2007 Oregon Code - Chapter 176 :: TITLE 18
TITLE 18
EXECUTIVE
BRANCH; ORGANIZATION
Chapter 176. Governor
177. Secretary of State
178. State Treasurer
179. Administration of State Institutions
180. Attorney General; Department of Justice
181. State Police; Crime Reporting and Records;
Public Safety Standards and Training
182. State Administrative Agencies
183. Administrative Procedures Act; Legislative
Review of Rules; Civil Penalties
184. Administrative Services and Transportation
Departments
185.
_______________
Chapter 176
Governor
2007 EDITION
GOVERNOR
EXECUTIVE BRANCH; ORGANIZATION
GENERAL PROVISIONS
176.010 Commencement
of term; inauguration
176.020 Cessation
of term
176.040 Disability
of Governor, how determined; succession to office, when permitted
176.050 Finding
that disability is, or is not, removed
176.110 Actions
of Governor-elect; budget report; tax expenditure report; expenses
176.250 Service
of subpoena upon Governor
LAW ENFORCEMENT MEDAL OF HONOR
176.260 Award
of medal
176.262 Governors
Commission on the Law Enforcement Medal of Honor; rules
176.264 Law
Enforcement Medal of Honor Account
PROCLAMATIONS
(Death of Unknown Persons)
176.740 Governors
proclamation; presumption for missing person; death certificate
(Energy Resources Emergency Powers)
176.750 Energy
resources defined
Note Suspension
of ethanol standards--2007 c.885 §§4,5
176.755 Policy
176.760 Information
to be available to Governor
176.765 Confidentiality
of information; use; liability
176.770 Curtailment
priorities
176.775 Content
of Governors proclamation of lack of energy resource or resource emergency
176.780 Action
authorized by proclamation under ORS 176.775
176.785 Proclamation
of state of emergency
176.790 Duration
of emergency under proclamation; renewal or extension of proclamation
176.795 Actions
authorized by proclamation under ORS 176.785
176.800 Construction
of ORS 176.750 to 176.815
176.805 Status
of proclamation, order or directive as rule; judicial review
176.809 Governors
energy emergency contingency plan
176.815 Cooperation
with local governments
176.820 State
Department of Energy Account
PENALTIES
176.990 Penalties
CROSS-REFERENCES
Reports to Governor
Adjutant General, Oregon National Guard
(annual, by November 1), 396.160
Adult Offender Supervision, Interstate
Commission for, activities and recommendations (annual), 144.600 (Article V)
Agriculture, Department of, environmental
justice (annual), 182.550
Agriculture, Director of, activities related
to weights and measures (annual), 618.021
Agriculture, State Board of (biennial),
561.378
Alcohol and Drug Abuse Programs, Governors
Council on, findings and recommendations (by January 1 each even-numbered
year), 430.255
Appointing authorities, diversity of
individuals appointed to fill vacancies in governmental office (annual),
236.115
Asian Affairs, Commission on, needs of Asian
Americans (biennial), 185.620
Asset Forfeiture Oversight Committee, civil
forfeitures (annual, by March 31), 475A.155
Attorney General, extradition (at Governors
request), 133.757
Audits, Division of, loss of public funds or
property involving public office, 297.120
Child Care, Commission for (biennial), 657A.600
Children and Families, State Commission on
Service
system status and additional proposals (biennial), 417.735
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Climate Change Research Institute,
College Savings Board,
Community Colleges and Workforce Development,
Department of, plant closings and mass layoffs (annual), 285A.522
Corrections Enterprises,
Debt Policy Advisory Commission, State,
consolidated bond profile, outstanding debt and net borrowing capacity
(annual), 286A.255
Disabilities Commission,
Economic and Community Development
Commission,
Directors
performance, recommendations (periodic), 285A.070
Economic
development efforts, success (biennial), 285A.050
Economic and Community Development Department,
financial statements for individual funding programs (annual), 285A.206
Education, Department of
Alcohol
and drug abuse policies and implementation plans, 336.245
Environmental
justice (annual), 182.550
Steroids
and performance-enhancing substances (by September 30, 2008), 2007 c.395 §4
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Employment Department
Replacement
