 c.727 §4; 1967 c.419 §60; 1969 c.199 §28; 1969 c.706 §35; repealed by
1977 c.598 §35]
276.132
[1957 c.727 §8; 1967 c.454 §94; 1969 c.199 §29; repealed by 1969 c.706 §70]
276.134
[1957 c.727 §12; repealed by 1977 c.598 §35; amended by 1977 c.599 §6 (see
276.135)]
276.135
Renting space to public agencies and private citizens.
Space in any such buildings not needed or available to state agencies may be
rented in order of priority first to other public agencies then to private
citizens to enhance the social and economic environment of the surrounding
area. Receipts from rentals to other than state agencies shall be disposed of
in the manner set forth for rentals to state agencies. [See 276.134]
276.136
[1957 c.727 §14; 1969 c.199 §30; repealed by 1969 c.706 §70]
276.137
Title to buildings. On repayment of all moneys
loaned by investing funds to acquire a building under ORS 276.013, 276.015 and
276.110 to 276.137, title to such building shall vest automatically in the
Oregon Department of Administrative Services in the name of the State of
Oregon. [1969 c.706 §32; 1975 c.104 §2; 1977 c.598 §11]
276.138
[1957 c.727 §15; repealed by 1969 c.706 §70]
276.142
[1959 c.427 §1; 1967 c.335 §29; 1969 c.706 §44; repealed by 1977 c.598 §35]
276.144
[1959 c.427 §2; 1961 c.650 §1; subsection (2) enacted as 1961 c.650 §2; 1967
c.419 §27; 1969 c.706 §45; repealed by 1977 c.598 §35]
276.146
[1959 c.427 §3; repealed by 1969 c.706 §70]
276.148
[1959 c.427 §4; repealed by 1969 c.706 §70]
276.150
[1959 c.427 §5; 1961 c.508 §9; 1961 c.650 §3; 1965 c.598 §6; 1967 c.335 §30;
repealed by 1969 c.706 §70]
276.152
[1959 c.427 §6; repealed by 1977 c.598 §35]
276.154
[1959 c.427 §10; repealed by 1969 c.706 §70]
276.156
[1959 c.427 §7; 1965 c.598 §7; 1967 c.419 §61; 1969 c.706 §50; repealed by 1977
c.598 §35]
276.157
[1969 c.453 §3; repealed by 1977 c.598 §35]
276.158
[1959 c.427 §8; repealed by 1969 c.706 §70]
276.159
[1969 c.706 §47; 1975 c.104 §3; repealed by 1977 c.598 §35]
276.160
[1959 c.427 §9; repealed by 1969 c.706 §70]
276.162
[1959 c.427 §11; 1965 c.459 §3; 1969 c.706 §53; repealed by 1977 c.598 §35;
amended by 1977 c.599 §7 (see 276.435)]
276.164
[1967 c.450 §§2,3; 1969 c.706 §54; repealed by 1977 c.598 §35]
276.166
[1967 c.565 §6; repealed by 1977 c.598 §35]
276.175
[1969 c.706 §24; repealed by 1977 c.598 §35]
TRANSFER
OF VACANT FACILITIES TO OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES
276.180
Transfer of certain buildings, grounds and facilities when vacated; operation;
maintenance. When vacated and no longer required for
institution uses, all or any portion of the buildings, grounds and facilities
presently operated and controlled by the Department of Human Services, the Department
of Corrections, the Oregon Health Authority or the State Board of Education,
are transferred to the Oregon Department of Administrative Services when so
ordered by the Oregon Department of Administrative Services. Title shall vest
automatically in the Oregon Department of Administrative Services in the name
of the State of Oregon and the department shall operate and maintain all
facilities described in this section. [1973 c.772 §6; 1974 c.71 §1; 1975 c.104 §4;
1987 c.320 §152; 1993 c.500 §20; 2001 c.900 §50; 2009 c.595 §194]
276.185
[1969 c.199 §10; 1981 c.106 §12; repealed by 1997 c.249 §83]
276.190
[1959 c.595 §4; repealed by 1977 c.598 §35]
SERVICES
AND FACILITIES FOR STATE BUILDINGS
(Heat,
Light, Power, Sewage, Fire Protection and Communications)
276.210
Definition for ORS 276.210 to 276.228. When used in
ORS 276.210 to 276.228, unless the context requires otherwise, “public
buildings and grounds” means the works, buildings and grounds owned by, and
situated in, this state and governed, managed or administered by the Oregon
Department of Administrative Services and the other state buildings owned by
the state and used by any of the departments of the state. [Amended by 1969
c.199 §31]
276.212
Department may establish and operate heat, light, communication and power
systems. (1) The Oregon Department of
Administrative Services may, as it deems necessary, suitable or expedient,
acquire, design, erect, complete, maintain and operate:
(a) Steam heating systems, power systems,
machines, engines and equipment, with necessary transmission poles and lines,
pipes or conduits for the purpose of generating and furnishing steam heat,
electric energy, current, light, heat and power for the public buildings and
grounds.
(b) Systems for the purpose of transmitting
and receiving messages by radio, telephone, telegraph or other device or system
in the transaction of business of the state or in which the state is
interested.
(2) The department may do all things
necessary for:
(a) The delivery of steam heat, electrical
current, energy, light, heat and power to the public buildings and grounds.
(b) The transmitting and receiving of
messages by radio, telephone, telegraph or other device or system in the
transaction of business of the state or in which the state is interested. [Amended
by 1969 c.199 §32]
276.214
Acquiring land, buildings and structures; eminent domain procedure.
(1) The Oregon Department of Administrative Services may acquire by purchase,
condemnation or otherwise:
(a) The land, buildings and structures
deemed necessary, suitable or expedient for carrying out the provisions of ORS
276.212.
(b) The easements or rights of way, within
or outside of any city or town, necessary for the construction, operation,
maintenance or repair of underground conduits, pipes, transmission poles and
wires.
(2) The Oregon Department of
Administrative Services shall have the power of eminent domain for the purpose
of acquiring any property necessary for carrying out the provisions of ORS
276.212. The action or proceeding shall be brought in the name of the State of
Oregon in the circuit court of the proper county in this state. The procedure
shall be that provided by law for the condemnation of real property or other
property for the use of the public by the state or a subdivision of the state.
The Oregon Department of Administrative Services may take immediate possession
of the property, or the use of the property, required by the state for the
purposes of ORS 276.212 by depositing with the clerk of the court the sum of
money that the court, on five days’ notice to the adverse party, deems adequate
to secure the owner of the property sought to be taken.
276.216
Erecting and constructing buildings and structures.
The Oregon Department of Administrative Services may erect and construct the
buildings and structures deemed necessary, suitable or expedient for carrying
out the provisions of ORS 276.212 upon lands now owned by the state or lands
acquired by the department.
276.218
Acquiring machines and equipment; terms; pledging operating funds.
(1) The Oregon Department of Administrative Services may acquire by purchase,
lease or otherwise, the machines, engines, boilers, pipes, steam fittings,
electrical equipment, appliances, transmission poles, lines, wire and other
equipment necessary in carrying out the provisions of ORS 276.212, for cash, on
contract, conditional bill of sale, lease purchase or installment purchase. The
department may contract to pay, as rental or otherwise, on the amortization
plan, the principal and interest of the purchase price of such personal
property.
(2) The rate of interest on the principal
of the purchase cost and the terms and conditions for repayment shall be as
determined by the department. The department may pledge, on behalf of the State
of Oregon, for the retirement of such indebtedness, such reasonable sums from
operating appropriations or service charges as is required for:
(a) The purchase or securing of steam
heat, electrical current or energy from private persons or corporations for
light, heat and power for any such public buildings.
(b) Transmitting and receiving messages by
radio, telephone, telegraph or other device or system in the transaction of any
or all business of the state or in which the state is interested.
(3) The department may make installment
payments on such contracts on such purchase price. Such obligations shall not
be deemed a general indebtedness of the state, but shall be payable out of
appropriations made or provided for the operation and maintenance of such
public buildings. In the case of telecommunications systems and all related
equipment, repayment may be from service charges paid by agencies for the
operation of the systems. [Amended by 1969 c.199 §33; 1983 c.424 §2]
276.220
Payment of cost of real and personal property.
