Bill Text: OR HB2817 | 2013 | Regular Session | Introduced
Bill Title: Relating to energy efficiency.
Sponsorship: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2817 Detail]
Download: Oregon-2013-HB2817-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2772
House Bill 2817
Sponsored by COMMITTEE ON ENERGY AND ENVIRONMENT
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.
Provides that real estate appraisal activity includes issuance
of opinion as to value associated with energy efficiency of
buildings located on real property.
A BILL FOR AN ACT
Relating to energy efficiency; amending ORS 674.100.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 674.100 is amended to read:
674.100. (1)(a) A person may not engage in, carry on, advertise
or purport to engage in or carry on real estate appraisal
activity within this state without first obtaining certification,
licensure or registration as provided for in ORS 674.310.
(b) Real estate appraisal activity is the preparation,
completion and issuance of an opinion as to the value on a given
date or at a given time of real property or an interest in real
property { + and the value associated with the energy efficiency
of any building located on real property + }, whether the
activity is performed in connection with a federally related
transaction or is not performed in connection with a federally
related transaction.
{ + (c) + } Notwithstanding any other provision of law, a
state certified appraiser or a state licensed appraiser:
(A) Is not required to be licensed under ORS 696.022 to perform
real estate appraisal activity or any other activity that
constitutes the giving of an opinion as to the value of real
property { + , + } { - or - } an interest in real
property { + or the energy efficiency of a building + }; and
(B) Is not subject to regulation under ORS 696.010 to 696.495
and 696.600 to 696.995 in connection with the performance of real
estate appraisal activity or the performance of any other
activity that constitutes the giving of an opinion as to the
value of real estate { + , + } { - or - } an interest in real
estate { + or the energy efficiency of a building + }.
(2) Real estate appraisal activity excludes activity that is
not performed in connection with a federally related transaction
and that:
(a) Is performed by a nonlicensed regular full-time employee of
a single owner of real estate, if the activity involves the real
estate of the employer and is incidental to the employee's
normal, nonreal estate activities;
(b) Is performed by a nonlicensed regular full-time employee
whose activity involves the real estate of the employer, when the
activity is the employee's principal activity, but the employer's
principal activity or business is not the appraisal of real
estate;
(c) Is performed by an attorney at law rendering services in
the performance of duties as an attorney at law;
(d) Is performed by a registered geologist, registered
professional engineer or architect rendering services as a
registered geologist, registered professional engineer or
architect;
(e) Is performed by a certified public accountant rendering
services as a certified public accountant;
(f) Is performed by a mortgage banker rendering services as a
mortgage banker;
(g) Constitutes a letter opinion or a competitive market
analysis as those terms are defined in ORS 696.010 that, by
administrative or judicial order or subpoena, is compelled from
an individual licensed to engage in professional real estate
activity under ORS 696.022;
(h) Is performed by a salaried employee of the federal
government, the State of Oregon or a political subdivision of the
federal government or the State of Oregon while engaged in the
performance of the duties of the employee;
(i) Is limited to analyzing or advising of permissible land use
alternatives, environmental impact, building and use permit
procedures or demographic market studies, if the performance of
the activities does not involve the rendering of an opinion as to
the value of the real estate in question;
(j) Is performed by a professional forester appraising or
valuing timber, timberland or both as part of services performed
as a private consultant in forest management, but only if, in the
case of timberland, the appraisal or valuation is limited to the
use of the land as forestland;
(k) Is limited to giving an opinion in an administrative or
judicial proceeding regarding the value of real estate for
taxation;
(L) Is limited to giving an opinion regarding the value of real
estate by a person who is not licensed under ORS chapter 696, if
the person's business is not the appraisal, selling or listing of
real estate and the activity is performed without compensation.
This paragraph does not apply to a person conducting
transactional negotiations on behalf of another person for
transfer of an interest in real property;
(m) Is limited to transferring or acquiring an interest in real
estate by a person who is not licensed under ORS chapter 696; or
(n) Is performed by a home inspector acting within the scope of
a certificate or license issued under ORS chapter 701.
(3)(a) Real estate appraisal activity does not include an
analysis, evaluation, opinion, conclusion, notation or
compilation of data prepared by a financial institution or
affiliate, a consumer finance company licensed under ORS chapter
725 or an insurance company or affiliate, made for internal use
only by the financial institution or affiliate, consumer finance
company or the insurance company or affiliate, concerning an
interest in real estate for ownership or collateral purposes by
the financial institution or affiliate, the consumer finance
company licensed under ORS chapter 725 or the insurance company
or affiliate. Nothing in this subsection shall be construed to
excuse a financial institution or affiliate from complying with
the provisions of Title XI of the federal Financial Institutions
Reform, Recovery and Enforcement Act of 1989 (12 U.S.C. 3310 et
seq.).
(b) As used in this subsection, 'evaluation' means a study of
the nature, quality or utility of a parcel of real estate or
interests in, or aspects of, real property in which a value
estimate is not necessarily required.
(4)(a) As used in this section, 'purport to engage in or carry
on real estate appraisal activity' means the display of a card,
sign, advertisement or other printed, engraved or written
instrument bearing the person's name in conjunction with the term
' appraiser,' 'licensed appraiser,' 'certified appraiser, ' '
appraiser assistant,' 'registered appraiser assistant' or '
appraisal' or an oral statement or representation of
certification, licensure or registration by the Appraiser
Certification and Licensure Board made by a person.
(b) Each display or statement described in paragraph (a) of
this subsection by a person not licensed, certified or registered
by the board is a separate violation under ORS 674.850 or
674.990.
(c) In a proceeding under ORS 674.850 or 674.990, a display or
statement described in paragraph (a) of this subsection shall be
considered prima facie evidence that the person named in the
display or making the statement purports to engage in or carry on
real estate appraisal activity.
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