USA Statutes : oregon
Title : TITLE 24 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter : Chapter 276 Public Facilities
As used in this chapter, unless the context
requires otherwise:

(1) “Department” means the Oregon Department of Administrative
Services.

(2) “Director” means the Director of the Oregon Department of
Administrative Services. [1969 c.706 §2; 1993 c.500 §14]STATE BUILDINGS AND GROUNDS(Generally) (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 and in the area
immediately in front of the State Capitol and for enforcing parking
regulations in the garage and areas described in this subsection.
However, the Oregon Department of Administrative Services shall be
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](1) There is created in the General Fund of the State
Treasury a State Capitol Operating Account. Moneys credited to the
account are appropriated continuously to the Legislative Administration
Committee to pay the expenses of operating, maintaining, protecting and
insuring the State Capitol and to reimburse the Oregon Department of
Administrative Services for a share of the expenses of ground
maintenance, utilities and other necessary expenses.

(2) There is established the Oregon State Capitol Foundation Fund
in the State Capitol Operating Account of the General Fund established
under subsection (1) of this section. All moneys received by the
Legislative Administration Committee allocated to the Oregon State
Capitol Foundation shall be credited to the Oregon State Capitol
Foundation Fund. All moneys 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 Oregon. [1977 c.116 §5; 1981 c.132 §3; 1997 c.817 §3; 2001 c.118
§3]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.(1) Notwithstanding any other provision of law, and
except for the State Capitol and the Supreme Court Building, the Oregon
Department of Administrative Services shall manage and control the
utilization of:

(a) Buildings and properties in the capitol area, including those
acquired under ORS 276.046;

(b) Office buildings as defined in ORS 276.110;

(c) Vacated state institution buildings and facilities as described
in ORS 276.180;

(d) The state office building and parking structure in Portland;

(e) The state office building and parking structure in Eugene;

(f) Properties being acquired through lease-purchase option or
installment purchase agreement under ORS 276.429; and

(g) Parking facilities as described in ORS 276.594.

(2) Except as otherwise provided in this section, the Oregon
Department of Administrative Services shall assign and reassign quarters
in buildings owned by this state and specified in this section, for such
periods and under such terms as the department considers appropriate.
[1967 c.419 §56; 1969 c.706 §8; 1973 c.772 §8; 1974 c.71 §3; 1977 c.116
§2; 1977 c.598 §1; 1981 c.491 §1; 1993 c.500 §15](1) The Oregon Department of Administrative Services
through funds appropriated therefor, from balances in the Capital
Projects Fund, or as otherwise provided by law, may enter into all
contracts or agreements deemed necessary to:

(a) Purchase, construct, improve, repair, equip and furnish office
buildings as defined in ORS 276.110;

(b) Purchase, construct, improve and repair utility and service
facilities;

(c) Execute such other buildings, grounds and public works projects
for state government as may be necessary to accomplish the purposes of
this chapter; and

(d) Acquire land by purchase, gift, exchange, lease, condemnation
or otherwise for the purposes of paragraphs (a), (b) and (c) of this
subsection and to improve sites therefor.

(2) There is established in the State Treasury a Capital Projects
Fund, separate and distinct from the General Fund. The moneys in the
Capital Projects Fund may be invested as provided in ORS 293.701 to
293.820. Interest earnings on the fund assets shall be credited to the
fund. All moneys credited to the fund by law are appropriated
continuously to the department for the purposes set out in subsection (1)
of this section.

(3) The Oregon Department of Administrative Services on behalf of
the State of Oregon may accept gifts, grants and donations from public
and private sources for the purposes set out in subsection (1) of this
section. Such gifts, grants and donations shall be deposited by the
department in appropriate separate trust accounts until such time as
required to meet the obligations for which the gift, grant or donation
was intended. When so required, the department shall deposit such amounts
in the Capital Projects Fund, subject to any limitations imposed by the
donor.

