ORS 367.095
Tax and fee distribution and projects


(1)

The following amounts shall be distributed in the manner prescribed in this section:

(a)

The amount attributable to the increase in tax rates by section 45, chapter 750, Oregon Laws 2017, and the amendments to ORS 319.020 (Monthly statement by dealer) and 319.530 (Imposition of tax) by sections 40 to 43, chapter 750, Oregon Laws 2017.

(b)

The amount attributable to the vehicle registration and title fees imposed under ORS 803.091 (Title fees based on miles per gallon) and 803.422 (Registration fees based on miles per gallon).

(c)

The amount attributable to the increase in taxes and fees by the amendments to ORS 803.420 (Registration fees), 803.645 (Fees for trip permits), 818.225 (Road use assessment fee for single-trip nondivisible load permittee), 818.270 (Fees for permits), 825.476 (Carrier tax tables), 825.480 (Substitute taxes for certain vehicles) and 826.023 (Fees for cards, plates and stickers) by sections 34, 35, 48, 49, 51, 52, 54, 63, 64, 66, 67 and 70, chapter 750, Oregon Laws 2017.

(2)

The amounts described in subsection (1) of this section shall be distributed in the following order and for the following purposes:

(a)

Intentionally left blank —Ed.

(A)

For calendar years beginning on or after January 1, 2022, $30 million per year shall be used to pay for:
(i)
The Interstate 5 Rose Quarter Project;
(ii)
The Interstate 205 Improvements: Stafford Road to Oregon Route 213 Project;
(iii)
The Interstate 5 Boone Bridge and Seismic Improvement Project; and
(iv)
The implementation of the toll program established under ORS 383.150 (Toll program).

(B)

The amount described in subparagraph (A) of this paragraph shall be used to pay for costs, including project costs on a current basis and paying for debt service on bonds issued to finance the projects or toll program, only until the later of the date on which the projects or toll program is completed or on which all bonds issued to fund the projects or toll program have been repaid. Any remaining moneys shall be distributed as described in subsection (3) of this section.

(b)

$10 million per year shall be deposited into the Safe Routes to Schools Fund for the purpose of providing Safe Routes to Schools matching grants under ORS 184.742 (Matching grant program). The remainder of the moneys shall be distributed as described in subsection (3) of this section.

(3)

The moneys described in subsection (1) of this section that remain after the allocation of moneys described in subsection (2) of this section shall be allocated as follows:

(a)

50 percent to the Department of Transportation.

(b)

30 percent to counties for distribution as provided in ORS 366.762 (Appropriation from highway fund for counties).

(c)

20 percent to cities for distribution as provided in ORS 366.800 (Appropriation from highway fund for cities).

(4)

The moneys described in subsection (3)(a) of this section or equivalent amounts that become available to the Department of Transportation shall be allocated as follows:

(a)

$10 million for safety.

(b)

Of the remaining balance:

(A)

Forty percent for bridges.

(B)

Thirty percent for seismic improvements related to highways and bridges.

(C)

Twenty-four percent for state highway pavement preservation and culverts.

(D)

Six percent for state highway maintenance and safety improvements. [2017 c.750 §71a; 2017 c.750 §71b; 2018 c.93 §§30c,30d; 2019 c.491 §46; 2021 c.630 §130]
Note: The amendments to 367.095 (Tax and fee distribution and projects) by section 47, chapter 491, Oregon Laws 2019, become operative January 1, 2023. See section 48, chapter 491, Oregon Laws 2019. The text that is operative on and after January 1, 2023, including amendments by section 131, chapter 630, Oregon Laws 2021, is set forth for the user’s convenience.
367.095 (Tax and fee distribution and projects). (1) The following amounts shall be distributed in the manner prescribed in this section:

(a)

The amount attributable to the increase in tax rates by section 45, chapter 750, Oregon Laws 2017, and the amendments to ORS 319.020 (Monthly statement by dealer) and 319.530 (Imposition of tax) by sections 40 to 43, chapter 750, Oregon Laws 2017.

(b)

The amount attributable to the vehicle registration and title fees imposed under ORS 803.091 (Title fees based on miles per gallon) and 803.422 (Registration fees based on miles per gallon).

(c)

The amount attributable to the increase in taxes and fees by the amendments to ORS 803.420 (Registration fees), 803.645 (Fees for trip permits), 818.225 (Road use assessment fee for single-trip nondivisible load permittee), 825.476 (Carrier tax tables), 825.480 (Substitute taxes for certain vehicles) and 826.023 (Fees for cards, plates and stickers) by sections 34, 35, 48, 49, 51, 52, 63, 64, 66, 67 and 70, chapter 750, Oregon Laws 2017.

(2)

The amounts described in subsection (1) of this section shall be distributed in the following order and for the following purposes:

(a)

Intentionally left blank —Ed.

(A)

$30 million per year shall be used to pay for:
(i)
The Interstate 5 Rose Quarter Project;
(ii)
The Interstate 205 Improvements: Stafford Road to Oregon Route 213 Project;
(iii)
The Interstate 5 Boone Bridge and Seismic Improvement Project; and
(iv)
The implementation of the toll program established under ORS 383.150 (Toll program).

