2021 Oregon Revised Statutes
Chapter 367 - Transportation Financing; Projects
Section 367.095 - Tax and fee distribution and projects.


(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 Laws 2017.
(b) The amount attributable to the vehicle registration and title fees imposed under ORS 803.091 and 803.422.
(c) The amount attributable to the increase in taxes and fees by the amendments to ORS 803.420, 803.645, 818.225, 818.270, 825.476, 825.480 and 826.023 by sections 34, 35, 48, 49, 51, 52, 54, 63, 64, 66, 67 and 70, chapter 750, Oregon Laws 2017.
(2) The amounts described in subsection (1) of this section shall be distributed in the following order and for the following purposes:
(a)(A) For calendar years beginning on or after January 1, 2022, $30 million per year shall be used to pay for:
(i) The Interstate 5 Rose Quarter Project;
(ii) The Interstate 205 Improvements: Stafford Road to Oregon Route 213 Project;
(iii) The Interstate 5 Boone Bridge and Seismic Improvement Project; and
(iv) The implementation of the toll program established under ORS 383.150.
(B) The amount described in subparagraph (A) of this paragraph shall be used to pay for costs, including project costs on a current basis and paying for debt service on bonds issued to finance the projects or toll program, only until the later of the date on which the projects or toll program is completed or on which all bonds issued to fund the projects or toll program have been repaid. Any remaining moneys shall be distributed as described in subsection (3) of this section.
(b) $10 million per year shall be deposited into the Safe Routes to Schools Fund for the purpose of providing Safe Routes to Schools matching grants under ORS 184.742. The remainder of the moneys shall be distributed as described in subsection (3) of this section.
(3) The moneys described in subsection (1) of this section that remain after the allocation of moneys described in subsection (2) of this section shall be allocated as follows:
(a) 50 percent to the Department of Transportation.
(b) 30 percent to counties for distribution as provided in ORS 366.762.
(c) 20 percent to cities for distribution as provided in ORS 366.800.
(4) The moneys described in subsection (3)(a) of this section or equivalent amounts that become available to the Department of Transportation shall be allocated as follows:
(a) $10 million for safety.
(b) Of the remaining balance:
(A) Forty percent for bridges.
(B) Thirty percent for seismic improvements related to highways and bridges.
(C) Twenty-four percent for state highway pavement preservation and culverts.
(D) Six percent for state highway maintenance and safety improvements. [2017 c.750 §71a; 2017 c.750 §71b; 2018 c.93 §§30c,30d; 2019 c.491 §46; 2021 c.630 §130]
Note: The amendments to 367.095 by section 47, chapter 491, Oregon Laws 2019, become operative January 1, 2023. See section 48, chapter 491, Oregon Laws 2019. The text that is operative on and after January 1, 2023, including amendments by section 131, chapter 630, Oregon Laws 2021, is set forth for the user’s convenience. (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 Laws 2017.
(b) The amount attributable to the vehicle registration and title fees imposed under ORS 803.091 and 803.422.
(c) The amount attributable to the increase in taxes and fees by the amendments to ORS 803.420, 803.645, 818.225, 825.476, 825.480 and 826.023 by sections 34, 35, 48, 49, 51, 52, 63, 64, 66, 67 and 70, chapter 750, Oregon Laws 2017.
(2) The amounts described in subsection (1) of this section shall be distributed in the following order and for the following purposes:
(a)(A) $30 million per year shall be used to pay for:
(i) The Interstate 5 Rose Quarter Project;
(ii) The Interstate 205 Improvements: Stafford Road to Oregon Route 213 Project;
(iii) The Interstate 5 Boone Bridge and Seismic Improvement Project; and
(iv) The implementation of the toll program established under ORS 383.150.
(B) The amount described in subparagraph (A) of this paragraph shall be used to pay for costs, including project costs on a current basis and paying for debt service on bonds issued to finance the projects or toll program, only until the later of the date on which the projects or toll program is completed or on which all bonds issued to fund the projects or toll program have been repaid. Any remaining moneys shall be distributed as described in subsection (3) of this section.
(b) $15 million per year shall be deposited into the Safe Routes to Schools Fund for the purpose of providing Safe Routes to Schools matching grants under ORS 184.742. The remainder of the moneys shall be distributed as described in subsection (3) of this section.
(3) The moneys described in subsection (1) of this section that remain after the allocation of moneys described in subsection (2) of this section shall be allocated as follows:
(a) 50 percent to the Department of Transportation.
(b) 30 percent to counties for distribution as provided in ORS 366.762.
(c) 20 percent to cities for distribution as provided in ORS 366.800.
(4) The moneys described in subsection (3)(a) of this section or equivalent amounts that become available to the Department of Transportation shall be allocated as follows:
(a) $10 million for safety.
(b) Of the remaining balance:
(A) Forty percent for bridges.
(B) Thirty percent for seismic improvements related to highways and bridges.
(C) Twenty-four percent for state highway pavement preservation and culverts.
(D) Six percent for state highway maintenance and safety improvements.
Note: 367.095 and 367.097 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.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 10 - Highways, Military

Chapter 367 - Transportation Financing; Projects

Section 367.010 - Definitions for chapter.

