73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
House Bill 2113
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Transportation)
CHAPTER ................
AN ACT
Relating to the Department of Transportation; creating new
provisions; amending ORS 184.633, 184.651, 184.656, 184.658,
184.664, 367.622, 802.120 and 824.016; and repealing ORS
184.660, 184.662 and 366.509.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 184.633 is amended to read:
184.633. (1) Subject to policy direction by the Oregon
Transportation Commission, the Director of Transportation shall:
(a) Be the administrative head of the Department of
Transportation;
(b) Have power, within applicable budgetary limitations, and in
accordance with ORS chapter 240, to hire, assign, reassign and
coordinate personnel of the department and prescribe their duties
and fix their compensation, subject to the State Personnel
Relations Law;
(c) Administer the laws of the state concerning transportation;
and
(d) Intervene, as authorized by the commission, pursuant to the
rules of practice and procedure, in the proceedings of state and
federal agencies which may substantially affect the interest of
the consumers and providers of transportation within Oregon.
(2) In addition to duties otherwise required by law, the
director shall prescribe regulations for the government of the
department, the conduct of its employees, the assignment and
performance of its business and the custody, use and preservation
of its records, papers and property in a manner consistent with
applicable law.
(3) The director may delegate to any of the employees of the
department the exercise or discharge in the director's name of
any power, duty or function of whatever character, vested in or
imposed by law upon the director, including powers, duties or
functions delegated to the director by the commission pursuant to
ORS 184.635. The official act of any such person so acting in the
director's name and by the authority of the director shall be
considered to be an official act of the director.
(4) The director shall have authority to require a fidelity
bond of any officer or employee of the department who has charge
of, handles or has access to any state money or property, and who
is not otherwise required by law to give a bond. The amounts of
the bond shall be fixed by the director, except as otherwise
Enrolled House Bill 2113 (HB 2113-B) Page 1
provided by law, and the sureties shall be approved by the
director. The department shall pay the premiums on the bonds.
{ - (5) The director shall prepare and submit to the
commission on or about December 31 of each year an annual report
for the 12 months ending the prior June 30. The annual report
shall set forth all that the department has done during the year.
The report shall contain a statement of the parts of the state
transportation system that were constructed, reconstructed or
improved during the period, together with a statement showing in
a general way the status of the state transportation system and
of programs for educating and licensing drivers. - }
{ - (6)(a) - } { + (5)(a) + } Subject to local government
requirements and the provisions of ORS 197.830 to 197.845, the
director may participate in and seek review of a land use
decision or limited land use decision as defined in ORS 197.015,
or an expedited land division as defined in ORS 197.360. The
director shall report to the commission on each case in which the
department participates and on the positions taken by the
director in each case.
(b) If a meeting of the commission is scheduled prior to the
close of the period for seeking review of a land use decision,
expedited land division or limited land use decision, the
director shall obtain formal approval from the commission prior
to seeking review of the decision. However, if the land use
decision, expedited land division or limited land use decision
becomes final less than 15 days before a meeting of the
commission, the director shall proceed as provided in paragraph
(c) of this subsection. If the director requests approval from
the commission, the applicant and the affected local government
shall be notified in writing that the director is seeking
commission approval. The director, the applicant and the affected
local government shall be given reasonable time to address the
commission regarding the director's request for approval to seek
review. No other testimony shall be taken by the commission.
(c) If a meeting of the commission is not scheduled prior to
the close of the period for seeking review of a land use
decision, expedited land division or limited land use decision,
at the next commission meeting the director shall report to the
commission on each case for which the department has sought
review. The director shall request formal approval to proceed
with each appeal. The applicant and the affected local government
shall be notified of the commission meeting in writing by the
director. The director, the applicant and the affected local
government shall be given reasonable time to address the
commission regarding the director's request for approval to
proceed with the appeal. No other testimony shall be taken by the
commission. If the commission does not formally approve an
appeal, the director shall file a motion with the appropriate
tribunal to dismiss the appeal.
(d) A decision by the commission under this subsection is not
subject to appeal.
(e) For purposes of this subsection, 'applicant' means a person
seeking approval of a permit, as defined in ORS 215.402 or
227.160, expedited land division or limited land use decision.
{ - (7) - } { + (6) + } The director may intervene in an
appeal of a land use decision brought by another person in the
manner provided for an appeal by the director under subsection
{ - (6) - } { + (5) + } of this section.
