The State DOJ is in the process of drafting the rules to implement several bills that have passed in the last two years. In Oregon, state agencies create specific regulations, known as Oregon Administrative Rules (OAR), to implement laws passed by the Legislature. This process requires public notification and provides an opportunity for Oregonians to comment before a proposed rule is adopted and becomes legally enforceable. This is the opportunity for you to weigh in on these rules before they are finalized. The draft rules are attached to this email.
• HB 4006 (2024 Regular Session) concerning submitting surety bonds in lieu of retainage;
• HB 3646 (2025 Regular Session) concerning a discretionary preference for employee owned businesses;
• HB 3653 (2025 Regular Session) concerning Energy Savings Contracts
Of note is that the DOJ has determined that no rulemaking is required by DOJ for HB 2688 concerning application of the Prevailing Wage Rate to certain "Offsite Bespoke Work", so that new law is not included in this rule making process. However, BOLI is sponsoring several listening sessions next week regarding HB 2688 with the public sector one being held next Thursday 1:30-3:00pm.
WHAT YOU CAN DO
The State is encouraging you to submit written comments prior to the Rules Advisory Committee meeting, which is next Wednesday. Your comments may be emailed to 2025AGModelContractingRules@doj.oregon.gov. They are particularly interested in any fiscal impact caused by the proposed revisions. The deadline for any written comments not submitted prior to the RAC meeting is November 5, 2025.
Feel free to share this widely with others in your organization that would be interested as well. Thanks for your participation in this effort to shape the rules.
Brian Smith, Chair
OPPA Legislative Committee