Chapter 844 Oregon Laws 2001

AN ACT

SB 966

Relating to transportation; creating new provisions; amending ORS 383.005, 383.011, 383.013 and 383.386; repealing ORS 383.007 and 383.021; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) The Oregon Transportation Commission and the Department of Transportation shall undertake a study exploring the feasibility of establishing joint private-public transportation projects that use innovative financing methods. The study shall include, but need not be limited to, the following issues:

(a) Appropriate criteria for projects that could be undertaken with private-public partnerships;

(b) Possible financing methods for projects; and

(c) Legal and other impediments to undertaking such projects or financing methods.

(2) The study required by this section may include explorations of the feasibility of joint projects undertaken by any combination of private entities and state and local government entities.

(3) The commission shall appoint an Advisory Committee on Innovative Finance to assist the commission and the department in conducting the study required by this section. The advisory committee may also advise the commission and the department on ways to solicit and encourage private entities to participate in joint private-public transportation projects.

(4) Sensitive business, commercial or financial information that is presented to the commission, the department or the advisory committee by a private entity in connection with discussions about private-public transportation projects, or potential financing mechanisms for such projects, is exempt from disclosure under ORS 192.410 to 192.505.

(5) The department shall report the results of the study required by this section to the committees of the Seventy-second Legislative Assembly with primary jurisdiction over transportation. The report shall include but need not be limited to:

(a) Identification of legal impediments to undertaking joint private-public transportation projects with innovative financing mechanisms; and

(b) Suggestions for statutory changes to remove the impediments.

SECTION 2. ORS 383.011 is amended to read:

383.011. [(1) Not later than 40 years after each tollway is completed and operating, title to all legal interests in the real and personal property constituting that tollway shall vest in the Department of Transportation and all tolls charged for the use of such tollway shall terminate. Prior to that time, title to any portion of the legal interests in the real and personal property constituting a tollway project may be held by the department, the private entity that constructs or operates the tollway or by a unit of government or by the state. Title to related facilities may be held by the department or any private entity. However, if the owners of related facilities are not required to convey fee simple title to related facilities to the department within 40 years after the related facilities are complete and operating, the department shall require the owners of the related facilities to pay the department for the reasonable value of the interest that is retained by the owners.]

[(2)] (1) Every contract, agreement or other arrangement between the Department of Transportation and any private entity pursuant to which a private entity owns, leases or operates a tollway shall provide that, if an event occurs that seriously jeopardizes or impairs the continued availability and operation of the tollway, the department shall be entitled to enter into and take possession of the tollway and to exercise all of the rights attendant to such possession, including the right to receive all tolls and other revenues of the tollway, subject to any obligations incurred for the tollway, and the right to operate, maintain, repair and reconstruct the tollway.

[(3)] (2) The department may exercise the power of eminent domain to acquire property for tollway projects, regardless of whether the property will be owned in fee simple by the department.

SECTION 3. ORS 383.013 is amended to read:

383.013. (1) The design of each tollway shall at least meet the minimum design standards generally applicable, at the time the Department of Transportation authorizes the tollway, to the state and other units of government authorized to build and own roads, highways, bridges, tunnels, railways and related facilities.

[(2) Every tollway design shall include a bicycle path, subject to the following conditions and exceptions:]

[(a) The design of each tollway project other than a railway or the renovation or reconstruction of an existing road or highway shall include a bicycle path.]

[(b) The design of each tollway project that involves the renovation or reconstruction of an existing road or highway other than a railway shall include a bicycle path unless the inclusion of the bicycle path would make the renovation or reconstruction impracticable.]

[(3) Every tollway that is longer than 40 miles shall provide tollway travelers with toll-free rest areas that contain concessions providing food, telephone service and vehicle fuel and maintenance service at least once in every 30-mile stretch of tollway. The land on which such concessions are located shall be acquired with the acquisition of land for the tollway, or in connection with the conversion of an existing road to a tollway. Concessions and franchises for the purveyors of services and commodities available in such rest areas shall be granted according to rules and procedures developed by the Department of Transportation in accordance with ORS 383.017. The allocation of revenues derived from the franchise, license or other arrangement for such concessions shall be made in accordance with any arrangement between the department and the owner or operator of the tollway or rest area that the department deems desirable.]

