reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.622 - Preservation and modernization projects funded by specified bonds; rules; selection criteria.

(1) As used in this section:
(a) "Highway" has the meaning given that term in ORS 801.305.
(b) "Modernization" means improvements that add capacity to highways, including but not limited to new or widened lanes and new bypasses.
(c) "Preservation" means paving, striping, reconstruction and other activities designed to add useful life to existing highways.
(2) Bonds described in ORS 367.620 (2) shall be used to finance preservation and modernization projects chosen by the Oregon Transportation Commission. The commission shall select projects from among the following:
(a) Highways that need increased lane capacity.
(b) Highways and bridges that have weight limitations.
(c) State and local bridges.
(d) Interchanges on multilane highways.
(e) District highways in cities and counties that require preservation. The Department of Transportation shall adopt rules defining "district highway" for purposes of this paragraph.
(3) In choosing projects under subsection (2) of this section, the commission shall use the following criteria, in addition to any criteria developed under ORS 367.623:
(a) Lane capacity projects shall be chosen from a financially constrained list.
(b) Bridge projects shall be chosen on the basis of a bridge inventory or rating system recognized by the commission.
(c) Priority for interchange projects shall be given to projects on multilane highways where safety can be enhanced by constructing a grade-separated interchange to replace an at-grade crossing.
(d) Priority for district highway preservation projects shall be given to those projects that may facilitate transfer of jurisdiction over the highway from the state to a local government.
(e) Projects selected for financing under this section shall be equitably distributed throughout the state, using the criteria for distribution of projects that are used for the Statewide Transportation Improvement Program. [2001 c.669 §2; 2005 c.612 §8]
Note:
367.622 and 367.623 were added to and made a part of ORS chapter 367 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.623 - Consultation with local governments for project selection.

In establishing criteria other than those specified in ORS 367.622 for selection of projects, and in choosing projects under ORS 367.622, the Oregon Transportation Commission shall consult with local governments, metropolitan planning organizations and regional transportation advisory groups. [2001 c.669 §3]
Note:
See note under 367.622.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.630 - Highway revenue declaration; contents; purpose.

(1) Before bonds are issued under ORS 367.615, the Department of Transportation must prepare a highway revenue declaration authorizing issuance of the bonds. The declaration must be signed by the Director of Transportation or a person designated by the director and must be approved by the State Treasurer or a person designated by the State Treasurer.
(2) A declaration prepared under this section may do any of the following:
(a) Pledge any part or all of moneys described under ORS 367.605 for purposes of the bonds to be issued.
(b) Limit the purpose for which the proceeds of the sale may be applied by the department.
(c) Make pledges concerning the proceeds of the sale or moneys described under ORS 367.605 as necessary to secure payment of bonds of the department.
(d) Limit the issuance of additional bonds under ORS 367.615, limit or establish terms upon which additional bonds may be issued under ORS 367.615 or limit or establish the issuance or the terms of issuance or provide for the refunding of outstanding bonds.
(e) Provide for procedures, if any, by which the terms of contracts with bondholders may be amended or rescinded, for the percentage of the bondholders that must consent to amendment or rescinding of such contract and for the manner of bondholder consent to any amendment or rescinding of such contract.
(f) Establish a trustee as described under ORS 367.650.
(g) Vest a trustee appointed under ORS 367.650 with property, rights, powers and duties in trust, as the State Treasurer determines appropriate. Authority granted by this paragraph includes authority to:
(A) Include the rights, powers and duties of a trustee appointed to bondholders.
(B) Limit the rights, powers and duties of the trustee.
(h) Provide for other matters affecting issuance of the bonds.
(3) A declaration under this section may establish the same requirements, be subject to the same provisions, create the same obligations and confer the same rights and is otherwise subject to the same provisions as an indenture under ORS 367.640, if so provided in the declaration. [1985 c.551 §5; 1987 c.158 §64]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.635 - Bond form, issuance and maturity; provisions subject to determination of State Treasurer.