The Oregon Department of Administrative Services may, for the purpose of paying
in whole or in part the cost of any real or personal property acquired or
contracted to be purchased or otherwise acquired under the provisions of ORS
276.210 to 276.228, use from any sum appropriated by law for the maintenance,
operation and capital outlays of any of the public buildings and grounds or
departments, such amount thereof, or equivalent amount, as is reasonably
required or would otherwise be paid for the purchase of, or payment for, steam
heat, electrical current or energy supplied by any person or corporation to any
such state buildings for heat, light or power, and for the purpose of
transmitting and receiving messages by radio, telephone, telegraph or other
device or system in the transaction of business of the state or in which the
state is interested. [Amended by 1969 c.199 §34]
276.222
Contracting to purchase services and use facilities.
The Oregon Department of Administrative Services may:
(1) Contract with any person for the
furnishing of heat, light, power, telephone, telegraph or radio, or either or
all thereof, for any of the purposes mentioned in ORS 276.210 to 276.228.
(2) Enter into any necessary contract or
agreement with any person for the exclusive use, joint use or common use of any
facilities, structures or equipment needful, convenient or necessary to enable
the state to carry out any of the provisions of ORS 276.210 to 276.228.
276.224
Charges for providing heat, light, communication, power facilities; transfer
from appropriations to revolving fund. In addition
to any other lawful method of paying the costs and expenses incurred under the
provisions of ORS 276.210 to 276.228, the Oregon Department of Administrative
Services may at its discretion estimate the cost to each and every state
building or department affected by the cost and expense of any construction,
contract, maintenance and operation made under ORS 276.210 to 276.228 and
direct the State Treasurer to transfer from any appropriate or corresponding
appropriation theretofore or hereafter made for such state buildings or
departments, the amount thus determined by the department to a revolving fund
hereby created. All obligations incurred under ORS 276.210 to 276.228 shall be
paid from such revolving fund. [Amended by 1969 c.199 §35; 2005 c.755 §8]
276.226
Acceptance of federal funds; contracts with United States or its agencies.
The Oregon Department of Administrative Services may:
(1) Accept on behalf of the State of
Oregon from the United States or any of its agencies such funds as may be made
available to this state for any of the purposes contemplated by ORS 276.210 to
276.228.
(2) Enter into such contracts and
agreements with the United States or any of its agencies as may be necessary,
proper and convenient, not contrary to the laws of this state.
276.227
Statewide planning process; public review process for capital projects;
advisory board; state property database; maintenance plans.
(1) The State of Oregon recognizes that providing and operating state
government facilities is a significant capital investment in public
infrastructure. Accordingly, it is the policy of the State of Oregon to plan,
finance, acquire, construct, manage and maintain state government facilities in
a manner that maximizes and protects this investment.
(2) The Oregon Department of
Administrative Services shall establish a statewide planning process that
evaluates the needs of the state’s facilities, provides comparative information
on the condition of the state’s facilities, establishes guidelines and
standards for acquiring, managing and maintaining state facilities and provides
financing and budgeting strategies to allocate resources to facilities’ needs.
(3)(a) The Director of the Oregon
Department of Administrative Services shall establish a public review process
for the proposed capital projects of all state agencies. To assist in this
review, the director shall establish a Capital Projects Advisory Board
consisting of seven members. Five members shall be public members knowledgeable
about construction, facilities management and maintenance issues. Two members
may be state employees. The director shall appoint the chairperson of the
board.
(b) The director, in consultation with the
board, may request that agencies submit updated long-range facility plans and
funding strategies that reflect changes in technology and priorities. The
director may ask the board to report on and make recommendations related to
long-range plans, the condition of facilities, maintenance schedules, funding
strategies and options for new facilities. The director may seek
recommendations from the board regarding the needs of existing facilities,
funding strategies and long-term facility goals.
(c) The review process may be applicable
to capital projects meeting the definition of major construction/acquisition in
the Governor’s budget and to significant leases.
(d) For each state agency proposing a
capital project, the review process may include an examination of the
following:
(A) The effectiveness of asset protection,
including maintenance, repair and other activities;
(B) The effectiveness of space
utilization, including an inventory of existing occupied and unoccupied
building space;
(C) The advisability of lease, purchase or
other funding strategies;
(D) The condition of existing occupied and
unoccupied building space;
(E) Appropriate technology;
(F) The agency’s mission and long-range
facilities plans; and
(G) For new facilities, expansions and
additions, the ability of the agency to maintain and operate all of the agency’s
facilities in a cost-effective manner.
(e) The review process shall ensure that
capital project decisions are approached in a cost-effective manner after
considering all reasonable alternatives.
(f) With assistance from the board, the
department shall provide recommendations and information to the Governor and
the Legislative Assembly on the construction, leasing and facilities management
issues of state government.
(4) The department shall establish and
maintain a central database of information on state-owned property of all state
agencies, including land, buildings, infrastructure, improvements and leases.
This database shall include an inventory of state-owned facilities as well as
descriptive and technical information.
(5) State agencies shall establish and
implement long-range maintenance and management plans for facilities for which
this state is responsible to ensure that facilities are maintained in good repair
and that the useful lives of facilities are maximized. For each new facility, a
maintenance and management plan appropriate to the use and useful life of the
facility shall be developed and implemented.
(6) The department may engage in
cooperative projects with local government.
(7) The provisions of this section do not
apply to public universities listed in ORS 352.002, the Oregon Health and
Science University or a community college as defined in ORS 341.005. [1993
c.724 §17; 1997 c.571 §1; 2011 c.637 §85]
Note:
276.227 was added to and made a part of ORS chapter 276 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
276.228
Approval of claims. All claims, bills and demands
incurred in carrying out the provisions of ORS 276.210 to 276.228 shall be
presented to the Oregon Department of Administrative Services for its approval
and, on approval, shall be audited and paid as other claims and demands against
the state.
276.229
Four-year major construction budgets for state agencies; maintenance plans and
budgets; application to certain agencies. (1)
State agencies shall develop four-year major construction budgets. Projects
included in these budgets may be accelerated or deferred upon approval of the
Emergency Board.
(2) State agencies shall include the
biennial costs associated with maintenance, major repairs or building
alterations in their regular budget presentation to the Legislative Assembly.
Agencies shall include in their budget presentations short-term and long-term
plans to reduce or eliminate any existing backlog of deferred maintenance.
(3) The provisions of this section do not
apply to public universities listed in ORS 352.002, the Oregon Health and Science
University, or a community college as defined in ORS 341.005. [1997 c.571 §3;
2011 c.637 §86]
276.230
[Repealed by 1953 c.259 §4]
(Water)
276.232
[Amended by 1953 c.259 §1; repealed by 2005 c.22 §198]
276.234
Providing water and water power for public buildings and institutions.
(1) The Oregon Department of Administrative Services shall provide for the
supplying of the public buildings and grounds with water and water power
sufficient for the present and future use of the facilities serviced. The department
shall have full power to carry into effect the provisions of this section.
(2) As used in this section, “public
buildings and grounds” means the public buildings and grounds and works that
are, from time to time, created by law and come within the jurisdiction of the
department and the other state buildings now or hereafter located at or near
the seat of government. [Amended by 1953 c.259 §2; 1969 c.199 §36]
276.236
Department may acquire land, water and water rights, watercourses, franchises and
privileges. The Oregon Department of Administrative
Services may purchase, contract for, and lease, in the name of the state, real
property, water, water rights and watercourses, franchises and privileges.
Whenever the department deems it necessary or proper, it may appropriate and
condemn real property, water, water rights and watercourses, franchises and
privileges, including the right to take and condemn real property, water, water
rights and watercourses, franchises and privileges, appropriated for or devoted
to a public use before February 27, 1901, by any person or corporation under
and by virtue of the laws of this state or the Territory of Oregon.
276.238
Purchase of land, water and water rights, watercourses, franchises and
privileges. When the owner fixes a price for land,
water, watercourses and water rights, franchises and privileges that is, in the
opinion of the Oregon Department of Administrative Services, reasonable, the
department may purchase the property at the price fixed without further delay.
276.240
Eminent domain procedure; possession of property; rental value.
(1) In any condemnation proceedings under ORS 276.234 to 276.244, the practice,
pleadings, forms and modes of procedure shall conform as near as may be
applicable to the practice, pleading, forms and procedure prescribed for the
appropriation of real property by private corporations in ORS chapter 35.
(2) When it appears that the Oregon
Department of Administrative Services has offered the defendant, before
commencing the action, an amount equal to or greater than that assessed by the
jury, the state shall recover its costs and disbursements from the defendant.