SECTION 2. ORS 184.651 is amended to read:
Enrolled House Bill 2113 (HB 2113-B) Page 2
184.651. { - (1) - } The Department of Transportation shall
develop, operate and maintain a full cost accounting system that
accurately and separately accounts for all direct, indirect and
administrative costs incurred by each of the following units of
the department:
{ - (a) - } { + (1) + } Oregon Board of Maritime Pilots.
{ - (b) - } { + (2) + } Central services.
{ - (c) - } { + (3) + } Driver and motor vehicle services.
{ - (d) - } { + (4) + } Highways.
{ - (e) - } { + (5) + } Motor carriers.
{ - (f) - } { + (6) + } Rail.
{ - (g) - } { + (7) + } Transit.
{ - (h) - } { + (8) + } Transportation development.
{ - (i) - } { + (9) + } Transportation safety.
{ - (2) In addition to meeting the requirements of subsection
(1) of this section, the cost accounting system shall accurately
account for all direct, indirect and administrative costs
allocated to the department's products and services, whether the
moneys spent are from state or federal sources. For each product
or service, the system shall show separately the amount of
payments made to outside contractors. For each product or service
for which lane miles are a relevant measurement, the system shall
show the cost per lane mile of the product or service. As used in
this subsection, products and services include, but are not
limited to, the following: - }
{ - (a) Bridges, which includes preservation of the bridges,
tunnels and culverts on the state highway system. - }
{ - (b) Emergency relief, which includes repair, as needed,
of damage caused by disasters. - }
{ - (c) Highway planning, which includes establishing
long-range and short-range highway plans and designing and
implementing highway plans with local governments. - }
{ - (d) Highway safety, which includes providing engineering
solutions to accident problems on state and local highways.
Accounting in this category shall also include information about
the safety priority indexing system maintained by the
department. - }
{ - (e) Maintenance, which includes keeping existing highways
safe and usable for the traveling public through such means as
repair, snow and ice removal, vegetation clearance, striping,
signal repair and lighting. - }
{ - (f) Modernization, which includes improvements that add
capacity to highways, including but not limited to new or widened
lanes and new bypasses. - }
{ - (g) Operations, which includes improving the efficiency
of existing highways through such means as traffic signaling
systems, driver communication and ramp metering. - }
{ - (h) Payments to local governments, which includes
payments to cities, counties and metropolitan planning
organizations. - }
{ - (i) Preservation, which includes paving, striping and
reconstruction designed to add useful life to existing
highways. - }
{ - (j) Special programs, which includes but is not limited
to bicycle and pedestrian facility projects, environmental
services and salmon and watershed projects. - }
SECTION 3. ORS 184.656 is amended to read:
184.656. (1) The Governor shall submit to the Legislative
Assembly a proposed biennial program budget for the Department of
Transportation that specifies how existing revenues from all
Enrolled House Bill 2113 (HB 2113-B) Page 3
sources will be spent { + . The program budget shall include
proposed expenditures for each program or item specifically
listed in the budget bills for the department enacted during the
preceding regular session of the Legislative Assembly. + }
{ - in the following categories: - }
{ - (a) Oregon Board of Maritime Pilots. - }
{ - (b) Central services. - }
{ - (c) Driver and motor vehicle services. - }
{ - (d) Highways. - }
{ - (e) Motor carriers. - }
{ - (f) Rail. - }
{ - (g) Transit. - }
{ - (h) Transportation development. - }
{ - (i) Transportation safety. - }
{ - (j) Others, including: - }
{ - (A) Capital construction. - }
{ - (B) Capital improvements. - }
{ - (C) Light rail debt service. - }
{ - (D) Nonlimited. - }
{ - (2) The budget presented for highways shall show
projected expenditures in each of the following categories: - }
{ - (a) Bridges. - }
{ - (b) Emergency relief. - }
{ - (c) Highway planning. - }
{ - (d) Highway safety. - }
{ - (e) Maintenance. - }
{ - (f) Modernization, including but not limited to
expenditures for reduction of accidents in areas that are known
to have a high incidence of accidents. - }
{ - (g) Operations. - }
{ - (h) Payments to local governments. - }
{ - (i) Preservation. - }
{ - (j) Special programs, including but not limited to
bicycle and pedestrian facilities. - }
{ - (3) - } { + (2) + } The budget shall be accompanied by
the Highway Construction Plan described in ORS 184.658.
