71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2275
LC 1663/HB 2275-18
HOUSE AMENDMENTS TO
HOUSE BILL 2275
By JOINT COMMITTEE ON WAYS AND MEANS
July 4
On page 1 of the printed bill, line 2, delete '458.720' and
insert '565.103'.
In line 7, delete 'and 348.716'.
After line 14, insert:
' (c) To fund Oregon's share of the costs of studies and
ecosystem restoration projects in the lower Columbia River
estuary designed to improve habitat for listed endangered or
threatened species of Columbia River anadromous salmonids.'.
On page 2, after line 1, insert:
' (d) The current lower Columbia River estuary habitat for
listed endangered or threatened species of Columbia River
anadromous salmonids could be improved through ecosystem
restoration projects. The use of the Oregon State Lottery to pay
debt service on lottery bonds issued under this section to pay
for studying how the estuary could be improved and to pay for
ecosystem restoration projects are authorized uses of state
lottery funds.'.
In line 4, delete 'shall' and insert 'may' and delete ' $219
million' and insert '$177 million'.
In line 7, delete 'shall' and insert 'may'.
In line 10, delete 'shall' and insert 'may'.
In line 15, after 'to' insert 'subsection (1)(a) and (b) of'.
In line 29, after 'Fund' delete 'to' and insert 'and deposit
into the Channel Deepening Account of'.
After line 37, insert:
' (5) The aggregate principal amount of lottery bonds issued
pursuant to subsection (1)(c) of this section for the costs of
studies and ecosystem restoration projects in the lower Columbia
River estuary may not exceed the sum of $750,000 and an
additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs. The net proceeds of lottery
bonds issued pursuant to subsection (1)(c) of this section shall
be deposited in the Oregon Community Development Fund created by
ORS 285A.227 and may be used only for the nonfederal cost share
portion of United States Army Corps of Engineers Columbia River
estuary projects authorized by Congress prior to the effective
date of this 2001 Act. The director may not request the issuance
of lottery bonds pursuant to subsection (1)(c) of this section
until Congress and Washington have authorized their respective
shares of the costs of the studies and ecosystem restoration
projects in the lower Columbia River estuary.'.
In line 38, delete '(5)' and insert '(6)' and delete ' shall'
and insert 'may'.
In line 39, delete 'subsection (4)' and insert ' subsections
(4) and (5)'.
Delete lines 40 through 45.
On page 3, delete lines 1 through 19.
In line 20, delete '3' and insert '2'.
In line 40, delete '4' and insert '3' and delete 'and 348.716'.
On page 4, line 21, delete '5' and insert '4' and delete ' 6 to
8' and insert '5 to 7'.
In line 23, delete '6' and insert '5' and delete '6 to 8' and
insert '5 to 7'.
In line 24, delete '10' and insert '9'.
In line 29, delete '7' and insert '6' and delete 'and 348.716'.
On page 5, line 8, delete '8' and insert '7' and delete ' 7'
and insert '6'.
In line 18, delete '9' and insert '8'.
On page 6, line 8, delete '10' and insert '9'.
In line 24, delete '11' and insert '10'.
On page 7, line 34, delete '12' and insert '11'.
On page 8, after line 6, insert:
' { + SECTION 12. + } ORS 565.103 is amended to read:
' 565.103. (1) Pursuant to ORS 286.560 to 286.580 { - and
348.716 - } , lottery bonds may be issued to fund projects for
the improvement, restoration, upgrading and preservation of
systems, facilities and equipment of the Oregon State Fair and
Exposition Center.
' (2) The use of lottery bond proceeds is authorized based on
the following findings:
' (a) The activities of the Oregon State Fair and Exposition
Center promote Oregon's agricultural industry and its products;
' (b) The promotion of agricultural products expands markets,
which in turn creates jobs and stimulates economic development of
the industry; and
' (c) The annual Oregon State Fair draws patrons from
throughout the region and creates jobs and substantial economic
activity for the Salem and Keizer areas.
' (3) The aggregate principal amount of lottery bonds issued
pursuant to this section { - shall - } { + may + } not exceed
the sum of
{ - $10,167,661 - } { + $20,167,661 + } and an additional
amount estimated by the State Treasurer to be necessary to pay
bond-related costs. Lottery bonds issued pursuant to this
section shall be issued only at the request of the Director of
the Oregon State Fair and Exposition Center.
