Bill Text: OR HB2328 | 2011 | Regular Session | Engrossed

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Bill Title: Relating to motor vehicles; providing for revenue raising that requires approval by a three-fifths majority.

Sponsorship: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2328 Detail]

Download: Oregon-2011-HB2328-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

HA to A-Eng. HB 2328

LC 1440/HB 2328-A13

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2328

                     By COMMITTEE ON REVENUE

                             May 16

  On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
insert '184.843,' and delete the last comma and insert ' and'.
  In line 3, delete 'and 807.250'.
  Delete lines 5 through 11 and insert:
  ' Whereas the citizens of the State of Oregon rely heavily on
an extensive multimodal transportation system for all aspects of
living in a civil society, including economic opportunities,
community engagement, educational opportunities, maintenance of
public health, enjoyment of life and disaster management; and
  ' Whereas Oregon's multimodal transportation system has 19,128
lane miles of state highways, 26,737 miles of county roads and
10,799 miles of city streets; and
  ' Whereas Oregon depends on fuel taxes for the bulk of the
revenue required to preserve, maintain and modernize the state's
highway system; and
  ' Whereas as an alternative to the fuel tax, Oregon has
developed systems with the capability for participating vehicle
operators to pay a vehicle road usage charge based on miles
traveled; and
  ' Whereas highly fuel efficient vehicles are now common in the
marketplace, the operators of which pay much lower fuel taxes
than the preceding vehicle fleet, and new technologies will
continue to improve fuel efficiencies in these vehicles; and
  ' Whereas among the emerging fleet of highly fuel efficient
vehicles are electric motor vehicles and plug-in hybrid motor
vehicles that pay no fuel tax or a small amount; and
  ' Whereas the federal government requires auto manufacturers to
introduce a fleet of new vehicles that will meet a corporate
average fuel economy standard of 35.5 miles per gallon in 2016;
and
  ' Whereas the Legislative Assembly recognizes the potential for
applying a new vehicle road usage charge based on miles traveled
for the operation of vehicles that pay less than the median
amount of fuel taxes; and
  ' Whereas the state should develop and deploy a vehicle road
usage charge for a small group of vehicles to ensure operational
availability of the charge when the Legislative Assembly finds it
is necessary to expand the number of vehicles paying the charge;
and
  ' Whereas the state's constitutional requirement for cost
responsibility requires that a road usage charge be applied in a
manner that ensures the share of revenues paid for the use of
motor vehicles is fair and proportionate to the costs incurred
for the highway system for each class of vehicle; and
  ' Whereas as a strategy to reduce emissions and protect the
environment, Oregon wants to encourage market penetration of
electric vehicles and other highly fuel efficient vehicles by
providing a transitional rate for a vehicle road usage charge
during the early years of introduction into the marketplace; now,
therefore,'.
  Delete lines 13 through 22 and delete pages 2 through 12 and
insert:
  '  { +  SECTION 1. + }  { +  Definitions. As used in sections 1
to 12 of this 2011 Act:
  ' (1) 'Electric motor vehicle' means a motor vehicle that uses
electricity as its only source of motive power.
  ' (2) 'Highway' means every public way, road, street,
thoroughfare and place, including bridges, viaducts and other
structures within the boundaries of this state, open, used or
intended for use of the general public for vehicles or vehicular
traffic as a matter of right.
  ' (3) 'Lessee' means a person who leases a motor vehicle that
is registered in Oregon and who is subject to the vehicle road
usage charge under section 2 of this 2011 Act.
  ' (4) 'Plug-in hybrid electric motor vehicle' means a motor
vehicle that uses electricity and another source of motive power
and is designed for electric plug-in charging.
  ' (5) 'Registered owner' means a person who is the registered
owner of a motor vehicle that is registered in Oregon and who is
subject to the vehicle road usage charge under section 2 of this
2011 Act. + }
  '  { +  SECTION 2. + }  { +  Vehicle road usage charge;
transitional rate.
  ' (1) Except as provided in subsection (2) of this section, the
registered owner of an electric motor vehicle or plug-in hybrid
electric motor vehicle shall pay a vehicle road usage charge.
  ' (2) A lessee of an electric motor vehicle or plug-in hybrid
electric motor vehicle shall pay a vehicle road usage charge.
  ' (3) A person subject to the vehicle road usage charge shall
pay 0.85 cents per mile for metered use of the highways in
Oregon.