of Unemployment Compensation Administration Fund moneys, director (as necessary),
657.825
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Employment Relations Board, labor disputes
(at Governors request), 662.425
Energy, Director of State Department of
Radioactive
material transportation (biennial), 469.617
Transactions
of loan and sinking funds (biennial), 470.140
Energy, State Department of
Comprehensive
energy plan (each odd-numbered year), 469.060
Outdoor
lighting (by October 1, 2008), 2007 c.551 §3
Environmental Justice Task Force, progress,
issues (annual), 182.538
Environmental Quality, Department of
Accomplishments
and goals (annual, by January 15), 465.235
Environmental
justice (annual), 182.550
Facilities Authority,
Film and Video Office,
Fire Marshal, State
Environmental
justice (annual), 182.550
Summary
of hazardous substance emergencies (annual), 453.342
Fire Service Policy Council, Governors,
overall performance of office of State Fire Marshal (biennial), 476.685
Fish and Wildlife Commission, State,
activities (biennial), 496.128
Fish and Wildlife, State
Department of
Environmental
justice (annual), 182.550
Fish
passage, director (periodic), 509.595
Natural
production of anadromous fish runs (semiannual), 496.480
Forester, State
Forestry
management programs (biennial), 526.255
Woody
biomass collection and conversion (triennial), 526.280
Forestry Department, State,
environmental justice (annual), 182.550
Geology and Mineral Industries, State
Department of, environmental justice (annual), 182.550
Health Fund Board,
Health Policy and Research, Administrator of
Office for
Health Services Commission, health services
priorities, list (by July 1 each even-numbered year), 414.720
Higher Education, State Board of, proposed
budget (biennial), 351.090
Historic Preservation Officer, State,
financial condition and operation of Historic Preservation Revolving Loan Fund
(annual), 358.678
Human Services, Department of
Alcohol
and drug abuse policies and implementation plans for school districts
(biennial), 336.245
Community
Mental Health Housing Fund, revenues and expenditures (biennial), 426.506
Developmental
Disabilities Community Housing Fund, revenues and expenditures (biennial),
427.340
Environmental
justice (annual), 182.550
JOBS
Plus Program analysis, recommendations (annual), 411.896
Mental
health treatment and services (biennial), 430.640
Tobacco
Use Reduction Account grants (biennial), 431.836
Voluntary
statewide early childhood system, joint report (January each odd-numbered
year), 417.728
Human Services, Director of, planning and
policy formulation (periodic), 409.160
Independent Multidisciplinary Science Team,
Oregon Plan (annual), 541.409
Indian Services, Commission on, all matters
of concern to Indians (biennial), 172.120
Injured workers, ombudsman for, services
provided, recommendations (at least once each quarter), 656.709
Innovation Council,
Interagency Coordinating Council, State,
status of early intervention programs (annual), 343.499
Investment Council,
JOBS Plus Advisory Board, program status and
progress (annual), 411.888
Judicial Conference (annual), 1.840
Justice, Department of
Activities
(biennial), 147.205
Matters
referred by Governor, 180.520
Juvenile Crime Prevention Advisory Committee,
progress (periodic), 417.850
Klamath River Basin Compact Commission,
finances and activities (annual), 542.620 (Article IX)
Korean American Day Commission (by February 1
each odd-numbered year), 2007 c.68 §2
Land Conservation and Development, Department
of, environmental justice (annual), 182.550
Land Use Planning, Oregon Task Force on,
findings and recommendations (by February 1, 2009), 2005 c.703 §1
Lands, Department of State, environmental
justice (annual), 182.550
Long Term Care Ombudsman, office of
(semiannual), 441.109
Lottery Commission,
Budget
estimates and requests (by November 10 each even-numbered year), 461.140
Operation
of state lottery (quarterly and annual), 461.100
Lottery, Director of the
Marine Board, State, environmental justice
(annual), 182.550
Minority, Women and Emerging Small Business,
Advocate for, status of minorities and women in marketplace, recommendations
(annual), 200.025
Multistate Tax Commission, activities
(annual), 305.655 (Article VI)
Natural resource agencies, directors,
environmental justice (annual), 182.550
