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 4242
A-Engrossed
Senate Bill 966
Ordered by the Senate May 16
Including Senate Amendments dated May 16
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.
Requires Oregon Transportation Commission and Department of
Transportation to study feasibility of joint private-public
transportation projects that use innovative financing methods.
Requires commission to appoint advisory committee.
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 40 years after completion. Authorizes
specified entities to issue revenue bonds for tollway projects.
Provides that certain information given to department is not
public record.
{ - Requires department to retain construction lanes on
Interstate 5 between Salem and Albany. - }
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to transportation; creating new provisions; amending ORS
383.005, 383.011, 383.013 and 383.386; repealing ORS 383.007
and 383.021; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Transportation Commission and
the Department of Transportation shall undertake a study
exploring the feasibility of establishing joint private-public
transportation projects that use innovative financing methods.
The study shall include, but need not be limited to, the
following issues:
(a) Appropriate criteria for projects that could be undertaken
with private-public partnerships;
(b) Possible financing methods for projects; and
(c) Legal and other impediments to undertaking such projects or
financing methods.
(2) The study required by this section may include explorations
of the feasibility of joint projects undertaken by any
combination of private entities and state and local government
entities.
(3) The commission shall appoint an Advisory Committee on
Innovative Finance to assist the commission and the department in
conducting the study required by this section. The advisory
committee may also advise the commission and the department on
ways to solicit and encourage private entities to participate in
joint private-public transportation projects.
(4) Sensitive business, commercial or financial information
that is presented to the commission, the department or the
advisory committee by a private entity in connection with
discussions about private-public transportation projects, or
potential financing mechanisms for such projects, is exempt from
disclosure under ORS 192.410 to 192.505.
(5) The department shall report the results of the study
required by this section to the committees of the Seventy-second
Legislative Assembly with primary jurisdiction over
transportation. The report shall include but need not be limited
to:
(a) Identification of legal impediments to undertaking joint
private-public transportation projects with innovative financing
mechanisms; and
(b) Suggestions for statutory changes to remove the
impediments. + }
SECTION 2. 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 3. 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 4. { + Sections 5 and 6 of this 2001 Act are added to
and made a part of ORS 383.003 to 383.023. + }
SECTION 5. { + Sensitive business, commercial or financial
information presented to the Department of Transportation by a
private entity for the purpose of determining the feasibility of
the entity's participation in a tollway project is exempt from
disclosure under ORS 192.410 to 192.505. + }
SECTION 6. { + (1) In accordance with the provisions of ORS
288.805 to 288.945, a municipality, as defined in ORS 288.805,
may issue revenue bonds for the purpose of financing a tollway
project.
(2) A nonprofit corporation organized under Oregon law may
issue revenue bonds for the purpose of financing a tollway
project. + }
SECTION 7. 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 8. 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 9. { + ORS 383.007 and 383.021 are repealed. + }
SECTION 10. { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
----------