ODOT outlines HB 39 91 implementation and referendum risks as budget uncertainty grows

ODOT Deputy Director Travis Brower and others briefed the commission Dec. 11 on implementation of HB 39 91 and the status of a citizen referendum petition seeking to repeal several of the bill’s tax and fee increases. Brower said four revenue provisions are subject to the circulating petition—the base vehicle registration fee, added title fees, the fuels/use tax increase and a limited‑term payroll tax—and if the referendum qualifies for the ballot ODOT would pause collection and implementation of the referred elements.

"If it qualifies, we cannot begin collecting that revenue," Brower said, and ODOT would need to undertake budget reduction exercises to align spending with available revenue. He noted some elements of the legislation are not part of the referendum (for example, a supplemental registration fee for high‑mpg and electric vehicles and the truck taxation modernization), but added the net revenue effect this biennium is essentially zero after transfers and administrative costs.

Commissioners and staff discussed timing and contingency planning. Brower said the department is modeling options and that many current austerity measures and vacancies have already produced savings that could reduce the need for layoffs. Chair Brown and commissioners urged timely, clear reporting to the legislature and public, and recommended posting implementation status reports and distributing them to transportation committees.

The briefing also covered CIAC (Continuous Improvement Advisory Committee) membership proposals and the department’s plan to deliver quarterly reporting to the legislature beginning March 2026. The commission endorsed a membership slate and delegated selection authority to finalize up to two additional private‑sector subject matter experts.