Attach 1 PC Update 06-27-22 Council Report 06-06-22 CCSS 06-21-22 w-Attach PP 22-0001-R oti os COUNCIL REPORT
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Subject: State of Oregon Climate-Friendly and Equitable Communities Rules- PP 22-0001
Meeting Date: June 21, 2022 Staff Member:
Scot Siegel, Director
Report Date: June 6, 2022
Department: Community Development Department
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑X Information Only Comments:
❑ Council Direction See also, City Council report on House Bill 2003 (2019)
❑ Consent Agenda — Housing Needs and Production Strategies (PP 22-
0005).
Staff Recommendation: Not applicable
Recommended Language for Motion: Not applicable
Project/ Issue Relates To: Implementing State requirements for Climate-Friendly and
Equitable Communities
Issue before Council:
❑x Council Goals/Priorities: Climate Change; and Diversity, Equity, and Inclusion
ISSUE BEFORE COUNCIL
The State Land Conservation and Development Commission recently adopted Climate-Friendly
and Equitable Communities (CFEC) rules. Putting concerns about the State's rulemaking process
aside (see Mayors' Letter in Attachment E), and assuming the rules are not invalidated by the
courts, the City will need to mobilize quickly and work on this in a sustained manner over the
next two years in order to comply. The key issues relate to repeal of or major modifications to
longstanding policies for parking and housing, and a potential major update to the City's
transportation plan. The rules pose a significant workload issue for the Planning and
Engineering departments, and State funding for much of this work is uncertain at this time.
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EXECUTIVE SUMMARY
On March 10, 2020, Governor Kate Brown issued Executive Order 20-04, directing state
agencies to reduce climate pollution. In response, the Oregon Land Conservation and
Development Commission (LCDC) directed the Department of Land Conservation and
Development (DLCD) to draft updates to Oregon's transportation and housing planning rules,
and to convene a rulemaking advisory committee to help guide rule development.
LCDC adopted interim "Climate-Friendly and Equitable Communities" (CFEC) rules on May 31,
2022 and anticipates adopting final rules this July. The rules, which require significant
amendments to cities' land use regulations and transportation plans, are not expected to
change substantially before final adoption. The purpose of this report is to provide an overview
for Council, including key issues, options, and a preliminary approach for attaining compliance.
BACKGROUND
The purpose of the Governor's Executive Order 20-04 and the CFEC rules is to reduce
greenhouse gas emissions such that Oregon can meet its climate mitigation goals by the year
2050. For the Portland Metro area, the greenhouse gas emissions reduction target is 20 percent
by 2035 and 35 percent by 2050. (OAR 44-020)
Literature from the Oregon Department of Land Conservation and Development provides this
background.'
Oregon is not meeting its goals to reduce climate pollution. While some sectors have
made significant progress, transportationrelated climate pollution has increased. If
current trends continue, Oregon will come nowhere near to meeting our 2050 goal.
Transportation accounts for roughly 38% of Oregon's climate pollution...
There are many benefits to reducing greenhouse gas pollution, including better health
outcomes, cleaner air and more choices for Oregonians on how to get to places they
want to go. The rulemaking will significantly strengthen Oregon's rules about
transportation and housing planning, particularly in the eight areas with populations
over 50,000 people (Albany, Bend, Corvallis, Eugene/Springfield, Grants Pass,
Medford/Ashland, Portland Metro, Salem/Keizer). Some rule changes to reduce
greenhouse gas pollution and increase transportation choice may apply to communities
outside those areas.
Oregon is committed to increasing equity. Our state has a long history of discrimination
and racism, including in our land use and transportation planning decisions. Rulemaking
will focus on reducing pollution while also increasing housing choices and creating more
equitable outcomes for all Oregonians.
1 The State of Oregon has not provided an empirical evaluation of the rules purported benefits,so staff is not able
to estimate potential greenhouse gas savings.
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Reducing driving is one of the most important ways to reduce pollution. Communities
can reduce the number and length of driving trips by bringing land uses closer together,
increasing the walkability of the built environment, and mixing land uses. When done
well, this gives Oregonians more choices to take public transit, bike, or walk to get
around.
Oregon's planning system is a partnership between state and local governments. State
law and rules direct how local governments develop comprehensive plans, including land
use and transportation elements. In order to meet Oregon's climate pollution reduction
goals, state rules and local land use and transportation plans will have to change
significantly. We know:
• Most new development will need to be in neighborhoods where shopping,
employment, parks and housing are in closer proximity. These include city and
town centers, neighborhoods close to centers and services, and along corridors
with good transit service.
• Public investments in transportation need to be shifted toward increasing
transportation options -making walking, cycling, and transit safer and more
convenient. [Note: This pertains to planning for capital projects.]
• Plans for our transportation systems, at every stage, need to be focused less on
ensuring motor vehicle mobility, and more on providing people with access to
services and destinations.
• Our policies and how we enact them need to ensure the needs of all Oregonians,
including historically marginalized populations, are met in an equitable and
inclusive way. The rules will help guide communities toward these outcomes.
Source: https://www.oregon.gov/Icd/LAR/Documents/CFECOnePageSummary.pdf
DISCUSSION
This report is organized based on when the City is required to comply with each of the following
sets of CFEC rules:
• Electric Vehicle Charging (amendments to State Building Code), March 2023
• Parking Policies, Phase A- Dec 2022, and Phase B -June 2023
• Housing in Climate-Friendly Areas, 2023
• Transportation System Plan Update, and code amendments relating to Transportation
Impact Studies for development review- 2024 approx
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Topic 1: Electric Vehicle Charging-Ready
Cities shall implement the requirements for electric vehicle charging as provided in OAR 10 660-
012-0410 and the amendments to the state building code adopted by the Director of the
Department of Consumer and Business Services implementing ORS 455.417 by March 31,
20232. For new multifamily and multi-use development applications, cities are to require 40% of
spaces have conduit to serve electric vehicle charging (OAR 660-012-0410).
Topic 2: Parking Policies
The CFEC rules relating to parking fall into two phases or packages of required development
code amendments. Phase A: Reduced Mandates, is due December 31, 2022. If the City does not
adopt code changes for Phase A that are effective by the deadline, the rules are applied directly
to new development and changes of use. Phase B: Parking Regulation Improvement, is due June
30, 2023. It is unclear what would happen if a city failed to adopt code changes implementing
Phase B by that deadline, because the rules provide three options for compliance. These
requirements are summarized below.
Parking Phase A: Reduced Mandates—OAR 660-012-0430 and 660-012-0440
Effective December 31, 2022, per OAR 660-012-0012(5), the City must have the following code
changes in place for development applications submitted after that date. If the City fails to do
so, the rules are to be applied to development directly:
• Reduced mandates for specific developments—cannot mandate more than 1 space/unit
for residential developments with more than 1 unit
• No mandates for small units (<750 square feet), affordable units, childcare, facilities for
people with disabilities, shelters
• Reform near transit - no parking mandates allowed within 3/ mile of light or heavy rail
stations or 1/2 mile of frequent transit corridors (one-hour or greater service)
2 Although the rules in Attachment 2 provide an earlier implementation deadline,the deadline for local
governments in the interim rules was changed from July 1, 2022 to March 31, 2023, per a corrections
memo issued by the Oregon Department of Land Conservation and Development on May 18:
https://www.oregon.gov/lcd/Commission/Documents/2022-
05 Item 3 CFEC Updated Correction Memo 05182022.pdf.The deadline was changed as a result of
local government feedback, one of the few changes to the draft rules made in response to the extensive
feedback cities provided.
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Parking Phase B: Parking Regulation Improvement- 660-012-0405
By June 30, 2023, per OAR 660-012-0012(4)(f), the City's development code must:
• Specify preferential placement of carpool/vanpool parking
• Allow redevelopment of any portion of a parking lot for bike or transit uses
• Allow and encourage redevelopment of underutilized parking for other uses
• Allow and facilitate shared parking
• Require that parking lot developments more than % acre in size have 50%tree canopy
OR solar panels; requires street trees and street-like facilities along driveways
• Have parking maximums in locations such as downtowns, regional or community center,
and transit-oriented developments
In addition, by June 30, 2023, per OAR 660-012-0012(4)(f), cities with greater than 25,000
population in the Portland metro area [or>100,000 outside] must set certain parking
maximums in specified areas. Notably, under Metro's existing Functional Plan requirements,
Lake Oswego and other Metro area cities already limit parking to not more than 120% of
minimum standards, in compliance with the rule.
Parking Mandate Reform per OAR 660-012-0012(4)(f)
Under this OAR, the City must either repeal all Community Development Code parking
mandates or amend the parking standards based on the following options by June 30, 2023.
See also, Attachment 2, pages 75-82.
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Option I Options 2 and 3
660-012-.0420 660-012-0425 through 0450
Reduce parking burdens—adapt eight land use regulations related to reduced mandates
based on factors such as shared parking,solar panels,parking space accessibility, on-street
parking; unbundling of parking from rent for multifamily units near transit(660-012-0425)
4 Cities pop. -street parking prices for 5/10%of total on-street parking
supply by September 30,2023/2025 ( - ates per OAR 660-a12-
Repeai all 0012100
parkfrl Parking Management Alternative Approaches
mandates Choose ONE of the following(Option 2-or-3),
within the
jurisdiction Policies to take effect no later than June 30, 2023
(effective date per OAR 650-D12-0012(4)(fJ)
Option 2 Option 3
660-012-0445(1)(a)- 550-012-0445(1)(b)-Adopt regulations minimizing
Adopt at least 3 of 5 policies below or exempting required parking far 15 development
types(summarized below)
1. Unbundle parking for residential No mandates for a variety of specific uses,small
no additional units sites,vacant buildings,studio/one bedrooms,
action needed 2. Unbundle leased commercial historic properties.. LEED or Oregon Reach Code
parking developments,etc.
3. Flexible commute benefit for No additional parking for redevelopments/additions.
businesses with more than 5i}
employees Adopt parking maximums.
4. Tax on parking lot revenue No parking mandates within Y mile walking distance
5. No more than%i space/unit of Climate-Friendly Areas.
mandated for multifamily
development Designate district to manage on-street residential
parking.
Source: CFEC Temporary Rules Implementation Guide, Oregon Department of Land Conservation
and Development, June 2, 2022.
