Chapter 182 — Chapter 182
105 sections in this chapter.
ORS 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
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(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) “D…
ORS 182.370 [1989 c.815 §4; repealed by 1993 c.724 §36]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 leav…
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 182.410 [Amended by 1955 c.707 §56; renumbered 184.410]
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RULES GOVERNING AGENCY-PROVIDED HOUSING
ORS 182.415 Definitions for ORS 182.415 to 182.435. As used in ORS 182.415 to 182.435 unless the context requires otherwise
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(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 fu…
ORS 182.420 [Renumbered 184.420]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 182.430 [Renumbered 184.430]
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[Repealed or reserved.]
ORS 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
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(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 housin…
ORS 182.440 [Renumbered 184.440]
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[Repealed or reserved.]
ORS 182.450 [Renumbered 184.450]
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[Repealed or reserved.]
ORS 182.451 [1999 c.1084 §1; 2001 c.409 §2; repealed by 2007 c.71 §58]
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[Repealed or reserved.]
ORS 182.452 [1999 c.1084 §2; repealed by 1999 c.1084 §56 and 2003 c.206 §3]
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SEMI-INDEPENDENT STATE AGENCIES (Listing of Semi-Independent State Agencies)
ORS 182.454 Semi-independent state agencies. The following semi-independent state agencies are subject to ORS 182.456 to 182.472
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(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 Optom…
ORS 182.456 Definitions for ORS 182.456 to 182.472. As used in ORS 182.456 to 182.472
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(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;…
ORS 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
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(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; (c) ORS 282.210 to 282.230; and (d) ORS 293.240. (3) Notwithstanding subsection (1) of this section, ORS chapter 24…
ORS 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
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(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 …
ORS 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]
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Note: See note under 182.454.
ORS 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
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(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…
ORS 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
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(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),…
ORS 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
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(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 …
ORS 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
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(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…
ORS 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
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(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.…
ORS 182.510 [1953 c.588 §1; repealed by 1957 c.624 §14]
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EVIDENCE-BASED PROGRAMS
ORS 182.515 Definitions for ORS 182.515 and 182.525. As used in this section and ORS 182.525
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(1) “Agency” means: (a) The Department of Corrections; (b) The Oregon Youth Authority; (c) The Youth Development Division; and (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…
ORS 182.520 [1953 c.588 §2; repealed by 1957 c.624 §14]
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[Repealed or reserved.]
ORS 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
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(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 i…
ORS 182.530 [1953 c.588 §3; repealed by 1957 c.624 §14]
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ENVIRONMENTAL JUSTICE COUNCIL
ORS 182.535 Definitions for ORS 182.535 to 182.557. As used in ORS 182.535 to 182.557
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(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…
ORS 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
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(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; (C) Natural res…
ORS 182.540 [1953 c.588 §4; 1955 c.152 §1; repealed by 1957 c.624 §14]
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[Repealed or reserved.]
ORS 182.542 Duties of council. (1) The Environmental Justice Council shall
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(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; (c) Identify, in cooperation with natural resource agen…
ORS 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
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(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 pu…
ORS 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
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(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 hearing…
ORS 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
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(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 envir…
ORS 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
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(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…
ORS 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
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(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, …
ORS 182.560 [2008 c.7 §5; repealed by 2017 c.532 §8]
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[Repealed or reserved.]
ORS 182.562 [2008 c.7 §1; repealed by 2017 c.532 §8]
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[Repealed or reserved.]
ORS 182.565 [2008 c.7 §2; repealed by 2017 c.532 §8]
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[Repealed or reserved.]
ORS 182.568 [2008 c.7 §3; repealed by 2017 c.532 §8]
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[Repealed or reserved.]
ORS 182.570 [2008 c.7 §4; repealed by 2017 c.532 §8]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 182.608 [Derived from 1983 c.17 §1; 1991 c.67 §44; repealed by 1993 c.458 §1]
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[Repealed or reserved.]
ORS 182.609 [Derived from 1983 c.151 §24; 1987 c.31 §12; 1993 c.267 §18; repealed by 1993 c.458 §1]
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[Repealed or reserved.]