Bill Text: OR HB2260 | 2013 | Regular Session | Introduced

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Bill Title: Relating to Interstate 5 bridge replacement program; prescribing an effective date.

Spectrum: Unknown

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2260 Detail]

Download: Oregon-2013-HB2260-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 665

                         House Bill 2260

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of Governor John A. Kitzhaber, M.D., for
  Department of Transportation)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Declares that it is in state's interest to undertake Interstate
5 bridge replacement program. Enacts provisions relating to tolls
for program. Specifies borrowing authority of Department of
Transportation for program.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to Interstate 5 bridge replacement program; creating new
  provisions; amending ORS 381.005, 381.020, 383.003, 383.005,
  383.009, 383.015 and 383.035; repealing ORS 381.075; and
  prescribing an effective date.
Be It Enacted by the People of the State of Oregon:

                               { +
INTERSTATE 5 BRIDGE REPLACEMENT PROGRAM + }

  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 381.005 to 381.075. + }
  SECTION 2.  { + The Legislative Assembly finds that it is in
the interests of this state to undertake the Interstate 5 bridge
replacement program, a bistate, multimodal corridor improvement
program between the Washington State Route 500 interchange with
Interstate 5 in Vancouver, Washington, and the Victory Boulevard
interchange with Interstate 5 in Portland, Oregon. The program
includes:
  (1) New multimodal river crossings;
  (2) Replacement, modification and removal of the existing
Interstate 5 bridges; and
  (3) Multimodal improvements to facilitate travel in the bistate
corridor. + }
  SECTION 3. ORS 381.005 is amended to read:
  381.005.  { + (1) + } The Department of Transportation in the
name of the state may construct, reconstruct, purchase, rent,
lease or otherwise acquire, improve, operate and maintain bridges
over the Columbia River   { - to the State of Washington - } .
   { +  (2) Notwithstanding the designation of state highways
within this state under ORS 366.005 and 366.220, the department
may acquire real property necessary for the Interstate 5 bridge
replacement program, together with approaches and connecting
roads, on both sides of the Columbia River. For the purposes of
the Interstate 5 bridge replacement program, the Oregon
Transportation Commission by resolution may designate additional
approaches, connecting roads and related facilities within the
Interstate 5 corridor on both sides of the Columbia River as a
part of the Oregon state highway system. + }
  SECTION 4. ORS 381.020 is amended to read:
  381.020. The Department of Transportation may   { - pay out of
state highway funds or - }   { + use moneys in the State Highway
Fund, and + } any other   { - funds - }   { + moneys + }
available to   { - it - }   { + the department, to pay + } any
part of the cost of the construction, purchase,
 { + financing, + } maintenance, operation, repair,
reconstruction and improvement of
  { - any bridge mentioned in ORS 381.005 - }   { + those bridges
that are + } assessed and allocated to this state.   { - In the
event the bridge is operated as a toll bridge, then the share of
toll revenues accruing to this state shall be applied by the
department to reimburse the state highway funds for expenditures
made in connection with the bridge. - }
  SECTION 5.  { + ORS 381.075 is repealed. + }