(3) If condemnation proceedings are
commenced, the department may, at the date of the commencement of the proceedings,
take immediate possession of the real property, water and water rights, and
watercourses and privileges mentioned in ORS 276.236, or of so much of any or
either thereof as may be necessary for the uses of the state, and continue in
the possession and have and enjoy the use thereof during the pendency of the
condemnation proceedings and until the final determination of the condemnation
proceeding, including an appeal to the Court of Appeals if appeal is taken. The
reasonable rental value for such time shall be assessed by the jury, if the
case is tried before a jury, otherwise by the court. The defendant owner shall
have judgment for such reasonable rental value, regardless of whether the
condemnation proceedings are finally decided for or against the department.
Such reasonable rental value shall be included in the general damages allowed
by the court or jury. [Amended by 1979 c.562 §11]
276.242
Proceedings in name of state; pleadings; conveyances and contracts.
All actions and proceedings shall be brought in the name of the state, and the
pleadings shall be signed by the Director of the Oregon Department of
Administrative Services. All conveyances of lands, or water and water rights,
franchises and privileges, shall be made directly to the state, and all leases
and contracts shall be made by the Oregon Department of Administrative Services
in the name of and for the use and benefit of the state. [Amended by 1969 c.199
§37; 1979 c.284 §129]
276.244
Powers of department. The Oregon Department of Administrative
Services may:
(1) Go upon lands or premises in the
manner provided by ORS 35.220 to make surveys and to make estimates of cost.
(2) From time to time, purchase, lease,
contract for or condemn any property, land, water or water rights, franchises
and privileges.
(3) Construct canals, flumes, ditches and
pipelines for conveying waters and reservoirs for the storage of waters.
(4) Repair, improve and enlarge any
plants, property or property rights, ditches, flumes and pipelines which may be
acquired or constructed under the authority conferred by ORS 276.234 to
276.244.
(5) Use such measures and employ such
persons as, in the opinion of the department, may be proper and suitable to
carry out the provisions of ORS 276.234 to 276.244. [Amended by 2003 c.477 §14]
(Miscellaneous)
276.246
Repair, replacement and reconstruction of buildings, appliances, fixtures and furniture
damaged by fire. In case of the loss of or damage
to any public building of this state or any state institution, educational or
otherwise, by fire, or in case of the loss or damage by fire to the apparatus,
fixtures, appliances or furniture of any such building, the Oregon Department
of Administrative Services may, upon the application of the proper authority or
authorities in charge of the building, apparatus, fixtures, appliances or
furniture, showing the nature, character and amount of the loss, authorize the
immediate reconstruction, rebuilding, repairing or replacing of the buildings,
apparatus, fixtures, appliances or furniture. The Secretary of State shall
audit and allow all claims therefor, not exceeding in the aggregate an amount
specified by the department, in the same manner as other claims against the
state are audited and allowed and shall issue certificates of indebtedness
therefor. Such certificates shall bear legal interest from date until paid. In
no case shall the expenditure of a larger sum be authorized, permitted or made
than the actual loss or damage sustained, as shown by the certificate of a
competent person or persons appointed by the department to appraise the amount
of the damage. [Amended by 1953 c.259 §3]
276.248
Water pipes and supply; entry to place and repair pipes; damages for use of
land. (1) The directors or other lawful
managers of any public institution of the state may:
(a) Enter upon the lands through which
they desire to conduct their pipes for the purpose of providing water supplies
and lay the pipes underground.
(b) Enter at all times upon such lands for
the purpose of keeping the water line in repair and do all things to that end.
(2) If damages are claimed for the use of
such lands and the parties cannot agree as to the amount of compensation to be
paid, they may proceed in the manner provided by law for railroad companies to
procure right of way.
276.250
Agreement with City of Salem for water and fire protection.
The Oregon Department of Administrative Services may enter into an agreement
with the City of Salem for the furnishing of water and fire protection services
to all state buildings in the vicinity of Salem. The rates and terms provided
therein shall be equitable and shall not be higher than existing costs of the
same amount of water to the state. In addition thereto, equitable payment, as
agreed upon by the department may be made for fire protection or increased fire
protection to state buildings outside the corporate limits of the City of Salem
resulting from the improved water supply. [Amended by 1969 c.199 §38]
276.252
Sewage system for state institutions and departments.
The Oregon Department of Administrative Services may construct sewage systems
for departments located in and near the City of Salem, connect the state sewers
with the City of Salem sewer system and enter into a contract with the City of
Salem by which the state will contribute its relative proportion of the cost of
the sewage disposal plant to be constructed by the City of Salem. The
department may enter into a contract with the City of Salem for the use of the
sewage disposal plant and provide for the payment to the City of Salem of a
reasonable share of the cost of operating the plant. [Amended by 1969 c.199 §39]
276.260
[1975 c.634 §4; repealed by 1977 c.598 §35]
276.265
Apprenticeship programs; state agency as training agent.
(1) It is the policy of this state to encourage public agencies to participate
in apprenticeship programs. Every public agency employing five or more persons
in the same apprenticeable occupation for the improvement or maintenance, not
including routine maintenance, of a public facility shall be encouraged to
register as a training agent with the appropriate apprenticeship committees and
shall be expected to employ at least one apprentice for that apprenticeable
occupation, subject to the public agency’s available and legislatively approved
budget resources. The public agency shall be subject in its capacity as a
training agent to the rules and policies of the responsible apprenticeship
committees and the State Apprenticeship and Training Council.
(2) For purposes of this section:
(a) “Apprenticeable occupation” has the
meaning defined in ORS 660.010.
(b) “Employing five or more persons” means
the employment of five or more persons at any time during the current or
immediately prior fiscal year; provided, however, that a public agency may
petition the State Apprenticeship and Training Council for exemption from the
requirements of this section on the grounds that the public agency’s
circumstances have so changed since the immediately prior fiscal year as to
make application of this section contrary to the interests of current or
potential apprentices.
(c) “Improvement or maintenance, not
including routine maintenance” means construction, reconstruction and major
renovation of or to and painting of public facilities and includes the remodeling,
alteration and emergency repair of buildings, other structures, real property,
highways and roads. “Improvement or maintenance, not including routine
maintenance” does not include minor alteration, ordinary repair or maintenance
necessary in order to preserve a public facility.
(d) “Public agency” means the State of
Oregon or any political subdivision thereof or any county, city, district,
authority, public corporation or entity and any of their instrumentalities
organized and existing under law or charter.
(e) “Public facility” means the works,
buildings and grounds owned, leased or rented by a public agency and which are
situated within the State of Oregon, and shall include any such works,
buildings or grounds governed, managed or administered by the Oregon Department
of Administrative Services. [1991 c.897 §2]
(Financing
Construction, Maintenance and Repair)
276.280
Definitions for ORS 276.285. As used in
ORS 276.285:
(1) “Construction” means the building,
installation or assembly of a new facility; the addition, expansion,
alteration, conversion or replacement of an existing facility; or the
relocation of a facility from one location to another. “Construction” includes
the installation of equipment made a part of the facility and related site
preparation.
(2) “Facility” means a building,
structure, utility and other support systems, or other improvement upon real
property.
(3) “Improvement” means additions to
buildings, structures or other facilities that are intended to be permanent.
(4) “Maintenance” means activities to keep
facilities in an efficient operating condition and that do not add to the value
or extend the economic life of the facilities.
(5) “Operations” means activities to run
and use a facility for its purpose.
(6) “Real property” means land and all
buildings, structures and improvements thereon. “Real property” includes
fixtures erected on, above or under the land, and includes landscaping, crops,
fencing and other support elements.
(7) “Repair” means work done to restore
worn or damaged real property or facilities to normal operating condition.
(8) “Replace” means to exchange or
substitute a facility component for another component performing the same
function at the same or higher level of performance or economy and in
compliance with then current building code requirements. [1995 c.452 §9]
276.285
Maintenance, preservation and development of state-owned property; dedicated
accounts; rental program. (1) It is the policy of the
State of Oregon, in keeping with the benchmark relating to public
infrastructure and development adopted by the Oregon Progress Board, to
facilitate and encourage state agencies that own real property and operate
facilities to manage and develop these properties in an effective and businesslike
manner. The maintenance, preservation and development of state-owned real
property and facilities, including, but not limited to, educational
institutions, hospitals, parks, roads, libraries and fish hatcheries is
essential to enable the State of Oregon to meet the needs of its citizens now
and in the future. The purpose of chapter 452, Oregon Laws 1995, is to maintain
and protect the investment of the State of Oregon in its public infrastructure.
