Portland, OR

Portland City Code § 5.04.530 Inclusionary Housing Fund
Effective: 7/31/16 – Through: 5/31/23
The Inclusionary Housing Fund is hereby created to receive net revenues from the Construction Excise Tax. Disbursements from the fund shall be for the purposes identified in Section 6.08.130 of this Code. Except for those established purposes, in no case shall any funds be transferred from the Inclusionary Housing Fund to the City’s General Fund, or any other fund, for any other purpose.

Or. Rev. Stat. § 458.620 Oregon Housing Fund; revolving accounts
Effective: 9/24/21 – Through: 5/31/23
(1) There is created, separate and distinct from the General Fund of the State Treasury, the Oregon Housing Fund, which consists of five separate revolving accounts:

(a) The Housing Development and Guarantee Account;

(b) The Emergency Housing Account;

(c) The Home Ownership Assistance Account;

(d) The Agricultural Worker Housing Development Account; and

(e) The General Housing Account.

(2) Earnings on investment of moneys in:

(a) The Housing Development and Guarantee Account accrue to that account.

(b) The Emergency Housing Account accrue to that account.

(c) The Home Ownership Assistance Account accrue to that account.

(d) The Agricultural Worker Housing Development Account accrue to that account.

(e) The General Housing Account accrue to that account.

(3)(a) Moneys in the Housing Development and Guarantee Account are continuously appropriated to the Housing and Community Services Department to carry out the provisions of ORS 458.630.

(b) Moneys in the Emergency Housing Account are continuously appropriated to the department to carry out the provisions of ORS 458.650.

(c) Moneys in the Home Ownership Assistance Account are continuously appropriated to the department to carry out the provisions of ORS 458.655.

(d) Moneys in the Agricultural Worker Housing Development Account are continuously appropriated to the department to carry out the provisions of ORS 458.660.

(e) Moneys in the General Housing Account are continuously appropriated to the department to carry out the provisions of ORS 456.515 to 456.725.

(4) Individuals and corporations, both for profit or nonprofit, may make monetary contributions to be credited to:

(a) The Housing Development and Guarantee Account; or

(b) The General Housing Account.

Portland City Code §6.08.130 Dedication of Revenue
Effective: 7/31/16 – Through: 5/31/23
A. The Bureau of Development Services may retain up to 4 percent of the taxes collected for payment towards the Bureau’s administrative expenses related to collection and distribution of the tax.

B. For the tax imposed on residential improvements, the net revenues will be distributed as follows:

1. Fifteen percent of net revenue will be remitted to the Oregon Department of Housing and Community Services to fund home ownership programs.

2. Fifty percent of net revenue will be transferred to the Portland Housing Bureau Inclusionary Housing Fund to fund finance-based incentives for programs that require affordable housing.

3. Thirty-five percent of net revenue will be transferred to the Housing Bureau Inclusionary Housing Fund to support the production and preservation of affordable housing units at and below 60 percent median family income.

C. For the tax imposed on commercial improvements, 100 percent of net revenue will be distributed to the Housing Bureau Inclusionary Housing Fund to support the production and preservation of affordable housing units at and below 60 percent median family income.

Portland, OR § 3.38.010 PHAC Established.
Effective: 12/14/10 – Through: 5/31/23
Upon adoption of this ordinance by the City of Portland, the Portland Housing Advisory Commission (PHAC) is established. The PHAC is designated as the primary public forum for discussion of housing policy, strategy, and resources in the City of Portland.

Portland, OR § 3.38.020 PHAC Mission.
Effective: 12/14/10 – Through: 5/31/23
The mission of the PHAC is to advise the Director of the Portland Housing Bureau (PHB), the Housing Commissioner, and the Portland City Council on housing and homelessness policy, strategy, and resource issues, promote improvements within the Portland Housing Bureau and the larger housing system, highlight opportunities for influence between the City housing system and other systems, as well as provide a forum for public input on housing and homelessness issues.

Portland, OR § 3.38.030 Duties.
Effective: 12/14/10 – Through: 5/31/23
The PHAC is delegated to carry out the following functions:

A. Housing Policy and Planning.

1. Provide a sounding board on Portland housing policy issues.

2. Promote improvements within PHB.

3. Identify opportunities where PHB might influence the larger housing system to become more streamlined and to better align system resources, to support PHB’s mission.

4. Advise PHB on City priorities for affordable housing development.

5. Monitor and periodically recommend updates to PHB’s Strategic Plan.

6. Monitor and annually recommend updates to the Consolidated Plan Priorities for allocation of federal housing and community development resources.

7. Recommend annual production and performance goals to carry out PHB’s Strategic Plan and the Consolidated Plan.

8. Press PHB to implement its commitment to equity in all facets of its work.

B. Budget Review and Recommendations.

1. Function as the Budget Advisory Committee for the Portland Housing Bureau.

2. Assist PHB to align its resources from all sources to its mission and priorities.

3. Identify opportunities for PHB to influence other public agency budgets and proposed work programs in furtherance of its mission.

C. Resource Development. Assist PHB to identify and recommend ways to increase the resources available to maintain and expand the supply and availability of affordable housing and necessary support services through new initiatives and programs.

D. Program Development and Evaluation.

1. Advise PHB on the effectiveness of housing programs at meeting PHB’s mission.

2. Advise on strategies for investment of public resources in furtherance of the PHB’s mission.

E. Public-Private Partnerships.

1. Advise PHB on strategies to improve access to public and private sources of financing for affordable housing initiatives. Sources of financing include banks, philanthropic institutions and other socially-motivated investors, the State Housing Trust Fund, Block Grant and entitlement funders, and bond issuing agencies.

2. Foster housing production by identifying opportunities to streamline the regulatory process.

3. Actively encourage the support, personal commitment, and participation of highly respected community leaders in furthering the City’s affordable housing agenda.

F. Community and Intergovernmental Relations.

1. Provide a forum for members of the community to provide comment about community needs and priorities.

2. Advise PHB on its legislative agenda to increase federal and state support for housing and supportive services.

3. Advise PHB on opportunities to coordinate regional housing policy with the Metropolitan Service District and other local governments.

4. Advise PHB on opportunities to coordinate policy development with local housing and social service groups.

5. Assist PHB to extend and deepen its community partnerships.

6. Assist PHB to integrate the perspectives of Urban Renewal Advisory Committees (URACs), and advise it on other ways it can engage the URACs to inform its broader agenda.

7. Periodically review PHB’s broader public involvement strategy and implementation to make sure that community members and stakeholders have many opportunities to participate in PHB’s work.

8. Advise PHB on its external communications strategy to make sure that it supports PHB’s mission.

9. Periodically review PHB’s information and referral strategy to make sure that it operates effectively and recommend changes.

Portland, OR § 3.38.040 Membership.
Effective: 12/14/10 – Through: 5/31/23
A. The PHAC shall consist of at least twelve and no more than fifteen members.

B. The City of Portland shall appoint all members.

C. Membership appointment shall achieve a balanced citizen-based perspective embracing a high level of knowledge of and expertise in market-rate and rent-restricted housing development and finance, asset management, homeownership, and housing access and stabilization services.

D. Membership appointment shall take into account the income, racial, ethnic, cultural, and geographic diversity of the community

E. Members will be expected to transcend their individual interests and affiliations to focus on the big picture.

F. For the initial appointments to PHAC, the following terms will apply: six members shall be appointed for a term of two years; and six for a term of three years.

G. All subsequent appointments to the PHAC shall be for terms of two years.

H. Members appointed for one two-year term shall be eligible to renew for one additional two-year term.

I. Members shall serve without compensation. However, the City may authorize reimbursement of the reasonable expenses of the members for carrying out the work of the PHAC.

J. The PHAC shall adopt rules of procedure (bylaws) as necessary for the governance of its proceedings.

Ordinance No. 187855
Effective: 7/31/16 – Through: 5/31/23
Establish a Construction Excise Tax to fund affordable housing initiatives from an Inclusionary Housing Fund (Ordinance; add Code Chapter 6.08 and Section 5.04.530)

The City of Portland ordains:

Section 1. The Council finds:

1. The City of Portland has a critical need for housing affordable to households earning at or below 80% of the median household income, and there are insufficient resources to address this need.

2. In the 2016 Legislative Session, the Oregon Legislature passed Senate Bill 1533 authorizing, among other things, the Oregon cities or counties to impose construction excise taxes to fund affordable housing initiatives and other specified uses, including remitting a required portion of revenue to the Oregon Department of Housing and Community Services (OHCS).

NOW, THEREFORE, the Council directs:

a. City Code Title 6 is amended by adding a new Chapter 6.08 Construction Excise Tax, as set forth in the attached Exhibit A.

b. City Code Chapter 5.04 is amended by adding a new section as follows:

5.04.530 Inclusionary Housing Fund.

The Inclusionary Housing Fund is hereby created to receive net revenues from the Construction Excise Tax. Disbursements from the fund shall be for the purposes identified in Section 6.08.130 of this Code. Except for those established purposes, in no case shall any funds be transferred from the Inclusionary Housing Fund to the City’ s General Fund, or any other fund, for any other purpose.

c. Once a year during the annual City budget process through the State of Housing in Portland annual report, the Portland Housing Bureau shall report to City Council on the revenue collected by the City under this Ordinance and the use of that revenue.

d. The Bureau of Planning and Sustainability, working with the Bureau of Development Services, shall actively monitor how the City’s Construction Excise Tax imposed under Chapter 6.08 impacts the redevelopment of brownfields, and shall report back to council no later than August 1, 2017. Depending on the extent of any negative impacts, the Bureau shall present Council with options to mitigate those impacts on brownfield redevelopment.

Section 2. The amendments to Chapter 6.08 and Chapter 5.04 shall be effective on and after August 1, 2016. The tax imposed under Chapter 6.08 shall apply to building permit applications submitted to the Bureau of Development Services on and after August 1, 2016.

[…]

City of Portland Bureau of Transportation Complete Street Policy: Director’s Statement
Effective: 6/20/19 – Through: 6/30/22
The City of Portland (City) has long demonstrated a commitment to providing a safe and accessible transportation system for all Portlanders. For decades, the City has led the country in providing equitable, safe, affordable, and accessible multimodal transportation options. Therefore, this Policy Statement reiterates the City’s and the Portland Bureau of Transportation’s (PBOT) commitment to a Complete Streets approach by recognizing existing plans, policies, and procedures that support Complete Streets implementation.

1. Vision

Pursuant to the City’s 2035 Comprehensive Plan (Comp Plan), Transportation System Plan (TSP), Bicycle Plan for 2030 and the Citywide Pedestrian Plan, the city shall prioritize safe, comfortable pedestrian and bicycle travel in the city through designated multimodal street networks and classifications.

2. Users of the transportation system

The City will prioritize the most vulnerable users of the transportation system – those who walk and bicycle. This commitment is reflected in the City’s Comprehensive Plan, specifically:

Policy 9.6. Implement a prioritization of modes for people movement by making transportation system decisions according to the following ordered list: first Walking, second Bicycling, followed by transit then other motor vehicle modes

Policy 9.9. the city will improve and adapt the transportation system to better meet the needs of the most vulnerable users, including the young, older adults, and people with different abilities.

