Bill Text: OR HB2800 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the Interstate 5 bridge replacement project; and declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-03-12 - Chapter 4, (2013 Laws): Effective date March 12, 2013. [HB2800 Detail]
Download: Oregon-2013-HB2800-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2800
Sponsored by Representatives READ, BENTZ, Senators BEYER, STARR
CHAPTER ................
AN ACT
Relating to the Interstate 5 bridge replacement project; creating
new provisions; amending ORS 367.163, 381.005, 381.020,
383.003, 383.005, 383.009, 383.015 and 383.035; repealing ORS
381.075; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
INTERSTATE 5 BRIDGE REPLACEMENT PROJECT + }
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 project, a bistate, multimodal corridor improvement
project 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 project
includes:
(1) New multimodal river crossings;
(2) Replacement, modification and removal of the existing
Interstate 5 bridges;
(3) Improvements to existing interchanges; and
(4) Multimodal improvements to facilitate travel in the bistate
corridor. + }
SECTION 3. { + (1) As used in this section, 'Interstate 5
bridge replacement project' means the project described in
section 2 of this 2013 Act.
(2) The total cost of the Interstate 5 bridge replacement
project may not exceed $3.413 billion after the effective date of
this 2013 Act.
(3) For the purpose of financing the Interstate 5 bridge
replacement project, the State Treasurer may not have
outstanding, at any one time, bonds in an amount exceeding $450
million of net proceeds, plus an amount determined by the State
Treasurer to pay estimated bond-related costs of issuance, for
the purpose of funding Oregon's share of the aggregated
contribution to the project from Oregon and the State of
Washington as described in the Final Environmental Impact
Statement submitted to the United States Government for the
project. It is the intent of the Legislative Assembly that moneys
from the United States Government or toll revenues be used to
directly fund the project, be used to repay other borrowings for
Enrolled House Bill 2800 (HB 2800-A) Page 1
the project or be pledged alone or with other security to lower
the costs of other borrowings for the project.
(4) The Department of Transportation may not request and the
State Treasurer may not issue any bond to finance the Interstate
5 bridge replacement project unless:
(a) No later than September 30, 2013, the State of Washington
has appropriated, authorized or committed sufficient funds to:
(A) Satisfy the United States Department of Transportation
requirement for a proposed full funding grant agreement
application; and
(B) Meet the requirements of the finance section included in
the project's Final Environmental Impact Statement published on
September 11, 2011, and endorsed by the Federal Transit
Administration and the Federal Highway Administration in the
record of decision dated December 7, 2011;
(b) The United States Department of Transportation has
submitted a full funding grant agreement application, in an
amount of at least $850 million of Federal Transit Administration
funds, for congressional review;
(c) The State Treasurer has participated in and approved the
findings of an investment grade analysis of toll revenues
associated with the project's application for a loan from the
Federal Highway Administration's Transportation Infrastructure
Finance and Innovation Act program, and provided for ongoing
financial analysis of the project;
(d) The State Treasurer has reviewed and approved a
comprehensive financing plan for the project, after making
written findings that there are sources of funds committed by
contract or law or otherwise obligated that are reasonably
expected to be available and that will provide sufficient cash
flows to pay the estimated costs of the initial phase of the
project described in the full funding grant agreement without
revenues from borrowings in addition to those described in
subsection (3) of this section; and
(e) The United States Coast Guard has issued a general bridge
permit for the main channel of the Columbia River for the
project. + }
SECTION 4. 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 project, together with approaches and connecting
roads, on both sides of the Columbia River. For the purposes of
the Interstate 5 bridge replacement project, 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 5. 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
Enrolled House Bill 2800 (HB 2800-A) Page 2
381.005 { + . + } { - 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 6. { + ORS 381.075 is repealed. + }
{ +
TOLLS + }
SECTION 7. { + Section 8 of this 2013 Act is added to and made
a part of ORS 383.003 to 383.075. + }
SECTION 8. { + (1) The Oregon Transportation Commission may
enter into agreements with the State of Washington, or the State
of Washington's designee, relating to establishing, reviewing,
adjusting and collecting tolls for the Interstate 5 bridge
replacement project.
