68th OREGON LEGISLATIVE ASSEMBLY--1996 Special Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 280-2
House Bill 3479
Sponsored by SPECIAL SESSION COMMITTEE ON GOVERNMENT AFFAIRS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Adopts Columbia River Light Rail Transit Compact.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Columbia River Light Rail Transit Compact;
creating new provisions; repealing ORS 391.300, 391.305 and
391.310; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly of the State of Oregon
hereby adopts and ratifies the Columbia River Light Rail Transit
Compact set forth in section 2 of this Act, and the provisions of
the compact are hereby declared to be the law of this state upon
such compact becoming effective as provided in Article XXII of
the compact. + }
SECTION 2. { + The provisions of the Columbia River Light Rail
Transit Compact are as follows: + }
_________________________________________________________________
{ +
ARTICLE I + }
{ +
Columbia River Light Rail + }
{ +
Transit Authority Established + }
{ + The States of Oregon and Washington establish by way of
this interstate compact an independent, separate regional
authority, which is an instrumentality of both of the signatory
parties hereto, known as Columbia River Light Rail Transit
Authority (hereinafter referred to as the 'Authority'). The
Authority shall be a body corporate and politic, and shall have
only those powers and duties granted by this compact and such
additional powers as may hereafter be conferred upon the
Authority by the acts of both signatories. + }
{ +
ARTICLE II + }
{ +
Definitions + }
{ + As used in this compact, the following words and terms
shall have the following meanings, unless the context clearly
requires a different meaning:
(1) 'C-TRAN' means the Clark County Public Transportation
Benefit Authority based in Clark County, Washington, or any
successor agency or authority.
(2) 'Major feeder system' means all bus or other transit
services provided by C-TRAN or Tri-Met that are or are planned to
be connected with the South North light rail transit line, to
accommodate the transfer of passengers to or from the light rail
line and to transport light rail passengers between the light
rail station and their trip origin or trip destination.
(3) 'Signatory' or 'signatory state' means the State of Oregon
or the State of Washington.
(4) 'South North light rail transit line' means the light rail
line directly connecting portions of Clackamas County, Oregon,
Portland, Oregon and Clark County, Washington as may be extended
from time to time, including any segment thereof, and also
including, without limitation, all light rail vehicles,
rights-of-way, trackage, electrification, stations, park-and-ride
facilities, maintenance facilities, tunnels, bridges and
equipment, fixtures, buildings and structures incidental to or
required in connection with the performance of light rail service
between portions of Clackamas County, Oregon, Portland, Oregon
and Clark County, Washington. The South North light rail transit
line shall include a system that comprises any future light rail
lines and transit facilities that cross the jurisdictional lines
of the signatory states.
(5) 'Transit facilities' means all real and personal property
necessary or useful in rendering transit service by means of
rail, bus, water and any other mode of travel including, without
limitation, tracks, rights of way, bridges, tunnels, subways,
rolling stock for rail, motor vehicles, stations, terminals,
areas for parking and all equipment, fixtures, buildings and
structures and services incidental to or required in connection
with the performance of transit service.
(6) 'Transit service' means the transportation of persons and
their packages and baggage by C-TRAN, Tri-Met or the Authority by
means of transit facilities.
(7) 'Tri-Met' means the Tri-County Metropolitan Transportation
District based in Portland, Oregon, or any successor agency or
authority. + }
{ +
ARTICLE III + }
{ +
Purpose and Functions + }
{ + The purpose of the Authority is:
(1) To generally cause the South North light rail transit line
to be designed, engineered, financed, constructed and developed
consistently with the applicable regional transportation and land
use plans and the locally preferred alternative selected pursuant
to regulations of the Federal Transit Administration or the
regulations of any successor federal agency or authority;
(2) To facilitate the operation and maintenance of the South
North light rail transit line;
(3) To coordinate C-TRAN and Tri-Met activities to implement
and operate the major feeder system that serves the South North
light rail transit line;
(4) To coordinate C-TRAN and Tri-Met activities to implement
and operate buses or other transit facilities that serve bi-state
trips; and
(5) To serve only such other regional transit purposes and to
perform such other regional transit functions as the signatories
may authorize. + }
{ +
ARTICLE IV + }
{ +
Powers + }
{ + The Authority has the power to:
(1) Sue and be sued, plead and be impleaded in all actions,
suits or proceedings, brought by or against it.