  ' (4) Notwithstanding subsections (1) to (3) of this section,
in lieu of paying the vehicle road usage charge based on miles
traveled, a person who is the registered owner or lessee of an
electric motor vehicle may pay the vehicle road usage charge as
an annual fee of $300. Sections 5, 7, 8, 10, 11 and 14 of this
2011 Act do not apply to a person who chooses to pay the annual
fee under this subsection. If a person opts to pay the annual
fee, the person shall notify the Department of Transportation in
the manner provided by rule by the department.
  ' (5) This section does not apply to a vehicle dealer that
holds a certificate issued under ORS 822.020. + }
  '  { +  SECTION 3. + } Section 2 of this 2011 Act is amended to
read:
  '  { +  Sec. 2. + }  { +  Vehicle road usage charge; normalized
rate.  + }(1) Except as provided in subsection (2) of this
section, the registered owner of an electric motor vehicle or
plug-in hybrid electric motor vehicle shall pay a vehicle road
usage charge.
  ' (2) A lessee of an electric motor vehicle or plug-in hybrid
electric motor vehicle shall pay a vehicle road usage charge.
  ' (3) A person subject to the vehicle road usage charge shall
pay   { - 0.85 - }  { +  1.56 + } cents per mile for metered use
of the highways in Oregon.
  '  { - (4) Notwithstanding subsections (1) to (3) of this
section, in lieu of paying the vehicle road usage charge based on
miles traveled, a person who is the registered owner or lessee of
an electric motor vehicle may pay the vehicle road usage charge
as an annual fee of $300. Sections 5, 7, 8, 10, 11 and 14 of this
2011 Act do not apply to a person who chooses to pay the annual
fee under this subsection. If a person opts to pay the annual
fee, the person shall notify the Department of Transportation in
the manner provided by rule by the department. - }
  '  { - (5) - }   { + (4) + } This section does not apply to a
vehicle dealer that holds a certificate issued under ORS 822.020.

  '  { +  SECTION 4. + }  { + The amendments to section 2 of this
2011 Act by section 3 of this 2011 Act become operative on July
1, 2018. + }
  '  { +  SECTION 5. + }  { +  Methods of reporting vehicle miles
traveled. (1) As used in this section, 'open system' means an
integrated system based on common standards and an operating
system accessible to the marketplace whereby components
performing the same function can be readily substituted or
provided by multiple providers.
  ' (2) The Department of Transportation shall establish the
methods for identifying the motor vehicles that are subject to
the vehicle road usage charge imposed under section 2 of this
2011 Act and establish the methods for collecting and reporting
the number of miles the motor vehicles traveled on the highways.
  ' (3) The department shall take into account at least the
following when taking action under subsection (2) of this
section:
  ' (a) The accuracy of the data collected;
  ' (b) Privacy options for persons paying the vehicle road usage
charge;
  ' (c) The adaptability of the technology used;
  ' (d) The installation of the technology;
  ' (e) The safety of the installation;
  ' (f) Resistance of the technology to tampering;
  ' (g) Ease and cost of compliance by registered owners and
lessees; and
  ' (h) Cost efficiency of administration.
  ' (4) The department shall establish at least one method of
collecting and reporting the number of miles traveled by the
motor vehicle that does not use vehicle location technology.
  ' (5) The department shall require that a vehicle subject to
the vehicle road usage charge imposed under section 2 of this
2011 Act be capable of electronically reporting the odometer
reading or be equipped with technology approved by the department
that is capable of electronically reporting the odometer reading.
  ' (6) The department shall establish standards under an open
system for technology used in methods for identifying motor
vehicles that are subject to the vehicle road usage charge
imposed under section 2 of this 2011 Act and for technology used
in methods for collecting and reporting the number of miles the
motor vehicles traveled on the highways. In developing the
standards and systems, the department shall collaborate with
state agencies to integrate information systems currently in use
or planned for future use. + }
  '  { +  SECTION 6. + }  { +  Collection by Department of
Transportation. The Department of Transportation shall provide by
rule for the collection of the vehicle road usage charge imposed
under section 2 of this 2011 Act. + }
  '  { +  SECTION 7. + }  { +  Refund of vehicle road usage
charge in operation of vehicle on certain roads or property. (1)
A registered owner or lessee who pays the vehicle road usage
charge imposed under section 2 of this 2011 Act may apply to the
Department of Transportation for a refund of those miles traveled
upon any road, thoroughfare or property in private ownership.
  ' (2) A person shall submit an application for a refund under
subsection (1) of this section to the department within 15 months
after the date the vehicle road usage charge, for which a refund
is claimed, is paid.