(2) The commission shall consider the factors listed in ORS
383.004 and traffic demand management in considering tolls for
the Interstate 5 bridge replacement project. Tolls for the
project must be sufficient to:
(a) Meet debt service requirements for debt issued to finance
construction, development, equipping or improvement for the
project, including any reserves required by bond or other
contractual covenants;
(b) Pay for maintenance and operation of the project; and
(c) Fund any repair reserves, replacement reserves or other
reserves that are required by bond or other contractual covenants
or that are otherwise determined by the commission to be
necessary in connection with the project.
(3) The portion of toll revenues accruing to the State of
Oregon from the Interstate 5 bridge replacement project 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 project, and may not be used for any other
purpose, for as long as bonds issued to finance the project,
including any refunding bonds, remain outstanding. After all
bonds issued to finance the project, including any refunding
bonds, have been repaid, the toll revenues shall be reduced to an
amount that is sufficient to do only the following:
(a) Pay the cost of maintenance and operation of the project;
and
(b) Pay the cost of, including the cost of funding reserves
for, reconstruction, improvement and replacement of facilities
related to the project. + }
SECTION 9. 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.
Enrolled House Bill 2800 (HB 2800-A) Page 3
(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 project, + } and any city, county, district, port or
other public corporation organized and existing under statutory
law or under a voter-approved charter.
SECTION 10. 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.
Enrolled House Bill 2800 (HB 2800-A) Page 4
{ + (4) Subsection (1) of this section does not apply to a
person who fails to pay a toll established under section 8 of
this 2013 Act.
(5)(a) Upon receiving a request from the State of Washington,
or from the State of Washington's designee 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 8 of
this 2013 Act.
(b) If the State of Washington, or the State of Washington's
designee 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 8 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 from the State of Washington's designee, indicating that all
tolls, civil penalties and other administrative fees owed by the
person have been paid. + }
{ +
BORROWING FOR THE INTERSTATE 5 BRIDGE REPLACEMENT PROJECT + }
SECTION 11. { + 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 project, 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 project. + }
SECTION 12. { + (1) The Department of Transportation may
request the State Treasurer to issue bonds as provided in ORS
chapter 286A for the purpose of financing the Interstate 5 bridge
replacement project. The provisions of ORS 367.555 and 367.560 do
not apply to 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 unit of
government both as defined in ORS 383.003, for the purpose of:
(a) Financing any portion of the Interstate 5 bridge
replacement project, 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 established by ORS
383.009, as provided in ORS 383.015 (4).
Enrolled House Bill 2800 (HB 2800-A) Page 5
(3) Moneys attributable to the Interstate 5 bridge replacement
project and deposited to, and accounted for as part of, the State
Tollway Account 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.
(4) The moneys described in section 13 (1) of this 2013 Act
shall be used, to the extent such moneys are necessary, to pay or
secure the bonds authorized under this section. + }
SECTION 13. { + (1) Except as provided in subsection (2) of
this section, the following moneys may be pledged to payment of
bonds issued under section 12 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, except that
moneys otherwise pledged or dedicated may be used for a
subordinate lien if allowed by law or contract.
(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 project.
(2) The following moneys may not be pledged to payment of bonds
issued under section 12 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 14. 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.
Enrolled House Bill 2800 (HB 2800-A) Page 6
SECTION 15. 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,
Enrolled House Bill 2800 (HB 2800-A) Page 7
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 16. 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.
Enrolled House Bill 2800 (HB 2800-A) Page 8
(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.
SECTION 17. ORS 367.163 is amended to read:
367.163. The State Treasurer, at the request of the Department
of Transportation, may issue grant anticipation revenue bonds for
the purposes of:
(1) Financing highway improvement projects including highway
improvement projects already under way or scheduled;
(2) Financing the restoration, reconstruction or renovation of
highway improvements in Oregon;
(3) Financing transportation projects;
(4) Paying the costs of issuance of the revenue bonds
including, but not limited to, the costs and fees of paying
agents, trustees and remarketing agents; { - or - }
(5) Paying the costs of credit enhancements { - . - } { + ;
or
(6) Financing the Interstate 5 bridge replacement project. + }
{ +
PUBLIC CONTRACTS + }
SECTION 18. { + (1) As used in this section, 'Interstate 5
bridge replacement project' means the project described in
section 2 of this 2013 Act.
