justicedao/ipfs_state_laws huggingface dataset:
660-012-0130 Decision-Making with Underserved Populations (1) Cities and counties shall, as a part of an involvement program required as provided in OAR 660-015-0000(1), center the voices of underserved populations in processes at all levels of decision-making under this division. Actions that may accomplish this include, but are not limited to: (a) Reporting regularly on progress made under this rule as provided by section (3); (b) Conducting equity analyses as provided in OAR 660-012-0135; (c) Considering the effect on underserved populations when developing plans, including land use plans and plans for public investment; (d) Developing decision-making factors that recognize and work to reduce historic and current inequities; and, (e) Engaging in additional outreach activities with underserved populations and in areas with concentrations of underserved populations. Such outreach activities should include activities in multiple languages and formats, and be accessible to: (A) People with disabilities, (B) People without internet access, and (C) People with limited transportation and child care options, and with schedule constraints around employment or other critical responsibilities. (2) Cities and counties shall identify federally recognized sovereign tribes whose ancestral lands include the planning area. The city or county shall engage with affected tribes to notify them of coordinated land use and transportation planning activities and projects under this division. (3) Cities and counties shall regularly assess and report on progress made under this rule by: (a) Reporting to the department annually as provided in OAR 660-012-0900; (b) Making regular reports to the planning commission and governing body of the city or county; and (c) Making regular public reports to the community. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0145 Transportation Options Planning (1) The transportation system options element of a transportation system plan shall include: (a) The existing programs, services, and projects identified in section (2); (b) The future transportation demand management needs identified in section (3) and the performance targets set as provided in OAR 660-012-0910; and (c) A trip reduction strategy for large employers. (2) Cities and counties shall coordinate with transportation options providers, public transportation service providers, state agencies, and other cities and counties to identify existing transportation options and transportation demand management programs, services, and projects. These shall include, but are not limited to: (a) Education, encouragement, and other transportation demand management programs and services that focus on forms of transportation other than single-occupant vehicles; (b) Transportation demand management programs and policies that discourage the use of single-occupancy vehicles; and (c) Transportation options needs of underserved populations. (3) Cities and counties shall coordinate with transportation options providers, public transportation service providers, and other cities and counties to identify future transportation demand management needs. These shall include, but are not limited to: (a) Commute trip reduction consultation and promotion of programs such as the provision of transit passes and parking cash-out; (b) Physical improvements such as carpool parking spaces and park and ride locations; and (c) Regional solutions for intercity travel. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0150 Transportation System Inventories (1) This rule applies to transportation inventories as provided in OAR 660-012-0505, OAR 660-012-0605, OAR 660-012-0705, and OAR 660-012-0805. (2) Cities and counties shall coordinate with other publicly owned transportation facility and service providers, including, but not limited to state agencies, other cities and counties, and public transportation system operators to develop the transportation system inventory. (3) Inventories shall include all publicly owned, operated, or supported transportation facilities and services within the planning area, regardless of ownership or maintenance responsibility. Inventories shall note ownership or maintenance responsibility for all facilities. (4) Inventories shall clearly identify the following for each inventoried facility or service: (a) Function, including the classification of the facility or service, its primary uses, and whether it primarily serves local, regional, pass-through, or freight traffic. (b) Primary users of the facility, including whether users are primarily on foot, bicycle, transit, freight, or personal vehicle. (c) Land use context for each segment of the facility, including determining what types of planned land uses surround the facility. