Chapter 531
AN ACT
SB 1022
Relating to tolls; creating new provisions; amending ORS 267.200,
291.055, 367.806, 383.003, 383.009, 383.015 and 391.610; and repealing ORS
381.025, 381.030, 381.035, 381.040, 381.045, 381.065, 381.070, 381.086,
381.088, 381.090, 381.092, 381.094, 381.110, 381.805, 381.810, 381.815,
381.820, 382.105, 382.110, 382.115, 382.120, 382.125, 383.310, 383.315,
383.320, 383.330, 383.340, 383.350, 383.360, 383.370, 383.380, 383.385 and
383.386.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 and 4 to 11 of this 2007 Act are
added to and made a part of ORS 383.003 to 383.027.
SECTION 2. (1) Except as provided in subsection (2) of
this section, a toll may not be established unless the
(a) The amount and
classification of the traffic using, or anticipated to use, the tollway;
(b) The amount of the
toll proposed to be established for each class or category of tollway user and,
if applicable, the different amounts of the toll depending on time and day of
use;
(c) The extent of the
tollway, including improvements necessary for tollway operation and
improvements necessary to support the flow of traffic onto or off of the
tollway;
(d) The location of toll
plazas or toll collection devices to collect the toll for the tollway;
(e) The cost of
constructing, reconstructing, improving, installing, maintaining, repairing and
operating the tollway;
(f) The amount of
indebtedness incurred for the construction of the tollway and debt service
requirements, if any;
(g) The value of assets,
equipment and services required for the operation of the tollway;
(h) The period of time
during which the toll will be in effect;
(i) The process for
altering the amount of the toll during the period of operation of the tollway;
(j) The method of
collecting the toll; and
(k) The rate of return
that would be fair and reasonable for a private equity holder, if any, in the
tollway.
(2) Nothing in ORS
383.003 to 383.027 prohibits a city or county from establishing a toll on any
highway, as defined in ORS 801.305, that the city or county has jurisdiction
over as a road authority pursuant to ORS 810.010.
SECTION 3. ORS 383.003 is amended to read:
383.003. As used in ORS
383.003 to 383.027:
(1) “Department” means
the Department of Transportation.
(2) “Electronic toll
collection system” means a system that records use of a tollway by electronic
transmissions to or from the vehicle using the tollway and that collects tolls,
or that is capable of charging an account established by a person for use of
the tollway.
(3) “Photo enforcement
system” means a system of sensors installed to work in conjunction with an
electronic toll collection system and other traffic control devices and that
automatically produces videotape or one or more photographs, microphotographs
or other recorded images of a vehicle in connection with the collection or
enforcement of tolls.
[(2)] (4) “Private entity” means any nongovernmental entity,
including a corporation, partnership, company or other legal entity, or any
natural person.
[(3)] (5) “Related facility” means any real or personal
property that:
(a) Will be used to
operate, maintain, renovate or facilitate the use of the tollway;
(b) Will provide goods
or services to the users of the tollway; or
(c) Can be developed
efficiently when tollways are developed and will generate revenue that may be
used to reduce tolls or will be deposited in the State Tollway Account.
[(4)] (6) “Toll” means any fee or charge for the use of a
tollway.
(7) “Toll booth
collections” means the manual or mechanical collection of cash or charging of
an account at a toll plaza, toll booth or similar fixed toll collection
facility.
[(5)] (8) “Tollway” means any roadway, path, highway, bridge,
tunnel, railroad track, bicycle path or other paved surface or structure
specifically designed as a land vehicle transportation route, the construction,
operation or maintenance of which is wholly or partially funded with toll
revenues resulting from an agreement under ORS 383.005.
(9) “Tollway operator”
means the unit of government or the private entity that is responsible for the
construction, reconstruction, installation, improvement, maintenance, repair
and operation of a tollway or a related facility.
[(6)] (10) “Tollway project” means any capital project
involving the acquisition of land for, or the construction, reconstruction,
improvement, installation, development or equipping of, a tollway, related
facilities or any portion thereof.
