Makes nonsubstantive and technical changes in Oregon law.

83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 2464
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House In-
terim Committee on Judiciary for Legislative Counsel)
CHAPTER .................................................
AN ACT
Relating to correction of erroneous material in Oregon law; creating new provisions; and amending
ORS 30.835, 94.779, 105.124, 147.005, 173.615, 174.535, 192.610, 196.515, 197A.110, 197A.370,
253.005, 327.829, 366.744, 366.924, 413.213, 414.245, 415.501, 421.173, 421.175, 427.265, 430.717,
443.485, 456.603, 468.463, 468.469, 468.498, 468A.193, 468B.522, 475C.582, 475C.644, 475C.648 and
656.260 and section 7, chapter 89, Oregon Laws 2022, section 1, chapter 37, Oregon Laws 2024,
and sections 5, 7 and 14, chapter 97, Oregon Laws 2024.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 174.535 is amended to read:
174.535. It is the policy of the Legislative Assembly to revise sections from Oregon Revised
Statutes and Oregon law periodically in order to maintain accuracy. However, nothing in chapter
740, Oregon Laws 1983, chapter 565, Oregon Laws 1985, chapter 158, Oregon Laws 1987, chapter
171, Oregon Laws 1989, chapters 67 and 927, Oregon Laws 1991, chapters 18 and 469, Oregon Laws
1993, chapter 79, Oregon Laws 1995, chapter 249, Oregon Laws 1997, chapter 59, Oregon Laws 1999,
chapter 104, Oregon Laws 2001, chapter 14, Oregon Laws 2003, chapter 22, Oregon Laws 2005,
chapter 71, Oregon Laws 2007, chapter 11, Oregon Laws 2009, chapter 9, Oregon Laws 2011, chapter
1, Oregon Laws 2013, chapter 27, Oregon Laws 2015, chapter 17, Oregon Laws 2017, chapter 13,
Oregon Laws 2019, chapter 97, Oregon Laws 2021, [ or] chapter 9, Oregon Laws 2023, or this 2025
Act, is intended to alter the legislative intent or purpose of statutory sections affected by chapter
740, Oregon Laws 1983, chapter 565, Oregon Laws 1985, chapter 158, Oregon Laws 1987, chapter
171, Oregon Laws 1989, chapters 67 and 927, Oregon Laws 1991, chapters 18 and 469, Oregon Laws
1993, chapter 79, Oregon Laws 1995, chapter 249, Oregon Laws 1997, chapter 59, Oregon Laws 1999,
chapter 104, Oregon Laws 2001, chapter 14, Oregon Laws 2003, chapter 22, Oregon Laws 2005,
chapter 71, Oregon Laws 2007, chapter 11, Oregon Laws 2009, chapter 9, Oregon Laws 2011, chapter
1, Oregon Laws 2013, chapter 27, Oregon Laws 2015, chapter 17, Oregon Laws 2017, chapter 13,
Oregon Laws 2019, chapter 97, Oregon Laws 2021, [ and] chapter 9, Oregon Laws 2023, and this 2025
Act, except insofar as the amendments thereto, or repeals thereof, specifically require.
NOTE: Sets forth Reviser’s Bill policy statement.
SECTION 2. ORS 30.835 is amended to read:
30.835. (1) As used in this section:
(a) “Disclose” includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and
offer.
(b) “Injure” means to subject another to bodily injury or death.
Enrolled House Bill 2464 (HB 2464-INTRO) Page 1
(c) “Harass” means to subject another to severe emotional distress such that the individual ex-
periences anxiety, fear, torment or apprehension that may or may not result in a physical manifes-
tation of severe emotional distress or a mental health diagnosis and is protracted rather than merely
trivial or transitory.
(d) “Personal information” means:
(A) The plaintiff’s home address, personal electronic mail address, personal phone number or
Social Security number;
(B) Contact information for the plaintiff’s employer;
(C) Contact information for a family member of the plaintiff;
(D) Photographs of the plaintiff’s children; or
(E) Identification of the school that the plaintiff’s children attend.
(e) “Stalk” means conduct constituting the crime of stalking under ORS 163.732 or conduct that
would give rise to an action for issuance or violation of a stalking protective order under ORS
30.866.
(2) A plaintiff has a cause of action for improper disclosure of private information if the plaintiff
establishes by a preponderance of the evidence that:
(a) The defendant, with the intent to stalk, harass or injure the plaintiff, knowingly caused
personal information to be disclosed;
(b) The defendant knew or reasonably should have known that the plaintiff did not consent to
the disclosure;
(c) The plaintiff is stalked, harassed or injured by the disclosure; and
(d) A reasonable person would be stalked, harassed or injured by the disclosure.
(3) A plaintiff who prevails in a claim under this section may recover:
(a) Economic and noneconomic damages, as those terms are defined in ORS [31.710] 31.705;
(b) Punitive damages;
(c) Injunctive relief;
(d) Reasonable attorney fees; and
(e) Any other appropriate equitable relief.
(4) An action under this section must be commenced not later than two years after the conduct
that gives rise to a claim for relief occurred.
NOTE: Corrects citation in (3)(a).
SECTION 3.
ORS 94.779 is amended to read:
94.779. (1) A provision of a planned community’s governing document or landscaping or archi-
tectural guidelines that imposes irrigation requirements on an owner or the association is void and
unenforceable while any of the following is in effect:
(a) A declaration by the Governor that a severe, continuing drought exists or is likely to occur
in a political subdivision within which the planned community is located;
(b) A finding by the Water Resources Commission that a severe, continuing drought exists or
is likely to occur in a political subdivision within which the planned community is located;
(c) An ordinance adopted by the governing body of a political subdivision within which the
planned community is located that requires conservation or curtailment of water use; or
(d) A rule adopted by the association under subsection (2) of this section to reduce or eliminate
irrigation water use.
(2) Notwithstanding any provision of a planned community’s governing documents or landscap-
ing or architectural guidelines imposing irrigation requirements on an owner or the association, an
association may adopt rules that:
(a) Require the reduction or elimination of irrigation on any portion of the planned community.
(b) Permit or require the replacement of turf or other landscape vegetation with xeriscape on
any portion of the planned community.
(c) Require prior review and approval by the association or its designee of any plans by an
owner or the association to replace turf or other landscape vegetation with xeriscape.
Enrolled House Bill 2464 (HB 2464-INTRO)Page 2
(d) Require the use of best practices and industry standards to reduce the landscaped areas and
minimize irrigation of existing landscaped areas of common property where turf is necessary for the
function of the landscaped area.
(3) Except as provided in subsections (4) and (5) of this section, if adopted on or after January
1, 2018, the following provisions of a planned community’s governing document are void and
unenforceable:
(a) A provision that prohibits or restricts the use of the owner’s unit or lot as the premises of
an exempt family child care provider participating in the subsidy program under ORS 329A.500; or
(b) If the unit does not share a wall, floor or ceiling surface in common with another unit, a
provision that prohibits or restricts the use of the owner’s unit or lot as a certified or registered
family child care home pursuant to ORS 329A.250 to 329A.450.
(4) Subsection (3) of this section does not prohibit a homeowners association from adopting or
enforcing a provision of the planned community’s governing document that regulates parking, noise,
odors, nuisance, use of common property or activities that impact the cost of insurance policies held
by the planned community, provided the provision:
(a) Is reasonable; and
(b) Does not have the effect of prohibiting or restricting the use of a unit or lot as the premises
of an exempt family child care provider participating in the subsidy program under ORS 329A.500
or as a certified or registered family child care home pursuant to ORS 329A.250 to 329A.450.
(5)(a) Subsection (3) of this section does not apply to planned communities that provide housing
for older persons.
(b) As used in this subsection, “housing for older persons” has the meaning given that term in
ORS 659A.421.
(6) A provision in a planned community’s governing document that restricts or prohibits the
installation or use of a portable cooling device, as defined in ORS [ 90.335 (1) ] 90.355, is void and
unenforceable, unless:
(a) The installation or use of the device would:
(A) Violate building codes or state or federal law; or
(B) Violate the device manufacture’s written safety guidelines for the device; or
(b) The restrictions are only to require that the device be removed from October 1 through April
30.
NOTE: Corrects citation in (6).
SECTION 4.
ORS 105.124 is amended to read:
105.124. For a complaint described in ORS 105.123, if ORS chapter 90 applies to the dwelling
unit:
(1) The complaint must be in substantially the following form and be available from the clerk
of the court:
_______________________________________________________________________________________
IN THE CIRCUIT COURT
FOR THE COUNTY OF
No.
RESIDENTIAL EVICTION COMPLAINT
PLAINTIFF (Landlord or agent):
Address:
City:
State: Zip:
Enrolled House Bill 2464 (HB 2464-INTRO) Page 3
Telephone:
vs.
DEFENDANT (Tenants/Occupants):
MAILING ADDRESS:
City:
State: Zip:
Telephone:
1.
Tenants are in possession of the dwelling unit, premises or rental property described above or
located at:
2.
Landlord is entitled to possession of the property because of:
24-hour notice for personal
injury, substantial damage, extremely
outrageous act or unlawful occupant.
ORS 90.396 or 90.403.
24-hour or 48-hour notice for
violation of a drug or alcohol
program. ORS 90.398.
24-hour notice for perpetrating
domestic violence, sexual assault or
stalking. ORS 90.445.
72-hour notice for
nonpayment of rent in a week-to-week
tenancy. ORS 90.394 (1).
7-day notice with stated cause in
a week-to-week tenancy. ORS 90.392 (6).
10-day notice for a pet violation,
a repeat violation in a month-to-month
tenancy or without stated cause in a
week-to-week tenancy. ORS 90.392 (5),
90.405 or 90.427 (2).
10-day or 13-day notice for nonpayment
of rent. ORS 90.394 (2).
20-day notice for a repeat violation.
ORS 90.630 [(5)] (6).
30-day, 60-day or 180-day notice without
stated cause in a month-to-month
tenancy. ORS 90.427 (3)(b) or (8)(a)(B)
or (C) or 90.429.
30-day notice with stated cause.
ORS 90.392, 90.630 or 90.632:
The stated cause is for
Enrolled House Bill 2464 (HB 2464-INTRO) Page 4
nonpayment as defined in ORS 90.395.
60-day notice with stated cause.
ORS 90.632.
90-day notice with stated cause.
ORS 90.427 (5) or (7).
Notice to bona fide tenants after
foreclosure sale or termination of
fixed term tenancy after foreclosure
sale. ORS 86.782 (6)(c).
Other notice
No notice (explain)
A COPY OF THE NOTICE RELIED UPON, IF ANY, IS ATTACHED
3.
If the landlord uses an attorney, the case goes to trial and the landlord wins in court, the
landlord can collect attorney fees from the defendant pursuant to ORS 90.255 and 105.137 (3).
Landlord requests judgment for possession of the premises, court costs, disbursements and at-
torney fees.
I certify that the allegations and factual assertions in this complaint are true to the best of my
knowledge.
Signature of landlord or agent.
_______________________________________________________________________________________
(2) The complaint must be signed by the plaintiff, or an attorney representing the plaintiff as
provided by ORCP 17, or verified by an agent or employee of the plaintiff or an agent or employee
of an agent of the plaintiff.
(3) A copy of the notice relied upon, if any, must be attached to the complaint.
NOTE: Updates citation in (1) part 2.
SECTION 5.
ORS 147.005 is amended to read:
147.005. As used in ORS 147.005 to 147.367 unless the context requires otherwise:
(1) “Applicant” means:
(a) Any victim of a compensable crime who applies to the Department of Justice for compen-
sation under ORS 147.005 to 147.367;
(b) Any person who was a dependent of a deceased victim at the time of the death of that victim;
(c) Any person who is a survivor of a deceased victim; or
(d) Any person eligible for compensation under ORS 147.025.
(2) “Board” means the Workers’ Compensation Board.
(3) “Child” means an unmarried person who is under 18 years of age and includes a posthumous
child, stepchild or an adopted child.
(4) “Cleaning expenses” means expenses reasonably related to the cleaning of, and the removal
of any organic or inorganic matter from, a private residence or place of business due to physical
injury to or the death of a person, or conduct that caused physical injury to or the death of a per-
son.
(5) “Compensable crime” means abuse of corpse in any degree or an intentional, knowing,
reckless or criminally negligent act that results in injury or death of another person and that, if
committed by a person of full legal capacity, would be punishable as a crime in this state.
(6) “Counseling” has the meaning given that term by the department by rule.
(7) “Department” means the Department of Justice.
Enrolled House Bill 2464 (HB 2464-INTRO) Page 5
[(7)] (8) “Dependent” means such relatives of a deceased victim who wholly or partially were
dependent upon the victim’s income at the time of death or would have been so dependent but for
the victim’s incapacity due to the injury from which the death resulted.
[(8) “Department” means the Department of Justice. ]
(9) “Funeral expenses” means expenses of the funeral, burial, cremation, reduction or other
chosen method of interment, including plot or tomb and other necessary incidents to the disposition
of the remains and also including, in the case of abuse of corpse in any degree, reinterment.