(1) A bond issued under ORS 367.615:
(a) Must contain on its face a statement that the ad valorem taxing power of this state or any political subdivision of this state is not pledged to the payment of the principal or the interest on the bond.
(b) Shall be issued as provided in ORS chapter 286A.
(c) Must mature on or before a date determined by calculation of the expected economic life of the improvements, assets and projects financed with the proceeds of the bonds. Subject to this paragraph, the time bonds mature may be as established by indenture under ORS 367.640.
(2) The State Treasurer shall determine, in consultation with the department and consistent with ORS chapter 286A, all aspects relating to the sale of bonds under ORS 367.615 that are not otherwise specifically provided, including rate of interest and discount, if any. [1985 c.551 §6; 2003 c.201 §26; 2007 c.783 §172]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.640 - Indenture; provisions.

An indenture under which bonds described under ORS 367.615 are issued may provide for any or all of the following:
(1) The pledging of moneys or a portion of moneys described under ORS 367.605 to the payment of the bond debt service on bonds issued under ORS 367.615.
(2) Requirements concerning particular issues of bonds under ORS 367.615.
(3) Requirements concerning moneys described under ORS 367.605 and payment on outstanding bonds issued under ORS 367.615.
(4) A contractual undertaking for the benefit of bondholders concerning assessment, levy collection and deposit of moneys described under ORS 367.605.
(5) Provisions concerning the registration of bonds or recording or filing of the indenture.
(6) Provisions relating to a reserve account under ORS 367.645. Provisions under this subsection may include, but are not limited to, the amount required for such account or provisions for replenishing the account from moneys described under ORS 367.605.
(7) Provisions concerning trustees under ORS 367.650 including, but not limited to:
(a) Establishing funds, accounts or moneys described under ORS 367.605 over which the trustee will be custodian.
(b) Providing that a trustee will be appointed.
(8) Establishing the maturation date for the bonds, subject to ORS 367.635. [1985 c.551 §7; 2003 c.201 §27]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.645 - Reserve account.

The Department of Transportation may establish a separate reserve account to provide additional security for bonds issued under ORS 367.615. The following apply to any account established under this section:
(1) The account may be established as part of the highway fund or separately.
(2) The establishment of an account does not, in itself, limit the payment of bond debt service for bonds issued under ORS 367.615 to moneys in the account. Bond debt service for bonds issued under ORS 367.615 may be paid from any moneys under ORS 367.605, whether or not an account is established, unless otherwise provided by indenture under ORS 367.640.
(3) The account is subject to any provisions established by indenture under ORS 367.640 concerning the amount of money in the account or the replenishing of moneys if the account is drawn down at any time while bonds are outstanding.
(4) The account is subject to any other provisions concerning the account that are established by indenture under ORS 367.640. [1985 c.551 §8; 1989 c.610 §2; 2003 c.201 §28]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.650 - Trust indenture to secure bonds; provisions.

At the discretion of the State Treasurer, bonds issued under ORS 367.615 may be secured by a trust indenture. A trust indenture established under this section is subject to the following:
(1) The trust indenture shall be by and between the state and a trustee.
(2) The trustee may be any trust company or bank having the powers of a trust company whether inside or outside the state.
(3) The trustee may act as custodian as provided for by indenture under ORS 367.640.
(4) The trustee must be jointly appointed by the director and the State Treasurer.
(5) The trustee shall be vested with such powers and duties as provided for by indenture under ORS 367.640. [1985 c.551 §9]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.655 - Loan of bond proceeds to cities and counties; use of loans; rules.

(1) Notwithstanding any other provision of law or any provision of charter or local ordinance to the contrary:
(a) The Department of Transportation may loan a portion of proceeds from bonds issued under ORS 367.615 to cities and counties; and
(b) Cities and counties may borrow moneys under this section.
(2) Any loan made under this section is subject to all of the following provisions:
(a) Moneys from the loan may only be used to defray costs of location, relocation, improvements, construction and reconstruction of city and county streets and roads.
(b) The department shall establish rules concerning the making of agreements for the loans. Repayment of principal and interest by any city or county must be made according to the agreement between the department and the city or county.
(c) If a city or county defaults of repayment, the department may withhold any part of the appropriation or allocation to the city under ORS 366.785 to 366.820 or the county under ORS 366.762 to 366.768 as provided for in the agreement for repayment made under this section. [1985 c.551 §10; 2003 c.201 §29]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.660 - Lien on certain moneys pledged for bonds; terms of lien.

