75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2024
B-Engrossed
House Bill 3379
Ordered by the Senate June 3
Including House Amendments dated May 1 and Senate Amendments
dated
June 3
Sponsored by Representatives D EDWARDS, HUFFMAN, WHISNANT,
Senator TELFER; Representatives BEYER, HOLVEY, SCHAUFLER,
STIEGLER, Senators FERRIOLI, STARR
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.
Allows local governments that are unable to meet funding
requirements of transportation planning rule adopted by Land
Conservation and Development Commission to apply for extensions,
submit alternative plans for funding or apply to adjust various
traffic performance measures. Limits number of extensions and
plans that may be approved.
{ + Directs Department of Transportation to determine if
funds deposited into Oregon Streetcar Project Fund are sufficient
to purchase newly constructed streetcars. Directs department to
report on determination to specified legislative interim
committee on or before January 1, 2010.
Specifies circumstances in which chapter ___, Oregon Laws 2009
(Enrolled House Bill 2001), is severable in event that part of
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2001), is
referred to people by petition under section 1 (3), Article IV of
Oregon Constitution. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to transportation; and declaring an emergency.
Whereas in March 2005, the Land Conservation and Development
Commission, responding in part to a decision of the Oregon Court
of Appeals, amended OAR 660-012-0060, the transportation planning
rule, to require assurance of planned transportation system
projects and reasonably likely funding mechanisms to ensure that
the transportation system's mobility standards are satisfied if a
proposed comprehensive plan or land use regulation amendment
would result in an existing or planned transportation facility
failing to meet adopted performance standards at any time during
the local jurisdiction's 15- to 20-year planning period; and
Whereas lack of state funding for transportation system
projects has precluded state participation in funding mechanisms
and funding responsibility for necessary improvements to the
state highway system identified in the transportation system
plans of local jurisdictions seeking to expand urban growth
boundaries or rezone parcels necessary to increase land supply to
accommodate economic development projects; and
Whereas local government entities are limited in their ability
to provide the transportation infrastructure necessary to support
economic development associated with amendments to their
comprehensive plans, including zone changes and urban growth
boundary expansions, because of the limited availability of
federal, state and local funding for planned transportation
projects as called for in the transportation planning rule, and
these limitations have led to a loss in jobs and a failure to
attract needed economic development projects in many communities
throughout Oregon; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Subject to the limitations in subsection
(2) of this section, if a local government is unable to meet the
funding requirements of the transportation planning rule adopted
by the Land Conservation and Development Commission, the local
government may:
(a) Apply for an extension of time to meet the requirements;
(b) Submit a plan to the Oregon Transportation Commission and
the Department of Transportation proposing alternative methods of
funding that will meet the standards adopted by the Oregon
Transportation Commission; or
(c) Apply to the Department of Transportation:
(A) To adjust various traffic performance measures during an
interim period prior to completion of construction of the
development in question for a period of no more than 20 years; or
(B) To allow various types of traffic performance measures
other than a volume to capacity ratio.
(2) The Oregon Transportation Commission may not approve more
than four applications for extension or alternative plans in each
Department of Transportation region in a calendar year. For
purposes of this subsection, the regions are as follows:
(a) Region one consists of Clackamas, Columbia, Hood River,
Multnomah and Washington Counties.
(b) Region two consists of Benton, Clatsop, Lane, Lincoln,
Linn, Marion, Polk, Tillamook and Yamhill Counties.
(c) Region three consists of Coos, Curry, Douglas, Jackson and
Josephine Counties.
(d) Region four consists of Crook, Deschutes, Gilliam,
Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties.
(e) Region five consists of Baker, Grant, Harney, Malheur,
Morrow, Umatilla, Union and Wallowa Counties.
(3) The Oregon Transportation Commission shall adopt rules for
the administration of this section. In adopting rules, the
commission may not define under what circumstances a local
government is considered to be able to meet the funding
requirements of the transportation planning rule adopted by the
Land Conservation and Development Commission. + }
SECTION 2. { + (1) The Department of Transportation shall
undertake an evaluation to determine if funds deposited into the
Oregon Streetcar Project Fund, established under section 23,
chapter 746, Oregon Laws 2007, are sufficient to meet the
objectives of purchasing newly constructed streetcars and
supplying the streetcars to public transit systems in Oregon.
(2) If the department determines that additional funding is
needed to make grants and provide for administrative costs, as
described in section 23, chapter 746, Oregon Laws 2007, the
department shall provide a recommendation to the Oregon
Transportation Commission that describes any funds available to
the department that may be deposited into the Oregon Streetcar
Project Fund.
(3) No later than January 1, 2010, the department shall report
to the legislative interim committees on transportation on the
determinations made by the department and any recommendations the
department has made to the commission. + }
SECTION 3. { + (1) If any part of chapter ___, Oregon Laws
2009 (Enrolled House Bill 2001), is referred to the people by
petition under section 1 (3), Article IV of the Oregon
Constitution, the remaining parts of chapter ___, Oregon Laws
2009 (Enrolled House Bill 2001), that are not referred to the
people do not become operative unless the part that is referred
to the people by petition is approved by the people at an
election.
(2) If any part of chapter ___, Oregon Laws 2009 (Enrolled
House Bill 2001), is referred to the people by petition under
section 1 (3), Article IV of the Oregon Constitution, and the
part that is referred to the people by petition is approved by
the people at an election, the remaining parts of chapter ___,
Oregon Laws 2009 (Enrolled House Bill 2001), that are not
referred to the people become operative on the effective date of
the part that is referred and approved. + }
SECTION 4. { + 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 on its
passage. + }
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