justicedao/ipfs_state_laws huggingface dataset:
731-040-0050 Evaluation and Authorization (1) This rule applies to all proposals to approve initial toll rates on an authorized tollway project, including proposals submitted jointly with the Department under an OIPP agreement. (2) The operator must create a process equity plan prior to submitting a proposal for initial rates and the rate proposal must include feedback on the proposed rate obtained by engaging with communities identified in the process equity plan. (3) The toll rate proposal must include an evaluation of how outcome equity has informed the design of the proposal and plans for how it will inform the implementation and operation of the tolled facility. (4) The Department will evaluate the toll rate proposal and provide a recommendation to the Commission. (5) When establishing initial toll rates, the Commission must consider the Department’s recommendations and the factors described in ORS 383.004 and set rates to address the following: (a) The cost of toll operations and improvements, preservation, and maintenance of the tollway project, tollway, and related facilities, including paying any debt service issued to finance tollway projects. (b) Management of congestion to desired thresholds, as established for the tollway and adjacent roadways, including but not limited to, travel times, speeds, reliability, increasing accessibility, reducing greenhouse gas emissions, and avoiding, to the extent practicable, the reduction of existing service levels on the tollway. (6) In addition to the factors described in section (5) of this rule, the Commission may consider: (a) Authorizing toll reductions or exemptions. The reduction or exemption may be limited and directly related to the needs for operation, maintenance, safety, person-carrying capacity of the roadway, or for emergency response. The Commission may also consider a reduction or exemption for low-income households or for tribal members and tribal government vehicles. (b) Simplifying the rate structure to help with communication and public understanding, which may include minimizing the number of different rates, limiting rate changes throughout the day, or rounding rates to the closest 5 cent increment. (c) Determining how or if to apply toll rates for overnight and non-congested periods. (d) Structuring rates to encourage users to shift trips to less busy times of day, telecommute, or use other modes of transportation, such as public transportation, carpools, biking, and walking. (e) Setting rates based on vehicle classification, in accordance with requirements for fairness and proportionality between classes of vehicles, as provided in Article IX, section 3a(3), of the Oregon Constitution. (7) The Commission will approve, conditionally approve, or disapprove a proposal to establish initial toll rates. A Commission decision is issued in writing. Statutory/Other Authority: ORS 184.619 & 383.015 Statutes/Other Implemented: ORS 383 History: DOT 6-2024, amend filed 12/04/2024, effective 12/05/2024 DOT 5-2012, f. & cert. ef. 7-19-12 DOT 3-1997, f. & cert. ef. 12-29-97
731-040-0051 Process for Approving Initial Rates on Tollways on Interstate Bridges (1) This rule applies to a proposal to approve initial toll rates on an interstate bridge that is or will be a state highway under the Department’s jurisdiction, including proposals submitted by the Department, or jointly with the Department under ORS 381.010 (Columbia River bridges), or ORS 381.098 (Snake River bridges). Approval of tolls on interstate bridges is also subject to the requirements of OAR 731-040-0050. (2) The proposal must be submitted to the Department for review. The Department will consider the factors identified in OAR 731-040-0050 in evaluating the initial toll rate proposal and provide a recommendation to the Commission. (3) The Commission will consider the Department’s recommendation, the factors identified in OAR 731-040-0050, and all the following: (a) Whether another state has any authority over the bridge. (b) Whether the proposal has been authorized, or is expected to be authorized, by the governing body with jurisdiction over the proposal in the other state linked to Oregon by the bridge. (c) Whether the proposal is consistent with any conditions imposed by the governing body with jurisdiction over the proposal in the other state, if any. (d) Whether the proposer has legal authority to implement the project in the other state, and if not, the level of coordination between the proposer and the entity having such authority. (4) The Commission will approve, conditionally approve, or disapprove a proposal to establish initial toll rates. A Commission decision is issued in writing. Statutory/Other Authority: ORS 184.619, 383.004, 383.015 & 383.075 Statutes/Other Implemented: ORS 383 History: DOT 6-2024, adopt filed 12/04/2024, effective 12/05/2024
