Bill Text: OR HB2628 | 2011 | Regular Session | Introduced

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Bill Title: Relating to application of a prevailing rate of wage to public works projects; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2628 Detail]

Download: Oregon-2011-HB2628-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 1676

                         House Bill 2628

Sponsored by Representative SCHAUFLER (Presession filed.)

                             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.

  Defines 'funds of a public agency,' for purposes of applying
prevailing rate of wage to projects for public works, to include
tax credits or tax abatements that contractor engaged in project
for public works receives from state in connection with project.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to application of a prevailing rate of wage to public
  works projects; creating new provisions; amending ORS 279A.010,
  279C.800, 279C.810, 279C.827 and 279C.830; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 279C.800, as amended by section 1, chapter 45,
Oregon Laws 2010, is amended to read:
  279C.800. As used in ORS 279C.800 to 279C.870:
  (1) 'Fringe benefits' means the amount of:
  (a) The rate of contribution a contractor or subcontractor
makes irrevocably to a trustee or to a third person under a plan,
fund or program; and
  (b) The rate of costs to the contractor or subcontractor that
may be reasonably anticipated in providing the following items,
except for items that federal, state or local law requires the
contractor or subcontractor to provide:
  (A) Benefits to workers pursuant to an enforceable written
commitment to the workers to carry out a financially responsible
plan or program for:
  (i) Medical or hospital care;
  (ii) Pensions on retirement or death; or
  (iii) Compensation for injuries or illness that result from
occupational activity;
  (B) Insurance to provide the benefits described in subparagraph
(A) of this paragraph;
  (C) Unemployment benefits;
  (D) Life insurance;
  (E) Disability and sickness insurance or accident insurance;
  (F) Vacation and holiday pay;
  (G) Costs of apprenticeship or other similar programs; or
  (H) Other bona fide fringe benefits.
   { +  (2)(a) 'Funds of a public agency' means moneys that a
contracting agency uses to fund construction, reconstruction,
major renovation or painting for a project for public works, or a
tax credit or tax abatement that a contractor engaged in a
project for public works receives from this state in connection
with the project for public works.
  (b) 'Funds of a public agency' does not include:
  (A) Funds provided in the form of a government grant to an
organization or group of organizations described in section
501(c)(3) of the Internal Revenue Code that is exempt from income
tax under section 501(a) of the Internal Revenue Code, unless the
government grant is issued for the purpose of construction,
reconstruction, major renovation or painting;
  (B) Building and development permit fees the public agency pays
or waives;
  (C) Land that a public agency sells to a private entity at fair
market value;
  (D) The difference between:
  (i) The value of land that a public agency sells to a private
entity as determined at the time of the sale after taking into
account any plan, requirement, covenant, condition, restriction
or other limitation, exclusive of zoning or land use regulations,
that the public agency imposes on the development or use of the
land; and
  (ii) The fair market value of the land if the land is not
subject to the limitations described in sub-subparagraph (i) of
this subparagraph;
  (E) Staff resources the public agency uses to:
  (i) Manage a project or to provide a principal source of
supervision, coordination or oversight of a project; or
  (ii) Design or inspect one or more components of a project;
  (F) Moneys derived from the sale of bonds that a state agency
lends to a private entity, unless the moneys will be used for a
public improvement;
  (G) Value added to land as a consequence of a public agency's
site preparation, demolition of real property or remediation or
removal of environmental contamination, except for value added in
excess of the expenses the public agency incurred in the site
preparation, demolition or remediation or removal when the land
is sold for use in a project otherwise subject to ORS 279C.800 to
279C.870; or
  (H) Bonds, or loans from the proceeds of bonds, issued in
accordance with ORS chapter 289 or ORS 441.525 to 441.595, unless
the bonds or loans will be used for a public improvement. + }
