2017 ORS 366.506¹
Highway cost allocation study
  • purposes
  • design
  • report
  • use of report by Legislative Assembly

(1) Once every two years, the Oregon Department of Administrative Services shall conduct either a full highway cost allocation study or an examination of data collected since the previous study. The purposes of the study or examination of data are to determine:

(a) The proportionate share that the users of each class of vehicle should pay for the costs of maintenance, operation and improvement of the highways, roads and streets in the state; and

(b) Whether the users of each class are paying that share.

(2) The department may use any study design it determines will best accomplish the purposes stated in subsection (1) of this section. In designing the study the department may make decisions that include, but are not limited to, the methodology to be used for the study, what constitutes a class of vehicle for purposes of collection of data under subsections (1) to (4) of this section and the nature and scope of costs that will be included in the study.

(3) The department may appoint a study review team to participate in the study or examination of data required by subsection (1) of this section. The team may perform any functions assigned by the department, including but not limited to consulting on the design of the study.

(4) A report on the results of the study or examination of data shall be submitted to the legislative revenue committees and the legislative committees with primary responsibility for transportation by January 31 of each odd-numbered year.

(5) The Legislative Assembly shall use the report described in subsections (1) to (4) of this section to determine whether adjustments to revenue sources described in section 3a (3), Article IX of the Oregon Constitution, are needed in order to carry out the purposes of section 3a (3), Article IX of the Oregon Constitution. If such adjustments are needed, the Legislative Assembly shall enact whatever measures are necessary to make the adjustments. [2003 c.755 §§1,2]

Note: 366.506 (Highway cost allocation study) 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.

Note: Section 119, chapter 750, Oregon Laws 2017, provides:

Sec. 119. (1) The Oregon Department of Administrative Services shall conduct a study to determine the feasibility of performing a highway cost allocation study within the boundaries of a county, Metro and Tri-Met, but otherwise as described in ORS 366.506 (Highway cost allocation study), with respect to revenue raised within the county, Metro and Tri-Met, respectively, that is subject to Article IX, section 3a (3), of the Oregon Constitution. The department may consult with any public or private body the department considers necessary or appropriate for conducting the study required under this section.

(2) The department shall submit a report, in the manner provided in ORS 192.245 (Form of report to legislature), containing the results of the study required under this section to the Joint Committee on Transportation established under section 26 of this 2017 Act [171.858 (Joint Committee on Transportation)] not later than September 15, 2018. [2017 c.750 §119]

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/­ors/­ors366.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 366, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano366.­html (2017) (last ac­cessed Mar. 30, 2018).
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.