OAR 860-036-2300
Relating to City Charges, Taxes, and Other Exactions

(1)

A rate-regulated water utility may recover the aggregate amount of all business or occupation taxes, licenses, franchise or operating permit charges, or other similar exactions imposed by any city in Oregon for engaging in business or for use and occupancy of city streets and public ways.

(2)

The water utility may recover these amounts up to 3.5 percent of the water utility’s gross revenue as operating expenses from all water utility customers. The utility may collect any remaining amounts in excess of 3.5 percent of its gross revenues on a pro rata basis to customers within the applicable city if separately stated on the regular billings to the customers. “Gross revenues” means revenues received from water utility operations within the city less related net uncollectibles, but do not include proceeds from the sale of bonds, mortgage or other evidence of indebtedness, securities or stocks, sales at wholesale by one utility to another when the water utility purchasing the service is not the ultimate customer.

(3)

To calculate the amounts to be recovered under this rule, the water utility may not include:

(a)

Permit or similar charges for street opening, installations, construction, and the like if the charges are reasonably related to the city’s costs for inspection, supervision, and regulation in exercising its police powers; or

(b)

The value of any water utility service or use of facilities provided on or before November 6, 1967, to a city without charge. These services may be continued within the same category or type of use.

(4)

This rule does not affect franchises granted by a city on or before November 6, 1967. Payments made or value of service rendered by a water utility must be collected from all customers.

(a)

When a franchise agreement existing on November 6, 1967, specifies a different compensation percentage than set forth in section (2), the compensation continues to be treated by the affected water utility as an operating expense during the balance of the term of such franchise.

(b)

If a city unilaterally imposes or increases any tax, charge, or other exaction specified in section (2) of this rule during the unexpired term of a franchise existing on November 6, 1967, for use and occupancy of streets and public ways, the water utility must charge the additional amounts on a pro rata basis to local users.

Source: Rule 860-036-2300 — Relating to City Charges, Taxes, and Other Exactions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=860-036-2300.

