justicedao/ipfs_state_laws huggingface dataset:
125-120-0130 Determining a Lease Search Area Agencies will determine the geographical boundaries for a lease search area based upon its business need and state siting mandates. Division will assist the agency in further narrowing siting criteria in any geographic area by considering: (1) The requesting agency's special needs; (2) The state's policy of promoting economy, efficiency and convenience to the public by centralizing and consolidating state office quarters within a community whenever feasible; (3) The availability and cost of necessary services including state services such as telephone, data, communication and mail services; (4) Proper zoning and compatibility with local government comprehensive land use plans; and (5) Applicable directives of the State of Oregon such as the Governor's Executive Order 94-07, or of the local government pertaining to locating state office facilities. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.426 & 276.428 History: DAS 1-2015, f. 4-2-15, cert. ef. 4-5-15 DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0140 Leasing Directly (1) Before leasing or renting office quarters smaller than 10,000 usable square feet, Facilities Division may refer to and, when feasible, select for direct negotiations, leasable properties on file at Facilities Division which have been submitted by property owners and real estate professionals interested in developing and leasing office quarters for occupancy by the state. Alternatively, Facilities Division may advertise publicly or conduct a search for a leasable facility, and negotiate directly with the owner or owner’s representative for the lease. (2) To solicit offers of leasable properties, Facilities Division may publish its leasing requirements, or inform those on the Division’s trade list of property owners, developers and real estate professionals who have expressed interest in developing and leasing office quarters to the state. (3) A property owner, developer or real estate professional may be added to Facilities Division’s trade list by contacting Facilities Division. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.428 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0150 Giving Notice of Intent to Lease (1) When the geographic search area for siting office quarters for a significant lease has been established or when leasable properties have been identified, Division shall contact the community or communities which Division determines are likely to be affected by the requesting agency's proposed location. Agency and Division may also opt to give said notice to any lease siting situation at its discretion. Division will issue public notice at the agency’s request for any leasing action to: (a) The mayor and/or city manager; (b) The chair of the county commissioners; (c) The chair of the planning commission; (d) The local state representative; (e) The local state senator; (f) Affected local business associations, as identified and determined by Division; and (g) Affected local neighborhood associations, as identified and determined by Division. (2) A reasonable response period for notified parties will be specified in the notification letter. (3) The Division and the requesting agency shall attempt to address the concerns of notified parties. The Division may hold a public meeting when it is considered necessary to address such concerns. For any controversial cases, the Administrator shall make the final determination as to whether or not to proceed with the proposed geographic siting location. (4) The notification requirement under subsection (1) above is waived in the following cases: (a) Emergency need; (b) Lease renewals with no significant change in the use or amount of space; (c) Interagency rental agreements for established state facilities housing agencies with similar state functions; (d) Leases with other political subdivisions; or (e) Storage space or other non-office space. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.428 History: DAS 1-2015, f. 4-2-15, cert. ef. 4-5-15 DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-120-0170 Tenant Improvements (1) All build-to-suit leases or major remodeling of leased facilities shall comply with Facilities Division’s “Leased Facilities Construction Standards,” and with all applicable law and rules, including those requirements for making leased state office quarters accessible to and usable by disabled persons, to the extent required by law. (2) Before having any tenant improvement work performed on leased premises, the tenant Agency shall consult with the Facilities Division for appropriate procedures. Statutory/Other Authority: ORS 184.340 Statutes/Other Implemented: ORS 276.428 History: DASII 5-1997, f. 5-27-97, cert. ef. 6-1-97 GS 26-1990, f. & cert. ef. 11-29-90 GS 13-1990(Temp), f. 5-30-90, cert. ef. 6-1-90
125-125-0050 Purpose, Application, and Authority These rules are adopted under ORS 276.056 and 276.227. They set forth the Statewide Facility Planning Process for state agencies and the duties of the Capital Planning Commission and Capital Projects Advisory Board, which assist the Department with the process. State agencies subject to these rules are required to provide information about their facilities and projects to the Department. Statutory/Other Authority: ORS 276.227 & 276.056 Statutes/Other Implemented: ORS 276.227 & 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 DAS 4-2008, f. & cert. ef. 6-17-08 DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08 DAS 3-2006, f. & cert. ef. 3-15-06 DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04 DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04
