Bill Text: OR SB260 | 2011 | Regular Session | Introduced
Bill Title: Relating to the development of this state's transportation system; appropriating money; declaring an emergency.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB260 Detail]
Download: Oregon-2011-SB260-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 2600
Senate Bill 260
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 Senate Interim Committee on
Business and 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.
Authorizes issuance of lottery bonds for transportation
projects. Establishes Local Government Transportation Improvement
Fund for purpose of funding local government transportation
projects. Continuously appropriates moneys in fund to Department
of Transportation.
Directs Land Conservation and Development Commission to
consider certain criteria when preparing, adopting and amending
goals and guidelines that relate to this state's transportation
system.
Directs Oregon Transportation Commission to consider certain
criteria when selecting projects for Statewide Transportation
Improvement Program.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the development of this state's transportation
system; creating new provisions; amending ORS 184.621;
appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 6 of this 2011 Act:
(1) 'Local government' means a county or incorporated city.
(2) 'Transportation project' has the meaning given that term in
ORS 367.010. + }
SECTION 2. { + (1) At the request of the Department of
Transportation, the State Treasurer is authorized to issue
lottery bonds pursuant to ORS 286A.560 to 286A.585 for the
biennium beginning July 1, 2011.
(2) Net proceeds of bonds issued under this section must be
deposited in the Local Government Transportation Improvement Fund
established in section 4 of this 2011 Act in an amount sufficient
to provide $_____ in net proceeds for the purpose of funding
local government transportation projects.
(3) Bond-related costs for the lottery bonds authorized by this
section must be paid from the gross proceeds of the lottery bonds
and from moneys allocated for the purposes of ORS 286A.576
(1)(c). + }
SECTION 3. { + The Legislative Assembly finds that:
(1) There is an urgent need to improve and expand the
transportation infrastructure of this state for purposes related
to economic development.
(2) Local governments and private sector businesses often lack
the funds and technical capacity necessary to actuate
transportation projects.
(3) Public investment in the transportation infrastructure of
this state will promote employment opportunities and stimulate
industrial growth and commercial enterprise.
(4) Improving and expanding the transportation infrastructure
of this state will create jobs and further economic development,
and the issuance of lottery bonds to finance local government
transportation projects is therefore an appropriate use of state
lottery funds under section 4, Article XV of the Oregon
Constitution, and ORS 461.510. + }
SECTION 4. { + (1) The Local Government Transportation
Improvement Fund is established in the State Treasury, separate
and distinct from the General Fund. Interest earned on moneys in
the Local Government Transportation Improvement Fund shall be
credited to the fund. The fund shall consist of moneys deposited
in the fund under section 2 of this 2011 Act and any moneys
derived from fees, revenues or other income that the Legislative
Assembly deposits in the fund for the purpose of funding local
government transportation projects. Moneys in the fund are
continuously appropriated to the Department of Transportation for
the purposes described in subsection (2) of this section.
(2) Subject to sections 5 and 6 of this 2011 Act, moneys in the
Local Government Transportation Improvement Fund are available
for:
(a) Disbursements to local governments to pay the costs of
funding local government transportation projects.
(b) Payment of bond-related costs, as defined in ORS
286A.560. + }
SECTION 5. { + (1) A local government may apply to the
Department of Transportation for, and the department may award, a
grant to fund a transportation project. The application must:
(a) Describe the transportation project; and
(b) Describe the area benefited by the transportation project.
(2) The department must award a grant under this section to at
least two of the following five regions:
(a) Region one, consisting of Clackamas, Columbia, Hood River,
Multnomah and Washington Counties.
(b) Region two, consisting of Benton, Clatsop, Lane, Lincoln,
Linn, Marion, Polk, Tillamook and Yamhill Counties.
(c) Region three, consisting of Coos, Curry, Douglas, Jackson
and Josephine Counties.
(d) Region four, consisting of Crook, Deschutes, Gilliam,
Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties.
(e) Region five, consisting of Baker, Grant, Harney, Malheur,
Morrow, Umatilla, Union and Wallowa Counties.
(3) In accordance with ORS chapter 183, the department shall
adopt rules that specify the process by which a local government
must apply for a grant under this section. + }
SECTION 6. { + (1) The Department of Transportation shall
enter into an agreement with a local government that successfully
applies for a grant under section 5 of this 2011 Act. The
agreement must require:
(a) The department to disburse to the local government moneys
from the Local Government Transportation Improvement Fund when:
(A) Moneys are available; and
(B) The department determines that the local government has
sufficient financing, from moneys available from the department
and other sources, to complete the transportation project; and
(b) The local government to:
(A) Indemnify the state government, as defined in ORS 174.111,
to the fullest extent permitted by law for any financial
liability that the state government might incur as a result of
the local government borrowing moneys for the transportation
project; and
(B) Refund to the department for deposit in the Local
Government Transportation Improvement Fund the amount by which
the aggregate expenditure of the transportation project is less
than the initial disbursement.