731-040-0056 Process for Approving Revised Rates, Generally (1) This rule applies to a tollway operator, including a tollway operator operating jointly with the Department under an OIPP agreement. (2) Proposals to revise toll rates shall include analysis and documentation of the following: (a) How the proposed toll rate revisions account for the factors in OAR 731-040-0050. (b) Feedback gained from engagement with communities identified in the process equity plan on the revised toll rates. (c) How outcome equity will be impacted by the revised toll rates; and (d) Explaining revisions to the toll rates, toll exemptions, reductions, or toll rates for different vehicle classifications. (3) The Department will consider the operator’s performance review(s), described in OAR 731-040-0065, evaluate the proposed toll rate revisions and provide a recommendation to the Commission. (4) The Commission will review the Department’s recommendation and approve, conditionally approve, or disapprove a proposal to revise toll rates. A Commission decision is issued in writing. Statutory/Other Authority: ORS 184.619 & 383.004 Statutes/Other Implemented: ORS 383 History: DOT 6-2024, amend filed 12/04/2024, effective 12/05/2024 DOT 5-2012, f. & cert. ef. 7-19-12
731-040-0061 Process for Approving Revised Rates on Interstate Bridges (1) This rule applies to a tollway operator’s proposal to revise the tolls on a tollway on an interstate bridge that is or will be a state highway under the Department’s jurisdiction, including proposals submitted by the department, or jointly with the department under ORS 381.010 (Columbia River bridges) or ORS 381.098 (Snake River bridges). Approval of revised toll rates on these interstate bridges is also subject to the requirements of OAR 731-040-0056. (2) The Department will consider the operator’s performance review(s), described in OAR 731-040-0065, evaluate the proposed revisions and provide a recommendation to the Commission. (3) The Commission will consider the Department’s recommendation, and all of the following: (a) Whether another state has any authority over the bridge. (b) Whether the proposed toll schedule has been authorized, or is expected to be authorized, by the governing body with jurisdiction over the project in the other state linked to Oregon by the bridge. (c) Whether the proposal is consistent with any conditions imposed by the governing body with jurisdiction over the proposed toll schedule in the other state, if any. (d) Whether the proposer has legal authority to approve the toll schedule in the other state, and if not, the level of coordination between the proposer and the entity having such authority. (4) The Commission will approve, conditionally approve, or disapprove a proposal to revise toll rates. A Commission decision is issued in writing. Statutory/Other Authority: ORS 184.619, 383.004, 383.015 & 383.075 Statutes/Other Implemented: ORS 383 History: DOT 6-2024, adopt filed 12/04/2024, effective 12/05/2024
731-040-0062 Tolling System Compatibility with the State of Washington Toll collection and enforcement systems used on tollways in Oregon shall be inter-operable with toll collection and enforcement systems used in the State of Washington to the extent technology permits. Statutory/Other Authority: ORS 184.616, 184.619 & 383.014 Statutes/Other Implemented: ORS 383.014 History: DOT 5-2012, f. & cert. ef. 7-19-12
731-040-0064 Civil Penalties for Failure to Pay a Toll (1) In addition to any other penalty or sanction provided by law, a person who is required to pay a toll as described in ORS 383.035 and fails to pay a toll established pursuant to ORS 383.004, shall pay to the department, for each unpaid toll: (a) The amount of the toll; (b) For the first unpaid toll, a civil penalty of $15; and, (c) For each subsequent unpaid toll: The limit provided in ORS 383.035; (2) Each time a bill is sent to a person for an unpaid toll, an administrative fee of $2 shall be assessed as reimbursement for labor, materials, printing and postage expenses. (3) An unpaid toll will be considered a subsequent unpaid toll if the person was assessed a civil penalty for an unpaid toll within three years of the unpaid toll under consideration. (4) Civil penalties and administrative fees assessed under this rule shall be collected as provided in ORS 183.745 and according to the procedures in OAR 137-003-0501 to 137-003-0700. (5) The department shall refuse to renew the motor vehicle registration of the motor vehicle owned by a person who at the time of application for registration has unpaid tolls, civil penalties or any administrative fees charged under this section. Statutory/Other Authority: ORS 184.616, 184.619, 802.010, 383.035 & 383.055 Statutes/Other Implemented: ORS 383.035 & 383.055 History: DOT 5-2012, f. & cert. ef. 7-19-12