    { - (2) - }   { + (3) + } 'Housing' has the meaning given
that term in ORS 456.055.
    { - (3) - }   { + (4) + } 'Locality' means the following
district in which the public works, or the major portion thereof,
is to be performed:
  (a) District 1, composed of Clatsop, Columbia and Tillamook
Counties;
  (b) District 2, composed of Clackamas, Multnomah and Washington
Counties;
  (c) District 3, composed of Marion, Polk and Yamhill Counties;
  (d) District 4, composed of Benton, Lincoln and Linn Counties;
  (e) District 5, composed of Lane County;
  (f) District 6, composed of Douglas County;
  (g) District 7, composed of Coos and Curry Counties;
  (h) District 8, composed of Jackson and Josephine Counties;
  (i) District 9, composed of Hood River, Sherman and Wasco
Counties;
  (j) District 10, composed of Crook, Deschutes and Jefferson
Counties;
  (k) District 11, composed of Klamath and Lake Counties;
  (L) District 12, composed of Gilliam, Grant, Morrow, Umatilla
and Wheeler Counties;
  (m) District 13, composed of Baker, Union and Wallowa Counties;
and
  (n) District 14, composed of Harney and Malheur Counties.
    { - (4) - }   { + (5) + } 'Prevailing rate of wage' means the
rate of hourly wage, including all fringe benefits, that the
Commissioner of the Bureau of Labor and Industries determines is
paid in the locality to the majority of workers employed on
projects of a similar character in the same trade or occupation.
    { - (5) - }   { + (6) + } 'Public agency' means the State of
Oregon or a political subdivision of the State of Oregon, or a
county, city, district, authority, public corporation or public
entity organized and existing under law or charter or an
instrumentality of the county, city, district, authority, public
corporation or public entity.
    { - (6)(a) - }   { + (7)(a) + } 'Public works' includes, but
is not limited to:
  (A) Roads, highways, buildings, structures and improvements of
all types, the construction, reconstruction, major renovation or
painting of which is carried on or contracted for by any public
agency to serve the public interest;
  (B) A project that uses funds of a private entity and $750,000
or more of funds of a public agency for constructing,
reconstructing, painting or performing a major renovation on a
privately owned road, highway, building, structure or improvement
of any type;
  (C) A project that uses funds of a private entity for
constructing a privately owned road, highway, building, structure
or improvement of any type in which a public agency will use or
occupy 25 percent or more of the square footage of the completed
project; or
  (D) Notwithstanding the provisions of ORS 279C.810
 { - (2)(a), (b) and (c) - }  { +  (1), (2) and (3) + }, a
device, structure or mechanism, or a combination of devices,
structures or mechanisms, that:
  (i) Uses solar radiation as a source for generating heat,
cooling or electrical energy; and
  (ii) Is constructed or installed, with or without using funds
of a public agency, on land, premises, structures or buildings
that a public body, as defined in ORS 174.109, owns.
  (b) 'Public works' does not include:
  (A) The reconstruction or renovation of privately owned
property that a public agency leases; or
  (B) The renovation of publicly owned real property that is more
than 75 years old by a private nonprofit entity if:
  (i) The real property is leased to the private nonprofit entity
for more than 25 years;
  (ii) Funds of a public agency used in the renovation do not
exceed 15 percent of the total cost of the renovation; and
  (iii) Contracts for the renovation were advertised or, if not
advertised, were entered into before July 1, 2003, but the
renovation has not been completed on or before July 13, 2007.
  SECTION 2. ORS 279C.810 is amended to read:
  279C.810.   { - (1) As used in this section: - }
    { - (a) 'Funds of a public agency' does not include: - }
    { - (A) Funds provided in the form of a government grant to a
nonprofit organization, unless the government grant is issued for
the purpose of construction, reconstruction, major renovation or
painting; - }
    { - (B) Building and development permit fees paid or waived
by the public agency; - }
    { - (C) Tax credits or tax abatements; - }
    { - (D) Land that a public agency sells to a private entity
at fair market value; - }
    { - (E) The difference between: - }
    { - (i) The value of land that a public agency sells to a
private entity as determined at the time of the sale after taking
into account any plan, requirement, covenant, condition,
restriction or other limitation, exclusive of zoning or land use

