The 2017 transportation package

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                                 79th OREGON LEGISLATIVE ASSEMBLY--2017 Regular Session                                                       A-Engrossed                                              House Bill 2017                                                    Ordered by the House July 4                                             Including House Amendments dated July 4     Sponsored by JOINT COMMITTEE ON TRANSPORTATION PRESERVATION AND MODERNIZATION

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     to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the     measure as introduced.          Requires Department of Transportation to study improving this state’s transportation system.          Sunsets January 2, 2020.     measure.          [Requires Department of Transportation to study improving this state’s transportation system.]          Modifies and adds laws related to transportation.          [Sunsets January 2, 2020.]          Takes effect on 91st day following adjournment sine die. 1                                                   A BILL FOR AN ACT 2   Relating to transportation. 3   Be It Enacted by the People of the State of Oregon: 4        SECTION 1. (1) The Department of Transportation shall study issues related to improv- 5   ing this state’s transportation system. The department shall make a report on its findings. 6        (2) The department shall submit the report required by subsection (1) of this section, and 7   may include recommendations for legislation, to the interim committees of the Legislative 8   Assembly related to transportation in the manner provided under ORS 192.245 no later than 9   September 15, 2019.10        SECTION 2. Section 1 of this 2017 Act is repealed on January 2, 2020.11 2   Relating to transportation; creating new provisions; amending ORS 184.610, 184.612, 184.615, 184.617, 3        184.619, 184.620, 184.621, 184.633, 184.639, 184.649, 184.740, 184.888, 184.891, 305.992, 316.164, 4        316.169, 316.189, 316.197, 316.202, 316.207, 316.212, 319.020, 319.415, 319.530, 319.885, 319.890, 5        366.155, 366.462, 366.505, 366.752, 366.772, 366.805, 367.080, 367.082, 367.084, 367.086, 367.620, 6        367.806, 374.328, 377.841, 468A.275, 646.932, 777.267, 801.041, 801.042, 802.110, 803.090, 803.350, 7        803.415, 803.420, 803.445, 803.585, 803.645, 805.047, 805.103, 805.105, 805.115, 805.205, 805.222, 8        805.255, 805.260, 805.263, 805.266, 805.278, 805.283, 818.225, 818.270, 822.043, 822.213, 825.450, 9        825.476, 825.480 and 826.023 and section 2, chapter 823, Oregon Laws 2009, section 18, chapter10        30, Oregon Laws 2010, section 1, chapter 637, Oregon Laws 2015, section 7, chapter 700, Oregon11        Laws 2015, section 7, chapter 62, Oregon Laws 2017 (Enrolled House Bill 2149), and sections 3112        and 32, chapter ___, Oregon Laws 2017 (Enrolled House Bill 2290); repealing ORS 184.613,13        184.616, 184.618, 184.889 and 367.017 and section 17, chapter 63, Oregon Laws 2012, section 6,14        chapter 62, Oregon Laws 2017 (Enrolled House Bill 2149), and sections 3, 6, 6a, 10, 11, 12, 13,15        14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, chapter ___, Oregon Laws 2017 (En-16        rolled House Bill 2290); prescribing an effective date; and providing for revenue raising that17        requires approval by a three-fifths majority.18   Be It Enacted by the People of the State of Oregon:1920                                                     ACCOUNTABILITY21                                                          (Definitions)2223        SECTION 1. ORS 184.610 is amended to read:24        184.610. As used in ORS 184.610 to 184.656, unless the context requires otherwise:25        (1) “Commission” means the Oregon Transportation Commission.26        (2) “Department” means the Department of Transportation.27        (3) “Director” means the Director of Transportation.     NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.

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     LC 2855                                           A-Eng. HB 2017 1       (4) “STIP” means the Statewide Transportation Improvement Program, which is a list of trans- 2   portation projects that: 3       (a) Are to be implemented within four years following adoption or modification of the list; 4       (b) Are consistent with the long-range transportation plan developed pursuant to ORS [184.618 5   and with metropolitan plans] 184.617; and 6       (c) Can be implemented with resources reasonably expected to be available. 7 8                                  (Oregon Transportation Commission) 910       SECTION 2. ORS 184.612 is amended to read:11       184.612. (1) There is established the Oregon Transportation Commission consisting of five mem-12   bers appointed by the Governor, subject to confirmation by the Senate pursuant to section 4, Article13   III, Oregon Constitution. A member serves at the pleasure of the Governor.14       (2) The Governor shall appoint members of the commission in compliance with all of the fol-15   lowing:16       (a) Members shall be appointed with consideration of the different geographic regions of the17   state with one member being a resident of the area east of the Cascade Range.18       (b) Not more than three members [shall] who belong to one political party. Party affiliation shall19   be determined by the appropriate entry on official election registration cards.20       (3) At the time of appointment, a member may not have any direct or indirect financial21   or fiduciary interest related to the commission’s duties. If a conflict arises after a member’s22   appointment, the member shall declare the conflict and abstain from deliberations and voting23   on the matter under consideration by the commission.24       [(2)] (4) The term of office of each member is four years. Before the expiration of the term of25   a member, the Governor shall appoint a successor whose term begins on July 1 next following. A26   member is eligible for reappointment. In case of a vacancy for any cause, the Governor shall appoint27   a person to fill the office for the unexpired term.28       (5) The Governor shall appoint one of the members as chairperson. The chairperson shall29   appoint one of the other members as vice chairperson. The chairperson and vice chairperson30   shall have such terms, duties and powers as the Oregon Transportation Commission deter-31   mines are necessary for the performance of such offices.32       (6) A majority of the members of the commission constitutes a quorum. If a quorum is33   present at a meeting, the commission may take action by an affirmative vote by a majority34   of the members who are present. An individual member may not exercise individually any35   administrative authority with respect to the Department of Transportation.36       (7) The commission shall meet at least quarterly, at a time and place determined by the37   commission. The commission shall also meet at such other times and places as are specified38   by the call of the chairperson or of a majority of the commission.39       (8) A vacancy does not impair the right of the remaining members to exercise all the40   powers of the commission, except that three members of the commission must agree in the41   selection, vacation or abandonment of state highways, and in case the members are unable42   to agree the Governor shall have the right to vote as a member of the commission.43       (9) The commission shall keep complete and accurate records of all the meetings, trans-44   actions and business of the commission at the office of the department.45       (10) The commission may provide an official seal.                                                 [2]                                          A-Eng. HB 2017 1       (11) The commission may hire staff the commission deems necessary to assist the com- 2   mission in carrying out its duties. The staff shall be considered employees of the department 3   for purposes of the State Personnel Relations Law under ORS chapter 240. 4       [(3)] (12) A member of the commission is entitled to compensation and expenses as provided by 5   ORS 292.495. 6       NOTE: Sections 3 and 4 were deleted by amendment. Subsequent sections were not renumbered. 7       SECTION 5. ORS 184.619 is amended to read: 8       184.619. In accordance with the applicable provisions of ORS chapter 183, the Oregon Trans- 9   portation Commission:10       (1) Shall adopt [such] any rules and orders as it considers necessary and proper in performing11   the functions vested by law in the commission.12       (2) Notwithstanding any other provisions of law, the commission has the power to adopt13   any rules, establish any policy or exercise any other duty, function or power if a statute14   gives such power to the Department of Transportation.15       SECTION 6. ORS 184.617 is amended to read:16       184.617. (1) [It is the function of] The Oregon Transportation Commission [to] shall:17       (a) Establish the policies for the operation of the Department of Transportation in a manner18   consistent with the policies and purposes of ORS 184.610 to 184.656.19       (b) Develop and maintain state transportation policies, including but not limited to poli-20   cies related to the management, construction and maintenance of highways and other21   transportation systems in Oregon, including but not limited to aviation, ports and rail.22       (c) Develop and maintain a comprehensive, 20-year long-range plan for a safe, multimodal23   transportation system for the state which encompasses economic efficiency, orderly eco-24   nomic development and environmental quality. The comprehensive, long-range plan:25       (A) Must include, but not be limited to, aviation, highways, mass transit, ports, rails and26   waterways; and27       (B) Must be used by all agencies and officers to guide and coordinate transportation ac-28   tivities and to ensure transportation planning utilizes the potential of all existing and devel-29   oping modes of transportation.30       (d) In coordination with the State Marine Board, the Oregon Business Development De-31   partment, the State Aviation Board, cities, counties, mass transit districts organized under32   ORS 267.010 to 267.390 and transportation districts organized under ORS 267.510 to 267.650,33   develop plans for each mode of transportation and multimodal plans for the movement of34   people and freight. Subject to paragraph (c) of this subsection, the plans must include a list35   of projects needed to maintain and develop the transportation infrastructure of this state for36   at least 20 years in the future.37       (e) For the plans developed under paragraph (d) of this subsection, include a list of38   projects for at least 20 years into the future that are capable of being accomplished using39   the resources reasonably expected to be available. As the plans are developed by the com-40   mission, the Director of Transportation shall prepare and submit implementation programs41   to the commission for approval. Work approved by the commission to carry out the plans42   shall be assigned to the appropriate unit of the Department of Transportation or other ap-43   propriate public body, as defined in ORS 174.109.44       (f) Initiate studies, as it deems necessary, to guide the director concerning the trans-45   portation needs of Oregon.                                                 [3]                                           A-Eng. HB 2017 1       (g) Prescribe the administrative practices followed by the director in the performance 2   of any duty imposed on the director by law. 3       (h) Seek to enter into intergovernmental agreements with local governments and local 4   service districts, as those terms are defined in ORS 174.116, to encourage cooperation be- 5   tween the department and local governments and local service districts to maximize the ef- 6   ficiency of transportation systems in Oregon. 7       (i) Review and approve the department’s: 8       (A) Proposed transportation projects, as described in the Statewide Transportation Im- 9   provement Program, and any significant transportation project modifications, as determined10   by the commission;11       (B) Proposed budget form prior to the department submitting the form to the Oregon12   Department of Administrative Services under ORS 291.208;13       (C) Anticipated capital construction requirements;14       (D) Construction priorities; and15       (E) Selection, vacation or abandonment of state highways.16       (j) Adopt a statewide transportation strategy on greenhouse gas emissions to aid in17   achieving the greenhouse gas emissions reduction goals set forth in ORS 468A.205. The18   commission shall focus on reducing greenhouse gas emissions resulting from transportation.19   In developing the strategy, the commission shall consider state and federal programs, poli-20   cies and incentives related to reducing greenhouse gas emissions. The commission shall21   consult and cooperate with metropolitan planning organizations, other state agencies, local22   governments and stakeholders and shall actively solicit public review and comment in the23   development of the strategy.24       (k) [In addition, the commission shall] Perform any other duty vested in it by law.25       [(2) The commission shall keep complete and accurate records of all the meetings, transactions and26   business of the commission at the office of the department.]27       [(3)] (2) The commission [shall have] has general power to take any action necessary to co-28   ordinate and administer programs relating to highways, motor carriers, motor vehicles, public29   transit, rail, transportation safety and such other programs related to transportation [as may be as-30   signed by law to the department].31       (3) The commission may require the director to furnish whatever reports, statistics, in-32   formation or assistance the commission may request in order to study the department or33   transportation-related issues.34       [(4) The Department of Transportation shall be the recipient of all federal funds paid to or to be35   paid to the state to enable the state to provide the programs and services assigned to the department,36   except that the Oregon Department of Aviation shall be the recipient of all federal funds paid to or to37   be paid to the state to enable the state to provide aviation programs and services.]38       SECTION 7. Sections 8 to 13 of this 2017 Act and ORS 366.150 are added to and made a39   part of ORS 184.610 to 184.656.40       SECTION 8. Authority to enter into agreements. (1) The Oregon Transportation Com-41   mission may:42       (a) Enter into any written agreement or any configuration of written agreements relating43   to any duty, function or service of the commission or the Department of Transportation,44   relating to transportation projects or transportation research with any private entity or unit45   of government or any configuration of private entities and units of government, as those                                                  [4]                                        A-Eng. HB 2017 1   terms are defined in ORS 367.802. The subject of agreements entered into under this section 2   may include, but need not be limited to, planning, acquisition, financing, development, design, 3   construction, reconstruction, replacement, improvement, maintenance, management, repair, 4   leasing and operation of transportation projects or transportation research. 5      (b) Include in any agreement entered into under this section any financing mechanisms, 6   including but not limited to the imposition and collection of user fees and the development 7   or use of other revenue sources. 8      (2) The agreements among the public and private sector partners entered into under this 9   section must specify at least the following:10      (a) At what point in the transportation project or transportation research the public and11   private sector partners will enter the project or research and which partners will assume12   responsibility for specific project or research elements;13      (b) How the partners will share management of the risks of the project or research;14      (c) How the partners will share the costs of development of the project or research;15      (d) How the partners will allocate financial responsibility for cost overruns;16      (e) The penalties for nonperformance;17      (f) The incentives for performance; and18      (g) The accounting and auditing standards to be used to evaluate work on the project or19   research.20      SECTION 9. Real property inventory. (1) The Oregon Transportation Commission shall21   compile and keep current an inventory of real property, in excess of the operating needs of,22   and owned by the Department of Transportation.23      (2) The inventory must include the following, for each parcel of real property:24      (a) A description of the real property and its current use.25      (b) An evaluation of future plans for the real property.26      (c) An assessment of the value of the real property.27      (3) This section does not apply to real property within a highway right-of-way that is used28   by the public.29      (4) The commission shall periodically review the inventory of real property. If the com-30   mission determines that a parcel of real property is not anticipated for use for transporta-31   tion purposes in the reasonably foreseeable future and that disposition of the real property32   by sale, lease or other means would result in a substantial net benefit to the state to carry33   out the purposes of Article IX, section 3a, of the Oregon Constitution, the commission shall34   direct the department to dispose of the real property in the manner provided by rule by the35   department.36      SECTION 10. Continuous Improvement Advisory Committee. (1) The Oregon Transpor-37   tation Commission shall appoint a Continuous Improvement Advisory Committee composed38   of members of the commission, employees of the Department of Transportation and trans-39   portation stakeholders. The committee shall be of such size and representation as the com-40   mission determines appropriate.41      (2) The committee shall:42      (a) Advise the commission on ways to maximize the efficiency of the department to allow43   increased investment in the transportation system over the short, medium and long term.44      (b) Develop key performance measures, based on desired outcomes, for each division of45   the department. The committee shall submit key performance measures to the commission                                              [5]                                         A-Eng. HB 2017 1   for its approval. The committee shall report to the commission at least once per year on the 2   status of key performance measures and what steps are being taken by the department to 3   achieve the goals of the key performance measures. 4      (3) The committee shall periodically report to the commission. The reports must include 5   recommendations on ways the commission and the department may execute their duties 6   more efficiently. 7      (4) Each odd-numbered year, the commission shall submit a report, in the manner pro- 8   vided by ORS 192.245, to the Joint Committee on Transportation established under section 9   26 of this 2017 Act. The report must include information on the activities and recommen-10   dations of the committee and information on any actions taken by the commission or the11   department to implement recommendations of the committee.12      (5) The committee shall meet regularly, at times and places fixed by the chairperson of13   the committee or a majority of members of the committee. The department shall provide14   office space and personnel to assist the committee as requested by the chairperson, within15   the limits of available funds.16      SECTION 11. Describing condition of transportation infrastructure. (1) The Oregon17   Transportation Commission shall develop a set of uniform standards, in coordination with18   counties and cities, for the consistent description and reporting of the condition of the19   transportation infrastructure owned by the state, counties and cities. The infrastructure20   described must include pavement and bridges.21      (2) By February 1 of each odd-numbered year, every city and county shall submit a report22   covering the condition of its transportation infrastructure.23      (3) The commission shall periodically review the condition of the transportation24   infrastructure owned by the state and the reports submitted under this section. The com-25   mission shall post the reports and the commission’s review of the reports on the website26   described in section 12 of this 2017 Act.27      (4) Notwithstanding ORS 366.762 to 366.768 or 366.785 to 366.820, any city or county failing28   to file a report under this section may not receive any payments from the State Highway29   Fund until the report is filed.30      (5) Not later than April 1 of each odd-numbered year, the commission shall submit a re-31   port about the state of the transportation infrastructure of Oregon, including the transpor-32   tation infrastructure of cities and counties, to:33      (a) The Legislative Assembly in the manner provided by ORS 192.245; and34      (b) The Joint Committee on Transportation established under section 26 of this 2017 Act.35      SECTION 12. Website. (1) The Oregon Transportation Commission, through the Depart-36   ment of Transportation, shall develop a website.37      (2) The website must include:38      (a) A list of all transportation projects in the Statewide Transportation Improvement39   Program and for each project the website must include:40      (A) A description of the project and the project benefits;41      (B) The estimated cost and estimated completion date;42      (C) Updated information about the projects as they proceed, including the actual amount43   spent to date on the project; and44      (D) After a project is completed, updated information, including the amount a project is45   under or over the original estimated cost and whether a project was completed by the ori-                                                 [6]                                          A-Eng. HB 2017 1   ginal estimated completion date. 2      (b) Information on the reports required under ORS 366.774 and 366.790 for all cities and 3   counties in the state, including the amount of transportation funds collected by each county 4   and city and the source of the funds and the amount of money spent on transportation 5   projects by type of expenditure as listed in ORS 366.774 (2) and 366.790 (2). This information 6   shall be displayed for the most current six-year period. 7      (c) Information on the condition of Oregon’s transportation infrastructure, as required 8   under section 11 of this 2017 Act. 9      (d) Information about the results the audits performed pursuant to ORS 184.639.10      (e) Links to all available county and city transportation project websites.11      (f) Links to websites about transportation projects receiving moneys from the Connect12   Oregon Fund.13      SECTION 12a. The information required under section 12 (2)(b) of this 2017 Act is re-14   quired only for years beginning on or after January 1, 2018. Nothing in this section precludes15   a city or county from providing additional information.16      SECTION 13. Written analysis of costs and benefits of proposed transportation projects.17   (1) As used in this section, “transportation project” means a project:18      (a) That is a highway modernization transportation project or capacity building trans-19   portation project proposed for construction in the Statewide Transportation Improvement20   Program; and21      (b) That is estimated to cost at least $15 million.22      (2) As a part of the project scoping phase, the Department of Transportation shall pre-23   pare a written analysis of the costs and benefits of a transportation project. The analysis24   must state:25      (a) The scope of the project;26      (b) The period of analysis;27      (c) The discount rate used in the analysis;28      (d) The estimated costs to the department to undertake the project, including any costs29   for design, purchasing highway right-of-way and construction;30      (e) The future costs to the department to preserve and maintain the project, discounted31   to present value;32      (f) Any other costs to the department;33      (g) The costs to highway users that are associated with the project, including loss of34   safety, delays in the time of travel and additional expenses for operating vehicles;35      (h) The costs of any environmental impacts, including vehicle emissions and noise; and36      (i) The value of the benefits of the project, including the value of any:37      (A) Savings in the time of travel;38      (B) Improvements to safety;39      (C) Savings in the cost of operating vehicles; and40      (D) Other social, economic or environmental benefits of the project.41      (3) The analysis required by this section:42      (a) Must include a discussion of increases in costs that would result from delays in the43   performance of routine maintenance scheduled by the department;44      (b) May include a discussion of:45      (A) The costs of the project for any other persons and governmental agencies; and                                               [7]                                            A-Eng. HB 2017 1        (B) Any costs or benefits which may result from the use of alternative design, con- 2   struction or financing practices; and 3        (c) Must be prepared in a format that allows for the comparison of proposed transpor- 4   tation projects. 5        (4) The analysis required by this section must be made available to the commission and 6   the public when the agenda is posted for the meeting at which the proposal will be submitted 7   to the commission for its approval. 8        (5) This section does not apply to transportation projects listed in section 71a, 71d, 71f 9   or 120 of this 2017 Act.10        SECTION 14. ORS 184.621 is amended to read:11        184.621. The Oregon Transportation Commission shall work with stakeholders to review and12   update the criteria used to select projects within the Statewide Transportation Improvement Pro-13   gram.      When revising the project selection criteria the commission shall consider whether the14   project:15        (1) Improves the state highway system or major access routes to the state highway system on16   the local road system to relieve congestion by expanding capacity, enhancing operations or other-17   wise improving travel times within high-congestion corridors.18        (2) Enhances the safety of the traveling public by decreasing traffic crash rates, promoting the19   efficient movement of people and goods and preserving the public investment in the transportation20   system.21        [(3) Increases the operational effectiveness and reliability of the existing system by using techno-22   logical innovation, providing linkages to other existing components of the transportation system and23   relieving congestion.]24        [(4) Is capable of being implemented to reduce the need for additional highway projects.]25        [(5) Improves the condition, connectivity and capacity of freight-reliant infrastructure serving the26   state.]27        [(6)] (3) Supports improvements necessary for [this state’s] Oregon’s economic growth and28   competitiveness, accessibility to industries and economic development.29        [(7)] (4) Provides the greatest benefit in relation to project costs as analyzed under section30   13 of this 2017 Act.31        [(8)] (5) Fosters livable communities by demonstrating that the investment does not undermine32   sustainable urban development.33        [(9)] (6) Enhances the value of transportation projects through designs and development that34   reflect environmental stewardship and community sensitivity.35        [(10)] (7) Is consistent with the state’s greenhouse gas emissions reduction goals and reduces36   [this state’s] Oregon’s dependence on foreign oil.37        (8) To the extent practicable, ensures that the state’s transportation infrastructure is38   resilient in the event of a natural disaster.39        (9) Is located near operations conducted for mining aggregate or processing aggregate40   as described in ORS 215.213 (2)(d) or 215.283 (2)(b).41        SECTION 15. ORS 184.639 is amended to read:42        184.639. [The Director of Transportation shall designate an internal auditor for the Department43   of Transportation who shall perform internal audits of the department and report findings to the di-44   rector.]45        (1) The Oregon Transportation Commission, in consultation with the Director of Trans-                                                  [8]                                             A-Eng. HB 2017 1   portation, shall designate an internal auditor for the Department of Transportation. The 2   internal auditor shall be an employee of the department and shall report to the director. The 3   director may remove the internal auditor only after a majority vote of the commission ap- 4   proves the removal. 5       (2) The internal auditor shall perform internal audits of the department, in accordance 6   with ORS 184.360, including but not limited to the following: 7       (a) Audits that assess the financial integrity of the department; 8       (b) Audits to determine the efficiency and effectiveness of the operations of the depart- 9   ment;10       (c) Audits of contracts entered into by the department; and11       (d) Any audits required by federal law that are delegated to the commission or the de-12   partment to perform.13       (3) The internal auditor shall submit all final audit reports to the commission. After14   redacting from the audit reports information that is exempted from disclosure under ORS15   192.410 to 192.505, the commission shall have the reports posted on the website described in16   section 12 of this 2017 Act.17       (4) The commission or the director may request that the internal auditor conduct specific18   audits as the commission or director deems necessary.19       (5) The internal auditor, after considering input from the commission or the director,20   shall make the final determination on which audits to perform.21       (6) The internal auditor may also audit third party arrangements entered into by the22   department.23       NOTE: Sections 16 and 17 were deleted by amendment. Subsequent sections were not renum-24   bered.25       SECTION 18. ORS 184.649 is amended to read:26       184.649. The [Department of Transportation] Oregon Transportation Commission shall [appear27   before] report on audits of the Department of Transportation to the Joint Legislative Audit28   Committee established by ORS 171.580 and to the Joint Committee on Transportation estab-29   lished by section 26 of this 2017 Act at least once each biennium [to report on internal audits and30   federal audits of the department].3132                                        (Department of Transportation)3334       SECTION 19. ORS 184.615 is amended to read:35       184.615. (1) The Department of Transportation is established.36       [(2) The Department of Transportation shall consist of the Director of Transportation and all per-37   sonnel employed in the department. Except as otherwise provided in subsections (4) and (5) of this38   section, for purposes of administration, subject to the approval of the Oregon Transportation Commis-39   sion, the director may organize and reorganize the department as the director considers necessary to40   properly conduct the work of the department.]41       [(3)] (2) The department shall perform the following duties:42       (a) Carry out policies adopted by the [commission] Oregon Transportation Commission and43   all duties and responsibilities vested in it by law including, but not necessarily limited to, duties and44   responsibilities concerning drivers and motor vehicles, highways, motor carriers, public transit, rail45   and transportation safety.                                                   [9]                                           A-Eng. HB 2017 1       (b) Provide strategic planning for statewide transportation systems to meet the trans- 2   portation challenges to be faced by Oregon at least 20 years into the future. 3       (c) Promote coordination between different modes of transportation. 4       (d) Promote coordination of major transportation projects, as determined by the com- 5   mission, between the state, cities and counties. 6       (e) Integrate governmental functions to reduce the costs incurred by this state in 7   transportation matters. 8       (f) Obtain the greatest benefit from state, local and federal transportation expenditures. 9       (g) Maximize the state’s prospects to obtain federal funds by responding to federal man-10   dates for multimodal transportation planning.11       (h) To the extent practicable, ensure that the state’s transportation infrastructure is12   resilient in the event of a natural disaster.13       (3) The department shall be the recipient of all federal funds paid to or to be paid to the14   state to enable the state to provide the programs and services assigned to the department,15   except that the Oregon Department of Aviation shall be the recipient of all federal funds paid16   to or to be paid to the state to enable the state to provide aviation programs and services.17       [(4) The director shall appoint an administrator for each area of critical concern to the department.18   The administrator shall be responsible for planning and operations in that area, for relationships be-19   tween the department and persons affected by the operations of the area, for advocacy of the area within20   the department planning and operations processes and for such other duties as may be provided by law.21   For purposes of this subsection, “area of critical concern” includes, but is not necessarily limited to,22   driver and motor vehicle services, highways, motor carriers, public transit, rail and transportation23   safety. In appointing administrators under this subsection, the director shall consider recommendations24   of any advisory committee interested in the area of responsibility. Administrators appointed under this25   subsection are in the unclassified service for purposes of the State Personnel Relations Law.]26       [(5) Whenever a duty or function is specifically given by statute to the director, and that duty or27   function involves day-to-day operations of an area of critical concern to the department, the director28   shall delegate the duty or function to the administrator of the area of critical concern.]29       SECTION 20. ORS 184.620 is amended to read:30       184.620. (1) The Department of Transportation shall be under the supervision of a Director of31   Transportation [who shall be appointed by and shall hold office at the pleasure of the Governor]. The32   Oregon Transportation Commission shall appoint the director, after consultation with the33   Governor. The director serves at the pleasure of the commission.34       (2) The appointment of the director shall be subject to confirmation by the Senate in the manner35   provided by ORS 171.562 and 171.565.36       (3) The director may appoint:37       (a) Deputy directors with full authority to act for the director, but subject to the director’s38   control. The appointment of a deputy director shall be by written order filed with the Secretary of39   State. A deputy director shall be in the unclassified services for purposes of the State Personnel40   Relations Law.41       [(b) One executive assistant for each deputy director appointed under this section and one for each42   administrator appointed under ORS 184.615 (4). Executive assistants appointed under this paragraph43   are in the unclassified service for purposes of the State Personnel Relations Law.]44       [(c)] (b) All subordinate officers and employees of the department and may prescribe their duties,45   assignments and reassignments and fix their compensation, subject to any applicable provisions of                                                  [10]                                          A-Eng. HB 2017 1   the State Personnel Relations Law. 2       (4) Subject to the approval of the commission, the director may organize and reorganize 3   the department as the director considers necessary to properly conduct the work of the de- 4   partment. As directed by the chairperson of the commission, the director shall assign em- 5   ployees of the department to staff the commission. 6       (5) When service of summons or other process is required by statute to be served on the 7   Director of Transportation, the Department of Transportation or the Oregon Transportation 8   Commission, such service shall be made upon the office of the director. 9       NOTE: Sections 21 to 24 were deleted by amendment. Subsequent sections were not renumbered.10       SECTION 25. ORS 184.633 is amended to read:11       184.633. (1) Subject to policy direction by the Oregon Transportation Commission, the Director12   of Transportation shall:13       (a) Be the administrative head of the Department of Transportation;14       (b) Have power, within applicable budgetary limitations, and in accordance with ORS chapter15   240, to hire, assign, reassign and coordinate personnel of the department and prescribe their duties16   and fix their compensation, subject to the State Personnel Relations Law;17       (c) Administer the laws of the state concerning transportation; [and]18       (d) Intervene, as authorized by the commission, pursuant to the rules of practice and procedure,19   in the proceedings of state and federal agencies which may substantially affect the interest of the20   consumers and providers of transportation within Oregon[.]; and21       (e) Construct, coordinate and promote an integrated transportation system in cooper-22   ation with any city, county, district, port or private entity, as defined in ORS 367.802.23       (2) In addition to duties otherwise required by law, the director shall prescribe regulations for24   the government of the department, the conduct of its employees, the assignment and performance25   of its business and the custody, use and preservation of its records, papers and property in a manner26   consistent with applicable law.27       (3) The director may delegate to any of the employees of the department the exercise or dis-28   charge in the director’s name of any power, duty or function of whatever character, vested in or29   imposed by law upon the director, including powers, duties or functions delegated to the director30   by the commission pursuant to ORS 184.635. The official act of any such person so acting in the31   director’s name and by the authority of the director shall be considered to be an official act of the32   director.33       (4) The director shall have authority to require a fidelity bond of any officer or employee of the34   department who has charge of, handles or has access to any state money or property, and who is35   not otherwise required by law to give a bond. The amounts of the bond shall be fixed by the direc-36   tor, except as otherwise provided by law, and the sureties shall be approved by the director. The37   department shall pay the premiums on the bonds.38       (5)(a) Subject to local government requirements and the provisions of ORS 197.830 to 197.845,39   the director may participate in and seek review of a land use decision or limited land use decision40   as defined in ORS 197.015, or an expedited land division as defined in ORS 197.360. The director41   shall report to the commission on each case in which the department participates and on the posi-42   tions taken by the director in each case.43       (b) If a meeting of the commission is scheduled prior to the close of the period for seeking re-44   view of a land use decision, expedited land division or limited land use decision, the director shall45   obtain formal approval from the commission prior to seeking review of the decision. However, if the                                                 [11]                                          A-Eng. HB 2017 1   land use decision, expedited land division or limited land use decision becomes final less than 15 2   days before a meeting of the commission, the director shall proceed as provided in paragraph (c) of 3   this subsection. If the director requests approval from the commission, the applicant and the affected 4   local government shall be notified in writing that the director is seeking commission approval. The 5   director, the applicant and the affected local government shall be given reasonable time to address 6   the commission regarding the director’s request for approval to seek review. No other testimony 7   shall be taken by the commission. 8       (c) If a meeting of the commission is not scheduled prior to the close of the period for seeking 9   review of a land use decision, expedited land division or limited land use decision, at the next10   commission meeting the director shall report to the commission on each case for which the depart-11   ment has sought review. The director shall request formal approval to proceed with each appeal.12   The applicant and the affected local government shall be notified of the commission meeting in13   writing by the director. The director, the applicant and the affected local government shall be given14   reasonable time to address the commission regarding the director’s request for approval to proceed15   with the appeal. No other testimony shall be taken by the commission. If the commission does not16   formally approve an appeal, the director shall file a motion with the appropriate tribunal to dismiss17   the appeal.18       (d) A decision by the commission under this subsection is not subject to appeal.19       (e) For purposes of this subsection, “applicant” means a person seeking approval of a permit,20   as defined in ORS 215.402 or 227.160, expedited land division or limited land use decision.21       (6) The director may intervene in an appeal of a land use decision brought by another person22   in the manner provided for an appeal by the director under subsection (5) of this section.2324                                 (Joint Committee on Transportation)2526       SECTION 26. (1) There is established the Joint Committee on Transportation.27       (2) The joint committee consists of members of the Senate appointed by President of28   Senate and members of the House of Representatives appointed by the Speaker of the House29   of Representatives.30       (3) The President of the Senate shall appoint one cochair for the joint committee and the31   Speaker of the House of Representatives shall appoint one cochair for the joint committee32   with the duties and powers necessary for the performance of the functions of the offices as33   the President and the Speaker determine.34       (4) The joint committee has a continuing existence and may meet, act and conduct its35   business during sessions of the Legislative Assembly or any recess thereof and in the interim36   between sessions.37       (5) The term of a member shall expire upon the date of the convening of the odd-38   numbered year regular session of the Legislative Assembly next following the commence-39   ment of the member’s term. When a vacancy occurs in the membership of the joint40   committee in the interim between odd-numbered year regular sessions, until such vacancy41   is filled, the membership of the joint committee shall be considered not to include the vacant42   position for the purpose of determining whether a quorum is present and a quorum is a43   majority of the remaining members.44       (6) If there is a vacancy for any cause, the appointing authority shall make an appoint-45   ment to become immediately effective.                                                [12]                                       A-Eng. HB 2017 1      (7) Members of the joint committee shall receive an amount equal to that authorized 2   under ORS 171.072 from funds appropriated to the Legislative Assembly for each day spent 3   in the performance of their duties as members of the joint committee or any subcommittee 4   thereof in lieu of reimbursement for in-state travel expenses. However, when engaged in 5   out-of-state travel, members shall be entitled to receive their actual and necessary expenses 6   therefor in lieu of the amount authorized by this subsection. Payment shall be made from 7   funds appropriated to the Legislative Assembly. 8      (8) The joint committee may not transact business unless a quorum is present. A quorum 9   consists of a majority of joint committee members from the House of Representatives and10   a majority of joint committee members from the Senate.11      (9) Action by the joint committee requires the affirmative vote of a majority of joint12   committee members from the House of Representatives and a majority of joint committee13   members from the Senate.14      (10) The joint committee may adopt rules necessary for the operation of the joint com-15   mittee.16      (11) The Legislative Policy and Research Director may employ persons necessary for the17   performance of the functions of the joint committee. The Legislative Policy and Research18   Director shall fix the duties and amounts of compensation of the employees.         The joint19   committee shall use the services of continuing legislative staff, without employing additional20   persons, to the greatest extent practicable.21      (12) All agencies of state government, as defined in ORS 174.111, are directed to assist22   the joint committee in the performance of the duties of the joint committee and, to the ex-23   tent permitted by laws relating to confidentiality, to furnish information and advice the24   members of the joint committee consider necessary to perform their duties.25      SECTION 27. The Joint Committee on Transportation shall examine transportation re-26   lated policy and transportation project expenditures and make recommendations related to27   transportation to the Joint Committee on Ways and Means. The Joint Committee on Trans-28   portation shall provide general legislative oversight of the Department of Transportation.29      SECTION 27a. (1) The Joint Committee on Transportation established under section 2630   of this 2017 Act shall study the adequacy of funding provided under this 2017 Act in meeting31   the transportation infrastructure requirements of this state.32      (2) The joint committee must complete the study required under subsection (1) of this33   section before the date of adjournment sine die of the 2023 regular session of the Legislative34   Assembly.35      SECTION 27b. Section 27a of this 2017 Act is repealed on January 2, 2024.36      SECTION 27c. The Oregon Transportation Commission shall conduct a study and make37   a report on its findings to the Joint Committee on Transportation established under section38   26 of this 2017 Act and to the appropriate fiscal and policy committees or interim committees39   of the Legislative Assembly as follows:40      (1) No later than February 1, 2018, the costs to complete the Interstate 205 Abernethy41   Bridge Project and the Interstate 205 Freeway Widening Project.42      (2) No later than February 1, 2020, the costs to complete the Interstate 5 Rose Quarter43   Project.44      SECTION 27d. Section 27c of this 2017 Act is repealed on June 30, 2020.45      SECTION 27e. The Oregon Transportation Commission shall conduct a study and make                                               [13]                                           A-Eng. HB 2017 1   a report on its findings no later than January 1, 2020, to the Joint Committee on Transpor- 2   tation established under section 26 of this 2017 Act on the costs to: 3       (1) Upgrade the portion of Southeast Powell Boulevard beginning where it intersects with 4   Southeast 9th Avenue and ending where it intersects with Interstate 205; and 5       (2) Transfer the upgraded portion to the City of Portland. 6       SECTION 27f. Section 27e of this 2017 Act is repealed on June 30, 2020. 7 8                                        (Conforming Amendments) 910       SECTION 28. ORS 366.752 is amended to read:11       366.752. (1) The following moneys shall be allocated as described in subsections (2) and (3) of this12   section:13       (a) The amount attributable to the fee increases by the amendments to ORS 803.090 by section14   42, chapter 865, Oregon Laws 2009.15       (b) The amount attributable to the fee increases by the amendments to ORS 803.420 by section16   43, chapter 865, Oregon Laws 2009.17       (c) The amount attributable to the fee increases by the amendments to ORS 803.420 by section18   43a, chapter 865, Oregon Laws 2009.19       (d) The amount attributable to the fee increases by the amendments to ORS 803.570 by section20   44, chapter 865, Oregon Laws 2009.21       (e) The amount attributable to the fee increase by the amendments to ORS 803.645 by section22   44a, chapter 865, Oregon Laws 2009.23       (f) The amount attributable to the increase in fees and tax rates by the amendments to ORS24   319.020, 319.530, 818.225, 825.476 and 825.480 by sections 48, 49 and 51 to 53, chapter 865, Oregon25   Laws 2009.26       (2) The moneys described in subsection (1) of this section shall be allocated first in an amount27   of $24 million per year in monthly installments to the Department of Transportation for the purposes28   described in the long-range plan developed pursuant to ORS [184.618] 184.617. The remainder of the29   moneys shall be allocated as provided in subsection (3) of this section.30       (3) The moneys described in subsection (1) of this section that remain after the allocation of31   moneys described in subsection (2) of this section shall be allocated as follows:32       (a) 50 percent to the Department of Transportation.33       (b) 30 percent to counties for distribution as provided in ORS 366.762.34       (c) 20 percent to cities for distribution as provided in ORS 366.800.35       (4) Except as provided in subsection (5) of this section, the moneys described in subsection (3)(a)36   of this section or equivalent amounts that become available to the Department of Transportation37   shall be allocated as follows:38       (a) 33 percent for maintenance, preservation and safety of highways.39       (b) 15.75 percent for the state modernization program for highways as described in ORS 366.507.40       (c) 51.25 percent for the purposes described in ORS 367.620 (3)(c) and section 64, chapter 865,41   Oregon Laws 2009.42       (5) The moneys allocated in subsection (4) of this section may be used to secure and pay bond43   debt service on Highway User Tax Bonds under ORS 367.615.44       (6) For the purposes of this section:45       (a) “Bond” has the meaning given that term in ORS 367.010.                                                 [14]                                            A-Eng. HB 2017 1       (b) “Bond debt service” has the meaning given that term in ORS 367.010. 2       SECTION 28a. ORS 184.888 is amended to read: 3       184.888. As used in ORS [184.889] 184.617, 184.893, 184.895, 184.897 and 184.899, “metropolitan 4   planning organization” has the meaning given that term in ORS 197.629. 5       SECTION 28b. ORS 184.891 is amended to read: 6       184.891. ORS [184.889] 184.617 does not limit the authority of an agency, as defined in ORS 7   183.310, to regulate air contaminants. 8       SECTION 29. ORS 367.806 is amended to read: 9       367.806. (1) As part of the Oregon Innovative Partnerships Program established under ORS10   367.804, the Department of Transportation may:11       (a) Enter into any agreement or any configuration of agreements relating to transportation12   projects with any private entity or unit of government or any configuration of private entities and13   units of government. The subject of agreements entered into under this section may include, but14   need not be limited to, planning, acquisition, financing, development, design, construction, recon-15   struction, replacement, improvement, maintenance, management, repair, leasing and operation of16   transportation projects.17       (b) Include in any agreement entered into under this section any financing mechanisms, includ-18   ing but not limited to the imposition and collection of franchise fees or user fees and the develop-19   ment or use of other revenue sources.20       (2) As part of the Oregon Innovative Partnerships Program established under ORS 367.804, the21   department shall enter into agreements to undertake transportation projects the subjects of which22   include the application of technology standards to determine whether to certify technology, the23   collection of metered use data, tax processing and account management, as these subjects relate to24   the operation of a road usage charge system pursuant to ORS 319.883 to 319.945.25       (3) The agreements among the public and private sector partners entered into under this section26   must specify at least the following:27       (a) At what point in the transportation project public and private sector partners will enter the28   project and which partners will assume responsibility for specific project elements;29       (b) How the partners will share management of the risks of the project;30       (c) How the partners will share the costs of development of the project;31       (d) How the partners will allocate financial responsibility for cost overruns;32       (e) The penalties for nonperformance;33       (f) The incentives for performance;34       (g) The accounting and auditing standards to be used to evaluate work on the project; and35       (h) Whether the project is consistent with the plan developed by the Oregon Transportation36   Commission under ORS [184.618] 184.617 and any applicable regional transportation plans or local37   transportation system programs and, if not consistent, how and when the project will become con-38   sistent with applicable plans and programs.39       (4) The department may, either separately or in combination with any other unit of government,40   enter into working agreements, coordination agreements or similar implementation agreements to41   carry out the joint implementation of any transportation project selected under ORS 367.804.42       (5) Except for ORS 383.015, 383.017 (1), (2), (3) and (5) and 383.019, the provisions of ORS 383.00343   to 383.075 apply to any tollway project entered into under ORS 367.800 to 367.824.44       (6) The provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not45   apply to concepts or proposals submitted under ORS 367.804, or to agreements entered into under                                                 [15]                                          A-Eng. HB 2017 1   this section, except that if public moneys are used to pay any costs of construction of public works 2   that is part of a project, the provisions of ORS 279C.800 to 279C.870 apply to the public works. In 3   addition, if public moneys are used to pay any costs of construction of public works that is part of 4   a project, the construction contract for the public works must contain provisions that require the 5   payment of workers under the contract in accordance with ORS 279C.540 and 279C.800 to 279C.870. 6       (7)(a) The department may not enter into an agreement under this section until the agreement 7   is reviewed and approved by the Oregon Transportation Commission. 8       (b) The department may not enter into, and the commission may not approve, an agreement 9   under this section for the construction of a public improvement as part of a transportation project10   unless the agreement provides for bonding, financial guarantees, deposits or the posting of other11   security to secure the payment of laborers, subcontractors and suppliers who perform work or pro-12   vide materials as part of the project.13       (c) Before presenting an agreement to the commission for approval under this subsection, the14   department must consider whether to implement procedures to promote competition among subcon-15   tractors for any subcontracts to be let in connection with the transportation project. As part of its16   request for approval of the agreement, the department shall report in writing to the commission its17   conclusions regarding the appropriateness of implementing such procedures.18       (8)(a) Except as provided in paragraph (b) of this subsection, documents, communications and19   information developed, exchanged or compiled in the course of negotiating an agreement with a20   private entity under this section are exempt from disclosure under ORS 192.410 to 192.505.21       (b) The documents, communications or information described in paragraph (a) of this subsection22   are subject to disclosure under ORS 192.410 to 192.505 when the documents, communications or in-23   formation are submitted to the commission in connection with its review and approval of a trans-24   portation project under subsection (7) of this section.25       (9) The terms of a final agreement entered into under this section and the terms of a proposed26   agreement presented to the commission for review and approval under subsection (7) of this section27   are subject to disclosure under ORS 192.410 to 192.505.28       (10) As used in this section:29       (a) “Public improvement” has the meaning given that term in ORS 279A.010.30       (b) “Public works” has the meaning given that term in ORS 279C.800.31       SECTION 30. ORS 374.328 is amended to read:32       374.328. The Oregon Transportation Commission shall periodically review, not less often than33   every six years, the classification of state highways, including the designation of highway segments34   as expressways, as a part of its comprehensive, long-range transportation plan developed pursuant35   to ORS [184.618] 184.617 to ensure that the classifications for the highways and designations of ex-36   pressways are appropriate to their uses.3738                         HIGHWAY MAINTENANCE, PRESERVATION AND39                                            SEISMIC UPGRADES40                        (Vehicle Registration Fees, Title Fees and Fuel Taxes)4142       SECTION 31. Sections 32 and 37 of this 2017 Act are added to and made a part of the43   Oregon Vehicle Code.44       SECTION 32. (1) As used in this section, “miles per gallon” or “MPG” means the distance45   traveled in a vehicle powered by one gallon of fuel.                                                 [16]                                              A-Eng. HB 2017 1       (2) The Department of Transportation shall determine the combined MPG ratings for 2   each motor vehicle pursuant to a method determined by the department. 3       (3) Except as provided in ORS 319.890 (3), in addition to the registration fees prescribed 4   under ORS 803.420 (6)(a), during the period beginning on January 1, 2018, and ending on De- 5   cember 31, 2019, there shall be paid for each year of the registration period an additional 6   amount of $13. 7       (4) Except as provided in ORS 319.890 (3), in addition to the registration fees prescribed 8   under ORS 803.420 (6)(a), during the period beginning on January 1, 2020, and ending on De- 9   cember 31, 2021, there shall be paid for each year of the registration period, an additional10   amount as follows:11       (a) For vehicles that have a rating of 0-19 MPG, $18.12       (b) For vehicles that have a rating of 20-39 MPG, $23.13       (c) For vehicles that have a rating of 40 MPG or greater, $33.14       (d) For electric vehicles, $110.15       SECTION 33. Section 32 of this 2017 Act is amended to read:16       Sec. 32. (1) As used in this section, “miles per gallon” or “MPG” means the distance traveled17   in a vehicle powered by one gallon of fuel.18       (2) The Department of Transportation shall determine the combined MPG ratings for each motor19   vehicle pursuant to a method determined by the department.20       [(3) Except as provided in ORS 319.890 (3), in addition to the registration fees prescribed under21   ORS 803.420 (6)(a), during the period beginning on January 1, 2018, and ending on December 31, 2019,22   there shall be paid for each year of the registration period an additional amount of $13.]23       [(4) Except as provided in ORS 319.890 (3), in addition to the registration fees prescribed under24   ORS 803.420 (6)(a), during the period beginning on January 1, 2020, and ending on December 31, 2021,25   there shall be paid for each year of the registration period, an additional amount as follows:]26       [(a) For vehicles that have a rating of 0-19 MPG, $18.]27       [(b) For vehicles that have a rating of 20-39 MPG, $23.]28       [(c) For vehicles that have a rating of 40 MPG or greater, $33.]29       [(d) For electric vehicles, $110.]30       (3) Except as provided in ORS 319.890 (3), in addition to the registration fees prescribed31   under ORS 803.420 (6)(a), there shall be paid for each year of the registration period, an ad-32   ditional amount as follows:33       (a) For vehicles that have a rating of 0-19 MPG, $20.34       (b) For vehicles that have a rating of 20-39 MPG, $25.35       (c) For vehicles that have a rating of 40 MPG or greater, $35.36       (d) For electric vehicles, $115.37       SECTION 34. ORS 803.420 is amended to read:38       803.420. [This section establishes registration fees for vehicles. If there is uncertainty as to the39   classification of a vehicle for purposes of the payment of registration fees under the vehicle code, the40   Department of Transportation may classify the vehicle to assure that registration fees for the vehicle41   are the same as for vehicles the department determines to be comparable. The registration fees for the42   vehicle shall be those based on the classification determined by the department. Except as otherwise43   provided in this section, or unless the vehicle is registered quarterly, the fees described in this section44   are for an entire registration period for the vehicle as described under ORS 803.415. The department45   shall apportion any fee under this section to reflect the number of quarters registered for a vehicle                                                   [17]                                              A-Eng. HB 2017 1   registered for a quarterly registration period under ORS 803.415. The fees are payable when a vehicle 2   is registered and upon renewal of registration. Except as provided in ORS 801.041 (3) and 801.042 (7), 3   the fee shall be increased by any amount established by the governing body of a county or by the 4   governing body of a district, as defined in ORS 801.237, under ORS 801.041 or 801.042 as an addi- 5   tional registration fee for the vehicle. The fees for registration of vehicles are as follows:] 6          (1) The vehicle registration fees imposed under this section shall be based on the classi- 7   fications determined by the Department of Transportation by rule. The department may 8   classify a vehicle to ensure that registration fees for the vehicle are the same as for other 9   vehicles the department determines to be comparable.10          (2) Except as otherwise provided in this section, or unless the vehicle is registered11   quarterly, the fees described in this section are for an entire registration period for the ve-12   hicle as described under ORS 803.415. For a vehicle registered for a quarterly registration13   period under ORS 803.415, the department shall apportion any fee under this section to re-14   flect the number of quarters registered.15          (3) Vehicle registration fees are due when a vehicle is registered and when the registered16   owner renews the registration.17          (4) In addition to the registration fees listed in this section, a county or a district may18   impose an additional registration fee as provided under ORS 801.041 and 801.042.19          (5) A rental or leasing company, as defined in ORS 221.275, that elects to initially register20   a vehicle for an annual or biennial registration period shall pay a fee of $2 in addition to the21   vehicle registration fee provided under this section.22          (6) The registration fees for each year of the registration period for vehicles subject to23   biennial registration are as follows:24          [(1)] (a) Passenger vehicles not otherwise provided for in this section or ORS 821.320, $43 [for25   each year of the registration period].26          (b) Utility trailers or light trailers, as those terms are defined by rule by the department,27   $58.28          [(2)] (c) Mopeds and motorcycles, [$24 for each year of the registration period.] $39.29          [(3) Motorcycles, $24 for each year of the registration period.]30          [(4) Government-owned vehicles registered under ORS 805.040, $3.50.]31          [(5) State-owned vehicles registered under ORS 805.045, $3.50 on registration or renewal.]32          [(6) Undercover vehicles registered under ORS 805.060, $3.50 on registration or renewal.]33          (d) Low-speed vehicles, $58.34          (e) Medium-speed electric vehicles, $58.35          (7) The registration fees for vehicles that are subject to biennial registration and that36   are listed in this subsection are as follows:37          (a) State-owned vehicles registered under ORS 805.045 and undercover vehicles registered38   under ORS 805.060, $10 upon registration or renewal.39          (b) Fixed load vehicles:40          (A) If a declaration of weight described under ORS 803.435 is submitted establishing the41   weight of the vehicle at 3,000 pounds or less, $61.42          (B) If no declaration of weight is submitted or if the weight of the vehicles is in excess43   of 3,000 pounds, $82.44          (c) Travel trailers, special use trailers, campers and motor homes, based on length as45   determined under ORS 803.425:                                                     [18]                                            A-Eng. HB 2017 1       (A) Trailers or campers that are 6 to 10 feet in length, $81. 2       (B) Trailers or campers over 10 feet in length, $81 plus $6.75 a foot for each foot of length 3   over the first 10 feet. 4       (C) Motor homes that are 6 to 14 feet in length, $86. 