2007 ORS § 367.621¹
Use of private sector resources in specified work

It is the policy of the State of Oregon to use increased revenues from the amendments to ORS 803.090 (Fees for transfer and certificate issuance), 803.420 (Registration fees), 818.225 (Road use assessment fee for single-trip nondivisible load permittee), 825.476 (Carrier tax tables) and 825.480 (Substitute taxes for certain vehicles) by sections 1 to 5, chapter 618, Oregon Laws 2003, in a manner that maximizes the creation of new jobs. Each public body, as defined in ORS 174.109 ("Public body" defined), that receives moneys from the revenues generated by the amendments to ORS 803.090 (Fees for transfer and certificate issuance), 803.420 (Registration fees), 818.225 (Road use assessment fee for single-trip nondivisible load permittee), 825.476 (Carrier tax tables) and 825.480 (Substitute taxes for certain vehicles) by sections 1 to 5, chapter 618, Oregon Laws 2003, shall use private sector resources to the greatest extent possible in accomplishing the work funded by revenues from the amendments to ORS 803.090 (Fees for transfer and certificate issuance), 803.420 (Registration fees), 818.225 (Road use assessment fee for single-trip nondivisible load permittee), 825.476 (Carrier tax tables) and 825.480 (Substitute taxes for certain vehicles) by sections 1 to 5, chapter 618, Oregon Laws 2003. [2003 c.618 §41]

Note: 367.621 (Use of private sector resources in specified work) 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.

Note: Sections 10 to 13, chapter 618, Oregon Laws 2003, provide:

Sec. 10. (1) Proceeds of bonds authorized under ORS 367.620 (Limitation on bond amount) (3)(a) shall be used as follows:

(a) Replacement and repair of bridges on state highways, $1.3 [bad link] billion. The Oregon Transportation Commission shall choose projects under this paragraph that meet the criteria for freight mobility projects as defined in section 37 of this 2003 Act [184.611 (Freight mobility projects)].

(b) Replacement and repair of bridges on county and city highways, $300 million. The commission shall choose projects under this paragraph that meet the criteria for freight mobility projects as defined in section 37 of this 2003 Act. In determining which bridges to replace or repair under this paragraph, the commission shall consult with representatives of local governments.

(2) Except as otherwise provided in section 11 of this 2003 Act, proceeds of bonds authorized under ORS 367.620 (Limitation on bond amount) (3)(b) shall be used for the modernization program described in ORS 366.507 (Modernization program). The commission shall give funding priority for modernization projects funded with the proceeds of bonds authorized under ORS 367.620 (Limitation on bond amount) (3)(b) to projects that are ready for construction. [2003 c.618 §10]

Sec. 11. (1) The Oregon Transportation Commission shall use $100 million of the net proceeds of bonds authorized under ORS 367.620 (Limitation on bond amount) (3)(b):

(a) For the capitalizable cost of planning, development, design and construction of projects recommended by the Freight Advisory Committee created by section 2, chapter 240, Oregon Laws 2001 [366.212 (Freight Advisory Committee)].

(b) To provide or improve access to industrial land sites. In selecting sites under this paragraph, the commission shall consult with the Economic and Community Development Department and local governments and shall give preference to sites for which local matching moneys are available.

(c) To provide or improve access to sites where jobs can be created.

(2) Notwithstanding ORS 366.507 (Modernization program) (4)(b), projects selected under this section need not be equitably distributed throughout the state. [2003 c.618 §11]

Sec. 12. (1) In order to facilitate the replacement and repair of bridges described in section 10 of this 2003 Act, the Department of Transportation, after consultation with affected road authorities, may designate temporary detour routes, and may specify conditions of travel, over highways that are not state highways.

(2) Prior to directing traffic onto a detour route chosen under this section, the department may repair or reconstruct the highways chosen as detour routes if the repair or reconstruction will be cost-effective in minimizing or preventing damage from the increased traffic on the detour route.

(3) The department shall repair damage to highways that are designated as detour routes under this section if the damage results from the increase in traffic caused by the detour.

(4) The department may exercise the authority granted under this section for as long as the replacement and repair of bridges described in section 10 of this 2003 Act continues, or until January 2, 2013, whichever comes first. [2003 c.618 §12]

Sec. 13. Section 12 of this 2003 Act is repealed on January 2, 2013. [2003 c.618 §13]

Note: Section 1, chapter 486, Oregon Laws 2005, provides:

Sec. 1. (1) If the Department of Transportation does not need the total $1.3 [bad link] billion in bond proceeds authorized by section 10 (1), chapter 618, Oregon Laws 2003, for replacement and repair of the bridges described in subsection (2) of this section, the department shall use the proceeds not needed for the bridges as follows:

(a) Seventy-five percent for highway projects of statewide significance that are on the list adopted by the Oregon Transportation Commission in May 2002; and

(b) Twenty-five percent for freight projects that the Freight Advisory Committee considered under section 11 (1)(a), chapter 618, Oregon Laws 2003.

(2) The bridges for which the bond proceeds described in subsection (1) of this section may be used are those bridges identified on the document issued by the Department of Transportation titled "Oregon Transportation Investment Act, State Bridge Projects, Summary of Progress on Bridges in Stages 1-5," and dated January 2005. [2005 c.486 §1]