regulations, that the public agency imposes on the development or
use of the land; and - }
    { - (ii) The fair market value of the land if the land is not
subject to the limitations described in sub-subparagraph (i) of
this subparagraph; - }
    { - (F) Staff resources of the public agency used to manage a
project or to provide a principal source of supervision,
coordination or oversight of a project; - }
    { - (G) Staff resources of the public agency used to design
or inspect one or more components of a project; - }
    { - (H) Moneys derived from the sale of bonds that are loaned
by a state agency to a private entity, unless the moneys will be
used for a public improvement; - }
    { - (I) Value added to land as a consequence of a public
agency's site preparation, demolition of real property or
remediation or removal of environmental contamination, except for
value added in excess of the expenses the public agency incurred
in the site preparation, demolition or remediation or removal
when the land is sold for use in a project otherwise subject to
ORS 279C.800 to 279C.870; or - }
    { - (J) Bonds, or loans from the proceeds of bonds, issued in
accordance with ORS chapter 289 or ORS 441.525 to 441.595, unless
the bonds or loans will be used for a public improvement. - }
    { - (b) 'Nonprofit organization' means an organization or
group of organizations described in section 501(c)(3) of the
Internal Revenue Code that is exempt from income tax under
section 501(a) of the Internal Revenue Code. - }
    { - (2) - }  ORS 279C.800 to 279C.870 do not apply to:
    { - (a) - }   { + (1) + }   { - Projects - }   { + A
project + } for which the contract price does not exceed $50,000.
In determining the price of a project, a public agency:
    { - (A) - }   { + (a) + } May not include the value of
donated materials or work   { - performed on the project by - }
 { + that + } individuals volunteering to the public agency
 { + perform + } without pay; and
    { - (B) - }   { + (b) + } Shall include the value of work
 { - performed by every person paid by - }   { + for which + } a
contractor or subcontractor  { + pays a person + } in any manner
for the person's work on the project.
    { - (b) - }   { + (2) + }   { - Projects - }   { + A
project + } for which   { - no - }  funds of a public agency are
 { + not + } directly or indirectly used. In accordance with ORS
chapter 183, the Commissioner of the Bureau of Labor and
Industries shall adopt rules to carry out the provisions of this
  { - paragraph - }  { +  subsection + }.
    { - (c) Projects: - }
   { +  (3) A project: + }
    { - (A) - }   { + (a) + } That   { - are - }   { + is + }
privately owned;
    { - (B) - }   { + (b) + } That   { - use - }   { + uses + }
funds of a private entity;
    { - (C) - }   { + (c) + } In which   { - less than 25 percent
of the square footage of a completed project will be occupied or
used by - }  a public agency { +  will occupy or use less than 25
percent of the square footage of the completed project + }; and
    { - (D) - }   { + (d) + }   { - For - }   { + In + } which
less than $750,000 of funds of a public agency are used.
    { - (d) - }   { + (4)(a) + }   { - Projects - }   { + A
project + } for residential construction that   { - are - }
 { + is + } privately owned and that predominantly
  { - provide - }   { + provides + } affordable housing.
   { +  (b) + } As used in this   { - paragraph - }  { +
subsection + }:
  (A) 'Affordable housing' means housing that serves occupants
whose incomes are   { - no - }   { + not + } greater than 60
percent of the area median income or, if the occupants are
owners, whose incomes are   { - no - }   { + not + } greater than
80 percent of the area median income.
  (B) 'Predominantly' means 60 percent or more.
  (C) 'Privately owned'   { - includes - }  { +  means + }:
  (i) Affordable housing provided on real property   { - owned
by - }  { +  that + } a public agency  { + owns + } if the real
property and related structures are leased to a private entity
for 50 or more years; and
  (ii) Affordable housing owned by a partnership, nonprofit
corporation or limited liability company in which a housing
authority, as defined in ORS 456.005, is a general partner,
director or managing member and the housing authority is not a
majority owner in the partnership, nonprofit corporation or
limited liability company.
  (D) 'Residential construction'   { - includes - }
 { + means + } the construction, reconstruction, major renovation
or painting of single-family houses or apartment buildings not
more than four stories in height and all incidental items, such
as site work, parking areas, utilities, streets and sidewalks,
pursuant to the United States Department of Labor's 'All Agency
Memorandum No.  130: Application of the Standard of Comparison
'Projects of a Character Similar' Under Davis-Bacon and Related
Acts,' dated March 17, 1978. However, the commissioner may
consider different definitions of  { +  ' + } residential
construction { +  ' + } in determining whether a project is a
residential construction project for purposes of this
 { - paragraph - }  { +  subsection + }, including definitions
that:
  (i) Exist in local ordinances or codes; or
  (ii) Differ, in the prevailing practice of a particular trade
or occupation, from the United States Department of Labor's
description of residential construction.
  SECTION 3. ORS 279C.827 is amended to read:
  279C.827. (1)(a) A public agency may not divide a public works
project into more than one contract for the purpose of avoiding
compliance with ORS 279C.800 to 279C.870.
  (b) When the Commissioner of the Bureau of Labor and Industries
determines that a public agency has divided a public works
project into more than one contract for the purpose of avoiding
compliance with ORS 279C.800 to 279C.870, the commissioner shall
issue an order compelling compliance.
  (c) In making determinations under this subsection, the
commissioner shall consider:
  (A) The physical separation of the project structures;
  (B) The timing of the work on project phases or structures;
  (C) The continuity of project contractors and subcontractors
working on project parts or phases;
  (D) The manner in which the public agency and the contractors
administer and implement the project;
  (E) Whether a single public works project includes several
types of improvements or structures; and
  (F) Whether the combined improvements or structures have an
overall purpose or function.
  (2) If a project is a public works of the type described in ORS
279C.800   { - (6)(a)(B) - }   { + (7)(a)(B) + } or (C), the
commissioner shall divide the project, if appropriate, after
applying the considerations set forth in subsection (1)(c) of
this section to separate the parts of the project that include
funds of a public agency or that will be occupied or used by a
public agency from the parts of the project that do not include
funds of a public agency and that will not be occupied or used by
a public agency.  If the commissioner divides the project, any
part of the project that does not include funds of a public
agency and that will not be occupied or used by a public agency
is not subject to ORS 279C.800 to 279C.870.

