Chapter 383 — TOLLWAYS

HIGHWAYS, ROADS, BRIDGES AND FERRIES

2023 EDITION

Tollways

GENERAL PROVISIONS

383.001 Findings

383.003 Definitions for ORS 383.001 to 383.245

383.004 Establishment of tolls; rules

383.005 Agreements for tollway projects; operation of projects

(Temporary provisions relating to the Interstate 5 bridge replacement project are compiled as notes following ORS 383.005)

383.009 Toll Program Fund; sources; uses

383.011 Contract terms regarding entry into possession by Department of Transportation; eminent domain

383.014 Interstate system compatibility; rules

383.015 Initiation of project; fees; rules; conditions for authorization; studies

383.017 Property tax exemption; application of certain laws

383.019 Agreements between department and private entities regarding maintenance of tollways

383.025 Certain information provided to Department of Transportation exempt from disclosure

383.027 Issuance of revenue bonds by municipality for tollway project

383.035 Toll payment; failure to pay toll; penalty

383.045 Evidence from electronic toll collection system; payment of fees

383.055 Assessment and collection of unpaid tolls; rules

383.075 Driver records and information used to collect and enforce tolls; fees; rules

383.150 Toll program

FINANCING

383.200 Revenue bonds for tollway projects

383.205 Sources of funds to secure revenue bonds for tollway projects

383.215 Collection and use of federal transportation funds

383.225 Revenue declaration or indenture; contents; purpose

383.235 Reserve account

383.245 Bond form, issuance and maturity; provisions subject to determination of State Treasurer

GENERAL PROVISIONS

383.001 Findings. The Legislative Assembly finds that:

(1) The development, improvement, expansion and maintenance of an efficient, safe and well-maintained system of roads, highways and other transportation facilities is essential to the economic well-being and high quality of life of the people of this state.

(2) Public sources of revenues, including federal funding, to provide an efficient transportation system have not kept pace with the state’s growing population and growing transportation needs, and all available alternative sources of funding should be utilized to supplement available public sources of revenues.

(3) Because public funding sources are not providing the state with sufficient funds to meet all of its transportation needs, private funding should be encouraged as an additional source of funding for transportation projects and facilities.

(4) Various alternatives for utilizing the funds of private entities in the acquisition, design, construction, reconstruction, operation and maintenance of transportation facilities exist, including arrangements whereby private entities obtain exclusive agreements to design, build, own, lease or operate with private funds all or a portion of transportation projects and facilities in exchange for the right to receive certain revenues generated from the operation and utilization of such transportation projects and facilities.

(5) Another important alternative for the funding of transportation facilities is the use of federal funds pursuant to 23 U.S.C. 129(a), as amended by section 112 of the Intermodal Surface Transportation Efficiency Act of 1991, which established a program authorizing federal participation in construction of publicly or privately owned toll highways, bridges and tunnels.

(6) The federal legislation allows for a mix of federal funding and private funding of transportation facilities, allowing the states to leverage available federal funds as a means for attracting private capital.

(7) Legislation for the utilization of private funding of transportation facilities should be flexible enough to permit the Department of Transportation to obtain the advantages of any available alternative under which the acquisition, design, construction, reconstruction, operation, maintenance and repair of transportation facilities can be financed in whole or in part or in combination by any available sources of private or public funding.

(8) The funding of transportation facilities through the imposition of tolls on those who use such facilities is a fair and impartial means of assessing the costs of improvements against those who most benefit from such improvements, and is consistent with public policy.

(9) Joint endeavors of public and private entities do the following:

(a) Take advantage of private sector efficiencies in designing, constructing and operating transportation projects.

(b) Allow for the rapid formation of capital necessary for funding transportation projects.

(c) Require continued compliance with environmental requirements and applicable state and federal laws that all publicly financed projects must address.

(10) Significant traffic congestion adversely impacts Oregon’s economy and the quality of life of Oregon’s communities. Where appropriate, variable rate tolls should be applied to reduce traffic congestion and support the state’s greenhouse gas emissions reduction goals. [1995 c.668 §1; 2021 c.630 §133]

383.003 Definitions for ORS 383.001 to 383.245. As used in ORS 383.001 to 383.245:

(1) “Department” means the Department of Transportation.

(2) “Electronic toll collection system” means a system for collecting tolls that:

(a) Does not require a vehicle to stop at a toll booth to pay the toll; and

(b) Uses transponder readers and license plate capture cameras to aid in collecting tolls.

(3) “Private entity” means any nongovernmental entity, including a corporation, partnership, company or other legal entity, or any natural person.

(4) “Related facility” means any real or personal property that:

(a) Will be used to operate, maintain, renovate or facilitate the use of the tollway;

(b) Will provide goods or services to the users of the tollway; or

(5) “Toll” means any fee or charge for the use of a tollway.