Ombudsman services, persons performing,
summary of services, recommendations (at least once each quarter), 182.500
Oregon Community Power, board of directors,
activities and operations, audit summary (annual, by April 15), 757.842
Activities
and operations (annual, by April 15), 353.080
Impact
of Oregon Opportunity program on Oregon Health and
Oregon University System, alcohol and drug
abuse policies and implementation plans, 336.245
Pacific Northwest Electric Power and
Conservation Planning Council, review of actions (annual, on October 1),
469.845
Parks and Recreation Department, State,
designation of scenic waterways (periodic), 390.855
Parks and Recreation Director, State,
activities of State Advisory Committee on Historic Preservation (biennial),
358.687
Pest Control Insurance Fund, activities
(annual), 570.650 (Article IV)
Pharmacy, State Board of, receipt and
expenditure of additional moneys (periodic), 689.135
Public Officials Compensation Commission (by
November 10 each even-numbered year), 292.912
Public Safety Memorial Fund Board, activities
(biennial), 243.970
Public Safety Standards and Training, Board
on, evaluation of directors implementation of policy and standards (annual),
181.635
Public Utility Commission, environmental
justice (annual), 182.550
Quality Education Commission, current and
best education practices (by July 31 each even-numbered year), 327.506
Racing Commission,
Revenue, Director of the Department of,
revenue raising functions of state agencies (biennial), 305.025
School Safety, Center for, status of school
safety (annual, by July 1), 339.331
Secretary of State
Audits
of state agencies (as necessary), 297.210
School
district and education service district audits, 326.133
State
Accident Insurance Fund Corporation and Industrial Accident Fund, audit and
review (annual), 656.772
Seismic Safety Policy Advisory Commission,
earthquake hazards, 401.343
Semi-independent state agencies, operations
(by January 1 each even-numbered year), 182.472
Small business, ombudsman for, services
provided, recommendations (at least once each quarter), 656.709
Spinal Cord Injury Research Board, status of
funds, research progress (by January 1 each odd-numbered year), 431.292
State Accident Insurance Fund Corporation,
board of directors, activities and operations (annual, by April 15), 656.751
State agencies
Administrative
reports, work performance (periodic), 291.018
Affirmative
action objectives, performance (biennial), 659A.012
Bonded
indebtedness (biennial), 286A.035
Programs
of state agency that affect Indian tribes (annual, by December 15), 182.166
Real
property and facility maintenance account (biennial), 276.285
Telecommunications Coordinating Council,
Transportation Commission,
Transportation, Department of, environmental
justice (annual), 182.550
Travel Information Council, activities and
operations (annual), 377.838
Treasurer, State, investment of moneys in
Oregon Growth Account (annual), 348.703
University of
Veterans Affairs, Director of, Advisory
Committee, administration of office of the director (annual), 406.220
Volunteers Commission for Voluntary Action
and Service,
Water Resources Commission, transactions of
Water Development Fund and Bond Sinking Fund (biennial), 541.855
Water Resources Department, environmental
justice (annual), 182.550
Watershed Enhancement Board,
Western Interstate Commission for Higher
Education, activities (annual, by January 15), 351.780 (Article VII)
Women, Commission for, concerns and issues
confronting women (biennial), 185.510
GENERAL PROVISIONS
176.010
Commencement of term; inauguration. The official term of the Governor shall commence upon the publication
of the returns by the Speaker of the House of Representatives, as provided in
section 4, Article V, Oregon Constitution; or in case of an election of the
Governor by the Legislative Assembly, as provided in section 5, Article V,
Oregon Constitution, the official term of the Governor shall commence
immediately upon such election; and the Governor shall be inaugurated by taking
the oath of office.
176.020
Cessation of term. The term
of office of the Governor ceases when the successor of the Governor, having
been declared elected by the Legislative Assembly as provided in the
Constitution, is inaugurated by taking the oath of office.
