71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 479
 
LC 2546/SB 479-A8
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 479
 
             By COMMITTEE ON ADVANCING E-GOVERNMENT
 
                             June 21
 
  On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
delete the rest of the line and insert '285B.410, 285B.413,
285B.428 and 759.105.'.
  Delete lines 4 through 25 and delete pages 2 through 5 and
insert:
  '  { +  SECTION 1. + }  { + As used in sections 1 to 4 of this
2001 Act:
  ' (1) 'Local government' means a county, a city or an entity
created by a city.
  ' (2) 'Telecommunication service' means providing to the
public, for a fee:
  ' (a) Cable television access; or
  ' (b) Transmission of voice, video or data information chosen
by the consumer, to recipients chosen by the consumer, without
change in the form or content of the information sent and
received. + }
  '  { +  SECTION 2. + }  { + (1) Before commencing the provision
of a telecommunication service, a local government must prepare a
three-year cost projection that identifies all anticipated direct
and indirect costs of providing the telecommunication service.
The projection must also identify the revenues that the local
government anticipates will be derived from providing the
telecommunication service. The projection must include a
cost-benefit analysis of providing the telecommunication service
over the three-year period. The costs of providing the
telecommunication service must be determined by using generally
accepted governmental accounting principles.
  ' (2) Before commencing the provision of a telecommunication
service, a local government shall conduct at least one public
hearing. A notice of the time, place and date of the hearing
shall be published in a newspaper of general circulation within
the boundaries of the local government once a week for the two
weeks preceding the week in which the hearing is to be held.
  ' (3) A local government must initially receive elector
approval of the method of financing the provision of the
telecommunication service or any capital construction associated
with the provision of the telecommunication service before
commencing the provision of a telecommunication service. + }
  '  { +  SECTION 3. + }  { + (1) All records of a local
government relating to the provision of a telecommunication
service are subject to ORS 192.410 to 192.505.
  ' (2) All meetings of a local government relating to the
provision of a telecommunication service are subject to ORS
192.610 to 192.690. + }
  '  { +  SECTION 4. + }  { + Sections 1 to 4 of this 2001 Act do
not apply to:
  ' (1) Any library that provides a telecommunication service;
  ' (2) Any telecommunication service provided by a local
government to a public body as defined in ORS 192.410; or
 
  ' (3) Any telecommunication service provided by a local
government as part of a 9-1-1 emergency reporting system or other
telecommunications network for police, fire or public safety
purposes. + }
  '  { +  SECTION 5. + } ORS 285B.413 is amended to read:
  ' 285B.413. (1) The Legislative Assembly finds that:
  ' (a) The improvement, expansion and new construction of the
state's sewage treatment works, water supply works,
roads { + , + }   { - and - } public transportation  { + and
telecommunications infrastructure + } provides the basic
framework for continuing and expanding economic activity in this
state, thereby providing jobs and economic opportunity for the
people of Oregon.
  ' (b) It is essential to maintain usable and developable
industrial and commercial lands in Oregon.
  ' (2) Since municipalities in this state often suffer from a
lack of available financing for such projects, it is the purpose
of ORS 285B.410 to 285B.479 to provide financial assistance in
order that they may construct, improve and repair those
facilities that are essential for supporting continuing and
expanded economic activity. It is the intent of the Legislative
Assembly, by providing that assistance, to stimulate industrial
growth and commercial enterprise and to promote employment
opportunities in Oregon.
  ' (3) The money in the Special Public Works Fund shall be used
primarily to provide loans to municipalities for infrastructure
projects. Grants shall be given only when loans are not feasible
due to the economic need of the applicant municipality and
special circumstances of the project. The Director of the
Economic and Community Development Department is authorized to
determine the level of grant or loan funding, if any, on a
case-by-case basis.
  '  { +  SECTION 6. + } 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.
  ' (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 { + ,
telecommunications infrastructure  + }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) 'Telecommunications infrastructure' means real and
personal property, structures or equipment constructed, used or
configured for the electronic transmission or receipt of voice,
data, text, images or video between sites and facilities. + }
  '  { - (7) - }   { + (8) + } '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) - }   { + (9) + } '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) - }   { + (10) + } 'Nonurban infrastructure
projects' includes all those projects   { - which - }
 { + that + } do not meet the definition of urban infrastructure
projects.
  '  { +  SECTION 7. + } ORS 285B.428 is amended to read:
  ' 285B.428. (1) Any municipality may file an application with
the Economic and Community Development Department to obtain
financial assistance from the Special Public Works Fund. The
application shall be filed in such manner and contain or be
accompanied by such information as the department may require.
  ' (2) In addition to other requirements prescribed by the
department, an application filed under this section shall:
  ' (a) Describe the nature and purposes of the proposed
infrastructure project, including the need for the project and
the reasons why the project is in the public interest.
  ' (b) Set forth or be accompanied by a feasibility study of the
proposed infrastructure project and an estimate of the costs of
construction.
  ' (c) State whether any moneys other than those in the Special
Public Works Fund are proposed to be used for the infrastructure
project and whether any other moneys are available or have been
sought for the project.
  '  { +  (d) If the financial assistance is to be used for an
infrastructure project for telecommunications infrastructure,
provide a resolution adopted by the governing body of the local
government after a public hearing that includes findings and
states that the proposed infrastructure project is necessary and
appropriate and would not otherwise be provided within a
reasonable time and for a reasonable cost by a for-profit
entity. + }
  '  { +  SECTION 8. + } ORS 759.105 is amended to read:
  ' 759.105.  { + (1) + } The privilege tax authorized by ORS
221.515, or  { + any + } other similar   { - exactions - }
 { + exaction + } imposed by any municipality in this state upon
telecommunications utilities for use and occupancy of streets,
alleys or highways, or all of them,
  { - shall be allowed as an operating expense of the affected
telecommunications utilities operating in the municipality for
rate-making purposes by the Public Utility Commission - }  { +
may be paid on a quarterly basis + }.
  '  { +  (2) In the sole discretion of a telecommunications
utility, + } the   { - cost of such - }  { +  amount of the + }
privilege tax { + , + } or  { + the amount of any + } other
similar   { - exactions shall - }  { +  exaction, may  + }be
charged pro rata to the   { - users of such telecommunications
utility - }   { + end users of the telecommunications utility + }
within the municipality   { - unless the Public Utility
Commission determines on a statewide basis that such pro rata
charges would be inequitable, in whole or in part, to city
ratepayers or should otherwise be borne as a statewide operating
expense by the telecommunications utility - } . { +  If the
privilege tax, or other similar exaction, is not charged to the
end users, the Public Utility Commission must allow a
telecommunications utility to recover the amount of the tax, or
any other similar exaction, as an operating expense for
rate-making purposes. + }
  '  { +  SECTION 9. + }  { + The amendments to ORS 759.105 (1)
by section 8 of this 2001 Act apply to the privilege tax
authorized by ORS 221.515, or any other similar exaction, imposed
pursuant to an agreement entered into or amended for any purpose
on or after the effective date of this 2001 Act for use and
occupancy of streets, alleys or highways, or all of them. + } ' .
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