5       (D) Motor homes over 14 feet in length, $126 plus $7.50 a foot for each foot of length over 6   the first 10 feet. 7       (8) The registration fee for trailers for hire that are equipped with pneumatic tires made 8   of an elastic material and that are not travel trailers or trailers registered under permanent 9   registration is $30.10       (9) The registration fees for vehicles subject to ownership registration are as follows:11       (a) Government-owned vehicles registered under ORS 805.040, $5.12       (b) Vehicles registered with special registration for disabled veterans under ORS 805.10013   or for former prisoners of war under ORS 805.110, $15.14       (c) School vehicles registered under ORS 805.050, $5.15       (10) The registration fees for vehicles subject to permanent registration are as follows:16       [(7)] (a) Antique vehicles registered under ORS 805.010, [$54] $100.17       [(8)] (b) Vehicles of special interest registered under ORS 805.020, [$81] $100.18       (c) Racing activity vehicles registered under ORS 805.035, $100.19       (d) Trailers, $10.20       (11) The registration fee for trailers registered as part of a fleet under an agreement21   reached pursuant to ORS 802.500 is the same fee as the fee for vehicles of the same type22   registered under other provisions of the Oregon Vehicle Code.23       (12) The registration fee for vehicles with proportional registration under ORS 826.009,24   or proportional fleet registration under ORS 826.011, is the same fee as the fee for vehicles25   of the same type under this section except that the fees shall be fixed on an apportioned26   basis as provided under the agreement established under ORS 826.007.27       (13) In addition to any other registration fees charged for registration of vehicles in fleets28   under ORS 805.120, the department may charge the following fees:29       (a) Service charge for each vehicle entered into a fleet, $3.30       (b) Service charge for each vehicle in the fleet at the time of renewal, $2.31       [(9) Electric vehicles and hybrid vehicles that use electricity and another source of motive power,32   as follows:]33       [(a) The registration fee for an electric or hybrid vehicle not otherwise described in this subsection34   is $43 for each year of the registration period.]35       [(b) The registration fee for electric or hybrid vehicles that have two or three wheels is $43. This36   paragraph does not apply to electric or hybrid mopeds. Electric or hybrid mopeds are subject to the37   same registration fee as otherwise provided for mopeds under this section.]38       [(c) The registration fees for the following electric or hybrid vehicles are the same as for compa-39   rable nonelectric vehicles described in this section plus 50 percent of such fee:]40       [(A) Motor homes.]41       [(B) Commercial buses.]42       [(C) Vehicles registered as farm vehicles under ORS 805.300.]43       [(D) Vehicles required to establish registration weight under ORS 803.430 or 826.013.]44       [(10)] (14)(a)(A) For the period beginning January 1, 2018, and ending December 31, 2019,45   the registration fee for motor vehicles required to establish a registration weight under ORS                                                  [19]                                            A-Eng. HB 2017 1   803.430 or 826.013, tow vehicles used to transport property for hire other than as described in ORS 2   822.210[,] and commercial buses[,] is as provided in the following chart, based upon the weight sub- 3   mitted in the declaration of weight prepared under ORS 803.435 or 826.015: 4   _______________________________________________________________________________________ 5 6      Weight in Pounds              Fee 7     8,000 or       less        $           [55] 63 8     8,001 to     10,000                  [344] 396 9    10,001 to     12,000                  [391] 45010    12,001 to     14,000                  [438] 50411    14,001 to     16,000                  [485] 55812    16,001 to     18,000                  [532] 61213    18,001 to     20,000                  [593] 68214    20,001 to     22,000                  [640] 73615    22,001 to     24,000                  [703] 80816    24,001 to     26,000                  [764] 87917    26,001 to     28,000                       37518    28,001 to     30,000                       39119    30,001 to     32,000                       42220    32,001 to     34,000                       43821    34,001 to     36,000                       46822    36,001 to     38,000                       48523    38,001 to     40,000                       51524    40,001 to     42,000                       53225    42,001 to     44,000                       56226    44,001 to     46,000                       57827    46,001 to     48,000                       59328    48,001 to     50,000                       62529    50,001 to     52,000                       65630    52,001 to     54,000                       67231    54,001 to     56,000                       68632    56,001 to     58,000                       71733    58,001 to     60,000                       75034    60,001 to     62,000                       78035    62,001 to     64,000                       81136    64,001 to     66,000                       82737    66,001 to     68,000                       85738    68,001 to     70,000                       87439    70,001 to     72,000                       90440    72,001 to     74,000                       92141    74,001 to     76,000                       95142    76,001 to     78,000                       96743    78,001 to     80,000                       99844    80,001 to     82,000                     1,01445    82,001 to     84,000                     1,045                                                   [20]                                          A-Eng. HB 2017 1    84,001 to    86,000                   1,061 2    86,001 to    88,000                   1,092 3    88,001 to    90,000                   1,108 4    90,001 to    92,000                   1,139 5    92,001 to    94,000                   1,155 6    94,001 to    96,000                   1,185 7    96,001 to    98,000                   1,202 8    98,001 to   100,000                   1,218 9   100,001 to   102,000                   1,24910   102,001 to   104,000                   1,26511   104,001 to   105,500                   1,29512   _______________________________________________________________________________________1314      (B) For the period beginning on January 1, 2020, and ending on December 31, 2021, the15   registration fee for motor vehicles required to establish a registration weight under ORS16   803.430 or 826.013, tow vehicles used to transport property for hire other than as described17   in ORS 822.210 and commercial buses is as provided in the following chart, based upon the18   weight submitted in the declaration of weight prepared under ORS 803.435 or 826.015:192021     Weight in Pounds             Fee22     8,000 or      less       $              7023     8,001 to    10,000                     43724    10,001 to    12,000                     49725    12,001 to    14,000                     55626    14,001 to    16,000                     61627    16,001 to    18,000                     67628    18,001 to    20,000                     75329    20,001 to    22,000                     81330    22,001 to    24,000                     89331    24,001 to    26,000                     97032    26,001 to    28,000                     37533    28,001 to    30,000                     39134    30,001 to    32,000                     42235    32,001 to    34,000                     43836    34,001 to    36,000                     46837    36,001 to    38,000                     48538    38,001 to    40,000                     51539    40,001 to    42,000                     53240    42,001 to    44,000                     56241    44,001 to    46,000                     57842    46,001 to    48,000                     59343    48,001 to    50,000                     62544    50,001 to    52,000                     65645    52,001 to    54,000                     672                                               [21]                                              A-Eng. HB 2017 1    54,001 to      56,000                        686 2    56,001 to      58,000                        717 3    58,001 to      60,000                        750 4    60,001 to      62,000                        780 5    62,001 to      64,000                        811 6    64,001 to      66,000                        827 7    66,001 to      68,000                        857 8    68,001 to      70,000                        874 9    70,001 to      72,000                        90410    72,001 to      74,000                        92111    74,001 to      76,000                        95112    76,001 to      78,000                        96713    78,001 to      80,000                        99814    80,001 to      82,000                      1,01415    82,001 to      84,000                      1,04516    84,001 to      86,000                      1,06117    86,001 to      88,000                      1,09218    88,001 to      90,000                      1,10819    90,001 to      92,000                      1,13920    92,001 to      94,000                      1,15521    94,001 to      96,000                      1,18522    96,001 to      98,000                      1,20223    98,001 to     100,000                      1,21824   100,001 to     102,000                      1,24925   102,001 to     104,000                      1,26526   104,001 to     105,500                      1,295272829       [(11)(a)] (b)(A)(i) For the period beginning January 1, 2018, and ending December 31, 2019,30   the registration fee for motor vehicles with a registration weight of more than 8,000 pounds that31   are described in ORS 825.015, that are operated by a charitable organization as defined in ORS32   825.017 (13), is as provided in the following chart:33   _______________________________________________________________________________________3435      Weight in Pounds                Fee36     8,001 to      10,000         $           [50] 6437    10,001 to      12,000                     [60] 7638    12,001 to      14,000                     [65] 8339    14,001 to      16,000                     [75] 9540    16,001 to      18,000                    [80] 10241    18,001 to      20,000                    [90] 11442    20,001 to      22,000                    [95] 12143    22,001 to      24,000                   [105] 13344    24,001 to      26,000                   [110] 14045    26,001 to      28,000                   [120] 152                                                     [22]                                        A-Eng. HB 2017 1    28,001 to    30,000              [125] 159 2    30,001 to    32,000              [135] 171 3    32,001 to    34,000              [140] 178 4    34,001 to    36,000              [150] 191 5    36,001 to    38,000              [155] 197 6    38,001 to    40,000              [165] 210 7    40,001 to    42,000              [170] 216 8    42,001 to    44,000              [180] 229 9    44,001 to    46,000              [185] 23510    46,001 to    48,000              [190] 24111    48,001 to    50,000              [200] 25412    50,001 to    52,000              [210] 26713    52,001 to    54,000              [215] 27314    54,001 to    56,000              [220] 27915    56,001 to    58,000              [230] 29216    58,001 to    60,000              [240] 30517    60,001 to    62,000              [250] 31818    62,001 to    64,000              [260] 33019    64,001 to    66,000              [265] 33720    66,001 to    68,000              [275] 34921    68,001 to    70,000              [280] 35622    70,001 to    72,000              [290] 36823    72,001 to    74,000              [295] 37524    74,001 to    76,000              [305] 38725    76,001 to    78,000              [310] 39426    78,001 to    80,000              [320] 40627    80,001 to    82,000              [325] 41328    82,001 to    84,000              [335] 42529    84,001 to    86,000              [340] 43230    86,001 to    88,000              [350] 44531    88,001 to    90,000              [355] 45132    90,001 to    92,000              [365] 46433    92,001 to    94,000              [370] 47034    94,001 to    96,000              [380] 48335    96,001 to    98,000              [385] 48936    98,001 to   100,000              [390] 49537   100,001 to   102,000              [400] 50838   102,001 to   104,000              [405] 51439   104,001 to   105,500              [415] 52740   _______________________________________________________________________________________4142      (ii) For the period beginning on January 1, 2020, and ending on December 31, 2021, the43   registration fee for motor vehicles with a registration weight of more than 8,000 pounds that44   are described in ORS 825.015, that are operated by a charitable organization as defined in45   ORS 825.017 (13), is as provided in the following chart:                                              [23]                                    A-Eng. HB 2017 1 2 3    Weight in Pounds        Fee 4   8,001 to    10,000   $              68 5   10,001 to   12,000                  81 6   12,001 to   14,000                  88 7   14,001 to   16,000                 101 8   16,001 to   18,000                 108 9   18,001 to   20,000                 12210   20,001 to   22,000                 12811   22,001 to   24,000                 14212   24,001 to   26,000                 14913   26,001 to   28,000                 16214   28,001 to   30,000                 16915   30,001 to   32,000                 18216   32,001 to   34,000                 18917   34,001 to   36,000                 20318   36,001 to   38,000                 20919   38,001 to   40,000                 22320   40,001 to   42,000                 23021   42,001 to   44,000                 24322   44,001 to   46,000                 25023   46,001 to   48,000                 25724   48,001 to   50,000                 27025   50,001 to   52,000                 28426   52,001 to   54,000                 29027   54,001 to   56,000                 29728   56,001 to   58,000                 31129   58,001 to   60,000                 32430   60,001 to   62,000                 33831   62,001 to   64,000                 35132   64,001 to   66,000                 35833   66,001 to   68,000                 37134   68,001 to   70,000                 37835   70,001 to   72,000                 39236   72,001 to   74,000                 39837   74,001 to   76,000                 41238   76,001 to   78,000                 41939   78,001 to   80,000                 43240   80,001 to   82,000                 43941   82,001 to   84,000                 45242   84,001 to   86,000                 45943   86,001 to   88,000                 47344   88,001 to   90,000                 47945   90,001 to   92,000                 493                                         [24]                                             A-Eng. HB 2017 1    92,001 to     94,000                        500 2    94,001 to     96,000                        513 3    96,001 to     98,000                        520 4    98,001 to    100,000                        527 5   100,001 to    102,000                        540 6   102,001 to    104,000                        547 7   104,001 to    105,500                        560 8 910       [(b)] (B)(i) For the period beginning January 1, 2018, and ending December 31, 2019, the11   registration fee for motor vehicles with a registration weight of more than 8,000 pounds that are12   certified under ORS 822.205, unless the motor [vehicle is] vehicles are registered under [subsection13   (10)] paragraph (a) of this [section] subsection, or that are used exclusively to transport manufac-14   tured structures, is as provided in the following chart:15   _______________________________________________________________________________________1617      Weight in Pounds               Fee18     8,001 to      10,000        $         [102] 13019    10,001 to      12,000                  [122] 15520    12,001 to      14,000                  [132] 16821    14,001 to      16,000                  [153] 19422    16,001 to      18,000                  [163] 20723    18,001 to      20,000                  [183] 23224    20,001 to      22,000                  [193] 24525    22,001 to      24,000                  [214] 27226    24,001 to      26,000                  [224] 28427    26,001 to      28,000                  [244] 31028    28,001 to      30,000                  [255] 32429    30,001 to      32,000                  [275] 34930    32,001 to      34,000                  [285] 36231    34,001 to      36,000                  [306] 38932    36,001 to      38,000                  [316] 40133    38,001 to      40,000                  [336] 42734    40,001 to      42,000                  [346] 43935    42,001 to      44,000                  [367] 46636    44,001 to      46,000                  [377] 47937    46,001 to      48,000                  [387] 49138    48,001 to      50,000                  [407] 51739    50,001 to      52,000                  [428] 54440    52,001 to      54,000                  [438] 55641    54,001 to      56,000                  [448] 56942    56,001 to      58,000                  [468] 59443    58,001 to      60,000                  [489] 62144    60,001 to      62,000                  [509] 64645    62,001 to      64,000                  [530] 673                                                    [25]                                           A-Eng. HB 2017 1    64,001 to    66,000              [540] 686 2    66,001 to    68,000              [560] 711 3    68,001 to    70,000              [570] 724 4    70,001 to    72,000              [591] 751 5    72,001 to    74,000              [601] 763 6    74,001 to    76,000              [621] 789 7    76,001 to    78,000              [631] 801 8    78,001 to    80,000              [652] 828 9    80,001 to    82,000              [662] 84110    82,001 to    84,000              [682] 86611    84,001 to    86,000              [692] 87912    86,001 to    88,000              [713] 90613    88,001 to    90,000              [723] 91814    90,001 to    92,000              [743] 94415    92,001 to    94,000              [754] 95816    94,001 to    96,000              [774] 98317    96,001 to    98,000              [784] 99618    98,001 to   100,000             [794] 1,00819   100,001 to   102,000             [815] 1,03520   102,001 to   104,000             [825] 1,04821   104,001 to   105,500             [845] 1,07322   _______________________________________________________________________________________2324      (ii) For the period beginning on January 1, 2020, and ending on December 31, 2021, the25   registration fee for motor vehicles with a registration weight of more than 8,000 pounds that26   are certified under ORS 822.205, unless the motor vehicles are registered under paragraph27   (a) of this subsection, or that are used exclusively to transport manufactured structures, is28   as provided in the following chart:293031     Weight in Pounds              Fee32     8,001 to    10,000        $             13833    10,001 to    12,000                      16534    12,001 to    14,000                      17835    14,001 to    16,000                      20736    16,001 to    18,000                      22037    18,001 to    20,000                      24738    20,001 to    22,000                      26139    22,001 to    24,000                      28940    24,001 to    26,000                      30241    26,001 to    28,000                      32942    28,001 to    30,000                      34443    30,001 to    32,000                      37144    32,001 to    34,000                      38545    34,001 to    36,000                      413                                                [26]                                          A-Eng. HB 2017 1    36,001 to     38,000                     427 2    38,001 to     40,000                     454 3    40,001 to     42,000                     467 4    42,001 to     44,000                     495 5    44,001 to     46,000                     509 6    46,001 to     48,000                     522 7    48,001 to     50,000                     549 8    50,001 to     52,000                     578 9    52,001 to     54,000                     59110    54,001 to     56,000                     60511    56,001 to     58,000                     63212    58,001 to     60,000                     66013    60,001 to     62,000                     68714    62,001 to     64,000                     71615    64,001 to     66,000                     72916    66,001 to     68,000                     75617    68,001 to     70,000                     77018    70,001 to     72,000                     79819    72,001 to     74,000                     81120    74,001 to     76,000                     83821    76,001 to     78,000                     85222    78,001 to     80,000                     88023    80,001 to     82,000                     89424    82,001 to     84,000                     92125    84,001 to     86,000                     93426    86,001 to     88,000                     96327    88,001 to     90,000                     97628    90,001 to     92,000                   1,00329    92,001 to     94,000                   1,01830    94,001 to     96,000                   1,04531    96,001 to     98,000                   1,05832    98,001 to    100,000                   1,07233   100,001 to    102,000                   1,10034   102,001 to    104,000                   1,11435   104,001 to    105,500                   1,141363738       [(c)] (C) The owner of a vehicle described in [paragraphs (a) and (b) of this subsection] subpar-39   agraph (A) or (B) of this paragraph must certify at the time of initial registration, in a manner40   determined by the department by rule, that the motor vehicle will be used exclusively to transport41   manufactured structures or exclusively as described in ORS 822.210, unless the motor vehicle is42   registered under [subsection (10) of this section] paragraph (a) of this subsection, or as described43   in ORS 825.015 or 825.017 (13). Registration of a vehicle described in [paragraphs (a) and (b) of this44   subsection] subparagraph (A) or (B) of this paragraph is invalid if the vehicle is operated in any45   manner other than that described in the certification under this [paragraph] subparagraph.                                                [27]                                           A-Eng. HB 2017 1      (c)(A) For the period beginning on January 1, 2018, and ending on December 31, 2019, 2   subject to paragraph (d) of this subsection, the registration fee for motor vehicles registered 3   as farm vehicles under ORS 805.300 is as provided in the following chart, based upon the 4   registration weight given in the declaration of weight submitted under ORS 803.435: 5 6 7      Weight in Pounds             Fee 8     8,000 or      less        $              44 9     8,001 to    10,000                       5810    10,001 to    12,000                       6711    12,001 to    14,000                       8612    14,001 to    16,000                       9713    16,001 to    18,000                      11614    18,001 to    20,000                      12615    20,001 to    22,000                      14516    22,001 to    24,000                      15417    24,001 to    26,000                      17418    26,001 to    28,000                      18319    28,001 to    30,000                      20220    30,001 to    32,000                      21221    32,001 to    34,000                      23122    34,001 to    36,000                      24123    36,001 to    38,000                      26024    38,001 to    40,000                      27125    40,001 to    42,000                      29026    42,001 to    44,000                      29827    44,001 to    46,000                      31928    46,001 to    48,000                      32829    48,001 to    50,000                      34730    50,001 to    52,000                      35731    52,001 to    54,000                      36632    54,001 to    56,000                      38633    56,001 to    58,000                      40534    58,001 to    60,000                      41435    60,001 to    62,000                      42436    62,001 to    64,000                      44337    64,001 to    66,000                      46238    66,001 to    68,000                      47239    68,001 to    70,000                      48340    70,001 to    72,000                      50241    72,001 to    74,000                      51142    74,001 to    76,000                      53143    76,001 to    78,000                      54044    78,001 to    80,000                      55945    80,001 to    82,000                      569                                                [28]                                           A-Eng. HB 2017 1    82,001 to    84,000                      588 2    84,001 to    86,000                      598 3    86,001 to    88,000                      617 4    88,001 to    90,000                      626 5    90,001 to    92,000                      646 6    92,001 to    94,000                      655 7    94,001 to    96,000                      674 8    96,001 to    98,000                      685 9    98,001 to   100,000                      70410   100,001 to   102,000                      71411   102,001 to   104,000                      73312   104,001 to   105,500                      743131415      (B) For the period beginning on January 1, 2020, and ending on December 31, 2021, subject16   to paragraph (d) of this subsection, the registration fee for motor vehicles registered as farm17   vehicles under ORS 805.300 is as provided in the following chart, based upon the registration18   weight given in the declaration of weight submitted under ORS 803.435:192021      Weight in Pounds             Fee22     8,000 or      less        $              4723     8,001 to    10,000                       6224    10,001 to    12,000                       7225    12,001 to    14,000                       9226    14,001 to    16,000                      10327    16,001 to    18,000                      12328    18,001 to    20,000                      13429    20,001 to    22,000                      15430    22,001 to    24,000                      16331    24,001 to    26,000                      18532    26,001 to    28,000                      19433    28,001 to    30,000                      21534    30,001 to    32,000                      22535    32,001 to    34,000                      24636    34,001 to    36,000                      25737    36,001 to    38,000                      27738    38,001 to    40,000                      28839    40,001 to    42,000                      30840    42,001 to    44,000                      31741    44,001 to    46,000                      33942    46,001 to    48,000                      34843    48,001 to    50,000                      36944    50,001 to    52,000                      37945    52,001 to    54,000                      389                                                [29]                                            A-Eng. HB 2017 1    54,001 to       56,000                      410 2    56,001 to       58,000                      431 3    58,001 to       60,000                      440 4    60,001 to       62,000                      451 5    62,001 to       64,000                      471 6    64,001 to       66,000                      491 7    66,001 to       68,000                      502 8    68,001 to       70,000                      513 9    70,001 to       72,000                      53310    72,001 to       74,000                      54311    74,001 to       76,000                      56412    76,001 to       78,000                      57413    78,001 to       80,000                      59414    80,001 to       82,000                      60515    82,001 to       84,000                      62516    84,001 to       86,000                      63617    86,001 to       88,000                      65618    88,001 to       90,000                      66619    90,001 to       92,000                      68720    92,001 to       94,000                      69721    94,001 to       96,000                      71722    96,001 to       98,000                      72823    98,001 to      100,000                      74824   100,001 to      102,000                      75925   102,001 to      104,000                      77926   104,001 to      105,500                      790272829       (d) For any vehicle that is registered under a quarterly registration period, the regis-30   tration fee is a minimum of $15 for each quarter registered plus an additional fee of $2.31       [(12) Trailers registered under permanent registration, $10.]32       [(13) Fixed load vehicles as follows:]33       [(a) If a declaration of weight described under ORS 803.435 is submitted establishing the weight34   of the vehicle at 3,000 pounds or less, $54.]35       [(b) If no declaration of weight is submitted or if the weight of the vehicle is in excess of 3,00036   pounds, $75.]37       [(14) Trailers for hire that are equipped with pneumatic tires made of an elastic material and that38   are not travel trailers or trailers registered under permanent registration, $27.]39       [(15) Trailers registered as part of a fleet under an agreement reached pursuant to ORS 802.500,40   the same as the fee for vehicles of the same type registered under other provisions of the Oregon Vehicle41   Code.]42       [(16) Travel trailers, campers and motor homes as follows, based on length as determined under43   ORS 803.425:]44       [(a) For travel trailers or campers that are 6 to 10 feet in length, $81.]45       [(b) For travel trailers or campers over 10 feet in length, $81 plus $6.75 a foot for each foot of                                                     [30]                                                 A-Eng. HB 2017 1   length over the first 10 feet.] 2       [(c) For motor homes that are 6 to 14 feet in length, $54.] 3       [(d) For motor homes over 14 feet in length, $126 plus $7.50 a foot for each foot of length over the 4   first 10 feet.] 5       [(17) Special use trailers as follows, based on length as determined under ORS 803.425:] 6       [(a) For lengths 6 to 10 feet, $54.] 7       [(b) For special use trailers over 10 feet in length, $54 plus $3 a foot for each foot of length over 8   the first 10 feet.] 9       [(18) Fees for vehicles with proportional registration under ORS 826.009, or proportioned fleet10   registration under ORS 826.011, are as provided for vehicles of the same type under this section except11   that the fees shall be fixed on an apportioned basis as provided under the agreement established under12   ORS 826.007.]13       [(19) For any vehicle that is registered under a quarterly registration period, a minimum of $15 for14   each quarter registered plus an additional fee of $1.]15       [(20) In addition to any other fees charged for registration of vehicles in fleets under ORS 805.120,16   the department may charge the following fees:]17       [(a) A $2 service charge for each vehicle entered into a fleet.]18       [(b) A $1 service charge for each vehicle in the fleet at the time of renewal.]19       [(21) The registration fee for vehicles with special registration for disabled veterans under ORS20   805.100 is a fee of $15.]21       [(22) Subject to subsection (19) of this section, the registration fee for motor vehicles registered as22   farm vehicles under ORS 805.300 is as follows based upon the registration weight given in the decla-23   ration of weight submitted under ORS 803.435:]24   [ ___________________________________________________________________________________ ]2526      Weight in Pounds                   Fee27      8,000 or           less        $    3528      8,001 to       10,000               4629     10,001 to       12,000               5330     12,001 to       14,000               6831     14,001 to       16,000               7632     16,001 to       18,000               9133     18,001 to       20,000               9934     20,001 to       22,000              11435     22,001 to       24,000              12136     24,001 to       26,000              13737     26,001 to       28,000              14438     28,001 to       30,000              15939     30,001 to       32,000              16740     32,001 to       34,000              18241     34,001 to       36,000              19042     36,001 to       38,000              20543     38,001 to       40,000              21344     40,001 to       42,000              22845     42,001 to       44,000              235                                                      [31]                                              A-Eng. HB 2017 1    44,001 to      46,000             251 2    46,001 to      48,000             258 3    48,001 to      50,000             273 4    50,001 to      52,000             281 5    52,001 to      54,000             288 6    54,001 to      56,000             304 7    56,001 to      58,000             319 8    58,001 to      60,000             326 9    60,001 to      62,000             33410    62,001 to      64,000             34911    64,001 to      66,000             36412    66,001 to      68,000             37213    68,001 to      70,000             38014    70,001 to      72,000             39515    72,001 to      74,000             40216    74,001 to      76,000             41817    76,001 to      78,000             42518    78,001 to      80,000             44019    80,001 to      82,000             44820    82,001 to      84,000             46321    84,001 to      86,000             47122    86,001 to      88,000             48623    88,001 to      90,000             49324    90,001 to      92,000             50925    92,001 to      94,000             51626    94,001 to      96,000             53127    96,001 to      98,000             53928    98,001 to     100,000             55429   100,001 to     102,000             56230   102,001 to     104,000             57731   104,001 to     105,500             58532   [ ___________________________________________________________________________________ ]3334       [(23) The registration fee for school vehicles registered under ORS 805.050 is $7.50.]35       [(24) The registration fee for a low-speed vehicle is $43, for each year of the registration period.]36       [(25) A rental or leasing company, as defined in ORS 221.275, that elects to initially register a37   vehicle for an annual or biennial registration period shall pay a fee of $1 in addition to the vehicle38   registration fee provided under this section.]39       [(26) Racing activity vehicles registered under ORS 805.035, $81.]40       [(27) Medium-speed electric vehicles, $43 for each year of the registration period.]41       SECTION 35. ORS 803.420, as amended by section 34 of this 2017 Act, is amended to read:42       803.420. (1) The vehicle registration fees imposed under this section shall be based on the clas-43   sifications determined by the Department of Transportation by rule. The department may classify a44   vehicle to ensure that registration fees for the vehicle are the same as for other vehicles the de-45   partment determines to be comparable.                                                   [32]                                              A-Eng. HB 2017 1          (2) Except as otherwise provided in this section, or unless the vehicle is registered quarterly, 2   the fees described in this section are for an entire registration period for the vehicle as described 3   under ORS 803.415. For a vehicle registered for a quarterly registration period under ORS 803.415, 4   the department shall apportion any fee under this section to reflect the number of quarters regis- 5   tered. 6          (3) Vehicle registration fees are due when a vehicle is registered and when the registered owner 7   renews the registration. 8          (4) In addition to the registration fees listed in this section, a county or a district may impose 9   an additional registration fee as provided under ORS 801.041 and 801.042.10          (5) A rental or leasing company, as defined in ORS 221.275, that elects to initially register a11   vehicle for an annual or biennial registration period shall pay a fee of $2 in addition to the vehicle12   registration fee provided under this section.13          (6) The registration fees for each year of the registration period for vehicles subject to biennial14   registration are as follows:15          (a) Passenger vehicles not otherwise provided for in this section or ORS 821.320, $43.16          (b) Utility trailers or light trailers, as those terms are defined by rule by the department, [$58]17   $63.18          (c) Mopeds and motorcycles, [$39] $44.19          (d) Low-speed vehicles, [$58] $63.20          (e) Medium-speed electric vehicles, [$58] $63.21          (7) The registration fees for vehicles that are subject to biennial registration and that are listed22   in this subsection are as follows:23          (a) State-owned vehicles registered under ORS 805.045 and undercover vehicles registered under24   ORS 805.060, $10 upon registration or renewal.25          (b) Fixed load vehicles:26          (A) If a declaration of weight described under ORS 803.435 is submitted establishing the weight27   of the vehicle at 3,000 pounds or less, $61.28          (B) If no declaration of weight is submitted or if the weight of the vehicles is in excess of 3,00029   pounds, $82.30          (c) Travel trailers, special use trailers, campers and motor homes, based on length as determined31   under ORS 803.425:32          (A) Trailers or campers that are 6 to 10 feet in length, $81.33          (B) Trailers or campers over 10 feet in length, $81 plus $6.75 a foot for each foot of length over34   the first 10 feet.35          (C) Motor homes that are 6 to 14 feet in length, $86.36          (D) Motor homes over 14 feet in length, $126 plus $7.50 a foot for each foot of length over the37   first 10 feet.38          (8) The registration fee for trailers for hire that are equipped with pneumatic tires made of an39   elastic material and that are not travel trailers or trailers registered under permanent registration40   is $30.41          (9) The registration fees for vehicles subject to ownership registration are as follows:42          (a) Government-owned vehicles registered under ORS 805.040, $5.43          (b) Vehicles registered with special registration for disabled veterans under ORS 805.100 or for44   former prisoners of war under ORS 805.110, $15.45          (c) School vehicles registered under ORS 805.050, $5.                                                     [33]                                             A-Eng. HB 2017 1       (10) The registration fees for vehicles subject to permanent registration are as follows: 2       (a) Antique vehicles registered under ORS 805.010, $100. 3       (b) Vehicles of special interest registered under ORS 805.020, $100. 4       (c) Racing activity vehicles registered under ORS 805.035, $100. 5       (d) Trailers, $10. 6       (11) The registration fee for trailers registered as part of a fleet under an agreement reached 7   pursuant to ORS 802.500 is the same fee as the fee for vehicles of the same type registered under 8   other provisions of the Oregon Vehicle Code. 9       (12) The registration fee for vehicles with proportional registration under ORS 826.009, or pro-10   portional fleet registration under ORS 826.011, is the same fee as the fee for vehicles of the same11   type under this section except that the fees shall be fixed on an apportioned basis as provided under12   the agreement established under ORS 826.007.13       (13) In addition to any other registration fees charged for registration of vehicles in fleets under14   ORS 805.120, the department may charge the following fees:15       (a) Service charge for each vehicle entered into a fleet, $3.16       (b) Service charge for each vehicle in the fleet at the time of renewal, $2.17       [(14)(a)(A) For the period beginning January 1, 2018, and ending December 31, 2019, the registra-18   tion fee for motor vehicles required to establish a registration weight under ORS 803.430 or 826.013,19   tow vehicles used to transport property for hire other than as described in ORS 822.210 and commer-20   cial buses is as provided in the following chart, based upon the weight submitted in the declaration21   of weight prepared under ORS 803.435 or 826.015:]22   [ ___________________________________________________________________________________ ]2324      Weight in Pounds               Fee25     8,000 or         less       $              6326     8,001 to      10,000                      39627    10,001 to      12,000                      45028    12,001 to      14,000                      50429    14,001 to      16,000                      55830    16,001 to      18,000                      61231    18,001 to      20,000                      68232    20,001 to      22,000                      73633    22,001 to      24,000                      80834    24,001 to      26,000                      87935    26,001 to      28,000                      37536    28,001 to      30,000                      39137    30,001 to      32,000                      42238    32,001 to      34,000                      43839    34,001 to      36,000                      46840    36,001 to      38,000                      48541    38,001 to      40,000                      51542    40,001 to      42,000                      53243    42,001 to      44,000                      56244    44,001 to      46,000                      57845    46,001 to      48,000                      593                                                  [34]                                              A-Eng. HB 2017 1    48,001 to      50,000                       625 2    50,001 to      52,000                       656 3    52,001 to      54,000                       672 4    54,001 to      56,000                       686 5    56,001 to      58,000                       717 6    58,001 to      60,000                       750 7    60,001 to      62,000                       780 8    62,001 to      64,000                       811 9    64,001 to      66,000                       82710    66,001 to      68,000                       85711    68,001 to      70,000                       87412    70,001 to      72,000                       90413    72,001 to      74,000                       92114    74,001 to      76,000                       95115    76,001 to      78,000                       96716    78,001 to      80,000                       99817    80,001 to      82,000                     1,01418    82,001 to      84,000                     1,04519    84,001 to      86,000                     1,06120    86,001 to      88,000                     1,09221    88,001 to      90,000                     1,10822    90,001 to      92,000                     1,13923    92,001 to      94,000                     1,15524    94,001 to      96,000                     1,18525    96,001 to      98,000                     1,20226    98,001 to     100,000                     1,21827   100,001 to     102,000                     1,24928   102,001 to     104,000                     1,26529   104,001 to     105,500                     1,29530   [ ___________________________________________________________________________________ ]3132       [(B) For the period beginning on January 1, 2020, and ending on December 31, 2021, the regis-33   tration fee for motor vehicles required to establish a registration weight under ORS 803.430 or 826.013,34   tow vehicles used to transport property for hire other than as described in ORS 822.210 and commer-35   cial buses is as provided in the following chart, based upon the weight submitted in the declaration36   of weight prepared under ORS 803.435 or 826.015:]37   [ ___________________________________________________________________________________ ]3839      Weight in Pounds                Fee40     8,000 or        less         $              7041     8,001 to      10,000                       43742    10,001 to      12,000                       49743    12,001 to      14,000                       55644    14,001 to      16,000                       61645    16,001 to      18,000                       676                                                   [35]                                    A-Eng. HB 2017 1    18,001 to    20,000               753 2    20,001 to    22,000               813 3    22,001 to    24,000               893 4    24,001 to    26,000               970 5    26,001 to    28,000               375 6    28,001 to    30,000               391 7    30,001 to    32,000               422 8    32,001 to    34,000               438 9    34,001 to    36,000               46810    36,001 to    38,000               48511    38,001 to    40,000               51512    40,001 to    42,000               53213    42,001 to    44,000               56214    44,001 to    46,000               57815    46,001 to    48,000               59316    48,001 to    50,000               62517    50,001 to    52,000               65618    52,001 to    54,000               67219    54,001 to    56,000               68620    56,001 to    58,000               71721    58,001 to    60,000               75022    60,001 to    62,000               78023    62,001 to    64,000               81124    64,001 to    66,000               82725    66,001 to    68,000               85726    68,001 to    70,000               87427    70,001 to    72,000               90428    72,001 to    74,000               92129    74,001 to    76,000               95130    76,001 to    78,000               96731    78,001 to    80,000               99832    80,001 to    82,000              1,01433    82,001 to    84,000              1,04534    84,001 to    86,000              1,06135    86,001 to    88,000              1,09236    88,001 to    90,000              1,10837    90,001 to    92,000              1,13938    92,001 to    94,000              1,15539    94,001 to    96,000              1,18540    96,001 to    98,000              1,20241    98,001 to   100,000              1,21842   100,001 to   102,000              1,24943   102,001 to   104,000              1,26544   104,001 to   105,500              1,29545   [ ___________________________________________________________________________________ ]                                          [36]                                             A-Eng. HB 2017 1 2       [(b)(A)(i) For the period beginning January 1, 2018, and ending December 31, 2019, the registration 3   fee for motor vehicles with a registration weight of more than 8,000 pounds that are described in ORS 4   825.015, that are operated by a charitable organization as defined in ORS 825.017 (13), is as provided 5   in the following chart:] 6   [ ___________________________________________________________________________________ ] 7 8      Weight in Pounds               Fee 9     8,001 to      10,000        $              6410    10,001 to      12,000                       7611    12,001 to      14,000                       8312    14,001 to      16,000                       9513    16,001 to      18,000                      10214    18,001 to      20,000                      11415    20,001 to      22,000                      12116    22,001 to      24,000                      13317    24,001 to      26,000                      14018    26,001 to      28,000                      15219    28,001 to      30,000                      15920    30,001 to      32,000                      17121    32,001 to      34,000                      17822    34,001 to      36,000                      19123    36,001 to      38,000                      19724    38,001 to      40,000                      21025    40,001 to      42,000                      21626    42,001 to      44,000                      22927    44,001 to      46,000                      23528    46,001 to      48,000                      24129    48,001 to      50,000                      25430    50,001 to      52,000                      26731    52,001 to      54,000                      27332    54,001 to      56,000                      27933    56,001 to      58,000                      29234    58,001 to      60,000                      30535    60,001 to      62,000                      31836    62,001 to      64,000                      33037    64,001 to      66,000                      33738    66,001 to      68,000                      34939    68,001 to      70,000                      35640    70,001 to      72,000                      36841    72,001 to      74,000                      37542    74,001 to      76,000                      38743    76,001 to      78,000                      39444    78,001 to      80,000                      40645    80,001 to      82,000                      413                                                  [37]                                               A-Eng. HB 2017 1    82,001 to      84,000                        425 2    84,001 to      86,000                        432 3    86,001 to      88,000                        445 4    88,001 to      90,000                        451 5    90,001 to      92,000                        464 6    92,001 to      94,000                        470 7    94,001 to      96,000                        483 8    96,001 to      98,000                        489 9    98,001 to     100,000                        49510   100,001 to     102,000                        50811   102,001 to     104,000                        51412   104,001 to     105,500                        52713   [ ___________________________________________________________________________________ ]1415       [(ii) For the period beginning on January 1, 2020, and ending on December 31, 2021, the registra-16   tion fee for motor vehicles with a registration weight of more than 8,000 pounds that are described in17   ORS 825.015, that are operated by a charitable organization as defined in ORS 825.017 (13), is as18   provided in the following chart:]19   [ ___________________________________________________________________________________ ]2021      Weight in Pounds                 Fee22     8,001 to      10,000         $               6823    10,001 to      12,000                         8124    12,001 to      14,000                         8825    14,001 to      16,000                        10126    16,001 to      18,000                        10827    18,001 to      20,000                        12228    20,001 to      22,000                        12829    22,001 to      24,000                        14230    24,001 to      26,000                        14931    26,001 to      28,000                        16232    28,001 to      30,000                        16933    30,001 to      32,000                        18234    32,001 to      34,000                        18935    34,001 to      36,000                        20336    36,001 to      38,000                        20937    38,001 to      40,000                        22338    40,001 to      42,000                        23039    42,001 to      44,000                        24340    44,001 to      46,000                        25041    46,001 to      48,000                        25742    48,001 to      50,000                        27043    50,001 to      52,000                        28444    52,001 to      54,000                        29045    54,001 to      56,000                        297                                                    [38]                                             A-Eng. HB 2017 1    56,001 to      58,000                      311 2    58,001 to      60,000                      324 3    60,001 to      62,000                      338 4    62,001 to      64,000                      351 5    64,001 to      66,000                      358 6    66,001 to      68,000                      371 7    68,001 to      70,000                      378 8    70,001 to      72,000                      392 9    72,001 to      74,000                      39810    74,001 to      76,000                      41211    76,001 to      78,000                      41912    78,001 to      80,000                      43213    80,001 to      82,000                      43914    82,001 to      84,000                      45215    84,001 to      86,000                      45916    86,001 to      88,000                      47317    88,001 to      90,000                      47918    90,001 to      92,000                      49319    92,001 to      94,000                      50020    94,001 to      96,000                      51321    96,001 to      98,000                      52022    98,001 to     100,000                      52723   100,001 to     102,000                      54024   102,001 to     104,000                      54725   104,001 to     105,500                      56026   [ ___________________________________________________________________________________ ]2728       [(B)(i) For the period beginning January 1, 2018, and ending December 31, 2019, the registration29   fee for motor vehicles with a registration weight of more than 8,000 pounds that are certified under30   ORS 822.205, unless the motor vehicles are registered under paragraph (a) of this subsection, or that31   are used exclusively to transport manufactured structures, is as provided in the following chart:]32   [ ___________________________________________________________________________________ ]3334      Weight in Pounds               Fee35     8,001 to      10,000        $             13036    10,001 to      12,000                      15537    12,001 to      14,000                      16838    14,001 to      16,000                      19439    16,001 to      18,000                      20740    18,001 to      20,000                      23241    20,001 to      22,000                      24542    22,001 to      24,000                      27243    24,001 to      26,000                      28444    26,001 to      28,000                      31045    28,001 to      30,000                      324                                                  [39]                                           A-Eng. HB 2017 1    30,001 to      32,000                     349 2    32,001 to      34,000                     362 3    34,001 to      36,000                     389 4    36,001 to      38,000                     401 5    38,001 to      40,000                     427 6    40,001 to      42,000                     439 7    42,001 to      44,000                     466 8    44,001 to      46,000                     479 9    46,001 to      48,000                     49110    48,001 to      50,000                     51711    50,001 to      52,000                     54412    52,001 to      54,000                     55613    54,001 to      56,000                     56914    56,001 to      58,000                     59415    58,001 to      60,000                     62116    60,001 to      62,000                     64617    62,001 to      64,000                     67318    64,001 to      66,000                     68619    66,001 to      68,000                     71120    68,001 to      70,000                     72421    70,001 to      72,000                     75122    72,001 to      74,000                     76323    74,001 to      76,000                     78924    76,001 to      78,000                     80125    78,001 to      80,000                     82826    80,001 to      82,000                     84127    82,001 to      84,000                     86628    84,001 to      86,000                     87929    86,001 to      88,000                     90630    88,001 to      90,000                     91831    90,001 to      92,000                     94432    92,001 to      94,000                     95833    94,001 to      96,000                     98334    96,001 to      98,000                     99635    98,001 to     100,000                   1,00836   100,001 to     102,000                   1,03537   102,001 to     104,000                   1,04838   104,001 to     105,500                   1,07339   [ ___________________________________________________________________________________ ]4041       [(ii) For the period beginning on January 1, 2020, and ending on December 31, 2021, the registra-42   tion fee for motor vehicles with a registration weight of more than 8,000 pounds that are certified under43   ORS 822.205, unless the motor vehicles are registered under paragraph (a) of this subsection, or that44   are used exclusively to transport manufactured structures, is as provided in the following chart:]45   [ ___________________________________________________________________________________ ]                                                 [40]                                    A-Eng. HB 2017 1 2    Weight in Pounds        Fee 3    8,001 to   10,000   $             138 4   10,001 to   12,000                 165 5   12,001 to   14,000                 178 6   14,001 to   16,000                 207 7   16,001 to   18,000                 220 8   18,001 to   20,000                 247 9   20,001 to   22,000                 26110   22,001 to   24,000                 28911   24,001 to   26,000                 30212   26,001 to   28,000                 32913   28,001 to   30,000                 34414   30,001 to   32,000                 37115   32,001 to   34,000                 38516   34,001 to   36,000                 41317   36,001 to   38,000                 42718   38,001 to   40,000                 45419   40,001 to   42,000                 46720   42,001 to   44,000                 49521   44,001 to   46,000                 50922   46,001 to   48,000                 52223   48,001 to   50,000                 54924   50,001 to   52,000                 57825   52,001 to   54,000                 59126   54,001 to   56,000                 60527   56,001 to   58,000                 63228   58,001 to   60,000                 66029   60,001 to   62,000                 68730   62,001 to   64,000                 71631   64,001 to   66,000                 72932   66,001 to   68,000                 75633   68,001 to   70,000                 77034   70,001 to   72,000                 79835   72,001 to   74,000                 81136   74,001 to   76,000                 83837   76,001 to   78,000                 85238   78,001 to   80,000                 88039   80,001 to   82,000                 89440   82,001 to   84,000                 92141   84,001 to   86,000                 93442   86,001 to   88,000                 96343   88,001 to   90,000                 97644   90,001 to   92,000               1,00345   92,001 to   94,000               1,018                                         [41]                                           A-Eng. HB 2017 1    94,001 to     96,000                   1,045 2    96,001 to     98,000                   1,058 3    98,001 to   100,000                    1,072 4   100,001 to   102,000                    1,100 5   102,001 to   104,000                    1,114 6   104,001 to   105,500                    1,141 7   [ ___________________________________________________________________________________ ] 8 9       (14)(a) The registration fee for motor vehicles required to establish a registration weight10   under ORS 803.430 or 826.013, tow vehicles used to transport property for hire other than as11   described in ORS 822.210 and commercial buses is as provided in the following chart, based12   upon the weight submitted in the declaration of weight prepared under ORS 803.435 or13   826.015:141516      Weight in Pounds             Fee17     8,000 or      less        $              7418     8,001 to    10,000                      46419    10,001 to    12,000                      52820    12,001 to    14,000                      59121    14,001 to    16,000                      65522    16,001 to    18,000                      71823    18,001 to    20,000                      80124    20,001 to    22,000                      86425    22,001 to    24,000                      94926    24,001 to    26,000                    1,03127    26,001 to    28,000                      37528    28,001 to    30,000                      39129    30,001 to    32,000                      42230    32,001 to    34,000                      43831    34,001 to    36,000                      46832    36,001 to    38,000                      48533    38,001 to    40,000                      51534    40,001 to    42,000                      53235    42,001 to    44,000                      56236    44,001 to    46,000                      57837    46,001 to    48,000                      59338    48,001 to    50,000                      62539    50,001 to    52,000                      65640    52,001 to    54,000                      67241    54,001 to    56,000                      68642    56,001 to    58,000                      71743    58,001 to    60,000                      75044    60,001 to    62,000                      78045    62,001 to    64,000                      811                                                [42]                                           A-Eng. HB 2017 1    64,001 to    66,000                      827 2    66,001 to    68,000                      857 3    68,001 to    70,000                      874 4    70,001 to    72,000                      904 5    72,001 to    74,000                      921 6    74,001 to    76,000                      951 7    76,001 to    78,000                      967 8    78,001 to    80,000                      998 9    80,001 to    82,000                    1,01410    82,001 to    84,000                    1,04511    84,001 to    86,000                    1,06112    86,001 to    88,000                    1,09213    88,001 to    90,000                    1,10814    90,001 to    92,000                    1,13915    92,001 to    94,000                    1,15516    94,001 to    96,000                    1,18517    96,001 to    98,000                    1,20218    98,001 to   100,000                    1,21819   100,001 to   102,000                    1,24920   102,001 to   104,000                    1,26521   104,001 to   105,500                    1,295222324      (b)(A) The registration fee for motor vehicles with a registration weight of more than25   8,000 pounds that are described in ORS 825.015, that are operated by a charitable organization26   as defined in ORS 825.017 (13), is as provided in the following chart:272829      Weight in Pounds             Fee30     8,001 to    10,000        $              7131    10,001 to    12,000                       8532    12,001 to    14,000                       9233    14,001 to    16,000                      10734    16,001 to    18,000                      11435    18,001 to    20,000                      12836    20,001 to    22,000                      13537    22,001 to    24,000                      14938    24,001 to    26,000                      15639    26,001 to    28,000                      17040    28,001 to    30,000                      17841    30,001 to    32,000                      19242    32,001 to    34,000                      19943    34,001 to    36,000                      21344    36,001 to    38,000                      22045    38,001 to    40,000                      234                                                [43]                                           A-Eng. HB 2017 1    40,001 to    42,000                      241 2    42,001 to    44,000                      256 3    44,001 to    46,000                      263 4    46,001 to    48,000                      270 5    48,001 to    50,000                      284 6    50,001 to    52,000                      298 7    52,001 to    54,000                      305 8    54,001 to    56,000                      312 9    56,001 to    58,000                      32710    58,001 to    60,000                      34111    60,001 to    62,000                      35512    62,001 to    64,000                      36913    64,001 to    66,000                      37614    66,001 to    68,000                      39115    68,001 to    70,000                      39816    70,001 to    72,000                      41217    72,001 to    74,000                      41918    74,001 to    76,000                      43319    76,001 to    78,000                      44020    78,001 to    80,000                      45421    80,001 to    82,000                      46222    82,001 to    84,000                      47623    84,001 to    86,000                      48324    86,001 to    88,000                      49725    88,001 to    90,000                      50426    90,001 to    92,000                      51827    92,001 to    94,000                      52528    94,001 to    96,000                      54029    96,001 to    98,000                      54730    98,001 to   100,000                      55431   100,001 to   102,000                      56832   102,001 to   104,000                      57533   104,001 to   105,500                      589343536      (B) The registration fee for motor vehicles with a registration weight of more than 8,00037   pounds that are certified under ORS 822.205, unless the motor vehicles are registered under38   paragraph (a) of this subsection, or that are used exclusively to transport manufactured39   structures, is as provided in the following chart:404142      Weight in Pounds             Fee43     8,001 to    10,000        $             14544    10,001 to    12,000                      17345    12,001 to    14,000                      187                                                [44]                            A-Eng. HB 2017 1   14,001 to     16,000       217 2   16,001 to     18,000       231 3   18,001 to     20,000       260 4   20,001 to     22,000       274 5   22,001 to     24,000       304 6   24,001 to     26,000       318 7   26,001 to     28,000       346 8   28,001 to     30,000       362 9   30,001 to     32,000       39110   32,001 to     34,000       40511   34,001 to     36,000       43512   36,001 to     38,000       44913   38,001 to     40,000       47714   40,001 to     42,000       49115   42,001 to     44,000       52116   44,001 to     46,000       53517   46,001 to     48,000       55018   48,001 to     50,000       57819   50,001 to     52,000       60820   52,001 to     54,000       62221   54,001 to     56,000       63622   56,001 to     58,000       66523   58,001 to     60,000       69424   60,001 to     62,000       72325   62,001 to     64,000       75326   64,001 to     66,000       76727   66,001 to     68,000       79528   68,001 to     70,000       80929   70,001 to     72,000       83930   72,001 to     74,000       85331   74,001 to     76,000       88232   76,001 to     78,000       89633   78,001 to     80,000       92634   80,001 to     82,000       94035   82,001 to     84,000       96836   84,001 to     86,000       98337   86,001 to     88,000     1,01238   88,001 to     90,000     1,02739   90,001 to     92,000     1,05540   92,001 to     94,000     1,07141   94,001 to     96,000     1,09942   96,001 to     98,000     1,11343   98,001 to    100,000     1,12744   100,001 to   102,000     1,15745   102,001 to   104,000     1,172                                 [45]                                             A-Eng. HB 2017 1   104,001 to    105,500                     1,200 2 3 4       (C) The owner of a vehicle described in subparagraph (A) or (B) of this paragraph must certify 5   at the time of initial registration, in a manner determined by the department by rule, that the motor 6   vehicle will be used exclusively to transport manufactured structures or exclusively as described in 7   ORS 822.210, unless the motor vehicle is registered under paragraph (a) of this subsection, or as 8   described in ORS 825.015 or 825.017 (13). Registration of a vehicle described in subparagraph (A) or 9   (B) of this paragraph is invalid if the vehicle is operated in any manner other than that described10   in the certification under this subparagraph.11       (c)[(A) For the period beginning on January 1, 2018, and ending on December 31, 2019,] Subject12   to paragraph (d) of this subsection, the registration fee for motor vehicles registered as farm vehi-13   cles under ORS 805.300 is as provided in the following chart, based upon the registration weight14   given in the declaration of weight submitted under ORS 803.435:15   [ ___________________________________________________________________________________ ]1617      Weight in Pounds               Fee18     8,000 or        less        $              4419     8,001 to     10,000                        5820    10,001 to     12,000                        6721    12,001 to     14,000                        8622    14,001 to     16,000                        9723    16,001 to     18,000                       11624    18,001 to     20,000                       12625    20,001 to     22,000                       14526    22,001 to     24,000                       15427    24,001 to     26,000                       17428    26,001 to     28,000                       18329    28,001 to     30,000                       20230    30,001 to     32,000                       21231    32,001 to     34,000                       23132    34,001 to     36,000                       24133    36,001 to     38,000                       26034    38,001 to     40,000                       27135    40,001 to     42,000                       29036    42,001 to     44,000                       29837    44,001 to     46,000                       31938    46,001 to     48,000                       32839    48,001 to     50,000                       34740    50,001 to     52,000                       35741    52,001 to     54,000                       36642    54,001 to     56,000                       38643    56,001 to     58,000                       40544    58,001 to     60,000                       41445    60,001 to     62,000                       424                                                  [46]                                         A-Eng. HB 2017 1    62,001 to    64,000                    443 2    64,001 to    66,000                    462 3    66,001 to    68,000                    472 4    68,001 to    70,000                    483 5    70,001 to    72,000                    502 6    72,001 to    74,000                    511 7    74,001 to    76,000                    531 8    76,001 to    78,000                    540 9    78,001 to    80,000                    55910    80,001 to    82,000                    56911    82,001 to    84,000                    58812    84,001 to    86,000                    59813    86,001 to    88,000                    61714    88,001 to    90,000                    62615    90,001 to    92,000                    64616    92,001 to    94,000                    65517    94,001 to    96,000                    67418    96,001 to    98,000                    68519    98,001 to   100,000                    70420   100,001 to   102,000                    71421   102,001 to   104,000                    73322   104,001 to   105,500                    74323   [ ___________________________________________________________________________________ ]24252627     Weight in Pounds            Fee28     8,000 or      less      $              5029     8,001 to   10,000                      6530    10,001 to   12,000                      7531    12,001 to   14,000                      9732    14,001 to   16,000                     10833    16,001 to   18,000                     12934    18,001 to   20,000                     14135    20,001 to   22,000                     16236    22,001 to   24,000                     17237    24,001 to   26,000                     19538    26,001 to   28,000                     20439    28,001 to   30,000                     22640    30,001 to   32,000                     23741    32,001 to   34,000                     25842    34,001 to   36,000                     27043    36,001 to   38,000                     29144    38,001 to   40,000                     30245    40,001 to   42,000                     324                                              [47]                                              A-Eng. HB 2017 1    42,001 to      44,000                       334 2    44,001 to      46,000                       356 3    46,001 to      48,000                       366 4    48,001 to      50,000                       388 5    50,001 to      52,000                       399 6    52,001 to      54,000                       409 7    54,001 to      56,000                       432 8    56,001 to      58,000                       453 9    58,001 to      60,000                       46310    60,001 to      62,000                       47411    62,001 to      64,000                       49612    64,001 to      66,000                       51713    66,001 to      68,000                       52814    68,001 to      70,000                       54015    70,001 to      72,000                       56116    72,001 to      74,000                       57117    74,001 to      76,000                       59418    76,001 to      78,000                       60419    78,001 to      80,000                       62520    80,001 to      82,000                       63621    82,001 to      84,000                       65722    84,001 to      86,000                       66923    86,001 to      88,000                       69024    88,001 to      90,000                       70025    90,001 to      92,000                       72326    92,001 to      94,000                       73327    94,001 to      96,000                       75428    96,001 to      98,000                       76529    98,001 to     100,000                       78730   100,001 to     102,000                       79831   102,001 to     104,000                       81932   104,001 to     105,500                       831333435       [(B) For the period beginning on January 1, 2020, and ending on December 31, 2021, subject to36   paragraph (d) of this subsection, the registration fee for motor vehicles registered as farm vehicles un-37   der ORS 805.300 is as provided in the following chart, based upon the registration weight given in the38   declaration of weight submitted under ORS 803.435:]39   [ ___________________________________________________________________________________ ]4041      Weight in Pounds                Fee42     8,000 or         less        $              4743     8,001 to      10,000                        6244    10,001 to      12,000                        7245    12,001 to      14,000                        92                                                   [48]                            A-Eng. HB 2017 1    14,001 to    16,000       103 2    16,001 to    18,000       123 3    18,001 to    20,000       134 4    20,001 to    22,000       154 5    22,001 to    24,000       163 6    24,001 to    26,000       185 7    26,001 to    28,000       194 8    28,001 to    30,000       215 9    30,001 to    32,000       22510    32,001 to    34,000       24611    34,001 to    36,000       25712    36,001 to    38,000       27713    38,001 to    40,000       28814    40,001 to    42,000       30815    42,001 to    44,000       31716    44,001 to    46,000       33917    46,001 to    48,000       34818    48,001 to    50,000       36919    50,001 to    52,000       37920    52,001 to    54,000       38921    54,001 to    56,000       41022    56,001 to    58,000       43123    58,001 to    60,000       44024    60,001 to    62,000       45125    62,001 to    64,000       47126    64,001 to    66,000       49127    66,001 to    68,000       50228    68,001 to    70,000       51329    70,001 to    72,000       53330    72,001 to    74,000       54331    74,001 to    76,000       56432    76,001 to    78,000       57433    78,001 to    80,000       59434    80,001 to    82,000       60535    82,001 to    84,000       62536    84,001 to    86,000       63637    86,001 to    88,000       65638    88,001 to    90,000       66639    90,001 to    92,000       68740    92,001 to    94,000       69741    94,001 to    96,000       71742    96,001 to    98,000       72843    98,001 to   100,000       74844   100,001 to   102,000       75945   102,001 to   104,000       779                                 [49]                                              A-Eng. HB 2017 1   104,001 to     105,500                       790 2   [ ___________________________________________________________________________________ ] 3 4       (d) For any vehicle that is registered under a quarterly registration period, the registration fee 5   is a minimum of $15 for each quarter registered plus an additional fee of $2. 