' (4) The net proceeds of lottery bonds issued pursuant to this
section shall be deposited in the State Fair Capital Project
Fund, which is hereby established in the State Treasury separate
and distinct from the General Fund.
' (5) The proceeds of lottery bonds issued pursuant to this
section shall be used only for the purposes set forth in
subsection (1) of this section and for bond-related costs.
' { + SECTION 13. + } { + Sections 14 to 16 of this 2001 Act
are added to and made a part of ORS 367.010 to 367.060. + }
' { + SECTION 14. + } { + (1) Pursuant to ORS 286.560 to
286.580, lottery bonds may be issued to fund projects for the
improvement, restoration, upgrading and preservation of systems,
facilities and equipment of short line railroads.
' (2) The use of lottery bond proceeds is authorized based on
the following findings:
' (a) A well developed system of short line railroads is
critical to the economic growth and stability of Oregon;
' (b) Traditional funding techniques such as grant programs are
unable to keep pace with infrastructure investment in Oregon due
to budgetary constraints on state government;
' (c) Short line railroads serve the public good and would
benefit from the provision of public assistance;
' (d) New investment capital can be attracted to infrastructure
projects that are capable of generating their own revenue stream
through dedicated funding sources;
' (e) A state credit program can complement existing funding
sources by leveraging resources from nonstate sources;
' (f) The state could mitigate the need to expand highways by
encouraging the development and sustainability of a statewide
system of short line railroads; and
' (g) Newly established state credit programs are most
effectively delivered when they augment and utilize the resources
of previously established state credit programs.
' (3) The aggregate principal amount of lottery bonds issued
pursuant to this section may not exceed the sum of $2 million and
an additional amount established by the State Treasurer to be
necessary to pay bond-related costs. Lottery bonds issued
pursuant to this section shall be issued only at the request of
the Director of Transportation.
' (4) The net proceeds of lottery bonds issued pursuant to this
section shall be deposited in the Short Line Credit Premium
Account established by section 16 of this 2001 Act.
' (5) The proceeds of lottery bonds issued pursuant to this
section may be used only for the purposes set forth in subsection
(1) of this section and for bond-related costs. + }
' { + SECTION 15. + } { + As used in this section and
section 16 of this 2001 Act:
' (1) 'Credit premium' means the amount required to be paid to
the United States Secretary of Transportation before disbursement
of a federal loan under RRIFP.
' (2) 'RRIFP' means the Railroad Rehabilitation and Improvement
Financing Program, 49 C.F.R. 260 et seq.
' (3) 'Short line railroad' means a class II or class III
railroad as defined in 49 C.F.R. 1201. + }
' { + SECTION 16. + } { + (1) The Short Line Credit Premium
Account is established as an account in the Oregon Transportation
Infrastructure Fund. Moneys in the Short Line Credit Premium
Account are continuously appropriated to the Department of
Transportation for the purpose of carrying out the provisions of
this section.
' (2) A short line railroad may apply to the Department of
Transportation for infrastructure assistance in a manner
determined by the department by rule.
' (3) In evaluating applications for infrastructure assistance
under this section, the department shall give priority to
projects that:
' (a) Enhance public safety;
' (b) Enhance the environment;
' (c) Appear creditworthy, providing financially secure sources
of repayment to secure a federal credit instrument;
' (d) Promote rural economic development;
' (e) Reduce demand for expansion of highway capacity;
' (f) Enable Oregon companies to be more competitive in
regional, national and international markets;
' (g) Preserve or enhance rail or intermodal service to small
communities or rural areas; and
' (h) Will be operated by a short line railroad with federal
credit assistance under the RRIFP.
' (4) If a short line railroad receives infrastructure
assistance under this section for a project for which federal
credit assistance was received under RRIFP, and if all or part of
the credit premium is returned to the railroad by the federal
government, the railroad shall remit to the department the amount
of moneys returned to the railroad.