[(7)] (11) “Unit of government” means any department or
agency of the federal government, any state, or any agency, office or
department thereof, and any city, county, district, port or other public
corporation organized and existing under statutory law or under a voter-approved
charter.
SECTION 4. (1) A person who fails to pay a toll,
established pursuant to section 2 of this 2007 Act, shall pay to the Department
of Transportation the amount of the toll, a civil penalty of not more than $25
and an administrative fee established by the tollway operator not to exceed the
actual cost of collecting the unpaid toll.
(2) In addition to any
other penalty, the Department of Transportation shall refuse to renew the motor
vehicle registration of the motor vehicle owned by a person who has not paid
the toll, the civil penalty and any administrative fee charged under this
section.
(3) This section does
not apply to:
(a) A person operating a
vehicle owned by a unit of government or the tollway operator;
(b) A person who is a
member of a category of persons exempted by the
(c) A person who is a
member of a category of persons made eligible by the commission for paying a
reduced toll, to the extent of the reduction.
NOTE:
Section 5 was deleted by amendment. Subsequent sections were not renumbered.
SECTION 6. A tollway operator may operate toll booth
collections, an electronic toll collection system, a photo enforcement system
or any combination of toll booth collections, an electronic toll collection
system and a photo enforcement system.
SECTION 7. The Department of Transportation may provide
to a tollway operator the information needed by the operator for toll booth
collections or for the operation of an electronic toll collection system or a
photo enforcement system.
SECTION 8. The
SECTION 9. The
SECTION 10. (1) Except as provided in subsection (2) of
this section, a recorded image of a vehicle and the registration plate of the
vehicle produced by a photo enforcement system at the time the driver of the
vehicle did not pay a toll shall be prima facie evidence that the registered
owner of the vehicle is the driver of the vehicle.
(2) If the registered
owner of a vehicle is a person in the vehicle rental or leasing business, the
registered owner may elect to identify the person who was operating the vehicle
at the time the toll was not paid or to pay the toll, civil penalty and
administrative fee.
(3) A registered owner
of a vehicle who pays the toll, civil penalty and administrative fee is entitled
to recover the same from the driver, renter or lessee of the vehicle.
SECTION 11. (1) Except as provided in subsections (2)
and (3) of this section, records and information used to collect and enforce
tolls are exempt from disclosure under public records law and are to be used
solely for toll collection and traffic management by the Department of
Transportation.
(2) Information
collected or maintained by an electronic toll collection system may not be
disclosed to anyone except:
(a) The owner of an
account that is charged for the use of a tollway;
(b) A financial
institution, as necessary to collect tolls owed;
(c) Employees of the
department;
(d) The tollway operator
and authorized employees of the operator;
(e) A law enforcement
officer who is acting in the officer’s official capacity in connection with
toll enforcement; and
(f) An administrative
law judge or court in an action or proceeding in relation to unpaid tolls or
administrative fees or civil penalties related to unpaid tolls.
(3) Information
collected or maintained by a photo enforcement system may not be disclosed to
anyone except:
(a) The registered owner
or apparent driver of the vehicle;
(b) Employees of the
department;
(c) The tollway operator
and authorized employees of the operator;
(d) A law enforcement
officer who is acting in the officer’s official capacity in connection with
toll enforcement; and
(e) An administrative
law judge or court in an action or proceeding in relation to unpaid tolls or
administrative fees or civil penalties related to unpaid tolls.