(4) Moneys loaned by an investing fund under ORS 276.013, 276.015
and 276.110 to 276.137 shall be deposited in the Capital Projects Fund
and are appropriated continuously for the purposes set out in subsection
(1) of this section. [1969 c.706 §§3,4,5; 1977 c.598 §2; 1981 c.106 §4;
1989 c.756 §14](1) Moneys credited to the Oregon Department
of Administrative Services Operating Fund by law are appropriated
continuously to the Oregon Department of Administrative Services and may
be used to:

(a) Repay investing funds for moneys loaned under ORS 276.013,
276.015 and 276.110 to 276.137, and the interest thereon; and

(b) Pay all the expenses associated with operating, maintaining,
repairing, equipping and furnishing the buildings and facilities
described in ORS 276.004.

(2) For any biennium any moneys collected by the department
pursuant to ORS 276.385 and 276.412 as rental payments for depreciation
reserves for space in buildings, parking facilities and mall houses
specified in ORS 276.004 and any net profit from mall houses shall be
transferred from the Oregon Department of Administrative Services
Operating Fund to the Capital Projects Fund for any of the purposes
enumerated in ORS 276.005 (1).

(3) Except as provided in subsection (2) of this section, and
except an amount as determined by the department for operating capital
for the management of such office space, for any biennium any moneys
collected by the department pursuant to ORS 276.385 and 276.412 as rental
payments for space in buildings specified in ORS 276.004 that exceed the
amounts required by law to be paid out of such moneys with respect to
that biennium, shall be used to adjust rental rates in the current or
subsequent biennia. [1969 c.706 §12; 1977 c.116 §3; 1977 c.598 §3; 1981
c.106 §2; 1983 c.599 §7; 1993 c.500 §16](1) The Oregon Department of Administrative
Services may enter into an agreement or agreements with financial
institutions to fund or otherwise acquire state office buildings and
parking facilities by installment purchase or lease purchase contracts as
provided in ORS 276.429. Any moneys so obtained shall be deposited in the
Capital Projects Fund. Such acquired facilities may be located in the
Capitol Mall area or in communities throughout the state.

(2) In addition to and not in lieu of any other moneys made
available by law, there is established as the maximum amount to be
expended for the purposes authorized in subsection (1) of this section
and ORS 276.005 (1) the following amounts for the following purposes: (a)  Eugene Regional Center

Construction............................................ $1

(b)  Medford Regional Center

Construction............................................ $1

(c)  Eugene State Police Facility

Construction............................................ $1

(d) Mall Office Building II..................... $1 (3) Subsection (2) of this section does not limit, affect or apply
to any expenditures by the department for interest payments while the
facilities are under construction, bond counsel and underwriter’s fees,
legal fees, escrow or trustee fees, lessor fees or repayment reserves as
may be required by the financial institutions. [1983 c.667 §2]Note: 276.009 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 276 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. 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 Salem
in and about the Capitol Mall.

(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] 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. 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.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. 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.(Capitol Area Planning)A special relationship exists between the City of Salem, Oregon’s
capitol, and state government. State lands and buildings and the
functions of state government have a significant impact on the City of
Salem. It is declared to be the purpose and policy of the State of Oregon
to establish and effectuate a long-range plan of development of the
capitol area in the City of Salem and the areas immediately surrounding
state buildings situated outside the capitol area within the boundaries
of the City of Salem and to coordinate the acquisition and disposition of
real property and the construction of buildings by the state, the laying
out of streets and the landscaping of grounds in the areas. The purpose
of the long-range plan is to enhance and preserve the beauty and dignity
of the areas and permanently to secure the areas from commercial and
industrial encroachment. [Amended by 1971 c.639 §1; 1987 c.253 §1; 1999
c.748 §1; 2005 c.217 §11]The Oregon Department of Administrative Services shall:

(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 Salem.

(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 Salem, including
the effect of development of one or more of the properties or of the city
on other properties or on the city.

(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 Salem, recommend to the governing body of Salem any legislation
necessary to effectuate the plan.

(5) Coordinate with the governing body and the planning commission
of the City of Salem and with the state on development plans by the state
for the capitol area. To carry out the coordination, the department shall
adopt rules establishing a public review process for plans and projects
in the areas described in ORS 276.028. The rules adopted under this
subsection shall address:

(a) Utilizing the Capital Projects Advisory Board established under
ORS 276.227 for project review;

(b) Including one member from the City of Salem’s community
development department and one member from the City of Salem’s public
works department as members of the board;

(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]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] (1) As the Oregon
Department of Administrative Services develops a master plan under ORS
276.033, the department shall inform the governing body and the planning
commission of the City of Salem of the plan.