' (5) All moneys remitted to the department under subsection
(4) of this section shall be deposited by the department into the
Short Line Credit Premium Account. + }
' { + SECTION 17. + } { + The Department of Transportation
shall report to the Seventy-second Legislative Assembly on the
status of the short line railroad infrastructure assistance
program developed under section 16 of this 2001 Act. + }
' { + SECTION 18. + } { + As used in sections 18 to 22 of
this 2001 Act:
' (1) 'Residual lottery revenues' means the unobligated net
lottery proceeds as defined in ORS 286.560 that remain in each
fiscal year after:
' (a) Payment of debt service due in that fiscal year on all
bonds secured by the revenues of the lottery, and issued on
parity with lottery bonds outstanding on the effective date of
this 2001 Act; and
' (b) Payment of costs related to those lottery bonds.
' (2) 'South Metro Commuter Rail Project' or 'project' means
the acquisition, construction, installation and procurement of
all components of an approximately 15-mile commuter rail line
connecting Wilsonville, Tualatin, Tigard and Beaverton, or
segments thereof. + }
' { + SECTION 19. + } { + (1)(a) For the biennium beginning
July 1, 2001, the State Treasurer is authorized to issue lottery
bonds pursuant to ORS 286.560 to 286.580 in the amount of
$200,000 for payment of the expenses of the Department of
Transportation in entering into and administering a grant
agreement under section 21 (3) of this 2001 Act for the South
Metro Commuter Rail Project, plus an additional amount to be
estimated by the State Treasurer for payment of bond-related
costs of the Oregon Department of Administrative Services, the
Department of Transportation and the State Treasurer.
' (b) For the biennium beginning July 1, 2001, the State
Treasurer is authorized to issue lottery bonds pursuant to ORS
286.560 to 286.580 in the amount of $20 million for payment of
the expenses of Washington County for the South Metro Commuter
Rail Project, plus an additional amount to be estimated by the
State Treasurer for payment of bond-related costs of the Oregon
Department of Administrative Services, the Department of
Transportation and the State Treasurer.
' (c) For the biennium beginning July 1, 2003, the State
Treasurer is authorized to issue lottery bonds pursuant to ORS
286.560 to 286.580 in the amount of $200,000 for payment of the
expenses of the Department of Transportation in administering a
grant agreement under section 21 (3) of this 2001 Act for the
South Metro Commuter Rail Project, plus an additional amount to
be estimated by the State Treasurer for payment of bond-related
costs of the Oregon Department of Administrative Services, the
Department of Transportation and the State Treasurer.
' (d) For the biennium beginning July 1, 2003, the State
Treasurer is authorized to issue lottery bonds pursuant to ORS
286.560 to 286.580 in the amount of $15 million for payment of
the expenses of Washington County for the South Metro Commuter
Rail Project, plus an additional amount to be estimated by the
State Treasurer for payment of bond-related costs of the Oregon
Department of Administrative Services, the Department of
Transportation and the State Treasurer.
' (2) Lottery bonds issued under this section shall be issued
at the request of the Director of Transportation.
' (3)(a) Net proceeds of lottery bonds issued under subsection
(1)(a) and (b) of this section, in the amount of $20.2 million,
shall be deposited in the South Metro Commuter Rail Project Fund
established by section 21 of this 2001 Act not later than June
30, 2003.
' (b) Net proceeds of lottery bonds issued under subsection
(1)(c) and (d) of this section, in the amount of $15.2 million,
shall be deposited in the South Metro Commuter Rail Project Fund
established by section 21 of this 2001 Act not later than June
30, 2004.
' (4) The bond-related costs of the Oregon Department of
Administrative Services, the Department of Transportation and the
State Treasurer for the lottery bonds authorized by this section
shall be paid from the gross proceeds of those lottery bonds and
from allocations for the purposes of ORS 286.576 (1)(c). + }
' { + SECTION 20. + } { + The Legislative Assembly finds
that:
' (1) The development, acquisition, construction and operation
of the South Metro Commuter Rail Project will accomplish the
purpose of creating jobs and furthering economic development in
Oregon because:
' (a) Construction and operation of the South Metro Commuter
Rail will reduce traffic congestion on existing highways and
roads, improving the attractiveness of the metropolitan area to
new businesses and supporting the operations and prosperity of
existing businesses;
' (b) Construction and operation of the South Metro Commuter
Rail will reduce the cost and time required for family wage
earners to commute to work, permitting more of Oregon's work
force to obtain jobs for which they are qualified; and
' (c) Authorization for the issuance of lottery bonds for the
South Metro Commuter Rail Project will increase the likelihood of
federal funding for the project and add new revenues that will
directly benefit Oregon's construction industry.
