Current through Register Vol. 63, No. 3, March 1, 2024
(1) OAR
660-044-0000 through OAR 660-044-0020, OAR 660-044-030, and OAR 660-044-0040
through OAR 660-044-0060 of this division apply to Metro. OAR 660-044-0055
applies to the cities and counties within Metro.
(2) OAR 660-044-0000 through 660-044-0015,
OAR 660-044-0025 through 660-044-0030, and OAR 660-044-0100 through
660-044-0130 of this division apply to the cities and counties within the
metropolitan planning area of the Central Lane Metropolitan Planning
Organization as provided in subsections (a) and (b).
(a) These cities and counties must:
(A) Submit a work program containing all of
the elements provided in OAR 660-044-0100 to the department for review under
section (4) by June 30, 2023;
(B)
Prepare a land use and transportation scenario plan as provided in OAR
660-044-0110 and submit it for review by the commission as provided in OAR
660-044-0120 by December 31, 2023 or another date in the approved work
program;
(C) Adopt local amendments
as provided in OAR 660-044-0130 by December 31, 2026, or other date in the
approved work program.
(b) These cities and counties may use the
preferred scenario submitted to the commission and legislature in 2015 as
required by Oregon Laws 2010, chapter 865, as the basis for the land use and
transportation scenario plan. If these cities and counties use the preferred
scenario from 2015, then they:
(A) Are neither
required to redo the prior work that produced the preferred scenario, nor
comply with requirements of OAR 660-044-0110 specific to the preferred
scenario.
(B) Are required to
produce only the additional elements that build on the preferred scenario to
prepare a complete transportation and land use scenario plan, as provided in
OAR 660-044-0110(3) and 660-044-0110(9) through (10).
(3) OAR 660-044-0000 through
660-044-0015, OAR 660-044-0025 through 660-044-0030, and OAR 660-044-0100
through 660-044-0130 of this division apply to the cities and counties within
the metropolitan planning area of the Salem-Keizer Area Transportation Study.
These cities and counties must:
(a) Submit a
work program containing all of the elements provided in OAR 660-044-0100 to the
department by June 30, 2023;
(b)
Prepare a land use and transportation scenario plan as provided in OAR
660-044-0110 and submit it for review by the commission as provided in OAR
660-044-0120 by June 30, 2024, or another date in the approved work program;
and
(c) Adopt local amendments as
provided in OAR 660-044-0130 by June 30, 2025, or another date in the approved
work program.
(4) Cities
and counties may request, and the director or commission may approve, applying
OAR 660-044-0000 through 660-044-0015, OAR 660-044-0025 through 660-044-0030,
and OAR 660-044-0100 through 660-044-0130 of this division to the cities and
counties within a metropolitan area and establishing compliance schedule under
the following procedures.
(a) Cities and
counties within a metropolitan area may jointly submit a proposed work program
or resubmit a revised work program as provided in OAR 660-044-0100.
(b) The department shall consult with the
Oregon Department of Transportation to review a proposed work program. The
director may approve the work program or refer the work program to the
commission with recommended revisions.
(c) If the director refers a proposed work
program to the commission under subsection (b), the commission shall hold a
hearing to review the proposed work program and the recommended revisions. The
commission may approve the work program based on OAR 660-044-0100 or remand the
work program with required revisions.
(5) The commission may issue an order
applying OAR 660-044-0000 through 660-044-0015, OAR 660-044-0025 through
660-044-0030, and OAR 660-044-0100 through 660-044-0130 of this division to
cities and counties within a metropolitan area and establishing a compliance
schedule using the procedures below.
(a) The
department will provide the cities and counties a draft order with compliance
schedule prior to a commission hearing.
(b) The commission will hold a hearing and
consider any revised or alternate order proposed by cities or counties, and any
public testimony.
(c) When
considering whether to issue an order, the commission shall consider the
following factors using the best available data:
(A) Greenhouse gas emissions including actual
measurements, model estimates, recent trends, and future projections under
current adopted plans;
(B) Local
transportation and land use actions that influence greenhouse gas emissions and
more equitable outcomes, including adopted plans, recent actions by cities and
counties, and development trends;
(C) Population growth including recent trends
and future projections;
(D)
Presence or absence of regional cooperation on greenhouse gas emissions
reduction;
(E) Vehicles miles
traveled per capita in the metropolitan area, including actual measurements,
model estimates, recent trends, and future projections under current adopted
plans; and
(F) State and local
funding available for scenario planning.
(6) The director may grant a whole or partial
exemption from the requirements of this division to cities or counties outside
of the Portland metropolitan area with a population of less than 5,000 within
the metropolitan planning area. The director may also grant a temporary whole
or partial exemption from the requirements of this division to jurisdictions of
any size that are newly included in an existing metropolitan area or a newly
designated metropolitan area.
Statutory/Other Authority: ORS
197.040
Statutes/Other Implemented: ORS
184.899,
ORS
197.012
& ORS
468A.205