  ' (3) The application for a refund provided by subsection (1)
of this section shall include a signed statement by the applicant
indicating the amount of miles for which a refund is claimed.
  ' (4) The department may require any person who applies for a
refund under subsection (1) of this section to furnish any other
information the department considers necessary. + }
  '  { +  SECTION 8. + }  { +  Investigation of refund
applications. The Department of Transportation may investigate
refund applications submitted under section 7 of this 2011 Act
and gather and compile information in regard to the applications
as the department considers necessary to safeguard the state and
prevent fraudulent practices in connection with tax refunds and
tax evasion. The department may, in order to establish the
validity of any application, examine the books and records of the
applicant for such purposes. If an applicant does not permit the
department to examine the applicant's books and records, the
applicant waives all rights to a refund of the transaction
questioned. + }
  '  { +  SECTION 9. + }  { +  Allocation of moneys. The moneys
that the Department of Transportation collects from the vehicle
road usage charge imposed under section 2 of this 2011 Act shall
be allocated as follows:
  ' (1) 50 percent to the Department of Transportation.
  ' (2) 30 percent to counties for distribution as provided in
ORS 366.762.
  ' (3) 20 percent to cities for distribution as provided in ORS
366.800. + }
  '  { +  SECTION 10. + }  { +  Reporting vehicle miles traveled.
(1) A registered owner or lessee subject to the vehicle road
usage charge imposed under section 2 of this 2011 Act shall equip
the electric motor vehicle or plug-in hybrid electric motor
vehicle with technology, approved by the Department of
Transportation, that provides for electronic reporting of miles
traveled.
  ' (2) On the date determined by the department under subsection
(3) of this section, the registered owner or lessee shall report
the number of miles the vehicle has traveled and pay to the
department the amount due under section 2 of this 2011 Act for
the reporting period. The number of miles reported shall be
rounded up to the next whole mile.
  ' (3) The department shall, by rule, establish the reporting
period for each motor vehicle subject to the vehicle road usage
charge under section 2 of this 2011 Act. The department may vary
the length of the reporting period based on the circumstances of
each registered owner or lessee. In determining the length of a
reporting period, the department shall consider the following:
  ' (a) The effort required by the registered owner or lessee to
report miles traveled and to pay the vehicle road usage charge;
  ' (b) The amount of the vehicle road usage charge owed;
  ' (c) The cost to the registered owner or lessee of reporting
miles traveled and of paying the vehicle road usage charge; and
  ' (d) The administrative cost to the department.
  ' (4) Unless a registered owner or lessee presents evidence, in
a manner approved by the department by rule, that the vehicle has
been driven outside of Oregon, the department may assume that all
miles reported are miles driven within Oregon.
  ' (5) The department shall provide a refund to a registered
owner or lessee who has overpaid the vehicle road usage charge.
The department may provide the refund, by rule, as a credit
against future vehicle road usage charges under section 2 of this
2011 Act. + }
  '  { +  SECTION 11. + }  { +  Prohibitions. (1) A person may
not intentionally make a false statement in a report, application
or other information required or permitted by section 7, 8 or 10
of this 2011 Act.
  ' (2) A person may not intentionally collect, or attempt to
collect or receive, a refund under section 7 or 10 of this 2011
Act to which the person is not entitled.
  ' (3) A person may not intentionally aid or assist another
person to violate any provision of section 7, 8 or 10 of this
2011 Act.
  ' (4) A person who violates any prohibition specified in
subsections (1) to (3) of this section commits a Class A
violation. + }
  '  { +  SECTION 12. + }  { + Privacy of personally identifiable
information.  (1) As used in this section, 'personally
identifiable information ' means any information that identifies
or describes a person, including, but not limited to, the
person's travel pattern data, vehicle road usage charge account
number, address, telephone number, electronic mail address,
driver license or identification card number, registration plate
number, photograph, recorded images, bank account information and
credit card number.
  ' (2) Except as provided in subsections (3) and (4) of this
section, personally identifiable information used for reporting
miles traveled or for business services related to the collection
of the vehicle road usage charge described in section 2 of this
2011 Act is exempt from disclosure under public records law, ORS
192.410 to 192.505.
