71st OREGON LEGISLATIVE ASSEMBLY--2001 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 3169
House Bill 3660
Sponsored by Representative G SMITH; Representatives DOYLE, KNOPP
(at the request of Special Districts Association of Oregon)
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.
Broadens definition of municipality for purposes of financial
assistance for certain infrastructure projects.
A BILL FOR AN ACT
Relating to municipalities; amending ORS 285B.410.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 285B.410 is amended to read:
285B.410. As used in ORS 285B.410 to 285B.479, unless the
context requires otherwise:
(1) 'Municipality' means a city, a county, { - a port
incorporated under ORS 777.010 and 777.050, - } the Port of
Portland created by ORS 778.010, { - a metropolitan service
district organized under ORS chapter 268, a domestic water supply
district organized under ORS chapter 264, a water authority or
sanitary authority organized under ORS 450.600 to 450.989, a
water improvement district organized under ORS chapter 552, a
water control district organized under ORS chapter 553, a
sanitary district organized under ORS 450.005 to 450.245, - } a
county service district organized under ORS chapter 451 { + , + }
{ - or - } a tribal council of an Indian tribe in this
state { + or a district as defined in ORS 198.010 + }.
(2) 'Infrastructure project' means:
(a) A project for the construction of sewage treatment works,
solid waste disposal sites, water supply works, roads, public
transportation, railroad industrial spurs or sidings or other
facilities that comprise the physical foundation for industrial
and commercial activity. The costs of property acquisition
directly related to the infrastructure project and acquisition of
easements or rights of way necessary to accomplish construction
of the infrastructure project are eligible for assistance under
ORS 285B.410 to 285B.479. The costs of activities related to
performing an environmental evaluation of a brownfield are
eligible for assistance under ORS 285B.416 (2) and 285B.455 (5).
Purchases of off-site property for project-related purposes such
as wetland mitigation or other uses not directly related to the
infrastructure are not eligible for assistance. As used in this
paragraph, 'brownfield' and 'environmental evaluation' have the
meanings given those terms respectively in ORS 285A.185 and
285A.188.
(b) A project, in consultation with the Department of
Transportation and other affected agencies, for the acquisition,
reconstruction or rehabilitation of an abandoned railroad line or
railroad line that has been designated by the owner and operator
thereof as subject to abandonment within a three-year period
pursuant to federal law and regulations governing abandonment of
common carrier railroad lines. The project may include operation
or maintenance costs if the project also includes acquisition,
reconstruction or rehabilitation.
(c) A safe drinking water project, in consultation with the
Water Resources Department, the Health Division of the Department
of Human Services or the Department of Land Conservation and
Development, for improving a drinking water system for the
purpose of achieving or maintaining compliance with applicable
state or federal drinking water quality regulations.
(d) A project for the acquisition, construction or development
of community facilities, including the acquisition of land, the
construction, acquisition, renovation or reconstruction of
buildings, structures and other real property and the acquisition
or construction of related equipment and fixtures. ' Community
facilities' includes facilities that are owned by a municipality
and are operated by either the municipality or a person under a
management contract or operating agreement with the municipality.
(3) 'Public transportation' includes public depots, public
parking, public docks, public wharves, railroads and airport
facilities.
(4) 'Roads' includes:
(a) Ways described as streets, highways, throughways or alleys;
(b) Road related structures that are in the right of way such
as tunnels, culverts or similar structures; and
(c) Structures that provide for continuity of the right of way
such as bridges.
(5) 'Sewage treatment works' includes all facilities necessary
for collecting, pumping, treating and disposing of sanitary or
storm sewage.
(6) 'Solid waste disposal site' has the meaning given to the
term 'disposal site' by ORS 459.005.
(7) 'Water supply works' includes all facilities necessary for
tapping natural sources of domestic and industrial water,
treating and protecting the quality of the water and transmitting
it to the point of sale to any public or private agency for
domestic, municipal and industrial water supply service.
(8) 'Urban infrastructure projects' includes all those projects
located in whole or in part within the acknowledged Portland
Metropolitan Area Regional Urban Growth Boundary, and the
acknowledged urban growth boundaries of the cities of Eugene,
Springfield, Salem, Keizer or Medford or projects that will
principally benefit these areas. The Director of the Economic and
Community Development Department is authorized to resolve
situations left in question by this definition.
(9) 'Nonurban infrastructure projects' includes all those
projects which do not meet the definition of urban infrastructure
projects.
----------