(2) The department shall make all possible efforts to obtain the
cooperation of officers and commissions of the City of Salem for the
purpose of establishing the zoning of that part of the city contiguous to
the capitol area that will effectuate the purpose of the State of Oregon
to maintain its administrative buildings in a continuous and parklike
area. [2003 c.796 §25; 2005 c.217 §14](Lands and Facilities in Capitol Area)(1) The Oregon Department of Administrative Services may
obtain title in the name of the State of Oregon by purchase, agreement,
donation or exercise of the power of eminent domain, for development as a
part of the capitol area to all land lying within the Capitol Mall.

(2) From time to time, when offered at proper prices and from funds
available through appropriations for such purpose or through the
Emergency Board, the department may purchase or acquire by agreement or
donation, for development as a part of the capitol area, land lying
within the Capitol Mall.

(3) The department may improve and develop the land acquired in a
manner to accomplish the purpose and intent of ORS 276.028. [Amended by
1957 c.377 §1; 2005 c.217 §15]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]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)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.(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) 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.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.(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.(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)

(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. The Legislative Assembly
recognizes the responsibility of the state to promote more efficient use
of the state’s construction resources, to foster the preservation of
buildings of historical, architectural or cultural significance and to
enhance the social and economic environment within and surrounding state
buildings. State buildings are to reflect the highest standards of the
environmental design arts and are to contribute to the citizen’s image of
accessibility and responsiveness of government. [1977 c.599 §2]Note: See note under 276.093. 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.(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. 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.
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 (1)
The Executive Residence Account is established separate and distinct from
the General Fund. Interest earned on moneys in the account shall be
credited to the account. Moneys in the account are continuously
appropriated to the Oregon Department of Administrative Services for the
purpose of acquiring or constructing, remodeling, decorating,
landscaping, furnishing, equipping and maintaining a state executive
residence.

(2) The department, on behalf of the State of Oregon, may accept
gifts, grants or donations from public or private sources, including
gifts of real or personal property, for the purpose specified in
subsection (1) of this section. The department shall deposit moneys
received under this section in the account established in subsection (1)
of this section. [1967 c.615 §1; 1987 c.702 §1; 2003 c.796 §§11,12; 2005
c.217 §§18,19] To the degree practicable, the
Oregon Department of Administrative Services shall use or ensure the use
of Oregon products in constructing, remodeling, equipping, furnishing and
decorating the state executive residence. [1967 c.615 §3; 1987 c.702 §2;
2003 c.796 §§13,14; 2005 c.217 §§20,21]ACQUISITION OF STATE OFFICE BUILDINGS WITH STATE TRUST FUNDSThe Oregon Department of Administrative Services may:

(1) Use moneys in the Oregon Department of Administrative Services
Operating Fund to repay loans made from investing funds to acquire
buildings under ORS 276.013, 276.015 and 276.110 to 276.137 before July
1, 1969.

(2) Alter, repair and equip buildings acquired for office buildings
under ORS 276.013, 276.015 and 276.110 to 276.137 before July 1, 1969.
[1957 c.727 §2; 1967 c.419 §26; 1969 c.199 §25; 1969 c.706 §30]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]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]For any of the purposes of ORS 276.005 and
276.426, the Oregon Department of Administrative Services may:

(1) Accept financial assistance and grants, either in the form of
land, leasehold interests, money or labor, from the United States, State
of Oregon, or any of its agencies subject to the conditions imposed
thereon, regardless of any conflicting state law and may accept any grant
or donation of land, leasehold interest, money or other valuable property
made by others. Unless enjoined by the terms of the grant or donation,
the department may convert the same into money and all moneys so obtained
shall be credited to the State Capital Construction Account; and

