Bill Text: OR HB2327 | 2011 | Regular Session | Introduced

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Bill Title: Relating to utility service lines.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2327 Detail]

Download: Oregon-2011-HB2327-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1412

                         House Bill 2327

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Transportation for Association of Oregon Counties)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows county to charge permit and inspection fees for utility
lines in county road right of way, not to exceed costs incurred
to county.

                        A BILL FOR AN ACT
Relating to utility service lines; amending ORS 758.010.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 758.010 is amended to read:
  758.010. (1) Except within cities, any person   { - or
corporation - }  has a right and privilege to construct, maintain
and operate its water, gas, electric or communication service
lines, fixtures and other facilities along the public roads in
this state, as defined in ORS 368.001 or across rivers or over
any lands belonging to the state, free of charge, and over lands
of private individuals, as provided in ORS 772.210. Such lines,
fixtures and facilities shall not be constructed so as to
obstruct any public road or navigable stream.
  (2) { + (a) + } A county governing body and the Department of
Transportation have authority to designate the location upon
roads under their respective jurisdiction, outside of cities,
where lines, fixtures and facilities described in this section
may be located, and subject to ORS 758.025 may order the location
of any such line, fixture or facility to be changed when such
governing body or department deems it expedient. Any line,
fixture or facility erected or remaining in a different location
upon such road than that designated in any order of the governing
body or department is a public nuisance and may be abated
accordingly.
   { +  (b) A county may charge fees for processing permits and
conducting inspections for construction, maintenance and
operation of water, gas, electric or communication service lines,
fixtures and other facilities within the right of way of county
roads at an amount no more than the actual or average cost of
providing that service. + }
  (3) The state officer, agency, board or commission having
jurisdiction over any land belonging to the state with respect to
which the right and privilege granted under subsection (1) of
this section is exercised may impose reasonable requirements for
the location, construction, operation and maintenance of the
lines, fixtures and facilities on such land. The person or
corporation exercising such right and privilege over any land
belonging to the state shall pay the current market value for the
existing forest products that are damaged or destroyed in
exercising such right and privilege. Such right and privilege of
any person or corporation is conditioned upon compliance with the
requirements imposed by this subsection.
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