SECTION 12. ORS 383.009 is amended to read:
383.009. (1) There is hereby established the State Tollway Account as a
separate account within the State Highway Fund. The State Tollway Account shall
consist of:
(a) All moneys and
revenues received by the Department of Transportation from or made available by
the federal government to the department for any tollway project or for the
operation or maintenance of any tollway;
(b) Any moneys received
by the department from any other unit of government or any private entity for a
tollway project or from the operation or maintenance of any tollway;
(c) All moneys and
revenues received by the department from any loan made by the department for a
tollway project pursuant to ORS 383.005, and from any lease, agreement,
franchise or license for the right to the possession and use, operation or
management of a tollway project;
(d) All tolls and other
revenues received by the department from the users of any tollway project;
(e) The proceeds of any
bonds authorized to be issued under ORS 383.023 for tollway projects;
(f) Any moneys that the
department has legally transferred from the State Highway Fund to the State
Tollway Account for tollway projects;
(g) All moneys and revenues
received by the department from all other sources that by donation, grant,
contract or law are allocated or dedicated for tollway projects; [and]
(h) All interest
earnings on investments made from any of the moneys held in the State Tollway Account[.]; and
(i) All civil penalties
and administrative fees paid to the department from the enforcement of tolls.
(2) Moneys in the State
Tollway Account may be used by the department for the following purposes:
(a) To finance
preliminary studies and reports for any tollway project;
(b) To acquire land to
be owned by the state for tollways and any related facilities therefor;
(c) To finance the
construction, renovation, operation, improvement, maintenance or repair of any
tollway project;
(d) To make grants or
loans to a unit of government for tollway projects;
(e) To make loans to
private entities for tollway projects;
(f) To pay the
principal, interest and premium due with respect to, and to pay the costs
connected with the issuance or ongoing administration of any bonds or other
financial obligations authorized to be issued by, or the proceeds of which are
received by, the department for any tollway project;
(g) To provide a
guaranty or other security for any bonds or other financial obligations, including
but not limited to financial obligations with respect to any bond insurance,
surety or credit enhancement device issued or incurred by the department, a
unit of government or a private entity, for the purpose of financing a single
tollway project or any related group or system of tollways or related
facilities; and
(h) To pay the costs
incurred by the department in connection with its oversight, operation and
administration of the State Tollway Account, the proposals and projects
submitted under ORS 383.015 and the tollway projects financed under ORS
383.005.
(3) For purposes of
securing bonds authorized by ORS 383.023 or providing a guaranty, surety or
other security authorized by subsection (2)(g) of this section, the department
may:
(a) Irrevocably pledge
all or any portion of the amounts that are credited to, or are required to be
credited to, the State Tollway Account;
(b) Establish
subaccounts in the State Tollway Account, and make covenants regarding the
credit to and use of amounts in those accounts and subaccounts; and
(c) Establish separate
trust funds or accounts and make covenants to transfer to those separate trust
funds or accounts all or any portion of the amounts that are required to be
deposited in the State Tollway Account.
(4) Notwithstanding any
other provision of ORS 383.001 to 383.027 [and
383.315], the department shall not pledge any funds or amounts at any time
held in the State Tollway Account as security for the obligations of a private
entity unless the department has entered into a binding and enforceable
agreement that provides the department reasonable assurance that the department
will be repaid, with appropriate interest, any amounts that the department is
required to advance pursuant to that pledge.
(5) Moneys in the State
Tollway Account are continuously appropriated to the department for purposes
authorized by this section.
SECTION 13. ORS 367.806 is amended to read:
367.806. (1) As part of the program established under ORS 367.804, the
Department of Transportation may:
(a) Enter into any
agreement or any configuration of agreements relating to transportation
projects with any private entity or unit of government or any configuration of
private entities and units of government. The subject of agreements entered into
under this section may include, but need not be limited to, planning,
acquisition, financing, development, design, construction, reconstruction,
replacement, improvement, maintenance, management, repair, leasing and
operation of transportation projects.
(b) Include in any
agreement entered into under this section any financing mechanisms, including
but not limited to the imposition and collection of franchise fees or user fees
and the development or use of other revenue sources.
