Title 31, Highways, Roads, Bridges and Ferries

As used in this chapter: (1) “Agency” means any department, agency or commission of the State of Oregon. (2) “Bond” means a contractual undertaking or an instrument to borrow money including, but not limited to, a bond, a note, an obligation, a loan agreement, a financing lease, …

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Oregon Transportation Infrastructure Fund. All moneys in the infrastructure fund are continuously appropriated to the Department of Transportation for the purposes of ORS 367.010 to 3…

(1) Moneys in the Oregon Transportation Infrastructure Fund may be used to make infrastructure loans and provide infrastructure assistance to any public or private entity. The Oregon Transportation Commission shall adopt rules that prescribe procedures and standards for making in…

(1) If the Department of Transportation determines that it is necessary or desirable to issue infrastructure bonds to provide moneys for the Oregon Transportation Infrastructure Fund, the department shall ask the State Treasurer to issue infrastructure bonds. (2) Infrastructure b…

(1) To provide moneys for the Oregon Transportation Infrastructure Fund or to refund bonds authorized by this section, the State Treasurer may, at the request of the Department of Transportation, issue revenue bonds of the State of Oregon that are payable solely from all or any p…

(1) Notwithstanding any other provision of law or any restriction on indebtedness contained in a charter, a municipality may obtain an infrastructure loan from the Department of Transportation by entering into a loan contract with the department. A municipality that obtains an in…

(1) Notwithstanding ORS 283.087 (4), an agency may obtain an infrastructure loan the principal amount of which, when combined with the principal amount of financing agreements previously entered into for the same project, is more than $100,000 for the project. An agency may agree…

The Department of Transportation may: (1) Make all contracts and agreements, execute and deliver all instruments and do all things necessary or convenient to provide financial assistance for transportation projects in accordance with ORS 367.010 to 367.067 or to perform covenants…

(1) The Department of Transportation shall consult with the legislative committees related to transportation during a session of the Legislative Assembly, or the interim legislative committees related to transportation, prior to expending federal funds received under a federal la…

(1) The Department of Transportation may pledge not more than $50 million to ensure the repayment of loan guarantees or other extensions of credit made to or on behalf of municipalities to finance transportation projects or to ensure repayment of loan guarantees or other extensio…

As used in this section and ORS 367.067: (1) “Credit premium” means the amount required to be paid to the United States Secretary of Transportation before disbursement of a federal loan under RRIFP. (2) “RRIFP” means the Railroad Rehabilitation and Improvement Financing Program, …

(1) The Short Line Credit Premium Account is established as an account in the Oregon Transportation Infrastructure Fund. Moneys in the Short Line Credit Premium Account are continuously appropriated to the Department of Transportation for the purpose of carrying out the provision…

The Industrial Rail Spur Fund is established separate and distinct from the General Fund. The moneys in the Industrial Rail Spur Fund and the interest earnings of the fund are continuously appropriated to the Department of Transportation for the purpose of financing grants and lo…

(1) As used in ORS 367.080 to 367.086: (a) “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. (b) “Public body” has the meaning given that t…

(1) Each biennium, the Department of Transportation may provide grants for transportation projects under ORS 367.080 only if the department determines that $50 million or more will be available in the Connect Oregon Fund for grants awarded under ORS 367.080 to 367.086. (2) The de…

(1) Except as provided in subsection (2) of this section, the Department of Transportation may provide, from moneys in the Connect Oregon Fund established under ORS 367.080, grants for transportation projects to public bodies, as defined in ORS 174.109, and to private entities. (…

(1) The Oregon Transportation Commission shall select transportation projects to be funded with moneys in the Connect Oregon Fund established under ORS 367.080. (2)(a) Prior to selecting transportation projects, the commission shall seek input from the applicable area commission …

(1) The Department of Transportation, in cooperation with the Oregon Department of Aviation, shall administer aeronautic and airport transportation projects selected under ORS 367.084 for funding with moneys in the Connect Oregon Fund. The Oregon Department of Aviation may use mo…

(1) As used in this section and ORS 367.093: (a) “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. (b) “Public body” has the meaning given …

(1) The Department of Transportation shall establish the Multimodal Active Transportation Program. The department may provide, from moneys in the Multimodal Active Transportation Fund established under ORS 367.091, grants for transportation projects to public bodies and to privat…

(1) The following amounts shall be distributed in the manner prescribed in this section: (a) The amount attributable to the increase in tax rates by section 45, chapter 750, Oregon Laws 2017, and the amendments to ORS 319.020 and 319.530 by sections 40 to 43, chapter 750, Oregon …

(1) Notwithstanding ORS 367.095 (4), the Department of Transportation may use amounts available under ORS 367.095 to secure and pay bond debt service on Highway User Tax Bonds under ORS 367.615. (2) Any amounts remaining after the payment of debt service shall be used as describe…

(1) Each year, the Department of Transportation shall determine the amount of funding allocated under ORS 367.095 (4)(b) that is necessary to fund: (a) Transportation projects specified by the Legislative Assembly by law; (b) The matching moneys needed to spend federal funds; (c)…

(1) In addition to the authority for short-term borrowing granted in ORS 286A.025 (2)(d) and 286A.045, the Department of Transportation, acting through the State Treasurer, may borrow money by entering into a credit agreement, a line of credit or a revolving line of credit, or by…

As used in ORS 367.161 to 367.181: (1) “Federal transportation funds” means funds apportioned or allocated, or anticipated to be apportioned or allocated in the current or a future federal fiscal year, to the state by the United States Department of Transportation for use on a fe…

The State Treasurer, at the request of the Department of Transportation, may issue grant anticipation revenue bonds for the purposes of: (1) Financing highway improvement projects including highway improvement projects already under way or scheduled; (2) Financing the restoration…

