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 3418
 
                         House Bill 3024
 
Sponsored by Representative G SMITH
 
 
                             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.
 
  Authorizes issuance of lottery bonds for transportation
projects other than transit projects. Specifies uses of moneys.
  Sunsets January 2, 2008.
  Declares emergency, effective July 1, 2005.
 
                        A BILL FOR AN ACT
Relating to financing for transportation projects; appropriating
  money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in sections 1 to 6 of this 2005
Act, ' transportation project' has the meaning given that term in
ORS 367.010 except that the term does not include transit
projects or transit components of other projects.
  (2) The Lottery Transportation Infrastructure Account is
established within the Oregon Transportation Infrastructure Fund.
Earnings on moneys in the account shall be deposited into the
account. Moneys in the account are continuously appropriated to
the Department of Transportation.
  (3) Notwithstanding ORS 367.015 (4), the department shall use
moneys in the Lottery Transportation Infrastructure Account to
provide grants for transportation projects as provided in
sections 1 to 6 of this 2005 Act. + }
  SECTION 2.  { + (1) Pursuant to ORS 286.560 to 286.580, for the
biennium beginning July 1, 2005, the State Treasurer may issue
lottery bonds to finance grants and loans for transportation
projects selected under section 3 of this 2005 Act.
  (2) The use of lottery bond proceeds is authorized based on the
following findings:
  (a) There is an urgent need to improve and expand publicly
owned and privately owned transportation infrastructure to
support economic development in this state.
  (b) A safe, efficient and reliable transportation network
supports the long-term economic development and livability of
this state. A multimodal network of air, rail, highway and water
transportation moves people and goods efficiently.
  (c) Local governments and private sector businesses often lack
financing and technical capacity to undertake multimodal
transportation projects.
  (d) Public financial assistance can stimulate industrial growth
and commercial enterprise and can promote employment
opportunities in this state.
  (e) Public investment in transportation infrastructure will
create jobs and further economic development in this state.
  (3) The aggregate principal amount of lottery bonds issued
pursuant to this section may not exceed the sum of $___, plus an
additional amount established by the State Treasurer to pay
bond-related costs. Lottery bonds issued pursuant to this section
may be issued only at the request of the Director of
Transportation.
  (4) The net proceeds of the lottery bonds issued pursuant to
this section shall be deposited in the Lottery Transportation
Infrastructure Account established under section 1 of this 2005
Act. + }
  SECTION 3.  { + (1) The Oregon Transportation Commission shall
select transportation projects to be funded with moneys in the
Lottery Transportation Infrastructure Account established under
section 1 of this 2005 Act. In selecting transportation projects,
the commission shall give priority to:
  (a) Transportation projects that facilitate the transfer of
people or freight between or among highway, air, rail and water
modes of transportation; and
  (b) Transportation projects that improve mobility or travel
conditions on two or more modes of transportation simultaneously.
  (2) The commission may not:
  (a) Use more than 25 percent of the total amount of moneys
available to the commission under section 2 of this 2005 Act for
any one transportation project selected under this section;
  (b) Provide funding from the Lottery Transportation
Infrastructure Account established under section 1 of this 2005
Act for more than 80 percent of the total cost of a
transportation project, as estimated at the time of selection of
the project for funding; or
  (c) Provide funding under this section for any transportation
project that is eligible for funding with revenues described in
section 3a, Article IX of the Oregon Constitution.
  (3) The commission shall allocate at least 10 percent of the
moneys in the Lottery Transportation Infrastructure Account
established under section 1 of this 2005 Act to each of the
following kinds of transportation projects:
  (a) Aeronautic and airport projects.
  (b) Marine and port projects.
  (c) Rail projects.
  (4) Within the limits of subsection (2) of this section, once a
transportation project has been selected by the commission,
moneys from the Lottery Transportation Infrastructure Account
established under section 1 of this 2005 Act may be used to pay
preliminary costs, including but not limited to surveys, plans
and studies to determine the feasibility of the project, as well
as costs of the project, including but not limited to project
management costs and construction costs.
  (5) The commission may not provide funding for a transportation
project under this section unless the project has been reviewed
by an entity described in section 4 of this 2005 Act. However:
  (a) The commission is not required to follow the priorities
established by an entity described in section 4 of this 2005 Act;
  (b) The commission may consider a transportation project that
was rejected by an entity described in section 4 of this 2005
Act; and
  (c) The commission may request that the appropriate entity
described in section 4 of this 2005 Act review a proposed
transportation project. + }
  SECTION 4.  { + (1) The Oregon Transportation Commission shall
accept recommendations regarding funding of transportation
projects from the Lottery Transportation Infrastructure Account
established under section 1 of this 2005 Act as follows:
  (a) From the State Aviation Board for aeronautic and airport
transportation projects;
  (b) From the Oregon Economic and Community Development
Commission for marine and port transportation projects; and
  (c) From an advisory committee established by the Department of
Transportation for rail projects.
  (2) The Oregon Transportation Commission shall establish an
advisory committee on rail projects. The committee established
under this subsection may make recommendations to the commission
as provided in this section.
  (3) In developing recommendations under this section, an entity
shall consider the following:
  (a) Whether a proposed transportation project results in an
economic benefit to this state;
  (b) Whether a proposed transportation project requires an
ongoing commitment of resources from this state;
  (c) How much of the projected cost of a proposed transportation
project can be borne by the applicants and sponsors of the
proposed project; and
  (d) If the applicants and sponsors are not able to provide more
than 20 percent of the cost of a proposed transportation project,
whether that inability is due to economic distress in the area
that would be helped by the proposed transportation project.
  (4) Any person or public body may propose a transportation
project for review by an entity described in this section. + }
  SECTION 5.  { + At least 20 percent of the cost of a
transportation project selected by the Oregon Transportation
Commission under section 3 of this 2005 Act must come from a
source other than the Lottery Transportation Infrastructure
Account established under section 1 of this 2005 Act. The amount
that does not come from the Lottery Transportation Infrastructure
Account established under section 1 of this 2005 Act may come
from any private or public source and may be in the form of cash
or in-kind contributions. + }
  SECTION 6.  { + (1) The Oregon Transportation Commission shall
transfer moneys for aeronautic and airport transportation
projects selected under section 3 of this 2005 Act to the Oregon
Department of Aviation, which shall administer the projects.
  (2) The commission shall transfer moneys for marine and port
transportation projects selected under section 3 of this 2005 Act
to the Economic and Community Development Department, which shall
administer the projects.
  (3) Except as provided in subsections (1) and (2) of this
section, the Department of Transportation shall administer all
transportation projects that are selected for funding under
section 3 of this 2005 Act. + }
  SECTION 7.  { + Sections 1 to 6 of this 2005 Act are repealed
on January 2, 2008. + }
  SECTION 8.  { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect July 1,
2005. + }
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