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AccountabilitySection 6: Long Range Plans. The Oregon Transportation Commission is required to develop and maintain long range plans. Section 6 restates the direction given to maintain the Oregon Transportation Plan and its supporting modal plans.The concerns raised include that some modes of transportation, such as aviation and ports, are not within the purview of the agency and that plans must include fiscally-constrained lists of projects needed to maintain and develop infrastructure for at least 20 years. Section 10: Continuous Improvement Advisory Committee. The section directs the Oregon Transportation Commission to appoint a Continuous Improvement Advisory Committee. Its membership is composed of ODOT employees and transportation stakeholders. The COIC concept was based on a similarly named committee that is statutorily designated to advise the Colorado Transportation Commission.The concern raised is that there are no sideboards on what groups comprise “transportation stakeholders” to ensure balanced perspectives.Section 14: Proximity to Aggregate Sites. Section 14 modifies project selection for the Statewide Transportation Improvement Program (STIP). It adds proximity of a project to aggregate mining or processing sites to the list of STIP project selection criteria. In addition, Section 80 adds this criterion to the Connect Oregon project selection process. Aggregate and gravel are essential components of most transportation projects. The concern is that the criterion’s intent is unclear.Section 20(2): Cross references for ODOT Director Appointment. With OTC now appointing the ODOT Director, two statutory cross-references must be changed: ORS 171.562 and ORS 171.565 both reference appointments made by the Governor, and will now need to reference either appointments in general that are subject to Senate confirmation, or else should reference appointments by the Governor or OTC. [suggested by Heidi Elliott]Section 85: Report on Streamlining ConnectOregon Process. Section 85 requires the Department of Transportation to report to the Joint Transportation Committee on its efforts to streamline the ConnectOregon application process by September 15, 2017. However, the Joint Committee will not be appointed until October, as the measure does not take effect until that time, necessitating modification of the required reporting date.The required report date should be September 15, 2018. [suggested by Heidi Elliott]Tax and Fee IncreasesSection 34: Registration Fee Increases. Section 34 increases registration fees for classes of vehicles other than autos, pickup, vans, SUVs etc. Increases include the fee for antique vehicles ($100 from $54) and special interest vehicles ($100 from $81). The fee increases keep these fees in proportion to the surcharges.The concern raised was that these fee increases had not been discussed and that the increases seemed high. They should be reviewed. Section 39k. ORS 805.205 covers the disposition of the proceeds from specialty plate sales. ORS 805.205(6)(b) references the “Bicycle Transportation Alliance and Cycle Oregon.” The Bicycle Transportation Alliance has changed its name to “The Street Trust Community Fund.” [Corrected name provided by Gerik Kransky]Section 45: Conditional Fuel Tax Increases. The increases that would go into effect on January 1, 2022 and January 1, 2024 are conditioned upon the Oregon Transportation certifying among other things, that all jurisdictions that would receive fuel tax revenue from the increase are in compliance with the least cost contracting requirements in ORS 279C.305. Public Contracting / Least Cost Contracting. The concern raised is that subsections (2)(a)(G) and (3)(a)(G) set up a situation where one jurisdiction in a dispute over compliance with ORS 279C.305 could derail the anticipated increase in fuel taxes.“Shovel-ready.” Another required OTC report is a list of the “shovel-ready” projects that would use the revenue raised by the conditional increase in the gas tax. What does the term “shovel-ready” mean? The department adopted an administrative rule (OAR 731-050-0020) for a similar phrase "Ready for Construction" when it implemented the 2003 Oregon Transportation investment Act. For purpose of the 2003 Act, "Ready for Construction" means that priority will be given to modernization projects, that as of the effective date of this rule:(1) Have completed plans, specifications and cost estimates (PS&E); and(2) In the event use of federal funds are likely in any aspect of the project, have been approved for construction by the Federal Highway Administration (FHWA).A similar definition could be adopted for the 2017 Act.Availability of revenue to bond. In general, tax increases that require no additional government approvals can be considered for bonding. The conditions or triggers in section 45 add restrictions and complexity which may translate to higher cost of funds.Section 52: Road Use Assessment. The final increase in the Road Use Assessment Fee (amendments to ORS 818.225 by section 52) sets the rate at 11.8? per mile on January 1, 2024. The rate is too high and should be adjusted down to remain in sync with other heavy vehicle taxes and fees.Section 89(1)(a): Definition of “bicycle” for bicycle tax. The Department of Revenue has suggested modifying the definition of “bicycle” for the bicycle excise tax to ensure that electric bicycles are subject to the tax. [correction provided by Heidi Elliott]Section 92(5): Imposition of excise tax on bicycle sales. Clarification may be needed with regard to the phrase “valid receipt given to the purchaser by the seller of the taxable bicycle”. [clarification requested by Alan Dale]Section 111(2)(b): Local government tax moratorium. The subsection referencing taxes to which the moratorium applies should be clarified, most specifically by removing the word “other”. [requested by Alan Dale]Sections 118 and 118a: Road Usage Charge. These sections update the Road Usage Charge to maintain consistency with the fuel tax increases in sections 40 to 45. While the increases set out in section 45 are