Goal 9. E, the transportation system provides all Portlanders options to move about the city and meet their daily needs by using a variety of safe, efficient, convenient, and affordable modes of transportation including walking, cycling, driving, and using public transit. Transportation investments are responsive to the distinct needs of each community.

3. Complete Streets commitment during all phases of all capital projects

All capital projects on city streets must account for each modal plan and classification in order to be consistent with Portland’s complete street policies.

• Relevant PBOT plans in addition to the 2035 Transportation System Plan include:

• Pedestrian Master Plan (1998)

• PedPDX Pedestrian Plan (2019)

• Freight Master Plan (2006)

• Portland Bicycle Plan for 2030 (2010)

• Vision Zero Action Plan (2016)

• Safe Routes to School Project Planning (2018)

• Neighborhood Greenway Assessment Report (2015)

• PBOT 5-Year Racial Equity Work Plan (2016)

The Comp Plan and TSP direct the creation and maintenance of Street Classification Descriptions and Maps for Traffic, Transit, Bicycles, Pedestrians, Freight, Emergency Response, and Street Design.

In addition, all PBOT capital projects must complete the Capital Project Development (Complete Streets) Checklist (see attached) at project initiation. Capital projects, including both major and minor projects, are evaluated at project initiation using the Project Development Checklist to ensure policy compliance and leverage funding to create complete streets across the city. This checklist, which is updated regularly, is used as a tool to align major projects with Bureau-wide goals and policies. Data and information compiled by the checklist is available for project managers and other staff throughout the life of the project

Under Oregon state law, footpaths and bicycle trails, including curb cuts or ramps as part of the project, shall be provided wherever a highway, road or street is being constructed, reconstructed or relocated. The law requires the Oregon Department of Transportation (ODOT), counties and cities (including PBOT) to provide walkways and bikeways on all roadway construction, reconstruction, or relocation projects. The funding source or amount are not the determining factors; what is important is that pedestrian and bicycle facilities be provided as part of road improvements. (ORS 366,514, aka the “Bike Bill” 1971)

4. Coordination with other jurisdictions Agencies outside the City also own and operate facilities within Portland and provide funding for new facilities. The City and PBOT demonstrate a commitment to coordination with regional partners with policies such as the following:

Comp Plan Policy 9.62. Coordinate with state and federal agencies, local and regional governments, special districts, other City bureaus, and providers of transportation services when planning for, developing, and funding transportation facilities and services.

5. Multi-modal design guidelines

PBOT has established design guidance to ensure safe accommodation of pedestrians and bicyclists as projects are implemented throughout the city. A commitment to flexible and innovative design is directed by multiple sections of the Comp Plan:

Comp Plan Policy 9.14. (Coordination) integrate both placemaking and transportation functions when designing and managing streets by encouraging design, development, and operation of streets to enhance opportunities for them to serve as places for community interaction, environmental function, open space, tree canopy, recreation, and other community purposes, as articulated in

Policy 8.47 (Flexible Design) Allows flexibility in right-of-way design and development standards to appropriately reflect the pattern area and other relevant physical, community, and environmental contexts and local needs.

Policy 8.47a states the City shall use a variety of transportation resources in developing and designing projects for all City streets, such as the City of Portland’s Pedestrian Design Guide, Bicycle Master Plan-Appendix A, NACTO Urban Bikeway Design Guide, NACTO Urban Street Design Guide, Portland Parks and Recreation Trail Design Guidelines, Designing for Truck Movements and Other Large Vehicles, City of Portland Green Street Policy, Stormwater Management Manual, and Design Guide for Public Street improvements and Neighborhood Greenways

Further, as stated in Comp Plan policy 8.47 a, PBOT has adopted separate pedestrian design guidelines and bikeway design guidelines. Capital projects are required to follow these guidelines. Of the guides mentioned in the policy, the following resources offer guidance for bicycle and pedestrian facility design:

• The City of Portland’s Pedestrian Design Guide,

• Bicycle Master Plan-Appendix A, NACTO Urban Bikeway Design Guide,

• NACTO Urban Street Design Guide,

• Portland Parks and Recreation Trail Design Guidelines,

• Design Guide for Public Street Improvements

6. Land use and context sensitivity

The City and PBOT have committed to building projects that consider land use and are context sensitive, which is reflected in the 2035 Portland Comprehensive Plan. This integration of land use and transportation is reflected in Street Classifications for pedestrian, bicycle, and transit as well as other uses:

Comp Plan Policy 9.2 establishes Street Policy Classifications to guide development of complete street networks for pedestrians, bicycles, and transit. This includes maintaining and implementing street policy classifications for pedestrian, bicycle, transit, freight, emergency vehicle, and automotive movement, while considering access for all modes, connectivity, adjacent planned land uses, and state and regional requirements.

The Comprehensive Plan also calls for the City to consider land use and context sensitivity:

Comp Plan Policy 9.13. Evaluate adjacent land uses to help inform street classifications in framing, shaping, and activating the public space of streets. It also guides development and land use to create the kinds of places and street environments intended for different types of streets.

Comp Plan Policy 8.36 Design, improve, and maintain public rights-of-way and facilities in ways that are compatible with, and that minimize negative impacts on, their physical, environmental, and community context.

Comp Plan Goal 9.3. Portland’s transportation system enhances quality of life for all Portlanders, reinforces existing neighborhoods and great places, and helps make new great places in town centers, neighborhood centers and corridors, and civic corridors.

7. Performance measures

As is stated in Policy 9.49 of Portland’s Comprehensive Plan and TSP, performance measures must be established. Among others, these include measures intended to improve street safety for vulnerable users, reduce drive-alone trips, and decrease transportation-related carbon emissions.

Comp Plan Goals 9.A. through 9.1. establish multimodal performance measures and measures of system completeness to evaluate and monitor the adequacy of transportation services based on performance measures. The City and PBOT use these measures to evaluate overall system performance, inform corridor and area-specific plans and investments, identify project and program needs, evaluate and prioritize investments, and regulate development, institutional campus growth, zone changes, Comprehensive Plan Map amendments, and conditional uses.

Specific performance measures include, but are not limited to:

• Eliminate deaths and serious injuries for all who share Portland streets by 2025 (Policy 9.49a)

• Maintain or decrease the number of peak period non-freight motor vehicle trips, system-wide and within each mobility corridor to reduce or manage congestion (Policy 9.49b)

• By 2035, reduce the number of miles Portlanders travel by car to 11 miles per day or less, on average (Policy 9.49c)

• Establish mode split targets in 2040 Growth Concept areas within the City, consistent with Metro’s targets for these areas (Policy 9.490)

• By 2035, increase the mode share of daily non-drive alone trips to 70 percent citywide (Policy 9.49e)

• By 2035, 70 percent of commuters walk, bike, take transit, carpool, or work from home at approximately the following rates (Policy 9.499):

o Walk 7.5% o Bicycle 25%

o Transit 25%

o Carpool 12.5% O SOV 30% or less

o Work at home 10% (calculated outside the modal targets)

• By 2035, reduce Portland’s transportation-related carbon emissions to 50% below 1990 levels, at approximately 934,000 metric tons (Policy 9.49g)

• By 2025, increase the percentage of new mixed use zone building households not owning an automobile from approximately 13% (2014) to 25%, and reduce the percentage of households owning two automobiles from approximately 24% to 10% (Policy 9.49h)

• Develop and use alternatives to the level-of-service measure to improve safety, encourage multimodal transportation, and to evaluate and mitigate maintenance and new trip impacts from new development (Policy 9.49i)

Comp Plan Policy 9.5. Mode share goals and vehicle Miles Travelled (VMT) reduction. Increase the share of trips made using active and low-carbon transportation modes. Reduce VMT to achieve targets set in the most current Climate Action Plan and Transportation System Plan, and meet or exceed Metro’s mode share and VMT targets.

8. Project selection criteria

In addition to the mode-specific plans for active transportation, Portland’s Transportation System Plan (TSP) directs the prioritization of transportation investments in the city and guides the work of the Portland Bureau of Transportation (PBOT). It provides direction on the criteria by which transportation investments are selected, prioritized, and built in the city.

Comp Plan Policy 9.2. Maintain and implement the Transportation System Plan (TSP) as the decision-making tool for transportation-related projects, policies, programs, and street design.

Comp Plan Policy 9.66, a transportation project and program selection criteria consistent with TSP goals 9A through 91, to cost-effectively achieve access, placemaking, sustainability, equity, health, prosperity, and safety goals.

The Transportation Policy for People movement (Comp Plan Policy 9.6), described on page 1, outlines a prioritization of modes for people movement by setting the following steps:

• The needs and safety of each group of users are considered, and changes do not make existing conditions worse for the most vulnerable users higher on the ordered list.

• All users’ needs are balanced with the intent of optimizing the right of way for multiple modes on the same street.

• When necessary to ensure safety, accommodate some users on parallel streets as part of a multi – street corridor.

• Land use and system plans, network functionality for all modes, other street functions, and complete street policies, are maintained.

• Policy-based rationale is provided if modes lower in the ordered list are prioritized.

9. Implementation

As Director, I’m issuing this statement to acknowledge PBOT’s responsibility to implement city policies aimed at providing Complete Streets through a multimodal transportation system that meets the needs of Portlanders of all ages and abilities. The implementation of these policies occurs through building capital projects (using tools such as the Project Development Checklist), street design guidelines, program delivery, funding prioritization, and private development requirements among other PBOT activities.

[…]

Or. Rev. Stat. § 653.601. Definitions
01/01/2020 – 07/01/2024
As used in ORS 653.601 to 653.661:

(1)(a) “Employee” means an individual who renders personal services at a fixed rate to an employer if the employer either pays or agrees to pay for personal services or permits the individual to perform personal services.

(b) “Employee” includes, but is not limited to:

(A) An individual who is paid on a piece-rate basis or the basis of the number of operations accomplished or quantity produced or handled;

(B) Individuals paid on an hourly, salary or commission basis;

(C) Individuals for whom withholding is required under ORS 316.162 to 316.221;

(D) Home care workers as defined in ORS 410.600; and

(E) Personal support workers as defined in ORS 410.600.

(c) “Employee” does not include:

(A) An employee who receives paid sick time under federal law;

(B) An independent contractor;

(C) A participant in a work training program administered under a state or federal assistance program;

(D) A participant in a work-study program that provides students in secondary or post-secondary educational institutions with employment opportunities for financial assistance or vocational training;

(E) A railroad worker exempted under the federal Railroad Unemployment Insurance Act; and

(F) An individual employed by that individual’s parent, spouse or child.

(2)(a) “Employer” means any person that employs one or more employees working anywhere in this state, a political subdivision of the state and any county, city, district, authority, public corporation or entity, and any instrumentality of a county, city, district, authority, public corporation or entity, organized and existing under law or charter.

(b) “Employer” includes an employer located in a city with a population exceeding 500,000.

(c) “Employer” does not include the federal government.