6       SECTION 36. The amendments to ORS 803.420 by section 35 of this 2017 Act apply to 7   registration fees imposed on or after January 1, 2022. 8       SECTION 37. (1) As used in this section, “miles per gallon” or “MPG” means the distance 9   traveled in a vehicle powered by one gallon of fuel.10       (2) The Department of Transportation shall determine the combined MPG ratings for11   each motor vehicle pursuant to a method determined by the department.12       (3) In addition to the title fees prescribed under ORS 803.090 (1)(c), during the period13   beginning on January 1, 2018, and ending on December 31, 2019, there shall be paid an addi-14   tional amount of $16.15       (4) In addition to the title fees prescribed under ORS 803.090 (1)(c), during the period16   beginning on January 1, 2020, and ending on December 31, 2021, there shall be paid an addi-17   tional amount as follows:18       (a) For vehicles that have a rating of 0-19 MPG or nonmotorized vehicles, $21.19       (b) For vehicles that have a rating of 20-39 MPG, $26.20       (c) For vehicles that have a rating of 40 MPG or greater, $36.21       (d) For electric vehicles, $110.22       SECTION 38. Section 37 of this 2017 Act is amended to read:23       Sec. 37. (1) As used in this section, “miles per gallon” or “MPG” means the distance traveled24   in a vehicle powered by one gallon of fuel.25       (2) The Department of Transportation shall determine the combined MPG ratings for each motor26   vehicle pursuant to a method determined by the department.27       [(3) In addition to the title fees prescribed under ORS 803.090 (1)(c), during the period beginning28   on January 1, 2018, and ending on December 31, 2019, there shall be paid an additional amount of29   $16.]30       [(4) In addition to the title fees prescribed under ORS 803.090 (1)(c), during the period beginning31   on January 1, 2020, and ending on December 31, 2021, there shall be paid an additional amount as32   follows:]33       [(a) For vehicles that have a rating of 0-19 MPG or nonmotorized vehicles, $21.]34       [(b) For vehicles that have a rating of 20-39 MPG, $26.]35       [(c) For vehicles that have a rating of 40 MPG or greater, $36.]36       [(d) For electric vehicles, $110.]37       (3) In addition to the title fees prescribed under ORS 803.090 (1)(c), there shall be paid38   an additional amount as follows:39       (a) For vehicles that have a rating of 0-19 MPG or nonmotorized vehicles, $24.40       (b) For vehicles that have a rating of 20-39 MPG, $29.41       (c) For vehicles that have a rating of 40 MPG or greater, $39.42       (d) For electric vehicles, $115.43       SECTION 39. The amendments to section 32 of this 2017 Act by section 33 of this 201744   Act, and the amendments to section 37 of this 2017 Act by section 38 of this 2017 Act, apply45   to fees imposed on or after January 1, 2022.                                                   [50]                                            A-Eng. HB 2017 1       SECTION 39a. ORS 803.090 is amended to read: 2       803.090. [The following fees are the fees for the transaction described:] 3       [(1) The transfer fee under ORS 803.092:] 4       [(a) For a salvage title, $27.] 5       [(b) For trailers eligible for permanent registration under ORS 803.415 (1) and motor vehicles with 6   a gross vehicle weight rating over 26,000 pounds, excluding motor homes, $90.] 7       [(c) For vehicles other than vehicles for which the title fee is described in paragraph (b) of this 8   subsection, $77.] 9       [(2) The fee for issuance of a certificate of title under ORS 803.045:]10       [(a) For trailers eligible for permanent registration under ORS 803.415 (1) and motor vehicles with11   a gross vehicle weight rating over 26,000 pounds, excluding motor homes, $90.]12       [(b) For vehicles other than vehicles for which the title fee is described in paragraph (a) of this13   subsection, $77.]14       [(3) The fee for issuance of a salvage title certificate under ORS 803.140, $27.]15       [(4) The fee for issuance of a duplicate or replacement certificate of title under ORS 803.065:]16       [(a) For a duplicate or replacement salvage title certificate, $27.]17       [(b) For trailers eligible for permanent registration under ORS 803.415 (1) and motor vehicles with18   a gross vehicle weight rating over 26,000 pounds, excluding motor homes, $90.]19       [(c) For vehicles other than vehicles for which the title fee is described in paragraph (b) of this20   subsection, $77.]21       [(5) The fee under subsection (4) of this section may not be paid at the same time as a transfer fee22   under this section if application is made at the same time as application for transfer.]23       [(6) The fee for issuance of a new certificate of title under ORS 803.220 indicating a change of24   name or address:]25       [(a) For a new salvage title certificate, $27.]26       [(b) For trailers eligible for permanent registration under ORS 803.415 (1) and motor vehicles with27   a gross vehicle weight rating over 26,000 pounds, excluding motor homes, $90.]28       [(c) For vehicles other than vehicles for which the title fee is described in paragraph (b) of this29   subsection, $77.]30       (1) Except as provided in subsection (2) of this section, the fee to issue a certificate of31   title under ORS 803.045 or 803.140, to transfer title under ORS 803.092, to issue a duplicate32   or replacement certificate of title under ORS 803.065 or to issue a new title due to name or33   address change under ORS 803.220 is as follows:34       (a) For a salvage title, $27.35       (b) For a vehicle title for trailers eligible for permanent registration under ORS 803.41536   (1) and motor vehicles with a gross vehicle weight rating over 26,000 pounds, excluding motor37   homes, $90.38       (c) For a vehicle title for vehicles other than those vehicles described in paragraph (b)39   of this subsection, $77.40       (2) If an application for a duplicate or replacement certificate of title is filed at the same41   time as an application for a transfer of title for the same vehicle, the applicant is required42   to pay only the transfer of title fee.43       [(7)] (3) The fee for late presentation of certificate of title under ORS 803.105[,] is $25 from the44   31st day after the transfer through the 60th day after the transfer and $50 thereafter.45       [(8)] (4) The fees for title transactions involving a form of title other than a certificate shall be                                                   [51]                                             A-Eng. HB 2017 1   the amounts established by the Department of Transportation by rule under ORS 803.012. 2 3                                     CONFORMING AMENDMENTS 4 5       SECTION 39b. ORS 801.041 is amended to read: 6       801.041. The following apply to the authority granted to counties by ORS 801.040 to establish 7   registration fees for vehicles: 8       (1) An ordinance establishing registration fees under this section must be enacted by the county 9   imposing the registration fee and filed with the Department of Transportation.        Notwithstanding10   ORS 203.055 or any provision of a county charter, the governing body of a county with a population11   of 350,000 or more may enact an ordinance establishing registration fees. The governing body of a12   county with a population of less than 350,000 may enact an ordinance establishing registration fees13   after submitting the ordinance to the electors of the county for their approval. The governing body14   of the county imposing the registration fee shall enter into an intergovernmental agreement under15   ORS 190.010 with the department by which the department shall collect the registration fees, pay16   them over to the county and, if necessary, allow the credit or credits described in ORS 803.445 (5).17   The intergovernmental agreement must state the date on which the department shall begin collect-18   ing registration fees for the county.19       (2) The authority granted by this section allows the establishment of registration fees in addition20   to those described in ORS 803.420. There is no authority under this section to affect registration21   periods, qualifications, cards, plates, requirements or any other provision relating to vehicle regis-22   tration under the vehicle code.23       (3) Except as otherwise provided for in this subsection, when registration fees are imposed under24   this section, they must be imposed on all vehicle classes. Registration fees as provided under this25   section may not be imposed on the following:26       (a) Snowmobiles and Class I all-terrain vehicles.27       (b) Fixed load vehicles.28       (c) Vehicles registered under ORS 805.100 to disabled veterans.29       (d) Vehicles registered as antique vehicles under ORS 805.010.30       (e) Vehicles registered as vehicles of special interest under ORS 805.020.31       (f) Government-owned or operated vehicles registered under ORS 805.040 or 805.045.32       (g) School buses or school activity vehicles registered under ORS 805.050.33       (h) Law enforcement undercover vehicles registered under ORS 805.060.34       (i) Vehicles registered on a proportional basis for interstate operation.35       (j) Vehicles with a registration weight of 26,001 pounds or more described in ORS 803.420 [(10)36   or (11)] (14)(a) or (b).37       (k) Vehicles registered as farm vehicles under the provisions of ORS 805.300.38       (L) Travel trailers, campers and motor homes.39       (m) Vehicles registered to an employment address as provided in ORS 802.250 when the eligible40   public employee or household member’s residence address is not within the county of the employ-41   ment address. The department may adopt rules it considers necessary for the administration of this42   paragraph.43       (4) Any registration fee imposed by a county must be a fixed amount not to exceed, with respect44   to any vehicle class, the registration fee established under ORS 803.420 [(1)] (6)(a). For vehicles on45   which a flat fee is imposed under ORS 803.420, the fee must be a whole dollar amount.                                                  [52]                                          A-Eng. HB 2017 1       (5) Moneys from registration fees established under this section must be paid to the county es- 2   tablishing the registration fees as provided in ORS 802.110. The county ordinance shall provide for 3   payment of at least 40 percent of the moneys to cities within the county unless a different distrib- 4   ution is agreed upon by the county and the cities within the jurisdiction of the county. The moneys 5   for the cities and the county shall be used for any purpose for which moneys from registration fees 6   may be used, including the payment of debt service and costs related to bonds or other obligations 7   issued for such purposes. 8       (6) Two or more counties may act jointly to impose a registration fee under this section. The 9   ordinance of each county acting jointly with another under this subsection must provide for the10   distribution of moneys collected through a joint registration fee.11       SECTION 39c. ORS 801.042 is amended to read:12       801.042. The following apply to the authority granted to a district by ORS 801.040 to establish13   registration fees for vehicles:14       (1) Before the governing body of a district can impose a registration fee under this section, it15   must submit the proposal to the electors of the district for their approval and, if the proposal is16   approved, enter into an intergovernmental agreement under ORS 190.010 with the governing bodies17   of all counties, other districts and cities with populations of over 300,000 that overlap the district.18   The intergovernmental agreement must state the registration fees and, if necessary, how the revenue19   from the fees shall be apportioned among counties and the districts. Before the governing body of20   a county can enter into such an intergovernmental agreement, the county shall consult with the21   cities in its jurisdiction.22       (2) If a district raises revenues from a registration fee for purposes related to highways, roads,23   streets and roadside rest areas, the governing body of that district shall establish a Regional Ar-24   terial Fund and shall deposit in the Regional Arterial Fund all such registration fees.25       (3) Interest received on moneys credited to the Regional Arterial Fund shall accrue to and be-26   come a part of the Regional Arterial Fund.27       (4) The Regional Arterial Fund must be administered by the governing body of the district re-28   ferred to in subsection (2) of this section and such governing body by ordinance may disburse mon-29   eys in the Regional Arterial Fund. Moneys within the Regional Arterial Fund may be disbursed only30   for a program of projects recommended by a joint policy advisory committee on transportation31   consisting of local officials and state agency representatives designated by the district referred to32   in subsection (2) of this section. The projects for which the joint policy advisory committee on33   transportation can recommend funding must concern arterials, collectors or other improvements34   designated by the joint policy advisory committee on transportation.35       (5) Ordinances establishing registration fees under this section must be filed with the Depart-36   ment of Transportation. The governing body of the district imposing the registration fee shall enter37   into an intergovernmental agreement under ORS 190.010 with the department by which the depart-38   ment shall collect the registration fees, pay them over to the district and, if necessary, allow the39   credit or credits described in ORS 803.445 (5). The intergovernmental agreement must state the date40   on which the department shall begin collecting registration fees for the district.41       (6) The authority granted by this section allows the establishment of registration fees in addition42   to those described in ORS 803.420. There is no authority under this section to affect registration43   periods, qualifications, cards, plates, requirements or any other provision relating to vehicle regis-44   tration under the vehicle code.45       (7) Except as otherwise provided for in this subsection, when registration fees are imposed under                                                 [53]                                          A-Eng. HB 2017 1   this section, the fees must be imposed on all vehicle classes. Registration fees as provided under this 2   section may not be imposed on the following: 3       (a) Snowmobiles and Class I all-terrain vehicles. 4       (b) Fixed load vehicles. 5       (c) Vehicles registered under ORS 805.100 to disabled veterans. 6       (d) Vehicles registered as antique vehicles under ORS 805.010. 7       (e) Vehicles registered as vehicles of special interest under ORS 805.020. 8       (f) Government-owned or operated vehicles registered under ORS 805.040 or 805.045. 9       (g) School buses or school activity vehicles registered under ORS 805.050.10       (h) Law enforcement undercover vehicles registered under ORS 805.060.11       (i) Vehicles registered on a proportional basis for interstate operation.12       (j) Vehicles with a registration weight of 26,001 pounds or more described in ORS 803.420 [(10)13   or (11)] (14)(a) or (b).14       (k) Vehicles registered as farm vehicles under the provisions of ORS 805.300.15       (L) Travel trailers, campers and motor homes.16       (m) Vehicles registered to an employment address as provided in ORS 802.250 when the eligible17   public employee or household member’s residence address is not within the county of the employ-18   ment address. The department may adopt rules it considers necessary for the administration of this19   paragraph.20       (8) Any registration fee imposed by the governing body of a district must be a fixed amount not21   to exceed, with respect to any vehicle class, the registration fee established under ORS 803.42022   [(1)] (6)(a). For vehicles on which a flat fee is imposed under ORS 803.420, the fee must be a whole23   dollar amount.24       SECTION 39d. ORS 803.350 is amended to read:25       803.350. This section establishes the requirements for qualification for registration. The De-26   partment of Transportation shall not issue registration to a vehicle if the requirements under this27   section are not met. The department, in the absence of just cause for refusing to register a vehicle28   upon application, shall assign a distinctive number or other distinctive means of identification and29   shall issue registration for a vehicle if all of the following requirements are met:30       (1) The applicant applies for and is granted title in the applicant’s name at the same time the31   person makes application for registration, or presents satisfactory evidence that title covering the32   vehicle has been previously issued to the applicant.33       (2) The applicant completes an application described under ORS 803.370. If the vehicle is a re-34   constructed or assembled vehicle or a replica, the person must indicate that fact in the application35   or be subject to ORS 803.225.36       (3) The applicant pays the department the registration fee established under ORS 803.420 and37   any applicable fees for issuance of registration plates.38       (4) For motor vehicles, proof of compliance with pollution control equipment requirements is39   provided to the department. Proof required to comply with this subsection is described under ORS40   815.310. This subsection does not apply if the vehicle is exempt from the requirements for proof of41   compliance under ORS 815.300.42       (5) The applicant is domiciled in this state, as described in ORS 803.355, if required by ORS43   803.360 to be domiciled in the state in order to register a vehicle. If the department has reason to44   believe that the applicant is not domiciled in this state and is required to be in order to register a45   vehicle, the department may require the person to submit proof of domicile. The department shall                                                 [54]                                           A-Eng. HB 2017 1   determine by rule what constitutes proof of domicile. 2       (6) The applicant owns a vehicle that qualifies under ORS 803.360 (2) for registration in this 3   state, if the owner is not domiciled in this state and is not required by ORS 803.200, or any other 4   provision of law, to register the vehicle in this state. 5       (7) The applicant surrenders all evidence of any former registration or title as required by ORS 6   803.380. 7       (8)(a) Beginning with 2009 model year new motor vehicles, the applicant provides proof of com- 8   pliance with low emission motor vehicle standards adopted pursuant to ORS 468A.360. The depart- 9   ment shall determine by rule what constitutes proof of compliance with low emission motor vehicle10   standards.11       (b) The department shall determine by rule which new motor vehicles are exempt from the re-12   quirements of this subsection. Any rules adopted pursuant to this paragraph shall be consistent with13   the Environmental Quality Commission standards adopted pursuant to ORS 468A.360.14       (c) For purposes of this subsection, “new motor vehicle” means a motor vehicle with 7,500 miles15   or less on the odometer when the vehicle is initially registered under ORS 803.420 [(1)] (6)(a),16   805.100 or 805.120.17       (9) If required to do so by the department, the applicant provides the department with satisfac-18   tory proof that the vehicle was designed to be operated on highways and meets equipment require-19   ments imposed by statute or rule for the lawful operation of a vehicle on highways. The department20   may adopt rules specifying the kinds of vehicles that are subject to this subsection and what con-21   stitutes satisfactory proof under this subsection.22       SECTION 39e. ORS 803.415 is amended to read:23       803.415. This section establishes registration periods for vehicles. The registration periods are24   periods described under ORS 803.400. Except as provided in the following, the registration period for25   any vehicle registered in this state by the Department of Transportation is a biennial registration26   period:27       (1) The following vehicles have permanent registration:28       (a) Antique vehicles registered under ORS 805.010.29       (b) Vehicles of special interest registered under ORS 805.020.30       (c) Trailers that will be operated on the highways at a loaded weight of more than 8,000 pounds31   and are not travel trailers, fixed load vehicles or special use trailers.32       (2) Government-owned vehicles registered under ORS 805.040 have ownership registration.33       (3) The following vehicles may be registered under annual or quarterly registration unless the34   vehicles are registered under proportional registration under ORS 826.009 or proportional fleet35   registration under ORS 826.011:36       (a) Vehicles required to establish a registration weight under ORS 803.430.37       (b) Commercial buses.38       (c) Vehicles registered as farm vehicles under ORS 805.300.39       (4) Snowmobiles are registered as provided in ORS 821.080.40       (5) Vehicles operated by dealers who hold certificates under ORS 822.020 are as provided under41   ORS 822.040.42       (6) Trailers for hire that will be operated at a loaded weight of 8,000 pounds or less may be43   registered as follows:44       (a) Annual registration; or45       (b) If registered under an agreement pursuant to ORS 802.500, for a period of time determined                                                  [55]                                          A-Eng. HB 2017 1   as specified in the agreement or as determined by the department. 2       (7) Except as otherwise provided in subsection (10) of this section, the registration period for 3   electric vehicles and hybrid vehicles that use electricity and another source of motive power is a 4   biennial registration period except that the registration period for the following electric or hybrid 5   vehicles is an annual registration period: 6       (a) Commercial buses. 7       (b) Electric or hybrid vehicles registered as farm vehicles under ORS 805.300. 8       (c) Vehicles required to establish registration weight under ORS 803.430. 9       (8) Vehicles registered under ORS 805.100 have an ownership registration period.10       (9) School vehicles registered under ORS 805.050 have ownership registration except that the11   registration shall continue to be valid if ownership of the vehicle is transferred to a person who12   continues to use the vehicle for purposes authorized by ORS 805.050.13       (10) The following vehicles have a four-year registration period:14       (a) New vehicles registered under ORS 803.420 [(1)] (6)(a) for which new registration plates will15   be issued;16       (b) New mopeds or motorcycles registered under ORS 803.420 [(2)] (6)(c) for which new regis-17   tration plates will be issued; and18       (c) New trailers registered under ORS 803.420 (6)(b), for which new registration plates19   will be issued.20       [(c) New motorcycles registered under ORS 803.420 (3) for which new registration plates will be21   issued; and]22       [(d) New vehicles registered under ORS 803.420 (9)(a) for which new registration plates will be23   issued.]24       (11) A rental or leasing company, as defined in ORS 221.275, may elect an annual, a biennial or25   a four-year registration period for the initial registration of a new vehicle registered under ORS26   803.420 [(1) or (9)(a)] (6)(a) for which new registration plates will be issued if the company owns the27   vehicle that is being registered. The subsequent renewal or reregistration periods for the vehicle28   are biennial.29       SECTION 39f. ORS 803.445 is amended to read:30       803.445. (1) The governing body of a county may impose registration fees for vehicles as pro-31   vided in ORS 801.041.32       (2) The governing body of a district may impose registration fees for vehicles as provided in ORS33   801.042.34       (3) The Department of Transportation shall provide by rule for the administration of laws au-35   thorizing county and district registration fees and for the collection of those fees.36       (4) Any registration fee imposed under this section shall be imposed in a manner consistent with37   ORS 803.420.38       (5) No county or district may impose a vehicle registration fee that would by itself, or in com-39   bination with any other vehicle registration fee imposed under this section, exceed the amount of40   the fee imposed under ORS 803.420 [(1)] (6)(a). The owner of any vehicle subject to multiple fees41   under this section shall be allowed a credit or credits with respect to one or more of such fees so42   that the total of such fees does not exceed the amount of the fee imposed under ORS 803.420 [(1)]43   (6)(a).44       SECTION 39g. ORS 805.047 is amended to read:45       805.047. (1) Upon request of any county, the Department of Transportation may issue registra-                                                  [56]                                           A-Eng. HB 2017 1   tion plates or other evidence of registration from any regular series rather than from any specially 2   designed government series for a vehicle owned or operated by the county. The registration period 3   for a vehicle described under this section shall be the same as the regular registration period for 4   the type of vehicle registered. The fee for registration or renewal of registration of a vehicle under 5   this section shall be the fee established under ORS 803.420 [(1) or (9)] (6)(a). 6       (2) Any vehicle registered under this section and not exempted under ORS 815.300 must meet 7   the requirements for certification of compliance with pollution control under ORS 815.310. 8       SECTION 39h. ORS 805.103 is amended to read: 9       805.103. (1) The Department of Transportation shall provide for issuance of registration plates10   for a motor vehicle registered under ORS 803.420 [(1) or (9)(a)] (6)(a), in a manner consistent with11   this section, to motor vehicle owners who qualify for the plates as Congressional Medal of Honor12   recipients under subsection (2) this section.13       (2) A person who is a Congressional Medal of Honor recipient qualifies for registration plates14   under this section if the person provides the department with a certificate from the United States15   Department of Veterans Affairs attesting to the person’s status as a Congressional Medal of Honor16   recipient.17       (3) Registration plates issued under this section shall be considered customized registration18   plates for purposes of the fee required in ORS 805.250. The department may waive the fee required19   in ORS 805.250.20       (4) The department may not issue registration plates for a motor vehicle under this section if21   another motor vehicle owned by the applicant has been issued registration plates under this section.22       (5) The registration plates issued under this section shall:23       (a) Be issued with a unique background design determined by the department;24       (b) Be issued with a specific configuration as determined by the department;25       (c) Contain the words “Medal of Honor”;26       (d) Contain the image of the Congressional Medal of Honor; and27       (e) Meet the requirements for registration plates under ORS 803.535.28       (6) If there is a transfer of interest in the motor vehicle to which the registration plate under29   this section is assigned, or if the motor vehicle is totaled and not reconstructed, the motor vehicle30   owner shall remove the registration plate. The Congressional Medal of Honor recipient may retain31   the registration plate, but the registration plate may not be placed on any other motor vehicle un-32   less the registration plate is transferred as set forth in subsection (7) of this section.33       (7) If the motor vehicle owner qualifies for the registration plates under subsection (2) of this34   section, the department may transfer registration plates issued under this section to another motor35   vehicle registered under ORS 803.420 [(1) or (9)(a)] (6)(a), as set forth in ORS 805.242.36       (8) The department shall cancel any registration plates issued under this section if the depart-37   ment determines that the motor vehicle is owned by a person who does not qualify for the regis-38   tration plates under subsection (2) of this section or that the motor vehicle is not registered under39   ORS 803.420 [(1) or (9)(a)] (6)(a).40       (9) The department may adopt rules necessary to carry out the provisions of this section.41       SECTION 39i. ORS 805.105 is amended to read:42       805.105. (1) The Department of Transportation shall establish a veterans’ recognition registra-43   tion plate program to issue registration plates called “veterans’ recognition registration plates”44   upon request to an owner of any motor vehicle registered under ORS 803.420 [(1) or (9)(a)] (6)(a) if45   the owner of the motor vehicle qualifies for the plates. Rules adopted under this section shall in-                                                  [57]                                           A-Eng. HB 2017 1   clude, but need not be limited to, rules that: 2       (a) Describe general qualifications to be met by any veterans’ group in order to be eligible for 3   a veterans’ recognition registration plate issued under this section. 4       (b) Specify circumstances under which the department may cease to issue veterans’ recognition 5   registration plates. 6       (c) Specify what constitutes proof of veteran status for issuance of a veterans’ recognition reg- 7   istration plate, if such proof is required by a veterans’ group or by the Director of Veterans’ Affairs. 8       (d) Specify what constitutes proof that a person is a surviving family member of a person who 9   was killed in action during an armed conflict while serving in the Armed Forces of the United10   States. The department may only issue a veteran’s recognition registration plate displaying a gold11   star decal and the words “Gold Star Family” to a person who is a parent, sibling, spouse or de-12   pendent of a person who was killed in action during an armed conflict while serving in the Armed13   Forces of the United States.14       (2)(a) In addition to any other fee authorized by law, upon issuance of a veterans’ recognition15   registration plate under this section and upon renewal of registration for a vehicle that has plates16   issued under this section, the department shall collect a surcharge of $2.50 per plate for each year17   of the registration period for the vehicle as described under ORS 803.415.18       (b) Except as otherwise provided in paragraph (c) of this subsection, net proceeds of the sur-19   charge collected by the department for the veterans’ recognition registration plate shall be deposited20   in the trust fund established under ORS 406.050 for paying the expenses of operating the Oregon21   Veterans’ Home.22       (c) If the department issues a veterans’ recognition registration plate that names, describes or23   represents a veterans’ group, that veterans’ group may designate an account into which the net24   proceeds of the surcharge collected by the department under this section are to be deposited. The25   department shall keep accurate records of the number of plates issued under this paragraph for each26   veterans’ group and, after payment of administrative expenses of the department, shall deposit27   moneys collected under this subsection into the specified account.28       (d) Deposits under this subsection shall be made quarterly.29       (3)(a) In consultation with the Department of Transportation, the Director of Veterans’ Affairs30   shall design the veterans’ recognition registration plate.31       (b) If the department issues a veterans’ recognition registration plate to recognize a veterans’32   group, the department shall, in consultation with the requesting veterans’ group, add words or a33   military-related decal to the veterans’ recognition registration plate that names, describes or re-34   presents the veterans’ group.35       (c) The department shall add a gold star decal and the words “Gold Star Family” to a veterans’36   recognition registration plate background to recognize surviving family members of persons killed37   in action during an armed conflict while serving in the Armed Forces of the United States.38       (d) Except as otherwise required by the design, veterans’ recognition registration plates must39   comply with the requirements of ORS 803.535.40       (4) The department shall determine how many sets of veterans’ recognition registration plates41   will be manufactured. If the department does not sell or issue renewal for 500 sets of veterans’ re-42   cognition registration plates in any one year, the department shall cease production of veterans’43   recognition registration plates. For the purposes of this section, veterans’ recognition registration44   plates that name, describe or represent a veterans’ group are included in the total number of45   veterans’ recognition registration plates issued.                                                 [58]                                           A-Eng. HB 2017 1       (5) For the purposes of this section, “sibling” includes siblings of the whole or half blood and 2   siblings by adoption, marriage or domestic partnership. 3       SECTION 39j. ORS 805.115 is amended to read: 4       805.115. (1) In the absence of just cause for refusal, the Department of Transportation shall 5   provide for registration in a manner consistent with this section for persons who qualify under this 6   section as active members of the Oregon National Guard. The special registration provisions under 7   this section are subject to the following: 8       (a) The fee to register or renew registration under this section shall be the regular registration 9   fee for the vehicle.10       (b) Any motor vehicle registered under ORS 803.420 [(1) and (16)(c) and (d)] (6)(a) or (7)(c)(C)11   or (D) may be registered under this section.12       (2) A person is eligible for registration under this section if the person is issued a certificate13   by the Oregon Military Department certifying that the person is an active member of the Oregon14   National Guard.15       (3) The department may suspend, revoke or refuse to renew any registration issued under this16   section if the department determines that the vehicle is owned by a person not qualified for regis-17   tration under this section or that the vehicle is not eligible for registration under this section.18       (4) The Oregon Military Department shall notify the Department of Transportation within 3019   days if a person issued a certificate described in subsection (2) of this section ceases to be an active20   member of the Oregon National Guard.21       SECTION 39k. ORS 805.205 is amended to read:22       805.205. (1) Except as provided in subsection (7) of this section, the Department of Transporta-23   tion shall provide for issuance of registration plates described in this section for nonprofit groups24   meeting the qualifications for tax exempt status under section 501(c)(3) of the Internal Revenue Code25   and for institutions of higher education. Plates issued under this section may be issued to owners26   of motor vehicles registered under the provisions of ORS 803.420 [(1)] (6)(a). Plates issued under this27   section may not contain expressions of political opinion or religious belief. Rules adopted under this28   section shall include, but need not be limited to, rules that:29       (a) Specify circumstances under which the department may cease to issue plates for any partic-30   ular group.31       (b) Require each group for which plates are issued to file an annual statement on a form de-32   signed by the department showing that the group is a nonprofit group or is an institution of higher33   education and that the group or institution otherwise meets the qualifications imposed for eligibility34   for plates issued under this section. The statement shall include names and addresses of current35   directors or officers of the group or institution or of other persons authorized to speak for the group36   or institution on matters affecting plates issued under this section.37       (2)(a) Except as otherwise provided in paragraphs (b) and (c) of this subsection, in addition to38   any other fee authorized by law, upon issuance of a plate under this section and upon renewal of39   registration for a vehicle that has plates issued under this section, the department shall collect a40   surcharge for each year of the registration period. The surcharge shall be determined by the de-41   partment by rule and may not be less than $2.50 per plate or more than $16 per plate. In setting the42   amount of the surcharge, the department shall consult with the nonprofit group for which the plates43   are issued.44       (b) In addition to any other fee authorized by law, upon issuance of a plate under this section45   that recognizes an institution of higher education in this state, and upon renewal of registration for                                                  [59]                                           A-Eng. HB 2017 1   a vehicle that has such plates, the department shall collect a surcharge of $8 per plate for each year 2   of the registration period. 3       (c) In addition to any other fee authorized by law, upon issuance of a Share the Road registra- 4   tion plate the department shall collect a surcharge of $5 per year of registration. 5       (3) Plates issued under this section shall be from the current regular issue of plates except that: 6       (a) If the group requesting the plates is an institution of higher education, the plates shall, upon 7   request, contain words that indicate the plates are issued to recognize the institution or shall con- 8   tain the institution’s logo or an image of the institution’s mascot; or 9       (b) If the group requesting the plates is a group that recognizes fallen public safety officers, the10   plates shall, upon request, contain a decal that indicates the plates are issued to recognize fallen11   public safety officers.12       (4) Except as otherwise required by the design chosen, the plates shall comply with the re-13   quirements of ORS 803.535. The department shall determine how many sets of plates shall be man-14   ufactured for each group approved under this section. If the department does not sell or issue15   renewal for 500 sets of plates for a particular group in any one year, the department shall cease16   production of those plates.17       (5) Except as otherwise provided in subsection (6) of this section, each group that is found by18   the department to be eligible for plates issued under this section may designate an account into19   which the net proceeds of the surcharge collected by the department under subsection (2) of this20   section are to be deposited. The department shall keep accurate records of the number of plates is-21   sued for each group that qualifies. After payment of administrative expenses of the department,22   moneys collected under this section for each group shall be deposited by the department into an23   account specified by that group. If any group does not specify an account for the moneys collected24   from the sale of plates issued under this section, the department shall deposit moneys collected for25   those plates into the Passenger Rail Transportation Account established under ORS 802.100 to be26   used as other moneys in the account are used. Deposits under this subsection shall be made at least27   quarterly.28       (6)(a) Each institution of higher education that requests a plate under this section shall desig-29   nate an account in the general fund of the institution, and the proceeds in the account shall be used30   for the purpose of academic enrichment at the institution.31       (b) Net proceeds of the surcharge collected by the department for Share the Road registration32   plates shall be deposited into two accounts designated by the Bicycle Transportation Alliance and33   Cycle Oregon. The department shall evenly distribute the net proceeds to each account. Deposits34   under this paragraph shall be made at least quarterly. At any time that the department determines35   that the accounts designated by the Bicycle Transportation Alliance and Cycle Oregon cease to36   exist, the department may deposit the proceeds into the Passenger Rail Transportation Account es-37   tablished under ORS 802.100.38       (c) Net proceeds of the surcharge collected by the department for Keep Kids Safe registration39   plates shall be deposited into an account designated by the Children’s Trust Fund of Oregon Foun-40   dation to fund strategies and approaches shown to prevent or reduce child abuse. Deposits made41   under this paragraph shall be made at least quarterly. At any time that the department determines42   that the account designated by the Children’s Trust Fund of Oregon Foundation ceases to exist, the43   department shall deposit the proceeds into the Keep Kids Safe Registration Plate Account estab-44   lished in ORS 805.207. At the beginning of each biennium, the Early Learning Council shall evenly45   distribute the moneys in the Keep Kids Safe Registration Plate Account to the counties in this state,                                                 [60]                                          A-Eng. HB 2017 1   until each county receives $1,000. After each county has received $1,000, the council shall distribute 2   any remaining moneys to each county in an amount equal to the percentage of Keep Kids Safe 3   registration plates sold in that county. Each county shall use the moneys received under this para- 4   graph solely for the purpose of funding strategies and approaches shown to prevent or reduce child 5   abuse. 6       (7) The department may not accept applications to create new group registration plates on or 7   after August 12, 2015. 8       SECTION 39L. ORS 805.222 is amended to read: 9       805.222. (1) The Department of Transportation shall establish a special registration program and10   provide for issuance of special registration plates for nonprofit groups meeting the qualifications for11   tax exempt status under section 501(c)(3) of the Internal Revenue Code, for institutions of higher12   education and for public bodies, as defined in ORS 174.109.13       (2) Plates issued under this section may be issued to owners of motor vehicles registered under14   the provisions of ORS 803.420 [(1)] (6)(a). In addition, the department may adopt rules for issuance15   of special registration plates issued pursuant to this section for vehicles not registered under ORS16   803.420 [(1)] (6)(a).17       (3) Plates issued under this section may not contain expressions of political opinion or religious18   belief.19       (4) Rules adopted under this section shall include, but need not be limited to, rules that:20       (a) Describe general qualifications to be met by any nonprofit group, institution of higher edu-21   cation or public body in order to be eligible for plates issued under this section.22       (b) Specify circumstances under which the department may cease to issue plates under this23   section.24       (c) Require each nonprofit group, institution of higher education or public body for which plates25   are issued to file an annual statement on a form designed by the department showing that the group26   is a nonprofit group, institution of higher education or public body and that the nonprofit group,27   institution of higher education or public body otherwise meets the qualifications imposed for eligi-28   bility for plates issued under this section. The statement shall include names and addresses of cur-29   rent directors or officers of the nonprofit group, institution of higher education or public body or30   of other persons authorized to speak for the nonprofit group, institution of higher education or31   public body on matters affecting plates issued under this section.32       (d) Specify the manner in which a nonprofit group, institution of higher education or public body33   may apply for a special registration plate.34       (5) In addition to any other fee authorized by law, for each set of special registration plates is-35   sued pursuant to this section, the department shall collect a surcharge of $40 payable when the36   plates are issued and upon each subsequent renewal of registration of a vehicle bearing the plates.37   The department shall distribute the moneys from the surcharge as provided in subsection (8) of this38   section.39       (6) The department, in consultation with the nonprofit group, institution of higher education or40   public body requesting the special registration plate, shall develop a unique design for each plate41   issued under this section. Any design must comply with requirements described under ORS 803.535.42       (7) The department shall determine how many sets of plates shall be manufactured for each plate43   approved under this section. If the department does not issue 2,000 sets of plates for a particular44   nonprofit group, institution of higher education or public body in any one year, the department shall45   cease production of those plates.                                                   [61]                                          A-Eng. HB 2017 1       (8) Each nonprofit group, institution of higher education or public body that is found by the 2   department to be eligible for plates issued under this section may designate an account into which 3   the net proceeds of the surcharge collected by the department under subsection (5) of this section 4   are to be deposited. The department shall keep accurate records of the number of plates issued for 5   each nonprofit group, institution of higher education or public body that qualifies. After payment 6   of administrative expenses of the department, moneys collected under this section for a nonprofit 7   group, institution of higher education or public body shall be deposited by the department into an 8   account specified by that nonprofit group, institution of higher education or public body. If any 9   nonprofit group, institution of higher education or public body does not specify an account for the10   moneys collected from the sale of plates issued under this section, the department shall deposit11   moneys collected for those plates into the Passenger Rail Transportation Account established under12   ORS 802.100 to be used as other moneys in the account are used. Deposits under this subsection13   shall be made at least quarterly.14       SECTION 39m. ORS 805.255 is amended to read:15       805.255. (1) The Department of Transportation shall establish a salmon registration plate pro-16   gram to issue special registration plates called “salmon registration plates” upon request to owners17   of motor vehicles registered under the provisions of ORS 803.420 [(1)] (6)(a) to observe the impor-18   tance of salmonid to Oregon. In addition, the department may adopt rules for issuance of salmon19   registration plates for vehicles not registered under the provisions of ORS 803.420 [(1)] (6)(a).20       (2) In addition to any other fee authorized by law, for each salmon registration plate issued21   under subsection (1) of this section, the department shall collect a surcharge of $7.50 for each year22   of the registration period, payable when the plate is issued and upon each subsequent renewal of23   registration of a vehicle bearing the plate. The department shall distribute the surcharge as pro-24   vided in ORS 805.256.25       SECTION 39n. ORS 805.260 is amended to read:26       805.260. (1) The Department of Transportation shall establish a cultural registration plate pro-27   gram to issue special registration plates called “cultural registration plates” upon request to owners28   of motor vehicles registered under the provisions of ORS 803.420 [(1)] (6)(a) to observe the impor-29   tance of culture to Oregon. In addition, the department may adopt rules for issuance of cultural30   registration plates for vehicles not registered under the provisions of ORS 803.420 [(1)] (6)(a).31       (2) In addition to any other fee authorized by law, for each cultural registration plate issued32   under subsection (1) of this section, the department shall collect a surcharge of $15 payable when33   the plate is issued and upon each subsequent renewal of registration of a vehicle bearing the plate.34   The department shall distribute the surcharge as provided in ORS 805.261.35       (3) The department, in consultation with the Trust for Cultural Development Board, shall design36   the cultural registration plates. The plates shall meet the requirements for registration plates de-37   scribed in ORS 803.535.38       SECTION 39o. ORS 805.263 is amended to read:39       805.263. (1) The Department of Transportation shall establish a Crater Lake National Park reg-40   istration plate program to issue special registration plates called “Crater Lake National Park reg-41   istration plates” upon request to owners of motor vehicles registered under the provisions of ORS42   803.420 [(1)] (6)(a) to commemorate the 100th anniversary of Crater Lake National Park. The de-43   partment may adopt rules for issuance of Crater Lake National Park registration plates for vehicles44   that are not registered under the provisions of ORS 803.420 [(1)] (6)(a).45       (2) In addition to any other fee authorized by law, for each Crater Lake National Park regis-                                                 [62]                                          A-Eng. HB 2017 1   tration plate issued under subsection (1) of this section, the department shall collect a surcharge 2   of $10 payable when the plate is issued. The department shall distribute the surcharge as provided 3   in ORS 805.264. 4       SECTION 39p. ORS 805.266 is amended to read: 5       805.266. (1) The Department of Transportation shall establish a wine country registration plate 6   program to issue special registration plates called “wine country registration plates” upon request 7   to owners of motor vehicles registered under the provisions of ORS 803.420 [(1)] (6)(a). 8       (2) In addition to any other fee authorized by law, for each set of wine country registration 9   plates issued under subsection (1) of this section, the department shall collect a surcharge of $3010   payable when the plates are issued and upon each subsequent renewal of registration of a vehicle11   bearing the plates. The department shall transfer the moneys from the surcharge as provided in ORS12   805.272.13       SECTION 39q. ORS 805.278 is amended to read:14       805.278. (1) The Department of Transportation shall establish a Portland Trail Blazers registra-15   tion plate program to issue special registration plates to support charitable initiatives through the16   Trail Blazers Foundation established by the Portland Trail Blazers. The special registration plates17   shall be issued upon request to owners of motor vehicles registered under ORS 803.420 [(1)] (6)(a).18   In addition, the department may adopt rules for issuance of Portland Trail Blazers registration19   plates for vehicles not registered under ORS 803.420 [(1)] (6)(a).20       (2) In addition to any other fee authorized by law, for each set of Portland Trail Blazers regis-21   tration plates issued under subsection (1) of this section, the department shall collect a surcharge22   of $40 payable when the plates are issued and upon each subsequent renewal of registration of a23   vehicle bearing the plates. The department shall distribute the moneys from the surcharge as pro-24   vided in ORS 805.279.25       (3) Notwithstanding ORS 803.530, Portland Trail Blazers registration plates may be transferred26   from vehicle to vehicle if the department stops issuing the plates, as long as the plates are not too27   old, damaged, mutilated or otherwise rendered illegible to be useful for purposes of identification.28       (4) The Portland Trail Blazers registration plate must include the name or logo of the Portland29   Trail Blazers basketball team. The department shall design the plate in consultation with the30   Portland Trail Blazers. The final design of the plate is subject to approval by the Portland Trail31   Blazers. The department may enter into agreements necessary for the use of the logo, name, marks32   or slogans associated with the Portland Trail Blazers or the National Basketball Association.33       (5) Except as otherwise required by the design approved by the department, Portland Trail34   Blazers registration plates must comply with the requirements of ORS 803.535.35       SECTION 39r. ORS 805.283 is amended to read:36       805.283. (1) The Department of Transportation shall establish a breast cancer awareness regis-37   tration plate program to issue special registration plates called “breast cancer awareness registra-38   tion plates” upon request to owners of motor vehicles registered under ORS 803.420 [(1)] (6)(a). In39   addition, the department may adopt rules for issuance of breast cancer awareness registration plates40   for vehicles not registered under ORS 803.420 [(1)] (6)(a).41       (2) In addition to any other fee authorized by law, for each set of breast cancer awareness reg-42   istration plates issued under subsection (1) of this section, the department shall collect a surcharge43   of $40 payable when the plates are issued and upon each subsequent renewal of registration of a44   vehicle bearing the plates. The department shall distribute the surcharge as provided in ORS45   805.285.                                                [63]                                            A-Eng. HB 2017 1       (3) Notwithstanding ORS 803.530, breast cancer awareness registration plates may be trans- 2   ferred from vehicle to vehicle if the department stops issuing the plates, as long as the plates are 3   not too old, damaged, mutilated or otherwise rendered illegible to be useful for purposes of iden- 4   tification. 5       SECTION 39s. Section 2, chapter 823, Oregon Laws 2009, as amended by section 8, chapter 709, 6   Oregon Laws 2011, section 1, chapter 390, Oregon Laws 2015, and section 18, chapter 806, Oregon 7   Laws 2015, is amended to read: 8       Sec. 2. (1) The Department of Transportation shall establish a Pacific Wonderland registration 9   plate program to issue special registration plates called “Pacific Wonderland registration plates”10   upon request to owners of motor vehicles registered under the provisions of ORS 803.420 [(1)]11   (6)(a). In addition, the department may adopt rules for issuance of Pacific Wonderland registration12   plates for vehicles not registered under the provisions of ORS 803.420 [(1)] (6)(a).13       (2) In addition to any other fee authorized by law, for each set of Pacific Wonderland registra-14   tion plates issued under subsection (1) of this section, the department shall collect a surcharge of15   $100 payable when the plates are issued. The department shall transfer the moneys from the sur-16   charge as provided in section 3, chapter 823, Oregon Laws 2009.17       (3) Notwithstanding ORS 803.530, Pacific Wonderland registration plates may be transferred18   from vehicle to vehicle if the department stops issuing the plates, as long as the plates are not so19   old, damaged, mutilated or otherwise rendered illegible as to be not useful for purposes of identifi-20   cation.21       (4) The department shall limit the total number of Pacific Wonderland registration plates to22   80,000 sets of plates.23       SECTION 39t. ORS 822.213 is amended to read:24       822.213. (1) In addition to the privileges described under ORS 822.210, the holder of a current,25   valid towing business certificate issued under ORS 822.205 may use a tow vehicle to transport26   property for hire other than as described in ORS 822.210 if:27       (a) The tow vehicle is used primarily for the purposes described in ORS 822.210 in a manner28   specified by the department by rule;29       (b) The tow vehicle has a combined weight of 26,001 pounds or more;30       (c) The holder of the towing business certificate has submitted a declaration of weight under31   ORS 803.435 and has registered the tow vehicle under ORS 803.420 [(10)] (14)(a); and32       (d) The holder of the towing business certificate operates in accordance with the provisions of33   ORS chapter 825.34       (2) A tow vehicle that is used to transport property for hire other than as described in ORS35   822.210 is subject to the weight-mile tax imposed under ORS 825.474.36       SECTION 40. ORS 319.020 is amended to read:37       319.020. (1) Subject to subsections (2) to (4) of this section, in addition to the taxes otherwise38   provided for by law, every dealer engaging in the dealer’s own name, or in the name of others, in39   the first sale, use or distribution of motor vehicle fuel or aircraft fuel or withdrawal of motor vehicle40   fuel or aircraft fuel for sale, use or distribution within areas in this state within which the state41   lacks the power to tax the sale, use or distribution of motor vehicle fuel or aircraft fuel, shall:42       (a) Not later than the 25th day of each calendar month, render a statement to the Department43   of Transportation of all motor vehicle fuel or aircraft fuel sold, used, distributed or so withdrawn44   by the dealer in the State of Oregon as well as all such fuel sold, used or distributed in this state45   by a purchaser thereof upon which sale, use or distribution the dealer has assumed liability for the                                                 [64]                                             A-Eng. HB 2017 1   applicable license tax during the preceding calendar month. The dealer shall render the statement 2   to the department in the manner provided by the department by rule. 3       (b) Except as provided in ORS 319.270, pay a license tax computed on the basis of [30] 34 cents 4   per gallon on the first sale, use or distribution of such motor vehicle fuel or aircraft fuel so sold, 5   used, distributed or withdrawn as shown by such statement in the manner and within the time pro- 6   vided in ORS 319.010 to 319.430. 7       (2) When aircraft fuel is sold, used or distributed by a dealer, the license tax shall be computed 8   on the basis of 11 cents per gallon of fuel so sold, used or distributed, except that when aircraft fuel 9   usable in aircraft operated by turbine engines (turbo-prop or jet) is sold, used or distributed, the tax10   rate shall be three cents per gallon.11       (3) In lieu of claiming refund of the tax paid on motor vehicle fuel consumed by such dealer in12   nonhighway use as provided in ORS 319.280, 319.290 and 319.320, or of any prior erroneous payment13   of license tax made to the state by such dealer, the dealer may show such motor vehicle fuel as a14   credit or deduction on the monthly statement and payment of tax.15       (4) The license tax computed on the basis of the sale, use, distribution or withdrawal of motor16   vehicle or aircraft fuel may not be imposed wherever such tax is prohibited by the Constitution or17   laws of the United States with respect to such tax.18       SECTION 41. ORS 319.020, as amended by section 4, chapter 700, Oregon Laws 2015, is19   amended to read:20       319.020. (1) Subject to subsections (2) to (4) of this section, in addition to the taxes otherwise21   provided for by law, every dealer engaging in the dealer’s own name, or in the name of others, in22   the first sale, use or distribution of motor vehicle fuel or aircraft fuel or withdrawal of motor vehicle23   fuel or aircraft fuel for sale, use or distribution within areas in this state within which the state24   lacks the power to tax the sale, use or distribution of motor vehicle fuel or aircraft fuel, shall:25       (a) Not later than the 25th day of each calendar month, render a statement to the Department26   of Transportation of all motor vehicle fuel or aircraft fuel sold, used, distributed or so withdrawn27   by the dealer in the State of Oregon as well as all such fuel sold, used or distributed in this state28   by a purchaser thereof upon which sale, use or distribution the dealer has assumed liability for the29   applicable license tax during the preceding calendar month. The dealer shall render the statement30   to the department in the manner provided by the department by rule.31       (b) Except as provided in ORS 319.270, pay a license tax computed on the basis of [30] 34 cents32   per gallon on the first sale, use or distribution of such motor vehicle fuel or aircraft fuel so sold,33   used, distributed or withdrawn as shown by such statement in the manner and within the time pro-34   vided in ORS 319.010 to 319.430.35       (2) When aircraft fuel is sold, used or distributed by a dealer, the license tax shall be computed36   on the basis of nine cents per gallon of fuel so sold, used or distributed, except that when aircraft37   fuel usable in aircraft operated by turbine engines (turbo-prop or jet) is sold, used or distributed, the38   tax rate shall be one cent per gallon.39       (3) In lieu of claiming refund of the tax paid on motor vehicle fuel consumed by such dealer in40   nonhighway use as provided in ORS 319.280, 319.290 and 319.320, or of any prior erroneous payment41   of license tax made to the state by such dealer, the dealer may show such motor vehicle fuel as a42   credit or deduction on the monthly statement and payment of tax.43       (4) The license tax computed on the basis of the sale, use, distribution or withdrawal of motor44   vehicle or aircraft fuel may not be imposed wherever such tax is prohibited by the Constitution or45   laws of the United States with respect to such tax.                                                  [65]                                             A-Eng. HB 2017 1       SECTION 42. ORS 319.530 is amended to read: 2       319.530. (1) To compensate this state partially for the use of its highways, an excise tax hereby 3   is imposed at the rate of [30] 34 cents per gallon on the use of fuel in a motor vehicle. 4       (2) Except as otherwise provided in subsections (3) and (4) of this section, 100 cubic feet of fuel 5   used or sold in a gaseous state, measured at 14.73 pounds per square inch of pressure at 60 degrees 6   Fahrenheit, is taxable at the same rate as a gallon of liquid fuel. 7       (3) One hundred twenty cubic feet of compressed natural gas used or sold in a gaseous state, 8   measured at 14.73 pounds per square inch of pressure at 60 degrees Fahrenheit, is taxable at the 9   same rate as a gallon of liquid fuel.10       (4) One and three-tenths liquid gallons of propane at 60 degrees Fahrenheit is taxable at the11   same rate as a gallon of other liquid fuel.12       (5)(a) Except as provided in paragraph (b) of this subsection, the excise tax imposed under sub-13   section (1) of this section does not apply to diesel fuel blended with a minimum of 20 percent14   biodiesel that is derived from used cooking oil.15       (b) The exemption provided under paragraph (a) of this subsection does not apply to fuel:16       (A) Used in motor vehicles that have a gross vehicle weight rating of 26,001 pounds or more;17       (B) That is not sold in retail operations; or18       (C) That is sold in operations involving fleet fueling or bulk sales.19       SECTION 43. ORS 319.530, as amended by section 3, chapter 648, Oregon Laws 2013, is20   amended to read:21       319.530. (1) To compensate this state partially for the use of its highways, an excise tax hereby22   is imposed at the rate of [30] 34 cents per gallon on the use of fuel in a motor vehicle.23       (2) Except as otherwise provided in subsections (3) and (4) of this section, 100 cubic feet of fuel24   used or sold in a gaseous state, measured at 14.73 pounds per square inch of pressure at 60 degrees25   Fahrenheit, is taxable at the same rate as a gallon of liquid fuel.26       (3) One hundred twenty cubic feet of compressed natural gas used or sold in a gaseous state,27   measured at 14.73 pounds per square inch of pressure at 60 degrees Fahrenheit, is taxable at the28   same rate as a gallon of liquid fuel.29       (4) One and three-tenths liquid gallons of propane at 60 degrees Fahrenheit is taxable at the30   same rate as a gallon of other liquid fuel.31       SECTION 44. (1) The amendments to ORS 319.020 by sections 40 and 41 of this 2017 Act32   apply to motor vehicle fuel sold, used, distributed or withdrawn on or after January 1, 2018.33       (2) The amendments to ORS 319.530 by sections 42 and 43 of this 2017 Act apply to fuel34   used in motor vehicles on or after January 1, 2018.35       SECTION 45. Fuel tax increases conditional on Oregon Transportation Commission re-36   ports. (1)(a) For calendar years beginning on or after January 1, 2020, the rates determined37   under ORS 319.020 (1)(b) and 319.530 (1) shall each be increased by two cents only if the38   Oregon Transportation Commission submits a report in the manner provided by ORS 192.24539   on or before December 1, 2019, to the Joint Committee on Transportation established under40   section 26 of this 2017 Act stating that:41       (A) The commission has identified sufficient shovel-ready highway projects and highway42   maintenance or operational uses of the increased fuel tax revenue to justify the increase;43       (B) The set of uniform standards required under section 11 (1) of this 2017 Act has been44   developed and the standards are being followed;45       (C) The reports required from cities and counties under section 11 (2) of this 2017 Act                                                   [66]                                         A-Eng. HB 2017 1   have been submitted and posted by the commission as required under section 11 (3) of this 2   2017 Act; 3       (D) The Department of Transportation is implementing the registration fees and title fees 4   described in sections 32 and 37 of this 2017 Act; and 5       (E) The Interstate 205 Active Traffic Management Project and the Interstate 205 Corridor 6   Bottleneck Project have been completed. 