Implementation Options
If the City wants to maintain parking mandates, the Council may choose Option 2 or 3. Under
either option, the Community Development Code partially complies with some of the
requirements in OAR 660-012-0425. These are indicated by regular typeface, below. The Code
does not comply with the four of the eight items, which are shown in bold:
Restrictions on Parking Requirements under Options 2 and 3
(1) Cities and counties shall adopt and enforce land use regulations as provided in this
section:
(a) Garages and carports may not be required for residential developments;
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(b) Garage parking spaces shall count towards off-street parking mandates;
(c) Provision of shared parking shall be allowed to meet parking mandates;
(d) Required parking spaces may be provided off-site, within 2,000 feet pedestrian
travel of a site. If any parking is provided on site, required parking for parking for people
with 9 disabilities shall be on site. If all parking is off-site, parking for people with
disabilities must be located within the shortest possible distance of an accessible
entrance via an accessible path and no greater than 200 feet from that entrance;
(e) Parking mandates shall be reduced by one off-street parking space for each three
kilowatts of capacity in solar panels or wind power that will be provided in a
development;
(f) Parking mandates shall be reduced by one off-street parking space for each
dedicated car-sharing parking space in a development. Dedicated car-sharing parking
spaces shall count as spaces for parking mandates;
(g) Parking mandates shall be reduced by two off-street parking spaces for every
electric vehicle charging station provided in a development; and
(h) Parking mandates shall be reduced by one off-street parking space for every two
units in a development above minimum requirements that are fully accessible to
people with mobility disabilities.
The CFEC rules require compliance with all eight of the above policies. Shared or off-site parking
is allowed to meet minimum requirements if located within 500 ft— 1,000 ft of the site
depending on the zone.' While amending the development code will require staff time, the
greater workload concern is with the ongoing administration of these new policies.
Restrictions on Parking Requirements in Certain Areas under Options 2 and 3
The CFEC rules preempt minimum parking requirements within Climate Friendly Areas and for
properties within one-quarter mile of a CFA or within one-half mile of a frequent transit route,
defined as transit service at least "once per hour". (OAR 660-012-0350 and 0440) The rules
provide no alternative. The analysis of effected areas will take staff resources in Planning and
Engineering (GIS).
'Within commercial, public use, industrial and campus institutional zones parking may be provided on
remote lots within said zones which are within 500 ft. of the property line of the use to be served.
Within the EC (East End General Commercial) zone only, unless otherwise prohibited, employee parking
may be allowed within 1,000 ft. of the property line of the use to be served. Within the LGVCO only,
unless otherwise prohibited, parking may be provided on remote lots within the District which are
within 750 ft. (customer parking) and 1,000 ft. (employee parking) from the property line of the use to
be served. If the remote parking lot is not owned by the owner of the property of the use to be served,
said owner shall obtain an exclusive permanent easement in the remote lot so as to permit parking from
the use to be served on the remote lot. (LOC 50.06.002.2a.iv(1)).
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Restrictions on Parking Requirements under Option 2
If the Council were to choose the parking reforms in Option 2 of OAR 660-012-0445 (as an
alternative to repealing all parking mandates under Option 1), the Community Development
Code partially complies with the requirements that are specific to that option. Under Option 2,
the City must implement three of the five policy options in A-E, below:
(1) In lieu of adopting land use regulations without parking mandates under OAR 660-
012-0420, cities and counties shall select and implement either a fair parking policy
approach as provided in subsection (a), or a reduced regulation parking management
approach as provided in subsection (b).
(a) A fair parking policy approach shall include at least three of the following five
provisions:
(A) A requirement that parking spaces for each residential unit in developments that
include five or more leased or sold residential units on a lot or parcel be unbundled
parking. Cities and counties may exempt townhouse and rowhouse development from
this requirement;
(B) A requirement that parking spaces serving leased commercial developments be
unbundled parking;
(C) A requirement for employers of 50 or more employees who provide free or
subsidized parking to their employees at the workplace provide a flexible commute
benefit of$50 per month or the fair market value of that parking, whichever is greater,
to those employees eligible for that free or subsidized parking who regularly commute
via other modes instead of using that parking;
(D) A tax on the revenue from commercial parking lots collecting no less than 10
percent of income, with revenues dedicated to improving transportation alternatives
to drive-alone travel; and
(E) A reduction of parking mandates for new multifamily residential development to
no higher than one-half spaces per unit, including visitor parking.
The "flexible commute benefit" policy 'C' may already be met, because employers with 50 or
more employees in the Portland Metro area are already required by the Department of
Environmental Quality to provide incentives for commuting by means other than a single-
occupant vehicle. As an example, the City of Lake Oswego, which employs more than 50 people,
provides free TriMet bus passes and has designated preferential carpool parking spaces.
However, it is unclear whether compliance with the DEQ rules also satisfies the CFEC rules.
The City could accomplish Policy E by amending its code to reduce the parking requirement for
multifamily housing. However, the remaining three policy choices under Option 2 (A, B, and D)
are more difficult to implement. It is unclear whether the City can legally require developers to
unbundle or separately lease/sell parking spaces to commercial tenants and homebuyers (in
middle housing or multifamily complexes), and a tax on commercial parking lot revenue would
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be difficult to administer. It would also have a budgetary impact, which could be negative as the
City currently has no known commercial parking lots.
While amending the code to meet the above requirement (adopting at least 3 of 5 policies) will
require staff time, the greater cost concern is with ongoing administration and enforcement of
these new, untested policies.
Restrictions on Parking Requirements under Option 3
If the Council were to choose the parking reforms in Option 3 of OAR 660-012-0445 (as an
alternative to repealing all parking mandates under Option 1 or choosing Option 2), the City
would have to adopt regulations minimizing or exempting required parking for several types of
development, uses, and locations, including exemptions in all "Climate-Friendly Areas" (CFAs).
In the Portland metro area, CFA's include designated Regional Centers and Town Centers. In
Lake Oswego, that includes Downtown Lake Oswego and the Lake Grove Village Center.
The Community Development Code partially complies with only two of the 15 requirements in
OAR 660-012-0425, as indicated by regular typeface, below. The Code does not comply with the
13 items in bold:
(A) A repeal of all parking mandates within one-half mile pedestrian travel of climate
friendly areas (repeal of parking within % mile is otherwise required in Option 2);
(B) A repeal of parking mandates for transit-oriented development and mixed-use
development;
(C) A repeal of parking mandates for group quarters, including but not limited to
dormitories, religious group quarters, adult care facilities, retirement homes, and
other congregate housing;
(D) A repeal of parking mandates for studio apartments, one-bedroom apartments
and condominiums in residential developments of five or more units on a lot or parcel;
(E) A repeal of parking mandates for change of use of, or redevelopment of, buildings
vacant for more than two years. Cities and counties may require registration of a
building as vacant two years prior to the waiving of parking mandates;
(F) A repeal of requirements to provide additional parking for change of use or
redevelopment;
Comment:The City partially complies with 'F'. For example, no additional parking is required
for changes in use from retail to other retail and restaurant uses within the Compact Shopping
District subarea of the Downtown Redevelopment Design District.
(G) A repeal of parking mandates for expansion of existing businesses by less than 30
percent of a building footprint;
(H) A repeal of parking mandates for buildings within a National Historic District, on
the National Register of Historic Places, or on a local inventory of historic resources or
buildings;
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(I) A repeal of parking mandates for commercial properties that have fewer than ten
on-site employees or 3,000 square feet floor space;
(J) A repeal of parking mandates for developments built under the Oregon Residential
Reach Code;
(K) A repeal of parking mandates for developments seeking certification under any
Leadership in Energy and Environmental Design (LEED) rating system, as evidenced by
either proof of pre-certification or registration and submittal of a complete scorecard;
(L) A repeal of parking mandates for schools;
(M) A repeal of parking mandates for bars and taverns;
(N) Setting parking maximums consistent with OAR 660-012-0415(1), notwithstanding
populations listed in that section; and
(0) Designation of at least one residential parking district or parking benefit district
where on-street parking is managed through permits, payments, or time limits.
Repeal of parking mandates "within one-half mile pedestrian travel of climate friendly areas"
would apply to much of the city including residential neighborhoods adjacent to the
Downtown/Foothills and Lake Grove. Repeal of parking for schools would expand the area
further. However, it is unclear how these policy changes would actually affect the development
of parking or neighborhood livability.
Policies repealing or exempting parking mandates for developments built under the Oregon
Reach Code, or for projects that are "seeking" LEED certification, are potentially problematic to
administer and enforce.
Finally, policy '0', requiring the creation of parking districts with a residential parking permit
program, would have a significant budgetary impacts. It is difficult to estimate these costs for a
city the size of Lake Oswego, as few Oregon cities have these programs. Oregon City and Hood
River have metered parking in their downtowns but no residential parking programs. If Council
is interested in exploring Option 3, staff can research these programs.
Topic 3: Housing in Climate-Friendly Areas
The CFEC rules for housing (OAR 660-008), provided in Attachment 3, require that cities zone
Climate Friendly Areas (CFAs) in order to accommodate at least 30% of the city's housing need
in those areas. The rules apply to Lake Oswego's Downtown and Foothills areas, and the Lake
Grove Village Center.
The City would undertake this analysis and complete any required code changes in 2023 as part
of the forthcoming update to the Lake Oswego Housing Needs Analysis under House Bill 2003
(HB 2003, 2019). The City is also required to adopt a Housing Production Strategy by 2024 --the
CFEC rules require additional reporting of housing production to the State. This work will
require staff resources and consultant assistance, to be budgeted for FY 2023-2025.
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For more information on HB 2003, please refer to the City Council Report on the topic for June
21, 2022.
Topic 4: Transportation Plan Update
Under CFEC rules for Scenario Planning (OAR Division 44), provided as Attachment 4, Metro is
required to undertake scenario planning as it updates the Regional Transportation Plan (RTP)
for the purpose of reducing greenhouse gas emissions from "light vehicles", defined as motor
vehicles with a gross vehicle weight rating of 10,000 pounds or less. Following Metro adoption
of the RTP, cities in the Portland metro area are required to update their transportation system
plans, beginning within one year of RTP adoption, for consistency with the RTP.
Transportation System Plans (TSPs) in metropolitan areas must include the following elements
as required by OAR 660-0011-0100, below. The elements that will be new to Lake Oswego's TSP
are indicated in boldface.