(2) Enter into agreements and joint ventures with the United
States, other political subdivisions or other state agencies to
accomplish these purposes. [1957 c.727 §3; 1969 c.706 §33; 1977 c.598 §9] 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]
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] On repayment of all moneys loaned by
investing funds to acquire a building under ORS 276.013, 276.015 and
276.110 to 276.137, title to such building shall vest automatically in
the Oregon Department of Administrative Services in the name of the State
of Oregon. [1969 c.706 §32; 1975 c.104 §2; 1977 c.598 §11]TRANSFER OF VACANT FACILITIES TO

OREGON DEPARTMENT OF ADMINISTRATIVE SERVICESWhen 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 Oregon and the department shall operate and
maintain all facilities described in this section. [1973 c.772 §6; 1974
c.71 §1; 1975 c.104 §4; 1987 c.320 §152; 1993 c.500 §20; 2001 c.900 §50]SERVICES AND FACILITIES FOR STATE BUILDINGS(Heat, Light, Power, Sewage, Fire Protection and Communications) 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](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](1) The Oregon Department of Administrative Services may
acquire by purchase, condemnation or otherwise:

(a) The land, buildings and structures deemed necessary, suitable
or expedient for carrying out the provisions of ORS 276.212.

(b) The easements or rights of way, within or outside of any city
or town, necessary for the construction, operation, maintenance or repair
of underground conduits, pipes, transmission poles and wires.

(2) The Oregon Department of Administrative Services shall have the
power of eminent domain for the purpose of acquiring any property
necessary for carrying out the provisions of ORS 276.212. The action or
proceeding shall be brought in the name of the State of Oregon in the
circuit court of the proper county in this state. The procedure shall be
that provided by law for the condemnation of real property or other
property for the use of the public by the state or a subdivision of the
state. The Oregon Department of Administrative Services may take
immediate possession of the property, or the use of the property,
required by the state for the purposes of ORS 276.212 by depositing with
the clerk of the court the sum of money that the court, on five days’
notice to the adverse party, deems adequate to secure the owner of the
property sought to be taken. 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.(1) The Oregon Department of Administrative Services may acquire
by purchase, lease or otherwise, the machines, engines, boilers, pipes,
steam fittings, electrical equipment, appliances, transmission poles,
lines, wire and other equipment necessary in carrying out the provisions
of ORS 276.212, for cash, on contract, conditional bill of sale, lease
purchase or installment purchase. The department may contract to pay, as
rental or otherwise, on the amortization plan, the principal and interest
of the purchase price of such personal property.

(2) The rate of interest on the principal of the purchase cost and
the terms and conditions for repayment shall be as determined by the
department. The department may pledge, on behalf of the State of Oregon,
for the retirement of such indebtedness, such reasonable sums from
operating appropriations or service charges as is required for:

(a) The purchase or securing of steam heat, electrical current or
energy from private persons or corporations for light, heat and power for
any such public buildings.

(b) Transmitting and receiving messages by radio, telephone,
telegraph or other device or system in the transaction of any or all
business of the state or in which the state is interested.

(3) The department may make installment payments on such contracts
on such purchase price. Such obligations shall not be deemed a general
indebtedness of the state, but shall be payable out of appropriations
made or provided for the operation and maintenance of such public
buildings. In the case of telecommunications systems and all related
equipment, repayment may be from service charges paid by agencies for the
operation of the systems. [Amended by 1969 c.199 §33; 1983 c.424 §2] 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] 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.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]The Oregon Department of Administrative Services may:

(1) Accept on behalf of the State of Oregon from the United States
or any of its agencies such funds as may be made available to this state
for any of the purposes contemplated by ORS 276.210 to 276.228.

(2) Enter into such contracts and agreements with the United States
or any of its agencies as may be necessary, proper and convenient, not
contrary to the laws of this state.(1) The State of Oregon recognizes that providing and operating
state government facilities is a significant capital investment in public
infrastructure. Accordingly, it is the policy of the State of Oregon to
plan, finance, acquire, construct, manage and maintain state government
facilities in a manner that maximizes and protects this investment.

(2) The Oregon Department of Administrative Services shall
establish a statewide planning process that evaluates the needs of the
state’s facilities, provides comparative information on the condition of
the state’s facilities, establishes guidelines and standards for
acquiring, managing and maintaining state facilities and provides
financing and budgeting strategies to allocate resources to facilities’
needs.