7       (b) In addition to the facts stated in the report required under paragraph (a) of this 8   subsection, the Oregon Transportation Commission shall also submit with the report: 9       (A) A list of the shovel-ready highway projects the commission expects to undertake with10   the revenue that will become available as a result of the increase;11       (B) The amount of bonds the commission considers necessary to be issued to complete12   shovel-ready highway projects scheduled to be commenced after January 1, 2020;13       (C) The construction and financial status of uncompleted in-progress projects exceeding14   $20 million identified in this 2017 Act;15       (D) The status of the Treasure Valley Intermodal Facility Project and the Value Pricing16   Set-Up Project;17       (E) Design, cost analysis and construction option packages for the Interstate 5 Rose18   Quarter Project for consideration by the Legislative Assembly; and19       (F) The design, construction, financial status and progress of projects costing more than20   $20 million that are identified in this 2017 Act, including, but not limited to, the Interstate21   205 Abernethy Bridge Project, the Interstate 205 Freeway Widening Project, the State High-22   way 217 Northbound Project and the State Highway 217 Southbound Project, and any other23   state transportation projects implemented after the effective date of this 2017 Act.24       (2)(a) For calendar years beginning on or after January 1, 2022, the rates determined25   under ORS 319.020 (1)(b) and 319.530 (1) and subsection (1) of this section shall each be in-26   creased by two cents only if the Oregon Transportation Commission submits a report in the27   manner provided by ORS 192.245 on or before December 1, 2021, to the Joint Committee on28   Transportation established under section 26 of this 2017 Act stating that:29       (A) The Continuous Improvement Advisory Committee appointed under section 10 of this30   2017 Act has reviewed and reported to the commission on all transportation projects costing31   $50 million or more and completed not less than six months prior to the date of the report32   required under this paragraph;33       (B) The recommendations for improvement reported by the Continuous Improvement34   Advisory Committee to the commission at least six months prior to the date of the report35   required under this paragraph have been implemented;36       (C) The commission has identified sufficient shovel-ready highway projects and highway37   maintenance or operational uses of the increased fuel tax revenue to justify the increase;38       (D) The set of uniform standards required under section 11 (1) of this 2017 Act has been39   developed and are being followed;40       (E) The reports required from cities and counties under section 11 (2) of this 2017 Act41   have been submitted and posted by the commission as required under section 11 (3) of this42   2017 Act;43       (F) Under section 11 (4) of this 2017 Act, payments from the State Highway Fund have44   been withheld from cities and counties that failed to submit reports as required under sec-45   tion 11 (2) of this 2017 Act;                                                [67]                                         A-Eng. HB 2017 1      (G) To the best knowledge of the commission, all bodies scheduled to receive fuel tax 2   revenue pursuant to this 2017 Act after the operative date of the increase are in compliance 3   with ORS 279C.305 or under review by the Bureau of Labor and Industries for compliance 4   with ORS 279C.305, or the commission has requested from the bureau confirmation of such 5   compliance; and 6      (H) The Department of Transportation is implementing the registration fees and title fees 7   described in sections 32 and 37 of this 2017 Act. 8      (b) In addition to the facts stated in the report required under paragraph (a) of this 9   subsection, the Oregon Transportation Commission shall also identify in the report:10      (A) A list of the shovel-ready highway projects the commission expects to undertake with11   the revenue that will become available as a result of the increase;12      (B) The amount of bonds the commission considers necessary to be issued to complete13   shovel-ready highway projects scheduled to be commenced after January 1, 2022; and14      (C) The construction and financial status of uncompleted in-progress projects exceeding15   $50 million identified in this 2017 Act; and16      (D) The design, construction, financial status and progress of projects costing more than17   $20 million that are identified in this 2017 Act, including, but not limited to, the Interstate18   5 Rose Quarter Project, the Interstate 205 Abernethy Bridge Project, the Interstate 20519   Freeway Widening Project, the State Highway 217 Northbound Project and the State Highway20   217 Southbound Project, and any other state transportation projects implemented after the21   effective date of this 2017 Act.22      (3)(a) For calendar years beginning on or after January 1, 2024, the rates determined23   under ORS 319.020 (1)(b) and 319.530 (1) and subsections (1) and (2) of this section shall each24   be increased by two cents only if the Oregon Transportation Commission submits a report25   in the manner provided by ORS 192.245 on or before December 1, 2023, to the Joint Commit-26   tee on Transportation established under section 26 of this 2017 Act stating that:27      (A) The Continuous Improvement Advisory Committee appointed under section 10 of this28   2017 Act has reviewed and reported to the commission on all transportation projects costing29   $50 million or more and completed not less than six months prior to the date of the report30   required under this paragraph;31      (B) The recommendations for improvement reported by the Continuous Improvement32   Advisory Committee to the commission at least six months prior to the date of the report33   required under this paragraph have been implemented;34      (C) The commission has identified sufficient shovel-ready highway projects and highway35   maintenance or operational uses of the increased fuel tax revenue to justify the increase;36      (D) The set of uniform standards required under section 11 (1) of this 2017 Act has been37   developed and are being followed;38      (E) The reports required from cities and counties under section 11 (2) of this 2017 Act39   have been submitted and posted by the commission as required under section 11 (3) of this40   2017 Act;41      (F) Under section 11 (4) of this 2017 Act, payments from the State Highway Fund have42   been withheld from cities and counties that failed to submit reports as required under sec-43   tion 11 (2) of this 2017 Act; and44      (G) To the best knowledge of the commission, all bodies scheduled to receive fuel tax45   revenue pursuant to this 2017 Act after the operative date of the increase are in compliance                                              [68]                                            A-Eng. HB 2017 1   with ORS 279C.305 or under review by the Bureau of Labor and Industries for compliance 2   with ORS 279C.305, or the commission has requested from the bureau confirmation of such 3   compliance. 4       (b) In addition to the facts stated in the report required under paragraph (a) of this 5   subsection, the Oregon Transportation Commission shall also submit with the report: 6       (A) A list of the shovel-ready highway projects the commission expects to undertake with 7   the revenue that will become available as a result of the increase; 8       (B) The amount of bonds the commission considers necessary to be issued to complete 9   shovel-ready highway projects scheduled to be commenced after January 1, 2024; and10       (C) The design, construction, financial status and progress of projects costing more than11   $20 million that are identified in this 2017 Act, including, but not limited to, the Interstate12   5 Rose Quarter Project, the Interstate 205 Abernethy Bridge Project, the Interstate 20513   Freeway Widening Project, the State Highway 217 Northbound Project and the State Highway14   217 Southbound Project, and any other state transportation projects implemented after the15   effective date of this 2017 Act.16       NOTE: Sections 46 and 47 were deleted by amendment. Subsequent sections were not renum-17   bered.1819                                      (Fees Related to Heavy Trucks)2021       SECTION 48. ORS 803.645 is amended to read:22       803.645. (1) For the period beginning on January 1, 2018, and ending on December 31, 2019,23   fees for trip permits issued under ORS 803.600 are as follows:24       [(1)] (a) For a heavy motor vehicle trip permit, $43.25       [(2)] (b) For a heavy trailer trip permit, $10.26       [(3)] (c) For a light vehicle trip permit, [$30] $32.27       [(4)] (d) For a recreational vehicle trip permit, [$30] $32.28       [(5)] (e) For a registration weight trip permit, $5.29       [(6)] (f) For a registered vehicle trip permit, $7.50.30       [(7)] (g) For a 10-day trip permit issued under ORS 803.600 (2) by a person with a vehicle dealer31   certificate or a towing business certificate, $15.32       (2) For the period beginning on January 1, 2020, and ending on December 31, 2021, fees33   for trip permits issued under ORS 803.600 are as follows:34       (a) For a heavy motor vehicle trip permit, $43.35       (b) For a heavy trailer trip permit, $10.36       (c) For a light vehicle trip permit, $33.37       (d) For a recreational vehicle trip permit, $33.38       (e) For a registration weight trip permit, $5.39       (f) For a registered vehicle trip permit, $7.50.40       (g) For a 10-day trip permit issued under ORS 803.600 (2) by a person with a vehicle dealer41   certificate or a towing business certificate, $15.42       (3) For the period beginning on January 1, 2022, and ending on December 31, 2023, fees43   for trip permits issued under ORS 803.600 are as follows:44       (a) For a heavy motor vehicle trip permit, $43.45       (b) For a heavy trailer trip permit, $10.                                                  [69]                                             A-Eng. HB 2017 1       (c) For a light vehicle trip permit, $34. 2       (d) For a recreational vehicle trip permit, $34. 3       (e) For a registration weight trip permit, $5. 4       (f) For a registered vehicle trip permit, $7.50. 5       (g) For a 10-day trip permit issued under ORS 803.600 (2) by a person with a vehicle dealer 6   certificate or a towing business certificate, $15. 7       SECTION 49. ORS 803.645, as amended by section 48 of this 2017 Act, is amended to read: 8       803.645. (1) [For the period beginning on January 1, 2018, and ending on December 31, 2019,] Fees 9   for trip permits issued under ORS 803.600 are as follows:10       (1) For a heavy motor vehicle trip permit, $43.11       (2) For a heavy trailer trip permit, $10.12       (3) For a light vehicle trip permit, $35.13       (4) For a recreational vehicle trip permit, $35.14       (5) For a registration weight trip permit, $5.15       (6) For a registered vehicle trip permit, $7.50.16       (7) For a 10-day trip permit issued under ORS 803.600 (2) by a person with a vehicle dealer17   certificate or a towing business certificate, $15.18       [(a) For a heavy motor vehicle trip permit, $43.]19       [(b) For a heavy trailer trip permit, $10.]20       [(c) For a light vehicle trip permit, $32.]21       [(d) For a recreational vehicle trip permit, $32.]22       [(e) For a registration weight trip permit, $5.]23       [(f) For a registered vehicle trip permit, $7.50. ]24       [(g) For a 10-day trip permit issued under ORS 803.600 (2) by a person with a vehicle dealer cer-25   tificate or a towing business certificate, $15.]26       [(2) For the period beginning on January 1, 2020, and ending on December 31, 2021, fees for trip27   permits issued under ORS 803.600 are as follows:]28       [(a) For a heavy motor vehicle trip permit, $43.]29       [(b) For a heavy trailer trip permit, $10.]30       [(c) For a light vehicle trip permit, $33.]31       [(d) For a recreational vehicle trip permit, $33.]32       [(e) For a registration weight trip permit, $5.]33       [(f) For a registered vehicle trip permit, $7.50.]34       [(g) For a 10-day trip permit issued under ORS 803.600 (2) by a person with a vehicle dealer cer-35   tificate or a towing business certificate, $15.]36       [(3) For the period beginning on January 1, 2022, and ending on December 31, 2023, fees for trip37   permits issued under ORS 803.600 are as follows:]38       [(a) For a heavy motor vehicle trip permit, $43.]39       [(b) For a heavy trailer trip permit, $10.]40       [(c) For a light vehicle trip permit, $34.]41       [(d) For a recreational vehicle trip permit, $34.]42       [(e) For a registration weight trip permit, $5.]43       [(f) For a registered vehicle trip permit, $7.50.]44       [(g) For a 10-day trip permit issued under ORS 803.600 (2) by a person with a vehicle dealer cer-45   tificate or a towing business certificate, $15.]                                                    [70]                                           A-Eng. HB 2017 1       SECTION 50. The amendments to ORS 803.645 by section 49 of this 2017 Act apply to fees 2   imposed on or after January 1, 2024. 3       SECTION 51. ORS 818.225 is amended to read: 4       818.225. (1) As used in this section, “equivalent single-axle load” means the relationship 5   between actual or requested weight and an 18,000 pound single-axle load as determined by the 6   American Association of State Highway and Transportation Officials Road Tests reported at 7   the Proceedings Conference of 1962. 8       [(1)(a)] (2)(a) In addition to any fee for a single-trip nondivisible load permit, a person who is 9   issued the permit or who operates a vehicle in a manner that requires the permit is liable for pay-10   ment of a road use assessment fee [of seven and one-tenths cents] computed on the basis of the11   following rates per equivalent single-axle load mile traveled[.]:12       (A) For the period beginning on January 1, 2018, and ending on December 31, 2019, eight13   and five-tenths cents.14       (B) For the period beginning on January 1, 2020, and ending on December 31, 2021, nine15   and five-tenths cents.16       (C) For the period beginning on January 1, 2022, and ending on December 31, 2023, ten17   and five-tenths cents. [As used in this subsection, “equivalent single-axle load” means the relation-18   ship between actual or requested weight and an 18,000 pound single-axle load as determined by the19   American Association of State Highway and Transportation Officials Road Tests reported at the Pro-20   ceedings Conference of 1962. The Department of Transportation may adopt rules to standardize the21   determination of equivalent single-axle load computation based on average highway conditions.]22       (b) If the road use assessment fee is not collected at the time of issuance of the permit, the de-23   partment shall bill the permittee for the amount due. The account shall be considered delinquent if24   not paid within 60 days of billing.25       (c) The miles of travel authorized by a single-trip nondivisible load permit shall be exempt from26   taxation under ORS chapter 825.27       [(2) The department by rule may establish procedures for payment, collection and enforcement of28   the fees and assessments established by this chapter.]29       (3) The department may adopt rules:30       (a) To standardize the determination of equivalent single-axle load computation based on31   average highway conditions; and32       (b) To establish procedures for payment, collection and enforcement of the fees and as-33   sessments established by this chapter.34       SECTION 52. ORS 818.225, as amended by section 51 of this 2017 Act, is amended to read:35       818.225. (1) As used in this section, “equivalent single-axle load” means the relationship between36   actual or requested weight and an 18,000 pound single-axle load as determined by the American37   Association of State Highway and Transportation Officials Road Tests reported at the Proceedings38   Conference of 1962.39       (2)(a) In addition to any fee for a single-trip nondivisible load permit, a person who is issued the40   permit or who operates a vehicle in a manner that requires the permit is liable for payment of a41   road use assessment fee of eleven and eight-tenths cents [computed on the basis of the following42   rates] per equivalent single-axle load mile traveled[:].43       [(A) For the period beginning on January 1, 2018, and ending on December 31, 2019, eight and44   five-tenths cents.]45       [(B) For the period beginning on January 1, 2020, and ending on December 31, 2021, nine and                                                  [71]                                           A-Eng. HB 2017 1   five-tenths cents.] 2       [(C) For the period beginning on January 1, 2022, and ending on December 31, 2023, ten and 3   five-tenths cents.] 4       (b) If the road use assessment fee is not collected at the time of issuance of the permit, the de- 5   partment shall bill the permittee for the amount due. The account shall be considered delinquent if 6   not paid within 60 days of billing. 7       (c) The miles of travel authorized by a single-trip nondivisible load permit shall be exempt from 8   taxation under ORS chapter 825. 9       (3) The department may adopt rules:10       (a) To standardize the determination of equivalent single-axle load computation based on aver-11   age highway conditions; and12       (b) To establish procedures for payment, collection and enforcement of the fees and assessments13   established by this chapter.14       SECTION 53. The amendments to ORS 818.225 by section 52 of this 2017 Act apply to road15   use assessment fees imposed on or after January 1, 2024.16       SECTION 54. ORS 818.270 is amended to read:17       818.270. (1) For the period beginning on January 1, 2018, and ending on December 31, 2019:18       [(1)] (a) The fee for issuance of a variance permit under ORS 818.200 may be any amount de-19   termined by a road authority, not to exceed [$8] $8.50. If the variance permit is issued by a private20   contractor, the contractor may charge an additional fee not to exceed [$5] $5.50.21       [(2)] (b) The fee for issuance of a sifting or leaking load permit under ORS 818.230 is [$8]22   $8.50.23       [(3)] (c) The fee for issuance of a dragging permit under ORS 818.240 is [$8] $8.50.24       (2) For the period beginning on January 1, 2020, and ending on December 31, 2021:25       (a) The fee for issuance of a variance permit under ORS 818.200 may be any amount de-26   termined by a road authority, not to exceed $9. If the variance permit is issued by a private27   contractor, the contractor may charge an additional fee not to exceed $6.28       (b) The fee for issuance of a sifting or leaking load permit under ORS 818.230 is $9.29       (c) The fee for issuance of a dragging permit under ORS 818.240 is $9.30       (3) For the period beginning on January 1, 2022, and ending on December 31, 2023:31       (a) The fee for issuance of a variance permit under ORS 818.200 may be any amount de-32   termined by a road authority, not to exceed $9.50. If the variance permit is issued by a pri-33   vate contractor, the contractor may charge an additional fee not to exceed $6.50.34       (b) The fee for issuance of a sifting or leaking load permit under ORS 818.230 is $9.50.35       (c) The fee for issuance of a dragging permit under ORS 818.240 is $9.50.36       (4) The fee for issuance of a permit under ORS 818.260 for the use of bus safety lights is a fee37   established by rule by the Department of Transportation. Any fee established for purposes of this38   subsection [shall] may not exceed the actual costs of issuing the permit.39       SECTION 55. ORS 818.270, as amended by section 54 of this 2017 Act, is amended to read:40       818.270. [(1) For the period beginning on January 1, 2018, and ending on December 31, 2019:]41       [(a) The fee for issuance of a variance permit under ORS 818.200 may be any amount determined42   by a road authority, not to exceed $8.50. If the variance permit is issued by a private contractor, the43   contractor may charge an additional fee not to exceed $5.50.]44       [(b) The fee for issuance of a sifting or leaking load permit under ORS 818.230 is $8.50.]45       [(c) The fee for issuance of a dragging permit under ORS 818.240 is $8.50.]                                                 [72]                                          A-Eng. HB 2017 1       [(2) For the period beginning on January 1, 2020, and ending on December 31, 2021:] 2       [(a) The fee for issuance of a variance permit under ORS 818.200 may be any amount determined 3   by a road authority, not to exceed $9. If the variance permit is issued by a private contractor, the 4   contractor may charge an additional fee not to exceed $6.] 5       [(b) The fee for issuance of a sifting or leaking load permit under ORS 818.230 is $9.] 6       [(c) The fee for issuance of a dragging permit under ORS 818.240 is $9.] 7       [(3) For the period beginning on January 1, 2022, and ending on December 31, 2023:] 8       [(a) The fee for issuance of a variance permit under ORS 818.200 may be any amount determined 9   by a road authority, not to exceed $9.50. If the variance permit is issued by a private contractor, the10   contractor may charge an additional fee not to exceed $6.50.]11       [(b) The fee for issuance of a sifting or leaking load permit under ORS 818.230 is $9.50.]12       [(c) The fee for issuance of a dragging permit under ORS 818.240 is $9.50.]13       (1) The fee for issuance of a variance permit under ORS 818.200 may be any amount de-14   termined by a road authority, not to exceed $10. If the variance permit is issued by a private15   contractor, the contractor may charge an additional fee not to exceed $7.16       (2) The fee for issuance of a sifting or leaking load permit under ORS 818.230 is $10.17       (3) The fee for issuance of a dragging permit under ORS 818.240 is $10.18       (4) The fee for issuance of a permit under ORS 818.260 for the use of bus safety lights is a fee19   established by rule by the Department of Transportation. Any fee established for purposes of this20   subsection may not exceed the actual costs of issuing the permit.21       SECTION 56. The amendments to ORS 818.270 by section 55 of this 2017 Act apply to fees22   imposed on or after January 1, 2024.23       SECTION 57. ORS 825.450 is amended to read:24       825.450. (1) Except as otherwise permitted under ORS 825.470, the Department of Transportation25   shall issue a receipt stating the combined weight of each self-propelled or motor-driven vehicle and26   any train or combination of vehicles to be used [therewith] with the self-propelled or motor-driven27   vehicle.28       (2) A person may not load any motor vehicle in excess of its combined weight permit rating29   [thus] determined under subsection (1) of this section except as variations may necessarily result30   in passenger loading. [A fee of $8] The following fee shall be paid to the department for each weight31   receipt issued[.]:32       (a) For the period beginning on January 1, 2018, and ending on December 31, 2019, $8.50.33       (b) For the period beginning on January 1, 2020, and ending on December 31, 2021, $9.34       (c) For the period beginning on January 1, 2022, and ending on December 31, 2023, $9.50.35       (3) Receipts issued under this section [shall be] are valid from the first day of any calendar36   quarter to the last day of the fourth consecutive calendar quarter. Each carrier may select the37   calendar quarter in which the period will begin except that, if necessary for administrative con-38   venience, the department may require a carrier to adopt a starting date chosen by the department.39       (4) All vehicles operating under the carrier’s authority shall have the same four-quarter period40   of receipt validity. The department may allow a carrier to operate with expired receipts for up to41   one extra quarter if the renewal application has been submitted and the required fees have been42   paid on or before the last day of the period of validity of the receipt. The extension of time allowed43   by this subsection shall be granted only if the department determines that the extension is necessary44   for the administrative convenience of the department.45       (5) The department may adopt rules necessary to administer the provisions of this section.                                                 [73]                                          A-Eng. HB 2017 1       SECTION 58. ORS 825.450, as amended by section 57 of this 2017 Act, is amended to read: 2       825.450. (1) Except as otherwise permitted under ORS 825.470, the Department of Transportation 3   shall issue a receipt stating the combined weight of each self-propelled or motor-driven vehicle and 4   any train or combination of vehicles to be used with the self-propelled or motor-driven vehicle. 5       (2) A person may not load any motor vehicle in excess of its combined weight permit rating 6   determined under subsection (1) of this section except as variations may necessarily result in pas- 7   senger loading. [The following fee] A fee of $10 shall be paid to the department for each weight re- 8   ceipt issued.[:] 9       [(a) For the period beginning on January 1, 2018, and ending on December 31, 2019, $8.50.]10       [(b) For the period beginning on January 1, 2020, and ending on December 31, 2021, $9.]11       [(c) For the period beginning on January 1, 2022, and ending on December 31, 2023, $9.50.]12       (3) Receipts issued under this section are valid from the first day of any calendar quarter to the13   last day of the fourth consecutive calendar quarter. Each carrier may select the calendar quarter14   in which the period will begin except that, if necessary for administrative convenience, the depart-15   ment may require a carrier to adopt a starting date chosen by the department.16       (4) All vehicles operating under the carrier’s authority shall have the same four-quarter period17   of receipt validity. The department may allow a carrier to operate with expired receipts for up to18   one extra quarter if the renewal application has been submitted and the required fees have been19   paid on or before the last day of the period of validity of the receipt. The extension of time allowed20   by this subsection shall be granted only if the department determines that the extension is necessary21   for the administrative convenience of the department.22       (5) The department may adopt rules necessary to administer the provisions of this section.23       SECTION 59. The amendments to ORS 825.450 by section 58 of this 2017 Act apply to fees24   imposed on or after January 1, 2024.25       NOTE: Sections 60 to 62 were deleted by amendment. Subsequent sections were not renumbered.26       SECTION 63. ORS 825.476 is amended to read:27       825.476. (1) For the period beginning on January 1, 2018, and ending on December 31, 2019:28   _______________________________________________________________________________________2930                                   MILEAGE TAX RATE TABLE “A”31   Declared Combined                        Fee Rates32   Weight Groups                             Per Mile33        (Pounds)                               (Mills)34   26,001 to    28,000             [49.8]        62.335   28,001 to    30,000             [52.8]        66.036   30,001 to    32,000             [55.2]        68.937   32,001 to    34,000             [57.6]        72.138   34,001 to    36,000             [59.9]        74.939   36,001 to    38,000             [63.0]        78.740   38,001 to    40,000             [65.4]        81.741   40,001 to    42,000             [67.7]        84.742   42,001 to    44,000             [70.2]        87.843   44,001 to    46,000             [72.6]        90.744   46,001 to    48,000             [74.9]        93.745   48,001 to    50,000             [77.4]        96.8                                                 [74]                                          A-Eng. HB 2017 1   50,001 to   52,000             [80.3]       100.4 2   52,001 to   54,000             [83.3]       104.1 3   54,001 to   56,000             [86.4]       108.0 4   56,001 to   58,000             [90.0]       112.5 5   58,001 to   60,000             [94.1]       117.7 6   60,001 to   62,000             [99.0]       123.7 7   62,001 to   64,000            [104.5]       130.6 8   64,001 to   66,000            [110.4]       138.0 9   66,001 to   68,000            [118.3]       147.810   68,001 to   70,000            [126.6]       158.311   70,001 to   72,000            [135.0]       168.712   72,001 to   74,000            [142.7]       178.313   74,001 to   76,000            [150.0]       187.514   76,001 to   78,000            [157.2]       196.615   78,001 to   80,000            [163.8]       204.816   _______________________________________________________________________________________1718                                        AXLE-WEIGHT MILEAGE19                                           TAX RATE TABLE “B”20   Declared Combined     Number of Axles21   Weight Groups          5         6                7    8        9 or22   (Pounds)                                    (Mills)            more23   80,001 to   82,000   [169.2     154.8        144.7    137.4   129.6]24                        211.5      193.4        180.8    171.8   162.025   82,001 to   84,000   [174.7     157.2        147.0    139.2   131.3]26                        218.3      196.6        183.8    174.0   164.227   84,001 to   86,000   [179.9     160.9        149.4    140.9   133.2]28                        224.9      201.1        186.8    176.2   166.529   86,001 to   88,000   [186.0     164.3        151.8    143.4   135.0]30                        232.5      205.4        189.7    179.3   168.731   88,001 to   90,000   [193.2     168.6        154.3    145.8   137.4]32                        241.5      210.7        192.8    182.2   171.833   90,001 to   92,000   [201.6     173.4        156.5    148.2   139.8]34                        252.0      216.8        195.6    185.2   174.835   92,001 to   94,000   [210.7     178.2        159.0    150.5   141.7]36                        263.3      222.7        198.7    188.2   177.137   94,001 to   96,000   [220.2     183.6        162.0    153.0   143.9]38                        275.3      229.5        202.5    191.3   179.939   96,001 to   98,000   [230.4     190.2        165.6    155.5   146.4]40                        288.1      237.8        207.0    194.4   183.041   98,001 to 100,000               [197.3       169.2    158.4   148.8]42                                   246.7        211.5    198.0   186.043   100,001 to 102,000                           [172.8   162.0   151.3]44                                                216.0    202.5   189.145   102,001 to 104,000                           [176.4   165.6   154.3]                                                [75]                                       A-Eng. HB 2017 1                                            220.5     207.0   192.8 2   104,001 to 105,500                       [181.1    169.2   157.2] 3                                            226.4     211.5   196.6 4   _______________________________________________________________________________________ 5 6      (2) For the period beginning on January 1, 2020, and ending on December 31, 2021: 7 8 9                              MILEAGE TAX RATE TABLE “A”10   Declared Combined                  Fee Rates11   Weight Groups                       Per Mile12       (Pounds)                           (Mills)13   26,001 to 28,000                         65.414   28,001 to 30,000                         69.315   30,001 to 32,000                         72.416   32,001 to 34,000                         75.717   34,001 to 36,000                         78.618   36,001 to 38,000                         82.719   38,001 to 40,000                         85.820   40,001 to 42,000                         88.921   42,001 to 44,000                         92.222   44,001 to 46,000                         95.323   46,001 to 48,000                         98.424   48,001 to 50,000                        101.625   50,001 to 52,000                        105.426   52,001 to 54,000                        109.327   54,001 to 56,000                        113.428   56,001 to 58,000                        118.129   58,001 to 60,000                        123.530   60,001 to 62,000                        129.931   62,001 to 64,000                        137.132   64,001 to 66,000                        144.933   66,001 to 68,000                        155.234   68,001 to 70,000                        166.235   70,001 to 72,000                        177.136   72,001 to 74,000                        187.337   74,001 to 76,000                        196.938   76,001 to 78,000                        206.439   78,001 to 80,000                        215.0404142                                  AXLE-WEIGHT MILEAGE43                                     TAX RATE TABLE “B”44   Declared Combined    Number of Axles45   Weight Groups         5       6               7     8        9 or                                            [76]                                     A-Eng. HB 2017 1   (Pounds)                                  (Mills)            more 2   80,001 to 82,000     222.1    203.1       189.9     180.4   170.1 3   82,001 to 84,000     229.3    206.4       193.0     182.7   172.4 4   84,001 to 86,000     236.1    211.1       196.1     185.0   174.8 5   86,001 to 88,000     244.1    215.7       199.2     188.2   177.1 6   88,001 to 90,000     253.6    221.3       202.5     191.3   180.4 7   90,001 to 92,000     264.6    227.6       205.4     194.5   183.5 8   92,001 to 94,000     276.5    233.8       208.7     197.6   186.0 9   94,001 to 96,000     289.1    241.0       212.6     200.8   188.910   96,001 to 98,000     302.5    249.7       217.3     204.1   192.211   98,001 to 100,000             259.0       222.1     207.9   195.312   100,001 to 102,000                        226.8     212.6   198.513   102,001 to 104,000                        231.5     217.3   202.514   104,001 to 105,500                        237.8     222.1   206.4151617      (3) For the period beginning on January 1, 2022, and ending on December 31, 2023:181920                                MILEAGE TAX RATE TABLE “A”21   Declared Combined                 Fee Rates22   Weight Groups                         Per Mile23       (Pounds)                            (Mills)24   26,001 to 28,000                          72.025   28,001 to 30,000                          76.426   30,001 to 32,000                          79.827   32,001 to 34,000                          83.428   34,001 to 36,000                          86.629   36,001 to 38,000                          91.130   38,001 to 40,000                          94.531   40,001 to 42,000                          98.032   42,001 to 44,000                         101.633   44,001 to 46,000                         105.034   46,001 to 48,000                         108.435   48,001 to 50,000                         112.036   50,001 to 52,000                         116.137   52,001 to 54,000                         120.538   54,001 to 56,000                         125.039   56,001 to 58,000                         130.240   58,001 to 60,000                         136.141   60,001 to 62,000                         143.242   62,001 to 64,000                         151.143   64,001 to 66,000                         159.744   66,001 to 68,000                         171.145   68,001 to 70,000                         183.1                                             [77]                                          A-Eng. HB 2017 1   70,001 to 72,000                            195.2 2   72,001 to 74,000                            206.4 3   74,001 to 76,000                            217.0 4   76,001 to 78,000                            227.4 5   78,001 to 80,000                            237.0 6 7 8                                     AXLE-WEIGHT MILEAGE 9                                        TAX RATE TABLE “B”10   Declared Combined     Number of Axles11   Weight Groups           5        6                7     8         9 or12   (Pounds)                                     (Mills)              more13   80,001 to 82,000     244.7      223.8        209.2     198.8    187.514   82,001 to 84,000     252.6      227.4        212.7     201.3    190.015   84,001 to 86,000     260.2      232.7        216.1     203.8    192.716   86,001 to 88,000     269.0      237.7        219.5     207.4    195.217   88,001 to 90,000     279.5      243.8        223.1     210.9    198.818   90,001 to 92,000     291.5      250.8        226.4     214.3    202.219   92,001 to 94,000     304.7      257.7        230.0     217.7    204.920   94,001 to 96,000     318.6      265.6        234.3     221.3    208.221   96,001 to 98,000     333.3      275.2        239.5     224.9    211.822   98,001 to 100,000               285.4        244.7     229.1    215.223   100,001 to 102,000                           249.9     234.3    218.824   102,001 to 104,000                           255.2     239.5    223.125   104,001 to 105,500                           262.0     244.7    227.4262728      SECTION 64. ORS 825.476, as amended by section 63 of this 2017 Act, is amended to read:29      825.476. [(1) For the period beginning on January 1, 2018, and ending on December 31, 2019:]30   [ ___________________________________________________________________________________ ]3132                                 MILEAGE TAX RATE TABLE “A”33   Declared Combined                       Fee Rates34   Weight Groups                           Per Mile35       (Pounds)                               (Mills)36   26,001 to   28,000                           62.337   28,001 to   30,000                           66.038   30,001 to   32,000                           68.939   32,001 to   34,000                           72.140   34,001 to   36,000                           74.941   36,001 to   38,000                           78.742   38,001 to   40,000                           81.743   40,001 to   42,000                           84.744   42,001 to   44,000                           87.845   44,001 to   46,000                           90.7                                                [78]                                          A-Eng. HB 2017 1   46,001 to   48,000                           93.7 2   48,001 to   50,000                           96.8 3   50,001 to   52,000                          100.4 4   52,001 to   54,000                          104.1 5   54,001 to   56,000                          108.0 6   56,001 to   58,000                          112.5 7   58,001 to   60,000                          117.7 8   60,001 to   62,000                          123.7 9   62,001 to   64,000                          130.610   64,001 to   66,000                          138.011   66,001 to   68,000                          147.812   68,001 to   70,000                          158.313   70,001 to   72,000                          168.714   72,001 to   74,000                          178.315   74,001 to   76,000                          187.516   76,001 to   78,000                          196.617   78,001 to   80,000                          204.818   [ ___________________________________________________________________________________ ]1920                                        AXLE-WEIGHT MILEAGE21                                        TAX RATE TABLE “B”22   Declared Combined     Number of Axles23   Weight Groups           5        6                7    8          9 or24   (Pounds)                                    (Mills)               more25   80,001 to   82,000   211.5      193.4        180.8    171.8     162.026   82,001 to   84,000   218.3      196.6        183.8    174.0     164.227   84,001 to   86,000   224.9      201.1        186.8    176.2     166.528   86,001 to   88,000   232.5      205.4        189.7    179.3     168.729   88,001 to   90,000   241.5      210.7        192.8    182.2     171.830   90,001 to   92,000   252.0      216.8        195.6    185.2     174.831   92,001 to   94,000   263.3      222.7        198.7    188.2     177.132   94,001 to   96,000   275.3      229.5        202.5    191.3     179.933   96,001 to   98,000   288.1      237.8        207.0    194.4     183.034   98,001 to 100,000               246.7        211.5    198.0     186.035   100,001 to 102,000                           216.0    202.5     189.136   102,001 to 104,000                           220.5    207.0     192.837   104,001 to 105,500                           226.4    211.5     196.638   [ ___________________________________________________________________________________ ]3940      [(2) For the period beginning on January 1, 2020, and ending on December 31, 2021:]41   [ ___________________________________________________________________________________ ]4243                                 MILEAGE TAX RATE TABLE “A”44   Declared Combined                       Fee Rates45   Weight Groups                           Per Mile                                                [79]                                        A-Eng. HB 2017 1       (Pounds)                            (Mills) 2   26,001 to   28,000                        65.4 3   28,001 to   30,000                        69.3 4   30,001 to   32,000                        72.4 5   32,001 to   34,000                        75.7 6   34,001 to   36,000                        78.6 7   36,001 to   38,000                        82.7 8   38,001 to   40,000                        85.8 9   40,001 to   42,000                        88.910   42,001 to   44,000                        92.211   44,001 to   46,000                        95.312   46,001 to   48,000                        98.413   48,001 to   50,000                       101.614   50,001 to   52,000                       105.415   52,001 to   54,000                       109.316   54,001 to   56,000                       113.417   56,001 to   58,000                       118.118   58,001 to   60,000                       123.519   60,001 to   62,000                       129.920   62,001 to   64,000                       137.121   64,001 to   66,000                       144.922   66,001 to   68,000                       155.223   68,001 to   70,000                       166.224   70,001 to   72,000                       177.125   72,001 to   74,000                       187.326   74,001 to   76,000                       196.927   76,001 to   78,000                       206.428   78,001 to   80,000                       215.029   [ ___________________________________________________________________________________ ]3031                                      AXLE-WEIGHT MILEAGE32                                      TAX RATE TABLE “B”33   Declared Combined     Number of Axles34   Weight Groups          5       6               7     8        9 or35   (Pounds)                                  (Mills)            more36   80,001 to   82,000   222.1    203.1       189.9     180.4   170.137   82,001 to   84,000   229.3    206.4       193.0     182.7   172.438   84,001 to   86,000   236.1    211.1       196.1     185.0   174.839   86,001 to   88,000   244.1    215.7       199.2     188.2   177.140   88,001 to   90,000   253.6    221.3       202.5     191.3   180.441   90,001 to   92,000   264.6    227.6       205.4     194.5   183.542   92,001 to   94,000   276.5    233.8       208.7     197.6   186.043   94,001 to   96,000   289.1    241.0       212.6     200.8   188.944   96,001 to   98,000   302.5    249.7       217.3     204.1   192.245   98,001 to 100,000             259.0       222.1     207.9   195.3                                             [80]                                          A-Eng. HB 2017 1   100,001 to 102,000                          226.8     212.6     198.5 2   102,001 to 104,000                          231.5     217.3     202.5 3   104,001 to 105,500                          237.8     222.1     206.4 4   [ ___________________________________________________________________________________ ] 5 6      [(3) For the period beginning on January 1, 2022, and ending on December 31, 2023:] 7   [ ___________________________________________________________________________________ ] 8 9                                 MILEAGE TAX RATE TABLE “A”10   Declared Combined                      Fee Rates11   Weight Groups                          Per Mile12       (Pounds)                              (Mills)13   26,001 to   28,000                          72.014   28,001 to   30,000                          76.415   30,001 to   32,000                          79.816   32,001 to   34,000                          83.417   34,001 to   36,000                          86.618   36,001 to   38,000                          91.119   38,001 to   40,000                          94.520   40,001 to   42,000                          98.021   42,001 to   44,000                         101.622   44,001 to   46,000                         105.023   46,001 to   48,000                         108.424   48,001 to   50,000                         112.025   50,001 to   52,000                         116.126   52,001 to   54,000                         120.527   54,001 to   56,000                         125.028   56,001 to   58,000                         130.229   58,001 to   60,000                         136.130   60,001 to   62,000                         143.231   62,001 to   64,000                         151.132   64,001 to   66,000                         159.733   66,001 to   68,000                         171.134   68,001 to   70,000                         183.135   70,001 to   72,000                         195.236   72,001 to   74,000                         206.437   74,001 to   76,000                         217.038   76,001 to   78,000                         227.439   78,001 to   80,000                         237.040   [ ___________________________________________________________________________________ ]4142                                        AXLE-WEIGHT MILEAGE43                                        TAX RATE TABLE “B”44   Declared Combined     Number of Axles45   Weight Groups           5        6               7     8          9 or                                               [81]                                     A-Eng. HB 2017 1   (Pounds)                                  (Mills)            more 2   80,001 to   82,000   244.7    223.8       209.2     198.8   187.5 3   82,001 to   84,000   252.6    227.4       212.7     201.3   190.0 4   84,001 to   86,000   260.2    232.7       216.1     203.8   192.7 5   86,001 to   88,000   269.0    237.7       219.5     207.4   195.2 6   88,001 to   90,000   279.5    243.8       223.1     210.9   198.8 7   90,001 to   92,000   291.5    250.8       226.4     214.3   202.2 8   92,001 to   94,000   304.7    257.7       230.0     217.7   204.9 9   94,001 to   96,000   318.6    265.6       234.3     221.3   208.210   96,001 to   98,000   333.3    275.2       239.5     224.9   211.811   98,001 to 100,000             285.4       244.7     229.1   215.212   100,001 to 102,000                        249.9     234.3   218.813   102,001 to 104,000                        255.2     239.5   223.114   104,001 to 105,500                        262.0     244.7   227.415   [ ___________________________________________________________________________________ ]16171819                                MILEAGE TAX RATE TABLE “A”20   Declared Combined                 Fee Rates21   Weight Groups                         Per Mile22       (Pounds)                            (Mills)23   26,001 to 28,000                          76.424   28,001 to 30,000                          80.925   30,001 to 32,000                          84.626   32,001 to 34,000                          88.427   34,001 to 36,000                          91.828   36,001 to 38,000                          96.629   38,001 to 40,000                         100.230   40,001 to 42,000                         103.831   42,001 to 44,000                         107.732   44,001 to 46,000                         111.333   46,001 to 48,000                         114.934   48,001 to 50,000                         118.735   50,001 to 52,000                         123.136   52,001 to 54,000                         127.737   54,001 to 56,000                         132.538   56,001 to 58,000                         138.039   58,001 to 60,000                         144.340   60,001 to 62,000                         151.741   62,001 to 64,000                         160.142   64,001 to 66,000                         169.343   66,001 to 68,000                         181.344   68,001 to 70,000                         194.145   70,001 to 72,000                         206.9                                             [82]                                            A-Eng. HB 2017 1   72,001 to 74,000                             218.7 2   74,001 to 76,000                             230.0 3   76,001 to 78,000                             241.1 4   78,001 to 80,000                             251.2 5 6 7                                       AXLE-WEIGHT MILEAGE 8                                          TAX RATE TABLE “B” 9   Declared Combined      Number of Axles10   Weight Groups            5         6               7     8           9 or11   (Pounds)                                     (Mills)                more12   80,001 to 82,000       259.4      237.3      221.8      210.7      198.713   82,001 to 84,000       267.8      241.1      225.4      213.4      201.414   84,001 to 86,000       275.8      246.6      229.1      216.1      204.215   86,001 to 88,000       285.2      252.0      232.7      219.9      206.916   88,001 to 90,000       296.2      258.4      236.5      223.5      210.717   90,001 to 92,000       309.0      265.9      239.9      227.1      214.418   92,001 to 94,000       323.0      273.1      243.8      230.8      217.219   94,001 to 96,000       337.7      281.5      248.3      234.6      220.720   96,001 to 98,000       353.3      291.7      253.9      238.4      224.521   98,001 to 100,000                 302.5      259.4      242.8      228.122   100,001 to 102,000                           264.9      248.3      231.923   102,001 to 104,000                           270.5      253.9      236.524   104,001 to 105,500                           277.7      259.4      241.1252627       SECTION 65. The amendments to ORS 825.476 by section 64 of this 2017 Act apply to28   taxes imposed on or after January 1, 2024.29       SECTION 66. ORS 825.480 is amended to read:30       825.480. (1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor31   vehicles in the transportation of logs, poles, peeler cores or piling may pay annual fees for such32   operation computed at the following rate [of seven dollars and fifty-nine cents] for each 100 pounds33   of declared combined weight[.]:34       (A) For the period beginning on January 1, 2018, and ending on December 31, 2019, $9.10.35       (B) For the period beginning on January 1, 2020, and ending on December 31, 2021, $10.20.36       (C) For the period beginning on January 1, 2022, and ending on December 31, 2023, $11.30.37       (b) Any carrier electing to pay fees under this method may, as to vehicles otherwise exempt from38   taxation, elect to be taxed on the mileage basis for movements of such empty vehicles over public39   highways whenever operations are for the purpose of repair, maintenance, servicing or moving from40   one exempt highway operation to another.41       (2) The annual fees provided in subsections (1), (4) and (5) of this section may be paid on a42   monthly basis. Any carrier electing to pay fees under this method may not change an election during43   the same calendar year in which the election is made, but may be relieved from the payment due44   for any month [on] during which a motor vehicle [which] is not operated. A carrier electing to pay45   fees under this method shall report and pay these fees on or before the 10th of each month for the                                                 [83]                                          A-Eng. HB 2017 1   preceding month’s operations. A monthly report shall be made on all vehicles on the annual fee basis 2   including any vehicle not operated for the month. 3       (3)(a) In lieu of the fees provided in ORS 825.470 to 825.474, motor vehicles described in ORS 4   825.024 with a combined weight of less than 46,000 pounds that are being operated under a permit 5   issued under ORS 825.102 may pay annual fees for such operation computed at the following rate 6   [of six dollars and twenty-three cents] for each 100 pounds of declared combined weight[.]: 7       (A) For the period beginning on January 1, 2018, and ending on December 31, 2019, $7.50. 8       (B) For the period beginning on January 1, 2020, and ending on December 31, 2021, $8.30. 9       (C) For the period beginning on January 1, 2022, and ending on December 31, 2023, $9.30.10       (b) The annual fees provided in this subsection shall be paid in advance but may be paid on a11   monthly basis on or before the first day of the month. A carrier may be relieved from the fees due12   for any month during which the motor vehicle is not operated for hire if a statement to that effect13   is filed with the Department of Transportation on or before the fifth day of the first month for which14   relief is sought.15       (4)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in the operation of motor16   vehicles equipped with dump bodies and used in the transportation of sand, gravel, rock, dirt, debris,17   cinders, asphaltic concrete mix, metallic ores and concentrates or raw nonmetallic products,18   whether crushed or otherwise, moving from mines, pits or quarries may pay annual fees for such19   operation computed at the following rate [of seven dollars and fifty-three cents] for each 100 pounds20   of declared combined weight[.]:21       (A) For the period beginning on January 1, 2018, and ending on December 31, 2019, $9.10.22       (B) For the period beginning on January 1, 2020, and ending on December 31, 2021, $10.20.23       (C) For the period beginning on January 1, 2022, and ending on December 31, 2023, $11.30.24       (b) Any carrier electing to pay fees under this method may, as to vehicles otherwise exempt for25   taxation, elect to be taxed on the mileage basis for movements of such empty vehicles over public26   highways whenever operations are for the purpose of repair, maintenance, servicing or moving from27   one exempt highway operation to another.28       (5)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles29   in the transportation of wood chips, sawdust, barkdust, hog fuel or shavings may pay annual fees for30   such operation computed at the following rate [of thirty dollars and sixty-five cents] for each 10031   pounds of declared combined weight[.]:32       (A) For the period beginning on January 1, 2018, and ending on December 31, 2019, $36.80.33       (B) For the period beginning on January 1, 2020, and ending on December 31, 2021, $41.00.34       (C) For the period beginning on January 1, 2022, and ending on December 31, 2023, $45.50.35       (b) Any carrier electing to pay under this method may, as to vehicles otherwise exempt from36   taxation, elect to be taxed on the mileage basis for movement of such empty vehicles over public37   highways whenever operations are for the purpose of repair, maintenance, service or moving from38   one exempt highway operation to another.39       SECTION 67. ORS 825.480, as amended by section 66 of this 2017 Act, is amended to read:40       825.480. (1)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor41   vehicles in the transportation of logs, poles, peeler cores or piling may pay annual fees for such42   operation computed at the [following] rate of $12.60 for each 100 pounds of declared combined43   weight.[:]44       [(A) For the period beginning on January 1, 2018, and ending on December 31, 2019, $9.10.]45       [(B) For the period beginning on January 1, 2020, and ending on December 31, 2021, $10.20.]                                                [84]                                          A-Eng. HB 2017 1       [(C) For the period beginning on January 1, 2022, and ending on December 31, 2023, $11.30.] 2       (b) Any carrier electing to pay fees under this method may, as to vehicles otherwise exempt from 3   taxation, elect to be taxed on the mileage basis for movements of such empty vehicles over public 4   highways whenever operations are for the purpose of repair, maintenance, servicing or moving from 5   one exempt highway operation to another. 6       (2) The annual fees provided in subsections (1), (4) and (5) of this section may be paid on a 7   monthly basis. Any carrier electing to pay fees under this method may not change an election during 8   the same calendar year in which the election is made, but may be relieved from the payment due 9   for any month during which a motor vehicle is not operated. A carrier electing to pay fees under10   this method shall report and pay these fees on or before the 10th of each month for the preceding11   month’s operations. A monthly report shall be made on all vehicles on the annual fee basis including12   any vehicle not operated for the month.13       (3)(a) In lieu of the fees provided in ORS 825.470 to 825.474, motor vehicles described in ORS14   825.024 with a combined weight of less than 46,000 pounds that are being operated under a permit15   issued under ORS 825.102 may pay annual fees for such operation computed at the [following] rate16   of $10.30 for each 100 pounds of declared combined weight.[:]17       [(A) For the period beginning on January 1, 2018, and ending on December 31, 2019, $7.50.]18       [(B) For the period beginning on January 1, 2020, and ending on December 31, 2021, $8.30.]19       [(C) For the period beginning on January 1, 2022, and ending on December 31, 2023, $9.30.]20       (b) The annual fees provided in this subsection shall be paid in advance but may be paid on a21   monthly basis on or before the first day of the month. A carrier may be relieved from the fees due22   for any month during which the motor vehicle is not operated for hire if a statement to that effect23   is filed with the Department of Transportation on or before the fifth day of the first month for which24   relief is sought.25       (4)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in the operation of motor26   vehicles equipped with dump bodies and used in the transportation of sand, gravel, rock, dirt, debris,27   cinders, asphaltic concrete mix, metallic ores and concentrates or raw nonmetallic products,28   whether crushed or otherwise, moving from mines, pits or quarries may pay annual fees for such29   operation computed at the [following] rate of $12.60 for each 100 pounds of declared combined30   weight.[:]31       [(A) For the period beginning on January 1, 2018, and ending on December 31, 2019, $9.10.]32       [(B) For the period beginning on January 1, 2020, and ending on December 31, 2021, $10.20.]33       [(C) For the period beginning on January 1, 2022, and ending on December 31, 2023, $11.30]34       (b) Any carrier electing to pay fees under this method may, as to vehicles otherwise exempt for35   taxation, elect to be taxed on the mileage basis for movements of such empty vehicles over public36   highways whenever operations are for the purpose of repair, maintenance, servicing or moving from37   one exempt highway operation to another.38       (5)(a) In lieu of other fees provided in ORS 825.474, carriers engaged in operating motor vehicles39   in the transportation of wood chips, sawdust, barkdust, hog fuel or shavings may pay annual fees for40   such operation computed at the [following] rate of $50.80 for each 100 pounds of declared combined41   weight.[:]42       [(A) For the period beginning on January 1, 2018, and ending on December 31, 2019, $36.80.]43       [(B) For the period beginning on January 1, 2020, and ending on December 31, 2021, $41.00.]44       [(C) For the period beginning on January 1, 2022, and ending on December 31, 2023, $45.50.]45       (b) Any carrier electing to pay under this method may, as to vehicles otherwise exempt from                                                [85]                                            A-Eng. HB 2017 1   taxation, elect to be taxed on the mileage basis for movement of such empty vehicles over public 2   highways whenever operations are for the purpose of repair, maintenance, service or moving from 3   one exempt highway operation to another. 4       SECTION 68. The amendments to ORS 825.480 by section 67 of this 2017 Act apply to fees 5   imposed on or after January 1, 2024. 6       NOTE: Section 69 was deleted by amendment. Subsequent sections were not renumbered. 7       SECTION 70. ORS 826.023 is amended to read: 8       826.023. (1) The fee for issuance of a duplicate or replacement registration card is [$2.50] $3. 9       (2) The fee for issuance of each original, replacement or duplicate registration plate is [$2.50]10   $3 and includes a registration card and sticker.11       (3) The fee for renewal of a registration plate is [$2.50] $3 and includes a registration card and12   sticker.13       (4) The fee for issuance of replacement registration stickers is [$2.50] $3.14       (5) If a second plate is required for one vehicle, the fee for the plate or for a sticker for the plate15   is [$2.50] $3.16       SECTION 71. The amendments to ORS 826.023 by section 70 of this 2017 Act apply to fees17   imposed on or after January 1, 2020.1819                                 (Tax and Fee Distribution and Projects)2021       SECTION 71a. (1) The following amounts shall be distributed in the manner prescribed22   in this section:23       (a) The amount attributable to the increase in tax rates by section 45 of this 2017 Act24   and the amendments to ORS 319.020 and 319.530 by sections 40 to 43 of this 2017 Act.25       (b) The amount attributable to the vehicle registration and title fees imposed under26   sections 32, 33, 37 and 38 of this 2017 Act.27       (c) The amount attributable to the increase in taxes and fees by the amendments to ORS28   803.420, 803.645, 818.225, 818.270, 825.450, 825.476, 825.480 and 826.023 by sections 34, 35, 48, 49,29   51, 52, 54, 55, 57, 58, 63, 64, 66, 67 and 70 of this 2017 Act.30       (2) The amounts described in subsection (1) of this section shall be distributed in the31   following order and for the following purposes:32       (a) For calendar years beginning on or after January 1, 2022, $30 million shall be used for33   the Interstate 5 Rose Quarter Project. This amount shall be used for the Interstate 5 Rose34   Quarter Project only until the later of the date on which the project is completed or on35   which all bonds issued to fund the project have been repaid.36       (b) $10 million per year shall be deposited into the Safe Routes to Schools Fund for the37   purpose of providing Safe Routes to Schools matching grants under section 123 of this 201738   Act. The remainder of the moneys shall be distributed as described in subsection (3) of this39   section.40       (3) The moneys described in subsection (1) of this section that remain after the allocation41   of moneys described in subsection (2) of this section shall be allocated as follows:42       (a) 50 percent to the Department of Transportation.43       (b) 30 percent to counties for distribution as provided in ORS 366.762.44       (c) 20 percent to cities for distribution as provided in ORS 366.800.45       (4) The moneys described in subsection (3)(a) of this section or equivalent amounts that                                                  [86]                                           A-Eng. HB 2017 1   become available to the Department of Transportation shall be allocated as follows: 2       (a) $10 million for safety. 3       (b) Of the remaining balance: 4       (A) Forty percent for bridges. 5       (B) Thirty percent for seismic improvements related to highways and bridges. 6       (C) Twenty-four percent for state highway pavement preservation and culverts. 7       (D) Six percent for state highway maintenance and safety improvements. 