(1) Cities shall develop and adopt a transportation system plan. Cities shall develop a
transportation system plan and amendments to that plan consistent with the provisions
of OAR 660-012-0105 through OAR 660-012-0215. A transportation system plan includes
the following elements:
(a)The core transportation system plan elements as provided in section (2);
(b) Funding projections as provided in OAR 660-012-0115;
(c) A transportation options element as provided in OAR 660-012-0145;
(d) An unconstrained project list as provided in OAR 660-012-0170;
(e) A financially-constrained project list as provided in OAR 660-012-0180;
(f) Any refinement plans adopted as provided in OAR 660-012-0190;
(g) A pedestrian system element as provided in OAR 660-012-0500;
(h) A bicycle system element as provided in OAR 660-012-0600;
(i) A public transportation system element as provided in OAR 660-012-0700; and
(j) A street and highway system element as provided in OAR 660-012-0800.
(2) A transportation system plan shall include the following core elements:
(a) The base and planning horizon years as provided in section (3) of this rule;
(b) The land use assumptions as provided in OAR 660-012-0340;
(c) A list of all elements of the plan, and the date of adoption or amendment of each;
(d) The coordinated land use and transportation system planning policies in the
city's comprehensive plan;
(e) The local transportation system plan goals and policies;
(f) Areas with concentrations of underserved populations as provided in OAR 660-
012-0125, identified using best available data;
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(g) A record of the engagement, involvement, and decision-making processes used in
development of the plan, as provided in OAR 660-012-0130;
(h) A major equity analysis as provided in OAR 660-012-0135, or an engagement-
focused equity analysis as provided in OAR 660-012-0135 for urban areas under
5,000 in population; and
(i) The dates of each report made to the director as provided in OAR 660-012-0900,
including all applicable city and county reports for the planning area.
Metro anticipates adopting the RTP in 2023, which means Lake Oswego should plan on
updating its Transportation System Plan (2016) beginning in 2024. That process, which will
require staff resources and consultant assistance, can be expected to take at least one year to
complete. The work should be budgeted for FY 2023-2025.
FISCAL IMPACT
The following project estimates are preliminary, incomplete, and subject to change based on
the final rules adopted by LDCD and funding availability from the State. The costs do not
account for ongoing operations, including administration and enforcement of the new rules, or
startup and operations of any new program, such as those prescribed by Parking Option 3.
Project/Phase Due Staff Time Consultant State Grant
(FTE) Opportunity
1. Electric Vehicle Charging Jul 2022 NA NA NA
Building Code changes
2. Parking
-Phase A Dec 2022 0.25 No No
-Phase B Jun 2023 0.25 $30k-$100k Yes
-Options 1, 2, or 3 June 2023
3. Climate Friendly Areas Dec 2023 NA NA Portion
Housing Capacity maybe**
Analysis*
4. Transportation System tbd 2024/2025 0.5 each in $200k-300k Yes***
Plan Update and Engineering
implementing codes and Planning
Totals for years 2022-24 0.5 —0.70 $230k- Assume
annually $500k 50% eligible
*This work is required by House Bill 2003 (2019) and 2023 phase is budgeted
**Next state grant cycle is 2023-2025 biennium
***Local match likely required
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ATTACHMENTS
1. Oregon Governor Executive Order 20-04
2. CFEC Rules—Amendments to OAR 660, Division 12 Transportation
3. CFEC Rules—Amendments to OAR 660-008-0010 Metropolitan Housing Rule
4. CFEC Rules—OAR 660, Division 44 Metropolitan Greenhouse Gas Reduction Targets
5. Letter from Oregon Mayors to LCDC, 05/18/2022
6. City of Lake Oswego Letter to DLCD Director Jim Rue, 02/01/2022
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Office of the Governor , ,
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State of Oregon
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EXECUTIVE ORDER NO. 20-04
DIRECTING STATE AGENCIES TO TAKE ACTIONS TO REDUCE AND
REGULATE GREENHOUSE GAS EMISSIONS
WHEREAS, climate change and ocean acidification caused by greenhouse gas
(GHG) emissions are having significant detrimental effects on public health and on
Oregon's economic vitality, natural resources, and environment; and
WHEREAS, climate change has a disproportionate effect on the physical, mental,
financial, and cultural wellbeing of impacted communities, such as Native
American tribes, communities of color, rural communities, coastal communities,
lower-income households, and other communities traditionally underrepresented in
public processes,who typically have fewer resources for adapting to climate
change and are therefore the most vulnerable to displacement, adverse health
effects,job loss,property damage, and other effects of climate change; and
WHEREAS,climate change is contributing to an increase in the frequency and
severity of wildfires in Oregon, endangering public health and safety and damaging
rural economies; and
WHEREAS,the world's leading climate scientists, including those in the Oregon
Climate Change Research Institute, predict that these serious impacts of climate
change will worsen if prompt action is not taken to curb emissions; and
WHEREAS,the Intergovernmental Panel on Climate Change has identified
limiting global warming to 2 degrees Celsius or less as necessary to avoid
potentially catastrophic climate change impacts, and remaining below this
threshold requires accelerated reductions in GHG emissions to levels at least 80
percent below 1990 levels by 2050; and
WHEREAS, Oregon, as a member of the U.S. Climate Alliance, has committed to
implementing policies to advance the emissions reduction goals of the international
Paris Agreement; and
WHEREAS, GHG emissions present a significant threat to Oregon's public health,
economy, safety, and environment; and
PP 22-0001 ATTACHMENT 1/PAGE 14 OF 161
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Office of the Governor k y 'Y` -° °
State of Oregon '-
18 5;:
EXECUTIVE ORDER NO. 20-04
PAGE TWO
WHEREAS,the transition from fossil fuels to cleaner energy resources can
significantly reduce emissions and increase energy security and the resilience of
Oregon communities in the face of climate change; and
WHEREAS, emissions from the transportation sector are the single largest source
of GHG emissions in Oregon; and
WHEREAS, actions to reduce GHG emissions in Oregon's transportation sector
will provide substantial public health co-benefits by reducing air pollutants from
the combustion of gasoline and diesel fuel that are harmful to human health; and
WHEREAS, the rapid transition from internal combustion engines to zero-emission
vehicles will play a key role in reducing emissions from the transportation sector
and advancing the state's GHG emissions reduction goals; and
WHEREAS, zero-emission vehicles provide multiple benefits to Oregonians,
including lower operating, maintenance, and fuel costs, and lower emissions of
GHGs and other pollutants; and
WHEREAS, the Legislature established ambitious goals for the adoption of zero-
emission vehicles in Senate Bill 1044 (2019); and
WHEREAS, rapid actions and investments by Oregon's utility sector to reduce
GHG emissions and improve the resilience of the energy system in the face of
climate change and wildfire risk can reduce risks for utility customers; and
WHEREAS, transitioning the traditional natural gas supply to renewable natural
gas can significantly reduce GHG emissions; and
WHEREAS, energy efficiency standards in the built environment can reduce
operating costs, save renters and homeowners money on their utility bills, improve
the comfort and habitability of dwellings, and reduce GHG emissions; and
WHEREAS, product energy efficiency standards reduce costs for consumers, save
energy, and reduce GHG emissions; and
PP 22-0001 ATTACHMENT 1/PAGE 15 OF 161
Office of the Governor
State of Oregon
EXECUTIVE ORDER NO. 20-04
PAGE THREE
WHEREAS, in the absence of effective federal engagement on these issues, it is the
responsibility of individual states to take immediate actions to address climate
change and ocean acidification; and
WHEREAS, after thorough hearings within the Oregon Legislature, a majority of
both chambers support addressing climate change, and the failure of the Oregon
Legislature to attain quorum has thwarted legislative action to achieve science-
based GHG emissions reduction goals; and
WHEREAS, given the urgency and severity of the risks from climate change and
ocean acidification, and the failure of the Legislature to address these immediate
harms, the executive branch has a responsibility to the electorate, and a scientific,
economic, and moral imperative to reduce GHG emissions and to reduce the worst
risks of climate change and ocean acidification for future generations, to the
greatest extent possible within existing laws; and
WHEREAS, existing laws grant authority to state agencies to take actions to
regulate and encourage a reduction of GHG emissions in a variety of
circumstances; and
WHEREAS, the Legislature through the Emergency Board took action on March 9,
2020,to provide permanent funding to the executive branch to pursue executive
action on reducing OHO emissions; and
WHEREAS, considering climate change in agency planning and decision making
will help inform decisions regarding climate change risks and avoid higher
mitigation and adaptation costs in the future; and
WHEREAS, all agencies with jurisdiction over the sources of GHG emissions will
need to continue to develop and implement programs that reduce emissions to
reach the state's GHG goals; and
WHEREAS, all agencies with jurisdiction over n natural and working landscapes in
Oregon will need to prepare and plan for the impacts of climate change and take
actions to encourage carbon sequestration and storage; and
PP 22-0001 ATTACHMENT 1/PAGE 16 OF 161
Office of the Governor ` .
State of Oregon •
EXECUTIVE ORDER NO. 20-04
PAGE FOUR
WHEREAS, the Legislature previously established the goal of achieving GHG
levels "at least 75 percent below 1990 levels" by 2050, and our State has an urgent,
moral obligation to set and achieve more ambitious GHG reduction goals.
NOW, THEREFORE,IT IS HEREBY DIRECTED AND ORDERED:
I. State Agencies. The following state commissions and state agencies are
subject to the directives set forth in this Executive Order:
A. Business Oregon;
B. Department of Administrative Services (DAS);
C. Department of Consumer and Business Services Building Codes
Division (BCD);
D, Department of Land Conservation and Development(DLCD) and
Land Conservation and Development Commission (LCDC);
E. Environmental Justice Task Force;
F. Environmental Quality Commission (EQC) and Department of
Environmental Quality (DEQ);
G. Oregon Department of Agriculture (ODA);
H. Oregon Department of Energy(ODOE);
I. Oregon Department of Fish and Wildlife (ODFW);
J. Oregon Department of Forestry(ODF);
K. Oregon Department of Transportation(ODOT) and Oregon
Transportation Commission(OTC);
L. Oregon Global Warming Commission;
M. Oregon Health Authority (OHA);
N. Oregon Water Resources Department (OWRD);
O. Oregon Watershed Enhancement Board (OWEB); and
P. Public Utility Commission of Oregon (PUC).
PP 22-0001 ATTACHMENT 1/PAGE 17 OF 161
Office of the Governor
State of Oregon tg5
EXECUTIVE ORDER NO. 20-04
PAGE FIVE
2. GHG Emissions Reduction Goals. Consistent with the minimum GI-1G
reduction goals set forth in ORS 468A.205(1)(c), this Executive Order
establishes science-based GHO emissions reduction goals, and calls for the
State of Oregon to reduce its GHG emissions(1) at least 45 percent below
1990 emissions levels by 2035; and (2) at least 80 percent below 1990
emissions levels by 2050.