176.030 [Renumbered 176.510]
176.040
Disability of Governor, how determined; succession to office, when permitted. (1) Whenever it appears that the Governor is
unable to discharge the duties of the office, the person next in line of
succession to the office of Governor or the person who is Chief Justice of the
Supreme Court of Oregon may call a conference consisting of the person who is
Chief Justice, the person who is chief medical officer of the state hospital in
Salem and the person who is dean of the Oregon Health and Science University.
The three members of the conference shall examine the Governor. After the
examination, or if upon attempting to examine the Governor the members of the
conference are unable to examine the Governor because of circumstances beyond
their control, they shall conduct a secret ballot and by unanimous vote may
find that the Governor is temporarily unable to discharge the duties of the
office.
(2) The finding of or failure to find a
disability shall be made public, and in case the Governor is found to be unable
to discharge the duties of the office, the person next in line of succession to
the office of Governor shall be notified. After receiving the notification such
person may, under section 8, Article V of the Oregon Constitution, become
Governor until the disability be removed. [1959 c.672 §1; 1969 c.391 §13]
176.050
Finding that disability is, or is not, removed. (1) Whenever a Governor who is unable to
discharge the duties of the office believes that the Governors disability has
been removed, the Governor may call a conference consisting of the three
persons referred to as members of such a conference in ORS 176.040 (1). The
three members of the conference shall examine the Governor. After the
examination they shall conduct a secret ballot and by unanimous vote may find
the disability removed.
(2) The finding of or failure to find the
disability removed shall be made public. [1959 c.672 §2; 2005 c.22 §123; 2007
c.70 §40]
176.110
Actions of Governor-elect; budget report; tax expenditure report; expenses. (1) The person elected to the office of
Governor may take any action prior to the date the official term of office
commences that is necessary to enable the Governor to exercise on such date the
powers and duties of the office of Governor.
(2) The Governor-elect shall cause the
budget report and the tax expenditure report for the biennium beginning July 1
of the year in which the Governor takes office to be compiled and prepared for
printing as required in ORS 291.222.
(3) All necessary expenses of the
Governor-elect incurred in carrying out the provisions of this section shall be
audited by the Secretary of State and paid from any funds appropriated for this
purpose in the same manner as other claims against the state are paid. [1965
c.80 §1; 1969 c.464 §1; 1995 c.746 §73]
176.250
Service of subpoena upon Governor. Notwithstanding any provision of the Oregon Rules of Civil Procedure
or other laws of this state, service of subpoena upon the Governor shall be
made by delivering a copy to the legal counsel to the Governor or, in the legal
counsels absence, an assistant to the Governor. [1983 c.82 §3]
LAW
ENFORCEMENT MEDAL OF HONOR
176.260
Award of medal. (1) The Law
Enforcement Medal of Honor is established. Upon nomination by the Governors
Commission on the Law Enforcement Medal of Honor established in ORS 176.262,
the Governor may award the medal in the name of the state to a law enforcement
officer who has been distinguished by exceptionally honorable and meritorious
conduct. The medal may be awarded posthumously to a representative of the
deceased law enforcement officer.
(2) The medal shall be bronze and consist
of a police shield overlaid by a sheriffs star with the seal of the State of
176.262
Governors Commission on the Law Enforcement Medal of Honor; rules. (1) The Governors Commission on the Law
Enforcement Medal of Honor is established consisting of six members appointed
by the Governor as follows:
(a) One member shall be a representative
of the Governors office;
(b) One member shall be a representative
of the Department of Public Safety Standards and Training;
(c) One member shall be a representative
of the Oregon Association Chiefs of Police;
(d) One member shall be a representative
of the Oregon State Sheriffs Association;
(e) One member shall be a representative
of a statewide organization of police officers; and
(f) One member shall be a representative
of a statewide organization of peace officers.
(2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired term.
(3) The commission shall:
(a) Adopt rules establishing
qualifications for nomination as a recipient of the Law Enforcement Medal of
Honor;
(b) Meet at least once every six months to
consider candidates for nomination for the Law Enforcement Medal of Honor; and
(c) Nominate candidates for the Law
Enforcement Medal of Honor.
