2017 ORS 383.004¹
Establishment of tolls
  • rules

(1) Except as provided in subsection (2) of this section, a toll may not be established unless the Oregon Transportation Commission has reviewed and approved the toll. The commission shall adopt rules specifying the process under which proposals to establish tolls will be reviewed. When reviewing a proposal to establish tolls, the commission shall take into consideration:

(a) The amount and classification of the traffic using, or anticipated to use, the tollway;

(b) The amount of the toll proposed to be established for each class or category of tollway user and, if applicable, the different amounts of the toll depending on time and day of use;

(c) The extent of the tollway, including improvements necessary for tollway operation and improvements necessary to support the flow of traffic onto or off of the tollway;

(d) The location of toll plazas or toll collection devices to collect the toll for the tollway;

(e) The cost of constructing, reconstructing, improving, installing, maintaining, repairing and operating the tollway;

(f) The amount of indebtedness incurred for the construction of the tollway and debt service requirements, if any;

(g) The value of assets, equipment and services required for the operation of the tollway;

(h) The period of time during which the toll will be in effect;

(i) The process for altering the amount of the toll during the period of operation of the tollway;

(j) The method of collecting the toll; and

(k) The rate of return that would be fair and reasonable for a private equity holder, if any, in the tollway.

(2)(a) Nothing in ORS 383.003 (Definitions for ORS 383.003 to 383.075) to 383.075 (Driver records and information used to collect and enforce tolls) prohibits a city or county from establishing a toll on any highway, as defined in ORS 801.305 (“Highway”), that the city or county has jurisdiction over as a road authority pursuant to ORS 810.010 (Jurisdiction over highways).

(b) Nothing in ORS 383.003 (Definitions for ORS 383.003 to 383.075) to 383.075 (Driver records and information used to collect and enforce tolls) prohibits Multnomah County from establishing a toll on the bridges across the Willamette River that are within the boundaries of the City of Portland and that are operated and maintained by Multnomah County as required under ORS 382.305 (Operation of bridges across Willamette River by Multnomah County) and 382.310 (Powers of Multnomah County as to Willamette River bridges). [2007 c.531 §2; 2009 c.385 §3]

1 Legislative Counsel Committee, CHAPTER 383—Tollways, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors383.­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.