  ' (3) The Department of Transportation, any entity that has
entered into an agreement with the department under ORS 367.806
for reporting miles traveled or for business services related to
the collection of the vehicle road usage charge and any
contractor for an entity may not disclose personally identifiable
information used or developed in the conduct of these services to
any person except:
  ' (a) The registered owner or lessee of the vehicle;
  ' (b) A financial institution, for the purpose of collecting
vehicle road usage charges owed;
  ' (c) Employees of the department;
  ' (d) An entity that has entered into an agreement with the
department under ORS 367.806 for reporting miles traveled or for
business services related to the collection of vehicle road usage
charges and authorized employees of the entity;
  ' (e) A law enforcement officer who is acting in the officer's
official capacity in connection with enforcement of vehicle road
usage charges; or
  ' (f) A contractor for an entity that has entered into an
agreement with the department under ORS 367.806 for reporting
miles traveled or for business services related to the collection
of vehicle road usage charges and authorized employees of the
contractor, but only to the extent the contractor provides
services directly related to the entity's agreement with the
department.
  ' (4) For purposes of traffic management and research, the
department and an entity that has entered into an agreement with
the department under ORS 367.806 for reporting miles traveled or
for business services related to the collection of vehicle road
usage charges may aggregate and use information in records after
removing personally identifiable information.
  ' (5) The department, in any agreement with an entity under ORS
367.806 for reporting miles traveled or for business services
related to the collection of vehicle road usage charges, shall
provide for penalties if the entity violates this section or any
rule adopted under this section. + }
  '  { +  SECTION 13. + }  { + Section 14 of this 2011 Act is
added to and made a part of the Oregon Vehicle Code. + }
  '  { +  SECTION 14. + }  { +  Tampering with vehicle metering
system; penalty. (1) A person commits the offense of tampering
with a vehicle metering system if the person does any of the
following:
  ' (a) With the intent to defraud, operates a motor vehicle that
is subject to a vehicle road usage charge under section 2 of this
2011 Act on a highway knowing that the vehicle metering system is
disconnected or nonfunctional.
  ' (b) Replaces, disconnects or resets the vehicle metering
system of a motor vehicle that is subject to a vehicle road usage
charge under section 2 of this 2011 Act with the intent to reduce
the number of miles the vehicle metering system records.

  ' (2) This section does not apply to a person who is servicing,
repairing or replacing a vehicle metering system.
  ' (3) As used in this section, 'vehicle metering system ' means
a system used to record the number of miles traveled for the
purpose of complying with the reporting requirements established
under section 10 of this 2011 Act.
  ' (4) The offense described in this section, tampering with a
vehicle metering system, is a Class A traffic violation. + }
  '  { +  SECTION 15. + } ORS 319.280 is amended to read:
  ' 319.280. (1) Any person who has paid any tax on motor vehicle
fuel levied or directed to be paid by ORS 319.010 to 319.430
either directly by the collection of the tax by the vendor from
the consumer, or indirectly by adding the amount of the tax to
the price of the fuel and paid by the consumer, shall be
reimbursed and repaid the amount of such tax paid, except as
provided in ORS 319.290 to 319.330, if such person has:
  ' (a) Purchased and used such fuel for the purpose of operating
or propelling a stationary gas engine, a tractor or a motor boat,
if the motor boat is used for commercial purposes at any time
during the period for which the refund is claimed;
  ' (b) Purchased and used such fuel for cleaning or dyeing or
other commercial use, except when used in motor vehicles operated
upon any highway;
  ' (c) Purchased and exported such fuel from this state, in
containers other than fuel supply tanks of motor vehicles,
provided that the person:
  ' (A) Exports the motor vehicle fuel from this state to another
state, territory or country, not including a federally recognized
Indian reservation located wholly or partially within the borders
of this state, where the motor vehicle fuel is unloaded; and
  ' (B) Has a valid motor vehicle fuel dealer's license or its
equivalent issued by the state, territory or country to which the
fuel is exported and where it is unloaded;
  ' (d) Purchased and exported such fuel in the fuel supply tank
of a motor vehicle and has used such fuel to operate the vehicle
upon the highways of another state, if the user has paid to the
other state a similar motor vehicle fuel tax on the same fuel, or
has paid any other highway use tax the rate for which is
increased because such fuel was not purchased in, and the tax
thereon paid, to such state;   { - or - }
  ' (e) Purchased and used such fuel for small engines that are
not used to propel motor vehicles on highways, including but not
limited to those that power lawn mowers, leaf blowers, chain saws
and similar implements  { - . - }  { + ; or
  ' (f) Purchased and used such fuel for a motor vehicle, if the
person has paid the vehicle road usage charge as required under
section 2 of this 2011 Act. + }
  ' (2) When a motor vehicle with auxiliary equipment uses fuel
and there is no auxiliary motor for such equipment or separate
tank for such a motor, a refund may be claimed and allowed as
provided by subsection (4) of this section, except as otherwise
provided by this subsection, without the necessity of furnishing
proof of the amount of fuel used in the operation of the
auxiliary equipment. The person claiming the refund may present
to the Department of Transportation a statement of the claim and
be allowed a refund as follows:
  ' (a) For fuel used in pumping aircraft fuel, motor vehicle
fuel, fuel or heating oils or other petroleum products by a power
take-off unit on a delivery truck, refund shall be allowed
claimant for tax paid on fuel purchased at the rate of
three-fourths of one gallon for each 1,000 gallons of petroleum
products delivered.