If moneys under ORS 367.605 are pledged for purposes of bonds by indenture under ORS 367.640, a lien is established upon the moneys. A lien established by this section is subject to all of the following:
(1) The lien is a first lien and security interest and prior charge upon the pledged moneys except to the extent provided otherwise by the indenture.
(2) The lien is valid and binding from the time the pledge is made.
(3) The pledged moneys are immediately subject to the lien without physical delivery or further act.
(4) The lien is valid and binding against all parties having claims on the money of any kind including claims under tort or contract.
(5) The lien is valid and binding against all parties irrespective of whether the parties have notice of the lien.
(6) No bond, indenture or any other instrument by which the pledge is made or the lien created must be recorded or filed except as provided by the indenture under ORS 367.640. [1985 c.551 §11; 2003 c.201 §30]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.665 - Interest on bonds exempt from state income tax.

The interest upon all bonds issued under ORS 367.615 and upon all refunding and advance refunding bonds issued under ORS chapter 286A is exempt from personal income taxation imposed by this state under ORS chapter 316. [1985 c.551 §12; 2007 c.783 §172a]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.700 - Authority to sell limited amount of bonds under ORS 367.700 to 367.750.

In addition to the authority now vested by any other provision of law state highway bonds of the State of Oregon used to provide funds for purposes of ORS 367.700 to 367.750 in the aggregate principal sum may not exceed $50 million. [1975 c.211 §1; 1981 c.660 §34]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.705 - Use of funds; priority.

(1) The Department of Transportation shall make loans to cities and counties from funds available under ORS 367.700 to 367.750 for the purposes stated in section 3a, Article IX of the Oregon Constitution.
(2) If funds available under ORS 367.700 to 367.750 are not sufficient to fund all projects for which funds are applied by cities and counties, the department shall give priority to projects in cities and counties having the highest rates of unemployment in this state. [1975 c.211 §2; 2003 c.201 §31]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.710 - Repayment by city or county; interest.

(1) The Department of Transportation shall cause cities and counties that receive funds under ORS 367.705 to repay bond debt service by withholding from payments due to the city under ORS 366.785 to 366.820 or to the county under ORS 366.762 to 366.768. Funds withheld under this subsection remain in the State Highway Fund available for the purposes authorized by law.
(2) The Department of Transportation shall fix the rate of interest to be charged on any advance made under ORS 367.705. [1975 c.211 §3; 2003 c.201 §32]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.715 - Procedure for issuing bonds under ORS 367.700 to 367.750.

All bonds issued under ORS 367.700 to 367.750 must be issued in accordance with ORS chapter 286A. [1975 c.211 §4; 1981 c.660 §35; 2003 c.201 §33; 2007 c.783 §173]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.745 - Setting aside sufficient moneys to pay maturing bonds.

The Department of Transportation shall compute and determine in January of each year, after the sale of bonds under ORS 367.700 to 367.750, the amount of bond debt service that will fall due during such year on bonds then outstanding and unpaid and shall maintain or hold in the State Highway Fund sufficient moneys to pay such maturing obligations. [1975 c.211 §10; 2003 c.201 §34]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.750 - Constitutional debt limits not to be exceeded.

The Department of Transportation may not issue or sell general obligation bonds under ORS 367.700 to 367.750 that, singly or in the aggregate with previous debts or liabilities incurred for the building and maintaining of permanent roads, exceed any limitation provided in the Oregon Constitution at the date of the issuance and sale of such bonds. [1975 c.211 §11; 2003 c.201 §35]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.800 - Findings.

