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 3033
 
                         Senate Bill 635
 
Sponsored by Senators MONROE, ATKINSON; Senators BURDICK, MORSE,
  PROZANSKI, TELFER
 
 
                             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 for nonmotorized vehicles and pedestrians. Establishes
Nonmotorized Vehicle Transportation Fund and continuously
appropriates moneys in fund to Department of Transportation to
finance grants and loans to public bodies and private entities.
Specifies uses of moneys.
  Declares emergency, effective July 1, 2009.
 
                        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.  { + As used in sections 2 to 6 of this 2009 Act, '
transportation project' has the meaning given that term in ORS
367.010, except that 'transportation project' is limited to those
projects that benefit nonmotorized vehicles and pedestrians. + }
  SECTION 2.  { + (1) The Nonmotorized Vehicle Transportation
Fund is established separate and distinct from the General
Fund. Interest earned by the Nonmotorized Vehicle Transportation
Fund shall be credited to the Nonmotorized Vehicle Transportation
Fund. Moneys in the Nonmotorized Vehicle Transportation Fund are
continuously appropriated to the Department of Transportation for
the purposes described in subsection (2) of this section.
  (2) The department shall use moneys in the Nonmotorized Vehicle
Transportation Fund to provide grants and loans for
transportation projects as provided under section 4 of this 2009
Act.
  (3) All moneys received by the department as interest on loans
made under section 4 of this 2009 Act and as repayment of
principal of loans made under section 4 of this 2009 Act shall be
deposited into the Nonmotorized Vehicle Transportation Fund. + }
  SECTION 3.  { + (1) Pursuant to ORS 286A.560 to 286A.585, for
the biennium beginning July 1, 2009, the State Treasurer may
issue lottery bonds to finance grants and loans for
transportation projects as provided in section 5 of this 2009
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
transportation infrastructure that serves bicycles and
pedestrians to support economic development in this state.
  (b) Dedicated, nonmotorized transportation corridors offer
safe, efficient and reliable transportation options that may be
integrated with public transit and the highway network to move
large numbers of people in a cost-effective manner.
  (c) Increased use of bicycles on dedicated facilities may help
to address rising levels of traffic congestion while preserving
road capacity for essential uses.
  (d) 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 $___ 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 Nonmotorized Vehicle
Transportation Fund established by section 1 of this 2009
Act. + }
  SECTION 4.  { + (1) Except as provided in subsection (2) of
this section, the Department of Transportation may provide, from
moneys in the Nonmotorized Vehicle Transportation Fund
established by section 2 of this 2009 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 Nonmotorized
Vehicle 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 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 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 5.  { + (1) The Oregon Transportation Commission shall
select transportation projects to be funded with moneys in the
Nonmotorized Vehicle Transportation Fund established by section 2
of this 2009 Act.
  (2) Prior to selecting transportation projects, the commission
shall solicit recommendations from cities, counties and
metropolitan planning organizations.
  (3) In selecting transportation projects, the commission shall
consider:
  (a) Whether a proposed transportation project is a critical
link connecting existing segments of nonmotorized transportation
facilities;
  (b) Whether a proposed transportation project creates an
effective link to highways, employment centers, schools, public
transit or natural and scenic resources;
  (c) Whether a proposed transportation project will result in
increased safety for bicyclists and pedestrians by providing an
alternative that separates the bicyclists and pedestrians from
motor vehicles;
  (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 6.  { + To the extent that proposed transportation
projects meet the qualifications established by the Oregon
Transportation Commission by rule, the commission shall allocate
at least 10 percent of the net proceeds of the lottery bonds
authorized by section 3 of this 2009 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 7.  { + 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. + }
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