justicedao/ipfs_state_laws huggingface dataset:
734-020-0420 Definitions for Traffic Signal Approval Process For the purposes of OAR 734-020-0400 through 734-020-0500, the following definitions apply: (1) “Approach” means all lanes of traffic moving toward an intersection or a mid-block location from one direction. (2) “MUTCD” means the Manual on Uniform Traffic Control Devices as adopted by OAR 734-020-0005. (3) “Private approach “ means a private roadway or connection that is legally constructed and recognized by the Department in accordance with OAR 734-051. (4) “Public road” means a public roadway, or similar facility under the jurisdiction of a public entity and open to public travel. (5) “Roadway improvement project” means a major construction, reconstruction or realignment of a section of state highway. (6) “State Highway System” means the group of roads and highways, so designated by law or by the Oregon Transportation Commission pursuant to ORS 366.220. (7) “Traffic signal” means any highway traffic signal by which traffic is alternately directed to stop and permitted to proceed. (8) “Engineering study” is a documented comprehensive analysis and evaluation of available pertinent information, and the application of appropriate principles, standards, guidance, and practices as contained in the MUTCD and other sources, for the purposes of deciding upon the applicability, design, operation, or installation of a traffic control device. Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200 Statutes/Other Implemented: ORS 810.200 & 810.210 History: HWD 5-2012, f. & cert. ef. 3-26-12 TO 5-1999, f. & cert. ef. 12-17-99
734-020-0430 Traffic Signal Approval (1) No traffic signal shall be designed for, or constructed on, the State Highway System, regardless of the funding source, without the prior approval of the State Traffic/Roadway Engineer (STRE). (2) Regardless of any ODOT approved documents, such as land use documents, transportation system plans, corridor plans or other agreements a traffic signal shall not be designed or constructed unless first approved by the STRE. (3) An engineering study is required for approval. The study shall indicate the need for the traffic signal and demonstrate that the installation of a traffic signal would improve the overall safety and operation of the intersection. (4) Intersections shall meet MUTCD traffic signal warrants, unless the STRE finds special conditions documented in the engineering study where no existing warrant is applicable. (5) Traffic signal warrants should be met within three years after construction when a traffic signal is constructed as part of a roadway improvement project. (6) Traffic signal warrants should be met on day of opening to accommodate additional traffic from a public or private development. The traffic signal shall not be turned-on more than one month in advance of day of opening. (7) If traffic signal is not advanced to construction within five years the STRE traffic signal approval is automatically rescinded. (8) For private approaches, assess the ability of the existing, planned, and proposed public roads to accommodate the traffic at another location. (9) The STRE traffic signal approval does not assure the eventual design, installation, or operation of a traffic signal. Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200 Statutes/Other Implemented: ORS 810.200 & 810.210 History: HWD 5-2012, f. & cert. ef. 3-26-12 HWD 6-2005, f. & cert. ef. 7-22-05 TO 5-1999, f. & cert. ef. 12-17-99
734-020-0470 Traffic Signal Spacing Requirement The desirable spacing of signalized intersections on statewide and regional highways is 1/2 mile. The STRE may approve the installation of a traffic signal at locations where 1/2-mile spacing is inappropriate or infeasible due to: (1) Topography; (2) Existing or proposed road layout; (3) Identified traffic crash pattern; (4) Unique physical constraints; or (5) Existing or proposed land use patterns. Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200 Statutes/Other Implemented: ORS 810.200 & 810.210 History: HWD 5-2012, f. & cert. ef. 3-26-12 TO 5-1999, f. & cert. ef. 12-17-99
734-020-0480 Traffic Signal Progression Analysis for Traffic Signal Approval (1) A traffic signal progression analysis is required for both existing and future conditions when a proposed traffic signal location is within one half mile of any existing or proposed new traffic signal. The STRE may require traffic signal progression analysis for spacing greater than one half mile. (2) A traffic signal progression analysis for all new or modified approaches at traffic signals on state highways may be required for both existing and future conditions. Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200 Statutes/Other Implemented: ORS 810.200 & 810.210 History: HWD 5-2012, f. & cert. ef. 3-26-12 TO 5-1999, f. & cert. ef. 12-17-99
