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 3615
House Bill 3876
Sponsored by Representative STARR; Representative KROPF
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.
Establishes Oregon Turnpike Authority. Authorizes authority to
enter into agreements with private entities or local governments
for building turnpikes.
A BILL FOR AN ACT
Relating to a turnpike authority; creating new provisions;
amending ORS 383.001, 383.003, 383.005, 383.009, 383.011,
383.013, 383.015, 383.017, 383.019, 383.021, 383.023 and
383.386; repealing ORS 383.007; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS 383.003 to 383.023. + }
SECTION 2. { + (1) The Oregon Turnpike Authority is
established. The authority shall consist of six members,
appointed by the Governor and subject to confirmation by the
Senate in the manner provided in ORS 171.562 and 171.565.
(2) The term of office of a member of the authority is four
years. Members may be reappointed.
(3) The authority has the powers and duties specified in ORS
383.003 to 383.023.
(4) The authority may hire a director and such other staff as
the authority considers necessary for the performance of its
duties. + }
SECTION 3. ORS 383.001 is amended to read:
383.001. The Legislative Assembly finds that:
(1) The development, improvement, expansion and maintenance of
an efficient, safe and well-maintained system of roads, highways
and other transportation facilities is essential to the economic
well-being and high quality of life of the people of this state.
(2) Public sources of revenues, including federal funding, to
provide an efficient transportation system have not kept pace
with the state's growing population and growing transportation
needs, and all available alternative sources of funding should be
utilized to supplement available public sources of revenues.
(3) Because public funding sources are not providing the state
with sufficient funds to meet all of its transportation needs,
private funding should be encouraged as an additional source of
funding for transportation projects and facilities.
(4) Various alternatives for utilizing the funds of private
entities in the acquisition, design, construction,
reconstruction, operation and maintenance of transportation
facilities exist, including arrangements whereby private entities
obtain exclusive agreements to design, build, own, lease or
operate with private funds all or a portion of transportation
projects and facilities in exchange for the right to receive
certain revenues generated from the operation and utilization of
such transportation projects and facilities.
(5) Another important alternative for the funding of
transportation facilities is the use of federal funds pursuant to
23 U.S.C. 129(a), as amended by section 112 of the Intermodal
Surface Transportation Efficiency Act of 1991, which established
a program authorizing federal participation in construction of
publicly or privately owned { - toll highways - } { +
turnpikes + }, bridges and tunnels.
(6) The federal legislation allows for a mix of federal funding
and private funding of transportation facilities, allowing the
states to leverage available federal funds as a means for
attracting private capital.
(7) Legislation for the utilization of private funding of
transportation facilities should be flexible enough to permit the
{ - Department of Transportation - } { + Oregon Turnpike
Authority + } to obtain the advantages of any available
alternative under which the acquisition, design, construction,
reconstruction, operation, maintenance and repair of
transportation facilities can be financed in whole or in part or
in combination by any available sources of private or public
funding.
(8) The funding of transportation facilities through the
imposition of tolls on those who use such facilities is a fair
and impartial means of assessing the costs of improvements
against those who most benefit from such improvements, and is
consistent with public policy.
(9) Joint endeavors of public and private entities do the
following:
(a) Take advantage of private sector efficiencies in designing,
constructing and operating transportation projects.
(b) Allow for the rapid formation of capital necessary for
funding transportation projects.
(c) Require continued compliance with environmental
requirements and applicable state and federal laws that all
publicly financed projects must address.
SECTION 4. ORS 383.003 is amended to read:
383.003. As used in ORS 383.003 to 383.023:
(1) { - ' Department' means the Department of
Transportation - } { + ' Authority' means the Oregon Turnpike
Authority + }.
(2) 'Private entity' means any nongovernmental entity,
including a corporation, partnership, company or other legal
entity, or any natural person.
