ORS Chapter 383 - Oregon Statutes

Chapter 383 —Tollways

 

2009 EDITION

 

 

TOLLWAYS

 

HIGHWAYS,ROADS, BRIDGES AND FERRIES

 

383.001     Findings

 

383.003     Definitionsfor ORS 383.003 to 383.075

 

383.004     Establishmentof tolls; rules

 

383.005     Agreementsfor tollway projects; operation of projects

 

383.006     Authorityof tollway operator

 

383.009     StateTollway Account; sources; uses

 

383.011     Contractterms regarding entry into possession by Department of Transportation; eminentdomain

 

383.013     Tollwaydesign

 

383.014     Interstatesystem compatibility; rules

 

383.015     Initiationof project; fees; rules; conditions for authorization; studies

 

383.017     Awardingof contracts for tollway projects; rules for awarding rest area concessions;application of certain laws

 

383.019     Agreementsbetween department and private entities regarding maintenance of tollways

 

383.023     Revenuebonds for tollway projects

 

383.025     Certaininformation provided to Department of Transportation exempt from disclosure

 

383.027     Issuanceof revenue bonds by municipality for tollway project

 

383.035     Failureto pay toll; penalty

 

383.045     Evidencefrom photo enforcement system; payment of fees

 

383.055     Assessmentand collection of unpaid tolls; rules

 

383.065     Informationprovided for toll booth collections

 

383.075     Driverrecords and information used to collect and enforce tolls

 

      383.001Findings.The Legislative Assembly finds that:

      (1)The development, improvement, expansion and maintenance of an efficient, safeand well-maintained system of roads, highways and other transportationfacilities is essential to the economic well-being and high quality of life ofthe people of this state.

      (2)Public sources of revenues, including federal funding, to provide an efficienttransportation system have not kept pace with the state’s growing populationand growing transportation needs, and all available alternative sources offunding should be utilized to supplement available public sources of revenues.

      (3)Because public funding sources are not providing the state with sufficientfunds to meet all of its transportation needs, private funding should beencouraged as an additional source of funding for transportation projects andfacilities.

      (4)Various alternatives for utilizing the funds of private entities in theacquisition, design, construction, reconstruction, operation and maintenance oftransportation facilities exist, including arrangements whereby privateentities obtain exclusive agreements to design, build, own, lease or operatewith private funds all or a portion of transportation projects and facilitiesin exchange for the right to receive certain revenues generated from theoperation and utilization of such transportation projects and facilities.

      (5)Another important alternative for the funding of transportation facilities isthe use of federal funds pursuant to 23 U.S.C. 129(a), as amended by section112 of the Intermodal Surface Transportation Efficiency Act of 1991, whichestablished a program authorizing federal participation in construction ofpublicly or privately owned toll highways, bridges and tunnels.

      (6)The federal legislation allows for a mix of federal funding and private fundingof transportation facilities, allowing the states to leverage available federalfunds as a means for attracting private capital.

      (7)Legislation for the utilization of private funding of transportation facilitiesshould be flexible enough to permit the Department of Transportation to obtainthe advantages of any available alternative under which the acquisition,design, construction, reconstruction, operation, maintenance and repair oftransportation facilities can be financed in whole or in part or in combinationby any available sources of private or public funding.

      (8)The funding of transportation facilities through the imposition of tolls on thosewho use such facilities is a fair and impartial means of assessing the costs ofimprovements against those who most benefit from such improvements, and isconsistent with public policy.

      (9)Joint endeavors of public and private entities do the following:

      (a)Take advantage of private sector efficiencies in designing, constructing andoperating transportation projects.

      (b)Allow for the rapid formation of capital necessary for funding transportationprojects.

      (c)Require continued compliance with environmental requirements and applicablestate and federal laws that all publicly financed projects must address. [1995c.668 §1]

 

      383.003Definitions for ORS 383.003 to 383.075. As used in ORS 383.003 to 383.075:

      (1)“Department” means the Department of Transportation.

      (2)“Electronic toll collection system” means a system that records use of atollway by electronic transmissions to or from the vehicle using the tollwayand that collects tolls, or that is capable of charging an account establishedby a person for use of the tollway.

      (3)“Photo enforcement system” means a system of sensors installed to work inconjunction with an electronic toll collection system and other traffic controldevices and that automatically produces videotape or one or more photographs,microphotographs or other recorded images of a vehicle in connection with thecollection or enforcement of tolls.

      (4)“Private entity” means any nongovernmental entity, including a corporation,partnership, company or other legal entity, or any natural person.