(2)(a) The Department of Transportation shall require, in
accordance with 23 C.F.R. 635.410, that in each public contract
that the department awards to a contractor in connection with the
Interstate 5 bridge replacement project that steel, iron,
coatings for steel and iron and manufactured products that the
contractor purchases for the Interstate 5 bridge replacement
project and that become part of a permanent structure must be
produced in the United States.
(b)(A) The requirement set forth in paragraph (a) of this
subsection does not apply if the Secretary of the United States
Enrolled House Bill 2800 (HB 2800-A) Page 9
Department of Transportation, or the secretary's designee, finds
that:
(i) The requirement is inconsistent with the public interest;
(ii) Steel, iron, coatings for steel and iron and manufactured
products required for the Interstate 5 bridge replacement project
are not produced in the United States in sufficient and
reasonably available quantities and with satisfactory quality; or
(iii) The requirement set forth in paragraph (a) of this
subsection will increase the construction and related costs of
the Interstate 5 bridge replacement project, exclusive of labor
costs involved in final assembly for manufactured products, by 25
percent or more.
(B) At the earliest practicable time, the department shall give
notice of any waiver that the Secretary of the United States
Department of Transportation grants. The department shall give
the notice by means of the same methods the department used to
advertise procurements for the Interstate 5 bridge replacement
project, or by other means reasonably suited to notifying
contractors and subcontractors of the waiver.
(c)(A) Notwithstanding a finding from the Secretary of the
United States Department of Transportation under paragraph (b)(A)
of this subsection, a contractor shall spend at least 75 percent
of the total amount the contractor spends in connection with the
Interstate 5 bridge replacement project on steel, iron, coatings
for steel and iron and manufactured products that become part of
a permanent structure to purchase steel, iron, coatings for steel
and iron and manufactured products that are produced in the
United States.
(B) The Director of Transportation may waive the requirement
set forth in subparagraph (A) of this paragraph if the director
finds that the requirement will increase the cost of a contract
the department awards in connection with the Interstate 5 bridge
replacement project by 25 percent or more, that steel, iron,
coatings for steel and iron or manufactured products are not
produced in the United States in sufficient and reasonable
quantities and with satisfactory quality to meet the requirement
or that the requirement violates regulations promulgated by the
Federal Highway Administration of the United States Department of
Transportation.
(d) The requirements set forth in this subsection are subject
to applicable state and federal trade agreements.
(3)(a) The department, in awarding public contracts in
connection with the Interstate 5 bridge replacement project,
shall seek to the extent permissible under law, and in compliance
with the provisions of 49 C.F.R. part 26, as in effect on the
effective date of this 2013 Act, to:
(A) Ensure nondiscrimination in awarding public contracts;
(B) Remove barriers that prevent disadvantaged business
enterprises from obtaining public contracts;
(C) Create conditions under which disadvantaged business
enterprises may compete fairly for public contracts; and
(D) Otherwise seek to implement the policies set forth in ORS
279A.100, 279A.105 and 279A.110.
(b)(A) The Director of Transportation, in consultation with the
Advocate for Minority, Women and Emerging Small Business, with
disadvantaged, minority, women or emerging small business
enterprises certified under ORS 200.055, with contractors and
with other knowledgeable persons, shall prepare a plan for
complying with the requirements described in paragraph (a) of
this subsection and shall deliver the plan not later than January
Enrolled House Bill 2800 (HB 2800-A) Page 10
1, 2014, to an interim committee of the Legislative Assembly with
oversight over transportation issues. The plan must include a
process for:
(i) Identifying opportunities for disadvantaged, minority,
women or emerging small business enterprises certified under ORS
200.055 to competitively bid for subcontracts and for
disadvantaged, minority, women or emerging small business
enterprises to build the capacity necessary to bid for larger
contracts; and
(ii) Identifying opportunities to create and foster mentoring
relationships between contractors and subcontractors with
extensive experience in performing public contracts and
disadvantaged, minority, women or emerging small businesses that
are certified under ORS 200.055.
