2015 ORS 291.224¹
Inclusion of capital construction program in budget report
  • furnishing information to Capitol Planning Commission

Caution-flag-2-25x25
This section is amended
Effective April 4, 2016
Relating to state financial administration; creating new provisions; amending ORS 171.130, 171.557, 173.025, 173.029, 173.035, 173.420, 176.110, 181A.265, 181A.270, 181A.410, 184.345, 184.656, 276.429, 276.625, 283.091, 286A.035, 286A.720, 286A.772, 286A.792, 286A.826, 291.002, 291.060, 291.100, 291.110, 291.200, 291.202, 291.203, 291.204, 291.206, 291.208, 291.210, 291.214, 291.216, 291.217, 291.218, 291.220, 291.222, 291.223, 291.224, 291.258, 291.260, 291.272, 291.276, 291.328, 291.332, 291.334, 291.348, 291.371, 291.373, 291.405, 293.462, 297.110, 341.937, 350.075, 350.090, 350.160, 352.089, 353.140, 403.455, 409.160, 409.161, 410.072, 410.555, 410.625, 423.525, 461.140, 462.265, 463.195, 469.421, 477.777 and 496.138 and section 23, chapter 121, Oregon Laws 2014; repealing ORS 171.559, 184.354, 291.212, 291.226, 291.228, 291.305 and 291.336; and declaring an emergency.

(1) A capital construction program containing estimated capital construction needs, irrespective of how financed, must be included with the budget report required by ORS 291.216 (Governor's budget report). The capital construction program must contain the estimated physical construction requirements for each biennium of a period to be determined by the Governor, which period may not be less than six years. The Oregon Department of Administrative Services shall assist the Governor in the preparation of the capital construction program.

(2) In accordance with regulations prescribed by the department, state agencies shall submit to the department their anticipated capital construction requirements for the period specified by the Governor. The department shall prescribe the basic assumptions relating to population changes, economic trends and other factors which might generally affect capital construction requirements and these basic assumptions must be used by the state agencies in preparing their anticipated capital construction requirements. Each state agency is responsible for the basic assumptions that affect only its own program. The department shall prepare estimated capital construction requirements for necessary capital construction not covered by the capital construction requirements submitted by the state agencies under this section.

(3) In accordance with regulations prescribed by the department, each state agency shall separately submit its estimated office space requirements for the period specified by the Governor, and the department shall consolidate those needs and make an estimate for all state office buildings to be included in the capital construction program.

(4) The Governor shall consolidate the estimates, review the estimates and make revisions the Governor finds warranted.

(5) The budget report must include the proposed expenditures for the capital construction program for the ensuing biennium and the proposed expenditures for preliminary planning of the construction projects included in the capital construction program for the biennium following the ensuing biennium. The budget report also must include dollar estimates of the cost of the capital construction projects included in the capital construction program for the succeeding years of the period determined by the Governor under subsection (1) of this section.

(6) Each state agency, including the department, required under subsection (2) of this section to submit or prepare anticipated or estimated capital construction requirements, shall submit a copy of the requirements that relate to construction or improvements within the areas described in ORS 276.054 (Declaration of policy concerning capitol area and other areas) to the Capitol Planning Commission at a time specified by the commission, but not later than August 1 of each even-numbered year. The commission shall review the capital construction requirements and, not later than November 1 of each even-numbered year, make recommendations to the department with respect to the requirements.

(7) As used in this section, "capital construction program" does not include:

(a) The acquisition, repair, improvement, enlargement, construction or maintenance of highways and highway bridges by the Department of Transportation;

(b) Park improvements by the State Parks and Recreation Department; or

(c) Road infrastructure work performed under timber sale contracts entered into by the State Forester. [1959 c.500 §1; 1973 c.129 §5; 1989 c.904 §30; 1997 c.285 §4; 2003 c.796 §§15,16; 2005 c.217 §24; 2009 c.896 §11]

Note: Sections 1, 2 and 3, chapter 840, Oregon Laws 2015, provide:

Sec. 1. Task Force on the Capital Construction Budget Process. (1) The Task Force on the Capital Construction Budget Process is established. The task force shall consist of:

(a) The cochairs of the Joint Committee on Ways and Means;

(b) One member of the Senate appointed by the President of the Senate and who is a member of a different political party from the Senate cochair of the joint committee;

(c) One member of the House of Representatives appointed by the Speaker of the House of Representatives and who is a member of a different political party from the House cochair of the joint committee;

(d) The Legislative Fiscal Officer; and

(e) The Director of the Oregon Department of Administrative Services or a designee of the Director of the Oregon Department of Administrative Services.

(2) The task force shall:

(a) Create a current inventory of state-owned buildings, including a description of the condition of each building;

(b) Review existing statutory provisions governing the process of developing the capital construction portion of the state budget, including but not limited to provisions in ORS chapters 291 and 293;

(c) Identify current statutory provisions relating to the capital construction portion of the state budget that are outdated, are unnecessary or need modification;

(d) Identify new provisions that would aid in the development of the capital construction portion of the state budget;

(e) Identify and recommend a long-range process for determining and implementing future capital construction needs and priorities for this state;

(f) Identify and recommend a process for determining how capital construction budget requests relate to overall state budget priorities;

(g) Consider whether capital construction budgets should also include forecasts of the costs of operating and maintaining state buildings upon which capital construction moneys are spent; and

(h) Recommend a comprehensive package of statutory changes that will allow the Legislative Assembly to develop budgets for capital construction projects based on identified long-term goals, using an incremental process that is integrated into the overall state budget each biennium and that provides more transparency for the public.

(3) A majority of the members of the task force constitutes a quorum for the transaction of business.

(4) Official action by the task force requires the approval of a majority of the members of the task force.

(5) The cochairs of the Joint Committee on Ways and Means shall serve as chairpersons of the task force.

(6) If there is a vacancy for any cause in a position appointed by the President of the Senate or the Speaker of the House of Representatives, the appointing authority shall make an appointment to become immediately effective.

(7) The task force shall meet at times and places specified by the call of the chairpersons or of a majority of the members of the task force.

(8) The task force may adopt rules necessary for the operation of the task force.

(9) Not later than October 15, 2016, the task force shall submit a report to the Legislative Assembly in the manner provided by ORS 192.245 (Form of report to legislature), and may include recommendations for legislation.

(10) The Legislative Administrator shall provide staff support to the task force.

(11) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions). Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the Legislative Administration Committee for purposes of the task force.

(12) All agencies of state government, as defined in ORS 174.111 ("State government" defined), are directed to assist the task force 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 task force consider necessary to perform their duties. [2015 c.840 §1]

Sec. 2. Section 1 of this 2015 Act is repealed on the date of the convening of the 2017 regular session of the Legislative Assembly as specified in ORS 171.010 (Time and place of holding regular legislative sessions) [February 1, 2017]. [2015 c.840 §2]

Sec. 3. The task force established by section 1 of this 2015 Act is a continuation of the Task Force on the Capital Construction Budget Process established by section 1, chapter 716, Oregon Laws 2013, and not a new task force. The members appointed under section 1, chapter 716, Oregon Laws 2013, and serving on the date of the convening of the 2015 regular session of the Legislative Assembly [February 2, 2015] shall continue to serve for purposes of the task force established under section 1 of this 2015 Act. [2015 c.840 §3]


1 Legislative Counsel Committee, CHAPTER 291—State Financial Administration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors291.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.