SECTION 4. ORS 184.658 is amended to read:
184.658. (1) The Highway Construction Plan shall be developed
by the Department of Transportation on a biennial basis to
accompany the Governor's proposed budget for the department. The
plan shall include a list of projects from the STIP that the
department intends to work on in the biennium for which the
budget is submitted. The plan shall also include a list of
projects that the department intends to pursue in the biennium
that are not yet in the STIP because they are in planning stages.
{ - Each project included in the plan shall be shown in one of
the sections listed in subsection (3) of this section. - } { +
The plan shall indicate the current status of each project as
specified in subsection (3) of this section. + }
(2) For the categories of bridges, highway safety,
modernization, operations and preservation, the plan shall
include a description of specific projects to be funded, how much
money will be spent on each and the anticipated year of
completion. For the categories of emergency relief, highway
planning, maintenance, payments to local governments and special
programs, the plan shall include a description of programs to be
funded and projected expenditures.
{ + (3) For each project in the Highway Construction Plan,
the department shall indicate whether:
(a) The project is under construction;
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(b) Funding is committed for construction or implementation of
the project; or
(c) Funding is committed only for the planning of the
project. + }
{ - (3) The department shall divide the plan into four
sections, and each project shall be shown in the appropriate
section. The sections shall be: - }
{ - (a) Projects under construction; - }
{ - (b) Projects for which funding is committed for
construction or implementation, with the expected date on which
the contract will be awarded; - }
{ - (c) Projects being developed for construction for which
funding is committed; and - }
{ - (d) Projects in preliminary or planning phases. - }
{ - (4) Projects shall be included in the plan only after a
public process that includes consultation with cities, counties
and metropolitan planning organizations. - }
{ - (5) Projects included in the plan shall be listed for
each region designated by the department. - }
{ - (6) In accordance with the criteria and procedures
described in this section, the plan shall be written by the
department, approved by the Oregon Transportation Commission and
reviewed by the Governor. - }
{ - (7) Nothing in this section prevents the plan and the
STIP from being the same document, as long as the document meets
the requirements of this section. - }
{ - (8) The Governor shall submit to the Legislative
Assembly, with the plan, a document that provides a means to
evaluate revenue proposals. The document shall show how the
department would recommend spending additional revenue that might
become available to the department, by showing the department's
program priorities and a list of modernization needs. The
document shall be based on increments in revenue equal to a
one-cent increase in the motor vehicle fuel tax and equivalent
increases in the weight-mile and related taxes. This subsection
does not require the Governor or department to propose tax
increases. - }
SECTION 5. ORS 184.664 is amended to read:
184.664. (1) The Department of Transportation shall create a
concise status report for the Legislative Assembly of projects
listed in the Highway Construction Plan and in the previous
status report. The department shall include all of the following
in the status report:
(a) An identification of each project, with enough specificity
to enable readers of the report to know where the project is
located and what the project will accomplish.
(b) An indication of the total amount of moneys the department
anticipates will be spent to complete the project and the amount
spent on the project as of the date of the status report.
(c) An indication that the project is on schedule, or an
explanation if it is not on schedule.
(d) The expected year of completion for the project.
(e) An explanation of any change in priority of a project
within the plan or the STIP since the previous status report was
issued.
(f) An explanation of any amendments to the STIP that have been
made since the { - previous status report - } { + Highway
Construction Plan + } was issued.
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(g) An explanation of any changes to the adopted budget made by
the Emergency Board since the { - previous status report - }
{ + Highway Construction Plan + } was issued.
(2) When a project has been completed or abandoned, that fact
shall be shown in the first status report presented after the
completion or abandonment, but need not appear in status reports
thereafter.
(3) The status report shall be submitted quarterly to the { +
Legislative Assembly in the manner prescribed by ORS 192.245. + }
{ - Speaker of the House of Representatives and to the
President of the Senate. The Speaker and the President shall
forward the reports for review to the committees or task forces
the Speaker and the President deem appropriate. - }
{ - (4) When the department submits the report to the Speaker
and the President, the department shall notify each member of the
Legislative Assembly that the report is available. - }
SECTION 6. ORS 802.120 is amended to read:
802.120. (1) Motor vehicle fuel used and purchased for
providing the motive power for snowmobiles shall be considered a
nonhighway use of fuel.