      (5)“Related facility” means any real or personal property that:

      (a)Will be used to operate, maintain, renovate or facilitate the use of thetollway;

      (b)Will provide goods or services to the users of the tollway; or

      (c)Can be developed efficiently when tollways are developed and will generaterevenue that may be used to reduce tolls or will be deposited in the StateTollway Account.

      (6)“Toll” means any fee or charge for the use of a tollway.

      (7)“Toll booth collections” means the manual or mechanical collection of cash orcharging of an account at a toll plaza, toll booth or similar fixed tollcollection facility.

      (8)“Tollway” means any roadway, path, highway, bridge, tunnel, railroad track,bicycle path or other paved surface or structure specifically designed as aland vehicle transportation route, the construction, operation or maintenanceof which is wholly or partially funded with toll revenues resulting from anagreement under ORS 383.005.

      (9)“Tollway operator” means the unit of government or the private entity that isresponsible for the construction, reconstruction, installation, improvement,maintenance, repair and operation of a tollway or a related facility.

      (10)“Tollway project” means any capital project involving the acquisition of landfor, or the construction, reconstruction, improvement, installation,development or equipping of, a tollway, related facilities or any portionthereof.

      (11)“Unit of government” means any department or agency of the federal government,any state, or any agency, office or department thereof, and any city, county,district, port or other public corporation organized and existing understatutory law or under a voter-approved charter. [1995 c.668 §2; 2007 c.531 §3]

 

      383.004Establishment of tolls; rules. (1) Except as provided in subsection(2) of this section, a toll may not be established unless the OregonTransportation Commission has reviewed and approved the toll. The commissionshall adopt rules specifying the process under which proposals to establishtolls will be reviewed. When reviewing a proposal to establish tolls, thecommission shall take into consideration:

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

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

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

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

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

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

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

      (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 operationof the tollway;

      (j)The method of collecting the toll; and

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

      (2)(a)Nothing in ORS 383.003 to 383.075 prohibits a city or county from establishinga toll on any highway, as defined in ORS 801.305, that the city or county hasjurisdiction over as a road authority pursuant to ORS 810.010.

      (b)Nothing in ORS 383.003 to 383.075 prohibits Multnomah County from establishinga toll on the bridges across the Willamette River that are within theboundaries of the City of Portland and that are operated and maintained by MultnomahCounty as required under ORS 382.305 and 382.310. [2007 c.531 §2; 2009 c.385 §3]

 

      383.005Agreements for tollway projects; operation of projects. (1) Forpurposes of the acquisition, design, construction, reconstruction, operation ormaintenance and repair of tollway projects, the Department of Transportationmay enter into any combination of contracts, agreements and other arrangementswith any one or more private entities or units of government, or anycombination thereof, including but not limited to the following:

      (a)Design-build contracts with private entities pursuant to which a portion or allaspects of the design, construction and installation of all or any portion of atollway project are accomplished by the private entity;

      (b)Lease agreements, lease-purchase agreements and installment sale arrangementsfor the lease, sale or purchase of real and personal property for tollwayprojects by the state from private entities or units of government or byprivate entities or units of government from the state;

      (c)Licenses, franchises or other agreements for the periodic or long-termoperation or maintenance of a tollway project;

      (d)Financing agreements for a tollway project pursuant to which the departmentmakes any loan, grant, guaranty or other financing arrangement with a privateentity or unit of government; and

      (e)Agreements for purchase or acquisition of fee ownership, easements, rights ofway or any other interests in land upon which a tollway project is to be built.

      (2)The department may operate tollway projects and impose and collect tolls on anytollway project the department operates. Any private entity or unit ofgovernment that operates a tollway project pursuant to an agreement with thedepartment may impose and collect tolls on the tollway project. [1995 c.668 §3;2001 c.844 §7]

 

      383.006Authority of tollway operator. A tollway operator may operate tollbooth collections, an electronic toll collection system, a photo enforcementsystem or any combination of toll booth collections, an electronic tollcollection system and a photo enforcement system. [2007 c.531 §6]

 

      383.007 [1995 c.668 §3a;1997 c.390 §1; 1997 c.671 §3; repealed by 2001 c.844 §9]

 

      383.009State Tollway Account; sources; uses. (1) There is hereby established theState Tollway Account as a separate account within the State Highway Fund. TheState Tollway Account shall consist of:

      (a)All moneys and revenues received by the Department of Transportation from ormade available by the federal government to the department for any tollwayproject or for the operation or maintenance of any tollway;

      (b)Any moneys received by the department from any other unit of government or anyprivate entity for a tollway project or from the operation or maintenance ofany tollway;

      (c)All moneys and revenues received by the department from any loan made by thedepartment for a tollway project pursuant to ORS 383.005, and from any lease,agreement, franchise or license for the right to the possession and use,operation or management of a tollway project;

      (d)All tolls and other revenues received by the department from the users of anytollway project;

      (e)The proceeds of any bonds authorized to be issued under ORS 383.023 for tollwayprojects;

      (f)Any moneys that the department has legally transferred from the State HighwayFund to the State Tollway Account for tollway projects;

      (g)All moneys and revenues received by the department from all other sources thatby donation, grant, contract or law are allocated or dedicated for tollwayprojects;

      (h)All interest earnings on investments made from any of the moneys held in theState Tollway Account; and

      (i)All civil penalties and administrative fees paid to the department from theenforcement of tolls.

