Or. Admin. R. 660-012-0830

Current through Register Vol. 63, No. 6, June 1, 2024

Section 660-012-0830 - Enhanced Review of Select Roadway Projects

(1) Cities and counties shall review and may authorize certain proposed facilities to be included as a planned project or unconstrained project in any part of the local comprehensive plan, including the transportation system plan.

(a) The following types of proposed facilities must be reviewed as provided in this rule:

(A) A new or extended arterial street, highway, freeway, or bridge carrying general purpose vehicle traffic;

(B) New or expanded interchanges;

(C) An increase in the number of general purpose travel lanes for any existing arterial or collector street, highway, or freeway; and

(D) New or extended auxiliary lanes with a total length of one-half mile or more. Auxiliary lane means the portion of the roadway adjoining the traveled way for speed change, turning, weaving, truck climbing, maneuvering of entering and leaving traffic, and other purposes supplementary to through-traffic movement.

(b) Notwithstanding any provision in subsection (a), the following proposed facilities need not be reviewed or authorized as provided in this rule:

(A) Changes expected to have a capital cost of less than $5 million;

(B) Changes that reallocate or dedicate right of way to provide more space for pedestrian, bicycle, transit, or high-occupancy vehicle facilities;

(C) Facilities with no more than one general purpose travel lane in each direction, with or without one turn lane;

(D) Changes to intersections that do not increase the number of lanes, including implementation of a roundabout;

(E) Access management, including the addition or extension of medians;

(F) Modifications necessary to address safety needs; or

(G) Operational changes, including changes to signals, signage, striping, surfacing, or intelligent transportation systems.

(c) Notwithstanding subsection (a), a city or county may carry forward a proposed facility in a major transportation system plan update without review as provided in this rule if it is a planned project in a transportation system plan acknowledged prior to January 1, 2023, and the project meets any of the following at the time of adoption of the update:

(A) The project is included in a general obligation bond approved by voters prior to January 1, 2022;

(B) The project is included as a project phase other than planning in the State Transportation Improvement Program adopted by the Oregon Transportation Commission, or a metropolitan planning organization's transportation improvement program;

(C) The project has received a decision under the National Environmental Policy Act of 1969; or

(D) The project has been advertised for construction bids.

(2) Cities and counties choosing to authorize a proposed facility as provided in this rule shall:

(a) Initiate the authorization process through action of the governing body of the city or county;

(b) Include the authorization process as part of an update to a transportation system plan to meet the requirements as provided in OAR 660-012-0100, or have an existing acknowledged transportation system plan meeting these requirements;

(c) Have met all applicable reporting requirements as provided in OAR 660-012-0900;

(d) Designate the project limits and characteristics of the proposed facility, including length, number of lanes, or other key features;

(e) Designate a facility impact area and determine affected jurisdictions as provided in section (3);

(f) Conduct an engagement-focused equity analysis of the proposed facility as provided in OAR 660-012-0135;

(g) Develop a public involvement strategy as provided in section (4);

(h) Conduct an alternatives review as provided in sections (5) and (6);

(i) Choose to move forward with an authorization report as provided in section (7);

(j) Complete an authorization report as provided in section (8); and

(k) Publish the authorization report as provided in section (9).

(3) A city or county designating a facility impact area and determining affected jurisdictions shall:

(a) Coordinate with all cities and counties with planning jurisdictions within two miles of the limits of the proposed facility to determine the extent of the facility impact area;

(b) Review the extent of the impact of the proposed facility by including all areas where implementation of the proposed facility is expected to change levels or patterns of traffic or otherwise change the transportation system or land use development patterns;

(c) Take particular care when reviewing the facility impact area in places with concentrations of underserved populations. The city or county must consider the special impact of new facilities in the context of historic patterns of discrimination, disinvestment, and harmful investments;

(d) Designate a facility impact area to include, at minimum, areas within one mile of the proposed facility; and

(e) Determine affected jurisdictions by including all cities or counties with planning jurisdictions in the designated facility impact area.

(4) A city or county developing a public involvement strategy shall, in coordination with affected jurisdictions:

(a) Develop the public involvement strategy as provided in OAR 660-012-0130.

(b) Require that the public involvement strategy provides for opportunities for meaningful public participation in decision-making over the course of the authorization process;

(c) Require that the public involvement strategy includes regular reports to the affected governing bodies, planning commissions, and the public on the progress of the authorization process; and

(d) Coordinate the public involvement strategy with other public involvement activities that may be concurrent, including updates to a transportation system plan or authorizations for other proposed facilities.