(B) The director, in accordance with ORS chapter 183, shall
adopt rules that incorporate the plan and that have an effective
date that is not earlier than July 1, 2014.
(4)(a) As used in this subsection:
(A) 'Apprentice' has the meaning given that term in ORS
660.010.
(B) 'Local joint committee' has the meaning given that term in
ORS 660.010.
(C) 'Program' has the meaning given that term in ORS 660.010.
(b) The department shall provide in each public contract that
the department awards to a contractor in connection with the
Interstate 5 bridge replacement project that apprentices employed
in a program that a local joint committee has approved under ORS
660.002 to 660.210 and that has existed for at least two years
must perform at least 10 percent of all work hours performed
under the public contract. The department shall also require
contractors to provide in each of the contractor's subcontracts
that apprentices with the qualifications specified in this
paragraph must perform at least 10 percent of the work hours
performed under the subcontract.
(c) Paragraph (b) of this subsection does not apply to a
contract or subcontract with a contract price that is less than
$250,000.
(5) The department shall provide in public contracts that the
department awards to a contractor in connection with the
Interstate 5 bridge replacement project that:
(a) Each contractor is subject to the same standards and
restrictions set forth in federal law or the laws of this state
that apply to the entire Interstate 5 bridge replacement project;
and
(b) Each contractor's own contracts with subcontractors must
provide that each subcontractor is subject to the same standards
and restrictions set forth in federal law or the laws of this
state that apply to the entire Interstate 5 bridge replacement
project.
(6) The department shall develop goals for specifying types of
work and contract prices for contracts that are awarded in
connection with the Interstate 5 bridge replacement project so as
to maximize economic development opportunities for small
businesses. The department shall deliver a plan to achieve the
goals not later than January 1, 2014, to an interim committee of
the Legislative Assembly with oversight over transportation
issues.
(7) The department by rule shall establish a procedure that the
department will follow to resolve disputes between the States of
Enrolled House Bill 2800 (HB 2800-A) Page 11
Oregon and Washington with respect to the Interstate 5 bridge
replacement project. + }
{ +
STUDY + }
SECTION 19. { + (1) As used in this section, 'Interstate 5
bridge replacement project' means the project described in
section 2 of this 2013 Act.
(2) The Oregon Transportation Commission shall conduct studies
and develop recommendations on each of the following:
(a) Establishing a fund that may be used to address any air
quality or other public health concerns that may impact the
communities along the Interstate 5 corridor from the Fremont
Bridge to the Columbia River.
(b) Determining locations in this state to station construction
materials for the Interstate 5 bridge replacement project.
(c) Developing strategies for managing the potential diversion
impacts on Interstate 205 as a result of the Interstate 5 bridge
replacement project.
(3) The commission shall present the studies and
recommendations to the appropriate interim committees of the
Legislative Assembly related to transportation no later than
September 15, 2014. + }
SECTION 20. { + Section 19 of this 2013 Act is repealed on the
date of the convening of the 2015 regular session of the
Legislative Assembly as specified in ORS 171.010. + }
{ +
REPORT + }
SECTION 21. { + Each calendar quarter, the Department of
Transportation shall prepare and submit a report on the progress
of the Interstate 5 bridge replacement project described in
section 2 of this 2013 Act to the Legislative Assembly as
provided in ORS 192.245 or, if the report is submitted during the
interim between sessions of the Legislative Assembly, to the
appropriate interim committees related to transportation. + }
SECTION 22. { + Section 21 of this 2013 Act is repealed on
January 2, 2024. + }
{ +
CAPTIONS + }
SECTION 23. { + 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. + }
{ +
EMERGENCY CLAUSE + }
SECTION 24. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
----------
Enrolled House Bill 2800 (HB 2800-A) Page 12
Passed by House February 25, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate March 4, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2800 (HB 2800-A) Page 13
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2800 (HB 2800-A) Page 14