3. General Directives to State Agencies. From the date of this Executive
Order,the state commissions and state agencies listed in paragraph 1 are
directed to take the following actions:
A. GHG Reduction Goals. Agencies shall exercise any and all
authority and discretion vested in them by law to help facilitate
Oregon's achievement of the GHG emissions reduction goals set
forth in paragraph 2 of this Executive Order.
B. Expedited Agency Processes. To the full extent allowed by law,
agencies shall prioritize and expedite any processes and procedures,
including but not limited to rulemaking processes and agency
dockets,that could accelerate reductions in GT-IG emissions.
C. Aaencv Decisions. To the full extent allowed by law, agencies shall
consider and integrate climate change, climate change impacts, and
the state's GHG emissions reduction goals into their planning,
budgets, investments, and policy making decisions. While carrying
out that directive, agencies are directed to:
(1) Prioritize actions that reduce GHG emissions in a cost-
effective manner;
(2) Prioritize actions that will help vulnerable populations and
impacted communities adapt to climate change impacts; and
(3) Consult with the Environmental Justice Task Force when
evaluating climate change mitigation and adaptation
priorities and actions.
D. Report on Proposed Actions. The following agencies are directed to
report to the Governor by May 15, 2020, on proposed actions within
their statutory authority to reduce GHG emissions and mitigate
climate change impacts: DEQ, DLCD, ODA, ODOE, ODFW, ODF,
ODOT, OWRD, OWEB, and PUC.
PP 22-0001 ATTACHMENT 1/PAGE 18 OF 161 tt�
nr
Office of the Governor r� .„
State of Oregon
'a"
EXECUTIVE ORDER NO. 20-04
PAGE SIX
E. Participation in Interagency Workerouv on Climate Impacts to
Impacted Communities. The Governor's Office will convene an
interagency workgroup on climate impacts to impacted communities
to develop strategies to guide state climate actions, with
participation by the following agencies and commissions: DEQ,
DLCD, ODA, ODF, ODFW, ODOE, °DOT, OHA, OWEB,
OWRD, PUC, Environmental Justice Task Force, Oregon Global
Warming Commission, Oregon Parks and Recreation Department,
and Oregon Sustainability Board.
4, Directives to the Environmental Duality Commission and the
Denartment of Environmental Oualitv,. In addition to the general
directives set forth in paragraph 3, the EQC and DEQ are directed to take
the following actions:
A. Oregon's Clean Fuel Standards. Pursuant to its authority under
ORS 468A.265 et seq. and other applicable laws, the EQC and DEQ
shall take actions necessary to amend the low carbon fuel standards,
and the schedule to phase in implementation of those standards, with
the goal of reducing the average amount of GHG emissions per unit
of fuel energy by 20 percent below 2015 levels by 2030, and 25
percent below 2015 levels by 2035.
B. Clean Fuel Credits for Electrification. The EQC and DEQ are
directed to advance methods accelerating the generation and
aggregation of clean fuels credits by utilities that can advance the
transportation electrification goals set forth in Senate Bill 1044
(2019).
C. Sector-specific GHG Cap and Reduce Program. Pursuant to its
authority under ORS 468A.005 et seq. and other applicable laws, the
EQC and DEQ shall take actions necessary to:
(1) Cap and reduce GHG emissions from large stationary
sources of GHG emissions, consistent with the science-based
emissions reduction goals set forth in paragraph 2 of this
Executive Order;
(2) Cap and reduce GHG emissions from transportation fuels,
including gasoline and diesel fuel, consistent with the
science-based emissions reduction goals set forth in
paragraph 2 of this Executive Order; and
PP 22-0001 ATTACHMENT 1/PAGE 19 OF 161
Office of the Governor _"
State of Oregon ". 'g:s
EXECUTIVE ORDER NO. 20-04
PAGE SEVEN
(3) Cap and reduce GHG emissions from all other liquid and
gaseous fuels, including natural gas, consistent with the
science-based emissions reduction goals set forth in
paragraph 2 of this Executive Order.
D. Regulation of Landfill Methane Emissions. The EQC and DEQ
shall take actions necessary to reduce methane gas emissions from
landfills, as defined in ORS 459.005(14), that are aligned with the
most stringent standards and requirements for reducing methane gas
emissions from landfills adopted among the states having a
boundary with Oregon.
E. Reduction of Food Waste. The EQC and DEQ are directed to take
actions necessary to prevent and recover food waste, with the goal
of reducing food waste by 50 percent by 2030, to reduce GHG
emissions resulting from such waste, including but not limited to
engaging with states and other jurisdictions, industry, food retailers,
and brand manufacturers to develop and implement strategies to
prevent and recover food waste.
F. Timeline and Implementation.
(1) No later than May 15, 2020, DEQ shall submit a report to the
Governor regarding an estimated timeline for rulemaking
necessary for implementing the directives of paragraph
4(A)—(B) and paragraph 4(D)—(E), above.
(2) DEQ shall submit a preliminary report to the Governor by
May 15, 2020, regarding program options to cap and reduce
emissions from large stationary sources,transportation fuels,
and other liquid and gaseous fuels that can commence no
later than January 1, 2022. A final report shall be due by
June 30, 2020.
(3) Reports submitted pursuant to paragraph 4 of this Executive
Order also should detail DEQ's plans to engage impacted
communities during the rulemaking process, in a manner
consistent with ORS chapter 183.
5. Directives to the Public Utility Commission of Ores . In addition to the
general directives set forth in paragraph 3,the PUC is directed to consider
the following factors and values, consistent with state law:
PP 22-0001 ATTACHMENT 1/PAGE 20 OF 161 ��"3
Office of the Governor
State of Oregon
EXECUTIVE ORDER NO. 20-04
PAGE EIGHT
A. Statement of Public Interest. It is in the interest of utility customers
and the public generally for the utility sector to take actions that
result in rapid reductions of GHG emissions, at reasonable costs, to
levels consistent with the GHG emissions reduction goals set forth
in paragraph 2 of this Executive Order, including transitioning to
clean energy resources and expanding low carbon transportation
choices for Oregonians.
B, Reaulatory Considerations, Executive Order 00-06,which ensures
that the PUC maintains its independence in decision making, is
reaffirmed. The directives in this Executive Order are consistent
with Executive Order 00-06. When carrying out its regulatory
functions, the PUC is directed to:
(1) Determine whether utility portfolios and customer programs
reduce risks and costs to utility customers by making rapid
progress towards reducing GHG emissions consistent with
Oregon's reduction goals;
(2) Encourage electric companies to support transportation
electrification infrastructure that supports GHG reductions,
helps achieve the transportation electrification goals set forth
in Senate Bill 1044 (2019), and is reasonably expected to
result in long-term benefit to customers;
(3) Prioritize proceedings and activities, to the extent consistent
with other legal requirements, that advance decarbonization
in the utility sector, and exercise its broad statutory authority
to reduce GHG emissions, mitigate energy burden
experienced by utility customers, and ensure system
reliability and resource adequacy;
(4) Evaluate electric companies' risk-based wildfire protection
plans and planned activities to protect public safety, reduce
risks to utility customers, and promote energy system
resilience in the face of increased wildfire frequency and
severity, and in consideration of the recommendations made
by the Governor's Council on Wildfire Response 2019
Report and Recommendations;
PP 22-0001 ATTACHMENT 1/PAGE 21 OF 161 tE`r�
Office of the Governor
State of Oregon
EXECUTIVE ORDER NO. 20-04
PAGE NINE
(5) Convening periodic workshops for purposes of assisting
electric companies, consumer-owned utilities, and operators
of electrical distribution systems to develop and share best
practices for mitigating wildfire risk; and
(6) In cooperation with Oregon Housing and Community
Services, establish a public process to address and mitigate
differential energy burdens and other inequities of
affordability and environmental justice, including rate design
and other programs to mitigate energy burden.
6, Direciives to the Department of Consumer and Business Services
Buiiding_Codes Division. In addition to the general directives set forth in
paragraph 3, BCD is directed to take the following actions:
A. Energy Efficiency Goal for New Construction. BCD, through its
advisory boards and committees, and in cooperation with ODOE, is
directed to adopt building energy efficiency goals for 2030 for new
residential and commercial construction. That goal shall represent at
least a 60 percent reduction in new building annual site consumption
of energy, excluding electricity used for transportation or
appliances, from the 2006 Oregon residential and commercial codes.
B. Code Progress and Updates. BCD, through its advisory boards and
committees, and in cooperation with ODOE, is directed to evaluate
and report on Oregon's current progress toward achieving the goal
for new residential and commercial buildings, pursuant to paragraph
6(A) of this Executive Order, and options for achieving steady
progress toward the goal over the next three code cycles (2023,
2026, and 2029). Pursuant to its authority under ORS 455.500,
BCD also is directed to update the Reach Code on the same
timeline. No later than September 15, 2020, BCD should submit a
report to the Governor on current progress and options for achieving
the goals over the next three code cycles. The report should be
updated every three years thereafter.
C. Baseline Metrics and Reductions. BCD, in cooperation with ODOE,
is directed to agree on metrics, based on best practice and academic
research,to inform the baseline and reductions associated with the
code updates set forth in paragraph 6(B).
PP 22-0001 ATTACHMENT 1/PAGE 22 OF 161
Office of the Governor
State of Oregon :z
EXECUTIVE ORDER NO. 20-04
PAGE TEN
7. Directives to the Oregon Department of Energy. In addition to the
general directives set forth in paragraph 3, ODOE is directed to take the
following actions:
A. Energy Efficiency Standards. ODOE is directed to pursue emissions
reductions by establishing and updating energy efficiency standards
for products at least to levels equivalent to the most stringent
standards among West Coast jurisdictions, including grid-connected
appliances that can be utilized to manage end-use flexible electrical
loads. ODOE also is directed to periodically evaluate and update
those standards, as practicable, to remain at least equivalent to the
most stringent standards among West Coast jurisdictions.
