ORS 366.772¹
Allocation of moneys to counties with road funding deficit

(1) Not later than July 31 in each calendar year, the sum of $500,000 shall be withdrawn from the appropriation specified in ORS 366.762 (Appropriation from highway fund for counties), and the sum of $250,000 shall be withdrawn from moneys available to the Department of Transportation from the State Highway Fund. The sums withdrawn shall be set up in a separate account to be administered by the Department of Transportation.

(2) Not later than July 31 in each calendar year, the sum of $750,000 shall be withdrawn from the separate account described in subsection (1) of this section and distributed to counties that had a county road base funding deficit in the prior fiscal year. A county’s share of the $750,000 shall be based on the ratio of the amount of the county’s road base funding deficit to the total amount of county road base funding deficits of all counties.

(3) Moneys allocated as provided in this section may be used only for maintenance, repair and improvement of existing roads.

(4) As used in this section:

(a) "Arterial highway" has the meaning given that term in ORS 801.127 ("Arterial").

(b) "Collector highway" has the meaning given that term in ORS 801.197 ("Collector").

(c) "County road base funding deficit" means the amount of a county’s minimum county road base funding minus the amount of that county’s dedicated county road funding. A county has a county road base funding deficit only if the amount of the dedicated county road funding is less than the amount of the minimum county road base funding.

(d) "Dedicated county road funding" for a county means:

(A) Moneys received from federal forest reserves and apportioned to the county road fund in accordance with ORS 294.060 (Apportionment of moneys received by counties from federal forest reserves to road and school funds);

(B) State Highway Fund moneys distributed to the county, other than moneys distributed under this section and not including moneys allocated under section 15, chapter 911, Oregon Laws 2007; and

(C) Federal Highway Administration revenues allocated by formula to the county annually under the federal-aid highway program authorized by 23 U.S.C. chapter 1. These moneys do not include federal funds received by the county through a competitive grant process.

(e) "Minimum county road base funding" means $4,500 per mile of county roads that are arterial and collector highways beginning on July 1, 2008, and thereafter means $4,500 per mile of county roads that are arterial and collector highways as adjusted annually on the basis of the Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor. [Formerly 366.541; 2007 c.911 §14]

Note: The amendments to 366.772 (Allocation of moneys to counties with road funding deficit) by section 20, chapter 618, Oregon Laws 2003, and section 14, chapter 911, Oregon Laws 2007, become operative July 1, 2008. See section 21, chapter 618, Oregon Laws 2003. The text that is operative until July 1, 2008, is set forth for the user’s convenience.

366.772 (Allocation of moneys to counties with road funding deficit). (1) Not later than July 31 in each calendar year, the sum of $750,000 shall be withdrawn from the appropriation specified in ORS 366.762 (Appropriation from highway fund for counties), and the sum of $250,000 shall be withdrawn from moneys available to the Department of Transportation from the State Highway Fund. The sums withdrawn shall be set up in a separate account to be administered by the Department of Transportation.

(2) Not later than July 31 in each calendar year, the sum of $1 million shall be withdrawn from the separate account described in subsection (1) of this section and distributed to counties that had a county road base funding deficit in the prior fiscal year. A county’s share of the $1 million shall be based on the ratio of the amount of the county’s road base funding deficit to the total amount of county road base funding deficits of all counties.

(3) Moneys allocated as provided in this section may be used only for maintenance, repair and improvement of existing roads.

(4) As used in this section:

(a) "County road base funding deficit" means the amount of a county’s minimum county road base funding minus the amount of that county’s dedicated county road funding. A county has a county road base funding deficit only if the amount of the dedicated county road funding is less than the amount of the minimum county road base funding.

(b) "Dedicated county road funding" for a county means:

(A) Moneys received from federal forest reserves and apportioned to the county road fund in accordance with ORS 294.060 (Apportionment of moneys received by counties from federal forest reserves to road and school funds);

(B) State Highway Fund moneys distributed to the county, other than moneys distributed under this section; and

(C) Federal Highway Administration revenues allocated by formula to the county annually under the federal-aid highway program authorized by 23 U.S.C. chapter 1. These moneys do not include federal funds received by the county through a competitive grant process.

(c) "Minimum county road base funding" means $1 million beginning on July 1, 2003, and thereafter means $1 million as adjusted annually on the basis of the Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor.

Note: 366.772 (Allocation of moneys to counties with road funding deficit) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 366

Atty. Gen. Opinions

Use and distribu­tion of State Highway Fund, (1975) Vol 37, p 599

1 Legislative Counsel Committee, CHAPTER 366—State Highways and State Highway Fund, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors366.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 366, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­366ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information