Chapter 182 — State Administrative Agencies

2023 EDITION

STATE ADMINISTRATIVE AGENCIES

EXECUTIVE BRANCH; ORGANIZATION

STATE ADMINISTRATIVE AGENCIES GENERALLY

182.010 Nonattendance of member of board or commission at meetings as forfeiting office; appointment of successor

182.020 Notice of meetings of boards and commissions; reporting of absences

182.030 Employment of persons advocating violent overthrow of the Government of the United States or Oregon prohibited

182.035 Criminal records checks to be conducted through Department of State Police

182.040 Boards and commissions to pay counties for services; exceptions

182.050 Time and manner of payment to counties

182.060 County clerk to record instruments affecting realty for state boards and commissions

182.072 Payment for licenses issued by county or other public body on behalf of state agency

182.080 Effect of repeal or amendment of statute authorizing state agency to collect, receive and expend moneys

182.090 State agency to pay attorney fees and expenses when court finds for petitioner and that agency acted unreasonably

182.100 Affirmative action policy; implementation on appointments

182.105 Information concerning tax benefits of providing child care under employee benefit plan

182.109 Agency actions to carry out state policies for persons with disabilities

182.112 Title to property acquired by state agency in name of state

182.116 Identification of race or ethnicity on forms issued by public bodies

182.119 Mailing of agency notices to post office boxes

IMPACT OF STATE AGENCY ACTION ON FAMILIES

182.151 Assessment of impact of state agency action on families

182.152 No right or benefit created

RELATIONSHIP OF STATE AGENCIES WITH INDIAN TRIBES

182.162 Definitions for ORS 182.162 to 182.168

182.164 State agencies to develop and implement policy on relationship with tribes; cooperation with tribes

182.166 Training of state agency managers and employees who communicate with tribes; annual meetings of representatives of agencies and tribes; annual reports by state agencies

182.168 No right of action created by ORS 182.162 to 182.168

EMPLOYEE SUGGESTION PROGRAM

(Generally)

182.310 Definitions for ORS 182.310 to 182.360

182.320 Employee Suggestion Awards Commission; authority; rules

182.330 Commission determination final

182.360 Costs and payment of cash awards and administrative expenses

(Productivity Improvement Programs)

182.365 Legislative findings; definitions for ORS 182.365 to 182.400

182.375 State Productivity Improvement Revolving Fund; creation; sources; uses

182.380 Credit of certain savings to General Fund

182.385 Identification of reduced expenses resulting from improved efficiency

182.390 Plan for increased efficiency

182.395 Ineligibility of new programs for credits

182.400 Report on productivity improvement program

RULES GOVERNING AGENCY-PROVIDED HOUSING

182.415 Definitions for ORS 182.415 to 182.435

182.425 State agency required to collect rental for housing provided to employees; provision of furnishings prohibited; determination of fair rental value

182.435 Schedule of reduction from fair rental value

SEMI-INDEPENDENT STATE AGENCIES

(Listing of Semi-Independent State Agencies)

182.454 Semi-independent state agencies

(General Provisions Relating to Semi-Independent State Agencies)

182.456 Definitions for ORS 182.456 to 182.472

182.460 Statutory provisions applicable to semi-independent state agencies

182.462 Budgets for semi-independent state agencies; annual financial statements; disposition of civil penalties; rules

182.464 Financial review by Secretary of State

182.466 Powers of semi-independent state agencies; fees; rules

182.468 Administrators

182.470 Accounts for and investment of moneys collected or received by semi-independent state agencies

182.472 Reports

OMBUDSMAN SERVICES

182.500 Mandatory report to Governor by person performing ombudsman services; cooperation with ombudsman

EVIDENCE-BASED PROGRAMS

182.515 Definitions for ORS 182.515 and 182.525

182.525 Mandatory expenditures for evidence-based programs; biennial report; rules

ENVIRONMENTAL JUSTICE COUNCIL

182.535 Definitions for ORS 182.535 to 182.557

182.538 Environmental Justice Council

182.542 Duties of council

182.543 Reports by council

182.545 Duties of natural resource agencies

182.550 Reports by natural resource agencies

182.555 Environmental justice mapping tool

182.557 Use of environmental justice mapping tool by natural resource agencies

Note See State agencies under QUICK SEARCH at the beginning of ORS volume 20 (Index) for a list of state agencies and officers and the laws by which they were established.

STATE ADMINISTRATIVE AGENCIES GENERALLY

182.010 Nonattendance of member of board or commission at meetings as forfeiting office; appointment of successor. Any member of a state board or commission appointed by the Governor who fails to attend two consecutive meetings of the board or commission, whether regular, adjourned or special, shall forfeit office unless the member is prevented from attending by the serious illness of a member or the family of the member or for any other cause that in the judgment of the Governor constitutes a valid reason for failing to attend. The Governor shall immediately appoint a successor.

182.020 Notice of meetings of boards and commissions; reporting of absences. The secretary or clerk of every state board and commission shall:

(1) Give the members of the board or commission at least 10 days’ notice, in writing, of the date and place of each regular, adjourned or special meeting.

(2) Report to the Governor the names of all members who fail to attend any meeting of the board or commission.

182.030 Employment of persons advocating violent overthrow of the Government of the United States or Oregon prohibited. (1) No state department, board or commission shall knowingly employ any person who either directly or indirectly carries on, advocates, teaches, justifies, aids or abets a program of sabotage, force and violence, sedition or treason against the Government of the United States or of the State of Oregon.

(2) Any person employed by any state department, board or commission shall immediately be discharged from employment when it becomes known to the appointing employer that such person has, during the period of employment, committed any offense set forth in subsection (1) of this section.

(3) Any person denied employment or discharged pursuant to this section shall have a right of appeal in accordance with the provisions of the State Personnel Relations Law.

182.035 Criminal records checks to be conducted through Department of State Police. (1) If an agency of state government, as defined in ORS 174.111, conducts a criminal records check of a person for the purposes of employment by the agency, the agency shall conduct the criminal records check through the Department of State Police.

(2) A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section. [2019 c.424 §1]

Note: 182.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

182.040 Boards and commissions to pay counties for services; exceptions. (1) All state boards and commissions that are supported by fees, fines, licenses or taxes or other forms of income not derived from a direct tax on tangible property shall pay the various counties of the State of Oregon the same fees required of others for services rendered.

(2) ORS 182.040 to 182.060 do not apply to:

(a) Except for those fees required in ORS 205.320, services rendered for the Bureau of Labor and Industries on wage claims assigned to it for collection.

(b) Any of the provisions or requirements of ORS 21.170, 52.410 to 52.440, 156.160, 205.360 and 205.370. [Amended by 1965 c.619 §35; 1967 c.398 §8; 1973 c.381 §7; 1981 s.s. c.3 §97; 1985 c.496 §25; 1999 c.803 §3; 2011 c.595 §135]

182.050 Time and manner of payment to counties. No state board or commission affected by the provisions of ORS 182.040 and 182.060 shall be required at the time of ordering the performance of any services for which a fee or charge may be collected by the county to pay the collectible fee or charge in advance or at the time the services are rendered. The county clerk or other officer performing the service, upon request made by the board or commission, shall charge to the board or commission the amount of the fee or charge, and thereafter on the first days of January, April, July and October of each calendar year supply to the board or commission an itemized statement of all services performed upon order of the board or commission for the three months preceding, together with the legal charge collectible therefor. The board or commission, upon receipt of the statement, promptly shall pay the amount due the county.