The Legislative Assembly finds that:
(1) Entrepreneurial approaches to the acquisition, design, management and financing of transportation projects will accelerate cost-effective project delivery.
(2) Entrepreneurial approaches can bring substantial benefits to the public in transportation project development and execution.
(3) Risk management is a critical component of partnerships for transportation projects.
(4) Successful implementation of an Oregon innovative partnership program for transportation projects requires that risk in a project be managed and shared by public and private sector participants, with the partner best able to control a risk bearing responsibility for the risk.
(5) The Legislative Assembly and the executive branch of government accept responsibility for providing predictability for partnerships for transportation projects and for allowing negotiated agreements to be implemented.
(6) The development, acquisition and construction of transportation projects creates jobs and furthers economic development in Oregon by, among other things:
(a) Increasing the economy and efficiency of public transportation, improving the flow of commerce into and around the state and the surrounding region, improving the attractiveness of Oregon to new businesses and supporting the operations and prosperity of existing businesses; and
(b) Improving the movement of people into and around the state and the surrounding region, alleviating congestion and crowding and reducing the burdens on existing public transportation systems and transportation facilities. [2003 c.790 §1]
Note:
367.800 to 367.824 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 367 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.802 - Definitions.

As used in ORS 367.800 to 367.824:
(1) "Agreement" means a written agreement, including but not limited to a contract, for a transportation project that is entered into under ORS 367.806.
(2) "Private entity" means any entity that is not a unit of government, including but not limited to a corporation, partnership, company, nonprofit organization or other legal entity or a natural person.
(3) "Transportation project" or "project" means any proposed or existing undertaking that facilitates:
(a) Any mode of transportation in this state;
(b) The collection of taxes and fees as an alternative to the motor vehicle fuel taxes imposed under ORS 319.020 and 319.530; or
(c) The collection of the per-mile road usage charge imposed under ORS 319.885.
(4) "Unit of government" means any department or agency of the federal government, any state or any agency, office or department of a state, any city, county, district, commission, authority, entity, port or other public corporation organized and existing under statutory law or under a voter-approved charter and any intergovernmental entity created under ORS 190.003 to 190.130, 190.410 to 190.440 or 190.480 to 190.490. [2003 c.790 §2; 2011 c.470 §8; 2013 c.781 §23]
Note:
See note under 367.800.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.808 - Evaluation of proposed agreements; role of Attorney General.

(1) At the request of the Department of Transportation, the Attorney General may appoint special assistant attorneys general for the purpose of evaluating partnership agreements entered into or to be entered into as part of the program established under ORS 367.804. The special assistant attorneys general shall be under the direction and control of the Attorney General and may:
(a) Advise the Department of Transportation concerning the legality of specific proposed partnerships;
(b) Advise the department on legal procedures and practices related to implementation of specific projects that use a partnership;
(c) Assist the department in negotiating partnership agreements;
(d) Assist the department in preparing any document related to a specific partnership;
(e) Advise the department regarding accounting, investment and tax requirements applicable to specific projects that use a partnership; and
(f) Advise the department regarding any relevant federal securities or other laws and related disclosure requirements.
(2) When the Attorney General, as part of the review under ORS 291.047, reviews an agreement entered into under ORS 367.806, the Attorney General shall:
(a) Recognize that the agreement is the product of a partnership; and
(b) Defer to the business judgment of the department and the Oregon Transportation Commission concerning the assignment of risks and the incentives provided within the agreement. [2003 c.790 §5]
Note:
See note under 367.800.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.810 - State Transportation Enterprise Fund.

(1) The State Transportation Enterprise Fund is established separate and distinct from the General Fund. Interest earned by the State Transportation Enterprise Fund shall be credited to the fund.
(2) The following moneys shall be deposited into the State Transportation Enterprise Fund:
(a) Proceeds from bonds or other financing instruments issued under the provisions of ORS 367.800 to 367.824;
(b) Revenues received from any transportation project developed under the program established under ORS 367.804; and
(c) Any other moneys that are by donation, grant, contract, law or other means transferred, allocated or appropriated to the fund.
(3) Moneys in the State Transportation Enterprise Fund are continuously appropriated to the Department of Transportation for the purpose of carrying out the provisions of ORS 367.800 to 367.824 and implementing all or portions of any transportation project developed under the program established under ORS 367.804.
(4) Moneys in the State Transportation Enterprise Fund that are transferred from the State Highway Fund or from any one of the sources that comprise the State Highway Fund as specified in ORS 366.505 and that are revenue under section 3a, Article IX of the Oregon Constitution, may be used only for purposes authorized by section 3a, Article IX of the Oregon Constitution.
(5) The department shall establish a separate account in the State Transportation Enterprise Fund for each transportation project that is undertaken under the program established under ORS 367.804. Except as provided in subsection (4) of this section, the department may pledge moneys in the State Transportation Enterprise Fund to secure revenue bonds or any other debt obligations relating to the transportation project for which the account is established.
(6) Moneys in an account established under subsection (5) of this section shall be used as provided in any agreement applicable to the transportation project for which the account is established. [2003 c.790 §6]
Note:
See note under 367.800.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.812 - Bonds secured by State Transportation Enterprise Fund; financing of transportation projects.