(3) 'Related facility' means any real or personal property
that:
(a) Will be used to operate, maintain, renovate or facilitate
the use of the { - tollway - } { + turnpike + };
(b) Will provide goods or services to the users of the
{ - tollway - } { + turnpike + }; or
(c) Can be developed efficiently when { - tollways - } { +
turnpikes + } are developed and will generate revenue that may be
used to reduce tolls or will be deposited in the State
{ - Tollway - } { + Turnpike + } Account.
(4) 'Toll' means any fee or charge for the use of a
{ - tollway - } { + turnpike + }.
(5) { - ' Tollway' - } { + 'Turnpike' + } means any
roadway, path, highway, bridge, tunnel, railroad track, bicycle
path or other paved surface or structure specifically designed as
a land vehicle transportation route, the construction, operation
or maintenance of which is wholly or partially funded with toll
revenues resulting from an agreement under ORS 383.005.
(6) { - ' Tollway project' - } { + 'Turnpike project' + }
means any capital project involving the acquisition of land for,
or the construction, reconstruction, improvement, installation,
development or equipping of, a { - tollway - } { +
turnpike + }, related facilities or any portion thereof.
(7) 'Unit of government' means any department or agency of the
federal government, any state, or any agency, office or
department thereof, and any city, county, district, port or other
public corporation organized and existing under statutory law or
under a voter-approved charter.
SECTION 5. 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 - } { + turnpike + } projects, the
{ - Department of Transportation - } { + Oregon Turnpike
Authority + } 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 - } { +
turnpike + } 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 - } { + turnpike + }
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 - }
{ + turnpike + } project;
(d) Financing agreements for a { - tollway - } { +
turnpike + } project pursuant to which the { - department - }
{ + authority + } 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 - } { + turnpike + } project is to be
built.
(2) The { - department - } { + authority + } may operate
{ - tollway - } { + turnpike + } projects and impose and
collect tolls on any { - tollway - } { + turnpike + } project
the { - department - } { + authority + } operates. Any
private entity or unit of government that operates a
{ - tollway - } { + turnpike + } project pursuant to an
agreement with the { - department - } { + authority + } may
impose and collect tolls on the { - tollway - } { +
turnpike + } project, subject to the limits established by the
{ - department - } { + authority + } pursuant to ORS 383.021.
SECTION 6. ORS 383.009 is amended to read:
383.009. (1) There is hereby established the State
{ - Tollway - } { + Turnpike + } Account as a separate account
within the State Highway Fund. The State { - Tollway - } { +
Turnpike + } Account shall consist of:
(a) All moneys and revenues received by the { - Department of
Transportation - } { + Oregon Turnpike Authority + } from or
made available by the federal government to the
{ - department - } { + authority + } for any
{ - tollway - } { + turnpike + } project or for the operation
or maintenance of any { - tollway - } { + turnpike + };
(b) Any moneys received by the { - department - } { +
authority + } from any other unit of government or any private
entity for a { - tollway - } { + turnpike + } project or from
the operation or maintenance of any
{ - tollway - } { + turnpike + };
(c) All moneys and revenues received by the
{ - department - } { + authority + } from any loan made by the
{ - department - } { + authority + } for a
{ - tollway - } { + turnpike + } project pursuant to ORS
383.005, and from any lease, agreement, franchise or license for
the right to the possession and use, operation or management of a
{ - tollway - } { + turnpike + } project;
(d) All tolls and other revenues received by the
{ - department - } { + authority + } from the users of any
{ - tollway - } { + turnpike + } project;
(e) The proceeds of any bonds authorized to be issued under ORS
383.023 for { - tollway - } { + turnpike + } projects;
(f) Any moneys that the Department { + of Transportation + }
has legally transferred from the State Highway Fund to the State
{ - Tollway - } { + Turnpike + } Account for
{ - tollway - } { + turnpike + } projects;
(g) All moneys and revenues received by the
{ - department - } { + authority + } from all other sources
that by donation, grant, contract or law are allocated or
dedicated for { - tollway - } { + turnpike + } projects; and
(h) All interest earnings on investments made from any of the
moneys held in the State { - Tollway - } { + Turnpike + }
Account.