  (3) If a project includes parts that are owned by a public
agency and parts that are owned by a private entity, the
commissioner shall divide the project, if appropriate, after
applying the considerations set forth in subsections (1)(c) and
(2) of this section to separate the parts of the project that are
public works from the parts of the project that are not public
works. If the commissioner divides the project, parts of the
project that are not public works are not subject to ORS 279C.800
to 279C.870.
  SECTION 4. ORS 279C.830 is amended to read:
  279C.830. (1)(a) Except as provided in paragraph (d) of this
subsection, the specifications for every contract for public
works shall contain a provision stating the existing state
prevailing rate of wage and, if applicable, the federal
prevailing rate of wage required under the Davis-Bacon Act (40
U.S.C. 3141 et seq.)  that may be paid to workers in each trade
or occupation required for the public works employed in the
performance of the contract either by the contractor or
subcontractor or other person doing or contracting to do the
whole or any part of the work contemplated by the contract. When
the prevailing rates of wage are available electronically or are
accessible on the Internet, the rates may be incorporated into
the specifications by referring to the electronically accessible
or Internet-accessible rates and by providing adequate
information about how to access the rates.
  (b) If a public agency is required under paragraph (a) of this
subsection to include the state and federal prevailing rates of
wage in the specifications, the public agency also shall include
in the specifications information showing which prevailing rate
of wage is higher for workers in each trade or occupation in each
locality, as determined by the Commissioner of the Bureau of
Labor and Industries under ORS 279C.815 (2)(c).
  (c) Every contract and subcontract shall contain a provision
that the workers shall be paid not less than the specified
minimum hourly rate of wage in accordance with ORS 279C.838 and
279C.840.
  (d) A public works project described in ORS 279C.800
  { - (6)(a)(B) - }   { + (7)(a)(B) + } or (C) is subject to the
existing state prevailing rate of wage or, if applicable, the
federal prevailing rate of wage required under the Davis-Bacon
Act that is in effect at the time a public agency enters into an
agreement with a private entity for the project. After that time,
the specifications for any contract for the public works shall
include the applicable prevailing rate of wage.
  (2) The specifications for every contract for public works
shall contain a provision stating that the contractor and every
subcontractor must have a public works bond filed with the
Construction Contractors Board before starting work on the
project, unless exempt under ORS 279C.836 (4), (7), (8) or (9).
Every contract awarded by a contracting agency shall contain a
provision requiring the contractor:
  (a) To have a public works bond filed with the Construction
Contractors Board before starting work on the project, unless
exempt under ORS 279C.836 (4), (7), (8) or (9).
  (b) To include in every subcontract a provision requiring the
subcontractor to have a public works bond filed with the
Construction Contractors Board before starting work on the
project, unless exempt under ORS 279C.836 (4), (7), (8) or (9).
  SECTION 5. ORS 279A.010 is amended to read:
  279A.010. (1) As used in the Public Contracting Code, unless
the context or a specifically applicable definition requires
otherwise:
  (a) 'Bidder' means a person that submits a bid in response to
an invitation to bid.
  (b) 'Contracting agency' means a public body authorized by law
to conduct a procurement. 'Contracting agency' includes, but is
not limited to, the Director of the Oregon Department of
Administrative Services and any person authorized by a
contracting agency to conduct a procurement on the contracting
agency's behalf. 'Contracting agency' does not include the
judicial department or the legislative department.
  (c) 'Days' means calendar days.
  (d) 'Department' means the Oregon Department of Administrative
Services.
  (e) 'Director' means the Director of the Oregon Department of
Administrative Services or a person designated by the director to
carry out the authority of the director under the Public
Contracting Code.
  (f) 'Emergency' means circumstances that:
  (A) Could not have been reasonably foreseen;
  (B) Create a substantial risk of loss, damage or interruption
of services or a substantial threat to property, public health,
welfare or safety; and
  (C) Require prompt execution of a contract to remedy the
condition.
  (g) 'Energy savings performance contract' means a public
contract between a contracting agency and a qualified energy
service company for the identification, evaluation,
recommendation, design and construction of energy conservation
measures, including a design-build contract, that guarantee
energy savings or performance.
  (h) 'Executive department' has the meaning given that term in
ORS 174.112.
  (i) 'Goods' includes supplies, equipment, materials, personal
property, including any tangible, intangible and intellectual
property and rights and licenses in relation thereto, and
combinations of any of the items identified in this paragraph.
  (j) 'Goods and services' or 'goods or services' includes