(1) In addition to any authority to issue and sell bonds and other similar obligations, this section establishes continuing authority for the State Treasurer to issue and sell bonds and other similar obligations, at the request of the Department of Transportation, in a manner consistent with this section. To finance any transportation project in whole or in part, the department may request that the State Treasurer issue revenue bonds on behalf of the department. Revenue bonds authorized under this section shall be issued in accordance with the applicable provisions of ORS chapter 286A. The bonds shall be secured by a pledge of, and a lien on, and shall be payable only from moneys in the State Transportation Enterprise Fund established by ORS 367.810 and any other revenues specifically pledged to repayment of the bonds. Such a pledge by the department of its revenues creates a lien that is valid and binding from the time the pledge is made as provided in ORS 286A.102. Revenue bonds issued pursuant to this section are not general obligations of the state and are not secured by or payable from any funds or assets of the state other than the moneys and revenues specifically pledged to the repayment of such revenue bonds.
(2) Moneys received from the issuance of revenue bonds or other debt obligations, including any investment earnings thereon, may be expended:
(a) For the purpose of financing the costs of the transportation project for which the bonds are issued;
(b) To pay the costs and other administrative expenses of the bonds;
(c) To pay the costs of credit enhancement or to fund any reserves determined to be necessary or advantageous in connection with the revenue bonds; and
(d) To reimburse the department for any costs related to carrying out the purposes of the program established under ORS 367.804.
(3) Any transportation project may be financed in whole or in part with:
(a) The proceeds of grant anticipation revenue bonds authorized by 23 U.S.C. 122 and applicable state law.
(b) Grants, loans, loan guarantees, lines of credit, revolving lines of credit or other financing arrangements available pursuant to the Transportation Infrastructure Finance and Innovation Act under 23 U.S.C. 181 et seq., or any other applicable federal law.
(c) Infrastructure loans or assistance from the Oregon Transportation Infrastructure Fund established by ORS 367.015.
(4) As security for the payment of financing described in subsection (3) of this section, the revenues from the project may be pledged, but no such pledge of revenues constitutes in any manner or to any extent a general obligation of the state. Any financing described in subsection (3) of this section may be structured on a senior, parity or subordinate basis to any other financing. [2003 c.790 §7; 2007 c.783 §174]
Note:
See note under 367.800.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.814 - Moneys from federal government or other sources.

(1) The Department of Transportation or a unit of government may accept from the United States or any of its agencies such funds as are available to this state or to the unit of government for carrying out the purposes of ORS 367.800 to 367.824, whether the funds are made available by grant, loan or other financing arrangement. The department or unit of government may enter into such agreements and other arrangements with the United States or any of its agencies as may be necessary, proper and convenient for carrying out the purposes of ORS 367.800 to 367.824.
(2) The department or a unit of government may accept from any source any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other valuable thing made to the State of Oregon, the department or the unit of government for carrying out the purposes of ORS 367.800 to 367.824.
(3) Any transportation project may be financed in whole or in part by contribution of any funds or property made by any private entity or unit of government that is a party to any agreement entered into under ORS 367.806. [2003 c.790 §8]
Note:
See note under 367.800.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.816 - Use of moneys in Oregon Transportation Infrastructure Fund for projects.