(2) Moneys in the State { - Tollway - } { + Turnpike + }
Account may be used by the { - department - } { +
authority + } for the following purposes:
(a) To finance preliminary studies and reports for any
{ - tollway - } { + turnpike + } project;
(b) To acquire land to be owned by the state for
{ - tollways - } { + turnpikes + } and any related facilities
therefor;
(c) To finance the construction, renovation, operation,
improvement, maintenance or repair of any { - tollway - } { +
turnpike + } project;
(d) To make grants or loans to a unit of government for
{ - tollway - } { + turnpike + } projects;
(e) To make loans to private entities for { - tollway - }
{ + turnpike + } projects;
(f) To pay the principal, interest and premium due with respect
to, and to pay the costs connected with the issuance or ongoing
administration of any bonds or other financial obligations
authorized to be issued by, or the proceeds of which are received
by, the { - department - } { + authority + } for any
{ - tollway - } { + turnpike + } project;
(g) To provide a guaranty or other security for any bonds or
other financial obligations, including but not limited to
financial obligations with respect to any bond insurance, surety
or credit enhancement device issued or incurred by the
{ - department - } { + authority + }, a unit of government or
a private entity, for the purpose of financing a single
{ - tollway - } { + turnpike + } project or any related group
or system of { - tollways - } { + turnpikes + } or related
facilities; and
(h) To pay the costs incurred by the { - department - } { +
authority + } in connection with its oversight, operation and
administration of the State { - Tollway - } { + Turnpike + }
Account, the proposals and projects submitted under ORS 383.015
and the { - tollway - } { + turnpike + } projects financed
under ORS 383.005.
(3) For purposes of securing bonds authorized by ORS 383.023 or
providing a guaranty, surety or other security authorized by
subsection (2)(g) of this section, the { - department - } { +
authority + } may:
(a) Irrevocably pledge all or any portion of the amounts that
are credited to, or are required to be credited to, the State
{ - Tollway - } { + Turnpike + } Account;
(b) Establish subaccounts in the State { - Tollway - } { +
Turnpike + } Account, and make covenants regarding the credit to
and use of amounts in those accounts and subaccounts; and
(c) Establish separate trust funds or accounts and make
covenants to transfer to those separate trust funds or accounts
all or any portion of the amounts that are required to be
deposited in the State { - Tollway - } { + Turnpike + }
Account.
(4) Notwithstanding any other provision of ORS 383.001 to
383.023 and 383.315, the { - department - } { + authority + }
shall not pledge any funds or amounts at any time held in the
State { - Tollway - } { + Turnpike + } Account as security
for the obligations of a private entity unless the
{ - department - } { + authority + } has entered into a
binding and enforceable agreement that provides the
{ - department - } { + authority + } reasonable assurance that
the { - department - } { + authority + } will be repaid, with
appropriate interest, any amounts that the
{ - department - } { + authority + } is required to advance
pursuant to that pledge.
(5) The State { - Tollway - } { + Turnpike + } Account is
continuously appropriated to the { - department - } { +
authority + } for purposes authorized by this section.
SECTION 7. 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 - } { +
turnpike + } project may be held by the
{ - department - } { + Oregon Turnpike Authority + }, the
private entity that constructs or operates the { - tollway - }
{ + turnpike + } or by a unit of government or by the state.
Title to related facilities may be held by the
{ - department - } { + authority + } 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) Every contract, agreement or other arrangement between the
{ - department - } { + authority + } and any private entity
pursuant to which a private entity owns, leases or operates a
{ - tollway - } { + turnpike + } shall provide that, if an
event occurs that seriously jeopardizes or impairs the continued
availability and operation of the { - tollway - } { +
turnpike + }, the { - department - } { + authority + } shall
be entitled to enter into and take possession of the
{ - tollway - } { + turnpike + } and to exercise all of the
rights attendant to such possession, including the right to
receive all tolls and other revenues of the { - tollway - }
{ + turnpike + }, subject to any obligations incurred for the
{ - tollway - } { + turnpike + }, and the right to operate,
maintain, repair and reconstruct the { - tollway - } { +
turnpike + }.