(3)(a) “Employer located in a city with a population exceeding 500,000” includes, but is not limited to, an employer that maintains any office, store, restaurant or establishment in that city.

(b) “Employer located in a city with a population exceeding 500,000” does not include an employer that maintains only a seasonal farm stand or a trailer that is used temporarily on a construction site for office purposes only.

(4) “Family member” has the meaning given that term in ORS 659A.150.

(5)(a) “Front-load,” except as provided in paragraph (b) of this subsection, means to assign and make available a certain number of hours of sick time to an employee as soon as the employee becomes eligible to use sick time and on the first day of the immediately subsequent year without regard to an accrual rate.

(b) For employees employed by an employer for less than a full year, “front-load” means to assign and make available to an employee as soon as the employee becomes eligible to use sick time a number of hours of sick time that is the pro rata percentage of the hours the employee would be entitled to for an entire year based on the number of hours the employee was actually employed by the employer for the year.

(6) “Paid sick time” means time off:

(a) That is provided to an employee by an employer that employs 10 or more employees;

(b) That may be used for the purposes specified in ORS 653.616; and

(c) That is compensated at the regular rate of pay and without reductions in benefits, including but not limited to health care benefits, that the employee earns from the employer at the time the employee uses the paid sick time.

(7) “Sick time” means time during which an employee is permitted to be absent from work for a reason authorized under ORS 653.616 without a reduction in benefits, including but not limited to health care benefits, that the employee earns from the employer.

(8) “Year” includes any consecutive 12-month period, such as a calendar year, a tax year, a fiscal year, a contract year or the 12-month period beginning on the anniversary of the date of employment of the employee.

Or. Rev. Stat. § 653.606 Employer to provide sick time; accrual and use of sick time
07/01/2017 – 07/01/2024
(1)(a) Employers that employ at least 10 employees working anywhere in this state shall implement a sick time policy that allows an employee to accrue at least one hour of paid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works. Employers may limit the number of hours of paid sick time that employees may accrue to 40 hours per year.

(b) Employers that employ fewer than 10 employees working anywhere in this state shall implement a sick time policy that allows an employee to accrue at least one hour of unpaid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works. Employers may limit the number of hours of unpaid sick time that employees may accrue to 40 hours per year.

(c) Employers that employ at least 10 employees working anywhere in this state and front-load for employees at least 40 hours of paid sick time or paid time off at the beginning of each year used to calculate the accrual and usage of sick time or time off need not comply with subsections (1)(a) and (3) of this section.

(d) Employers that employ fewer than 10 employees working anywhere in this state and front-load for employees at least 40 hours of unpaid sick time or unpaid time off at the beginning of each year used to calculate the accrual and usage of sick time or time off need not comply with subsections (1)(b) and (3) of this section.

(2)(a) The number of employees employed by an employer shall be ascertained by determining that the per-day average number of employees is 10 or greater for each of 20 workweeks in the calendar year or the fiscal year of the employer immediately preceding the year in which the leave is to be taken.

(b) If the business of the employer was not in existence for the entire year preceding the determination made under paragraph (a) of this subsection, the number of employees shall be based on any 20 workweeks preceding the request for sick time, which may include workweeks in the current year, the preceding year or a combination of workweeks in the current year and the preceding year.

(c) As used in this subsection, “employee” does not include an individual or the parent, spouse or child of an individual who is:

(A) A director of a corporation who has a substantial ownership interest in the corporation;

(B) A member of a limited liability company who has:

(i) A right to vote on or consent to any matter submitted to a vote or requiring the consent of the members of the limited liability company; and

(ii) A substantial ownership interest in the limited liability company;

(C) A partner of a limited liability partnership who has a substantial ownership interest in the limited liability partnership; or

(D) A sole proprietor of a business.

(d) As used in paragraph (c) of this subsection, “substantial ownership interest” means a percentage of ownership equal to or greater than the average percentage of ownership of all owners, but not less than 15 percent.

(3) An employee shall begin to earn and accrue sick time on the first day of employment with an employer. The employee may carry over up to 40 hours of unused sick time from one year to a subsequent year. However, an employer:

(a) May adopt a policy that limits an employee to accruing no more than 80 total hours of sick time; and

(b) May adopt a policy that limits an employee to using no more than 40 hours of sick time in a year.

(4)(a) An employer is not required to carry over unused sick time if, by mutual consent, the employer and an employee agree that:

(A) If the employer has 10 or more employees working anywhere in this state, the employee will be paid for all unused paid sick time at the end of the year in which the sick time is accrued and the employer will credit the employee with an amount of paid sick time that meets the requirements of this section on the first day of the immediately subsequent year; or

(B) If the employer has fewer than 10 employees working anywhere in this state, the employer will credit the employee with an amount of sick time that meets the requirements of this section on the first day of the immediately subsequent year.

(b) The Commissioner of the Bureau of Labor and Industries shall adopt rules for the determination of the number of employees employed by an employer.

(5)(a) An employee is eligible to use sick time beginning on the 91st calendar day of employment with the employer and may use sick time as it is accrued.

(b) An employer may authorize an employee to use accrued sick time prior to the 91st calendar day of employment.

(c)(A) An employer that employs 10 or more employees working anywhere in this state shall pay an employee for accrued sick time used at the regular rate of pay of the employee.

(B) For an employee who is paid on a commission or piece-rate basis by an employer that employs 10 or more employees working anywhere in this state, the employer shall pay the employee for accrued sick time used at a rate equal to at least the minimum wage specified in ORS 653.025.

(C) For an employee who is paid an hourly, weekly or monthly wage and is also paid on a piece-rate or commission basis by an employer that employs 10 or more employees working anywhere in this state, the employer shall pay the employee for accrued sick time used at a rate equivalent to the employee’s hourly, weekly or monthly wage or equal to the minimum wage specified in ORS 653.025, whichever is greater.

(6) An employee who is exempt from overtime requirements under 29 U.S.C. 213(a)(1) of the federal Fair Labor Standards Act of 1938 is presumed to work 40 hours in each workweek for the purpose of accrual of sick time unless the actual workweek of the employee is less than 40 hours, in which case sick time accrues based on the actual workweek of the employee.

(7) Nothing in ORS 653.601 to 653.661 requires an employer to compensate an employee for accrued unused sick time upon the employee’s termination, resignation, retirement or other separation from employment.

(8) An employer may not require an employee to:

(a) Search for or find a replacement worker as a condition of the employee’s use of accrued sick time; or

(b) Work an alternate shift to make up for the use of sick time.

(9) Upon mutual consent by the employee and the employer, an employee may work additional hours or shifts to compensate for hours or shifts during which the employee was absent from work without using accrued sick time for the hours or shifts missed. However, the employer may not require the employee to work additional hours or shifts authorized by this subsection. If the employee works additional hours or shifts, the employer must comply with any applicable federal, state or local laws regarding overtime pay.

(10) An employee retains accrued sick time if the employer sells, transfers or otherwise assigns the business or an interest in the business to another employer.

(11)(a) An employer shall restore previously accrued unused sick time to an employee who is reemployed by that employer within 180 days of separation from employment with the employer.

(b) If an employee leaves employment with an employer before the 91st day of employment and subsequently is reemployed by that employer within 180 days of separation from employment, the employer shall restore the accrued sick time balance the employee had when the employee left the employment of the employer and the employee may use accrued sick time after the combined total of days of employment with the employer exceeds 90 calendar days.

(12) If an employee is transferred to a separate division, entity or location of the employer but remains employed by that same employer, the employee is entitled to use all sick time accrued while working at the former division, entity or location of the employer and is entitled to retain or use all sick time as provided by ORS 653.601 to 653.661.

(13) Employers located in a city with a population exceeding 500,000 shall comply with ORS 653.601 to 653.661, except that:

(a) If an employer located in a city with a population exceeding 500,000 employs at least six employees working anywhere in this state, the employer shall implement a policy consistent with this section as it applies to employers with at least 10 employees working anywhere in this state.

(b) If an employer located in a city with a population exceeding 500,000 employs fewer than six employees working anywhere in this state, the employer shall implement a policy consistent with this section as it applies to employers with fewer than 10 employees working anywhere in this state.

Or. Rev. Stat. § 653.616 Allowable use of sick time
01/01/2016 – 07/01/2024
An employee may use sick time earned under ORS 653.606:

(1) For an employee’s mental or physical illness, injury or health condition, need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for preventive medical care.

(2) For care of a family member with a mental or physical illness, injury or health condition, care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition or care of a family member who needs preventive medical care.

(3) Notwithstanding ORS 659A.153, for any other purpose specified in ORS 659A.159.

(4) For a purpose specified in ORS 659A.272, notwithstanding ORS 659A.270 (1).

(5) To donate accrued sick time to another employee if the other employee uses the donated sick time for a purpose specified in this section and the employer has a policy that allows an employee to donate sick time to a coworker for a purpose specified in this section.

(6) In the event of a public health emergency. For purposes of this subsection, a public health emergency includes, but is not limited to:

(a) Closure of the employee’s place of business, or the school or place of care of the employee’s child, by order of a public official due to a public health emergency;

(b) A determination by a lawful public health authority or by a health care provider that the presence of the employee or the family member of the employee in the community would jeopardize the health of others, such that the employee must provide self care or care for the family member; or

(c) The exclusion of the employee from the workplace under any law or rule that requires the employer to exclude the employee from the workplace for health reasons.

Or. Rev. Stat. § 653.661 Preemption
01/01/2016 – 07/01/2024
The State of Oregon preempts all charter and statutory authority of local governments as defined in ORS 174.116 to set any sick leave requirements.

Or. Rev. Stat. § 659A.270 Definitions
06/01/2023 – 07/01/2024
As used in ORS 659A.270 to 659A.285:

(1) “Covered employer” means an employer who employs six or more individuals in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave to address domestic violence, harassment, sexual assault bias or stalking, or in the year immediately preceding the year in which an eligible employee takes leave to address domestic violence, harassment, sexual assault, bias or stalking.

(2) “Eligible employee” means an employee who is a victim of domestic violence, harassment, sexual assault, bias or stalking or is the parent or guardian of a minor child or dependent who is a victim of domestic violence, harassment, sexual assault, bias or stalking.

(3) “Protective order” means an order authorized by ORS 30.866, 107.095 (1)(c), 107.700 to 107.735, 124.005 to 124.040, 163.730 to 163.750 or 163.760 to 163.777 or any other order that restrains an individual from contact with an eligible employee or the employee’s minor child or dependent.

(4) “Victim of bias” means:

(a) An individual who has been a victim of a bias crime as defined in ORS 147.380; or

(b) Any other individual designated as a victim of bias by rule adopted under ORS 659A.805.

(5) “Victim of domestic violence” means:

(a) An individual who has been a victim of abuse, as defined in ORS 107.705; or

(b) Any other individual designated as a victim of domestic violence by rule adopted under ORS 659A.805.

(6) “Victim of harassment” means:

(a) An individual against whom harassment has been committed as described in ORS 166.065.

(b) Any other individual designated as a victim of harassment by rule adopted under ORS 659A.805.