(10) “Injury” means abuse of a corpse, actual bodily harm, mental or emotional harm and, with
respect to a victim, includes pregnancy and mental or nervous shock.
(11) “International terrorism” means activities that:
(a) Involve violent acts or acts dangerous to human life that are a violation of the criminal laws
of the United States or any state or that would be a criminal violation if committed within the ju-
risdiction of the United States or of any state;
(b) Appear to be intended to:
(A) Intimidate or coerce a civilian population;
(B) Influence the policy of a government by intimidation or coercion; or
(C) Affect the conduct of a government by assassination or kidnapping; and
(c) Occur primarily outside the territorial jurisdiction of the United States or transcend national
boundaries in terms of the means by which they are accomplished, the persons they appear intended
to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.
(12) “Involved in the hearing” and “involved in the oral argument” have the meaning given
those terms by the department by rule.
(13) “Law enforcement official” means a sheriff, constable, marshal, municipal police officer,
police officer commissioned by a university under ORS 352.121 or 353.125 or member of the Oregon
State Police and such other persons as may be designated by law as a peace officer.
(14) “Reduction” has the meaning given that term in ORS 97.010.
(15) “Relative” means a person related to the victim within the third degree as determined by
the common law, a spouse, or an individual related to the spouse within the third degree as so de-
termined and includes an individual in an adoptive relationship.
(16) “Survivor” means any spouse, parent, grandparent, guardian, sibling, child or other imme-
diate family member or household member of a deceased victim, or a person to whom a deceased
victim was engaged to be married when the compensable crime occurred.
(17) “Victim” means:
(a) A person:
(A) Killed or injured in this state as a result of a compensable crime perpetrated or attempted
against that person;
(B) Killed or injured in this state while attempting to assist a person against whom a
compensable crime is being perpetrated or attempted, if that attempt of assistance would be ex-
pected of a reasonable person under the circumstances;
(C) Killed or injured in this state while assisting a law enforcement official to apprehend a
person who has perpetrated a crime or to prevent the perpetration of any such crime, if that as-
sistance was in response to the express request of the law enforcement official;
(D) Killed or injured in another state as a result of a criminal episode that began in this state;
(E) Who is an Oregon resident killed or injured as a result of a compensable crime perpetrated
or attempted against the person in a state, within the United States, without a reciprocal crime
victims’ compensation program; or
(F) Who is an Oregon resident killed or injured by an act of international terrorism committed
outside the United States; or
(b) In the case of abuse of corpse in any degree, the corpse or a relative of the corpse.
NOTE: Alphabetizes definitions in (7) and (8).
SECTION 6.
ORS 173.615 is amended to read:
Enrolled House Bill 2464 (HB 2464-INTRO) Page 6
173.615. (1)(a) The Legislative Policy and Research Committee shall consist of the Speaker of the
House of Representatives, the President of the Senate, members of the House appointed by the
Speaker so that there is an equal number of majority party and minority party members of the
House including the Speaker, and members of the Senate appointed by the President so that there
is an equal number of majority party and minority party members of the Senate including the
President. The Speaker of the House of Representatives and the President of the Senate may each
designate, from among the members of the appropriate house, majority party and minority party al-
ternates to exercise powers as members of the committee.
(b) The appointing authorities shall appoint members of a new committee within 30 days after
the earlier of:
(A) The date of the convening of an odd-numbered year regular session of the Legislative As-
sembly; or
(B) The date of the convening of an organizational session of the odd-numbered year regular
session of the Legislative Assembly.
(2)(a) The term of a member of the committee shall expire upon the earlier of:
(A) The date of the convening of the odd-numbered year regular session of the Legislative As-
sembly next following the member’s appointment; or
(B) The date of the convening of an organizational session of the odd-numbered year regular
session of the Legislative Assembly next following the member’s appointment.
(b) Vacancies occurring in the membership of the committee shall be filled by the appointing
authority so as to ensure an equal number of majority party and minority party members from the
appropriate house.
(3) The committee has a continuing existence and may meet, act and conduct its business during
the sessions of the Legislative Assembly or any recess thereof, and in the interim period between
sessions, but the committee has no authority to affect the rules of either house.
(4) The committee may appoint advisory committees or subcommittees. [ Except as otherwise
provided in this subsection, ] Individuals other than members of the Legislative Assembly may serve
on such advisory committees or subcommittees. A member of an advisory committee or subcommit-
tee who is not a member of the Legislative Assembly shall be compensated and reimbursed in the
manner provided in ORS 292.495.
(5) The committee may not transact business unless a quorum is present. A quorum consists of
a majority of committee members from the House of Representatives and a majority of committee
members from the Senate.
(6) Action by the committee requires the affirmative vote of a majority of committee members
from the House of Representatives and a majority of committee members from the Senate.
NOTE: Deletes nonsensical phrase in (4).
SECTION 7.
ORS 192.610 is amended to read:
192.610. As used in ORS 192.610 to 192.705:
(1) “Convening” means:
(a) Gathering in a physical location;
(b) Using electronic, video or telephonic technology to be able to communicate
contemporaneously among participants;
(c) Using serial electronic written communication among participants; or
(d) Using an intermediary to communicate among participants.
(2) “Decision” means any determination, action, vote or final disposition upon a motion, pro-
posal, resolution, order, ordinance or measure on which a vote of a governing body is required, at
any meeting at which a quorum is present.
(3) “Deliberation” means discussion or communication that is part of a decision-making process.
(4) “Executive session” means any meeting or part of a meeting of a governing body [ which]
that is closed to certain persons for deliberation on certain matters.
Enrolled House Bill 2464 (HB 2464-INTRO) Page 7
(5) “Governing body” means the members of any public body [ which] that consists of two or
more members, with the authority to make decisions for or recommendations to a public body on
policy or administration.
[(6) “Public body” means the state, any regional council, county, city or district, or any municipal
or public corporation, or any board, department, commission, council, bureau, committee or subcom-
mittee or advisory group or any other agency thereof. ]
[(7)(a)] (6)(a) “Meeting” means the convening of a governing body of a public body for which a
quorum is required in order to make a decision or to deliberate toward a decision on any matter.
(b) “Meeting” does not include any on-site inspection of any project or program or the attend-
ance of members of a governing body at any national, regional or state association to which the
public body or the members belong.
(7) “Public body” means the state, any regional council, county, city or district, or any
municipal or public corporation, or any board, department, commission, council, bureau,
committee or subcommittee or advisory group or any other agency thereof.
NOTE: Improves syntax in (4) and (5); alphabetizes definitions in (6) and (7).
SECTION 8.
ORS 196.515 is amended to read:
196.515. ORS 196.405 to [ 196.485] 196.515 shall be known as the Oregon Ocean Resources Man-
agement Act.
NOTE: Standardizes series reference.
SECTION 9. ORS 197A.110 is amended to read:
197A.110. (1) No later than February 1 of each year, each city with a population of 10,000 or
greater shall submit to the Department of Land Conservation and Development a report for the
immediately preceding calendar year setting forth:
(a) The number of residential units permitted and the number produced, segmented by:
(A) Single-family homes.
(B) Accessory dwelling units.
(C) Units of middle housing.
(D) Multifamily residential units, not including middle housing.
(E) Units with accessibility features or of an accessibility category as recognized by a building
code established under ORS chapter 455.
(b) For each segment under paragraph (a) of this subsection, the number of units that were
subject to a recorded agreement that runs with the land and that requires affordability for an es-
tablished income level for a defined period, but that would not be included in the inventory of pub-
licly supported housing described in ORS 456.601 [ (3)(a)] (4)(a).
(2) The Department of Land Conservation and Development, in consultation with the Housing
and Community Services Department, shall develop a format by which data required under this
section must be submitted. The Department of Land Conservation and Development shall provide a
copy of any form or notice of the format to each city required to provide a report.
(3) The Department of Land Conservation and Development shall provide a copy of the data
received under this section to the Oregon Department of Administrative Services and the Housing
and Community Services Department by July 1 of each year.
NOTE: Corrects citation in (1)(b).
SECTION 10.
ORS 197A.370 is amended to read:
197A.370. (1) [ A metropolitan service district organized under ORS chapter 268 ] Metro shall
compile and report to the Department of Land Conservation and Development on performance
measures as described in this section at least once every two years. The information shall be re-
ported in a manner prescribed by the department.
(2) Performance measures subject to subsection (1) of this section shall be adopted by [ a metro-
politan service district ] Metro and shall include but are not limited to measures that analyze the
following:
(a) The rate of conversion of vacant land to improved land;
Enrolled House Bill 2464 (HB 2464-INTRO) Page 8
(b) The density and price ranges of residential development, including both single family and
multifamily residential units;
(c) The level of job creation within individual cities and the urban areas of a county inside [ the
metropolitan service district ] Metro ;
(d) The number of residential units added to small sites assumed to be developed in [ the metro-
politan service district’s ] Metro’s inventory of available lands but which can be further developed,
and the conversion of existing spaces into more compact units with or without the demolition of
existing buildings;
(e) The amount of environmentally sensitive land that is protected and the amount of environ-
mentally sensitive land that is developed;
(f) The sales price of vacant land;
(g) Residential vacancy rates;
(h) Public access to open spaces; and
(i) Transportation measures including mobility, accessibility and air quality indicators.
NOTE: Updates terminology in (1), (2), (2)(c) and (d).
SECTION 11.
Notwithstanding any other provision of law, ORS 243.650 to 243.809 is con-
sidered to be identical to ORS 243.650 to 243.762 for the purpose of statutory compilation or
for the application of definitions, penalties or administrative provisions applicable to statute
sections in that series.
NOTE: Ratifies appropriate series reference in ORS 240.321 (2) to conform to reference that
was editorially adjusted in 2019.
SECTION 12. ORS 253.005 is amended to read:
253.005. As used in this chapter:
(1) “Absent elector” means a person to whom the county clerk has issued a ballot prior
to the date that ballots are mailed to electors as provided in ORS 254.470 (2)(a) or (b).
[(1)] (2) “Clerk” means the county clerk.
[(2)] (3) “County clerk” means the county clerk or the county official in charge of elections.
[(3)] (4) “Elector” means an individual qualified to vote under [ section 2, ] Article II, section 2,
Oregon Constitution.
[(4) “Absent elector” means a person to whom the county clerk has issued a ballot prior to the date
that ballots are mailed to electors as provided in ORS 254.470 (2)(a) or (b). ]
NOTE: Alphabetizes definitions; updates citation format in (4).
SECTION 13.
ORS 327.829 is amended to read:
327.829. (1) As part of the Early Literacy Success Initiative, the Department of Education shall
establish and administer the Early Literacy Success School Grant program.
(2) Under the program, the department shall award annual grants to school districts and to
public charter schools that are elementary schools. The grants must be used to implement the pur-
poses of the Early Literacy Success Initiative, as identified in ORS 327.827, by funding the following:
(a) The provision of professional development and coaching in research-aligned literacy strate-
gies to teachers and administrators in early elementary grades to improve early literacy instruction.
(b) The provision of extended learning programs that use research-aligned literacy strategies
and that are made available to students in early elementary grades by licensed teachers or by
qualified tutors. The extended learning programs may include:
(A) Home-based summer reading activities for students who need additional support and
enrichment; and
(B) An intensive summer school program for students who need the most additional support and
who receive at least 60 hours of direct literacy instruction by an instructional assistant or a li-
censed teacher trained in research-aligned literacy strategies.
(c) The provision of high-dosage tutoring to students in early elementary grades that integrates
reading and writing and that is delivered by a qualified tutor using developmentally appropriate
practices.
Enrolled House Bill 2464 (HB 2464-INTRO) Page 9
(d) The adoption of curricula that uses research-aligned literacy strategies and the implementa-
tion of that curricula. Funding under this paragraph may be used to:
(A) Purchase curricula and materials that are culturally relevant; or
(B) Provide professional development and time for teachers and administrators to attend training
related to the curricula.
(e) The employment of literacy specialists, coaches or interventionists.
(3) A grant received under ORS 327.833 may be used only for purposes identified in subsection
(2) of this section for the benefit of children and students in prekindergarten through grade three.
(4) The State Board of Education may adopt any rules necessary for the administration of grants
under ORS 327.829 to 327.837. Rules shall, to the greatest extent practicable, prioritize schools with
the lowest rates of proficiency in literacy and assist in the operational alignment of grant programs
and improvement strategies administered by the Department of Education, including:
(a) Grants distributed from the Student Investment Account, as provided by ORS 327.175 to
327.235;
(b) Apportionments made under the High School Graduation and College and Career Readiness
Act, as provided by ORS 327.853 to 327.895; and
(c) District continuous improvement plans, as described in ORS 329.095.
NOTE: Supplies missing conjunction in (4)(b).
SECTION 14.