(1) Notwithstanding ORS 367.020, the Department of Transportation may use moneys in the Oregon Transportation Infrastructure Fund established by ORS 367.015 to ensure the repayment of loan guarantees or extensions of credit made to or on behalf of private entities engaged in the planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, leasing or operation of any transportation project that is part of the program established under ORS 367.804.
(2) The lien of a pledge made under this section is subordinate to the lien of a pledge securing bonds payable from moneys in the State Highway Fund described in ORS 366.505, the Toll Program Fund established by ORS 383.009 or the State Transportation Enterprise Fund established by ORS 367.810. [2003 c.790 §9; 2021 c.630 §159]
Note:
See note under 367.800.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.818 - Eminent domain powers.

The Department of Transportation may exercise the power of eminent domain to acquire property, rights of way or other rights in property for transportation projects that are part of the program established under ORS 367.804, regardless of whether the property will be owned in fee simple by the department. [2003 c.790 §10]
Note:
See note under 367.800.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.820 - Creation of district; use of revenues within district.

An agreement among the Department of Transportation and other units of government may create a new district, or designate a previously existing district, that includes any or all of the territory within the geographic boundaries of any or all Oregon counties in which a transportation project is located, and may require that all revenues from franchise fees, other user fees or other revenue sources collected within the district in connection with the transportation project be used exclusively for the benefit of the district. [2003 c.790 §11]
Note:
See note under 367.800.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.822 - Advisory committees on transportation projects; rules.

(1) The Department of Transportation and any unit of government that participates in a transportation project may establish advisory committees to advise the department or the unit of government with respect to transportation projects. An advisory committee shall consist of not fewer than five and not more than nine members, as determined by the department. Members shall be appointed by the department, or in a manner agreed to by the department and any participating unit of government.
(2) At the request of the department, an advisory committee may review concepts or proposals for transportation projects and submit recommendations to the department or the participating unit of government.
(3) An advisory committee shall meet as necessary at times and places fixed by the department or the participating unit of government. The department shall provide personnel services to assist the advisory committee within the limits of available funds. An advisory committee may adopt rules to govern its proceedings and may select officers. [2003 c.790 §12]
Note:
See note under 367.800.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.824 - Rules; supremacy of federal law.

(1) The Department of Transportation may adopt any rules it considers necessary to implement the provisions of ORS 367.800 to 367.824.
(2) Notwithstanding any provision of ORS 367.800 to 367.824, applicable federal laws, rules and regulations govern in any situation that involves federal funds if the federal laws, rules or regulations:
(a) Conflict with any provision of ORS 367.800 to 367.824;
(b) Require procedures that are additional to or different from those provided in ORS 367.800 to 367.824; or
(c) Require contract provisions not authorized by ORS 367.800 to 367.824. [2003 c.790 §§4a,13]
Note:
See note under 367.800.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 367 - Transportation Financing; Projects › Section 367.850 - Alternatives to meeting funding requirements of transportation planning rule; rules.

(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. [2009 c.589 §1]
Note:
367.850 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 367 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.001 - Definitions.

As used in this chapter:
(1) "County road" means a public road under the jurisdiction of a county that has been designated as a county road under ORS 368.016.
(2) "County road official" means the roadmaster, engineer, road supervisor, public works director or other administrative officer designated by the county governing body as being responsible for administration of the road activities of the county.
(3) "Local access road" means a public road that is not a county road, state highway or federal road.
(4) "Owner" means a vendee under a recorded land sale contract or, if there is no recorded land sale contract, the holder of the record title of land if the vendee or holder has a present interest equal to or greater than a life estate.
(5) "Public road" means a road over which the public has a right of use that is a matter of public record.
(6) "Road" means the entire right of way of any public or private way that provides ingress to or egress from property by means of vehicles or other means or that provides travel between places by means of vehicles. "Road" includes, but is not limited to:
(a) Ways described as streets, highways, throughways or alleys;
(b) Road related structures that are in the right of way such as tunnels, culverts or similar structures; and
(c) Structures that provide for continuity of the right of way such as bridges. [1981 c.153 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.011 - County authority to supersede statutes; limitations.

