Chapter 969 Oregon Laws 1999

Session Law

AN ACT

SB 909

Relating to highway safety; creating new provisions; and amending ORS 184.618 and 366.507.

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

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 366.

SECTION 2. (1) As part of the recommended budget for the Department of Transportation, the Governor shall submit to the Legislative Assembly a plan to spend $100 million to improve highway safety. Upon approval by the Legislative Assembly, the Department of Transportation shall implement the plan.

(2) In developing schedules for highway projects, including but not limited to construction, preservation and maintenance projects, the Oregon Transportation Commission and the Department of Transportation shall give priority to projects that enhance the safety of the users of the highways.

SECTION 3. ORS 184.618 is amended to read:

184.618. (1) As its primary duty, the Oregon Transportation Commission shall develop and maintain a state transportation policy and a comprehensive, long-range plan for a safe, multimodal transportation system for the state which encompasses economic efficiency, orderly economic development[, safety] and environmental quality. The plan shall include, but not be limited to, aviation, highways, mass transit, pipelines, ports, rails and waterways. The plan shall be used by all agencies and officers to guide and coordinate transportation activities and to insure transportation planning utilizes the potential of all existing and developing modes of transportation.

(2) As the plan is developed by the commission, the Director of Transportation shall prepare and submit to the commission for approval, implementation programs. Work approved by the commission to carry out the plan shall be assigned to the appropriate unit of the Department of Transportation.

(3) The director and members of the commission shall give safety, economic development and the provisions of industrial site services priority in fund allocation decisions.

SECTION 4. ORS 366.507 is amended to read:

366.507. The Department of Transportation shall use an amount equal to the moneys in the State Highway Fund that become available for its use from the increase in tax rates created by the amendments to ORS 319.020, 319.530, 825.476 and 825.480 by sections 1, 2 and 10 to 15, chapter 209, Oregon Laws 1985, and an amount equal to one-third of the moneys in the State Highway Fund that become available for its use from any increase in tax rates created by the amendments to ORS 319.020, 319.530, 825.476 and 825.480 by sections 5, 6 and 8 to 15, chapter 899, Oregon Laws 1987, and from any increase in tax rates that results from the provisions of sections 16 and 17, chapter 899, Oregon Laws 1987, exclusively to establish a state modernization program for highways. The program established under this section and the use of moneys in the program are subject to the following:

(1) The moneys may be used by the department to retire bonds that the department issues for the modernization program under bonding authority of the department.

(2) The intent of the modernization program is to increase highway safety, to accelerate improvements from the backlog of needs on the state highways and to fund modernization of highways and local roads to support economic development in Oregon. Projects both on and off the state highway system are eligible.

(3) Projects to be implemented by the modernization program shall be selected by the Oregon Transportation Commission. The criteria for selection of projects will be established after public hearings that allow citizens an opportunity to review the criteria.

(4) In developing criteria for selection of projects, the commission shall consider the following:

(a) Projects be of significance to the state highway system.

(b) Projects not be selected on the interstate highway system.

(d) Projects may be on county or city arterial roads connecting to or supporting a state highway.

(e) Priority be given to projects that make a meaningful contribution to increased highway safety.

[(e)] (f) Priority also be given to projects [which] that encourage economic development where:

(A) There is commitment by private industry to construct a facility.

(B) There is support from other state agencies.

[(f)] (g) Priority be given where there is local government or private sector financial participation, or both, in the improvement in addition to improvements adjacent to the project.

[(g)] (h) Priority be given where there is strong local support.

Approved by the Governor August 17, 1999

Filed in the office of Secretary of State August 18, 1999

Effective date October 23, 1999

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