(2) The agreements among
the public and private sector partners entered into under this section must
specify at least the following:
(a) At what point in the
transportation project public and private sector partners will enter the
project and which partners will assume responsibility for specific project
elements;
(b) How the partners
will share management of the risks of the project;
(c) How the partners
will share the costs of development of the project;
(d) How the partners
will allocate financial responsibility for cost overruns;
(e) The penalties for
nonperformance;
(f) The incentives for
performance;
(g) The accounting and
auditing standards to be used to evaluate work on the project; and
(h) Whether the project
is consistent with the plan developed by the Oregon Transportation Commission
under ORS 184.618 and any applicable regional transportation plans or local
transportation system programs and, if not consistent, how and when the project
will become consistent with applicable plans and programs.
(3) The department may,
either separately or in combination with any other unit of government, enter
into working agreements, coordination agreements or similar implementation
agreements to carry out the joint implementation of any transportation project
selected under ORS 367.804.
(4) Except for ORS
383.015, 383.017 (1), (2), (3) and (5) and 383.019, the provisions of ORS
383.003 to 383.027 [do not] apply to
any tollway project entered into under ORS 367.800 to 367.824.
(5) The provisions of
ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to
concepts or proposals submitted under ORS 367.804, or to agreements entered
into under this section, except that if public moneys are used to pay any costs
of construction of public works that is part of a project, the provisions of
ORS 279C.800 to 279C.870 apply to the public works. In addition, if public
moneys are used to pay any costs of construction of public works that is part
of a project, the construction contract for the public works must contain provisions
that require the payment of workers under the contract in accordance with ORS
279C.540 and 279C.800 to 279C.870.
(6)(a) The department
may not enter into an agreement under this section until the agreement is
reviewed and approved by the Oregon Transportation Commission.
(b) The department may
not enter into, and the commission may not approve, an agreement under this
section for the construction of a public improvement as part of a
transportation project unless the agreement provides for bonding, financial
guarantees, deposits or the posting of other security to secure the payment of
laborers, subcontractors and suppliers who perform work or provide materials as
part of the project.
(c) Before presenting an
agreement to the commission for approval under this subsection, the department
must consider whether to implement procedures to promote competition among
subcontractors for any subcontracts to be let in connection with the
transportation project. As part of its request for approval of the agreement,
the department shall report in writing to the commission its conclusions
regarding the appropriateness of implementing such procedures.
(7)(a) Except as
provided in paragraph (b) of this subsection, documents, communications and
information developed, exchanged or compiled in the course of negotiating an
agreement with a private entity under this section are exempt from disclosure
under ORS 192.410 to 192.505.
(b) The documents,
communications or information described in paragraph (a) of this subsection are
subject to disclosure under ORS 192.410 to 192.505 when the documents,
communications or information are submitted to the commission in connection
with its review and approval of a transportation project under subsection (6)
of this section.
(8) The terms of a final
agreement entered into under this section and the terms of a proposed agreement
presented to the commission for review and approval under subsection (6) of
this section are subject to disclosure under ORS 192.410 to 192.505.
(9) As used in this
section:
(a) “Public improvement”
has the meaning given that term in ORS 279A.010.
(b) “Public works” has
the meaning given that term in ORS 279C.800.
SECTION 14. ORS 291.055 is amended to read:
291.055. (1)
Notwithstanding any other law that grants to a state agency the authority to
establish fees, all new state agency fees or fee increases adopted after July 1
of any odd-numbered year:
(a) Are not effective
for agencies in the executive department of government unless approved in
writing by the Director of the Oregon Department of Administrative Services;
(b) Are not effective
for agencies in the judicial department of government unless approved in
writing by the Chief Justice of the Supreme Court;
(c) Are not effective
for agencies in the legislative department of government unless approved in
writing by the President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by
the state agency to the Oregon Department of Administrative Services within 10
days of their adoption; and
(e) Are rescinded on
July 1 of the next following odd-numbered year, or on adjournment sine die of
the regular session of the Legislative Assembly meeting in that year, whichever
is later, unless otherwise authorized by enabling legislation setting forth the
approved fees.
