justicedao/ipfs_state_laws huggingface dataset:
731-036-0010 Purpose of the Rules ORS 367.081 establishes the Multimodal Active Transportation Fund for the purpose of providing grants for bicycle and pedestrian transportation projects. The purpose of the rules in Division 36 is to establish the criteria used in awarding grants from the Multimodal Active Transportation Fund. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 367.081 History: DOT 2-2020, adopt filed 01/24/2020, effective 01/24/2020
731-036-0030 Multimodal Active Transportation Fund Purpose (1) The Multimodal Active Transportation Fund was established by ORS 367.081 to provide grants for pedestrian and bicycle transportation projects. Pedestrian and bicycle transportation projects include the development, construction, reconstruction, resurfacing, or other capital improvement of multiuse paths, bicycle paths, and footpaths that improve access and safety for people walking and bicycling. (2) Funding for transportation projects that comes from the money directed into the Multimodal Active Transportation Fund under ORS 367.081 must be used in accordance with the Oregon Constitution. Transportation projects must be for a public purpose and have a minimum useful life expectancy of at least twenty years. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 367.081 History: DOT 2-2020, adopt filed 01/24/2020, effective 01/24/2020
731-036-0040 Grant Application Procedure and Application Submission Periods (1) The Department will announce periods for submitting applications for funding from the Multimodal Active Transportation Fund by July 1 of each year. (2) Project applications will be reviewed for compliance with the requirements in OAR 731-036-0050, 731-036-0060 , and 731-036-0070. (3) Applications not funded may be resubmitted during subsequent application submission periods announced by the Department. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 367.081 History: DOT 2-2020, adopt filed 01/24/2020, effective 01/24/2020
731-036-0050 Who May Apply for Multimodal Active Transportation Fund Grants (1) Eligible applicants for the Multimodal Active Transportation Fund include: (a) A city, county, state, regional government body, tribe, transit district, school district, special government body, or other unit of local government. If the project is located on public property or right of way, the application must include appropriate letters of support from any affected public agencies or road authorities stating the agency or authority’s endorsement, as applicable to the project; (b) A non-profit organization or other private entity with documented support from one of the governmental bodies identified in section (1) of this rule. The application must include appropriate letters of support from the affected governing bodies. (2) Eligible applicants must also meet the following criteria: (a) The Applicant, if applicable, is current on all state and local taxes, fees and assessments. (b) The Applicant must commit to provide sufficient management and financial capacity to complete the Project includin g, without limitatio n, the ability to contribute 30 percent of the Recipient’s Total Project Cost. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 367.081 History: DOT 2-2020, adopt filed 01/24/2020, effective 01/24/2020
731-036-0060 Eligible Projects and Activities for Multimodal Active Transportation Fund Grants Projects that meet all of the following criteria are eligible: (1) The project is a Transportation Project that is open for public use; (2) The Project will assist in developing a multimodal transportation system that will improve safety and access for people walking or bicycling. Eligible projects, include, but are not limited to: development, construction, reconstruction, major resurfacing, or other capital improvements of multiuse paths, bicycle paths, and footpaths; (3) The Project will improve a critical link; regional path; or path crossing to reduce barriers and hazards for people walking and biking; (4) The Project is eligible for funding with lottery bond proceeds under the Oregon Constitution and laws of the state of Oregon; (5) The Project will not require or rely upon subsidies from the Department for ongoing operations; (6) If the project is located on public property or within a public road right of way, the project must be approved by the appropriate public agency or roadway authority (governing body); (7) Provide a match of at least 30 percent of the total project’s costs; and (8) The Applicant must commit to deliver the project within 5 years from the effective date of the Agreement. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 367.081 History: DOT 2-2020, adopt filed 01/24/2020, effective 01/24/2020
731-036-0070 Grant Application Requirements (1) Applicants interested in receiving funds from the Multimodal Active Transportation Fund must submit an application to the Department. The application must be in a format prescribed by the Department and contain or be accompanied by such information as the Department may require, including: (a) The expected results from the proposed Project for each of the considerations as prescribed in 731-036-0080 , (b) Documented desire for and support of the Project from the entities to be served by the Project, and (c) Documentation to validate the Project schedule and costs. (2) Incomplete applications may be deemed ineligible by the Department as prescribed in 731-036-0090 . Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 367.081 History: DOT 2-2020, adopt filed 01/24/2020, effective 01/24/2020
