reglab/housing_qa huggingface dataset:
OR Rev Stat § 758.125 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.125 - Duties and rights not altered by ORS 758.120.

(1) ORS 758.120 does not alter the rights of an electric cooperative or commercial broadband service provider to acquire the rights to use real property for broadband services through any other means authorized by law. (2) ORS 758.120 does not authorize an expanded use that is expressly prohibited by the terms of a written electric easement. (3) Exercise of the authority granted in ORS 758.120 does not: (a) Change the legal relationship between the electric cooperative as the easement holder and the property owner; (b) Create an easement right for any third party, including but not limited to a commercial broadband service provider or a broadband division or affiliate of the electric cooperative; or (c) Expand the footprint of the existing easement. (4) An expanded use of an electric easement authorized under ORS 758.120 may not alter or interfere with any easement rights held by parties other than the electric cooperative that existed, within or outside the area of the electric easement, prior to the expanded use. (5)(a) Nothing in ORS 758.120 requires an electric cooperative that does not have a broadband division or affiliate to offer or authorize the access or use of an electric easement or to use attachments or electric service infrastructure owned or controlled by the electric cooperative for provision of broadband services in a manner that would, in the electric cooperative’s reasonable discretion, materially interfere with the electric cooperative’s construction, maintenance or use of any electric cooperative attachments or infrastructure for the provision of electric service. (b) Subject to subsection (2) of this section, if an electric cooperative has a broadband division or affiliate, the electric cooperative may withhold authorization for a commercial broadband service provider to access or use an electric easement or to use attachments or electric service infrastructure owned or controlled by the electric cooperative for provision of broadband services only if: (A) There is insufficient capacity for attachments necessary for the provision of broadband service; or (B) Concerns of safety or reliability or generally applicable engineering purposes weigh against granting the authorization. (6) Nothing in this section or ORS 758.120 imposes any duty or liability on a property owner in addition to any liability provided for in an electric easement for unintentional damage by the property owner to facilities necessary for the provision of broadband that are installed in an electric easement pursuant to an expanded use authorized under ORS 758.120. An electric cooperative that exercises the authority granted under ORS 758.120 shall indemnify and hold harmless the property owner against damage to existing easement holders resulting from activities related to the installation or maintenance of facilities described in this subsection. [2021 c.149 §2] Note: See note under 758.120.
OR Rev Stat § 758.210 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.210 - Policy.

The legislature finds that in many areas of this state landowners, utilities and public authorities desire to convert existing overhead electric and communication facilities to underground facilities by means of special assessment proceedings. The legislature declares that a public purpose will be served and that the public welfare will be promoted by providing a procedure to accomplish such conversion by special assessment proceedings and that it is in the public interest for such conversion to be accomplished as provided in ORS 758.210 to 758.270. [1969 c.385 §1]
OR Rev Stat § 758.220 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.220 - Authority for conversion to underground facilities; formation of assessment district.

(1) A public authority shall have the power to require the conversion of overhead electric or communication facilities to underground facilities; to provide and receive funds to pay for such conversion; and to assess the whole or any part of the cost thereof against the real property included in the underground assessment district specially benefited by such conversion. (2) An underground assessment district shall include an area having a frontage of not less than 400 feet upon a public street, road or highway along which overhead electric or communication facilities are located. (3) An underground assessment district: (a) Created by a city, may include area along city streets, county roads and state highways or any part thereof located within the district. (b) Created by a county, may include areas along county roads, state highways or any part thereof located within the district. [1969 c.385 §3]
OR Rev Stat § 758.225 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.225 - Petition, ordinance or resolution for conversion; contents; filing.