(2) Any state agency that owns and
operates real property or facilities is authorized to establish a separate
dedicated account in the State Treasury for the purpose of paying the expenses
of constructing, operating, maintaining, repairing, replacing, equipping,
improving, acquiring and disposing of such real property and facilities. All
moneys in an account established pursuant to this subsection are appropriated
continuously to the agency for the purposes described in this subsection. All
interest earned on moneys in the account shall be retained in and credited to
the account.
(3) Any state agency that owns or operates
real property or facilities may establish a rental program for the purpose of
recovering and paying for the costs, including debt service, of constructing,
operating, maintaining, repairing, replacing, equipping, improving and
disposing of real property and facilities consistent with the statutory
authority of the state agency. All revenues from such rental programs shall be
deposited in the account established pursuant to subsection (2) of this section.
(4) Whenever a state agency that owns and
operates real property and facilities, and that has an established account
under subsection (2) of this section sells or leases real property, the
proceeds from the sale or lease shall be credited to the account established
pursuant to subsection (2) of this section, unless disposition of the proceeds
is otherwise provided by law.
(5) If a state agency that owns and
operates real property and facilities has other statutory authority to provide
funding for real property and facility operation and management, the agency may
use that authority in lieu of or in addition to the provisions of this section.
(6) When a state agency establishes an
account pursuant to subsection (2) of this section, the agency shall provide a
report of the revenues to and expenditures from the account as part of its
budget submission to the Governor and the Legislative Assembly under ORS
chapter 291. The establishment by state agencies of rental rates for real
property or facilities pursuant to this section shall be on a biennial basis as
part of the budget development process, but modification of the rates may be
made during the interim between legislative sessions after a report to the
Emergency Board of the proposed rate modification. [1995 c.452 §10]
Note:
Legislative Counsel has substituted “chapter 452, Oregon Laws 1995,” for the
words “this Act” in section 10, chapter 452, Oregon Laws 1995, compiled as
276.285. Specific ORS references have not been substituted pursuant to 173.160.
These sections may be determined by referring to the 1995 Comparative Section
Table located in Volume 20 of ORS.
ASSIGNMENT,
LEASING AND RENTAL OF STATE BUILDINGS AND OTHER OFFICE QUARTERS
276.385
Rentals for buildings other than State Capitol or Supreme Court Building.
(1) Notwithstanding any other provision of law, the Oregon Department of
Administrative Services shall fix rentals for space in buildings specified in
ORS 276.004, and rentals or other charges for parking facilities. The rentals
shall be fixed on a basis as nearly uniform as practicable to provide amounts:
(a) To pay the expenses of operating,
maintaining and insuring and paying depreciation on the buildings controlled
and managed by the department;
(b) To construct, improve, repair, equip
and furnish additional buildings, structures and other projects for state
government, and to purchase or improve sites therefor; and
(c) To provide amounts necessary to repay
indebtedness, and the interest thereon, incurred to construct, improve, repair,
equip and furnish buildings, structures and other projects for state
government.
(2) The Oregon Department of
Administrative Services shall negotiate with the Department of Transportation
and other state agencies who own, operate or control state buildings to
determine a fair rental rate when such facilities are to be used by other than
the owning agency.
(3) Except in the case of the State
Transportation Building and such other buildings owned or controlled by other
state agencies, all rentals under this section shall be credited to the Oregon
Department of Administrative Services Operating Fund. Rentals for the State
Transportation Building, and such other state-owned buildings, are credited to
the appropriate state fund for the purposes of that fund. [1969 c.706 §10; 1977
c.116 §4; 1977 c.598 §12; 1993 c.500 §21; 2005 c.755 §9]
276.390
Approval of rent schedule by Emergency Board; appropriations to cover rental
costs; rent schedule for State Capitol and Supreme Court Building.
(1) Not later than June 30 of each even-numbered year, the Oregon Department of
Administrative Services shall submit to the Emergency Board a schedule of
rentals proposed for the biennium beginning on July 1 of the next calendar
year. Any changes in an existing schedule of rentals, or rentals for new
buildings or facilities, are subject to approval by the Emergency Board. The
Emergency Board shall recommend to the next odd-numbered year regular session
of the Legislative Assembly that it appropriate for each agency occupying space
in such a building or facility an amount sufficient to pay rentals required
under the schedule as approved by the Emergency Board.
(2) The Emergency Board shall adopt a
schedule of rentals for each biennium with respect to the State Capitol and the
Supreme Court Building. [1969 c.706 §11; 1977 c.598 §13; 2011 c.545 §36]
276.410
Assignment of quarters to officers and state agencies.
(1) The Oregon Department of Administrative Services shall assign state
agencies office space in the buildings described in ORS 276.004 or in leased
quarters as provided in ORS 276.420 to 276.429 or in available space in other
buildings owned or controlled by other state agencies.
(2) Adequate quarters in a state office
building, or in some other building in the City of Salem owned or leased by the
state, shall be assigned for all elected state officers and the administrative
heads of all state agencies to the extent feasible as space becomes available.
(3) In carrying out the responsibilities
authorized in this section, the department may acquire and hold office space
necessary to meet identified space needs, including such costs as are incurred
by the department to assure availability of office space, and shall assure
conformity with statewide management objectives and fiscal policies, including
the development of space utilization standards.
(4) In carrying out its duties under
subsection (3) of this section, the department shall allocate and collect from
state agencies the costs for vacancies experienced in acquiring such space. [Amended
by 1967 c.419 §62; 1977 c.598 §14; 1981 c.492 §1; 1993 c.500 §22]
276.412
Payment of rent by state agencies. (1) Each
month the Oregon Department of Administrative Services may bill state agencies
to which quarters in any state building have been assigned an amount fixed by
the department as rent for the preceding month for the quarters assigned to
such agencies.
(2) Moneys so collected shall be deposited
in the Oregon Department of Administrative Services Operating Fund.
(3) This section applies to quarters
occupied by the Department of State Lands and to quarters leased with option to
purchase or under installment purchase agreement under ORS 276.429 (1). [Amended
by 1959 c.289 §1; 1967 c.33 §2; 1967 c.454 §95; 1969 c.199 §40; 1969 c.706 §55;
1977 c.598 §15; 1981 c.491 §2; 2005 c.755 §10]
276.414
[Repealed by 1955 c.243 §2]
276.416
[Repealed by 1955 c.243 §2]
276.418
[Repealed by 1977 c.598 §35]
276.420
“Office quarters” defined; department may enter into leases and rental
agreements on behalf of certain agencies. (1)
For the purposes of ORS 276.420 to 276.429, “office quarters” means office
space, office buildings and related service, storage and parking facilities and
may also include factory built, modular or portable units.
(2) Where any agency does not have
authority by law to enter into a lease or rental agreement for office quarters,
the Oregon Department of Administrative Services shall have authority, with the
approval of the agency, to enter into a lease or rental agreement on behalf of
the agency. [Amended by 1977 c.598 §16]
276.422
[Repealed by 1977 c.598 §35]
276.424
Joint leases. Any two or more agencies, including the
Oregon Department of Administrative Services, may enter into a joint lease or
rental agreement for office quarters in the same city or community, with such
provision for apportionment of the rental as may be agreed upon. [Amended by
1977 c.598 §17]
276.426
Location of leased office quarters of state agencies to be centralized.
(1) It is declared to be the public policy of this state to promote economy,
efficiency and convenience to the public by means of centralizing the location
of office quarters of all state agencies having offices in the same city or
community.
(2) Any state agency renting or leasing
office quarters in any city or community shall, wherever feasible, rent or
lease quarters in the same building in which are situated the office quarters
of one or more other state agencies or in a building in close proximity
thereto. [Amended by 1977 c.598 §18]
276.428
Approval and supervision of leases and rental agreements; ordering changes in
location of offices of state agencies. (1)
Notwithstanding the provisions of any other law, any lease or rental agreement
for office quarters must be approved by the Oregon Department of Administrative
Services prior to execution.
