Bill Text: OR SB128 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 509 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) 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. Removes obsolete reporting dates for Road User Fee Task Force. Changes process used to calculate amount of moneys available to pay debt service and expenses related to certain transportation projects. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to transportation; amending ORS 184.843 and 367.617 and sections 5 and 64, 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. (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 367.617 is amended to read: 367.617. (1) As used in this section: (a) 'Bond' has the meaning given that term in ORS 367.010. (b) 'Bond debt service' has the meaning given that term in ORS 367.010. (2) On each January 1, April 1, July 1 and October 1, and on the date of issuance of any Highway User Tax Bonds described in ORS 367.620 (3)(c), the Department of Transportation shall determine: (a) The amount of Highway User Tax Bonds described in ORS 367.620 (3)(c) that are outstanding; (b) The amount reasonably estimated, as set forth in subsection { - (4) - } { + (5) + } of this section, as being necessary to pay bond debt service on the outstanding Highway User Tax Bonds described in ORS 367.620 (3)(c); { - and - } (c) The amount of moneys allocated to the department under ORS 366.752 that is not required to pay bond debt service on the outstanding Highway User Tax Bonds described in ORS 367.620 (3)(c) { - . The department shall deposit the amount into the Transportation Project Account established under ORS 366.523. - } { + ; and (d) The amount of moneys allocated to any project listed in section 64, chapter 865, Oregon Laws 2009, that is not required for that project. (3) The department shall deposit the amount of moneys allocated to the department or to any project under subsection (2)(c) and (d) of this section into the Transportation Project Account established under ORS 366.523. + } { - (3) - } { + (4) + } The amount of moneys determined by the department under subsection (2)(c) { + and (d) + } of this section may be allocated by the Oregon Transportation Commission pursuant to a request of the department, in an amount that does not exceed the amount determined by the department, under subsection (2)(c) { + and (d) + } of this section, to the following projects in the following order of priority: (a) The amount established for projects listed in section 64, chapter 865, Oregon Laws 2009 { - ; - } { + . + } (b) $15 million each year for maintenance, preservation and safety of the highways so long as the amount reasonably estimated by the department pursuant to subsection (2)(b) of this section is not greater than the amount received by the department under ORS 366.752 (4)(c) { - ; and - } { + . + } { + (c) To supplement the amount of moneys allocated for a project listed in section 64, chapter 865, Oregon Laws 2009, when the commission determines that the project cannot be completed for the amount allocated to it. When the commission allocates funds from the Transportation Project Account to a project listed in section 64, chapter 865, Oregon Laws 2009, the commission shall give priority to a project located in the same region of the state as a project that does not require the amount of funds allocated to it under section 64, chapter 865, Oregon Laws 2009. + } { - (c) - } { + (d) + } For any other purposes determined by the commission { + , including but not limited to extensions or additional phases of projects identified in section 64, chapter 865, Oregon Laws 2009 + }. { - (4) - } { + (5) + } To reasonably estimate the amount necessary to pay bond debt service on Highway User Tax Bonds described in ORS 367.620 (3)(c), the department shall include in its computation: (a) For fixed rate bonds, the bond debt service payments due on the bonds in the calendar quarter; and (b) For variable rate bonds, bond debt service payments due on the bonds in the calendar quarter, with interest computed at the maximum rate of interest as set forth in the bond declaration or bond indenture executed by the department pursuant to ORS 367.630 and 367.640. SECTION 3. Section 5, chapter 865, Oregon Laws 2009, as amended by section 2, chapter 30, Oregon Laws 2010, is amended to read: { + Sec. 5. + } (1) The Department of Transportation shall provide information on the department's website about: (a) Transportation projects described in section 64, chapter 865, Oregon Laws 2009; and (b) Any other transportation projects funded by the increase in taxes and fees by the amendments to: (A) ORS 803.090 by section 42, chapter 865, Oregon Laws 2009; (B) ORS 803.420 by section 43, chapter 865, Oregon Laws 2009; (C) ORS 803.420 by section 43a, chapter 865, Oregon Laws 2009; (D) ORS 803.570 by section 44, chapter 865, Oregon Laws 2009; (E) ORS 803.645 by section 44a, chapter 865, Oregon Laws 2009; (F) ORS 319.020 by section 48, chapter 865, Oregon Laws 2009; (G) ORS 319.530 by section 49, chapter 865, Oregon Laws 2009; (H) ORS 818.225 by section 51, chapter 865, Oregon Laws 2009; (I) ORS 825.476 by section 52, chapter 865, Oregon Laws 2009; and (J) ORS 825.480 by section 53, chapter 865, Oregon Laws 2009. (2) The department shall make the information accessible directly from the