734-020-0485 Design Standards for Installation or Modification of a Traffic Signal The following design standards apply to new, replaced, or significantly modified signal installations: (1) The traffic signal design plans shall conform to the conditions listed in the STRE traffic signal approval. (2) All approaches to a traffic signal controlled intersection shall be signalized. (3) Design geometry of a private approach shall be consistent with that of public road intersections including curbs, appropriate lane widths, pavement markings, and vertical alignment. Statutory/Other Authority: ORS 184.616, 184.619 & 810.200 Statutes/Other Implemented: ORS 810.200 & 810.210 History: HWD 5-2012, f. & cert. ef. 3-26-12
734-020-0490 Conditions of Approval The following conditions apply when installation of a traffic signal has been approved: (1) A traffic signal warrant shall be met within three years after construction when a traffic signal is constructed as part of a roadway improvement project. (2) A traffic signal warrant shall be met within one month after the traffic signal is put into operation when a traffic signal is being constructed to accommodate additional traffic from a public or private development. If it is projected that a warrant will be met at a later time, operation of the traffic signal should be correspondingly delayed. (3) All approaches to a traffic signal controlled intersection must be signalized, unless a traffic engineering investigation shows that signalizing a minor public or private road is not justified. Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200 Statutes/Other Implemented: ORS 810.200 & 810.210 History: TO 5-1999, f. & cert. ef. 12-17-99
734-020-0500 Removal of Traffic Signals An existing traffic signal may be removed if MUTCD traffic signal warrants are no longer met or a proposed change in geometry or traffic flow pattern will eliminate the need for the traffic signal. No traffic signal shall be removed from the State Highway System without prior approval of the STRE. A traffic control engineering study is required for approval, which shall include all of the following: (1) A comprehensive investigation of traffic and safety conditions. (2) Assessment of needs of the local community. (3) Public opinion considerations. Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 810.200 Statutes/Other Implemented: ORS 810.200 & 810.210 History: HWD 5-2012, f. & cert. ef. 3-26-12 TO 5-1999, f. & cert. ef. 12-17-99
734-023-0005 Purpose of the Rules (1) ORS 184.879 requires an environmental product declaration of covered materials to be submitted to the Department to facilitate the Department’s development of strategies to reduce greenhouse gas emissions from the Department’s purchase and use of Covered Materials. (2) The purpose of these rules, OAR 734, Division 23, is for the Department to establish the Environmental Product Declaration Support Fund as the account required by ORS 184.879 and provide grants to bidders and proposers that require financial assistance to prepare environmental product declarations. Statutory/Other Authority: ORS 184.619 & 184.879 Statutes/Other Implemented: ORS 184.879 History: DOD 4-2024, adopt filed 12/05/2024, effective 12/05/2024
734-023-0015 Definitions and Acronyms For the purposes of these OAR 734, Division 23 rules, the definitions in ORS 184.879 and the following terms apply: (1) “Applicant” means a “bidder” or “proposer,” as those terms are defined in ORS 279A.010, that applies for funds from the Environmental Product Declaration Support Fund. (2) “Covered materials" means: (a) Concrete, including ready mix concrete, shotcrete, precast concrete and concrete masonry units; (b) Asphalt paving mixtures; and (c) Steel, including rebar, reinforcing steel and structural steel, hot-rolled sections, hollow sections, plate steel and cold-formed steel. (3) “Department” means the Oregon Department of Transportation. (4) “Director” means the Director of the Oregon Department of Transportation or the Director’s designee. (5) “Environmental product declaration” has the meaning given in ORS 184.879. (6) “Material supplier” means a company that produces or supplies a covered material to the Department. (7) “Program” means the Environmental Product Declaration Support Fund Program established by these OAR 734, Division 23, rules to administer the Environmental Product Declaration Support Fund. (8) “Program funds” means the money appropriated by the Legislature to the Environmental Product Declaration Support Fund. (9) “Recipient” means an applicant that is awarded grant funds by the Department from the Environmental Product Declaration Support Fund. Statutory/Other Authority: ORS 184.619 & 184.879 Statutes/Other Implemented: ORS 184.879 History: DOD 4-2024, adopt filed 12/05/2024, effective 12/05/2024
