Title 31, Highways, Roads, Bridges and Ferries

(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…

(1) Notwithstanding any other provision of law or any provision of charter or local ordinance to the contrary: (a) The Department of Transportation may loan a portion of proceeds from bonds issued under ORS 367.615 to cities and counties; and (b) Cities and counties may borrow mo…

If moneys under ORS 367.605 are pledged for purposes of bonds by indenture under ORS 367.640, a lien is established upon the moneys. A lien established by this section is subject to all of the following: (1) The lien is a first lien and security interest and prior charge upon the…

The interest upon all bonds issued under ORS 367.615 and upon all refunding and advance refunding bonds issued under ORS chapter 286A is exempt from personal income taxation imposed by this state under ORS chapter 316. [1985 c.551 §12; 2007 c.783 §172a]

In addition to the authority now vested by any other provision of law state highway bonds of the State of Oregon used to provide funds for purposes of ORS 367.700 to 367.750 in the aggregate principal sum may not exceed $50 million. [1975 c.211 §1; 1981 c.660 §34]

(1) The Department of Transportation shall make loans to cities and counties from funds available under ORS 367.700 to 367.750 for the purposes stated in section 3a, Article IX of the Oregon Constitution. (2) If funds available under ORS 367.700 to 367.750 are not sufficient to f…

(1) The Department of Transportation shall cause cities and counties that receive funds under ORS 367.705 to repay bond debt service by withholding from payments due to the city under ORS 366.785 to 366.820 or to the county under ORS 366.762 to 366.768. Funds withheld under this …

All bonds issued under ORS 367.700 to 367.750 must be issued in accordance with ORS chapter 286A. [1975 c.211 §4; 1981 c.660 §35; 2003 c.201 §33; 2007 c.783 §173]

The Department of Transportation shall compute and determine in January of each year, after the sale of bonds under ORS 367.700 to 367.750, the amount of bond debt service that will fall due during such year on bonds then outstanding and unpaid and shall maintain or hold in the S…

The Department of Transportation may not issue or sell general obligation bonds under ORS 367.700 to 367.750 that, singly or in the aggregate with previous debts or liabilities incurred for the building and maintaining of permanent roads, exceed any limitation provided in the Ore…

The Legislative Assembly finds that: (1) Entrepreneurial approaches to the acquisition, design, management and financing of transportation projects will accelerate cost-effective project delivery. (2) Entrepreneurial approaches can bring substantial benefits to the public in tran…

As used in ORS 367.800 to 367.824: (1) “Agreement” means a written agreement, including but not limited to a contract, for a transportation project that is entered into under ORS 367.806. (2) “Private entity” means any entity that is not a unit of government, including but not li…

(1) The Department of Transportation shall establish the Oregon Innovative Partnerships Program for the planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, leasing and operation of transpo…

(1) As part of the Oregon Innovative Partnerships Program established under ORS 367.804, the Department of Transportation may: (a) Enter into any agreement or any configuration of agreements relating to transportation projects with any private entity or unit of government or any …

(1) At the request of the Department of Transportation, the Attorney General may appoint special assistant attorneys general for the purpose of evaluating partnership agreements entered into or to be entered into as part of the program established under ORS 367.804. The special a…

(1) The State Transportation Enterprise Fund is established separate and distinct from the General Fund. Interest earned by the State Transportation Enterprise Fund shall be credited to the fund. (2) The following moneys shall be deposited into the State Transportation Enterprise…

(1) In addition to any authority to issue and sell bonds and other similar obligations, this section establishes continuing authority for the State Treasurer to issue and sell bonds and other similar obligations, at the request of the Department of Transportation, in a manner con…

(1) The Department of Transportation or a unit of government may accept from the United States or any of its agencies such funds as are available to this state or to the unit of government for carrying out the purposes of ORS 367.800 to 367.824, whether the funds are made availab…

(1) Notwithstanding ORS 367.020, the Department of Transportation may use moneys in the Oregon Transportation Infrastructure Fund established by ORS 367.015 to ensure the repayment of loan guarantees or extensions of credit made to or on behalf of private entities engaged in the …

The Department of Transportation may exercise the power of eminent domain to acquire property, rights of way or other rights in property for transportation projects that are part of the program established under ORS 367.804, regardless of whether the property will be owned in fee…

An agreement among the Department of Transportation and other units of government may create a new district, or designate a previously existing district, that includes any or all of the territory within the geographic boundaries of any or all Oregon counties in which a transporta…

(1) The Department of Transportation and any unit of government that participates in a transportation project may establish advisory committees to advise the department or the unit of government with respect to transportation projects. An advisory committee shall consist of not f…

(1) The Department of Transportation may adopt any rules it considers necessary to implement the provisions of ORS 367.800 to 367.824. (2) Notwithstanding any provision of ORS 367.800 to 367.824, applicable federal laws, rules and regulations govern in any situation that involves…

(1) Subject to the limitations in subsection (2) of this section, if a local government is unable to meet the funding requirements of the transportation planning rule adopted by the Land Conservation and Development Commission, the local government may: (a) Apply for an extension…