Title 182 · ORS Chapter 182

174.112, designates a person to perform ombudsman services, the person shall report to the Governor in writing at least once each quarter. A report shall include a summary of the services that the per

Citation: ORS 174.112

Section: 174.112

174.112, designates a person to perform ombudsman services, the person shall report to the Governor in writing at least once each quarter. A report shall include a summary of the services that the person provided during the quarter and the person�s recommendations for improving ombudsman services and the services for which the person provides assistance.

�� (2) All public bodies, as defined by ORS 174.109, shall cooperate with an ombudsman established or specifically authorized by law, or designated by the Governor, and shall promptly provide all information requested by the ombudsman that is relevant to the duties of the ombudsman. Any person that contracts with a public body, as defined by ORS 174.109, shall cooperate with an ombudsman established or authorized by law or designated by the Governor to the extent the ombudsman is investigating matters related to the contract, and shall promptly provide all information requested by the ombudsman that is related to the contract and relevant to the duties of the ombudsman. An agency or officer of the executive department, as defined by ORS 174.112, shall consult with the Attorney General if there is any legal dispute relating to:

�� (a) Whether confidential or other restricted information may be provided under this subsection to an ombudsman; or

�� (b) Whether the ombudsman is seeking information that is relevant to the duties of the ombudsman. [2003 c.591 �17; 2007 c.893 �1]

�� Note: 182.500 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 182.510 [1953 c.588 �1; repealed by 1957 c.624 �14]

EVIDENCE-BASED PROGRAMS

�� 182.515 Definitions for ORS 182.515 and 182.525. As used in this section and ORS 182.525:

�� (1) �Agency� means:

�� (a) The Department of Corrections;

�� (b) The Oregon Youth Authority;

�� (c) The Youth Development Division; and

�� (d) That part of the Oregon Health Authority that deals with mental health and addiction issues.

�� (2) �Cost-effective� means that benefits realized over a reasonable period of time are greater than costs, as determined utilizing a cost-benefit analytical tool identified by the Oregon Criminal Justice Commission.

�� (3) �Evidence-based program� means a program that:

�� (a) Incorporates significant and relevant practices based on scientifically based research; and

�� (b) Is cost-effective.

�� (4)(a) �Program� means a treatment or intervention program or service that is intended to:

�� (A) Reduce the propensity of a person to commit crimes;

�� (B) Improve the mental health of a person with the result of reducing the likelihood that the person will commit a crime or need emergency mental health services; or

�� (C) Reduce the propensity of a person who is less than 18 years of age to engage in antisocial behavior with the result of reducing the likelihood that the person will become a juvenile offender.

�� (b) �Program� does not include:

�� (A) An educational program or service that an agency is required to provide to meet educational requirements imposed by state law; or

�� (B) A program that provides basic medical services.

�� (5) �Scientifically based research� means research that obtains reliable and valid knowledge by:

�� (a) Employing systematic, empirical methods that draw on observation or experiment;

�� (b) Involving rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

�� (c) Relying on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations and across studies by the same or different investigators; and

�� (d) Utilizing randomized controlled trials when possible and appropriate. [2003 c.669 �3; 2005 c.503 �12; 2009 c.595 �162; 2012 c.37 �37; 2013 c.623 �10; 2013 c.649 �41]

�� Note: 182.515 and 182.525 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 182.520 [1953 c.588 �2; repealed by 1957 c.624 �14]

�� 182.525 Mandatory expenditures for evidence-based programs; biennial report; rules. (1) An agency shall spend at least 75 percent of state moneys that the agency receives for programs on evidence-based programs.

�� (2) The agency shall submit a biennial report containing:

�� (a) An assessment of each program on which the agency expends funds, including but not limited to whether the program is an evidence-based program;

�� (b) The percentage of state moneys the agency receives for programs that is being expended on evidence-based programs;

�� (c) The percentage of federal and other moneys the agency receives for programs that is being expended on evidence-based programs; and

�� (d) A description of the efforts the agency is making to meet the requirement of subsection (1) of this section.

�� (3) The agency shall submit the report required by subsection (2) of this section no later than September 30 of each even-numbered year to the interim legislative committee dealing with judicial matters.