860‑036‑1000
Scope and Applicability of Rules 860‑036‑1010
General Definitions 860‑036‑1050
Annual Fees Payable to the Commission by a Water Utility 860‑036‑1060
Estimated Annual Fees Payable to the Commission by a Water Utility 860‑036‑1100
Information for Applicants and Customers 860‑036‑1110
Water Utility Emergency and Nonemergency Response Requirements 860‑036‑1120
Designation of Third Party to Receive Copies of Bills and Notices 860‑036‑1150
Dispute Resolution 860‑036‑1160
Continued or Restored Service Pending Informal or Formal Dispute 860‑036‑1200
Applications for Water Utility Service 860‑036‑1210
Establishing Credit for Residential Service 860‑036‑1220
Deposits for Residential Service 860‑036‑1230
Surety Agreements 860‑036‑1240
Deposit Payment Arrangements for Residential Service 860‑036‑1250
Interest on Deposits for Residential and Nonresidential Service by Rate-Regulated Utilities 860‑036‑1260
Refund of Deposits 860‑036‑1270
Refusal of Water Utility Service 860‑036‑1300
Water Service Connection 860‑036‑1310
Main Line Extensions 860‑036‑1320
Temporary Service 860‑036‑1330
Restrictions on Entering a Customer Residence 860‑036‑1350
Use of Water Meters 860‑036‑1360
Customer Requested Meter Tests 860‑036‑1370
Meter Readings 860‑036‑1400
Customer Billings 860‑036‑1410
Application of Partial Payments 860‑036‑1420
Time-Payment Plans for Residential Water Service 860‑036‑1430
Late-Payment Charge 860‑036‑1440
Adjustment of Utility Bills 860‑036‑1450
Transfer Billings 860‑036‑1500
Grounds for Involuntary Disconnection 860‑036‑1510
Required Notices for Involuntary Disconnection 860‑036‑1520
Delivery of Notices for Involuntary Disconnection 860‑036‑1530
Water Utility Requirements on the Day of Involuntary Disconnection 860‑036‑1540
Disconnection of Service on Weekends and Holidays 860‑036‑1550
Disconnection of Water Service to Tenants 860‑036‑1560
Voluntary Disconnection 860‑036‑1570
Reconnection of Residential Water Service 860‑036‑1580
Disconnection, Reconnection, and Field Visit Charges 860‑036‑1590
Tampering with Water Utility Facilities, Theft, or Unauthorized Use of Water 860‑036‑1600
Adequacy of Water Service 860‑036‑1610
Quality of Water Supply for Domestic Purposes 860‑036‑1620
Water Utility Responsibilities Regarding Service Complaints 860‑036‑1630
Unscheduled Interruptions of Service 860‑036‑1640
Scheduled Interruptions of Service 860‑036‑1650
Adequate Water Pressure Required 860‑036‑1660
Customer Requested Pressure Test 860‑036‑1670
Water Use Restrictions 860‑036‑1680
Cross Connection Control 860‑036‑1690
Maps and Records 860‑036‑1700
Appointment of Regent to Operate and Manage a Water System 860‑036‑1710
Expenditure of Charges Collected Under ORS 756.310 to Make Emergency Repairs 860‑036‑1720
Commission-Assessed Civil Penalties for Noncompliance 860‑036‑1800
Service Territory Allocation Definitions 860‑036‑1810
Allocation of Service Territory 860‑036‑1820
Filing an Application to Expand Exclusive Service Territory 860‑036‑1830
Reduction of Approved Service Territory Boundaries 860‑036‑1840
Transfer of Approved Service Territory 860‑036‑1850
Exclusive Obligation to Serve 860‑036‑1900
Regulation of Water Utilities 860‑036‑1910
Threshold Levels for Rate Regulation of Water Utilities Serving less than 500 Customers 860‑036‑1920
Notice Requirements and Customers Right to Petition for Rate Regulation 860‑036‑1930
Petition for Rate Regulation of Association by Members 860‑036‑1940
Water Utility Requesting Rate Regulation and Notice Requirements 860‑036‑1950
Removal of Rate Regulation 860‑036‑2000
Tariff Filings 860‑036‑2010
Tariff Content and Advice Letter 860‑036‑2020
Filing a General Rate Revision 860‑036‑2030
Customer Notice Requirements for a General Rate Revision 860‑036‑2100
Form and Filing of Financial Transaction Applications 860‑036‑2110
Application to Terminate, Abandon, or Dispose of a Water System 860‑036‑2120
Application to Dispose of or Acquire Property 860‑036‑2130
Acquisition Adjustment 860‑036‑2140
Filing for Approval of a Special Contract 860‑036‑2150
Application for Authority to Issue Stocks, Bonds, Notes, or Other Securities 860‑036‑2160
Application for Authority to Guarantee Indebtedness 860‑036‑2170
Use of Deferred Accounting 860‑036‑2200
Affiliated Interest Definitions 860‑036‑2210
Applications to Receive or Provide Goods or Services with an Affiliated Interest 860‑036‑2220
Application for Waiver of Requirements under OAR 860-036-2210 860‑036‑2230
Allocation of Costs 860‑036‑2300
Relating to City Charges, Taxes, and Other Exactions 860‑036‑2310
Relating to Local Government Charges, Taxes, and Other Assessments 860‑036‑2350
Annual Report of Results of Operations 860‑036‑2360
Annual Affiliated Interest Report 860‑036‑2370
Uniform System of Accounts 860‑036‑2380
Accounting for Contributions in Aid of Construction (CIAC) 860‑036‑2390
Accounting for Construction Work in Progress (CWIP) 860‑036‑2410
Preservation and Destruction of Records
Last Updated

Jun. 8, 2021

Rule 860-036-2300’s source at or​.us