(6) “Tollway” means any roadway, path, highway, bridge, tunnel, railroad track, bicycle path or other paved surface or structure specifically designed as a land vehicle transportation route for the use of which tolls are assessed.

(7) “Tollway operator” means the unit of government or the private entity that is responsible for all or any portion of the construction, reconstruction, improvement, financing, maintenance, repair and operation of a tollway or a related facility.

(8) “Tollway project” means any capital project involving the development, operation or equipping of a tollway, related facilities or any portion thereof.

(9) “Tollway project revenue bonds” means revenue bonds designated as tollway project revenue bonds under ORS 383.200.

(10) “Unit of government” means any department or agency of the federal government, any state, any department or agency of a state, any bistate entity created by agreement under ORS 190.420 or other law for the purposes of the Interstate 5 bridge replacement project, and any city, county, district, port or other public corporation organized and existing under statutory law or under a voter-approved charter. [1995 c.668 §2; 2007 c.531 §3; 2013 c.4 §9; 2021 c.630 §134]

383.004 Establishment of tolls; rules. (1) Except as provided in subsection (2) of this section, a toll may not be established unless the Oregon Transportation Commission has reviewed and approved the toll. The commission shall adopt rules specifying the process under which proposals to establish tolls will be reviewed. When reviewing a proposal to establish tolls, the commission shall take into consideration:

(a) The amount and classification of the traffic using, or anticipated to use, the tollway;

(b) The amount of the toll proposed to be established for each class or category of tollway user and, if applicable, the different amounts of the toll depending on time and day of use;

(c) The extent of the tollway, including improvements necessary for tollway operation and improvements necessary to support the flow of traffic onto or off of the tollway;

(d) The location of toll booths or electronic toll collection systems to collect the toll for the tollway;

(e) The cost of constructing, reconstructing, improving, installing, maintaining, repairing and operating the tollway;

(f) The amount of indebtedness incurred for the construction of the tollway and all expenses and obligations related to the indebtedness including, without limitation, financial covenants, debt service requirements, reserve requirements and any other funding requirements established under the terms of any indenture prepared under ORS 383.225 and any other contracts establishing the terms of the indebtedness, if any;

(g) The value of assets, equipment and services required for the operation of the tollway;

(h) The period of time during which the toll will be in effect;

(i) The process for altering the amount of the toll during the period of operation of the tollway;

(j) The method of collecting the toll; and

(k) The rate of return that would be fair and reasonable for a private equity holder, if any, in the tollway.

(2)(a) Nothing in ORS 383.001 to 383.245 prohibits a city or county from establishing a toll on any highway, as defined in ORS 801.305, that the city or county has jurisdiction over as a road authority pursuant to ORS 810.010.

(b) Nothing in ORS 383.001 to 383.245 prohibits Multnomah County from establishing a toll on the bridges across the Willamette River that are within the boundaries of the City of Portland and that are operated and maintained by Multnomah County as required under ORS 382.305 and 382.310.

(c) Nothing in ORS 383.001 to 383.245 prohibits the Port of Hood River from establishing a toll on the bridges across the Columbia River that are operated and maintained by the port.

(d) Nothing in ORS 383.001 to 383.245 prohibits the Port of Cascade Locks from establishing a toll on the bridges across the Columbia River that are operated and maintained by the port.

(e) Nothing in ORS 383.001 to 383.245 prohibits a commission formed under ORS 381.705 from establishing a toll on a bridge across the Columbia River that is operated and maintained by the commission or the commission’s designee. [2007 c.531 §2; 2009 c.385 §3; 2021 c.630 §135; 2022 c.7 §16]

383.005 Agreements for tollway projects; operation of projects. (1) For purposes of the acquisition, design, construction, reconstruction, operation or maintenance and repair of tollway projects, the Department of Transportation may enter into any combination of contracts, agreements and other arrangements with any one or more private entities or units of government, or any combination thereof, including but not limited to the following:

(a) Design-build contracts with private entities pursuant to which a portion or all aspects of the design, construction and installation of all or any portion of a tollway project are accomplished by the private entity;

(b) Lease agreements, lease-purchase agreements and installment sale arrangements for the lease, sale or purchase of real and personal property for tollway projects by the state from private entities or units of government or by private entities or units of government from the state;

(c) Licenses, franchises or other agreements for the periodic or long-term operation or maintenance of a tollway project;

(d) Financing agreements for a tollway project pursuant to which the department borrows from, or makes any loan, grant, guaranty or other financing arrangement to or with, a private entity or unit of government; and

(e) Agreements for purchase or acquisition of fee ownership, easements, rights of way or any other interests in land upon which a tollway project is to be built.