(3)(a) The Director of the Oregon Department of Administrative
Services shall establish a public review process for the proposed capital
projects of all state agencies. To assist in this review, the director
shall establish a Capital Projects Advisory Board consisting of seven
members. Five members shall be public members knowledgeable about
construction, facilities management and maintenance issues. Two members
may be state employees. The director shall appoint the chairperson of the
board.

(b) The director, in consultation with the board, may request that
agencies submit updated long-range facility plans and funding strategies
that reflect changes in technology and priorities. The director may ask
the board to report on and make recommendations related to long-range
plans, the condition of facilities, maintenance schedules, funding
strategies and options for new facilities. The director may seek
recommendations from the board regarding the needs of existing
facilities, funding strategies and long-term facility goals.

(c) The review process may be applicable to capital projects
meeting the definition of major construction/acquisition in the
Governor’s budget and to significant leases.

(d) For each state agency proposing a capital project, the review
process may include an examination of the following:

(A) The effectiveness of asset protection, including maintenance,
repair and other activities;

(B) The effectiveness of space utilization, including an inventory
of existing occupied and unoccupied building space;

(C) The advisability of lease, purchase or other funding strategies;

(D) The condition of existing occupied and unoccupied building
space;

(E) Appropriate technology;

(F) The agency’s mission and long-range facilities plans; and

(G) For new facilities, expansions and additions, the ability of
the agency to maintain and operate all of the agency’s facilities in a
cost-effective manner.

(e) The review process shall ensure that capital project decisions
are approached in a cost-effective manner after considering all
reasonable alternatives.

(f) With assistance from the board, the department shall provide
recommendations and information to the Governor and the Legislative
Assembly on the construction, leasing and facilities management issues of
state government.

(4) The department shall establish and maintain a central database
of information on state-owned property of all state agencies, including
land, buildings, infrastructure, improvements and leases. This database
shall include an inventory of state-owned facilities as well as
descriptive and technical information.

(5) State agencies shall establish and implement long-range
maintenance and management plans for facilities for which this state is
responsible to ensure that facilities are maintained in good repair and
that the useful lives of facilities are maximized. For each new facility,
a maintenance and management plan appropriate to the use and useful life
of the facility shall be developed and implemented.

(6) The department may engage in cooperative projects with local
government.

(7) The provisions of this section shall not apply to institutions
of higher education as described in ORS 352.002, the Oregon Health and
Science University or a community college as defined in ORS 341.005.
[1993 c.724 §17; 1997 c.571 §1]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. 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.(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 Science University, or a community college as defined in ORS
341.005. [1997 c.571 §3](Water)(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]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.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.(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]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] 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)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](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.
The Oregon Department of Administrative Services may enter into an
agreement with the City of Salem for the furnishing of water and fire
protection services to all state buildings in the vicinity of Salem. The
rates and terms provided therein shall be equitable and shall not be
higher than existing costs of the same amount of water to the state. In
addition thereto, equitable payment, as agreed upon by the department may
be made for fire protection or increased fire protection to state
buildings outside the corporate limits of the City of Salem resulting
from the improved water supply. [Amended by 1969 c.199 §38] The
Oregon Department of Administrative Services may construct sewage systems
for departments located in and near the City of Salem, connect the state
sewers with the City of Salem sewer system and enter into a contract with
the City of Salem by which the state will contribute its relative
proportion of the cost of the sewage disposal plant to be constructed by
the City of Salem. The department may enter into a contract with the City
of Salem for the use of the sewage disposal plant and provide for the
payment to the City of Salem of a reasonable share of the cost of
operating the plant. [Amended by 1969 c.199 §39]
(1) It is the policy of this state to encourage public agencies to
participate in apprenticeship programs. Every public agency employing
five or more persons in the same apprenticeable occupation for the
improvement or maintenance, not including routine maintenance, of a
public facility shall be encouraged to register as a training agent with
the appropriate apprenticeship committees and shall be expected to employ
at least one apprentice for that apprenticeable occupation, subject to
the public agency’s available and legislatively approved budget
resources. The public agency shall be subject in its capacity as a
training agent to the rules and policies of the responsible
apprenticeship committees and the State Apprenticeship and Training
Council.