' (2) The factors described in subsection (1) of this section
will encourage and promote economic development within the State
of Oregon, and issuance of lottery bonds to finance the South
Metro Commuter Rail Project is therefore an appropriate use of
state lottery funds under section 4, Article XV of the Oregon
Constitution, and ORS 461.510. + }
' { + SECTION 21. + } { + (1) The South Metro Commuter Rail
Project Fund is established separate and distinct from the
General Fund. The moneys in the South Metro Commuter Rail Project
Fund and the interest earnings of the fund are continuously
appropriated to the Department of Transportation for the purpose
described in subsection (2) of this section. The fund shall
consist of moneys deposited in the fund under section 19 of this
2001 Act and may include fees, moneys or other revenues available
for payment of expenses of the South Metro Commuter Rail Project,
including federal funds collected or received as reimbursement
for expenses of the project from the United States Department of
Transportation or the Federal Highway Administration under the
Transportation Equity Act for the 21st Century (P.L. 105-178), or
Miscellaneous Receipts.
' (2) Subject to subsection (3) of this section, moneys in the
fund shall be available for immediate distribution to Washington
County to pay the expenses of the project.
' (3)(a) The Director of Transportation shall enter into a
grant agreement by February 28, 2002, with Washington County that
requires the department to disburse, over the course of the
project, an aggregate amount of $35 million to Washington County
from the fund. Disbursements from the fund shall be made as soon
as deposits accrue in the fund and shall commence when:
' (A) Moneys are available;
' (B) Washington County has entered into one or more contracts
for final design, construction or acquisition of components of
the South Metro Commuter Rail Project and the contracts have an
aggregate value of at least $20 million; and
' (C) The Director of Transportation determines that the
following conditions have occurred:
' (i) Washington County has provided documentation that it will
have sufficient financing to complete the project; and
' (ii) Washington County has agreed in the grant agreement
authorized by this section that the county will not request or
accept any state General Fund moneys for the project. Upon
completion of the project, if the aggregate expenditure of state
and local moneys is less than $60 million, Washington County
shall refund the difference to the fund established by this
section.
' (b) Upon satisfaction of the conditions described in
paragraph (a) of this subsection, the Department of
Transportation shall disburse $20 million of the moneys in the
fund to Washington County in the biennium beginning July 1, 2001.
' (c) When moneys are available in the fund and Washington
County certifies to the Department of Transportation that it has
entered into one or more contracts for final design, construction
or acquisition of components of the project that in the aggregate
represent at least 58 percent of the project's costs, the
department shall disburse $15 million of the moneys in the fund
to Washington County in the biennium beginning July 1, 2003.
' (d)(A) Of the moneys deposited in the fund in the biennium
beginning July 1, 2001, the Department of Transportation may use
$200,000 to pay the department's expenses in entering into and
administering the grant agreement authorized by this section.
' (B) Of the moneys deposited in the fund in the biennium
beginning July 1, 2003, the Department of Transportation may use
$200,000 to pay the department's expenses in entering into and
administering the grant agreement authorized by this subsection.
' (4)(a) The state is not liable to the lenders, vendors or
contractors of Washington County for any action or omission under
sections 18 to 22 of this 2001 Act or the grant agreement
authorized by this section, except for a failure to allocate and
deposit to the fund amounts required by section 19 of this 2001
Act or to disburse from the fund to Washington County amounts
required by this section and the grant agreement authorized by
this section.
' (b) The grant agreement must:
' (A) Obligate the department to deposit the net proceeds of
lottery bonds described in section 19 of this 2001 Act or, if
necessary, the amounts described in section 22 of this 2001 Act
into the fund.
' (B) Obligate Washington County to indemnify the state and its
agencies and departments to the fullest extent permitted by law
for any liability the state or its agencies and departments might
incur in connection with any borrowing by Washington County for
the project, except failure to allocate and deposit to the fund
amounts required by section 19 of this 2001 Act or amounts
described in section 22 of this 2001 Act or to disburse from the
fund to Washington County amounts required by this section and
the grant agreement authorized by this section.