(2) The department may operate tollway projects and impose and collect tolls on any tollway project the department operates. Any private entity or unit of government that operates a tollway project pursuant to an agreement with the department may impose and collect tolls on the tollway project. [1995 c.668 §3; 2001 c.844 §7; 2013 c.4 §14]

(Temporary provisions relating to the Interstate 5

bridge replacement project)

Note: Sections 7 and 8, chapter 4, Oregon Laws 2013, provide:

Sec. 7. Section 8 of this 2013 Act is added to and made a part of ORS 383.003 to 383.075 [series became 383.001 to 383.245]. [2013 c.4 §7]

Sec. 8. (1) The Oregon Transportation Commission may enter into agreements with the State of Washington, or the State of Washington’s designee, relating to establishing, reviewing, adjusting and collecting tolls for the Interstate 5 bridge replacement project.

(2) The commission shall consider the factors listed in ORS 383.004 and traffic demand management in considering tolls for the Interstate 5 bridge replacement project. Tolls for the project must be sufficient to:

(a) Meet debt service requirements for debt issued to finance construction, development, equipping or improvement for the project, including any reserves required by bond or other contractual covenants;

(b) Pay for maintenance and operation of the project; and

(c) Fund any repair reserves, replacement reserves or other reserves that are required by bond or other contractual covenants or that are otherwise determined by the commission to be necessary in connection with the project.

(3) The portion of toll revenues accruing to the State of Oregon from the Interstate 5 bridge replacement project may be used only for the purposes described in Article IX, section 3a, of the Oregon Constitution. The toll revenues shall be used exclusively for the project, and may not be used for any other purpose, for as long as bonds issued to finance the project, including any refunding bonds, remain outstanding. After all bonds issued to finance the project, including any refunding bonds, have been repaid, the toll revenues shall be reduced to an amount that is sufficient to do only the following:

(a) Pay the cost of maintenance and operation of the project; and

(b) Pay the cost of, including the cost of funding reserves for, reconstruction, improvement and replacement of facilities related to the project. [2013 c.4 §8]

383.006 [2007 c.531 §6; repealed by 2021 c.630 §153]

383.007 [1995 c.668 §3a; 1997 c.390 §1; 1997 c.671 §3; repealed by 2001 c.844 §9]

383.009 Toll Program Fund; sources; uses. (1) There is hereby established the Toll Program Fund as a separate and distinct fund from the State Highway Fund. The Toll Program Fund shall consist of:

(a) All moneys and revenues received by the Department of Transportation from or made available by the federal government to the department for any tollway project or for the operation or maintenance of any tollway;

(b) Any moneys received by the department from any other unit of government or any private entity for a tollway project or from the operation or maintenance of any tollway;

(c) All moneys and revenues received by the department from any agreement entered into or loan made by the department for a tollway project pursuant to ORS 383.005, and from any lease, agreement, franchise or license for the right to the possession and use, operation or management of a tollway project;

(d) All tolls and other revenues received by the department or tollway operator from the users of any tollway project;

(e) The proceeds of any bonds authorized to be issued for tollway projects;

(f) Any moneys that the department has legally transferred from the State Highway Fund to the Toll Program Fund for tollway projects;

(g) All moneys and revenues received by the department from all other sources that by gift, bequest, donation, grant, contract or law from any public or private source are for deposit in the Toll Program Fund;

(h) All interest earnings on investments made from any of the moneys held in the Toll Program Fund;

(i) All civil penalties and administrative fees paid to the department from the enforcement of tolls;

(j) Fees paid to the department for information provided under ORS 383.075;

(k) Moneys appropriated for deposit in or otherwise transferred to the Toll Program Fund by the Legislative Assembly; and

(L) Moneys received from federal sources or other state or local sources, excluding proceeds of Highway User Tax Bonds issued under ORS 367.615 that finance projects other than toll projects.

(2) Moneys in the Toll Program Fund may be used by the department for the following purposes:

(a) To finance preliminary studies and reports for any tollway project;

(b) To acquire land to be owned by the state for tollways and any related facilities therefor;

(d) To make grants or loans to a unit of government for tollway projects;

(e) To make loans to private entities for tollway projects;

(f) To pay the principal, interest and premium due with respect to, and to pay the costs connected with the issuance or ongoing administration of, any bonds or other financial obligations authorized to be issued by, or the proceeds of which are received by, the department for any tollway project, including capitalized interest and any rebates or penalties due to the United States in connection with the bonds;

(g) To provide a guaranty or other security for any bonds or other financial obligations, including but not limited to financial obligations with respect to any bond insurance, surety or credit enhancement device issued or incurred by the department, a unit of government or a private entity, for the purpose of financing a single tollway project or any related group or system of tollway projects or related facilities;