department's website home page. (3) For each project listed, the department shall provide a short description of the project, the intended benefit of the project, an estimated date for inviting bids and entering into contracts, an estimated contract cost, an estimated completion date, any change in the estimated completion date and any change in the project cost. The department shall also provide explanation for any change in the estimated completion date or change in project cost. { + (4) The department shall indicate on the department's website when an extension or phase is added to a project listed in section 64, chapter 865, Oregon Laws 2009, or the amount of moneys allocated to a project listed in section 64, chapter 865, Oregon Laws 2009, is supplemented with moneys from the Transportation Project Account under ORS 367.617 (4)(c). + } { - (4) - } { + (5) + } The department shall update the information required by this section each week until all projects are completed. { - (5) - } { + (6) + } The department shall report to the interim House and Senate committees related to transportation on the progress the department is making toward achieving the goals of this section. SECTION 4. Section 64, chapter 865, Oregon Laws 2009, is amended to read: { + Sec. 64. + } (1) Proceeds of the bonds, as defined in ORS 367.010, authorized under ORS 367.620 (3)(c) may be used to finance all or any portion of the projects as listed in subsection (2) of this section. The commission shall determine the order of completion for the projects listed in subsection (2) of this section. (2) { + Subject to ORS 367.617, + } the following amounts are allocated for the projects listed below: _________________________________________________________________ ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ (a)U.S. Highway 26 at the Glencoe Road Interchange....32$million (b)Interstate 84 at the 257th Avenue In24$million (c)State Highway 212: Sunrise Corridor, Phase I, Units 1, 2 and 3.......100$million (d)U.S. Highway 26 at the Shute Road Interchange, Phase I........45$million (e)Interstate 5 at the Interstate 205 Interchange11$million (f)U.S. Highway 26: 185th Avenue to Cornell Road20$million (g)Interstate 205 and State Highway 213 at the Washington Street Intercha22$million (h)Interstate 84 at the Hood River Interchan10$million (i)State Highway 43 at the Sellwood Bridge Interchange....30$million (j)State Highway 6 at U.S. Highway 101....27$million (k)State Highway 99W: Newberg and Dundee Byp192$millionI (L)Interstate 5 at the State Highway 214 Interchange43$million (m)Interstate 5 at Beltline Highway, Units 3, 4, 5, 6 and 7........80$million (n)Beltline Highway at Delta Highway...2$million (o)Interstate 5 at Kuebler Road, Phase I..15$million (p)Interstate 5 at Kuebler Road, Phase II (Mill Creek)....4$million (q)State Highway 42, county line curves....10$million (r)State Highway 62: Corridor Solution, Phas100$million (s)Interstate 5 at the Fern Valley Road Interchang25$million (t)Interstate 5 Sutherlin truck climbing4.1$million (u)Interstate 5 Sexton truck climbing lanes.10$million (v)Interstate 84 at the U.S. Highway 97 Inte19$million (w)U.S. Highway 97: Crooked River Bridge to 2$million (x)State Highway 140: Klamath Falls to the Nevada state li23$million (y)Murphy Road at the U.S. Highway 97 Inte25$million (z)U.S. Highway 97: Redmond reroute, Phase I5$million (aaChico Road reconstruction in Baker County.1$million (bbChandler Lane reconstruction in Baker Count4.6$million (ccInterstate 84 Spring Creek climbing lane in Union County..5.7$million (ddNorthwest Washington Avenue in Malheur Cou4.5$million (eePierce Road improvements in Union County.5$million (ffState Highway 82 alternate route in Wallowa Count5$million (ggWestland Road in Umatilla County........1.1$million (hhState Highway 207 and State Highway 206 in0.5$million (iiVehicle chain-up areas east of Pendleton on Interstate 84............4.7$million (jjIzee-Paulina Highway in Grant County..4.5$million (kkMonroe Street and U.S. Highway 20 Intersection in Harney Coun0.9$million ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ _________________________________________________________________ (3) Prior to June 1, 2010, in addition to the projects listed in subsection (2) of this section, if projects are recommended to the Oregon Transportation Commission by the applicable local area commission on transportation after consultation with the local governments listed in this subsection, the Oregon Transportation Commission may also approve and allocate funds to the following local governments for projects approved by the commission in the following amounts: _________________________________________________________________ ____NOTE_TO_WEB_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ (a)Baker County..4.5$million (b)Grant County..1.1$million (c)Harney County.4.1$million (d)Malheur County5.8$million (e)Union County..1.3$million (f)Umatilla Count2.5$million (g)City of Nyssa...1$million (h)City of Heppner.3$million (i)City of Milton-F3$million (j)City of Ontari1.2$million (k)Port of Umatil4.5$million (L)Port of Morro10.7$million ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ _________________________________________________________________ SECTION 5. { + 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. + } ----------