73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
Senate Bill 71
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for Department of Transportation)
CHAPTER ................
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.
(2) The Multimodal Transportation Fund is established separate
and distinct from the General Fund. Earnings on moneys in the
Multimodal Transportation Fund shall be deposited into the fund.
Moneys in the Multimodal Transportation Fund are continuously
appropriated to the Department of Transportation for the purposes
described in subsection (3) of this section and in section 6 of
this 2005 Act.
(3) The department shall use moneys in the Multimodal
Transportation Fund to provide grants and loans for
transportation projects as provided in sections 1 to 6 of this
2005 Act. Grants and loans may be provided only for projects that
involve one or more of the following modes of transportation:
(a) Air;
(b) Marine;
(c) Rail; and
(d) Public transit.
(4) All moneys received by the department as interest on loans
made under this section and as repayment of principal of loans
made under this section shall be deposited into the Multimodal
Transportation Fund. + }
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 4 of this 2005 Act.
(2) The use of lottery bond proceeds pursuant to this section
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
Enrolled Senate Bill 71 (SB 71-C) Page 1
this state. A multimodal network of air, rail, public transit,
highway and marine transportation moves people and goods
efficiently.
(c) Local governments and private sector businesses often lack
capital and the technical capacity to undertake multimodal
transportation projects.
(d) Public financial assistance can stimulate industrial growth
and commercial enterprise and 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 $100 million
plus an additional amount established by the State Treasurer to
pay bond-related costs. The State Treasurer may issue lottery
bonds pursuant to this section 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 Multimodal Transportation
Fund established by section 1 of this 2005 Act. + }
SECTION 3. { + (1) Except as provided in subsection (2) of
this section, the Department of Transportation may provide, from
moneys in the Multimodal Transportation Fund established by
section 1 of this 2005 Act:
(a) Grants for transportation projects to public bodies, as
defined in ORS 174.109, and to private entities; and
(b) Loans for transportation projects to public bodies, as
defined in ORS 174.109, and to private entities.
(2) Grants and loans may not be made from the Multimodal
Transportation Fund for transportation projects that could
constitutionally be funded by revenues described in section 3a,
Article IX of the Oregon Constitution.
(3) The Department of Transportation shall adopt rules:
(a) Specifying the process by which a public body or private
entity may apply for a loan under this section and prescribing
the terms and conditions of loans, including but not necessarily
limited to interest rates and repayment schedules; and
(b) Specifying the process by which a public body or private
entity may apply for a grant under this section and prescribing
the terms and conditions of grants, including but not necessarily
limited to a requirement that the public body or private entity
receiving the grant provide at least 20 percent of the moneys
required for the transportation project. + }
SECTION 4. { + (1) The Oregon Transportation Commission shall
select transportation projects to be funded with moneys in the
Multimodal Transportation Fund established by section 1 of this
2005 Act.
(2)(a) Prior to selecting aeronautic and airport transportation
projects, the commission shall solicit recommendations from the
State Aviation Board.
(b) Prior to selecting freight transportation projects, the
commission shall solicit recommendations from the Freight
Advisory Committee.
(c) Prior to selecting public transit and rail projects, the
commission shall solicit recommendations from its public transit
and rail advisory committees.
(3) In selecting transportation projects the commission shall
consider:
(a) Whether a proposed transportation project reduces
transportation costs for Oregon businesses;
Enrolled Senate Bill 71 (SB 71-C) Page 2
(b) Whether a proposed transportation project benefits or
connects two or more modes of transportation;
(c) Whether a proposed transportation project is a critical
link in a statewide or regional transportation system that will
measurably improve utilization and efficiency of the system;
(d) How much of the cost of a proposed transportation project
can be borne by the applicant for the grant or loan;
(e) Whether a proposed transportation project creates
construction and permanent jobs in this state; and
(f) Whether a proposed transportation project is ready for
construction. + }
SECTION 5. { + The Oregon Transportation Commission shall
allocate at least 15 percent of the net proceeds of the lottery
bonds authorized by section 2 of this 2005 Act to each region
described in this section. For purposes of this section, the
regions are as follows:
(1) Region one consists of Clackamas, Columbia, Hood River,
Multnomah and Washington Counties.
(2) Region two consists of Benton, Clatsop, Lane, Lincoln,
Linn, Marion, Polk, Tillamook and Yamhill Counties.
(3) Region three consists of Coos, Curry, Douglas, Jackson and
Josephine Counties.
(4) Region four consists of Crook, Deschutes, Gilliam,
Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties.
(5) Region five consists of Baker, Grant, Harney, Malheur,
Morrow, Umatilla, Union and Wallowa Counties. + }
SECTION 6. { + (1) The Oregon Transportation Commission shall
transfer moneys for aeronautic and airport transportation
projects selected under section 4 of this 2005 Act from the
Multimodal Transportation Fund to the Oregon Department of
Aviation, which shall administer the projects. The amount
transferred shall include moneys to pay administrative costs
incurred by the Oregon Department of Aviation in carrying out the
provisions of sections 1 to 6 of this 2005 Act.
(2) Except as provided in subsection (1) of this section, the
Department of Transportation shall administer all transportation
projects that are selected under section 4 of this 2005 Act. The
department may use moneys from the Multimodal Transportation Fund
to pay administrative costs incurred by the department in
carrying out the provisions of sections 1 to 6 of this 2005
Act. + }
SECTION 7. { + The Port of Portland may not expend any moneys
to finance transportation projects that consist of capital
improvements on the property in Troutdale, Oregon, formerly known
as the Reynolds Aluminum property, if the capital improvements
are intended to allow use of the facility as an intermodal
transportation facility primarily focused on rail transportation.
This section does not prohibit financing construction of
individual rail spurs or individual rail tracks to serve
individual buildings on the property. + }
SECTION 8. { + Section 7 of this 2005 Act is repealed on
January 1, 2012. + }
SECTION 9. { + 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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Enrolled Senate Bill 71 (SB 71-C) Page 3
Passed by Senate June 22, 2005
Repassed by Senate August 3, 2005
...........................................................
Secretary of Senate
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President of Senate
Passed by House August 2, 2005
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Speaker of House
Enrolled Senate Bill 71 (SB 71-C) Page 4
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
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Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled Senate Bill 71 (SB 71-C) Page 5