(h) To pay the costs incurred by the department in connection with its oversight, operation and administration of the Toll Program Fund, the proposals and projects submitted under ORS 383.015 and the tollway projects financed under ORS 383.005;

(i) To develop, implement and administer the toll program established under ORS 383.150, including the cost of consultants, advisors, attorneys or other professional service providers appointed, retained or approved by the department; and

(j) To make improvements or fund efforts on the tollway and on adjacent, connected or parallel highways to the tollway to reduce traffic congestion as a result of a tollway project, improve safety as a result of a tollway project and reduce impacts of diversion as a result of a tollway project.

(3) For purposes of paying or securing bonds or providing a guaranty, surety or other security authorized by this section, the department may:

(a) Irrevocably pledge all or any portion of the amounts that are credited to, or are required to be credited to, the Toll Program Fund;

(b) Establish subaccounts in the Toll Program Fund, and make covenants regarding the credit to and use of amounts in those subaccounts; and

(c) Establish separate trust funds or accounts and make covenants to transfer to those separate trust funds or accounts all or any portion of the amounts that are required to be deposited in the Toll Program Fund.

(4) Notwithstanding any other provision of ORS 383.001 to 383.245, the department shall not pledge any funds or amounts at any time held in the Toll Program Fund as security for the obligations of a unit of government or a private entity unless the department has entered into a binding and enforceable agreement that provides the department reasonable assurance that the department will be repaid, with appropriate interest, any amounts that the department is required to advance pursuant to that pledge.

(5) Moneys in the Toll Program Fund are continuously appropriated to the department for purposes authorized by this section.

(6) Notwithstanding subsection (1) of this section, a city, county, district, port or other public corporation organized and existing under statutory law or under a voter-approved charter is not required to deposit into the Toll Program Fund tolls, or other revenues are received from the users of any tollway, that are assessed by a city, county, district, port or other public corporation organized and existing under statutory law or under a voter-approved charter.

(7) Moneys in the Toll Program Fund that are transferred from the State Highway Fund or are derived from any revenues under Article IX, section 3a, of the Oregon Constitution, may be used only for purposes permitted by Article IX, section 3a, of the Oregon Constitution. [1995 c.668 §4; 2005 c.22 §264; 2007 c.531 §12; 2013 c.4 §15; 2021 c.630 §136]

383.010 [Repealed by 1981 c.153 §79]

383.011 Contract terms regarding entry into possession by Department of Transportation; eminent domain. (1) Every contract, agreement or other arrangement between the Department of Transportation and any private entity pursuant to which a private entity owns, leases or operates a tollway shall provide that, if an event occurs that seriously jeopardizes or impairs the continued availability and operation of the tollway, the department shall be entitled to enter into and take possession of the tollway and to exercise all of the rights attendant to such possession, including the right to receive all tolls and other revenues of the tollway, subject to any obligations incurred for the tollway, and the right to operate, maintain, repair and reconstruct the tollway.

(2) The department may exercise the power of eminent domain to acquire property for tollway projects, regardless of whether the property will be owned in fee simple by the department. [1995 c.668 §5; 2001 c.844 §2]

383.013 [1995 c.668 §6; 2001 c.844 §3; repealed by 2021 c.630 §153]

383.014 Interstate system compatibility; rules. The Oregon Transportation Commission shall establish criteria when selecting electronic toll collection systems used in this state to ensure interoperability with tolling systems used in other states, to the extent that technology facilitating interoperability exists. [2007 c.531 §8; 2021 c.630 §140]

383.015 Initiation of project; fees; rules; conditions for authorization; studies. (1) Tollway projects may be initiated by the Department of Transportation, by a unit of government having an interest in the installation of a tollway, or by a private entity interested in constructing or operating a tollway project. The department shall charge an administrative fee for reviewing and considering any tollway project proposed by a private entity, which the department shall establish by rule. All such administrative fees shall be deposited into the Toll Program Fund.

(2) The department shall adopt rules pursuant to which it will consider authorization of a tollway project. The rules shall require consideration of:

(a) The opinions and interests of units of government encompassing or adjacent to the path of the proposed tollway project in having the tollway installed;

(b) The probable impact of the proposed tollway project on local environmental, aesthetic and economic conditions and on the economy of the state in general;

(d) The likelihood that the estimated use of the tollway project will provide sufficient revenues to independently finance the costs related to the construction and future maintenance, repair and reconstruction of the tollway project, including the repayment of any loans to be made from moneys in the Toll Program Fund;

(e) With respect to tollway projects, any portion of which will be financed with state funds or department loans or grants:

(A) The relative importance of the proposed tollway project compared to other proposed tollways; and

(B) Traffic congestion and economic conditions in the communities that will be affected by competing tollway projects; and

(f) The effects of tollway implementation on community and local street traffic.