B, Rulemaking, ODOE is directed to take actions necessary to
establish and update energy efficiency standards for products sold or
installed in Oregon that include but are not limited to the following:
(1) High CRI fluorescent lamps;
(2) Computers and computer monitors;
(3) Faucets;
(4) Shower heads;
(5) Commercial fryers;
(6) Commercial dishwashers;
(7) Commercial steam cookers;
(8) Residential ventilating fans;
(9) Electric storage water heaters; and
(10) Portable electric spas,
C, Timeline. Any rulemaking necessary to implement the directives set
forth in paragraph 7(B) should be completed by September 1, 2020.
D. Third-Party Validation for Cost Savings, ODOE, in cooperation
with BCD, is directed to contract with a third party consulting firm
to assess cost implications, including long-term energy cost savings,
of the energy efficiency and building code actions set forth in
paragraph 6(A)—(13) of this Executive Order.
PP 22-0001 ATTACHMENT 1/PAGE 23 OF 161 �f�t3
Office of the Governor ��
State of Oregon
EXECUTIVE ORDER NO. 20-04
PAGE ELEVEN
8. Directives to the Department of Administrative Services. In addition to
the general directives set forth in paragraph 3, DAS is directed to take the
following actions:
A. Procurement Model for Zero-Emission Vehicles. DAS is directed to
develop a statewide policy and plan for state agencies to follow for
procuring zero-emission vehicles, which local governments and
special government bodies may use as a model program for
furthering adoption of zero-emission vehicles for their fleets. The
model program shall provide for a rate of procurement of zero-
emission vehicles consistent with the findings and goals set forth in
ORS 283.398 and the provisions of ORS 283.327. The model
program may provide for DAS to participate in, sponsor, conduct, or
administer cooperative procurements in accordance with
ORS 279A.200 to ORS 279A.225, under which DAS, local
governments, and special government bodies may procure zero-
emission vehicles.
B. GHG Implications of Contracting. DAS is directed to review
existing state procurement laws and practices to identify potential
improvements that can reduce GHG emissions, consistent with the
GHG reduction goals set forth in paragraph 2 of this Executive
Order. DAS shall provide a report to the Governor no later than
September 15, 2020, detailing options.
C. GHG Reduction Goals and Electrification Goals. DAS is directed to
support the state in meeting the GHG reduction goals set forth in
paragraph 2 of this Executive Order, and the zero-emission vehicle
adoption goals set forth in Senate Bill 1044 (2019), through the
rapid conversion of state fleets to zero-emission vehicles, and the
expansion of electric vehicle charging infrastructure for public
buildings, DAS shall provide a report to the Governor no later than
September 15, 2020, detailing its plan.
9. Directives to the Oregon Transportation Commission. Oreg
Department of Transportation, Land Conservation and Development
Commission.Environmental °uality Commission, and Oregon,
Department of Energy.
PP 22-0001 ATTACHMENT 1/PAGE 24 OF 161 g
Office of the Governor
State of Oregon
EXECUTIVE ORDER NO. 20-04
PAGE TWELVE
A. In a letter from the Governor, dated September 23, 2019, the OTC,
LCDC, EQC, and ODOE were directed to prioritize implementation
of the Statewide Transportation Strategy, adopted by the OTC.
Those agencies are further directed to include the following
elements in their implementation of the Statewide Transportation
Strategy:
(1) Establishment of GHG emissions reduction performance
metrics; and
(2) Amendments to the Transportation Planning Rule that direct
changes to the transportation plans of metropolitan planning
areas to meet GI-IG reduction goals.
B. ODOT and DLCD are directed to identify and implement means to
provide financial and technical assistance to metropolitan planning
areas for amendment to transportation and land use plans that meet
the state GHG reduction goals, or more stringent goals adopted by a
metropolitan planning area.
C. Implementation of the directives set forth in paragraph 9(A)—(B)
shall be at the highest level within the agencies, with regular and
direct reporting to the Governor. The first report shall be made to
the Governor no later than June 30, 2020.
10. Directives to the Oregon Department of Transnortation. In addition to
the general directives set forth in paragraph 3, ODOT is directed to take the
following actions:
A. In consultation with DEQ, ODOE, other appropriate state agencies,
and public utilities, ODOT is directed to conduct a statewide
transportation electrification infrastructure needs analysis, with
particular focus on rural areas of the state, across use types and
vehicle classes,to facilitate the transportation electrification goals
set forth in Senate Bill 1044 (2019). The study should be completed
no later than June 30, 2021.
B. ODOT is directed to develop and apply a process for evaluating the
GHG emissions implications of transportation projects as part of its
regular capital planning and Statewide Transportation Improvement
Program planning processes. ODOT shall provide a report on the
process to the Governor no later than June 30, 2021.
PP 22-0001 ATTACHMENT 1/PAGE 25 OF 161 e,.z)
OF 4.
Office of the Governor wl),
State of Oregon
EXECUTIVE ORDER NO. 20-04
PAGE THIRTEEN
11. Directives to Oregon Health Authority. In addition to the general
directives set forth in paragraph 3, OHA is directed to take the following
actions;
A. OHA is directed to deliver a report to the Governor, the Oregon
Global Warming Commission, and the Environmental Justice Task
Force no later than September 1, 2020, on the public health impacts
of climate change in Oregon, with particular emphasis on the risks
faced by vulnerable communities, including Oregon's nine federally
recognized Native American tribes, communities of color, low
income communities, and rural communities. OHA is directed to
update the report annually.
B. OHA is directed to study the impacts of climate change on youth
depression and mental health in Oregon and deliver a report to the
Governor no later than June 30, 2021.
C. OHA and the Oregon Occupational Safety and Health
Administration(OSHA) are directed to jointly develop a proposal
for standards to protect workplace employees from exposure to
wildfire smoke and excessive heat. The proposal should be
completed no later than June 30, 2021.
12. Directives to Oregon Glofal Warming Commission. In addition to the
general directives set forth in paragraph 3,the Global Warming
Commission is directed to take the following actions:
A. In coordination with ODA, ODF, and OWEB, the Oregon Global
Warming Commission is directed to submit a proposal to the
Governor for consideration of adoption of state goals for carbon
sequestration and storage by Oregon's natural and working
landscapes, including forests, wetlands, and agricultural lands, based
on best available science. The proposal shall be submitted no later
than June 30, 2021.
B. Consistent with its reporting requirements in House Bill 3543
(2007), the Oregon Global Warming Commission shall also include
reporting on progress toward the GHG reduction goals set forth in
paragraph 2 of this Executive Order, and the zero-emission vehicle
adoption goals set forth in SB 1044 (2019).
PP 22-0001 ATTACHMENT 1/PAGE 26 OF 161
Office of the Governor R �-
State of Oregon N ' .5 ' :�xl
�i85'g_
EXECUTIVE ORDER NO.20-04
PAGE FOURTEEN
13. Effectiveness. This Executive Order will remain in effect unless and until
it is superseded by statute or another Executive Order.
Done at Salem, Oregon, this l bray of March, 2020.
JaFV / A)
Kate Brown
GOVERNOR
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8 5' ' /11 Bev Clarn
*-4 SECRETARY OF STATE
PP 22-0001 ATTACHMENT 1/PAGE 27 OF 161
AGENDA ITEM 3
MAY 19-20, 2022-LCDC MEETING
ATTACHMENT D
Climate-Friendly and Equitable Communities
Proposed Amendments to Division 12 (Transportation Planning Rules)
PROPOSED ADOPTION DRAFT— May 5, 2022
Summary
These proposed amendments to the Transportation Planning Rules (Oregon Administrative Rules
Chapter 660, Division 12) are a response to the direction provided in Executive Order 20-04, the multi-
agency work through the Every Mile Counts Multi-Agency Work Program, to implement the Statewide
Transportation Strategy.The proposed rules are informed by guidance received from the Land
Conservation and Development Commission,the advisory committee, and input from the public and
other interested parties.
About This Document
• This document is organized with proposed changes to existing rules first,followed by new
proposed rules.
• Where we are making changes to existing rules, we use gtrilvethrough and underline for deleted
and new text. Where the entire rule is new,we just have the text.
• The rules have been divided into several parts, this is just for ease of reading and not part of the
rules.
• The summary box at the top of each rule helps to explain it. It is not part of the rules, but just to
help readers understand what is in each rule.
