in 2023]

184.748 in 2023]

(Statewide Transportation Strategy on Greenhouse Gas Emissions)

����� 184.888 �Metropolitan planning organization� defined. As used in ORS 184.617, 184.893, 184.895, 184.897 and 184.899, �metropolitan planning organization� has the meaning given that term in ORS 197.629. [2010 c.85 �1; 2017 c.750 �28a]

����� 184.889 [2010 c.85 �2; repealed by 2017 c.750 �140]

����� 184.890 [1977 c.846 �2; 1981 c.357 �3; renumbered 108.620]

����� 184.891 Agency authority to regulate air contaminants. ORS 184.617 does not limit the authority of an agency, as defined in ORS 183.310, to regulate air contaminants. [2010 c.85 �10; 2017 c.750 �28b]

����� 184.893 Alternative land use and transportation scenario guidelines. (1) The Department of Transportation and the Department of Land Conservation and Development, after consultation with and in cooperation with metropolitan planning organizations, other state agencies, local governments and stakeholders, shall establish guidelines for developing and evaluating alternative land use and transportation scenarios that may reduce greenhouse gas emissions. The guidelines must, at a minimum:

����� (a) Establish a process for developing alternative land use and transportation scenarios;

����� (b) Take into account the full range of actions local governments may take concerning land use and transportation planning;

����� (c) Allow sufficient flexibility for different local governments to meet the needs of their individual communities;

����� (d) Provide for coordination between state agencies and local governments;

����� (e) Encourage local innovation to reduce greenhouse gas emissions; and

����� (f) Provide examples of alternative land use and transportation scenarios.

����� (2) The Department of Transportation and the Department of Land Conservation and Development shall actively solicit public review and comment in the development of the guidelines. [2010 c.85 �3]

����� 184.895 Development of toolkit used to reduce greenhouse gas emissions. (1) The Department of Transportation and the Department of Land Conservation and Development, after consultation with and in cooperation with metropolitan planning organizations, local governments and other stakeholders, shall establish a toolkit to assist local governments in developing and executing actions and programs to reduce greenhouse gas emissions from motor vehicles with a gross vehicle weight rating of 10,000 pounds or less.

����� (2) A toolkit shall include, but is not limited to, the following material:

����� (a) Information about actions and programs local governments can implement on the local and regional level to reduce greenhouse gas emissions;

����� (b) Information about the potential effectiveness of the actions and programs in reducing greenhouse gas emissions;

����� (c) Information about the cost-effectiveness of the actions and programs;

����� (d) Estimates of the time required to implement the actions and programs;

����� (e) Guidelines for best management practices for analyzing and executing the actions and programs;

����� (f) Modeling and analysis tools that metropolitan planning organizations and local governments may use to assess greenhouse gas emissions reduction benefits from actions affecting land use and transportation; and

����� (g) Educational tools that metropolitan planning organizations and local governments may use to inform the public about greenhouse gas emissions reduction targets and strategies.

����� (3) The Department of Transportation and the Department of Land Conservation and Development shall actively solicit public review and comment in the development of the toolkit. [2010 c.85 �4]

����� 184.897 Education on reducing greenhouse gas emissions. The Department of Transportation and the Department of Land Conservation and Development, after consultation with and in cooperation with other state agencies, shall:

����� (1) Educate the public about the need to reduce greenhouse gas emissions from motor vehicles with a gross vehicle weight rating of 10,000 pounds or less; and

����� (2) Educate the public about the costs and benefits of reducing greenhouse gas emissions. [2010 c.85 �6; 2015 c.767 �55]

����� 184.899 Regional transportation plans. (1) As used in this section, �regional transportation plan� means a long-range transportation plan prepared and adopted by a metropolitan planning organization for a metropolitan area as provided for in federal law.

����� (2) Except as provided in subsection (3) of this section, the local governments within the boundaries of a metropolitan planning organization, after consultation with and in cooperation with the metropolitan planning organization and state agencies, shall:

����� (a) Consider whether any immediate action can be taken to reduce greenhouse gas emissions.

����� (b) Consider how regional transportation plans could be altered to reduce greenhouse gas emissions.

����� (3) Subsection (2) of this section does not apply to the metropolitan planning organization that serves Portland or to the local governments within that metropolitan planning organization. [2010 c.85 �7]

����� 184.900 [1975 c.768 �3; 1977 c.661 �2; 1981 c.784 �17; renumbered 410.320]

(Floatable Natural Waterways)

����� 184.901 Bridge projects that cross floatable natural waterways; notification to other agencies. (1) As used in this section:

����� (a)(A) �Project� means a bridge project proposed for funding under a draft Statewide Transportation Improvement Program that consists of:

����� (i) Construction of a new bridge that crosses a floatable natural waterway; or

����� (ii) Improvements to an existing bridge that crosses a floatable natural waterway.