(2) The state government is not liable to the lenders, vendors
or contractors of a local government for any action under
sections 1 to 6 of this 2011 Act or the grant agreement
authorized by this section. + }
SECTION 7. { + Section 8 of this 2011 Act is added to and made
a part of ORS chapter 197. + }
SECTION 8. { + (1) As used in this section:
(a) 'Local government' means a county or incorporated city.
(b) 'Transportation corridor' means a highway or any segment of
a highway.
(2) In preparing, adopting and amending goals and guidelines
that relate to this state's transportation system, the Land
Conservation and Development Commission shall:
(a) Consider any requirements that local governments must meet
in a comprehensive plan or regional plan to provide sufficient
buildable lands within an urban growth boundary, including the
requirement that a comprehensive plan or regional plan must
accommodate estimated housing needs for 20 years;
(b) Consider methods by which local governments may mitigate
the impact of developing land;
(c) Consider alternative methods by which a local government
may finance development of a transportation corridor;
(d) Consider methods by which local governments may improve
regional traffic flow;
(e) Prioritize local land use needs in the development of a
transportation corridor, including the need for compact urban
development by local governments with an urban growth boundary;
(f) Prioritize the actual and projected growth of a local
government over the type of zone through which a transportation
corridor runs and zone changes; and
(g) Adopt standards that promote cooperation and account for
existing relationships between local governments to ensure the
comprehensive development of this state's transportation system.
(3) The commission shall adopt a process by which a local
government may apply to the department for development of a
transportation corridor. When a local government applies to the
department for development of a transportation corridor pursuant
to this section, the commission:
(a) Has 180 days from the date that the local government
submits the application to approve or deny the request. If the
commission does not approve or deny the request within 180 days,
the commission shall approve the request and deem the development
to be in compliance with statewide planning goals.
(b) Must issue a clear statement of findings that set forth the
basis for the approval or denial. The findings shall:
(A) Identify the goal applicable to the development; and
(B) Include a clear statement of findings in support of the
commission's determination.
(4) In adopting and amending goals and guidelines that relate
to this state's transportation system, the commission shall
consult with local governments. In accordance with ORS chapter
183, the commission shall adopt rules for the administration of
this subsection. + }
SECTION 9. { + (1) As used in this section:
(a) 'Local government' means a county or incorporated city.
(b) 'Transportation corridor' means a highway or any segment of
a highway for which a local government applies to the Department
of Land Conservation and Development for development pursuant to
section 8 of this 2011 Act.
(2) When selecting projects for the Statewide Transportation
Improvement Program, the Oregon Transportation Commission shall
consider whether the project:
(a) Relieves congestion for the state highway system or for
major access routes to the state highway system;
(b) Improves the time that it takes to travel through an area
that is experiencing rapid development;
(c) Increases the operational effectiveness of the state
highway system by providing links between existing components of
the system; and
(d) Is capable of reducing congestion in other modes of travel.
(3) In reviewing and updating the criteria used to select
projects under the Statewide Transportation Improvement Program,
the commission shall consult with local governments. In
accordance with ORS chapter 183, the commission shall adopt rules
for the administration of this subsection. + }
SECTION 10. ORS 184.621 is amended to read:
184.621. The Oregon Transportation Commission shall work with
stakeholders to review and update the criteria used to select
projects within the Statewide Transportation Improvement Program.
When revising the project selection criteria the commission shall
consider whether { - the project - } { + meeting the
criteria + }:
(1) Improves the state highway system or major access routes to
the state highway system on the local road system to relieve
congestion by expanding capacity, enhancing operations or
otherwise improving travel times within high-congestion
corridors.
(2) Enhances the safety of the traveling public by decreasing
traffic crash rates, promoting the efficient movement of people
and goods and preserving the public investment in the
transportation system.
(3) Increases the operational effectiveness and reliability of
the existing system by using technological innovation, providing
linkages to other existing components of the transportation
system and relieving congestion.
(4) Is capable of being implemented to reduce the need for
additional highway projects.
(5) Improves the condition, connectivity and capacity of
freight-reliant infrastructure serving the state.
(6) Supports improvements necessary for this state's economic
growth and competitiveness, accessibility to industries and
economic development.
(7) Provides the greatest benefit in relation to project costs.
(8) Fosters livable communities by demonstrating that the
investment does not undermine sustainable urban development.
(9) Enhances the value of transportation projects through
designs and development that reflect environmental stewardship
and community sensitivity.
(10) Is consistent with the state's greenhouse gas emissions
reduction goals and reduces this state's dependence on foreign
oil.
SECTION 11. { + 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
passage. + }
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