(3) The { - department - } { + authority + } may exercise
the power of eminent domain to acquire property for
{ - tollway - } { + turnpike + } projects, regardless of
whether the property will be owned in fee simple by the
{ - department - } { + authority + }.
SECTION 8. ORS 383.013 is amended to read:
383.013. (1) The design of each { - tollway - } { +
turnpike + } shall at least meet the minimum design standards
generally applicable, at the time the { - Department of
Transportation - } { + Oregon Turnpike Authority + } authorizes
the { - tollway - } { + turnpike + }, to the state and other
units of government authorized to build and own roads, highways,
bridges, tunnels, railways and related facilities.
(2) Every { - tollway - } { + turnpike + } design shall
include a bicycle path, subject to the following conditions and
exceptions:
(a) The design of each { - tollway - } { + turnpike + }
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 - } { + turnpike + }
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 - } { + turnpike + } that is longer
than 40 miles shall provide { - tollway - } { + turnpike + }
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 - } { + turnpike + }. The land on which such
concessions are located shall be acquired with the acquisition of
land for the { - tollway - } { + turnpike + }, or in
connection with the conversion of an existing road to a
{ - tollway - } { + turnpike + }. 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 - } { +
Oregon Turnpike Authority + } 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 - }
{ + authority + } and the owner or operator of the
{ - tollway - } { + turnpike + } or rest area that the
{ - department - } { + authority + } deems desirable.
(4) In considering the design of a { - tollway - }
{ + turnpike + }, the
{ - department - } { + authority + } 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 - } { + turnpike + }. The
{ - department - } { + authority + } shall consider the
present and future needs of local transit authorities and whether
the proposed { - tollway - } { + turnpike + } 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) In considering the design of a { - tollway - } { +
turnpike + }, the
{ - department - } { + authority + } 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 - } { + turnpike + } design. The
{ - department - } { + authority + } 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 - } { +
turnpike + } property may be owned or leased and shall be managed
by any entity chosen by the { - department - } { +
authority + } for such purpose, including the entity that
operates or maintains the { - tollway - } { + turnpike + }.
The allocation of revenues derived from the ownership or
operation of any park or campsite shall be in accordance with any
arrangement the { - department - } { + authority + } deems
desirable.
SECTION 9. ORS 383.015 is amended to read:
383.015. (1) { - Tollway - } { + Turnpike + } projects may
be initiated by the { - Department of Transportation - } { +
Oregon Turnpike Authority + }, by a unit of government having an
interest in the installation of a
{ - tollway - } { + turnpike + }, or by a private entity
interested in constructing or operating a { - tollway - } { +
turnpike + } project. The
{ - department - } { + authority + } shall charge an
administrative fee for reviewing and considering any
{ - tollway - } { + turnpike + } project proposed by a private
entity, which the { - department - } { + authority + } shall
establish by rule. All such administrative fees shall be
deposited into the State { - Tollway - } { + Turnpike + }
Account.
(2) The { - department - } { + authority + } shall adopt
rules pursuant to which it will consider authorization of a
{ - tollway - } { + turnpike + } project. The rules shall
require consideration of:
(a) The opinions and interests of units of government
encompassing or adjacent to the path of the proposed
{ - tollway - } { + turnpike + } project in having the
{ - tollway - } { + turnpike + } installed;
(b) The probable impact of the proposed { - tollway - } { +
turnpike + } project on local environmental, aesthetic and
economic conditions and on the economy of the state in general;
(c) The extent to which funding other than state funding is
available for the proposed { - tollway - } { + turnpike + }
project;
(d) The likelihood that the estimated use of the
{ - tollway - } { + turnpike + } project will provide
sufficient revenues to independently finance the costs related to
the construction and future maintenance, repair and
reconstruction of the { - tollway - } { + turnpike + }
project, including the repayment of any loans to be made from
moneys in the State { - Tollway - } { + Turnpike + } Account;
(e) With respect to { - tollway - } { + turnpike + }
projects, any portion of which will be financed with state funds
or { - department - } { + authority + } loans or grants:
(A) The relative importance of the proposed { - tollway - }
{ + turnpike + } project compared to other proposed
{ - tollways - } { + turnpikes + }; and
(B) Traffic congestion and economic conditions in the
communities that will be affected by competing { - tollway - }
{ + turnpike + } projects; and
(f) The effects of { - tollway - } { + turnpike + }
implementation on community and local street traffic.