ORS 366.744 is amended to read:
366.744. (1) The following moneys shall be allocated as provided in subsection (2) of this section:
(a) The amount attributable to the increase in title fees by the amendments to ORS 803.090 by
section 1, chapter 618, Oregon Laws 2003[ .];
(b) The amount attributable to the increase in registration fees by the amendments to ORS
803.420 by section 2, chapter 618, Oregon Laws 2003, except for the amount paid to the State Parks
and Recreation Department Fund under ORS 366.512; and
(c) The amount attributable to the increase in fees and tax rates by the amendments to ORS
818.225, 825.476 and 825.480 by sections 3, 4 and 5, chapter 618, Oregon Laws 2003.
(2) The moneys described in subsection (1) of this section shall be allocated as follows:
(a) 57.53 percent to the Department of Transportation.
(b) 25.48 percent to the department to pay the principal and interest due on bonds authorized
under ORS 367.620 (3) that are issued for replacement and repair of bridges on county highways.
However, any portion of the 25.48 percent that is not needed for payment of principal and interest
on the bonds described in this paragraph shall be allocated to counties. Moneys allocated to coun-
ties under this paragraph shall be distributed in the same manner as moneys allocated to counties
under ORS 366.739 are distributed.
(c) 16.99 percent to the department to pay the principal and interest due on bonds authorized
under ORS 367.620 (3) that are issued for replacement and repair of bridges on city highways.
However, any portion of the 16.99 percent that is not needed for payment of principal and interest
on the bonds described in this paragraph shall be allocated to cities. Moneys allocated to cities
under this paragraph shall be distributed in the same manner as moneys allocated to cities under
ORS 366.739 are distributed.
(3)(a) Multnomah County shall spend a majority of moneys distributed to it under subsection
(2)(b) of this section on bridges in the county.
(b) Moneys distributed to Multnomah County under subsection (2)(b) of this section that are not
spent on bridges shall be distributed equitably within the county, based on the agreement described
in paragraph (c) of this subsection.
(c) Multnomah County and the cities within the county shall agree upon the distribution of
moneys described in paragraph (b) of this subsection. When the county and the cities have reached
an agreement, they shall notify the Oregon Transportation Commission of the agreement. If the
commission does not receive notice of an agreement by June 30, 2004, the Department of Transpor-
tation may not distribute moneys that would otherwise go to the county under paragraph (b) of this
Enrolled House Bill 2464 (HB 2464-INTRO) Page 10
subsection. Such moneys shall revert to the State Highway Fund for use by the Department of
Transportation.
NOTE: Corrects punctuation in (1)(a).
SECTION 15. ORS 366.924 is amended to read:
366.924. (1) The portion of U.S. Highway 395 that crosses the State of Oregon, beginning at the
California state line and ending at the Washington state line, shall also be known as the World War
I Veterans Memorial Highway.
(2) The portion of Interstate 5 that crosses the State of Oregon, beginning at the California state
line and ending at the Washington state line, shall also be known as the Korean War Veterans
Memorial Highway and as the Purple Heart Trail.
(3) The portion of Interstate 5 beginning in Albany and ending in Salem shall also be known as
the Atomic Veterans and Atomic Cleanup Veterans Memorial Highway.
(4) The portion of U.S. Highway 101 that crosses the State of Oregon, beginning at the
California state line and ending at the Washington state line, shall also be known as the Persian
Gulf, Afghanistan and Iraq Veterans Memorial Highway.
(5) The portion of U.S. Highway 26 beginning where the highway intersects with U.S. Highway
101 and ending at the Idaho state line shall also be known as the POW/MIA Memorial Highway.
(6) The portion of Oregon Route 35 beginning where the highway intersects with U.S. Highway
26 and ending where the highway intersects with U.S. Highway 30 shall also be known as the
Oregon Nisei Veterans World War II Memorial Highway.
(7) The portion of U.S. Highway 30[ ,] beginning where the highway intersects with U.S. Highway
101 and ending at the Idaho state line[ ,] shall also be known as the Oregon Gold Star Families
Memorial Highway.
(8) The Department of Transportation shall place and maintain suitable markers along each
highway described in this section to indicate the designation of each highway.
(9)(a) The department may accept moneys from and may enter into agreements with veterans
groups to create, install and maintain the markers.
(b) The department may not use public funds for the installation and maintenance of the mark-
ers.
NOTE: Standardizes punctuation in (7).
SECTION 16. ORS 413.213 is amended to read:
413.213. (1) The Community Acute Psychiatric Facility Capacity Program Fund is established in
the State Treasury, separate and distinct from the General Fund. Interest earned by the Community
Acute Psychiatric Facility Capacity Program Fund must be credited to the fund. The Community
Acute Psychiatric Facility Capacity Program Fund consists of moneys deposited in the fund under
section 13, chapter 599, Oregon Laws 2023, moneys appropriated, allocated, deposited[ ,] or trans-
ferred to the fund by the Legislative Assembly or otherwise and interest earned on moneys in the
fund.
(2) Moneys in the fund are continuously appropriated to the Oregon Health Authority for the
purpose of providing grants to increase community acute psychiatric facility capacity.
NOTE: Improves punctuation in (1).
SECTION 17. ORS 414.245 is amended to read:
414.245. The Bridge [ Plan] Program Fund is established in the State Treasury, separate and
distinct from the General Fund, consisting of federal funds received by the Oregon Health Authority
to administer the bridge program described in ORS 414.241. Moneys in the Bridge [ Plan] Program
Fund are continuously appropriated to the Oregon Health Authority to carry out ORS 414.241.
NOTE: Updates title of fund to reflect program name.
SECTION 18. ORS 415.501 is amended to read:
415.501. (1) The purpose of this section is to promote the public interest and to advance the
goals set forth in ORS 414.018 and the goals of the Oregon Integrated and Coordinated Health Care
Delivery System described in ORS 414.570.
Enrolled House Bill 2464 (HB 2464-INTRO) Page 11
(2) In accordance with subsection (1) of this section, the Oregon Health Authority shall adopt
by rule criteria approved by the Oregon Health Policy Board for the consideration of requests by
health care entities to engage in a material change transaction and procedures for the review of
material change transactions under this section.
(3)(a) A notice of a material change transaction involving the sale, merger or acquisition of a
domestic health insurer shall be submitted to the Department of Consumer and Business Services
as an addendum to filings required by ORS 732.517 to 732.546 or 732.576. The department shall
provide to the authority the notice submitted under this subsection to enable the authority to con-
duct a review in accordance with subsections (5) and (7) of this section. The authority shall notify
the department of the outcome of the authority’s review.
(b) The department shall make the final determination in material change transactions involving
the sale, merger or acquisition of a domestic health insurer and shall coordinate with the authority
to incorporate the authority’s review into the department’s final determination.
(4) An entity shall submit to the authority a notice of a material change transaction, other than
a transaction described in subsection (3) of this section, in the form and manner prescribed by the
authority, no less than 180 days before the date of the transaction and shall pay a fee prescribed
in ORS 415.512.
(5) No later than 30 days after receiving a notice described in subsections (3) and (4) of this
section, the authority shall conduct a preliminary review to determine if the transaction has the
potential to have a negative impact on access to affordable health care in this state and meets the
criteria in subsection (9) of this section.
(6) Following a preliminary review, the authority or the department shall approve a transaction
or approve a transaction with conditions designed to further the goals described in subsection (1)
of this section based on criteria prescribed by the authority by rule, including but not limited to:
(a) If the transaction is in the interest of consumers and is urgently necessary to maintain the
solvency of an entity involved in the transaction; or
(b) If the authority determines that the transaction does not have the potential to have a neg-
ative impact on access to affordable health care in this state or the transaction is likely to meet the
criteria in subsection (9) of this section.
(7)(a) Except as provided in paragraph (b) of this subsection, if a transaction does not meet the
criteria in subsection (6) of this section, the authority shall conduct a comprehensive review and
may appoint a review board of stakeholders to conduct a comprehensive review and make recom-
mendations as provided in subsections (11) to (18) of this section. The authority shall complete the
comprehensive review no later than 180 days after receipt of the notice unless the parties to the
transaction agree to an extension of time.
(b) The authority or the department may intervene in a transaction described in ORS 415.500
[(6)(a)(C)] (6)(a)(B) in which the final authority rests with another state and, if the transaction is
approved by the other state, may place conditions on health care entities operating in this state
with respect to the insurance or health care industry market in this state, prices charged to patients
residing in this state and the services available in health care facilities in this state, to serve the
public good.
(8) The authority shall prescribe by rule:
(a) Criteria to exempt an entity from the requirements of subsection (4) of this section if there
is an emergency situation that threatens immediate care services and the transaction is urgently
needed to protect the interest of consumers;
(b) Provision for the authority’s failure to complete a review under subsection (5) of this section
within 30 days; and
(c) Criteria for when to conduct a comprehensive review and appoint a review board under
subsection (7) of this section that must include, but is not limited to:
(A) The potential loss or change in access to essential services;
(B) The potential to impact a large number of residents in this state; or
(C) A significant change in the market share of an entity involved in the transaction.
Enrolled House Bill 2464 (HB 2464-INTRO) Page 12
(9) A health care entity may engage in a material change transaction if, following a compre-
hensive review conducted by the authority and recommendations by a review board appointed under
subsection (7) of this section, the authority determines that the transaction meets the criteria
adopted by the department by rule under subsection (2) of this section and:
(a)(A) The parties to the transaction demonstrate that the transaction will benefit the public
good and communities by:
(i) Reducing the growth in patient costs in accordance with the health care cost growth targets
established under ORS 442.386 or maintain a rate of cost growth that exceeds the target that the
entity demonstrates is the best interest of the public;
(ii) Increasing access to services in medically underserved areas; or
(iii) Rectifying historical and contemporary factors contributing to a lack of health equities or
access to services; or
(B) The transaction will improve health outcomes for residents of this state; and
(b) There is no substantial likelihood of anticompetitive effects from the transaction that out-
weigh the benefits of the transaction in increasing or maintaining services to underserved popu-
lations.
(10) The authority may suspend a proposed material change transaction if necessary to conduct
an examination and complete an analysis of whether the transaction is consistent with subsection
(9) of this section and the criteria adopted by rule under subsection (2) of this section.
(11)(a) A review board convened by the authority under subsection (7) of this section must
consist of members of the affected community, consumer advocates and health care experts. No more
than one-third of the members of the review board may be representatives of institutional health
care providers. The authority may not appoint to a review board an individual who is employed by
an entity that is a party to the transaction that is under review or is employed by a competitor that
is of a similar size to an entity that is a party to the transaction.
(b) A member of a review board shall file a notice of conflict of interest and the notice shall
be made public.
(12) The authority may request additional information from an entity that is a party to the ma-
terial change transaction, and the entity shall promptly reply using the form of communication re-
quested by the authority and verified by an officer of the entity if required by the authority.
(13)(a) An entity may not refuse to provide documents or other information requested under
subsection (4) or (12) of this section on the grounds that the information is confidential.
(b) Material that is privileged or confidential may not be publicly disclosed if:
(A) The authority determines that disclosure of the material would cause harm to the public;
(B) The material may not be disclosed under ORS 192.311 to 192.478; or
(C) The material is not subject to disclosure under ORS 705.137.
(c) The authority shall maintain the confidentiality of all confidential information and documents
that are not publicly available that are obtained in relation to a material change transaction and
may not disclose the information or documents to any person, including a member of the review
board, without the consent of the person who provided the information or document. Information
and documents described in this paragraph are exempt from disclosure under ORS 192.311 to
192.478.
(14) The authority or the Department of Justice may retain actuaries, accountants or other
professionals independent of the authority who are qualified and have expertise in the type of ma-
terial change transaction under review as necessary to assist the authority in conducting the anal-
ysis of a proposed material change transaction. The authority or the Department of Justice shall
designate the party or parties to the material change transaction that shall bear the reasonable and
actual cost of retaining the professionals.
(15) A review board may hold up to two public hearings to seek public input and otherwise en-
gage the public before making a determination on the proposed transaction. A public hearing must
be held in the service area or areas of the health care entities that are parties to the material
change transaction. At least 10 days prior to the public hearing, the authority shall post to the
Enrolled House Bill 2464 (HB 2464-INTRO) Page 13
authority’s website information about the public hearing and materials related to the material
change transaction, including:
(a) A summary of the proposed transaction;
(b) An explanation of the groups or individuals likely to be impacted by the transaction;
(c) Information about services currently provided by the health care entity, commitments by the
health care entity to continue such services and any services that will be reduced or eliminated;
(d) Details about the hearings and how to submit comments, in a format that is easy to find and
easy to read; and
(e) Information about potential or perceived conflicts of interest among executives and members
of the board of directors of health care entities that are parties to the transaction.
(16) The authority shall post the information described in subsection (15)(a) to (d) of this section
to the authority’s website in the languages spoken in the area affected by the material change
transaction and in a culturally sensitive manner.
(17) The authority shall provide the information described in subsection (15)(a) to (d) of this
section to:
(a) At least one newspaper of general circulation in the area affected by the material change
transaction;
(b) Health facilities in the area affected by the material change transaction for posting by the
health facilities; and
(c) Local officials in the area affected by the material change transaction.