182.060 County clerk to record instruments affecting realty for state boards and commissions. When requested by a state board or commission, the county clerk shall record in the office of the clerk any instrument affecting real property and shall return to the board or commission a receipt for the instrument showing the legal charge for the recording of the instrument. [Amended by 1999 c.654 §12]

182.065 [1977 c.739 §1; 1979 c.593 §5; renumbered 183.025]

182.070 [1953 c.527 §2; 1961 c.167 §21; 1979 c.215 §1; repealed by 1995 c.69 §12]

182.072 Payment for licenses issued by county or other public body on behalf of state agency. If an agency of the executive department, as defined in ORS 174.112, enters into a contract with a county or other public body, as defined in ORS 174.109, for the purpose of issuing licenses on behalf of the agency, the agency, by rule, shall provide that payment for the licenses be made directly to the agency if:

(1) The agency has implemented a functioning licensing software system that is approved by the Oregon Department of Administrative Services; and

(2) The agency pays to the county or other public body the same amounts under the contract that the county or other public body would have received if the county or other public body had collected the license fees. [2007 c.768 §61]

Note: 182.072 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

182.080 Effect of repeal or amendment of statute authorizing state agency to collect, receive and expend moneys. (1) The repeal of a statute or the deletion by amendment of a part thereof that granted or conferred power to any state officer, board, commission, corporation, institution, department, agency or other state organization to collect, receive and expend moneys for or on behalf of the state or for any purpose authorized by law does not affect or impair any act done, or right accruing, accrued or acquired, or liability, or obligation to pay the state a license or other fee, or payment exacted or required by law to be made or authorized by the repealed or amended statute and the rules, regulations and orders, if any, promulgated thereunder and in effect at the time of the repeal or amendment, unless otherwise specifically provided by law. In the event of such repeal or amendment of a statute, the Secretary of State may determine, collect and disburse any moneys due the state, or payable by or through the state, representing such license or other fee, or payment exacted or required by law in accordance with the provisions of such repealed or amended statute and such rules, regulations and orders promulgated thereunder, and as otherwise provided by law, in order to secure the full force, effect and operation of such statute up to the time of its repeal or amendment, but not thereafter.

(2) Upon repeal or amendment of a statute as described in subsection (1) of this section, so much as may be necessary, and no more, of the balance in the General Fund appropriated for the use, operation and function of the state officer, board, commission, corporation, institution, department, agency or other state organization is transferred to the Secretary of State for the payment of all expenses incurred by the Secretary of State in winding up and concluding administration of the repealed or amended statute, as authorized in subsection (1) of this section. If the balance of the unexpended appropriation is insufficient to cover the costs and expenses of the Secretary of State in administering and concluding the operation of the repealed or amended statute, the secretary may request transfer or appropriation of any funds, accounts and receipts belonging to the state in the custody or control of such state officer, board, commission, corporation, institution, department, agency or other state organization, to cover in full the costs of winding up and concluding the administration of the statute. [1955 c.73 §1; 2005 c.755 §3]

182.090 State agency to pay attorney fees and expenses when court finds for petitioner and that agency acted unreasonably. (1) In any civil judicial proceeding involving as adverse parties a state agency, as defined in ORS 291.002, and a petitioner, the court shall award the petitioner reasonable attorney fees and reasonable expenses if the court finds in favor of the petitioner and also finds that the state agency acted without a reasonable basis in fact or in law.

(2) Amounts allowed under this section for reasonable attorney fees and expenses shall be paid from funds available to the state agency. The court may withhold all or part of the attorney fees from any award to a petitioner if the court finds that the state agency has proved that its action was substantially justified or that special circumstances exist which make the award of all or a portion of the attorney fees unjust.

(3) As used in this section, “civil judicial proceeding” means any proceeding, other than a criminal proceeding as defined in ORS 131.005 (7), conducted before a court of this state. [1981 c.871 §2; 1983 c.763 §61]

182.100 Affirmative action policy; implementation on appointments. (1) It is declared to be the policy of Oregon that this state shall be a leader in affirmative action. All appointive authorities for state boards, commissions and advisory bodies shall implement this policy of affirmative action in their appointments, subject to the legal requirements for each appointment.

(2) The Director of Affirmative Action shall assist all persons who have appointing authority at the state level for boards, commissions or advisory bodies in carrying out the state policy stated in subsection (1) of this section and ORS 236.115.

(3) As used in this section, “affirmative action” means a method of eliminating the effects of past and present discrimination, intended or unintended, on the basis of race, religion, national origin, age, sex, marital status or physical or mental disabilities, that are evident or indicated by analysis of present appointment patterns, practices and policies. [1981 c.255 §1; 1989 c.224 §10; 1997 c.539 §2]

182.105 Information concerning tax benefits of providing child care under employee benefit plan. Any state agency may provide information to employers concerning the tax benefits of providing child care, as defined in ORS 329A.250, under an employee benefit plan. [1985 c.753 §5; 1995 c.278 §28]

182.109 Agency actions to carry out state policies for persons with disabilities. In carrying out the policies stated in ORS 410.710, state agencies shall:

(1) Review their rules and policies and may revise them as necessary to reflect a positive approach to persons with disabilities.

(2) Encourage and promote education of state employees, state officials and the public in general about the worth and capacity of persons with disabilities.

(3) In all state correspondence and publications, avoid the use of stereotypes and negative labels such as “victim,” “afflicted,” “crippled” and “handicapped” except as such terms are required by statute or federal law and regulation.

(4) Use the preferred and more positive term “person with a disability” instead of “disabled person,” “handicapped” or other negative words except as such terms are required by statute or federal law and regulation.

(5) In implementing subsections (1) to (4) of this section, develop and seek input regarding terminology and portrayal of persons with disabilities from persons who have disabilities and their advocates.

(6) Foster corrective measures and avoid stereotypes and negative labeling in texts used by schools, newspapers, magazines, radio and television by encouraging review and analysis of these media by publishers, company owners or appropriate agencies.

(7) Use the term “person with a disability” to the extent consistent with state and federal law in rules adopted on or after January 1, 2006. [1989 c.224 §2; 2005 c.411 §2; 2007 c.70 §48]

182.110 [1959 c.501 §1; repealed by 1959 c.501 §10]

182.112 Title to property acquired by state agency in name of state. A state agency, as defined in ORS 279A.250, authorized by law to acquire real or personal property or any interest therein shall take title to the property or the interest therein in the name of the State of Oregon. [2003 c.794 §192]

Note: 182.112 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

182.115 [1973 c.457 §1; 1975 c.731 §1; 1977 c.42 §1; 1983 c.150 §2; 1987 c.879 §5; renumbered 171.852 in 1987]

182.116 Identification of race or ethnicity on forms issued by public bodies. A form or document issued by a public body, as defined in ORS 174.109, that asks a person to identify the person’s race or ethnicity must allow the person to select multiple races or ethnicities. [2019 c.352 §1]

Note: 182.116 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

182.119 Mailing of agency notices to post office boxes. (1) Notwithstanding any other provision of law, whenever an agency of state government, as defined in ORS 174.111, is required by statute to mail to an individual a notice containing information specifically pertinent to the individual, and the agency has on file a post office box address for the individual, the agency shall mail the notice to the post office box address if that address is the individual’s last known address on file with the agency or the address to which the individual has requested in writing that notices be sent.

(2) A notice mailed to a post office box address under this section that meets any other requirements for service by mail is complete and adequate service by mail.

(3) An agency’s failure to comply with the requirements of this section does not invalidate a notice mailed to an address other than a post office box address if the notice was received by the individual.