(3) Notwithstanding any other provision of ORS 383.001 to
383.023 and 383.315, no { - tollway - } { + turnpike + }
project shall be authorized unless the { - department - } { +
authority + } finds that either:
(a) Based on the { - department's - } { + authority's + }
estimate of present and future traffic patterns, the revenues
generated by the
{ - tollway - } { + turnpike + } project will be sufficient,
after payment of all obligations incurred in connection with the
acquisition, construction and operation of such { - tollway - }
{ + turnpike + } project, to ensure the continued maintenance,
repair and reconstruction of the
{ - tollway - } { + turnpike + } project without the
contribution of additional public funds; or
(b) The revenues generated by the { - tollway - } { +
turnpike + } project will be at least sufficient to pay its
operational expenses and a portion of the costs of its
construction, maintenance, repair and reconstruction, and the
importance of the { - tollway - } { + turnpike + } project to
the welfare or economy of the state is great enough to justify
the use of public funding for a portion of its construction,
maintenance, repair and reconstruction.
(4) If the { - department - } { + authority + } finds that
a proposed
{ - tollway - } { + turnpike + } project qualifies for
authorization under this section, the { - department - } { +
authority + } may conduct or cause to be conducted any
environmental, geological or other studies required by law as a
condition of construction of the { - tollway - } { +
turnpike + } project. The costs of completing the studies for any
proposed
{ - tollway - } { + turnpike + } project may be paid by
moneys in the State
{ - Tollway - } { + Turnpike + } Account, provided that any
such payment shall constitute a loan against the proposed
{ - tollway - } { + turnpike + } project and shall be
reimbursed to the State { - Tollway - } { + Turnpike + }
Account as a part of the permanent financing for the project.
SECTION 10. ORS 383.017 is amended to read:
383.017. (1) The { - Department of Transportation - } { +
Oregon Turnpike Authority + } may award any contract, franchise,
license or agreement related to a { - tollway - } { +
turnpike + } project, other than a concession for the provision
of goods or services at a rest area, under a competitive process
or by private negotiation with one or more entities, or by any
combination of competition and negotiation without regard to any
other laws concerning the procurement of goods or services for
projects of the state.
(2) When using a competitive process for the award of a
{ - tollway - } { + turnpike + } project contract, the
{ - department - } { + authority + } shall consider the
following factors in addition to the proposer's estimate of cost:
(a) The quality of the design, if applicable, submitted by a
proposer. In considering the quality of the design of a
{ - tollway - } { + turnpike + } project, the
{ - department - } { + authority + } shall take into
consideration:
(A) The structural integrity of the design, including the
probable effect of the design on the future costs of maintenance
of the { - tollway - } { + turnpike + };
(B) The aesthetic qualities of the design, including such
factors as the width of lane separators, landscaping and sound
walls;
(C) The traffic capacity of the design;
(D) The aspects of the design that affect safety, such as the
lane width, the quality of lane markers and separators, the shape
and positioning of ramps and curves and the changes in elevation;
and
(E) The ease with which traffic will be able to pass through
the toll collection facilities.
(b) The extent to which small businesses will be involved in
the { - tollway - } { + turnpike + } project. The
{ - department - } { + authority + } shall encourage
participation by small businesses to the maximum extent the
{ - department - } { + authority + } determines is
practicable. As used in this paragraph, 'small business' means an
independent business with fewer than 20 employees and with
average annual gross receipts over the last three years not
exceeding $1 million for construction firms and $300,000 for
nonconstruction firms. 'Small business' does not include a
subsidiary or parent company belonging to a group of firms that
are owned and controlled by the same individuals and that have
average aggregate annual gross receipts in excess of $1 million
for construction firms or $300,000 for nonconstruction firms over
the last three years.