(7) “Victim of sexual assault” means:

(a) An individual against whom a sexual offense has been committed as described in ORS 163.305 to 163.467, 163.472 or 163.525; or

(b) Any other individual designated as a victim of sexual assault by rule adopted under ORS 659A.805.

(8) “Victim of stalking” means:

(a) An individual against whom stalking has been committed as described in ORS 163.732;

(b) An individual designated as a victim of stalking by rule adopted under ORS 659A.805; or

(c) An individual who has obtained a court’s stalking protective order or a temporary court’s stalking protective order under ORS 30.866.

(9) “Victim services provider” means a prosecutor-based victim assistance program or a nonprofit program offering safety planning, counseling, support or advocacy related to domestic violence, harassment, sexual assault, bias or stalking.

Or. Rev. Stat. § 659A.272 Leave from Work
06/01/2023 – 07/01/2024
Except as provided in ORS 659A.275, a covered employer shall allow an eligible employee to take reasonable leave from employment for any of the following purposes:

(1) To seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee’s minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, harassment, sexual assault, bias or stalking.

(2) To seek medical treatment for or to recover from injuries caused by domestic violence or sexual assault to, harassment or stalking of or the commission of a bias crime against the eligible employee or the employee’s minor child or dependent.

(3) To obtain, or to assist a minor child or dependent in obtaining, counseling from a licensed mental health professional related to an experience of domestic violence, harassment, sexual assault, bias or stalking.

(4) To obtain services from a victim services provider for the eligible employee or the employee’s minor child or dependent.

(5) To relocate or take steps to secure an existing home to ensure the health and safety of the eligible employee or the employee’s minor child or dependent.

Or. Rev. Stat. § 659A.150 Definitions
06/01/2023 – 07/01/2024
As used in ORS 659A.150 to 659A.186:

(1) “Covered employer” means an employer described in ORS 659A.153.

(2) “Eligible employee” means any employee of a covered employer other than those employees exempted under the provisions of ORS 659A.156.

(3) “Family leave” means a leave of absence described in ORS 659A.150 to 659A.186, except that “family leave” does not include leave taken by an eligible employee who is unable to work because of a disabling compensable injury, as defined in ORS 656.005, under ORS chapter 656.

(4) “Family member” means:

(a) The spouse of an eligible employee;

(b) A child of an eligible employee or the child’s spouse or domestic partner;

(c) A parent of an eligible employee or the parent’s spouse or domestic partner;

(d) A sibling or stepsibling of an eligible employee or the sibling’s or stepsibling’s spouse or domestic partner;

(e) A grandparent of an eligible employee or the grandparent’s spouse or domestic partner;

(f) A grandchild of an eligible employee or the grandchild’s spouse or domestic partner;

(g) The domestic partner of an eligible employee; or

(h) Any individual related by blood or affinity whose close association with an eligible employee is the equivalent of a family relationship.

(5) “Health care provider” means:

(a) A person who is primarily responsible for providing health care to an eligible employee or a family member of an eligible employee, who is performing within the scope of the person’s professional license or certificate and who is:

(A) A physician licensed under ORS chapter 677;

(B) A physician associate licensed under ORS 677.505 to 677.525;

(C) A dentist licensed under ORS 679.090;

(D) A psychologist licensed under ORS 675.030;

(E) An optometrist licensed under ORS 683.070;

(F) A naturopath licensed under ORS 685.080;

(G) A registered nurse licensed under ORS 678.050;

(H) A nurse practitioner licensed under ORS 678.375;

(I) A direct entry midwife licensed under ORS 687.420;

(J) A licensed registered nurse licensed by the Oregon State Board of Nursing as a nurse practitioner specializing in nurse midwifery;

(K) A regulated social worker authorized to practice regulated social work under ORS 675.510 to 675.600; or

(L) A chiropractic physician licensed under ORS 684.054, but only to the extent the chiropractic physician provides treatment consisting of manual manipulation of the spine to correct a subluxation demonstrated to exist by X-rays.

(b) A person who is primarily responsible for the treatment of an eligible employee or a family member of an eligible employee solely through spiritual means, including but not limited to a Christian Science practitioner.

(6) “Public health emergency” means:

(a) A public health emergency declared under ORS 433.441.

(b) An emergency declared under ORS 401.165 if related to a public health emergency as defined in ORS 433.442.

City of Portland RFP00000729 Sustainable Procurement Excerpt
10/01/2017 – 06/01/2024
1. SUSTAINABILITY STANDARDS

1.1. Mandatory Environmental and Human Health Requirements

Products provided under this Contract and contained in the City Standard Furniture Catalog shall follow the Mandatory Environmental and Human Health requirements contained herein. Throughout this section, products that are required to meet the Mandatory Environmental and Human Health requirements will be referred to as “EHH-Applicable Furniture”.

• Public Furniture: All products

• Conference Furniture: All products except storage carts/dollies and power stations

• Support Furniture: All products

• Collaboration Furniture: All products

• Kit-of-Parts: All products except task lights, monitor arms, keyboard trays, CPU slings, power stations, and small accessories (e.g. paper trays, pencil holders).

In addition, the following Mandatory Environmental and Human Health requirements apply to the finished product as assembled, unless otherwise specified. For example, compliance with the VOC Emission requirements applies to the finished product as assembled and thus, the applicable thirdparty certification must be for the finished product as assembled, not the individual components.

The Contractor will be expected to limit product finishes and textiles offerings to those that maintain compliance with these Mandatory Environmental and Human Health requirements. For example, City end-users should not receive information on surface materials or textiles that would conflict with these requirements or otherwise void a VOC Emission certificate (i.e. some surface materials are not included in a product’s VOC certification).

1.1.1. Upon request, Contractor will be expected to provide applicable documentation confirming that products meet the City’s Sustainability Standards for furniture. As applicable to the individual criteria, documentation will be in the form of third-party certificates, product test results, applicable forms, a formal letter of assurance from the manufacturer stating the product meets individual sustainability criteria, and/or other documentation as needed to meet green building certification documentation requirements (such as for LEED, WELL, Living Building Challenge, etc.). These requests may occur during evaluation of new products to be added to the City Standard Furniture Catalog and/or as part of documentation requests required for LEED or WELL City projects.

1.1.2. All EHH-Applicable Furniture provided under this Contract shall meet the following environmental and human health requirements:

a. Flame Retardants

All EHH-Applicable Furniture shall be free of added flame retardant chemicals; this applies to both standard and optional furniture components. Exception:

• Electrical components may contain non-halogenated flame retardants.

b. VOC Emissions

All EHH-Applicable Furniture under this Contract shall be third-party certified as to meeting the California Department of Public Health (CDPH) Standard Method v1.2.2017 (or most current), for the testing and evaluation of VOC emissions from indoor sources using the office environment exposure scenario (Emission testing method California Specification 01350). Compliance with the CDPH standard shall be tested in accordance with ANSI/BIFMA Standard Method M7.1-2011. Product certification must be valid at the time a product is added to the City Standard Furniture Catalog and be kept valid as long as the product is provided through this Contract. Valid certification must meet the certification requirements below and demonstrate that the product has been tested within the past five years. The manufacturer shall have a policy and internal protocols in place for retesting products when major changes occur to the product (e.g. material changes, supplier changes).

VOC Certification and Documentation Requirements

Third-party certification must be performed by a certification organization that is ISO 17065:2012 compliant and the laboratory’s Quality Management System (QMS) and applicable test procedures are conducted in accordance with ISO/IEC 17025:2005. Documentation demonstrating compliance with this requirement shall be provided to the City upon request.

Third-party VOC certification documentation shall be provided to the City for all EHHApplicable Furniture. The third-party product certification documentation must specifically state:

• Product manufacturer name and address

• Brand name of certified product(s)

• Any exclusions to the certifications (e.g. specific product configurations/options that are not certified)

• Certified product conforms to the required specification

• The exposure scenario used to determine compliance

• Certification date (or start date and expiration date)

• Name of the certification organization

c. Formaldehyde

All EHH-Applicable Furniture containing composite wood materials (including hardwood plywood, hardwood plywood veneer core, hardwood plywood composite core, particleboard, or medium density fiberboard), whether raw or finished, shall comply with Phase 2 of California’s Code of Regulations, Title 17 §93120.2 – Airborne Toxic Control Measure to Reduce Formaldehyde Emission from Composite Wood Products. Compliance documentation for this requirement may be satisfied by demonstrating applicable components meet the requirement (as opposed to finished product as assembled).

d. Antimicrobials

All EHH-Applicable Furniture shall be free of intentionally added or built-in antimicrobial agents.

e. Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)

All EHH-Applicable Furniture components that constitute at least 5%, by weight, of the finished product must contain less than 100 parts per million (ppm) of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS), including perfluorooctanoic acid (PFOA).

f. PVC

No product containing PVC greater than 1% by weight shall be sold to the City under this Contract.

g. Fabrics/Textiles

All fabrics/textiles utilized on a finished product under this Contract must:

i. be cleanable without dry-cleaning chemicals;

ii. be free of added flame retardant chemicals;

iii. be free of intentionally added or built-in antimicrobial agents;

iv. contain less than 100 parts per million (ppm) of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS), including perfluorooctanoic acid (PFOA);

v. contain less than 100 parts per million (ppm) of hexavalent chromium and heavy metals, including mercury, cadmium, lead and antimony; and

vi. be third-party certified to at least one of the following standards:

• GOTS

• Oeko-Tex 100

• STeP

• Cradle to Cradle

• NSF/ANSI 336-2011

2. Reporting Requirements (See contract excerpt below)

3. Ongoing Compliance Reporting for Mandatory Environmental, Human Health, and Certification Requirements

Before fulfilling an order, Contractor shall ensure the products meet the City’s Sustainability Standards for furniture as defined in Attachment 3 Furniture Requirements. Upon request, the Contractor will be expected to provide applicable documentation confirming this. As applicable to the individual criteria, documentation will be in the form of third-party certificates, product test results, applicable forms, a formal letter of assurance from the manufacturer stating the product meets individual sustainability criteria, and/or other documentation as needed to meet green building certification documentation requirements (such as for LEED, WELL, Living Building Challenge, etc.). Since the majority of products will be through the City’s standard kitof-parts, this will only apply during the initial establishment of the kit, and for any subsequent exceptions. The Contractor will be expected to work closely with City project teams working on green building projects to provide the necessary furniture related documentation for the green building certification being pursued. New “EHH-Applicable Furniture” may not be added to the resulting Price Agreement without first demonstrating compliance with the mandatory Sustainability Standards.

RFP PHASE 1 EVALUATIVE CRITERIA (Sustainability Excerpts)

NOTE: Pass/Fail criteria included product compliance with mandatory sustainability specifications.

1. Describe your firm’s experience working with project teams in providing LEED-related product compliance documentation, both for MR(v4) and EQ credits.