combinations of any of the items identified in the definitions of
' goods' and 'services.  '
  (k)(A) 'Grant' means:
  (i) An agreement under which a contracting agency receives
moneys, property or other assistance, including but not limited
to federal assistance that is characterized as a grant by federal
law or regulations, loans, loan guarantees, credit enhancements,
gifts, bequests, commodities or other assets, from a grantor for
the purpose of supporting or stimulating a program or activity of
the contracting agency and in which no substantial involvement by
the grantor is anticipated in the program or activity other than
involvement associated with monitoring compliance with the grant
conditions; or
  (ii) An agreement under which a contracting agency provides
moneys, property or other assistance, including but not limited
to federal assistance that is characterized as a grant by federal
law or regulations, loans, loan guarantees, credit enhancements,
gifts, bequests, commodities or other assets, to a recipient for
the purpose of supporting or stimulating a program or activity of
the recipient and in which no substantial involvement by the
contracting agency is anticipated in the program or activity
other than involvement associated with monitoring compliance with
the grant conditions.
  (B) 'Grant' does not include a public contract for a public
improvement, for public works, as defined in ORS 279C.800, or for
emergency work, minor alterations or ordinary repair or
maintenance necessary to preserve a public improvement, when
under the public contract a contracting agency pays, in
consideration for contract performance intended to realize or to
support the realization of the purposes for which grant funds
were provided to the contracting agency, moneys that the
contracting agency has received under a grant.
  (L) 'Industrial oil' means any compressor, turbine or bearing
oil, hydraulic oil, metal-working oil or refrigeration oil.
  (m) 'Judicial department' has the meaning given that term in
ORS 174.113.
  (n) 'Legislative department' has the meaning given that term in
ORS 174.114.
  (o) 'Local contract review board' means a local contract review
board described in ORS 279A.060.
  (p) 'Local contracting agency' means a local government or
special government body authorized by law to conduct a
procurement. 'Local contracting agency' includes any person
authorized by a local contracting agency to conduct a procurement
on behalf of the local contracting agency.
  (q) 'Local government' has the meaning given that term in ORS
174.116.
  (r) 'Lowest responsible bidder' means the lowest bidder who:
  (A) Has substantially complied with all prescribed public
contracting procedures and requirements;
  (B) Has met the standards of responsibility set forth in ORS
279B.110 or 279C.375;
  (C) Has not been debarred or disqualified by the contracting
agency under ORS 279B.130 or 279C.440; and
  (D) If the advertised contract is a public improvement
contract, is not on the list created by the Construction
Contractors Board under ORS 701.227.
  (s) 'Lubricating oil' means any oil intended for use in an
internal combustion crankcase, transmission, gearbox or
differential or an automobile, bus, truck, vessel, plane, train,
heavy equipment or machinery powered by an internal combustion
engine.
  (t) 'Person' means a natural person capable of being legally
bound, a sole proprietorship, a corporation, a partnership, a
limited liability company or partnership, a limited partnership,
a for-profit or nonprofit unincorporated association, a business
trust, two or more persons having a joint or common economic
interest, any other person with legal capacity to contract or a
public body.
  (u) 'Post-consumer waste' means a finished material that would
normally be disposed of as solid waste, having completed its life
cycle as a consumer item. 'Post-consumer waste' does not include
manufacturing waste.
  (v) 'Price agreement' means a public contract for the
procurement of goods or services at a set price with:
  (A) No guarantee of a minimum or maximum purchase; or
  (B) An initial order or minimum purchase combined with a
continuing contractor obligation to provide goods or services in
which the contracting agency does not guarantee a minimum or
maximum additional purchase.
  (w) 'Procurement' means the act of purchasing, leasing, renting
or otherwise acquiring goods or services. 'Procurement ' includes
each function and procedure undertaken or required to be
undertaken by a contracting agency to enter into a public
contract, administer a public contract and obtain the performance
of a public contract under the Public Contracting Code.
  (x) 'Proposer' means a person that submits a proposal in
response to a request for proposals.
  (y) 'Public body' has the meaning given that term in ORS
174.109.
  (z) 'Public contract' means a sale or other disposal, or a
purchase, lease, rental or other acquisition, by a contracting
agency of personal property, services, including personal
services, public improvements, public works, minor alterations,
or ordinary repair or maintenance necessary to preserve a public
improvement. 'Public contract' does not include grants.
  (aa) 'Public contracting' means procurement activities
described in the Public Contracting Code relating to obtaining,
modifying or administering public contracts or price agreements.