8       SECTION 71b. Section 71a of this 2017 Act is amended to read: 9       Sec. 71a. (1) The following amounts shall be distributed in the manner prescribed in this section:10       (a) The amount attributable to the increase in tax rates by section 45 of this 2017 Act and the11   amendments to ORS 319.020 and 319.530 by sections 40 to 43 of this 2017 Act.12       (b) The amount attributable to the vehicle registration and title fees imposed under sections 32,13   33, 37 and 38 of this 2017 Act.14       (c) The amount attributable to the increase in taxes and fees by the amendments to ORS 803.420,15   803.645, 818.225, 818.270, 825.450, 825.476, 825.480 and 826.023 by sections 34, 35, 48, 49, 51, 52, 54,16   55, 57, 58, 63, 64, 66, 67 and 70 of this 2017 Act.17       (2) The amounts described in subsection (1) of this section shall be distributed in the following18   order and for the following purposes:19       (a) [For calendar years beginning on or after January 1, 2022,] $30 million shall be used for the20   Interstate 5 Rose Quarter Project. This amount shall be used for the Interstate 5 Rose Quarter21   Project only until the later of the date on which the project is completed or on which all bonds is-22   sued to fund the project have been repaid.23       (b) [$10] $15 million per year shall be deposited into the Safe Routes to Schools Fund for the24   purpose of providing Safe Routes to Schools matching grants under section 123 of this 2017 Act. The25   remainder of the moneys shall be distributed as described in subsection (3) of this section.26       (3) The moneys described in subsection (1) of this section that remain after the allocation of27   moneys described in subsection (2) of this section shall be allocated as follows:28       (a) 50 percent to the Department of Transportation.29       (b) 30 percent to counties for distribution as provided in ORS 366.762.30       (c) 20 percent to cities for distribution as provided in ORS 366.800.31       (4) The moneys described in subsection (3)(a) of this section or equivalent amounts that become32   available to the Department of Transportation shall be allocated as follows:33       (a) $10 million for safety.34       (b) Of the remaining balance:35       (A) Forty percent for bridges.36       (B) Thirty percent for seismic improvements related to highways and bridges.37       (C) Twenty-four percent for state highway pavement preservation and culverts.38       (D) Six percent for state highway maintenance and safety improvements.39       SECTION 71c. The amendments to section 71a of this 2017 Act by section 71b of this 201740   Act become operative on January 1, 2023.41       SECTION 71d. (1) The Oregon Transportation Commission shall use the proceeds of42   bonds, as defined in ORS 367.010, authorized under ORS 367.620 (3)(d) to finance the trans-43   portation projects listed in this section. The commission shall determine the order of com-44   pletion for the projects listed in subsection (2) of this section.45       (2) No later than January 1, 2024, the commission shall allocate the following amounts                                                  [87]                                               A-Eng. HB 2017 1   to each region, as described in ORS 366.805, for the projects listed below, provided that the 2   commission determines that the projects could constitutionally be funded by revenues de- 3   scribed in Article IX, section 3a, of the Oregon Constitution: 4 5 6     (a) Region one: ......................... $        249,700,000 7     (A) State Highway 211 8           improvements beginning where 9           the highway intersects with10           State Highway 213 and ending11           where the highway intersects12           Molalla Avenue in the13           City of Molalla14     (B) WaNaPa Street improvements15           in the City of Cascade16           Locks17     (C) Port of Hood River bridge18           replacement environmental19           impact study20     (D) Columbia Boulevard21           pedestrian safety22     (E) Southeast Powell23           Boulevard jurisdiction24           transfer as described25           under section 13426           of this 2017 Act27     (F) Interstate 205 active traffic28           management project29     (G) Interstate 205 corridor30           bottleneck project31     (H) State Highway 21732           Northbound project33     (I)   State Highway 21734           Southbound project35     (J) Improvements to Graham36           Road where it intersects37           with Interstate 84 in38           the City of Troutdale39     (b) Region 2: ............................. $      201,950,00040     (A) Oregon Manufacturing41           Innovation Center42           Access Roads in Columbia43           County44     (B) Interstate 5 at the45           Aurora-Donald interchange,                                                       [88]                                             A-Eng. HB 2017 1         Phase I 2   (C) State Highway 99E in 3         the City of Halsey 4   (D) State Highway 214 5         pedestrian safety 6         improvements at the 7         intersection with 8         Jefferson Street in the 9         City of Silverton10   (E) Territorial Highway11         jurisdiction transfer12         as described under13         section 134 of this14         this 2017 Act15   (F) U.S. Highway 20 safety16         upgrades from the17         City of Albany to the18         City of Corvallis19   (G) State Highway 58, adding20         passing lanes west of the21         City of Oakridge22   (H) State Highway 22 and Center23         Street Bridge, seismic24         retrofit in the City25         of Salem26   (I)   State Highway 99 in27         City of Eugene28         jurisdiction transfer29         as described30         under section 134 of31         this 2017 Act32   (J) State Highway 12633         Florence-Eugene34         Highway for35         environmental impact study36   (K) 42nd Street in the City37         of Springfield38   (L) Newberg and Dundee Bypass,39         State Highway 99W,40         Phase II, design only41   (c) Region 3: ............................. $          75 million42   (A) Scottsburg Bridge on43         State Highway 38 in44         Douglas County45   (B) Southern Oregon seismic                                                     [89]                                             A-Eng. HB 2017 1         triage transportation 2         project 3   (d) Region 4: ............................. $          76,493,000 4   (A) U.S. Highway 97 Cooley 5         Road mid-term 6         improvements 7   (B) U.S. Highway 97 at 8         Terrabonne 9   (C) Improvements to Alder10         Creek Road in11         Wheeler County12   (D) Pedestrian safety13         improvements14         in the City of Dufur15   (E) Pedestrian safety16         improvements in the17         City of Prineville18   (F) Tom McCall Road19         roundabout20   (G) Pedestrian safety21         improvements22         in the City of Arlington23   (e) Region 5: ............................. $          43,647,00024   (A) Port of Umatilla Road25   (B) Hermiston North First26         Place Project in the27         City of Hermiston28   (C) State Highway 30 and29         Hughes Lane intersection30         in Baker County31   (D) Eastern Oregon Trade and32         Event Center access road33   (E) Pedestrian safety34         improvements in the35         City of Heppner36   (F) Pedestrian safety37         improvements in the38         City of Milton-Freewater39   (G) Columbia Development40         Authority Access Road41   (H) Pedestrian safety42         improvements43         in the City of Burns44   (I)   Pedestrian safety45         improvements                                                     [90]                                                 A-Eng. HB 2017 1          in the City of Irrigon 2      (J) U.S. Highway 20 freight 3          mobility enhancements 4      (K) Cedar Street and Hughes 5          Lane enhancements in 6          Baker County 7 8 9      (3)(a) When the commission determines that a project described in this section is com-10   pleted, the commission shall reallocate any amount remaining from the allocation made un-11   der this section to another project described in the same region.12      (b) When the commission determines that all of the projects within a region are com-13   pleted, the commission shall reallocate any amount remaining from the allocation made un-14   der this section to any other project listed in this section.15      (4) The amounts described in this section for jurisdiction transfers described in section16   134 of this 2017 Act may not be allocated until after the transfer for which the allocation is17   dedicated occurs.18      NOTE: Section 71e was deleted by amendment. Subsequent sections were not renumbered.19      SECTION 71f. Multimodal projects. (1) Notwithstanding ORS 367.080 to 367.086 and sub-20   ject to subsection (3) of this section and the availability of funds, the Department of Trans-21   portation shall first distribute the moneys in the Connect Oregon Fund, other than moneys22   dedicated for purposes described in Article XV, section 4a, of the Oregon Constitution, for23   the projects listed in subsection (2) of this section.24      (2) The department shall distribute the following amounts for the projects listed below:252627      (a) Mid-Willamette Valley28          Intermodal Facility ............. $                  25 million29      (b) Treasure Valley30          Intermodal Facility ............. $                  26 million31      (c) Rail expansion in32          East Beach Industrial33          Park at the34          Port of Morrow ................... $            6.55 million35      (d) Extend Brooks rail36          siding................................... $      2.6 million373839      (3) No later than January 1, 2020, to receive a distribution under this section, a potential40   recipient of moneys shall prepare and submit a plan to the Oregon Transportation Commis-41   sion. At a minimum, the plan submitted must certify when and how the potential recipient42   plans to spend the moneys for the project with no more than five percent of the allocated43   funds to be available to recipients for development of the plan. The commission shall44   promptly review any submitted plans and if the commission approves the plan, the Depart-45   ment of Transportation shall distribute the moneys after adopting an agreement with the                                                          [91]                                         A-Eng. HB 2017 1   recipient. The agreement shall follow rules adopted by the commission for projects that re- 2   ceive grants from the Connect Oregon Fund. 3       (4) After the distributions, if any, are made under this section, the remainder of the 4   moneys in the Connect Oregon Fund shall be distributed as described in ORS 367.080 to 5   367.086. 6       NOTE: Section 71g was deleted by amendment. Subsequent sections were not renumbered. 7       SECTION 71h. (1) Notwithstanding section 71a (4) of this 2017 Act, the Department of 8   Transportation may use amounts available under section 71a of this 2017 Act to pay debt 9   service for the purposes described in 367.620 (3)(d).10       (2) Any amounts remaining after the payment of debt service shall be used as described11   in section 71a (4) of this 2017 Act.12       SECTION 71i. ORS 367.620 is amended to read:13       367.620. (1) The principal amount of Highway User Tax Bonds issued under ORS 367.615 shall14   be subject to the provisions of ORS 286A.035.15       (2) Highway User Tax Bonds may be issued under ORS 367.615 for the purposes described in16   ORS 367.622 in an aggregate principal amount sufficient to produce net proceeds of not more than17   $500 million.18       (3)(a) Highway User Tax Bonds may be issued under ORS 367.615 for bridge purposes described19   in section 10 (1), chapter 618, Oregon Laws 2003, in an aggregate principal amount sufficient to20   produce net proceeds of not more than $1.6 billion.21       (b) Highway User Tax Bonds may be issued under ORS 367.615 for modernization purposes de-22   scribed in sections 10 (2) and 11, chapter 618, Oregon Laws 2003, in an aggregate principal amount23   sufficient to produce net proceeds of not more than $300 million.24       (c) Highway User Tax Bonds may be issued under ORS 367.615 for the purposes described sec-25   tion 64, chapter 865, Oregon Laws 2009, in an aggregate principal amount sufficient to produce net26   proceeds of not more than $840 million. The proceeds from bonds issued as described in this para-27   graph that are not required for the purposes described in section 64, chapter 865, Oregon Laws 2009,28   shall be allocated to transportation projects, as defined in ORS 367.010, that are approved by the29   Legislative Assembly by law.30       (d) Highway User Tax Bonds may be issued under ORS 367.615 for purposes described in31   section 71d of this 2017 Act in an aggregate principal amount sufficient to produce net pro-32   ceeds of not more than $480 million.33       [(d)] (e) The Department of Transportation, with the approval of the State Treasurer, may des-34   ignate the extent to which a series of bonds authorized under this subsection is secured and payable35   on a parity of lien or on a subordinate basis to existing or future Highway User Tax Bonds.36       SECTION 71j. The amendments to ORS 367.620 by section 71i of this 2017 Act do not im-37   pair the interest of the holders of Highway User Tax Bonds that are outstanding on the ef-38   fective date of this 2017 Act or any obligations of the agreements of the Department of39   Transportation under its Amended and Restated Master Highway User Tax Revenue Bond40   Declaration dated June 1, 2006, as amended and supplemented.41       SECTION 71k. Sections 71h and 71j of this 2017 Act and the amendments to ORS 367.62042   by section 71i of this 2017 Act become operative on January 1, 2020.43       SECTION 71L. Section 18, chapter 30, Oregon Laws 2010, is amended to read:44       Sec. 18. (1) The Department of Transportation shall report quarterly to the legislative commit-45   tees on revenue if the Legislative Assembly is in session or, if the Legislative Assembly is not in                                               [92]                                          A-Eng. HB 2017 1   session, to the Legislative Revenue Officer. The department’s report shall include an estimate of the 2   amounts received in the previous quarter from the increased taxes and fees established in chapter 3   865, Oregon Laws 2009, and an estimate of the projected revenue in the current quarter from the 4   increased taxes and fees established in chapter 865, Oregon Laws 2009. 5       (2) In addition to the report described in subsection (1) of this section, the Department 6   of Transportation shall report quarterly to the legislative committees on revenue if the 7   Legislative Assembly is in session or, if the Legislative Assembly is not in session, to the 8   Legislative Revenue Officer. The department’s report shall include: 9       (a) An estimate of the amounts received in the previous quarter from the increased taxes10   and fees established in sections 32, 33, 37, 38 and 45 of this 2017 Act and the amendments to11   ORS 319.020, 319.530, 803.420, 803.645, 818.225, 818.270, 825.450, 825.476, 825.480 and 826.023 by12   sections 34, 35, 40 to 43, 48, 49, 51, 52, 54, 55, 57, 58, 63, 64, 66, 67 and 70 of this 2017 Act, and13   an estimate of the projected revenue in the current quarter from the increased taxes and14   fees established in sections 32, 33, 37, 38 and 45 of this 2017 Act and the amendments to ORS15   319.020, 319.530, 803.420, 803.645, 818.225, 818.270, 825.450, 825.476, 825.480 and 826.023 by16   sections 34, 35, 40 to 43, 48, 49, 51, 52, 54, 55, 57, 58, 63, 64, 66, 67 and 70 of this 2017 Act.17       (b) An estimate of the amounts received in the previous biennium to date from the in-18   creased taxes and fees established in sections 32, 33, 37, 38 and 45 of this 2017 Act and the19   amendments to ORS 319.020, 319.530, 803.420, 803.645, 818.225, 818.270, 825.450, 825.476, 825.48020   and 826.023 by sections 34, 35, 40 to 43, 48, 49, 51, 52, 54, 55, 57, 58, 63, 64, 66, 67 and 70 of this21   2017 Act, and an estimate of the projected revenue in the remaining current biennium from22   the increased taxes and fees established in sections 32, 33, 37, 38 and 45 of this 2017 Act and23   the amendments to ORS 319.020, 319.530, 803.420, 803.645, 818.225, 818.270, 825.450, 825.476,24   825.480 and 826.023 by sections 34, 35, 40 to 43, 48, 49, 51, 52, 54, 55, 57, 58, 63, 64, 66, 67 and25   70 of this 2017 Act.26       (c) Information about the expenditures and distributions made under section 71a of this27   2017 Act, including but not limited to:28       (A) Information about the department’s total funds as well as the funds raised separately29   by the increased taxes and fees established in sections 32, 33, 37, 38 and 45 of this 2017 Act30   and the amendments to ORS 319.020, 319.530, 803.420, 803.645, 818.225, 818.270, 825.450, 825.476,31   825.480 and 826.023 by sections 34, 35, 40 to 43, 48, 49, 51, 52, 54, 55, 57, 58, 63, 64, 66, 67 and32   70 of this 2017 Act and expended as described in section 71a (3)(c) of this 2017 Act.33       (B) Quarterly amounts that include all the actual and forecasted expenditures and dis-34   tributions made under section 71a of this 2017 Act for each quarter of the current biennium35   and the forecasted expenditures and distributions for the following biennium.3637                                       (Small Cities and Counties)3839       SECTION 72. ORS 366.805 is amended to read:40       366.805. (1) Except as provided in subsection (2) of this section, the appropriation specified in41   ORS 366.800 shall be allocated to the cities as provided in this subsection. The moneys subject to42   allocation under this subsection shall be distributed by the Department of Transportation according43   to the following:44       (a) The moneys shall be distributed to all the cities.45       (b) Each city shall receive such share of the moneys as its population bears to the total popu-                                                 [93]                                           A-Eng. HB 2017 1   lation of the cities. 2       (2) Each year, the sum of [$500,000] $2,500,000 shall be withdrawn from the appropriation spec- 3   ified in ORS 366.800 and [$500,000] $2,500,000 shall be withdrawn from moneys available to the De- 4   partment of Transportation from the State Highway Fund. [and set up in] The sums withdrawn 5   shall be transferred to a separate account to be administered by the Department of Transporta- 6   tion. The following apply to the account described in this subsection: 7       (a) Money from the account shall [only] be used only upon streets: 8       (A) That are not a part of the state highway system; 9       (B) That are within cities with populations of 5,000 or fewer persons; and10       (C) That are inadequate for the capacity [they] the streets serve or are in a condition detri-11   mental to safety.12       (b) All moneys in the account shall be allotted each year.13       (c) Subject to paragraph (d) of this subsection, the department shall determine the distribution14   of the expenditures after considering applications [made to it therefor] from the cities submitted to15   the department.16       (d) The department may enter into agreements with cities upon the advice and counsel of or-17   ganizations representing cities to establish:18       (A) The method of allotting moneys from the account; or19       (B) The method of considering applications from cities and determining distribution based on the20   applications.21       (3) The Director of Transportation shall establish a small city advisory committee. The22   advisory committee shall review applications submitted by small cities and shall recommend23   applications for approval to the director. In consultation with the League of Oregon Cities,24   the director shall appoint to the advisory committee one representative of a small city in25   each of the five regions of this state.26       (4) For purposes of this section:27       (a) Region one consists of Clackamas, Hood River, Multnomah and Washington Counties.28       (b) Region two consists of Benton, Clatsop, Columbia, Lane, Lincoln, Linn, Marion, Polk,29   Tillamook and Yamhill Counties.30       (c) Region three consists of Coos, Curry, Douglas, Jackson and Josephine Counties.31       (d) Region four consists of Crook, Deschutes, Gilliam, Jefferson, Klamath, Lake,32   Sherman, Wasco and Wheeler Counties.33       (e) Region five consists of Baker, Grant, Harney, Malheur, Morrow, Umatilla, Union and34   Wallowa Counties.35       SECTION 73. ORS 366.772 is amended to read:36       366.772. (1) Not later than July 31 in each calendar year, the sum of [$500,000] $5,500,000 shall37   be withdrawn from the appropriation specified in ORS 366.762[,] and the sum of $250,000 shall be38   withdrawn from moneys available to the Department of Transportation from the State Highway39   Fund. The sums withdrawn shall be [set up in] transferred to a separate account to be administered40   by the Department of Transportation.41       (2) Not later than July 31 in each calendar year, the sum of [$750,000] $5,750,000 shall be42   withdrawn from the separate account described in subsection (1) of this section and distributed to43   counties [that had a county road base funding deficit in the prior fiscal year. A county’s share of the44   $750,000 shall be based on the ratio of the amount of the county’s road base funding deficit to the total45   amount of county road base funding deficits of all counties.] as follows:                                                 [94]                                               A-Eng. HB 2017 1       (a) An amount of $750,000 shall be distributed to the following counties in the following 2   amounts: 3       (A)   Harney County .......................... $    271,909 4       (B)   Malheur County ........................ $     187,947 5       (C)   Morrow County ......................... $     108,073 6       (D)   Gilliam County .......................... $    94,036 7       (E)   Sherman County ....................... $       79,700 8       (F)   Wheeler County ........................ $       8,335 9       (b) An amount of $5,000,000 shall be distributed proportionally to counties with fewer10   than 200,000 registered vehicles based on a ratio of registered vehicles to road miles main-11   tained by each county.12       (3) Moneys allocated as provided in this section may be used only for maintenance, repair and13   improvement of existing roads that are[.]:14       (a) Not a part of the state highway system;15       (b) Within counties with fewer than 200,000 registered vehicles; and16       (c) Inadequate for the capacity the roads serve or are in a condition detrimental to17   safety.18       (4) All moneys in the account shall be allotted each year.19       [(4) As used in this section:]20       [(a) “Arterial highway” has the meaning given that term in ORS 801.127.]21       [(b) “Collector highway” has the meaning given that term in ORS 801.197.]22       [(c) “County road base funding deficit” means the amount of a county’s minimum county road base23   funding minus the amount of that county’s dedicated county road funding. A county has a county road24   base funding deficit only if the amount of the dedicated county road funding is less than the amount25   of the minimum county road base funding.]26       [(d) “Dedicated county road funding” for a county means:]27       [(A) Moneys received from federal forest reserves and apportioned to the county road fund in ac-28   cordance with ORS 294.060;]29       [(B) State Highway Fund moneys distributed to the county, other than moneys distributed under30   this section and not including moneys allocated under section 15, chapter 911, Oregon Laws 2007;31   and]32       [(C) Federal Highway Administration revenues allocated by formula to the county annually under33   the federal-aid highway program authorized by 23 U.S.C. chapter 1. These moneys do not include fed-34   eral funds received by the county through a competitive grant process.]35       [(e) “Minimum county road base funding” means $4,500 per mile of county roads that are arterial36   and collector highways beginning on July 1, 2008, and thereafter means $4,500 per mile of county roads37   that are arterial and collector highways as adjusted annually on the basis of the Portland-Salem,38   OR-WA, Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau39   of Labor Statistics of the United States Department of Labor.]40       SECTION 74. ORS 366.155 is amended to read:41       366.155. (1) The Department of Transportation shall, among other things:42       (a) So far as practicable, compile statistics relative to the public highways of the state and43   collect all information in regard thereto which the Director of Transportation may deem important44   or of value in connection with highway location, construction, maintenance, improvement or opera-45   tion.                                                      [95]                                          A-Eng. HB 2017 1       (b) Keep on file in the office of the department copies of all plans, specifications and estimates 2   prepared by the department. 3       (c) Make all necessary surveys for the location or relocation of highways and cause to be made 4   and kept in the department a general highway plan of the state. 5       (d) Collect and compile information and statistics relative to the mileage, character and condi- 6   tion of highways and bridges in the different counties in the state, both with respect to state and 7   county highways. 8       (e) Investigate and determine the methods of road construction best adapted in the various 9   counties or sections of the state, giving due regard to the topography, natural character and avail-10   ability of road-building materials and the cost of building and maintaining roads under this Act.11       (f) Prepare surveys, plans, specifications and estimates for the construction, reconstruction, im-12   provement, maintenance and repair of any bridge, street, road and highway. In advertising for bids13   on any such project the director shall invite bids in conformity with such plans and specifications.14       (g) Keep an accurate and detailed account of all moneys expended in the location, survey, con-15   struction, reconstruction, improvement, maintenance or operation of highways, roads and streets,16   including costs for rights of way, under this Act, and keep a record of the number of miles so lo-17   cated, constructed, maintained or operated in each county, the date of construction, the width of18   such highways and the cost per mile for the construction and maintenance of the highways.19       (h) Upon request of a county governing body, assist the county on matters relating to road lo-20   cation, construction or maintenance. Plans and specifications for bridges or culverts that are pro-21   vided under this paragraph shall be provided without cost to the 10 counties with the lowest22   [dedicated county road funding, as defined in ORS 366.772] ratio of registered vehicles to road23   miles maintained by each county. Standard specifications for road projects shall be provided24   without cost to all counties. The Department of Transportation shall determine an amount to be25   charged for assistance under this paragraph in establishing specifications and standards for roads26   under ORS 368.036. The costs of assistance not specifically provided for under this paragraph shall27   be paid as provided by agreement between the county governing body and the director.28       (i) Upon request of the State Parks and Recreation Department, assist the State Parks and Re-29   creation Department in evaluating the potential need for construction, reconstruction, improvement,30   maintenance or operation of highways, roads and streets that would result if the State Parks and31   Recreation Commission acquired and developed a new historic site, park or recreation area under32   the criteria established pursuant to ORS 390.112 or any other criteria for acquisition established by33   the State Parks and Recreation Commission.34       (2) The director may require duties with respect to audits and accounting procedures provided35   for in this section and ORS 366.165 to be performed and responsibilities to be assumed by the fiscal36   officer of the department appointed under ORS 184.637.37       (3) In carrying out the duties set forth in this section, the director shall act in a manner that38   is consistent with the goal set forth in ORS 468B.155.39       SECTION 74a. The amendments to ORS 366.155, 366.772 and 366.805 by sections 72, 73 and40   74 of this 2017 Act become operative on January 1, 2018.4142                                           (Study and Report)4344       SECTION 75. (1) The Oregon Transportation Commission shall conduct a study. The45   purpose of the study is to determine:                                                [96]                                          A-Eng. HB 2017 1       (a) The proportionate share that users of vehicles that are powered by different means 2   should pay for the costs of maintenance, operation and improvement of the highways in this 3   state; and 4       (b) Whether users of vehicles that are powered by different means are paying that share. 5       (2) If the commission determines that users are not paying a proportionate share, then 6   the commission may include in the report recommendations for legislation. 7       (3) This section applies to users paying the vehicle registration fee under ORS 803.420 8   (6)(a). 9       (4) The commission shall report the results of the study to the Joint Committee on10   Transportation established under section 26 of this 2017 Act, in the manner provided by ORS11   192.245, no later than September 15, 2023.12       SECTION 76. Section 75 of this 2017 Act is repealed on January 2, 2024.13       NOTE: Section 77 was deleted by amendment. Subsequent sections were not renumbered.1415                                 MULTIMODAL TRANSPORTATION16                                           (Connect Oregon)1718       SECTION 78. ORS 367.080 is amended to read:19       367.080. (1) As used in ORS 367.080 to 367.086:20       (a) “Bicycle” has the meaning given that term in ORS 801.150.21       (b) “Private entity” means any entity that is not a public body, including but not limited22   to a corporation, partnership, company, nonprofit organization or other legal entity or na-23   tural person.24       (c) “Public body” has the meaning given that term in ORS 174.109.25       (d) “Statewide significance” means a transportation project that:26       (A) Benefits the regional and statewide economy; and27       (B) Sustains employment within the community or region in which the transportation28   project is located beyond the employment associated with construction or implementation29   of the project.30       [(b)] (e) “Transportation project” means a project or undertaking for transit, rail, marine, avi-31   ation and bicycle and pedestrian capital infrastructure, including bridges, paths and ways, or a32   project that facilitates the transportation of materials, animals or people. A transportation project33   does not include costs associated with operating expenses or the purchase of bicycles.34       (2) The Connect Oregon Fund is established in the State Treasury, separate and distinct from35   the General Fund. Earnings on moneys in the Connect Oregon Fund shall be deposited into the fund.36   Moneys in the Connect Oregon Fund are continuously appropriated to the Department of Trans-37   portation for the purposes described in subsection (3) of this section and in ORS 367.086. The fund38   consists of the following:39       (a) Moneys transferred to the fund under sections 96 and 97 of this 2017 Act.40       (b) Moneys appropriated to the fund by the Legislative Assembly.41       (c) Earnings on moneys in the fund.42       (d) Lottery bond proceeds.43       (e) Moneys from any other source.44       (3) The department shall use moneys in the Connect Oregon Fund to provide grants for trans-45   portation projects as provided in ORS 367.080 to 367.086. Grants may be provided only for projects                                                [97]                                             A-Eng. HB 2017 1   that involve one or more of the following modes of transportation: 2       (a) Air; 3       (b) Marine; 4       (c) Rail; and 5       [(d) Public transit; and] 6       [(e)] (d) Bicycle and pedestrian. 7       SECTION 79. ORS 367.082 is amended to read: 8       367.082. (1) Except as provided in subsection (2) of this section, the Department of Transporta- 9   tion may provide, from moneys in the Connect Oregon Fund established [by] under ORS 367.080,10   grants for transportation projects to public bodies, as defined in ORS 174.109, and to private entities.11       (2) Grants may not be made from the Connect Oregon Fund for transportation projects that12   could constitutionally be funded by revenues described in [section 3a,] Article IX, section 3a, of the13   Oregon Constitution.14       (3) The Department of Transportation shall adopt rules specifying the process by which a public15   body or private entity may apply for a grant under this section and prescribing the terms and con-16   ditions of grants[, including but not necessarily limited to a requirement that the public body or private17   entity receiving the grant provide at least 30 percent of the moneys required for the transportation18   project]. An applicant receiving a grant must provide the following amounts:19       (a) For public bodies and private entities, other than Class I railroads, 30 percent of the20   moneys required for the transportation project.21       (b) For Class I railroads, 50 percent of the moneys required for the transportation22   project.23       SECTION 80. ORS 367.084 is amended to read:24       367.084. (1) The Oregon Transportation Commission shall select transportation projects to be25   funded with moneys in the Connect Oregon Fund established [by] under ORS 367.080.26       (2)(a) Prior to selecting transportation projects, the commission shall seek input from27   the applicable area commission on transportation.28       [(2)(a)] (b) Prior to selecting aeronautic and airport transportation projects, the commission29   shall solicit recommendations from the State Aviation Board.30       [(b)] (c) Prior to selecting freight transportation projects, the commission shall solicit recom-31   mendations from the Freight Advisory Committee.32       [(c)] (d) Prior to selecting [public transit and] rail projects, the commission shall solicit recom-33   mendations from [its public transit and] the rail advisory [committees] committee.34       [(d)] (e) Prior to selecting marine projects, the commission shall solicit recommendations from35   the Oregon Business Development Department.36       [(e)] (f) Prior to selecting bicycle and pedestrian projects, the commission shall solicit recom-37   mendations from the advisory committee created by ORS 366.112.38       (3) The commission shall divide the Connect Oregon program into two parts to be known39   as Connect Oregon Part One and Connect Oregon Part Two.40       (4) Connect Oregon Part One consists of transportation projects that involve one or more41   of the following modes of transportation:42       (a) Air;43       (b) Marine;44       (c) Rail; and45       (d) Bicycle and pedestrian.                                                  [98]                                          A-Eng. HB 2017 1       (5) Connect Oregon Part Two consists of transportation projects that: 2       (a) Are transportation projects of statewide significance; and 3       (b) Enhance or maintain one or more of the following modes of transportation: 4       (A) Air; 5       (B) Marine; 6       (C) Class I railroads; 7       (D) Class II railroads; or 8       (E) Class III railroads. 9       [(3)] (6) In selecting transportation projects within Connect Oregon Part One, the commission10   shall consider:11       (a) Whether a proposed transportation project reduces transportation costs for Oregon busi-12   nesses or improves access to jobs and sources of labor;13       (b) Whether a proposed transportation project results in an economic benefit to this state;14       (c) Whether a proposed transportation project is a critical link connecting elements of Oregon’s15   transportation system that will measurably improve utilization and efficiency of the system;16       (d) How much of the cost of a proposed transportation project can be borne by the applicant for17   the grant from any source other than the Connect Oregon Fund;18       (e) Whether a proposed transportation project is ready for construction; [and]19       (f) Whether a proposed transportation project has a useful life expectancy that offers maximum20   benefit to the state[.]; and21       (g) Whether a proposed transportation project is located near operations conducted for22   mining aggregate or processing aggregate as described in ORS 215.213 (2)(d) or 215.283 (2)(b).23       (7) The commission may award grants only for bicycle and pedestrian transportation24   projects that expand and improve commuter routes for nonmotorized vehicles and pedestri-25   ans, including bicycle trails, footpaths and multiuse trails.26       (8) In selecting marine enhancement transportation projects within Connect Oregon Part27   Two, the commission shall consider whether a proposed transportation project:28       (a) Is located in a deepwater port;29       (b) Is located in a port with commercial activities where freight is transferred between30   water and another mode of freight transport;31       (c) Improves efficiency of port operations or transportation system;32       (d) Improves accessibility, connections, safety or mobility between a port and another33   modes of transportation;34       (e) Has a significant economic benefit to this state including but not limited to adding35   jobs, retaining a high number of existing jobs or supporting business expansion at a port fa-36   cility; and37       (f) Leverages private funding.38       (9) In selecting marine maintenance transportation projects within Connect Oregon Part39   Two, the commission shall consider whether a proposed transportation project:40       (a) Maintains or improves channel depth or width;41       (b) Preserves high-use or high-volume dock or pier infrastructure;42       (c) Maintains connections to a port facility, including railroads or highways; and43       (d) Preserves critical equipment necessary to maintain port functionality including but44   not limited to cranes, lifts, hoists and moorings.45       (10) In selecting Class II or III railroad enhancement transportation projects within                                               [99]                                         A-Eng. HB 2017 1   Connect Oregon Part Two, the commission shall consider whether a proposed transportation 2   project: 3       (a) Allows a Class II or III railroad to transport a substantial volume or value of freight 4   in relation to other Class II or III railroads; 5       (b) Connects a Class II or III railroad to a deepwater port; 6       (c) Improves efficiency of the line; 7       (d) Improves capacity of the line; 8       (e) Connects to new or expanding businesses requiring rail service; and 9       (f) Improves connectivity with Class I railroads.10       (11) In selecting Class II or III railroad maintenance transportation projects within11   Connect Oregon Part Two, the commission shall consider whether a proposed transportation12   project:13       (a) Maintains or increases functionality of the railroad;14       (b) Maintains or improves a critical bridge, tunnel or other structure necessary to15   maintain rail service;16       (c) Provides jobs to economically disadvantaged areas, as determined by the Oregon17   Business Development Department by rule;18       (d) Helps protect critical rail infrastructure from seismic vulnerability;19       (e) Improves railroads that serve industries that are important to this state;20       (f) Increases the volume or value of freight; and21       (g) Improves connections to highways or intermodal terminals.22       (12) In selecting Class I railroad enhancement transportation projects within Connect23   Oregon Part Two, the commission shall consider whether a proposed transportation project:24       (a) Eliminates or improves an identified rail congestion point;25       (b) Improves the capacity or efficiency of the rail system;26       (c) Has a strong benefit to Oregon’s economy;27       (d) Improves operations and efficiency of shared rail passenger service providers;28       (e) Improves accessibility to ports or other intermodal terminals; and29       (f) Improves the safety or reliability of the rail system.30       (13) In selecting Class I railroad maintenance transportation projects within Connect31   Oregon Part Two, the commission shall consider whether a proposed transportation project:32       (a) Connects to Class II or III railroads, ports, intermodal terminals or highways; and33       (b) Improves seismically vulnerable portions of the railroad or bridges.34       (14) To receive a grant under Connect Oregon Part Two a proposed aviation transporta-35   tion project must benefit a category I, II, III or IV airport, as defined by the Oregon De-36   partment of Aviation by rule and the airport must be eligible for federal matching funds. In37   addition the commission shall consider whether a proposed transportation project:38       (a) Facilitates rescue or recovery efforts following a seismic event;39       (b) Serves joint military and civilian operations; or40       (c) Facilitates expanded commercial service, excluding the acquisition or operation of41   aircraft.42       [(4)] (15) To promote fairness in the selection process, the Director of Transportation may not43   choose a member of a final review committee:44       (a) Who represents an entity that submitted an application for a Connect Oregon Fund grant45   that is being considered for funding by a final review committee; or                                                [100]                                            A-Eng. HB 2017 1       (b) Has a direct financial interest in an application that is being considered for funding by a 2   final review committee. 3       SECTION 80a. Section 7, chapter 700, Oregon Laws 2015, is amended to read: 4       Sec. 7. (1) The following amounts shall be distributed in the manner prescribed in this section: 5       (a) Any amount of tax on aircraft fuel usable in aircraft operated by turbine engines that is 6   computed on a basis in excess of one cent per gallon and any amount of tax on all other aircraft fuel 7   that is computed on a basis in excess of nine cents per gallon, under ORS 319.020 (2); and 8       (b) Any amount of tax on aircraft fuel usable in aircraft operated by turbine engines in excess 9   of one cent per gallon and any amount of tax on all other aircraft fuel in excess of nine cents per10   gallon, that is deducted before the refunding of tax under ORS 319.330 (1).11       (2) Applications for distributions under this section may not be approved unless the applicant12   demonstrates a commitment to contribute at least five percent of the costs of the project to which13   the application relates. The Oregon Department of Aviation shall adopt rules for purposes of this14   subsection.15       (3)(a) The State Aviation Board shall establish a review committee composed of one member16   from each of the area commissions on transportation chartered by the Oregon Transportation Com-17   mission.18       (b) The review committee shall meet as necessary to review applications for distributions of19   amounts pursuant to this section. The criteria specified in ORS 367.084 [(3)] (6) apply to the review20   process of the review committee.21       (c) The review committee shall recommend applications to the State Aviation Board, which shall22   select applications with the following priority:23       (A) First, to applications filed pursuant to subsection (5)(a)(A) of this section;24       (B) Second, to applications filed with respect to safety and infrastructure development; and25       (C) Third, to applications filed with respect to aviation-related economic benefits related to air-26   ports.27       (4)(a) Five percent of the amounts described in subsection (1) of this section are appropriated28   to the Oregon Department of Aviation for the costs of the department and the State Aviation Board29   in administering this section.30       (b) The remaining 95 percent of the amounts described in subsection (1) of this section shall be31   distributed pursuant to subsections (5) to (7) of this section.32       (5)(a) Fifty percent of the amounts described in subsection (4)(b) of this section shall be distrib-33   uted for the following purposes:34       (A) To assist airports in Oregon with match requirements for Federal Aviation Administration35   Airport Improvement Program grants.36       (B) To make grants for emergency preparedness and infrastructure projects, in accordance with37   the Oregon Resilience Plan, including grants for emergency management plan development, seismic38   studies and emergency generators and similar equipment.39       (C) To make grants for:40       (i) Services critical or essential to aviation, including, but not limited to, fuel, sewer, water and41   weather equipment.42       (ii) Aviation-related business development, including, but not limited to, hangars, parking for43   business aircraft and related facilities.44       (iii) Airport development for local economic benefit, including, but not limited to, signs and45   marketing.                                                 [101]                                             A-Eng. HB 2017 1       (b) Priority in distributing grants shall be given to projects for which applicants demonstrate a 2   commitment to contribute the greatest amounts toward the costs of the projects to which the ap- 3   plications relate. 4       (6) Twenty-five percent of the amounts described in subsection (4)(b) of this section shall be 5   distributed for the purpose of assisting commercial air service to rural Oregon. 6       (7) Twenty-five percent of the amounts described in subsection (4)(b) of this section shall be 7   distributed to state-owned airports for the purposes of: 8       (a) Safety improvements recommended by the State Aviation Board and local community air- 9   ports.10       (b) Infrastructure projects at public use airports.11       (8)(a) The State Aviation Board shall submit reports, in the manner provided in ORS 192.245 and12   paragraph (b) of this subsection, that describe in detail the projects for which applications have been13   submitted and approved, the airports affected, the names of the applicants and the persons who will14   perform the work proposed in the applications, the progress of projects for which applications have15   been approved and any other information the board considers necessary for a comprehensive anal-16   ysis of the implementation of this section.17       (b) The reports described in paragraph (a) of this subsection shall be submitted:18       (A) Not later than February 10 of each year to the committees of the Legislative Assembly re-19   lated to air transportation; and20       (B) Not later than September 30 of each year to the interim committees of the Legislative As-21   sembly related to air transportation.22       SECTION 81. ORS 367.086 is amended to read:23       367.086. (1) The Department of Transportation, in cooperation with the Oregon Department of24   Aviation, shall administer aeronautic and airport transportation projects selected under ORS 367.08425   for funding with moneys in the Connect Oregon Fund. The Oregon Department of Aviation may use26   moneys from the Connect Oregon Fund to pay administrative costs incurred by the Oregon Depart-27   ment of Aviation in carrying out the provisions of ORS 367.080 to 367.086.28       (2) Except as provided in subsection (1) of this section, the Department of Transportation shall29   administer all transportation projects that are selected under ORS 367.084. [The Department of30   Transportation may use moneys from the Connect Oregon Fund to pay administrative costs incurred31   by the Department of Transportation in carrying out the provisions of ORS 367.080 to 367.086.]32       SECTION 82. Sections 83 to 85 of this 2017 Act are added to and made a part of ORS33   367.080 to 367.086.34       SECTION 83. (1) If there is $75 million or more in the Connect Oregon Fund on July 135   of an odd-numbered year, the amounts available under ORS 367.080 shall be distributed for36   transportation projects within the Connect Oregon program as follows:37       (a) For projects within Connect Oregon Part One:38       (A) Forty-seven percent for transportation projects that involve one or more of the fol-39   lowing modes of transportation:40       (i) Aviation;41       (ii) Marine; or42       (iii) Rail.43       (B) Seven percent for bicycle and pedestrian transportation projects.44       (C) One percent is appropriated to the Department of Transportation to pay administra-45   tive costs incurred by the department in carrying out the provisions of ORS 367.080 to                                                   [102]                                         A-Eng. HB 2017 1   367.086. 2       (b) For transportation projects within Connect Oregon Part Two, forty-five percent. 3       (2) If there is less than $75 million in the Connect Oregon Fund on July 1 of an odd- 4   numbered year, the amounts available under ORS 367.080 shall be distributed for transpor- 5   tation projects within the Connect Oregon program as follows for projects within Connect 6   Oregon Part One: 7       (a) Ninety-two percent for transportation projects that involve one or more of the fol- 8   lowing modes of transportation: 9       (A) Aviation;10       (B) Marine; or11       (C) Rail.12       (b) Seven percent for bicycle and pedestrian transportation projects.13       (c) One percent is appropriated to the Department of Transportation to pay administra-14   tive costs incurred by the department in carrying out the provisions of ORS 367.080 to15   367.086.16       (3) To the extent that proposed transportation projects meet the qualifications estab-17   lished by the Oregon Transportation Commission by rule, the commission shall allocate at18   least 10 percent of the amount described in subsection (1) or (2) of this section to each of the19   five regions described in ORS 366.805.20       SECTION 84. (1) When the Department of Transportation provides a grant under ORS21   367.080 to 367.086 for a bicycle and pedestrian transportation project that is consistent with22   any restrictions under Article XV, section 4 or 4a, of the Oregon Constitution, the depart-23   ment may request reimbursement from the State Parks and Recreation Department in an24   amount not to exceed $4 million each biennium.25       (2) If the State Parks and Recreation Department determines that the grant for the bi-26   cycle and pedestrian transportation project is consistent with any restrictions of Article XV,27   section 4 or 4a, of the Oregon Constitution, the State Parks and Recreation Department shall28   reimburse the Department of Transportation from the Parks Subaccount established under29   ORS 390.135 within five days after receiving the request for reimbursement.30       SECTION 85. (1) The Oregon Transportation Commission shall pursue methods to31   streamline the process for submitting applications under ORS 367.080 to 367.086.32       (2) The Oregon Transportation Commission shall report to the Joint Committee on33   Transportation established under section 26 of this 2017 Act no later than September 15, 2017,34   on the implementation of this section.3536                                              (Dredging)3738       SECTION 86. ORS 319.415 is amended to read:39       319.415. (1) On or before July 15 of each year, the Oregon Department of Administrative Ser-40   vices, after consultation with the Department of Transportation and the State Marine Board, shall41   determine the amount of the motor vehicle fuel tax imposed under ORS 319.010 to 319.430 during the42   preceding fiscal year with respect to fuel purchased and used to operate or propel motor boats. The43   amount determined shall be reduced by the amount of any refunds for motor boats used for com-44   mercial purposes actually paid during the preceding year on account of ORS 319.280 (1)(a).45       (2)(a) The Oregon Department of Administrative Services shall estimate the amount of fuel de-                                              [103]                                             A-Eng. HB 2017 1   scribed in subsection (1) of this section that is used to operate or propel motor boats by conducting 2   a statistically valid, unbiased, independent survey of boat owners. The survey shall be conducted 3   once every four years and shall be designed to estimate the average daily fuel consumption by motor 4   boats and the total days of motor boat use per year. The survey shall be used to determine the 5   amount of the transfer required by subsection (3) of this section for the first transfer that occurs 6   after the survey is completed. If the tax rate changes during the fiscal year, the amount of tax to 7   be transferred shall be prorated based on the percentage of total motor boat use taking place during 8   each tax period. 9       (b) In years when no survey is conducted, the amount to be transferred under subsection (3) of10   this section shall be calculated by multiplying the per boat fuel consumption factors from the pre-11   ceding survey by the number of motor boats as shown by the annual actual count of boat registra-12   tions. The resulting amount, in gallons per year, shall be the basis for the determination of the13   amount to be transferred.14       (c) The survey required by paragraph (a) of this subsection shall be developed by a research15   department within Oregon State University, in consultation with the State Marine Board and the16   Department of Transportation. The Oregon Department of Administrative Services shall contract for17   the development and conduct of the survey, and the costs shall be paid by the Department of18   Transportation. Costs paid by the Department of Transportation may be deducted from the amount19   transferred to the State Marine Board and to the Oregon Business Development Department20   under subsection (3) of this section.21       (3) The Oregon Department of Administrative Services shall certify the amount of the estimate22   made under subsection (1) of this section, as reduced by refunds, to the Department of Transporta-23   tion, to the State Marine Board, to the Oregon Business Development Department and to the24   State Treasurer. Thereupon, that amount shall be transferred from the Department of Transportation25   Driver and Motor Vehicle Suspense Account to the:26       (a) Boating Safety, Law Enforcement and Facility Account created under ORS 830.140, and is27   continuously appropriated to the State Marine Board for the purposes for which the moneys in the28   Boating Safety, Law Enforcement and Facility Account are appropriated[.]; and29       (b) Marine Navigation Improvement Fund established under ORS 777.267, and is contin-30   uously appropriated to the Oregon Business Development Department for the Oregon31   Infrastructure Finance Authority for the purposes of paying for portions of the cost of32   maintenance dredging projects undertaken with equipment owned by the State of Oregon at33   publicly owned ports and marinas.34       (4) Of the amounts transferred under subsection (3) of this section, two cents per gallon35   of fuel shall first be transferred to the Marine Navigation Improvement Fund and the re-36   maining amounts shall be transferred to the Boating Safety, Law Enforcement and Facility37   Account.38       SECTION 87. ORS 777.267 is amended to read:39       777.267. (1) The Marine Navigation Improvement Fund is established in the State Treasury,40   separate and distinct from the General Fund. Interest earned by the Marine Navigation Improve-41   ment Fund shall be credited to the fund. The moneys in the fund and interest earnings on the mon-42   eys in the fund are continuously appropriated to the Oregon Business Development Department for43   the Oregon Infrastructure Finance Authority for the purposes of:44       (a) Paying a portion of the construction costs of dredging activities that constitute new federally45   authorized navigation improvement projects and are carried out in the harbors and channels on the                                                 [104]                                           A-Eng. HB 2017 1   Oregon coast and along the Columbia River when federal law or regulation requires a portion of the 2   costs to be paid by nonfederal interests; 3       (b) Paying the study and construction costs of other new navigation improvement projects that 4   directly support, or provide access to, a federally authorized navigation improvement project; [and] 5       (c) Paying the study and construction costs of maintenance projects related to existing federally 6   authorized navigation improvement projects[.]; and 7       (d) Paying for portions of the cost of maintenance dredging projects undertaken with 8   equipment owned by the State of Oregon at publicly owned ports and marinas. 9       (2) The Marine Navigation Improvement Fund established by this section consists of:10       (a) Moneys appropriated or otherwise deposited into [to] the fund by the Legislative11   Assembly[,];12       (b) Repayment of loans made with moneys in the fund; and13       (c) Bond proceeds deposited in the fund.14       (3) Moneys in the fund shall be used primarily to make loans to ports for eligible projects. The15   authority may award a grant or provide other assistance from moneys in the fund to a port for an16   eligible project only if a loan is not feasible due to the financial hardship of the port or other special17   circumstances, as set forth in rules adopted by the department.18       (4) Eligibility for assistance from the Marine Navigation Improvement Fund shall be limited to19   and funded, subject to the availability of funds, in the following order of priority:20       (a) Maintenance projects related to existing federally authorized navigation improvement21   projects.22       (b) Other new navigation improvement projects that directly support, or provide access to, a23   federally authorized navigation improvement project or a federally authorized navigation channel.24       (c) New federally authorized navigation improvement projects.25       (d) Payment of portions of the cost of maintenance dredging projects undertaken with26   equipment owned by the State of Oregon at publicly owned ports and marinas.27       (5) The authority shall limit financial assistance for construction costs under subsection (1)(a)28   of this section to those projects that have completed all federally required studies.29       (6) The authority shall limit financial assistance for construction costs under subsection (1)(b)30   of this section to projects sponsored by a port, as defined in ORS 777.005 or 778.005, that meet cri-31   teria developed by the authority.32       (7) The authority shall limit financial assistance for study costs under subsection (1)(b) of this33   section to projects that meet criteria developed by the authority.34       (8) The authority shall limit financial assistance for study and construction costs under sub-35   section (1)(c) of this section to projects that meet criteria developed by the authority.36       SECTION 88. ORS 802.110 is amended to read:37       802.110. Any procedures the Department of Transportation establishes for financial adminis-38   tration of those functions of the department dealing with driver and motor vehicle services and for39   the disposition and payment of moneys it receives from the provision of driver and motor vehicle40   services shall comply with all of the following:41       (1) The department shall deposit all moneys it receives related to driver and motor vehicle ser-42   vices in the Department of Transportation Driver and Motor Vehicle Suspense Account for approved43   expenses and disbursals before payment of general administrative expenses of the department related44   to the provision of driver and motor vehicle services. Notwithstanding this subsection, the depart-45   ment may return a bank check or money order when received in incorrect or incomplete form or                                                 [105]                                         A-Eng. HB 2017 1   when not accompanied by the proper application. 2       (2) The department shall pay the following approved expenses and disbursals from the Depart- 3   ment of Transportation Driver and Motor Vehicle Suspense Account before payment of the general 4   administrative expenses of the department related to driver and motor vehicle services: 5       (a) Refunds authorized by any statute administered by the department when such refunds are 6   approved by the department. 7       (b) Amounts transferred to the State Treasurer under ORS 319.410 (2) for the purpose of carry- 8   ing out the state aviation laws, amounts transferred to the Boating Safety, Law Enforcement and 9   Facility Account and to the Marine Navigation Improvement Fund by ORS 319.415, amounts10   transferred to the State Aviation Account by ORS 319.417 and amounts transferred to the Depart-11   ment of Transportation Operating Fund by ORS 184.643.12       (c) After deduction of expenses of collection, transfer and administration, the department shall13   pay moneys collected from the Student Driver Training Fund eligibility fee under ORS 807.040,14   807.150 and 807.370 to the State Treasurer for deposit in the Student Driver Training Fund. The15   moneys deposited in the Student Driver Training Fund under this paragraph are continuously ap-16   propriated to the department for the following purposes:17       (A) To the extent of not more than 10 percent of the amount transferred into the Student Driver18   Training Fund in any biennium, to pay the expenses of administering ORS 336.795, 336.800, 336.805,19   336.810 (2) and 336.815.20       (B) The remaining moneys, for reimbursing school districts and commercial driver training21   schools as provided under ORS 336.805.22       (d) After deduction of expenses of collection, transfer and administration, the department shall23   pay moneys collected for the Motorcycle Safety Subaccount under ORS 807.170 to the State Treas-24   urer for deposit in the Motorcycle Safety Subaccount of the Transportation Safety Account. Moneys25   paid to the State Treasurer under this paragraph shall be used for the purpose of ORS 802.320.26       (e) After deduction of expenses for the administration of the issuance of customized registration27   plates under ORS 805.240, the department shall place moneys received from the sale of customized28   registration plates in the Passenger Rail Transportation Account. The moneys placed in the account29   are continuously appropriated to the department and shall be used for the payment of expenses in-30   curred in administering passenger rail programs.31       (f) After deduction of expenses of collection, transfer and administration, the department shall32   pay moneys from any registration fees established by the governing bodies of counties or a district,33   as defined in ORS 801.237, under ORS 801.041 or 801.042 to the appropriate counties or districts.34   The department shall make the payments on at least a monthly basis unless another basis is estab-35   lished by the intergovernmental agreements required by ORS 801.041 and 801.042 between the de-36   partment and the governing bodies of a county or a district.37       (g) After deducting the expenses of the department in collecting and transferring the moneys,38   the department shall make disbursals and payments of moneys collected for or dedicated to any39   other purpose or fund except the State Highway Fund, including but not limited to, payments to the40   Department of Transportation Operating Fund established by ORS 184.642 (1) and (2).41       (3) The department shall refund from the Department of Transportation Driver and Motor Ve-42   hicle Suspense Account any excess or erroneous payment to a person who made the payment or to43   the person’s legal representative when the department determines that money has been received by44   it in excess of the amount legally due and payable or that it has received money in which it has45   no legal interest. Refunds payable under this subsection are continuously appropriated for such                                               [106]                                          A-Eng. HB 2017 1   purposes in the manner for payment of refunds under this section. If the department determines that 2   a refund is due, the department may refund the amount of excess or erroneous payment without a 3   claim being filed. Except as provided in ORS 319.290, 319.375, 319.820 and 319.831, any claim for a 4   refund from the department must be filed within 12 months after the date payment is received by 5   the department. 6       (4) After payment of those expenses and disbursals approved for payment before general admin- 7   istrative expenses related to the provision of driver and motor vehicle services, the department shall 8   pay from the Department of Transportation Driver and Motor Vehicle Services Administrative Ac- 9   count its general administrative expenses incurred in the administration of any law related to driver10   and motor vehicle services that the department is charged with administering and any other ex-11   penses the department is permitted by law to pay from moneys held by the department before12   transfer of the moneys to the State Highway Fund. The following limitations apply to payments of13   administrative expenses under this subsection:14       (a) The department shall make payment of the expenses of administering the issuance of winter15   recreation parking permits under ORS 811.595 from those moneys received from issuing the permits.16       (b) The department shall pay its expenses for administering the registration and titling of17   snowmobiles under ORS 821.060 and 821.100 from the fees collected from administering those18   sections. The department shall also pay its expenses for the administration of the snowmobile driver19   permit program under ORS 821.160 from the moneys otherwise described in this paragraph.20       (c) The department shall pay its expenses for determining the amount of money to be withheld21   under ORS 802.120 from the fees collected for administering the registration and titling of22   snowmobiles. The amount used to pay expenses under this paragraph shall be such sum as necessary23   but may not exceed $10,000 during each biennium.24       (d) The department shall retain not more than $15,000 in any biennium for the expenses of col-25   lecting and transferring moneys to the Student Driver Training Fund under this section and for the26   administration of ORS 336.810 (3).27       (5) Except as otherwise provided in this subsection, the department shall transfer to the State28   Highway Fund the moneys not used for payment of the general administrative expenses or for ap-29   proved expenses and disbursals before payment of general administrative expenses. The following30   apply to this subsection:31       (a) If the Director of Transportation certifies the amount of principal or interest of highway32   bonds due on any particular date, the department may make available for the payment of such in-33   terest or principal any sums that may be necessary to the extent of moneys on hand available for34   the State Highway Fund regardless of the dates otherwise specified under this section.35       (b) Notwithstanding paragraph (a) of this subsection, the department may not make available for36   purposes described in paragraph (a) of this subsection any moneys described in ORS 367.605 when37   there are not sufficient amounts of such moneys in the State Highway Fund for purposes of bonds38   issued under ORS 367.615.39       (6) Notwithstanding any other provision of this section, the following moneys shall be trans-40   ferred to the State Highway Fund at the times described:41       (a) Moneys received under ORS 802.120 and not used for the payment of administrative expenses42   of the department shall be transferred before July 31 of each year.43       (b) Moneys received from the registration of snowmobiles that are not to be used for payment44   of administrative expenses of the department shall be transferred within 30 days after the end of the45   quarter.                                                [107]                                          A-Eng. HB 2017 1       (c) Moneys received from the issuance of winter recreation parking permits that are not used 2   for payment of administrative expenses of the department shall be transferred within 30 days after 3   the end of the quarter. 4       (7) The following moneys transferred to the State Highway Fund under this section may be used 5   only for the purposes described as follows: 6       (a) Moneys collected from the issuance of winter recreation parking permits, and the interest 7   on such moneys, shall be used to enforce the requirement for winter recreation parking permits and 8   to remove snow from winter recreation parking locations designated under ORS 810.170. Any re- 9   maining moneys shall, upon approval by the Winter Recreation Advisory Committee:10       (A) Be used to maintain parking locations developed with moneys obtained under ORS 810.17011   and snowmobile facilities that are parking lots developed with moneys as provided under this sec-12   tion;13       (B) Be used to develop additional winter recreation parking locations under ORS 810.170; or14       (C) Be carried over to be used in subsequent years for the purposes and in the manner described15   in this paragraph.16       (b) Moneys received from the registration of snowmobiles or under ORS 802.120 may be used for17   development and maintenance of multiuse trails within urban growth boundaries [described in ORS18   367.017] or for the development and maintenance of snowmobile facilities, including the acquisition19   of land therefor by any means other than the exercise of eminent domain. Moneys received under20   ORS 802.120 may also be used for the enforcement of ORS 811.590, 821.100 to 821.120, 821.140,21   821.150, 821.190, 821.210 and 821.240 to 821.290.22       (8) The department shall maintain the Revolving Account for Emergency Cash Advances sepa-23   rate from other moneys described in this section. From the account, the department may pay for the24   taking up of dishonored remittances returned by banks or the State Treasurer and for emergency25   cash advances to be subsequently reimbursed. The account shall be used only as a revolving fund.26   The department shall at all times be accountable for the amount of the account, either in cash or27   unreimbursed items and advances. The moneys in the account are continuously appropriated for the28   purposes of this subsection. The amount of moneys in the account under this subsection may not29   exceed $40,000 from moneys received by the department in the performance of its driver and motor30   vehicle services functions and moneys otherwise appropriated for purposes of this subsection. The31   account under this subsection shall be kept on deposit with the State Treasurer. The State Treas-32   urer is authorized to honor and pay all properly signed and indorsed checks or warrants drawn33   against the account.3435                          REVENUE FOR TRAFFIC CONGESTION RELIEF,36                             FREIGHT MOBILITY AND CONNECT OREGON3738       SECTION 89. Definitions for sections 89 to 111. As used in sections 89 to 111 of this 201739   Act:40       (1)(a) “Bicycle” means a vehicle that is designed to be operated on the ground on wheels41   and is propelled exclusively by human power.42       (b) “Bicycle” does not include durable medical equipment.43       (2) “New motor vehicle” has the meaning given that term in ORS 803.350 (8)(c).44       (3) “Retail sales price” means the total price paid at retail for a taxable vehicle, exclusive45   of the amount of any excise, privilege or use tax, to a seller by a purchaser of the taxable                                                [108]                                          A-Eng. HB 2017 1   vehicle. 2       (4) “Seller” means: 3       (a) With respect to the privilege tax imposed under section 90 of this 2017 Act and the 4   use tax imposed under section 91 of this 2017 Act, a vehicle dealer. 5       (b) With respect to the excise tax imposed under section 92 of this 2017 Act, a person 6   engaged in whole or in part in the business of selling bicycles. 