Section 367.015 - Oregon Transportation Infrastructure Fund; sources; uses; rules; investment.

Section 367.020 - Loans and other assistance to public and private entities; rules; other authorized purposes.

Section 367.025 - Issuance of infrastructure bonds.

Section 367.030 - Issuance of revenue bonds; bond covenants; maximum amount of bonds.

Section 367.035 - Loans to municipalities; authority of municipalities; repayment plan.

Section 367.040 - Loans to state agencies; loan contract.

Section 367.050 - Powers of department.

Section 367.055 - Federal stimulus moneys.

Section 367.060 - Department pledge to ensure loan guarantees; transfer of moneys from State Highway Fund.

Section 367.066 - Definitions for ORS 367.066 and 367.067.

Section 367.067 - Short Line Credit Premium Account; rules.

Section 367.070 - Industrial Rail Spur Fund.

Section 367.080 - Connect Oregon Fund.

Section 367.081 - Distribution of amounts in Connect Oregon Fund.

Section 367.082 - Grants from Connect Oregon Fund; rules.

Section 367.084 - Selection of projects.

Section 367.086 - Administration of projects.

Section 367.091 - Multimodal Active Transportation Fund.

Section 367.093 - Grants from Multimodal Active Transportation Fund; rules.

Section 367.095 - Tax and fee distribution and projects.

Section 367.097 - Debt service.

Section 367.105 - Short-term borrowing; conditions; repayment.

Section 367.161 - Definitions for ORS 367.161 to 367.181.

Section 367.163 - Purposes for which bonds may be issued.

Section 367.166 - Requirements for grant anticipation revenue bonds; authority of State Treasurer.

Section 367.168 - Revenue declaration.

Section 367.171 - Indenture.

Section 367.173 - Moneys that may be used for payment of grant anticipation revenue bonds.

Section 367.178 - Collection and use of federal transportation funds.

Section 367.181 - Limits on obligation of grant anticipation revenue bonds.

Section 367.555 - Authority to issue general obligation bonds.

Section 367.605 - Source of funds to secure Highway User Tax Bonds.

Section 367.615 - Bond issuance; bonds not general obligation; conditions for issuance of additional bonds; use of bond proceeds.

Section 367.617 - Allocation of bonds.

Section 367.620 - Limitation on bond amount.

Section 367.621 - Use of private sector resources in specified work.

Section 367.622 - Preservation and modernization projects funded by specified bonds; rules; selection criteria.

Section 367.623 - Consultation with local governments for project selection.

Section 367.630 - Highway revenue declaration; contents; purpose.

Section 367.635 - Bond form, issuance and maturity; provisions subject to determination of State Treasurer.

Section 367.640 - Indenture; provisions.

Section 367.645 - Reserve account.

Section 367.650 - Trust indenture to secure bonds; provisions.

Section 367.655 - Loan of bond proceeds to cities and counties; use of loans; rules.

Section 367.660 - Lien on certain moneys pledged for bonds; terms of lien.

Section 367.705 - Use of funds; priority.

Section 367.710 - Repayment by city or county; interest.

Section 367.800 - Findings.

Section 367.802 - Definitions.

Section 367.804 - Goals of Oregon Innovative Partnerships Program; authority of Department of Transportation; confidentiality; expenses.

Section 367.806 - Agreements.

Section 367.808 - Evaluation of proposed agreements; role of Attorney General.

Section 367.810 - State Transportation Enterprise Fund.

Section 367.812 - Bonds secured by State Transportation Enterprise Fund; financing of transportation projects.

Section 367.814 - Moneys from federal government or other sources.

Section 367.816 - Use of moneys in Oregon Transportation Infrastructure Fund for projects.

Section 367.818 - Eminent domain powers.

Section 367.820 - Creation of district; use of revenues within district.

Section 367.822 - Advisory committees on transportation projects; rules.

Section 367.824 - Rules; supremacy of federal law.

Section 367.850 - Alternatives to meeting funding requirements of transportation planning rule; rules.