(4) If an agency of state government has multiple divisions that keep addresses on file, subsection (1) of this section applies separately to each division of the agency that keeps addresses on file. [2021 c.143 §1]

Note: 182.119 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

182.120 [1959 c.501 §2; repealed by 1959 c.501 §10]

182.121 [1975 c.731 §2; renumbered 171.855 in 1987]

182.122 [2005 c.739 §1; 2011 c.637 §62; 2015 c.767 §51; 2015 c.807 §12; renumbered 276A.300 in 2017]

182.124 [2005 c.739 §2; 2015 c.807 §13; renumbered 276A.303 in 2017]

182.125 [1973 c.457 §4; repealed by 1975 c.731 §3]

182.126 [2009 c.829 §1; 2015 c.807 §13a; 2017 c.444 §1; renumbered 276A.270 in 2017]

182.128 [2009 c.829 §2; 2015 c.807 §14; 2017 c.444 §2; renumbered 276A.273 in 2017]

182.130 [1959 c.501 §3; repealed by 1959 c.501 §10]

182.132 [2009 c.829 §3; 2011 c.545 §30; 2015 c.807 §15; 2017 c.444 §3; renumbered 276A.276 in 2017]

182.135 [1973 c.457 §3; repealed by 1975 c.731 §3]

182.140 [1959 c.501 §4; repealed by 1959 c.501 §10]

182.145 [1973 c.457 §5; repealed by 1975 c.731 §3]

182.150 [1959 c.501 §5; repealed by 1959 c.501 §10]

IMPACT OF STATE AGENCY ACTION ON FAMILIES

182.151 Assessment of impact of state agency action on families. In formulating and implementing policies and rules that may have significant impact on family formation, maintenance and general well-being, all state agencies in Oregon shall, to the extent permitted by law, assess such measures in light of the following considerations:

(1) If the action by the government strengthens or erodes the stability of the family and, particularly, the marital commitment;

(2) If the action strengthens or erodes the authority and rights of the parents in the education, nurture and supervision of their children;

(3) If the action helps the family perform its functions, or if the action substitutes governmental activity for the function;

(4) If the action by the government increases or decreases family earnings and if the proposed benefits of the action justify the impact on the family budget;

(5) If the activity can be carried out by a lower level of government or by the family itself;

(6) The message, intended or otherwise, the program sends to the public concerning the status of the family; and

(7) The message the action sends to young people concerning the relationship between their behavior, their personal responsibility and the norms of our society. [1999 c.523 §1]

Note: 182.151 and 182.152 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

182.152 No right or benefit created. ORS 182.151 is intended to improve the internal management of state agencies in Oregon and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the State of Oregon, its agencies, its officers or any person. [1999 c.523 §2]

Note: See note under 182.151.

182.160 [1959 c.501 §6; repealed by 1959 c.501 §10]

RELATIONSHIP OF STATE AGENCIES WITH INDIAN TRIBES

182.162 Definitions for ORS 182.162 to 182.168. As used in ORS 182.162 to 182.168:

(1) “State agency” has the meaning given that term in ORS 358.635.

(2) “Tribe” means a federally recognized Indian tribe in Oregon. [2001 c.177 §1]

Note: 182.162 to 182.168 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

182.164 State agencies to develop and implement policy on relationship with tribes; cooperation with tribes. (1) A state agency shall develop and implement a policy that:

(a) Identifies individuals in the state agency who are responsible for developing and implementing programs of the state agency that affect tribes.

(b) Establishes a process to identify the programs of the state agency that affect tribes.

(d) Promotes positive government-to-government relations between the state and tribes.

(e) Establishes a method for notifying employees of the state agency of the provisions of ORS 182.162 to 182.168 and the policy the state agency adopts under this section.

(2) In the process of identifying and developing the programs of the state agency that affect tribes, a state agency shall include representatives designated by the tribes.

(3) A state agency shall make a reasonable effort to cooperate with tribes in the development and implementation of programs of the state agency that affect tribes, including the use of agreements authorized by ORS 190.110. [2001 c.177 §2]

Note: See note under 182.162.

182.166 Training of state agency managers and employees who communicate with tribes; annual meetings of representatives of agencies and tribes; annual reports by state agencies. (1) At least once a year, the Oregon Department of Administrative Services, in consultation with the Commission on Indian Services, shall provide training to state agency managers and employees who have regular communication with tribes on the legal status of tribes, the legal rights of members of tribes and issues of concern to tribes.

(2) Once a year, the Governor shall convene a meeting at which representatives of state agencies and tribes may work together to achieve mutual goals.

(3) No later than December 15 of every year, a state agency shall submit a report to the Governor and to the Commission on Indian Services on the activities of the state agency under ORS 182.162 to 182.168. The report shall include:

(a) The policy the state agency adopted under ORS 182.164.

(b) The names of the individuals in the state agency who are responsible for developing and implementing programs of the state agency that affect tribes.

(d) The efforts of the state agency to promote communication between the state agency and tribes and government-to-government relations between the state and tribes.

(e) A description of the training required by subsection (1) of this section.

(f) The method the state agency established for notifying employees of the state agency of the provisions of ORS 182.162 to 182.168 and the policy the state agency adopts under ORS 182.164. [2001 c.177 §3]

Note: See note under 182.162.

182.168 No right of action created by ORS 182.162 to 182.168. Nothing in ORS 182.162 to 182.168 creates a right of action against a state agency or a right of review of an action of a state agency. [2001 c.177 §4]

Note: See note under 182.162.

182.170 [1959 c.501 §7; repealed by 1959 c.501 §10]

182.180 [1959 c.501 §8; repealed by 1959 c.501 §10]

182.190 [1959 c.501 §9; repealed by 1959 c.501 §10]

182.200 [1959 c.501 §10; repealed by 1959 c.501 §10]

EMPLOYEE SUGGESTION PROGRAM

(Generally)

182.310 Definitions for ORS 182.310 to 182.360. As used in ORS 182.310 to 182.360:

(1) “Commission” means the Employee Suggestion Awards Commission.

(2) “Employee suggestion program” means the program developed by the commission under ORS 182.320 (3).

(3) “Secretary” means the secretary of the employee suggestion program. [1959 c.616 §1; 1989 c.815 §2; 1993 c.724 §25]

182.320 Employee Suggestion Awards Commission; authority; rules. (1) There is established the Employee Suggestion Awards Commission consisting of seven members appointed by the Governor. At least two members shall be public employees, as defined by ORS 243.650. The term of office is three years, beginning July 1. Members may be reappointed. Members serve at the pleasure of the Governor.

(2) The members of the commission shall elect annually one member as chairperson. The Director of the Oregon Department of Administrative Services shall appoint a state officer or employee to serve as secretary of the employee suggestion program. The commission members shall serve without compensation.

(3) The commission shall formulate, establish and maintain an employee suggestion program to encourage and reward meritorious suggestions by state employees that will promote effectiveness, efficiency and economy in the performance of any function of state government.

(4) The secretary, with the approval of the commission, shall adopt rules necessary or appropriate for the proper administration of ORS 182.310 to 182.360. [1957 c.616 §2; 1965 c.9 §1; 1989 c.815 §3; 1993 c.724 §26; 1995 c.286 §17; 2001 c.30 §1]

182.330 Commission determination final. The Employee Suggestion Awards Commission shall make the final determination as to whether an employee suggestion award will be made. Subject to the rules adopted pursuant to ORS 182.320, the commission shall determine the nature and extent of the award. [1957 c.616 §3; 1993 c.724 §27]

182.340 [1957 c.616 §5; repealed by 1965 c.9 §2]

182.350 [1957 c.616 §4; 1961 c.197 §3; repealed by 1967 c.73 §5]

182.360 Costs and payment of cash awards and administrative expenses. (1) The costs arising out of the employee suggestion awards under ORS 182.310 to 182.360 shall be paid in the following manner:

(a) For awards to employees not eligible for cash awards, the cost shall be added to and collected with the expenses and costs of operating the Personnel Division of the Oregon Department of Administrative Services collected under ORS 240.165.

(b) For any cash award for a suggestion having multiagency effect, as determined by the Employee Suggestion Awards Commission, and for which the commission cannot identify the cost savings realized or to be realized by the agencies as a result of implementation of the suggestion, the cost shall be added to and collected with the expenses and costs of operating the Personnel Division collected under ORS 240.165.