Table of Contents
Summary 1
About This Document 1
Table of Contents 1
Updated Rules 4
Changes to Existing Rules 4
0000: Purpose 5
0005: Definitions 8
0015: Preparation and Coordination of Transportation System Plans 14
0016: Coordination with Federally-Required Regional Transportation Plans in Metropolitan Areas 16
0035: Evaluation and Selection of Transportation System Alternatives 17
0045: Implementation of the Transportation System Plan 21
0060: Plan and Land Use Regulation Amendments 26
New Rules 0011-0012: Applicability and Effective Dates 36
0011: Applicable Rules 36
Draft Transportation Planning Rules Amendments Proposed Adoption Draft—May 5,2022 Page 1 of 109
PP 22-0001 ATTACHMENT 1/PAGE 28 OF 161
0012A: Effective Dates and Transition Period [More Urgent Option] 36
0012B: Effective Dates and Transition Period [More Time Option] 39
New Rules 0100-0215: General Provisions 42
0100:Transportation System Plans in Metropolitan Areas 42
0105:Transportation System Plan Updates 44
0110:Transportation System Planning Area 45
0115: Funding Projections 45
0120: Transportation System Planning Engagement 46
0125: Underserved Populations 47
0130: Decision-Making with Underserved Populations 48
0135: Equity Analysis 48
0140: Transportation System Planning in the Portland Metropolitan Area 49
0145: Transportation Options Planning 51
0150: Transportation System Inventories 52
0155: Prioritization Framework 53
0160: Reducing Vehicle Miles Traveled 54
0170: Unconstrained Project List 55
0180: Financially-Constrained Project List 56
0190: Transportation System Refinement Plans 57
0200: Temporary Projects 58
0210: Transportation Modeling and Analysis 58
0215: Transportation Performance Standards 59
New Rules 0300-0360: Coordinated Land Use and Transportation Planning 60
0300: Coordinated Land Use and Transportation System Planning 60
0310: Climate Friendly Areas 60
0315: Designation of Climate Friendly Areas 62
0320: Land Use Requirements in Climate Friendly Areas 65
0325: Transportation Review in Climate Friendly Areas 68
0330: Land Use Requirements 70
0340: Land Use Assumptions 73
0350: Urban Growth Boundary Expansions 73
0360: Key Destinations 74
New Rules 0400-0450: Parking 75
Draft Transportation Planning Rules Amendments Proposed Adoption Draft—May 5,2022 Page 2 of 109
PP 22-0001 ATTACHMENT 1/PAGE 29 OF 161
0400: Parking Management 75
0405: Parking Regulation Improvements 76
0410: Electric Vehicle Charging 77
0415: Parking Maximums and Evaluation in More Populous Communities 77
0420: Exemption for Communities without Parking Mandates 78
0425: Reducing the Burden of Parking Mandates 79
0430: Reduction of Parking Mandates for Development Types 79
0435: Parking Reform in Climate Friendly Areas 80
0440: Parking Reform near Transit Corridors 80
0445: Parking Management Alternative Approaches 81
0450: Parking Management in More Populous Communities 82
New Rules 0500-0520: Pedestrian System 83
0500: Pedestrian System Planning 83
0505: Pedestrian System Inventory 84
0510: Pedestrian System Requirements 84
0520: Pedestrian System Projects 85
New Rules 0600-0630: Bicycle System 86
0600: Bicycle System Planning 86
0605: Bicycle System Inventory 87
0610: Bicycle System Requirements 87
0620: Bicycle System Projects 89
0630: Bicycle Parking 89
New Rules 0700-0720: Public Transportation System 90
0700: Public Transportation System Planning 90
0705: Public Transportation System Inventory 92
0710: Public Transportation System Requirements 92
0720: Public Transportation System Projects 93
New Rules 0800-0830: Streets and Highways System 94
0800: Street and Highway System Planning 94
0805: Street and Highway System Inventory 95
0810: Street and Highway System Requirements 95
0820: Street and Highway System Projects 97
0830: Enhanced Review of Select Roadway Projects 98
Draft Transportation Planning Rules Amendments Proposed Adoption Draft—May 5,2022 Page 3 of 109
PP 22-0001 ATTACHMENT 1/PAGE 30 OF 161
New Rules 0900-0920: Reporting and Compliance 103
0900: Reporting 103
0905: Land Use and Transportation Performance Measures 105
0910: Land Use and Transportation Performance Targets 106
0915: Review of Reports 107
0920: Compliance Hearings 108
1 Updated Rules
2 Changes to Existing Rules
3 The existing rules will mostly remain the same, with some changes as noted below:
4 0000: Updates to reflect changes across the division.
5 0005: Updates to reflect changes across the division.
6 0015: Changes to remove requirements specific to metropolitan areas.
7 0016:This rule only applies in metropolitan areas and is proposed to be deleted.
8 0035: Changes to remove requirements specific to metropolitan areas.
9 0045: Changes to remove requirements specific to metropolitan areas.
10 0060: Updates to reflect changes across the division.
11 We do not propose any alterations to the remaining existing rules in the Transportation Planning Rules.
12 Changes from the text of existing rules are noted with underline under added text, and strikeouts
13 through deleted text.
Draft Transportation Planning Rules Amendments Proposed Adoption Draft—May 5,2022 Page 4 of 109
PP 22-0001 ATTACHMENT 1/PAGE 31 OF 161
1 0000:Purpose
2 The purpose provides an overview of the commission's reasons for adopting the division, including how
3 the division implements the statewide planning goals.A clear purpose statement is useful for everyone
4 who uses the rules; including the public, local governments, and the courts.
5 We propose to adjust the purpose to focus on the challenges of today and the future.The updated
6 purpose also focuses in areas where Oregon is most deficient. Oregon is falling short on transportation
7 safety(with traffic deaths trending higher and four times that of leading countries, and twice that of
8 Canada), so the purpose re-ups the emphasis on safety. As the roadway network is relatively complete
9 for cars, we focus on ensuring quality options for other modes.This purpose highlights climate pollution,
10 and Oregon's need to meet our goals to reduce that pollution. Oregon's transportation system has
11 inequitably impacted key underserved populations, and decision making has centered the voices of the
12 privileged at the expense of those populations.
13 This purpose acknowledges those problems and focuses on remedies.The purpose retains key
14 coordination and planning elements.
15 (1) This division implements Statewide Planning Goal 12 (Transportation)to provide and encourage
16 a safe, convenient, and economic transportation system. This division also implements provisions
17 of other statewide planning goals related to transportation planning in order to plan and develop
18 transportation facilities and services in close coordination with urban and rural development. The
19 purpose of this division is to direct transportation planning in coordination with land use planning
20 to:
21 (a) Provide for safe transportation for all Oregonians;
22 (b) Promote the development of transportation systems adequate to serve statewide,regional,
23 and local transportation needs;
24 (c) Provide a transportation system that serves the mobility and access needs of those who
25 cannot drive and other underserved populations;
26 (d) Provide for affordable, accessible and convenient transit, pedestrian, and bicycle access
27 and circulation,with improved connectivity to destinations people want to reach, such as
28 education facilities,workplaces, services, shopping,places of worship,parks, open
29 spaces, and community centers;
30 (e) Reduce pollution from transportation to meet statewide statutory and executive goals to
31 reduce climate pollution;
32 (0 Recognize and remedy impacts of past practices that have harmed underserved
33 populations, such as redlining, displacement, exclusionary zoning_, inaccessible design,
34 and roadway and other public infrastructure siting;
35 (g) Engage underserved populations in decision-making and prioritize investments serving
36 those communities;
37 (h) Facilitate the safe flow of freight. goods, and services within regions and throughout the
38 state through a variety of modes including road, air, rail, and marine transportation;
39 (i) Protect the functions of existing and planned transportation facilities, corridors, and sites;
40 (j) Provide for the construction and implementation of transportation facilities.
41 improvements, and services necessary to support acknowledged comprehensive plans;
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1 (k) Identify how transportation facilities are_provided on rural lands consistent with the
2 statewide planning goals:
3 (1) Protect and restore safe passage for fish and wildlife, flood waters,and other natural
4 system functions at roadway crossings of waterbodies and other native habitat corridors:
5 (m) Require coordination among affected local governments and transportation service
6 providers and consistency between state,regional,and local transportation plans; and
7 (n) Encourage changes to comprehensive_plans to be supported bv_ adequate planned
8 transportation facilities for all modes.
9 (1) Thra division i rlra ent S Adc PlywAc g Goal 12(Transportation)to provide and encourage
10 a safe, convenient and economic transportation systana. Thki division also implemonte :-isions
11 of other statewide p'rumi goals related to transportation p'r.c &g' x order to ;721an and develop
12 transportation facilities and sery'reafrr.close coordination wiJr.unlaer and rural development. The
13 purpose of this division is to direct transportatiar.rkmning in coordination with land uao p'n:ning
14
15 (a; Promote the development of transportation systems adequate to serve statewide,regional
16 and loam trariportation needs and the mobility needs of tiro t1ariportation disadvantaged;
17 (b Er.courage and support the av iob li y of a variety of transportation choices for moving
18 people that ha/mince vehicular use with other transportation modes,including walking,
19 bicycling and t►n,��•ntin order to avoid prirraipal rali o upon any one mode of
20 transportation;
21 (a) Provide for safe and convenient vehicular, trarrvt,padeIrkx and bicycle access and
22 circulation;
23 (d) Facilitate the safe, efficient and economic flow of freight and other goods and services
24 ,
25 rail and marine transportation;
26 {J Protect existing and r)�nrrod transportation facilities, corridors and sites for their
27 identified functions;
28 (f) Provide for the construction and implementation of transportation facilities,
29 improvements and services necessary to support acknowledged comprehensive plans;
30 (g) Identify how transportation facilities are provided ay.rui k..ds consistent with the
31 goals;
32 (h) Ensure coordination among affected local governments and transportation service
33 providers and consistency between state,regiarral and local transportation rknx-r3; td
34 (i) Ensure that changes to comprehensive p rrz supported by adequate planned
35 transportation facilities.
36 (2) In meeting the purposes described in section(1),coordinated land use and transportation plans
37 should ensure the transportation system supports a pattern of travel and land use in urban areas
38 that will avoid common air pollution, climate pollution,inequity,wasteful spending,traffic and
39 health and livability problems faced by other largo urban a.,as of the country,through measures
40 designed to increase transportation options choices and make more efficient use of the existing
41 transportation system.
42 (3) The extent of planning required by this division and the outcome of individual transportation
43 plans will vary depending on community size,needs and circumstances. Generally,larger and
44 faster growing communities and regions will need to prepare more comprehensive and detailed
45 plans,while smaller communities and rural areas will have more general plans. For all
46 communities,the mix of planned transportation facilities and services should be sufficient to
47 ensure promote economic, sustainable and environmentally sound mobility and accessibility for
48 all Oregonians. Coordinating land use and transportation planning will also complement efforts to
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1 meet other state and local objectives,including containing urban development,reducing the cost
2 of public services,protecting farm and forest land,reducing air,water, and noise pollution,
3 conserving energy and reducing climate pollution omissions of greenhouse gases that contribute
4 to glohd olinx to change.
5 (a) In all urban areas,coordinated land use and transportation plans are intended to provide
6 safe transportation convenient vehicl.r oairoukat and to enhance,promote and
7 facilitate safe and convenient pedestrian and bicycle travel by planning a well-connected
8 network of streets, sidewalks,paths, and trails,and supporting improvements for all
9 travel non-driving travel modes.
10 (b) In urban areas that contain with a population greater than 25,000 persons,coordinated
11 land use and transportation plans are intended to improve livability and accessibility by
12 promoting the provision of transit service and more efficient performance of existing
13 transportation facilities through transportation system management and demand
14 management measures.