(18) A review board shall make recommendations to the authority to approve the material
change transaction, disapprove the material change transaction or approve the material change
transaction subject to conditions, based on subsection (9) of this section and the criteria adopted
by rule under subsection (2) of this section. The authority shall issue a proposed order and allow
the parties and the public a reasonable opportunity to make written exceptions to the proposed or-
der. The authority shall consider the parties’ and the public’s written exceptions and issue a final
order setting forth the authority’s findings and rationale for adopting or modifying the recommen-
dations of the review board. If the authority modifies the recommendations of the review board, the
authority shall explain the modifications in the final order and the reasons for the modifications.
A party to the material change transaction may contest the final order as provided in ORS chapter
183.
(19) A health care entity that is a party to an approved material change transaction shall notify
the authority upon the completion of the transaction in the form and manner prescribed by the au-
thority. One year, two years and five years after the material change transaction is completed, the
authority shall analyze:
(a) The health care entities’ compliance with conditions placed on the transaction, if any;
(b) The cost trends and cost growth trends of the parties to the transaction; and
(c) The impact of the transaction on the health care cost growth target established under ORS
442.386.
(20) The authority shall publish the authority’s analyses and conclusions under subsection (19)
of this section and shall incorporate the authority’s analyses and conclusions under subsection (19)
of this section in the report described in ORS 442.386 (6).
(21) This section does not impair, modify, limit or supersede the applicability of ORS 65.800 to
65.815, 646.605 to 646.652 or 646.705 to 646.805.
(22) Whenever it appears to the Director of the Oregon Health Authority that any person has
committed or is about to commit a violation of this section or any rule or order issued by the au-
thority under this section, the director may apply to the Circuit Court for Marion County for an
order enjoining the person, and any director, officer, employee or agent of the person, from the vi-
olation, and for such other equitable relief as the nature of the case and the interest of the public
may require.
(23) The remedies provided under this section are in addition to any other remedy, civil or
criminal, that may be available under any other provision of law.
Enrolled House Bill 2464 (HB 2464-INTRO)Page 14
(24) The authority may adopt rules necessary to carry out the provisions of this section.
NOTE: Corrects citation in (7)(b).
SECTION 19.
ORS 421.173 is amended to read:
421.173. (1) The Department of Corrections shall establish a doula program for pregnant and
postpartum adults in custody at the Coffee Creek Correctional Facility.
(2) The doula program must provide doula services to adults in custody who are pregnant or
who have given birth in the last year. Persons providing doula services must be granted appropriate
facility access, must be allowed to attend and provide assistance during labor and childbirth when
feasible and must have access to the [ adult in custody’s ] relevant health information of the adult
in custody if the adult in custody authorizes disclosure.
(3) The department shall have one employee serve as the contact and coordinator for all persons
providing doula services at the Coffee Creek Correctional Facility.
(4) Doula services are services provided by a trained doula that are designed to provide phys-
ical, emotional or informational support to a pregnant adult before, during and after delivery of a
child. Doula services provided to adults in custody at the Coffee Creek Correctional Facility must
include, but are not limited to:
(a) Prenatal, postpartum and parent education;
(b) Development of a trauma-informed and culturally specific birth plan for each pregnant adult
in custody;
(c) In-person attendance by a doula at routine prenatal visits, ultrasound imaging appointments
and lab testing appointments;
(d) Consultation and participation in the determination of the stages and progression of labor
when determining the transport to a hospital or other delivery facility;
(e) Culturally specific and trauma-informed support and assistance during labor and childbirth
and the postpartum period;
(f) Assistance with breastfeeding or milk expression after childbirth if requested by the adult in
custody;
(g) Enrollment of the adult in custody in the breastfeeding program and in a breastmilk trans-
portation program for delivery of the mother’s milk to the infant, including facilitating access to a
breast pump and pumping supplies; and
(h) Support in the event an adult in custody has been or will become separated from her child.
(5) Services provided under this section may not supplant health care services routinely pro-
vided to adults in custody.
(6) For each adult in custody who is being provided transport to a hospital for labor and deliv-
ery, the department transport officer shall have a checklist of the policies to be adhered to during
the transport and a copy of the birth plan.
(7) If it is not feasible for a doula to attend and provide assistance during the labor and delivery
of an adult in custody, the reason for the lack of feasibility for a doula’s attendance must be docu-
mented in the [ adult in custody’s ] medical file of the adult in custody and an alternative birth plan
must be developed, implemented and documented in the medical file.
(8) The department may partner with community professionals who have been credentialed in
their line of service, trained or otherwise have specific expertise to provide the doula services de-
scribed in this section.
(9) As used in this section, “postpartum period” means a period of one year following childbirth.
NOTE: Improves syntax in (2) and (7).
SECTION 20.
ORS 421.175 is amended to read:
421.175. (1) An adult in custody may not be restrained mechanically during labor, childbirth or
postpartum recovery in a hospital unless:
(a) The mechanical restraints are reasonably necessary, as determined by a supervising officer,
for the safety and security of the adult in custody, correctional staff, other persons or the public;
and
Enrolled House Bill 2464 (HB 2464-INTRO) Page 15
(b) The attending physician determines that use of the mechanical restraints does not present
a medical risk to the adult in custody.
(2) Notwithstanding subsection (1) of this section, the use of a mechanical restraint:
(a) May not interfere with the [ adult in custody’s ] ability of the adult in custody to hold the
infant, nurse the infant, establish a milk supply, obtain lactation support or receive other
postpartum recovery care from hospital staff.
(b) Must be in the least restrictive manner possible.
NOTE: Improves syntax in (2)(a).
SECTION 21.
ORS 427.265 is amended to read:
427.265. (1) At the time that a person who is alleged to have an intellectual disability and to
be in need of commitment for residential care, treatment and training is brought before the court,
the court shall advise the person of the reason for being brought before the court, the nature of the
proceedings and the possible results of the proceedings. The court shall also advise the person of
the right to subpoena witnesses and to suitable legal counsel possessing skills and experience
commensurate with the nature of the allegations and complexity of the case during the proceedings,
and that if the person does not have funds with which to retain suitable legal counsel, the court
shall appoint such legal counsel to represent the person. If the person does not request legal coun-
sel, the legal guardian, relative or friend may request the assistance of legal counsel on behalf of
the person.
(2) If no request for legal counsel is made, the court shall appoint suitable legal counsel.
(3) If the person is unable to afford legal counsel, the court, if the matter is before a county or
justice court, or the executive director of the Oregon Public Defense Commission, if the matter is
before the circuit court, shall determine and allow, as provided in ORS 135.055, the reasonable ex-
penses of the person and compensation for legal counsel. The expenses and compensation so allowed
by a county court shall be paid by the county of residence of the person. The expenses and com-
pensation determined by the executive director shall be paid by the executive director from funds
available for the purpose. In all cases legal counsel shall be present at the hearing and may examine
all witnesses offering testimony, and otherwise represent the person.
(4) The court may, for good cause, postpone the hearing for not more than 72 hours to allow
preparation for the hearing and order the continuation of detention authorized under ORS 427.255
during a postponement, if requested by the person, the legal counsel, the guardian of the person[ ,]
or an examiner or on the court’s own motion.
NOTE: Improves syntax in (4).
SECTION 22.
ORS 430.717 is amended to read:
430.717. (1) As used in this section:
(a) “Children and adolescents” means individuals 20 years old and younger.
(b) “Coordinated care organization” has the meaning given that term in ORS 414.025.
(c) “Insurer” means an insurer, as defined in ORS 731.106, that has a certificate of insurance
to transact health insurance in this state, other than disability insurance.
(d) “Intensive behavioral health treatment provider” means any provider licensed in this state
to provide intensive psychiatric treatment, acute inpatient treatment or residential substance use
disorder treatment of children and adolescents.
(2) Intensive behavioral health treatment providers, coordinated care organizations and insurers
shall collect and provide data to the Oregon Health Authority, or to a third party vendor that
contracts with the authority, in the manner prescribed by the authority on the demand for and ca-
pacity to provide treatment of children and adolescents presenting with high acuity behavioral
health needs. Intensive behavioral health treatment providers shall submit:
(a) Data on bed capacity;
(b) Referrals received, by provider; and
(c) Other information prescribed by the authority.
(3) The authority may provide funding to intensive behavioral health treatment providers to
collect and provide the data described in subsection (2) of this section.
Enrolled House Bill 2464 (HB 2464-INTRO)Page 16
(4) The authority shall use the data described in subsection (2) of this section to:
(a) Monitor and track the capacity of intensive behavioral health treatment providers to provide
treatment of children and adolescents presenting with high acuity behavioral health needs;
(b) Identify gaps in data that prevent the tracking of intensive behavioral health service ca-
pacity and develop a plan for addressing the gaps that includes providing assistance to providers
and modifying required data elements that must be reported;
(c) Develop benchmarks and performance measures for intensive behavioral health treatment
capacity; and
(d) Conduct research and evaluation of the children’s and adolescents’ continuum of care.
(5) The authority shall share data and coordinate processes with the Department of Human
Services to populate the Children’s System Data Dashboard described in ORS 418.981.
(6) The authority shall adopt rules to carry out the provisions of this section, including rules
establishing:
(a) Parameters and specifications for data collection;
(b) Processes for intensive behavioral health treatment providers to submit data for the estab-
lishment of a centralized, real-time provider directory, bed registry and access portal;
(c) Requirements for the frequency of data submissions;
(d) Requirements for coordinated care organizations and insurers to collect and report, for
members and insureds treated by intensive behavioral health treatment providers, data not submit-
ted by providers under this section;
(e) A process for monitoring and documenting the need for high acuity behavioral health ser-
vices for children and adolescents; and
(f) The authority’s responsibilities for reporting data back to providers[ ; and ].
[(g) Measures to ensure compliance with data collection standards established under section 40,
chapter 12, Oregon Laws 2020 (first special session). ]
(7) The authority shall contract with an Oregon-based nonprofit organization with the expertise
to operate a call center dedicated to tracking and providing information about available placement
settings for children and adolescents needing high acuity behavioral health services.
(8) The call center shall also be responsible for:
(a) Implementing processes for service providers to submit data that can be used to assess and
monitor, on a daily basis, statewide capacity to provide high acuity behavioral health services to
children and adolescents;
(b) Recording the time from the first contact with the call center to the location of an appro-
priate placement; and
(c) Documenting the need for high acuity behavioral health services for children and adoles-
cents.
NOTE: Deletes reference to repealed law in (6)(g).
SECTION 23.
Notwithstanding any other provision of law, ORS 441.416, 441.417 and 441.418
shall not be considered to have been added to or made a part of ORS chapter 441 for the
purpose of statutory compilation or for the application of definitions, penalties or adminis-
trative provisions applicable to statute sections in that chapter.
NOTE: Removes statutes from inappropriate chapter.
SECTION 24.
ORS 443.485 is amended to read:
443.485. (1) Subject to ORS 443.490, a person that owns or operates a community-based struc-
tured housing facility offered to the general public that is not licensed or registered under any other
law of this state or under a city or county ordinance or regulation shall register the name and ad-
dress of the owner or operator [ if] of the facility with:
(a) The Oregon Health Authority if the facility provides services and support to two or more
adult residents, not related to the person by blood or marriage, who have mental, emotional, be-
havioral or substance use disorders; or
Enrolled House Bill 2464 (HB 2464-INTRO) Page 17
(b) The Department of Human Services if the facility provides services and support to two or
more adult residents, not related to the resident by blood or marriage, who are elderly or who have
disabilities.
(2) The registration fee is $20 annually.
(3) The authority or the department shall establish by rule reasonable and appropriate standards
for the operation of facilities subject to ORS 443.480 to 443.500 that fall within their respective ju-
risdictions. The standards must be consistent with the residential nature of the facilities and must
address, at a minimum, the:
(a) Physical properties of a facility;
(b) Storage, preparation and serving of food at a facility that provides prepared meals;
(c) Storage, preparation and dispensing of medications and the assistance provided by staff to
adult residents in taking medications; and
(d) Number, experience and training of the staff of a facility.
(4) The authority or the department shall provide evidence of the registration to the person. The
evidence shall be posted in a facility.
(5) The authority or the department may impose a civil penalty not to exceed $5,000 for:
(a) Operating without registration as required under this section; or
(b) A violation of ORS 443.880 or 443.881.
(6) The authority or the department may suspend or revoke registration or deny the issuance
of registration for violation of any statute, rule, ordinance or regulation relating to the facility.
(7) Rules adopted under subsection (3) of this section must avoid imposing on facilities regulated
by federal agencies any reporting requirements or review processes that duplicate the reporting
requirements or review processes imposed by the federal agency.
(8) A facility is not required to register with both the authority and the department under this
section. If a facility is subject to registration by both the authority and the department, the Director
of the Oregon Health Authority and the Director of Human Services shall jointly determine with
which agency the facility must register.