734-023-0030 Grant Application Procedure and Application Submission Periods (1) The Department will announce the period for submitting applications for funding from the Environmental Product Declaration Support Fund no later than December 31, 2026. (2) The Environmental Product Declaration Support Fund operates on a first-come, first-served basis. Applications are reviewed for compliance with the requirements set forth in OAR 734-023-0040 through 734-023-0060. The Department will award funding for applications that meet the requirements so long as there are remaining funds available. (3) Applications are deemed complete upon receipt of all required documentation as described in OAR 734-023-0060. (4) Subject to the availability of funds in the Environmental Product Declaration Support Fund, the Department will award grants to completed applications that it finds meet all eligibility criteria. (5) The Environmental Product Declaration Support Fund will close once the Department has awarded all available funds. Statutory/Other Authority: ORS 184.619 & 184.879 Statutes/Other Implemented: ORS 184.879 History: DOD 4-2024, adopt filed 12/05/2024, effective 12/05/2024
734-023-0040 Who May Apply for Environmental Product Declaration Support Fund Grants (1) An eligible applicant for the Environmental Product Declaration Support Fund is a Bidder or Proposer, as defined in ORS 279A.010. (2) An eligible applicant, if applicable, must also be current on all state and local taxes, fees and assessments. (3) At the time of applying to the Environmental Product Declaration Support Fund for a grant, an eligible applicant may not have previously received external funding to develop an environmental product declaration for a covered material. Statutory/Other Authority: ORS 184.619 & 184.879 Statutes/Other Implemented: ORS 184.879 History: DOD 4-2024, adopt filed 12/05/2024, effective 12/05/2024
734-023-0050 Eligible Activities for Environmental Product Declaration Support Fund Grants An eligible applicant, as described in OAR 734-023-0040, may apply for reimbursement for activities related to the publication of a third party verified environmental product declaration that complies with ISO 14025 for a covered material that is subject to ORS 184.879. Eligible activities include: (1) Education costs for employees related to the preparation of an environmental product declaration; and (2) Fees directly related to the preparation and publication of a relevant environmental product declaration. Statutory/Other Authority: ORS 184.619 & 184.879 Statutes/Other Implemented: ORS 184.879 History: DOD 4-2024, adopt filed 12/05/2024, effective 12/05/2024
734-023-0060 Grant Application Requirements (1) An applicant interested in receiving a grant from the Environmental Product Declaration Support Fund must submit an application to the Department in conjunction with a response to a Department invitation to bid or request for proposal that includes the procurement of covered materials. The application must be in a format prescribed by the Department and contain or be accompanied by such information required by the Department, including: (a) A formal bid or proposal to contract with the Department, submitted to the Department within the last 12 months from the date of applying for grant funding, or other documentation deemed appropriate by the Department to prove compliance with the eligibility requirement of OAR 734-023-0040(1); (b) A web link to the published third party verified environmental product declaration that complies with ISO 14025; (c) An invoice that details all expenses related to the preparation and publication of the environmental product declaration; (d) Copies of receipts from qualified expenses; and (e) Identification of the business or entity that is providing the covered material to the bidder or proposer for which an environmental product declaration is required by the Department. (2) Incomplete applications will be deemed ineligible by the Department. Statutory/Other Authority: ORS 184.619 & 184.879 Statutes/Other Implemented: ORS 184.879 History: DOD 4-2024, adopt filed 12/05/2024, effective 12/05/2024
