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Section 367.800 – Findings.

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 transportation project development and execution. (3) Risk management is a critical component of partnerships for transportation projects. (4) Successful implementation of […]

Section 367.802 – Definitions.

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 limited to a corporation, partnership, company, nonprofit organization […]

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

(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 transportation projects. (2) The goals of the Oregon Innovative Partnerships Program are to: (a) Develop an expedited project delivery process; (b) Maximize innovation; and (c) […]

Section 367.806 – Agreements.

(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 configuration of private entities and units of government. The subject of agreements entered […]

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

(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 assistant attorneys general shall be under the direction and control of the […]

Section 367.810 – State Transportation Enterprise Fund.

(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 Fund: (a) Proceeds from bonds or other financing instruments issued under the provisions of […]

Section 367.814 – Moneys from federal government or other sources.

(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 available by grant, loan or […]

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

(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 planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, […]

Section 367.818 – Eminent domain powers.

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 simple by the department. [2003 c.790 §10] Note: See note […]

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

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 transportation project is located, and may require that all revenues from […]

Section 367.822 – Advisory committees on transportation projects; rules.

(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 fewer than five and not more than nine members, as determined by the department. […]

Section 367.824 – Rules; supremacy of federal law.

(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 federal funds if the federal laws, rules or regulations: (a) Conflict with any […]