�� (4) If an agency, in any biennium, spends more than 25 percent of the state moneys that the agency receives for programs on programs that are not evidence based, the Legislative Assembly shall consider the agency�s failure to meet the requirement of subsection (1) of this section in making appropriations to the agency for the following biennium.

�� (5) An agency may adopt rules necessary to carry out the provisions of this section. [2003 c.669 �7; 2005 c.22 �128; 2005 c.503 �13; 2013 c.649 �44]

�� Note: See note under 182.515.

�� 182.530 [1953 c.588 �3; repealed by 1957 c.624 �14]

ENVIRONMENTAL JUSTICE COUNCIL

�� 182.535 Definitions for ORS 182.535 to 182.557. As used in ORS 182.535 to 182.557:

�� (1) �Community-supported natural resource collaborative� means a group that works with a natural resource agency in a collaborative manner on natural resource issues affecting the community and that:

�� (a) Promotes public participation in natural resource decisions;

�� (b) Provides an open forum that allows for public deliberation of natural resource decisions affecting the community;

�� (c) Can demonstrate diverse representation and balance between interests, including but not limited to environmental organizations, industry organizations and community members;

�� (d) Has members who are individuals or organizations directly affected by the natural resource decisions discussed;

�� (e) Has a governance agreement that guides its operations; and

�� (f) Works in cooperation with local and tribal governments.

�� (2) �Environmental burden� means the environmental and health risks to communities caused by the combined historic, current and projected future effects of:

�� (a) Exposure to conventional pollution and toxic hazards in the air or in or on water or land;

�� (b) Adverse environmental conditions caused or made worse by other contamination or pollution; and

�� (c) Changes in the environment resulting from climate change, such as water insecurity, drought, flooding, wildfire, smoke and other air pollution, extreme heat, loss of traditional cultural resources or foods, ocean acidification, sea-level rise and increases in infectious disease.

�� (3) �Environmental justice� means the equal protection from environmental and health risks, fair treatment and meaningful involvement in decision making of all people regardless of race, color, national origin, immigration status, income or other identities with respect to the development, implementation and enforcement of environmental laws, regulations and policies that affect the environment in which people live, work, learn and practice spirituality and culture.

�� (4) �Environmental justice community� includes communities of color, communities experiencing lower incomes, communities experiencing health inequities, tribal communities, rural communities, remote communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including seniors, youth and persons with disabilities.

�� (5) �Equity analysis� means an analysis used to determine or evaluate environmental justice considerations.

�� (6) �Fair treatment� means that no one group of people, including racial, ethnic or socioeconomic groups, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal and commercial operations or the execution of federal, state, local and tribal environmental programs and policies.

�� (7) �Meaningful involvement� means:

�� (a) Members of vulnerable populations have appropriate opportunities to participate in decisions about a proposed activity that will affect their environment or health;

�� (b) Public involvement can influence a decision maker�s decision;

�� (c) The concerns of all participants involved are considered in the decision-making process; and

�� (d) Decision makers seek out and facilitate the involvement of members of vulnerable populations.

�� (8) �Natural resource agency� means the Department of Environmental Quality, the State Department of Agriculture, the Water Resources Department, the State Department of Fish and Wildlife, the State Parks and Recreation Department, the State Department of Energy, the Oregon Watershed Enhancement Board, the State Forestry Department, the Department of State Lands, the State Department of Geology and Mineral Industries, the Department of Land Conservation and Development, the State Marine Board, the Public Utility Commission, the Department of Transportation, the Department of the State Fire Marshal and the Oregon Health Authority.

�� (9) �Remote community� means a community with low population density and high geographic remoteness. [2007 c.909 �1; 2009 c.595 �163; 2021 c.539 �108; 2022 c.58 ��10,11]

�� Note: 182.535 to 182.557 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 182 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 182.538 Environmental Justice Council. (1) The Environmental Justice Council is established within the office of the Governor. The council consists of 13 members appointed by the Governor. The members must be persons who, to the greatest extent practicable, represent minority communities, low-income communities, environmental interests, industry groups and geographically diverse areas of this state. The members shall be appointed as follows:

�� (a) Eight members shall be persons who have expertise and knowledge in environmental justice, as well as expertise in at least one of the following areas:

�� (A) Climate change, climate resilience or climate justice;

�� (B) Environmental laws, regulations and standards;

�� (C) Natural resources management;

�� (D) Land use planning and development;

�� (E) Sustainability;

�� (F) Community organizing;

�� (G) Civil rights and disability rights;

�� (H) Environmental health;

�� (I) Energy;

�� (J) Agricultural operations and food systems;

�� (K) Water planning and management; or

�� (L) Forest management.