734-023-0070 Application Review (1) The Department reviews applications it receives to determine: (a) Whether the application is complete, in accordance with the requirements of OAR 734-023-0060; (b) Whether the applicant and the project are eligible for program funds, in accordance with the requirements of OAR 734-023-0040 and 734-023-0050; and (c) Whether the application for reimbursement is for a new environmental product declaration of a covered material that has not previously received funding from the Environmental Product Declaration Support Fund or other known external funding source intended to offset costs associated with preparing environmental product declarations. (2) If, pursuant to section (1) of this rule, the Department determines that an application is not complete, the applicant or project is not eligible for program funds, or the application or reimbursement is for an environmental product declaration of a covered material that has previously received funding, the Department will notify the applicant that the application request is incomplete or ineligible. The Department may also determine that an application is ineligible or incomplete as follows: (a) An application is ineligible if the applicant fails to meet the eligibility requirements in OAR 734-023-0040 and 734-023-0050 or if the application contains false or misleading information. (b) An application is incomplete if it is not in the format prescribed by the Department or is not accompanied by information required by the Department. (3) The Department will consider protests of the eligibility or completeness determination for the project. Only the applicant may protest. An applicant must submit a protest in writing to the Department within 15 days of the event or action that is being protested. The Department’s Director, or the Director’s designee, will make a final determination of an applicant’s protest. (4) The Department will make all eligible applications available to the House Bill 4139 Technical Advisory Committee. Statutory/Other Authority: ORS 184.619 & 184.879 Statutes/Other Implemented: ORS 184.879 History: DOD 4-2024, adopt filed 12/05/2024, effective 12/05/2024
734-023-0080 Grant Awards and Match (1) Once an application is reviewed by the Department under OAR 734-023-0070, and deemed eligible by the Department under OAR 734-023-0040 through 734-023-0060, the amount of monies identified by the Department is considered allocated from the Environmental Product Declaration Support Fund to a recipient based on their application. (2) Grants are awarded only when there are sufficient funds available in the Environmental Product Declaration Support Fund to cover the costs of the grants. (3) Reimbursement per applicant may not exceed $7,000 or 80% of total costs associated with eligible activities described in OAR 734-023-0050, whichever is less. Statutory/Other Authority: ORS 184.619 & 184.879 Statutes/Other Implemented: ORS 184.879 History: DOD 4-2024, adopt filed 12/05/2024, effective 12/05/2024
734-024-0005 Purpose The Department of Transportation (Department) is required by Oregon Laws 2009, Ch. 865, Section 18 to take into consideration (a) incorporation of environmental performance standards into the design and construction of all state highway construction projects, including local government highway construction projects funded by the Department, and (b) improving the environmental permitting process for all state highway construction projects. The purpose of OAR 734-024-0005 through 734-024-0040 is to provide the applicability, guidance, and management structure for development of environmental performance standards and improve the environmental permitting process. Statutory/Other Authority: ORS 184.616, 184.619, OL 2009, Ch. 865 & sec 18 Statutes/Other Implemented: OL 2009, Ch. 865 & sec 18 History: HWD 4-2011, f. & cert. ef. 5-27-11
734-024-0020 Applicability The provisions of division 24 apply as follows: (1) Environmental performance standards developed and adopted by the Department must be incorporated into the design and construction of all state highway construction projects, including local government highway construction projects funded by the Department. (2) Permitting process improvements developed and adopted by the Department in cooperation with state and federal resource agencies must be incorporated into all state highway construction projects. (3) These rules are in addition to and not in lieu of all other applicable state and federal laws and regulations. Statutory/Other Authority: ORS 184.616, 184.619, OL 2009, Ch. 865 & sec 18 Statutes/Other Implemented: OL 2009, Ch. 865 & sec 18 History: HWD 4-2011, f. & cert. ef. 5-27-11
