ORS 352.157
Construction and acquisition of buildings and structures
(1)
The governing board of a public university listed in ORS 352.002 (Public universities) may undertake the construction of any building or structure for higher education when the governing board conservatively estimates that the public university will have sufficient revenues to pay the operating costs and any indebtedness for the building or structure. For purposes of this section, “revenues” includes all funds available to the governing board except amounts appropriated by the Legislative Assembly from the General Fund. The governing board may enter into contracts for the acquisition, erection, improvement, repair, equipping and furnishing of buildings and structures for dormitories, housing, boarding, off-street motor vehicle parking facilities and other purposes for higher education pursuant to Article XI-F(1) of the Oregon Constitution and ORS 352.157 (Construction and acquisition of buildings and structures) to 352.171 (Insurance for buildings, structures and projects).(2)
The governing board may also undertake the acquisition or construction of those buildings and structures that the Legislative Assembly has determined will benefit higher education institutions or activities, and may enter into contracts with persons, firms or corporations for the acquisition, erection, improvement, repair, equipping and furnishing of such buildings and structures pursuant to Article XI-G of the Oregon Constitution. [Formerly 351.160](a)
Employ apprentices to perform 15 percent of the work hours that workers in apprenticeable occupations perform under the contract, in a manner consistent with the apprentices’ respective apprenticeship training programs;(b)
Establish and execute a plan for outreach, recruitment and retention of women, minority individuals and veterans to perform work under the contract, with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups;(c)
Provide health insurance and retirement benefits to workers; and(d)
Require any subcontractor engaged by the contractor to abide by the requirements set forth in paragraphs (a), (b) and (c) of this subsection, if the work to be performed under the subcontract has an estimated cost of $200,000 or greater.(2)
On or before February 1 of each year, each public university that is carrying out a qualified project shall report to the Joint Committee on Ways and Means or Joint Interim Committee on Ways and Means, as part of the report required under ORS 350.379 (Use of apprentices, minority individuals and women in qualified contracts), on:(a)
The amount of work performed on qualified projects by apprentices;(b)
The amount of work performed on qualified projects by women, minority individuals and veterans; and(c)
The types and costs of health insurance and retirement benefits provided to workers by contractors and subcontractors.(3)
The requirements of this section are in addition to, and not in lieu of, the requirements imposed under ORS 350.379 (Use of apprentices, minority individuals and women in qualified contracts).(4)
As used in this section:(a)
“Apprentice” has the meaning given that term in ORS 660.010 (Definitions for ORS 660.002 to 660.210).(b)
“Apprenticeable occupation” has the meaning given that term in ORS 660.010 (Definitions for ORS 660.002 to 660.210).(c)
“Apprenticeship training program” means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210), operates, including the local joint committee’s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.(d)
“Minority individual” has the meaning given that term in ORS 200.005 (Definitions).(e)
“Qualified project” means the following capital construction projects:(A)
The Oregon Institute of Technology Boivin Hall Rehabilitation referenced in section 1 (1)(i), chapter 661, Oregon Laws 2019;(B)
The Oregon State University Arts and Education Complex project referenced in section 1 (1)(j), chapter 661, Oregon Laws 2019;(C)
The Portland State University SB1 Renovation and Expansion referenced in section 1 (1)(k), chapter 661, Oregon Laws 2019; and(D)
The University of Oregon Huestis Hall Renovation referenced in section 1 (1)(L), chapter 661, Oregon Laws 2019.(f)
“Veteran” has the meaning given that term in ORS 408.225 (Definitions for ORS 408.225 to 408.237).(g)
“Woman” has the meaning given that term in ORS 200.005 (Definitions). [2020 s.s.2 c.5 §15](a)
Employ apprentices to perform 15 percent of the work hours that workers in apprenticeable occupations perform under the contract, in a manner consistent with the apprentices’ respective apprenticeship training programs;(b)
Establish and execute a plan for outreach, recruitment and retention of women, minority individuals and veterans to perform work under the contract, with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups;(c)
Provide health insurance and retirement benefits to workers; and(d)
Require any subcontractor engaged by the contractor to abide by the requirements set forth in paragraphs (a), (b) and (c) of this subsection, if the work to be performed under the subcontract has an estimated cost of $200,000 or greater.(2)
On or before February 1 of each year, each public university that is carrying out a qualified project shall report to the Joint Committee on Ways and Means or Joint Interim Committee on Ways and Means, as part of the report required under ORS 350.379 (Use of apprentices, minority individuals and women in qualified contracts), on:(a)
The amount of work performed on qualified projects by apprentices;(b)
The amount of work performed on qualified projects by women, minority individuals and veterans; and(c)
The types and costs of health insurance and retirement benefits provided to workers by contractors and subcontractors.(3)
The requirements of this section are in addition to, and not in lieu of, the requirements imposed under ORS 350.379 (Use of apprentices, minority individuals and women in qualified contracts).(4)
As used in this section:(a)
“Apprentice” has the meaning given that term in ORS 660.010 (Definitions for ORS 660.002 to 660.210).(b)
“Apprenticeable occupation” has the meaning given that term in ORS 660.010 (Definitions for ORS 660.002 to 660.210).(c)
“Apprenticeship training program” means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210), operates, including the local joint committee’s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.(d)
“Minority individual” has the meaning given that term in ORS 200.005 (Definitions).(e)
“Qualified project” means the following capital construction projects:(A)
The Eastern Oregon University Inlow Hall Renovation, Phase II referenced in section 1 (1)(a) of this 2021 Act;(B)
The Oregon State University Cascades Student Success Center referenced in section 1 (1)(b)(A) of this 2021 Act;(C)
The Oregon State University Cordley Hall Renovation, Phase II referenced in section 1 (1)(b)(B) of this 2021 Act;(D)
The Portland State University Gateway Center Reuse and Extension referenced in section 1 (1)(c) of this 2021 Act;(E)
The University of Oregon Heritage Building Renovation referenced in section 1 (1)(d) of this 2021 Act; and(F)
The Western Oregon University Student Success Center referenced in section 1 (1)(e) of this 2021 Act.(f)
“Veteran” has the meaning given that term in ORS 408.225 (Definitions for ORS 408.225 to 408.237).(g)
“Woman” has the meaning given that term in ORS 200.005 (Definitions). [2021 c.658 §10]
Source:
Section 352.157 — Construction and acquisition of buildings and structures, https://www.oregonlegislature.gov/bills_laws/ors/ors352.html.
Notes of Decisions
State Board of Higher Education acting through Southern Oregon State College did not exceed its authority in providing housing, food and transportation to groups attending Shakespearean Festival though such services stemmed from use of facilities constructed or renovated with bonds issued under provisions of Or. Const. Art. XI-F(1). Jansen v. Atiyeh, 87 Or App 617, 743 P2d 765 (1987), Sup Ct review denied, as modified by 89 Or App 557, 749 P2d 1230 (1988)
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