15 (c) Within metropolitan areas,coordinated land use and transportation plans are intended to
16 improve livability and accessibility by promoting changes in the transportation system
17 and land use patterns. A key outcome of this effort is a reduction in dependence reliance
18 on single occupant automobile use,particularly during peak periods. To accomplish this
19 outcome,this division promotes increased planning for alternative non-driving modes
20 and street connectivity and encourages land use patterns throughout urban areas that
21 make it more convenient for people to walk,bicycle,use transit,use automobile travel
22 more efficiently,and drive less to meet their daily needs. The result of applying these
23 portions of the division will vary within metropolitan areas. Some parts of urban areas,
24 such as downtowns,pedestrian districts,transit-oriented developments,climate friendly
25 areas,areas along priority transit corridors,and other mixed-use,pedestrian-friendly
26 centers,will be highly convenient for a variety of modes,including walking,bicycling
27 and transit,while others will be more auto-oriented while still providing safe and
28 convenient and include more modest measures to accommodate access and circulation by
29 other modes. In all instances. infrastructure shall be designed and constructed to deliver
30 safety and convenience for all Oregonians.
31 (4) This division sets requirements for coordination among affected levels of government and
32 transportation service providers for preparation,adoption,refinement,implementations and
33 amendment of transportation system plans. Transportation system plans adopted pursuant to this
34 division fulfill the requirements for public facilities required under ORS 197.712(2)(e),Goal 11
35 and OAR chapter 660,division 11, as they relate to transportation facilities. The rules in this
36 division are not intended to make local government determinations"land use decisions"under
37 ORS 197.015(10). The rules recognize,however,that under existing statutory and case law,many
38 determinations relating to the adoption and implementation of transportation plans will be land
39 use decisions.
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1 0005:Definitions
2 Every division of rules has a list of definitions. We will keep the list of definitions in the existing division,
3 with changes and additions, as necessary.These definitions apply to the existing rules which will
4 continue to apply outside of metropolitan areas,as well as new rules for cities and counties inside of
5 metropolitan areas.
6 Changes in section numbering are not marked in this rule.
7 (1) "Access Management" means measures regulating access to streets,roads and highways from
8 public roads and private driveways. Measures may include but are not limited to restrictions on
9 the siting of interchanges,restrictions on the type and amount of access to roadways, and use of
10 physical controls, such as signals and channelization including raised medians,to reduce impacts
11 of approach road traffic on the main facility.
12 (2) "Accessible dwelling unit"means a dwelling unit constructed to accommodate persons with
13 disabilities, in compliance with the Americans with Disabilities Act and applicable construction
14 requirements in adopted building codes.
15 (3) "Accessible"means complying with the American with Disabilities Act.
16 (4) "Accessway"means a walkway that provides pedestrian and or bicycle passage either between
17 streets or from a street to a building or other destination such as a school,park,or transit stop.
18 Accessways generally include a walkway and additional land on either side of the walkway,often
19 in the form of an easement or right-of-way,to provide clearance and separation between the
20 walkway and adjacent uses.Accessways through parking lots are generally physically separated
21 from adjacent vehicle parking or parallel vehicle traffic by curbs or similar devices and include
22 landscaping,trees,and lighting. Where accessways cross driveways,they are generally raised,
23 paved, or marked in a manner which provides convenient access for pedestrians.
24 (5) "Affected Local Government"means a city,county, or metropolitan service district that is
25 directly impacted by a proposed transportation facility or improvement.
26 (6) "Approach Road"means a legally constructed,public or private connection that provides
27 vehicular access either to or from or to and from a highway and an adjoining property.
28 (7) "Area,net"means the total area of a development site exclusive of proposed or existing public
29 rights of way.public parks,public open space,protected natural features, and any other areas
30 permanently precluded from development due to development constraints, easements, or similar
31 legal instruments.
32 (8) "At or near a major transit stop: "At"means a parcel or ownership which is adjacent to or
33 includes a major transit stop generally including portions of such parcels or ownerships that are
34 within 200 feet of a transit stop. "Near" generally means a parcel or ownership that is within 300
35 feet of a major transit stop. The term"generally" is intended to allow local governments through
36 their plans and ordinances to adopt more specific definitions of these terms considering local
37 needs and circumstances consistent with the overall objective and requirement to provide
38 convenient pedestrian access to transit.
39 (9) `Bicycle boulevard"means bicycle facilities on streets with low motorized traffic volumes and
40 speeds,designated and designed to give bicycle travel priority. Bicycle boulevards use signs.
41 markings,traffic diverters.or other measures to discourage through trips by motor vehicles. A
42 bicycle boulevard may also include traffic control features to create safe, convenient bicycle
43 crossings of intersecting streets.
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1 (10) "Climate friendly area"means an urban mixed-use area containing,or planned to contain,a
2 mixture of higher-density housing. jobs,businesses, and services. These areas are served by. or
3 planned for service by..high-quality pedestrian.bicycle, and transit infrastructure and services to
4 provide frequent and convenient connections to key destinations within the city and region. These
5 areas feature a well-designed and connected pedestrian environment. To maximize community
6 benefits these areas typically do not contain or require large parking lots, and are provided with
7 abundant tree canopy and vegetation to provide shade,cooling,and other amenities to visitors,
8 residents,and employees. Climate friendly areas will reduce the reliance on light duty motor
9 vehicle trips for residents,workers, and visitors by providing more proximate destinations within
10 climate friendly areas, improved connectivity to key destinations elsewhere in the community.
11 and enhanced alternative transportation options.
12 (11) "Commercial parking lot"means a site without a primary use where vehicle parking spaces are
13 rented or leased . It does not include shared parking.
14 (12) "Committed transportation facilities"means those proposed transportation facilities and
15 improvements which are consistent with the acknowledged comprehensive plan and have
16 approved funding for construction in a public facilities plan or the Six-Year Highway or
17 Transportation Improvement Program.
18 (13) "Demand management"means actions which are designed to change travel behavior in order to
19 improve performance of transportation facilities and to reduce need for additional road capacity.
20 Methods may include,but are not limited to,the use of alternative non-driving modes,ride-
21 sharing and vanpool programs,trip-reduction ordinances, shifting to off-peak periods,and
22 reduced or paid parking.
23 (14) "Equitable outcomes"means outcomes that burdens underserved populations less than and
24 benefits underserved populations as much or more as the city or county population as a whole.
25 Examples of equitable outcomes include:
26 (a) Increased stability of underserved populations, lowering the likelihood of displacement
27 due to gentrification from public and private investments:
28 (b) More accessible, safe, affordable and equitable transportation choices with better
29 connectivity to destinations people want to reach:
30 (c) Adequate housing with access to employment, education. and fresh food, goods, services.
31 recreational and cultural opportunities, and social spaces:
32 (d) Increased safety for people in public spaces,transportation and community development
33 (e) Equitable access to parks,nature, open spaces and public spaces:
34 (0 Better and more racially equitable health outcomes across the lifespan,particularly health
35 outcomes connected to transportation choices, air pollution. and food:
36 (g) Recognizing and remedying impacts of past practices such as redlining,displacement.
37 exclusionary zoning,and roadway and other public infrastructure siting decisions that
38 harmed underserved communities: and
39 (h) Fairly-distributed benefits to residents and local governments across cities and counties
40 within metropolitan areas.
41 (15) "Freeway"means a limited-access highway with access points exclusively from interchanges
42 with other streets and highways. Limited access may be provided for rural land uses in rural areas
43 where no other access is available.
44 (16) "Horizon year"means the final year of the twenty-year planning period.
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1 (17) "Influence area of an interchange"means the area 1,320 feet from an interchange ramp terminal
2 measured on the crossroad away from the mainline.
3 (18) "Local streets"means streets that are functionally classified as local streets to serve primarily
4 local access to property and circulation within neighborhoods or specific areas. Local streets do
5 not include streets functionally classified as collector or arterials.
6 (19) "Local Street Standards" include but are not limited to standards for right-of-way,pavement
7 width,travel lanes,parking lanes, curb turning radius,and accessways.
8 (20) "Major"means,in general,those facilities or developments which, considering the size of the
9 urban or rural area and the range of size, capacity or service level of similar facilities or
10 developments in the area, are either larger than average, serve more than neighborhood needs or
11 have significant land use or traffic impacts on more than the immediate neighborhood:
12 (a) "Major" as it modifies transit corridors, stops,transfer stations and new transportation
13 facilities means those facilities which are most important to the functioning of the system
14 or which provide a high level,volume or frequency of service;
15 (b) "Major" as it modifies industrial, institutional and retail development means such
16 developments which are larger than average, serve more than neighborhood needs or
17 which have traffic impacts on more than the immediate neighborhood;
18 (c) Application of the term"major" will vary from area to area depending upon the scale of
19 transportation improvements,transit facilities and development which occur in the area.
20 A facility considered to be major in a smaller or less densely developed area may,
21 because of the relative significance and impact of the facility or development,not be
22 considered a major facility in a larger or more densely developed area with larger or more
23 intense development or facilities.
24 (21) "Major transit stop"means:
25 (a; E it Ong existing and planned transit stations,including light rail stations and other transit
26 transfer stations, except for temporary facilities; other planned stops designated as major
27 transit stops in a transportation system plan and existing stops which:
28 (A) (a)Have or are planned for an above average frequency of scheduled, fixed-route
29 service when compared to region wide service. In urban areas of 1,000,000 or
30 more population major transit stops are generally located along routes that have
31 or are planned for 20 minute 15-minute or better service frequency throughout
32 the day and on weekends duri g tkc peak hour; and
33 (B) (b)Are located in a transit oriented development or within one-quarter mile of an
34 area planned and zoned for:
35 (}) (A)Medium or high density residential development; or
36 O (B)Intensive commercial or institutional uses within one-quarter mile of
37 land uses in paragraph(A)subsection(i); or
38 (iii) (C)Uses likely to generate a relatively high level of transit ridership.
39 (22) "Metropolitan area"means the local governments that are responsible for adopting local or
40 regional transportation system plans within a metropolitan planning organization(MPO)
41 boundary. This includes cities, counties,and,in the Portland Metropolitan area,Metro.
42 (23) "Metropolitan Planning Organization(MPO)"means an organization located within the State of
43 Oregon and designated by the Governor to coordinate transportation planning in an urbanized
44 area of the state including such designations made subsequent to the adoption of this rule. The
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1 Longview-Kelso-Rainier and Walla Walla Valley MPOs are not considered MPOs for the
2 purposes of this division.