(2) The Director of Transportation shall withhold, from taxes
collected under ORS chapter 319 during June of each year, amounts
the director determines to have been paid as tax under ORS
chapter 319 on fuel used in snowmobiles during the preceding
12-month period ending June 30 and that were not refunded.
(3) Moneys withheld by the director under this section are
subject to disposition as provided in ORS 802.110.
(4) The director shall { - do all of the following: - }
{ - (a) - } establish a reasonable manner to determine the
amount of money to be withheld under this section from the tax on
motor vehicle fuels under ORS chapter 319.
{ - (b) Determine the amount or proportion of moneys to be
withheld under this section at least once each four years. - }
{ - (c) Report the manner used to determine the amount of
money withheld under this section to the Legislative Assembly at
the end of each four-year period. - }
SECTION 7. ORS 824.016 is amended to read:
824.016. (1) The State Rail Rehabilitation Fund is established
as an account in the General Fund of the State Treasury. All
moneys in the account are appropriated continuously to the
Department of Transportation for expenditures for any or all of
the following:
(a) Acquisition of a railroad line.
(b) Rehabilitation or improvement of rail properties.
(c) Planning for rail services.
(d) Any other methods of reducing the costs of lost rail
service in this state.
(2) The program developed by the Department of Transportation
under this section to provide funds for rail projects shall
include:
(a) Development of a formula for determining a minimum cost to
benefit ratio necessary for project funding;
(b) Supervision and monitoring of railroad acquisitions and the
awarding of rehabilitation contracts;
(c) Continuing inspection of all railroad rehabilitation
projects; and
(d) Auditing financial records of all railroad acquisition and
rehabilitation projects.
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(3) The Department of Transportation shall provide funds for
railroad projects under this section only with the approval of
the Oregon Transportation Commission.
{ - (4) The Department of Transportation shall prepare an
annual report relating to its activities under this section.
Copies of each report shall be submitted to the Legislative
Assembly. - }
SECTION 8. ORS 367.622 is amended to read:
367.622. (1) As used in this section:
(a) 'Highway' has the meaning given that term in ORS 801.305.
(b) 'Modernization' { - has the meaning given that term in
ORS 184.651 - } { + means improvements that add capacity to
highways, including but not limited to new or widened lanes and
new bypasses + }.
(c) 'Preservation' { - has the meaning given that term in ORS
184.651 - } { + means paving, striping, reconstruction and
other activities designed to add useful life to existing
highways + }.
(2) Bonds described in ORS 367.620 (2) shall be used to finance
preservation and modernization projects chosen by the Oregon
Transportation Commission. The commission shall select projects
from among the following:
(a) Highways that need increased lane capacity.
(b) Highways and bridges that have weight limitations.
(c) State and local bridges.
(d) Interchanges on multilane highways.
(e) District highways in cities and counties that require
preservation. The Department of Transportation shall adopt rules
defining 'district highway' for purposes of this paragraph.
(3) In choosing projects under subsection (2) of this section,
the commission shall use the following criteria, in addition to
any criteria developed under ORS 367.623:
(a) Lane capacity projects shall be chosen from a financially
constrained list.
(b) Bridge projects shall be chosen on the basis of a bridge
inventory or rating system recognized by the commission.
(c) Priority for interchange projects shall be given to
projects on multilane highways where safety can be enhanced by
constructing a grade-separated interchange to replace an at-grade
crossing.
(d) Priority for district highway preservation projects shall
be given to those projects that may facilitate transfer of
jurisdiction over the highway from the state to a local
government.
(e) Projects selected for financing under this section shall be
equitably distributed throughout the state, using the criteria
for distribution of projects that are used for the Statewide
Transportation Improvement Program.
SECTION 9. { + The Department of Transportation shall appear
before the Joint Legislative Audit Committee established by ORS
171.580 at least once each biennium to report on internal audits
and federal audits of the department. + }
SECTION 10. { + ORS 184.660, 184.662 and 366.509 are
repealed. + }
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Enrolled House Bill 2113 (HB 2113-B) Page 7
Passed by House May 17, 2005
Repassed by House July 10, 2005
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 6, 2005
...........................................................
President of Senate
Enrolled House Bill 2113 (HB 2113-B) Page 8
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled House Bill 2113 (HB 2113-B) Page 9