      (2)Moneys in the State Tollway Account may be used by the department for thefollowing purposes:

      (a)To finance preliminary studies and reports for any tollway project;

      (b)To acquire land to be owned by the state for tollways and any relatedfacilities therefor;

      (c)To finance the construction, renovation, operation, improvement, maintenance orrepair of any tollway project;

      (d)To make grants or loans to a unit of government for tollway projects;

      (e)To make loans to private entities for tollway projects;

      (f)To pay the principal, interest and premium due with respect to, and to pay thecosts connected with the issuance or ongoing administration of any bonds orother financial obligations authorized to be issued by, or the proceeds ofwhich are received by, the department for any tollway project;

      (g)To provide a guaranty or other security for any bonds or other financialobligations, including but not limited to financial obligations with respect toany bond insurance, surety or credit enhancement device issued or incurred bythe department, a unit of government or a private entity, for the purpose offinancing a single tollway project or any related group or system of tollwaysor related facilities; and

      (h)To pay the costs incurred by the department in connection with its oversight,operation and administration of the State Tollway Account, the proposals andprojects submitted under ORS 383.015 and the tollway projects financed underORS 383.005.

      (3)For purposes of securing bonds authorized by ORS 383.023 or providing a guaranty,surety or other security authorized by subsection (2)(g) of this section, thedepartment may:

      (a)Irrevocably pledge all or any portion of the amounts that are credited to, orare required to be credited to, the State Tollway Account;

      (b)Establish subaccounts in the State Tollway Account, and make covenantsregarding the credit to and use of amounts in those accounts and subaccounts;and

      (c)Establish separate trust funds or accounts and make covenants to transfer tothose separate trust funds or accounts all or any portion of the amounts thatare required to be deposited in the State Tollway Account.

      (4)Notwithstanding any other provision of ORS 383.001 to 383.075, the departmentshall not pledge any funds or amounts at any time held in the State TollwayAccount as security for the obligations of a private entity unless thedepartment has entered into a binding and enforceable agreement that providesthe department reasonable assurance that the department will be repaid, withappropriate interest, any amounts that the department is required to advancepursuant to that pledge.

      (5)Moneys in the State Tollway Account are continuously appropriated to thedepartment for purposes authorized by this section. [1995 c.668 §4; 2005 c.22 §264;2007 c.531 §12]

 

      383.010 [Repealed by1981 c.153 §79]

 

      383.011Contract terms regarding entry into possession by Department of Transportation;eminent domain.(1) Every contract, agreement or other arrangement between the Department ofTransportation and any private entity pursuant to which a private entity owns,leases or operates a tollway shall provide that, if an event occurs thatseriously jeopardizes or impairs the continued availability and operation ofthe tollway, the department shall be entitled to enter into and take possessionof the tollway and to exercise all of the rights attendant to such possession,including the right to receive all tolls and other revenues of the tollway,subject to any obligations incurred for the tollway, and the right to operate,maintain, repair and reconstruct the tollway.

      (2)The department may exercise the power of eminent domain to acquire property fortollway projects, regardless of whether the property will be owned in feesimple by the department. [1995 c.668 §5; 2001 c.844 §2]

 

      383.013Tollway design.(1) The design of each tollway shall at least meet the minimum design standardsgenerally applicable, at the time the Department of Transportation authorizesthe tollway, to the state and other units of government authorized to build andown roads, highways, bridges, tunnels, railways and related facilities.

      (2)In considering the design of a tollway, the department shall solicit therecommendation of all units of government having jurisdiction over any of theterritory encompassing or adjacent to the proposed route of the tollway. Thedepartment shall consider the present and future needs of local transitauthorities and whether the proposed tollway project should be expanded toinclude the acquisition of land or rights of way for future mass transit needsor for future expansion due to projected population growth.