(4) The Department of Public Safety
Standards and Training shall provide staff for the commission.
(5) The commission may seek and accept
contributions of funds and assistance from any source for the purpose of
carrying out the provisions of ORS 176.260. All funds received by the
commission under this subsection shall be paid into the State Treasury and
deposited into the Law Enforcement Medal of Honor Account established in ORS 176.264.
(6) A member of the commission is not
entitled to compensation nor to reimbursement for travel and other expenses
incurred in the performance of duties as a member of the commission. [2005
c.284 §2; 2007 c.329 §1]
176.264
Law Enforcement Medal of Honor Account. The Law Enforcement Medal of Honor Account is established separate and
distinct from the General Fund. Interest earned by the account shall be
credited to the account. The account consists of moneys deposited in the
account under ORS 176.262. Moneys in the account are continuously appropriated
to the Governor for the purpose of paying costs incurred in purchasing and
awarding the Law Enforcement Medal of Honor under ORS 176.260. [2005 c.284 §3]
176.510 [Formerly 176.030; repealed by 1983 c.82 §4]
176.610 [1969 c.597 §2; repealed by 1971 c.301 §26
and by 1971 c.319 §11 and by 1971 c.401 §120]
176.620 [1969 c.597 §3; repealed by 1971 c.319 §11]
176.630 [1969 c.597 §4; 1971 c.319 §4; renumbered
184.765]
176.650 [1971 c.686 §1; repealed by 1973 c.1 §1]
176.660 [1971 c.686 §10; repealed by 1973 c.1 §1]
176.670 [1971 c.686 §8; repealed by 1973 c.1 §1]
176.680 [1971 c.686 §2; repealed by 1973 c.1 §1]
176.690 [1971 c.686 §3; repealed by 1973 c.1 §1]
176.700 [1971 c.686 §4; repealed by 1973 c.1 §1]
176.710 [1971 c.686 §5; repealed by 1973 c.1 §1]
176.720 [1971 c.686 §6; repealed by 1973 c.1 §1]
176.730 [1971 c.686 §7; repealed by 1973 c.1 §1]
PROCLAMATIONS
(Death of
Unknown Persons)
176.740
Governors proclamation; presumption for missing person; death certificate. (1) The Governor may proclaim that a natural
disaster or an act of war, terrorism or sabotage has caused the death of
unknown persons on a specific date at a specific place.
(2) For the purposes of any civil or administrative
proceeding, there is a presumption that a missing person is dead if it is shown
that:
(a) The person was at or near the place
described in a proclamation under this section on the date specified in the
proclamation; and
(b) The persons absence cannot be
satisfactorily explained after diligent search.
(3) In administering the estate of an
absentee under ORS chapter 117, the court may enter an order directing the
State Medical Examiner to deposit a death certificate with the county registrar
for a decedent presumed to be dead under this section. The county registrar may
not charge a fee for depositing a death certificate under this subsection or
for issuing a copy of a death certificate deposited under this subsection. The
State Medical Examiner shall indicate on the death certificate that the death
certificate was issued pursuant to an order entered under this section.
(4) This section does not establish, limit
or abrogate the special peril doctrine. [2003 c.560 §1]
(Energy
Resources Emergency Powers)
176.750
Energy resources defined.
As used in ORS 176.750 to 176.815, unless the context requires otherwise, energy
resources includes electricity, natural gas, petroleum, coal, wood fuels,
geothermal sources, radioactive materials and any other resource yielding
energy. [1974 c.5 §2]
Note: Sections 4 and 5, chapter 885, Oregon Laws
2007, provide:
Sec.
4. Suspension of ethanol standards. (1) The Governor by executive order may suspend, for up to 90 days,
renewable fuel use standards established by state law for ethanol if the
Governor determines that compliance with the standards is technically or
economically infeasible or poses a significant risk to public safety. A
suspension under this section shall be limited to counties east of the summit
of the
(2) The Governor must receive a
recommendation of suspension from the State Department of Energy before issuing
an executive order under this section. Before recommending a suspension, the
department shall provide a 30-day period of public comment on the proposed
suspension, unless the department determines that a shorter public comment
period is necessary. The department shall issue written findings of fact with
the recommendation of suspension. [2007 c.885 §4]
Sec.