NOTE: Corrects word choice in (1).
SECTION 25.
ORS 456.603 is amended to read:
456.603. In any year in which a housing indicator demonstrates that at least 25 percent of the
renter households in a city are severely rent burdened under ORS 456.602 (2)(g), the governing body
of the city shall hold at least one public meeting to discuss the causes and consequences of severe
rent burdens within the city, the barriers to reducing rent burdens and possible solutions. The
Housing and Community Services Department may adopt rules governing the conduct of the public
meeting.
NOTE: Supplies missing word.
SECTION 26.
ORS 468.463 is amended to read:
468.463. (1) As used in this section, “qualifying vehicle” means a motor vehicle, as defined in
ORS 801.360, or a combination of vehicles operated as a unit, that:
(a) Has a gross vehicle weight rating of 8,501 pounds or greater;
(b) Has a drivetrain that produces zero exhaust emissions of any criteria pollutant or
greenhouse gas; and
(c) Meets other criteria established by the Environmental Quality Commission by rule.
(2) The Department of Environmental Quality shall establish a program for providing rebates to
persons that purchase or lease qualifying vehicles for use in this state. The Director of the De-
partment of Environmental Quality may hire or contract with a third-party nonprofit organization
to implement and serve as the administrator of the program required by this section.
(3) The department may:
(a) Specify design features for the program; and
(b) Establish procedures to:
(A) Prioritize available moneys for specific qualifying vehicles;
(B) Limit the number of rebates available for each type of qualifying vehicle; and
Enrolled House Bill 2464 (HB 2464-INTRO) Page 18
(C) Limit the number of rebates available per applicant.
(4) The purchaser or lessee of a qualifying vehicle may apply for a rebate or may choose to
assign the rebate to a vehicle dealer.
(5) Rebates under the program shall be made from moneys credited to or deposited in the Zero-
Emission [ Medium and Heavy Duty ] Medium- and Heavy-Duty Vehicle Incentive Fund established
under ORS 468.469.
(6)(a) The department shall prescribe the rebate application procedure for purchasers and
lessees.
(b) The department may establish a dealer application or individual application procedure.
(c) All rebate applications must include a declaration under penalty of perjury in the form re-
quired by ORCP 1 E.
(7)(a) Rebates for qualifying vehicles shall be set annually at amounts determined by the Envi-
ronmental Quality Commission by rule.
(b) The commission may establish separate rebate amounts for different classes of vehicles.
(c) The commission may establish an additional rebate for the purchase or lease of qualifying
vehicles that will be registered to an address, or frequently operated, in an area of this state that
is disproportionately burdened by air pollution as determined by the commission.
(8) To be eligible for a rebate, a person requesting a rebate under the program shall:
(a) Purchase or lease a qualifying vehicle. A lease must have a minimum term of 36 months.
(b) Provide proof of an intent to operate the qualifying vehicle primarily in this state, which
must be satisfied by providing proof of registration of the qualifying vehicle in Oregon, which may
include proof of proportional registration under ORS 826.009 or 826.011 issued by the Department
ofTransportation.
(c) Submit an application for a rebate to the administrator of the program within three months
after the date of purchase of the qualifying vehicle or three months after the date the lease of the
qualifying vehicle begins.
(d) Retain registration of the qualifying vehicle for a minimum of 36 consecutive months after
the date of purchase or the date the lease begins.
(9)(a) More than 50 percent of the operation of the qualifying vehicle must occur in Oregon.
(b) In each of the three years following receipt of a rebate, a rebate recipient shall:
(A) Maintain records of the miles driven or hours of use for the qualifying vehicle and whether
the miles driven or hours used occurred in Oregon; and
(B) Provide an annual report to the department to demonstrate that more than 50 percent of the
miles driven or hours of use of the qualifying vehicle occurred in Oregon.
(10) A rebate recipient may not make or allow any modifications to the qualifying vehicle’s
emissions control systems, hardware or software calibrations.
(11)(a) If a rebate recipient sells the qualifying vehicle or terminates the qualifying vehicle lease
before the end of 36 months, the rebate recipient shall:
(A) Notify the administrator of the program of the sale; and
(B) Reimburse the administrator for the rebate in a prorated amount based on the number of
months that the rebate recipient owned or leased the qualifying vehicle.
(b) The administrator may waive the reimbursement requirement under paragraph (a) of this
subsection if the administrator determines that a waiver is appropriate given unforeseeable or una-
voidable circumstances that gave rise to a need for the rebate recipient to sell the qualifying vehicle
or terminate the qualifying vehicle lease before the end of 36 months.
(12) Rebate recipients are required to participate in ongoing research efforts, if requested to do
so by the administrator.
(13) The administrator of the program shall work to ensure timely payment of rebates with a
goal of paying rebates within 90 days after receiving an application for a rebate.
(14) A vehicle dealer may advertise the program on the premises owned or operated by the ve-
hicle dealer. If no moneys are available from the program or the program otherwise changes, a ve-
Enrolled House Bill 2464 (HB 2464-INTRO) Page 19
hicle dealer who advertises the program may not be held liable for advertising false or misleading
information.
(15) The department may perform activities necessary to ensure that recipients of rebates under
this section comply with applicable requirements. If the department determines that a recipient has
not complied with applicable requirements, the department may order the recipient to refund all
rebate moneys and may impose penalties pursuant to ORS 468.140.
(16) The commission may adopt any rules necessary to carry out the provisions of this section.
NOTE: Improves punctuation in (5).
SECTION 27.
ORS 468.469 is amended to read:
468.469. (1) The Zero-Emission [ Medium and Heavy Duty ] Medium- and Heavy-Duty Vehicle
Incentive Fund is established in the State Treasury, separate and distinct from the General Fund.
Interest earned by the Zero-Emission [ Medium and Heavy Duty ] Medium- and Heavy-Duty Vehicle
Incentive Fund shall be credited to the fund.
(2) Moneys in the Zero-Emission [ Medium and Heavy Duty ] Medium- and Heavy-Duty Vehicle
Incentive Fund shall consist of:
(a) Amounts donated to the fund;
(b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly;
(c) Other amounts deposited in the fund from any public or private source; and
(d) Interest earned by the fund.
(3) Moneys in the Zero-Emission [Medium and Heavy Duty ] Medium- and Heavy-Duty Vehicle
Incentive Fund are continuously appropriated to the Department of Environmental Quality to be
used to carry out the provisions of ORS 468.463.
(4) No more than 15 percent of the moneys deposited in the Zero-Emission [ Medium and Heavy
Duty] Medium- and Heavy-Duty Vehicle Incentive Fund per biennium may be expended to pay
administrative expenses incurred in the administration of ORS 468.463 by:
(a) The department; or
(b) Any third-party organization that the department hires or contracts with under ORS 468.463.
(5)(a) The Environmental Quality Commission shall require by rule that at least 40 percent of
the moneys deposited in the fund per biennium are allocated to fund the provision of rebates for
vehicles located in communities disproportionately burdened by diesel pollution, as described in ORS
468.463 (7)(c).
(b) Notwithstanding paragraph (a) of this subsection, if the department determines that the total
amount of rebates provided to applicants eligible for the rebate described in ORS 468.463 (7)(c) is
unlikely to exceed 40 percent of the total amount of moneys deposited in the fund during a biennium,
the department may release moneys allocated under paragraph (a) of this subsection to be used for
the provision of any rebate under ORS 468.463.
NOTE: Improves punctuation in (1), (2), (3) and (4).
SECTION 28.
ORS 468.498 is amended to read:
468.498. (1) The [ Medium] Medium- and Heavy-Duty Electrification Charging Fund is estab-
lished in the State Treasury, separate and distinct from the General Fund. Interest earned by the
[Medium] Medium- and Heavy-Duty Electrification Charging Fund must be credited to the
[Medium] Medium- and Heavy-Duty Electrification Charging Fund.
(2) Moneys in the [ Medium] Medium- and Heavy-Duty Electrification Charging Fund consist of
amounts donated to the fund, amounts appropriated or otherwise transferred to the fund by the
Legislative Assembly, other amounts deposited to the fund from any public or private source and
interest earned by the fund.
(3) Moneys in the [ Medium] Medium- and Heavy-Duty Electrification Charging Fund are con-
tinuously appropriated to the Department of Environmental Quality for a grant program to support
[medium] medium- and heavy-duty zero emission vehicle charging and fueling infrastructure
projects authorized under ORS 468.035.
(4) Not more than 10 percent of the moneys in the [ Medium] Medium- and Heavy-Duty
Electrification Charging Fund in each biennium may be expended to pay the department’s expenses,
Enrolled House Bill 2464 (HB 2464-INTRO) Page 20
or the expenses of any other person the department hires or with which the department contracts,
to administer the grant program.
NOTE: Improves punctuation in (1), (2), (3) and (4).
SECTION 29. ORS 468A.193, as amended by section 4, chapter 51, Oregon Laws 2024, is
amended to read:
468A.193. (1) The State Department of Energy and the Oregon Climate Action Commission shall,
in coordination with the State Forestry Department, the State Department of Agriculture, the State
Department of Fish and Wildlife, the Oregon Watershed Enhancement Board , the Department of
State Lands, the State Parks and Recreation Department and the Department of Land Conservation
and Development, and in consultation with relevant federal agencies, establish and maintain:
(a) A net biological carbon sequestration and storage baseline for natural and working lands;
(b) Activity-based metrics in accordance with subsection (3) of this section; and
(c) Community impact metrics in accordance with subsection (4) of this section.
(2) The net biological carbon sequestration and storage baseline may use 1990 as a baseline year
if the State Department of Energy determines that there is adequate information to support setting
the baseline at that year.
(3) Activity-based metrics shall be used to evaluate progress toward increasing net biological
carbon sequestration and storage in natural and working lands, as measured against the net carbon
sequestration and storage baseline. Activity-based metrics may include, but need not be limited to,
acres of lands for which certain management practices have been adopted.
(4) Community impact metrics shall be used to evaluate the positive and negative effects, over
time, of strategies for net biological carbon sequestration and storage in natural and working lands
on landowners, land managers and communities. Community impact metrics may include, but need
not be limited to:
(a) Metrics to measure the effects of net biological carbon sequestration and storage strategies
on jobs, local economies, environmental integrity and public health; and
(b) Metrics to evaluate the accessibility of a diverse range of landowners to net biological car-
bon sequestration and storage programs.
(5) Before finalizing the net biological carbon sequestration and storage baseline, activity-based
metrics and community impact metrics, the State Department of Energy and the commission shall
make draft versions publicly available and receive comments from the public, state agencies and the
advisory committee established under ORS 468A.197.
(6) The State Department of Energy and the Oregon Climate Action Commission, in consultation
with the State Forestry Department, the State Department of Agriculture, the Oregon Watershed
Enhancement Board[ ,] and the State Department of Fish and Wildlife, shall establish nonbinding
biological carbon sequestration and storage goals for Oregon’s natural and working lands and up-
date those goals as new information becomes available.
(7) The State Department of Energy may contract with a third party to assist the department
in performing its duties under this section.
NOTE: Supplies missing comma in (1); clarifies entity in (2); inserts missing conjunction in (6)
and deletes comma in conformance with legislative style.
SECTION 30.
ORS 468B.522 is amended to read:
468B.522. The requirements of ORS 468B.510 to 468B.525 do not apply to a bulk oils or liquid
fuels terminal to the extent those requirements are preempted by [ the federal Pipeline Safety Im-
provement Act of 2002, ] 49 U.S.C. 60101 et seq.
NOTE: Deletes inaccurate short title of federal Act.
SECTION 31. ORS 475C.379 is added to and made a part of ORS 475C.005 to 475C.525.
NOTE: Adds statute to appropriate series.
SECTION 32. ORS 475C.582 is amended to read:
475C.582. (1) If a person violates a provision of ORS 475C.540 to 475C.586 or a rule adopted
under ORS 475C.540 to 475C.586 with regard to an industrial hemp-derived vapor item:
Enrolled House Bill 2464 (HB 2464-INTRO)Page 21
(a) The State Department of Agriculture may impose disciplinary action described in ORS
571.285 and impose a civil penalty under ORS 571.348 if the person is a grower or handler
[registered ] licensed under ORS 571.281.
(b) The Oregon Liquor and Cannabis Commission may impose a civil penalty under ORS
475C.644 if the person is not a grower or handler [ registered ] licensed under ORS 571.281.
(2) The commission and the department may adopt rules to carry out this section.
NOTE: Updates terminology in (1)(a) and (b).
SECTION 33.
ORS 475C.644 is amended to read:
475C.644. (1) In addition to any other liability or penalty provided by law, the Oregon Liquor
and Cannabis Commission may impose for each violation of a provision of ORS 475C.600 to 475C.648,
or a rule adopted under a provision of ORS 475C.600 to 475C.648, a civil penalty that does not ex-
ceed $500 for each day that the violation occurs.
(2) The commission shall impose civil penalties under this section in the manner provided by
ORS 183.745.