(1) Except as otherwise provided in this section, a county may supersede any provision in this chapter by enacting an ordinance pursuant to the charter of the county or under powers granted the county in ORS 203.030 to 203.075.
(2) A county may not enact an ordinance to supersede a provision of this section or ORS 368.001, 368.016, 368.021, 368.026, 368.031, 368.051, 368.705, 368.710, 368.720 or 368.722. [1981 c.153 §3; 2007 c.679 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.016 - County authority over roads; limitations.

(1) Except as provided in this section or as otherwise specifically provided by law, the exercise of governmental powers relating to a road within a county is a matter of county concern.
(2) A county governing body:
(a) Does not have jurisdiction over any public road that is a state highway.
(b) Shall only take action involving a local access road within a city if the city governing body consents to the action.
(c) May by resolution or order make any public road within its jurisdiction a county road.
(3) Any road that has a classification as a county road on November 1, 1981, shall retain that classification unless the classification is changed under ORS 368.026 or as otherwise provided by law.
(4) A county governing body may seek assistance from the Department of Transportation as provided under ORS 366.155. [1981 c.153 §4; 1993 c.741 §44]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.021 - County authority over trails.

(1) A county governing body has the same jurisdiction over trails as it has over local access roads.
(2) This section applies to trails that:
(a) Are easements over land or by watercourse that are not part of a road right of way;
(b) Provide certain forms of ingress to or egress from land or water or permit travel between places;
(c) Do not provide vehicle access of the type provided by a road; and
(d) Are not under the jurisdiction of a state or federal agency. [1981 c.153 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.026 - Withdrawal of county road status; report; notice; hearing.

(1) A county governing body shall use the following procedure to withdraw county road status from a portion of a county road that is outside a city:
(a) The county governing body may initiate proceedings by having the county road official prepare a report stating reasons for the proposed withdrawal and the effects the proposed withdrawal may have on land abutting the county road proposed to be withdrawn.
(b) The county governing body shall fix a date for a hearing on the withdrawal.
(c) The county governing body shall provide for notice of the hearing on the proposed withdrawal to be served on owners of land abutting the portion of county road proposed to be withdrawn. Notice shall be served in the manner provided under ORS 368.401 to 368.426.
(d) Any interested person shall have access to the report prepared by the county road official under this section from a day not less than 20 days prior to the date of hearing.
(e) At the hearing, the county governing body shall accept the report of the county road official prepared under this section and shall accept testimony from persons favoring or objecting to the proposed withdrawal.
(f) After completion of the procedures under this section, the county governing body may retain the portion of county road as a county road or may by order or resolution declare county road status withdrawn from all or part of the portion of the road under consideration.
(2) The withdrawal of county road status from any county road that is within a city is subject to ORS 373.270.
(3) If a county governing body withdraws county road status from a portion of a county road, the road shall continue to be a public road. [1981 c.153 §6]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.031 - County jurisdiction over local access roads.

A local access road that is outside a city is subject to the exercise of jurisdiction by a county governing body in the same manner as a county road except as follows:
(1) A county and its officers, employees or agents are not liable for failure to improve the local access road or keep it in repair.
(2) A county governing body shall spend county moneys on the local access road only if it determines that the work is an emergency or if:
(a) The county road official recommends the expenditure;
(b) The public use of the road justifies the expenditure proposed; and
(c) The county governing body enacts an order or resolution authorizing the work and designating the work to be either a single project or a continuing program. [1981 c.153 §7]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.036 - Standards for county roads and road work.

(1) County roads and work performed on county roads shall comply with specifications and standards, including standards for width, adopted by the county governing body. If the county governing body does not have specifications for work performed on county roads, the work shall comply with standards and specifications adopted by the Department of Transportation.
(2) If a county governing body provides for work to be performed on a local access road, the standards for the road or specifications for work performed on the road may differ from standards and specifications for county roads, but the county governing body shall provide for the work to be performed in the same manner as it provides for work to be performed on county roads. [1981 c.153 §8]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.039 - Road standards adopted by local government supersede standards in fire codes; consultation with fire agencies.