' (c) Washington County may assign and pledge its rights under
the grant agreement to lenders, vendors or contractors. The
Director of Transportation shall pledge the moneys available in
the fund for the project. + }
' { + SECTION 22. + } { + If the state has not deposited an
aggregate amount of $35 million in the South Metro Commuter Rail
Project Fund by June 30, 2004, the state shall allocate to the
Department of Transportation for deposit in the South Metro
Commuter Rail Project Fund an amount equal to the difference
between $35 million and the aggregate deposits to the fund as of
June 30, 2004, from the first available residual lottery
revenues. + }
' { + SECTION 23. + } { + (1) Pursuant to ORS 286.560 to
286.580 and 348.716, lottery bonds may be issued to fund projects
for the construction of:
' (a) A building for the study of the regional agricultural,
health and life sciences at Eastern Oregon University; and
' (b) A library building at Southern Oregon University.
' (2) The use of lottery bond proceeds is authorized based on
the following findings:
' (a) The universities of the State System of Higher Education
promote the improved education of Oregon's students, especially
in the subjects of agricultural, health and life sciences;
' (b) The promotion of educated employees for business and
industry, especially for those in the agricultural, health and
life sciences, expands markets, which in turn creates jobs and
stimulates economic development of the state's business and
industry; and
' (c)(A) A building for the study of the regional agricultural,
health and life sciences at Eastern Oregon University will
attract faculty and students to the university and create jobs
and substantial economic activity for the La Grande area.
' (B) A library building at Southern Oregon University will
attract faculty and students to the university and create jobs
and substantial economic activity for the Ashland area.
' (3) The aggregate principal amount of lottery bonds issued
pursuant to this section may not exceed the sum of $14 million
and an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs. Lottery bonds issued
pursuant to this section shall be issued only at the request of
the Chancellor of the State Board of Higher Education.
' (4)(a) Of the net proceeds of lottery bonds issued pursuant
to this section, $9 million shall be deposited in the Eastern
Oregon University Regional Agricultural, Health and Life Sciences
Building Account established in section 14, chapter ___ (Enrolled
Senate Bill 5525).
' (b) Of the net proceeds of lottery bonds issued pursuant to
this section, $5 million shall be deposited in the Southern
Oregon University Library Account established in section 13,
chapter ___ (Enrolled Senate Bill 5525).
' (5) The proceeds of lottery bonds issued pursuant to this
section may be used only for the purposes set forth in subsection
(1) of this section and for bond-related costs. + }
' { + SECTION 24. + } { + (1) Pursuant to ORS 286.560 to
286.580, lottery bonds may be issued to fund grants to the Oregon
Public Broadcasting Corporation and to the Southern Oregon Public
Television Corporation for the purpose of conversion to digital
broadcasting and related costs.
' (2) The use of lottery bond proceeds is authorized based on
the following findings:
' (a) The public broadcasting system in Oregon provides
programming designed and selected to assist in the education of
viewers in broad areas of knowledge, skill development, finance,
recreation, culture, government, history and the arts.
' (b) The public broadcasting system in Oregon provides
instructional television to educators around the state.
Participants receive access to approximately 80 instructional
television series designed for kindergarten through 12th grade
students. Additional resources are available for educators,
including an Instructional Television Resource Guide.
' (3) The aggregate principal amount of lottery bonds issued
pursuant to this section may not exceed the sum of $8 million and
an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs. The Southern Oregon Public
Television Corporation shall receive a grant of $1 million of the
grant funds authorized by this section. The Oregon Public
Broadcasting Corporation shall receive a grant of $7 million of
the grant funds authorized by this section. Lottery bonds issued
pursuant to this section shall be issued only at the request of
the Director of the Oregon Department of Administrative Services.
' (4) The net proceeds of lottery bonds issued pursuant to this
section shall be deposited in the Public Broadcasting in Oregon
Lottery Project Fund, which is established in the State Treasury
separate and distinct from the General Fund.
' (5) The proceeds of the lottery bonds issued pursuant to this
section shall be used only for the purposes set forth in
subsection (1) of this section and for bond-related costs. + } '
.
In line 7, delete '13' and insert '25'.
----------