Oregon Revised Statutes Chapter 381 § 381.310 — Port

Port of Hood River bridge projects; definitions; agreements; evaluation of proposals. (1) As used in this section and ORS 381.312: (a) “Bridge” means an existing bridge, or a completed bridge that results from a bridge project, and any related facilities. (b) “Bridge project” means a project to construct, reconstruct or replace a bridge that spans the Columbia River, and any related facilities, that a private entity undertakes in accordance with: (A) An agreement with the Port of Hood River that requires the private entity to fund, in whole or in part, the construction, reconstruction or replacement; and (B) Rules that the port adopts in accordance with subsection (4)(b) of this section. (c) “Bridge project activity” means an activity that a private entity undertakes in accordance with an agreement with the Port of Hood River to plan, acquire, finance, develop, design, construct, reconstruct, replace, improve, maintain, manage, repair, lease, operate or otherwise develop a bridge that spans the Columbia River to Washington State and any related facilities. (d) “Related facilities” means real or personal property for: (A) Operating, maintaining, renovating or facilitating the use of a bridge; (B) Providing goods and services to people who use a bridge; or (C) Generating revenue that can reduce tolls or that will be deposited in an account established under an agreement described in this section. (2)(a) For the purposes set forth in paragraph (b) of this subsection and subject to the requirements of subsection (3) of this section, the Port of Hood River may enter into an agreement for a bridge project that is partially or completely within the port’s district. (b) The purposes of entering into an agreement under paragraph (a) of this subsection are to: (A) Develop an expedited project delivery process; (B) Maximize innovation in project design, construction, delivery or financing; and (C) Develop partnerships with private entities or units of government. (3)(a) An agreement under subsection (2) of this section must, at a minimum, specify: (A) At what point in the bridge project the public and private partners will assume responsibility for specific elements of the bridge project; (B) How the public and private partners will share costs and risks of the bridge project; (C) How the public and private partners will allocate financial responsibility for cost overruns; (D) Incentives to perform and penalties for a failure to perform an element of the bridge project; (E) Accounting and auditing standards for evaluating work on the bridge project; and (F) Whether the bridge project is consistent with the plan that the Oregon Transportation Commission developed under ORS 184.618 and any applicable regional transportation plans or local transportation system programs and, if the bridge project is not consistent with the plans or programs, how and when the bridge project will become consistent with the plans and programs. (b) In addition to the specifications set forth in paragraph (a) of this subsection, the agreement must: (A) Establish an account into which proceeds from tolls, administrative fees and civil penalties from the bridge may be deposited; (B) Provide that the public has dedicated and unrestricted use of the bridge for the duration of the bridge’s functional life unless the port, a state government or the federal government declares an emergency that forbids using the bridge; and (C) Provide that construction of the bridge project may not proceed until the Department of Transportation has issued, in accordance with ORS 374.305, any permits that are necessary to connect the bridge project to state highways. (c) The port may include in an agreement under subsection (2) of this section any financing mechanisms, including but not limited to imposing and collecting franchise fees, user fees or tolls, and any other revenue sources the public and private partners may use. (4)(a) ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to an agreement that the port enters into under subsection (2) of this section, or to bridge project activity undertaken in accordance with the agreement, except that if the bridge project activity is a public works, as defined in ORS 279C.800: (A) ORS 279C.380, 279C.385, 279C.390 and 279C.800 to 279C.870 apply to the bridge project activity; and (B) Any agreement for constructing, reconstructing, performing a major renovation on or painting the bridge project must provide for paying workers under the agreement in accordance with ORS 279C.540 and 279C.800 to 279C.870. (b) Before entering into an agreement under subsection (2) of this section, the port shall adopt rules that substantially conform with the rules that the Department of Transportation has adopted, as of January 1, 2018, to implement the provisions of ORS 367.800 to 367.824. (5) Sensitive business, commercial or financial information