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Innovative Partnerships Program
Administrative Rules
The final OIPP administrative rules are filed with the Secretary of State and effective July 15, 2010
 
731-070
 
The Fee Schedule for submission of unsolicited proposals was adopted in permanent OAR 731-070-0055 by the Oregon Transportation Commission on Jan. 20, 2005
 
731-070-0055
 

Senate Bill 772 Overview
Full text of SB 772 (pdf)
 
Encourages private sector firms and units of government to conceive, develop, construct and operate Oregon transportation projects in partnership with ODOT.
 
Purpose - The bill makes Oregon more hospitable to innovative private sector involvement in an expansive variety of transportation projects. The legislation allows many of Oregon’s largest and most complex transportation projects to proceed more quickly and with greater creative innovation, and oftentimes less expensively, than under traditional project delivery methods.
 
What the Bill Does
 
Removes Statutory Impediments - The bill removes statutory impediments to creation of public-private partnerships for Oregon transportation projects.
 
  • Allows ODOT to solicit, and enter into, partnerships with private entities and units of government for a broad range of transportation projects. (Sections 2 and 3)
  • Allows ODOT to solicit proposals, or accept unsolicited proposals, for transportation projects from private firms or units of government. (Sec. 3)
  • Maintains confidentiality of proprietary information submitted with a transportation project proposal while maintaining public transparency. (Section 3)
  • Allows private sector partners to enter transportation projects as early as the conceptual stage of project development. (Section 4)
  • Exempts transportation projects undertaken by ODOT under the authority of the innovative partnership program from most of the requirements of the state procurement law. Thus, ODOT is allowed to streamline processes for the selection of partners, including pre-qualification of potential partners. (Section 4)
 
Provides Important Partnership Tools - The bill provides important tools for Oregon public-private transportation projects.
 
  • Permits the Attorney General, upon ODOT’s request, to appoint special assistant attorneys general to obtain particular legal expertise in evaluating and negotiating public-private partnership agreements. (Section 5)
  • Establishes a State Transportation Enterprise Fund to pledge moneys to secure debt obligations relating to public-private transportation projects. (Section 6)
  • Authorizes bonding of transportation project revenues under a public-private agreement. (Section 7)
  • Allows grant anticipation revenue bonds (based on future federal funds) for public-private initiatives. (Section 7)
  • Allows financing arrangements available under the federal Transportation Infrastructure Finance and Innovation Act (TIFIA) for public-private initiatives. (Section 7)
  • Expands the ability of the Oregon Transportation Infrastructure Fund to assist in financing a public-private transportation project, including ensuring repayment of loan guarantees on behalf of private entities. (Sections 7, 9, 13 and 14)
  • Allows public-private transportation projects to be financed by funds or property contributed by private entities or units of government. (Sec. 8)
  • Expands ODOT’s authority to use eminent domain to allow private sector ownership of any transportation project facilities. (Section 10)
  • Allows formation of districts to require all revenues from revenue sources collected within the district from the transportation project to be used exclusively for the benefit of the district. (Section 11)
 
Establishes Separate Program Within ODOT - The bill requires ODOT to establish an innovative partnerships program within ODOT separate from traditional project delivery programs. Separated yet coordinated with traditional ODOT processes, the innovative partnerships program will allow achievement of SB 772’s defined goals for development of an expedited project delivery process and maximization of innovation. (Section 3)
 
Provides Expansive Range of Applicability -  Authority granted by this legislation can be applied to a broad range of transportation projects. The term "transportation project" is defined as "any proposed or existing undertaking that facilitates any mode of transportation in" Oregon. Thus, the new authority obtained under Senate Bill 772 is applicable not only to roads and bridges but also to rail, waterways, air travel, bikeways, pedestrian walk ways, and all facilities related to, or that facilitates, any transportation mode. The bill potentially applies to travel of information and power as well. Nevertheless, the bill only grants authority under state law and the applicability of federal law to any transportation project is not affected. (Section 2)
 
Summary
Senate Bill 772 enables ODOT to engage the private sector in an expansive range of transportation projects in ways that yield innovation, speed and potentially lower costs.