(1) A proceeding for conversion may be initiated: (a) By a petition signed by not less than 60 percent of the landowners within the proposed assessment district who own not less than 60 percent of the land area within the district; or (b) By an ordinance or resolution of a public authority declaring its intention to order a conversion. (2) A petition shall: (a) Describe the proposed boundaries of the assessment district; (b) Generally describe the proposed conversion; and (c) Request that a proceeding for such conversion be taken pursuant to ORS 758.210 to 758.270. (3) The petition shall be filed with the city recorder, county clerk or other person designated by the public authority to receive the petition and to verify the signatures. If the petition is signed by the requisite number of qualified signers, the official so designated shall execute a certificate of sufficiency and present the petition and certificate to the governing body of the city or to the county court or board of county commissioners, as the case may be. [1969 c.385 §4]
OR Rev Stat § 758.230 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.230 - Assessment procedure; objections to conversion.

(1) Upon presentation of the petition and certificate of sufficiency, or upon adoption of an ordinance or resolution, the public authority shall proceed in the manner provided by ORS 223.389. (2) Unless the charter of a county provides otherwise, a county shall declare a proposed conversion abandoned if, after notice as provided by ORS 223.389, objections to the conversion are received by a county court or board of county commissioners signed by more than 50 percent of the landowners within the proposed assessment district who own more than 50 percent of land within the district. If a proposed conversion is abandoned because of objections, no new proceeding for the conversion shall be undertaken within a period of one year thereafter. [1969 c.385 §5]
OR Rev Stat § 758.235 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.235 - Applicability of local improvement laws; issuance of bonds.

Unless otherwise provided by ORS 758.210 to 758.270, the provisions relating to the procedure for local improvements in cities, as set forth in ORS 223.205, 223.210 to 223.295, 223.387 to 223.399, 223.401, 223.405 to 223.485, 223.505 to 223.595, 223.610, 223.615 to 223.650 and 223.770, apply to proceedings for a conversion by a city or county under ORS 758.210 to 758.270. In a proceeding conducted by a county, where the statutes referred to in this section refer to officials of cities, the corresponding officials of the county shall perform the required functions, unless otherwise provided by order of the county court or board of county commissioners. Cities and counties may, as provided by ORS 223.205 and 223.210 to 223.295, issue improvement bonds in the total amount of the valid applications received to pay assessments in installments. [1969 c.385 §6; 1995 c.333 §20; 2017 c.17 §60]
OR Rev Stat § 758.240 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.240 - Contract with utility for conversion.

(1) When a public authority in accordance with ORS 758.230 determines that a conversion shall be made, it may contract with the utilities supplying electric or communication service within the underground assessment district to perform the conversion. A contract shall provide: (a) A description of the electric and communication facilities to be converted; (b) That plans and specifications for such conversion shall be supplied or approved by the affected utility; (c) The time and manner in which underground electric and communication facilities will be installed and overhead electric and communication facilities will be removed; (d) The estimated cost of converting overhead facilities located on public lands and right of way to underground facilities; (e) The estimated cost of converting related utility service facilities located on privately owned lots and parcels; (f) The time and manner of making payments and the source of funds for such payments; and (g) That upon completion of the work of conversion, the utility performing the conversion shall have legal title to the electric or communication facilities, which shall thereafter constitute a part of a system of the utility and be used, operated, maintained and managed by it as part of its system. (2) Upon approval and execution of the conversion contracts by the utilities and public authority, the public authority shall direct the utilities owning overhead electric or communication facilities within the district to convert such facilities as required by the contract. [1969 c.385 §7]
OR Rev Stat § 758.245 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.245 - Payment of costs for conversion; removal of overhead facilities.

Upon completion of the conversion of the overhead electric or communication facilities on public lands and right of way to underground, the affected utility shall file a verified statement of the costs of such conversion with the public authority. The public authority shall adopt an ordinance assessing the whole or any part of the cost of the conversion against the real property in the underground assessment district specifically benefited and shall promptly thereafter mail to each landowner a statement of the amount of such costs assessed to the property of the landowner. With the statement the public authority shall mail to each landowner a notice stating that: (1) Service from the underground facilities is available; (2) The landowner has 90 days after the date of the mailing of such notice to convert all overhead electric or communication facilities providing service to any structure or improvement located on the lot or parcel to underground service facilities; and (3) After the 90-day period following the date of the mailing of the notice, the public authority will order the utilities to disconnect and remove all overhead electric and communication facilities providing service to any structure or improvement within the area. [1969 c.385 §8]
OR Rev Stat § 758.250 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.250 - Conversion of facilities on private lands; procedure; payment of costs.