  (bb) 'Public Contracting Code' or 'code' means ORS chapters
279A, 279B and 279C.
  (cc) 'Public improvement' means a project for construction,
reconstruction or major renovation on real property by or for a
contracting agency. 'Public improvement' does not include:
  (A) Projects for which no funds of a contracting agency are
directly or indirectly used, except for participation that is
incidental or related primarily to project design or inspection;
or
  (B) Emergency work, minor alteration, ordinary repair or
maintenance necessary to preserve a public improvement.
  (dd) 'Public improvement contract' means a public contract for
a public improvement. 'Public improvement contract' does not
include a public contract for emergency work, minor alterations,
or ordinary repair or maintenance necessary to preserve a public
improvement.
  (ee) 'Recycled material' means any material that would
otherwise be a useless, unwanted or discarded material except for
the fact that the material still has useful physical or chemical
properties after serving a specific purpose and can, therefore,
be reused or recycled.
  (ff) 'Recycled oil' means used oil that has been prepared for
reuse as a petroleum product by refining, rerefining, reclaiming,
reprocessing or other means, provided that the preparation or use
is operationally safe, environmentally sound and complies with
all laws and regulations.
  (gg) 'Recycled paper' means a paper product with not less than:
  (A) Fifty percent of its fiber weight consisting of secondary
waste materials; or
  (B) Twenty-five percent of its fiber weight consisting of
post-consumer waste.
  (hh) 'Recycled PETE' means post-consumer polyethylene
terephthalate material.
  (ii) 'Recycled product' means all materials, goods and
supplies, not less than 50 percent of the total weight of which
consists of secondary and post-consumer waste with not less than
10 percent of its total weight consisting of post-consumer waste.
' Recycled product' includes any product that could have been
disposed of as solid waste, having completed its life cycle as a
consumer item, but otherwise is refurbished for reuse without
substantial alteration of the product's form.
  (jj) 'Secondary waste materials' means fragments of products or
finished products of a manufacturing process that has converted a
virgin resource into a commodity of real economic value.
'Secondary waste materials' includes post-consumer waste.  '
Secondary waste materials' does not include excess virgin
resources of the manufacturing process. For paper, 'secondary
waste materials' does not include fibrous waste generated during
the manufacturing process such as fibers recovered from waste
water or trimmings of paper machine rolls, mill broke, wood
slabs, chips, sawdust or other wood residue from a manufacturing
process.
  (kk) 'Services' mean services other than personal services
designated under ORS 279A.055, except that, for state contracting
agencies with procurement authority under ORS 279A.050 or
279A.140, 'services' includes personal services as designated by
the state contracting agencies.
  (LL) 'Special government body' has the meaning given that term
in ORS 174.117.
  (mm) 'State agency' means the executive department, except the
Secretary of State and the State Treasurer in the performance of
the duties of their constitutional offices.
  (nn) 'State contracting agency' means an executive department
entity authorized by law to conduct a procurement.
  (oo) 'State government' has the meaning given that term in ORS
174.111.
  (pp) 'Used oil' has the meaning given that term in ORS
459A.555.
  (qq) 'Virgin oil' means oil that has been refined from crude
oil and that has not been used or contaminated with impurities.
  (2) Other definitions appearing in the Public Contracting Code
and the sections in which they appear are:

