2007 ORS 391.311¹
Effect of compact on powers and privileges of mass transit districts in Oregon and Washington

(1) A mass transit district established under ORS 267.010 (Definitions for ORS 267.010 to 267.390) to 267.390 (Acceptance of funds from United States), when operating under the authority or direction of the Columbia River Light Rail Transit Authority established under the Columbia River Light Rail Transit Compact ratified by ORS 391.301 (Ratification of compact), retains all the rights, powers, privileges and immunities conferred upon the district by ORS 267.010 (Definitions for ORS 267.010 to 267.390) to 267.390 (Acceptance of funds from United States) to the extent that those rights, powers, privileges and immunities are consistent with the provisions of the Columbia River Light Rail Transit Compact.

(2) A mass transit agency organized under the laws of the State of Washington, when operating in Oregon under the authority or direction of the Columbia River Light Rail Transit Authority established under the Columbia River Light Rail Transit Compact ratified by ORS 391.301 (Ratification of compact), may exercise all of the rights, powers, privileges and immunities conferred upon a mass transit district by ORS 267.010 (Definitions for ORS 267.010 to 267.390) to 267.390 (Acceptance of funds from United States) to the extent that those rights, powers, privileges and immunities are consistent with the provisions of the Columbia River Light Rail Transit Compact. [1996 c.13 §3]

Note: Sections 17 to 21, chapter 746, Oregon Laws 2007, provide:

Sec. 17. As used in sections 17 to 21 of this 2007 Act:

(1) "Preconstruction" means project design and engineering or right-of-way acquisition that is undertaken prior to entering a construction contract.

(2) "Southeast Metropolitan Extension Project" means each stage of the preconstruction activities and construction activities, including but not limited to design, engineering, right-of-way acquisition and procurement and installation of components, to extend light rail between Portland and Clackamas County.

(3) "Tri-Met" means the Tri-County Metropolitan Transportation District of Oregon, a mass transit district created under ORS chapter 267. [2007 c.746 §17]

Sec. 18. (1) In addition to amounts authorized under ORS 286.505 to 286.545 [series repealed], for the biennium beginning July 1, 2007, the State Treasurer may issue lottery bonds pursuant to ORS 286.560 to 286.580 [renumbered 286A.560 (Definitions for ORS 286A.560 to 286A.585 and 327.700 to 327.711) to 286A.585 (Lottery bonds for community sports facilities)] in the amount of $250 million for payment of the expenses of the Southeast Metropolitan Extension Project, plus an additional amount to be estimated by the State Treasurer for payment of bond-related costs of the Oregon Department of Administrative Services, the Department of Transportation and the State Treasurer.

(2) Lottery bonds authorized under this section shall be issued no later than June 30, 2009, at the request of the Director of Transportation in accordance with the grant agreement described in section 21 of this 2007 Act. If the requirements specified in section 21 of this 2007 Act have not been met by June 30, 2009, the lottery bonds authorized under this section may not be issued.

(3) Net proceeds of lottery bonds issued under this section, in the amount of $250 million, shall be deposited in the Southeast Metropolitan Extension Project Fund established by section 20 of this 2007 Act.

(4) The bond-related costs of the Oregon Department of Administrative Services, the Department of Transportation and the State Treasurer for the lottery bonds authorized by this section shall be paid from the gross proceeds of lottery bonds issued under subsection (2) of this section and from allocations under ORS 286.576 (1)(c). [2007 c.746 §18]

Sec. 19. The Legislative Assembly finds that:

(1) The Southeast Metropolitan Extension Project will accomplish the purposes of creating jobs and furthering economic development in Oregon because:

(a) Construction and operation of the Southeast Metropolitan Extension Project will reduce traffic congestion on existing highways and roads, improving the attractiveness of the metropolitan area to new businesses and supporting the operations and prosperity of existing businesses;

(b) Construction and operation of the Southeast Metropolitan Extension Project will reduce the cost and time required for family wage earners to commute to work, permitting more of Oregon’s workforce to obtain jobs for which these workers are qualified; and

(c) Authorization of the issuance of lottery bonds for the Southeast Metropolitan Extension Project will increase the likelihood of receiving federal funds for the Southeast Metropolitan Extension Project that add new revenues that will directly benefit Oregon’s construction industry.

(2) The factors described in subsection (1) of this section will encourage and promote economic development within the State of Oregon, and issuance of lottery bonds to finance the Southeast Metropolitan Extension Project is therefore an appropriate use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.510 (State Lottery Fund). [2007 c.746 §19]

Sec. 20. The Southeast Metropolitan Extension Project Fund is established separate and distinct from the General Fund. The moneys in the Southeast Metropolitan Extension Project Fund and the interest earnings on the fund are continuously appropriated to the Department of Transportation for the purposes described in section 21 of this 2007 Act and for the purpose of paying the administrative expenses incurred by the department by entering into and administering the grant agreement authorized under section 21 of this 2007 Act. The fund consists of moneys deposited into the fund under section 18 of this 2007 Act and may include fees, moneys or other revenues available for payment of expenses of the Southeast Metropolitan Extension Project from the United States Department of Transportation or the Federal Highway Administration. [2007 c.746 §20]

Sec. 21. (1) The Director of Transportation shall enter into a grant agreement with Tri-Met no later than June 30, 2009, that requires the Department of Transportation to disburse to Tri-Met from the Southeast Metropolitan Extension Project Fund established by section 20 of this 2007 Act an aggregate amount of $250 million, plus interest earnings on moneys in the fund, over the course of the Southeast Metropolitan Extension Project to pay for costs of the project.

(2) Disbursements from the fund authorized by this section shall be made when:

(a) Moneys are available in the fund;

(b) Tri-Met has entered into one or more contracts for the design, construction or acquisition of components of the Southeast Metropolitan Extension Project; and

(c) The director determines that:

(A) Tri-Met has entered into necessary intergovernmental agreements with local governments and can demonstrate it has sufficient financing to complete the preconstruction or construction phase of the Southeast Metropolitan Extension Project for which funds are requested;

(B) Tri-Met has agreed as part of the grant agreement authorized by this section that Tri-Met will not request or accept any state General Fund moneys for the Southeast Metropolitan Extension Project; and

(C) Except for land required for right-of-way acquisition, Tri-Met has obtained the land use final order for the phase of the project for which disbursements are requested.

(3) After a determination by the director that Tri-Met has met all of the conditions described in subsection (2) of this section, the department shall disburse to Tri-Met from the Southeast Metropolitan Extension Project Fund the amount requested by Tri-Met until all moneys in the fund have been disbursed to Tri-Met.

(4) The state is not liable to the lenders, vendors or contractors of Tri-Met for any action or omission under sections 18 to 21 of this 2007 Act or the grant agreement authorized by this section, except for a failure to allocate and deposit in the Southeast Metropolitan Extension Project Fund amounts authorized by section 18 of this 2007 Act or to disburse from the fund to Tri-Met amounts required by this section and the grant agreement authorized by this section. [2007 c.746 §21]

1 Legislative Counsel Committee, CHAPTER 391—Mass Transportation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­391.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.