7       (5) “Taxable bicycle” means a new bicycle that has wheels of at least 26 inches in diam- 8   eter and a retail sales price of $200 or more. 9       (6) “Taxable motor vehicle” means a new motor vehicle with a gross vehicle weight rating10   of 26,000 pounds or less that is:11       (a) A vehicle as defined in ORS 744.850, other than an all-terrain vehicle;12       (b) A bus trailer as defined in ORS 801.165;13       (c) A camper as defined in ORS 801.180;14       (d) A commercial bus as defined in ORS 801.200;15       (e) A commercial motor vehicle as defined in ORS 801.208;16       (f) A commercial vehicle as defined in ORS 801.210;17       (g) An electric assisted bicycle as defined in ORS 801.258;18       (h) A fixed load vehicle as defined in ORS 801.285;19       (i) A moped as defined in ORS 801.345;20       (j) A motor assisted scooter as defined in ORS 801.348;21       (k) A motor home as defined in ORS 801.350;22       (L) A motor truck as defined in ORS 801.355;23       (m) A tank vehicle as defined in ORS 801.522;24       (n) A truck tractor as defined in ORS 801.575;25       (o) A truck trailer as defined in ORS 801.580; or26       (p) A worker transport bus as defined in ORS 801.610.27       (7) “Taxable vehicle” means a taxable bicycle or a taxable motor vehicle.28       (8) “Transportation project taxes” means the privilege tax imposed under section 90 of29   this 2017 Act, the use tax imposed under section 91 of this 2017 Act and the excise tax im-30   posed under section 92 of this 2017 Act.31       (9)(a) “Vehicle dealer” means:32       (A) A person engaged in business in this state that has been issued a vehicle dealer cer-33   tificate under ORS 822.020; and34       (B) A person engaged in business in another state that would be subject to ORS 822.00535   if the person engaged in business in this state.36       (b) Notwithstanding paragraph (a) of this subsection, a person is not a vehicle dealer for37   purposes of sections 89 to 111 of this 2017 Act to the extent the person:38       (A) Conducts an event that lasts less than seven consecutive days, for which the public39   is charged admission and at which otherwise taxable motor vehicles are sold at auction; or40       (B) Sells an otherwise taxable motor vehicle at auction at an event described in this41   paragraph.42       SECTION 90. Imposition of tax for privilege of engaging in the business of selling taxable43   motor vehicles at retail; vehicle dealer allowed to collect amount of privilege tax from pur-44   chaser of taxable motor vehicle. (1) A tax is imposed on each vehicle dealer for the privilege45   of engaging in the business of selling taxable motor vehicles at retail in this state.                                              [109]                                              A-Eng. HB 2017 1         (2) The privilege tax shall be computed at the rate of 0.5 percent of the retail sales price 2   of the taxable motor vehicle. The tax may be rounded to the nearest whole cent. 3         (3)(a) A vehicle dealer may collect the amount of the privilege tax computed on the retail 4   sales price of a taxable motor vehicle from the purchaser of the taxable motor vehicle. 5         (b) Notwithstanding paragraph (a) of this subsection, the purchaser of a taxable motor 6   vehicle from whom the privilege tax is collected is not considered a taxpayer for purposes 7   of the privilege tax imposed under this section. 8         SECTION 90a. ORS 822.043 is amended to read: 9         822.043. (1) As used in this section:10         (a) “Integrator” has the meaning given that term in ORS 802.600.11         (b) “Vehicle dealer” means a person issued a vehicle dealer certificate under ORS 822.020.12         (2) A vehicle dealer may elect to prepare, submit, or prepare and submit documents necessary13   to:14         (a) Issue or transfer a certificate of title for a vehicle;15         (b) Register a vehicle or transfer registration of a vehicle;16         (c) Issue a registration plate;17         (d) Verify and clear a title;18         (e) Perfect, release or satisfy a lien or other security interest;19         (f) Comply with federal security requirements; or20         (g) Render any other services for the purpose of complying with state and federal laws related21   to the sale of a vehicle.22         (3) A vehicle dealer who prepares any documents described in subsection (2) of this section:23         (a) May charge a purchaser of a vehicle a document processing fee for the preparation of those24   documents.25         (b) May not charge a purchaser of a vehicle a document processing fee for the submission of26   any document or the issuance of a registration plate.27         (c) May charge a purchaser of a vehicle a document processing fee for performing any of the28   services described in subsection (2) of this section in connection with preparing the documents de-29   scribed in subsection (2) of this section.30         (4) A purchaser of a vehicle may negotiate the amount of the document processing fee with a31   vehicle dealer, but in no case shall the document processing fee charged by a vehicle dealer under32   this section exceed:33         (a) $150, if the vehicle dealer uses an integrator; or34         (b) $115, if the vehicle dealer does not use an integrator.35         (5) If a vehicle dealer charges a document processing fee under subsection (4)(a) of this section,36   of the amount collected $25 shall be paid to the integrator.37         (6) Unless otherwise provided by rule, if a vehicle dealer uses an integrator and charges a doc-38   ument processing fee greater than that charged for not using an integrator, the dealer must inform39   the purchaser of the vehicle of the option of using an integrator to prepare the documents. The40   purchaser may then elect whether or not to have the vehicle dealer use an integrator to prepare the41   documents.42         (7) If the purchaser of a vehicle pays a document processing fee, the vehicle dealer shall prepare43   and submit all documents to complete the transaction as permitted by law.44         (8)(a) A vehicle dealer who collects the privilege tax imposed under section 90 of this 201745   Act from the purchaser of a taxable motor vehicle may collect the privilege tax at the same                                                    [110]                                          A-Eng. HB 2017 1   time and in the same manner as the vehicle dealer collects document processing fees under 2   this section. The amount of the privilege tax shall be in addition to and not in lieu of docu- 3   ment processing fees collected under this section. 4         (b) A vehicle dealer may exclude the amount of the privilege tax from the capitalized cost 5   and offering price of a taxable motor vehicle as those terms are defined by the Department 6   of Justice by rule. 7         SECTION 91. Imposition of use tax on taxable motor vehicles purchased at retail. (1) A 8   use tax is imposed on the storage, use or other consumption in this state of taxable motor 9   vehicles purchased at retail from any seller.10         (2) The use tax shall be computed at the rate of 0.5 percent of the retail sales price of11   the taxable motor vehicle.12         (3) The use tax is a liability of the purchaser of the taxable motor vehicle.13         (4) The use tax shall be reduced, but not below zero, by the amount of any privilege, ex-14   cise, sales or use tax imposed by any jurisdiction on the sale, or on the storage, use or other15   consumption, of the taxable motor vehicle. The reduction under this subsection shall be16   made only upon a showing by the purchaser that a privilege, excise, sales or use tax has been17   paid.18         (5) The amount of the use tax shall be separately stated on an invoice, receipt or other19   similar document that the seller provides to the purchaser or shall be otherwise disclosed20   to the purchaser.21         (6) A purchaser’s liability for the use tax is satisfied by a valid receipt given to the pur-22   chaser under section 93 of this 2017 Act by the seller of the taxable motor vehicle.23         SECTION 92. Imposition of excise tax on retail sale of taxable bicycles. (1) An excise tax24   of $15 is imposed on each sale at retail in this state of a taxable bicycle.25         (2) The excise tax is a liability of the purchaser of the taxable bicycle.26         (3) The amount of the excise tax shall be separately stated on an invoice, receipt or other27   similar document that the seller provides to the purchaser or shall be otherwise disclosed28   to the purchaser.29         (4) A seller shall collect the excise tax at the time of the taxable sale.30         (5) A purchaser’s liability for the excise tax is satisfied by a valid receipt given to the31   purchaser by the seller of the taxable bicycle.32         SECTION 93. Collection of use tax. (1) A seller shall collect the use tax imposed under33   section 91 of this 2017 Act from a purchaser of a taxable motor vehicle and give the pur-34   chaser a receipt for the use tax in the manner and form prescribed by the Department of35   Revenue if:36         (a) The seller is:37         (A) Engaged in business in this state;38         (B) Required to collect the use tax; or39         (C) Authorized by the department, under rules the department adopts, to collect the use40   tax and, for purposes of the use tax, regarded as a seller engaged in business in this state;41   and42         (b) The seller makes sales of taxable motor vehicles for storage, use or other consump-43   tion in this state that are subject to the use tax.44         (2) A seller required to collect the use tax under this section shall collect the tax:45         (a) At the time of the taxable sale; or                                                [111]                                        A-Eng. HB 2017 1      (b) If the storage, use or other consumption of the taxable motor vehicle is not taxable 2   at the time of sale, at the time the storage, use or other consumption becomes taxable. 3      (3) To ensure the proper administration of section 91 of this 2017 Act, and to prevent 4   evasion of the use tax, the following presumptions are established: 5      (a) A taxable motor vehicle is stored, used or otherwise consumed in this state if it is 6   present in this state for private or public display or storage. 7      (b)(A) A taxable motor vehicle sold by any seller for delivery in this state was sold for 8   storage, use or other consumption in this state unless the contrary is proved. 9      (B) The burden of proving the contrary is on the seller unless the seller takes from the10   purchaser a resale certificate to the effect that the taxable motor vehicle was purchased for11   resale in the ordinary course of the purchaser’s business.12      (c)(A) A taxable motor vehicle delivered outside this state to a purchaser known by the13   seller to be a resident of this state was purchased from the seller for storage, use or other14   consumption in this state and stored, used or otherwise consumed in this state unless the15   contrary is proved.16      (B) The contrary may be proved by:17      (i) A statement in writing, signed by the purchaser or an authorized agent of the pur-18   chaser and retained by the seller, that the taxable motor vehicle was purchased for storage,19   use or other consumption exclusively at a designated point or points outside this state; or20      (ii) Other evidence satisfactory to the department that the taxable motor vehicle was not21   purchased for storage, use or other consumption in this state.22      SECTION 94. Exempt sales. (1) Notwithstanding section 90 of this 2017 Act, a seller is23   not liable for the privilege tax with respect to a taxable motor vehicle that is sold to:24      (a) A purchaser who is not a resident of this state; or25      (b) A business if the storage, use or other consumption of the taxable motor vehicle will26   occur primarily outside this state.27      (2) Notwithstanding section 90 of this 2017 Act, a seller is not liable for the privilege tax28   with respect to an otherwise taxable motor vehicle that is sold at an event that lasts less29   than seven consecutive days, for which the public is charged admission and at which other-30   wise taxable motor vehicles are sold at auction.31      (3) Notwithstanding sections 90 to 93 of this 2017 Act, a resale certificate taken from a32   purchaser ordinarily engaged in the business of selling taxable vehicles relieves the seller33   from the obligation to collect and remit transportation project taxes.     A resale certificate34   must be substantially in the form prescribed by the Department of Revenue by rule.35      SECTION 95. Refunds for excess payment. (1) If the amount of transportation project36   taxes paid by a seller or purchaser exceeds the amount of taxes due, the Department of Re-37   venue shall refund the amount of the excess.38      (2) Except as provided in subsection (3) of this section, the period prescribed for the de-39   partment to allow or make a refund of any overpayment of transportation project taxes paid40   shall be as provided in ORS 314.415.41      (3) The department shall apply any overpayment of tax first to any amount of transpor-42   tation project taxes that is then outstanding.43      SECTION 96. Deposit of revenue from privilege and use taxes on taxable motor vehicles.44   (1) The Department of Revenue shall deposit all revenue collected from the privilege tax45   imposed under section 90 of this 2017 Act and the use tax imposed under section 91 of this                                             [112]                                            A-Eng. HB 2017 1   2017 Act in a suspense account established under ORS 293.445 for the purpose of receiving 2   the revenue. The department may pay expenses for the administration and enforcement of 3   the privilege and use taxes out of moneys received from the privilege and use taxes. Amounts 4   necessary to pay administrative and enforcement expenses are continuously appropriated to 5   the department from the suspense account. 6       (2) After payment of administrative and enforcement expenses under subsection (1) of 7   this section and refunds or credits arising from erroneous overpayments, the department 8   shall transfer the balance of the moneys received from the privilege and use taxes as follows: 9       (a) Moneys attributable to the privilege tax shall be transferred as follows:10       (A) $12 million shall be transferred annually to the Zero-Emission Incentive Fund estab-11   lished under section 152 of this 2017 Act.12       (B) After the transfer required under subparagraph (A) of this paragraph, the balance13   of the moneys shall be transferred to the Connect Oregon Fund established under ORS14   367.080.15       (b) Moneys attributable to the use tax shall be transferred to the State Highway Fund.16       SECTION 96a. Section 96 of this 2017 Act is amended to read:17       Sec. 96. (1) The Department of Revenue shall deposit all revenue collected from the privilege18   tax imposed under section 90 of this 2017 Act and the use tax imposed under section 91 of this 201719   Act in a suspense account established under ORS 293.445 for the purpose of receiving the revenue.20   The department may pay expenses for the administration and enforcement of the privilege and use21   taxes out of moneys received from the privilege and use taxes. Amounts necessary to pay adminis-22   trative and enforcement expenses are continuously appropriated to the department from the sus-23   pense account.24       (2) After payment of administrative and enforcement expenses under subsection (1) of this sec-25   tion and refunds or credits arising from erroneous overpayments, the department shall transfer the26   balance of the moneys received from the privilege and use taxes as follows:27       (a) Moneys attributable to the privilege tax shall be transferred [as follows:]28       [(A) $12 million shall be transferred annually to the Zero-Emission Incentive Fund established29   under section 152 of this 2017 Act.]30       [(B) After the transfer required under subparagraph (A) of this paragraph, the balance of the31   moneys shall be transferred] to the Connect Oregon Fund established under ORS 367.080.32       (b) Moneys attributable to the use tax shall be transferred to the State Highway Fund.33       SECTION 96b. The amendments to section 96 of this 2017 Act by section 96a of this 201734   Act become operative on January 1, 2024.35       SECTION 97. Deposit of revenue from excise tax on taxable bicycles. (1) The Department36   of Revenue shall deposit all revenue collected from the excise tax imposed under section 9237   of this 2017 Act in a suspense account established under ORS 293.445 for the purposes of38   receiving the excise tax revenue. The department may pay expenses for the administration39   and enforcement of the excise tax out of moneys received from the excise tax. Amounts40   necessary to pay administrative and enforcement expenses are continuously appropriated to41   the department from the suspense account.42       (2) After payment of administrative and enforcement expenses under subsection (1) of43   this section and refunds or credits arising from erroneous overpayments, the department44   shall transfer the balance of the moneys received from the excise tax to the Connect Oregon45   Fund established under ORS 367.080 for the purpose of providing grants for bicycle and pe-                                                [113]                                         A-Eng. HB 2017 1   destrian transportation projects. 2      SECTION 98. Collection point for use tax and excise tax; returns and payment for 3   transportation project taxes. (1) Except as otherwise provided in sections 89 to 111 of this 4   2017 Act, the use tax imposed under section 91 of this 2017 Act and the excise tax imposed 5   under section 92 of this 2017 Act shall be collected at the point of sale and remitted by each 6   seller that engages in the retail sale of taxable vehicles. Each tax is considered a tax upon 7   the seller that is required to collect the tax, and the seller is considered a taxpayer. 8      (2) Each seller of taxable vehicles that is liable for transportation project taxes shall file 9   a return with the Department of Revenue, in the form and manner prescribed by the de-10   partment, on or before the last day of January, April, July and October of each year for the11   previous calendar quarter.12      (3) Each seller shall pay the applicable transportation project taxes to the department in13   the form and manner prescribed by the department, but not later than the date of submitting14   each quarterly return, without regard to extensions under subsection (5) of this section.15      (4) Sellers of taxable vehicles shall file the returns required under this section with re-16   spect to the privilege tax imposed under section 90 of this 2017 Act and the excise tax im-17   posed under section 92 of this 2017 Act regardless of whether any taxes are owed.18      (5) The department may extend the time for making any return required under this19   section if a written request is filed with the department during or prior to the period for20   which the extension may be granted. The department may not grant an extension of more21   than 30 days.22      (6) Interest shall be added to delinquent tax amounts at the rate established under ORS23   305.220 from the time the return to which the delinquent tax amounts relate was originally24   required to be filed to the time of payment.25      SECTION 99. Liability for tax; warrant for collection; conference; appeal. (1) Every seller26   of taxable vehicles who collects any amount of transportation project taxes shall hold the27   amount in trust for the State of Oregon and for payment to the Department of Revenue in28   the manner and at the time provided in section 98 of this 2017 Act.29      (2) If a seller of taxable vehicles fails to remit any amount of transportation project30   taxes, whether collected or not, the department may enforce collection by the issuance of a31   distraint warrant for the collection of the delinquent amount and all penalties, interest and32   collection charges accrued on the delinquent amount. The warrant shall be issued and pro-33   ceeded upon in the same manner and shall have the same force and effect as is prescribed34   with respect to warrants for the collection of delinquent income taxes.35      (3)(a) In the case of a seller that is assessed under the provisions of ORS 305.265 (12) and36   314.407 (1), the department may issue a notice of liability to any officer, employee or member37   of the seller at any time within three years after the assessment. Within 30 days after the38   date on which the notice of liability is mailed to the officer, employee or member, the officer,39   employee or member shall pay the assessment, plus penalties and interest, or advise the40   department in writing of objections to the liability and, if desired, request a conference. A41   conference shall be governed by the provisions of ORS 305.265 pertaining to a conference42   requested from a notice of deficiency.43      (b) After a conference or, if no conference is requested, a determination of the issues44   raised in the written objections, the department shall mail the officer, employee or member45   a conference letter affirming, canceling or adjusting the notice of liability. Within 90 days                                              [114]                                        A-Eng. HB 2017 1   after the date on which the conference letter is mailed to the officer, employee or member, 2   the officer, employee or member shall pay the assessment, plus penalties and interest, or 3   appeal to the tax court in the manner provided for an appeal from a notice of assessment. 4      (c) If the department does not receive payment or written objection to the notice of li- 5   ability within 30 days after the notice of liability was mailed, the notice of liability becomes 6   final. The officer, employee or member may appeal the notice of liability to the tax court 7   within 90 days after the notice became final in the manner provided for an appeal from a 8   notice of assessment. 9      (4)(a) In the case of a seller that fails to file a return on the due date, in addition to any10   action described in the provisions of ORS 305.265 (10) and 314.400, the department may issue11   a notice of determination and assessment to any officer, employee or member of the seller12   at any time within three years after the assessment. The time of assessment against the13   officer, employee or member is 30 days after the date on which the notice of determination14   and assessment is mailed. Within 30 days after the date on which the notice of determination15   and assessment is mailed to the officer, employee or member, the officer, employee or16   member shall pay the assessment, plus penalties and interest, or advise the department in17   writing of objections to the assessment and, if desired, request a conference. A conference18   shall be governed by the provisions of ORS 305.265 pertaining to a conference requested from19   a notice of deficiency.20      (b) After a conference or, if no conference is requested, a determination of the issues21   raised in the written objections, the department shall mail the officer, employee or member22   a conference letter affirming, canceling or adjusting the notice of determination and assess-23   ment. Within 90 days after the date on which the conference letter is mailed to the officer,24   employee or member, the officer, employee or member shall pay the assessment, plus pen-25   alties and interest, or appeal to the tax court in the manner provided for an appeal from a26   notice of assessment.27      (c) If the department does not receive payment or written objection to the notice of de-28   termination and assessment within 30 days after the notice of determination and assessment29   was mailed, the notice of determination and assessment becomes final. The officer, employee30   or member may appeal the notice of determination and assessment to the tax court within31   90 days after the notice became final in the manner provided for an appeal from a notice of32   assessment.33      (5)(a) More than one officer or employee of a corporation may be held jointly and se-34   verally liable for payment of transportation project taxes.35      (b) Notwithstanding the confidentiality provisions of section 104 of this 2017 Act, if the36   department determines that more than one officer or employee of a corporation may be held37   jointly and severally liable for payment of the transportation project taxes, the department38   may require any or all of the officers or employees to appear before the department for a39   joint determination of liability. The department shall notify each officer or employee of the40   time and place set for the determination of liability.41      (c) Each individual notified of a joint determination under this subsection must appear42   and present such information as is necessary to establish the individual’s liability or nonli-43   ability for payment of the taxes to the department. If an individual who was notified fails to44   appear, the department shall make the determination on the basis of all the information and45   evidence presented. The department’s determination is binding on all individuals notified and                                             [115]                                         A-Eng. HB 2017 1   required to appear under this subsection. 2      (d)(A) If any individual determined to be liable for unpaid transportation project taxes 3   under this subsection appeals the determination to the Oregon Tax Court under section 103 4   of this 2017 Act, the individual plaintiff shall implead all individuals required to appear with 5   the plaintiff before the department under this subsection. The department may implead any 6   officer or employee who may be held jointly and severally liable for the payment of the 7   transportation project taxes. Each individual impleaded under this paragraph shall be made 8   a party to the action before the tax court and shall make available to the tax court the in- 9   formation that was presented before the department, as well as other information that may10   be presented to the tax court.11      (B) The tax court may determine that one or more individuals impleaded under this12   paragraph are liable for unpaid transportation project taxes without regard to any earlier13   determination by the department that an impleaded individual was not liable for the unpaid14   taxes.15      (C) If an individual required to appear before the tax court under this subsection fails16   or refuses to appear or bring such information in part or in whole, or is outside the juris-17   diction of the tax court, the tax court shall make its determination on the basis of all the18   evidence introduced. Notwithstanding section 104 of this 2017 Act, the evidence introduced19   in the tax court constitutes a public record and shall be available to the parties and the tax20   court. The determination of the tax court is binding on all individuals made parties to the21   action under this subsection.22      (e) This subsection may not be construed to preclude a determination by the department23   or the tax court that more than one officer or employee is jointly and severally liable for24   unpaid transportation project taxes.25      SECTION 100. Purchaser’s duties to remit use and excise tax. Any purchaser liable for26   the use tax imposed under section 91 of this 2017 Act or the excise tax imposed under section27   92 of this 2017 Act and from whom the tax has not been collected shall, on or before the 20th28   day of the month following the close of the month in which the tax became due, file with the29   Department of Revenue a report of the amount of tax due from the purchaser in a form and30   manner prescribed by the department. The purchaser shall remit the amount of tax due with31   the report.32      SECTION 101. Records. (1)(a) A seller of taxable vehicles shall keep receipts, invoices and33   other pertinent records related to retail sales of taxable vehicles in the form required by the34   Department of Revenue. Each record shall be preserved for five years from the time to which35   the record relates, or for as long as the seller retains the taxable vehicles to which the re-36   cord relates, whichever is later.37      (b) During the retention period and at any time prior to the destruction of records, the38   department may give written notice to the seller not to destroy records described in the39   notice without written permission of the department.40      (c) Notwithstanding any other provision of law, the department shall preserve reports41   and returns filed with the department for at least five years.42      (2) ORS 314.425 applies to the authority of the Department of Revenue to examine, or43   cause to be examined by an agent or representative designated by the department for the44   purpose, any books, papers, records or memoranda bearing upon the matter required to be45   included in any return required under sections 89 to 111 of this 2017 Act for the purpose of                                             [116]                                        A-Eng. HB 2017 1   ascertaining the correctness of the return or for the purpose of making an estimate of the 2   taxable sales of the taxpayer. 3      SECTION 102. Subpoenas; enforcement. (1) The Department of Revenue may, by order 4   or subpoena to be served with the same force and effect and in the same manner as a 5   subpoena is served in a civil action in the circuit court or the Oregon Tax Court, require the 6   production at any time and place the department designates of any books, papers, accounts 7   or other information necessary to carry out sections 89 to 111 of this 2017 Act. The depart- 8   ment may require the attendance of any individual having knowledge in the premises, and 9   may take testimony and require proof material for the information, with power to administer10   oaths to the individual.11      (2)(a) If an individual fails to comply with a subpoena or order of the department or to12   produce or permit the examination or inspection of any books, papers, records and equip-13   ment pertinent to an investigation or inquiry under sections 89 to 111 of this 2017 Act, or to14   testify to any matter regarding which the individual is lawfully interrogated, the department15   may apply to the Oregon Tax Court or to the circuit court of the county in which the indi-16   vidual resides or where the individual is for an order to the individual to attend and testify17   or otherwise comply with the demand or request of the department.18      (b) The department shall apply to the court by ex parte motion, upon which the court19   shall make an order requiring the individual against whom the motion is directed to comply20   with the request or demand of the department within 10 days after the service of the order,21   or within the additional time granted by the court, or to justify the failure within that time.22   The order shall be served upon the individual to whom it is directed in the manner required23   by this state for service of process, which is required to confer jurisdiction upon the court.24      (3) Failure to obey any order issued by the court under this section is contempt of court.25      (4) The remedy provided by this section is in addition to other remedies, civil or criminal,26   existing under the tax laws or other laws of this state.27      SECTION 103. Disclosure of information; appeals. (1) Notwithstanding the confidentiality28   provisions of section 104 of this 2017 Act, the Department of Revenue may disclose informa-29   tion received under sections 89 to 111 of this 2017 Act to the Department of Transportation30   for the purposes of carrying out the provisions of sections 91 and 109 of this 2017 Act.31      (2) The Department of Transportation may disclose information obtained under sections32   91 and 109 of this 2017 Act to the Department of Revenue for the purposes of carrying out33   the provisions of sections 89 to 111 of this 2017 Act.34      (3) Except as otherwise provided in sections 89 to 111 of this 2017 Act, a person aggrieved35   by an act or determination of the Department of Revenue or its authorized agent under36   sections 89 to 111 of this 2017 Act may appeal, within 90 days after the act or determination,37   to the Oregon Tax Court in the manner provided in ORS 305.404 to 305.560. These appeal38   rights are the exclusive remedy available to determine the person’s liability for the trans-39   portation project taxes.40      SECTION 104. Applicability of other provisions of tax law. Except as otherwise provided41   in sections 89 to 111 of this 2017 Act or where the context requires otherwise, the provisions42   of ORS chapters 305 and 314 as to the audit and examination of returns, periods of limitation,43   determinations of and notices of deficiencies, assessments, collections, liens, delinquencies,44   claims for refund and refunds, conferences, appeals to the Oregon Tax Court, stays of col-45   lection pending appeal, confidentiality of returns and the related penalties, and the related                                             [117]                                       A-Eng. HB 2017 1   procedures, apply to the determinations of taxes, penalties and interest under sections 89 to 2   111 of this 2017 Act. 3      SECTION 105. Department of Revenue to administer and enforce laws. (1) The Depart- 4   ment of Revenue shall administer and enforce sections 89 to 111 of this 2017 Act. 5      (2) The department may adopt or establish rules and procedures that the department 6   considers necessary or appropriate for the implementation, administration and enforcement 7   of sections 89 to 111 of this 2017 Act and that are consistent with sections 89 to 111 of this 8   2017 Act. 9      (3) The Department of Transportation shall enter into an agreement with the Depart-10   ment of Revenue for purposes of the implementation, administration and enforcement by the11   Department of Transportation of those provisions of section 109 of this 2017 Act, and rules12   or procedures adopted or established by the Department of Revenue under this section, that13   the Department of Transportation and the Department of Revenue determine are necessary14   for the effective and efficient implementation, administration and enforcement of section 10915   of this 2017 Act.16      SECTION 106. Department of Transportation assistance in use tax collection responsi-17   bilities. (1) The Department of Revenue and the Department of Transportation shall enter18   into an agreement pursuant to which the Department of Transportation shall assist the De-19   partment of Revenue in the collection of the use tax imposed under section 91 of this 201720   Act and any other functions of the Department of Revenue under sections 89 to 111 of this21   2017 Act as may be provided under the agreement.22      (2) The agreement is not intended to preclude performance by the Department of Re-23   venue of collection functions as from time to time may be required, nor is the agreement24   intended to preclude the performance of functions by the Department of Transportation,25   under less formal arrangements made with the Department of Revenue, with respect to the26   use tax imposed under section 91 of this 2017 Act if the functions are not specifically men-27   tioned in the agreement.28      (3) The Department of Transportation may contact, consult with and enter into agree-29   ments with any public or private person for the purpose of assisting the Department of Re-30   venue in the collection of the use tax under this section.31      (4) The collection of taxes under sections 89 to 111 of this 2017 Act by the Department32   of Transportation does not render the Department of Transportation or the agents and em-33   ployees of the Department of Transportation responsible for collection of the taxes.34      SECTION 107. Applicability. Sections 89 to 111 of this 2017 Act apply to sales of taxable35   vehicles that become final, and the storage, use or other consumption in this state of taxable36   vehicles that becomes taxable, on or after January 1, 2018.37      SECTION 108. Section 109 of this 2017 Act is added to and made a part of the Oregon38   Vehicle Code.39      SECTION 109. Vehicle registration and titling; proof of payment of taxes. (1) A person40   that purchases a taxable motor vehicle from a seller that is not subject to the privilege tax41   imposed under section 90 of this 2017 Act may not register or title the taxable motor vehicle42   in Oregon unless the person provides proof that the person:43      (a) Paid the use tax imposed under section 91 of this 2017 Act; or44      (b) Is not required to pay the use tax for the reasons provided in section 91 (4) of this45   2017 Act.                                            [118]                                         A-Eng. HB 2017 1       (2) The person shall provide the proof described in subsection (1) of this section to the 2   Department of Transportation in the manner established by the department by rule. 3       SECTION 110. Applicability. Section 109 of this 2017 Act applies to taxable motor vehicles 4   purchased on or after January 1, 2018. 5       SECTION 111. Tax moratorium. (1) A local government may not impose a tax described 6   in subsection (2) of this section unless the tax is: 7       (a) Authorized by statute; or 8       (b) Approved by the governing body of the local government and in effect on or before 9   the effective date of this 2017 Act.10       (2) This section applies to:11       (a) A tax on the privilege of engaging in the business of selling taxable motor vehicles12   at retail; and13       (b) Any other privilege, excise, sales or use tax on taxable motor vehicles.14       SECTION 111a. Not later than September 15, 2019, and September 15, 2021, the Depart-15   ment of Transportation shall submit reports in the manner required under ORS 192.245 to16   the Joint Committee on Transportation established under section 26 of this 2017 Act de-17   scribing in detail the enforcement by the department of the provisions of ORS chapter 82218   governing the certification of vehicle dealers.19       SECTION 112. Legislative intent; expedited judicial review to Supreme Court; expiration.20   (1) It is the intent of the Legislative Assembly that revenue from the privilege tax imposed21   under section 90 of this 2017 Act is not subject to the provisions of Article IX, section 3a,22   of the Oregon Constitution.23       (2) Original jurisdiction to determine whether section 90 of this 2017 Act imposes a tax24   or excise levied on the ownership, operation or use of motor vehicles that is subject to the25   provisions of Article IX, section 3a, of the Oregon Constitution, is conferred on the Supreme26   Court.27       (3)(a) Any person interested in or affected or aggrieved by section 90 of this 2017 Act28   may petition for judicial review under this section. A petition for review must be filed within29   30 days after the effective date of this 2017 Act.30       (b) The petition must state facts showing how the petitioner is interested, affected or31   aggrieved and the grounds upon which the petition is based.32       (4) The filing of a petition under this section shall stay the transfer under section 9633   (2)(a) of this 2017 Act of the balance of moneys received, pending the determination of the34   Supreme Court. The Supreme Court may not stay the imposition of the tax under section35   90 of this 2017 Act or the collection and enforcement of the tax under any provision of law.36       (5) Judicial review under this section shall be limited to:37       (a) The provisions of this 2017 Act authorizing the imposition of the privilege tax; and38       (b) The legislative history and any supporting documents related to Article IX, section39   3a, of the Oregon Constitution.40       (6) In the event the Supreme Court determines that there are factual issues in the peti-41   tion, the Supreme Court may appoint a special master to hear evidence and to prepare re-42   commended findings of fact.43       (7) Proceedings for review under this section shall be given priority over all other mat-44   ters before the Supreme Court.45       (8) If the Supreme Court determines that section 90 of this 2017 Act imposes a tax or                                              [119]                                          A-Eng. HB 2017 1   excise levied on the ownership, operation or use of motor vehicles that is subject to the 2   provisions of Article IX, section 3a, of the Oregon Constitution, sections 90 and 91 of this 3   2017 Act are repealed and moneys from the privilege tax imposed under section 90 of this 2017 4   Act that, as of the date of the determination, have not been expended or irrevocably pledged 5   for repayment of bonded indebtedness shall be transferred to the State Highway Fund. 6       NOTE: Sections 113 and 114 were deleted by amendment.           Subsequent sections were not re- 7   numbered. 8       SECTION 115. ORS 305.992 is amended to read: 9       305.992. (1) If any returns required to be filed under ORS 475B.700 to 475B.760 or sections 8910   to 111 of this 2017 Act or ORS chapter 118, 314, 316, 317, 318, 321 or 323 or under a local tax ad-11   ministered by the Department of Revenue under ORS 305.620 are not filed for three consecutive12   years by the due date (including extensions) of the return required for the third consecutive year,13   there shall be a penalty for each year of 100 percent of the tax liability determined after credits and14   prepayments for each such year.15       (2) The penalty imposed under this section is in addition to any other penalty imposed by law.16   However, the total amount of penalties imposed for any taxable year under this section, ORS 305.26517   (13), 314.400, 323.403, 323.585 or 475B.755 may not exceed 100 percent of the tax liability.18       SECTION 116. ORS 366.505 is amended to read:19       366.505. (1) The State Highway Fund shall consist of:20       (a) All moneys and revenues derived under and by virtue of the sale of bonds, the sale of which21   is authorized by law and the proceeds thereof to be dedicated to highway purposes.22       (b) All moneys and revenues accruing from the licensing of motor vehicles, operators and23   chauffeurs.24       (c) Moneys and revenues derived from any tax levied upon gasoline, distillate, liberty fuel or25   other volatile and inflammable liquid fuels, except moneys and revenues described in ORS 184.64226   (2)(a) that become part of the Department of Transportation Operating Fund.27       (d) Moneys and revenues derived from the road usage charges imposed under ORS 319.885.28       (e) Moneys and revenues derived from the use tax imposed under section 91 of this 201729   Act.30       [(e)] (f) Moneys and revenues derived from or made available by the federal government for road31   construction, maintenance or betterment purposes.32       [(f)] (g) All moneys and revenues received from all other sources which by law are allocated or33   dedicated for highway purposes.34       (2) The State Highway Fund shall be deemed and held as a trust fund, separate and distinct from35   the General Fund, and may be used only for the purposes authorized by law and is continually ap-36   propriated for such purposes.37       (3) Moneys in the State Highway Fund may be invested as provided in ORS 293.701 to 293.857.38   All interest earnings on any of the funds designated in subsection (1) of this section shall be placed39   to the credit of the highway fund.40       SECTION 117. ORS 803.585 is amended to read:41       803.585. (1) Except as otherwise provided in this section or ORS 801.041 or 801.042, the regis-42   tration fees under the vehicle code are in lieu of all other taxes and licenses, except municipal li-43   cense fees under regulatory ordinances, [to which such] imposed on vehicles [or], the owners44   [thereof may be subject] of such vehicles or the use of or any privilege related to such45   vehicles. Fixed load vehicles are not exempt from ad valorem taxation by this section.                                                [120]                                            A-Eng. HB 2017 1         (2) Travel trailers subject to registration and titling under the vehicle code are not subject to 2   ad valorem taxation, but may be reclassified as manufactured structures and made subject to taxa- 3   tion as provided in ORS 308.880. 4         (3) This section does not apply to the privilege tax imposed under section 90 of this 2017 5   Act or the use tax imposed under section 91 of this 2017 Act. 6         SECTION 118. ORS 319.885 is amended to read: 7         319.885. (1)(a) Except as provided in paragraph (b) of this subsection, the registered owner of a 8   subject vehicle shall pay a per-mile road usage charge for metered use by the subject vehicle of the 9   highways in Oregon.10         (b) During the term of a lease, the lessee of a subject vehicle shall pay the per-mile road usage11   charge for metered use by the subject vehicle of the highways in Oregon.12         (2) The per-mile road usage charge is [1.5 cents per mile.]:13         (a) For the calendar year beginning on January 1, 2018, 1.7 cents per mile.14         (b) For the calendar year beginning on January 1, 2020, 1.8 cents per mile.15         (c) For the calendar year beginning on January 1, 2022, 1.9 cents per mile.16         SECTION 118a. ORS 319.885, as amended by section 118 of this 2017 Act, is amended to read:17         319.885. (1)(a) Except as provided in paragraph (b) of this subsection, the registered owner of a18   subject vehicle shall pay a per-mile road usage charge for metered use by the subject vehicle of the19   highways in Oregon.20         (b) During the term of a lease, the lessee of a subject vehicle shall pay the per-mile road usage21   charge for metered use by the subject vehicle of the highways in Oregon.22         (2) The per-mile road usage charge is[:] 2.1 cents per mile.23         [(a) For the calendar year beginning on January 1, 2018, 1.7 cents per mile.]24         [(b) For the calendar year beginning on January 1, 2020, 1.8 cents per mile.]25         [(c) For the calendar year beginning on January 1, 2022, 1.9 cents per mile.]26         SECTION 118b. The amendments to ORS 319.885 by section 118a of this 2017 Act apply27   to metered use by subject vehicles of the highways in Oregon on or after January 1, 2024.28         SECTION 118c. ORS 319.890 is amended to read:29         319.890. (1) A person wishing to pay the per-mile road usage charge imposed under ORS 319.88530   must apply to the Department of Transportation on a form prescribed by the department.31         (2) The department shall approve a valid and complete application submitted under this section32   if:33         (a) The applicant is the registered owner or lessee of a motor vehicle;34         (b) The motor vehicle is equipped with a method selected pursuant to ORS 319.900 for collecting35   and reporting the metered use by the motor vehicle of the highways in Oregon;36         (c) The motor vehicle has a gross vehicle weight rating of 10,000 pounds or less; and37         (d) Approval does not cause the number of subject vehicles active in the road usage charge38   program on the date of approval to exceed 5,000, of which no more than 1,500 may have a rating39   of less than 17 miles per gallon and no more than 1,500 may have a rating of at least 17 miles per40   gallon and less than 22 miles per gallon, such ratings to be determined pursuant to a method es-41   tablished by the department.42         (3) An electric vehicle for which an application is approved under this section is not43   subject to the additional amount of registration fees imposed under section 32 of this 201744   Act.45         [(3)] (4) Approval of an application under this section subjects the applicant to the requirements                                                  [121]                                         A-Eng. HB 2017 1   of ORS 319.920 until the person ends the person’s voluntary participation in the road usage charge 2   program in the manner required under subsection [(4)] (5) of this section. 3       [(4)] (5) A person may end the person’s voluntary participation in the road usage charge pro- 4   gram at any time by notifying the department, returning any emblem issued under ORS 319.945 to 5   the department and paying any outstanding amount of road usage charge for metered use by the 6   person’s subject vehicle. 7 8                                   TRAFFIC CONGESTION RELIEF 910       SECTION 119. Feasibility study of highway cost allocation study within certain political11   subdivisions. (1) The Oregon Department of Administrative Services shall conduct a study12   to determine the feasibility of performing a highway cost allocation study within the bound-13   aries of a county, Metro and Tri-Met, but otherwise as described in ORS 366.506, with respect14   to revenue raised within the county, Metro and Tri-Met, respectively, that is subject to Ar-15   ticle IX, section 3a (3), of the Oregon Constitution. The department may consult with any16   public or private body the department considers necessary or appropriate for conducting the17   study required under this section.18       (2) The department shall submit a report, in the manner provided in ORS 192.245, con-19   taining the results of the study required under this section to the Joint Committee on20   Transportation established under section 26 of this 2017 Act not later than September 15,21   2018.2223                                 (Traffic Congestion Relief Program)2425       SECTION 120. (1) The Oregon Transportation Commission shall establish a traffic con-26   gestion relief program.27       (2) No later than December 31, 2018, the commission shall seek approval from the Federal28   Highway Administration, if required by federal law, to implement value pricing as described29   in this section.30       (3) After seeking and receiving approval from the Federal Highway Administration, the31   commission shall implement value pricing to reduce traffic congestion. Value pricing may32   include, but is not limited to, variable time-of-day pricing. The commission shall implement33   value pricing in the following locations:34       (a) On Interstate 205, beginning at the Washington state line and ending where it inter-35   sects with Interstate 5 in this state.36       (b) On Interstate 5, beginning at the Washington state line and ending where it intersects37   with Interstate 205.38       (4) In addition to areas listed in subsection (3) of this section, the commission may im-39   plement value pricing in other areas of this state.40       (5) Notwithstanding ORS 383.009, the revenues received from value pricing under this41   section shall be deposited into the Congestion Relief Fund established under section 120a of42   this 2017 Act for the implementation and administration of the congestion relief program43   established pursuant to this section, including but not limited to the Value Pricing Set-Up44   Project.45       (6) Subject to any restrictions in an agreement with the Federal Highway Administration                                               [122]                                          A-Eng. HB 2017 1   or other federal law, in addition to the amounts received from value pricing under this sec- 2   tion, the moneys in the Congestion Relief Fund shall be used to implement and administer 3   the traffic congestion relief program. 4          (7) Before imposing value pricing, the commission shall report to the Joint Committee 5   on Transportation established under section 26 of this 2017 Act. 6          (8) The commission may enter into agreements with the State of Washington, or the 7   State of Washington’s designee, relating to establishing, reviewing, adjusting and collecting 8   tolls for the program described in this section. 9          SECTION 120a. Congestion Relief Fund. (1) The Congestion Relief Fund is established in10   the State Treasury, separate and distinct from the General Fund. Interest earned by the11   Congestion Relief Fund shall be credited to the fund.12          (2) The Congestion Relief Fund consists of:13          (a) Moneys appropriated or otherwise transferred to the fund by the Legislative Assem-14   bly;15          (b) Notwithstanding ORS 383.009 (1)(d), net proceeds of tolls imposed under section 12016   of this 2017 Act;17          (c) Moneys received from federal sources or other state or local sources, other than18   proceeds of Highway User Tax Bonds issued under ORS 367.615;19          (d) Amounts donated to the fund;20          (e) Investment earnings received on moneys in the fund; and21          (f) Other amounts deposited in the fund from any source.22          (3) Moneys in the fund are continuously appropriated to the Department of Transporta-23   tion for distribution to the Oregon Transportation Commission for the purposes of imple-24   menting and administering the congestion relief program established pursuant to section 12025   of this 2017 Act.26          (4) The Department of Transportation may receive gifts, grants, contributions, bequests27   or other donations of any kind from any public or private source for deposit in the Con-28   gestion Relief Fund.29          (5) Moneys in the Congestion Relief Fund may be invested and reinvested as provided in30   ORS 293.701 to 293.857.3132                             (Task Force on Mega Transportation Projects)3334          SECTION 121. (1) The Task Force on Mega Transportation Projects is established. For35   the purposes of this section, a “mega transportation project” includes transportation36   projects, as defined in ORS 367.010, that cost at least $360 million to complete, that attract37   a high level of public attention or political interest because of substantial direct and indirect38   impacts on the community or environment or that require a high level of attention to man-39   age the project successfully.40          (2) The task force consists of nine members appointed as follows:41          (a) The President of the Senate shall appoint two members from among members of the42   Senate.43          (b) The Speaker of the House of Representatives shall appoint two members from among44   members of the House of Representatives.45          (c) The Governor shall appoint three members who represent highway users.                                               [123]                                        A-Eng. HB 2017 1       (d) The chairperson of the Oregon Transportation Commission shall appoint two mem- 2   bers from among members of the commission. 3       (3) The task force shall study how the State of Oregon selects and approves mega 4   transportation projects. 5       (4) Members of the Legislative Assembly appointed to the task force are nonvoting 6   members of the task force and may act in an advisory capacity only. 7       (5) A majority of the voting members of the task force constitutes a quorum for the 8   transaction of business. 9       (6) Official action by the task force requires the approval of a majority of the voting10   members of the task force.11       (7) The task force shall elect one of its members to serve as chairperson.12       (8) If there is a vacancy for any cause, the appointing authority shall make an appoint-13   ment to become immediately effective.14       (9) The task force shall meet at times and places specified by the call of the chairperson15   or of a majority of the members of the task force.16       (10) The task force may adopt rules necessary for the operation of the task force.17       (11) The task force shall submit a report in the manner provided by ORS 192.245, and18   may include recommendations for legislation, to the Joint Committee on Transportation es-19   tablished under section 26 of this 2017 Act no later than September 15, 2018.20       (12) The Legislative Policy and Research Director shall provide staff support to the task21   force.22       (13) Members of the task force who are not members of the Legislative Assembly are not23   entitled to compensation or reimbursement for expenses and serve as volunteers on the task24   force.25       (14) All agencies of state government, as defined in ORS 174.111, are directed to assist26   the task force in the performance of the task force’s duties and, to the extent permitted by27   laws relating to confidentiality, to furnish information and advice the members of the task28   force consider necessary to perform their duties.29       SECTION 122. Section 121 of this 2017 Act is repealed on December 31, 2018.3031                       PUBLIC TRANSPORTATION AND PUBLIC SAFETY32                                          (Public Transit)3334       SECTION 122a. (1) As used in this section:35       (a) “Employer” has the meaning given that term in ORS 316.162.36       (b) “Resident of this state” has the meaning given that term in ORS 316.027.37       (c) “Wages” has the meaning given that term in ORS 316.162.38       (2) A tax is imposed at the rate of one-tenth of one percent of:39       (a) The wages of an employee who is:40       (A) A resident of this state, regardless of where services are performed.41       (B) Not a resident of this state, for services performed in this state.42       (b) The periodic payments under ORS 316.189.43       (3) Every employer at the time of the payment of wages shall deduct and withhold from44   the total amount of the wages paid for services described under subsection (2) of this section45   an amount equal to the total amount of wages, without exemption or deduction, multiplied                                             [124]                                          A-Eng. HB 2017 1   by the rate of tax imposed under subsection (2) of this section. 2       (4) Every payer at the time of making a periodic payment under ORS 316.189 shall deduct 3   and withhold from the payment an amount equal to the total amount of the payment, with- 4   out exemption or deduction, multiplied by the rate of tax imposed under subsection (2) of this 5   section. 6       (5) An employer or payer shall report and pay the tax imposed under this section to the 7   Department of Revenue at the time and in the manner determined by the department by 8   rule. 9       (6) For purposes of the tax imposed under this section, an employer or payer is consid-10   ered a taxpayer.11       (7) If a lender, surety or other person who supplies funds to or for the account of an12   employer for the purpose of paying wages of the employees of such employer has actual no-13   tice or knowledge that such employer does not intend to or will not be able to make timely14   payment or deposit of the tax required to be deducted and withheld, such lender, surety or15   other person shall be liable to the State of Oregon in a sum equal to the taxes, together with16   interest, that are not timely paid over to the Department of Revenue. Such liability shall be17   limited to the principal amount supplied by the lender, surety or other person, and any18   amounts so paid to the department shall be credited against the liability of the employer.19       (8)(a) An employer or payer shall submit an annual return pursuant to ORS 316.202 to20   the Department of Revenue. The amounts deducted from the wages during any calendar year21   in accordance with this section shall be considered to be in payment of the tax imposed under22   subsection (2) of this section.23       (b) The return submitted by the employer shall be accepted by the Department of Re-24   venue as evidence in favor of the employee of the amounts so deducted from the employee’s25   wages.26       (9) Nothing in this section prohibits the Department of Revenue from including the tax27   imposed under this section in the combined quarterly tax report required under ORS 316.168.28       (10) An employer that fails to deduct and withhold the tax required under this section:29       (a) Is deemed responsible for the payment of the tax obligation in an amount equal to the30   amount required to be withheld from the employee’s wages and remitted to the Department31   of Revenue; and32       (b) Is subject to a penalty of $250 per employee, up to a maximum penalty of $25,000, if33   the employer knowingly fails to deduct and withhold the tax.34       (11) Residents subject to the tax imposed under this section on wages earned outside this35   state from an employer not doing business within this state shall report and pay the tax at36   the time and in the manner determined by the Department of Revenue by rule.37       SECTION 122b. ORS 316.164 is amended to read:38       316.164. (1) Except as provided in subsection (3) of this section, if the Department of Revenue39   makes the findings required under subsection (2) of this section, the department may require any40   employer subject to ORS 316.162 to 316.221, except the state or its political subdivisions, to post a41   surety bond, or irrevocable letter of credit issued by an insured institution, as defined in ORS42   706.008, with the department, to secure future payment of amounts required to be withheld and paid43   over to the department under ORS 316.162 to 316.221 or section 122a of this 2017 Act. The bond44   or letter of credit shall be in an amount equal to the amounts required to be withheld upon the45   wages paid or estimated to be paid by the employer for a period of four calendar quarters. The bond                                               [125]                                          A-Eng. HB 2017 1   or letter of credit shall be in a form acceptable to the department. Posting of the bond or letter of 2   credit shall not relieve the employer from withholding and paying over amounts based on wages paid 3   by the employer under any provision of ORS 316.162 to 316.221 or section 122a of this 2017 Act. 4   The department may, in its discretion, at any time apply such bond or letter of credit or part thereof 5   to the delinquencies or indebtedness of the employer arising under any provision of ORS 316.162 to 6   316.221 and section 122a of this 2017 Act and accruing after the date the bond or letter of credit 7   was posted. Appeal of an action of the department under this section shall not relieve an employer 8   of the requirement during the pendency of the appeal. 9       (2) Before requiring an employer to post a bond or irrevocable letter of credit under subsection10   (1) of this section, the department shall determine that the employer has failed to make payment to11   the department of amounts required to be withheld and paid over under any provision of ORS12   316.162 to 316.221 or section 122a of this 2017 Act for at least three calendar quarters, and the13   total amount of delinquent payments exceeds $2,500, exclusive of interest or penalties. For purposes14   of this subsection, a payment shall not be considered delinquent if the employer’s liability to with-15   hold is subject to appeal to the tax court.16       (3) The department shall not require a bond or irrevocable letter of credit to be posted under17   this section if the employer elects to notify the department of the times of payment of wages to the18   employees of the employer, and, notwithstanding ORS 316.197, to pay over amounts withheld within19   three banking days after the dates the wages were paid.20       (4) Before requiring an employer to post a bond or irrevocable letter of credit or make payment21   of amounts required to be withheld in the manner prescribed in subsection (3) of this section, the22   department shall attempt to obtain payment of delinquent amounts through other methods of col-23   lection, however, the department is not required to seize or sell real or personal property in order24   to comply with the requirements of this subsection.25       (5) Any bond or irrevocable letter of credit required under subsection (1) of this section shall26   become the sole property of the department and shall be held by the department to guarantee pay-27   ment of withholding taxes by the employer. The bond or letter of credit shall be held for the benefit28   of the State of Oregon, subject only to the provisions of subsection (6) of this section. The bond or29   letter of credit shall be prior to all other liens, claims or encumbrances and shall be exempt from30   any process, attachment, garnishment or execution.31       (6) If an employer ceases to be an employer subject to ORS 316.162 to 316.221 or section 122a32   of this 2017 Act, the department shall, upon receipt of all payments due from the employer for33   withheld amounts, cancel any bond or irrevocable letter of credit given under this section. Such34   bonds or letters of credit held for the benefit of the State of Oregon shall first be applied to any35   indebtedness or deficiencies due from the employer under ORS 316.162 to 316.221 and section 122a36   of this 2017 Act and accruing after the date the bond or letter of credit was posted before any re-37   turn is made to the employer. The employer shall have no interest in such bond or letter of credit38   prior to full compliance with this section and all provisions of ORS 316.162 to 316.221 and section39   122a of this 2017 Act.40       (7) If an employer required to post a bond or irrevocable letter of credit or make payment of41   amounts withheld in the manner prescribed under this section makes full payment of all delinquent42   amounts due and owing at the time the bond, letter of credit or accelerated payment schedule was43   required and makes payment of amounts due under ORS 316.162 to 316.221 and section 122a of this44   2017 Act and files returns required in connection with those payments in a timely manner for the45   succeeding four calendar quarters, the department shall release the employer from the requirement                                                   [126]                                           A-Eng. HB 2017 1   to post the bond or letter of credit or make accelerated payments of amounts withheld. 2       (8) If any employer fails to comply with subsections (1) to (7) of this section, the Oregon Tax 3   Court, upon commencement of an action by the department for that purpose, may order the employer 4   to post the required bond or irrevocable letter of credit or make accelerated payments of amounts 5   withheld. The employer’s failure to obey an order of the court is punishable by contempt. If the 6   Oregon Tax Court determines that an order of compliance enforceable by contempt proceedings will 7   not assure the payment of withheld taxes by the employer, the court may enjoin the employer from 8   further employing individuals in this state or continuing in business therein until the employer has 9   complied with subsections (1) to (7) of this section.10       SECTION 122c. ORS 316.169 is amended to read:11       316.169. (1) If a lender, surety or other person who is not an employer with respect to an em-12   ployee pays wages directly to the employee, or to an agent on behalf of the employee, the lender,13   surety or other person shall deduct and retain from the wages, and shall be liable to this state for,14   an amount equal to the amount required to be withheld from the employee’s wages by the employer15   under ORS 316.167 and section 122a of this 2017 Act.16       (2) A lender, surety or other person described under this section shall file a combined quarterly17   tax report and make payment of the tax or assessment that is due in the time and manner prescribed18   for employers under ORS 316.168.19       (3) Amounts paid under this section shall be credited against the liability of the employer under20   ORS 316.167 and section 122a of this 2017 Act.21       (4) A lender, surety or other person described under this section shall be considered to be an22   employer with respect to withholdings made under this section or required to be made under this23   section for purposes of ORS 316.191, 316.197, 316.202, 316.207 and 316.212 and section 122a of this24   2017 Act.25       (5) The employer of an employee that receives wages from a lender, surety or other person shall26   not be discharged from any liability or other obligation under ORS 316.162 to 316.221 or section27   122a of this 2017 Act except as provided for in subsection (3) of this section.28       SECTION 122d. ORS 316.189 is amended to read:29       316.189. (1) As used in this section:30       (a) “Commercial annuity” means an annuity, endowment or life insurance contract issued by an31   insurance company authorized to transact insurance in the State of Oregon.32       (b) “Department” means the Oregon Department of Revenue.33       (c) “Designated distribution” means any distribution or payment from or under an employer de-34   ferred compensation plan, an individual retirement plan or a commercial annuity. “Designated dis-35   tribution” does not include any amount treated as wages as defined in ORS 316.162, the portion of36   any distribution or payment that is not includable in the gross income of the recipient or any dis-37   tribution or payment made under section 404(k)(2) of the Internal Revenue Code.38       (d) “Employer deferred compensation plan” means any pension, annuity, profit-sharing or stock39   bonus plan or other plan deferring the receipt of compensation.40       (e) “Individual retirement plan” means an individual retirement account described in section41   408(a) of the Internal Revenue Code or an individual retirement annuity described in section 408(b)42   of the Internal Revenue Code.43       (f) “Nonperiodic distribution” means any designated distribution which is not a periodic pay-44   ment.45       (g) “Payer” means any payer of a designated distribution doing business in or making payments                                                 [127]                                           A-Eng. HB 2017 1   or distributions from sources in this state. 2       (h) “Periodic payment” means a designated distribution which is an annuity or similar periodic 3   payment. 4       (i) “Plan administrator” means a plan administrator as described in section 414(g) of the Internal 5   Revenue Code, who is the administrator of a plan created by an Oregon employer. 6       (j) “Qualified total distribution” means any designated distribution made under a retirement, 7   annuity or deferred compensation plan described in section 401(a), 403(a) or 457(b) of the Internal 8   Revenue Code, that consists of the balance to the credit of the employee, exclusive of accumulated 9   deductible employee contributions, made within one tax year of the recipient.10       (2)(a) The payer of any periodic payment shall withhold from such payment the amount which11   would be required to be withheld from such payment under ORS 316.167 or section 122a of this12   2017 Act if the payment were wages paid by an employer to an employee.          