(1) When the governing body of a county or city adopts specifications and standards, including standards for width, for roads and streets under the jurisdiction of the governing body, such specifications and standards shall supersede and prevail over any specifications and standards for roads and streets that are set forth in a uniform fire code adopted by the State Fire Marshal, a municipal fire department or a county firefighting agency.
(2) This section applies to specifications and standards for roads and streets adopted by the governing body of a county or city in a charter, acknowledged comprehensive plan or ordinance adopted pursuant to ORS chapter 92, 203, 221 or 368.
(3) Before adopting or amending any comprehensive plan, land use regulation or ordinance that establishes specifications and standards for roads and streets, a governing body of a county or city shall consult with the municipal fire department or other local firefighting agency concerning the proposed specifications and standards. The county or city governing body shall consider the needs of the fire department or firefighting agency when adopting the final specifications and standards. [1997 c.409 §1]
Note:
368.039 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 368 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.041 - Widths of county roads; maintenance of designated roads as county roads.

(1) Unless otherwise provided under ORS 368.036, a public road that is designated as a county road after August 2, 1951, shall be 50 feet or any greater width the county governing body establishes. The proposed width shall be stated in all petitions or notices that initiate consideration of the designation of a road as a county road. The width established for a road shall be stated in orders or resolutions accepting the road as a county road under ORS 368.016.
(2) After a resolution or order designating a public road as a county road is final, the county shall maintain the public road as a county road. [Formerly 368.415]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.046 - Employment of county road official; duties.

(1) A county governing body may employ an engineer or practical road builder as a county road official.
(2) A county road official shall work under the direction of the county governing body and shall:
(a) Assist the county governing body in preparing specifications for county work to be done on any road within the county;
(b) Superintend work done by the county upon roads within the county, whether the work is done under contract or otherwise;
(c) Recommend to the county governing body methods to be adopted for the construction, improvement, repair and maintenance of roads; and
(d) Perform other duties assigned by the county governing body. [1981 c.153 §9]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.051 - Accounting for county road work.

The county road official or such other person as may be designated by the county governing body shall maintain a complete and accurate cost account for road work performed by the county as required under ORS 279C.305. [Formerly 368.150; 2003 c.794 §267]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.056 - Permit for gate construction on public road.

A county governing body may issue a permit to a person to allow construction of a gate or stock guard on a public road under the jurisdiction of the county governing body. The county governing body may impose any conditions or specifications on the permit it determines advisable to preserve the purposes of the public road. Conditions on a permit under this section may include a requirement that the person issued the permit shall bear all costs of construction and maintenance of the gate or stock guard. [1981 c.153 §33]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.073 - Initiation of proceedings to acquire property for road purposes.

A county governing body may initiate proceedings to acquire title or a lesser interest in real property for public road purposes:
(1) On its own action; or
(2) If a person files the following with the county governing body:
(a) A petition described in ORS 368.081; or
(b) A written proposal to dedicate or donate land owned by that person for public road purposes. [1981 c.153 §10]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 368 - County Roads › Section 368.081 - Requirements for petition to initiate road proceedings; fees.

(1) A petition to initiate proceedings under ORS 368.073 must contain all of the following:
(a) A statement of the public necessity for the public road.
(b) A description of the proposed public road.
(c) A list containing the names and mailing addresses of any owner of property that:
(A) Is proposed to be acquired for the public road;
(B) Abuts the proposed public road; or
(C) Would otherwise be affected by the proposed acquisition of property for the public road.
(d) The signatures and mailing addresses of a majority of the owners of property that would abut the proposed road.
(2) The petition described under this section is subject to the following:
(a) Where a signature from an owner is required, the signature of an owner of property that has multiple ownership is valued as a fraction of an owner signature for that property in the same proportion as that owner’s interest in the property bears to the interest of all other owners of the same property.
(b) Any person signing the petition may withdraw the signature by filing a written withdrawal with the county governing body.
(c) A signature that is required on the petition does not qualify for purposes of the petition if the signature is withdrawn or if the person whose signature appears on the petition files an objection under ORS 368.091.
(3) A county governing body may establish and require payment of a fee for the filing of a petition under this section. [1981 c.153 §11]