(1) Any conversion of electric or communication service facilities, including service connections, located on a privately owned lot or parcel shall be made at the expense of the landowner by the utility owning the facility. The conversion shall be made in accordance with applicable safety rules, codes, regulations, tariffs or ordinances. The utility shall not be required to convert service lines on property, other than public lands and right of way, until the landowner furnishes to the utility a permit or easement authorizing the utility and its employees, agents and contractors to enter upon real property of the landowner for the purpose of performing conversion work thereon. (2) Upon completion of the conversion of overhead electric or communication service facilities on privately owned lots and parcels within a district, the utility shall file with the public authority a verified statement of the costs of the conversion of such service facilities of each landowner in the district. Promptly thereafter the public authority shall mail to each landowner a copy of such verified statement. [1969 c.385 §9]
OR Rev Stat § 758.255 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.255 - Discontinuance of utility service for noncompliance with conversion provisions.

If the owner of any structure or improvement served from the overhead electric or communication service facilities within an underground assessment district does not grant the utility a permit or easement referred to in ORS 758.250 or if such an owner fails to convert to underground service facilities within 90 days after the mailing to the owner of the notice provided by ORS 758.245, the public authority shall order the utility to complete the conversion and to disconnect and remove all overhead facilities, including service facilities, providing service to such structure or improvement. [1969 c.385 §10]
OR Rev Stat § 758.260 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.260 - Competitive bidding for utility conversion.

To the extent that the contract between the utility and the public authority provides that all or any part of the conversion work shall be performed by the utility, any statute or charter provision requiring competitive bidding and the award of a contract to the lowest responsible bidder does not apply. [1969 c.385 §11]
OR Rev Stat § 758.265 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.265 - Overhead facilities in assessment district after conversion.

Once converted, no overhead electric or communication facilities shall be installed, maintained or operated in any underground assessment district except as authorized by ORS 758.210 to 758.270. [1969 c.385 §12]
OR Rev Stat § 758.270 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.270 - Effect of ORS 758.210 to 758.270 on existing laws and rights.

ORS 758.210 to 758.270 are supplemental and cumulative of existing rights, laws, charters, ordinances and franchises and shall not abrogate or modify any franchise granted to a utility by any local government or abrogate or modify in any way existing rights, laws, charters or ordinances of any local government. [1969 c.385 §13]
OR Rev Stat § 758.280 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.280 - Definitions for ORS 758.280 to 758.286.

For the purposes of ORS 758.280 to 758.286: (1) "Electric facilities" means lines, conduits, ducts, poles, wires, pipes, conductors, cables, crossarms, receivers, transmitters, transformers, instruments, machines, appliances and all other devices and apparatuses used, operated, owned or controlled by an electric utility for the purposes of manufacturing, transforming, transmitting, distributing, selling or furnishing electricity. (2) "Electric utility" has the meaning given that term in ORS 758.505. (3) "Vegetation" means trees, shrubs, vines and all other plants. [2001 c.420 §1] Note: 758.280 to 758.286 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 758 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 758.282 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.282 - Immunity of electric utility for pruning or removing vegetation in certain cases.