      (3)In considering the design of a tollway, the department shall solicit therecommendation of state and local parks departments to consider whether parksor campsites for travelers or bicyclists should be incorporated into thetollway design. The department may enter into agreements for the use of stateand local funding for the acquisition and construction of such parks andcampsites. The land on which such parks and campsites shall be located may beowned or leased in any manner in which any other tollway property may be ownedor leased and shall be managed by any entity chosen by the department for suchpurpose, including the entity that operates or maintains the tollway. Theallocation of revenues derived from the ownership or operation of any park orcampsite shall be in accordance with any arrangement the department deemsdesirable. [1995 c.668 §6; 2001 c.844 §3]

 

      383.014Interstate system compatibility; rules. The Oregon Transportation Commissionshall set standards by rule for electronic toll collection systems and photoenforcement systems used on tollways in this state to ensure that systems usedin Oregon and systems used in the State of Washington are compatible to theextent technology permits. [2007 c.531 §8]

 

      383.015Initiation of project; fees; rules; conditions for authorization; studies. (1) Tollwayprojects may be initiated by the Department of Transportation, by a unit ofgovernment having an interest in the installation of a tollway, or by a privateentity interested in constructing or operating a tollway project. Thedepartment shall charge an administrative fee for reviewing and considering anytollway project proposed by a private entity, which the department shallestablish by rule. All such administrative fees shall be deposited into theState Tollway Account.

      (2)The department shall adopt rules pursuant to which it will considerauthorization of a tollway project. The rules shall require consideration of:

      (a)The opinions and interests of units of government encompassing or adjacent tothe path of the proposed tollway project in having the tollway installed;

      (b)The probable impact of the proposed tollway project on local environmental,aesthetic and economic conditions and on the economy of the state in general;

      (c)The extent to which funding other than state funding is available for theproposed tollway project;

      (d)The likelihood that the estimated use of the tollway project will providesufficient revenues to independently finance the costs related to theconstruction and future maintenance, repair and reconstruction of the tollwayproject, including the repayment of any loans to be made from moneys in theState Tollway Account;

      (e)With respect to tollway projects, any portion of which will be financed withstate funds or department loans or grants:

      (A)The relative importance of the proposed tollway project compared to otherproposed tollways; and

      (B)Traffic congestion and economic conditions in the communities that will beaffected by competing tollway projects; and

      (f)The effects of tollway implementation on community and local street traffic.

      (3)Notwithstanding any other provision of ORS 383.001 to 383.075, no tollway projectshall be authorized unless the department finds that either:

      (a)Based on the department’s estimate of present and future traffic patterns, therevenues generated by the tollway project will be sufficient, after payment ofall obligations incurred in connection with the acquisition, construction andoperation of such tollway project, to ensure the continued maintenance, repairand reconstruction of the tollway project without the contribution ofadditional public funds; or

      (b)The revenues generated by the tollway project will be at least sufficient topay its operational expenses and a portion of the costs of its construction,maintenance, repair and reconstruction, and the importance of the tollwayproject to the welfare or economy of the state is great enough to justify theuse of public funding for a portion of its construction, maintenance, repairand reconstruction.

      (4)If the department finds that a proposed tollway project qualifies forauthorization under this section, the department may conduct or cause to beconducted any environmental, geological or other studies required by law as acondition of construction of the tollway project. The costs of completing thestudies for any proposed tollway project may be paid by moneys in the State TollwayAccount, provided that any such payment shall constitute a loan against theproposed tollway project and shall be reimbursed to the State Tollway Accountas a part of the permanent financing for the project. [1995 c.668 §7; 1997c.390 §2; 2007 c.531 §17]

 

      383.017Awarding of contracts for tollway projects; rules for awarding rest areaconcessions; application of certain laws. (1) The Department ofTransportation may award any contract, franchise, license or agreement relatedto a tollway project, other than a concession for the provision of goods orservices at a rest area, under a competitive process or by private negotiationwith one or more entities, or by any combination of competition and negotiationwithout regard to any other laws concerning the procurement of goods orservices for projects of the state.

      (2)When using a competitive process for the award of a tollway project contract,the department shall consider the following factors in addition to the proposer’sestimate of cost:

      (a)The quality of the design, if applicable, submitted by a proposer. Inconsidering the quality of the design of a tollway project, the departmentshall take into consideration:

      (A)The structural integrity of the design, including the probable effect of thedesign on the future costs of maintenance of the tollway;

      (B)The aesthetic qualities of the design, including such factors as the width oflane separators, landscaping and sound walls;

      (C)The traffic capacity of the design;

      (D)The aspects of the design that affect safety, such as the lane width, thequality of lane markers and separators, the shape and positioning of ramps andcurves and the changes in elevation; and

      (E)The ease with which traffic will be able to pass through the toll collectionfacilities.