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 3562
 
                         Senate Bill 816
 
Sponsored by Senator CLARNO
 
 
                             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.
 
  Removes requirement for specific legislative approval of
tollway project. Removes restrictions on amount that may be
charged for toll. Removes requirement for bicycle paths and rest
areas on tollways. Removes provision vesting title to tollway
project in Department of Transportation 40 years after
completion.
 
                        A BILL FOR AN ACT
Relating to toll roads; amending ORS 383.005, 383.011, 383.013
  and 383.386; and repealing ORS 383.007 and 383.021.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 project may be held by the
department, the private entity that constructs or operates the
tollway or by a unit of government or by the state. Title to
related facilities may be held by the department 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) - }  { +  (1) + } Every contract, agreement or other
arrangement between the Department { +  of Transportation + } and
any private entity pursuant to which a private entity owns,
leases or operates a tollway shall provide that, if an event
occurs that seriously jeopardizes or impairs the continued
availability and operation of the tollway, the department shall
be entitled to enter into and take possession of the tollway and
to exercise all of the rights attendant to such possession,
including the right to receive all tolls and other revenues of
the tollway, subject to any obligations incurred for the tollway,
and the right to operate, maintain, repair and reconstruct the
tollway.
    { - (3) - }  { +  (2) + } The department may exercise the
power of eminent domain to acquire property for tollway projects,
regardless of whether the property will be owned in fee simple by
the department.
  SECTION 2. ORS 383.013 is amended to read:
  383.013. (1) The design of each tollway shall at least meet the
minimum design standards generally applicable, at the time the
Department of Transportation authorizes the tollway, to the state
and other units of government authorized to build and own roads,
highways, bridges, tunnels, railways and related facilities.
    { - (2) Every tollway design shall include a bicycle path,
subject to the following conditions and exceptions: - }
    { - (a) The design of each tollway 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 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 that is longer than 40 miles shall
provide tollway 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. The land on which such concessions are located shall be
acquired with the acquisition of land for the tollway, or in
connection with the conversion of an existing road to a tollway.
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 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 and the owner or operator of
the tollway or rest area that the department deems desirable. - }
 
    { - (4) - }  { +  (2) + } In considering the design of a
tollway, the department 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.
The department shall consider the present and future needs of
local transit authorities and whether the proposed tollway
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) - }  { +  (3) + } In considering the design of a
tollway, the department 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 design. The department 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 property may be owned or
leased and shall be managed by any entity chosen by the
department for such purpose, including the entity that operates
or maintains the tollway. The allocation of revenues derived from
the ownership or operation of any park or campsite shall be in
accordance with any arrangement the department deems desirable.
  SECTION 3. 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 projects, the Department of Transportation 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 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 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 project;
  (d) Financing agreements for a tollway project pursuant to
which the department 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 project is to be built.
  (2) The department may operate tollway projects and impose and
collect tolls on any tollway project the department operates.
Any private entity or unit of government that operates a tollway
project pursuant to an agreement with the department may impose
and collect tolls on the tollway project  { - , subject to the
limits established by the department pursuant to ORS 383.021 - }
.
  SECTION 4. 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 5.  { + ORS 383.007 and 383.021 are repealed. + }
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