                               { +
TOLLS + }

  SECTION 6.  { + Section 7 of this 2013 Act is added to and made
a part of ORS 383.005 to 383.075. + }
  SECTION 7.  { + (1) The Legislative Assembly declares that the
Interstate 5 bridge replacement program, as described in section
2 of this 2013 Act, is a bistate tollway project.
  (2) The Oregon Transportation Commission may enter into
agreements with the State of Washington, or with a toll authority
designated by the State of Washington, relating to establishing,
reviewing, adjusting and collecting tolls for the Interstate 5
bridge replacement program.
  (3) The commission shall consider the factors listed in ORS
383.004 in considering tolls for the Interstate 5 bridge
replacement program. Tolls for the program must be sufficient to:
  (a) Meet debt service requirements for any debt issued to
finance construction, development, equipping or improvement for
the program, including any reserves required by bond or other
contractual covenants;
  (b) Pay for maintenance and operation of the program; and
  (c) Fund any repair reserves, replacement reserves or other
reserves that are required by bond covenants or other contractual
covenants or that are otherwise determined by the Oregon
Transportation Commission to be necessary in connection with the
program.
  (4) The portion of toll revenues attributable to Oregon from
the Interstate 5 bridge replacement program may be used only for
the purposes described in Article IX, section 3a, of the Oregon
Constitution. The toll revenues shall be used exclusively for the
program, and may not be used for any other purpose, for so long
as bonds issued to finance the program, including any refunding
bonds, remain outstanding. + }
  SECTION 8. ORS 383.003 is amended to read:
  383.003. As used in ORS 383.003 to 383.075:
  (1) 'Department' means the Department of Transportation.
  (2) 'Electronic toll collection system' means a system that
records use of a tollway by electronic transmissions to or from
the vehicle using the tollway and that collects tolls, or that is
capable of charging an account established by a person for use of
the tollway.
  (3) 'Photo enforcement system' means a system of sensors
installed to work in conjunction with an electronic toll
collection system and other traffic control devices and that
automatically produces videotape or one or more photographs,
microphotographs or other recorded images of a vehicle in
connection with the collection or enforcement of tolls.
  (4) 'Private entity' means any nongovernmental entity,
including a corporation, partnership, company or other legal
entity, or any natural person.
  (5) 'Related facility' means any real or personal property
that:
  (a) Will be used to operate, maintain, renovate or facilitate
the use of the tollway;
  (b) Will provide goods or services to the users of the tollway;
or
  (c) Can be developed efficiently when tollways are developed
and will generate revenue that may be used to reduce tolls or
will be deposited in the State Tollway Account.
  (6) 'Toll' means any fee or charge for the use of a tollway.
  (7) 'Toll booth collections' means the manual or mechanical
collection of cash or charging of an account at a toll plaza,
toll booth or similar fixed toll collection facility.
  (8) 'Tollway' means any roadway, path, highway, bridge, tunnel,
railroad track, bicycle path or other paved surface or structure
specifically designed as a land vehicle transportation route, the
construction, operation or maintenance of which is wholly or
partially funded with toll revenues resulting from an agreement
under ORS 383.005.
  (9) 'Tollway operator' means the unit of government or the
private entity that is responsible for the construction,
reconstruction, installation, improvement,  { + financing, + }
maintenance, repair and operation of a tollway or a related
facility.
  (10) 'Tollway project' means any capital project involving the
acquisition of land for, or the construction, reconstruction,
improvement, installation, development or equipping of, a
tollway, related facilities or any portion thereof.
  (11) 'Unit of government' means any department or agency of the
federal government, any state,   { - or any agency, office or
department thereof, - }   { + any department or agency of a
state, any bistate entity created by agreement under ORS 190.420
or other law for the purposes of the Interstate 5 bridge
replacement program, + } and any city, county, district, port or
other public corporation organized and existing under statutory
law or under a voter-approved charter.
  SECTION 9. ORS 383.035 is amended to read:
  383.035. (1) A person who fails to pay a toll, established
pursuant to ORS 383.004, shall pay to the Department of
Transportation the amount of the toll, a civil penalty of not
more than $25 and an administrative fee established by the
tollway operator not to exceed the actual cost of collecting the
unpaid toll.
  (2) In addition to any other penalty, the department   { - of
Transportation - }  shall refuse to renew the motor vehicle
registration of the motor vehicle owned by a person who has not
paid the toll, the civil penalty and any administrative fee
charged under this section.
  (3) This section does not apply to:
  (a) A person operating a vehicle owned by a unit of government
or the tollway operator;
  (b) A person who is a member of a category of persons exempted
by the Oregon Transportation Commission from paying a toll; or
  (c) A person who is a member of a category of persons made
eligible by the commission for paying a reduced toll, to the
extent of the reduction.
   { +  (4) Subsection (1) of this section does not apply to a
person who fails to pay a toll established under section 7 of
this 2013 Act.