(c) If the commission is able to identify the agency or agencies that have realized or will realize cash savings as a result of implementation of a suggestion, the cost of any cash award shall be paid by the affected agency or agencies from savings realized or to be realized by implementation of the suggestion. For suggestions with multiagency effect, the commission shall determine the portion of the award total to be contributed by each agency.

(d) For administrative expenses of the Personnel Division incurred in administering ORS 182.310 to 182.400, the expenses shall be added to and collected with the expenses and costs of operating the Personnel Division collected under ORS 240.165.

(2) Vouchers for awards described in subsection (1)(a) and (b) of this section and administrative expenses described in subsection (1)(d) of this section shall be prepared by the Administrator of the Personnel Division payable from the Oregon Department of Administrative Services Operating Fund. Vouchers for awards described in subsection (1)(c) of this section shall be drawn by the appropriate agency. All vouchers shall be drawn upon certification of the chairperson or secretary of the commission of the amount or cost of the award and the person to whom the award has been made or the amount of the administrative expenses. [1957 c.616 §6; 1981 c.233 §1; 1993 c.724 §28; 1995 c.79 §58; 2005 c.22 §127]

(Productivity Improvement Programs)

182.365 Legislative findings; definitions for ORS 182.365 to 182.400. (1) The Legislative Assembly finds that it is in the public interest to encourage and reward government efficiency and that the present state budgeting system has developed inadequate mechanisms to reward efficiency in government agencies and programs. The Legislative Assembly further finds that it is in the public interest to establish a program to reward efficiency and effectiveness in government agencies and programs.

(2) As used in ORS 182.365 to 182.400:

(a) “Agency or unit” means any department, division, agency or section or unit of any department, division or agency or unit, that has an identifiable budget which may be separated from other budgets and for which credit can be given.

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

182.370 [1989 c.815 §4; repealed by 1993 c.724 §36]

182.375 State Productivity Improvement Revolving Fund; creation; sources; uses. (1) There is created in the State Treasury, separate and distinct from the General Fund, an Oregon State Productivity Improvement Revolving Fund. All moneys in the fund are appropriated continuously to the Oregon Department of Administrative Services for making loans, grants, matching funds or cash awards available to state agencies or units for implementation of productivity improvement projects, including training and workforce development, upon authorization of the department, subject to ORS 243.650 to 243.809 when applicable. Interest on earnings of the fund shall be credited to the fund.

(2) The Oregon State Productivity Improvement Revolving Fund shall consist of:

(a) Moneys transferred from the Oregon Department of Administrative Services Operating Fund, as provided in ORS 240.170, in a sum not to exceed $500,000 to establish the fund.

(b) Savings realized from implementation of productivity improvement projects that may include existing and future projects authorized by the department.

(3) Fifty percent of the agency or unit budget savings resulting from improved efficiency shall be credited to the Oregon State Productivity Improvement Revolving Fund to be used for program improvement by the agency or unit. If not used in the biennium in which the savings occur, the amount of credit to an agency or unit may be treated as if it were continuously appropriated to the agency or unit and may be expended in the following biennium without resulting in any budget justification for the agency or unit. Expenditures from the fund are not subject to allotment or other budgetary procedures.

(4) None of the expenditures in a biennium by the agency or unit under this section shall be considered to be within any appropriation or expenditure limitation in the agency’s base budget for the biennium.

(5) A productivity improvement project may include training and employee development authorized by the department and intended to lead to improved productivity.

(6) The department may require a different repayment schedule for training and employee development than for other productivity improvement projects.

(7) Agencies and units shall report to the department quarterly on project implementation, savings realized to date, or projected, and repayment of moneys to the fund. [1989 c.815 §5; 1991 c.385 §89; 1993 c.724 §30; 1995 c.79 §59; 2003 c.55 §3; 2003 c.794 §203]

182.380 Credit of certain savings to General Fund. Fifty percent of the agency or unit budget savings resulting from improved efficiency and effectiveness shall be credited to the General Fund or, if the origin of the agency or unit’s funds is a dedicated fund or federal money, to the fund or account of the agency or unit, to be used for the purposes of the fund or account. [1989 c.815 §6; 1993 c.724 §31]

182.385 Identification of reduced expenses resulting from improved efficiency. In preparing its budget for the biennium following one in which the state agency or unit credits any amount to the Oregon State Productivity Improvement Revolving Fund, the agency or unit shall identify any reduction in agency or unit expenses resulting from improved efficiency. [1989 c.815 §7; 1993 c.724 §32]

182.390 Plan for increased efficiency. (1) In order to qualify for credits under ORS 182.375 and 182.380, the agency or unit must present to the Oregon Department of Administrative Services a plan for increased efficiency resulting in budget savings and comply with the review requirements developed by the department. The plan must be approved by the Director of the Oregon Department of Administrative Services. Loans, grants or matching funds authorized under ORS 182.375 shall not require any increased funding or increases in an expenditure limitation and shall not require legislative review.

(2) The plan required in subsection (1) of this section shall include long-range objectives of each program, indicating in each case where the agency or unit shall increase efficiency and cost savings without a reduction in public services. The plan shall include reasons for leaving current positions vacant, actual reductions in services and supplies, travel and capital outlay and shall include a system to evaluate the resulting accomplishments of each agency or unit. [1989 c.815 §8; 1993 c.724 §33]

182.395 Ineligibility of new programs for credits. Any new programs mandated by law, assigned to the agency or unit by the Oregon Department of Administrative Services, or budgeted as additions to the base budget or reduced level budget of the agency or unit shall not be eligible for credit savings under ORS 182.365 to 182.400. [1989 c.815 §9; 1993 c.724 §34; 1995 c.79 §60]

182.400 Report on productivity improvement program. Prior to January 1 of each odd-numbered year, the Oregon Department of Administrative Services shall report to the Legislative Assembly on activities of the productivity improvement program in the manner prescribed in ORS 192.245. [1989 c.815 §10; 1993 c.724 §35]

182.410 [Amended by 1955 c.707 §56; renumbered 184.410]

RULES GOVERNING AGENCY-PROVIDED HOUSING

182.415 Definitions for ORS 182.415 to 182.435. As used in ORS 182.415 to 182.435 unless the context requires otherwise:

(1) “Furnishings” includes furniture usually used in connection with occupancy of a household but does not include rugs, draperies, ranges, refrigerators, washers, dryers or any item of furnishings received by the state or one of its agencies as a gift, nor does it include any furniture purchased for the state-owned residence required in relation to the official duties of an institutional executive.

(2) “Housing” includes single and multiple family dwellings, apartments, and manufactured dwellings and manufactured dwelling pads, available on a monthly tenancy but does not include guard stations maintained by the State Forestry Department or dormitory facilities at any state institution or at any public university listed in ORS 352.002.

(3) “Dormitory” includes any facility that houses students and those facilities used primarily for sleeping purposes by the employees of the Department of Human Services or the Oregon Health Authority.

(4) “State agency” has the meaning given that term in ORS 291.002. [1971 c.575 §1; 1977 c.583 §3; 1993 c.276 §1; 2009 c.11 §17; 2009 c.595 §161; 2009 c.762 §45; 2011 c.637 §63; 2015 c.767 §52]

182.420 [Renumbered 184.420]

182.425 State agency required to collect rental for housing provided to employees; provision of furnishings prohibited; determination of fair rental value. (1) Every state agency that provides housing for its officers or employees shall collect a rental for such housing based on the fair rental value as determined by an appraiser registered under ORS 308.010 or licensed or certified under ORS 674.310, subject to any reductions therefrom authorized under ORS 182.435. Rentals collected under this section shall be credited to the agency’s account.

(2) No state agency shall provide furnishings as part of any housing provided by the agency.

(3) Determinations of fair rental value shall be reexamined periodically but not less frequently than once every five years and the rental shall be adjusted annually by the change in real estate values, for the affected community as determined by the state agency.