The time and manner13   of payment of withheld amounts to the department shall be the same as that required under ORS14   316.197 for withholding of income taxes from wages.15       (b) The payer of any nonperiodic distribution shall withhold from such distribution an amount16   determined under tables prescribed by the department.17       (c) The maximum amount to be withheld under this section on any designated distribution shall18   not exceed 10 percent of the amount of money and the fair market value of other property received19   in the distribution. If the distribution is not subject to withholding for federal income tax purposes20   under section 3405 of the Internal Revenue Code, it shall not be subject to withholding under this21   section.22       (3)(a) Except as provided in paragraph (b) of this subsection, the payer of a designated distrib-23   ution shall withhold and be liable for payment of amounts required to be withheld under this section.24       (b) In the case of any plan described in section 401(a), 403(a) or 457(b) of the Internal Revenue25   Code, or section 301(d) of the Tax Reduction Act of 1975, the plan administrator shall withhold and26   be liable for payment of amounts required to be withheld under this section, unless the plan ad-27   ministrator has directed the payer to withhold the tax and has provided the payer with the infor-28   mation required by rule of the department.29       (4)(a) An individual may elect to have no withholding by a payer under subsection (2) of this30   section. If an individual has elected to have no federal withholding from payments or distributions31   described in this section the individual shall be deemed to have elected no withholding for state32   purposes, unless the individual notifies the payer otherwise.33       (b) An election made under this subsection shall be effective as provided under rules34   promulgated by the department. The rules required under this paragraph shall provide the manner35   in which an election may be revoked and when such revocation shall be effective.36       (c) An election made under this subsection does not apply to amounts required to be37   withheld under section 122a of this 2017 Act.38       (5) The payer of any periodic payment or nonperiodic distribution shall give notice to the payee39   of the right to make an election to have no state withholding from the payment or distribution. The40   department shall provide by rule for the time and manner of giving the notice required under this41   subsection.42       (6) Any rules permitted or required to be promulgated by the department under this section43   shall, insofar as is practicable, be consistent with corresponding provisions of section 3405 of the44   Internal Revenue Code and regulations promulgated thereunder.45       (7) Any designated distribution shall be treated as if it were wages paid by an employer to an                                                [128]                                          A-Eng. HB 2017 1   employee within the meaning of ORS 316.162 to 316.221 and section 122a of this 2017 Act for all 2   other purposes of ORS 316.162 to 316.221 and section 122a of this 2017 Act. In the case of any 3   designated distribution not subject to withholding by reason of an election under subsection (4) of 4   this section, the amount withheld shall be treated as zero. 5       SECTION 122e. ORS 316.197 is amended to read: 6       316.197. (1)(a) Except as provided under ORS 316.191 or paragraph (b) of this subsection, within 7   the time that each employer is required to pay over taxes withheld for federal income tax purposes 8   for any period, the employer shall pay over to the Department of Revenue or to a financial agent 9   of the department the amounts required to be withheld under ORS 316.167 and 316.172 and section10   122a of this 2017 Act for the same period. Any employer not required to withhold federal income11   taxes for any period but who is required to deduct and retain amounts from wages paid to an em-12   ployee under ORS 316.167 and 316.172 and section 122a of this 2017 Act for the same period shall13   pay over to the department, or financial agent of the department, taxes withheld for the period,14   within the time and in the manner, as if the employer were required to withhold taxes for the period15   under federal law.16       (b) Notwithstanding the provisions of paragraph (a) of this subsection, any employer of agricul-17   tural employees who is not required to withhold federal income taxes for any period but who is re-18   quired to deduct and retain amounts from wages paid to those employees under ORS 316.167 and19   316.172 shall pay over to the department, or financial agent of the department, taxes so withheld20   at the same time and for the same period for which the employer is required to pay over employer21   and employee taxes under chapter 21 of the Internal Revenue Code (Federal Insurance Contributions22   Act).23       (2) Every amount so paid over shall be accounted for as part of the collections under this24   chapter. No employee has any right of action against an employer in respect of any moneys deducted25   from wages and paid over in compliance or intended compliance with this section.26       (3) If any amount required to be withheld and paid over to the department is delinquent, interest27   shall accrue at the rate prescribed under ORS 305.220 on that amount from the last day of the month28   following the end of the calendar quarter within which the amount was required to be paid to the29   department to the date of payment. The provisions of this subsection shall not relieve any employer30   from liability for a late payment penalty under any other provision of law.31       SECTION 122f. ORS 316.202 is amended to read:32       316.202. (1) With each payment made to the Department of Revenue, every employer shall de-33   liver to the department, on a form prescribed by the department showing the total amount of with-34   held taxes in accordance with ORS 316.167 and 316.172 and section 122a of this 2017 Act, and35   supply such other information as the department may require. The employer is charged with the36   duty of advising the employee of the amount of moneys withheld, in accordance with such regu-37   lations as the department may prescribe, using printed forms furnished or approved by the depart-38   ment for such purpose.39       (2) Except as provided in subsection (4) of this section, every employer shall submit a combined40   quarterly return to the department on a form provided by it showing the number of payments made,41   the withheld taxes paid during the quarter and an explanation of federal withholding taxes as com-42   puted by the employer. The report shall be filed with the department on or before the last day of43   the month following the end of the quarter.44       (3) The employer shall make an annual return to the department on forms provided or approved45   by it, summarizing the total compensation paid and the taxes withheld for all employees during the                                               [129]                                           A-Eng. HB 2017 1   calendar year and shall file the same with the department on or before the due date of the corre- 2   sponding federal return for the year for which report is made. Failure to file the annual report 3   without reasonable excuse on or before the 30th day after notice has been given to the employer 4   of failure subjects the employer to a penalty of $100. The department may by rule require additional 5   information the department finds necessary to substantiate the annual return, including but not 6   limited to copies of federal form W-2 for individual employees, and may prescribe circumstances 7   under which the filing requirement imposed by this subsection is waived. 8       (4) Notwithstanding the provisions of subsection (2) of this section, employers of agricultural 9   employees may submit returns annually showing the number of payments made and the withheld10   taxes paid. However, such employers shall make and file a combined quarterly tax report with re-11   spect to other tax programs, as required by ORS 316.168.12       (5) In addition to any other penalty required by law:13       (a) A person who fails to substantiate a report required under subsection (3) of this section, or14   who files incomplete or incorrect substantiation, shall be subject to a penalty of $50 per federal form15   W-2 after the date on which the substantiation is due, up to a maximum penalty of $2,500.16       (b) A person who knowingly fails to substantiate a report required under subsection (3) of this17   section, or who knowingly files incomplete or incorrect substantiation, shall be subject to a penalty18   of $250 per federal form W-2 after the date on which the substantiation is due, up to a maximum19   penalty of $25,000.20       SECTION 122g. ORS 316.207 is amended to read:21       316.207. (1) Every employer who deducts and retains any amount under ORS 316.162 to 316.22122   and section 122a of this 2017 Act shall hold the same in trust for the State of Oregon and for the23   payment thereof to the Department of Revenue in the manner and at the time provided in ORS24   316.162 to 316.221.25       (2) At any time the employer fails to remit any amount withheld, the department may enforce26   collection by the issuance of a distraint warrant for the collection of the delinquent amount and all27   penalties, interest and collection charges accrued thereon. Such warrant shall be issued, recorded28   and proceeded upon in the same manner and shall have the same force and effect as is prescribed29   with respect to warrants for the collection of delinquent income taxes.30       (3)(a) In the case of an employer that is assessed pursuant to the provisions of ORS 305.265 (12)31   and 314.407 (1), the department may issue a notice of liability to any officer, employee or member32   described in ORS 316.162 (3)(b) of such employer within three years from the time of assessment.33   Within 30 days from the date the notice of liability is mailed to the officer, employee or member,34   such officer, employee or member shall pay the assessment, plus penalties and interest, or advise the35   department in writing of objections to the liability and, if desired, request a conference. Any con-36   ference shall be governed by the provisions of ORS 305.265 pertaining to a conference requested37   from a notice of deficiency.38       (b) After a conference or, if no conference is requested, a determination of the issues considering39   the written objections, the department shall mail the officer, employee or member a conference let-40   ter affirming, canceling or adjusting the notice of liability. Within 90 days from the date the con-41   ference letter is mailed to the officer, employee or member, such officer, employee or member shall42   pay the assessment, plus penalties and interest, or appeal to the tax court in the manner provided43   for an appeal from a notice of assessment.44       (c) If neither payment nor written objection to the notice of liability is received by the depart-45   ment within 30 days after the notice of liability has been mailed, the notice of liability becomes final.                                                 [130]                                          A-Eng. HB 2017 1   In such event, the officer, employee or member may appeal the notice of liability to the tax court 2   within 90 days after it became final in the manner provided for an appeal from a notice of assess- 3   ment. 4       (4)(a) In the case of a failure to file a withholding tax report on the due date, governed by the 5   provisions of ORS 305.265 (10) and 314.400, the department, in addition to the provisions of ORS 6   305.265 (10) and 314.400, may send notices of determination and assessment to any officer, employee 7   or member described in ORS 316.162 (3)(b) any time within three years after the assessment of an 8   employer described in ORS 316.162 (3)(a). The time of assessment against such officer, employee or 9   member shall be 30 days after the date the notice of determination and assessment is mailed. Within10   30 days from the date the notice of determination and assessment is mailed to the officer, employee11   or member, such officer, employee or member shall pay the assessment, plus penalties and interest,12   or advise the department in writing of objections to the assessment, and if desired, request a con-13   ference. Any conference shall be governed by the provisions of ORS 305.265 pertaining to a confer-14   ence requested from a notice of deficiency.15       (b) After a conference or, if no conference is requested, a determination of the issues considering16   the written objections, the department shall mail the officer, employee or member a conference let-17   ter affirming, canceling or adjusting the notice of determination and assessment. Within 90 days18   from the date the conference letter is mailed to the officer, employee or member, such officer, em-19   ployee or member shall pay the assessment, plus penalties and interest, or appeal in the manner20   provided for an appeal from a notice of assessment.21       (c) If neither payment nor written objection to the notice of determination and assessment is22   received by the department within 30 days after the notice of determination and assessment has23   been mailed, the notice of determination and assessment becomes final. In such event, the officer,24   employee or member may appeal the notice of determination and assessment to the tax court within25   90 days after it became final in the manner provided for an appeal from a notice of assessment.26       (5)(a) More than one officer or employee of a corporation may be held jointly and severally lia-27   ble for payment of withheld taxes.28       (b) Notwithstanding the provisions of ORS 314.835, 314.840 or 314.991, if more than one officer29   or employee of a corporation may be held jointly and severally liable for payment of withheld taxes,30   the department may require any or all of the officers, members or employees who may be held liable31   to appear before the department for a joint determination of liability. The department shall notify32   each officer, member or employee of the time and place set for the determination of liability.33       (c) Each person notified of a joint determination under this subsection shall appear and present34   such information as is necessary to establish that person’s liability or nonliability for payment of35   withheld taxes to the department. If any person notified fails to appear, the department shall make36   its determination on the basis of all the information and evidence presented. The department’s de-37   termination shall be binding on all persons notified and required to appear under this subsection.38       (d)(A) If an appeal is taken to the Oregon Tax Court pursuant to ORS 305.404 to 305.560 by any39   person determined to be liable for unpaid withholding taxes under this subsection, each person re-40   quired to appear before the department under this subsection shall be impleaded by the plaintiff.41   The department may implead any officer, employee or member who may be held jointly and severally42   liable for the payment of withheld taxes. Each person impleaded under this paragraph shall be made43   a party to the action before the tax court and shall make available to the tax court such information44   as was presented before the department, as well as such other information as may be presented to45   the court.                                                [131]                                          A-Eng. HB 2017 1       (B) The court may determine that one or more persons impleaded under this paragraph are lia- 2   ble for unpaid withholding taxes without regard to any earlier determination by the department that 3   an impleaded person was not liable for unpaid withholding taxes. 4       (C) If any person required to appear before the court under this subsection fails or refuses to 5   appear or bring such information in part or in whole, or is outside the jurisdiction of the tax court, 6   the court shall make its determination on the basis of all the evidence introduced. All such evidence 7   shall constitute a public record and shall be available to the parties and the court notwithstanding 8   ORS 314.835, 314.840 or 314.991. The determination of the tax court shall be binding on all persons 9   made parties to the action under this subsection.10       (e) Nothing in this section shall be construed to preclude a determination by the department or11   the Oregon Tax Court that more than one officer, employee or member are jointly and severally li-12   able for unpaid withholding taxes.13       SECTION 122h. ORS 316.212 is amended to read:14       316.212. The provisions of the income tax laws in ORS chapters 305 and 314 and this chapter,15   relating to penalties, misdemeanors and jeopardy assessments, apply to employers subject to the16   provisions of ORS 316.162 to 316.221 and section 122a of this 2017 Act, and for these purposes any17   amount deducted or required to be deducted and remitted to the Department of Revenue under ORS18   316.162 to 316.221 and section 122a of this 2017 Act is considered the tax of the employer and with19   respect to such amount the employer is considered as a taxpayer.20       SECTION 122i. Except as otherwise provided in section 122a of this 2017 Act or where the21   context requires otherwise, the provisions of ORS chapters 305 and 314 as to the audit and22   examination of returns, periods of limitation, determination of and notices of deficiencies,23   assessments, collections, liens, delinquencies, claims for refund and refunds, conferences,24   appeals to the Oregon Tax Court, stays of collection pending appeal, confidentiality of re-25   turns and the penalties relative thereto, and the procedures relating thereto, apply to the26   determinations of taxes, penalties and interest under section 122a of this 2017 Act.27       SECTION 122j. (1) All moneys received by the Department of Revenue from the tax im-28   posed under section 122a of this 2017 Act shall be deposited in the State Treasury and cred-29   ited to a suspense account established under ORS 293.445. The department may pay expenses30   for the administration and enforcement of section 122a of this 2017 Act out of moneys re-31   ceived from the tax imposed under section 122a of this 2017 Act. Amounts necessary to pay32   administrative and enforcement expenses are continuously appropriated to the department33   from the suspense account.34       (2) After the payment of administrative and enforcement expenses and refunds or credits35   arising from erroneous overpayments, the department shall credit the balance of the moneys36   received by the department to the Statewide Transportation Improvement Fund established37   under section 122L of this 2017 Act.38       SECTION 122k. Section 122a of this 2017 Act applies to tax periods beginning on or after39   July 1, 2018.40       SECTION 122L. (1) The Statewide Transportation Improvement Fund is established in the41   State Treasury, separate and distinct from the General Fund. Interest earned by the State-42   wide Transportation Improvement Fund shall be credited to the fund. Moneys in the fund43   are continuously appropriated to the Department of Transportation to finance investments44   and improvements in public transportation services, except that the moneys may not be used45   for light rail.                                                [132]                                          A-Eng. HB 2017 1      (2) The Statewide Transportation Improvement Fund consists of: 2      (a) All moneys received from the tax imposed under section 122a of this 2017 Act; 3      (b) Moneys appropriated or otherwise transferred to the fund by the Legislative Assem- 4   bly; and 5      (c) Other moneys deposited in the fund from any source. 6      SECTION 122m. As used in sections 122m to 122p of this 2017 Act: 7      (1) “Public transportation service provider” includes a qualified entity and a city, county, 8   special district, intergovernmental entity or any other political subdivision or municipal or 9   public corporation that provides public transportation services and is not otherwise described10   in subsection (2) of this section.11      (2) “Qualified entity” means the following:12      (a) Counties in which no part of a mass transit district or transportation district exists;13      (b) Mass transit districts organized under ORS 267.010 to 267.390;14      (c) Transportation districts organized under ORS 267.510 to 267.650; and15      (d) Federally recognized Indian tribes.16      SECTION 122n. (1) The Oregon Transportation Commission shall distribute the moneys17   in the Statewide Transportation Improvement Fund established under section 122L of this18   2017 Act as follows:19      (a) Conditioned upon the commission’s approval of a public transportation improvement20   plan, 90 percent to qualified entities;21      (b) Five percent to public transportation service providers based on a competitive grant22   program adopted by the commission by rule;23      (c) Four percent to public transportation service providers to provide funding assistance24   to cover the costs of improving public transportation services between two or more com-25   munities; and26      (d) One percent to the Department of Transportation to establish a statewide public27   transportation technical resource center, the purpose of which is to assist public transpor-28   tation service providers in rural areas with training, transportation planning and information29   technology.30      (2) For purposes of the percentage distributions under subsection (1)(a) of this section:31      (a) Each distribution must be in such shares that the amount of tax paid, as required32   under section 122a of this 2017 Act, in the area of each qualified entity bears to the total33   amount of the tax paid statewide, provided that each qualified entity receives an annual34   amount of at least $100,000.35      (b) Each public transportation service provider that receives funding under this section36   shall receive at least a share that the amount of the tax paid, as required under section 122a37   of this 2017 Act, in the area served by the provider bears to the amount of tax paid in the38   area of the respective qualified entity in which the public transportation service provider39   provides services.40      (c) If more than one mass transit district or transportation district is located within a41   single county, the commission shall distribute the moneys to the larger district.42      (3) The commission shall adopt by rule:43      (a) A competitive grant program, by which a public transportation service provider may44   apply for a percentage distribution under subsection (1)(b) of this section, and the terms and45   conditions of grants.                                               [133]                                        A-Eng. HB 2017 1      (b) A competitive grant program, by which a public transportation service provider may 2   apply for a percentage distribution under subsection (1)(c) of this section, and the terms and 3   conditions of grants. 4      (c) A process to review and approve a public transportation improvement plan submitted 5   under subsection (4) of this section. 6      (d) Procedures for appealing a rejection of a public transportation improvement plan 7   submitted under subsection (4) of this section. 8      (e) Any other provisions or procedures that are necessary for the commission to carry 9   out the provisions of sections 122n to 122p of this 2017 Act.10      (4) To be eligible to receive a percentage distribution under subsection (1)(a) of this sec-11   tion, a qualified entity shall prepare and submit a public transportation improvement plan12   to the commission. The commission must approve the plan submitted by the qualified entity13   before the commission may make a percentage distribution to the qualified entity.14      (5) At a minimum, a public transportation improvement plan submitted under this sec-15   tion must include:16      (a) For each proposed project, the amount of moneys from the percentage distribution17   that would be allocated to the project to fund the following:18      (A) Increased frequency of bus service schedules in communities with a high percentage19   of low-income households;20      (B) Procurement of buses that are powered by natural gas or electricity for use in areas21   with a population of 200,000 or more;22      (C) Implementation of programs to reduce fares for public transportation in communities23   with a high percentage of low-income households;24      (D) Expansion of bus routes and bus services to reach communities with a high per-25   centage of low-income households;26      (E) Improvement in the frequency and reliability of service connections between com-27   munities inside and outside of the qualified entity’s service area; and28      (F) Coordination between public transportation service providers to reduce fragmentation29   in the provision of transportation services;30      (b) For the current fiscal year, a summary of any plans and project proposals approved31   by an advisory committee under section 122o of this 2017 Act; and32      (c) If a qualified entity was a recipient of a percentage distribution in the preceding fiscal33   year, the amount of moneys received from the distribution that were allocated to a project34   for the purposes described under paragraph (a) of this subsection.35      (6) After the commission makes a distribution under subsection (1) of this section, qual-36   ified entities may enter into intergovernmental agreements under ORS chapter 190 to com-37   bine the moneys received for public transportation improvements.38      (7) If the commission rejects a public transportation improvement plan or a grant appli-39   cation submitted under this section, the commission shall notify the entity or provider in40   writing and state the reasons for the rejection.41      (8) The Department of Transportation shall make all grant applications submitted under42   this section available to the public.43      SECTION 122o. (1) The governing body of each qualified entity shall appoint an advisory44   committee to advise and assist the governing body in prioritizing plans or projects to be45   funded from the moneys received from a percentage distribution under section 122n of this                                             [134]                                        A-Eng. HB 2017 1   2017 Act to public transportation service providers that provide services within the jurisdic- 2   tion of the qualified entity. 3       (2) Before receiving funding for a project under section 122n of this 2017 Act, a public 4   transportation service provider that provides services within the jurisdiction of a qualified 5   entity shall submit a plan or project proposal to the governing body of the qualified entity 6   and receive the advisory committee’s approval of the plan or project proposal. The plans or 7   project proposals submitted under this subsection must describe how the funds would be 8   used. 9       (3) An advisory committee appointed under this section shall review every plan or project10   proposal required under subsection (2) of this section and may propose any changes to the11   policies or practices of the governing body that the advisory committee considers necessary12   to ensure that:13       (a) A public transportation service provider that has received funding under section 122n14   of this 2017 Act has applied the moneys received in accordance with and for the purposes15   described in the provider’s plan or project proposal; and16       (b) A plan or project proposal submitted by a public transportation service provider does17   not fragment the provision of public transportation services.18       (4) The Oregon Transportation Commission shall adopt by rule:19       (a) Requirements for the composition of an advisory committee appointed under this20   section;21       (b) Criteria that must be included in a plan or project proposal required under subsection22   (2) of this section; and23       (c) A process by which an advisory committee shall review and approve a plan or project24   proposal.25       SECTION 122p. Every qualified entity shall submit the following to the Department of26   Transportation no later than 30 days prior to the end of the fiscal year in which the qualified27   entity receives a percentage distribution under section 122n of this 2017 Act:28       (1) A report on any actions taken by a public transportation service provider located29   within the area of a qualified entity to mitigate the impact of the tax imposed under section30   122a of this 2017 Act on passengers who reside in low-income communities;31       (2) The adopted annual budget for the upcoming fiscal year; and32       (3) The results of any audits of the qualified entity or of a public transportation service33   provider located within the area of the qualified entity as required by a local, state or federal34   oversight agency for purposes of statewide reporting including, but not limited to:35       (a) The state financial report required under ORS 291.040;36       (b) The results of any comprehensive review completed by the Federal Transit Adminis-37   tration; and38       (c) Any information submitted by the qualified entity as a part of the requirements of a39   statewide audit in accordance with the federal Single Audit Act of 1984 (31 U.S.C. 7501 to40   7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104-156).41       SECTION 122q. On or before February 1, 2020, the Oregon Transportation Commission42   shall submit a report in the manner provided by ORS 192.245 to the Joint Committee on43   Transportation established under section 26 of this 2017 Act on the implementation and44   outcomes of sections 122m to 122p of this 2017 Act.45       SECTION 122r. (1) Sections 122m to 122q of this 2017 Act become operative on January                                              [135]                                         A-Eng. HB 2017 1   1, 2019. 2       (2) The Oregon Transportation Commission and the Department of Transportation may 3   take any action before the operative date specified in subsection (1) of this section that is 4   necessary for the commission or the department to exercise all of the duties, functions and 5   powers conferred on the commission and the department by sections 122m to 122q of this 6   2017 Act. 7 8                                        (Safe Routes to Schools) 910       SECTION 123. (1) The Oregon Transportation Commission may provide matching grants11   under this section for safety improvement projects near schools.12       (2) To qualify for a matching grant an applicant shall:13       (a) Demonstrate that a project fits within the applicable plan developed pursuant to ORS14   195.115;15       (b) Provide a cash match of at least 40 percent of the project’s costs; and16       (c) Provide any other information required by the commission.17       (3) Notwithstanding subsection (2) of this section, the commission may reduce the18   amount the applicant must provide for a cash match. An applicant providing a reduced cash19   match shall provide at least 20 percent of the project’s costs. This subsection applies if:20       (a) The school is located in a city with a population of 5,000 or fewer;21       (b) The project reduces hazards within a safety corridor, as defined by the commission22   by rule; or23       (c) The school site qualifies for assistance under Chapter I of Title I of the federal Ele-24   mentary and Secondary Education Act of 1965.25       (4) The commission shall prioritize the expenditure of funds as authorized under this26   section for projects that are located within a one-mile radius of a school that serves students27   in prekindergarten, kindergarten or grades 1 through 8, or any combination of those grade28   levels, or a school that serves students in kindergarten through grade 12.29       (5) The matching grants shall be used to reduce barriers and hazards to children walking30   or bicycling to and from school, including but not limited to safety improvement projects31   that:32       (a) Improve sidewalks;33       (b) Reduce vehicle speeds;34       (c) Improve pedestrian and bicycle crossings; or35       (d) Create or improve bicycle lanes.36       (6) The commission may adopt rules specifying the application process and the selection37   criteria that will be used in awarding matching grants.38       SECTION 124. ORS 184.740 is amended to read:39       184.740. (1) The Safe Routes to Schools Fund is established separate and distinct from the Gen-40   eral Fund. Interest earned by the Safe Routes to Schools Fund shall be credited to the fund. Moneys41   in the fund are continuously appropriated to the Department of Transportation to implement a safe42   routes to schools program as described in ORS 184.741 and to fund projects described in section43   123 of this 2017 Act.44       (2) The department may apply for, accept, receive and disburse gifts, grants, donations and other45   moneys from the federal government or from any other source to carry out a safe routes to schools                                               [136]                                          A-Eng. HB 2017 1   program. Moneys received by the department under this subsection shall be deposited in the Safe 2   Routes to Schools Fund. 3       (3) The department, in consultation with the Transportation Safety Committee, may award 4   grants from the Safe Routes to Schools Fund to applicants who comply with criteria adopted by the 5   department under ORS 184.741 or who qualify under section 123 of this 2017 Act. 6 7                                          (Roadside Rest Areas) 8 9       SECTION 125. ORS 377.841 is amended to read:10       377.841. (1) The Travel Information Council shall manage, maintain, improve and develop for11   local economic development and other purposes identified in ORS 377.705 roadside rest areas along12   the following highways:13       (a) Interstate 5, northbound, near milepost 63.14       (b) Interstate 5, southbound, near milepost 63.15       (c) Interstate 5, northbound, near milepost 143.16       (d) Interstate 5, southbound, near milepost 143.17       (e) Interstate 5, northbound, near milepost 178.18       (f) Interstate 5, southbound, near milepost 178.19       (g) Interstate 5, northbound, near milepost 206.20       (h) Interstate 5, southbound, near milepost 206.21       (i) Interstate 5, northbound, near milepost 241.22       (j) Interstate 5, southbound, near milepost 241.23       (k) Interstate 5, northbound, near milepost 281.24       (L) Interstate 5, southbound, near milepost 281.25       (m) Interstate 84, eastbound, near milepost 73.26       (n) Interstate 84, westbound, near milepost 73.27       (o) Interstate 84, eastbound, near milepost 160.28       (p) Interstate 84, westbound, near milepost 160.29       (q) Interstate 84, eastbound, near milepost 187.30       (r) Interstate 84, westbound, near milepost 187.31       (s) Interstate 84, eastbound, near milepost 269.32       (t) Interstate 84, westbound, near milepost 269.33       (u) Interstate 84, eastbound, near milepost 295.34       (v) Interstate 84, westbound, near milepost 295.35       (w) Interstate 84, westbound, near milepost 336.36       (x) Interstate 84, westbound, near milepost 377.37       (y) U.S. Highway 26, westbound, near milepost 54.38       (z) U.S. Highway 101, southbound, near milepost 70.39       (2) Subject to subsection (4) of this section, in carrying out the provisions of subsection (1) of40   this section, the council may enter into contracts necessary to accomplish the purposes of sub-41   section (1) of this section.42       (3) The Department of Transportation shall:43       (a) Maintain ownership of any roadside rest area located along an interstate highway that the44   council manages, maintains, improves and develops pursuant to subsection (1) of this section; and45       (b) Enter into an intergovernmental agreement with the council under which the council has the                                                [137]                                            A-Eng. HB 2017 1   authority to manage, maintain, improve and develop those rest areas owned by the department that 2   are listed in subsection (1) of this section. 3       (4) Under the intergovernmental agreement entered into under subsection (3) of this section, the 4   council shall conduct public contracting activities in accordance with the provisions of ORS 377.836. 5       (5) For the purpose of funding the management, maintenance, improvement and development of 6   roadside rest areas under this section, the department shall allocate to the council, [no later than 7   January 2 of each year, $6.55 million] for the period beginning on January 1, 2018, and ending 8   on June 30, 2018, $3.33 million, from the State Highway Fund. 9       (6) The council may not use any moneys originating from a local transient lodging tax or a state10   transient lodging tax, as those terms are defined in ORS 320.300, for the purpose of funding the11   management, maintenance, improvement and development of roadside rest areas under this section.12       SECTION 126. ORS 377.841, as amended by section 125 of this 2017 Act, is amended to read:13       377.841. (1) For the purposes of this section, “roadside rest areas” includes the following14   roadside rest areas in this state:15       (a) Suncrest, Interstate 5, near milepost 22.16       (b) Manzanita, Interstate 5, near milepost 63.17       (c) Cabin Creek, Interstate 5, near milepost 143.18       (d) Gettings Creek, Interstate 5, near milepost 178.19       (e) Oak Grove, Interstate 5, near milepost 206.20       (f) Santiam River, Interstate 5, near milepost 241.21       (g) French Prairie, Interstate 5, near milepost 282.22       (h) Memaloose, Interstate 84, near milepost 73.23       (i) Boardman, Interstate 84, near milepost 161.24       (j) Stanfield, Interstate 84, near milepost 187.25       (k) Deadman Pass, Interstate 84, near milepost 229.26       (L) Charles Reynolds, Interstate 84, near milepost 269.27       (m) Baker Valley, Interstate 84, near milepost 295.28       (n) Weatherby, Interstate 84, near milepost 336.29       (o) Ontario, Interstate 84, near milepost 377.30       (p) The Maples, State Highway 22, near milepost 35.31       (q) Tillamook River, U.S. Highway 101, near milepost 71.32       (r) Sunset, U.S. Highway 26, near milepost 29.33       (s) Cow Canyon, U.S. Highway 97, near milepost 69.34       (t) Beaver Marsh, U.S. Highway 97, near milepost 207.35       (u) Midland, U.S. Highway 97, near milepost 282.36       (v) Government Camp, U.S. Highway 26, near milepost 54.37       [(1)] (2) The Travel Information Council shall manage, maintain, improve and develop for local38   economic development and other purposes identified in ORS 377.705 the roadside rest areas listed39   in subsection (1) of this section. [along the following highways:]40       [(a) Interstate 5, northbound, near milepost 63.]41       [(b) Interstate 5, southbound, near milepost 63.]42       [(c) Interstate 5, northbound, near milepost 143.]43       [(d) Interstate 5, southbound, near milepost 143.]44       [(e) Interstate 5, northbound, near milepost 178.]45       [(f) Interstate 5, southbound, near milepost 178.]                                                     [138]                                            A-Eng. HB 2017 1       [(g) Interstate 5, northbound, near milepost 206.] 2       [(h) Interstate 5, southbound, near milepost 206.] 3       [(i) Interstate 5, northbound, near milepost 241.] 4       [(j) Interstate 5, southbound, near milepost 241.] 5       [(k) Interstate 5, northbound, near milepost 281.] 6       [(L) Interstate 5, southbound, near milepost 281.] 7       [(m) Interstate 84, eastbound, near milepost 73.] 8       [(n) Interstate 84, westbound, near milepost 73.] 9       [(o) Interstate 84, eastbound, near milepost 160.]10       [(p) Interstate 84, westbound, near milepost 160.]11       [(q) Interstate 84, eastbound, near milepost 187.]12       [(r) Interstate 84, westbound, near milepost 187.]13       [(s) Interstate 84, eastbound, near milepost 269.]14       [(t) Interstate 84, westbound, near milepost 269.]15       [(u) Interstate 84, eastbound, near milepost 295.]16       [(v) Interstate 84, westbound, near milepost 295.]17       [(w) Interstate 84, westbound, near milepost 336.]18       [(x) Interstate 84, westbound, near milepost 377.]19       [(y) U.S. Highway 26, westbound, near milepost 54.]20       [(z) U.S. Highway 101, southbound, near milepost 70.]21       [(2) Subject to subsection (4) of this section, in carrying out the provisions of subsection (1) of this22   section, the council may enter into contracts necessary to accomplish the purposes of subsection (1) of23   this section.]24       (3) The Department of Transportation and the State Parks and Recreation Department shall:25       (a) Maintain ownership of [any] the roadside rest [area located along an interstate highway]26   areas, except for the Government Camp roadside rest area listed in subsection (1)(v) of this27   section, that the council manages, maintains, improves and develops pursuant to subsection [(1)] (2)28   of this section; and29       (b) Enter into [an] intergovernmental [agreement] agreements with the council under which the30   council has the authority to manage, maintain, improve and develop those roadside rest areas31   owned by the [department that are listed in subsection (1) of this section] departments.32       (4) Under the intergovernmental [agreement] agreements entered into under subsection (3) of33   this section, the council shall conduct public contracting activities in accordance with the pro-34   visions of ORS 377.836.35       (5) For the purpose of funding the management, maintenance, improvement and development of36   roadside rest areas under this section, the Department of Transportation shall allocate to the37   council, for the period beginning on [January] July 1, 2018, and ending on June 30, [2018] 2019,38   [$3.33] $8.005 million, from the State Highway Fund.39       (6) The council may not use any moneys originating from a local transient lodging tax or a state40   transient lodging tax, as those terms are defined in ORS 320.300, for the purpose of funding the41   management, maintenance, improvement and development of roadside rest areas under this section.42       SECTION 127. ORS 377.841, as amended by sections 125 and 126 of this 2017 Act, is amended43   to read:44       377.841. (1) For the purposes of this section, “roadside rest areas” includes the following45   roadside rest areas in this state:                                                  [139]                                           A-Eng. HB 2017 1       (a) Suncrest, Interstate 5, near milepost 22. 2       (b) Manzanita, Interstate 5, near milepost 63. 3       (c) Cabin Creek, Interstate 5, near milepost 143. 4       (d) Gettings Creek, Interstate 5, near milepost 178. 5       (e) Oak Grove, Interstate 5, near milepost 206. 6       (f) Santiam River, Interstate 5, near milepost 241. 7       (g) French Prairie, Interstate 5, near milepost 282. 8       (h) Memaloose, Interstate 84, near milepost 73. 9       (i) Boardman, Interstate 84, near milepost 161.10       (j) Stanfield, Interstate 84, near milepost 187.11       (k) Deadman Pass, Interstate 84, near milepost 229.12       (L) Charles Reynolds, Interstate 84, near milepost 269.13       (m) Baker Valley, Interstate 84, near milepost 295.14       (n) Weatherby, Interstate 84, near milepost 336.15       (o) Ontario, Interstate 84, near milepost 377.16       (p) The Maples, State Highway 22, near milepost 35.17       (q) Tillamook River, U.S. Highway 101, near milepost 71.18       (r) Sunset, U.S. Highway 26, near milepost 29.19       (s) Cow Canyon, U.S. Highway 97, near milepost 69.20       (t) Beaver Marsh, U.S. Highway 97, near milepost 207.21       (u) Midland, U.S. Highway 97, near milepost 282.22       (v) Government Camp, U.S. Highway 26, near milepost 54.23       (w) Van Duzer Corridor State Park, State Highway 18, near milepost 10.24       (x) Ellmaker Wayside State Park, U.S. Highway 20, near milepost 32.25       (y) Peter Skene Ogden State Park, U.S. Highway 97, near milepost 113.26       (2) The Travel Information Council shall manage, maintain, improve and develop for local eco-27   nomic development and other purposes identified in ORS 377.705 the roadside rest areas listed in28   subsection (1) of this section.29       (3) The Department of Transportation and the State Parks and Recreation Department shall:30       (a) Maintain ownership of the roadside rest areas, except for the Government Camp roadside31   rest area listed in subsection (1)(v) of this section, that the council manages, maintains, improves32   and develops pursuant to subsection (2) of this section; and33       (b) Enter into intergovernmental agreements with the council under which the council has the34   authority to manage, maintain, improve and develop those roadside rest areas owned by the de-35   partments.36       (4) Under the intergovernmental agreements entered into under subsection (3) of this section,37   the council shall conduct public contracting activities in accordance with the provisions of ORS38   377.836.39       (5) For the purpose of funding the management, maintenance, improvement and development of40   roadside rest areas under this section, the Department of Transportation shall allocate to the41   council, [for the period beginning on July 1, 2018, and ending on June 30, 2019, $8.005] no later than42   July 1 of each year, $9.16 million, from the State Highway Fund.43       (6) The council may not use any moneys originating from a local transient lodging tax or a state44   transient lodging tax, as those terms are defined in ORS 320.300, for the purpose of funding the45   management, maintenance, improvement and development of roadside rest areas under this section.                                                 [140]                                          A-Eng. HB 2017 1       SECTION 128. (1) The amendments to ORS 377.841 by section 126 of this 2017 Act become 2   operative on July 1, 2018. 3       (2) The amendments to ORS 377.841 by section 127 of this 2017 Act become operative on 4   July 1, 2019. 5       SECTION 129. (1) The Travel Information Council, after consulting with the Department 6   of Transportation and the State Parks and Recreation Department, shall develop a plan for 7   transitioning the management of the roadside rest areas listed in ORS 377.841 from the de- 8   partments to the council. 9       (2) The council shall provide a report on the transition plan to the Joint Committee on10   Transportation established under section 26 of this 2017 Act in the manner provided by ORS11   192.245 no later than September 15, 2018.12       SECTION 130. At least six months before the management of a roadside rest area listed13   in ORS 377.841 is transferred to the Travel Information Council:14       (1) The state agency transferring the management of the roadside rest area shall provide15   to the council all site maps, interagency and intergovernmental agreements and contracts16   associated with the applicable roadside rest area.17       (2) After receiving the information described in subsection (1) of this section, the council18   shall conduct a full access, on-site inspection of the roadside rest area.19       SECTION 131. For the purpose of funding capital improvements to roadside rest areas20   managed by the Travel Information Council under ORS 377.841, the Department of Trans-21   portation shall allocate each year from the State Highway Fund to the council the following22   amounts:23       (1) During the period beginning July 1, 2018, and ending June 30, 2019, $2.8 million.24       (2) During the period beginning July 1, 2019, and ending June 30, 2020, $5.8 million.25       (3) During the period beginning July 1, 2020, and ending June 30, 2021, $1.5 million.26       (4) During the period beginning July 1, 2021, and ending June 30, 2022, $443,900.27       (5) During the period beginning July 1, 2022, and ending June 30, 2023, $3.6 million.28       (6) During the period beginning July 1, 2023, and ending June 30, 2024, $1.3 million.29       (7) During the period beginning July 1, 2024, and ending June 30, 2025, $3.3 million.30       (8) During the period beginning July 1, 2025, and ending June 30, 2026, $766,000.3132                                   TRANSPORTATION GENERALLY3334       SECTION 132. Section 1, chapter 637, Oregon Laws 2015, is amended to read:35       Sec. 1. (1) As soon as practicable after the operative date determined under section 2, chapter36   637, Oregon Laws 2015, [of this 2015 Act] and until the 60th day following the operative date, the37   City of Damascus shall post notices in at least two public locations in the city and on the website38   of the city stating that:39       (a) Under subsection (2) of this section, the city is required to satisfy all current and pending40   debts and obligations for which the city is liable; and41       (b) Persons believing themselves to be creditors of the city should present claims to the city as42   soon as possible to ensure that all valid debts and obligations for which the city is liable will be43   timely paid.44       (2) Notwithstanding ORS 221.650, during the period that begins on the 30th day following the45   operative date determined under section 2, chapter 637, Oregon Laws 2015, [of this 2015 Act] and                                                [141]                                            A-Eng. HB 2017 1   ends on the 60th day following the operative date: 2       (a) The City of Damascus shall expend moneys in the funds of the city to satisfy: 3       (A) Current and pending debts and obligations for which the city is liable, including, but not 4   limited to, debt service payments, lease obligations, financing arrangements and similar obligations; 5       (B) Outstanding obligations relating to employment of city employees, including pension and 6   other employee benefit obligations; and 7       (C) Other debts, obligations, liabilities and expenses requiring financial satisfaction by a 8   disincorporating city. 9       (b) As soon as practicable after making the expenditures required under paragraph (a) of this10   subsection, the city shall transfer:11       (A) All moneys in the city road fund to Clackamas County for deposit in a separate account in12   the county road fund created for purposes of this subparagraph. Moneys in the separate account13   shall be expended by the county for the purposes for which moneys in the county road fund may be14   expended, solely in the territory within the corporate boundaries of the City of Damascus as they15   existed on the operative date determined under section 2, chapter 637, Oregon Laws 2015 [of this16   2015 Act].17       (B) An amount not to exceed $3 million to Clackamas County for deposit in a separate account18   in the county general fund created for purposes of this subparagraph. Moneys in the separate ac-19   count shall be expended by the county for expenses related to the employment of employees of the20   City of Damascus by Clackamas County pursuant to ORS 236.605 to 236.640, contracted law21   enforcement services within the territory of the disincorporated city and other current service ex-22   penses in the budget of the City of Damascus on the operative date determined under section 2,23   chapter 637, Oregon Laws 2015 [of this 2015 Act], and the administration by the county of this24   subparagraph, including but not limited to the processing of expenditures under this subparagraph.25       (c) The City of Damascus shall transfer all moneys in the funds of the city in excess of the26   moneys required to be expended under paragraph (a) of this subsection and transferred under para-27   graph (b) of this subsection to Clackamas County for deposit in a separate account in the county28   general fund created for purposes of this paragraph. Excess moneys in the separate account shall29   be distributed by the county as provided in subsection (3) of this section.30       (3)(a) Excess moneys transferred to Clackamas County under subsection (2)(c) of this section31   shall be distributed by the county on or as soon as practicable after January 1, 2018, to each person32   that owned taxable property as of June 30, 2016, for which property taxes were paid in full to the33   City of Damascus for the property tax year beginning on July 1, 2015, in an amount determined by34   multiplying the amount of all excess moneys to be distributed under this subsection by the ratio of35   the cumulative amount of ad valorem property taxes certified by the city and paid with respect to36   the property owned by the person for the property tax years beginning on July 1, 2013, and ending37   on June 30, 2016, to the cumulative amount of ad valorem property taxes certified by the city and38   paid with respect to property owned by all persons eligible for the distribution under this subsection39   for the property tax years beginning on July 1, 2013, and ending on June 30, 2016.40       (b) Notwithstanding paragraph (a) of this subsection, amounts that would otherwise be distrib-41   uted under paragraph (a) of this subsection to a taxpayer with respect to a homestead granted42   deferral under ORS 311.666 to 311.701 shall be paid to the credit of the account maintained for the43   deferred property by the Department of Revenue pursuant to ORS 311.676. The county shall notify44   the taxpayer upon making a payment to the department under this paragraph.45       (c) A distribution is not required under this subsection if the amount of the distribution would                                                [142]                                           A-Eng. HB 2017 1   be $10 or less. 2       (d) Before making the distributions described in this subsection, the county may retain an 3   amount of the excess moneys equal to the actual costs of the county in making the distributions. 4       (e) Excess moneys to be distributed under this subsection that remain unclaimed on January 1, 5   2019, shall be transferred to the general fund of Clackamas County and may be expended by the 6   county in the same manner as other moneys in the general fund. 7       (4)(a) Notwithstanding any other provision of law, in order to compensate Clackamas County for 8   the distribution of excess moneys under subsection (3) of this section, for the period that begins on 9   the 61st day following the operative date determined under section 2, chapter 637, Oregon Laws10   2015 [of this 2015 Act], and ending 10 years later[,]:11       (A) Funds that would otherwise have been distributed to the City of Damascus under ORS12   323.455, [366.785 to 366.820,] 403.240 and 471.810 shall be distributed to Clackamas County for deposit13   in a separate account in the general fund of the county created for purposes of this [subsection]14   subparagraph.15       (B) Funds that would otherwise have been distributed to the City of Damascus under16   ORS 366.785 to 366.820 shall be distributed to Clackamas County for deposit in a separate17   account in the general fund of the county created for purposes of this subparagraph.18       (b)(A) Moneys described in paragraph (a)(A) of this subsection shall be expended by the county19   on costs, including the actual costs of the county in administering this subsection, related to public20   safety and law enforcement, urban comprehensive planning, code enforcement and waste water and21   surface water management that are incurred solely in the territory within the corporate boundaries22   of the City of Damascus as they existed on the operative date determined under section 2, chapter23   637, Oregon Laws 2015 [of this 2015 Act].24       (B) Moneys described in paragraph (a)(B) of this subsection shall be expended by the25   county for uses permitted under Article IX, section 3a, of the Oregon Constitution, solely in26   the territory within the corporate boundaries of the City of Damascus as they existed on the27   operative date determined under section 2, chapter 637, Oregon Laws 2015.28       (c) Territory that is removed from the Metro urban growth boundary or that is annexed to an-29   other city during the period described in paragraph (a) of this subsection shall, from the effective30   date of the removal or annexation, be considered outside the corporate boundaries of the City of31   Damascus for purposes of this subsection.32       SECTION 133. ORS 366.462 is amended to read:33       366.462. (1) The Department of Transportation shall construct fences on all freeway overpasses34   that are built on and after November 4, 1993. The fences shall be designed to deter persons from35   throwing objects from the overpasses onto the freeways.36       (2) [Beginning in the fiscal year that starts July 1, 1993,] The Department of Transportation shall37   construct [at least 15] fences [per year] on existing freeway overpasses[. The department shall develop38   a priority system to construct fences first on those overpasses] that involve the greatest risk factors.39       SECTION 134. (1) In accordance with ORS 374.329, the Department of Transportation40   shall transfer jurisdiction of the following state highways to the following cities:41       (a) Pacific Highway West, State Highway 91, from the department to the City of Eugene.42   The department shall transfer the following two portions:43       (A) The portion beginning where the highway intersects with the Beltline Highway and44   ending where the highway intersects with Washington Street, but excluding the bridge at45   milepost 121.42.                                                 [143]                                          A-Eng. HB 2017 1          (B) The portion beginning where the highway intersects with Walnut Street and ending 2   where the highway intersects with Interstate 5, but excluding the bridge at milepost 126.02. 3          (b) Springfield Highway, State Highway 228 to the City of Springfield. 4          (2) Notwithstanding section 71d (4) of this 2017 Act, the department shall use the funds 5   described in section 71d of this 2017 Act for the transfer of Powell Boulevard to upgrade the 6   portion of Southeast Powell Boulevard beginning where the highway intersects with Inter- 7   state 205 and ending where the highway intersects with the city limits. After the upgrades 8   are completed, in accordance with ORS 374.329, the department shall transfer jurisdiction 9   of the upgraded portion to the City of Portland. The department may upgrade and transfer10   portions of the highway in phases.11          (3) In accordance with ORS 366.290:12          (a) The department shall transfer jurisdiction of the portion of Territorial Highway, State13   Highway 200, that is located within Lane County from the department to the county. The14   department may transfer portions of the highway in phases. The department shall retain15   jurisdiction of bridges on Territorial Highway located at milepoints 18.72, 18.98, 19.28 and16   25.49. The department shall transfer the jurisdiction of the bridges after the bridges are re-17   placed.18          (b) The department shall transfer jurisdiction of the portion of the Springfield-Creswell19   Highway, State Highway 222, beginning where it intersects with Jasper-Lowell Road and20   ending where it intersects with Emerald Parkway to Lane County. The department shall re-21   tain jurisdiction of bridges on Springfield-Creswell Highway located at mileposts 5.20, 5.41,22   5.64 and 13.36. The department shall transfer the jurisdiction of a bridge after the bridge is23   replaced.24          (c) Lane County shall transfer jurisdiction of the portion of Delta Highway beginning25   where the highway intersects with Interstate 105 and ending where the highway intersects26   with the Randy Pape Beltline from the county to the department.27          (d) Multnomah County and Washington County shall transfer jurisdiction of the portion28   of Cornelius Pass Road beginning where the highway intersects with U.S. Highway 30 and29   ending where the highway intersects with U.S. Highway 26 from the counties to the depart-30   ment. The counties may transfer portions of the highway in phases.31          SECTION 135. Section 136 of this 2017 Act is added to and made a part of ORS chapter32   366.33          SECTION 136. The Oregon Transportation Commission shall develop a statewide winter34   maintenance strategy and policy that includes the use of rock salt or similar solid salt pro-35   ducts. In developing the strategy, the commission shall focus on highways under the De-36   partment of Transportation’s jurisdiction as the road authority pursuant to ORS 810.010 and37   take into consideration environmental best practices.38          SECTION 137. The Oregon Transportation Commission shall submit a report on the de-39   velopment and implementation of the winter maintenance strategy and policy described in40   section 136 of this 2017 Act. The commission shall submit the report to the Joint Committee41   on Transportation established under section 26 of this 2017 Act in the manner provided under42   ORS 192.245 no later than September 15, 2019.43          SECTION 138. Section 137 of this 2017 Act is repealed on January 2, 2020.44          SECTION 139. (1) Sections 32 and 37 of this 2017 Act and the amendments to ORS 803.420,45   803.645, 818.225, 818.270, 825.450, 825.476 and 825.480 by sections 34, 48, 51, 54, 57, 63 and 66 of                                                [144]                                          A-Eng. HB 2017 1   this 2017 Act become operative on January 1, 2018. 2       (2) The amendments to ORS 826.023 by section 70 of this 2017 Act become operative on 3   January 1, 2020. 4       (3) The amendments to sections 32 and 37 of this 2017 Act by sections 33 and 38 of this 5   2017 Act and the amendments to ORS 803.420 by section 35 of this 2017 Act become operative 6   on January 1, 2022. 7       (4) The amendments to ORS 803.645, 818.225, 818.270, 825.450, 825.476 and 825.480 by 8   sections 49, 52, 55, 58, 64 and 67 of this 2017 Act become operative on January 1, 2024. 910                                                  REPEALS1112       SECTION 140. ORS 184.613, 184.616, 184.618, 184.889 and 367.017 and section 17, chapter13   63, Oregon Laws 2012, are repealed.14       SECTION 141. (1) The Urban Trail Fund, established under ORS 367.017, is abolished.15       (2) Any moneys remaining in the Urban Trail Fund on the effective date of this 2017 Act16   that are unexpended, unobligated and not subject to any conditions shall be transferred to17   the Connect Oregon Fund established under ORS 367.080 for the purposes of providing grants18   for bicycle and pedestrian transportation projects.1920                                      CONFLICT AMENDMENTS2122       SECTION 142. If House Bill 2149 becomes law, section 6, chapter 62, Oregon Laws 201723   (Enrolled House Bill 2149) (amending ORS 803.420), is repealed.24       SECTION 143. If House Bill 2149 becomes law, section 7, chapter 62, Oregon Laws 2017 (En-25   rolled House Bill 2149), is amended to read:26       Sec. 7. (1) The amendments to ORS 801.041, 801.042, 803.350, 803.415[, 803.420] and 805.110 by27   sections [1 to 6 of this 2017 Act] 1 to 5, chapter 62, Oregon Laws 2017 (Enrolled House Bill 2149),28   apply to vehicles registered under ORS 805.110 on or after the effective date of [this 2017 Act]29   chapter 62, Oregon Laws 2017 (Enrolled House Bill 2149).30       (2) [Notwithstanding ORS 803.420 (21) and 805.110,] A person who registered a vehicle under31   ORS 805.110 before the effective date of [this 2017 Act] chapter 62, Oregon Laws 2017 (Enrolled32   House Bill 2149), is not required to pay a renewal fee for the vehicle registered under ORS 805.11033   on or after the effective date of [this 2017 Act] chapter 62, Oregon Laws 2017 (Enrolled House34   Bill 2149).35       SECTION 144. (1) If House Bill 2290 becomes law, sections 3, 6, 10, 11, 12, 13, 14, 15, 16,36   17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, chapter ___, Oregon Laws 2017 (Enrolled House37   Bill 2290) (amending ORS 801.041, 801.042, 803.350, 803.415, 803.420, 803.445, 803.645, 805.047,38   805.103, 805.105, 805.115, 805.205, 805.222, 805.255, 805.260, 805.263, 805.266, 805.278, 805.283 and39   822.213 and section 2, chapter 823, Oregon Laws 2009), are repealed.40       (2) If House Bill 2290 becomes law, section 6a, chapter ___, Oregon Laws 2017 (Enrolled41   House Bill 2290) (amending ORS 803.420 and repealing section 6, chapter ___, Oregon Laws42   2017 (Enrolled House Bill 2290)), is repealed.43       SECTION 145. If House Bill 2290 becomes law, section 31, chapter ___, Oregon Laws 201744   (Enrolled House Bill 2290), is amended to read:45       Sec. 31. The amendments to [ORS 801.041, 801.042, 803.134, 803.350, 803.415, 803.420, 803.445,                                               [145]                                            A-Eng. HB 2017 1   803.575, 803.645, 805.047, 805.103, 805.105, 805.115, 805.205, 805.222, 805.250, 805.255, 805.260, 805.263, 2   805.266, 805.278, 805.283, 807.370, 807.410, 809.312, 822.213 and 822.700 and section 2, chapter 823, 3   Oregon Laws 2009, by sections 1 to 29 of this 2017 Act] ORS 803.090, 803.134, 803.575, 805.250, 4   807.370, 807.410, 809.312 and 822.700 by sections 1 to 29, chapter ___, Oregon Laws 2017 (En- 5   rolled House Bill 2290), apply to fees imposed on or after the operative date specified in section 6   32 [of this 2017 Act], chapter ___, Oregon Laws 2017 (Enrolled House Bill 2290). 7       SECTION 146. If House Bill 2290 becomes law, section 32, chapter ___, Oregon Laws 2017 8   (Enrolled House Bill 2290), is amended to read: 9       Sec. 32. (1) The amendments to [ORS 801.041, 801.042, 803.134, 803.350, 803.415, 803.420, 803.445,10   803.575, 803.645, 805.047, 805.103, 805.105, 805.115, 805.205, 805.222, 805.250, 805.255, 805.260, 805.263,11   805.266, 805.278, 805.283, 807.370, 807.410, 809.312, 822.213 and 822.700 and section 2, chapter 823,12   Oregon Laws 2009, by sections 1 to 29 of this 2017 Act] ORS 803.090, 803.134, 803.575, 805.250,13   807.370, 807.410, 809.312 and 822.700 by sections 1 to 29, chapter ___, Oregon Laws 2017 (En-14   rolled House Bill 2290), become operative on July 1, 2018.15       (2) The Department of Transportation may take any action before the operative date specified16   in subsection (1) of this section that is necessary to enable the department to exercise, on and after17   the operative date specified in subsection (1) of this section, all the duties, functions and powers18   conferred on the department by the amendments to [ORS 801.041, 801.042, 803.134, 803.350, 803.415,19   803.420, 803.445, 803.575, 803.645, 805.047, 805.103, 805.105, 805.115, 805.205, 805.222, 805.250, 805.255,20   805.260, 805.263, 805.266, 805.278, 805.283, 807.370, 807.410, 809.312, 822.213 and 822.700 and section21   2, chapter 823, Oregon Laws 2009, by sections 1 to 29 of this 2017 Act] ORS 803.090, 803.134, 803.575,22   805.250, 807.370, 807.410, 809.312 and 822.700 by sections 1 to 29, chapter ___, Oregon Laws 201723   (Enrolled House Bill 2290).2425                                               SEVERABILITY2627       SECTION 147. It is the intent of the Legislative Assembly that all parts of this 2017 Act28   are independent and that if any part of this 2017 Act is held unconstitutional by a judicial29   decision that is not subject to further review, or if any part of this 2017 Act is referred to30   the people under Article IV, section 1, of the Oregon Constitution, and is not approved by a31   majority of the voters voting on the referendum measure, all remaining parts of this 201732   Act shall remain in full force and effect.3334                        ZERO-EMISSION AND ELECTRIC VEHICLE REBATES35                        (Rebate Program; Provisions Operative January 1, 2018)3637       SECTION 148. As used in sections 148 to 152 of this 2017 Act:38       (1) “Light-duty zero-emission vehicle” means a motor vehicle that:39       (a) Has a gross vehicle weight rating of 8,500 pounds or less;40       (b) Is capable of attaining a speed of 55 miles per hour or more; and41       (c) Is powered:42       (A) Primarily by an electric battery and may or may not use a flywheel energy storage43   device or a capacitor that also stores energy to assist in vehicle operation.44       (B) By polymer electrolyte membrane fuel cells or proton exchange membrane fuel cells45   that use hydrogen fuel and oxygen from the air to produce electricity.                                                  [146]                                            A-Eng. HB 2017 1         (C) Primarily by a zero-emission energy storage device that provides enough power for 2   the vehicle to travel 75 miles or more using only electricity and may or may not use a backup 3   alternative power unit that does not operate until the energy storage device is fully depleted. 4         (2) “Motor vehicle” has the meaning given that term in ORS 801.360. 5         (3) “Person” means a person as defined in ORS 174.100 or a public body as defined in ORS 6   174.109. 