(3) Notwithstanding any other provision of ORS 383.001 to 383.245, no tollway project shall be authorized unless the department finds that either:

(a) Based on the department’s estimate of present and future traffic patterns, the revenues generated by the tollway project will be sufficient, after payment of all obligations incurred in connection with the acquisition, construction and operation of such tollway project, to ensure the continued maintenance, repair and reconstruction of the tollway project without the contribution of additional public funds; or

(b) The revenues generated by the tollway project will be at least sufficient to pay its operational expenses and a portion of the costs of its construction, maintenance, repair and reconstruction, and the importance of the tollway project to the welfare or economy of the state is great enough to justify the use of public funding for a portion of its construction, maintenance, repair and reconstruction.

(4) If the department finds that a proposed tollway project qualifies for authorization under this section, the department may conduct or cause to be conducted any environmental, geological or other studies required by law as a condition of construction of the tollway project. The costs of completing the studies for any proposed tollway project may be paid from moneys in the Toll Program Fund that are reimbursed from the permanent financing for the project. [1995 c.668 §7; 1997 c.390 §2; 2007 c.531 §17; 2013 c.4 §16; 2021 c.630 §161]

383.017 Property tax exemption; application of certain laws. (1) Tollways, and any related facilities that would normally be purchased, constructed or installed by the Department of Transportation if the tollway were a conventional highway that was constructed and operated by the department, shall be exempt from ad valorem property taxation.

(2) Tollways are considered state highways for purposes of law enforcement and application of the Oregon Vehicle Code. [1995 c.668 §8; 2003 c.794 §269; 2021 c.630 §141]

383.019 Agreements between department and private entities regarding maintenance of tollways. (1) Every agreement between the Department of Transportation and a private entity pursuant to which the private entity owns or operates a tollway and is entitled to collect the revenues therefrom shall require that the tollway be maintained in a safe condition and be returned to the state in a safe and serviceable condition without need of any repair or reconstruction.

(2) Every agreement between the department and a private entity pursuant to which the private entity owns or operates a tollway and is entitled to collect the revenues therefrom shall provide for the establishment and funding of a maintenance, repair and reconstruction trust fund that is designed to ensure that adequate funds will be available to maintain and repair the tollway, so that the tollway will be surrendered to the department in good condition without need of repair or reconstruction. [1995 c.668 §9]

383.020 [Repealed by 1981 c.153 §79]

383.021 [1995 c.668 §10; repealed by 2001 c.844 §9]

383.023 [1995 c.668 §11; 2007 c.783 §177; repealed by 2021 c.630 §153]

383.025 Certain information provided to Department of Transportation exempt from disclosure. Sensitive business, commercial or financial information presented to the Department of Transportation by a private entity for the purpose of determining the feasibility of the entity’s participation in a tollway project is exempt from disclosure under ORS 192.311 to 192.478. [2001 c.844 §5]

383.027 Issuance of revenue bonds by municipality for tollway project. (1) A public body, as defined in ORS 287A.001, may issue revenue bonds for the purpose of financing a tollway project.

(2) A nonprofit corporation organized under Oregon law may issue revenue bonds for the purpose of financing a tollway project.

(3) Revenue bonds authorized by this section shall be issued as prescribed in ORS chapter 287A. [2001 c.844 §6; 2007 c.783 §§178,232d]

383.030 [Repealed by 1981 c.153 §79]

383.035 Toll payment; failure to pay toll; penalty. (1) A person shall pay a toll established under ORS 383.004.

(2) A person who fails to pay a toll established under ORS 383.004 shall pay to the Department of Transportation the amount of the toll, a civil penalty and an administrative fee established by the tollway operator not to exceed the actual cost of collecting the unpaid toll. The department shall adopt by rule the amount of civil penalty that may be imposed for each violation of subsection (1) of this section.

(3) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the department considers proper and consistent.

(4) In addition to any other penalty, the department shall refuse to renew the motor vehicle registration of a motor vehicle when the registered owner of the motor vehicle has not paid the toll, the civil penalty and any administrative fee charged under this section.

(5) This section does not apply to:

(a) A person who is a member of a category of persons exempted by the Oregon Transportation Commission from paying a toll; or

(b) A person who is a member of a category of persons made eligible by the commission for paying a reduced toll, to the extent of the reduction.

(6) Civil penalties imposed under this section shall be imposed in the manner provided by ORS 183.745.