2. Indicate which items in the Kit-of-Parts have the following product certifications or documentation available.

a. Living Product

b. Environmental Product Declarations (EPDs)

c. C2C Certification

d. Health Product Declaration (HPD)

e. Material Ingredient Disclosure (MID)

f. Declare Label

g. BIFMA level Scorecard

h. Green Circle Certification (Material Ingredient Reporting)

3. Indicate which items in the Kit-of-Parts are available with FSC certified wood components or finishes (as applicable). Indicated whether the FSC certified wood is standard or is available as an option. If optional, indicate typical percent price premium over the standard.

4. Describe how the system is designed for easy repair. Provide specific examples, including what can easily be replaced/repaired on-site.

5. Describe how the system is designed to minimize waste to landfills at the end of its useful life. Give a specific example of how the system can be easily recycled. If the manufacturer has a product-take-back program provide program details as to how it works, costs, logistics, etc.

6. Describe your approach to minimizing product packaging and shipping materials waste to landfill, such as using reusable shipping materials and/or recyclable packaging materials. Include details as to how your team will manage the product packaging/shipping materials during installation to ensure product packaging/shipping materials are not landfilled.

RFP PHASE 2 EVALUATIVE CRITERIA (Sustainability Excerpts)

1. In alignment with the City’s Green Building Policy, the Portland Building Reconstruction Project is pursuing LEED Gold certification, including the MR section from LEED BD+C v4. The project is also incorporating features from the WELL building certification standard. The successful proposer will be expected to be a partner in ensuring project furniture contributes to achieving applicable LEED MR v4 and EQ credit criteria, including the MR v4 Building Product Disclosure and Optimization credits. Who from your firm will be the point of contact for this portion of the scope of work and what is their experience in supporting LEED v4 compliance and documentation requests? Does either point of contact have experience supporting WELL Building projects?

2. As specified in Attachment 2 of the RFP, the City has specific Environmental and Human Health (EHH) requirements for furniture. Describe how you plan to ensure that products sold under the resulting price agreement will comply with these and other mandatory criteria contained in Attachment 2. As part of your answer, address how you will direct end-users to core material, textile, and surface options that comply with the EHH requirements.

3. Submit a five-page excerpt of a usage report from a current (non-City) client with all the data fields required per section 1.10.1 of the RFP. In addition to the Third-Party VOC Emissions product certification and Fabric/Textile Sustainability certification data fields, provide a list of other sustainability attribute/certification data fields that can be included in your usage reports for customers.

4. Describe your the furniture manufacturer’s capability to provide material ingredient disclosure documentation (MID or HPD) and Environmental Product Declarations (EPDs) for up to 5 highvolume furniture products for the Portland Building Reconstruction Project.

5. As available, for each of the following products provide: 1) a material ingredient disclosure (HPD or MID); 2) Environmental Product Declaration form (EPD); and 3) the BIFMA level Scorecard. a. (five specific products listed for the proposer to respond to)

6. Describe how the furniture manufacturer verifies products are free of added flame retardant chemicals (except electrical components). Include any references to internal or third-party testing, supplier disclosure protocols, etc.

7. What percentage of applicable products have as the default, wording on the flammability label that is compliant with Section 19094 of the California Business and Professions Code (i.e. applicable products sold outside of California)?

8. Does the furniture manufacturer have publicly declared carbon, water, and waste reduction goals and does the firm track and publicly report on meeting those goals? If so, describe the scope of these initiatives and provide a link to the publicly available reports.

9. Does the furniture manufacturer offer, or is planning to offer, carbon neutral products? If so, what is the scope and timeline for the offering and how is a carbon neutral product defined by Steelcase? (e.g. manufacturing only or manufacturing and supply-chain or other)

10. Does the furniture manufacturer offer, or is planning to offer, products certified as Living Products? If so, what is the scope and timeline for the offering?

11. Is your firm or the furniture manufacturer a signatory to the UN Global Compact?

12. Are any of the furniture manufacturer’s supply chain manufacturing factories/facilities SA8000certified? If yes, list the quantity and percent of certified facilities within their supply chain.

13. Highlight at least one way the furniture manufacturer is advancing the protection of human rights within their supply chain. (leadership going above and beyond regulatory requirements)

14. Provide information on any other sustainability innovations applicable to your proposal you think the City should know about.

EXECUTED CONTRACT REQUIREMENTS (sustainability related excerpts)

May 2018

1. City Standard Furniture Catalog

Contractor shall:

a. Develop and maintain a catalog containing all City Standard Furniture (“City Standard Furniture Catalog”), whereby authorized City employees can view City Standard Furniture and related compliant finishes and textiles. Development and maintenance of the City Standard Furniture Catalog will occur in collaboration with the City Project Manager, Contract Administrator, and related City staff.

b. Direct authorized City employees to the City Standard Furniture Catalog for furniture and finishes selection. Any requests to purchase furniture outside of the City Standard Furniture Catalog shall require approval through an established exception process, including review and authorization by City Sustainable Procurement Coordinator and management.

c. Collaborate with City Sustainable Procurement Coordinator on messaging to City endusers about the benefits of the sustainability features of the furniture.

2. Mandatory Sustainability Standards (same as RFP language)

3. Reporting Requirements

A. Semi-Annual Usage Report

Contractor shall submit semi-annual usage reports in a Microsoft Excel compatible format to City of Portland Procurement Services, or City’s Contract Administrator.

The usage report shall be submitted by August 15th for items invoiced from January 1 to June 30 of that year and on February 15th for items invoiced from July 1 to December 31 of that year. It shall contain the following information as separate columns:

• Order number or invoice number (unique identifier)

• City Purchase Order Number

• Order date or invoice date

• Customer number

• City Contact Name (order contact name)

• Contact Bureau Name

• Ship To Address

• Product Category (systems furniture, conference, seating, lounge)

• Manufacturer Name

• Manufacturer Product Number*

• Item Model Name*

• Item Description

• Quantity*

• Unit Price**

• Extended Price (quantity x unit price)

• Total Weight (lbs)

• Pre-Consumer Recycled Content per unit (%)

• Post-Consumer Recycled Content per unit (%)

• Hard Surface Material (e.g. laminate, veneer, etc.)

• Third Party-Certified to be Compliant with Current CDPH (CA 01350) Emissions Standard (Y/N)

• IAQ Certification Name and Certification Level (e.g. SCS Indoor Advantage Gold)

• Cradle to Cradle Certified and Overall Certification Level (e.g. Bronze, Silver, Gold)

• ANSI/BIFMA level Certification and Certification Level (e.g. one, two, three)

• Meets Healthier Hospitals Safer Chemicals Challenge (Y/N)

• Textile Brand/Manufacturer Name

• Textile Name

• Textile Certification Name and Achievement Level

* These fields should reflect functional units. For example, the line item would show the model name, quantity and price for an entire desk or chair as opposed to seeing separate line items per component (leg, surface, castor, seat pan, etc.). In other words, however that item is considered a “unit” for the purposes of IAQ certification, Cradle to Cradle certification, recycled content reporting, etc.

**installation and delivery charges should not be included in the furniture unit price.

4. Furniture End-of-Life Services

1. The service called “Phase 2” may be used to dispose of furniture. Minimum items to be included in the Phase 2 Program: Office Furniture, including, but not limited to: task chairs, systems furniture, moveable partitions, stand-alone desks, file cabinets, lobby furniture, classroom/conference furniture, and lab furniture.

2. The Contractor’s Phase 2 team shall make all efforts to perform services such that furniture reuse and recycling are maximized and waste-to-landfill is minimized, in line with the City’s 90% (by weight) landfill waste diversion goal. To the extent possible, any reuse shall occur locally (within 50 miles of project site). The Contractor shall limit donation eligibility to publicly-funded K-12 schools and 501(c)(3) charitable organizations. The Contractor will be expected to actively outreach to and engage a variety of local publicly-funded K-12 schools and 501(c)(3) charitable organizations such that multiple organizations actively receive donations. The Contractor should not repeatedly donate to the same organizations by default.

3. Specifics about the project location and types and volumes of surplus items will be outlined in individual project requests. However, for each project, Contractor’s Phase 2 team must provide the following services:

i. Initial Consultation. Within seven (7) business days of receiving a Phase 2 request from a City Bureau, the Phase 2 team shall meet with the requesting Bureau contacts to acquire project information and schedule a walkthrough. The initial consultation shall also address any need for after-hours or weekend scheduling and security clearance requirements

. ii. Walkthrough and Disposition Plan. Conduct a site walkthrough to assess inventory and building restrictions. Within seven (7) business days of walkthrough, Phase 2 team to provide a disposition plan and project quote. The plan shall include an assessment of item fate (sale, donation, other reuse, recycling, landfill), project timeline, primary contact names and numbers, and an estimated percent waste recovery rate.

iii. Finalize Phase 2 Plan and Quote. Confirm a final disposition plan with the City project manager and schedule work.

iv. Local Subcontractor/Team Management and Coordination. Find, onboard and select subcontractors and related vendors (e.g. movers, resellers) that contribute to meeting the following requirements:

• Confirm and provide documentation demonstrating that any on-site personnel performing the services meet security clearance requirements stipulated in the individual project request.

v. Preparation of Items for Repurposing or Recycling

• Disassemble as needed to safely move items or otherwise facilitate repurposing and recycling

• Conduct final inventory

• Coordinate tag/code items and stage/support load-out for repurposing as directed by the Contractor

vi. Furniture Removal, Loading and Delivery.

• Coordinating any buyer/donation recipient viewing and subsequent removal of specified inventory.

• Provide all necessary labor and moving equipment, tools, and vehicles need to safely move items to their final destination without compromising the value of the items.

• Provide all necessary materials to protect City property during the removal of the items from the site (e.g. corner guards, floor mats, etc.)

• Clearing out specified inventory of office furniture and other project inventory.

vii. Close-Out & Walkthrough

• Basic debris related to project work is removed and disposed responsibly by the Contractor not using the building or tenant bins unless otherwise approved by the City project manager. Space is left in broom-sweep condition. (Tenant debris may be disposed of/recycled using tenant bins).

• Collect all weigh tickets, receipts, etc. for Contractor documentation and project close-out reporting.

• Performing a final close-out walkthrough with the City representative upon completion of inventory removal. Obtain project sign off from the City project manager or designee.

viii. Project Reporting. Upon Completion of the Project:

• Phase 2 team to collect, analyze and report on key financial, social and environmental metrics and provide a tailored metrics report. At a minimum, the report shall provide percentages of donated, internal reuse, resold, recycled, and landfilled items. Donation documentation (recipient information, approximate dollar value) shall also be included in the report.

i. Liability Protection. Contractor is responsible for inspection of each item and determination of fitness for use. Contractor accepts liability for doing so.

ii. Transfer of Ownership. Once the Bureau Project Manager approves the final disposition plan and the Contractor is authorized to proceed with the Plan, Contractor assumes ownership of any items removed from City property until such items are safely transferred to the designated end-recipient or, if desired by the Bureau Project Manager, otherwise returned to the City.

5. PORTLAND BUILDING LEED AND WELL CERTIFICATION DOCUMENTATION REQUIREMENTS

The Portland Building is pursuing LEEDv3 building certification. During the planning for the project, the team elected to do a LEEDv4 Materials Swap. The swap replaces the LEEDv3 MR (Materials & Resources) credits with the LEEDv4 MR credits.

