2007 ORS 391.830¹
Use of funds to finance and improve transportation for elderly individuals and individuals with disabilities

(1)(a) Each mass transit district and transportation district that receives moneys from the Department of Transportation under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) (1) or (2)(b), after providing for costs of administration in an amount determined under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) (2)(a), shall distribute the moneys to providers of transportation for the purpose of financing and improving transportation programs and services for elderly individuals and individuals with disabilities, who reside in the district and the county in which all or a portion of the district is located. The moneys received under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) (1) and (2)(b) and distributed to providers of transportation in areas within the counties in which the district is located but outside the boundaries of the district shall be that share of all moneys received by the district as the population of those counties residing outside the district, as determined by the last federal decennial census, bears to the total population of the counties.

(b) Each county that receives moneys from the department under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) (1) or (2)(b), after providing for costs of administration in an amount determined under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) (2)(a) shall distribute the moneys to providers of transportation for the purpose of financing and improving transportation programs and services for elderly individuals and individuals with disabilities, who reside in the county.

(c) Each Indian tribe that receives moneys from the department under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) (1) or (2)(b), after providing for costs of administration in an amount determined under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) (2)(a), shall use the moneys for the purpose of financing and improving transportation programs and services for elderly individuals and individuals with disabilities, who are served by the Indian tribe.

(2) The governing body of a district, Indian tribe or county, after consultation with the advisory committee it appointed under ORS 391.820 (Advisory committees), shall determine the amount of money to be distributed to a provider of transportation and the purposes for which the money must be used. Moneys received under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) (2)(c) shall be used for the purposes for which received as indicated in the directive from the Oregon Transportation Commission as described under ORS 391.815 (Discretionary grant account). All moneys received under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) shall be distributed and used consistent with rules adopted by the Department of Transportation under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) (4).

(3) A provider of transportation receiving funds prior to January 1, 1986, from a governmental unit or agency for purposes related to the transportation needs of elderly individuals or individuals with disabilities is eligible to receive moneys from a district, Indian tribe or county under this section.

(4) Moneys distributed to providers of transportation under this section may be used for the following purposes:

(a) Maintenance of existing transportation programs and services for elderly individuals or individuals with disabilities.

(b) Expansion of such programs and services.

(c) Creation of new programs and services.

(d) Planning for, and development of, access to transportation for elderly individuals and individuals with disabilities who are not currently served by transportation programs and services.

(5) Except in the case of a uniform budget reduction or upon order or other authorization of the department, the increase in moneys received under ORS 391.810 (Distribution of funds to districts, Indian tribes and counties) under this section and ORS 323.030 (Tax imposed), 323.455 (Distribution of certain cigarette tax revenues), 391.810 (Distribution of funds to districts, Indian tribes and counties) and 391.815 (Discretionary grant account) may not be used to supplant moneys currently appropriated by counties, Indian tribes or districts for transportation projects for elderly individuals or individuals with disabilities.

(6) As used in this section, "provider of transportation" includes a city, county, district, Indian tribe or any other person or agency, whether public or private, that maintains, operates or sponsors vehicles and facilities for the transportation of passengers for profit or on a nonprofit or voluntary basis. [1985 c.816 §12; 1989 c.224 §69; 1989 c.866 §11; 2003 c.613 §2; 2003 c.751 §7; 2007 c.70 §156]

Note: Sections 22 to 24, chapter 746, Oregon Laws 2007, provide:

Sec. 22. (1) In addition to the amounts authorized under ORS 286.505 to 286.545 [series repealed], for the biennium beginning July 1, 2007, at the request of the Director of Transportation, 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)] to provide funding for grants authorized under section 23 of this 2007 Act.

(2) The use of lottery bond proceeds as provided in subsection (1) of this section will create jobs and further economic development in the State of Oregon and is a lawful use of lottery funds under section 4, Article XV of the Oregon Constitution, because:

(a) There is an emerging market for streetcar manufacturing within the United States.

(b) Oregon’s manufacturing sector is in a unique position to enter into or enhance its participation in this specialized market.

(c) Manufacturing 20 streetcar vehicles per year for the next 10 to 15 years is projected to create 300 permanent manufacturing jobs in Oregon.

(d) By entering into or enhancing their participation in this market, Oregon manufacturers will create jobs for Oregon residents.

(3) The aggregate principal amount of lottery bonds issued pursuant to this section may not exceed $20 million, plus an additional amount to be estimated by the State Treasurer for payment of bond-related costs of the Department of Administrative Services, the Department of Transportation and the State Treasurer.

(4) Lottery bonds issued under this section shall be issued no later than June 30, 2009, at the request of the director in accordance with the grant agreement described in section 23 of this 2007 Act.

(5) The net proceeds of lottery bonds issued pursuant to this section shall be deposited in the Oregon Streetcar Project Fund established by section 23 of this 2007 Act and used only for the purposes specified in section 23 (3) of this 2007 Act and for bond-related costs. [2007 c.746 §22]

Sec. 23. (1) The Oregon Streetcar Project Fund is established separate and distinct from the General Fund. Interest earned on moneys in the Oregon Streetcar Project Fund shall be credited to the Oregon Streetcar Project Fund.

(2) The Oregon Streetcar Project Fund shall consist of lottery bond proceeds deposited in the fund, earnings on the fund and any other moneys appropriated to the fund by the Legislative Assembly.

(3) The moneys in the Oregon Streetcar Project Fund are continuously appropriated to the Department of Transportation for the purposes of:

(a) Making grants to municipalities, as defined in ORS 285B.410 (Definitions for ORS 285B.410 to 285B.482), to provide streetcars for public transit systems; and

(b) Paying the administrative costs incurred by the department in administering the grant program.

(4) Funds for grants authorized under this section may be disbursed only when:

(a) Funds are available in the Oregon Streetcar Project Fund;

(b) The grant recipient has applied for the funding using the application procedures adopted by the department by rule and has entered into a grant agreement with the department that:

(A) Requires the applicant to operate a public transit system that includes streetcars that are available to the public;

(B) Requires that grant funds be used only for the costs of purchasing newly constructed streetcars from an Oregon-based and Oregon-owned manufacturer; and

(C) Includes any other provisions the department determines necessary to implement the purposes of this section and to protect the interest of the public; and

(c) The Director of Transportation determines that the purchase of streetcars as contemplated in the grant agreement will result in the creation or maintenance of jobs with Oregon manufacturers of streetcars. If the director determines that there are no Oregon manufacturers of streetcars, the director may decline to request the issuance of bonds authorized under section 22 of this 2007 Act or may authorize grant agreements that include the purchase of streetcars from out-of-state manufacturers. [2007 c.746 §23]

Sec. 24. (1) The Department of Transportation shall study the effect of grants authorized by section 23 of this 2007 Act on the creation or maintenance of jobs in Oregon, and shall file semiannual reports with the Oregon Transportation Commission on the findings of the studies conducted.

(2) The department shall adopt rules and develop policies and grant application procedures necessary to achieve the goals of the grant program. [2007 c.746 §24]

_______________

CHAPTERS 392 TO 395

[Reserved for expansion]

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.