(1) Except as provided in ORS 479.950, the Department of Transportation, by rule, shall establish a system safety program standard that applies to any municipal corporation that owns or operates a rail fixed guideway system that is not regulated by the Federal Railroad Administration. The Department of Transportation is designated as the state agency to monitor compliance with the standard, as required by federal law.
(2) As used in this section, “municipal corporation” means:
(a) A county;
(b) A city;
(c) A special district organized under ORS 198.705 to 198.845;
(d) A mass transit district organized under ORS 267.010 to 267.390;
(e) A transportation district organized under ORS 267.510 to 267.650;
(f) A metropolitan service district organized under ORS chapter 268;
(g) A port organized under ORS 777.005 to 777.725 or 777.915 to 777.953; or
(h) The Port of Portland created by ORS 778.010.
(3) The department shall set an annual fee for operators of rail fixed guideway systems to defray the costs of the safety program described in subsection (1) of this section and the costs associated with department responsibilities under ORS 267.230 (2). The department shall establish by rule the manner and timing of the collection of the fee. Fees collected by the department that are in excess of the combined actual cost of the safety program and the costs associated with department responsibilities under ORS 267.230 (2) shall be refunded to operators of rail fixed guideway systems within one year following the end of the fiscal year in which the department collected the excess fees. In lieu of a refund, an operator of a rail fixed guideway system may choose to have the excess fees credited against the subsequent year’s fee payment. [1995 c.29 §3; 1997 c.275 §43; 2001 c.522 §11]Section: Previous 824.022 824.024 824.026 824.028 824.030 824.040 824.042 824.045 824.050 824.052 824.054 824.056 824.058 824.060 824.062 Next
Last modified: August 7, 2008