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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 758
Sponsored by Senator GORSEK, Representative RUIZ (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Makes a certain wage apply to custom work done off site but for a particular public
works project. (Flesch Readability Score: 67.3).
Applies the prevailing rate of wage to certain off-site custom work fabricated, assembled or
produced in accordance with specifications for a particular public works. Specifies examples of such
custom work.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to the application of a prevailing rate of wage to offsite custom work for use in public
works; creating new provisions; amending ORS 279C.800; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 279C.800 is amended to read:
279C.800. As used in ORS 279C.800 to 279C.870:
(1) “Fringe benefits” means:
(a) Contributions that a contractor or subcontractor makes irrevocably to a trustee or to a third
person under a plan, fund or program; and
(b) Costs that a contractor or subcontractor may reasonably be anticipated to incur in providing
the following items, except for items that federal, state or local law requires the contractor or sub-
contractor to provide:
(A) Benefits to workers pursuant to an enforceable written commitment to the workers to carry
out a financially responsible plan or program for:
(i) Medical or hospital care;
(ii) Pensions on retirement or death; or
(iii) Compensation for injuries or illness that result from occupational activity;
(B) Insurance to provide the benefits described in subparagraph (A) of this paragraph;
(C) Unemployment benefits;
(D) Life insurance;
(E) Disability and sickness insurance or accident insurance;
(F) Vacation and holiday pay;
(G) Costs of apprenticeship or other similar programs; or
(H) Other bona fide fringe benefits.
(2) “Housing” has the meaning given that term in ORS 456.055.
(3) “Locality” means the following district in which the public works, or the major portion of
the public works, is to be performed:
(a) District 1, composed of Clatsop, Columbia and Tillamook Counties;
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2077
SB 758
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(b) District 2, composed of Clackamas, Multnomah and Washington Counties;
(c) District 3, composed of Marion, Polk and Yamhill Counties;
(d) District 4, composed of Benton, Lincoln and Linn Counties;
(e) District 5, composed of Lane County;
(f) District 6, composed of Douglas County;
(g) District 7, composed of Coos and Curry Counties;
(h) District 8, composed of Jackson and Josephine Counties;
(i) District 9, composed of Hood River, Sherman and Wasco Counties;
(j) District 10, composed of Crook, Deschutes and Jefferson Counties;
(k) District 11, composed of Klamath and Lake Counties;
(L) District 12, composed of Gilliam, Grant, Morrow, Umatilla and Wheeler Counties;
(m) District 13, composed of Baker, Union and Wallowa Counties; and
(n) District 14, composed of Harney and Malheur Counties.
(4) “Prevailing rate of wage” means the rate of wage, including all fringe benefits, that the
Commissioner of the Bureau of Labor and Industries determines in accordance with ORS 279C.815.
(5) “Public agency” means the State of Oregon or a political subdivision of the State of Oregon,
or a county, city, district, authority, public corporation or public entity organized and existing under
law or charter or an instrumentality of the county, city, district, authority, public corporation or
public entity.
(6)(a) “Public works” includes, but is not limited to:
(A) Roads, highways, buildings, structures and improvements of all types for which a public
agency contracts or carries on construction, reconstruction, major renovation, demolition, removal
of hazardous waste or painting to serve the public interest;
(B) A project that uses $750,000 or more of funds of a public agency for constructing, recon-
structing, painting, demolishing, removing hazardous waste from, or performing a major renovation
on, a road, highway, building, structure or improvement of any type;
(C) A project that uses funds of a private entity for constructing a privately owned road, high-
way, building, structure or improvement of any type in which a public agency will use or occupy
25 percent or more of the square footage of the completed project;
(D) Notwithstanding the provisions of ORS 279C.810 (2)(a), (b) and (c), a device, structure or
mechanism, or a combination of devices, structures or mechanisms, that:
(i) Uses solar radiation as a source for generating heat, cooling or electrical energy; and
(ii) Is constructed or installed, with or without using funds of a public agency, on land, premises,
structures or buildings that a public body, as defined in ORS 174.109, owns;
(E) Notwithstanding paragraph (b)(A) of this subsection and ORS 279C.810 (2)(b) and (c), con-
struction, reconstruction, painting, demolition, removal of hazardous waste from, or major reno-
vation of, a road, highway, building, structure or improvement of any type that occurs, with or
without using funds of a public agency, on real property that a public university listed in ORS
352.002 owns; [ or]
(F) Demolition of, or removal of hazardous waste from, a road, highway, building, structure or
improvement of any type that uses $750,000 or more in funds of a public agency, or that occurs on
real property that a state agency owns, but that does not involve constructing, reconstructing, ren-
ovating or painting a road, highway, building, structure or improvement[.]; or
(G) Custom, off-site fabrication, assembly or production of goods, materials, modules,
components, structures, supports or fixtures or parts of fixtures that are not standard but
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SB 758
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that are specifically for use in a public works or that become part of the public works, ex-
amples of which include, but are not limited to:
(i) Mechanical systems such as heating, ventilation, air conditioning, refrigeration and
ducting or piping systems;
(ii) Electrical systems or components of electrical systems;
(iii) Boiler systems or components of boiler systems;
(iv) Ornamental and structural iron work;
(v) Masonry and plaster systems or components;
(vi) Mechanical insulation work; and
(vii) Other work that involves fabricating or prefabricating modules, components, struc-
tures, supports or fixtures or parts of fixtures in accordance with specifications for partic-
ular public works.
(b) “Public works” does not include:
(A) Reconstructing or renovating privately owned property that a public agency leases; or
(B) A private nonprofit entity’s renovation of publicly owned real property that is more than 75
years old if:
(i) The real property is leased to the private nonprofit entity for more than 25 years;
(ii) Funds of a public agency used in the renovation do not exceed 15 percent of the total cost
of the renovation; and
(iii) Contracts for the renovation were advertised or, if not advertised, were entered into before
July 1, 2003, but the renovation has not been completed on or before July 13, 2007.
SECTION 2.
The amendments to ORS 279C.800 by section 1 of this 2025 Act apply to
procurements that a contracting agency solicits, or if the contracting agency does not solicit
the procurement, to public contracts that a contracting agency enters into, on or after the
operative date specified in section 3 of this 2025 Act.
SECTION 3. (1) The amendments to ORS 279C.800 by section 1 of this 2025 Act become
operative on January 1, 2026.
(2) The Attorney General, the Commissioner of the Bureau of Labor and Industries, the
Director of the Oregon Department of Administrative Services, the Director of Transporta-
tion and a contracting agency that adopts rules under ORS 279A.065 or 279A.070 may adopt
rules and take any other action before the operative date specified in subsection (1) of this
section that is necessary to enable the Attorney General, the commissioner, the director or
the contracting agency to undertake and exercise all of the duties, functions and powers
conferred on the Attorney General, the commissioner, the director or the contracting agency
by the amendments to ORS 279C.800 by section 1 of this 2025 Act.
SECTION 4.
This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
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