2017 ORS 367.080¹
Connect Oregon Fund

(1) As used in ORS 367.080 (Connect Oregon Fund) to 367.089 (Reimbursement from State Parks and Recreation Department for certain grants):

(a) “Bicycle” has the meaning given that term in ORS 801.150 (“Bicycle”).

(b) “Private entity” means any entity that is not a public body, including but not limited to a corporation, partnership, company, nonprofit organization or other legal entity or natural person.

(c) “Public body” has the meaning given that term in ORS 174.109 (“Public body” defined).

(d) “Statewide significance” means a transportation project that:

(A) Benefits the regional and statewide economy; and

(B) Sustains employment within the community or region in which the transportation project is located beyond the employment associated with construction or implementation of the project.

(e) “Transportation project” means a project or undertaking for transit, rail, marine, aviation and bicycle and pedestrian capital infrastructure, including bridges, paths and ways, or a project that facilitates the transportation of materials, animals or people. A transportation project does not include costs associated with operating expenses or the purchase of bicycles.

(2) The Connect Oregon Fund is established in the State Treasury, separate and distinct from the General Fund. Earnings on moneys in the Connect Oregon Fund shall be deposited into the fund. Moneys in the Connect Oregon Fund are continuously appropriated to the Department of Transportation for the purposes described in subsection (3) of this section and in ORS 367.086 (Administration of projects). The fund consists of the following:

(a) Moneys transferred to the fund under ORS 320.435 (Deposit of revenue from motor vehicle privilege and use taxes) and 320.440 (Deposit of revenue from excise tax on bicycles).

(b) Moneys appropriated to the fund by the Legislative Assembly.

(c) Earnings on moneys in the fund.

(d) Lottery bond proceeds.

(e) Moneys from any other source.

(3) The department shall use moneys in the Connect Oregon Fund to provide grants for transportation projects as provided in ORS 367.080 (Connect Oregon Fund) to 367.089 (Reimbursement from State Parks and Recreation Department for certain grants). Grants may be provided only for projects that involve one or more of the following modes of transportation:

(a) Air;

(b) Marine;

(c) Rail; and

(d) Bicycle and pedestrian. [2005 c.816 §1; 2013 c.765 §1; 2015 c.707 §1; 2017 c.750 §78]

Note: 367.080 (Connect Oregon Fund) to 367.089 (Reimbursement from State Parks and Recreation Department for certain grants) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 367 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 8 and 9, chapter 748, Oregon Laws 2017, provide:

Sec. 8. (1) For the biennium beginning July 1, 2017, at the request of the Oregon Department of Administrative Services, in consultation with the Department of Transportation, the State Treasurer is authorized to issue lottery bonds pursuant to ORS 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 an amount that produces $30 million in net proceeds and interest earnings for the purpose described in subsection (2) of this section, plus an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs.

(2) Net proceeds of lottery bonds issued pursuant to this section and interest earnings must be transferred to the Department of Transportation for deposit in the Connect Oregon Fund established under ORS 367.080 (Connect Oregon Fund) in an amount sufficient to provide $30 million for the department to finance grants for transportation projects as provided in ORS 367.080 (Connect Oregon Fund) to 367.086 (Administration of projects) [series became 367.080 (Connect Oregon Fund) to 367.089 (Reimbursement from State Parks and Recreation Department for certain grants)].

(3) Bond-related costs for the lottery bonds authorized by this section must be paid from the gross proceeds of the lottery bonds and from allocations for the purposes of ORS 286A.576 (Allocation of lottery moneys for lottery bonds) (1)(c).

(4) The Legislative Assembly finds that issuing lottery bonds to finance transportation projects pursuant to this section is essential to promoting the state’s economic development, and the use of lottery bond proceeds is authorized based on the following findings:

(a) There is an urgent need to improve and expand publicly owned and privately owned transportation infrastructure to support economic development in this state.

(b) A safe, efficient and reliable transportation network supports the long-term economic development and livability of this state.

(c) A multimodal network of transportation options moves people and goods efficiently.

(d) Local governments and private sector businesses often lack capital and the technical capacity to undertake multimodal transportation projects.

(e) Public financial assistance can stimulate industrial growth and commercial enterprise and promote employment opportunities in this state.

(f) Public investment in transportation infrastructure will create jobs and further economic development in this state.

(g) The use of lottery bond proceeds as provided in this section will create jobs, further economic development, finance public education or restore and protect parks, beaches, watersheds and native fish and wildlife within Oregon, and issuance of lottery bonds for the purpose described in this section is therefore an appropriate use of state lottery funds under Article XV, section 4, of the Oregon Constitution, and ORS 461.510 (State Lottery Fund). [2017 c.748 §8]

Sec. 9. To the extent that proposed transportation projects meet the qualifications established by the Oregon Transportation Commission by rule, the commission shall allocate at least 10 percent of the net proceeds of the lottery bonds authorized by section 8 of this 2017 Act to each region described in this section. For purposes of this section, the regions are as follows:

(1) Region one consists of Clackamas, Hood River, Multnomah and Washington Counties.

(2) Region two consists of Benton, Clatsop, Columbia, Lane, Lincoln, Linn, Marion, Polk, Tillamook and Yamhill Counties.

(3) Region three consists of Coos, Curry, Douglas, Jackson and Josephine Counties.

(4) Region four consists of Crook, Deschutes, Gilliam, Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties.

(5) Region five consists of Baker, Grant, Harney, Malheur, Morrow, Umatilla, Union and Wallowa Counties. [2017 c.748 §9]

Note: Section 71f, chapter 750, Oregon Laws 2017, provides:

Sec. 71f. (1) Notwithstanding ORS 367.080 (Connect Oregon Fund) to 367.086 (Administration of projects) [series became 367.080 (Connect Oregon Fund) to 367.089 (Reimbursement from State Parks and Recreation Department for certain grants)] and subject to subsection (3) of this section and the availability of funds, the Department of Transportation shall first distribute the moneys in the Connect Oregon Fund, other than moneys dedicated for purposes described in Article XV, section 4a, of the Oregon Constitution, for the projects listed in subsection (2) of this section.

(2) The department shall distribute the following amounts for the projects listed below:

______________________________________________________________________________

(a) Mid-Willamette Valley

Intermodal Facility $ 25 million

(b) Treasure Valley

Intermodal Facility $ 26 million

(c) Rail expansion in

East Beach Industrial Park

at the Port of Morrow $ 6.55 million

(d) Extend Brooks rail siding $ 2.6 million

______________________________________________________________________________

(3) No later than January 1, 2020, to receive a distribution under this section, a potential recipient of moneys shall prepare and submit a plan to the Oregon Transportation Commission. At a minimum, the plan submitted must certify when and how the potential recipient plans to spend the moneys for the project with no more than five percent of the allocated funds to be available to recipients for development of the plan. The commission shall promptly review any submitted plans and if the commission approves the plan, the Department of Transportation shall distribute the moneys after adopting an agreement with the recipient. The agreement shall follow rules adopted by the commission for projects that receive grants from the Connect Oregon Fund.

(4) After the distributions, if any, are made under this section, the remainder of the moneys in the Connect Oregon Fund shall be distributed as described in ORS 367.080 (Connect Oregon Fund) to 367.086 (Administration of projects). [2017 c.750 §71f]

1 Legislative Counsel Committee, CHAPTER 367—Transportation Financing; Projects, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors367.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.