(2) This section does
not apply to:
(a) Any tuition or fees
charged by the State Board of Higher Education and state institutions of higher
education.
(b) Taxes or other
payments made or collected from employers for unemployment insurance required
by ORS chapter 657 or premium assessments required by ORS 656.612 and 656.614
or contributions and assessments calculated by cents per hour for workers’
compensation coverage required by ORS 656.506.
(c) Fees or payments
required for:
(A) Health care services
provided by the Oregon Health and Science University, by the Oregon Veterans’
Homes and by other state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and
premiums paid to the Oregon Medical Insurance Pool established by ORS 735.614
and 735.625.
(C) Copayments and
premiums paid to the
(D) Assessments paid to
the Office of Private Health Partnerships under section 12, chapter 727, Oregon
Laws 2005.
(d) Fees created or
authorized by statute that have no established rate or amount but are
calculated for each separate instance for each fee payer and the fee assessed
is based on actual cost of services provided.
(e) State agency charges
on employees for benefits and services.
(f) Any
intergovernmental charges.
(g) Forest protection
district assessment rates established by ORS 477.210 to 477.265 and the Oregon
Forest Land Protection Fund fees established by ORS 477.760.
(h) State Department of
Energy assessments required by ORS 469.421 (8) and 469.681.
(i) Any charges
established by the State Parks and Recreation Director in accordance with ORS
565.080 (3).
(j) Assessments on
premiums charged by the Insurance Division of the Department of Consumer and
Business Services pursuant to ORS 731.804 or fees charged by the Division of
Finance and Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS 706.530 and
723.114.
(k) Public Utility Commission
operating assessments required by ORS 756.310 or charges paid to the
Residential Service Protection Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the
Housing and Community Services Department for intellectual property pursuant to
ORS 456.562.
(m) Tolls approved by
the
(3)(a) Fees temporarily
decreased for competitive or promotional reasons or because of unexpected and
temporary revenue surpluses may be restored to their normal level if, at the
time the fee is decreased, the state agency specifies the following:
(A) The reason for the
fee decrease; and
(B) The conditions under
which the fee will be restored to its normal level.
(b) Fees that are decreased
for reasons other than those described in paragraph (a) of this subsection may
not be subsequently increased except as allowed by ORS 291.050 to 291.060 and
294.160.
SECTION 15. ORS 291.055, as amended by section 15, chapter
727, Oregon Laws 2005, and section 24e, chapter 744, Oregon Laws 2005, is
amended to read:
291.055. (1)
Notwithstanding any other law that grants to a state agency the authority to
establish fees, all new state agency fees or fee increases adopted after July 1
of any odd-numbered year:
(a) Are not effective
for agencies in the executive department of government unless approved in
writing by the Director of the Oregon Department of Administrative Services;
(b) Are not effective
for agencies in the judicial department of government unless approved in
writing by the Chief Justice of the Supreme Court;
(c) Are not effective
for agencies in the legislative department of government unless approved in
writing by the President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by
the state agency to the Oregon Department of Administrative Services within 10
days of their adoption; and
(e) Are rescinded on
July 1 of the next following odd-numbered year, or on adjournment sine die of
the regular session of the Legislative Assembly meeting in that year, whichever
is later, unless otherwise authorized by enabling legislation setting forth the
approved fees.
(2) This section does
not apply to:
(a) Any tuition or fees
charged by the State Board of Higher Education and state institutions of higher
education.
(b) Taxes or other
payments made or collected from employers for unemployment insurance required
by ORS chapter 657 or premium assessments required by ORS 656.612 and 656.614
or contributions and assessments calculated by cents per hour for workers’
compensation coverage required by ORS 656.506.
(c) Fees or payments
required for:
(A) Health care services
provided by the Oregon Health and Science University, by the Oregon Veterans’
Homes and by other state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and
premiums paid to the Oregon Medical Insurance Pool established by ORS 735.614
and 735.625.