5. Section 4 of this 2007
Act is repealed on December 31, 2008. [2007 c.885 §5]
176.755
Policy. (1) The Legislative
Assembly finds that the lack of energy resources and other energy resource emergencies
may threaten the availability of essential services and transportation, and the
operation of the economy, jeopardizing the peace, health, safety and welfare of
the people of
(2) The Legislative Assembly finds it
necessary to provide an orderly procedure for anticipating and responding to
energy resource shortages and to grant, under conditions prescribed in ORS
176.750 to 176.815, emergency powers to order involuntary curtailments in the
use of energy resources to the Governor and other state and local officers.
(3) The Legislative Assembly declares it
the policy of Oregon to assist the President of the United States in effective
management and control of such factors and situations as contribute to an
emergency affecting or likely to affect Oregon; to cooperate with other states
in matters related to an emergency affecting or likely to affect Oregon; to
meet extraordinary conditions in Oregon arising out of the crisis, by taking
such steps as are necessary and appropriate; and generally to protect the
peace, health, safety and welfare of the people of Oregon. [1974 c.5 §1]
176.760
Information to be available to Governor. (1) On a continuing basis the Governor may obtain all necessary
information from energy resource producers, suppliers and consumers, doing
business within
(a) Sales volumes.
(b) Forecasts of energy resource
requirements.
(c) Inventory of energy resources.
(d) Local distribution patterns of
information under paragraphs (a) to (c) of this subsection.
(2) In obtaining information at any time
from energy resource producers or suppliers under subsection (1)(c) of this
section, and in obtaining any other information under subsection (1) of this
section during a state of emergency proclaimed under ORS 176.775 to 176.785,
the Governor may subpoena witnesses, material and relevant books, papers,
accounts, records and memoranda, administer oaths, and may cause the
depositions of persons residing within or without Oregon to be taken in the
manner prescribed for depositions in civil actions in circuit courts, to obtain
information relevant to energy resources that are the subject of the proclaimed
emergency.
(3) In obtaining information under this
section the Governor:
(a) Shall seek to avoid eliciting
information already furnished by a person or political subdivision in this
state to a federal, state or local regulatory authority that is available for
the study of the Governor; and
(b) Shall cause reporting procedures,
including forms, to conform to existing requirements of federal, state and local
regulatory authorities. [1974 c.5 §3; 1975 c.601 §1]
176.765
Confidentiality of information; use; liability. (1) Notwithstanding any other law,
information furnished under ORS 176.760 and designated by that person as
confidential, shall be maintained as confidential by the Governor and any
person who obtains information which the person knows to be confidential under
ORS 176.750 to 176.815. The Governor shall not make known in any manner any
particulars of such information to persons other than those specified in
subsection (4) of this section. No subpoena or judicial order may be issued
compelling the Governor or any other person to divulge or make known such
confidential information, except when relevant to a prosecution for violation
of subsection (5) of this section.
(2) Nothing in this section prohibits use
of confidential information to prepare statistics or other general data for
publication, so presented as to prevent identification of particular persons.
(3) Any person who is served with a subpoena
to give testimony orally or in writing or to produce books, papers,
correspondence, memoranda, agreements or other documents or records as provided
in ORS 176.750 to 176.815 may apply to any circuit court in Oregon for
protection against abuse or hardship in the manner provided in ORCP 36 C.
(4) References to the Governor in this
section include only individuals designated for this purpose in writing by the
Governor.