(1) An electric utility is immune from any civil liability for pruning or removing vegetation that is growing on property on which electric facilities are located, or growing on property that is adjacent to property on which electric facilities are located, if the pruning or removal is consistent with policies of the Public Utility Commission relating to the pruning or removal of vegetation, or is consistent with a local ordinance or resolution applicable to the property that relates to the pruning or removal of vegetation, and: (a) The vegetation has come in contact with or caused damage to electric facilities; or (b) Pruning or removing the vegetation is necessary to protect life or property or to restore electric service. (2) ORS 105.810 and 105.815 do not apply to any claim against an electric utility based on the pruning or removal of vegetation growing on property on which electric facilities are located, or growing on property that is adjacent to property on which electric facilities are located. [2001 c.420 §2] Note: See note under 758.280.
OR Rev Stat § 758.284 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.284 - Immunity of electric utility for pruning or removing vegetation in other cases; notice to property owner.

(1) An electric utility is immune from any civil liability for pruning or removing vegetation that is growing on property on which electric facilities are located, or growing on property that is adjacent to property on which electric facilities are located, if the pruning or removal is consistent with policies of the Public Utility Commission relating to the pruning or removal of vegetation, or is consistent with a local ordinance or resolution applicable to the property that relates to the pruning or removal of vegetation, and any of the following apply: (a) The vegetation to be pruned or removed is hanging over electric facilities or growing in such close proximity to overhead electric facilities that the vegetation constitutes an electrical hazard under any electrical safety code adopted by the Public Utility Commission or constitutes a danger under state or federal health and safety codes to a person working on the facilities or with access to the facilities. (b) The vegetation to be removed is diseased, dead or dying or is close enough to electric facilities that pruning or removal of the vegetation is necessary to avoid contact between the vegetation and electric facilities. A determination under this paragraph must be made by a qualified forester or arborist if a local ordinance or resolution requires that such determinations be made by a qualified forester or arborist. (c) The vegetation is of such size, condition and proximity to electric facilities that the vegetation can reasonably be expected to cause damage to electric facilities in the future. A determination under this paragraph must be made by a qualified forester or arborist if a local ordinance or resolution requires that such determinations be made by a qualified forester or arborist. (2) The limitation on liability provided by this section does not apply unless the electric utility has provided notice to owners of the property where the vegetation is located. Notice may be provided by posting a flyer in a conspicuous location on the property where the vegetation is located. The flyer must: (a) Indicate that the electric utility intends to prune or remove vegetation on the property; (b) Include a brief statement of the nature of the work to be performed and the reason the work is needed; (c) Include an estimate of the time period during which the work will occur; and (d) Provide information on how the electric utility can be contacted. (3) The limitation on liability provided by this section does not apply unless the pruning or removal complies with rules adopted by the Public Utility Commission relating to pruning or removal. In adopting rules, the commission shall give consideration to the American National Standard for Tree Care Operations adopted by the American National Standards Institute. [2001 c.420 §3] Note: See note under 758.280.
OR Rev Stat § 758.286 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.286 - Immunity not applicable to liability for cost of abating fires.

The immunities provided by ORS 758.280 to 758.284 do not affect any liability that an electric utility may have for the costs of abating fires under ORS 477.064 to 477.120. [2001 c.420 §4] Note: See note under 758.280.
OR Rev Stat § 758.300 (2021)
2021 Oregon Revised Statutes|Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation|Chapter 758 - Utility Rights of Way and Territory Allocation; Cogeneration|Section 758.300 - Definitions for ORS 758.300 to 758.320.

As used in ORS 758.300 to 758.320: (1) "Commission" means the Public Utility Commission. (2) "Community water supply system" means a water source and distribution system, whether publicly or privately owned, that serves more than three residences or other users to whom water is provided for public consumption, including but not limited to schools, farm labor camps, industrial establishments, recreational facilities, restaurants, motels, mobile home parks or group care homes. (3) "Water utility" means any corporation, company, individual or association of individuals, or its lessees, trustees or receivers, that owns, operates, manages or controls all or a part of any plant or equipment in this state for the production, transmission, delivery or furnishing of water, directly or indirectly to or for the public, whether or not such plant or equipment or part thereof is wholly within any town or city. "Water utility" does not include a municipal corporation. [1999 c.695 §1] Note: 758.300 to 758.320 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 758 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.