731-036-0080 Project Selection Criteria The following criteria may be used to select projects for receipt of funds from the Multimodal Active Transportation Fund: (1) Technical merit. (a) Conformance with adopted plans, state land use laws, and applicable federal, state, and local planning and programming requirements; (b) Application of appropriate design standards; (c) Proposed solution addresses identified need; (d) Ability of Applicant to provide at least the minimum required match. (2) Project readiness. A project may be considered ready for construction if the Applicant can demonstrate: (a) Evidence of community engagement/outreach prior to application submission and plan for continued community engagement related to project. This may include consistency with adopted plans, demonstration of community support, documentation of known or potential opposition, and/or letters of support from impacted property owners and other stakeholders (e.g. Area Commission on Transportation, Metropolitan Planning Organization; (b) Support from the appropriate public agency or road authority (if project is located on public property or right of way) and governing body for the project as demonstrated by a letter of support and endorsement; (c) Submission of a project development timeline that includes a proposed start date, the duration of each development stage and dates of major milestones to reflect project completion within 5 years of the effective date of the Project Agreement; (d) Submission of a letter of commitment to provide matching funds in concordance with the project timeline; (e) Proof of site ownership or control, such a recorded deed, irrevocable option for sale, resolution of condemnation action, or schedule to obtain site ownership or control within the project development timeline; (f) Submission of a schedule to demonstrate that environmental and land use decisions, including appeals can be completed within the project development timeline ; and (g) Submission of a schedule to demonstrate that all permits needed for construction can be obtained within the project development timeline, if not obtainable within nine months of the effective date of the project agreement. (3) Benefit. A Project will be considered to be a public benefit if the Applicant can demonstrate that the Project can meet one or more of the following objectives: (a) Project improves transportation system connectivity and the ability of people to walk and bicycle to work, school, and other destinations; (b) Project improves public health and safety; (c) Project meets community outcomes such as improved livability, safety, and connectivity; (d) Project improves equity outcomes; (e) Project maximizes community benefits relative to project costs. (4) Project Characteristics. (a) Project establishes or improves a critical link or improves a regional path; (b) Project is near high need locations as defined in Oregon Bicycle and Pedestrian Plan; (c) Project supports other ongoing or planned infrastructure or non-infrastructure work. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 367.081 History: DOT 2-2020, adopt filed 01/24/2020, effective 01/24/2020
731-036-0090 Application Review (1) The Department will review applications received to determine: (a) Whether the application is complete per the requirements of OAR 731-036-0070 , and (b) Whether the Applicant and the Project are eligible for Program Funds per the requirements of OAR 731-036-0050 or 731-036-0060 . (2) If the Department determines that an Application is not complete or that the Applicant or Project is not eligible for Program Funds, the Department will notify the Applicant that the application request is incomplete or ineligible within 15 business days of the determination. (a) The Department may deem an application ineligible if the Applicant fails to meet eligibility requirements of OAR 731-036-0050 or 731-036-0060 or if the application contains false or misleading information. (b) The Department may deem an application incomplete if it is not in the format prescribed by the Department or is not accompanied by information required by the Department per OAR 731-036-0070 . (3) The Director will consider protests of the eligibility or completeness determination for the Project . Only the Applicant may protest. Protests must be submitted in writing to the Director within 15 days of the event or action that is being protested. The Director’s decision is final. (4) The Department will make all eligible applications available for review to the Oregon Bicycle and Pedestrian Advisory Committee Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 367.081 History: DOT 2-2020, adopt filed 01/24/2020, effective 01/24/2020