(c) The financial stability of the proposer and the ability of
the proposer to provide funding for the { - tollway - } { +
turnpike + } project and surety for its performance and financial
obligations with respect to the { - tollway - } { +
turnpike + } project.
(d) The experience of the proposer and its subcontractors in
building and operating projects such as the { - tollway - }
{ + turnpike + } project.
(e) The terms of the financial arrangement proposed or accepted
by the proposer with respect to franchise fees, license fees,
lease payments or operating expenses and the proposer's required
rate of return from its operation or maintenance of the
{ - tollway - } { + turnpike + }.
(3)(a) The { - department - } { + authority + } may adopt
rules and procedures for the award of franchises, licenses,
leases or other concessions for rest areas without regard to any
other laws concerning the procurement of goods or services for
projects of the state. All such franchises, licenses, leases or
other concessions shall require the franchisee, licensee, lessee
or concessionaire, as applicable, to maintain the subject
premises in accordance with all applicable state and federal
health and safety standards, to maintain one or more policies of
casualty and property insurance and adequate workers'
compensation insurance, and to pay and discharge all taxes,
utilities, fees and other charges or claims that are levied,
assessed or charged against the premises or concession or that
may become a lien upon the premises. The rules shall encourage
participation by small businesses to the maximum extent the
{ - department - } { + authority + } determines is
practicable. The { - department - } { + authority + } may
grant any small business a 10 percent or greater bid advantage in
any bidding process for a concession.
(b) As used in this subsection, 'small business' means an
independent business with fewer than 20 employees and with
average annual gross receipts over the last three years not
exceeding $300,000. 'Small business' does not include a
subsidiary or parent company belonging to a group of firms that
are owned and controlled by the same individuals and that have
average aggregate annual gross receipts in excess of $300,000
over the last three years. 'Small business' also does not include
a franchise of any business that has average aggregate annual
gross receipts in excess of $300,000 over the last three years.
(4) Notwithstanding any other provision of this section, the
{ - department - } { + authority + } may use any method for
the award of any contract, franchise, license or agreement that
is necessary to comply with the requirements of any grant or
other funding source.
(5) If public funds are involved in the project, construction
of a { - tollway - } { + turnpike + } project shall be
subject to the prevailing wage requirements of ORS 279.348 to
279.380.
(6) For purposes of complying with applicable state and local
land use laws, including statewide planning goals, comprehensive
plans, land use regulations, ORS chapters 195, 196, 197, 198,
199, 215, 221, 222 and 227, and any requirement imposed by the
Land Conservation and Development Commission, a { - tollway - }
{ + turnpike + } project shall be treated as a project of the
{ - department - } { + authority + } and not as a project of
any other person or entity.
(7) { - Tollways - } { + Turnpikes + }, and any related
facilities that would normally be purchased, constructed or
installed by the Department { + of Transportation + } if the
{ - tollway - } { + turnpike + } were a conventional highway
that was constructed and operated by the Department { + of
Transportation + }, shall be exempt from ad valorem property
taxation.
(8) { - Tollways - } { + Turnpikes + } are considered state
highways for purposes of law enforcement and application of the
Oregon Vehicle Code.
SECTION 11. ORS 383.019 is amended to read:
383.019. (1) Every agreement between the { - Department of
Transportation - } { + Oregon Turnpike Authority + } and a
private entity pursuant to which the private entity owns or
operates a { - tollway - } { + turnpike + } and is entitled to
collect the revenues therefrom shall require that the
{ - tollway - } { + turnpike + } be maintained in a safe
condition and be returned to the state in a safe and serviceable
condition without need of any repair or reconstruction.