(2) Adopt suitable rules and regulations not inconsistent with
this compact, the Constitution and laws of the United States or
the constitutions and laws of the signatories. The Authority may
adopt rules and regulations that:
(a) Govern its activities;
(b) Add specificity to its powers and duties;
(c) Interpret legislation that is applicable to the Authority;
and
(d) Resolve inconsistencies resulting from the application of
the laws and regulations of both signatories.
(3) Acquire, maintain, control, and convey easements, licenses,
and other limited property rights for the purpose of constructing
the South North light rail transit line. However, the Authority
shall not have the power to own real property.
(4) Receive and accept federal, state, regional or local
payments, appropriations, grants, gifts, loans, advances, credit
enhancements, credit guarantees and other funds, properties and
services as may be transferred or made available to the Authority
by either signatory, any political subdivision or agency thereof,
by the United States, or by any agency thereof, or by any other
public or private corporation or individual. Any funds received
by the Authority from any source may be commingled and expended
to carry out the purposes and functions of the Authority without
regard to any law of the signatories that requires expenditure of
appropriated funds within the fiscal period for which the
appropriation is made.
(5) Disburse funds for its lawful activities and to make grants
or loans to C-TRAN or Tri-Met.
(6) Enter into agreements with:
(a) C-TRAN or Tri-Met to provide planning, engineering, design,
administration, construction management or other services needed
for the development of the South North light rail transit line;
(b) C-TRAN, Tri-Met or, except with regard to matters specified
in paragraph (a) of this subsection, private entities for the
construction of the South North light rail transit line;
(c) C-TRAN, Tri-Met or, except with regard to matters specified
in paragraph (a) of this subsection, private entities for the
construction of bridges over or tunnels under navigable streams
and bodies of water to be owned individually or jointly by the
States of Oregon and Washington;
(d) C-TRAN or Tri-Met for the management, operation, and
maintenance of the South North light rail transit line;
(e) C-TRAN or Tri-Met providing for acquisition by C-TRAN,
Tri-Met or other public entities of the property rights needed
for the South North light rail transit line and related
activities;
(f) C-TRAN, Tri-Met or private entities to purchase, lease or
otherwise acquire the materials, equipment and vehicles needed
for the construction and implementation of the South North light
rail transit line; and
(g) C-TRAN or Tri-Met to implement the decisions of the
Authority.
(7) Delegate any of its powers and duties to any political
subdivision or governmental agency.
(8) Resolve any disputes between C-TRAN and Tri-Met over the
operation of the South North light rail transit line or the major
feeder system. However, the Authority shall not have the power to
require from C-TRAN and Tri-Met capital improvements to the South
North light rail transit line or the major feeder system.
(9) To the extent allowed by law, encourage, assist and
facilitate public and private development along the South North
light rail transit line.
(10) Perform all other necessary and incidental functions.