While the LEEDv4 Low-emitting materials (LEM) credit is not being pursued (rather, LEEDv3), furniture must meet the VOC Emissions requirements stated in the City’s Furniture Requirements (Attachment 3). LEM related documentation will be in alignment with the City’s Furniture Requirements.

The project is also pursuing WELL certification and will require specific documentation to satisfy that submittal package as well. The documentation requirements below list takes into account all three of these program efforts.

A. LEEDv4 MR Credit Documentation Requirements

• Cost information for each product

• Quantity of each product

• Environmental Product Declarations (EPD’s) or Life-cycle assessments (LCA’s).

o The City prefers Product Specific EPD’s and will evaluate other options if proposed.

o A Product Specific LCA/EPD shall be produced and provided for the primary workstation system (panels and free-standing tables) selected for the building.

o The project team will work with the Contractor on opportunities for additional Product Specific LCA/EPDs from the remainder of the furniture scope, targeting high volume/high total spend items. The City’s goal for this project is to have at least 5 Product Specific EPDs from the furniture scope.

• Building product disclosures

o Documentation that complies with the requirements below shall be provided for at least 5 products (high volume/high total spend) from the furniture scope to satisfy LEED MR credit requirements.

o The City will accept any of the following options.

▪ Manufacturer Self-disclosures OR Health Product Declarations (HPD’s). (Compliant with LEEDv4)

• Publicly available inventory of all ingredients by name and CASRN and/or EC Number. Inventoried to 1000 or 100 ppm.

• Any materials defined as trade secret or intellectual property may withhold the name and/or CASRN/EC Number but must disclose role, amount and hazard screening using either:

o Greenscreen benchmark, as per GreenScreen v1.2

o The Globally Harmonized System (GHS) of Classification of Labeling of Chemicals rev. 6 (2015).

▪ Material Health Certifications or Labels

• Cradle to Cradle Certificates (Bronze, Silver, Gold or Platinum)

• Cradle to Cradle Materials Health Certificates (Bronze, Silver, Gold or Platinum)

• Declare Labels

• ANSI/BIFMA Scorecard with 7.5.1.3 (3 points achieved) ver. e32014.

• ANSI BIFMA Scorecard with 7.4.1.3 (3 points achieved) ver. e32012.

• UL Product Lens Certificates

• Recycled Content information (%) (when applicable)

o Pre-consumer recycled content (%)

o Post-consumer recycled content (%)

• FSC documentations (when applicable)

o % of product by weight that is FSC certified new wood.

o FSC Chain of Custody certificate

B. LEED IEQ/LEM & WELL Feature 4 VOC Reduction Documentation Requirements

• Documentation shall be provided for 95% (by cost) of purchased furniture.

• Cost information for each product

• Quantity of each product

• Refer to Attachment 3, City Furniture Requirements, VOC Emissions Requirements

City of Portland ADM-1.09, Sustainable Procurement Policy
07/20/2022 – 06/01/2024
1. Purpose

In accordance with the City of Portland Sustainable City Principles [1994, 2015] the City of Portland [the City] recognizes that:

1. the products and services the City purchases have inherent social, human health, environmental, and economic impacts;

2. the human health, environmental, social, and economic impacts of products and services occur throughout their life cycle and throughout the associated supply chains;

3. the City can leverage its purchasing to reduce adverse impacts throughout product or service life cycles and influence positive change within spanets and communities; and

4. by understanding and taking responsibility for the full, life cycle impacts and costs of goods and services associated with City purchases, the City reduces risk, practices fiscal responsibility, reduces adverse social and environmental impacts, and contributes to sustainable development in general.

As such, the City is committed to understanding and taking appropriate responsibility for the impacts of its purchasing by:

1. establishing this Sustainable Procurement Policy to guide purchasing decisions at the City;

2. integrating sustainable procurement best practices established by this Sustainable Procurement Policy and subsequent sustainable procurement resources into the City’s procurement processes and decision making; and

3. maintaining a Sustainable Procurement Program adequate to support City purchasing decisions and to facilitate stakeholder collaboration, compliance, and continuous improvement.

2. Applicability

This policy applies to all types of City-funded procurements and to all City divisions and employees. Specific employee roles, responsibilities, and expectations are further described within this policy.

3. Policy Statement

All City employees shall utilize the City’s sustainable procurement guiding principles and follow sustainable procurement best practices when planning and designing projects, developing project and operations budgets, developing asset management plans, writing product and service specifications or standards, selecting materials, making purchasing or supplier decisions, and developing and managing City contracts and price agreements as applicable to their roles and responsibilities and/or to a specific project. In doing so, City employees shall strive to be leaders in sustainable procurement and reduce adverse social, human health, and environmental impacts associated with City purchases while maintaining fiscal health, both in the short and long-term.

4. Sustainable Procurement Guiding Principles

1. Everything is Connected. All life depends on healthy natural systems. Humanity depends on vibrant and fair social systems. Our purchasing decisions impact these systems on all levels.

2. Conserve. Reuse first. Buy only what we need second. Acknowledge real limits of natural resources.

3. Think in 3D. Consider all 3 dimensions—environmental, social, economic—when evaluating options. Look for hidden costs to people and planet not included in price.

4. Take a Life Cycle Perspective. All purchases have impacts over the life of the product or service. Think about long-term costs to people, planet, and the City.

5. Provide Fair Opportunities. Ensure suppliers have a full and fair chance to compete. Promote transparency in decision making and actively mitigate bias.

6. Ensure Health and Safety. Take precautions. Avoid toxins that recirculate in air, water, soils and materials to harm people and animals.

7. Uphold Accountability. Reinforce responsibility and ethical behavior throughout our supply chain, upstream and downstream.

8. Support Innovation. Increase demand and build spanet capacity for sustainable solutions. Change the status quo for the better.

9. Full Integration. Utilize 3D thinking in all planning, purchasing, and contract management practices. Respect interests of all stakeholders.

10. Lead the Way. Seek continuous improvement and collaborate with other agencies to make a positive difference. Together, many small actions add up to big change.

5. Sustainable Procurement Prioritization

Based on sustainability-related spend analyses and City sustainability policy synergies, the City shall target sustainable procurement practices that:

1. Reduce greenhouse gases (GHGs);

2. Prevent or otherwise reduce exposures to Substances of (Very) High Concern (SVHCs, SHCs);

3. Foster and integrate supplier diversity; and/or

4. Support safe and fair labor practices and ethical behavior throughout the supply chain.

The Sustainable Procurement Program shall develop guidance for City employees to help maximize fiscally responsible “high value, high impact” actions based on the above targeted impact areas and operational contexts.

This section may be updated in between policy revisions per the continuous maintenance process.

6. Sustainable Procurement Best Practices

The following sustainable procurement baseline and emerging best practices are procurement practices derived from historical City sustainability policies and/or reputable sustainable procurement research and guidance. These best practices may be updated in between policy revisions per the continuous maintenance process. Implementation tools and specific guidance for these best practices shall be provided through the Sustainable Procurement Program.

Baseline Best Practices

Baseline best practices represent sustainable procurement processes, decisions, methodologies, or actions that should be incorporated into City purchasing activities by default (“how we do business”).

Greenhouse Gases (GHG) Emissions Reduction

1. Invest in energy efficient products, services and technologies that result in simple paybacks of ten years or less.

2. Specify and buy recycled content products with as high post-consumer waste content as possible while meeting responsible performance specifications; including packaging and shipping materials. Key materials to target for recycled content include paper, plastics, metals, asphalt, and concrete.

3. Specify and buy paper products that meet the City’s Environmentally Responsible Paper Standard.

4. Invest in highly fuel-efficient and low carbon fueled fleet vehicles and equipment, following an “electric first” strategy. Include installation of electric charging stations where appropriate. Bureaus are responsible for metering electricity fuel use for tracking purposes.

5. Specify and buy reusable, refillable, and readily recyclable products, including packaging and shipping materials. Invest in processes, technologies, products, or services that reduce waste.

6. Invest in on-site renewable energy technologies at applicable City-owned facilities as defined by the City’s Green Building Policy.

7. Purchase renewable energy for City electricity use.

8. Ensure architectural, engineering, and related design services deliverables incorporate City green building and green infrastructure policies and practices.

9. Invest in processes, technologies, products, or services that reduce consumption of natural resources or chemicals.

10. Avoid the use of aerosol cleaning products and canned air products.

11. Avoid the use of bottled water; support access to bottle-fill tap water stations.

Harmful Chemicals Reduction

1. Seek out and utilize processes, technologies, services and products that reduce exposure of Substances of (Very) High Concern (SVHCs/SHCs) to people and the environment. Follow the Precautionary Principle when evaluating the comparative toxicity of processes, products, or services.

2. Specify and utilize interior finishes (paints, flooring, furniture, etc.) that meet third-party leadership standards for less-toxic and low-emitting products.

3. Specify and utilize interior cleaning and maintenance products that meet third-party leadership standards for less-toxic and low-emitting products, including products used by contractors who clean and maintain City facilities. Specify and utilize least-toxic disinfectants and use disinfectants judiciously.

4. Specify and utilize electronics products that meet third-party leadership standards that include mandates for reducing/eliminating SVHCs/SHCs. Specify and utilize electronic recyclers that meet third-party leadership standards for responsible electronics recycling.

5. Use effective and progressive integrated pest management strategies to minimize reliance on pesticides of concern and to ensure careful screening of products, their use, and potential impacts.

6. Do not use exterior materials containing zinc, copper, arsenic, or other materials that can contaminate stormwater and are toxic to aquatic life.

7. Utilize vegetable-based oil, food-grade oil or other environmentally comparable vehicle/equipment oil products, where available, and biodegradable hydraulic fluids.

Supplier Diversity and Fair and Safe Supply Chains

1. Seek out and utilize State certified DMWESB and SDVB contractors.

2. Purchase apparel products from manufacturers that comply with the City’s Code of Conduct for Apparel Manufacturers and disclose the apparel product’s point-of-assembly factory locations.

3. When acting in the City’s proprietary interests, expedite labor procurement standards in highrisk industries (such as janitorial, security, and industrial laundry services) to avoid labor disputes and resulting disruption to services provided by Portland-area workers. Require labor peace agreements for all contracts (as defined in Attachment 4) in these industries, upon adoption of this policy

Sustainable Procurement Tools/Multi-Purpose

1. Specify and select products and services independently certified to reputable third-party environmental and/or social product and/or service leadership standards, preferably multiattribute standards that evaluate products or services along their entire life cycle.

2. Whenever possible, utilize life cycle costing methods to determine the full cost of a product, service or design.

3. Utilize strategic procurement methodologies to obtain the best value while advancing sustainable procurement. Applicable strategic procurement methodologies include, but are not limited to: spend consolidation (focusing solicitations only on sustainable procurement products/services); aggregation (leveraging collective purchasing power); standardization (reducing product variety); servicizing; or negotiating for innovation (supplier engagement).

[. . .]

