Current through Register Vol. 63, No. 12, December 1, 2024
(1) The
Commission will approve projects to be funded through a grant Agreement with
moneys in the Connect Oregon Fund.
(2) To the extent that proposed Projects meet
the qualifications established in OAR 731-035-0050 and 731-035-0060, the
Commission may consider the distribution of funds among the five ODOT regions.
The regions consist of the following counties:
(a) Region one consists of Clackamas, Hood
River, Multnomah and Washington Counties;
(b) Region two consists of Benton, Clatsop,
Columbia, Lane, Lincoln, Linn, Marion, Polk, Tillamook and Yamhill
Counties;
(c) Region three consists
of Coos, Curry, Douglas, Jackson and Josephine Counties;
(d) Region four consists of Crook, Deschutes,
Gilliam, Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties;
and
(e) Region five consists of
Baker, Grant, Harney, Malheur, Morrow, Umatilla, Union and Wallowa
Counties.
(3) Prior to
selecting projects to be funded with moneys in the Connect Oregon Fund, the
Commission shall solicit recommendations from:
(a) The State Aviation Board for Aviation
Transportation Projects.
(b) The
Freight Advisory Committee for freight Transportation Projects.
(c) The Rail Advisory Committee for rail
Transportation Projects.
(d) The
Oregon Business Development Department for marine transportation
projects.
(e) Area Commissions on
Transportation.
(f) Regional
Solutions Teams, as required in ORS
284.753.
(4) Prior to selecting projects to be funded
with moneys in the Connect Oregon Fund, the Commission may solicit
recommendations from transportation stakeholder and advocate entities not
otherwise specified in section (3) of this rule.
(5) On behalf of the Commission, the
Department shall solicit recommendations from the committees and entities in
section (3) of this rule concurrently.
(6) The Director, in consultation with
committees and entities in section (3) of this rule, shall appoint a Final
Review Committee that includes representatives from each of the committees and
entities in section (2) of this rule.
(a)
Persons are not eligible for Final Review Committee membership if the person:
(A) represents an entity that submitted an
application for a Connect Oregon Fund grant that is being considered for
funding by the Final Review Committee; or
(B) has a direct financial interest in an
application that is being considered for funding by the Final Review
Committee.
(b) Following
the receipt of recommendations from the entities in section (3) of this rule
and prior to selecting projects to be funded with moneys in the Connect Oregon
Fund, the Commission shall solicit a Final Recommendation Report from the Final
Review Committee. The Department shall provide the Final Review Committee a
list of recommendations from all committees and entities in section (3) of this
rule. The list shall include the evaluation results and recommendations from
each of the committees and entities in section (2) of this rule. The Final
Review Committee shall provide the Commission its Final Recommendation Report
of projects to be funded with moneys in the Connect Oregon Fund listing in
priority order eligible projects together with a reasonable number of alternate
projects in priority order.
(c)
After the Final Review Committee makes its recommendation to the Commission,
the Department shall validate project information that meets program criteria
in each project application that will be used in an Agreement.
(A) Project Applicants shall be required to
provide any additional information requested by the Department within five
business days of the request.
(B)
Validation shall include:
(i) Evidence of
matching funds available for the project.
(ii) Evidence of site ownership or control
including but not limited to evidence of a land sales agreement, option for
purchase or governing body resolution of condemnation action.
(iii) Confirmed project delivery schedule
that meets Program requirements.
(iv) Other information as identified by the
Department needed to enter into an Agreement.
(C) The Department shall identify those
projects that do not meet Program criteria prior to the Commission's final
action to select projects.
(7) The Department shall determine the
organizational guidance for the committees' and entities' processes and
protocols.
(8) The committees and
entities in section (3) of this rule shall follow the organizational guidance
determined by the Department under section (7) of this rule.
(9) The Commission will consider all of the
following factors in making its decision to award funding for eligible projects
from the Connect Oregon Fund:
(a) Whether a
proposed project reduces transportation costs for Oregon businesses or improves
access to jobs and sources of labor;
(b) Whether a proposed transportation project
results in an economic benefit to this state;
(c) Whether a proposed project is a critical
link connecting elements of Oregon's transportation system that will measurably
improve utilization and efficiency of the system; and
(d) The proportion of the cost of a proposed
project that is borne by the Applicant or contributed from any other source
other than the Connect Oregon Fund.
(e) Whether a proposed transportation project
is ready for construction. A project will be considered ready for construction
if the Applicant can demonstrate that:
(A)
Community engagement/outreach has occurred prior to or at the time of
application submission.
(B) Project
completion can be achieved within 3 years of the award of the grant by
submitting a project schedule that includes project stages and dates of major
milestones;
(C) Matching funds have
been secured 30 calendar days before the Commission's decision to award
funds;
(D) Site ownership or
control is secured 30 calendar days before the Commission's decision to award
funds;
(E) Final land use actions
necessary to support the proposed project have been approved by the local
government 60 calendar days before the Commission's decision to award
funds.
(F) Limited Land Use
Decision rendered by the appropriate local government received within six
months of execution of Agreement.
(G) Securing all permits needed for
construction within nine months of execution of an Agreement;
(f) Whether a proposed
transportation project has a useful life expectancy that offers maximum benefit
to the state; and
(g) Whether a
proposed transportation project is located near operations conducted for mining
aggregate or processing aggregate as described in ORS
215.213(2)(d)
or
215.283(2)(b).
(9) The Commission shall award funds for
projects in accordance with ORS
367.084 solely, notwithstanding any other provision of division 35.
Statutory/Other Authority: ORS
184.619,
367.082 & Ch. 816 OL 2005
Statutes/Other Implemented: ORS
367.080 - 367.086, Ch. 816 OL 2005 & Ch. 750 OL
2017