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

  (a)     '
Adequate'
  ORS 279C.305
  (b)     '
Administering contracting
          agency'
  ORS 279A.200
  (c)     '
Affirmative action'
  ORS 279A.100
  (d)     '
Architect'
  ORS 279C.100
  (e)     '
Architectural, engineering
          and land surveying
          services'
  ORS 279C.100
  (f)     '
Bid documents'
  ORS 279C.400
  (g)     '
Bidder'
  ORS 279B.415
  (h)     '
Bids'
  ORS 279C.400
  (i)     '
Brand name'
  ORS 279B.405
  (j)     '
Brand name or equal
          specification'
  ORS 279B.200
  (k)     '
Brand name
          specification'
  ORS 279B.200
  (L)     '
Class special
          procurement'
  ORS 279B.085
  (m)     '
Consultant'
  ORS 279C.115
  (n)     '
Contract-specific
          special procurement'
  ORS 279B.085
  (o)     '
Cooperative
          procurement'
  ORS 279A.200
  (p)     '
Cooperative procurement
          group'
  ORS 279A.200
  (q)     '
Donee'
  ORS 279A.250
  (r)     '
Engineer'
  ORS 279C.100
  (s)     '
Findings'
  ORS 279C.330
  (t)     '
Fire protection
          equipment'
  ORS 279A.190
  (u)     '
Fringe benefits'
  ORS 279C.800
  (v)     '
Funds of a public
          agency'
  ORS   { -
279C.810 - }
   { +
279C.800 + }
  (w)     '
Good cause'
  ORS 279C.585
  (x)     '
Good faith dispute'
  ORS 279C.580
  (y)     '
Goods'
  ORS 279B.115
  (z)     '
Housing'
  ORS 279C.800
  (aa)    '
Interstate cooperative
          procurement'
  ORS 279A.200
  (bb)    '
Invitation to bid'
  ORS 279B.005
          .............and 279C.400
  (cc)    '
Joint cooperative
          procurement'
  ORS 279A.200
  (dd)    '
Labor dispute'
  ORS 279C.650
  (ee)    '
Land surveyor'
  ORS 279C.100
  (ff)    '
Legally flawed'
  ORS 279B.405
  (gg)    '
Locality'
  ORS 279C.800
    { -
(h')
Nonprofit - }
           { -
organization'
  ORS 279C.810 - }