(7) The department may enter into an agreement with a commission or a commission’s designee under ORS 381.725 (3) to enforce the payment of tolls and other charges for use of an interstate toll bridge. [2007 c.531 §4; 2013 c.4 §10; 2021 c.630 §142; 2022 c.7 §17]

383.040 [Repealed by 1981 c.153 §79]

383.045 Evidence from electronic toll collection system; payment of fees. (1) A recorded image produced by an electronic toll collection system shall capture only images of a vehicle and the license plate of the vehicle.

(2) Except as provided in subsection (3) of this section, a recorded image of a vehicle and the license plate of the vehicle produced by an electronic toll collection system at the time the driver of the vehicle did not pay a toll shall be prima facie evidence that the registered owner of the vehicle is the driver of the vehicle.

(3) If the registered owner of a vehicle is a person in the vehicle rental or leasing business, the registered owner may elect to identify the person who was operating the vehicle at the time the toll was not paid or to pay the toll, civil penalty and administrative fee.

(4) A registered owner of a vehicle who pays the toll, civil penalty and administrative fee is entitled to recover the same from the driver, renter or lessee of the vehicle. [2007 c.531 §10; 2021 c.630 §143]

383.050 [Repealed by 1981 c.153 §79]

383.055 Assessment and collection of unpaid tolls; rules. The Oregon Transportation Commission shall establish a process by rule for the assessment of unpaid tolls and the collection of civil penalties and administrative fees under ORS 383.035. [2007 c.531 §9]

383.060 [Repealed by 1981 c.153 §79]

383.065 [2007 c.531 §7; repealed by 2021 c.630 §153]

383.070 [Repealed by 1981 c.153 §79]

383.075 Driver records and information used to collect and enforce tolls; fees; rules. (1) Except as provided in subsections (2) and (3) of this section, records and information used to collect and enforce tolls are exempt from disclosure under public records law and are to be used solely for toll collection.

(2) Information collected or maintained by an electronic toll collection system may not be disclosed to anyone except:

(a) The owner of an account that is charged for the use of a tollway;

(b) A collection agency, as defined in ORS 697.005, a payment processor as defined by the Department of Transportation by rule, an agency, as defined in ORS 183.310, or a financial institution, as necessary to collect tolls owed;

(d) The tollway operator and authorized employees of the operator;

(e) A law enforcement officer who is acting in the officer’s official capacity in connection with toll enforcement;

(f) An administrative law judge or court in an action or proceeding in relation to unpaid tolls or administrative fees or civil penalties related to unpaid tolls; and

(g) As requested for use in any civil, criminal or other legal proceeding or investigation that relates to the use of a tollway.

(3) Information collected or maintained by a photo enforcement system may not be disclosed to anyone except:

(a) The registered owner of the vehicle;

(b) Employees of the department;

(d) A law enforcement officer who is acting in the officer’s official capacity in connection with toll enforcement; and

(e) An administrative law judge or court in an action or proceeding in relation to unpaid tolls or administrative fees or civil penalties related to unpaid tolls.

(4) The department may charge a reasonable fee under ORS 192.324 for providing information under this section.

(5) The department may adopt rules specifying conditions that must be met by a person or unit of government requesting information under this section. Conditions may include but are not limited to:

(a) Providing reasonable assurance of the identity of the requester;

(b) Providing reasonable assurance of the uses to which the information will be put, if applicable;

(c) Showing that the person whose information is to be disclosed has given permission for the disclosure, if permission is required; and

(d) Submitting a written request for the information in a form prescribed by the department. [2007 c.531 §11; 2021 c.630 §144]

383.080 [Repealed by 1981 c.153 §79]

383.090 [Repealed by 1981 c.153 §79]

383.100 [Repealed by 1981 c.153 §79]

383.110 [Repealed by 1981 c.153 §79]

383.120 [Repealed by 1981 c.153 §79]

383.130 [Repealed by 1981 c.153 §79]

383.140 [Repealed by 1981 c.153 §79]

383.150 Toll program. (1) The Oregon Transportation Commission shall establish a toll program.

(2) As part of the toll program, after seeking and receiving approval from the Federal Highway Administration, the commission may assess variable rate tolls. Tolling may include, but is not limited to assessing variable rate tolls for the purpose of:

(a) Managing congestion; and

(b) Partially or wholly funding the construction, operation or maintenance of a highway.

(3) The commission shall assess tolls in the following locations:

(a) On Interstate 205, beginning at the Washington state line and ending where it intersects with Interstate 5 in this state.

(b) On Interstate 5, beginning at the Washington state line and ending where it intersects with Interstate 205.