�� (b) Of the members appointed under paragraph (a) of this subsection, at least one shall represent remote communities, at least one shall represent rural communities and at least one shall represent coastal communities. The Governor may solicit nominations for members described in this paragraph from community-supported natural resource collaboratives.

�� (c) One member shall be appointed from among persons nominated by the Commission on Asian and Pacific Islander Affairs.

�� (d) One member shall be appointed from among persons nominated by the Commission on Black Affairs.

�� (e) One member shall be appointed from among persons nominated by the Commission on Hispanic Affairs.

�� (f) One member shall be appointed from among persons nominated by the Commission on Indian Services.

�� (g) One member shall be appointed as a youth representative, who must be at least 16 but no more than 24 years of age when appointed.

�� (2) The council shall submit an annual report to the Governor and the interim committees of the Legislative Assembly related to the environment, in the manner provided under ORS 192.245, setting forth its view of the progress of natural resource agencies toward achieving the goals established pursuant to ORS 182.542 and identifying any other environmental issues that the council determines need attention.

�� (3) The term of office of each member is four years, except that the term of office of the member appointed as youth representative is two years. A member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 of the following year. A member may be reappointed. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

�� (4) A member of the council is entitled to compensation and expenses in the manner and amounts provided for in ORS 292.495. Claims for compensation and expenses incurred in performing functions of the council shall be paid out of funds appropriated to the Governor for that purpose.

�� (5) The council shall elect one of its members as a chairperson and another as vice chairperson, for the terms and with the duties and powers necessary for the performance of the functions of such offices as the council determines.

�� (6) A majority of the members of the council constitutes a quorum for the transaction of business.

�� (7) The council shall meet at least once every three months at times and places specified by the chairperson. The council also shall meet at other times and places specified by the call of the chairperson or of a majority of the members of the council.

�� (8) The office of the Governor may enter into an interagency agreement under ORS 190.110 with the Department of Environmental Quality for purposes of providing clerical and administrative staff support to the council and for sharing in the administrative or other expenses of the council.

�� (9) Natural resource agencies and other state agencies as requested by the council are directed to assist the council in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the council consider necessary to perform their duties. [2007 c.909 �2; 2011 c.273 �5; 2022 c.58 �2]

�� Note: Section 19, chapter 58, Oregon Laws 2022, provides:

�� Sec. 19. Notwithstanding the amendments to ORS 182.538 by section 2 of this 2022 Act, members appointed to the Environmental Justice Task Force before the operative date specified in section 22 of this 2022 Act [August 1, 2022] shall continue to serve the remainder of their terms as members of the Environmental Justice Council unless replaced by the Governor in accordance with ORS 182.538 (3). [2022 c.58 �19]

�� Note: See note under 182.535.

�� 182.540 [1953 c.588 �4; 1955 c.152 �1; repealed by 1957 c.624 �14]

�� 182.542 Duties of council. (1) The Environmental Justice Council shall:

�� (a) Advise and provide a biannual report to the Governor on environmental justice issues;

�� (b) Advise natural resource agencies on environmental justice issues, including community concerns and public participation processes;

�� (c) Identify, in cooperation with natural resource agencies, environmental justice communities;

�� (d) Meet with environmental justice communities and make recommendations to the Governor regarding concerns raised by these communities;

�� (e) Define environmental justice issues in the state; and

�� (f) Upon the request of a natural resource agency, provide consultation and review of a natural resource agency�s proposed administrative rules under ORS 183.333 (1).

�� (2) The council may form work groups or consult with stakeholders as necessary to carry out the duties of the council. [2007 c.909 �3; 2022 c.58 �3]

�� Note: See note under 182.535.