731-040-0065 Tollway Operator Performance Review (1) This rule applies to tollway operators, including those operating jointly with the Department under an OIPP agreement. (2) A tollway operator shall provide a written annual performance review of the tollway to the Department and Commission no later than one year from the date of commencing operations. Subsequent annual reviews shall cover a state fiscal year and be due after the end of the fiscal year. If the tollway operator intends to propose revised toll rates in the coming fiscal year, the tollway operator shall include the analysis and documentation described in OAR 731-040-0056 in the review. (3) The written annual performance review must include the following: (a) Revenue and administration costs for the tollway project and tollway. (b) Status of tollway project investments, financing requirements, and needs for maintenance, operations, preservation, and rehabilitation. (c) A report on mobility and safety of the tollway and adjacent roadways included in the tollway project footprint and any changes to travel patterns associated with imposing tolls. (d) Overall amount of tolls collected, and tolls collected, including tolls owed, by vehicle classification. (e) Information on transportation mobility and air quality, where monitoring data is available, that would inform the Department’s pursuit of state greenhouse gas emissions reduction and air quality goals. (f) Number and classification of vehicles receiving reductions and exemptions, the impact of reductions and exemptions to revenue and administration costs. (g) If a low-income toll program applies to the tollway, the number of vehicles enrolled in a low-income toll program as a percentage of the estimated number of potentially qualifying customers for that tollway, the impact to revenue and administration costs, and a report on the aggregate travel patterns of vehicles participating in a low-income toll program. (h) Information on vehicle trip counts and transit passenger counts, both on the tolled facility and adjacent facilities that may experience diversion as a result of tolling. Statutory/Other Authority: ORS 184.619, 381.010, 381.098 & 383.004 Statutes/Other Implemented: ORS 383 History: DOT 6-2024, adopt filed 12/04/2024, effective 12/05/2024
731-040-0075 Customer Data (1) Customer records and information used to collect and enforce tolls follow the disclosure requirements specified in ORS 383.075. (2) Public records request fees and requirements for the Department are described in OAR 731-001-0025. (3) An individual requesting customer records or data must submit a request in writing as prescribed by the Department, which is identified on the Department’s webpage. The request must include: (a) Government issued identification to verify the identity of the requestor. (b) Information demonstrating that the requester is one of authorized individuals or entities that may access driver records and information used to collect and enforce tolls, as is identified in ORS 383.075(2) and (3). (c) A description of the requester’s intended use of the information and how that intended use will conform to the requirements in ORS 383.075. (4) The Department may disclose the requested records if the Department is satisfied that requester has provided reasonable assurances that the requester’s identity, uses of the information, and any applicable permissions comply with the requirements of this rule and ORS 383.075. Statutory/Other Authority: ORS 183.413, 183.470, 183.745, 184.619 & 192.324 Statutes/Other Implemented: ORS 383 History: DOT 6-2024, adopt filed 12/04/2024, effective 12/05/2024
731-050-0010 Definition of District Highway For purposes of chapter 669, Oregon Laws 2001 (HB 2142), "District Highway" means a state facility of county-wide significance that functions largely as a county and city arterial or collector. Statutory/Other Authority: ORS 184.616, 184.619 & Sec. 2, Ch. 669 & OL 2001 Statutes/Other Implemented: Sec. 2, Ch. 669 & OL 2001 History: DOT 3-2001, f. & cert. ef. 12-14-01 DOT 1-2001, f. 9-24-01, cert. ef. 10-6-01 thru 4-3-02