(4) Determination of the net rental of any employee-occupied state-owned housing unit under subsections (1), (2) and (3) of this section shall be considered a personnel action for purposes of ORS 240.086. [1971 c.575 §§2,4; 1977 c.583 §4; 1993 c.276 §2; 2017 c.44 §3]

182.430 [Renumbered 184.430]

182.435 Schedule of reduction from fair rental value. (1) Each agency providing housing for its officers or employees may adopt a schedule of reductions from the fair rental value taking into account all pertinent factors including but not limited to:

(a) Isolation, for which a reduction of up to 20 percent of the fair rental value may be allowed;

(b) Invasion of privacy, for which a reduction of up to 30 percent of the fair rental value may be allowed;

(c) The agency’s need in having its officers or employees occupying housing in a specific location, for which a reduction of up to 50 percent of fair rental value may be allowed; and

(d) Inequities between the fair rental value and the salary of the officer or employee, for which an amount may be allowed that when added to any other reductions corrects the inequity.

(2) Each agency providing housing shall prepare a report indicating the fair rental value of each housing unit, the date of the most recent appraisal and the amount of any reductions from fair rental value with the reasons for the reductions. This report shall be available for public inspection. [1971 c.575 §3; 1977 c.583 §5; 1993 c.276 §3]

182.440 [Renumbered 184.440]

182.450 [Renumbered 184.450]

182.451 [1999 c.1084 §1; 2001 c.409 §2; repealed by 2007 c.71 §58]

182.452 [1999 c.1084 §2; repealed by 1999 c.1084 §56 and 2003 c.206 §3]

SEMI-INDEPENDENT STATE AGENCIES

(Listing of Semi-Independent State Agencies)

182.454 Semi-independent state agencies. The following semi-independent state agencies are subject to ORS 182.456 to 182.472:

(1) The Appraiser Certification and Licensure Board.

(2) The State Board of Architect Examiners.

(3) The State Board of Examiners for Engineering and Land Surveying.

(4) The State Board of Geologist Examiners.

(5) The State Landscape Architect Board.

(6) The Oregon Board of Optometry.

(7) The Oregon Patient Safety Commission.

(8) The Oregon Wine Board.

(9) The State Board of Massage Therapists.

(10) The Oregon Board of Physical Therapy.

(11) The State Landscape Contractors Board.

(12) The Citizens’ Initiative Review Commission. [1999 c.1084 §3; 2003 c.686 §13; 2003 c.797 §27; 2005 c.109 §2; 2007 c.71 §59; 2013 c.722 §§11,19; 2014 c.72 §3; 2019 c.43 §1]

Note: 182.454 to 182.472 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(General Provisions Relating to Semi-Independent State Agencies)

182.456 Definitions for ORS 182.456 to 182.472. As used in ORS 182.456 to 182.472:

(1) “Board” means a semi-independent state agency listed in ORS 182.454.

(2) “License” includes licenses, registrations, certifications, permits or other forms of permission required by law to pursue an occupation or engage in a business regulated by a board. [1999 c.1084 §§4,55; 2003 c.686 §§14,15; 2007 c.71 §60]

Note: See note under 182.454.

182.460 Statutory provisions applicable to semi-independent state agencies. (1) Except as provided in subsections (2) and (3) of this section and as otherwise provided by law, the provisions of ORS 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to a board. A board is subject to all other statutes governing a state agency that do not conflict with ORS 182.456 to 182.472, including the tort liability provisions of ORS 30.260 to 30.300 and the provisions of ORS chapter 183, and a board’s employees are included within the Public Employees Retirement System.

(2) Notwithstanding subsection (1) of this section, the following provisions apply to a board:

(a) ORS 240.309 (1) to (6) and 240.321;

(b) ORS 279A.250 to 279A.290;

(d) ORS 293.240.

(3) Notwithstanding subsection (1) of this section, ORS chapter 240 applies to the Oregon Board of Optometry, the State Board of Massage Therapists and the Oregon Board of Physical Therapy.

(4) In carrying out the duties, functions and powers of a board, the board may contract with any state agency for the performance of duties, functions and powers as the board considers appropriate. A state agency may not charge a board an amount that exceeds the actual cost of those services. ORS 182.456 to 182.472 do not require an agency to provide services to a board other than pursuant to a voluntary interagency agreement or contract.

(5) A board shall adopt personnel policies and contracting and purchasing procedures. The Oregon Department of Administrative Services shall review those policies and procedures for compliance with applicable state and federal laws and collective bargaining contracts.

(6) Except as otherwise provided by law, directors and employees of a board are eligible to receive the same benefits as state employees and are entitled to retain their State of Oregon hire dates, transfer rights and job bidding rights, all without loss of seniority, and to the direct transfer of all accumulated state agency leaves. [1999 c.1084 §5; 2003 c.794 §204; 2007 c.71 §61; 2011 c.110 §1; 2012 c.107 §59; 2019 c.43 §2]

Note: See note under 182.454.

182.462 Budgets for semi-independent state agencies; annual financial statements; disposition of civil penalties; rules. (1)(a) A board shall adopt budgets on a biennial basis using classifications of expenditures and revenues required by ORS 291.206 (1), but the budget is not subject to review and approval by the Legislative Assembly or to future modification by the Emergency Board or the Legislative Assembly.

(b) The budget referred to in paragraph (a) of this subsection shall be adopted in accordance with applicable provisions of ORS chapter 183. Except as provided in this paragraph, a board shall adopt or modify a budget only after a public hearing thereon. A board must give notice of the hearing to all holders of licenses issued by the board.

(c) A board shall follow generally accepted accounting principles and keep financial and statistical information as necessary to completely and accurately disclose the financial condition and financial operations of the board as may be required by the Secretary of State.

(d) A board shall prepare an annual financial statement of board revenues and expenses and shall make the statement available for public review. The board shall provide a copy of the statement to the Oregon Department of Administrative Services not later than the 90th day after the end of the state fiscal year.

(e) A board may, by rule, elect to donate all or part of the revenue derived by the board from civil penalties to the General Fund of the State Treasury.

(2) In addition to the reports required by ORS 182.472, the Oregon Board of Optometry, the State Board of Massage Therapists and the Oregon Board of Physical Therapy shall, on or before February 1 of each odd-numbered year, present the budget adopted by the board under this section to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Legislative Fiscal Officer. [1999 c.1084 §6; 2011 c.110 §2; 2019 c.43 §3]

Note: See note under 182.454.

182.464 Financial review by Secretary of State. The Secretary of State shall enter into agreements with each of the boards to set appropriate financial review schedules for those boards. The financial review schedules shall be set to allow board compliance with ORS 182.472. In lieu of conducting a financial review, the Secretary of State may elect to contract for the financial review with, or accept a financial review conducted by, an independent certified public accountant. [1999 c.1084 §7; 2007 c.218 §1]

Note: See note under 182.454.

182.466 Powers of semi-independent state agencies; fees; rules. In addition to other powers granted by ORS 182.456 to 182.472 and by the statutes specifically applicable to a board, a board may:

(1) Sue and be sued in its own name.

(2) Notwithstanding ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C, enter into contracts and acquire, hold, own, encumber, issue, replace, deal in and with and dispose of real and personal property.

(3) Notwithstanding ORS 670.300, fix a per diem amount to be paid to board members for each day or portion thereof during which the member is actually engaged in the performance of official duties. Board members may also receive actual and necessary travel expenses or other expenses actually incurred in the performance of their duties. If an advisory council or peer review committee is established under the law that governs the board, the board may also fix and pay amounts and expenses for members thereof.

(4) Set the amount of any fee required by statute and establish by rule and collect other fees as determined by the board. Fees shall not exceed amounts necessary for the purpose of carrying out the functions of the board. Notwithstanding ORS 183.335 and except as provided in this subsection, a board shall hold a public hearing prior to adopting or modifying any fee without regard to the number of requests received to hold a hearing. A board shall give notice to all licensees of the board prior to holding a hearing on the adoption or modification of any fee. A board may adopt fees in conjunction with the budget adoption process described in ORS 182.462.