(3) Moneys collected under this section shall be deposited in the Marijuana Control and Regu-
lation Fund established under ORS 475C.297 and are continuously appropriated to the commission
for the purpose of carrying out the duties, functions and powers of the [ authority] commission un-
der ORS 475C.600 to 475C.648.
NOTE: Replaces reference in (3) with reference to appropriate entity.
SECTION 34. ORS 475C.648 is amended to read:
475C.648. (1) If a person violates a provision of ORS 475C.600 to 475C.648 or a rule adopted
under ORS 475C.600 to 475C.648 with regard to an industrial hemp-derived vapor item:
(a) The State Department of Agriculture may impose disciplinary action described in ORS
571.285 and impose a civil penalty under ORS 571.348 if the person is a grower or handler
[registered ] licensed under ORS 571.281.
(b) The Oregon Liquor and Cannabis Commission may impose a civil penalty under ORS
475C.644 if the person is not a grower or handler [ registered ] licensed under ORS 571.281.
(2) The commission and the department may adopt rules to carry out this section.
NOTE: Updates terminology in (1)(a) and (b).
SECTION 35.
ORS 475C.728 is added to and made a part of ORS 475C.670 to 475C.734.
NOTE: Adds statute to appropriate series.
SECTION 36. ORS 656.260, as amended by section 112, chapter 73, Oregon Laws 2024, is
amended to read:
656.260. (1) Any health care provider or group of medical service providers may make written
application to the Director of the Department of Consumer and Business Services to become certi-
fied to provide managed care to injured workers for injuries and diseases compensable under this
chapter. However, nothing in this section authorizes an organization that is formed, owned or op-
erated by an insurer or employer other than a health care provider to become certified to provide
managed care.
(2) Each application for certification shall be accompanied by a reasonable fee prescribed by the
director. A certificate is valid for such period as the director may prescribe unless sooner revoked
or suspended.
(3) Application for certification shall be made in such form and manner and shall set forth such
information regarding the proposed plan for providing services as the director may prescribe. The
information shall include, but not be limited to:
(a) A list of the names of all individuals who will provide services under the managed care plan,
together with appropriate evidence of compliance with any licensing or certification requirements
for that individual to practice in this state.
(b) A description of the times, places and manner of providing services under the plan.
(c) A description of the times, places and manner of providing other related optional services
the applicants wish to provide.
Enrolled House Bill 2464 (HB 2464-INTRO) Page 22
(d) Satisfactory evidence of ability to comply with any financial requirements to [ insure] ensure
delivery of service in accordance with the plan which the director may prescribe.
(4) The director shall certify a health care provider or group of medical service providers to
provide managed care under a plan if the director finds that the plan:
(a) Proposes to provide medical and health care services required by this chapter in a manner
that:
(A) Meets quality, continuity and other treatment standards adopted by the health care provider
or group of medical service providers in accordance with processes approved by the director; and
(B) Is timely, effective and convenient for the worker.
(b) Subject to any other provision of law, does not discriminate against or exclude from partic-
ipation in the plan any category of medical service providers and includes an adequate number of
each category of medical service providers to give workers adequate flexibility to choose medical
service providers from among those individuals who provide services under the plan. However,
nothing in the requirements of this paragraph shall affect the provisions of ORS 441.055 relating to
the granting of medical staff privileges.
(c) Provides appropriate financial incentives to reduce service costs and utilization without
sacrificing the quality of service.
(d) Provides adequate methods of peer review, service utilization review, quality assurance,
contract review and dispute resolution to ensure appropriate treatment or to prevent inappropriate
or excessive treatment, to exclude from participation in the plan those individuals who violate these
treatment standards and to provide for the resolution of such medical disputes as the director con-
siders appropriate. A majority of the members of each peer review, quality assurance, service utili-
zation and contract review committee shall be physicians licensed to practice medicine by the
Oregon Medical Board. As used in this paragraph:
[(A) “Peer review” means evaluation or review of the performance of colleagues by a panel with
similar types and degrees of expertise. Peer review requires participation of at least three physicians
prior to final determination. ]
[(B) “Service utilization review” means evaluation and determination of the reasonableness, neces-
sity and appropriateness of a worker’s use of medical care resources and the provision of any needed
assistance to clinician or member, or both, to ensure appropriate use of resources. “Service utilization
review” includes prior authorization, concurrent review, retrospective review, discharge planning and
case management activities. ]
[(C) “Quality assurance” means activities to safeguard or improve the quality of medical care by
assessing the quality of care or service and taking action to improve it. ]
[(D) “Dispute resolution” includes the resolution of disputes arising under peer review, service
utilization review and quality assurance activities between insurers, self-insured employers, workers
and medical and health care service providers, as required under the certified plan. ]
[(E)] (A) “Contract review” means the methods and processes whereby the managed care or-
ganization monitors and enforces its contracts with participating providers for matters other than
matters enumerated in subparagraphs [ (A), (B) and ] (C) , (D) and (E) of this paragraph.
(B) “Dispute resolution” includes the resolution of disputes arising under peer review,
service utilization review and quality assurance activities between insurers, self-insured
employers, workers and medical and health care service providers, as required under the
certified plan.
(C) “Peer review” means evaluation or review of the performance of colleagues by a panel
with similar types and degrees of expertise. Peer review requires participation of at least
three physicians prior to final determination.
(D) “Quality assurance” means activities to safeguard or improve the quality of medical
care by assessing the quality of care or service and taking action to improve it.
(E) “Service utilization review” means evaluation and determination of the reasonable-
ness, necessity and appropriateness of a worker’s use of medical care resources and the
provision of any needed assistance to clinician or member, or both, to ensure appropriate
Enrolled House Bill 2464 (HB 2464-INTRO) Page 23
use of resources. “Service utilization review” includes prior authorization, concurrent re-
view, retrospective review, discharge planning and case management activities.
(e) Provides a program involving cooperative efforts by the workers, the employer and the
managed care organizations to promote workplace health and safety consultative and other services
and early return to work for injured workers.
(f) Provides a timely and accurate method of reporting to the director necessary information
regarding medical and health care service cost and utilization to enable the director to determine
the effectiveness of the plan.
(g)(A) Authorizes workers to receive compensable medical treatment from a primary care phy-
sician or chiropractic physician who is not a member of the managed care organization, but who
maintains the worker’s medical records and is a physician with whom the worker has a documented
history of treatment, if:
(i) The primary care physician or chiropractic physician agrees to refer the worker to the
managed care organization for any specialized treatment, including physical therapy, to be furnished
by another provider that the worker may require;
(ii) The primary care physician or chiropractic physician agrees to comply with all the rules,
terms and conditions regarding services performed by the managed care organization; and
(iii) The treatment is determined to be medically appropriate according to the service utilization
review process of the managed care organization.
(B) Nothing in this paragraph is intended to limit the worker’s right to change primary care
physicians or chiropractic physicians prior to the filing of a workers’ compensation claim.
(C) A chiropractic physician authorized to provide compensable medical treatment under this
paragraph may provide services and authorize temporary disability compensation as provided in
ORS 656.005 (12)(b)(B) and 656.245 (2)(b). However, the managed care organization may authorize
chiropractic physicians to provide medical services and authorize temporary disability payments
beyond the periods established in ORS 656.005 (12)(b)(B) and 656.245 (2)(b).
(D) As used in this paragraph, “primary care physician” means a physician who is qualified to
be an attending physician referred to in ORS 656.005 (12)(b)(A) and who is a family practitioner, a
general practitioner or an internal medicine practitioner.
(h) Provides a written explanation for denial of participation in the managed care organization
plan to any licensed health care provider that has been denied participation in the managed care
organization plan.
(i) Does not prohibit the injured worker’s attending physician from advocating for medical ser-
vices and temporary disability benefits for the injured worker that are supported by the medical
record.
(j) Complies with any other requirement the director determines is necessary to provide quality
medical services and health care to injured workers.
(5)(a) Notwithstanding ORS 656.245 (5) and subsection (4)(g) of this section, a managed care or-
ganization may deny or terminate the authorization of a primary care physician or chiropractic
physician to serve as an attending physician under subsection (4)(g) of this section or of a nurse
practitioner or physician associate to provide medical services as provided in ORS 656.245 (5) if the
physician, nurse practitioner or physician associate, within two years prior to the worker’s enroll-
ment in the plan:
(A) Has been terminated from serving as an attending physician, nurse practitioner or physician
associate for a worker enrolled in the plan for failure to meet the requirements of subsection (4)(g)
of this section or of ORS 656.245 (5); or
(B) Has failed to satisfy the credentialing standards for participating in the managed care or-
ganization.
(b) The director shall adopt by rule reporting standards for managed care organizations to re-
port denials and terminations of the authorization of primary care physicians, chiropractic physi-
cians, nurse practitioners and physician associates who are not members of the managed care
organization to provide compensable medical treatment under ORS 656.245 (5) and subsection (4)(g)
Enrolled House Bill 2464 (HB 2464-INTRO) Page 24
of this section. The director shall annually report to the Workers’ Compensation Management-Labor
Advisory Committee the information reported to the director by managed care organizations under
this paragraph.
(6) The director shall refuse to certify or may revoke or suspend the certification of any health
care provider or group of medical service providers to provide managed care if the director finds
that:
(a) The plan for providing medical or health care services fails to meet the requirements of this
section.
(b) Service under the plan is not being provided in accordance with the terms of a certified plan.
(7) Any issue concerning the provision of medical services to injured workers subject to a
managed care contract and service utilization review, quality assurance, dispute resolution, contract
review and peer review activities as well as authorization of medical services to be provided by
other than an attending physician pursuant to ORS 656.245 (2)(b) shall be subject to review by the
director or the director’s designated representatives. The decision of the director is subject to re-
view under ORS 656.704. Data generated by or received in connection with these activities, includ-
ing written reports, notes or records of any such activities, or of any review thereof, shall be
confidential, and shall not be disclosed except as considered necessary by the director in the ad-
ministration of this chapter. The director may report professional misconduct to an appropriate li-
censing board.
(8) No data generated by service utilization review, quality assurance, dispute resolution or peer
review activities and no physician profiles or data used to create physician profiles pursuant to this
section or a review thereof shall be used in any action, suit or proceeding except to the extent
considered necessary by the director in the administration of this chapter. The confidentiality
provisions of this section shall not apply in any action, suit or proceeding arising out of or related
to a contract between a managed care organization and a health care provider whose confidentiality
is protected by this section.
(9) A person participating in service utilization review, quality assurance, dispute resolution or
peer review activities pursuant to this section shall not be examined as to any communication made
in the course of such activities or the findings thereof, nor shall any person be subject to an action
for civil damages for affirmative actions taken or statements made in good faith.
(10) No person who participates in forming consortiums, collectively negotiating fees or other-
wise solicits or enters into contracts in a good faith effort to provide medical or health care services
according to the provisions of this section shall be examined or subject to administrative or civil
liability regarding any such participation except pursuant to the director’s active supervision of
such activities and the managed care organization. Before engaging in such activities, the person
shall provide notice of intent to the director in a form prescribed by the director.
(11) The provisions of this section shall not affect the confidentiality or admission in evidence
of a claimant’s medical treatment records.
(12) In consultation with the committees referred to in ORS 656.790 and 656.794, the director
shall adopt such rules as may be necessary to carry out the provisions of this section.
(13) As used in this section[ ,] and ORS 656.245, 656.248 and 656.327, “medical service provider”
means a person duly licensed to practice one or more of the healing arts in any country or in any
state or territory or possession of the United States.
(14) Notwithstanding ORS 656.005 (12) or subsection (4)(b) of this section, a managed care or-
ganization contract may designate any medical service provider or category of providers as attend-
ing physicians.
(15) If a worker, insurer, self-insured employer, the attending physician or an authorized health
care provider is dissatisfied with an action of the managed care organization regarding the provision
of medical services pursuant to this chapter, peer review, service utilization review or quality as-
surance activities, that person or entity must first apply to the director for administrative review
of the matter before requesting a hearing. Such application must be made not later than the 60th
day after the date the managed care organization has completed and issued its final decision.
Enrolled House Bill 2464 (HB 2464-INTRO)Page 25
(16) Upon a request for administrative review, the director shall create a documentary record
sufficient for judicial review. The director shall complete administrative review and issue a pro-
posed order within a reasonable time. The proposed order of the director issued pursuant to this
section shall become final and not subject to further review unless a written request for a hearing
is filed with the director within 30 days of the mailing of the order to all parties.
(17) At the contested case hearing, the order may be modified only if it is not supported by
substantial evidence in the record or reflects an error of law. No new medical evidence or issues
shall be admitted. The dispute may also be remanded to the managed care organization for further
evidence taking, correction or other necessary action if the Administrative Law Judge or director
determines the record has been improperly, incompletely or otherwise insufficiently developed. De-
cisions by the director regarding medical disputes are subject to review under ORS 656.704.