9. Policy Compliance

City employees are responsible for complying with this policy, utilizing applicable Sustainable Procurement Program tools and resources, and providing targeted sustainable procurement data as requested.

As outlined in the Sustainable Procurement Metrics and Reporting section, the Sustainable Procurement Program shall track Key Performance Indicator (KPI) data at the bureau level to the extent possible to facilitate feedback to bureaus on sustainable procurement performance. The Sustainable Procurement Program shall also develop other feedback loops for bureaus to convey effectiveness of sustainable procurement specifications, processes, and program resources.

The Sustainable Procurement Program shall seek opportunities to incentivize compliance with this policy through recognition, process improvements, or other strategic methods.

10. Sustainable Procurement Metrics and Reporting

The following metrics and reporting requirements shall encourage continuous improvement and may be updated in between policy revisions per the continuous maintenance process. For each of the targeted impact areas, the Sustainable Procurement Program shall develop at least one Key Performance Indicator (KPI). As sustainable procurement data capabilities and sustainable procurement resources advance, the Sustainable Procurement Program shall develop additional KPIs. To the extent possible, the Sustainable Procurement Program shall develop and track KPI data at the bureau level to facilitate feedback to bureaus on sustainable procurement performance. To facilitate continuous improvement and process efficiencies, the City shall invest in sustainable procurement spend and impact data, life cycle costing, cost-benefit, and/or supplier evaluation tracking and reporting tools as best practices in sustainable procurement metrics and data capabilities develop. The Sustainable Procurement Program shall report annually on the prioritized impact area KPIs and seek to increase reporting frequency and data access as applicable tools become available. Annual reports/KPI data shall be posted on the Sustainable Procurement Program website.

11. Policy Update and Continuous Maintenance Process

Policy Update Process

The Chief Procurement Officer and Sustainable Procurement Program staff shall periodically bring together stakeholders to review and update this policy.

Continuous Maintenance Process

Sections of this policy subject to continuous maintenance may be revised in between policy update cycles in order to incorporate new applicable initiatives, best practices, tools, capabilities and processes, and remove outdated references. Updates made to this policy through continuous maintenance will be posted on the Sustainable Procurement Program website and reference the month and year the update was made. The continuous maintenance process shall be initiated by the Sustainable Procurement Program Manager. Proposed updates shall be reviewed by applicable stakeholders for input and refinement. Proposed updates shall be approved by an internal multi-bureau stakeholder group, such as the Procurement Services Bureau Liaison Group or equivalent. Continuous maintenance updates shall occur no more frequently than once a year.

[. . .]

Portland City Code § 5.33.080 Sustainable Procurement
03/04/2020 – 06/01/2024
A. Sustainable Procurement Policy. Under the direction of the Chief Procurement Officer, Procurement Services shall develop and maintain a Sustainable Procurement Policy that directs action to understand and take responsibility for the environmental, social, and economic impacts of City Procurement decisions using a Life Cycle perspective. All City bureaus and offices shall comply with the Sustainable Procurement Policy and include the Sustainable Procurement Policy directives and best practices in their Procurement planning and decisions.

B. Consumption Reduction. As part of the City’s Sustainable Procurement commitment, City bureaus and offices shall strive to reduce consumption by using strategies such as, but not limited to, the following:

1. Fully assessing the need;

2. Reusing, repairing, and repurposing goods and materials on hand;

3. Purchasing durable goods and materials;

4. Purchasing goods with minimal packaging;

5. Utilizing manufacturer leasing and take-back programs;

6. Purchasing reusable, repairable, and recyclable goods and materials;

7. Investing in technologies and processes that facilitate reuse, consumption reduction, or lean inventories.

C. Life Cycle Costing. As part of the City’s commitment to understanding and taking responsibility for the environmental, social, and economic impacts of City Procurement decisions, whenever feasible City bureaus and offices shall utilize Life Cycle costing methods to determine the full cost of a product, service, or design, and factor these costs into Procurement decisions and Contract award criteria. This includes factoring in the social cost of carbon and similar methodologies that monetize the human health, social, and environmental impacts of the City’s Procurement decisions.

D. Use of Product or Service Sustainability Standards or Labels.1. City bureaus and offices shall utilize, as applicable, reputable third-party environmental and/or social product and/or service standards (“sustainability standards”) when specifying or procuring Goods or Services. Reputable sustainability standards are those that:

a. Have been developed by a third-party through a public, transparent, and broad stakeholder process;

b. The standard criteria are relevant and represent leadership in the applicable issue areas for the covered Goods or Services; preferably addressing multiple environmental or social impacts throughout the product or service Life Cycle.

2. City bureaus and offices shall utilize, as applicable, reputable third-party environmental and/or social product and/or service labels (“sustainability labels”) when specifying or procuring Goods or Services. Reputable sustainability labels are those:

a. That represent product or service compliance to a reputable, third-party sustainability standard;

b. Where product or service compliance to the standard is verified by an impartial third-party;

c. Where the label is awarded by an impartial third-party;

That satisfy the standards for sustainability certification and label programs developed by the International Organization for Standardization or other recognized standards-setting or accreditation organizations.

Multnomah County Code § 21.560 – DEFINITIONS.
01/01/2024 – 06/01/2024
Arm’s Length Transaction. A sale in good faith and for valuable consideration that reflects the fair market value in the open market between two or more informed and willing parties, none of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an Arm’s Length Transaction.

Department. Multnomah County Health Department.

Flavored Tobacco Product. Tobacco product with a distinguishable or distinctive natural or artificial taste, flavor, smell or aroma, other than tobacco, that emanates from or is imparted by a tobacco product, a component of a tobacco product, or a tobacco product’s smoke or vapor at any time prior to or during consumption. Flavored tobacco products include (but are not limited to) those tobacco products with a mint, menthol, wintergreen, fruit, candy, honey, cocoa, chocolate, herb, spice, vanilla, liquor, and any and all other distinguishable or distinctive natural or artificial tastes, flavors, smells, or aromas, other than tobacco.

Inhalant Delivery System. Any device or component of a device meeting the definition of “inhalant delivery system” in MCC § 21.510.

Retail Sale. Any transfer, conditional or otherwise, of title or possession of Tobacco Products.

Tobacco Products.

(A) Any substance containing, made, or derived from tobacco or nicotine, natural or synthetic, that is intended for human consumption by any means including but not limited to cigarettes, cigars, little cigars, pipe tobacco, shisha, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco or nicotine.

(B) Electronic cigarettes or any inhalant delivery systems containing or delivering nicotine.

(C) Vape juice or e-liquid defined as any aerosol or liquid solution that vaporizes when heated to make a smoke-like vapor and that contains nicotine or any nicotine containing product, in any amount or concentration, including tobacco plant extract, tobacco dust, or synthetic nicotine in any amount, concentration or strength, in any form including but not limited to bottled, pre-filled cartridges, or as part of a kit.

This definition excludes any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for any other therapeutic purpose, if the product is spaneted and sold solely for such an approved purpose.

Tobacco Retailer. Any person or entity, as defined in ORS 60.001, that owns a business that sells, offers for retail sale, exchanges or offers to exchange Tobacco Products, including inhalant delivery systems retailers as defined in MCC § 21.510, or that distributes free or low cost samples of Tobacco Products. This definition is without regard to the quantity of Tobacco Products sold, offered for retail sale, exchanged, offered for exchange, or distributed.

Multnomah County Code § 21.563 – PROHIBITED ACTIVITIES.
01/01/2024 – 06/01/2024
(A) It is a violation of this subchapter for a Tobacco Retailer to make available Tobacco Products:

(1) Without a Tobacco Retail License.

(2) From a motor vehicle.

(3) Outside original packaging containing health warnings satisfying the requirements of federal law.

(4) To a person who appears to be under the age of 27 years without first examining the recipient’s identification to confirm that the recipient is at least the minimum age under federal, state, or local law to purchase and possess Tobacco Products.

(B) It is a violation of this subchapter for a Tobacco Retailer to make available any Flavored Tobacco Product to any person.

(C) It is a violation of this subchapter to fail to comply with license terms, the rules adopted pursuant to this subchapter, and federal, state, and local laws relating to the retail sale of tobacco products.

–

Or. Rev. Stat. § 90.100. Definitions
06/11/2021 – 06/01/2024
[…]

(12) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. “Dwelling unit” regarding a person who rents a space for a manufactured dwelling or recreational vehicle or regarding a person who rents moorage space for a floating home as defined in ORS 830.700, but does not rent the home, means the space rented and not the manufactured dwelling, recreational vehicle or floating home itself.

[…]

Portland OR 7.02.890 Residential Rental Registration Program.
02/16/2024 – 06/01/2024
A. For tax years beginning on or after January 1, 2018, all owners of a residential rental unit in the City are required to register the unit and annually provide a schedule that includes the address of all owned residential rental units within the City. The Director may require additional data about the unit by administrative rule. If a property or structure contains more than one dwelling unit, the term residential rental unit refers to each separate dwelling unit.

B. In the first tax year of the Residential Rental Registration Program, no additional fee will be imposed in connection with the registration. In subsequent years, a fee may be enacted to partially or fully recover the administration costs of the program in addition to other services as the Council may direct. Any fee schedule would be created and amended by administrative rule in accordance with Section 7.02.210. Penalties shall not apply for failure to file rental registration data in the 2018 tax year. Beginning in tax year 2019 and beyond, the penalty and interest provisions of Sections 7.02.700 and 7.02.710 A. shall apply.

C. A person who rents a space for a manufactured dwelling, recreational vehicle, or moorage space for a floating home, but does not rent the actual manufactured dwelling, recreational vehicle, or floating home, is exempt from the registration requirements of this Section.

D. Also exempt from the registration requirements of this Section is any residential rental unit regulated or certified as affordable housing by federal, state, or local government, which requires the unit to be affordable to households earning no more than 60 percent of the median family income, as determined under guidelines established by the United States Department of Housing and Urban Development.

Portland OR 7.02.100 Definitions.
02/16/2024 – 06/01/2024
The terms used in this Chapter are defined as provided in this section or in Administrative Rules adopted under Section 7.02.210, unless the context requires otherwise:

A. “Division” means the Revenue Division of the City of Portland, Oregon Bureau of Revenue and Financial Services, along with its employees and agents.

B. “Business income” has the same meaning as “apportionable income” defined in Oregon Revised Statutes 314.610.

C. “Business tax” means the tax owed by a taxfiler for any particular license tax year.

D. “Business” means an enterprise, activity, profession or undertaking of any nature, whether related or unrelated, by a person in the pursuit of profit, gain, or the production of income, including services performed by an individual for remuneration, but does not include wages earned as an employee.

E. “Certificate of Compliance” means the document (or license) issued to a taxfiler upon full compliance with the Business License Law for the license tax year in question.

F. “Controlling Shareholder” means any person, alone or together with that person’s spouse, parents, and/or children, who, directly or indirectly, owns more than five (5) percent of any class of outstanding stock or securities of the taxfiler. The term “controlling shareholder” may mean the controlling shareholder individually or in the aggregate.