  (5)(a) Upon receiving a request from the State of Washington,
or from a private entity that has contracted with the State of
Washington to collect tolls, the department shall provide
information to identify registered owners of vehicles who fail to
pay a toll established under section 7 of this 2013 Act.
  (b) If the State of Washington, or a private entity that has
contracted with the State of Washington to collect tolls, gives
notice to the department that a person has not paid a toll
established under section 7 of this 2013 Act, or a civil penalty
or administrative fee imposed by reason of failure to pay the
toll, the department shall refuse to renew the Oregon motor
vehicle registration of the motor vehicle operated by the person
at the time of the violation.
  (c) The department may renew an Oregon motor vehicle
registration of a person described in paragraph (b) of this
subsection upon receipt of a notice from the State of Washington
or the private entity indicating that all tolls, civil penalties
and other administrative costs owed by the person have been
paid. + }

                               { +
BORROWING FOR THE INTERSTATE 5 BRIDGE REPLACEMENT PROGRAM + }

  SECTION 10.  { + The Department of Transportation may request
the State Treasurer to issue short-term bonds as provided in ORS
chapter 286A for the purpose of managing cash flows for the
Interstate 5 bridge replacement program, which may include, but
is not limited to, repaying moneys borrowed from any unit of
government, as defined in ORS 383.003. ORS 286A.035 does not
apply to any short-term bonds issued under this section. Any
bonds issued under this section shall be repaid from the proceeds
of bonds or other moneys available to the department for the
Interstate 5 bridge replacement program. + }
  SECTION 11.  { + (1) The Department of Transportation may
request the State Treasurer to issue revenue bonds, general
obligation bonds or a combination of revenue and general
obligation bonds as provided in ORS chapter 286A for the purpose
of financing the Interstate 5 bridge replacement program. The
provisions of ORS 367.555 and 367.560 do not apply to general
obligation bonds issued under this section. The proceeds of bonds
issued under this section may be deposited in a segregated
account within the State Highway Fund or with a trustee as
provided in ORS 286A.025. A unit of government, as defined in ORS
383.003, may be used as a trustee for bonds issued under the
authority of this section. The proceeds of the bonds may be
invested as provided in ORS 286A.025.
  (2) The proceeds of bonds issued under this section may be used
by the department, or loaned to a private entity or to a public
body, for the purpose of:
  (a) Financing any portion of the Interstate 5 bridge
replacement program, including the payment of costs of
acquisition of interests in land;
  (b) Providing a financial reserve required under any federal
funding agreement;
  (c) Paying costs of issuing bonds and funding bond reserves;
and
  (d) Reimbursing the State Tollway Account as provided in ORS
383.015 (4).
  (3) Moneys attributable to the Interstate 5 bridge replacement
program and deposited to, and accounted for as part of, the State
Tollway Account established by ORS 383.009 may be held by a third
party, including a unit of government as defined in ORS 383.003,
as trustee or custodian of such moneys. + }
  SECTION 12.  { + (1) Except as provided in subsection (2) of
this section, the following moneys may be pledged to payment of
bonds issued under section 11 of this 2013 Act:
  (a) Moneys attributable to tolls deposited in the State Tollway
Account established under ORS 383.009 or tolls collected and held
by a third party for the State of Oregon.
  (b) Moneys deposited in the State Highway Fund that are not
otherwise pledged or dedicated to other purposes.
  (c) Moneys loaned, granted or otherwise provided by the United
States Government that may legally be used to finance costs of
the Interstate 5 bridge replacement program.
  (2) The following moneys may not be pledged to payment of bonds
issued under section 11 of this 2013 Act:
  (a) Moneys appropriated to counties under ORS 366.762 to
366.768.
  (b) Moneys appropriated to cities under ORS 366.785 to 366.820.
  (c) Fees for the registration of campers, motor homes and
travel trailers that are required to be paid into the State Parks
and Recreation Department Fund under ORS 366.512. + }
  SECTION 13. ORS 383.005 is amended to read:
  383.005. (1) For purposes of the acquisition, design,
construction, reconstruction, operation or maintenance and repair
of tollway projects, the Department of Transportation may enter
into any combination of contracts, agreements and other
arrangements with any one or more private entities or units of
government, or any combination thereof, including but not limited
to the following:
  (a) Design-build contracts with private entities pursuant to
which a portion or all aspects of the design, construction and
installation of all or any portion of a tollway project are
accomplished by the private entity;
  (b) Lease agreements, lease-purchase agreements and installment
sale arrangements for the lease, sale or purchase of real and
personal property for tollway projects by the state from private
entities or units of government or by private entities or units
of government from the state;
  (c) Licenses, franchises or other agreements for the periodic
or long-term operation or maintenance of a tollway project;
  (d) Financing agreements for a tollway project pursuant to
which the department  { + borrows from, or + } makes any loan,
grant, guaranty or other financing arrangement  { + to or + }
with { + , + } a private entity or unit of government; and
  (e) Agreements for purchase or acquisition of fee ownership,
easements, rights of way or any other interests in land upon
which a tollway project is to be built.
  (2) The department may operate tollway projects and impose and
collect tolls on any tollway project the department operates. Any
private entity or unit of government that operates a tollway
project pursuant to an agreement with the department may impose
and collect tolls on the tollway project.
  SECTION 14. ORS 383.009 is amended to read:
  383.009. (1) There is hereby established the State Tollway
Account as a separate account within the State Highway Fund. The
State Tollway Account shall consist of:
  (a) All moneys and revenues received by the Department of
Transportation from or made available by the federal government
to the department for any tollway project or for the operation or
maintenance of any tollway;
  (b) Any moneys received by the department from any other unit
of government or any private entity for a tollway project or from
the operation or maintenance of any tollway;
  (c) All moneys and revenues received by the department from any
loan made by the department for a tollway project pursuant to ORS
383.005, and from any lease, agreement, franchise or license for
the right to the possession and use, operation or management of a
tollway project;
  (d) All tolls and other revenues received by the department
from the users of any tollway project;