  ' (b) For fuel used in operating a power take-off unit on a
cement mixer truck or on a garbage truck, claimant shall be
allowed a refund of 25 percent of the tax paid on all fuel used
in such a truck.
  ' (3) When a person purchases and uses motor vehicle fuel in a
vehicle equipped with a power take-off unit, a refund may be
claimed for fuel used to operate the power take-off unit provided
the vehicle is equipped with a metering device approved by the
department and designed to operate only while the vehicle is
stationary and the parking brake is engaged; the quantity of fuel
measured by the metering device shall be presumed to be the
quantity of fuel consumed by the operation of the power take-off
unit.
  ' (4) Before any such refund may be granted, the person
claiming such refund must present to the department a statement,
accompanied by the original invoices, or reasonable facsimiles
approved by the department, showing such purchases; provided that
in lieu of original invoices or facsimiles, refunds submitted
under subsection (1)(d) of this section shall be accompanied by
information showing source of the fuel used and evidence of
payment of tax to the state in which the fuel was used. The
statement shall be made over the signature of the claimant, and
shall state the total amount of such fuel for which the claimant
is entitled to be reimbursed under subsection (1) of this
section.  The department upon the presentation of the statement
and invoices or facsimiles, or other required documents, shall
cause to be repaid to the claimant from the taxes collected on
motor vehicle fuel such taxes so paid by the claimant.
  '  { +  (5)(a) The department, by rule, may provide a refund to
a person under subsection (1)(f) of this section as a credit
against future vehicle road usage charges under section 2 of this
2011 Act.
  ' (b) The department may provide for refund thresholds that may
be met by aggregating refund amounts or by estimating gas tax
refunds by vehicle type. If the person claiming the refund opts
for an estimated refund amount based on vehicle type, the
department may not require original invoices or reasonable
facsimiles showing motor vehicle fuel purchases.
  ' (c) The person claiming the refund shall render the statement
of the claim to the department in the manner provided by the
department by rule. + }
  '  { +  SECTION 16. + } ORS 319.550 is amended to read:
  ' 319.550. A person may not use fuel in a motor vehicle in this
state unless the person holds a valid user's license, except
that:
  ' (1) A nonresident may use fuel in a motor vehicle not
registered in Oregon for a period not exceeding 30 days without
obtaining a user's license or the emblem provided in ORS 319.600,
if, for all fuel used in a motor vehicle in this state, the
nonresident pays to a seller, at the time of the sale, the tax
provided in ORS 319.530.
  ' (2) A user's license is not required for a person who uses
fuel in a motor vehicle with a combined weight of 26,000 pounds
or less if, for all fuel used in a motor vehicle in this state,
the person pays to a seller, at the time of the sale, the tax
provided in ORS 319.530.
  ' (3) { + (a) + } A user's license is not required for a person
who uses fuel as described in ORS 319.520 (7) in the vehicles
specified in  { + this + } subsection   { - (4) of this
section - }  if the person pays to a seller, at the time of the
sale, the tax provided in ORS 319.530.
  '  { - (4) - }  { +  (b) + }   { - Subsection (3) of this
section - }  { +  Paragraph (a) of this subsection + } applies to
the following vehicles:
  '  { - (a) - }  { +  (A) + } Motor homes as defined in ORS
801.350.
  '  { - (b) - }  { +  (B) + } Recreational vehicles as defined
in ORS 446.003.
