Chapter 458 Oregon Laws 2009

AN ACT

SB 610

Relating to approved transportation costs; creating new provisions; amending ORS 327.033; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 327.033 is amended to read:

          327.033. (1) Approved transportation costs shall be estimated for the year of distribution.

          (2) In determining approved transportation costs, the State Board of Education:

          (a) Shall include depreciation of original cost to the school district of district-owned buses, not in excess of 10 percent per year; and

          [(b) May not deduct any moneys received by a school district to repower or retrofit, as defined in ORS 468A.795, or to replace school buses for the purpose of reducing or eliminating diesel engine emissions; and]

          [(c) May not include transportation costs paid with moneys received by the school district from the Clean Diesel Engine Fund under ORS 468A.803.]

(b) Shall include the costs to retrofit, as defined in ORS 468A.795, or to replace school buses for the purpose of reducing or eliminating diesel engine emissions, except that the board may not include the costs paid with moneys received from the state by a school district from the Clean Diesel Engine Fund under ORS 468A.801 (2)(a) to retrofit or to replace school buses for the purpose of reducing or eliminating diesel engine emissions.

          (3) School districts shall account separately for those funds received from the State School Fund attributable to the costs included under subsection (2) of this section, and expenditure of those funds shall be limited as follows:

          (a) The expenditure of funds attributable to costs under subsection (2)(a) of this section shall be limited to the acquisition of new buses [or transportation equipment].

(b) The expenditure of funds attributable to costs under subsection (2)(b) of this section shall be limited to the costs to retrofit, as defined in ORS 468A.795, or to replace school buses for the purpose of reducing or eliminating diesel engine emissions.

SECTION 2. The amendments to ORS 327.033 by section 1 of this 2009 Act first apply to State School Fund distributions commencing with the 2009-2010 distribution.

SECTION 3. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect July 1, 2009.

Approved by the Governor June 23, 2009

Filed in the office of Secretary of State June 23, 2009

Effective date July 1, 2009

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