(C) Copayments and
premiums paid to the
(d) Fees created or
authorized by statute that have no established rate or amount but are
calculated for each separate instance for each fee payer and the fee assessed
is based on actual cost of services provided.
(e) State agency charges
on employees for benefits and services.
(f) Any
intergovernmental charges.
(g) Forest protection
district assessment rates established by ORS 477.210 to 477.265 and the Oregon
Forest Land Protection Fund fees established by ORS 477.760.
(h) State Department of
Energy assessments required by ORS 469.421 (8) and 469.681.
(i) Any charges
established by the State Parks and Recreation Director in accordance with ORS
565.080 (3).
(j) Assessments on
premiums charged by the Insurance Division of the Department of Consumer and
Business Services pursuant to ORS 731.804 or fees charged by the Division of
Finance and Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS 706.530 and
723.114.
(k) Public Utility Commission
operating assessments required by ORS 756.310 or charges paid to the
Residential Service Protection Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the
Housing and Community Services Department for intellectual property pursuant to
ORS 456.562.
(m) Tolls approved by
the
(3)(a) Fees temporarily
decreased for competitive or promotional reasons or because of unexpected and
temporary revenue surpluses may be restored to their normal level if, at the
time the fee is decreased, the state agency specifies the following:
(A) The reason for the
fee decrease; and
(B) The conditions under
which the fee will be restored to its normal level.
(b) Fees that are decreased
for reasons other than those described in paragraph (a) of this subsection may
not be subsequently increased except as allowed by ORS 291.050 to 291.060 and
294.160.
SECTION 16. ORS 267.200 is amended to read:
267.200. A mass transit
district shall constitute a municipal corporation of this state, and a public
body, corporate and politic, exercising public power. It shall be considered a
unit of local government for the purposes of ORS 190.003 to 190.130, a public
employer for the purposes of ORS 236.610 to 236.640, and a political
subdivision for the purposes of ORS 305.620. A district and its contractors
engaged in operating motor vehicles to provide mass transportation on behalf of
the district shall be entitled to tax refunds as allowed under ORS 319.831 to
incorporated cities. It shall have full power to carry out the objects of its
formation and to that end may:
(1) Have and use a seal,
have perpetual succession, and sue and be sued in its own name.
(2) Acquire by
condemnation, purchase, lease, devise, gift or voluntary grant real and
personal property or any interest therein, located inside the boundaries of the
district and take, hold, possess and dispose of real and personal property
purchased or leased from, or donated by, the United States, or any state,
territory, county, city or other public body, nonprofit corporation or person
for the purpose of providing or operating a mass transit system in the district
and aiding in the objects of the district.
(3) Contract with the
(4) Build, construct,
purchase, lease, improve, operate and maintain, subject to other applicable
provisions of law, all improvements, facilities or equipment necessary or
desirable for the mass transit system of the district.
(5) Enter into contracts
and employ agents, engineers, attorneys and other persons and fix their
compensation.
(6) Fix and collect
charges for the use of the transit system and other district facilities.
(7) Construct, acquire,
maintain and operate and lease, rent and dispose of passenger terminal
facilities, motor vehicle parking facilities and other facilities for the
purpose of encouraging use of the mass transit system within the district.
(8) Enter into contracts
or intergovernmental agreements under ORS chapter 190 with units of local
government of the State of Oregon, whether within or without the district, or
with the State of Washington or with public agencies of the State of
Washington, to act jointly or in cooperation with them or to provide mass
transit services to areas under their jurisdictions, provided that the party
contracting to receive the services shall pay to the mass transit district not
less than the proportionate share of the cost of the services that the benefits
to the contracting party bear to the total benefits from the service.
(9) Conduct programs and
events and take other actions for the purpose of improving or maintaining
employee relations.
(10) Improve, construct
and maintain bridges over navigable streams. [subject only to ORS 382.125.]
(11) Do such other acts
or things as may be necessary or convenient for the proper exercise of the
powers granted to a district by ORS 267.010 to 267.390.