125-125-0150 Statewide Facility Planning Process (1) The Statewide Facilities Planning Process provides a means of evaluating if state facilities are planned, financed, acquired, constructed, managed, and maintained in a manner that maximizes and protects this investment. (2) The Statewide Facilities Planning Process applies to any State Agency that owns a Major Facility or meets the guidelines described in OAR 125-125-0150(5). The process does not apply to Oregon institutions of higher education (as defined in ORS 352.002 and ORS 341.005(4)(a)), Oregon Health Sciences University, SAIF Corporation, Lottery, Secretary of State, Treasurer's Office, or to the Legislative or Judicial branches. (3) The Department shall implement and maintain a Statewide Facilities Planning Process. This process shall coordinate state facilities' data, standards, maintenance planning, leasing planning, and capital project planning. The Department shall use the Board to assist in the review of Agency Facility Plans and other associated documents and to advise the Director. (4) The Statewide Facilities Program shall develop the Statewide Facilities Planning Process Manual. The Statewide Facilities Planning Process Manual shall provide definitions, examples, and detailed descriptions of required reports to aid agencies in supplying information to the Statewide Facilities Program and the Board. The Statewide Facilities Planning Process Manual shall be reviewed and updated biennially by the Board before the budget process begins, or as needed. (5) Following the guidelines contained in the Statewide Facilities Planning Process Manual, agencies shall submit an Agency Facility Plan to the Department if it meets one or more of the following criteria: (a) The agency owns buildings or plans to build or buy a building of 10,000 or more square feet; (b) The agency proposes to enter into a lease of 10,000 or more square feet of conditioned space for a period of ten years or more; (c) The agency plans to seek a Legislative or Emergency Board approval for a Major Construction or Acquisition Project; or (d) The agency plans to seek planning funds for a Major Construction or Acquisition Project. (6) To best coordinate and distribute the facilities data, the Statewide Facilities Program shall maintain a State Facility Inventory. The State Facility Inventory shall be a database of State Agency Facilities covered under this rule. The State Facility Inventory shall include basic information on State Agency Facilities, as defined in the Statewide Facility Planning Process Manual. The data shall be used in preparing Agency Facility Plans. Statutory/Other Authority: ORS 276.227 Statutes/Other Implemented: ORS 276.227 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 DAS 4-2008, f. & cert. ef. 6-17-08 DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08 DAS 3-2006, f. & cert. ef. 3-15-06 DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04 DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04
125-125-0200 Capital Projects Advisory Board (1) The Board shall assist the Department in the review of Agency Facility Plans. It shall be comprised of seven members of the public knowledgeable about construction, facilities management, and maintenance issues. Two members may be state employees. The Director shall appoint the chairperson of the Board. (2) The term of each member of the Board is determined by the Director. (3) The Board shall meet regularly at times deemed necessary by the Department. In addition, the Director may call the Board to meet for the purpose of considering agency reports. (4) The Board members shall serve without compensation from the Department for travel or per diem. (5) The Board is advisory to the Director of the Department and is not a governing body or a public body under ORS 192.610. Meetings of the Board shall be treated as public meetings and shall generally follow the notification and other procedures described in the Attorney General's Public Records and Meetings Manual. The Department shall send notice of upcoming meetings to an established and iterative mailing list of interested parties, using electronic methods, where practical. The Department shall also provide information regarding meetings on the Department's website. (6) The Board shall provide a place on the agenda for public comment. Public comment should be limited to the review process criteria listed in ORS 276.227(3)(d). The Board will accept public comment only on the review items listed on the meeting agenda. The Board shall acknowledge any public comment and include it in the formal review record. (7) The Board will not make a recommendation on a plan or other document reviewed without a majority of its members present. If a duly scheduled and noticed meeting does not have a majority of the members present, those present will be a subcommittee of the Board. The subcommittee will report to the next scheduled Board meeting when a majority is present, and formal action may be taken at that time. Statutory/Other Authority: ORS 276.227 Statutes/Other Implemented: ORS 276.227 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 DAS 3-2006, f. & cert. ef. 3-15-06 DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04 DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04