(5) A city or county choosing to undertake an alternatives review shall, in coordination with affected jurisdictions:

(a) Have designated the facility impact area, determined affected jurisdictions, transit service providers, and transportation options providers; and developed a public involvement strategy as provided in this rule;

(b) Develop a summary of the expected impacts of the proposed facility on underserved populations identified as provided in OAR 660-012-0125, particularly, but not exclusively, in neighborhoods with concentrations of underserved populations. These impacts must include, but are not limited to, additional household costs, and changes in the ability to access jobs and services without the use of a motor vehicle;

(c) Develop a summary of the estimated additional motor vehicle travel per capita that is expected to be induced by implementation of the proposed facility over the first 20 years of service, using best available science;

(d) Investigate alternatives to the proposed facility, as provided in subsections (e) through (h). Cities and counties must use a planning level of analysis, and make use of existing plans and available data as much as practical;

(e) Investigate alternatives to the proposed facility through investments in the pedestrian and bicycle systems. The city or county must:

(A) Review the transportation system plan for identified gaps and deficiencies in pedestrian and bicycle facilities within the facility impact area;

(B) Determine how much of the need for the proposed facility may be met through enhanced investments in the pedestrian and bicycle networks;

(C) Identify pedestrian and bicycle system investments that could contribute to meeting the identified need which do not require implementation of the proposed facility; and

(D) Identify pedestrian and bicycle system investments that could contribute to meeting the identified need which may be implemented without the proposed facility, and may be retained if the proposed facility is implemented.

(f) Investigate alternatives to the proposed facility through investments in the public transportation system. The city or county must:

(A) Review the transportation system plan for identified gaps and deficiencies in public transportation facilities and services within the facility impact area;

(B) Coordinate with transit service providers to identify opportunities for providing additional transit service within or to the facility impact area; and

(C) Identify potential transit facility and service investments that contribute to meeting the identified need which may be implemented without the proposed facility.

(g) Investigate alternatives to the proposed facility through investments in transportation options programs; or other means to reduce demand for motor vehicle travel. The city or county must:

(A) Review the transportation system plan for identified existing and needed transportation demand management services within the facility impact area;

(B) Coordinate with transportation options providers to identify opportunities for providing transportation demand management services in and around the facility impact area; and

(C) Identify potential transportation options program investments that contribute to meeting the identified need which may be implemented without the proposed facility.

(h) Investigate alternatives to the proposed facility that include system pricing. The city or county must:

(A) Determine if various types of pricing could substantially reduce the need for the proposed facility;

(B) Investigate a range of pricing methods appropriate for the facility type and need, which may include, but are not limited to: parking pricing, tolling, facility pricing, cordon pricing, or congestion pricing; and

(C) Identify pricing methods where it is reasonably expected to meet the need for the facility, may reasonably be implemented, and can be expected to generate sufficient revenue to cover the costs of operating the collection apparatus.

(6) A city or county completing an alternatives review must, in coordination with affected jurisdictions:

(a) Review the projects identified in section (5) to determine sets of investments that may be made that could substantially meet the need for the proposed facility without implementation of the proposed facility. A city or county must consider adopted state, regional, and local targets for reduction of vehicle miles traveled to reduce climate pollution when making determinations of substantially meeting the need for the proposed facility; and

(b) Complete an alternatives review report upon completion of the alternatives review phase. The alternatives review report must include a description of the effectiveness of identified alternatives. The alternatives review report must include the summaries developed in subsections (5)(b) and (c). The alternatives review report must be provided to the public, and the governing bodies and planning commissions of each affected city or county. The alternatives review report must also be included in the next annual report to the director as provided in OAR 660-012-0900.

(7) The governing body of the city or county shall review the alternatives review report and may either:

(a) Select a set of investments reviewed in the alternatives review report intended to substantially meet the identified need for the proposed facility. These investments may be added to the unconstrained project list of the transportation system plan as provided in OAR 660-012-0170; or

(b) Choose to complete the authorization report for the proposed facility, as provided in section (8).

(8) A city or county choosing to complete an authorization report as provided in section (7) shall, after completion of the alternatives review, include the following within the authorization report:

(a) A record of the initiation of the authorization process by the governing body;

(b) The public involvement strategy developed as provided in section (4), and how each part of the public involvement strategy was met;

(c) The alternatives review report;

(d) A summary of the estimated additional long-term costs of maintaining the proposed facility, including expected funding sources and responsible transportation facility operator.

(9) A city or county shall publish the authorization report upon completion and provide it to the public and governing bodies of each affected jurisdiction.

(10) A city or county, having completed and published an authorization report, may place the proposed project on the list of street and highway system projects with other projects as provided in OAR 660-012-0820. A proposed project authorized as provided in this rule may remain on a project list in the transportation system plan as long there are no significant changes to the proposed project or the land use context as described in the authorization report.

Or. Admin. R. 660-012-0830

LCDD 2-2022, temporary adopt filed 06/01/2022, effective 6/1/2022 through 11/27/2022; LCDD 3-2022, adopt filed 08/17/2022, effective 8/17/2022; LCDD 5-2023, temporary amend filed 05/12/2023, effective 5/12/2023through 11/7/2023; LCDD 9-2023, amend filed 11/07/2023, effective 11/7/2023

Statutory/Other Authority: ORS 197.040

Statutes/Other Implemented: ORS 197.012, ORS 197.712 & ORS 468A.205