(2) The Oregon Department of
Administrative Services shall exercise supervisory authority over all leases or
rental agreements for office quarters for all state agencies. Any such agency
shall make such changes in the location of its office quarters in any city or
community as are ordered by the Oregon Department of Administrative Services,
upon a determination by said department that the relocation will be in the best
interests of the state, and will improve public access or services, reduce
rentals or be to the advantage of the general public. In order to accomplish
any change of location so ordered, any outstanding lease or rental agreement
shall be terminated at the earliest date possible under the terms of the lease
or agreement. [Amended by 1969 c.199 §41; 1977 c.598 §19]
276.429
Leases; lease option purchase; cost policy; report to legislative review
agency. (1) The Oregon Department of
Administrative Services may enter into, as appropriate, leases, including lease
with option to purchase, installment purchases and rental agreements, as
lessee, for office quarters for state agencies. In determining which method of
acquiring office quarters is most appropriate under the circumstances, the
department shall consider cost and the long-term best interests of the state.
It is the policy of the state, in fulfilling the objectives set forth in ORS
276.426, to acquire office quarters in the most cost-effective manner feasible.
(2) The costs to the department incurred
for the purpose of making such office space ready for occupancy, including
professional services, remodeling, equipment acquisition and other similar
costs paid to others or incurred by the department, may be advanced out of the
Oregon Department of Administrative Services Operating Fund. The fund shall be
reimbursed for costs so advanced from charges paid to the department by the
agency leasing the space as a tenant. Where more than one agency occupies the
space, the charges shall be assessed and collected from the agencies in the
manner determined by the department.
(3) Immediately following each monthly
rental period, the department shall bill each state agency occupying office
quarters leased under subsection (1) of this section, a sum equal to such part
of the total amount required for the rent of such quarters as the rental value
of the space occupied by each of the state agencies bears to the whole amount
of the rental value of such space so leased by the state. Such sums and rental
values shall be determined by the department. Moneys collected therefor shall
be placed in the Oregon Department of Administrative Services Operating Fund
established in ORS 283.076 and used for the payment of the rental and operating
expenses of such office quarters.
(4) Prior to entering into any lease
purchase or installment purchase agreement or before exercising any purchase
option in agreements made under subsection (1) of this section, the department
shall report to the legislative review agency established in ORS 291.371.
However, the department shall not enter into any lease purchase or installment
purchase agreement in excess of $100,000 under any provision of law other than
ORS 283.085 to 283.092.
(5) The title to properties acquired
through lease-purchase options authorized in subsection (1) of this section
shall vest automatically in the Oregon Department of Administrative Services in
the name of the state. Properties so acquired shall be operated as office
buildings as provided in ORS 276.004. [1953 c.591 §1; 1955 c.243 §1; 1965 c.385
§1; 1969 c.199 §42; 1969 c.706 §56; 1977 c.598 §20; 1981 c.106 §13; 1981 c.491 §3;
1981 c.492 §2; 1985 c.276 §3; 1991 c.642 §3; 2005 c.755 §11; 2007 c.783 §90]
276.430
[Amended by 1969 c.85 §3; 1969 c.199 §43; 1969 c.706 §57; repealed by 1977
c.598 §35; amended by 1977 c.599 §8 (see 276.431)]
276.431
Rentals and leases for commercial, cultural, educational or recreational
activities. (1) The Director of the Oregon
Department of Administrative Services, as custodian of the capitol area and
state office buildings, with the advice of the occupying agency, may make
available on occasion or lease at such rates as the director considers to be in
the public interest auditoriums, meeting rooms, courtyards, suitable rooftops
and lobbies of state buildings to persons, firms or organizations engaged in
commercial, cultural, educational or recreational activities that do not
disrupt the operations of the building and of state government. Where rent is
charged, the director shall set a rate consistent with the public interest. The
director may impose terms and conditions on use that are consistent with the
public interest.
(2) The director may enter into leases of
space in state buildings with persons, firms and organizations engaged in
commercial, cultural, educational or recreational activities for terms not to
exceed five years. The rental rate for the space shall be equivalent to the
prevailing commercial rate for comparable space devoted to a similar purpose in
the vicinity of the state building notwithstanding the cost to the state
government of making such space available for such activities. Such leases may
be negotiated without competitive bid, subject to rules adopted by the
director, and shall contain terms and conditions necessary to protect the
public interest.
(3) The moneys collected under this
section shall be deposited in the Oregon Department of Administrative Services
Operating Fund. [See 276.430; 1983 c.690 §1; 1993 c.500 §23; 2005 c.755 §12]
276.435
Renting space in branch office buildings to public agencies and private
citizens. Space in a branch office building not
needed or available to state agencies may be rented in order of priority first
to other public agencies, then to private citizens to enhance the social and
economic environment of the surrounding area. The Oregon Department of
Administrative Services shall establish such rates, charges and fees for use
and rental of space in branch office buildings under ORS 276.385 and 276.390. A
branch office building may contain space that may be rented for private
concessions. Receipts from rentals to other than state agencies shall be placed
in the Oregon Department of Administrative Services Operating Fund. [See
276.162; 1993 c.500 §24; 2005 c.755 §13]
276.440
Renting space to public agencies and private citizens; use for meetings.
(1) For any building under its jurisdiction, as described in ORS 276.004, the
Oregon Department of Administrative Services may:
(a) Rent space not needed or available to
state agencies in order of priority first to other public agencies then to
private citizens.
(b) Rent space designated for public use
to private concessions, when such use will not interfere with the orderly
conduct of state business and is consistent with the public interest.
(c) Permit the occasional use of any
unoccupied or vacant room or space by persons or organizations for conventions,
assemblies or other public meetings.
(2) The Director of the Oregon Department
of Administrative Services may fix and collect a rental sufficient to defray
the cost of janitor service and other expenses, including debt service.
Receipts from rentals of space permitted under subsection (1) of this section
shall be placed in the Oregon Department of Administrative Services Operating
Fund and are continuously appropriated for the purposes of that fund. [1977
c.598 §26]
276.510
[Repealed by 1969 c.706 §70]
276.512
[Amended by 1959 c.289 §2; 1967 c.419 §63; repealed by 1969 c.706 §70]
276.514
[Repealed by 1969 c.706 §70]
276.516
[Repealed by 1969 c.706 §70]
276.518
[Repealed by 1969 c.706 §70]
276.520
[Amended by 1969 c.199 §44; repealed by 1969 c.706 §70]
276.522
[Repealed by 1969 c.706 §70]
276.524
[Repealed by 1969 c.706 §70]
276.528
[Repealed by 1969 c.706 §70]
276.530
[Amended by 1959 c.289 §3; 1967 c.419 §64; 1969 c.199 §45; repealed by 1969
c.706 §70]
276.532
[Amended by 1959 c.289 §4; repealed by 1969 c.706 §70]
276.534
[Repealed by 1969 c.706 §70]
276.536
[Repealed by 1969 c.706 §70]
276.538
[Repealed by 1969 c.706 §70]
276.540
[Amended by 1969 c.199 §46; repealed by 1969 c.706 §70]
276.542
[Repealed by 1969 c.706 §70]
276.544
[Repealed by 1969 c.199 §59]
276.546
[Amended by 1967 c.419 §65; repealed by 1969 c.199 §59]
276.548
[Repealed by 1993 c.741 §147]
276.550
[Repealed by 1993 c.741 §147]
276.552
[Amended by 1967 c.419 §66; repealed by 1993 c.741 §147]
276.554
[Repealed by 1993 c.741 §147]
276.556
[Amended by 1953 c.252 §2; repealed by 1993 c.741 §147]
276.558
[1965 c.459 §1; repealed by 1977 c.598 §35]
276.560
[1965 c.459 §2; 1967 c.565 §5; 1969 c.706 §58; repealed by 1977 c.598 §35]
276.562
[1967 c.583 §1; repealed by 1977 c.598 §35]
276.564
[1967 c.583 §2; 1977 c.598 §21; renumbered 276.592]
276.565
[Formerly 276.024; 1975 c.634 §2; repealed by 1977 c.598 §35]
276.566
[1967 c.583 §5; repealed by 1969 c.706 §70]
276.567
[Formerly 276.025; 1975 c.634 §3; repealed by 1977 c.598 §35]
276.569
[1969 c.453 §2; repealed by 1977 c.598 §35]
276.570
[1967 c.442 §1; repealed by 1969 c.706 §70]
EMPLOYMENT
DEPARTMENT OFFICE BUILDING
276.575
Computation of rent schedules; collection of rents.