  '  { +  (4) A user's license is not required for a person who
uses fuel in a plug-in hybrid electric motor vehicle, as defined
in section 1 of this 2011 Act, that also uses fuels subject to
ORS 319.510 to 319.880. + }
  '  { +  SECTION 17. + }  { +  Emblem. Upon application by a
person, the Department of Transportation may issue an emblem to a
motor vehicle that is subject to the vehicle road usage charge
imposed under section 2 of this 2011 Act. An emblem issued under
this section shall be displayed only upon the motor vehicle with
respect to which it is issued. + }
  '  { +  SECTION 18. + } ORS 319.665 is amended to read:
  ' 319.665. (1) The seller of fuel for use in a motor vehicle
shall collect the tax provided by ORS 319.530 at the time the
fuel is sold, unless one of the following situations applies:
  ' (a) The vehicle into which the seller delivers or places the
fuel bears a valid permit or user's emblem issued by the
Department of Transportation.
  ' (b) The fuel is dispensed at a nonretail facility, in which
case the seller shall collect any tax owed at the same time the
seller collects the purchase price from the person to whom the
fuel was dispensed at the nonretail facility. A seller is not
required to collect the tax under this paragraph from a person
who certifies to the seller that the use of the fuel is exempt
from the tax imposed under ORS 319.530.
  ' (c) A cardlock card is used for purchase of the fuel at an
attended portion of a retail facility equipped with a cardlock
card reader, in which case the cardlock card issuer licensed in
this state is responsible for collecting and remitting the tax
unless the person making the purchase certifies to the seller
that the use of the fuel is exempt from the tax imposed under ORS
319.530.
  '  { +  (d) The vehicle is subject to the vehicle road usage
charge under section 2 of this 2011 Act. + }
  ' (2) If a cardlock card is used for purchase of fuel at an
attended portion of a retail facility equipped with a cardlock
card reader, the seller at the retail facility may deduct fuel
purchases made with a cardlock card from the seller's retail
transactions if the seller provides the department with the
following information:
  ' (a) A monthly statement from a cardlock card issuer that
details the cardlock card purchases at the retail facility; and
  ' (b) A listing of cardlock card issuers and gallons of fuel
purchased at the retail facility by the issuers' customers.
  ' (3) The department shall supply each seller of fuel for use
in a motor vehicle with a chart which sets forth the tax imposed
on given quantities of fuel.
  '  { +  SECTION 19. + } ORS 319.831 is amended to read:
  ' 319.831. (1) If a user obtains fuel for use in a motor
vehicle in this state and pays the use fuel tax on the fuel
obtained, the user may apply for a refund of that part of the use
fuel tax paid which is applicable to use of the fuel to propel a
motor vehicle:
  ' (a) In another state, if the user pays to the other state an
additional tax on the same fuel;
  ' (b) Upon any road, thoroughfare or property in private
ownership;
  ' (c) Upon any road, thoroughfare or property, other than a
state highway, county road or city street, for the removal of
forest products, as defined in ORS 321.005, or the products of
such forest products converted to a form other than logs at or
near the harvesting site, or for the construction or maintenance
of the road, thoroughfare or property, pursuant to a written
agreement or permit authorizing the use, construction or
maintenance of the road, thoroughfare or property, with or by:
  ' (A) An agency of the United States;
  ' (B) The State Board of Forestry;
  ' (C) The State Forester; or

  ' (D) A licensee of an agency named in subparagraph (A), (B) or
(C) of this paragraph;
  ' (d) By an agency of the United States or of this state or of
any county, city or port of this state on any road, thoroughfare
or property, other than a state highway, county road or city
street;
  ' (e) By any incorporated city or town of this state;
  ' (f) By any county of this state or by any road assessment
district formed under ORS 371.405 to 371.535;
  ' (g) Upon any county road for the removal of forest products
as defined in ORS 321.005, or the products of such forest
products converted to a form other than logs at or near the
harvesting site, if:
  ' (A) Such use upon the county road is pursuant to a written
agreement entered into with, or to a permit issued by, the State
Board of Forestry, the State Forester or an agency of the United
States, authorizing such user to use such road and requiring such
user to pay for or to perform the construction or maintenance of
the county road;
  ' (B) The board, officer or agency that entered into the
agreement or granted the permit, by contract with the county
court or board of county commissioners, has assumed the
responsibility for the construction or maintenance of such county
road; and
  ' (C) Copies of the agreements or permits required by
subparagraphs (A) and (B) of this paragraph are filed with the
Department of Transportation;
  ' (h) By a school district or education service district of
this state or the contractors of a school district or education
service district, for those vehicles being used to transport
students;
  ' (i) By a rural fire protection district organized under the
provisions of ORS chapter 478;
  ' (j) By any district, as defined in ORS chapter 198, that is
not otherwise specifically provided for in this section;
 { - or - }
  ' (k) By any state agency, as defined in ORS 240.855  { - . - }
 { + ; or
  ' (L) By a person subject to the vehicle road usage charge
under section 2 of this 2011 Act if the person has paid the
charge. + }
  ' (2) An application for a refund under subsection (1) of this
section shall be filed with the department within 15 months after
the date the use fuel tax, for which a refund is claimed, is
paid.