    { -
(ii) - }
  { +
 (hh) + }
  '
Nonresident bidder'
  ORS 279A.120
    { -
(jj) - }
  { +
 (ii) + }
  '
Not-for-profit
          organization'
  ORS 279A.250
    { -
(kk) - }
  { +
 (jj) + }
  '
Original contract'
  ORS 279A.200
    { -
(LL) - }
  { +
 (kk) + }
  '
Permissive cooperative
          procurement'
  ORS 279A.200
    { -
(mm) - }
  { +
 (LL) + }
  '
Person'
  ORS 279C.500
          .............and 279C.815
    { -
(nn) - }
  { +
 (mm) + }
  '
Personal services'
  ORS 279C.100
    { -
(oo) - }
  { +
 (nn) + }
  '
Prevailing rate of
          wage'
  ORS 279C.800
    { -
(pp) - }
  { +
 (oo) + }
  '
Procurement
          description'
  ORS 279B.005

    { -
(qq) - }
  { +
 (pp) + }
  '
Property'
  ORS 279A.250
    { -
(rr) - }
  { +
 (qq) + }
  '
Public agency'
  ORS 279C.800
    { -
(ss) - }
  { +
 (rr) + }
  '
Public contract'
  ORS 279A.190
    { -
(tt) - }
  { +
 (ss) + }
  '
Public works'
  ORS 279C.800
    { -
(uu) - }
  { +
 (tt) + }
  '
Purchasing contracting
          agency'
  ORS 279A.200
    { -
(vv) - }
  { +
 (uu) + }
  '
Regularly organized fire
          department'
  ORS 279A.190
    { -
(ww) - }
  { +
 (vv) + }
  '
Related services'
  ORS 279C.100
    { -
(xx) - }
  { +
 (ww) + }
  '
Request for proposals'
  ORS 279B.005
    { -
(yy) - }
  { +
 (xx) + }
  '
Resident bidder'
  ORS 279A.120

    { -
(zz) - }
  { +
 (yy) + }
  '
Responsible bidder'
  ORS 279A.105
          .............and 279B.005
    { -
(aaa) - }
  { +
 (zz) + }
  '
Responsible proposer'
  ORS 279B.005
    { -
(bbb) - }
  { +
 (aaa) + }
  '
Responsive bid'
  ORS 279B.005
    { -
(ccc) - }
  { +
 (bbb) + }
  '
Responsive proposal'
  ORS 279B.005
    { -
(ddd) - }
  { +
 (ccc) + }
  '
Retainage'
  ORS 279C.550
    { -
(eee) - }
  { +
 (ddd) + }
  '
Special procurement'
  ORS 279B.085
    { -
(fff) - }
  { +
 (eee) + }
  '
Specification'
  ORS 279B.200
    { -
(ggg) - }
  { +
 (fff) + }
  '
State agency'
  ORS 279A.250
    { -
(hhh) - }
  { +
 (ggg) + }
  '
Substantial
          completion'
  ORS 279C.465

    { -
(iii) - }
  { +
 (hhh) + }
  '
Surplus property'
  ORS 279A.250
    { -
(jjj) - }
  { +
 (iii) + }
  '
Unnecessarily
          restrictive'
  ORS 279B.405
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
  SECTION 6.  { + The amendments to ORS 279A.010, 279C.800,
279C.810, 279C.827 and 279C.830 by sections 1 to 5 of this 2011
Act apply to contracts for public works that a contracting agency
advertises or otherwise solicits on or after the operative date
specified in section 7 of this 2011 Act or, if the contracting
agency does not advertise or solicit the contract, to a contract
that a contracting agency enters into on or after the operative
date specified in section 7 of this 2011 Act. + }
  SECTION 7.  { + (1) The amendments to ORS 279A.010, 279C.800,
279C.810, 279C.827 and 279C.830 by sections 1 to 5 of this 2011
Act become operative 91 days after the effective date of this
2011 Act.
  (2) The Commissioner of the Bureau of Labor and Industries, the
Director of the Oregon Department of Administrative Services, the
Attorney General and a contracting agency that adopts rules under
ORS 279A.065 may take any action before the operative date
specified in subsection (1) of this section that is necessary to
enable the commissioner, the director, the Attorney General or
the contracting agency to exercise, on or after the operative
date specified in subsection (1) of this section, all the duties,
functions and powers conferred on the commissioner, the director,
the Attorney General and the contracting agency by the amendments
to ORS 279A.010, 279C.800, 279C.810, 279C.827 and 279C.830 by
sections 1 to 5 of this 2011 Act. + }
  SECTION 8.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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