[(4)] (2) In considering the design of a tollway, the department shall solicit the recommendation of all units of government having jurisdiction over any of the territory encompassing or adjacent to the proposed route of the tollway. The department shall consider the present and future needs of local transit authorities and whether the proposed tollway project should be expanded to include the acquisition of land or rights of way for future mass transit needs or for future expansion due to projected population growth.

[(5)] (3) In considering the design of a tollway, the department shall solicit the recommendation of state and local parks departments to consider whether parks or campsites for travelers or bicyclists should be incorporated into the tollway design. The department may enter into agreements for the use of state and local funding for the acquisition and construction of such parks and campsites. The land on which such parks and campsites shall be located may be owned or leased in any manner in which any other tollway property may be owned or leased and shall be managed by any entity chosen by the department for such purpose, including the entity that operates or maintains the tollway. The allocation of revenues derived from the ownership or operation of any park or campsite shall be in accordance with any arrangement the department deems desirable.

SECTION 4. Sections 5 and 6 of this 2001 Act are added to and made a part of ORS 383.003 to 383.023.

SECTION 5. Sensitive business, commercial or financial information presented to the Department of Transportation by a private entity for the purpose of determining the feasibility of the entity’s participation in a tollway project is exempt from disclosure under ORS 192.410 to 192.505.

SECTION 6. (1) In accordance with the provisions of ORS 288.805 to 288.945, a municipality, as defined in ORS 288.805, may issue revenue bonds for the purpose of financing a tollway project.

(2) A nonprofit corporation organized under Oregon law may issue revenue bonds for the purpose of financing a tollway project.

SECTION 7. ORS 383.005 is amended to read:

383.005. (1) For purposes of the acquisition, design, construction, reconstruction, operation or maintenance and repair of tollway projects, the Department of Transportation may enter into any combination of contracts, agreements and other arrangements with any one or more private entities or units of government, or any combination thereof, including but not limited to the following:

(a) Design-build contracts with private entities pursuant to which a portion or all aspects of the design, construction and installation of all or any portion of a tollway project are accomplished by the private entity;

(b) Lease agreements, lease-purchase agreements and installment sale arrangements for the lease, sale or purchase of real and personal property for tollway projects by the state from private entities or units of government or by private entities or units of government from the state;

(c) Licenses, franchises or other agreements for the periodic or long-term operation or maintenance of a tollway project;

(d) Financing agreements for a tollway project pursuant to which the department makes any loan, grant, guaranty or other financing arrangement with a private entity or unit of government; and

(e) Agreements for purchase or acquisition of fee ownership, easements, rights of way or any other interests in land upon which a tollway project is to be built.

(2) The department may operate tollway projects and impose and collect tolls on any tollway project the department operates. Any private entity or unit of government that operates a tollway project pursuant to an agreement with the department may impose and collect tolls on the tollway project[, subject to the limits established by the department pursuant to ORS 383.021].

SECTION 8. ORS 383.386 is amended to read:

383.386. (1) Except as otherwise provided in [ORS 383.007 and] this section, the tollway project described in ORS 383.385 for a toll bridge in Columbia County shall be carried out in the manner set forth in ORS 383.003 to 383.023.

(2) For purposes of the acquisition, design, construction, reconstruction and operation of a toll bridge in Columbia County, the Department of Transportation, in partnership with the Washington State Department of Transportation, may enter into any combination of contracts, agreements and other arrangements with the Port of St. Helens and the Port of Longview, including but not limited to the contracts and agreements described in ORS 383.005 (1).

(3) [Notwithstanding ORS 383.011 (1),] The title to all legal interests in the bridge constructed and operated under agreements authorized by this section may remain permanently in the Port of St. Helens and the Port of Longview.

SECTION 9. ORS 383.007 and 383.021 are repealed.

SECTION 10. This 2001 Act takes effect on the 91st day after the date on which the regular session of the Seventy-first Legislative Assembly adjourns sine die.

Approved by the Governor July 27, 2001

Filed in the office of Secretary of State July 27, 2001

Effective date October 6, 2001

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