  (e) The proceeds of any bonds authorized to be issued
 { - under ORS 383.023 - }  for tollway projects;
  (f) Any moneys that the department has legally transferred from
the State Highway Fund to the State Tollway Account for tollway
projects;
  (g) All moneys and revenues received by the department from all
other sources that by donation, grant, contract or law are
allocated or dedicated for tollway projects;
  (h) All interest earnings on investments made from any of the
moneys held in the State Tollway Account; and
  (i) All civil penalties and administrative fees paid to the
department from the enforcement of tolls.
  (2) Moneys in the State Tollway Account may be used by the
department for the following purposes:
  (a) To finance preliminary studies and reports for any tollway
project;
  (b) To acquire land to be owned by the state for tollways and
any related facilities therefor;
  (c) To finance the construction, renovation, operation,
improvement, maintenance or repair of any tollway project;
  (d) To make grants or loans to a unit of government for tollway
projects;
  (e) To make loans to private entities for tollway projects;
  (f) To pay the principal, interest and premium due with respect
to, and to pay the costs connected with the issuance or ongoing
administration of any bonds or other financial obligations
authorized to be issued by, or the proceeds of which are received
by, the department for any tollway project;
  (g) To provide a guaranty or other security for any bonds or
other financial obligations, including but not limited to
financial obligations with respect to any bond insurance, surety
or credit enhancement device issued or incurred by the
department, a unit of government or a private entity, for the
purpose of financing a single tollway project or any related
group or system of tollways or related facilities; and
  (h) To pay the costs incurred by the department in connection
with its oversight, operation and administration of the State
Tollway Account, the proposals and projects submitted under ORS
383.015 and the tollway projects financed under ORS 383.005.
  (3) For purposes of  { + paying or + } securing bonds
 { - authorized by ORS 383.023 - }  or providing a guaranty,
surety or other security authorized by subsection (2)(g) of this
section, the department may:
  (a) Irrevocably pledge all or any portion of the amounts that
are credited to, or are required to be credited to, the State
Tollway Account;
  (b) Establish subaccounts in the State Tollway Account, and
make covenants regarding the credit to and use of amounts in
those accounts and subaccounts; and
  (c) Establish separate trust funds or accounts and make
covenants to transfer to those separate trust funds or accounts
all or any portion of the amounts that are required to be
deposited in the State Tollway Account.
  (4) Notwithstanding any other provision of ORS 383.001 to
383.075, the department shall not pledge any funds or amounts at
any time held in the State Tollway Account as security for the
obligations of a private entity unless the department has entered
into a binding and enforceable agreement that provides the
department reasonable assurance that the department will be
repaid, with appropriate interest, any amounts that the
department is required to advance pursuant to that pledge.
  (5) Moneys in the State Tollway Account are continuously
appropriated to the department for purposes authorized by this
section.
  SECTION 15. ORS 383.015 is amended to read:

  383.015. (1) Tollway projects may be initiated by the
Department of Transportation, by a unit of government having an
interest in the installation of a tollway, or by a private entity
interested in constructing or operating a tollway project. The
department shall charge an administrative fee for reviewing and
considering any tollway project proposed by a private entity,
which the department shall establish by rule. All such
administrative fees shall be deposited into the State Tollway
Account.
  (2) The department shall adopt rules pursuant to which it will
consider authorization of a tollway project. The rules shall
require consideration of:
  (a) The opinions and interests of units of government
encompassing or adjacent to the path of the proposed tollway
project in having the tollway installed;
  (b) The probable impact of the proposed tollway project on
local environmental, aesthetic and economic conditions and on the
economy of the state in general;
  (c) The extent to which funding other than state funding is
available for the proposed tollway project;
  (d) The likelihood that the estimated use of the tollway
project will provide sufficient revenues to independently finance
the costs related to the construction and future maintenance,
repair and reconstruction of the tollway project, including the
repayment of any loans to be made from moneys in the State
Tollway Account;
  (e) With respect to tollway projects, any portion of which will
be financed with state funds or department loans or grants:
  (A) The relative importance of the proposed tollway project
compared to other proposed tollways; and
  (B) Traffic congestion and economic conditions in the
communities that will be affected by competing tollway projects;
and
  (f) The effects of tollway implementation on community and
local street traffic.
  (3) Notwithstanding any other provision of ORS 383.001 to
383.075, no tollway project shall be authorized unless the
department finds that either:
  (a) Based on the department's estimate of present and future
traffic patterns, the revenues generated by the tollway project
will be sufficient, after payment of all obligations incurred in
connection with the acquisition, construction and operation of
such tollway project, to ensure the continued maintenance, repair
and reconstruction of the tollway project without the
contribution of additional public funds; or
  (b) The revenues generated by the tollway project will be at
least sufficient to pay its operational expenses and a portion of
the costs of its construction, maintenance, repair and
reconstruction, and the importance of the tollway project to the
welfare or economy of the state is great enough to justify the
use of public funding for a portion of its construction,
maintenance, repair and reconstruction.
  (4) If the department finds that a proposed tollway project
qualifies for authorization under this section, the department
may conduct or cause to be conducted any environmental,
geological or other studies required by law as a condition of
construction of the tollway project. The costs of completing the
studies for any proposed tollway project may be paid   { - by - }
 { + from + } moneys in the State Tollway Account  { - , provided
that any such payment shall constitute a loan against the
proposed tollway project and shall be reimbursed to the State
Tollway Account as a part of - }   { + that are reimbursed
from + } the permanent financing for the project.

                               { +
CAPTIONS + }
  SECTION 16.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }

                               { +
EFFECTIVE DATE + }

  SECTION 17.  { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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