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012, ORS 197.180 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0160 Reducing Vehicle Miles Traveled (1) The following jurisdictions are exempt from the requirements of this rule: (a) Cities under 5,000 population; (b) Counties under 5,000 population within urban growth boundaries but outside of incorporated cities; and (c) Counties under 10,000 population within urban growth boundaries but outside of incorporated cities. (2) When a city or county, makes a major update to a transportation system plan as provided in OAR 660-012-0105, or Metro makes an update to a regional transportation plan as provided in OAR 660-012-0140, they shall use the following requirements to project vehicle miles traveled per capita for the planning period. (a) The city, county, or Metro must prepare a projection that estimates changes between vehicle miles traveled per capita from the base year and vehicle miles traveled per capita that would result from all projects on the financially-constrained project list prepared as provided in OAR 660-012-0180; and (b) Projections of vehicle miles traveled per capita must incorporate the best available science on latent and induced travel of additional roadway capacity. (3) The projections prepared as provided in section (2) must be based on: (a) Land use and transportation policies in an acknowledged comprehensive plan and in the proposed transportation system plan; (b) Local actions consistent with the adopted performance targets under OAR 660-012-0910, or OAR 660-044-0110; and (c) Forecast land use patterns as provided in OAR 660-012-0340. (4) Cities and counties may only adopt a transportation system plan if the projected vehicle miles traveled per capita at the horizon year using the financially-constrained project list is lower than estimated vehicle miles traveled per capita in the base year scenario. (5) A city or county is not required to meet the requirements in sections (2) through (4) of this rule if the city or county has selected a financially-constrained project list that does not contain any project that would require review as provided in OAR 660-012-0830(1). (6) Metro shall adopt a regional transportation plan in which the projected vehicle miles traveled per capita at the horizon year using the financially-constrained project list is lower than the estimated vehicle miles traveled per capita at the base year by an amount that is consistent with the metropolitan greenhouse gas reduction targets in OAR 660-044-0020. Metro may rely on assumptions on future state and federal actions, including the following state-led actions that affect auto operating costs: (a) State-led pricing policies, and energy prices; and (b) Vehicle and fuel technology, including vehicle mix, vehicle fuel efficiency, fuel mix, and fuel carbon intensity. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 184.899, ORS 197.012, ORS 197.712 & ORS 486A.205 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0170 Unconstrained Project List (1) Cities and counties shall create a combined project list by combining: (a) The pedestrian project list developed as provided in OAR 660-012-0520; (b) The bicycle project list developed as provided in OAR 660-012-0620; (c) The public transportation project list developed as provided in OAR 660-012-0720; and (d) The streets and highways project list developed as provided in OAR 660-012-0820. (2) Cities and counties shall, to the extent practicable, combine proposed projects from multiple single-mode lists into a single multimodal project on the combined project list. (3) Cities and counties shall develop an unconstrained project list by prioritizing the combined project list, including multimodal projects. Cities and counties need not include every project in the combined project list on the unconstrained project list. There is no limit to the number of projects that may be included on the unconstrained project list. (4) Cities and counties shall develop a method of prioritizing projects on the unconstrained project list. Projects on the unconstrained project list may be ranked individually or in tiers. Unconstrained project lists ranked in tiers shall have enough tiers to clearly be able to determine the relative ranking of projects when making decisions. Cities and counties shall describe the method used to prioritize the unconstrained project list in the transportation system plan. Cities and counties must emphasize the following requirements when developing a method of prioritizing projects on the unconstrained project list: (a) The project will help reduce vehicle miles traveled; (b) The project burdens underserved populations less than and benefit as much as the city or county population as a whole; and (c) The project will help achieve the performance targets set as provided in OAR 660-012-0910. (5) Cities and counties shall develop planning-level cost estimates for the top ranked projects on the prioritized unconstrained project list as provided in section (4). The city or county shall make estimates for as many projects as the city or county reasonably believes could be funded in the planning period. The city or county need not make cost estimates for every project on the unconstrained project list. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.899, ORS 197.012, ORS 197.712 & ORS 468A.205 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0180 Financially-Constrained Project List (1) Cities and counties shall include a financially-constrained project list in a transportation system plan. Cities and counties shall use the prioritized unconstrained project list developed as provided in OAR 660-012-0170 and the amount of funding available developed as provided in OAR 660-012-0115 to produce the financially-constrained project list. (2) Cities, counties, Metro, and the state may only develop, fund, and construct projects on the financially-constrained project list. (a) Cities and counties may only submit projects on the financially-constrained project list in their transportation system plan to the financially-constrained list of a federally-required regional transportation plan. (b) Cities and counties may develop, fund, or construct a project on the unconstrained project list if: (A) The project is required as a condition of land development; (B) A property owner is providing financial or material contributions to the project; and (C) The project would not require review as provided in OAR 660-012-0830. (3) Cities and counties shall create a financially-constrained project list using the top available projects on the prioritized unconstrained project list and the planning-level cost estimates developed as provided in OAR 660-012-0170. The sum of the planning-level cost estimates for projects placed on the financially-constrained project list shall not exceed 125 percent of the funding available as identified in OAR 660-012-0115. Cities and counties shall select projects such that the resulting financially-constrained list would: (a) Reduce per capita vehicle miles traveled, as provided in OAR 660-012-0160; (b) Burden underserved populations less than and benefit underserved populations as much or more as the city or county population as a whole; and (c) Make significant progress towards meeting the performance targets set for each performance measure as provided in OAR 660-012-0910 or OAR 660-044-0110. (4) If the list of projects cannot meet each test in section (3), the city or county must adjust the project list to find the highest-ranking set of projects that can meet the criteria in section (3). This is the financially-constrained project list. (5) Cities or counties making a major or minor amendment to the transportation system plan as provided in OAR 660-012-0105 which includes an update to any project list, shall update the financially-constrained project list as provided in this rule. (6) Cities and counties shall prioritize the implementation of projects from the financially-constrained project list for their ability to reduce climate pollution and improve equitable outcomes using the criteria provided in section (3) of this rule. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 184.899, ORS 197.012, ORS 197.712 & ORS 468A.205 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0190 Transportation System Refinement Plans (1) A city or county may, when adopting a major update to the transportation system plan as provided in OAR 660-012-0105, defer decisions regarding function, general location, and mode of a refinement plan if findings are adopted that: (a) Identify the transportation need for which decisions regarding function, general location, or mode are being deferred; (b) Demonstrate why information required to make final determinations regarding function, general location, or mode cannot reasonably be made available within the time allowed for preparation of the transportation system plan; (c) Explain how deferral does not invalidate the assumptions upon which the transportation system plan is based or preclude implementation of the remainder of the transportation system plan; (d) Describe the nature of the findings that will be needed to resolve issues deferred to a refinement plan; and (e) Set a deadline for adoption of a refinement plan. (2) Where a Corridor Environmental Impact Statement (EIS) is prepared pursuant to the requirements of the National Environmental Policy Act of 1969, the development of the refinement plan shall be coordinated with the preparation of the Corridor EIS. The refinement plan shall be adopted prior to the issuance of the Final EIS. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012, ORS 197.200 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0200 Temporary Projects (1) Notwithstanding any other part of this division, an operator of a transportation facility may undertake a temporary project to change streets, roads, or highways consistent with this rule, without specific inclusion in a project list in a transportation system plan. (2) Temporary projects may include: (a) Temporary projects to convert areas dedicated to existing on-street parking or general-purpose travel lanes to pedestrian facilities, areas, or plazas; bicycle facilities; or transit lanes. (b) Temporary projects to implement a pilot program to price facilities for motor vehicles on a street or highway. This rule does not restrain any parking pricing or parking management activities. (c) Temporary transportation projects to provide basic transportation network connectivity and function after a major emergency impacting the transportation system to a significant degree. (3) Temporary projects as provided in this rule may be in place until the end of the planning period. Projects extending past this duration must be adopted into the transportation system plan. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0210 Transportation Modeling and Analysis (1) This rule does not become effective until December 31, 2027. (2) A city or county relying on transportation models or mathematical analysis of the transportation system to make a land use decision shall do so consistently with this rule. (3) The model or analysis must account for changes in vehicle miles traveled per capita that would result from any transportation projects proposed as a part of the land use decision. (4) The assumptions and inputs used with the modeling or analysis must be consistent with acknowledged plans. (5) The modeling or analysis must demonstrate that the land use decision will not increase vehicle miles traveled per capita. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0215 Transportation Performance Standards (1) This rule applies to transportation performance standards that cities and counties use to review comprehensive plan and land use regulation amendments as provided in OAR 660-012-0060. If a city or county requires applicants to analyze transportation impacts as part of development review in acknowledged local land use regulations, then that review must include evaluation of the performance standards established under this rule. This rule applies to transportation performance standards that Metro uses to review functional plan amendments as provided in OAR 660-012-0060. (2) Cities and counties shall adopt transportation performance standards. The transportation performance standards must support meeting the targets for performance measures set as provided in OAR 660-012-0910. The transportation performance standards must include these elements: (a) Characteristics of the transportation system that will be measured, estimated, or projected, and the methods to calculate their performance; (b) Thresholds to determine whether the measured, estimated, or projected performance meets the performance standard. Thresholds may vary by facility type, location, or other factors. Thresholds shall be set at the end of the planning period, time of development, or another time; and (c) Findings for how the performance standard supports meeting the targets for performance measures set as provided in OAR 660-012-0910. (3) Cities, counties, Metro, and state agencies shall adopt two or more transportation performance standards. Metro may adopt regional performance standards in a functional plan for use across regional and local plans. At least one of the transportation performance standards must support increasing transportation options and avoiding principal reliance on the automobile. The transportation system plan must clearly establish how to apply the multiple performance standards to a proposal that meets some, but not all, of the transportation performance standards. The transportation performance standards must evaluate at least two of the following objectives for the transportation system, for any or all modes of transportation: (a) Reducing climate pollution; (b) Equity; (c) Safety; (d) Network connectivity; (e) Accessibility; (f) Efficiency; (g) Reliability; and (h) Mobility. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012, ORS 197.180 & ORS 197.712 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0300 Coordinated Land Use and Transportation System Planning (1) Cities and counties shall coordinate land use and transportation plans. (2) Cities and counties shall, if applicable, adopt and implement climate-friendly areas as provided in OAR 660-012-0310. (3) Cities and counties shall adopt and implement the applicable land use requirements as provided in OAR 660-012-0330. (4) Cities and counties shall, in the development of transportation plans, use the land use assumptions developed as provided in OAR 660-012-0340. (5) Cities and counties shall develop a list of key destinations, identified as provided in OAR 660-012-0360. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0340 Land Use Assumptions (1) Future land use assumptions developed under this rule are for the purposes of transportation planning. These land use assumptions are distinct from those used to plan for residential land needs as provided in ORS 197.296. (2) A city, county, or Metro must develop and adopt future land use assumptions for transportation planning consistent with this rule when preparing a transportation system plan, or zoning a climate-friendly area or Region 2040 center as provided in OAR 660-012-0325. (3) Future land use assumptions must be developed for future years, including but not limited to the planning horizon year of the transportation system plan, and a common horizon year for all jurisdictions within the metropolitan area. (4) Future land use assumptions must be consistent with the most recent final population forecast as provided in OAR 660-032-0020 or OAR 660-032-0030, as applicable. (5) Future land use assumptions for transportation planning must assume existing acknowledged comprehensive plan designations and policies, and existing land use regulations remaining in force throughout the planning period; except where these designations, policies, or regulations are superseded by statute or rule. Future land use assumptions must assume existing acknowledged urban growth boundaries throughout the planning period. (6) Where applicable, future land use assumptions for transportation planning must allocate growth assumptions for employment and housing within climate-friendly areas as provided in OAR 660-012-0320 before allocating growth to other parts of the city or county. (7) Future land use assumptions must be developed at a sufficient level of detail to understand where future development is expected. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012, ORS 197.296 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022