  ' (3) The application for a refund provided by subsection (1)
of this section shall include a signed statement by the applicant
indicating the amount of fuel for which a refund is claimed, and
the way in which the fuel was used which qualifies the applicant
for a refund. If the fuel upon which the refund is claimed was
obtained from a seller to whom the use fuel tax was paid, the
application shall be supported by the invoices which cover the
purchase of the fuel. If the applicant paid the use fuel tax
directly to the department, the applicant shall indicate the
source of the fuel and the date it was obtained.
  ' (4) The department may require any person who applies for a
refund provided by subsection (1) of this section to furnish a
statement, under oath, giving the person's occupation,
description of the machines or equipment in which the fuel was
used, the place where used and such other information as the
department may require.
  '  { +  (5) The department, by rule, may provide a refund to a
person under subsection (1)(L) of this section as a credit
against future vehicle road usage charges under section 2 of this
2011 Act. + }
  '  { +  SECTION 20. + } ORS 367.802 is amended to read:
  ' 367.802. As used in ORS 367.800 to 367.824:
  ' (1) 'Agreement' means a written agreement, including but not
limited to a contract, for a transportation project that is
entered into under ORS 367.806.
  ' (2) 'Private entity' means any entity that is not a unit of
government, including but not limited to a corporation,
partnership, company, nonprofit organization or other legal
entity or a natural person.
  ' (3) 'Transportation project' or 'project' means any proposed
or existing undertaking that facilitates any mode of
transportation in this state { +  or that facilitates the
collection of the vehicle road usage charge imposed under section
2 of this 2011 Act + }.
  ' (4) 'Unit of government' means any department or agency of
the federal government, any state or any agency, office or
department of a state, any city, county, district, commission,
authority, entity, port or other public corporation organized and
existing under statutory law or under a voter-approved charter
and any intergovernmental entity created under ORS 190.003 to
190.130, 190.410 to 190.440 or 190.480 to 190.490.
  '  { +  SECTION 21. + }  { +  Rules. In accordance with ORS
chapter 183, the Department of Transportation shall adopt rules
for the implementation, administration and enforcement of
sections 1 to 12, 14 and 17 of this 2011 Act. + }
  '  { +  SECTION 22. + }  { +  Operative date. (1) Sections 1,
2, 5 to 14, 17 and 21 of this 2011 Act and the amendments to ORS
319.280, 319.550, 319.665, 319.831 and 367.802 by sections 15, 16
and 18 to 20 of this 2011 Act become operative on July 1, 2015.
  ' (2) The Department of Transportation may take any action
before the operative date specified in subsection (1) of this
section that is necessary to enable the department to exercise,
on and after the operative date specified in subsection (1) of
this section, all the duties, functions and powers conferred on
the department by sections 1, 2, 5 to 14, 17 and 21 of this 2011
Act and the amendments to ORS 319.280, 319.550, 319.665, 319.831
and 367.802 by sections 15, 16 and 18 to 20 of this 2011 Act. + }
  '  { +  SECTION 23. + }  { +  Applicability. (1) Sections 1, 2,
5 to 14, 17 and 21 of this 2011 Act and the amendments to ORS
319.280, 319.550, 319.665, 319.831 and 367.802 by sections 15, 16
and 18 to 20 of this 2011 Act first apply to 2016 model year
electric motor vehicles and plug-in hybrid electric motor
vehicles.
  ' (2) The amendments to section 2 of this 2011 Act by section 3
of this 2011 Act apply to all electric motor vehicles and plug-in
hybrid motor vehicles, regardless of the model year of the motor
vehicle. + }
  '  { +  SECTION 24. + }  { +  Report by Department of
Transportation. No later than October 1, 2012, and October 1,
2014, the Department of Transportation shall report to the
interim legislative committees related to transportation and
revenue on the likelihood that the department could implement the
vehicle road usage charge imposed under section 2 of this 2011
Act prior to July 1, 2015. + }
  '  { +  SECTION 25. + } ORS 184.843 is amended to read:
  ' 184.843. (1) There is created the Road User Fee Task Force.
  ' (2) The purpose of the task force is to develop a design for
revenue collection for Oregon's roads and highways that will
replace the current system for revenue collection. The task force
shall consider all potential revenue sources.