G. “Day” means a calendar day unless otherwise noted.

H. “Director” means the Director of the Revenue Division or his or her designee.

I. “Doing Business” means to engage in any activity in pursuit of profit or gain, including but not limited to, any transaction involving the holding, sale, rental or lease of property, the manufacture or sale of goods or the sale or rendering of services other than as an employee. Doing business includes activities carried on by a person through officers, agents or employees as well as activities carried on by a person on his or her own behalf.

J. “Employee” means any individual who performs services for another individual or organization and whose compensation is reported by an IRS Form W-2.

K. “In Compliance” means that:

1. a non-exempt business has filed and paid the current year’s required business tax; or

2. a non-exempt business has filed and paid the previous year’s required business tax and has met the current year filing requirements; or

3. an exempt business has filed the required income verification; or

4. a new business has filed a completed registration form and is otherwise in compliance with all provisions of the Business License Law.

L. “Income” means the net income arising from any business, as reportable to the State of Oregon for personal income, corporation excise or income tax purposes, before any allocation or apportionment for operation out of state, or deduction for a net operating loss carry-forward or carry-back.

M. “Individual” means a natural person, including natural persons who report their income to the State of Oregon in a joint personal state income tax return. In such case, the term “individual” shall refer to the joint taxfiler.

N. “Large Retailer” means a business that:

1. is subject to the Portland Business License Tax;

2. has total gross income, as reported per Section 7.02.610, from Retail Sales of $1 billion or more in the tax year; and

3. has Portland gross income, as reported per Section 7.02.610, from Retail Sales of $500,000 or more in the tax year.

4. the term “Large Retailer” does not include:

a. any manufacturer or other business that is not engaged in Retail Sales within the City;

b. any contractor as defined under ORS 701.005(5);

c. any entity operating a utility within the City;

d. any cooperative recognized under state or federal law; or

e. a federal or state credit union

O. “License Tax Year” means the taxable year of a person for federal or state income tax purposes.

P. “Net Operating Loss” means the negative taxable income that may result after the deductions allowed by the Business License Law in determining net income for the tax year.

Q. “Non-business income” has the same meaning as “nonapportionable income” defined in Oregon Revised Statutes 314.610.

R. “Notice” means a written document mailed by first class by the Division to the last known address of a taxfiler as provided to the Division in the latest registration form or tax return on file with the Division. Alternatively, notice may be delivered in person, by facsimile, email, or other means with taxfiler consent.

S. “Ownership of Outstanding Stock or Securities” means the incidents of ownership which include the power to vote on the corporation’s business affairs or the power to vote for the directors, officers, operators or other managers of the taxfiler.

T. “Person” includes, but is not limited to, an individual, a natural person, sole proprietorship, partnership, limited partnership, family limited partnerships, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, limited liability partnership or any other form of organization for doing business.

U. “Qualified Groceries” means food products that qualify for purchase under the U.S. Department of Agriculture Supplemental Nutritionals Assistance Program (“SNAP”).

V. “Qualified Medicine or Drugs” means any medicine, drugs, or medical devices that are regulated by the U.S. Food and Drug Administration as a medicine or drug.

W. “Qualified Health Care Services” means any services that involves the provision of health care to the public, including but not limited to doctor, medical clinic and hospital visits and all related services, health insurance, and any care provided by senior care facilities or rehabilitation facilities. This definition includes but is not limited to all services defined as “health care services” under ORS 750.005(5).

X. “Qualified Residential Garbage or Recycling Services” means any services provided by a business that are governed by PCC 17.102.140 or PCC 17.102.170.

Y. “Qualified Retirement Plan” has the same meaning as prescribed in IRC § 401.

Z. “Received” means the postspan date affixed by the United States Postal Service if mailed or the date stamp if delivered by hand or sent by facsimile, or the receipt date from the online file and pay application confirmation notice.

AA. “Registration Form” means the initial form that establishes a taxfiler’s account with the Division.

BB. “Residential Rental Unit” means a “dwelling unit” a defined by ORS 90.100, and subject to Oregon’s Residential Landlord and Tenant Act in ORS Chapter 90, that is rented or offered for rent for a period of more than 30 consecutive days.

CC. “Retail Gross Revenue” means Retail Sales excluding the deductions outlined in Subsection 7.02.500 F.3.

DD. “Retail Sale” means a sale to a consumer for use or consumption, and not for resale. Retail Sale also includes but is not limited to the sale of services, including but not limited to retail banking services.

EE. “Tax return” means any tax return filed by or due from the taxfiler, including an annual exemption request form.

FF. “Tax Year” means the taxable year of a person for Federal and/or State income tax purposes.

GG. “Taxfiler” means a person doing business within the City and required to file a return, a registration form or other income documentation under the Business License Law.

Or. Rev. Stat. § 433.845 Smoking, aerosolizing or vaporizing prohibited except in designated areas
Effective: 1/1/16 – Through: 6/1/23
(1) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a public place or place of employment except as provided in ORS 433.850.

(2) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following parts of public places or places of employment:

(a) Entrances;

(b) Exits;

(c) Windows that open; and

(d) Ventilation intakes that serve an enclosed area.

(3) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument in a room during the time that jurors are required to use the room.

Multnomah County Code § 21.510 Definitions
Effective: 3/5/15 – Through: 6/1/23
For the purpose of this subchapter, the follow-ing definitions shall apply unless the context re-quires a different meaning.

ENCLOSED AREA. All spaces between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling.

HOSPITAL. Any facility that meets the definition of “Hospital” in ORS 442.015.

INHALANT DELIVERY SYSTEM. A device that can be used to deliver nicotine in the form of a vapor or aerosol to a person inhaling from the de-vice; or

A component of a device described above or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this section, whether the component or substance is sold separately or is not sold separately.

An inhalant delivery system does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for any other therapeutic purpose, if the product is marketed and sold solely for the approved purpose.

INHALANT DELIVERY SYSTEM RE-TAILER. Any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration inhalant delivery systems, or who distributes free or low cost samples of inhalant delivery systems, including but not limited to tobacco shops, cigar bars, convenience stores, gas stations, grocery stores, chain stores, cafes and bars, pharmacies, vape shops, etc. This definition is without regard to the quantity of inhalant delivery systems.

OUTDOOR PUBLIC AREA. Any public area immediately adjacent to a Hospital building or buildings, including but not limited to side-walks, walkways, seating areas and courtyards.

PLACE OF EMPLOYMENT. Any en-closed area under the control of a public or private employer that employees frequent during the course of employment, including, but not limited to, work areas, employee lounges, vehicles that are operated in the course of an employer’s business that are not operated exclusively by one employee, restrooms, conference rooms, classrooms, cafeterias, hallways, meet-ing rooms, elevators, and stairways. A private residence is not a “place of employment” unless it is a child care facility as defined in ORS 657A.250, an adult day care facility as defined in ORS 410.490, or a health care facility as de-fined in ORS 442.015.

SMOKING. Any inhaling, exhaling, burn-ing, or carrying any lighted cigar, cigarette, weed, plant, or other tobacco-like product or substances in any manner or in any form, including inhalant delivery systems.

Or. Rev. Stat. § 433.835 Definitions
Effective: 1/1/18 – Through: 6/1/23
(1) “Cigar bar” means a business that:

(a) Has on-site sales of cigars as defined in ORS 323.500;

(b) Has a humidor on the premises;

(c) Allows the smoking of cigars on the premises but prohibits the smoking, aerosolizing or vaporizing of other inhalants on the premises;

(d) Has been issued and operates under a full on-premises sales license issued under ORS 471.175;

(e) Prohibits persons under 21 years of age from entering the premises and posts notice of the prohibition;

(f) Does not offer video lottery games as authorized under ORS 461.217;

(g) Has a maximum seating capacity of 40 persons;

(h) Has a ventilation system that exhausts smoke from the business and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and

(i) Requires all employees to read and sign a document that explains the dangers of exposure to secondhand smoke.

(2) “Enclosed area” means the entirety of the space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling.

(3) “Inhalant” means nicotine, a cannabinoid or any other substance that:

(a) Is in a form that allows the nicotine, cannabinoid or substance to be delivered into a person’s respiratory system;

(b) Is inhaled for the purpose of delivering the nicotine, cannabinoid or other substance into a person’s respiratory system; and

(c)(A) Is not approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose; or

(B) If approved by, or emitted by a device approved by, the United States Food and Drug Administration for a therapeutic purpose, is not marketed and sold solely for that purpose.

(4)(a) “Place of employment” means an enclosed area under the control of a public or private employer, including work areas, employee lounges, vehicles that are operated in the course of an employer’s business and that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators and stairways.

(b) “Place of employment” does not include a private residence unless it is used as a child care facility as defined in ORS 329A.250 or a facility providing adult day care as defined in ORS 410.490.

(5) “Public place” means an enclosed area open to the public.

(6) “Smoke shop” means a business that is certified with the Oregon Health Authority as a smoke shop pursuant to the rules adopted under ORS 433.847.

(7) “Smoking instrument” means any cigar, cigarette, pipe or other instrument used to smoke tobacco, cannabis or any other inhalant.

Multnomah County Code § 21.512 Inhalant Delivery System Use Prohibited in Places of Employment
Effective: 3/5/15 – Through: 6/1/23
No employer shall knowingly permit the use of an inhalant delivery system in a place of employment in which smoking is prohibited by law.

Multnomah County Code § 21.511 Inhalant Delivery System Use Prohibited
Effective: 3/5/15 – Through: 6/1/23
No person shall use an inhalant delivery system in any place within Multnomah County where smoking is prohibited by law.

Or. Rev. Stat. § 433.850 Workplace free of smoke, aerosols and vapors containing inhalants; exceptions; signs
Effective: 4/21/17 – Through: 6/1/23
(a) Shall provide for employees a place of employment that is free of all smoke, aerosols and vapors containing inhalants; and

(b) May not allow employees to smoke, aerosolize or vaporize inhalants at the place of employment.

(2) Notwithstanding subsection (1) of this section:

(a) The owner or person in charge of a hotel or motel may designate up to 25 percent of the sleeping rooms of the hotel or motel as rooms in which the smoking, aerosolizing or vaporizing of inhalants is permitted.

(b) Smoking of noncommercial tobacco products for ceremonial purposes is permitted in spaces designated for traditional ceremonies in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996.

(c) The smoking of tobacco products is permitted in a smoke shop.

(d) The smoking of cigars is permitted in a cigar bar that generated on-site retail sales of cigars of at least $5,000 for the calendar year ending December 31, 2006.

(e) A performer may smoke or carry a lighted smoking instrument that does not contain tobacco or cannabis, and may aerosolize or vaporize a substance that does not contain nicotine or a cannabinoid, while performing in a scripted stage, motion picture or television production if:

(A) The production is produced by an organization whose primary purpose is producing scripted productions; and

(B) The act of smoking, aerosolizing or vaporizing is an integral part of the production.

(f) The medical use of marijuana is permitted in the place of employment of a licensee of a professional licensing board as described in ORS 475C.892.

(3) An employer, except in those places described in subsection (2) of this section, shall post signs that provide notice of the provisions of ORS 433.835 to 433.875.