(2) For purposes of this section:

(a) “Apprenticeable occupation” has the meaning defined in ORS
660.010.

(b) “Employing five or more persons” means the employment of five
or more persons at any time during the current or immediately prior
fiscal year; provided, however, that a public agency may petition the
State Apprenticeship and Training Council for exemption from the
requirements of this section on the grounds that the public agency’s
circumstances have so changed since the immediately prior fiscal year as
to make application of this section contrary to the interests of current
or potential apprentices.

(c) “Improvement or maintenance, not including routine maintenance”
means construction, reconstruction and major renovation of or to and
painting of public facilities and includes the remodeling, alteration and
emergency repair of buildings, other structures, real property, highways
and roads. “Improvement or maintenance, not including routine
maintenance” does not include minor alteration, ordinary repair or
maintenance necessary in order to preserve a public facility.

(d) “Public agency” means the State of Oregon or any political
subdivision thereof or any county, city, district, authority, public
corporation or entity and any of their instrumentalities organized and
existing under law or charter.

(e) “Public facility” means the works, buildings and grounds owned,
leased or rented by a public agency and which are situated within the
State of Oregon, and shall include any such works, buildings or grounds
governed, managed or administered by the Oregon Department of
Administrative Services. [1991 c.897 §2](Financing Construction, Maintenance and Repair)

(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](1) It is the policy of the
State of Oregon, in keeping with the benchmark relating to public
infrastructure and development adopted by the Oregon Progress Board, to
facilitate and encourage state agencies that own real property and
operate facilities to manage and develop these properties in an effective
and businesslike manner. The maintenance, preservation and development of
state-owned real property and facilities, including, but not limited to,
educational institutions, hospitals, parks, roads, libraries and fish
hatcheries is essential to enable the State of Oregon to meet the needs
of its citizens now and in the future. The purpose of chapter 452, Oregon
Laws 1995, is to maintain and protect the investment of the State of
Oregon in its public infrastructure.

(2) Any state agency that owns and operates real property or
facilities is authorized to establish a separate dedicated account in the
State Treasury for the purpose of paying the expenses of constructing,
operating, maintaining, repairing, replacing, equipping, improving,
acquiring and disposing of such real property and facilities. All moneys
in an account established pursuant to this subsection are appropriated
continuously to the agency for the purposes described in this subsection.
All interest earned on moneys in the account shall be retained in and
credited to the account.

(3) Any state agency that owns or operates real property or
facilities may establish a rental program for the purpose of recovering
and paying for the costs, including debt service, of constructing,
operating, maintaining, repairing, replacing, equipping, improving and
disposing of real property and facilities consistent with the statutory
authority of the state agency. All revenues from such rental programs
shall be deposited in the account established pursuant to subsection (2)
of this section.

(4) Whenever a state agency that owns and operates real property
and facilities, and that has an established account under subsection (2)
of this section sells or leases real property, the proceeds from the sale
or lease shall be credited to the account established pursuant to
subsection (2) of this section, unless disposition of the proceeds is
otherwise provided by law.

(5) If a state agency that owns and operates real property and
facilities has other statutory authority to provide funding for real
property and facility operation and management, the agency may use that
authority in lieu of or in addition to the provisions of this section.

(6) When a state agency establishes an account pursuant to
subsection (2) of this section, the agency shall provide a report of the
revenues to and expenditures from the account as part of its budget
submission to the Governor and the Legislative Assembly under ORS chapter
291. The establishment by state agencies of rental rates for real
property or facilities pursuant to this section shall be on a biennial
basis as part of the budget development process, but modification of the
rates may be made during the interim between legislative sessions after a
report to the Emergency Board of the proposed rate modification. [1995
c.452 §10]Note: Legislative Counsel has substituted “chapter 452, Oregon Laws
1995,” for the words “this Act” in section 10, chapter 452, Oregon Laws
1995, compiled as 276.285. Specific ORS references have not been
substituted pursuant to 173.160. These sections may be determined by
referring to the 1995 Comparative Section Table located in Volume 20 of
ORS.ASSIGNMENT, LEASING AND RENTAL OF STATE BUILDINGS AND OTHER OFFICE
QUARTERS(1) Notwithstanding any other provision of law, the Oregon
Department of Administrative Services shall fix rentals for space in
buildings specified in ORS 276.004, and rentals or other charges for
parking facilities. The rentals shall be fixed on a basis as nearly
uniform as practicable to provide amounts:

(a) To pay the expenses of operating, maintaining and insuring and
paying depreciation on the buildings controlled and managed by the
department;

(b) To construct, improve, repair, equip and furnish additional
buildings, structures and other projects for state government, and to
purchase or improve sites therefor; and

(c) To provide amounts necessary to repay indebtedness, and the
interest thereon, incurred to construct, improve, repair, equip and
furnish buildings, structures and other projects for state government.

(2) The Oregon Department of Administrative Services shall
negotiate with the Department of Transportation and other state agencies
who own, operate or control state buildings to determine a fair rental
rate when such facilities are to be used by other than the owning agency.

(3) Except in the case of the State Transportation Building and
such other buildings owned or controlled by other state agencies, all
rentals under this section shall be credited to the Oregon Department of
Administrative Services Operating Fund. Rentals for the State
Transportation Building, and such other state-owned buildings, are
credited to the appropriate state fund for the purposes of that fund.
[1969 c.706 §10; 1977 c.116 §4; 1977 c.598 §12; 1993 c.500 §21; 2005
c.755 §9](1) Not later than June 30 of each even-numbered
year, the Oregon Department of Administrative Services shall submit to
the Emergency Board a schedule of rentals proposed for the biennium
beginning on July 1 of the next calendar year. Any changes in an existing
schedule of rentals, or rentals for new buildings or facilities, are
subject to approval by the Emergency Board. The Emergency Board shall
recommend to the next regular session of the Legislative Assembly that it
appropriate for each agency occupying space in such a building or
facility an amount sufficient to pay rentals required under the schedule
as approved by the Emergency Board.

(2) The Emergency Board shall adopt a schedule of rentals for each
biennium with respect to the State Capitol and the Supreme Court
Building. [1969 c.706 §11; 1977 c.598 §13] (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] (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](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] 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](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](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](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 under any provision of law other than ORS 283.085 to
283.092, 286.515 and 286.525.

(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](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]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](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]EMPLOYMENT DEPARTMENT OFFICE BUILDING (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]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]
Whenever space in the office building authorized by chapter 528, Oregon
Laws 1971, exceeds current requirements of the Employment Department, the
Oregon Department of Administrative Services may assign such space
pursuant to ORS 276.004 and 276.410. However, rental rates for space so
assigned shall be computed as provided in ORS 276.575 and shall be
subject to maintenance and necessary service charges. [1971 c.528 §10;
1977 c.598 §22]Note: Legislative Counsel has substituted “chapter 528, Oregon Laws
1971,” for the words “this Act” in section 10, chapter 528, Oregon Laws
1971, compiled as 276.585. Specific ORS references have not been
substituted pursuant to 173.160. These sections may be determined by
referring to the 1971 Comparative Section Table located in Volume 20 of
ORS.SUPREME COURT BUILDING(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]PARKING FACILITIES; CAR POOLS It shall be the state policy in regard to
state controlled grounds and facilities used for parking:

(1) That each state agency that owns or controls through direct
lease, lease purchase or installment purchase agreement grounds or
facilities used for parking shall regulate their use and impose on users,
whether or not state employees, equitable charges consistent with the
state policy for such parking.

(2) That use of alternative modes of transportation be encouraged.

(3) That traffic congestion and energy waste be minimized.