(5) Subject to any other statutory provisions, adopt procedures and requirements governing the manner of making application for issuance, renewal, suspension, revocation, restoration and related activities concerning licenses that are under the jurisdiction of a board. [1999 c.1084 §8; 2001 c.104 §62; 2003 c.794 §205]

Note: See note under 182.454.

182.468 Administrators. (1) Notwithstanding ORS 670.306, a board may select and appoint an administrator. The board shall fix the qualifications and compensation for the position.

(2) An administrator of a board shall not be a voting member of that board.

(3) Notwithstanding ORS 670.306, an administrator of a board may employ persons as the board determines to be necessary for carrying out the business and responsibilities of the board. [1999 c.1084 §9(1),(2),(3)]

Note: See note under 182.454.

182.470 Accounts for and investment of moneys collected or received by semi-independent state agencies. (1) Notwithstanding ORS 670.335, except where otherwise specifically provided by statute pursuant to ORS 182.462 (1)(e), all moneys collected or received by a board, placed to the credit of that board and remaining unexpended and unobligated on the date that the board is established as a semi-independent state agency, and all moneys collected or received by a board after the date that the board is established as a semi-independent state agency, must be deposited into an account established by that board in accordance with ORS 295.001 to 295.108. All moneys in the account are continuously appropriated to the board making the deposit for the purpose of carrying out the functions of the board.

(2) Subject to the approval of the chairperson, president or administrator, a board may invest moneys collected or received by the board. Investments made by a board are:

(a) Limited to investments described in ORS 294.035;

(b) Subject to the investment maturity date limitations described in ORS 294.135; and

(3) Interest earned from any accounts invested under subsection (2) of this section shall be made available to a board in a manner consistent with the board’s annual budget.

(4) Subject to the approval of the chairperson, president or administrator, all necessary board expenses shall be paid from the moneys collected or earned by a board. [1999 c.1084 §10; 2001 c.409 §3; 2003 c.405 §3; 2007 c.871 §25; 2011 c.110 §3; 2019 c.587 §34]

Note: See note under 182.454.

182.472 Reports. Not later than April 1 of each even-numbered year, each board subject to ORS 182.456 to 182.472 shall submit a report to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Legislative Fiscal Officer. The Legislative Fiscal Officer shall review the reports and shall prepare and submit a statement of findings and conclusions to the Joint Legislative Audit Committee and the Joint Committee on Ways and Means. The report must include the following:

(1) A copy of the most recent audit or financial review of the board.

(2) A copy of the actual budget for the prior biennium and a copy of the board’s adopted budget for the biennium in which the report is made. The budget documents must show:

(a) The beginning balance and ending balance for each of the two biennia;

(b) A description of material changes between the two biennia;

(d) A description of current fees and proposed changes to fees, along with information supporting the amounts of the current fees and any proposed changes to the fees.

(3) A description of all temporary and permanent rules adopted by the board during the prior biennium.

(4) A description of board actions promoting consumer protection that were taken during the prior biennium.

(5) If the board issues licenses, a description of the board’s licensing activities performed during the prior biennium that is adequate to allow evaluation of the board’s performance of its licensing responsibilities, including:

(a) The number of license applications;

(b) The number of licenses issued;

(d) The average time between application for and issuance of licenses;

(e) The number and types of complaints received about persons holding licenses;

(f) The number and types of investigations conducted;

(g) The number and types of resolutions of complaints;

(h) The number and type of sanctions imposed; and

(i) The number of days between beginning an investigation and reaching a resolution.

(6) A description of all other actions taken during the prior biennium in the performance of the board’s statutory responsibilities that is adequate to allow evaluation of the board’s performance. [1999 c.1084 §11; 2005 c.109 §1; 2007 c.218 §2; 2010 c.107 §2]

Note: See note under 182.454.

OMBUDSMAN SERVICES

182.500 Mandatory report to Governor by person performing ombudsman services; cooperation with ombudsman. (1) If an agency or officer of the executive department, as defined by ORS 174.112, designates a person to perform ombudsman services, the person shall report to the Governor in writing at least once each quarter. A report shall include a summary of the services that the person provided during the quarter and the person’s recommendations for improving ombudsman services and the services for which the person provides assistance.

(2) All public bodies, as defined by ORS 174.109, shall cooperate with an ombudsman established or specifically authorized by law, or designated by the Governor, and shall promptly provide all information requested by the ombudsman that is relevant to the duties of the ombudsman. Any person that contracts with a public body, as defined by ORS 174.109, shall cooperate with an ombudsman established or authorized by law or designated by the Governor to the extent the ombudsman is investigating matters related to the contract, and shall promptly provide all information requested by the ombudsman that is related to the contract and relevant to the duties of the ombudsman. An agency or officer of the executive department, as defined by ORS 174.112, shall consult with the Attorney General if there is any legal dispute relating to:

(a) Whether confidential or other restricted information may be provided under this subsection to an ombudsman; or

(b) Whether the ombudsman is seeking information that is relevant to the duties of the ombudsman. [2003 c.591 §17; 2007 c.893 §1]

Note: 182.500 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

182.510 [1953 c.588 §1; repealed by 1957 c.624 §14]

EVIDENCE-BASED PROGRAMS

182.515 Definitions for ORS 182.515 and 182.525. As used in this section and ORS 182.525:

(1) “Agency” means:

(a) The Department of Corrections;

(b) The Oregon Youth Authority;

(d) That part of the Oregon Health Authority that deals with mental health and addiction issues.

(2) “Cost-effective” means that benefits realized over a reasonable period of time are greater than costs, as determined utilizing a cost-benefit analytical tool identified by the Oregon Criminal Justice Commission.

(3) “Evidence-based program” means a program that:

(a) Incorporates significant and relevant practices based on scientifically based research; and

(b) Is cost-effective.

(4)(a) “Program” means a treatment or intervention program or service that is intended to:

(A) Reduce the propensity of a person to commit crimes;

(B) Improve the mental health of a person with the result of reducing the likelihood that the person will commit a crime or need emergency mental health services; or

(C) Reduce the propensity of a person who is less than 18 years of age to engage in antisocial behavior with the result of reducing the likelihood that the person will become a juvenile offender.

(b) “Program” does not include:

(A) An educational program or service that an agency is required to provide to meet educational requirements imposed by state law; or

(B) A program that provides basic medical services.

(5) “Scientifically based research” means research that obtains reliable and valid knowledge by:

(a) Employing systematic, empirical methods that draw on observation or experiment;

(b) Involving rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

(c) Relying on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations and across studies by the same or different investigators; and

(d) Utilizing randomized controlled trials when possible and appropriate. [2003 c.669 §3; 2005 c.503 §12; 2009 c.595 §162; 2012 c.37 §37; 2013 c.623 §10; 2013 c.649 §41]

Note: 182.515 and 182.525 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

182.520 [1953 c.588 §2; repealed by 1957 c.624 §14]

182.525 Mandatory expenditures for evidence-based programs; biennial report; rules. (1) An agency shall spend at least 75 percent of state moneys that the agency receives for programs on evidence-based programs.

(2) The agency shall submit a biennial report containing:

(a) An assessment of each program on which the agency expends funds, including but not limited to whether the program is an evidence-based program;

(b) The percentage of state moneys the agency receives for programs that is being expended on evidence-based programs;

(c) The percentage of federal and other moneys the agency receives for programs that is being expended on evidence-based programs; and

(d) A description of the efforts the agency is making to meet the requirement of subsection (1) of this section.

(3) The agency shall submit the report required by subsection (2) of this section no later than September 30 of each even-numbered year to the interim legislative committee dealing with judicial matters.