(18) Any person who is dissatisfied with an action of a managed care organization other than
regarding the provision of medical services pursuant to this chapter, peer review, service utilization
review or quality assurance activities may request review under ORS 656.704.
(19) Notwithstanding any other provision of law, original jurisdiction over contract review dis-
putes is with the director. The director may resolve the matter by issuing an order subject to re-
view under ORS 656.704, or the director may determine that the matter in dispute would be best
addressed in another forum and so inform the parties.
(20) The director shall conduct such investigations, audits and other administrative oversight in
regard to managed care as the director deems necessary to carry out the purposes of this chapter.
(21)(a) Except as otherwise provided in this chapter, only a managed care organization certified
by the director may:
(A) Restrict the choice of a health care provider or medical service provider by a worker;
(B) Restrict the access of a worker to any category of medical service providers;
(C) Restrict the ability of a medical service provider to refer a worker to another provider;
(D) Require preauthorization or precertification to determine the necessity of medical services
or treatment; or
(E) Restrict treatment provided to a worker by a medical service provider to specific treatment
guidelines, protocols or standards.
(b) The provisions of paragraph (a) of this subsection do not apply to:
(A) A medical service provider who refers a worker to another medical service provider;
(B) Use of an on-site medical service facility by the employer to assess the nature or extent of
a worker’s injury; or
(C) Treatment provided by a medical service provider or transportation of a worker in an
emergency or trauma situation.
(c) Except as provided in paragraph (b) of this subsection, if the director finds that a person has
violated a provision of paragraph (a) of this subsection, the director may impose a sanction that may
include a civil penalty not to exceed $2,000 for each violation.
(d) If violation of paragraph (a) of this subsection is repeated or willful, the director may order
the person committing the violation to cease and desist from making any future communications
with injured workers or medical service providers or from taking any other actions that directly or
indirectly affect the delivery of medical services provided under this chapter.
(e)(A) Penalties imposed under this subsection are subject to ORS 656.735 (4) to (6) and 656.740.
(B) Cease and desist orders issued under this subsection are subject to ORS 656.740.
NOTE: Improves word choice in (3)(d); alphabetizes definitions in (4)(d) and adjusts internal
reference in (4)(d)(A) to reflect relettering of subparagraphs; conforms punctuation to legislative
style in (13).
SECTION 37.
Section 7, chapter 89, Oregon Laws 2022, is amended to read:
Sec. 7. (1) The board of directors of the Elliott State Research Forest Authority shall:
(a) Contract with Oregon State University for implementation of forest management operations
consistent with the mission and management policies described in section 2 , chapter 89, Oregon
Laws 2022, [ of this 2022 Act ] and a biennial operations plan, unless implementation of forest man-
Enrolled House Bill 2464 (HB 2464-INTRO) Page 26
agement operations is provided for as otherwise agreed to by the State Land Board, the board of
directors and the university.
(b) Ensure that the mission and management policies for the Elliott State Research Forest de-
scribed in section 2 , chapter 89, Oregon Laws 2022, [ of this 2022 Act ] are effectively implemented.
(c) Oversee the operational and fiscal integrity of the authority.
(d) Select an executive director of the authority, for which position the board of directors and
the university shall work collaboratively to recruit and nominate candidates in a selection process
led by the university.
(e) Oversee the activities of, and determine the delegation of responsibilities to, the executive
director.
(f) Determine the scope of biennial operations plans.
(g) Provide input, guidance and direction to the executive director concerning implementation
of operations and research programs, consistent with the mission and management policies for the
forest described in section 2 , chapter 89, Oregon Laws 2022 [ of this 2022 Act ].
(h) Promote transparency and public participation in decision-making by:
(A) Notwithstanding the timeframe for public notice required by ORS 192.640 (1), and subject to
the provisions of ORS 192.660, providing public notice as described in ORS 192.640 (1) of the time,
location and agendas for a regular meeting of the board of directors at least seven days before the
meeting.
(B) Providing at least 24 hours’ notice before a special meeting as described in ORS 192.640 (3).
(C) Ensuring that any written materials being considered by the board of directors at a regular
meeting are available to the public at least seven days before the meeting.
(D) Providing opportunities for public comment on agenda items requiring action by the board
of directors before the board of directors acts on the agenda items.
(E) Ensuring that copies of written public comments are distributed to members of the board
of directors before the board of directors acts.
(F) Providing to the State Land Board and the public, 45 days before the board of directors ap-
proves or denies a biennial operations plan, written materials related to the biennial operations plan
that contain operational details and guidance sufficient to ensure compliance with relevant man-
agement direction described in the applicable forest management plan and habitat conservation plan.
(i) After considering public comments described in paragraph (h) of this subsection, approve or
deny:
(A) Annual budgets.
(B) Biennial operations reports.
(C) Biennial operations plans. A biennial operations plan must be consistent with an applicable
forest management plan.
(D) Recreation plans. A recreation plan must be consistent with an applicable forest manage-
ment plan and the mission and management policies described in section 2 , chapter 89, Oregon
Laws 2022 [ of this 2022 Act ].
(E) Education plans. An education plan must be consistent with an applicable forest manage-
ment plan and the mission and management policies described in section 2 , chapter 89, Oregon
Laws 2022 [ of this 2022 Act ].
(F) A forest management plan applicable to lands in the forest, and any subsequent amendments
to the forest management plan, after receiving input and approval from the State Land Board. The
forest management plan or amendments must be consistent with the mission and management poli-
cies described in section 2, chapter 89, Oregon Laws 2022, [ of this 2022 Act ] and the applicable
version of the university’s Elliott State Research Forest Proposal described in section 4 , chapter
89, Oregon Laws 2022 [ of this 2022 Act ].
(G) Any sale of carbon credits or entry into easements or other encumbrances of lands in the
forest.
(H) Any expansion or exchange of lands in the forest, after receiving input and approval from
the State Land Board.
Enrolled House Bill 2464 (HB 2464-INTRO) Page 27
(I) Any amendments to a habitat conservation plan related to the forest, after receiving input
and approval from the State Land Board. The amendments must be consistent with the mission and
management policies described in section 2 , chapter 89, Oregon Laws 2022 [ of this 2022 Act ].
(J) Any proposed amendments to the university’s Elliott State Research Forest Proposal de-
scribed in section 4 , chapter 89, Oregon Laws 2022 [ of this 2022 Act ]. The amendments must be
consistent with the mission and management policies described in section 2 , chapter 89, Oregon
Laws 2022 [ of this 2022 Act ].
(K) Any other submission to federal or state agencies that relates to the forest.
(L) Any funding requests made to federal or state agencies or the Legislative Assembly, in-
cluding any request for issuance of revenue bonds described in section 17 , chapter 89, Oregon
Laws 2022, [of this 2022 Act ] or certificates of participation financing described in [ section 23 of this
2022 Act ] ORS 283.085, or any request related to state-funded debt service.
(j) Submit to the State Land Board biennial programmatic reviews of authority operations that
address:
(A) Functions of the authority relating to the mission and management policies for the forest,
including the fiscal integrity of the authority and the status of forest operations, research initiatives,
tribal partnerships, ties with local and regional economies and ongoing implementation of conser-
vation, recreation and education programs.
(B) Compliance with federal and state regulatory requirements and any policy directives from
the executive branch.
(k) Conduct at least six business meetings per year for which public participation is facilitated
consistent with paragraph (h) of this subsection.
(L) Promote transparency around decisions concerning the forest, including forums to provide
input.
(m) Form advisory bodies or subcommittees as the board of directors deems necessary and ap-
propriate.
(2) As part of a funding request described in subsection (1)(i)(L) of this section, the board of
directors may request funding for state-funded debt service. Any moneys requested pursuant to this
subsection and appropriated by the Legislative Assembly to pay debt service for state bonds must
be held by the State Treasurer pursuant to an agreement entered into by the State Treasurer and
the board of directors.
(3) The board of directors constitutes the governing body of the authority for purposes of the
public meetings laws set forth in ORS [ 192.610 to 192.690] 192.610 to 192.705.
NOTE: Substitutes ORS number for session law citation in (1)(i)(L) (see section 23, chapter 89,
Oregon Laws 2022, amending ORS 283.085); updates series reference in (3).
SECTION 38.
Section 1, chapter 37, Oregon Laws 2024, is amended to read:
Sec. 1. (1) As used in this section:
(a) “Agency” means an organization that provides agency with choice services.
(b) “Agency with choice services” means services described in subsection (3) of this section that
are provided to an individual by an agency using a self-directed service delivery model.
(c) “Authorized representative” means a person designated by an individual or the individual’s
legal representative to act on behalf of the individual in making decisions on matters pertaining to
the planning and implementation of an in-home service plan or an individual support plan.
(d)(A) “Direct support worker” means a person providing attendant or personal care services
identified in an individual’s individualized service plan as an employee of the agency.
(B) “Direct support worker” does not mean a home care worker or a personal support worker
as those terms are defined in ORS 410.600.
(e) “Individual” means an individual, or the authorized representative of an individual, who re-
ceives in-home services and supports through the Department of Human Services or the Oregon
Health Authority and who is:
(A) An older adult;
(B) An individual with a physical disability; or
Enrolled House Bill 2464 (HB 2464-INTRO) Page 28
(C) An individual with behavioral health needs.
(f) “Nurse delegation” means arranging for tasks that are normally performed only by licensed
nurses to be performed by nursing assistants or other care providers subject to the instruction and
supervision of a licensed nurse.
(g) “Self-directed service delivery model” means a model in which an individual is supported by
an agency that functions as the common law employer of direct support workers recruited by the
individual and provides financial management services and tasks in place of the individual. The in-
dividual directs the direct support workers and is considered a co-employer with the agency.
(2)(a) The Department of Human Services shall adopt rules for the licensing of agencies pro-
viding services to older adults or individuals with physical disabilities.
(b) The Oregon Health Authority shall adopt rules for the licensing of agencies to provide per-
sonal care services to individuals with behavioral health needs through a state plan amendment
authorized by 42 U.S.C. 1396n(i) and under the state’s 42 U.S.C. 1396n(k) plan.
(3) An agency licensed under subsection (2) of this section shall:
(a) Assist individuals with the following tasks:
(A) Recruiting and selecting direct support workers to be employed by the agency to provide the
individual’s attendant and personal care services or removing direct support workers from the
individual’s care team;
(B) Coordinating the schedules of direct support workers, establishing the responsibilities of di-
rect support workers and ensuring that direct support workers do not work more than the hours
authorized by the department or the authority;
(C) Training direct support workers with respect to the individual’s unique needs and prefer-
ences in how the services and supports are delivered;
(D) Supporting the individual in maintaining a safe workplace, in self-direction and in the roles
and responsibilities of co-employer; and
(E) Performing other tasks prescribed by the department or the authority by rule.
(b) Be responsible for hiring and terminating direct support workers who are employed by the
agency.
(c) Perform the following functions:
(A) Submit claims for reimbursement to the department or the authority and pay direct support
workers for authorized hours worked and billed in accordance with the electronic visit verification
requirements for providers of services;
(B) Withhold, file and pay income taxes and all employment-related taxes, including but not
limited to workers’ compensation premiums and unemployment taxes;
(C) Verify the qualifications of each direct support worker as required by federal and state laws,
including by ensuring that each direct support worker passes a background check;
(D) Ensure that direct support workers employed by the agency have access to support coordi-
nation;
(E) Establish a process for:
(i) Identifying, analyzing and correcting adverse events;
(ii) Ensuring the timely reporting of any allegation of abuse, neglect or fiscal improprieties in-
volving an individual or a direct support worker, immediately responding to the allegation and re-
porting the allegation to the appropriate authorities;
(iii) Selecting and tracking indicators of quality by high-risk, high-volume and problem-prone
areas and indicators of individual safety and the quality of care; and
(iv) Conducting and documenting quality improvement activities;
(F) Meet with individuals at least every six months, with at least one in-home visit with the
individual each 12 months, as determined jointly with the individual based on the preferences and
needs of the individual;
(G) Provide basic, standardized training to direct support workers and ensure that direct sup-
port workers complete and are current with all training prescribed by the department and the au-
thority by rule;
Enrolled House Bill 2464 (HB 2464-INTRO) Page 29
(H) Retain a personnel record for each direct support worker that includes, at a minimum:
(i) Documentation of completed required training and ongoing education;
(ii) Required criminal background checks; and
(iii) Evidence that any health care related license or certificate held by a direct support worker
is current and that the direct support worker has not committed any action that would prevent the
direct support worker from providing services; and
(I) Provide other administrative and employment-related supports.
(d) Have in place a process to access and respond to a complaint or grievance submitted by an
individual about the services provided to the individual by a direct support worker.
(e) Pay any fines or penalties that may be assessed against an individual if the agency fails to
withhold the correct amounts of taxes or pay the appropriate employment-related taxes to mitigate
the risk to the individual.
(f) Indemnify an individual for any employment or wage-related claims, damages, fines or penal-
ties arising from the individual’s relationship with the agency.