(1) The office building described in section 6, chapter 528, Oregon Laws 1971,
shall be exempt from the rent schedules established under ORS 276.385 and
276.390.
(2) Rents attributable to any state
agency, including the Employment Department, occupying space in such office
building shall be computed in amounts sufficient to liquidate the sums advanced
under section 7, chapter 528, Oregon Laws 1971, by July 1, 2002, with interest
thereon.
(3) Rent collections for such buildings
shall be handled as provided in ORS 276.412. [1971 c.528 §8]
276.580
Additional payment by occupants for maintenance and service charges.
Every state agency, including the Employment Department, occupying space in the
building described in section 6, chapter 528, Oregon Laws 1971, shall pay to
the Oregon Department of Administrative Services all maintenance costs and
necessary service charges arising out of its occupancy of the building. [1971
c.528 §9]
276.585
Assignment of excess space; rental and additional charges.
Whenever space in the office building authorized by chapter 528, Oregon Laws
1971, exceeds current requirements of the Employment Department, the Oregon
Department of Administrative Services may assign such space pursuant to ORS
276.004 and 276.410. However, rental rates for space so assigned shall be
computed as provided in ORS 276.575 and shall be subject to maintenance and
necessary service charges. [1971 c.528 §10; 1977 c.598 §22]
Note:
Legislative Counsel has substituted “chapter 528, Oregon Laws 1971,” for the
words “this Act” in section 10, chapter 528, Oregon Laws 1971, compiled as
276.585. Specific ORS references have not been substituted pursuant to 173.160.
These sections may be determined by referring to the 1971 Comparative Section
Table located in Volume 20 of ORS.
SUPREME
COURT BUILDING
276.587
Control through State Court Administrator; contract for operation.
(1) The Supreme Court, acting through the State Court Administrator, shall
exercise control over the use of the Supreme Court Building.
(2) The State Court Administrator may
enter into a contract with the Oregon Department of Administrative Services to
provide for insurance, operating, maintenance and security services for the
Supreme Court Building. [1981 c.132 §1]
276.590
[1971 c.528 §11; 1977 c.598 §23; repealed by 1981 c.591 §6]
PARKING
FACILITIES; CAR POOLS
276.591
Parking policy. It shall be the state policy in
regard to state controlled grounds and facilities used for parking:
(1) That each state agency that owns or
controls through direct lease, lease purchase or installment purchase agreement
grounds or facilities used for parking shall regulate their use and impose on
users, whether or not state employees, equitable charges consistent with the
state policy for such parking.
(2) That use of alternative modes of
transportation be encouraged.
(3) That traffic congestion and energy waste
be minimized.
(4) That charges for use of grounds and
facilities used for parking be established in a manner which recognizes the
agency’s cost to provide such facilities, local market conditions for
commercial or other paid parking and community standards; and does not cause
community hardship or eliminate the demand for state provided parking. However,
the charges imposed shall not produce revenues in excess of amounts required to
operate, maintain and improve the grounds and facilities, to cover required
depreciation and debt service expenditures, to offset any revenues lost through
the provision of car or van pool incentive rates under ORS 276.601, and to
provide reasonable funds for alternative modes of transportation and capital
development. Pricing policy should also discourage the use of single occupant
vehicles and recognize the desirability and degree of quality of the parking. [1981
c.591 §1; 1989 c.990 §1]
276.592
Taxation of parking facilities used by private individuals.
Any portion of the facilities used during the tax year for parking on a rental
or fee basis to private individuals shall be subject to ad valorem taxation
computed by determining that percentage that private use bears to the total use
of the facilities. [Formerly 276.564; 1981 c.591 §5]
276.594
Management of grounds and parking structures or facilities in capitol area;
exemptions and limitations; fees; rules. (1) The
Oregon Department of Administrative Services shall:
(a) Manage those grounds and parking
structures or facilities located in the capitol area of the City of Salem that
the state owns or that any state agency leases or is acquiring through lease
purchase or installment purchase agreement; and
(b) Determine the conditions under which
such grounds and parking structures or facilities may be used.
(2) The grounds and parking structures or
facilities described in subsection (1) of this section include those located
either adjacent to, on or in close proximity to, though not necessarily
contiguous to, leased office quarters defined in ORS 276.420, the Supreme Court
Building, the buildings, properties or parking structures described in ORS
276.004 and those grounds the state owns by and through the department that are
adjacent to the installations and facilities located in the area described in
ORS 276.054.
(3) This section does not apply to the
State Capitol, to the parking facilities located in the garage of the State
Capitol, to the area immediately north of the State Capitol but south of and
separated from Court Street by a traffic island, painted markings or other
traffic control devices or to the area immediately south of the State Capitol
but north of and separated from State Street by a traffic island, painted
markings or other traffic control devices.
(4) The department may not exercise the
authority described in this section over grounds and parking structures or
facilities located outside the capitol area in the City of Salem that the state
owns or that another state agency leases or is acquiring through lease purchase
or installment purchase.
(5) Based upon its findings, the
department shall adopt rules for parking motor vehicles or for other
transportation uses of the grounds and parking structures or facilities
described in subsection (1) of this section. Notice of the rules shall be given
by appropriate signs posted on the grounds and in the parking structures or
facilities. In adopting the rules, the department shall consider the state
policy stated in ORS 276.591.
(6) The department may lease portions of
the grounds and parking structures or facilities described in subsection (1) of
this section for parking motor vehicles and for other transportation uses as it
determines are appropriate. However, in such leasing, priority shall first be
given to the needs of state officers and employees.
(7) The department shall furnish a space
without charge to each statewide elective officer, except those with offices in
the State Capitol, and shall designate certain spaces, either free or metered,
for use by persons transacting business in state offices. The department may
also provide free parking for employees with disabilities who have been issued
a disabled person parking permit by the Department of Transportation and who
require the use of their vehicle in traveling to and from work. Any spaces not
required for leasing to state officers and employees, or for other authorized
purposes, may be leased to other persons.
(8) The department shall retain receipts
obtained under this section, except that the department may return to the
appropriate agency any net receipts obtained from any parking structures or
facilities that are located in the capitol area in the City of Salem and that
the state owns or that any agency other than the department leases or is
acquiring through lease purchase or installment purchase agreement.
(9) As used in this section, “capitol area”
has the meaning given that term in ORS 276.010. [1977 c.598 §25; 1981 c.591 §2;
1989 c.224 §38; 1991 c.67 §67; 2005 c.217 §22; 2007 c.70 §60; 2007 c.175 §2]
276.595
Operation of facilities under control of agencies other than department; rules.
(1) Each state agency, other than the Oregon Department of Administrative
Services, shall manage and determine under what conditions the grounds and
parking structures owned, directly leased or being acquired through lease
purchase or installment purchase by it, which are outside the capitol area in
the City of Salem, may be used by owners and operators of motor vehicles and
for other transportation purposes.
(2) Based upon its findings, the state
agency shall adopt rules for parking of motor vehicles or other transportation
uses of such grounds and facilities for which it is responsible under
subsection (1) of this section. Notice of the rules shall be given by appropriate
signs posted on the grounds and in the facilities. In adopting the rules, the
state agency shall consider the state policy stated in ORS 276.591.
(3) The state agency may lease portions of
the facilities and grounds described in subsection (1) of this section for the
parking of motor vehicles and other transportation uses as it determines is
appropriate. However, in such leasing, priority shall first be given to the
needs of state officers and employees. The agency shall designate certain spaces,
either free or metered, for use by persons transacting business in state
offices. The state agency may also provide free parking for employees with
disabilities who have been issued a disabled person parking permit by the
Department of Transportation and who require the use of their vehicle in
traveling to and from work. Any spaces not required for leasing to state
officers and employees, or for other authorized purposes, may be leased to
other persons. [1981 c.591 §3; 1989 c.224 §39; 1991 c.67 §68; 2007 c.70 §61]
276.596
[1977 c.598 §25a; repealed by 1981 c.591 §6]
276.598
Car or van pools; rules. (1) Notwithstanding the
provisions of ORS 283.395, the Oregon Department of Administrative Services may
establish car pool or van pool programs in which state-owned vehicles are used
by state employees as commute vehicles, provided that a daily, weekly or
monthly fee is charged that is adequate to reimburse the state for the cost of
providing such vehicles for such purposes.