  ' (3) The task force shall consist of 12 members, as follows:
  ' (a) Two members shall be members of the House of
Representatives, appointed by the Speaker of the House of
Representatives.
  ' (b) Two members shall be members of the Senate, appointed by
the President of the Senate.

  ' (c) Four members shall be appointed by the Governor, the
Speaker and the President acting jointly. In making appointments
under this paragraph, the appointing authorities shall consider
individuals who are representative of the telecommunications
industry, of highway user groups, of the Oregon transportation
research community and of national research and policy-making
bodies such as the Transportation Research Board and the American
Association of State Highway and Transportation Officials.
  ' (d) One member shall be an elected city official, appointed
by the Governor, the Speaker and the President acting jointly.
  ' (e) One member shall be an elected county official, appointed
by the Governor, the Speaker and the President acting jointly.
  ' (f) Two members shall be members of the Oregon Transportation
Commission, appointed by the chairperson of the commission.
  ' (4)(a) The term of a legislator appointed to the task force
is four years except that the legislator ceases to be a member of
the task force when the legislator ceases to be a legislator. A
legislator may be reappointed to the task force.
  ' (b) The term of a member of the task force appointed under
subsection (3)(c) of this section is four years and the member
may be reappointed.
  ' (c) The term of a member of the task force appointed under
subsection (3)(d) or (e) of this section is four years except
that the member ceases to be a member of the task force when the
member ceases to be a city or county elected official. A city or
county elected official may be reappointed to the task force.
  ' (d) The term of a member of the Oregon Transportation
Commission appointed to the task force is four years except that
the member ceases to be a member of the task force when the
member ceases to be a member of the commission. A member of the
commission may be reappointed to the task force.
  ' (5) A legislator appointed to the task force is entitled to
per diem and other expense payments as authorized by ORS 171.072
from funds appropriated to the Legislative Assembly. Other
members of the task force are entitled to compensation and
expenses as provided in ORS 292.495.
  ' (6) The Department of Transportation shall provide staff to
the task force.
  ' (7) The task force shall { +  do all of the following:
  ' (a) + } Study alternatives to the current system of taxing
highway use through motor vehicle fuel taxes. The task force
shall gather public comment on alternative approaches and shall
make recommendations to the Department of Transportation and the
Oregon Transportation Commission on the design of pilot programs
to be used to test alternative approaches. The task force may
also make recommendations to the department and the commission on
criteria to be used to evaluate pilot programs. The task force
may evaluate any pilot program implemented by the department and
report the results of the evaluation to the Legislative Assembly,
the department and the commission.
  '  { +  (b) Examine the progress of implementing the vehicle
road usage charge described in section 2 of this 2011 Act.
  ' (c) Examine the effect of the vehicle road usage charge on
market penetration of electric motor vehicles and plug-in hybrid
electric motor vehicles, both as defined in section 1 of this
2011 Act.
  ' (d) Examine the potential for application of the vehicle road
usage charge system to hybrid electric vehicles and other vehicle
types with emerging technologies.
  ' (e) Make recommendations to the Legislative Assembly
regarding:
  ' (A) Adding options for motorists to voluntarily pay the
vehicle road usage charge in lieu of the motor vehicle fuel tax;
  ' (B) Adding out-of-state motorists to the vehicle road usage
charge system; and

  ' (C) Improving compliance with the requirement to pay the
vehicle road usage charge. + }
  '  { - (8) In addition to the requirements of subsection (9) of
this section, the task force shall propose to the Seventy-second
Legislative Assembly options for the design of a revenue
collection system for Oregon's roads and highways that would
replace the current system for revenue collection. - }
  '  { - (9) - }  { +  (8) + } The task force shall report to
each regular session of the Legislative Assembly on the work of
the task force, the department and the commission in designing,
implementing and evaluating pilot programs.
  '  { - (10) - }  { +  (9) + } Official action by the task force
requires the approval of a majority of the members of the task
force.
  '  { - (11) - }  { +  (10) + } Notwithstanding ORS 171.130 and
171.133, the task force by official action may recommend
legislation.  Legislation recommended by the task force must
indicate that it is introduced at the request of the task force.
Legislative measures proposed by the task force shall be prepared
in time for presession filing with the Legislative Counsel by
December 15 of the year preceding a regular session of the
Legislative Assembly.
  '  { +  SECTION 26. + }  { +  Captions. The section captions
used in this 2011 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
2011 Act. + } ' .
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