(B)

The amount described in subparagraph (A) of this paragraph shall be used to pay for costs, including project costs on a current basis and paying for debt service on bonds issued to finance the projects or toll program, only until the later of the date on which the projects or toll program is completed or on which all bonds issued to fund the projects or toll program have been repaid. Any remaining moneys shall be distributed as described in subsection (3) of this section.

(b)

$15 million per year shall be deposited into the Safe Routes to Schools Fund for the purpose of providing Safe Routes to Schools matching grants under ORS 184.742 (Matching grant program). The remainder of the moneys shall be distributed as described in subsection (3) of this section.

(3)

The moneys described in subsection (1) of this section that remain after the allocation of moneys described in subsection (2) of this section shall be allocated as follows:

(a)

50 percent to the Department of Transportation.

(b)

30 percent to counties for distribution as provided in ORS 366.762 (Appropriation from highway fund for counties).

(c)

20 percent to cities for distribution as provided in ORS 366.800 (Appropriation from highway fund for cities).

(4)

The moneys described in subsection (3)(a) of this section or equivalent amounts that become available to the Department of Transportation shall be allocated as follows:

(a)

$10 million for safety.

(b)

Of the remaining balance:

(A)

Forty percent for bridges.

(B)

Thirty percent for seismic improvements related to highways and bridges.

(C)

Twenty-four percent for state highway pavement preservation and culverts.

(D)

Six percent for state highway maintenance and safety improvements.
Note: 367.095 (Tax and fee distribution and projects) and 367.097 (Debt service) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 367 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 367.095 — Tax and fee distribution and projects, https://www.­oregonlegislature.­gov/bills_laws/ors/ors367.­html.

367.010
Definitions for chapter
367.015
Oregon Transportation Infrastructure Fund
367.020
Loans and other assistance to public and private entities
367.025
Issuance of infrastructure bonds
367.030
Issuance of revenue bonds
367.035
Loans to municipalities
367.040
Loans to state agencies
367.050
Powers of department
367.055
Federal stimulus moneys
367.060
Department pledge to ensure loan guarantees
367.066
Definitions for ORS 367.066 and 367.067
367.067
Short Line Credit Premium Account
367.070
Industrial Rail Spur Fund
367.080
Connect Oregon Fund
367.081
Distribution of amounts in Connect Oregon Fund
367.082
Grants from Connect Oregon Fund
367.084
Selection of projects
367.086
Administration of projects
367.091
Multimodal Active Transportation Fund
367.093
Grants from Multimodal Active Transportation Fund
367.095
Tax and fee distribution and projects
367.097
Debt service
367.105
Short-term borrowing
367.161
Definitions for ORS 367.161 to 367.181
367.163
Purposes for which bonds may be issued
367.166
Requirements for grant anticipation revenue bonds
367.168
Revenue declaration
367.171
Indenture
367.173
Moneys that may be used for payment of grant anticipation revenue bonds
367.176
Refunding grant anticipation revenue bonds
367.178
Collection and use of federal transportation funds
367.181
Limits on obligation of grant anticipation revenue bonds
367.555
Authority to issue general obligation bonds
367.560
Disposition and use of general obligation bond proceeds
367.565
Procedure for issuing general obligation bonds under ORS 367.555 to 367.600
367.595
Setting aside sufficient moneys to pay maturing obligations
367.600
Compliance with constitutional debt limits
367.605
Source of funds to secure Highway User Tax Bonds
367.615
Bond issuance
367.617
Allocation of bonds
367.620
Limitation on bond amount
367.621
Use of private sector resources in specified work
367.622
Preservation and modernization projects funded by specified bonds
367.623
Consultation with local governments for project selection
367.630
Highway revenue declaration
367.635
Bond form, issuance and maturity
367.640
Indenture
367.645
Reserve account
367.650
Trust indenture to secure bonds
367.655
Loan of bond proceeds to cities and counties
367.660
Lien on certain moneys pledged for bonds
367.665
Interest on bonds exempt from state income tax
367.700
Authority to sell limited amount of bonds under ORS 367.700 to 367.750
367.705
Use of funds
367.710
Repayment by city or county
367.715
Procedure for issuing bonds under ORS 367.700 to 367.750
367.745
Setting aside sufficient moneys to pay maturing bonds
367.750
Constitutional debt limits not to be exceeded
367.800
Findings
367.802
Definitions
367.804
Goals of Oregon Innovative Partnerships Program
367.806
Agreements
367.808
Evaluation of proposed agreements
367.810
State Transportation Enterprise Fund
367.812
Bonds secured by State Transportation Enterprise Fund
367.814
Moneys from federal government or other sources
367.816
Use of moneys in Oregon Transportation Infrastructure Fund for projects
367.818
Eminent domain powers
367.820
Creation of district
367.822
Advisory committees on transportation projects
367.824
Rules
367.850
Alternatives to meeting funding requirements of transportation planning rule
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