(2) The department shall prescribe rules
which:
(a) Define the use of state-owned motor
vehicles which constitute use in the conduct of state business and distinguish
such use from misappropriation for private use;
(b) Identify procedures for determining
and collecting the appropriate charges from employees for the use of commute
vehicles; and
(c) Identify procedures to be used in the
operation of state-owned vehicles as commute vehicles in the state car pool or
van pool programs authorized in subsection (1) of this section.
(3) The department may authorize other
state agencies to use state-owned vehicles under the control of such agencies
for the purposes set forth in subsection (1) of this section. [1977 c.598 §25b;
1981 c.490 §5]
276.601
Base rate set by agencies; reductions and special fees; disposition of
receipts. Consistent with the policies stated in
ORS 276.591:
(1) The base rate for leasing parking
spaces described in ORS 276.594 and 276.595 shall be set by the agency
responsible for leasing the space. However, the agency may apply a reduction
schedule to the base rate, based upon the number of participating riders, to
encourage the use of car pools or van pools.
(2) In order to qualify for the reduced
fees authorized under subsection (1) of this section, car pool or van pool
participants must register and have validated participation in a car pool or
van pool.
(3) Notwithstanding subsection (1) of this
section, the agency responsible for leasing the space to users may:
(a) Furnish parking spaces free or at
reduced rates in designated areas for those employees participating in a
program which encourages the use of parking spaces in noncongested areas or
where conditions show no or a reduced market for paid parking;
(b) Establish fees in excess of the base
rate where reserved parking is provided, space is leased to other than state
employees and officers or for other than state purposes, or where debt service
payments or the cost to provide the parking require a higher rate schedule;
(c) Establish fees less than the base rate
where the agency determines that community hardship or significant reduction in
demand for the parking is deemed likely to occur; and
(d) Establish special fees for the parking
of motorcycles, bicycles and similar vehicles in state-controlled parking facilities.
(4) Except as otherwise provided by state
or federal law, the receipts obtained under this section shall be retained by
the state agency which owns, or controls through direct lease, lease purchase
or installment purchase agreement, the grounds or facilities for which such
receipts were collected. [1981 c.591 §4]
BUILDINGS
AT STATE INSTITUTIONS; STATE BUILDING FUND
276.610
State Building Fund. There is established a fund in
the State Treasury to be known as the State Building Fund which shall be used
for the construction, alteration and repair of buildings required for use of
institutions and activities under the jurisdiction of the Department of
Corrections, the Department of Human Services, the Oregon Health Authority or
the State Board of Education and the State Board of Higher Education and for
the furnishing and equipping of buildings so constructed, altered or repaired. [Amended
by 1969 c.597 §51; 1987 c.320 §153; 2009 c.595 §195]
276.612
Determining buildings to be constructed, altered, repaired, furnished and
equipped. The Department of Corrections, the
Department of Human Services, the Oregon Health Authority and the State Board
of Education each shall determine the buildings to be constructed, altered,
repaired, furnished and equipped for the use of institutions and activities
under their respective jurisdictions. The State Board of Higher Education shall
determine the buildings to be constructed, altered, repaired, furnished and
equipped for the use of public universities or offices, departments or
activities under its jurisdiction. [Amended by 1969 c.597 §52; 1987 c.320 §154;
1991 c.703 §4; 1995 c.79 §94; 2009 c.595 §196; 2011 c.637 §87]
276.614
[Repealed by 1969 c.597 §281]
OPTIONS
276.625
Authority to acquire options; contingency; legislative review agency approval.
The Oregon Department of Administrative Services may acquire options, enter
into earnest money agreements and enter into similar arrangements to obtain the
right to acquire real property, any improvements erected upon the property and
any appurtenances connected with the property. However, the department’s
exercise of any rights under such an option, agreement or arrangement, shall be
made contingent upon the department first obtaining the approval of the
legislative review agency established in ORS 291.371. Before removing the
contingency, the department shall first obtain the approval of the proposed
purchase from the legislative review agency established in ORS 291.371. [1985
c.276 §2]
276.710
[Repealed by 1981 c.126 §6]
276.712
[Repealed by 1981 c.126 §6]
276.714
[Repealed by 1981 c.126 §6]
276.716
[Repealed by 1981 c.126 §6]
276.718
[Repealed by 1981 c.126 §6]
276.720
[Repealed by 1981 c.126 §6]
276.722
[Repealed by 1981 c.126 §6]
276.724
[Repealed by 1981 c.126 §6]
276.726
[Repealed by 1981 c.126 §6]
276.728
[Repealed by 1981 c.126 §6]
276.730
[Repealed by 1981 c.126 §6]
COMMUNITY
HOUSES
276.732
Community houses in cities; constructing; financing; use.
Any incorporated city may purchase a necessary site within its boundaries and
erect and maintain thereon a community house for the benefit of the soldiers,
sailors and marines of the Army and Navy of the United States, or persons who
have been inducted into the service of such army or navy. For that purpose the
city may levy taxes or issue and sell bonds of such city when empowered so to
do by the electors of such city as provided in ORS 276.734. Such city may, by
ordinance, prescribe rules and regulations and conditions upon which such community
house may be used, occupied and governed.
276.734
Submission of issues to electors. The council
or other governing body of any city desiring to construct and maintain a
community house under ORS 276.732 may submit the issues to the electors of the
city at any regular or special election held within such city. At the election
the electors of the city shall designate the maximum amount of money to be
expended for the community house and shall specify the manner by which funds
shall be secured for that purpose, whether by taxation or the sale of the bonds
of the municipality.
276.736
Levy of tax; sale of bonds; construction and maintenance of houses.
The council or other governing body of the city, when authorized by vote of the
majority of the electors thereof, shall:
(1) Levy the tax or issue and sell bonds
as directed by such vote, not to exceed the maximum amount authorized.
(2) Purchase a site and erect and
thereafter maintain the community house.
(3) Adopt ordinances regulating and
governing the use and occupancy of the community house.
276.800
[1975 c.280 §1; repealed by 1989 c.97 §1]
276.805
[1975 c.280 §3; repealed by 1989 c.97 §1]
276.810
[1975 c.280 §2; repealed by 1989 c.97 §1]
276.815
[1975 c.280 §4; repealed by 1989 c.97 §1]
276.820
[1975 c.280 §5; repealed by 1989 c.97 §1]
276.825
[1975 c.280 §6; 1983 c.389 §1; 1985 c.731 §23; repealed by 1989 c.97 §1]
276.830
[1975 c.280 §7; repealed by 1989 c.97 §1]
276.840
[1975 c.280 §8; repealed by 1989 c.97 §1]
276.845
[1975 c.280 §9; repealed by 1989 c.97 §1]
276.850
[1975 c.280 §10; repealed by 1989 c.97 §1]
276.855
[1975 c.280 §11; repealed by 1989 c.97 §1]
276.860
[1975 c.280 §12; repealed by 1989 c.97 §1]
276.865
[1975 c.280 §13; repealed by 1989 c.97 §1]
276.870
[1975 c.280 §14; repealed by 1989 c.97 §1]
276.875
[1975 c.280 §15; repealed by 1989 c.97 §1]
276.880
[1975 c.280 §16; repealed by 1989 c.97 §1]
276.885
[1975 c.280 §§17,18; repealed by 1989 c.97 §1]
276.890
[1975 c.280 §19; repealed by 1989 c.97 §1]
STATE
AGENCY FACILITY ENERGY DESIGN
276.900
Policy. It is the policy of the State of Oregon
that facilities to be constructed or purchased by authorized state agencies be
designed, constructed, renovated and operated so as to minimize the use of
energy resources and to serve as models of energy efficiency. [1979 c.734 §1;
1989 c.556 §1; 2001 c.683 §1; 2008 c.26 §1]
Note:
276.900 to 276.915 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 276 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
276.905
Definitions for ORS 276.900 to 276.915. As used in
ORS 276.900 to 276.915, unless the context requires otherwise:
(1) “Alternative energy system” means an
environmentally sound energy system that uses power derived from renewable
resources including, but not limited to, the sun, wind, geothermal sources and
heat recovery.
(2) “Authorized state agency” means a
state agency, board, commission, department or division that is authorized to
finance the construction, purchase or renovation of a facility that is or will
be used by the State of Oregon.
