Bill Text: OR SB128 | 2011 | Regular Session | Enrolled
Bill Title: Relating to transportation; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-07-06 - Effective date, July 6, 2011. [SB128 Detail]
Download: Oregon-2011-SB128-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 128
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for Department of Transportation)
CHAPTER ................
AN ACT
Relating to transportation; creating new provisions; amending ORS
184.843, 215.311 and 367.620; repealing sections 3 and 4,
chapter 865, Oregon Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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.
Enrolled Senate Bill 128 (SB 128-B) Page 1
(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 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.
{ - (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 2. ORS 367.620 is amended to read:
367.620. (1) The principal amount of Highway User Tax Bonds
issued under ORS 367.615 shall be subject to the provisions of
ORS 286A.035.
(2) Highway User Tax Bonds may be issued under ORS 367.615 for
the purposes described in ORS 367.622 in an aggregate principal
amount sufficient to produce net proceeds of not more than $500
million.
(3)(a) Highway User Tax Bonds may be issued under ORS 367.615
for bridge purposes described in section 10 (1), chapter 618,
Enrolled Senate Bill 128 (SB 128-B) Page 2
Oregon Laws 2003, in an aggregate principal amount sufficient to
produce net proceeds of not more than $1.6 billion.
(b) Highway User Tax Bonds may be issued under ORS 367.615 for
modernization purposes described in sections 10 (2) and 11,
chapter 618, Oregon Laws 2003, in an aggregate principal amount
sufficient to produce net proceeds of not more than $300 million.
(c) Highway User Tax Bonds may be issued under ORS 367.615 for
the purposes described section 64, chapter 865, Oregon Laws 2009,
in an aggregate principal amount sufficient to produce net
proceeds of not more than $840 million. { + The proceeds from
bonds issued as described in this paragraph that are not required
for the purposes described in section 64, chapter 865, Oregon
Laws 2009, shall be allocated to transportation projects, as
defined in ORS 367.010, that are approved by the Legislative
Assembly by law. + }
(d) The Department of Transportation, with the approval of the
State Treasurer, may designate the extent to which a series of
bonds authorized under this subsection is secured and payable on
a parity of lien or on a subordinate basis to existing or future
Highway User Tax Bonds.
SECTION 3. { + (1) The Department of Transportation shall
consult with the legislative committees related to transportation
during a session of the Legislative Assembly, or the interim
legislative committees related to transportation, prior to
expending federal funds received under a federal law that
provides general economic stimulus moneys to this state that may
be used by the department for transportation projects.
(2) As used in this section, 'transportation project' has the
meaning given that term in ORS 367.010. + }
SECTION 4. ORS 215.311 is amended to read:
215.311. (1) The limitations on uses of land in exclusive farm
use zones described in ORS 215.283, 215.284 and 215.700 to
215.780 and limitations imposed by or adopted pursuant to ORS
197.040 do not apply to log truck parking under this section.
(2) The provisions of this section do not affect the
eligibility of a zone for special assessment as provided in ORS
308A.050 to 308A.128.
(3) Notwithstanding any other provision of law except for
health and safety provisions, parking no more than seven log
trucks shall be allowed in an exclusive farm use zone unless the
local government determines that log truck parking on a lot or
parcel will:
(a) Force a significant change in accepted farm or forest
practices on surrounding lands devoted to farm or forest use; or
(b) Significantly increase the cost of accepted farm or forest
practices on surrounding lands devoted to farm or forest use.
{ + (4) The limitations on uses of land zoned for forest use
or mixed farm and forest use described in ORS 215.700 to 215.780
and limitations imposed by or adopted pursuant to ORS 197.040 do
not apply to dump truck parking under this section.
(5) The provisions of this section do not affect the
eligibility of land for special assessment as provided in ORS
308A.250 to 308A.259, 308A.300 to 308A.330, 308A.350 to 308A.383,
308A.403 to 308A.430 or 308A.450 to 308A.465.
(6) Notwithstanding any other provision of law except for
health and safety provisions, parking up to seven dump trucks and
up to seven trailers is allowed on land zoned for forest use or
mixed farm and forest use unless the local government determines
that dump truck parking on a lot or parcel will:
Enrolled Senate Bill 128 (SB 128-B) Page 3
(a) Force a significant change in accepted farm or forest
practices on surrounding lands devoted to farm or forest use; or
(b) Significantly increase the cost of accepted farm or forest
practices on surrounding lands devoted to farm or forest use. + }
SECTION 5. { + The Director of Transportation shall:
(1) Appoint an employee of the Department of Transportation to
participate in meetings held by the cooperating committee created
pursuant to the Multistate Highway Transportation Agreement under
ORS 802.560.
(2) Pay any membership fee required by the Multistate Highway
Transportation Agreement from funds appropriated to the
department. + }
SECTION 6. { + Sections 3 and 4, chapter 865, Oregon Laws
2009, are repealed. + }
SECTION 7. { + Section 3 of this 2011 Act applies to federal
laws that provide economic stimulus funds to states that take
effect on or after the effective date of this 2011 Act. + }
SECTION 8. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by Senate April 26, 2011
Repassed by Senate June 21, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 8, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 128 (SB 128-B) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 128 (SB 128-B) Page 5