(11) Exercise such additional powers as shall be conferred on
it by Act of the federal Congress or jointly by the
signatories. + }
{ +
ARTICLE V + }
{ +
Board Membership + }
{ + The Authority shall be governed by a board of six
directors consisting of three members of the C-TRAN governing
body and three members of the Tri-Met governing body. Directors
representing C-TRAN and Tri-Met shall be appointed by their
respective governing bodies. + }
{ +
ARTICLE VI + }
{ +
Terms of Office + }
{ + Board members shall serve terms of four years, unless
terminated earlier by the governing body of the appointing
transit agency. + }
{ +
ARTICLE VII + }
{ +
Compensation of Directors + }
{ + The directors shall serve without compensation. The
directors may be reimbursed for the necessary expenses incurred
in the performance of their duties pursuant to adopted policies
of the transit agency that appointed them. + }
{ +
ARTICLE VIII + }
{ +
Organization and Procedure + }
{ + The board of directors of the Authority shall by rule
provide for its own organization and procedure. It shall
biennially elect a chairperson from among its directors who shall
serve a term of two years subject to earlier removal by a vote of
four directors. Meetings of the board shall be held as
frequently as the board deems that the proper performance of its
duties requires, and the board shall keep minutes of its
meetings. The board shall adopt rules and regulations governing
its meetings, minutes and transactions. + }
{ +
ARTICLE IX + }
{ +
Staff + }
{ + The Authority shall not have the power to hire
administrative staff. Administrative staff support shall be
provided by C-TRAN and Tri-Met by intergovernmental
agreement. + }
{ +
ARTICLE X + }
{ +
Quorum and Actions by the Board + }
{ + Four directors shall constitute a quorum. No action by
the board shall be effective unless there is an affirmative vote
of a majority of those present. + }
{ +
ARTICLE XI + }
{ +
Conflicts of Interest + }
{ + (1) No director shall:
(a) Be financially interested, either directly or indirectly,
in any contract, sale, purchase, lease or transfer of real or
personal property to which the board of directors of the
Authority is party;
(b) In connection with services performed within the scope of
official duties, solicit or accept money or any other thing of
value in addition to the expenses paid to the director by the
Authority; or
(c) Offer money or any other thing of value for or in
consideration of obtaining an appointment, promotion or privilege
in employment with the Authority.
(2) Any director who willfully violates any provision of this
section shall, in the discretion of the board, forfeit the office
of the director. Any contract or agreement made in contravention
of this section may be declared void by the board. Nothing in
this section shall be considered to abrogate or limit the
applicability of any federal or state law that may be violated by
any action proscribed by this section. + }
{ +
ARTICLE XII + }
{ +
Financial Plans and Reports + }
{ + The board of directors of the authority shall make and
publish, as necessary, financial plans and detailed annual
budgets for the construction, operation and maintenance of the
South North light rail transit line, including a Sources of Funds
plan. The board may also prepare, publish and distribute such
other public reports and informational materials as it may deem
necessary or desirable. + }
{ +
ARTICLE XIII + }
{ +
Operation and Maintenance Costs + }
{ + (1) The Authority shall annually determine the amount of
the South North light rail transit line's operating and
maintenance costs and the Authority's administrative costs that
shall be contributed to the Authority by C-TRAN and Tri-Met. The
amount to be collected from C-TRAN and Tri-Met shall be based
upon all relevant factors, including but not limited to,
ridership origination and destination and relative usage of the
South North light rail transit line.
(2) After establishing the amount to be allocated to C-TRAN and
Tri-Met, the Authority shall levy an annual assessment on C-TRAN
and Tri-Met for the purpose of financing the management,
administration, operation, maintenance, repair, expansion, and
related activities for facilities, equipment, systems or
improvements included in the South North light rail transit
line. + }
{ +
ARTICLE XIV + }
{ +
Capital Contributions + }
{ + (1) The Authority shall enter into a financing plan
agreement with C-TRAN, Tri-Met and any private entities providing
construction financing for the South North light rail transit
line or any segment thereof, which agreement shall establish a
financing plan for the construction phases of the South North
light rail transit line, including each segment thereof. The
financing plan agreement shall specify the obligations of each
party to pay a portion of the construction costs of the South
North light rail transit line, including the estimated total
construction costs, the percentage share of each party of the
total construction costs, the estimated schedule for the payment
of each party's percentage share and the planned source of funds
from which each party intends to fund its share of the total
construction costs. The financing plan agreement, among other
matters, may:
(a) Separately specify each party's obligation for each segment
of the South North light rail transit line;
(b) Limit the liability of C-TRAN and Tri-Met to particular
funding sources identified in the financing plan agreement;
(c) Make provisions for any interim financing, credit
enhancements or guarantees to be provided by C-TRAN, Tri-Met or
any other parties in order to supply the funds needed to
construct the South North light rail transit line in accordance
with the construction schedule established in the financing plan
agreement; or
(d) Provide that all or a portion of one party's obligations
shall be satisfied by making payments to another party to the
agreement in order to pay or reimburse the construction or
financing costs incurred by the payee.
