77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
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, Transportation and Economic Development)
CHAPTER ................
AN ACT
Relating to the Multimodal Transportation Fund; creating new
provisions; amending ORS 367.080, 367.084 and 367.086; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 367.080 is amended to read:
367.080. (1) As used in ORS 367.080 to 367.086, '
transportation project' has the meaning given that term in ORS
367.010.
(2) The Multimodal Transportation Fund is established separate
and distinct from the General Fund. Earnings on moneys in the
Multimodal Transportation Fund shall be deposited into the fund.
Moneys in the Multimodal Transportation Fund are continuously
appropriated to the Department of Transportation for the purposes
described in subsection (3) of this section and in ORS 367.086.
(3) The department shall use moneys in the Multimodal
Transportation Fund to provide grants and loans for
transportation projects as provided in ORS 367.080 to 367.086.
Grants and loans may be provided only for projects that involve
one or more of the following modes of transportation:
(a) Air;
(b) Marine;
(c) Rail; { - and - }
(d) Public transit { - . - } { + ; and
(e) Bicycle and pedestrian. + }
(4) All moneys received by the department as interest on loans
made under this section and as repayment of principal of loans
made under this section shall be deposited into the Multimodal
Transportation Fund.
SECTION 2. ORS 367.084 is amended to read:
367.084. (1) The Oregon Transportation Commission shall select
transportation projects to be funded with moneys in the
Multimodal Transportation Fund established by ORS 367.080.
(2)(a) Prior to selecting aeronautic and airport transportation
projects, the commission shall solicit recommendations from the
State Aviation Board.
(b) Prior to selecting freight transportation projects, the
commission shall solicit recommendations from the Freight
Advisory Committee.
Enrolled Senate Bill 260 (SB 260-B) Page 1
(c) Prior to selecting public transit and rail projects, the
commission shall solicit recommendations from its public transit
and rail advisory committees.
(d) Prior to selecting marine projects, the commission shall
solicit recommendations from the Oregon Business Development
Department.
{ + (e) Prior to selecting bicycle and pedestrian projects,
the commission shall solicit recommendations from the advisory
committee created by ORS 366.112. + }
(3) In selecting transportation projects the commission shall
consider:
(a) Whether a proposed transportation project reduces
transportation costs for Oregon businesses or improves access to
jobs and sources of labor;
(b) Whether a proposed transportation project results in an
economic benefit to this state;
(c) Whether a proposed transportation project is a critical
link connecting elements of Oregon's transportation system that
will measurably improve utilization and efficiency of the system;
(d) How much of the cost of a proposed transportation project
can be borne by the applicant for the grant or loan from any
source other than the Multimodal Transportation Fund; and
(e) Whether a proposed transportation project is ready for
construction.
SECTION 3. ORS 367.086 is amended to read:
367.086. { - (1) The Oregon Transportation Commission shall
transfer moneys for aeronautic and airport transportation
projects selected under ORS 367.084 from the Multimodal
Transportation Fund to the Oregon Department of Aviation, which
shall administer the projects. The amount transferred shall
include moneys to pay administrative costs incurred by the Oregon
Department of Aviation in carrying out the provisions of ORS
367.080 to 367.086. - }
{ + (1) The Department of Transportation, in cooperation with
the Oregon Department of Aviation, shall administer aeronautic
and airport transportation projects selected under ORS 367.084
for funding with moneys in the Multimodal Transportation Fund.
The Oregon Department of Aviation may use moneys from the
Multimodal Transportation Fund to pay administrative costs
incurred by the Oregon Department of Aviation in carrying out the
provisions of ORS 367.080 to 367.086. + }
(2) Except as provided in subsection (1) of this section, the
Department of Transportation shall administer all transportation
projects that are selected under ORS 367.084. The Department { +
of Transportation + } may use moneys from the Multimodal
Transportation Fund to pay administrative costs incurred by the
Department { + of Transportation + } in carrying out the
provisions of ORS 367.080 to 367.086.
SECTION 4. { + Section 5 of this 2013 Act is added to and made
a part of ORS 824.200 to 824.256. + }
SECTION 5. { + (1) Notwithstanding ORS 367.082, a railroad
company may not receive, directly or indirectly, a grant or loan
of moneys from the Multimodal Transportation Fund established in
ORS 367.080 if the railroad company charges a landowner for an
easement to cross a railroad that is necessary for the landowner
to access the landowner's property.
(2)(a) This section applies only to a railroad company that
operates a railroad located wholly within the boundaries of
Benton and Linn Counties.
Enrolled Senate Bill 260 (SB 260-B) Page 2
(b) The provisions of this section do not apply to a railroad
company that was imposing and collecting the charge before
January 1, 2013.
(3) Rules adopted by the Department of Transportation under ORS
367.082 relating to applications for grants or loans of moneys
from the Multimodal Transportation Fund must provide for notice
to applicants of the restrictions imposed by this section.
(4) If the department determines that a railroad company has
charged a landowner for an easement in violation of this section,
the department may not thereafter make any further grants or
loans of moneys from the Multimodal Transportation Fund that
would benefit the railroad company. + }
SECTION 6. { + Section 5 of this 2013 Act applies to all
grants and loans of moneys from the Multimodal Transportation
Fund made on or after the effective date of this 2013 Act. + }
SECTION 7. { + 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. + }
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Passed by Senate July 8, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House July 8, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 260 (SB 260-B) Page 3
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 Senate Bill 260 (SB 260-B) Page 4