(5) In addition to any penalties under ORS
176.990, a person who discloses confidential information in violation of this
section willfully or with criminal negligence, as defined by ORS 161.085, may
be subject, notwithstanding any other law, to removal from office or immediate
dismissal from public employment. [1974 c.5 §4; 1977 c.358 §8; 1979 c.284 §119]
176.770
Curtailment priorities. In
consultation with appropriate federal, state officials and officials of
political subdivisions in this state the Governor, unless otherwise provided by
law, shall cause to be established, and revised as appropriate, standby
priorities for curtailment in the use of energy resources. However, involuntary
curtailments may be ordered only by means of executive orders issued under ORS
176.750 to 176.815. [1974 c.5 §5]
176.775
Content of Governors proclamation of lack of energy resource or resource
emergency. Whenever the
Governor declares by proclamation that lack of an energy resource or any energy
resource emergency threatens or is likely to threaten the availability of
essential services, transportation or the operation of the economy, the
Governor shall state the nature of the energy resource shortage or emergency. [1974
c.5 §6]
176.780
Action authorized by proclamation under ORS 176.775. Whenever the Governor has issued a
proclamation under ORS 176.775, the Governor may by executive order direct
actions:
(1) Reducing energy resource usage by
state agencies and political subdivisions in this state.
(2) Promoting conservation, prevention of
waste and salvage of energy resources and the materials, services and
facilities derived therefrom or dependent thereon, by state agencies and
political subdivisions in this state.
(3) Directing the establishment by state
agencies and political subdivisions in this state of programs necessary to
implement and comply with federal energy conservation programs, including but
not limited to allocation or rationing of energy resources and the distribution
of the states discretionary allotments. [1974 c.5 §7; 2003 c.14 §71]
176.785
Proclamation of state of emergency. Whenever the Governor determines that an existing or imminent severe
disruption in the supply of one or more energy resources, in Oregon or
elsewhere, threatens the availability of essential services, transportation or
the operation of the economy, jeopardizing the peace, health, safety and
welfare of the people of Oregon, after consultation with the President and
majority and minority leaders of the Senate and the Speaker and majority and
minority leaders of the House of Representatives, the Governor may by
proclamation declare that a state of emergency exists with regard to such
resources. In the proclamation, the Governor shall recite with specificity the
nature of the severe disruption in the supply of one or more energy resources. [1974
c.5 §8]
176.790
Duration of emergency under proclamation; renewal or extension of proclamation. (1) A proclamation of emergency and all
orders and rules issued as a result of the proclamation under ORS 176.750 to
176.815 shall continue in effect for 30 days unless the Governor rescinds it
and declares the emergency ended before the expiration of the 30-day period.
(2) A proclamation may be renewed or
extended only by joint resolution of the Legislative Assembly unless 60 days
have elapsed from the date of the original proclamation. [1974 c.5 §8a]
176.795
Actions authorized by proclamation under ORS 176.785. (1) During any emergency proclaimed under
ORS 176.785, the Governor by executive order may order involuntary
curtailments, adjustments or allocations in the supply and consumption of
energy resources applicable to all suppliers and consumers. However, the
Governor may not order such curtailments, adjustments or allocations which
discriminate within any class of consumers. It is the intent of the Legislative
Assembly that any such curtailments, adjustments and allocations be ordered and
continue only so long as demonstrably necessary for the maintenance of
essential services or transportation, or the continued operation of the
economy; and that all such curtailments, adjustments and allocations be applied
as uniformly as practicable within each class of suppliers and consumers.
(2) Any involuntary curtailments of
electrical or natural gas load, pursuant to subsection (1) of this section,
shall be made by executive order to the Public Utility Commission of Oregon
requiring the commission to implement plans for curtailment adopted pursuant to
ORS 757.710 to 757.730.
(3) In addition to orders issued pursuant
to subsection (1) of this section, the Governor by executive order may:
(a) Modify transportation routes and
schedules as necessary to conserve energy resources to the extent permissible
under federal law and regulations.
(b) Specify the times and manner in which
energy resources are supplied or consumed, consistent with the restrictions
imposed by subsection (1) of this section.
(4) Any restrictions or involuntary
curtailments, adjustments or allocations ordered, except those ordered under
ORS 176.775 and 176.780, shall give due consideration to the needs of commercial,
retail, professional and service establishments whose normal function is to
supply goods or services or both of an essential nature including but not
limited to food, lodging, fuel, medical care facilities, during times of the
day other than conventional daytime working hours.
