71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3355
 
LC 3429/HB 3355-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3355
 
                 By COMMITTEE ON TRANSPORTATION
 
                             May 10
 
  On page 1 of the printed bill, delete lines 4 through 30 and
delete page 2 and insert:
  '  { +  SECTION 1. + }  { + (1) The Legislative Assembly
declares that it is the public policy of the State of Oregon to
promote cooperation between the Department of Transportation and
counties on road maintenance projects when it results in an
overall benefit to the public. Monetary savings that result from
the cooperative efforts shall primarily be retained by the
counties and the division of the department that enters into the
agreement. The participants should endeavor to cooperate
regardless of the proportion of benefit to either party.
  ' (2) A county and the Department of Transportation or a
division of the department may establish an intergovernmental
road maintenance agreement that will govern the maintenance of
state highways and county roads within the county or other areas
described by the agreement or of a particular road project. The
agreement must be ratified by the governing body of the county
and the Director of Transportation. An agreement under this
section shall require highways and roads to be maintained in
accordance with standards mutually established by the Oregon
Transportation Commission and the county governing body.
  ' (3) All employees and managers of the department and the
county who will perform road maintenance activities described in
the agreement or who will be involved in the road project
described in the agreement must be given a reasonable opportunity
to participate with the department and the counties in
establishing the terms and provisions of the agreement.
  ' (4) Nothing in this section or in the agreement affects title
to or ownership of state highways or county roads.
  ' (5) The agreement must:
  ' (a) Provide for the use of state and county road maintenance
equipment and facilities by the participants.
  ' (b) Recognize an agreement between either participant and a
state or federal agency established to protect the environment.
The intergovernmental road maintenance agreement must contain
provisions that implement any procedure or specification
contained in the agreement between either participant and the
agency.
  ' (c) Establish a procedure, consistent with appropriate
collective bargaining agreements, to ensure that employees of the
department and the county are properly supervised.
  ' (d) Establish a procedure to determine which maintenance
methods will be used by the participants.
  ' (e) Establish a procedure to account for changes in operating
costs due to the establishment of the agreement and to allocate
increased costs or distribute cost savings between the county and
the department.
  ' (f) Establish a formula, adjustment factor or procedure for
the equitable adjustment and comparison of the maintenance and
equipment use rates required of the department under federal law
and the maintenance and equipment use rates employed by the
county.
  ' (g) Authorize the participants to use either the procurement
procedures applicable to the department or the procurement
procedures applicable to the county as long as the procurement
procedures include adequate safeguards fostering competition and
are consistent with ORS 279.005 and 279.007. + }
  '  { +  SECTION 2. + }  { + If the Attorney General advises the
Department of Transportation under ORS 180.060 about a matter
related to an intergovernmental road maintenance agreement
described in section 1 of this 2001 Act or represents the
department in an action related to the agreement, the Attorney
General shall:
  ' (1) Recognize that the agreement is a cooperative effort
between the department and the counties, entered into for the
overall benefit to the public and the mutual benefit of the state
and the counties; and
  ' (2) Prefer and encourage, when possible, mutually agreeable
resolution of legal issues through further cooperation or
alternative dispute resolution to achieve an overall benefit to
the public. + } ' .
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