2007 Oregon Code - Chapter 276 :: TITLE 26
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
2007 EDITION
PUBLIC FACILITIES
PUBLIC FACILITIES, CONTRACTING &
INSURANCE
GENERAL PROVISIONS
276.001 Definitions
(Generally)
276.002 Control
of State Capitol; disposition of rentals
276.003 State
Capitol Operating Account;
276.004 Utilization
of buildings and grounds other than State Capitol,
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 276.028 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
(Capitol Area Planning)
276.028 Declaration
of policy concerning capitol area and other areas
276.033 Duties
of Oregon Department of Administrative Services; rules
276.035 Investigation
and review of proposals relating to buildings and grounds
276.041 Cooperation
with City of
(Lands and Facilities in Capitol Area)
276.046 Authority
for department to acquire and improve land in capitol area
276.053
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 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
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
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
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
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
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
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
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
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
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
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
276.915 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]
(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;
(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 credited to the Oregon State Capitol Foundation Fund are continuously
appropriated to the foundation for the purposes of ORS 173.500.
(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
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,
(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
(e) The state office building and parking
structure in
(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
(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
(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)
Construction.................................. $1
(b)
Construction.................................. $1
(c)
Construction.................................. $1
(d)
(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
underwriters 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 276.028 to 276.062. As used in ORS 276.028 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
(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]
(Capitol Area
Planning)
276.028
Declaration of policy concerning capitol area and other areas. A special relationship exists between the
City of Salem, Oregons capitol, and state government. State lands and
buildings and the functions of state government have a significant impact on
the City of
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
Duties of
(1) Review on a continuing basis, in
cooperation with other affected state agencies, studies and analyses of the
building needs of state agencies located within the metropolitan area of the
City of
(2) Establish and maintain a master plan
for the development of the capitol group of buildings situated within the
Capitol Mall.
(3) Maintain a coordination plan for
state-owned real properties identified in ORS 276.028 that describes the
relationship between the properties and between the properties and the City of
(4)(a) Cooperate and consult with local
governmental agencies that have jurisdiction within the areas described by ORS
276.028 for the purpose of coordinating the development of state buildings and
grounds in those areas with community planning and development programs in
those areas.
(b) If the department establishes, adopts
or implements a plan of development in an area that is located within the
boundaries of the City of
(5) Coordinate with the governing body and
the planning commission of the City of
(a) Utilizing the Capital Projects
Advisory Board established under ORS 276.227 for project review;
(b) Including one member from the City of
(c) Providing opportunity for public
comment; and
(d) Establishing a special design review
process for projects on the Capitol Mall.
(6) Comply with all applicable local
planning and land use laws and regulations. [2003 c.796 §22; 2005 c.217 §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
Investigation and review of proposals relating to buildings and grounds. The Oregon Department of Administrative
Services shall:
(1) Investigate the advisability of
additions to, reductions of or other changes in buildings and grounds in the
areas described in ORS 276.028; and
(2) Investigate, review and make
recommendations on all proposals of state agencies to add to, reduce or
otherwise change a building and grounds in the areas described in ORS 276.028. [2003
c.796 §23; 2005 c.217 §13]
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
Cooperation with City of
(2) The department shall make all possible
efforts to obtain the cooperation of officers and commissions of the City of
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
(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
276.028. [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
(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
(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
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.
276.060 [1953 c.67 §1; 1957 c.377 §2; repealed by
1969 c.706 §70]
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 Economic and
Community Development Department and the Oregon Department of Administrative
Services, if the construction project is located within the area described in
ORS 276.028, and the Arts Program of the Economic and Community Development
Department, the Oregon Department of Administrative Services and the
contracting agency if the project is located outside the area described in ORS
276.028, 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 Economic and Community 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 states 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 citizens 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 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
designated State Historic Preservation Officer, the Oregon Historical Society,
the Arts Program of the Economic and Community 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]
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
276.104 [1967 c.615 §2; 1969 c.314 §18; repealed by
1993 c.742 §44]
276.106
Use of
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
(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
(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
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
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, Department of Corrections 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
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
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
(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
(1) Accept on behalf of the State of
(2) Enter into such contracts and
agreements with the
276.227
Statewide planning process; public review process for capital projects;
advisory board; state property database; maintenance plans. (1) The State of
(2) The Oregon Department of
Administrative Services shall establish a statewide planning process that
evaluates the needs of the states facilities, provides comparative information
on the condition of the states 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 Governors 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 agencys 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 agencys
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 shall
not apply to institutions of higher education as described in ORS 352.002, the
Oregon Health and
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 shall
not apply to an institution of higher education as described in ORS 352.002,
the Oregon Health and
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
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
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 agencys 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 agencys 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
(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
(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
276.385
Rentals for buildings other than State Capitol or
(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
276.390
Approval of rent schedule by Emergency Board; appropriations to cover rental
costs; rent schedule for State Capitol and
(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]
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]
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.
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
agencys 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 276.028.
(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
(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
276.612
Determining buildings to be constructed, altered, repaired, furnished and
equipped. The Department of
Corrections, Department of Human Services 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 institutions or activities under its jurisdiction. [Amended by 1969
c.597 §52; 1987 c.320 §154; 1991 c.703 §4; 1995 c.79 §94]
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 departments 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
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 nonrenewable energy resources and to serve as models
of energy efficiency. [1979 c.734 §1; 1989 c.556 §1; 2001 c.683 §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
solar, wind, geothermal, heat recovery or other systems which use a renewable
resource and are environmentally sound.
(2) Authorized state agency means any
state agency, board, commission, department or division that is authorized to
finance the construction, purchase or renovation of buildings or other
structures to be used by the State of
(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 nonrenewable energy resources
in a state-owned 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 years 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 systems means all utilities,
including but not limited to heating, air conditioning, ventilating, lighting
and the supply of domestic hot water.
(7) Major facility means any state-owned
building having 10,000 square feet or more of usable floor space.
(8) Renovation means any addition to,
alteration of or repair of a facility which will involve addition to or alteration
of the facilitys energy systems, provided that the affected energy systems
account for 50 percent or more of the facilitys total energy use. [1979 c.734 §2;
1987 c.320 §155; 1989 c.556 §2; 2001 c.683 §2]
Note: See note under 276.900.
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 any major facility is to be constructed or renovated the agency
shall cause to be included in the design phase of the construction or
renovation a provision that requires an energy consumption analysis identifying
all reasonable cost-effective energy conservation measures and alternative
energy systems to be prepared for the facility under the direction of a
professional engineer or licensed architect. The authorized agency and the
State Department of Energy shall agree to the list of energy conservation
measures and alternative energy systems to be analyzed. The 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 analysis and forward its findings to the authorized state
agency within 10 working days after receiving the analysis, if practicable.
(3) The State Department of Energy, in
consultation with the Oregon Department of Administrative Services and the
Oregon University System, 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 its review of
energy consumption analyses and facility designs and its reporting tasks. Such
fees imposed shall not exceed 0.2 percent of the capital construction cost of
the facility. The fees shall 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) Require an authorized state agency to
reduce the amount of use of nonrenewable energy by at least 10 percent from the
amount used by the state agency in the 2000 calendar year. The State Department
of Energy shall require state agencies that fail to achieve and maintain a 10 percent
reduction on and after June 30, 2003, to submit biennial energy conservation
plans to the State Department of Energy. The State Department of Energy shall
specify the form and content of the energy conservation plans.
(4) 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]
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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