ORS 824.045¹
Department establishment of system safety program for rail fixed guideway system
  • fee
  • rules

(1) Except as provided in ORS 479.950 (Minimum safety standards), the Department of Transportation, by rule, shall establish a system safety program standard that applies to any municipal corporation that owns or operates a rail fixed guideway system that is not regulated by the Federal Railroad Administration. The Department of Transportation is designated as the state agency to monitor compliance with the standard, as required by federal law.

(2) As used in this section, "municipal corporation" means:

(a) A county;

(b) A city;

(c) A special district organized under ORS 198.705 (Definitions for ORS 198.705 to 198.955) to 198.845 (Costs);

(d) A mass transit district organized under ORS 267.010 (Definitions for ORS 267.010 to 267.390) to 267.390 (Acceptance of funds from United States);

(e) A transportation district organized under ORS 267.510 (Definitions for ORS 267.510 to 267.650) to 267.650 (Finance elections);

(f) A metropolitan service district organized under ORS chapter 268;

(g) A port organized under ORS 777.005 (Definitions for ORS 777.005 to 777.725 and 777.915 to 777.953) to 777.725 (Borrowing money to pay bonus) or 777.915 (Definitions for ORS 777.915 to 777.953) to 777.953 (Annexation); or

(h) The Port of Portland created by ORS 778.010 (District known as Port of Portland).

(3) The department shall set an annual fee for operators of rail fixed guideway systems to defray the costs of the safety program described in subsection (1) of this section and the costs associated with department responsibilities under ORS 267.230 (Exemption from public utility or railroad regulation) (2). The department shall establish by rule the manner and timing of the collection of the fee. Fees collected by the department that are in excess of the combined actual cost of the safety program and the costs associated with department responsibilities under ORS 267.230 (Exemption from public utility or railroad regulation) (2) shall be refunded to operators of rail fixed guideway systems within one year following the end of the fiscal year in which the department collected the excess fees. In lieu of a refund, an operator of a rail fixed guideway system may choose to have the excess fees credited against the subsequent year’s fee payment. [1995 c.29 §3; 1997 c.275 §43; 2001 c.522 §11]

1 Legislative Counsel Committee, CHAPTER 824—Railroads, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­824.­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.
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