(1) A grant anticipation revenue bond issued under ORS 367.161 to 367.181: (a) Must contain on its face a statement that the ad valorem taxing power of this state or any political subdivision of this state is not pledged to the payment of the principal or the interest on the reve…

(1) Before grant anticipation revenue bonds are issued under ORS 367.161 to 367.181, the Department of Transportation shall prepare a revenue declaration authorizing issuance of the revenue bonds. The declaration must be signed by the Director of Transportation, or the director’s…

An indenture under which grant anticipation revenue bonds are issued may provide for: (1) The pledging of all or a portion of the moneys described in ORS 367.173 to the payment of the principal, interest, premium, if any, or the bond debt service of revenue bonds issued under ORS…

The principal, interest, premium, if any, and the purchase or tender price of the grant anticipation revenue bonds issued under ORS 367.161 to 367.181 are payable solely from the following moneys: (1) Federal transportation funds. (2) To the extent affirmatively pledged at the ti…

The State Treasurer may issue grant anticipation revenue bonds to refund outstanding grant anticipation revenue bonds or other obligations, the proceeds of which were used to finance highway improvement projects. Refunding and advance refunding bonds authorized in this section ar…

(1) When grant anticipation revenue bonds have been issued under ORS 367.161 to 367.181, the Department of Transportation shall collect federal transportation funds and may, as provided by the department when issuance of the revenue bonds was authorized, use the funds: (a) For de…

(1) Grant anticipation revenue bonds issued under ORS 367.161 to 367.181 are not general obligations of the State of Oregon or of an agency, department, board, commission, officer or employee of the State of Oregon. (2) The revenue bonds are a limited obligation payable solely fr…

(1) The Department of Transportation may request the State Treasurer to issue general obligation bonds of the State of Oregon used to provide funds to defray the costs of building and maintaining permanent roads, including the costs of location, relocation, improvement, construct…

All moneys obtained from the sale of general obligation bonds under ORS 367.555 to 367.600 must be paid over to the State Treasurer and credited by the State Treasurer to either the State Highway Fund or the Toll Program Fund. Such moneys may be used only for the purposes for whi…

The Department of Transportation shall request the State Treasurer to issue general obligation bonds under ORS 367.555 to 367.600 in accordance with ORS chapter 286A. [1973 c.698 §4; 1981 c.660 §33; 2003 c.201 §21; 2007 c.783 §168]

The Department of Transportation shall compute and determine in January of each year, after the sale of bonds under ORS 367.555 to 367.600, the amount of principal and interest that will fall due during such year on general obligation bonds then outstanding and unpaid and shall m…

The State Treasurer on behalf of the Department of Transportation may not issue or sell general obligation bonds under ORS 367.555 to 367.600 that, singly or in the aggregate with previous debts or liabilities incurred for the building and maintaining of permanent roads, exceed a…

(1) Moneys deposited in the State Highway Fund established under ORS 366.505 are pledged to payment of Highway User Tax Bonds issued under ORS 367.615. (2) Except as provided in subsection (3) of this section, moneys, once deposited in the highway fund from the following sources …

(1) The Department of Transportation may request the State Treasurer to issue and sell revenue bonds known as Highway User Tax Bonds as provided in this section. (2) Bonds issued under this section do not constitute a debt or general obligation of this state or any political subd…

(1) As used in this section: (a) “Bond” has the meaning given that term in ORS 367.010. (b) “Bond debt service” has the meaning given that term in ORS 367.010. (2) On each January 1, April 1, July 1 and October 1, and on the date of issuance of any Highway User Tax Bonds describe…

(1) The principal amount of Highway User Tax Bonds issued under ORS 367.615 shall be subject to the provisions of ORS 286A.035. (2) Highway User Tax Bonds may be issued under ORS 367.615 for the purposes described in ORS 367.622 in an aggregate principal amount sufficient to prod…

It is the policy of the State of Oregon to use increased revenues from the amendments to ORS 803.090, 803.420, 818.225, 825.476 and 825.480 by sections 1 to 5, chapter 618, Oregon Laws 2003, in a manner that maximizes the creation of new jobs. Each public body, as defined in ORS …

(1) As used in this section: (a) “Highway” has the meaning given that term in ORS 801.305. (b) “Modernization” means improvements that add capacity to highways, including but not limited to new or widened lanes and new bypasses. (c) “Preservation” means paving, striping, reconstr…

In establishing criteria other than those specified in ORS 367.622 for selection of projects, and in choosing projects under ORS 367.622, the Oregon Transportation Commission shall consult with local governments, metropolitan planning organizations and regional transportation adv…

(1) Before bonds are issued under ORS 367.615, the Department of Transportation must prepare a highway revenue declaration authorizing issuance of the bonds. The declaration must be signed by the Director of Transportation or a person designated by the director and must be approv…

(1) A bond issued under ORS 367.615: (a) Must contain on its face a statement that the ad valorem taxing power of this state or any political subdivision of this state is not pledged to the payment of the principal or the interest on the bond. (b) Shall be issued as provided in O…

An indenture under which bonds described under ORS 367.615 are issued may provide for any or all of the following: (1) The pledging of moneys or a portion of moneys described under ORS 367.605 to the payment of the bond debt service on bonds issued under ORS 367.615. (2) Requirem…

The Department of Transportation may establish a separate reserve account to provide additional security for bonds issued under ORS 367.615. The following apply to any account established under this section: (1) The account may be established as part of the highway fund or separa…

At the discretion of the State Treasurer, bonds issued under ORS 367.615 may be secured by a trust indenture. A trust indenture established under this section is subject to the following: (1) The trust indenture shall be by and between the state and a trustee. (2) The trustee may…