����� (B) �Project� does not mean maintenance of an existing bridge.

����� (b) �Public access� means public access to a floatable natural waterway.

����� (2) The Department of Transportation shall notify the Department of State Lands, the State Parks and Recreation Department and the State Marine Board when the Department of Transportation proposes a project for funding under a draft Statewide Transportation Improvement Program, unless:

����� (a) The project is part of a project on a limited access highway or ferry terminal; or

����� (b) The Department of Transportation determines that siting public access near the project is not feasible.

����� (3) After receiving notice from the Department of Transportation under subsection (2) of this section, the Department of State Lands, the State Parks and Recreation Department and the State Marine Board may propose changes to the project to enable public access and may provide the Department of Transportation with an estimate of:

����� (a) The availability of funding from sources other than the State Highway Fund for a public access site near the project;

����� (b) The likelihood and type of any potential public use of a public access site near the project; and

����� (c) Any impacts associated with siting public access near the project.

����� (4) After receiving proposed changes to a project under subsection (3) of this section, the Department of Transportation shall consider:

����� (a) The proposed changes;

����� (b) Whether the proposed changes alter the purpose of or need for the project;

����� (c) The availability of funding from sources other than the State Highway Fund for a public access site near the project;

����� (d) The likelihood and type of any potential public use of a public access site near the project;

����� (e) Any impacts associated with siting public access near the project; and

����� (f) Any impacts on traffic, roadways or highway safety from siting public access near the project.

����� (5) To the greatest extent practicable, when constructing a project, the Department of Transportation may not adversely impact existing, lawful public access. [2019 c.409 �2]

����� 184.905 [1975 c.768 �4; 1977 c.891 �7; renumbered 410.330]

(Small Business Development Program)

����� 184.906 Small business development program; advisory committee; report; rules. (1) As used in this section, �qualified small business� means a business that meets the verification criteria set forth in subsection (3) of this section.

����� (2) The Department of Transportation shall establish a small business development program that aids qualified small businesses to compete for public improvement contracts that the department procures. In the program, the department, at a minimum, shall:

����� (a) Identify public improvements that are suitable for a qualified small business to undertake successfully as a general contractor;

����� (b) Provide a directory or repository of resources to assist a qualified small business in preparing competitive bids or proposals that meet the specifications set forth in solicitations for the department�s public improvement contracts;

����� (c) State in the department�s solicitation materials for public improvement contracts, that the department identifies under paragraph (a) of this subsection, that the department will receive bids or proposals solely from qualified small businesses;

����� (d) Designate department employees who have experience or familiarity with challenges that qualified small businesses face in competing for the department�s public improvement contracts to answer questions, and provide support, assistance and information related to preparing and submitting bids or proposals that is lawful and does not contravene the policies set forth in ORS 279A.015; and

����� (e) Evaluate bids and proposals from, and award public improvement contracts to, qualified small businesses on the basis of a determination of the best value to the state.

����� (3) The department shall determine that a business is a qualified small business if the business:

����� (a) Has registered with the United States Small Business Administration, or a successor agency, as a small disadvantaged business;

����� (b) Is certified as an emerging small business under ORS 200.055; or

����� (c) Meets other criteria the department establishes by rule.

����� (4) The department each year may enter into public improvement contracts with qualified small businesses under the program described in subsection (2) of this section that have an aggregated total value of not more than $25,000,000 annually.

����� (5) The department shall establish and convene a committee to advise the department concerning the program described in subsection (2) of this section. The committee may advise the department concerning which public improvements are suitable under subsection (2)(a) of this section, which resources would best enable qualified small businesses to prepare competitive bids or proposals, what kinds of support, assistance and information is appropriate under subsection (2)(d) of this section and any other matters related to the program described in subsection (2) of this section that the department determines are relevant.

����� (6) The department may adopt rules necessary to implement and administer the program described in subsection (2) of this section.

����� (7)(a) No later than December 31 of each year, the department shall report, in the manner provided in ORS 192.245, to the Legislative Assembly concerning:

����� (A) The number of public improvement contracts the department identifies under subsection (2)(a) of this section;

����� (B) The number of public improvement contracts the department awards to qualified small businesses;

����� (C) The number of qualified small businesses to which the department provides assistance under the program;

����� (D) The type and size of the qualified small businesses that participate in the program;

����� (E) The aggregated value of public improvement contracts the department awards in connection with the program; and

����� (F) Such other information about the program that the department deems relevant to report.

����� (b) The department shall collect and compile data necessary to prepare and submit the report described in this subsection. [2023 c.469 �1]

����� 184.910 [1975 c.768 �5; renumbered