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. + }
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