I am still working on the Laquedem Plan to Finance Interstate Transportation And Make Tax-Free Shopping Easier for Washingtonians, but one piece of the plan involves some overlooked bits of Chapter 267 of Oregon Revised Statutes, the chapter that sets out the powers of mass transit districts such as TriMet.
A mass transit district (in this case, TriMet) has the power to build, buy, lease, and operate any improvements and facilities necessary or desirable for the mass transit system of the district. It may also enter into contracts with public agencies of the State of Washington to act jointly or in cooperation with them. ORS 267.225 allows a mass transit district to enter into agreements with other governmental agencies for the joint use of public right of way.
"Mass transit system" includes anything that provides mass transportation for passengers, or provides for the movement of people. This includes bridges that carry buses and allow people to move.
To pay for the system, a mass transit distrct can impose service charges and user fees under ORS 267.320, and it can use these funds to finance the construction, repair, operation, and use of any part of the "primary transit supportive system." The phrase "transit supportive system" means those facilities that are the surface transportation system of a county, including roads, rest areas, park-and-rides, transfer stations, malls, and parking lots. The "primary transit supportive system" means "those facilities upon which or adjacent to which the district physically operates."
If TriMet will operate buses across the Interstate Bridge, then the bridge can be part of the primary transit supportive system, and TriMet can acquire the bridge and charge tolls. (The highway department itself can't charge tolls because the bridge has been paid for -- long story -- but other agencies can, if they can acquire the bridge from ODOT and WSDOT.)
In fact, as I read the statute, TriMet can charge tolls for pretty much any part of the transportation system that it can acquire, as long as it is operating a transit system (meaning a bus) on the bit of the system for which it's charging a toll. It's something to think about.
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