(4) To the extent necessary and permitted by state and federal law and Article IX, section 3a, of the Oregon Constitution, the commission shall ensure tolls assessed pursuant to subsection (3) of this section or tolls assessed as part of the Interstate 5 Boone Bridge and Seismic Improvement Project:

(a) Reduce traffic congestion by managing demand on the tollway and by improving operations on the tollway;

(b) Reduce traffic congestion as a result of the tollway, not only on the tollway but also on adjacent, connected or parallel highways to the tollways, regardless of ownership;

(c) Improve safety not only on the tollway but also on adjacent, connected or parallel highways to the tollways, regardless of ownership; and

(d) Minimize and mitigate impacts to historically and currently underrepresented and disadvantaged communities.

(5) Any unit of government assessing tolls on highways for which the unit of government is the road authority, pursuant to ORS 810.010, shall collaborate with other units of government to:

(a) Determine whether assessing tolls may result in traffic, equity, safety or climate impacts as a result of assessing tolls;

(b) Determine appropriate investments or efforts that may minimize or reduce any potential impacts; and

(6) Before assessing tolls in the locations described under subsection (3) of this section, the commission shall report to the Joint Committee on Transportation established under ORS 171.858.

(7) The commission may enter into agreements with the State of Washington, or the State of Washington’s tollway operator or other designee, relating to establishing, reviewing, adjusting and collecting tolls for the program described in this section.

(8) As used in this section, “highway” has the meaning given that term in ORS 366.005. [2017 c.750 §120; 2021 c.630 §146]

383.155 [2017 c.750 §120a; repealed by 2021 c.630 §138]

FINANCING

383.200 Revenue bonds for tollway projects. (1) In accordance with the applicable provisions of ORS chapter 286A, the State Treasurer, at the request of the Department of Transportation, may issue and sell revenue bonds known as tollway project revenue bonds for the purpose of financing tollway projects, provided that such bonds do not constitute a debt or general obligation of the department or of this state or any of its political subdivisions, but shall be payable solely from the revenues, amounts, funds and accounts described in ORS 383.009, 383.205 and 383.235.

(2) The proceeds of bonds issued under this section may be used by the department or loaned or granted to a private entity or a local government, as defined in ORS 174.116, for the purposes of:

(a) Financing any portion of the costs related to the purposes described in ORS 383.009 (2);

(b) Funding any required reserves; and

(3) The bonds authorized by this section may be issued as taxable bonds or as tax-exempt bonds under the income tax laws of the United States.

(4) Notwithstanding the status of the bonds for federal income tax purposes, interest paid to the owners of the bonds shall be exempt from personal income taxes imposed by this state.

(5) Subject to the limitations under ORS 383.004 and 383.009, when issuing bonds under this section, the department and the State Treasurer may make covenants with bondholders regarding the imposition and regulation of tolls to meet the department’s obligations under the terms of any indenture prepared under ORS 383.225, any loan agreement and any grant agreement, including without limitation:

(a) Financial covenants, debt service requirements, reserve requirements and any other funding requirements;

(b) The use of the amounts required to be deposited in the Toll Program Fund; and

(6) The state may not in any way impair obligations of any agreement between the state and holders of tollway project revenue bonds issued under this section.

(7) The department, with the approval of the State Treasurer, may designate the extent to which a series of tollway project revenue bonds authorized under this section is secured and payable:

(a) On a parity of lien or on a subordinate basis to existing or future Highway User Tax Bonds issued under ORS 367.615, but only if sufficient moneys described under ORS 367.605 may be pledged to:

(A) First, pay the annual bond debt service of all Highway User Tax Bonds issued pursuant to ORS 367.615 and 367.620; and

(B) Second, pay the annual bond debt service for all tollway project revenue bonds issued under this subsection; or

(b) From additional revenue sources as permitted under ORS 383.205.

(8) A holder of tollway project revenue bonds issued under this section may not compel the payment of federal transportation funds to the department.

(9) This section is supplemental and in addition to any other authority in ORS chapters 286A, 366 and 367 for the issuance of bonds by the State Treasurer at the request of the department. [2021 c.630 §147]

383.205 Sources of funds to secure revenue bonds for tollway projects. (1) Moneys deposited in the Toll Program Fund established under ORS 383.009 are pledged to the payment of tollway project revenue bonds issued under ORS 383.200.