(5) During an emergency proclaimed under
ORS 176.785, the Governor by executive order may prescribe and direct
activities promoting the conservation, prevention of waste and salvage of
energy resources and the materials, services and facilities derived therefrom
or dependent thereon. [1974 c.5 §§9,11]
176.800
Construction of ORS 176.750 to 176.815. (1) Nothing in ORS 176.750 to 176.815 is intended as a delegation of
legislative responsibility for the appropriation or authorization of
expenditure of public funds, as provided in the Constitution and laws of this
state.
(2) The powers vested in the Governor
under ORS 176.750 to 176.815 are in addition to, and not in lieu of, emergency
powers vested in the Governor under ORS 401.015 to 401.580 and 401.990 or any
other law of
(3) It is the intent of the Legislative
Assembly that if ORS 176.750 to 176.815 and 176.990 are held unconstitutional
as applied to contracts executed before February 26, 1974, ORS 176.750 to
176.815 and 176.990 nevertheless are effective with respect to contracts
executed on or after February 26, 1974, and with respect to renewals or
extensions of existing contracts on or after February 26, 1974. [1974 c.5 §§10,14,15]
176.805
Status of proclamation, order or directive as rule; judicial review. (1) Any proclamation, executive order or
directive issued pursuant to ORS 176.750 to 176.815 shall be deemed to be a
rule subject to ORS chapter 183, except that jurisdiction for judicial
determination of the validity thereof pursuant to ORS 183.400 is conferred upon
the Court of Appeals.
(2) Any such proceeding in the Court of
Appeals shall be given precedence on the docket over all other cases, except
prior cases arising under ORS 176.750 to 176.815 and 176.990. The court may
appoint a master to take evidence and make proposed findings of fact and
conclusions of law in such case. [1974 c.5 §12]
176.809
Governors energy emergency contingency plan. (1) The Governor, in consultation with the State Department of Energy
and the Economic and Community Development Department, shall compile existing
data and prepare an extensive statewide contingency plan to maintain emergency
services, continue productivity and reduce hardship during an energy emergency.
(2) As used in this section, energy
emergency means a severe fuel oil shortage caused by international market
conditions or hostilities, or any other emergency threatening the availability
of any energy resource necessary to maintain essential services and transportation,
the shortage of which jeopardizes the health, safety and welfare of the people
of the State of
176.810 [1974 c.59 §2; 1975 c.606 §14; renumbered
176.820]
176.815
Cooperation with local governments. (1) The Governor shall solicit suggestions and recommendations from
local governments in preparing the statewide contingency plan under ORS
176.809.
(2) The contingency plan developed by the
Governor under ORS 176.809 shall utilize, with the approval of the local
governments, the services and facilities of local governments to implement the
plan. [1981 c.597 §3]
176.820
State Department of Energy Account. There is continuously appropriated from the Motor Vehicle Division
Account to the State Department of Energy, for deposit in the State Department
of Energy Account, sufficient moneys for the payment of expenses incurred under
chapter 606, Oregon Laws 1975, subject to limitations on payment of expenses as
approved under legislative authority. [Formerly 176.810; 2003 c.186 §9]
Note: Legislative Counsel has substituted chapter 606,
PENALTIES
176.990
Penalties. (1) Violation of
ORS 176.765 (5) is a Class A violation.
(2) Any person who willfully fails or
neglects to comply with an executive order issued under ORS 176.750 to 176.815,
or a directive of the Governor implementing such an executive order, shall
forfeit and pay into the State Treasury a civil penalty not to exceed $1,000
for each such failure for each day such failure persists.
(3) In addition to or in lieu of the civil
penalty available under subsection (2) of this section, the Governor may direct
the reduction or termination of supply of any or all energy resources being
supplied to the noncomplying party by any person or political subdivisions in
this state whose activities in furnishing energy resources are subject to
allocation, rationing, regulation or other control under ORS 176.750 to 176.815
or any other law of Oregon. A noncomplying party is entitled to restoration of
supply as soon as the party has achieved compliance.
(4) The Governor may apply to any circuit
court for appropriate equitable relief against any person who violates or fails
to carry out an executive order or directive under ORS 176.750 to 176.815. [1974
c.5 §13; 1999 c.1051 §164]
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