(g) Maintain a drug-free workplace that prohibits direct support workers from being under the
influence of drugs or alcohol when providing services to an individual.
(h) Commit to involving direct support workers employed by the agency and individuals served
by the agency in the development of and decision-making about work processes, performance
standards, quality improvement strategies, training, technology use and workplace safety.
(i) Commit to minimizing the impact of the loss of pay and work hours for direct support work-
ers resulting from the hospitalization or death of an individual or the dismissal of the direct support
worker by the individual.
(j) Commit to engage and work closely with individuals in designing and implementing agency
with choice services by appointing individuals to an advisory board, using focus groups of individ-
uals or employing other methods, approved by the department or the authority, for working with
individuals.
(k) Promote each individual’s self-direction and choice and maximize an individual’s autonomy
and control over the decisions regarding the individual’s daily service needs, including by:
(A) Using a person-centered approach so that the individual is at the center of the decision-
making process regarding:
(i) Which attendant and personal care services are needed to assist the individual in activities
of daily living, instrumental activities of daily living and health-related tasks, as defined by the de-
partment or the authority by rule;
(ii) Which services are consistent with the individual’s personal and cultural values and prefer-
ences;
(iii) Where and how the services are delivered;
(iv) When the services are delivered; and
(v) Who provides the services;
(B) Enhancing the role of direct support workers as members of the individual’s care team, as
desired and authorized by the individual and reflected in the individual’s individualized service plan
developed in accordance with rules adopted by the department or the authority; and
(C) Complying with other requirements as prescribed by the department or the authority, as
applicable, by rule.
(L) Have in place a plan for recruiting and retaining qualified direct support workers to meet
the growing need for direct support workers in this state.
(m) Assist an individual in planning for direct support worker absences or similar situations
[which] that call for replacement workers, consistent with the individual’s choice of direct support
workers to provide the services.
(n) Have in place a quality assurance system and a performance improvement plan to evaluate
and monitor the quality, safety and appropriateness of the services provided by direct support
workers.
Enrolled House Bill 2464 (HB 2464-INTRO) Page 30
(4) Each agency must enter into a provider agreement with the department or the authority to
submit billings to and receive payments from the department or the authority for the services fur-
nished by the direct support workers.
(5) An individual has the right to:
(a) Select or otherwise approve the direct support workers who provide services to the individ-
ual before the direct support workers begin providing the services;
(b) Train direct support workers in the individual’s specific service needs and in the provision
of services to the individual;
(c) Direct the individual’s own services that are provided by direct support workers;
(d) Require an agency to remove a direct support worker from the individual’s care team;
(e) Report concerns and submit grievances about a direct support worker to the agency, the
relevant licensing agency or any other appropriate third party, such as law enforcement in cases
of abuse, neglect or financial misappropriation or improprieties;
(f) Schedule a direct support worker’s time in accordance with the individual’s desires, needs
and authorized hours; and
(g) Receive employer-related training, as required by federal rules, from a third party.
(6) An individual’s exercise of any of the functions described in subsection (5) of this section
does not create an employer-employee relationship between the direct support workers and the in-
dividual except as a co-employer with the agency.
(7) The department and the authority shall establish reimbursement rates for agencies in ac-
cordance with rate methodologies approved by the Centers for Medicare and Medicaid Services. The
baseline rates established by the department and the authority must be sufficient to:
(a) Support substitute staffing needs due to canceled shifts, planned and unplanned absences of
direct support workers, respite care for individuals’ unpaid caregivers and other similar needs;
(b) Allow an agency to pay direct support workers wages and benefits at least equal to the
wages and benefits provided to home care workers in the collective bargaining agreement under
ORS 410.612; and
(c) Meet the requirements for training and supports for direct support workers and for individ-
uals as prescribed by the department or the authority by rule.
(8) The department and the authority shall establish by rule financial transparency requirements
for agencies that include but are not limited to:
(a) Establishing a maximum allowable percentage of the hourly reimbursement rate paid to the
agency that may be spent on overhead and administrative costs;
(b) Requiring agencies to submit to the department or the authority detailed cost reports that
include, at a minimum, actual spending by the agency on direct support worker wages, benefits and
other personnel expenses; and
(c) Requiring agencies to pass through to direct support workers reimbursement rate increases
that are targeted for wages and benefits of direct support workers.
(9) Nurse delegation is the responsibility of the department or the authority and not the re-
sponsibility of an agency and shall be operated in the same manner as nurse delegation for home
care workers, as defined in ORS 410.600.
(10) The department and the authority shall conduct a competitive procurement process to select
agency with choice services providers. The department and the authority may contract with no more
than two agencies in total to provide agency with choice services.
(11) Except as provided in subsection [ (13)] (12) of this section, an agency that seeks to contract
with the department or the authority to provide agency with choice services must first provide a
labor peace agreement that:
(a) Is signed or certified by an authorized representative of a labor organization that represents
employees in this state or a neighboring state who provide services similar to the direct support
worker services provided by the direct support workers employed by the agency and that seeks to
represent the direct support workers employed by the agency; and
Enrolled House Bill 2464 (HB 2464-INTRO)Page 31
(b) Includes a process for the resolution of labor disputes with the direct support workers em-
ployed by the agency.
(12) The department or the authority may contract with an agency that has not provided a labor
peace agreement described in subsection (11) of this section if:
(a)(A) A labor organization is currently certified to represent the direct support workers em-
ployed by the agency and the labor organization informs the agency that the labor organization does
not wish to enter into a labor peace agreement with the agency; and
(B) The agency demonstrates to the satisfaction of the department or the authority that the
agency has processes in place to ensure the uninterrupted delivery of direct support worker services
in the event of a labor dispute; or
(b)(A) The agency notifies in writing all labor organizations certified to represent employees in
this state who provide services similar to the services to be provided by the direct support workers
employed by the consumer-directed employer that the agency wishes to enter into a labor peace
agreement; and
(B) Three weeks following the date on which the notice was given:
(i) No labor organization responds to the notice; or
(ii) No labor organization expresses an interest in representing the direct support workers em-
ployed by the agency.
(13) The department or the authority may deny, suspend or revoke the license, certificate or
endorsement, as applicable, of an agency or may impose a civil penalty, in accordance with ORS
183.745, on an agency for the agency’s failure to comply with this section or rules adopted in ac-
cordance with this section. A failure to comply includes but is not limited to a:
(a) Failure by the agency to provide required agency with choice services;
(b) Failure by the agency to correct deficiencies identified during a program review or an in-
vestigation by the department or authority;
(c) Demonstrated pattern, over the previous two years, of significant and substantiated vio-
lations of employment or wage laws in the state by:
(A) An agency as an employer of direct support workers; or
(B) A person applying to become an agency providing agency with choice services in any busi-
ness owned or operated by the person; or
(d) Failure of an agency to comply with ORS 443.004.
(14) This section does not supersede or limit any other authority of the department or the au-
thority with regard to oversight of contracting entities or the imposition of civil penalties.
NOTE: Improves syntax in (3)(m); corrects subsection reference in (11).
SECTION 39.
Section 5, chapter 97, Oregon Laws 2024, is amended to read:
Sec. 5. (1) The Environmental Restoration Council is established in the Oregon Watershed En-
hancement Board. The council consists of [ 11] 13 members as follows:
(a) The Governor or the Governor’s designee.
(b) The Director of the Department of Environmental Quality or the director’s designee.
(c) The State Fish and Wildlife Director or the director’s designee.
(d) The Director of the Oregon Health Authority or the director’s designee.
(e) The Attorney General or the Attorney General’s designee.
(f)(A) Six members, appointed by the Governor, who have expertise and a demonstrated interest
in environmental remediation and the impacts from contamination to water, air or land on people
or the environment. The Governor shall endeavor to appoint members with [ complimentary] com-
plementary expertise under this paragraph.
(B) Of the members appointed under this paragraph, at least two must possess scientific exper-
tise with the environmental or human health impacts of PCB or other similar substances in the en-
vironment.
(C) Council members appointed under subparagraph (B) of this paragraph need not reside in
Oregon.
Enrolled House Bill 2464 (HB 2464-INTRO) Page 32
(g) A member of the Senate appointed by the President of the Senate to be a nonvoting advisory
member of the council.
(h) A member of the House of Representatives appointed by the Speaker of the House of Rep-
resentatives to be a nonvoting advisory member of the council.
(2) The term of office of each member of the council appointed by the Governor is four years,
but a member serves at the pleasure of the Governor. A member is eligible for reappointment but
may not serve more than two consecutive terms. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the unexpired term.
(3) Each legislative member serves at the pleasure of the appointing authority and may serve
as long as the member remains in the chamber of the Legislative Assembly from which the member
was appointed.
(4) The Governor shall appoint a member of the council to serve as chairperson.
(5) A majority of the voting members of the council constitutes a quorum for the transaction
of business.
(6) The council shall meet annually at the time and place specified by the chairperson or of a
majority of the members of the council. The council may meet at other times and places as deter-
mined by the chairperson or a majority of the members of the council.
(7) The Oregon Watershed Enhancement Board shall provide staff support to the council. The
board may enter into agreements with other state agencies to provide additional staff support to the
council.
(8)(a) The council may create advisory committees as necessary to advise the council on carry-
ing out the functions of the council.
(b) The council may appoint to an advisory committee any person that the council determines
possesses expertise or information that may assist the council in the performance of its duties.
(9)(a) Voting members of the council, and members of an advisory committee appointed under
subsection (8) of this section who are not members of the council, may be reimbursed for actual and
necessary travel and other expenses incurred by the member in the performance of official duties
in the same manner and amount as provided by ORS 292.495.
(b) Members of the council who are members of the Legislative Assembly are entitled to pay-
ment of compensation and expenses as provided in ORS 171.072, payable from funds appropriated to
the Legislative Assembly.
(10) The council shall submit a report each biennium to the Governor and the Legislative As-
sembly in the manner provided by ORS 192.245. The report must describe the purposes for which
moneys expended from the State Agency Program Fund established under section 10 , chapter 97,
Oregon Laws 2024 [ of this 2024 Act ], the Disproportionately Impacted Community Fund established
under section 11 , chapter 97, Oregon Laws 2024, [ of this 2024 Act ] and the Tribal Nation Natural
Resource Program Fund established under section 12 , chapter 97, Oregon Laws 2024, [of this 2024
Act] were used and the outcomes achieved by funding recipients.
(11) In accordance with the provisions of ORS chapter 183, the council may adopt rules neces-
sary for the administration of the laws that the council is charged with administering.
NOTE: Corrects number of council members in (1); corrects word choice in (1)(f)(A).
SECTION 40.
Section 7, chapter 97, Oregon Laws 2024, is amended to read:
Sec. 7. (1) The Environmental Restoration Council shall establish by rule a program to provide
grants to public or private nonprofit entities to carry out projects that benefit disproportionately
impacted communities. Rules adopted under this section shall include but need not be limited to:
(a) Procedures for soliciting and reviewing applications from public or private nonprofit entities;
(b) Eligibility criteria for nonprofit entities;
(c) Eligible purposes for which grants may be awarded;
(d) Guidelines for collaborations or partnerships between multiple entities; and
(e)(A) Reporting requirements for grant recipients.
(B) Reporting requirements:
Enrolled House Bill 2464 (HB 2464-INTRO) Page 33
(i) Must be developed after consultation with nonprofit entities likely to receive grants under
this section; and
(ii) As far as practicable, must be consistent with reporting requirements adopted under
sections 6 and 8 , chapter 97, Oregon Laws 2024 [ of this 2024 Act ].
(2) Grants awarded under this section:
(a) Must be awarded for projects or purposes that are consistent with the terms of the Monsanto
Settlement Agreement and the strategic priorities established under section 9 , chapter 97, Oregon
Laws 2024 [ of this 2024 Act ].
(b) May be used to supplement existing programs or projects but may not be used to supplant
moneys available from any other source.
(c) May be used as matching funds for federal moneys or moneys available from any other
source.
(3) The council may contract with a third-party entity to implement and serve as the adminis-
trator of the grant program established under this section.
(4) Grants awarded under this section shall be paid out of the Disproportionately Impacted
Community Fund established under section 11 , chapter 97, Oregon Laws 2024, [ of this 2024 Act ]
by the Oregon Watershed Enhancement Board in accordance with rules adopted by the council un-
der this section.
NOTE: Supplies missing word in (1)(e)(B)(ii).
SECTION 41.
Section 14, chapter 97, Oregon Laws 2024, is amended to read:
Sec. 14. Notwithstanding the term of office specified in section 5 (2) , chapter 97, Oregon Laws
2024 [ of this 2024 Act ], of the members of the Environmental Restoration Council first appointed by
the Governor under section 5 [ (1)(e)] (1)(f), chapter 97, Oregon Laws 2024 [ of this 2024 Act ]:
(1) Two shall serve a term of two years; and
(2) Two shall serve a term of three years.
NOTE: Corrects internal reference in lead-in.
Passed by House February 6, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate March 6, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 2464 (HB 2464-INTRO) Page 34