conditional, the increases in road usage charge rates are not. There should be a formula or condition statement in sections 118 and 118a to maintain consistency with the fuel tax rates in the event that one or more of the conditional increases in section 45 does not go into effect.Allocation of Revenue / ProjectsSection 71a and 71b: Allocation of funds. These sections allocate the state highway system’s share of the transportation package revenue. The allocations in these section significantly overweight the allocation to bridge and seismic and underweight the allocation to highway pavement and culverts in comparison with the Oregon Transportation Commission’s strategic plan. Section 71d(1): Funding identified transportation projects. Legislative Counsel suggests adding clarifying language to the beginning of this subsection by inserting, at the beginning of the sentence, “On and after January 1, 2020,” [suggested by Heidi Elliott]Section 71f: Multimodal projects. The multimodal projects designated in section 71 are outside of the Connect Oregon process (notwithstanding ORS 367.080 to 367.086). The projects do not go thru the selection process; no match is required.Section 71f directs the department to distribute money to these projects, but does not indicate order, if more than one is ready to move forward and there are not sufficient funds to move them all forward. Subsection (3) indicates that the priorities expire on January 1, 2020.Section 73(2)(b): Small County Allocation. The formula provided by the Association of Oregon Counties to Legislative Counsel had reversed its numerator and denominator, meaning that as written, the statute will actually over-weight larger counties at the expense of smaller counties. Section 73(2)(b) should change “based on a ratio of registered vehicles to road miles maintained by each county” to instead read “based on a ratio of road miles maintained by each county to vehicles registered”. [correction provided by Mike Eliason]Sections 125 and 126: Rest area management. These sections transfer management of rest areas from ODOT and State Parks to Oregon Travel Information Council. One rest area (part of current law) is the Government Camp rest area. Under section 126 ODOT and State Parks are required to maintain ownership of the rest areas, except for the Government Camp rest area. ODOT does not own the Government Camp rest area; the US Forest Service owns it.The concern raised is that the contractor that manages the rest area / parking lot does not have a voice and needs to be consulted.Section 134: Jurisdiction transfers. The “No.” was dropped from the “State Highway” references in section 134.The reference numbers in section 134 should be to “State Highway No. 91”, “State Highway No. 200”, etc. It’s the difference between using the route number, like OR 99, and the highway reference number. See the State Highway cross reference: 134 sets out specific direction for jurisdiction transfers in the bill. Section 71d provides funding for some transfers; other transfers are not adequately funded. In addition, neither section provides an ongoing process to ensure that highways, rods and streets are managed by the appropriate jurisdiction. Public TransportationSections 122L to 122r: The “Statewide Transportation Improvement Fund” needs a better name more specific to public transportation.Section 122L: Statewide Transportation Improvement Fund. Section122L sets out the purposes of the Fund: “finance investments and improvements in public transportation services, except that the moneys may not be used for light rail.” The provisions do not explicitly allow ODOT to pay the cost of managing this new program nor performing any additional oversight of public transportation providers that may be required.Section 122o: The mass transit districts, transportation district, counties and tribal governments are required to appoint an advisory committee to help review and make recommendations about how money from the Statewide Transportation Improvement Fund” is to be used in their areas. There should be criteria for the advisory committee:Size.Membership, such as whether there should be a transit user, a person with a disability or a senior citizen.Potential clean up: ORS 184.730 and 184.733 authorize a Public Transportation Development Program and create a Public Transportation Development Fund. The Development Fund has never had a legislative appropriation or been linked to a funding source. ORS 184.733 and ORS 184.730 could be repealed.Sections 122n to 122p. These sections do not adequately address oversight of transit providers by ODOT.Zero-Emission and Electric Vehicle RebatesSection 148: Zero-Emission and Electric Vehicle Rebates. A 24-month lease of a zero-emission or electric vehicle qualifies for a rebate the same as purchase of such a vehicle. Should the rebate be less for a lease?Is the claw-back provision if a vehicle is not used for 24 months enforceable?What happens if a new vehicle is wrecked before the end of the 24 month period?Section 150: Charge Ahead Oregon Program. The program allows low and moderate income Oregonians get a rebate when they replace a 20-year old high emission vehicle with a new or used zero-emission or electric vehicle. Does a “high-emission passenger motor vehicle” include pickups or crew-cab pickups that are often used as passenger vehicles? SUVs? Panel vans?What does it mean to voluntarily “retire or scrap” or to “scrap or otherwise render inoperable” a high-emission passenger motor vehicle? Must the vehicle go to the crusher to be destroyed or could it be sold off for parts so that there is one less high-emission vehicle in the fleet, even though parts, such as seats, fenders or other body parts, transmission and engine, are made available thru the junk-yard network for other uses?Are the controls around this adequate to prevent gaming the program?Is the claw-back provision if a vehicle is not used for 24 months enforceable?What happens if the replacement vehicle, either new or used, is wrecked before the end of the 24 month period? ................
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