731-050-0020 Definition of “Ready for Construction” For purposes of Section 57, Chapter 618, Oregon Laws 2003 (HB 2041), “Ready for Construction” means that priority will be given to modernization projects, that as of the effective date of this rule: (1) Have completed plans, specifications and cost estimates (PS&E); and (2) In the event use of federal funds are likely in any aspect of the project, have been approved for construction by the Federal Highway Administration (FHWA). Statutory/Other Authority: ORS 184.616, 184.619 & Sec. 57, Ch. 618 & OL 2003 Statutes/Other Implemented: Sec. 57, Ch. 618 & OL 2003 History: DOT 3-2004, f. & cert. ef. 6-24-04
731-065-0001 Purpose As required by ORS 184.906, ODOT has established a small business development program. These rules are to implement and administer this program. They detail eligibility criteria, program duration, disqualification factors, and the process for requesting reconsideration of program disqualification. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 184.906 History: DOT 7-2024, adopt filed 12/04/2024, effective 12/04/2024
731-065-0010 Definitions The following definitions apply to terms used in ORS 184.906 and these rules: (1) “Active Project” is an SBDP project where a contract has been awarded but not yet reached Second Notification. “Second Notification” is a written acknowledgment by the ODOT Engineer of the end of Contract Time according to Oregon Standard Specification for Construction 00180.50(g). (2) “Applicant” means a business owner or business representative who completes the application process and attests that their Business meets eligibility requirements for the SBDP. (3) “Business” means a for-profit construction business. (4) “COBID” means the Certification Office for Business, Inclusion and Diversity. It is the sole certification authority for Oregon state programs, which include the Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Veteran Business Entity (VBE), and Emerging Small Business (ESB), and certified for the federal Disadvantaged Business Enterprise (DBE) program. (5) “Expired” means the SBDP participation term of 2 years following program acceptance has been completed and the Business did not renew participation. The Business is no longer eligible for program participation unless it reapplies. (6) “Misconduct Disqualification” is disqualification of the Business due to specific conduct that includes but is not limited to conduct that is intentionally false or misleading to gain access to the program. (7) “ODOT” or “Department” means the Oregon Department of Transportation. (8) “Participation” means the business’s ability to participate in the SBDP and compete for public improvement contracts that the Department procures under the SBDP. (9) “SBA” means the United States Small Business Administration. (10) “SBDP” means the Oregon Department of Transportation (ODOT) Small Business Development Program. (11) “Self-Qualification” is a mechanism by which Applicant qualifies for SBDP participation by attesting that it meets required program criteria. (12) “Termination” means the Business may no longer participate in the program. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 184.906 History: DOT 7-2024, adopt filed 12/04/2024, effective 12/04/2024
731-065-0020 Qualifying Criteria (1) A Business may qualify to participate in the SBDP through proof of valid SBA registration, Certification from COBID, or Self-Qualification. (2) Qualification through valid SBA registration or Certification. A Business may qualify for participation in the SBDP if the Business meets any of the following criteria: (a) Has registered with the SBA, or a successor agency, as a small disadvantaged business; (b) Is certified as an emerging small business under ORS 200.055; (c) Has registered with the SBA, or a successor agency, and is eligible to participate in any SBA small business contracting assistance program; or (d) Has been certified by COBID as a Minority Business Enterprise (MBE), a Woman Business Enterprise (WBE), a Disadvantaged Business Enterprise (DBE), a Veteran Business Enterprise (VBE), or an Emerging Small Business (ESB). (3) Self-Qualification. An Applicant may self-qualify their Business for participation in the SBDP if it meets all the following criteria: (a) The Business is for-profit; (b) The Business is in the construction industry; (c) The Business is independently owned and operated; (d) The Business is not a subsidiary of another business; (e) The Business is registered with the Secretary of State; (f) The Business has employed an average of fewer than 500 employees annually, over the past 2 calendar years; (g) The gross receipts of the Business do not exceed an average of $45 million annually, over the past 2 calendar years; and (h) Following completion of the online SBDP application, the Applicant attests that all information provided about the Business is true, accurate, and willingly provided. (4) The Department retains the right to require proof of meeting qualifying criteria at any time. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 184.906 History: DOT 7-2024, adopt filed 12/04/2024, effective 12/04/2024