734-024-0030 Environmental Performance Standards Environmental performance standards implement the Environmental Guiding Principles at the project design and construction phases of project development. (1) When considering incorporation of environmental performance standards into the design and construction of state highway construction projects, the Department must consider: (a) Environmental performance standards from current Department manuals and policies, as well as from applicable state and federal regulatory requirements. (b) Incorporating environmental performance standards into construction specifications and special provisions. (c) Design exception criteria to specific environmental performance standards as specified by current Department manuals and policies and state and federal regulatory requirements. (2) The Director may designate committees to provide direction and oversight to environmental performance standards development, implementation, and modification. (a) These designated committees may establish collaborative working groups to develop environmental performance standards. The working groups may be composed of internal Department stakeholders and external stakeholders. (b) The working groups must use Department approved protocols and criteria for adoption and amendment of environmental performance standards or develop new protocols and criteria subject to the direction and oversight of the designated committees. (3) For efficient consideration of environmental performance standards in the design and construction of state highway construction projects, the Department may use existing planning and project development processes or develop new processes as necessary. (4) Department project teams for state highway construction projects must implement and document incorporation of Environmental Guiding Principles and applicable environmental performance standards at appropriate milestones in the project development and delivery process. (5) Local government highway construction projects funded by the Department must implement and document incorporation of Environmental Guiding Principles and applicable environmental performance standards from current Department manuals and policies at appropriate milestones in the project development and delivery process. This requirement will be incorporated into local agency agreements. (6) The Department must develop and publish periodic progress reports on Department and local government performance for incorporation of environmental performance standards in the design and construction of state highway construction projects and local government highway construction projects funded by the Department. Statutory/Other Authority: ORS 184.616, 184.619, OL 2009, Ch. 865 & sec 18 Statutes/Other Implemented: OL 2009, Ch. 865 & sec 18 History: HWD 4-2011, f. & cert. ef. 5-27-11
734-024-0040 Improving the Environmental Permitting Process (1) The Department must consider improvements to the environmental permitting process for state highway construction projects in order to achieve the following outcomes: (a) Reduce the time required to design projects associated with meeting environmental requirements; (b) Reduce the time required to obtain environmental permits; (c) Reduce the cost and delay associated with redesigning projects to meet environmental requirements; (d) Maintain a strong commitment to environmental stewardship; and (e) Reduce this state’s dependence on foreign oil. (2) In order to achieve these outcomes, the Department must, but is not limited to: (a) Work with state and federal resource and regulatory agencies to develop programmatic agreements and permits. (b) Develop performance measures, goals, and improvement strategies and initiatives. (c) Develop and publish periodic progress reports on Department performance in achieving these environmental permit process outcomes. Statutory/Other Authority: ORS 184.616, 184.619, OL 2009, Ch. 865 & sec 18 Statutes/Other Implemented: OL 2009, Ch. 865 & sec 18 History: HWD 4-2011, f. & cert. ef. 5-27-11
734-026-0010 Purpose and Scope The purpose of the Roadside Memorial Sign program is to provide an opportunity for citizens of the State of Oregon, through individuals or organizations identified as “Applicant” in division 26 rules, to commemorate police officers or firefighters killed in the line of duty or those who were killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States with a sign installed along the State Highway System in accordance with Chapter 668, OL 2011, and to request a preferred location for such sign. Statutory/Other Authority: ORS 184.619, 366.930, 366.931 & 2019 OL Ch 298 Statutes/Other Implemented: ORS 366.930, 366.931 & 2019 OL Ch 298 History: HWD 9-2019, amend filed 12/17/2019, effective 01/01/2020 HWD 5-2013, f. & cert. ef. 11-25-13 HWD 15-2011, f. 12-22-11, cert. ef. 1-1-12