(4) That charges for use of grounds and facilities used for parking
be established in a manner which recognizes the agency’s cost to provide
such facilities, local market conditions for commercial or other paid
parking and community standards; and does not cause community hardship or
eliminate the demand for state provided parking. However, the charges
imposed shall not produce revenues in excess of amounts required to
operate, maintain and improve the grounds and facilities, to cover
required depreciation and debt service expenditures, to offset any
revenues lost through the provision of car or van pool incentive rates
under ORS 276.601, and to provide reasonable funds for alternative modes
of transportation and capital development. Pricing policy should also
discourage the use of single occupant vehicles and recognize the
desirability and degree of quality of the parking. [1981 c.591 §1; 1989
c.990 §1]
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] (1) Except for
parking facilities located in the garage of the State Capitol and in the
area immediately in front of the State Capitol, but south of Court
Street, the Oregon Department of Administrative Services shall also
manage and determine under what conditions the grounds and parking
structures owned, leased, or being acquired through lease purchase or
installment purchase agreement by any state agency, which are located in
the capitol area in the City of Salem, shall be used. Such grounds and
structures include those located either adjacent, 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 or facilities defined in ORS 276.004 and those grounds owned by
the state by and through its Oregon Department of Administrative Services
adjacent to the installations and facilities located in the area
described in ORS 276.028 except the State Capitol. However, the
department shall not exercise such authority over grounds or facilities
that are owned, directly leased, or being acquired through lease purchase
or installment purchase by another state agency which are outside of the
capitol area in the City of Salem.

(2) Based upon its findings, the department 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
department shall consider the state policy stated in ORS 276.591.

(3) The department 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 are appropriate.
However, in such leasing, priority shall first be given to the needs of
state officers and employees.

(4) 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 disabled employees 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.

(5) Receipts obtained under this section shall be retained by the
Oregon Department of Administrative Services, except that the net
receipts from any parking facilities which are located in the capitol
area in the City of Salem and which are owned, directly leased, or being
acquired through lease purchase or installment purchase agreement by any
agency other than the Oregon Department of Administrative Services may be
returned to the agency by the department. [1977 c.598 §25; 1981 c.591 §2;
1989 c.224 §38; 1991 c.67 §67; 2005 c.217 §22](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 disabled employees 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] (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]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 There is established a fund in the
State Treasury to be known as the State Building Fund which shall be used
for the construction, alteration and repair of buildings required for use
of institutions and activities under the jurisdiction of the Department
of Corrections, Department of Human Services or the State Board of
Education and the State Board of Higher Education and for the furnishing
and equipping of buildings so constructed, altered or repaired. [Amended
by 1969 c.597 §51; 1987 c.320 §153]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]OPTIONSThe Oregon Department of Administrative Services
may acquire options, enter into earnest money agreements and enter into
similar arrangements to obtain the right to acquire real property, any
improvements erected upon the property and any appurtenances connected
with the property. However, the department’s exercise of any rights under
such an option, agreement or arrangement, shall be made contingent upon
the department first obtaining the approval of the legislative review
agency established in ORS 291.371. Before removing the contingency, the
department shall first obtain the approval of the proposed purchase from
the legislative review agency established in ORS 291.371. [1985 c.276 §2]COMMUNITY HOUSES
Any incorporated city may purchase a necessary site within its boundaries
and erect and maintain thereon a community house for the benefit of the
soldiers, sailors and marines of the Army and Navy of the United States,
or persons who have been inducted into the service of such army or navy.
For that purpose the city may levy taxes or issue and sell bonds of such
city when empowered so to do by the electors of such city as provided in
ORS 276.734. Such city may, by ordinance, prescribe rules and regulations
and conditions upon which such community house may be used, occupied and
governed. 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.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.STATE AGENCY FACILITY ENERGY DESIGN 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. 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 Oregon.

(3) “Cost-effective” means that an energy resource, facility or
conservation measure during its life cycle results in delivered power
costs to the ultimate consumer no greater than the comparable incremental
cost of the least cost alternative new energy resource, facility or
conservation measure. Cost comparison shall include, but need not be
limited to:

(a) Cost escalations and future availability of fuels;

(b) Waste disposal and decommissioning costs;

(c) Transmission and distribution costs;

(d) Geographic, climatic and other differences in the state; and

(e) Environmental impact.

(4) “Energy conservation measure” means a measure primarily
designed to reduce the use of 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 year’s operating period;

(c) The evaluation of energy consumption of component equipment in
each system considering the operation of such components at other than
full or rated outputs; and

(d) The consideration of alternative energy systems.

(6) “Energy 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 facility’s
energy systems, provided that the affected energy systems account for 50
percent or more of the facility’s total energy use. [1979 c.734 §2; 1987
c.320 §155; 1989 c.556 §2; 2001 c.683 §2]Note: See note under 276.900. (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(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]