(2) Every agreement between the { - department - } { +
authority + } and a private entity pursuant to which the private
entity owns or operates a { - tollway - } { + turnpike + }
and is entitled to collect the revenues therefrom shall provide
for the establishment and funding of a maintenance, repair and
reconstruction trust fund that is designed to ensure that
adequate funds will be available to maintain and repair the
{ - tollway - } { + turnpike + }, so that the
{ - tollway - } { + turnpike + } will be surrendered to the
{ - department - } { + authority + } in good condition without
need of repair or reconstruction.
SECTION 12. ORS 383.021 is amended to read:
383.021. Any agreement between the { - Department of
Transportation - } { + Oregon Turnpike Authority + } and the
operator of a
{ - tollway - } { + turnpike + } shall limit the amount of
the toll that may be collected by the operator from a user of the
{ - tollway - } { + turnpike + }. The limit shall provide
that the operator may collect tolls sufficient to pay all costs
of operation and maintenance of the
{ - tollway - } { + turnpike + }, to pay all debt service on
obligations incurred to finance the { - tollway - } { +
turnpike + }, to satisfy rate covenants, to fund reserves for
operation, debt service, repair, maintenance and capital
replacement, to pay other costs related to the { - tollway - }
{ + turnpike + }, and to provide the operator a reasonable rate
of return on investment in the { - tollway - } { +
turnpike + }. The agreement may permit the operator to impose
different toll rates for different types of vehicles or users or
for travel during high use and low use days or hours, and may
provide for reduction or mitigation of tolls for residents of an
area served by a { - tollway - } { + turnpike + } if the
{ - tollway - } { + turnpike + } replaces or becomes the only
route of travel for residents to and from essential facilities.
SECTION 13. ORS 383.023 is amended to read:
383.023. (1) In accordance with the applicable provisions of
ORS 286.010, 286.020 { - , - } { + and + } 286.105 to 286.135
and ORS chapter 288, the State Treasurer, at the request of the
{ - Department of Transportation - } { + Oregon Turnpike
Authority + }, may issue revenue bonds for the purpose of
financing a { - tollway - } { + turnpike + } project,
provided that such bonds shall never constitute a debt or general
obligation of the { - department - } { + authority + } or of
this state or any of its political subdivisions, but shall be
payable solely from the revenues, amounts, funds and accounts
described in ORS 383.009 (3).
(2) The proceeds of revenue bonds issued under this section may
be used by the { - department - } { + authority + } or loaned
to a private entity or a unit of government for the purpose of
financing any portion of the capital costs related to the
construction of a
{ - tollway - } { + turnpike + } project, including costs of
the acquisition of interests in land upon which the
{ - tollway - } { + turnpike + } project will be constructed,
to provide a financial reserve required under any federal funding
agreement and for the payment of the costs of issuing the bonds
and funding bond reserves.
(3) The bonds authorized by this section may be issued by the
{ - department - } { + authority + } as taxable bonds or as
tax-exempt bonds under the income tax laws of the United States.
(4) Notwithstanding the status of the bonds for federal income
tax purposes, interest paid to the owners of the bonds shall be
exempt from personal income taxes imposed by this state.
(5) When issuing bonds authorized by this section, the
{ - department - } { + authority + } and the State Treasurer
may make covenants with bondholders regarding the imposition and
regulation of tolls, the making of loans and grants funded from
the State { - Tollway - } { + Turnpike + } Account, the use of
amounts required to be deposited in the State { - Tollway - }
{ + Turnpike + } Account and the issuance of additional bonds.
SECTION 14. 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 15. { + Notwithstanding section 2 of this 2001 Act, of
the members first appointed to the Oregon Turnpike Authority:
(1) Two shall serve for terms of two years;
(2) Two shall serve for terms of three years; and
(3) Two shall serve for terms of four years. + }
SECTION 16. { + ORS 383.007 is repealed. + }
SECTION 17. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Oregon Turnpike
Authority, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $_____, which may be expended for the
purpose of employing staff and establishing an office. + }
----------