(2) The Department of Transportation, with the approval of the State Treasurer, may designate in any revenue declaration or indenture prepared under ORS 383.225 additional revenues as security for the payment of tollway project revenue bonds. The department shall set the order of priority for the additional revenues used. Additional revenues may include:

(a) Moneys under ORS 367.605, which are pledged to payment of Highway User Tax Bonds issued under ORS 367.615, on a parity of lien or on a subordinate and junior basis;

(b) Moneys received by the department from the United States government; or

(3) The lien or charge of any pledge of moneys in the Toll Program Fund to secure bonds designated as tollway project revenue bonds under ORS 383.200 is superior or prior to any other lien or charge and to any law of the state requiring the department to spend moneys for tollway project revenue projects. As long as any tollway project revenue bonds issued under ORS 383.200 are outstanding, moneys deposited to the Toll Program Fund shall be applied first to the payment of principal of, and interest on, any bonds designated as tollway project revenue bonds under ORS 383.200 and then to any other purposes described under ORS 383.009. [2021 c.630 §148]

383.210 [Repealed by 1981 c.153 §79]

383.215 Collection and use of federal transportation funds. (1) If allowed by federal law, the Department of Transportation may use federal transportation funds for the following purposes:

(a) For deposit into one or more special funds or accounts that may be pledged to secure payment of the tollway project revenue bonds issued under ORS 383.200.

(b) For payment of the costs of tollway projects.

(2) The department may request the United States government to deposit federal transportation funds directly with a trustee for the holders of tollway project revenue bonds to secure payment of the bonds. [2021 c.630 §149]

383.220 [Amended by 1971 c.741 §29; repealed by 1981 c.153 §79]

383.225 Revenue declaration or indenture; contents; purpose. (1) Before tollway project revenue bonds are issued under ORS 383.200, the Department of Transportation must prepare a revenue declaration or indenture authorizing issuance of the bonds. The revenue declaration or indenture must be signed by the Director of Transportation or a person designated by the director and must be approved by the State Treasurer or a person designated by the State Treasurer.

(2) A revenue declaration or indenture prepared under this section may do any of the following:

(a) Pledge any part or all of moneys described under ORS 383.205 for purposes of the bonds to be issued.

(b) Limit the purpose for which the proceeds of the sale may be applied by the department.

(c) Make pledges concerning the proceeds of the sale or moneys described under ORS 383.205 as necessary to secure payment of bonds of the department.

(d) Limit or establish terms upon which additional bonds or refunding bonds may be issued under ORS 383.200.

(e) Provide for procedures, if any, by which the terms of contracts with bondholders may be amended or rescinded, for the percentage of the bondholders that must consent to amendment or rescission of the contract and for the manner of bondholder consent to any amendment or rescission of the contract.

(f) Establish a trustee and vest the trustee with property, rights, powers and duties in trust, as the State Treasurer determines appropriate.

(g) Provide for other matters affecting the issuance of bonds.

(h) Provide for a debt service reserve pursuant to ORS 286A.025 (6).

(i) Provide for certain covenants pursuant to ORS 286A.025 (4)(c) and 286A.102 (10). [2021 c.630 §150]

383.230 [Repealed by 1981 c.153 §79]

383.235 Reserve account. (1) The Department of Transportation may establish one or more separate reserve accounts within, or separate and distinct from, the Toll Program Fund in connection with the issuance of tollway project revenue bonds issued under ORS 383.200.

(2) The moneys held in any account established under this section may be subject to the provisions of any revenue declaration or indenture prepared under ORS 383.225. [2021 c.630 §151]

383.240 [Repealed by 1981 c.153 §79]

383.245 Bond form, issuance and maturity; provisions subject to determination of State Treasurer. (1) A tollway project revenue bond issued under ORS 383.200:

(a) Must contain on its face a statement that the ad valorem taxing power of this state is not pledged to the payment of the principal or the interest on the bond.

(b) Shall be issued as provided in ORS chapter 286A.

(c) Must mature on or before a date determined by calculation of the expected economic life of the improvements, assets and projects financed with the proceeds of the bond.

(2) The State Treasurer shall determine, after consultation with the Department of Transportation, all aspects relating to the sale of bonds under ORS 383.200 that are not otherwise specifically provided in ORS 383.200 to 383.245. [2021 c.630 §152]

383.250 [Repealed by 1981 c.153 §79]

383.260 [Repealed by 1981 c.153 §79]

383.270 [Repealed by 1981 c.153 §79]

383.280 [Repealed by 1981 c.153 §79]

383.310 [Repealed by 2007 c.531 §19]

383.315 [1995 c.668 §13; repealed by 2007 c.531 §19]

383.320 [Repealed by 2007 c.531 §19]

383.330 [Repealed by 2007 c.531 §19]

383.340 [Repealed by 2007 c.531 §19]

383.350 [Repealed by 2007 c.531 §19]

383.360 [Repealed by 2007 c.531 §19]

383.370 [Repealed by 2007 c.531 §19]

383.380 [Repealed by 2007 c.531 §19]

383.385 [1997 c.671 §1; repealed by 2007 c.531 §19]

383.386 [1997 c.671 §2; 2001 c.844 §8; repealed by 2007 c.531 §19]

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