73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2234
 
                         House Bill 2908
 
Sponsored by Representative BARNHART; Senator MORRISETTE
 
 
                             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.
 
  Requires Oregon Transportation Commission to consider specified
factors before designating highway as freight route.
 
                        A BILL FOR AN ACT
Relating to highway designations; creating new provisions; and
  amending ORS 366.215.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in ORS 366.215 and this section:
  (a) 'Freight route' means a highway that is designated a
freight route in the Oregon Highway Plan.
  (b) 'Oregon Highway Plan' means the 1999 Oregon Highway Plan
with amendments adopted by the Oregon Transportation Commission.
  (2) Prior to designating a highway a freight route, the Oregon
Transportation Commission shall consider the following factors:
  (a) The impact of a freight route designation on:
  (A) The safety of intersections and driveways on the highway;
  (B) Local businesses and current and potential economic
activity; and
  (C) Current and potential recreational uses of the areas
adjacent to or near the highway;
  (b) Environmental impacts on the areas adjacent to or near the
highway; and
  (c) The proximity of municipal water sources and the impact on
those sources. + }
  SECTION 2. ORS 366.215 is amended to read:
  366.215. (1) The Oregon Transportation Commission may select,
establish, adopt, lay out, locate, alter, relocate, change and
realign primary and secondary state highways.
  (2) Except as provided in subsection (3) of this section, the
commission may not permanently reduce the vehicle-carrying
capacity of   { - an identified - }  { +  a  + }freight route
when altering, relocating, changing or realigning a state highway
unless safety or access considerations require the reduction.
  (3) A local government, as defined in ORS 174.116, may apply to
the commission for an exemption from the prohibition in
subsection (2) of this section. The commission shall grant the
exemption if it finds that the exemption is in the best interest
of the state and that freight movement is not unreasonably
impeded by the exemption.
 
 
  SECTION 3.  { + Section 1 of this 2005 Act applies to freight
route designations adopted by the Oregon Transportation
Commission on or after the effective date of this 2005 Act. + }
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