(3) “Cost-effective” means that an energy
resource, facility or conservation measure during its life cycle results in
delivered power costs to the ultimate consumer no greater than the comparable
incremental cost of the least cost alternative new energy resource, facility or
conservation measure. Cost comparison shall include, but need not be limited
to:
(a) Cost escalations and future
availability of fuels;
(b) Waste disposal and decommissioning
costs;
(c) Transmission and distribution costs;
(d) Geographic, climatic and other
differences in the state; and
(e) Environmental impact.
(4) “Energy conservation measure” means a
measure primarily designed to reduce the use of energy resources in a facility.
(5) “Energy consumption analysis” means
the evaluation of all energy systems and components by demand and type of
energy including the internal energy load imposed on a major facility by its
occupants, equipment and components and the external energy load imposed on a
major facility by the climatic conditions of its location. “Energy consumption
analysis” includes, but is not limited to:
(a) The comparison of a range of
alternatives that is likely to include all reasonable, cost-effective energy
conservation measures and alternative energy systems;
(b) The simulation of each system over the
entire range of operation of a major facility for a year’s operating period;
(c) The evaluation of energy consumption
of component equipment in each system considering the operation of such
components at other than full or rated outputs; and
(d) The consideration of alternative
energy systems.
(6) “Energy savings performance contract”
has the meaning given that term in ORS 279A.010.
(7) “Energy systems” means all utilities,
including but not limited to heating, cooling, ventilation, lighting and the
supply of domestic hot water.
(8) “Facility” means a building or other
structure owned or controlled by an authorized state agency that is used or
occupied by employees of the authorized state agency or that is used for
conducting public business.
(9) “Major facility” means a facility that
has 10,000 square feet or more of usable floor space.
(10) “Renovation” means an addition to,
alteration of or repair of a facility that adds to or alters the facility’s
energy systems, provided that the affected energy systems account for 50
percent or more of the facility’s total energy use. [1979 c.734 §2; 1987 c.320 §155;
1989 c.556 §2; 2001 c.683 §2; 2008 c.26 §2]
Note:
See note under 276.900.
276.910
Use of fuel cell power systems in state agency facilities; rules.
(1) Before constructing or renovating a major facility, an authorized state
agency shall, after comparing various equipment options and to the greatest
extent practicable, use fuel cell power systems for emergency backup power
applications and for critical power applications in lieu of other equipment
options.
(2)(a) The State Department of Energy
shall, in consultation with the Oregon Department of Administrative Services,
adopt rules establishing criteria for the comparison of fuel cell power systems
and other equipment options required by subsection (1) of this section.
(b) Criteria to be established under this
subsection must address:
(A) The impact of emissions, including but
not limited to nitrous oxide, sulfur oxide, carbon monoxide, carbon dioxide and
particulates, from various equipment options, on the environment, regardless of
whether the equipment is installed indoors or installed outdoors;
(B) Life cycle costs, including but not
limited to acquisition costs, installation and commissioning costs, siting and
permitting costs, maintenance costs and fueling and decommissioning costs; and
(C) The complexity of equipment options
and any ancillary equipment. [2009 c.748 §6]
Note:
276.910 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 276 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
276.915
Energy design requirements; rules; fees; waiver.
(1) An authorized state agency may construct or renovate a facility only if the
authorized state agency determines that the design incorporates all reasonable
cost-effective energy conservation measures and alternative energy systems. The
determination by the authorized state agency shall include consideration of
indoor air quality issues and operation and maintenance costs.
(2) Whenever an authorized state agency
determines that a major facility is to be constructed or renovated, the
authorized state agency shall cause to be included in the design phase of the
construction or renovation a provision that requires an energy consumption
analysis to be prepared for the facility under the direction of a professional
engineer or licensed architect or under the direction of a person that is
prequalified in accordance with this section. The authorized state agency and the
State Department of Energy shall agree to the list of energy conservation
measures and alternative energy systems that the energy consumption analysis
will include. The energy consumption analysis and facility design shall be
delivered to the State Department of Energy during the design development phase
of the facility design. The State Department of Energy shall review the energy
consumption analysis and forward its findings to the authorized state agency
within 10 working days after receiving the energy consumption analysis, if
practicable.
(3) The State Department of Energy, in
consultation with authorized state agencies, shall adopt rules to carry out the
provisions of ORS 276.900 to 276.915. These rules shall:
(a) Include a simplified and usable method
for determining which energy conservation measures and alternative energy
systems are cost-effective. The method shall reflect the energy costs of the
utility serving the facility.
(b) Prescribe procedures for determining
if a facility design incorporates all reasonable cost-effective energy
conservation measures and alternative energy systems.
(c) Establish fees through which an
authorized state agency will reimburse the State Department of Energy for the
department’s review of energy consumption analyses and facility designs and the
department’s reporting tasks. The fees imposed may not exceed 0.2 percent of
the capital construction cost of the facility and must be included in the
energy consumption analysis required in subsection (2) of this section. The
State Department of Energy may provide for a waiver of fees and reviews if the
authorized state agency demonstrates that the facility will be designed and
constructed in a manner that incorporates only cost-effective energy
conservation measures or in a manner that exceeds the energy conservation
provisions of the state building code by 20 percent or more.
(d) Periodically define highly efficient
facilities. A facility constructed or renovated after June 30, 2001, shall
exceed the energy conservation provisions of the state building code by 20
percent or more, unless otherwise required by rules adopted under this section.
(e) Establish guidelines for implementing
subsection (4) of this section.
(f) Establish guidelines for incorporating
energy efficiency requirements into lease agreements of 10 or more years to be
phased in as current lease agreements expire or as new lease agreements are
entered into, allowing reasonable time for the owner to implement the
requirements of this section.
(g) Establish criteria by which the State
Department of Energy determines that a person is prequalified to perform work
in accordance with this section.
(4) Before June 30, 2015, an authorized
state agency shall reduce the total amount of energy the authorized state
agency uses in the authorized state agency’s owned facilities by at least 20
percent from a baseline amount the State Department of Energy determines by
rule based on usage in calendar year 2000.
(5) An authorized state agency shall
report annually to the State Department of Energy concerning energy use in the
authorized state agency’s facilities. The State Department of Energy shall
specify by rule the form and content of and deadlines for the reports.
(6) An authorized state agency that fails
to achieve and maintain a 20 percent reduction in energy use on and after June
30, 2015, shall submit biennial energy conservation plans to the State
Department of Energy. The State Department of Energy shall specify by rule the
form and content of and deadlines for the energy conservation plans.
(7) The State Department of Energy by rule
may require mandatory prequalification as a condition for a person to submit a
bid or proposal to perform the following work for an authorized state agency:
(a) Direct an energy consumption analysis
for an authorized state agency under subsection (2) of this section, unless the
person is a professional engineer or architect;
(b) Enter into an energy savings
performance contract; or
(c) Perform energy audits, building
commissioning, monitoring and verification services and other services related
to the operation and management of a facility’s energy systems, except for
architectural, engineering, photogrammetric mapping, transportation planning or
land surveying services as defined in ORS 279C.100.
(8) The State Department of Energy may
recover from authorized state agencies the costs associated with administering
the provisions of this section, including costs associated with adopting rules,
maintaining a state energy use database and prequalifying a person under this
section.
(9) The State Department of Energy, the
Oregon Department of Administrative Services and the Oregon University System
shall jointly prepare a biennial report summarizing the progress toward
achieving the goals of this section. The biennial report shall be made
available to the public. [1979 c.734 §3; 1989 c.556 §3; 1995 c.551 §18; 2001
c.683 §3; 2008 c.26 §3; 2009 c.259 §24; 2011 c.458 §7]
Note:
See note under 276.900.
PENALTIES
276.990
Penalties. (1) Subject to ORS 153.022, a person
who violates any rule lawfully promulgated under this chapter commits a Class A
violation.
(2) Any agency or officer of the state
having authority to regulate parking may enter into agreements or contracts
with any county, city or political subdivision under such terms as the agency
or officer considers advisable to prosecute violations of subsection (1) of
this section.
(3) Any person who in any way
intentionally or maliciously damages or obstructs any water line of the public
buildings and grounds or state institution or in any way contaminates or
renders the water impure or injurious is guilty of a misdemeanor and shall,
upon conviction, be punished as provided in ORS 431.990 for violation of the
statutes enumerated therein. [Amended by 1967 c.450 §4; 1969 c.199 §47; 1973
c.663 §1; 1977 c.50 §1; 1977 c.598 §27; 1999 c.1051 §170]
CHAPTER 277 [Reserved for
expansion]
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