�� 182.543 Reports by council. (1) The Environmental Justice Council, in consultation with natural resource agencies, shall identify in a report to the Governor and, in the manner required in ORS 192.245, the Legislative Assembly:

�� (a) Guidance for state agencies regarding how to use the environmental justice mapping tool developed under ORS 182.555 when adopting rules, policies or guidelines. The guidance must be flexible to accommodate differences in agency directives.

�� (b) Best practices for increasing public participation and engagement in policy decisions by providing meaningful involvement.

�� (c) Recommendations on how to best meaningfully consult environmental justice communities.

�� (d) Recommendations for establishing measurable goals for reducing environmental disparities across Oregon and ways in which state agencies may focus their work toward meeting those goals.

�� (e) Guidelines for identifying environmental justice communities, including guidelines for further defining environmental justice communities developed from the inclusive community engagement process described in ORS 182.555.

�� (f) Guidelines for evaluating socioeconomic benefits and burdens to environmental justice communities.

�� (2) The report prepared under this section may include:

�� (a) Recommendations for approaches to integrate an analysis of the distribution of environmental burdens and benefits across population groups into evaluations performed under state environmental laws;

�� (b) Equity analysis methods that may include a process for describing potential risks to, benefits to and opportunities for investments and mitigation;

�� (c) Best practices for cataloging and collecting data on programs within natural resource agencies related to health and environmental factors; and

�� (d) Recommendations for criteria for identifying and addressing gaps in current research and data collection to inform state agency actions, to refine the environmental justice mapping tool and to identify factors that may impede the achievement of environmental justice.

�� (3) The council, in consultation with the natural resource agencies, shall review and update the report required under this section at least once every five years. [2022 c.58 �13]

�� Note: See note under 182.535.

�� 182.545 Duties of natural resource agencies. In order to provide greater public participation and to ensure that all persons affected by decisions of the natural resource agencies have a voice in those decisions, each natural resource agency shall:

�� (1) In making a determination whether and how to act, consider the effects of the action on environmental justice issues.

�� (2) Hold hearings at times and in locations that are convenient for people in the communities that will be affected by the decisions stemming from the hearings.

�� (3) Engage in public outreach activities in the communities that will be affected by decisions of the agency.

�� (4) Create a public advocate position that is responsible for:

�� (a) Encouraging public participation;

�� (b) Ensuring that the agency considers environmental justice issues; and

�� (c) Informing the agency of the effect of its decisions on environmental justice communities. [2007 c.909 �4; 2022 c.58 �15]

�� Note: See note under 182.535.

�� 182.550 Reports by natural resource agencies. All directors of natural resource agencies, and other agency directors as the Governor may designate, shall report annually to the Environmental Justice Council and to the Governor on the results of the agencies� efforts to:

�� (1) Address environmental justice issues;

�� (2) Increase public participation of individuals and communities affected by agencies� decisions;

�� (3) Determine the effect of the agencies� decisions on environmental justice communities;

�� (4) Improve plans to further the progress of environmental justice in Oregon; and

�� (5) Utilize the environmental justice mapping tool developed under ORS 182.555. [2007 c.909 �5; 2022 c.58 �16]

�� Note: See note under 182.535.

�� 182.555 Environmental justice mapping tool. (1) The Environmental Justice Council with staff support from the Department of Environmental Quality, in collaboration with the office of Enterprise Information Services, the Institute for Natural Resources, the Portland State University Population Research Center, and natural resource agencies with staff support from the department and the Oregon Health Authority, shall develop an environmental justice mapping tool.

�� (2) When developing the environmental justice mapping tool, the council shall develop and conduct an inclusive community engagement process to receive input from communities across this state and consult with natural resource agencies. The council shall hold at least six meetings in different regions of this state, including at least one meeting in a remote community, to:

�� (a) Present a work plan and proposals for the environmental justice mapping tool; and

�� (b) Receive input and feedback from communities throughout this state about:

�� (A) Environmental, health, socioeconomic and other factors that should be considered in the development of the mapping tool;

�� (B) How the mapping tool should be used to help distribute resources to communities that have experienced underinvestment;

�� (C) How socioeconomic benefits and burdens could be mapped and considered in addition to environmental, health and other data;

�� (D) Other uses for the mapping tool that can provide community benefits and diminish community burdens;

�� (E) Geospatial layers to further define environmental justice communities based on the prevalence of specific factors; and

�� (F) Community-generated data that may be included in the mapping tool.