125-125-0250 Procedure for Submitting Agency Facility Plans for Review (1) Each state agency shall report to the Board by July 31 of even-numbered years an Agency Facility Plan. The Agency Facility Plan shall include a Space Needs Plan (including the Biennial Leasing Plan), a Construction or Lease Project Plans, and a Building Maintenance Plan, if applicable. (2) The Board shall review the information submitted and presented under section (1) of this rule and make recommendations to the Director by the date specified in the Statewide Facilities Planning Process Manual, or as requested by the Director. (3) The Department shall request updated plans from agencies biennially and establish a submittal schedule in the Statewide Facility Planning Process Manual. This schedule shall include the Agency Facility Plan due dates and presentation date for each agency to appear before the Board. (4) The Agency shall provide one electronic copy to the Department no later than the due date stated for the agency in the Statewide Facility Planning Process Manual reporting schedule. (5) If an Agency has project(s) that require review under ORS 276.059 then a supplemental listing and description of those projects should be prepared and submitted with the other required materials as outlined in the Statewide Facility Planning Process Manual. (6) The Department will provide a substantive analysis of the plans, including review for completeness and responsiveness to issues and provide the information to the Board. The Department may return a list of questions to the agency or recommended changes. Statutory/Other Authority: ORS 276.227 Statutes/Other Implemented: ORS 276.227 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 DAS 4-2008, f. & cert. ef. 6-17-08 DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08 DAS 3-2006, f. & cert. ef. 3-15-06 DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04 DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04
125-125-0300 Procedure for Board Review (1) Following review of the information by the Department, the agency shall present its plans before the Board, for the purpose of determining if the projects are compatible with the criteria established in the State Facilities Planning Process Manual. The Board may pose further questions to the agency or determine if additional action is required and postpone acceptance or comment on the plans. (2) The Board may elect to review Major Construction or Acquisition, or Leasing Projects, as necessary, or as requested by the Department or Director. (3) In order to grant acceptance or favorable comment on the plans, the Board must find the project is compatible with the criteria listed in the State Facilities Planning Process Manual. (4) No agency subject to this rule shall seek Legislative or Emergency Board approval of projects meeting the criteria of 125-125-0150 without first having obtained review of the project by the Board. (5) The Board shall accept the report after consideration of agency submissions, testimony, and public testimony, if any. The Board’s comments shall be kept in the formal meeting minutes and provided to the Director and Department’s Chief Financial Office. Statutory/Other Authority: ORS 276.227 Statutes/Other Implemented: ORS 276.227 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 DAS 4-2008, f. & cert. ef. 6-17-08 DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08 DAS 3-2006, f. & cert. ef. 3-15-06 DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04 DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04
125-125-0310 Capitol Planning Commission (1) The Capitol Planning Commission shall consist of nine members, as follows: (a) Four members shall be appointed by the Governor; (b) One member shall be the Mayor of the City of Salem or the designee of the mayor; (c) One member shall be the chairperson of the Salem Planning Commission or a member of the planning commission who is designated by the chairperson; (d) One member shall be the Director of the Oregon Department of Administrative Services or the designee of the director; (e) One member, who shall be an advisory member without vote, shall be the President of the Senate or a person serving in the Senate who is designated by the President; and (f) One member, who shall be an advisory member without vote, shall be the Speaker of the House of Representatives or a person serving in the House of Representatives who is designated by the Speaker. (2) Of the four members of the Commission appointed by the Governor under subsection (1) of this section: (a) At least two members must be residents of Marion County or Polk County. Of the members who are residents of Marion County or Polk County, at least one member must be a resident of the City of Salem. (b) Only one member may be employed by a public body as defined in ORS 174.109. (3) The term of office of the four members of the Commission appointed by the Governor is four years, but each such member shall serve at the pleasure of the Governor. (4) A vacancy in the office of any of the four members of the Commission appointed by the Governor shall be filled by the Governor by appointment for the unexpired term. (5) The Commission shall elect a chairperson and a vice chairperson, who shall serve as officers for a term of two years and may be reelected. (6) Members of the Capitol Planning Commission who are not members of the Legislative Assembly are entitled to compensation and expenses as provided in ORS 292.495. Members of the Commission who are members of the Legislative Assembly shall be paid compensation and expense reimbursement as provided in ORS 171.072, payable from funds appropriated to the Legislative Assembly. (7) The Oregon Department of Administrative Services shall provide staffing and other resources required by the Commission to carry out the Commission’s duties. (8) The Commission shall adopt administrative rules necessary for the performance of the Commission’s duties. (9) The Capitol Planning Commission shall meet at the call of the chairperson or at such times that a majority of the commission members considers appropriate. The Governor may call the Commission to meet at any time requested by the Oregon Department of Administrative Services. Statutory/Other Authority: ORS 276.055 Statutes/Other Implemented: ORS 276.055 History: DAS 4-2023, adopt filed 09/26/2023, effective 10/01/2023