(2) The financing plan agreement shall provide that C-TRAN and
Tri-Met shall each retain full power and authority to pledge
their respective sources of funds as security for any bonds,
notes or other obligations issued thereby, and for any credit
enhancements obtained in connection with any such bonds, notes or
other obligations, in order to provide interim or permanent
financing for the construction costs of the South North light
rail transit line. The financing plan agreement shall not in any
way or to any extent create a pledge of or a lien or encumbrance
on any funds of C-TRAN or Tri-Met.
(3) C-TRAN and Tri-Met singly or together shall enter into one
or more Full Funding Grant Agreements with the Federal Transit
Administration, or its successor, to establish the federal
funding commitment for the South North light rail transit line,
or any segments thereof, and the terms and conditions for
obtaining the federal funds. The Authority shall cause the South
North light rail transit line, and each segment thereof, to be
designed, engineered and constructed in a manner consistent with
the applicable Full Funding Grant Agreement, applicable state
laws and the terms and conditions of the financing plan
agreement.
(4) The financing plan agreement may be amended from time to
time by the Authority, C-TRAN and Tri-Met to the extent such
parties determine any amendment is necessary or beneficial. Any
such amendment shall require the consent of any private entity
that is a party to the financing plan agreement only if and to
the extent such consent is required under the terms of the
financing plan agreement. + }
{ +
ARTICLE XV + }
{ +
Indemnification + }
{ + (1) C-TRAN shall hold Tri-Met and the Authority harmless
and indemnify Tri-Met and the Authority for any and all
liability, settlements, losses, costs, damages and expenses in
connection with any action, suit or claim resulting from C-TRAN's
negligent errors, omissions or acts in carrying out the purposes
of this compact.
(2) Tri-Met shall hold C-TRAN and the Authority harmless and
indemnify C-TRAN and the Authority for any and all liability,
settlements, losses, costs, damages and expenses in connection
with any action, suit or claim resulting from Tri-Met's negligent
errors, omissions or acts in carrying out the purposes of this
compact.
(3) The Authority shall hold C-TRAN and Tri-Met harmless and
indemnify C-TRAN and Tri-Met for any and all liability,
settlements, losses, costs, damages and expenses in connection
with any action, suit or claim resulting from the Authority's
negligent errors, omissions or acts in carrying out the purposes
of this compact. + }
{ +
ARTICLE XVI + }
{ +
Fares + }
{ + Fares will be established and collected by C-TRAN and
Tri-Met for trips originating within their respective districts.
Payment of those fares will be honored by the Authority as
payment for passage on the South North light rail transit
line. + }
{ +
ARTICLE XVII + }
{ +
Insurance + }
{ + The board of directors of the Authority may self-insure
or purchase insurance and pay the premiums therefor against loss
or damage, against liability for injury to persons or property
and against loss of revenue from any cause whatsoever. Such
insurance coverage shall be in such form and amount as the board
may determine, subject to the requirements of any agreement or
other obligations of the Authority. + }
{ +
ARTICLE XVIII + }
{ +
Tax Exemption + }
{ + (1) It is hereby declared that the creation of the
Authority and the carrying out of the purposes of the Authority
is in all respects for the benefit of all people of the signatory
states. It is further declared that the Authority and the board
of directors are performing a public purpose and an essential
government function, including, without limitation, proprietary,
governmental and other functions, in the exercise of the powers
conferred by this compact. Therefore, the Authority and the board
of directors shall not be required to pay taxes or assessments
upon any of the property under its jurisdiction, control,
possession or supervision or upon its activities in the operation
and maintenance of the South North light rail transit line or
upon any revenues therefrom.