(4) If an agency, in any biennium, spends more than 25 percent of the state moneys that the agency receives for programs on programs that are not evidence based, the Legislative Assembly shall consider the agency’s failure to meet the requirement of subsection (1) of this section in making appropriations to the agency for the following biennium.

(5) An agency may adopt rules necessary to carry out the provisions of this section. [2003 c.669 §7; 2005 c.22 §128; 2005 c.503 §13; 2013 c.649 §44]

Note: See note under 182.515.

182.530 [1953 c.588 §3; repealed by 1957 c.624 §14]

ENVIRONMENTAL JUSTICE COUNCIL

182.535 Definitions for ORS 182.535 to 182.557. As used in ORS 182.535 to 182.557:

(1) “Community-supported natural resource collaborative” means a group that works with a natural resource agency in a collaborative manner on natural resource issues affecting the community and that:

(a) Promotes public participation in natural resource decisions;

(b) Provides an open forum that allows for public deliberation of natural resource decisions affecting the community;

(c) Can demonstrate diverse representation and balance between interests, including but not limited to environmental organizations, industry organizations and community members;

(d) Has members who are individuals or organizations directly affected by the natural resource decisions discussed;

(e) Has a governance agreement that guides its operations; and

(f) Works in cooperation with local and tribal governments.

(2) “Environmental burden” means the environmental and health risks to communities caused by the combined historic, current and projected future effects of:

(a) Exposure to conventional pollution and toxic hazards in the air or in or on water or land;

(b) Adverse environmental conditions caused or made worse by other contamination or pollution; and

(c) Changes in the environment resulting from climate change, such as water insecurity, drought, flooding, wildfire, smoke and other air pollution, extreme heat, loss of traditional cultural resources or foods, ocean acidification, sea-level rise and increases in infectious disease.

(3) “Environmental justice” means the equal protection from environmental and health risks, fair treatment and meaningful involvement in decision making of all people regardless of race, color, national origin, immigration status, income or other identities with respect to the development, implementation and enforcement of environmental laws, regulations and policies that affect the environment in which people live, work, learn and practice spirituality and culture.

(4) “Environmental justice community” includes communities of color, communities experiencing lower incomes, communities experiencing health inequities, tribal communities, rural communities, remote communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including seniors, youth and persons with disabilities.

(5) “Equity analysis” means an analysis used to determine or evaluate environmental justice considerations.

(6) “Fair treatment” means that no one group of people, including racial, ethnic or socioeconomic groups, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal and commercial operations or the execution of federal, state, local and tribal environmental programs and policies.

(7) “Meaningful involvement” means:

(a) Members of vulnerable populations have appropriate opportunities to participate in decisions about a proposed activity that will affect their environment or health;

(b) Public involvement can influence a decision maker’s decision;

(d) Decision makers seek out and facilitate the involvement of members of vulnerable populations.

(8) “Natural resource agency” means the Department of Environmental Quality, the State Department of Agriculture, the Water Resources Department, the State Department of Fish and Wildlife, the State Parks and Recreation Department, the State Department of Energy, the Oregon Watershed Enhancement Board, the State Forestry Department, the Department of State Lands, the State Department of Geology and Mineral Industries, the Department of Land Conservation and Development, the State Marine Board, the Public Utility Commission, the Department of Transportation, the Department of the State Fire Marshal and the Oregon Health Authority.

(9) “Remote community” means a community with low population density and high geographic remoteness. [2007 c.909 §1; 2009 c.595 §163; 2021 c.539 §108; 2022 c.58 §§10,11]

Note: 182.535 to 182.557 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

182.538 Environmental Justice Council. (1) The Environmental Justice Council is established within the office of the Governor. The council consists of 13 members appointed by the Governor. The members must be persons who, to the greatest extent practicable, represent minority communities, low-income communities, environmental interests, industry groups and geographically diverse areas of this state. The members shall be appointed as follows:

(a) Eight members shall be persons who have expertise and knowledge in environmental justice, as well as expertise in at least one of the following areas:

(A) Climate change, climate resilience or climate justice;

(B) Environmental laws, regulations and standards;

(D) Land use planning and development;

(E) Sustainability;

(F) Community organizing;

(G) Civil rights and disability rights;

(H) Environmental health;

(I) Energy;

(J) Agricultural operations and food systems;

(K) Water planning and management; or

(L) Forest management.

(b) Of the members appointed under paragraph (a) of this subsection, at least one shall represent remote communities, at least one shall represent rural communities and at least one shall represent coastal communities. The Governor may solicit nominations for members described in this paragraph from community-supported natural resource collaboratives.

(d) One member shall be appointed from among persons nominated by the Commission on Black Affairs.

(e) One member shall be appointed from among persons nominated by the Commission on Hispanic Affairs.

(f) One member shall be appointed from among persons nominated by the Commission on Indian Services.

(g) One member shall be appointed as a youth representative, who must be at least 16 but no more than 24 years of age when appointed.

(2) The council shall submit an annual report to the Governor and the interim committees of the Legislative Assembly related to the environment, in the manner provided under ORS 192.245, setting forth its view of the progress of natural resource agencies toward achieving the goals established pursuant to ORS 182.542 and identifying any other environmental issues that the council determines need attention.

(3) The term of office of each member is four years, except that the term of office of the member appointed as youth representative is two years. A member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 of the following year. A member may be reappointed. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) A member of the council is entitled to compensation and expenses in the manner and amounts provided for in ORS 292.495. Claims for compensation and expenses incurred in performing functions of the council shall be paid out of funds appropriated to the Governor for that purpose.

(5) The council shall elect one of its members as a chairperson and another as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the council determines.

(6) A majority of the members of the council constitutes a quorum for the transaction of business.

(7) The council shall meet at least once every three months at times and places specified by the chairperson. The council also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the council.

(8) The office of the Governor may enter into an interagency agreement under ORS 190.110 with the Department of Environmental Quality for purposes of providing clerical and administrative staff support to the council and for sharing in the administrative or other expenses of the council.

(9) Natural resource agencies and other state agencies as requested by the council are directed to assist the council in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the council consider necessary to perform their duties. [2007 c.909 §2; 2011 c.273 §5; 2022 c.58 §2]

Note: Section 19, chapter 58, Oregon Laws 2022, provides:

Sec. 19. Notwithstanding the amendments to ORS 182.538 by section 2 of this 2022 Act, members appointed to the Environmental Justice Task Force before the operative date specified in section 22 of this 2022 Act [August 1, 2022] shall continue to serve the remainder of their terms as members of the Environmental Justice Council unless replaced by the Governor in accordance with ORS 182.538 (3). [2022 c.58 §19]

Note: See note under 182.535.

182.540 [1953 c.588 §4; 1955 c.152 §1; repealed by 1957 c.624 §14]

182.542 Duties of council. (1) The Environmental Justice Council shall:

(a) Advise and provide a biannual report to the Governor on environmental justice issues;

(b) Advise natural resource agencies on environmental justice issues, including community concerns and public participation processes;

(d) Meet with environmental justice communities and make recommendations to the Governor regarding concerns raised by these communities;

(e) Define environmental justice issues in the state; and

(f) Upon the request of a natural resource agency, provide consultation and review of a natural resource agency’s proposed administrative rules under ORS 183.333 (1).

(2) The council may form work groups or consult with stakeholders as necessary to carry out the duties of the council. [2007 c.909 §3; 2022 c.58 §3]

Note: See note under 182.535.

182.543 Reports by council. (1) The Environmental Justice Council, in consultation with natural resource agencies, shall identify in a report to the Governor and, in the manner required in ORS 192.245, the Legislative Assembly:

(a) Guidance for state agencies regarding how to use the environmental justice mapping tool developed under ORS 182.555 when adopting rules, policies or guidelines. The guidance must be flexible to accommodate differences in agency directives.

(b) Best practices for increasing public participation and engagement in policy decisions by providing meaningful involvement.