125-125-0360 Coordination with the Capital Projects Advisory Board (1) Projects submitted to the Capital Projects Advisory Board as part of an Agency Facility Plan under ORS 276.227(3)(b) that are within the area described by ORS 276.054 shall be reviewed by the Commission by July 31 of each even-even numbered year, as stipulated in OAR 125-125-0250(1). In accordance with ORS 276.059(2), projects that have been reviewed by the Capitol Planning Commission under this section need not be reviewed by the Capital Projects Advisory Board. (2) Joint review of specific projects may be requested at the discretion of both committee chairs. Statutory/Other Authority: ORS 276.055 & 276.227 Statutes/Other Implemented: ORS 276.056, 276.058, 276.059 & 276.227 History: DAS 4-2023, adopt filed 09/26/2023, effective 10/01/2023
125-125-0400 Area Plan Update Responsibilities (1) Each agency owning property in the area described in ORS 276.054 shall be responsible for maintaining an Area Plan for the property it owns. Newly acquired properties are subject to inclusion in an Area Plan, as determined by the Commission. In accordance with ORS 276.056, the Commission may request updates to Areas Plans described in OAR 125-125-0350(4). (2) The Department shall also develop and maintain a coordination plan that addresses the interrelationship among the different Area Plans and the state's presence in the City of Salem. The Commission may request reports and studies from the Department in accordance with ORS 276.058. The Commission may submit reports on Area Plan activity to the Legislative Assembly and City of Salem as described in ORS 276.061. (3) The Department shall develop a standard template for Area Plans. The Department shall also develop and maintain a coordination plan that addresses the interrelationship among the different Area Plans and the state's presence in the City of Salem. (4) The Department shall develop and maintain a review schedule for the Area Plans and a process for coordinating any required changes with the affected agencies and the City of Salem. If outside assistance is required to update the plan, it shall be at the expense of the property-owning agency or agencies. The Department may waive this requirement for good cause. (5) Major Area Plan updates shall be completed no later than six years from the date of adoption by the Commission, unless determined by the Commission or the Department. (6) Minor Area Plan updates or corrections shall be reviewed and approved as needed but may not substitute for a major plan update. (7) Property-owning agencies subject to Area Plan updates shall develop and submit a plan for engagement with affected neighborhood groups, government entities, tribal organizations, or other interested members of the public. At the time of Area Plan review, the Commission shall provide an opportunity for public comment on any proposed revisions to the Area Plan. Statutory/Other Authority: ORS 227.055 Statutes/Other Implemented: ORS 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 DAS 4-2008, f. & cert. ef. 6-17-08 DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08 DAS 3-2006, f. & cert. ef. 3-15-06 DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04 DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04
125-125-0500 Area Plan Review, Adoption, Amendment, and Repeal Process (1) The Commission will hold at least one public hearing pursuant to ORS 183.360 to review the draft Area Plan prior to forwarding its recommendations to the Director. (a) Public hearing notice will be provided at least 14 days preceding the hearing. Additional notice may be provided to known stakeholders and anyone who requests it in writing by whatever method the Department deems necessary or desirable. (b) A recommendation for approval requires the affirmative vote of not less than a majority of the total membership of the Commission. (c) The Commission may recommend approval, conditional approval, or substantial revision. This recommendation will be forwarded to the Director, along with statements from the Department and the property-owning agencies indicating agreement or disagreement with the Area Plan and with the Commission’s recommendation. (d) Once hearing(s) have been completed, the Director will approve, conditionally approve, or deny the Area Plan. Any conditions of approval should be made an integral part of the Area Plan prior to its adoption. If the plan is to be approved with a substantial modification not previously considered by the Commission the plan must be referred to the Commission for their reconsideration and recommendation. (2) Adoption. Adoption of an Area Plan is accomplished by Administrative Rule, following the accepted Permanent Rulemaking Process. Rulemaking hearings regarding Area Plan adoptions will be held by the Commission. Adoptions are listed under Oregon Administrative Rules, Chapter 125. (3) Amendment and Repeal. An Area Plan is repealed in the same manner it is amended, by Administrative Rule. Similar to adoption, the Commission must hold at least one public hearing prior to taking any action. Statutory/Other Authority: ORS 227.055 Statutes/Other Implemented: ORS 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 DAS 4-2008, f. & cert. ef. 6-17-08 DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08
125-125-0522 Development Polices and Design Standards Contained in Area Plans Development policies and design standards applicable to each Area Plan shall be included in the Area Plans. The Department shall provide model development policy and design standards guidelines in accordance with ORS 276.098 and shall be included in the Statewide Facility Planning Process Manual. Statutory/Other Authority: 276.098 & ORS 276.055 Statutes/Other Implemented: ORS 276.056 History: DAS 4-2023, amend filed 09/26/2023, effective 10/01/2023 Renumbered from 110-010-0034 by DAS 8-2008, f. & cert. ef. 11-4-08 CPC 3-2008, f. & cert. ef. 6-17-08 CPC 1-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08