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title=31 page=1 <br /> Note: <br /> 366.506 was enacted into law by the Legislative Assembly but was not added to or made a part of <br />ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for <br />further explanation. <br /> 366.507 Modernization program; funding; conditions and criteria. <br /> The Department of <br />Transportation shall use an amount equal to the amount of moneys in the State Highway Fund that becomes <br />available for its use from the increase in tax rates created by the amendments to ORS 319.020, 319.530, <br />825.476 and 825.480 by sections 1, 2 and 10 to 15, chapter 209, Oregon Laws 1985, and an amount equal <br />to one-third of the amount of moneys in the State Highway Fund that becomes available for its use from <br />any increase in tax rates created by the amendments to ORS 319.020, 319.530, 825.476 and 825.480 by <br />sections 5, 6 and 8 to 15, chapter 899, Oregon Laws 1987, and from any increase in tax rates that results <br />from the provisions of sections 16 and 17, chapter 899, Oregon Laws 1987, to establish and operate a state <br />modernization program for highways. The program established under this section and the use of moneys in <br />the program are subject to the following: <br /> (1) The moneys may be used by the department to retire bonds that the department issues for the <br />modernization program under bonding authority of the department. <br /> (2) The intent of the modernization program is to increase highway safety, to accelerate improvements <br />from the backlog of needs on the state highways and to fund modernization of highways and local roads to <br />support economic development in Oregon. Projects both on and off the state highway system are eligible. <br /> (3) Projects to be implemented by the modernization program shall be selected by the Oregon <br />Transportation Commission. The criteria for selection of projects will be established after public hearings <br />that allow citizens an opportunity to review the criteria. The commission may use up to one-half of moneys <br />available under this section for modernization projects selected by the commission from a list of projects of <br />statewide significance. <br /> (4) In developing criteria for selection of projects, the commission shall consider the following: <br /> (a) Projects must be of significance to the state highway system. <br /> (b) Except for projects that are of statewide significance, projects must be equitably distributed <br />throughout Oregon. <br /> (c) Projects may be on county or city arterial roads connecting to or supporting a state highway. <br /> (d) Priority may be given to projects that make a meaningful contribution to increased highway safety. <br /> (e) Priority may also be given to projects that encourage economic development where: <br /> (A) There is commitment by private industry to construct a facility. <br /> (B) There is support from other state agencies. <br /> (f) Priority may be given where there is local government or private sector financial participation, or <br />both, in the improvement in addition to improvements adjacent to the project. <br /> (g) Priority may be given where there is strong local support. <br /> (5) Except as otherwise provided in this subsection, federal moneys or moneys from the State Highway <br />Fund other than those described in this section may be used for the modernization program as long as the <br />total amount used is equal to the amount described in this section. Federal moneys that are appropriated by <br />Congress for specific projects and federal moneys that are allocated by the United States Department of <br />Transportation for specific projects may not be used for the modernization program under this section. <br />[1985 c.209 §9; 1987 c.899 §2; 1999 c.969 §4; 2001 c.766 §§1,2; 2003 c.618 §§14,15; 2005 c.837 §13] <br /> Note: <br /> See note under 366.739. <br />http://www.leg.state.or.us/ors/366.html (28 of 50) [11/3/2008 3:32:17 PM] <br /> <br />