SECTION 17. ORS 383.015 is amended to read:
383.015. (1) Tollway
projects may be initiated by the Department of Transportation, by a unit of
government having an interest in the installation of a tollway, or by a private
entity interested in constructing or operating a tollway project. The
department shall charge an administrative fee for reviewing and considering any
tollway project proposed by a private entity, which the department shall
establish by rule. All such administrative fees shall be deposited into the
State Tollway Account.
(2) The department shall
adopt rules pursuant to which it will consider authorization of a tollway
project. The rules shall require consideration of:
(a) The opinions and
interests of units of government encompassing or adjacent to the path of the
proposed tollway project in having the tollway installed;
(b) The probable impact
of the proposed tollway project on local environmental, aesthetic and economic
conditions and on the economy of the state in general;
(c) The extent to which
funding other than state funding is available for the proposed tollway project;
(d) The likelihood that
the estimated use of the tollway project will provide sufficient revenues to
independently finance the costs related to the construction and future
maintenance, repair and reconstruction of the tollway project, including the
repayment of any loans to be made from moneys in the State Tollway Account;
(e) With respect to
tollway projects, any portion of which will be financed with state funds or
department loans or grants:
(A) The relative
importance of the proposed tollway project compared to other proposed tollways;
and
(B) Traffic congestion
and economic conditions in the communities that will be affected by competing
tollway projects; and
(f) The effects of
tollway implementation on community and local street traffic.
(3) Notwithstanding any
other provision of ORS 383.001 to 383.027 [and
383.315], no tollway project shall be authorized
unless the department finds that either:
(a) Based on the
department’s estimate of present and future traffic patterns, the revenues
generated by the tollway project will be sufficient, after payment of all
obligations incurred in connection with the acquisition, construction and
operation of such tollway project, to ensure the continued maintenance, repair
and reconstruction of the tollway project without the contribution of
additional public funds; or
(b) The revenues
generated by the tollway project will be at least sufficient to pay its
operational expenses and a portion of the costs of its construction,
maintenance, repair and reconstruction, and the importance of the tollway
project to the welfare or economy of the state is great enough to justify the
use of public funding for a portion of its construction, maintenance, repair
and reconstruction.
(4) If the department
finds that a proposed tollway project qualifies for authorization under this
section, the department may conduct or cause to be conducted any environmental,
geological or other studies required by law as a condition of construction of
the tollway project. The costs of completing the studies for any proposed
tollway project may be paid by moneys in the State Tollway Account, provided
that any such payment shall constitute a loan against the proposed tollway
project and shall be reimbursed to the State Tollway Account as a part of the permanent
financing for the project.
SECTION 18. ORS 391.610 is amended to read:
391.610. All expenses of
the Oregon Mass Transportation Financing Authority incurred in carrying out the
provisions of ORS 267.227 and 391.500 to 391.660 shall be payable solely from
funds provided under the authority of ORS 267.227 and 391.500 to 391.660. For
the purposes of meeting the necessary expenses of initial organization and
operation until such date as the authority derives moneys from funds provided
hereunder, the authority shall be empowered to borrow moneys from districts,
and districts are empowered to lend money to the authority as may be required
and agreed for such necessary expenses of organization and operation. Expenses
incurred by the authority in connection with any application by a district for
financial assistance under ORS 267.227 and 391.500 to 391.660 [shall be paid by such district as provided
in ORS 267.200 (10), or, in the alternative and in the discretion of the
authority,] may be paid from the proceeds of bonds issued by the authority.
SECTION 19. ORS 381.025, 381.030, 381.035, 381.040,
381.045, 381.065, 381.070, 381.086, 381.088, 381.090, 381.092, 381.094,
381.110, 381.805, 381.810, 381.815, 381.820, 382.105, 382.110, 382.115,
382.120, 382.125, 383.310, 383.315, 383.320, 383.330, 383.340, 383.350,
383.360, 383.370, 383.380, 383.385 and 383.386 are repealed.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
__________