(2) When C-TRAN or Tri-Met, acting under an agreement with the
Authority pursuant to Article IV of this compact, possesses or
controls property or conducts activities in the operation and
maintenance of the South North light rail transit line:
(a) C-TRAN and Tri-Met shall remain subject to the tax laws of
their respective states with respect to such property located, or
activities conducted, within their respective states;
(b) C-TRAN shall be subject to the tax laws of the State of
Oregon with respect to such property located, or activities
conducted, in Oregon only to the extent Tri-Met would be subject
to those laws if Tri-Met rather than C-TRAN possessed or
controlled the property or conducted the activity; and
(c) Tri-Met shall be subject to the tax laws of the State of
Washington with respect to such property located, or activities
conducted, in Washington only to the extent C-TRAN would be
subject to those laws if C-TRAN rather than Tri-Met possessed or
controlled the property or conducted the activity. + }
{ +
ARTICLE XIX + }
{ +
Applicable Laws + }
{ + The Authority shall be both subject to and exempt from
certain laws of the States of Oregon and Washington as concurred
in by the legislature of each state, respectively. Where the laws
of the States of Oregon and Washington are not made inapplicable
to the Authority by legislative action, the laws of the
respective states will continue to apply to activities occurring
within each state's geographical boundaries. However, the
following laws shall apply generally to the Authority regardless
of the state in which the activities governed by the laws occur.
The following laws shall govern exclusively the matters they
address, and the provisions of corresponding or analogous laws of
either signatory shall have no effect:
(1) Federal Administrative Procedures Act (5 U.S.C. 500 et
seq.), as amended from time to time, or any successor
legislation;
(2) Federal Miller Act (40 U.S.C. 270a et seq.), as amended
from time to time, or any successor legislation;
(3) Federal prevailing wage law (40 U.S.C. 276a et seq.), as
amended from time to time, or any successor legislation;
(4) Federal rules on disadvantaged business enterprises (49
C.F.R. Part 23), as amended from time to time, or any successor
legislation;
(5) Federal competitive bidding laws (41 U.S.C. 251 et seq.),
as amended from time to time, or any successor legislation; and
(6) ORS 30.260 to 30.300 (1993 Edition). + }
{ +
ARTICLE XX + }
{ +
Jurisdiction of Courts + }
{ + (1) The United States District Courts shall have original
jurisdiction, concurrent with the courts of Oregon and
Washington, of all actions brought by or against the Authority
and shall enforce subpoenas issued under this Compact. Any such
action initiated in a state court shall be removable to the
appropriate United States District Court in the manner provided
by the Act of June 25, 1948, as amended (28 U.S.C. �1446).
(2) All laws or parts of laws of the United States and of the
signatory states that are inconsistent with the provisions of
this compact are hereby amended for the purpose of this compact
to the extent necessary to eliminate such inconsistencies and to
carry out the provisions of this compact. + }
{ +
ARTICLE XXI + }
{ +
Severability + }
{ + If any provision of this compact, or its application to
any person or circumstance, is held to be invalid, all other
provisions of this compact, and the application of all of its
provisions to all other persons and circumstances, shall remain
valid and to this end, the provisions of this compact are
severable. + }
{ +
ARTICLE XXII + }
{ +
Effective Date + }
{ + This compact shall take effect, and the board of the
Authority may exercise its authority pursuant to the compact when
it has been ratified by the federal Congress and adopted by both
signatories, and the six directors of the board have been
appointed. The effective date of this compact shall be the date
of the establishment of the board of directors of the
Authority. + }
_________________________________________________________________
SECTION 3. { + (1) A mass transit district established under
ORS 267.010 to 267.390, when operating under the authority or
direction of the Columbia River Light Rail Transit Authority
established under the Columbia River Light Rail Transit Compact
ratified by section 1 of this Act, retains all the rights,
powers, privileges and immunities conferred upon the district by
ORS 267.010 to 267.390 to the extent that those rights, powers,
privileges and immunities are consistent with the provisions of
the Columbia River Light Rail Transit Compact.
(2) A mass transit agency organized under the laws of the State
of Washington, when operating in Oregon under the authority or
direction of the Columbia River Light Rail Transit Authority
established under the Columbia River Light Rail Transit Compact
ratified by section 1 of this Act, may exercise all of the
rights, powers, privileges and immunities conferred upon a mass
transit district by ORS 267.010 to 267.390 to the extent that
those rights, powers, privileges and immunities are consistent
with the provisions of the Columbia River Light Rail Transit
Compact. + }
SECTION 4. { + ORS 391.300, 391.305 and 391.310 are
repealed. + }
SECTION 5. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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