731-065-0030 Application Process, Program Participation Term, and Renewal (1) A Business may submit an application to participate via the SBDP application online through the ODOT website or by delivering a hard copy to 355 Capitol St. NE, MS11, c/o SBDP, Salem, OR 97301. (2) Upon notification that it has received an application from a Business, the Department will determine whether it meets the qualifying criteria. (3) If the Business meets the qualifying criteria, the Department will notify the Business that the business has been accepted as an SBDP Participant for a two-year term. The Business will be notified of acceptance in writing, and the two-year participation term will be identified in the acceptance letter. (4) If the Department determines that the Business does not meet the qualifying criteria, the Department will issue a Notice of Intent to Deny Participation for Failure to Meet Qualifying Criteria by Certified Mail, which will include: (a) An explanation supporting the reasons for failure to qualify and, (b) A statement of the Business's ability to request Administrative Reconsideration of program qualification and applicable deadlines. (c) The Business has 20 calendar days from the date of the Notice of Intent to request Administrative Reconsideration. (5) If the Department does not receive a request for Administrative Reconsideration within 20 calendar days, the Notice of Intent to Deny Participation for Failure to Meet Qualifying Criteria will become the Department’s final determination of program eligibility. (6) Renewal. The process to renew participation at the end of the term is as follows: (a) The Department will notify the Business that the two-year participation term is expiring. (b) Notifications will be provided to the Business 30 calendar days prior to expiration and 7 calendar days prior to expiration. The notifications will be in writing with the first sent by Certified Mail. (c) The Business may renew program participation for another two-year term upon timely attestation confirming continued eligibility as set out in Section 731-065-0020. (7) If the Business does not timely attest to its eligibility, then the Business’ participation term will expire, and participation is terminated on its expiration date. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 184.906 History: DOT 7-2024, adopt filed 12/04/2024, effective 12/04/2024
731-065-0040 Change In Qualifying Criteria (1) If a Business no longer meets SBDP qualifying criteria, the Business must notify the Department of the change within 30 calendar days. A change in qualifying criteria only impacts future bidding opportunities in the SBDP. (2) If the Department suspects that a Business no longer meets SBDP qualifying criteria, the Department may request documentation to assess Business eligibility. The Department retains the right to require proof from a Business of qualifying criteria at any time. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 184.906 History: DOT 7-2024, adopt filed 12/04/2024, effective 12/04/2024
731-065-0050 Disqualification (1) The Department may disqualify and terminate the participation of a Business if it determines that a Business no longer meets the eligibility criteria set out in section 731-065-0020. (2) When the Department determines that the Business no longer meets the eligibility requirements, the Department will send by Certified Mail, a Notice of Intent to Disqualify and Terminate Participation. The Notice will include: (a) The effective date of program disqualification; (b) An explanation supporting the reasons for disqualification; and (c) A statement of the Business's ability to request Administrative Reconsideration and applicable deadlines. (3) The Business has 20 calendar days from the date of the Notice of Intent in which to request Administrative Reconsideration. If the Department does not receive a request for Administrative Reconsideration within 20 calendar days, the Notice of Intent to Disqualify and Terminate Participation will become the Department’s final determination of program eligibility. (4) A disqualified Business may reapply for the SBDP following the procedures set out in section 731-065-0020. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 184.906 History: DOT 7-2024, adopt filed 12/04/2024, effective 12/04/2024