7         (4) “Plug-in hybrid electric vehicle” means a hybrid electric motor vehicle that: 8         (a) Has zero evaporative emissions from its fuel system; 9         (b) Has an onboard electrical energy storage device with useful capacity of 10 or more10   miles of urban dynamometer driving schedule range, as described by the United States En-11   vironmental Protection Agency, on electricity alone;12         (c) Is equipped with an onboard charger;13         (d) Is rechargeable from an external connection to an off-board electrical source;14         (e) Meets the super ultra-low emission vehicle standards for exhaust emissions, as de-15   fined by the Environmental Quality Commission by rule;16         (f) Has a warranty of at least 15 years and 150,000 miles on emission control components;17   and18         (g) Is capable of attaining a speed of 55 miles per hour or more.19         (5) “Qualifying vehicle” means a motor vehicle that:20         (a) Is a:21         (A) Light-duty zero-emission vehicle; or22         (B) Plug-in hybrid electric vehicle;23         (b) Is new, or has been previously used only as a dealership floor model or test-drive24   vehicle;25         (c) Has not previously been registered;26         (d) Is constructed entirely from new parts that have never been the subject of a retail27   sale;28         (e) Has a base manufacturer’s suggested retail price of less than $50,000;29         (f) Is covered by a manufacturer’s express warranty on the vehicle drive train, including30   the applicable energy storage system or battery pack, for at least 24 months from the date31   of purchase; and32         (g) Is certified by the manufacturer to comply with all applicable federal safety standards33   issued by the National Highway Traffic Safety Administration for new motor vehicles and34   new motor vehicle equipment.35         (6)(a) “Vehicle dealer” means:36         (A) A person engaged in business in this state that has been issued a vehicle dealer cer-37   tificate under ORS 822.020; and38         (B) A person engaged in business in another state that would be subject to ORS 822.00539   if the person engaged in business in this state.40         (b) Notwithstanding paragraph (a) of this subsection, a person is not a vehicle dealer for41   purposes of sections 148 to 152 of this 2017 Act to the extent the person:42         (A) Conducts an event that lasts less than seven consecutive days, for which the public43   is charged admission and at which otherwise qualifying vehicles are sold at auction; or44         (B) Sells an otherwise qualifying vehicle at auction at an event described in this para-45   graph.                                                  [147]                                        A-Eng. HB 2017 1      SECTION 149. (1) The Department of Environmental Quality shall establish a program 2   for providing rebates to persons that purchase qualifying vehicles for use in this state. The 3   Director of the Department of Environmental Quality may hire or contract with a third- 4   party nonprofit organization to implement and serve as the administrator of the program 5   required by this section. 6      (2) The department may: 7      (a) Specify design features for the program; and 8      (b) Establish procedures to: 9      (A) Prioritize available moneys for specific qualifying vehicles; and10      (B) Limit the number of rebates available for each type of qualifying vehicle.11      (3) The purchaser or lessee of a qualifying vehicle may apply for a rebate for a portion12   of the purchase price or may choose to assign the rebate to a vehicle dealer or lessor.13      (4) Rebates under the program shall be made from moneys credited to or deposited in the14   Zero-Emission Incentive Fund established under section 152 of this 2017 Act. A rebate may15   not be made until there are sufficient moneys available in the fund to make the rebate.16      (5) The department shall prescribe the rebate application procedure for purchasers and17   lessees. All rebate applications must include a declaration under penalty of perjury in the18   form required by ORCP 1 E.19      (6) Rebates for qualifying vehicles shall be set annually by the department as follows:20      (a) For light-duty zero-emission vehicles and plug-in hybrid electric vehicles with an21   electrochemical energy storage capacity of 10 kilowatt hours or more, up to $2,500 but not22   less than $1,500.23      (b) For light-duty zero-emission vehicles or plug-in hybrid electric vehicles with an24   electrochemical energy storage capacity of less than 10 kilowatt hours, up to $1,500 but not25   less than $750.26      (7) To be eligible for a rebate, a person requesting a rebate under the program shall:27      (a) Purchase or lease a qualifying vehicle. A lease must have a minimum term of 2428   months.29      (b) Provide proof of an intent to use the qualifying vehicle primarily on the public high-30   ways of this state, which may be satisfied by providing proof of registration of the qualifying31   vehicle in Oregon.32      (c) Submit an application for a rebate to the administrator of the program within six33   months after the date of purchase of the qualifying vehicle or six months after the date the34   lease of the qualifying vehicle begins.35      (d) Retain registration of the qualifying vehicle for a minimum of 24 consecutive months36   after the date of purchase or the date the lease begins.37      (8) A rebate recipient may not make or allow any modifications to the qualifying vehicle’s38   emissions control systems, hardware, software calibrations or hybrid system.39      (9) If a rebate recipient intends to sell the qualifying vehicle, or terminate the qualifying40   vehicle lease before the end of 24 months, the rebate recipient shall notify the administrator41   of the program of the recipient’s intent to sell the vehicle or terminate the lease and shall42   reimburse the administrator for the entire rebate amount.43      (10) Rebate recipients may be requested to participate in ongoing research efforts.44      (11) The administrator of the program shall work to ensure timely payment of rebates45   with a goal of paying rebates within 60 days after receiving an application for a rebate.                                               [148]                                          A-Eng. HB 2017 1       (12) A vehicle dealer may advertise the program on the premises owned or operated by 2   the vehicle dealer. If no moneys are available from the program or the program otherwise 3   changes, a vehicle dealer who advertises the program may not be held liable for advertising 4   false or misleading information. 5       (13) The Environmental Quality Commission may adopt any rules necessary to carry out 6   the provisions of this section. 7 8                                     (Charge Ahead Oregon Program) 910       SECTION 150. (1) As used in this section:11       (a) “Area median income” means the median income for the metropolitan statistical area12   in which a household is located or, if the household is not located within a metropolitan13   statistical area, for the metropolitan statistical area in closest proximity to the location of14   the household, as determined by the Housing and Community Services Department, adjusted15   for household size.16       (b) “Charge ahead rebate” means a rebate for the purchase of a new or used light-duty17   zero-emission vehicle issued through the Charge Ahead Oregon Program established under18   this section.19       (c) “High-emission passenger motor vehicle” means a motor vehicle that is:20       (A) Designed primarily for the transportation of persons; and21       (B) Powered by an internal combustion engine that is 20 years old or older.22       (d) “Low income household” means a household with income less than or equal to 8023   percent of the area median income.24       (e) “Moderate income household” means a household with income less than or equal to25   120 percent and greater than 80 percent of the area median income.26       (2) The Department of Environmental Quality shall establish a Charge Ahead Oregon27   Program to provide for charge ahead rebates to low income households and moderate income28   households that voluntarily retire or scrap high-emission passenger motor vehicles and re-29   place those motor vehicles with new or used light-duty zero-emission vehicles. The Director30   of the Department of Environmental Quality may hire or contract with a third-party31   nonprofit organization to implement and serve as the administrator of the program required32   by this section.33       (3) The department may:34       (a) Specify design features for the program; and35       (b) Establish procedures to:36       (A) Prioritize available moneys to specific income levels or geographic areas; and37       (B) Limit the number of charge ahead rebates available.38       (4) An eligible purchaser or lessee of a new or used light-duty zero-emission vehicle may39   apply for a charge ahead rebate for a portion of the purchase price or may choose to assign40   the charge ahead rebate to a vehicle dealer or lessor.41       (5) Rebates under the Charge Ahead Oregon Program shall be made from moneys cred-42   ited to or deposited in the Zero-Emission Incentive Fund established under section 152 of this43   2017 Act. A rebate may not be made until there are sufficient moneys available in the fund44   to make the rebate.45       (6) The department shall prescribe the rebate application procedure for purchasers and                                               [149]                                        A-Eng. HB 2017 1   lessees. All rebate applications must include a declaration under penalty of perjury in the 2   form required by ORCP 1 E. 3       (7) Charge ahead rebates shall be in an amount up to $2,500, but not less than $1,250. 4       (8) To be eligible for a charge ahead rebate, a person requesting a rebate under the pro- 5   gram must: 6       (a) Be a member of a low income household or a moderate income household. 7       (b) Reside in an area of this state that has elevated concentrations of air contaminants 8   commonly attributable to motor vehicle emissions, such as particulate matter, benzene and 9   nitrogen oxides, relative to other areas of the state.10       (c) Document that the person will scrap or otherwise render inoperable a high-emission11   passenger motor vehicle that, on the date of the rebate application, is registered as operable12   and has been continuously registered for the last two years.13       (d) Purchase or lease a new or used light-duty zero-emission vehicle. A lease must have14   a minimum term of 24 months.15       (e) Provide proof of an intent to use the light-duty zero-emission vehicle primarily on the16   public highways of this state, which may be satisfied by providing proof of registration of the17   vehicle in Oregon.18       (f) Submit an application for a charge ahead rebate to the administrator of the program19   within six months of the date of purchase or six months from the date the lease begins.20       (g) Retain registration of the light-duty zero-emission vehicle for a minimum of 24 con-21   secutive months following the date of purchase or following the date the lease begins.22       (9) A person that receives a charge ahead rebate may not make or allow any modifica-23   tions to the vehicle’s emissions control systems, hardware, software calibrations or hybrid24   system.25       (10) If a charge ahead rebate recipient intends to sell the vehicle, or otherwise terminate26   the vehicle lease before the end of 24 months, the charge ahead rebate recipient shall notify27   the administrator of the program of the recipient’s intent to sell the vehicle or terminate a28   lease and shall reimburse the administrator for the entire charge ahead rebate amount.29       (11) Charge ahead rebate recipients may be requested to participate in ongoing research30   efforts.31       (12) The administrator of the program shall work to ensure timely payment of charge32   ahead rebates with a goal of paying rebates within 60 days of receiving an application for a33   charge ahead rebate.34       (13) In establishing the Charge Ahead Oregon Program, the department shall provide35   opportunities for public comment by low income households, moderate income households36   and community based organizations that are located in areas of this state that have elevated37   concentrations of air contaminants attributable to motor vehicle emissions, relative to other38   areas of the state. The department shall use the comments received pursuant to this sub-39   section to inform, evaluate, and strengthen the design of the program in order to increase40   the usage of light-duty zero-emission vehicles.41       (14) The administrator of the program shall, throughout the course of implementing the42   program, conduct community outreach to low income households, moderate income house-43   holds and community based organizations that are located in areas of this state that have44   elevated concentrations of air contaminants attributable to motor vehicle emissions, relative45   to other areas of the state, in order to:                                             [150]                                          A-Eng. HB 2017 1      (a) Solicit feedback on program implementation; and 2      (b) Take steps to ensure that the program is promoted effectively. 3      (15) A vehicle dealer may advertise the Charge Ahead Oregon Program on the premises 4   owned or operated by the vehicle dealer.      If no moneys are available from the program or 5   the program otherwise changes, a vehicle dealer who advertises the program may not be held 6   liable for advertising false or misleading information. 7      (16) A charge ahead rebate may be combined with a rebate described in section 149 of this 8   2017 Act. 9      (17) An organization that the department has hired or contracted with to implement and10   serve as the administrator of the program may offer expanded financing mechanisms for11   program participants, including, but not limited to, a loan or loan-loss reserve credit en-12   hancement program to increase consumer access to new or used light-duty zero-emission13   vehicles.14      (18) The Environmental Quality Commission may adopt any rules necessary to carry out15   the provisions of this section.1617                                           (Audits; Reports)1819      SECTION 151. (1) The Department of Environmental Quality shall periodically audit, or20   cause to be audited, the programs established under sections 149 and 150 of this 2017 Act to21   determine whether the programs are being implemented and administered in compliance with22   the provisions of sections 148 to 152 of this 2017 Act.23      (2) No later than September 15 of each even-numbered year, the department shall provide24   a report to the Legislative Assembly, in the manner provided in ORS 192.245, that includes,25   at a minimum:26      (a) A description of the uses to date of moneys in the Zero-Emission Incentive Fund es-27   tablished under section 152 of this 2017 Act;28      (b) An analysis of the effectiveness of the rebate program established under section 14929   of this 2017 Act;30      (c) An analysis of the effectiveness of the Charge Ahead Oregon Program established31   under section 150 of this 2017 Act;32      (d) Recommendations, which may include recommendations for legislation, on ways to33   improve the programs established under sections 149 and 150 of this 2017 Act; and34      (e) The results of any audits conducted under subsection (1) of this section.3536                                     (Zero-Emission Incentive Fund)3738      SECTION 152. (1) The Zero-Emission Incentive Fund is established in the State Treasury,39   separate and distinct from the General Fund. Interest earned by the Zero-Emission Incentive40   Fund shall be credited to the fund.41      (2) Moneys in the Zero-Emission Incentive Fund shall consist of:42      (a) Amounts donated to the fund;43      (b) Amounts transferred to the fund by the Department of Revenue under section 96 of44   this 2017 Act;45      (c) Amounts appropriated or otherwise transferred to the fund by the Legislative As-                                               [151]                                          A-Eng. HB 2017 1   sembly; 2       (d) Other amounts deposited in the fund from any public or private source; and 3       (e) Interest earned by the fund. 4       (3) The Department of Environmental Quality shall encourage gifts, grants, donations or 5   other contributions to the fund. 6       (4) Moneys in the fund are continuously appropriated to the department to be used to 7   carry out the provisions of sections 148 to 152 of this 2017 Act. 8       (5) No more than 10 percent of the moneys deposited in the fund per biennium may be 9   expended to pay the expenses incurred in the administration of sections 148 to 152 of this10   2017 Act by:11       (a) The department; and12       (b) Any third-party organization that the department hires or contracts with under13   sections 149 and 150 of this 2017 Act.14       (6) The Environmental Quality Commission may adopt by rule provisions for the allo-15   cation of moneys deposited in the fund between the programs established under sections 14916   and 150 of this 2017 Act. Rules adopted under this subsection must require that at least 1017   percent of the moneys deposited in the fund per biennium are allocated to fund the provision18   of rebates through the Charge Ahead Oregon Program established under section 150 of this19   2017 Act.2021                         (Rebate Program; Provisions Operative January 1, 2019)2223       SECTION 153. The amendments to sections 148 and 149 of this 2017 Act by sections 15424   and 155 of this 2017 Act become operative January 1, 2019.25       SECTION 154. Section 148 of this 2017 Act is amended to read:26       Sec. 148. As used in sections 148 to 152 of this 2017 Act:27       (1) “Light-duty zero-emission vehicle” means a motor vehicle that:28       (a) Has a gross vehicle weight rating of 8,500 pounds or less;29       (b) Is capable of attaining a speed of 55 miles per hour or more; and30       (c) Is powered:31       (A) Primarily by an electric battery and may or may not use a flywheel energy storage device32   or a capacitor that also stores energy to assist in vehicle operation.33       (B) By polymer electrolyte membrane fuel cells or proton exchange membrane fuel cells that use34   hydrogen fuel and oxygen from the air to produce electricity.35       (C) Primarily by a zero-emission energy storage device that provides enough power for the ve-36   hicle to travel 75 miles or more using only electricity and may or may not use a backup alternative37   power unit that does not operate until the energy storage device is fully depleted.38       (2) “Motor vehicle” has the meaning given that term in ORS 801.360.39       (3) “Neighborhood electric vehicle” means a low-speed vehicle that:40       (a) Is powered using an electric battery;41       (b) Has a gross vehicle weight not exceeding 3,000 pounds; and42       (c) Has at least four wheels.43       [(3)] (4) “Person” means a person as defined in ORS 174.100 or a public body as defined in ORS44   174.109.45       [(4)] (5) “Plug-in hybrid electric vehicle” means a hybrid electric motor vehicle that:                                                [152]                                             A-Eng. HB 2017 1         (a) Has zero evaporative emissions from its fuel system; 2         (b) Has an onboard electrical energy storage device with useful capacity of 10 or more miles 3   of urban dynamometer driving schedule range, as described by the United States Environmental 4   Protection Agency, on electricity alone; 5         (c) Is equipped with an onboard charger; 6         (d) Is rechargeable from an external connection to an off-board electrical source; 7         (e) Meets the super ultra-low emission vehicle standards for exhaust emissions, as defined by the 8   Environmental Quality Commission by rule; 9         (f) Has a warranty of at least 15 years and 150,000 miles on emission control components; and10         (g) Is capable of attaining a speed of 55 miles per hour or more.11         [(5)] (6) “Qualifying vehicle” means a motor vehicle that:12         (a) Is a:13         (A) Light-duty zero-emission vehicle; or14         (B) Plug-in hybrid electric vehicle;15         (b) Is new, or has been previously used only as a dealership floor model or test-drive vehicle;16         (c) Has not previously been registered;17         (d) Is constructed entirely from new parts that have never been the subject of a retail sale;18         (e) Has a base manufacturer’s suggested retail price of less than $50,000;19         (f) Is covered by a manufacturer’s express warranty on the vehicle drive train, including the20   applicable energy storage system or battery pack, for at least 24 months from the date of purchase;21   and22         (g) Is certified by the manufacturer to comply with all applicable federal safety standards issued23   by the National Highway Traffic Safety Administration for new motor vehicles and new motor ve-24   hicle equipment.25         [(6)(a)] (7)(a) “Vehicle dealer” means:26         (A) A person engaged in business in this state that has been issued a vehicle dealer certificate27   under ORS 822.020; and28         (B) A person engaged in business in another state that would be subject to ORS 822.005 if the29   person engaged in business in this state.30         (b) Notwithstanding paragraph (a) of this subsection, a person is not a vehicle dealer for pur-31   poses of sections 148 to 152 of this 2017 Act to the extent the person:32         (A) Conducts an event that lasts less than seven consecutive days, for which the public is33   charged admission and at which otherwise qualifying vehicles are sold at auction; or34         (B) Sells an otherwise qualifying vehicle at auction at an event described in this paragraph.35         (8) “Zero-emission motorcycle” means a motorcycle that:36         (a) Has zero evaporative emissions from its fuel system;37         (b) Is capable of attaining a speed of 55 miles per hour or more;38         (c) Is designed to travel on two wheels; and39         (d) Is powered by electricity.40         SECTION 155. Section 149 of this 2017 Act is amended to read:41         Sec. 149. (1) The Department of Environmental Quality shall establish a program for providing42   rebates to persons that purchase qualifying vehicles for use in this state. The Director of the De-43   partment of Environmental Quality may hire or contract with a third-party nonprofit organization44   to implement and serve as the administrator of the program required by this section.45         (2) The department may:                                                     [153]                                             A-Eng. HB 2017 1       (a) Specify design features for the program; and 2       (b) Establish procedures to: 3       (A) Prioritize available moneys for specific qualifying vehicles; and 4       (B) Limit the number of rebates available for each type of qualifying vehicle. 5       (3) The purchaser or lessee of a qualifying vehicle may apply for a rebate for a portion of the 6   purchase price or may choose to assign the rebate to a vehicle dealer or lessor. 7       (4) Rebates under the program shall be made from moneys credited to or deposited in the Zero- 8   Emission Incentive Fund established under section 152 of this 2017 Act. A rebate may not be made 9   until there are sufficient moneys available in the fund to make the rebate.10       (5) The department shall prescribe the rebate application procedure for purchasers and lessees.11   All rebate applications must include a declaration under penalty of perjury in the form required by12   ORCP 1 E.13       (6) Rebates for qualifying vehicles shall be set annually by the department as follows:14       (a) For light-duty zero-emission vehicles and plug-in hybrid electric vehicles with an15   electrochemical energy storage capacity of 10 kilowatt hours or more, up to $2,500 but no less than16   $1,500.17       (b)   For   light-duty   zero-emission   vehicles   or   plug-in   hybrid   electric   vehicles   with   an18   electrochemical energy storage capacity of less than 10 kilowatt hours, up to $1,500 but no less than19   $750.20       (c) For neighborhood electric vehicles, up to $750 but not less than $375.21       (d) For zero-emission motorcycles, up to $750 but not less than $375.22       (7) To be eligible for a rebate, a person requesting a rebate under the program shall:23       (a) Purchase or lease a qualifying vehicle. A lease must have a minimum term of 24 months.24       (b) Provide proof of an intent to use the qualifying vehicle primarily on the public highways of25   this state, which may be satisfied by providing proof of registration of the qualifying vehicle in26   Oregon.27       (c) Submit an application for a rebate to the administrator of the program within six months28   after the date of purchase of the qualifying vehicle or six months after the date the lease of the29   qualifying vehicle begins.30       (d) Retain registration of the qualifying vehicle for a minimum of 24 consecutive months after31   the date of purchase or the date the lease begins.32       (8) A rebate recipient may not make or allow any modifications to the qualifying vehicle’s33   emissions control systems, hardware, software calibrations or hybrid system.34       (9) If a rebate recipient intends to sell the qualifying vehicle, or terminate the qualifying vehicle35   lease before the end of 24 months, the rebate recipient shall notify the administrator of the program36   of the recipient’s intent to sell the vehicle or terminate the lease and shall reimburse the adminis-37   trator for the entire rebate amount.38       (10) Rebate recipients may be requested to participate in ongoing research efforts.39       (11) The administrator of the program shall work to ensure timely payment of rebates with a40   goal of paying rebates within 60 days after receiving an application for a rebate.41       (12) A vehicle dealer may advertise the program on the premises owned or operated by the ve-42   hicle dealer. If no moneys are available from the program or the program otherwise changes, a ve-43   hicle dealer who advertises the program may not be held liable for advertising false or misleading44   information.45       (13) The Environmental Quality Commission may adopt any rules necessary to carry out the                                                   [154]                                         A-Eng. HB 2017 1   provisions of this section. 2 3                                            (Miscellaneous) 4 5       SECTION 156. Rebates may be issued under sections 149 and 150 of this 2017 Act for 6   motor vehicles purchased or leased on or after the effective date of this 2017 Act. 7       SECTION 157. (1) Sections 148 to 152 of this 2017 Act are repealed on January 2, 2024. 8       (2) Any moneys remaining in the Zero-Emission Incentive Fund established under section 9   152 of this 2017 Act on the date of the repeal specified in subsection (1) of this subsection10   that are unexpended, unobligated and not subject to any conditions shall be transferred by11   the State Treasurer to the credit of an account of the Department of Environmental Quality12   to be used for vehicle emission reduction programs.1314                                  LOW CARBON FUEL STANDARDS15                                 (Provisions Operative January 1, 2018)1617       SECTION 158. (1) Sections 159 and 161 to 167 of this 2017 Act are added to and made a18   part of ORS chapter 468A.19       (2) ORS 468A.275 is added to and made a part of sections 159 to 167 of this 2017 Act.20       SECTION 159. As used in sections 159 to 167 of this 2017 Act:21       (1) “Biodiesel” means a motor vehicle fuel consisting of mono-alkyl esters of long chain22   fatty acids derived from vegetable oils, animal fats or other nonpetroleum resources, not23   including palm oil.24       (2) “Clean fuels program” means the program adopted by rule by the Environmental25   Quality Commission under ORS 468A.275 (1)(b).26       (3) “Compliance period” means the calendar year during which a regulated party must27   demonstrate compliance with the low carbon fuel standards through participation in the28   clean fuels program.29       (4) “Credit” means a unit of measure generated when a fuel with a carbon intensity that30   is less than the applicable low carbon fuel standard is produced, imported or dispensed for31   use in Oregon, such that one credit is equal to one metric ton of carbon dioxide equivalent.32       (5) “Credit aggregator” means a person who voluntarily registers to participate in the33   clean fuels program to facilitate credit generation on behalf of a credit generator and to34   trade credits with regulated parties, credit generators and other credit aggregators.35       (6) “Credit generator” means a person eligible to generate credits by providing fuels for36   use in Oregon with carbon intensities less than the applicable low carbon fuel standard.37       (7) “Deferral” means a delay or change in the applicability of a scheduled applicable low38   carbon fuel standard for a period of time, accomplished pursuant to an order issued under39   section 164 or 165 of this 2017 Act.40       (8) “Deficit” means a unit of measure generated when a fuel with a carbon intensity that41   is more than the applicable low carbon fuel standard is produced, imported or dispensed for42   use in Oregon, such that one deficit is equal to one metric ton of carbon dioxide equivalent.43       (9) “Greenhouse gas” has the meaning given that term in ORS 468A.210.44       (10) “Low carbon fuel standard” means a standard adopted by the commission by rule45   under ORS 468A.275 for the reduction of greenhouse gas emissions, on average, per unit of                                              [155]                                             A-Eng. HB 2017 1   fuel energy. 2       (11) “Motor vehicle” has the meaning given that term in ORS 801.360. 3       (12) “Regulated party” means a person responsible for complying with the low carbon fuel 4   standards. 5       (13) “Small deficit” means a net deficit balance at the end of a compliance period, after 6   retirement of all credits held by a regulated party, that does not exceed a percentage set by 7   the commission by rule of the total number of deficits that the regulated party generated for 8   a compliance period and that may not be greater than 10 percent of the total number of 9   deficits that the regulated party generated for a compliance period.10       SECTION 160. ORS 468A.275 is amended to read:11       468A.275. [(1) As used in this section:]12       [(a) “Greenhouse gas” has the meaning given that term in ORS 468A.210.]13       [(b) “Low carbon fuel standards” means standards for the reduction of greenhouse gas emissions,14   on average, per unit of fuel energy.]15       [(c) “Motor vehicle” has the meaning given that term in ORS 801.360.]16       [(2)(a)] (1) The Environmental Quality Commission, by rule:17       (a) Shall adopt [by rule] low carbon fuel standards for gasoline, diesel and fuels used as substi-18   tutes or alternatives for gasoline or diesel[.]; and19       (b) Shall adopt a clean fuels program for facilitating compliance with the low carbon fuel20   standards and for managing and containing the costs of compliance with the low carbon fuel21   standards, in accordance with the requirements of sections 159 to 167 of this 2017 Act.22       [(b)] (2) The commission may adopt [the following] rules related to the low carbon fuel stan-23   dards, including but not limited to:24       [(A)] (a) A schedule to phase in implementation of the standards in a manner that reduces the25   average amount of greenhouse gas emissions per unit of fuel energy of the fuels by 10 percent below26   2010 levels by the year 2025 or by a later date if the commission determines that an extension is27   appropriate to implement the low carbon fuel standards;28       [(B)] (b) Standards for greenhouse gas emissions attributable to the fuels throughout [their29   lifecycles] the lifecycles of the fuels, including but not limited to emissions from the production,30   storage, transportation and combustion of the fuels and from changes in land use associated with31   the fuels;32       [(C)] (c) Provisions allowing the use of all types of low carbon fuels to meet the low carbon fuel33   standards, including but not limited to biofuels, biogas, natural gas, liquefied petroleum gas, gaso-34   line, diesel, hydrogen and electricity;35       [(D) Standards for the issuance of deferrals, established with adequate lead time, as necessary to36   ensure adequate fuel supplies;]37       [(E)] (d) Exemptions for fuels that are used in volumes below thresholds established by the38   commission;39       [(F)] (e) Standards, specifications, testing requirements and other measures as needed to ensure40   the quality of fuels produced in accordance with the low carbon fuel standards, including but not41   limited to the requirements of ORS 646.910 to 646.923 and administrative rules adopted by the State42   Department of Agriculture for motor fuel quality; and43       [(G)] (f) Adjustments to the amounts of greenhouse gas emissions per unit of fuel energy as-44   signed to fuels for combustion and drive train efficiency.45       [(c)] (3) Before adopting low carbon fuel standards under this section, the commission shall                                                    [156]                                            A-Eng. HB 2017 1   consider the low carbon fuel standards of other states[, including but not limited to Washington,] for 2   the purpose of determining schedules and goals for the reduction of the average amount of 3   greenhouse gas emissions per unit of fuel energy and the default values for these reductions for 4   applicable fuels. 5       [(d) The commission shall adopt by rule provisions for managing and containing the costs of com- 6   pliance with the standards, including but not limited to provisions to facilitate compliance with the 7   standards by ensuring that persons may obtain credits for fuels used as substitutes for gasoline or 8   diesel and by creating opportunities for persons to trade credits.] 9       [(e)] (4) The commission shall exempt from the low carbon fuel standards any person who im-10   ports in a calendar year less than 500,000 gallons of gasoline and diesel fuel, in total. Any fuel im-11   ported by persons that are related or share common ownership or control shall be aggregated12   together to determine whether a person is exempt under this [paragraph] subsection.13       [(f)(A) The commission by rule shall prohibit fuels that contain biodiesel from being considered an14   alternative fuel under these standards unless the fuel meets the following standards:]15       [(i) Fuel that consists entirely of biodiesel, designated as B100, shall comply with ASTM D 675116   and shall have an oxidation stability induction period of not less than eight hours as determined by17   the test method described in European standard EN 15751; and]18       [(ii) Fuel that consists of a blend of diesel fuel and between 6 and 20 volume percent biodiesel, and19   designated as biodiesel blends B6 to B20, shall comply with ASTM D 7467 and shall have an20   oxidation stability induction period of not less than 20 hours as determined by the test method de-21   scribed in European standard EN 15751.]22       [(B) The commission may adopt rules different from those required under subparagraph (A) of this23   paragraph if an ASTM or EN standard applicable to biodiesel is approved or amended after March24   12, 2015, or if the commission finds that different rules are necessary due to changes in technology or25   fuel testing or production methods.]26       [(C) As used in this subsection, “biodiesel” means a motor vehicle fuel consisting of mono-alkyl27   esters of long chain fatty acids derived from vegetable oils, animal fats or other nonpetroleum re-28   sources, not including palm oil.]29       [(3)] (5) In adopting rules under this section, the [Environmental Quality] commission shall30   evaluate:31       (a) Safety, feasibility, net reduction of greenhouse gas emissions and cost-effectiveness;32       (b) Potential adverse impacts to public health and the environment, including but not limited to33   air quality, water quality and the generation and disposal of waste in this state;34       (c) Flexible implementation approaches to minimize compliance costs; and35       (d) Technical and economic studies of comparable greenhouse gas emissions reduction measures36   implemented in other states and any other studies as determined by the commission.37       [(4)(a) The provisions of this section do not apply to fuel that is demonstrated to have been used38   in any of the following:]39       [(A) Motor vehicles registered as farm vehicles under the provisions of ORS 805.300.]40       [(B) Farm tractors, as defined in ORS 801.265.]41       [(C) Implements of husbandry, as defined in ORS 801.310.]42       [(D) Motor trucks, as defined in ORS 801.355, used primarily to transport logs.]43       [(E) Motor vehicles that are not designed primarily to transport persons or property, that are op-44   erated on highways only incidentally, and that are used primarily for construction work.]45       [(F) Watercraft.]                                                 [157]                                           A-Eng. HB 2017 1       [(G) Railroad locomotives.] 2       [(b) The Environmental Quality Commission shall by rule adopt standards for persons to qualify 3   for the exemptions provided in this subsection.] 4       SECTION 161. (1) The Environmental Quality Commission by rule shall prohibit fuel that 5   consists entirely of biodiesel, designated as B100, from being considered a low carbon fuel 6   under the low carbon fuel standards unless the fuel complies with ASTM D 6751 and has an 7   oxidation stability induction period of not less than eight hours as determined by the test 8   method described in European standard EN 15751. 9       (2) The commission may adopt rules different from those required under subsection (1)10   of this section if an ASTM or EN standard applicable to biodiesel is approved or amended11   after March 12, 2015, or if the commission finds that different rules are necessary due to12   changes in technology or fuel testing or production methods.13       SECTION 162. (1) The clean fuels program adopted by the Environmental Quality Com-14   mission by rule under ORS 468A.275 must be designed such that:15       (a) Regulated parties generate deficits and may reconcile the deficits, and thus comply16   with the low carbon fuel standards for a compliance period, by obtaining and retiring credits;17       (b) Regulated parties and credit generators may generate credits for fuels used as sub-18   stitutes or alternatives for gasoline or diesel;19       (c) Regulated parties, credit generators and credit aggregators shall have opportunities20   to trade credits; and21       (d) Regulated parties shall be allowed to carry over to the next compliance period a small22   deficit without penalty.23       (2) The Department of Environmental Quality shall, throughout a compliance period,24   regularly monitor the availability of fuels needed for compliance with the low carbon fuel25   standards.26       (3)(a) Under the clean fuels program, the department shall monthly calculate the27   volume-weighted average price of credits and, no later than the last day of the month im-28   mediately following the month for which the calculation is completed, post the formula and29   the nonaggregated data the department used for the calculation and the results of the cal-30   culation on the department’s website.31       (b) In completing the calculation required by this subsection, the department may ex-32   clude from the data set credit transfers without a price or other credit transfers made for33   a price that falls two standard deviations outside of the mean credit price for the month.34   The data posted on the department’s website under this section may not include any indi-35   vidually identifiable information or information that would otherwise constitute a trade se-36   cret under ORS 192.501.37       (4)(a) In addition to the calculation required under subsection (3) of this section, the de-38   partment shall annually calculate for the preceding calendar year:39       (A) The average cost or cost-savings of the low carbon fuel standards per gallon of gas-40   oline and per gallon of diesel; and41       (B) The total greenhouse gas emissions reductions attributable to the low carbon fuel42   standards.43       (b) No later than April 15 of each year, the department shall post the formula the de-44   partment used for the calculations required by this subsection and the results of the calcu-45   lations on the department’s website.                                                 [158]                                        A-Eng. HB 2017 1      (c) The State Department of Agriculture shall furnish the formula and results of the 2   calculations required by this subsection to each gas station in this state to facilitate com- 3   pliance by gas station owners or operators with ORS 646.932. 4      SECTION 163. (1) The division of the Oregon Department of Administrative Services that 5   serves as office of economic analysis shall annually coordinate with the Department of En- 6   vironmental Quality to develop a fuel supply forecast to project the availability of fuels to 7   Oregon necessary for compliance with the low carbon fuel standards. The fuel supply fore- 8   cast shall include, but need not be limited to, the following with reference to the next com- 9   pliance period of the clean fuels program:10      (a) An estimate of the potential volumes of gasoline, gasoline substitutes and gasoline11   alternatives and diesel, diesel fuel substitutes and diesel alternatives available to Oregon;12      (b) An estimate of the total banked credits and carried over deficits held by regulated13   parties, credit generators and credit aggregators at the beginning of the compliance period14   and an estimate of the total credits attributable to fuels described in paragraph (a) of this15   subsection;16      (c) An estimate of the credits needed to meet the scheduled applicable low carbon fuel17   standard during the forecast compliance period; and18      (d) A comparison of the estimates under paragraphs (a) and (b) of this subsection with19   the estimate under paragraph (c) of this subsection to indicate the availability of fuels needed20   for compliance with the low carbon fuel standards.21      (2) In developing the estimate required under subsection (1)(a) of this section, the divi-22   sion shall consider, but need not be limited to considering:23      (a) Constraints that may be preventing access to available and cost-effective low carbon24   fuels by Oregon, such as geographic and logistical factors, and alleviating factors to the25   constraints; and26      (b) The existing and future vehicle fleet in Oregon.27      (3) The division may appoint, in coordination with the Department of Environmental28   Quality, a forecast review team of relevant experts to participate in the fuel supply forecast29   or examination of data required by this section. The team may perform any functions as-30   signed by the division, including but not limited to consulting on the design of the forecast.31   The forecast required by this section must be completed and provided to the department no32   later than 90 calendar days before the commencement of the compliance period for which the33   forecast is developed.34      SECTION 164. (1) No later than 30 calendar days before the commencement of a compli-35   ance period, the Department of Environmental Quality shall issue an order declaring a36   forecast deferral if the fuel supply forecast developed under section 163 of this 2017 Act37   projects that the amount of credits that will be available during the forecast compliance pe-38   riod will be less than 100 percent of the credits projected to be necessary for regulated par-39   ties to comply with the scheduled applicable low carbon fuel standard for the forecast40   compliance period.41      (2) An order declaring a forecast deferral under this section must set forth:42      (a) The duration of the forecast deferral;43      (b) The types of fuel to which the forecast deferral applies; and44      (c) Which of the following methods the department has selected for deferring compliance45   with the scheduled applicable low carbon fuel standard during the forecast deferral:                                             [159]                                        A-Eng. HB 2017 1       (A) Temporarily adjusting the scheduled applicable low carbon fuel standard to a stand- 2   ard identified in the order that better reflects the forecast availability of credits during the 3   forecast compliance period and requiring regulated parties to comply with the temporary 4   standard; 5       (B) Requiring regulated parties to comply only with the low carbon fuel standard appli- 6   cable during the compliance period prior to the forecast compliance period; or 7       (C) Suspending deficit accrual for part or all of the forecast deferral period. 8       (3)(a) In implementing a forecast deferral, the department may take an action for defer- 9   ring compliance with the low carbon fuel standard other than, or in addition to, selecting a10   method under subsection (2)(c) of this section only if the department determines that none11   of the methods under subsection (2)(c) of this section will provide a sufficient mechanism for12   containing the costs of compliance with the low carbon fuel standards during the forecast13   deferral.14       (b) If the department makes the determination specified in paragraph (a) of this sub-15   section, the department shall:16       (A) Include in the order declaring a forecast deferral the determination and the action17   to be taken; and18       (B) Provide written notification and justification of the determination and the action to:19       (i) The Governor;20       (ii) The President of the Senate;21       (iii) The Speaker of the House of Representatives;22       (iv) The majority and minority leaders of the Senate; and23       (v) The majority and minority leaders of the House of Representatives.24       (4) The duration of a forecast deferral may not be less than one calendar quarter or25   longer than one compliance period. Only the Environmental Quality Commission may termi-26   nate, by order, a forecast deferral before the expiration date of the forecast deferral. Ter-27   mination of a forecast deferral is effective on the first day of the next calendar quarter after28   the date that the order declaring the termination is adopted.29       SECTION 165. (1) The Department of Environmental Quality shall issue an order declar-30   ing an emergency deferral:31       (a) No later than 15 calendar days after the date that the department determines that:32       (A) There is a known shortage of a fuel or low carbon fuel that is needed for regulated33   parties to comply with the low carbon fuel standard; and34       (B) The magnitude of the shortage of that fuel is greater than the equivalent of five35   percent of the amount of the fuel forecasted to be available during the effective compliance36   period; or37       (b) Immediately upon the issuance by the Governor of a proclamation, executive order38   or directive pursuant to ORS 176.750 to 176.815 declaring an energy emergency due to a39   shortage of gasoline or diesel.40       (2) An order declaring an emergency deferral under this section must set forth:41       (a) The duration of the emergency deferral;42       (b) The types of fuel to which the emergency deferral applies; and43       (c) Which of the following methods the department has selected for deferring compliance44   with the scheduled applicable low carbon fuel standard during the emergency deferral:45       (A) Temporarily adjusting the scheduled applicable low carbon fuel standard to a stand-                                             [160]                                       A-Eng. HB 2017 1   ard identified in the order that better reflects the availability of credits during the emer- 2   gency deferral and requiring regulated parties to comply with the temporary standard; 3      (B) Allowing for the carryover of deficits accrued during the emergency deferral into one 4   or more future compliance periods without penalty; or 5      (C) Suspending deficit accrual during the emergency deferral period. 6      (3)(a) In implementing an emergency deferral, the department may take an action for 7   deferring compliance with the low carbon fuel standard other than, or in addition to, select- 8   ing a method under subsection (2)(c) of this section only if the department determines that 9   none of the methods under subsection (2)(c) of this section will provide a sufficient mech-10   anism for containing the costs of compliance with the low carbon fuel standards during the11   emergency deferral.12      (b) If the department makes the determination specified in paragraph (a) of this sub-13   section, the department shall:14      (A) Include in the order declaring an emergency deferral the determination and the15   action to be taken; and16      (B) Provide written notification and justification of the determination and the action to:17      (i) The Governor;18      (ii) The President of the Senate;19      (iii) The Speaker of the House of Representatives;20      (iv) The majority and minority leaders of the Senate; and21      (v) The majority and minority leaders of the House of Representatives.22      (4)(a) Except as provided in paragraph (b) of this subsection, the duration of an emer-23   gency deferral:24      (A) Implemented using the method described in subsection (2)(c)(A) of this section may25   not be less than one calendar quarter; and26      (B) Implemented using a method described in subsection (2)(c)(B) or (C) or subsection (3)27   of this section may not be less than 30 calendar days.28      (b) An emergency deferral may not continue past the end of the compliance period during29   which the emergency deferral is issued.30      (c) An emergency deferral may be terminated prior to the expiration date of the emer-31   gency deferral only if new information becomes available indicating that the shortage for32   which the emergency deferral was issued has ended. Only the Environmental Quality Com-33   mission may terminate, by order, an emergency deferral before the expiration date of the34   emergency deferral. Termination of an emergency deferral is effective 15 calendar days after35   the date that the order declaring the termination is adopted.36      SECTION 166. (1) The clean fuels program adopted by the Environmental Quality Com-37   mission by rule under ORS 468A.275 must include provisions necessary for the Department38   of Environmental Quality to hold credit clearance markets as a means to facilitate compli-39   ance with the low carbon fuel standards.40      (2)(a) The department shall hold a credit clearance market for any compliance period in41   which at least one regulated party reports that the regulated party has a net deficit balance42   at the end of the compliance period, after retirement of all credits held by the regulated43   party, that is greater than a small deficit. A regulated party described by this paragraph is44   required to participate in the credit clearance market.45      (b) If a regulated party has a small deficit at the end of a compliance period, the regu-                                            [161]                                        A-Eng. HB 2017 1   lated party shall notify the department that it will achieve compliance with the low carbon 2   fuel standard during the compliance period by either: 3      (A) Participating in a credit clearance market; or 4      (B) Carrying forward the small deficit. 5      (3) For purposes of administering a credit clearance market required by this section, the 6   department shall: 7      (a) Allow any regulated party, credit generator or credit aggregator that holds excess 8   credits at the end of a compliance period to voluntarily participate in the credit clearance 9   market as a seller by pledging a specified number of credits for sale in the market.10      (b) Require each regulated party participating in the credit clearance market as a pur-11   chaser of credits to:12      (A) Have retired all credits in the party’s possession prior to participating in the credit13   clearance market; and14      (B) Purchase the specified number of the total pledged credits that the department has15   determined are that party’s pro rata share of the pledged credits.16      (c) Require all sellers to:17      (A) Agree to sell pledged credits at a price no higher than a maximum price for credits;18      (B) Accept all offers to purchase pledged credits at the maximum price for credits; and19      (C) Agree to withhold any pledged credits from sale outside the credit clearance market20   until the credit clearance market is closed.21      (4)(a) The commission shall set the maximum price for credits in a credit clearance22   market, which may not exceed $200 for 2018.23      (b) For 2019 and subsequent years, the maximum price for credits may exceed $200, but24   only to the extent that a greater maximum price for credits is necessary to annually adjust25   for inflation, beginning on January 1, 2019, pursuant to the increase, if any, from the pre-26   ceding calendar year in the West Region Consumer Price Index for All Urban Consumers for27   All Items, as published by the Bureau of Labor Statistics of the United States Department28   of Labor.29      (5) A regulated party that has a net deficit balance after the close of a credit clearance30   market:31      (a) Must carry over the remaining deficits into the next compliance period; and32      (b) May not be subject to interest greater than five percent, penalties or assertions of33   noncompliance that accrue based on the carryover of deficits under this subsection.34      (6) If a regulated party has been required under subsection (2) of this section to partic-35   ipate as a purchaser in two consecutive credit clearance markets and continues to have a36   net deficit balance after the close of the second consecutive credit clearance market, the37   Department of Environmental Quality shall complete, no later than two months after the38   close of the second credit clearance market, an analysis of the root cause of the inability of39   the regulated party to retire the remaining deficits. The department may recommend and40   implement any remedy that the department determines is necessary to address the root41   cause identified in the analysis, including but not limited to issuing a deferral, provided that42   the remedy implemented does not:43      (a) Require the regulated party to purchase credits for an amount that exceeds the44   maximum price for credits in the most recent credit clearance market; or45      (b) Compel a person to sell credits.                                               [162]                                          A-Eng. HB 2017 1       (7) If credits sold in a credit clearance market are subsequently invalidated as a result 2   of fraud or any other form of noncompliance on the part of the generator of the credit, the 3   department may not pursue civil penalties against, or require credit replacement by, the 4   regulated party that purchased the credits unless the regulated party was a party to the 5   fraud or other form of noncompliance. 6       (8) The department may not disclose the deficit balances or pro rata share purchase re- 7   quirements of a regulated party that participates in the credit clearance market. 8       SECTION 167. (1) In addition to rules adopted under ORS 468A.275 and section 161 of this 9   2017 Act, the Environmental Quality Commission may adopt rules necessary to carry out the10   provisions of sections 159 to 167 of this 2017 Act, including but not limited to standards for11   persons to qualify for exemptions provided for in subsection (2) of this section.12       (2) The provisions of sections 159 to 167 of this 2017 Act do not apply to fuel that is13   demonstrated to have been used in any of the following:14       (a) Motor vehicles registered as farm vehicles under the provisions of ORS 805.300.15       (b) Farm tractors, as defined in ORS 801.265.16       (c) Implements of husbandry, as defined in ORS 801.310.17       (d) Motor trucks, as defined in ORS 801.355, used primarily to transport logs.18       (e) Motor vehicles that are not designed primarily to transport persons or property, that19   are operated on highways only incidentally and that are used primarily for construction20   work.21       (f) Watercraft.22       (g) Railroad locomotives.2324                                (Provisions Operative January 1, 2019)2526       SECTION 168. The amendments to section 165 of this 2017 Act by section 169 of this 201727   Act become operative on January 1, 2019.28       SECTION 169. Section 165 of this 2017 Act is amended to read:29       Sec. 165. (1) The Department of Environmental Quality shall issue an order declaring an emer-30   gency deferral:31       (a) No later than 15 calendar days after the date that the department determines that:32       (A) There is a known shortage of a fuel or low carbon fuel that is needed for regulated parties33   to comply with the low carbon fuel standard; and34       (B) The magnitude of the shortage of that fuel is greater than the equivalent of five percent of35   the amount of the fuel forecasted to be available during the effective compliance period; or36       (b) Immediately upon the issuance by the Governor of a proclamation, executive order or di-37   rective pursuant to ORS 176.750 to 176.815 declaring an energy emergency due to a shortage of38   gasoline or diesel.39       (2) An order declaring an emergency deferral under this section must set forth:40       (a) The duration of the emergency deferral;41       (b) The types of fuel to which the emergency deferral applies; and42       (c) Which of the following methods the department has selected for deferring compliance with43   the scheduled applicable low carbon fuel standard during the emergency deferral:44       (A) Temporarily adjusting the scheduled applicable low carbon fuel standard to a standard45   identified in the order that better reflects the availability of credits during the emergency deferral                                                [163]                                             A-Eng. HB 2017 1   and requiring regulated parties to comply with the temporary standard; 2       (B) Allowing for the carryover of deficits accrued during the emergency deferral into one or 3   more future compliance periods without penalty; or 4       (C) Suspending deficit accrual during the emergency deferral period. 5       (3)(a) In implementing an emergency deferral, the department may take an action for deferring 6   compliance with the low carbon fuel standard other than, or in addition to, selecting a method under 7   subsection (2)(c) of this section only if the department determines that none of the methods under 8   subsection (2)(c) of this section will provide a sufficient mechanism for containing the costs of 9   compliance with the low carbon fuel standards during the emergency deferral.10       (b) If the department makes the determination specified in paragraph (a) of this subsection, the11   department shall:12       (A) Include in the order declaring an emergency deferral the determination and the action to13   be taken; and14       (B) Provide written notification and justification of the determination and the action to:15       (i) The Governor;16       (ii) The President of the Senate;17       (iii) The Speaker of the House of Representatives;18       (iv) The majority and minority leaders of the Senate; and19       (v) The majority and minority leaders of the House of Representatives.20       (4)(a) Except as provided in paragraph (b) of this subsection, the duration of an emergency21   deferral:22       (A) Implemented using the method described in subsection (2)(c)(A) of this section may not be23   less than one calendar quarter; and24       (B) Implemented using a method described in subsection (2)(c)(B) or (C) or subsection (3) of this25   section may not be less than 30 calendar days.26       (b) An emergency deferral may not continue past the end of the compliance period during which27   the emergency deferral is issued.28       (c) An emergency deferral may be terminated prior to the expiration date of the emergency29   deferral only if new information becomes available indicating that the shortage for which the30   emergency deferral was issued has ended. Only the Environmental Quality Commission may termi-31   nate, by order, an emergency deferral before the expiration date of the emergency deferral. Termi-32   nation of an emergency deferral is effective 15 calendar days after the date that the order declaring33   the termination is adopted.34       (5) If the department determines during a compliance period that the volume-weighted35   moving average price of credits for a consecutive three-month period increased by 100 per-36   cent   or   more    over   the volume-weighted moving average price of credits for the37   previous consecutive three-month period, or if the department otherwise determines that38   abnormal market behavior exists, the department shall complete, no later than two months39   after the determination is made, an analysis of the root cause of the price volatility. The40   department may recommend and implement any remedy that the department determines is41   necessary to address market stability based on the root cause analysis, including but not42   limited to issuing an emergency deferral, provided that the remedy implemented does not:43       (a) Require a regulated party to purchase credits for an amount that exceeds the maxi-44   mum price for credits in the most recent credit clearance market; or45       (b) Compel a person to sell credits.                                                 [164]                                           A-Eng. HB 2017 1                                            (Program Review) 2 3       SECTION 170. (1) The Department of Environmental Quality shall, no later than Febru- 4   ary 1, 2022, complete a review of the clean fuels program and submit a report on the 5   department’s review to the interim committees of the Legislative Assembly related to envi- 6   ronment and natural resources in the manner provided by ORS 192.245. 7       (2) The review required by this section must consider all program compliance data 8   available and must include, but need not be limited to, a review of the following: 9       (a) The progress of this state, through implementation of sections 159 to 167 of this 201710   Act and rules adopted pursuant to sections 159 to 167 of this 2017 Act, toward achieving the11   goal of reducing the average amount of greenhouse gas emissions per unit of fuel energy of12   the fuels by 10 percent below 2010 levels by the year 2025.13       (b) The environmental, economic, health and other benefits realized through the imple-14   mentation of sections 159 to 167 of this 2017 Act and rules adopted pursuant to sections 15915   to 167 of this 2017 Act, including but not limited to the economic benefits of supplying low16   carbon fuels or electric vehicle charging and related infrastructure.17       (c) The projected availability of low carbon fuels and credits through the year 2025, using18   the methodology described in section 163 (2) of this 2017 Act.19       (d) Additional mechanisms that may be necessary to manage and contain the costs of20   compliance with the low carbon fuel standards.21       (e) Whether adjustments to the low carbon fuel standards or the clean fuels program are22   necessary, including for purposes of achieving regional harmonization and consistency with23   the strategy described in ORS 184.617 (1)(j).24       (f) The effects of the maximum price for credits in the credit clearance market, as pro-25   vided for in section 166 of this 2017 Act, on implementation of sections 159 to 167 of this 201726   Act.27       (g) Adjustments that could serve to strengthen and enhance the low carbon fuel stan-28   dards or the clean fuels program in terms of increased emissions reductions or other net29   benefits attributable to the standards or program.30       (3) The review conducted by the department under this section must take into consider-31   ation the fuel supply forecast required by section 163 of this 2017 Act and may be conducted32   in coordination with the division of the Oregon Department of Administrative Services that33   serves as office of economic analysis.3435                         INDICATION OF INFLUENCE OF LOW CARBON FUEL36                                STANDARDS ON COST OF GASOLINE3738       SECTION 171. ORS 646.932 is amended to read:39       646.932. (1) As used in this section, “gas station” includes a filling station, service station, ga-40   rage or any other place where gasoline is sold for use in motor vehicles.41       (2) The owner or operator of a gas station shall post, in a manner visible to customers, the fol-42   lowing information:43       (a) The amount of the price per gallon that is federal tax;44       (b) The amount of the price per gallon that is state tax;45       (c) The amount of the price per gallon that is local tax; and                                                [165]                                           A-Eng. HB 2017 1       (d) The total amount of federal, state and local taxes per gallon. 2       (3) The Department of Transportation shall furnish the information described in subsection (2) 3   of this section to each gas station in [the] this state. 4       (4) The owner or operator of a gas station may disclose to customers the cost, per gallon 5   of gasoline and diesel, of the low carbon fuel standards adopted by rule under ORS 468A.275 6   after viewing on the Department of Environmental Quality’s website or receiving from the 7   State Department of Agriculture the annual calculations described in section 162 of this 2017 8   Act. An owner or operator that posts the cost per gallon of the low carbon fuel standard 9   shall also post the calculation of the concurrent total greenhouse gas emissions reductions10   attributable to the low carbon fuel standard. The owner or operator may make the disclo-11   sures provided for in this subsection by:12       (a) Posting the disclosures on a gasoline pump in a manner that is visible to customers;13       (b) Printing the disclosures on a receipt that the owner or operator provides to a cus-14   tomer; or15       (c) Otherwise displaying the disclosures near the point of payment or another location16   that is visible to customers.17       SECTION 172. The amendments to ORS 646.932 by section 171 of this 2017 Act apply to18   any transaction for a purchase of gasoline or diesel in this state that occurs on or after the19   operative date specified in section 173 of this 2017 Act.2021                                             MISCELLANEOUS22                                              (Operative Date)2324       SECTION 173. (1) Sections 158, 159 and 161 to 167 of this 2017 Act and the amendments25   to ORS 468A.275 and 646.932 by sections 160 and 171 of this 2017 Act become operative on26   January 1, 2018.27       (2) The Environmental Quality Commission may adopt rules and the commission, the28   Department of Environmental Quality and the Oregon Department of Administrative Ser-29   vices may take any action before the operative date specified in subsection (1) of this section30   that is necessary for the commission and the departments to exercise, on and after the op-31   erative date specified in subsection (1) of this section, all of the duties, functions and powers32   conferred on the commission and the departments by sections 158, 159 and 161 to 167 of this33   2017 Act and the amendments to ORS 468A.275 and 646.932 by sections 160 and 171 of this 201734   Act.    Rules adopted by the commission under this subsection become operative January 1,35   2018.3637                          (Rules Adoption, Applicability of ORS 468A.275 (5))3839       SECTION 174. The requirements of ORS 468A.275 (5) do not apply to the rulemaking by40   the Environmental Quality Commission beginning before the operative date specified in sec-41   tion 173 of this 2017 Act that is necessary for initial implementation of sections 158, 159 and42   161 to 167 of this 2017 Act and the amendments to ORS 468A.275 and 646.932 by sections 16043   and 171 of this 2017 Act.4445                                                 CAPTIONS                                                 [166]                                      A-Eng. HB 20171      SECTION 175. The unit and section captions used in this 2017 Act are provided only for2   the convenience of the reader and do not become part of the statutory law of this state or3   express any legislative intent in the enactment of this 2017 Act.45                                        EFFECTIVE DATE67      SECTION 176. This 2017 Act takes effect on the 91st day after the date on which the 20178   regular session of the Seventy-ninth Legislative Assembly adjourns sine die.9                                           [167]