(d) Recommendations for establishing measurable goals for reducing environmental disparities across Oregon and ways in which state agencies may focus their work toward meeting those goals.

(e) Guidelines for identifying environmental justice communities, including guidelines for further defining environmental justice communities developed from the inclusive community engagement process described in ORS 182.555.

(f) Guidelines for evaluating socioeconomic benefits and burdens to environmental justice communities.

(2) The report prepared under this section may include:

(a) Recommendations for approaches to integrate an analysis of the distribution of environmental burdens and benefits across population groups into evaluations performed under state environmental laws;

(b) Equity analysis methods that may include a process for describing potential risks to, benefits to and opportunities for investments and mitigation;

(c) Best practices for cataloging and collecting data on programs within natural resource agencies related to health and environmental factors; and

(d) Recommendations for criteria for identifying and addressing gaps in current research and data collection to inform state agency actions, to refine the environmental justice mapping tool and to identify factors that may impede the achievement of environmental justice.

(3) The council, in consultation with the natural resource agencies, shall review and update the report required under this section at least once every five years. [2022 c.58 §13]

Note: See note under 182.535.

182.545 Duties of natural resource agencies. In order to provide greater public participation and to ensure that all persons affected by decisions of the natural resource agencies have a voice in those decisions, each natural resource agency shall:

(1) In making a determination whether and how to act, consider the effects of the action on environmental justice issues.

(2) Hold hearings at times and in locations that are convenient for people in the communities that will be affected by the decisions stemming from the hearings.

(3) Engage in public outreach activities in the communities that will be affected by decisions of the agency.

(4) Create a public advocate position that is responsible for:

(a) Encouraging public participation;

(b) Ensuring that the agency considers environmental justice issues; and

(c) Informing the agency of the effect of its decisions on environmental justice communities. [2007 c.909 §4; 2022 c.58 §15]

Note: See note under 182.535.

182.550 Reports by natural resource agencies. All directors of natural resource agencies, and other agency directors as the Governor may designate, shall report annually to the Environmental Justice Council and to the Governor on the results of the agencies’ efforts to:

(1) Address environmental justice issues;

(2) Increase public participation of individuals and communities affected by agencies’ decisions;

(3) Determine the effect of the agencies’ decisions on environmental justice communities;

(4) Improve plans to further the progress of environmental justice in Oregon; and

(5) Utilize the environmental justice mapping tool developed under ORS 182.555. [2007 c.909 §5; 2022 c.58 §16]

Note: See note under 182.535.

182.555 Environmental justice mapping tool. (1) The Environmental Justice Council with staff support from the Department of Environmental Quality, in collaboration with the office of Enterprise Information Services, the Institute for Natural Resources, the Portland State University Population Research Center, and natural resource agencies with staff support from the department and the Oregon Health Authority, shall develop an environmental justice mapping tool.

(2) When developing the environmental justice mapping tool, the council shall develop and conduct an inclusive community engagement process to receive input from communities across this state and consult with natural resource agencies. The council shall hold at least six meetings in different regions of this state, including at least one meeting in a remote community, to:

(a) Present a work plan and proposals for the environmental justice mapping tool; and

(b) Receive input and feedback from communities throughout this state about:

(A) Environmental, health, socioeconomic and other factors that should be considered in the development of the mapping tool;

(B) How the mapping tool should be used to help distribute resources to communities that have experienced underinvestment;

(C) How socioeconomic benefits and burdens could be mapped and considered in addition to environmental, health and other data;

(D) Other uses for the mapping tool that can provide community benefits and diminish community burdens;

(E) Geospatial layers to further define environmental justice communities based on the prevalence of specific factors; and

(F) Community-generated data that may be included in the mapping tool.

(3) The mapping tool must:

(a) Be based on factors that are derived from direct input through the inclusive community engagement process described in subsection (2) of this section;

(b) Be sufficiently detailed to allow the assessment of environmental justice benefits and burdens;

(c) Include geospatial data layers that may be used to help better understand the nature of environmental justice communities;

(d) Include data from natural resource agencies or be compatible with other mapping tools developed by other state agencies; and

(e) Be accessible to the public.

(4) The office of Enterprise Information Services shall recommend data quality standards and methodologies for the development and maintenance of the mapping tool.

(5) The council shall enter into an agreement with the Institute for Natural Resources that provides that the institute will maintain the mapping tool and make the mapping tool publicly available in electronic form through the Oregon Explorer.

(6) The council shall review the mapping tool at least once every four years using the inclusive community engagement process described in subsection (2) of this section and update the mapping tool as necessary. [2022 c.58 §12]

Note: Section 18, chapter 58, Oregon Laws 2022, provides:

Sec. 18. (1) The Environmental Justice Council, the office of Enterprise Information Services, the Institute for Natural Resources, the Portland State University Population Research Center and natural resource agencies shall develop the environmental justice mapping tool under section 12 of this 2022 Act [182.555] no later than September 15, 2025.

(2) The Environmental Justice Council shall provide the initial report required under section 13 of this 2022 Act [182.543] to the Governor and the Legislative Assembly no later than September 15, 2025.

(3) The Environmental Justice Council shall provide a progress report to the Governor regarding the development of the environmental justice mapping tool and community input received under section 12 of this 2022 Act no later than September 15, 2024. [2022 c.58 §18]

Note: See note under 182.535.

182.557 Use of environmental justice mapping tool by natural resource agencies. (1) Subject to subsection (2) of this section, natural resource agencies may consider the results of the environmental justice mapping tool developed under ORS 182.555 when developing administrative rules or agency policies or programs. Natural resource agencies shall consider the recommendations in the report required by ORS 182.543 when utilizing the environmental justice mapping tool.

(2) A natural resource agency may use the environmental justice mapping tool to:

(a) Identify environmental justice communities affected by agency programs;

(b) Conduct outreach and engagement activities with environmental justice communities to inform the development, adoption, implementation or enforcement of environmental laws, administrative rules or agency policies;

(d) Prioritize agency funding to help address identified impacts on environmental justice communities.

(3)(a) The environmental justice mapping tool may inform agency policies and programs as they relate to community engagement and outreach, investments and funding and impacts to environmental justice communities, and may be a source of information to the public.

(b) The mapping tool is informational only and may not be used in agency decision-making on individual permits or applications unless otherwise required by federal or state law.

(c) Nothing in ORS 182.535 to 182.557 shall be construed to limit, affect or alter the authority of any state agency to act within the authority granted to the agency by any other provision of state or federal law. [2022 c.58 §14]

Note: See note under 182.535.

182.560 [2008 c.7 §5; repealed by 2017 c.532 §8]

182.562 [2008 c.7 §1; repealed by 2017 c.532 §8]

182.565 [2008 c.7 §2; repealed by 2017 c.532 §8]

182.568 [2008 c.7 §3; repealed by 2017 c.532 §8]

182.570 [2008 c.7 §4; repealed by 2017 c.532 §8]

182.605 [1977 c.842 §1; 1981 c.85 §10; 1981 c.438 §45; 1981 c.821 §1a; 1983 c.17 §28; 1987 c.414 §145; 1989 c.460 §2; 1989 c.721 §21; 1991 c.67 §43; 1993 c.45 §287; repealed by 1993 c.458 §1]

182.608 [Derived from 1983 c.17 §1; 1991 c.67 §44; repealed by 1993 c.458 §1]

182.609 [Derived from 1983 c.151 §24; 1987 c.31 §12; 1993 c.267 §18; repealed by 1993 c.458 §1]

182.610 [Derived from 1983 c.655 §11; repealed by 1989 c.586 §7]

182.615 [1977 c.842 §47; repealed by 1993 c.458 §1]

182.625 [1977 c.842 §48; repealed by 1993 c.458 §1]

182.635 [1977 c.842 §49; repealed by 1993 c.458 §1]

182.815 [1982 s.s.1 c.3 §1; renumbered 284.895 in 1989]

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