731-036-0100 Project Selection and Award (1) The Commission will select Projects to be funded through a grant with moneys in the Multimodal Active Transportation Fund. (2) Prior to selecting Projects to be funded with moneys in the Multimodal Active Transportation Fund, the Commission shall solicit a Final Recommendation Report from the Oregon Bicycle and Pedestrian Advisory Committee (OBPAC). OBPAC will evaluate the eligible applications and submit a Final Recommendation Report to ODOT and the OTC that will include: (a) Recommendations from the committee, (b) A list of projects recommended to be funded with moneys in the Multimodal Active Transportation Fund in priority order, and (c) A list of alternate Projects in priority order. (3) After receipt of the Final Recommendation Report from OBPAC, ODOT will confirm Applicant’s proof of availability of matching funds for the project. (4) The Department shall determine the organizational guidance for the committees’ processes and protocols. Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 367.081 History: DOT 2-2020, adopt filed 01/24/2020, effective 01/24/2020
731-036-0110 Grant Awards and Match (1) Once a project is selected by the Commission under 731-036-0100 the amount of monies identified by the Commission is considered allocated from Program Funds to a Recipient for an Awarded Project. (2) Grants will be awarded only when there are sufficient funds available in the Multimodal Active Transportation Fund to cover the costs of the grants. (3) Grant awards may not exceed 70 percent of the total eligible Project costs. (a) Applicant matching funds must be provided by the Applicant in the form of cash on hand, or through monetary outlay for eligible capital project costs that are reasonable, necessary and directly related to the project. Eligible costs may include, but are not limited to the costs to acquire property, costs to hire staff or consultants to conduct outreach, design, engineer, permit, and administer project, and costs to construct improvements described in the Awarded Project. Donated property, materials, and labor may not be counted towards match. (b) Monetary outlays for (a) above must have been made within ten years of the application deadline for Multimodal Active Transportation grant fund submittals in order to qualify as eligible matching funds. (4) If an Agreement with a Recipient has not been executed within 180 days from the commission’s selection of the project, allocation may be withdrawn, and the funds may be reassigned by the Commission as prescribed in 731-036-0100 . Statutory/Other Authority: ORS 184.619 Statutes/Other Implemented: ORS 367.081 History: DOT 2-2020, adopt filed 01/24/2020, effective 01/24/2020
731-040-0010 Purpose (1) OAR 731, division 40, describe the process for initiating, evaluating, authorizing and administering tollway projects on state right of way proposed by private entities, local or regional governments and the Oregon Department of Transportation and combinations thereof. (2) OAR 731, division 40 includes requirements for submitting project proposals; guidelines for considering financial and other issues; and requirements for consistency with other local, state and federal policies and processes; and the establishment and adjustment of toll rates by the Oregon Transportation Commission. Statutory/Other Authority: ORS 184.619, 383.004 & 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
731-040-0020 Definitions As used in OAR 731, division 40 rules: (1) “Commission” means the Oregon Transportation Commission. (2) “Department” means the Department of Transportation. (3) “Director” means the Director of the Oregon Department of Transportation or the designee thereof. (4) “Interstate bridge” means a bridge over both a waterway that contains a boundary line with another state and the boundary line. (5) “OIPP Partnership Agreement” means a public-private partnership under the Oregon Innovative Partnership Program, as defined in OAR 731-070-0010. (6) “Outcome equity” means acknowledging existing inequities and striving to prevent historically excluded and underserved communities identified at the project-level from bearing a disproportionate burden of negative effects that directly result from the project, and seeking to improve transportation accessibility, options for travel, community health, and affordability for the identified community or communities. (7) “Private entity” has the meaning given in ORS 383.003. (8) “Process equity plan” means a plan for implementing a Tollway Project, from design to post-implementation monitoring and evaluation, that encourages the meaningful participation of individuals and groups from historically excluded and underserved communities, as identified for the Tollway Project. (9) “Related facility” has the meaning given in ORS 383.003. (10) “Toll” has the meaning given in ORS 383.003. (11) “Tollway operator” has the meaning given in ORS 383.003. (12) “Tollway project” has the meaning given in ORS 383.003. (13) "Tollway Concept Proposal” or “TCP” means an unsolicited preliminary proposal for a tollway project that is used to investigate the project’s feasibility and potential impacts and benefits. (14) “Unit of government” has the meaning given in ORS 383.003. Statutory/Other Authority: ORS 184.619, 383.003, 383.004, 383.014 & 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
731-040-0030 Initiation by Public and Private Entities and Administrative Fee A private entity, individual or unit of government may submit an application for review of an unsolicited Tollway Concept Proposal at any time. A private entity or individual must pay an administrative fee of $5,000 to the Department for the Department’s review of an unsolicited TCP. The fee to submit a revised Tollway Concept Proposal for Department review is $2,500. Administrative fees are due and payable at the time of application submission. Applications submitted without the fee will not be reviewed by the Department. A unit of government is not required to pay an administrative fee for the review of an unsolicited TCP. 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