�� (3) The mapping tool must:

�� (a) Be based on factors that are derived from direct input through the inclusive community engagement process described in subsection (2) of this section;

�� (b) Be sufficiently detailed to allow the assessment of environmental justice benefits and burdens;

�� (c) Include geospatial data layers that may be used to help better understand the nature of environmental justice communities;

�� (d) Include data from natural resource agencies or be compatible with other mapping tools developed by other state agencies; and

�� (e) Be accessible to the public.

�� (4) The office of Enterprise Information Services shall recommend data quality standards and methodologies for the development and maintenance of the mapping tool.

�� (5) The council shall enter into an agreement with the Institute for Natural Resources that provides that the institute will maintain the mapping tool and make the mapping tool publicly available in electronic form through the Oregon Explorer.

�� (6) The council shall review the mapping tool at least once every four years using the inclusive community engagement process described in subsection (2) of this section and update the mapping tool as necessary. [2022 c.58 �12]

�� Note: See note under 182.535.

�� 182.557 Use of environmental justice mapping tool by natural resource agencies. (1) Subject to subsection (2) of this section, natural resource agencies may consider the results of the environmental justice mapping tool developed under ORS 182.555 when developing administrative rules or agency policies or programs. Natural resource agencies shall consider the recommendations in the report required by ORS 182.543 when utilizing the environmental justice mapping tool.

�� (2) A natural resource agency may use the environmental justice mapping tool to:

�� (a) Identify environmental justice communities affected by agency programs;

�� (b) Conduct outreach and engagement activities with environmental justice communities to inform the development, adoption, implementation or enforcement of environmental laws, administrative rules or agency policies;

�� (c) Establish measurable goals for reducing environmental health disparities within agency programs; and

�� (d) Prioritize agency funding to help address identified impacts on environmental justice communities.

�� (3)(a) The environmental justice mapping tool may inform agency policies and programs as they relate to community engagement and outreach, investments and funding and impacts to environmental justice communities, and may be a source of information to the public.

�� (b) The mapping tool is informational only and may not be used in agency decision-making on individual permits or applications unless otherwise required by federal or state law.

�� (c) Nothing in ORS 182.535 to 182.557 shall be construed to limit, affect or alter the authority of any state agency to act within the authority granted to the agency by any other provision of state or federal law. [2022 c.58 �14]

�� Note: See note under 182.535.

�� 182.560 [2008 c.7 �5; repealed by 2017 c.532 �8]

�� 182.562 [2008 c.7 �1; repealed by 2017 c.532 �8]

�� 182.565 [2008 c.7 �2; repealed by 2017 c.532 �8]

�� 182.568 [2008 c.7 �3; repealed by 2017 c.532 �8]

�� 182.570 [2008 c.7 �4; repealed by 2017 c.532 �8]

�� 182.605 [1977 c.842 �1; 1981 c.85 �10; 1981 c.438 �45; 1981 c.821 �1a; 1983 c.17 �28; 1987 c.414 �145; 1989 c.460 �2; 1989 c.721 �21; 1991 c.67 �43; 1993 c.45 �287; repealed by 1993 c.458 �1]

�� 182.608 [Derived from 1983 c.17 �1; 1991 c.67 �44; repealed by 1993 c.458 �1]

�� 182.609 [Derived from 1983 c.151 �24; 1987 c.31 �12; 1993 c.267 �18; repealed by 1993 c.458 �1]

�� 182.610 [Derived from 1983 c.655 �11; repealed by 1989 c.586 �7]

�� 182.615 [1977 c.842 �47; repealed by 1993 c.458 �1]

�� 182.625 [1977 c.842 �48; repealed by 1993 c.458 �1]

�� 182.635 [1977 c.842 �49; repealed by 1993 c.458 �1]

�� 182.815 [1982 s.s.1 c.3 �1; renumbered