731-040-0031 Initiation Process for Unsolicited Tollway Concept Proposals (1) This rule applies to unsolicited TCPs from private entities, individuals and units of government, pursuant to ORS 383.015. (2) Any administrative fees described in OAR 731-040-0030 must accompany the application. The Department will publish the requirements for content and format of a TCP application on the Department’s website. Requirements include but are not limited to: (a) Information about the applicant entity or consortium of entities (private, public or a combination) including financial information, experience in transportation infrastructure development, public-private partnerships, or federal-aid highway construction. (b) A description of the proposed Tollway Project scope, location, and all proposed interconnections with other transportation facilities; the key risks and assumptions associated with the Project. (c) A description of any work completed to develop the Tollway Project, including planning, environmental analysis, or preliminary engineering. (d) A discussion of support or opposition from local governments and communities impacted by the project, the significant social and economic benefits and burdens of the project. (e) A discussion of project financing, including secured or pledged funds, and their source, anticipated public funding, including funds sought from the Department. (3) The Department will review the TCP and make a recommendation to the Commission based on the criteria in ORS 383.015. (4) Based on the agency recommendation, the Commission may: (a) Approve the proposed concept for further development into a full tollway project through a competitive solicitation for an OIPP project or a Department-initiated tollway project; or (b) Reject the proposal. (5) A Tollway Concept Proposal may be revised and re-submitted by the proposer for Department reconsideration and recommendation to the Commission once, unless otherwise directed by the Commission or Department. The resubmittal fee described in 731-040-0030 must accompany the resubmitted proposal. Statutory/Other Authority: ORS 184.619 & 383.015 Statutes/Other Implemented: ORS 383.015 History: DOT 6-2024, adopt filed 12/04/2024, effective 12/05/2024
731-040-0039 Authorization of Tollway Projects (1) This rule applies to all proposed tollway projects. (2) The Department will evaluate a proposed tollway project and provide findings and a recommendation to the Commission. The Department may not recommend authorization of a tollway project unless the Department makes one of the findings described in ORS 383.004. (3) The Commission will review the proposed tollway project, the Department’s findings and recommendations, the factors identified in ORS 383.0004, and consider the following: (a) How the proposed tollway project will coordinate tolling with existing and potential new transportation services or investments to address congestion on the tollway. (b) How the proposed tollway project will incorporate process equity and outcome equity into the project’s design, implementation, and operations. (c) The effects of tollway implementation on community and local traffic, their magnitude and expected impacts to livability. (4) Upon review of the proposed tollway project, the Commission will authorize, authorize with conditions, or reject the proposal. A Commission decision is issued in writing. (5) A proposal may be revised and re-submitted by the proposer for Department reconsideration and recommendation to the Commission once, unless otherwise directed by the Commission or Department. Statutory/Other Authority: ORS 184.619 & 383.015 Statutes/Other Implemented: ORS 383 History: DOT 6-2024, adopt filed 12/04/2024, effective 12/05/2024
731-040-0041 Authorization of Tollway Projects on Interstate Bridges (1) This rule applies to all proposed tollway projects to establish tolls on an interstate bridge that is or will be a state highway under the Department’s jurisdiction, including proposals submitted by the Department and proposals submitted jointly with the Department under the authority of ORS 381.010 (Columbia River bridges) or ORS 381.098 (Snake River bridges). These tollway projects are also subject to the requirements of OAR 731-040-0039. (2) The Department will consider the factors identified in OAR 731-040-0039 in evaluating the proposal and provide findings and a recommendation to the Commission. The Department may not recommend authorization of a tollway project unless the Department makes one of the findings described in ORS 383.004. (3) The Commission will consider the tollway project proposal, the Department’s findings and recommendations, and all of 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 authorize, authorize with conditions, or reject the proposal. A Commission decision is issued in writing. (5) A proposal may be revised and re-submitted by the proposer for Department reconsideration and recommendation to the Commission once, unless otherwise directed by the Commission or Department. 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