3 (24) "Minor transportation improvements" include,but are not limited to, signalization, addition of
4 turn lanes or merge/deceleration lanes on arterial or collector streets,provision of local streets,
5 transportation system management measures,modification of existing interchange facilities
6 within public right of way and design modifications located within an approved corridor. Minor
7 transportation improvements may or may not be listed as planned projects in a TSP where the
8 improvement is otherwise consistent with the TSP.Minor transportation improvements do not
9 include new interchanges;new approach roads within the influence area of an interchange;new
10 intersections on limited access roadways,highwayslor expressways;new collector or arterial
11 streets,road realignments or addition of travel lanes.
12 (25) "ODOT"means the Oregon Department of Transportation.
13 (26) "Parking benefit district"means a designated area where some of the revenues from parking fees
14 or permits for public parking within the designated area are dedicated to public im_rovements in
15 the area.
16 (27) "Parking mandates"means requirements to include a minimum number of off-street parking
17 spaces with development or redevelopment,or a fee-in-lieu of providing parking for residential
18 development.
19 (28) "Parking maximums"means limits on the number of off-street parking spaces that can be
20 included in a development.
21 (29) "Parking spaces"means on and off-street spaces designated for automobile parking in areas
22 planned for industrial, ccvninerek. irnit iorn or u000. Tlw fallowing aro rrat considered
23 parking spaces for tlw riu (a): trek card ride lots,handicapped
24 pari'nrg,and parking spaces for carpools and vanpools.,other than parking spaces reserved for
25 carpools,vanpools, or parking under the Americans with Disabilities Act.
26 (30) "Pedestrian district"means a comprehensive plan designation or implementing land use
27 regulations, such as an overlay zone,that establish requirements to provide a safe and convenient
28 pedestrian environment in an area planned for a mix of uses likely to support a relatively high
29 level of pedestrian activity. Such areas include but are not limited to:
30 (a) Lands planned for a mix of commercial or institutional uses near lands planned for
31 medium to high density housing; or
32 (b) Areas with a concentration of employment and retail activity; and
33 (c) Which have,or could develop. or have planned a network of streets and accessways
34 which provide convenient pedestrian circulation.
35 (31) "Pedestrian connection facility"means a continuous,unobstructed,reasonably direct route
36 between two points that is intended and suitable for pedestrian use. Pedestrian facilities
37 connections include but are not limited to sidewalks,walkways, accessways, stairways and
38 pedestrian bridges. On developed parcels,pedestrian facilities connections are generally hard
39 surfaced. In parks and natural areas,pedestrian facilities connections may be soft-surfaced
40 pathways. On undeveloped parcels and parcels intended for redevelopment,pedestrian facilities
41 connections may also include rights of way or easements for future pedestrian improvements.
42 (32) "Pedestrian plaza"means a small semi-enclosed area usually adjoining a sidewalk or a transit stop
43 which provides a place for pedestrians to sit, stand or rest. They are usually paved with concrete,
44 pavers,bricks or similar material and include seating,pedestrian scale lighting and similar
45 pedestrian improvements.Low walls or planters and landscaping are usually provided to create a
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1 semi-enclosed space and to buffer and separate the plaza from adjoining parking lots and vehicle
2 maneuvering areas. Plazas are generally located at a transit stop,building entrance or an
3 intersection and connect directly to adjacent sidewalks,walkways,transit stops and buildings. A
4 plaza including 150-250 square feet would be considered"small."
5 (33) "Pedestrian scale"means site and building design elements that are dimensionally less than those
6 intended to accommodate automobile traffic, flow and buffering. Examples include ornamental
7 lighting of limited height;bricks,pavers or other modules of paving with small dimensions; a
8 variety of planting and landscaping materials; arcades or awnings that reduce the height of walls;
9 and signage and signpost details that can only be perceived from a short distance.
10 (34) "People with disabilities"means people who have a record or history of physical.mental.
11 intellectual, or sensory impairments which in interaction with various barriers may hinder their
12 full and effective participation in society on an equal basis with others.
13 (35) "Planning period"means the twenty-year period beginning with the date of adoption of a TSP to
14 meet the requirements of this division rule.
15 (36) "Preliminary Design" means an engineering design which specifies in detail the location and
16 alignment of a planned transportation facility or improvement.
17 (37) "Priority transit corridor"means a corridor which has a high existing or planned level of transit
18 service relative to other transit service in the community, including service frequency and span of
19 service. The corridor may be described as a series of stations when served by high-capacity transit
20 services with widely spaced stations.
21 (38) "Reasonably direct"means either a route that does not deviate unnecessarily from a straight line
22 or a route that does not involve a significant amount of out-of-direction travel for likely users.
23 (39) "Refinement Plan" means an amendment to the transportation system plan,which resolves,at a
24 systems level, determinations on function,mode or general location which were deferred during
25 transportation system planning because detailed information needed to make those determinations
26 could not reasonably be obtained during that process.
27 (40) "Regional Transportation Plan" or"RTP"means the long-range transportation plan prepared and
28 adopted by a metropolitan planning organization for a metropolitan area as provided for in federal
29 law.
30 (41) "Roads"means streets,roads, and highways.
31 (42) "Rural community"means areas defined as resort communities and rural communities in
32 accordance with OAR 660-022-0010(6) and(7). For the purposes of this division,the area need
33 only meet the definitions contained in the Unincorporated Communities Rule although the area
34 may not have been designated as an unincorporated community in accordance with OAR 660-
35 022-0020.
36 (43) "Separated or protected bicycle facilities"means bicycle facilities that are physically separated or
37 protected from motor vehicle traffic by barriers that inhibit intrusion into the bicycle facility.
38 Protection may include parked motor vehicles. Separated or protected bicycle facilities may be
39 unidirectional or two-way. Separated or protected bicycle facilities are designed to address
40 conflicting traffic at intersections and other vehicular accesses to the street or highway.
41 (44) "Shared parking"means parking spaces used to meet the parking mandates for two or more uses,
42 structures,or parcels of land,to the extent that the owners or operators show the overall demand
43 for parking spaces can be met by the shared parking.
44 (45) "Transit-Oriented Development(TOD)"means a mix of residential,retail and office uses and a
45 supporting network of roads,bicycle and pedestrian ways focused on a major transit stop
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1 designed to support a high level of transit use. The key features of transit oriented development
2 include:
3 (a) A mixed-use center at the transit stop,oriented principally to transit riders and pedestrian
4 and bicycle travel from the surrounding area;
5 (b) High density of residential development proximate to the transit stop sufficient to support
6 transit operation and neighborhood commercial uses within the TOD;
7 (c) A network of roads, and bicycle and pedestrian paths to support high levels of pedestrian
8 access within the TOD and high levels of transit use.
9 (46) "Transportation Facilities"means any physical facility that moves or assist in the movement of
10 people or goods including facilities identified in OAR 660-012-0020 but excluding electricity,
11 sewage, and water systems.
12 (47) "Transportation System Management Measures" means techniques for increasing the efficiency,
13 safety,capacity, or level of service of a transportation facility without increasing its size.
14 Examples include,but are not limited to,traffic signal improvements,traffic control devices
15 including installing medians and parking removal, channelization,access management,ramp
16 metering, and restriping of high occupancy vehicle (HOV)lanes.
17 (48) "Transportation Needs"means estimates of the movement of people and goods consistent with
18 acknowledged comprehensive plan and the requirements of this rule division.Needs are typically
19 based on projections of future travel demand resulting from a continuation of current trends as
20 modified by policy objectives,including those expressed in Goal 12 and this rule division,and
21 attaining the state's goals for greenhouse gas emissions reduction, especially those for avoiding
22 principal reliance on any one mode of transportation.
23 (49) "Transportation Needs,Local"means needs for movement of people and goods within
24 communities and portions of counties and the need to provide access to local destinations.
25 (50) "Transportation Needs,Regional"means needs for movement of people and goods between and
26 through communities and accessibility to regional destinations within a metropolitan area, county
27 or associated group of counties.
28 (51) "Transportation Needs, State"means needs for movement of people and goods between and
29 through regions of the state and between the state and other states.
30 (52) "Transportation Options Provider"means an entity providing services that work to change travel
31 behavior in order to increase transportation system efficiency.
32 (53) "Transportation Project Development" means implementing the transportation system plan(TSP)
33 by determining the precise location,alignment, and preliminary design of improvements included
34 in the TSP based on site-specific engineering and environmental studies.
35 (54) "Transportation Service" means a service for moving people and goods, such as intercity bus
36 service and passenger rail service.
37 (55) "Transportation System Plan(TSP)"means a plan for one or more transportation facilities that are
38 planned,developed,operated,and maintained in a coordinated manner to supply continuity of
39 movement between modes,and within and between geographic and jurisdictional areas.
40 (56) "Urban Area"means lands within an urban growth boundary,two or more contiguous urban
41 growth boundaries,and urban unincorporated communities as defined by OAR 660-022-0010(9).
42 For the purposes of this division,the area need only meet the definition contained in the
43 Unincorporated Communities Rule although the area may not have been designated as an
44 unincorporated community in accordance with 660-022-0020.
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1 (57) "Unbundled parking"means a requirement that parking spaces for each unit in a development be
2 rented,leased or sold separately from the unit itself. The parking space(s)must be rented,leased.
3 or sold at market rates for comparable local off-street parking. The renter, lessor, or buyer of the
4 unit must be allowed to opt out of renting,leasing, or buying the parking space.
5 (58) "Urban Fringe"means:
6 (a) Areas outside the urban growth boundary that are within five miles of the urban growth
7 boundary of an MPO area; and
8 (b) Areas outside the urban growth boundary within two miles of the urban growth boundary
9 of an urban area containing a population greater than 25,000.
10 (59) "Vehicle Miles Traveled(VMT)"means all light vehicle travel by members of households or
11 university group quarters living within a metropolitan area regardless of where the travel occurs,
12 and local commercial vehicle travel that is a function of household labor or demand regardless of
13 where the travel occurs. Examples include commuting to work,going to school,going shopping,
14 traveling for recreation, delivery vehicles, service vehicles,travel to business meetings, and travel
15 to jobsites."
16 (60) "Walkway"means a hard surfaced area intended and suitable for use by pedestrians, including
17 sidewalks and surfaced portions of accessways.
18 0015:Preparation and Coordination of Transportation System Plans
19 We propose to alter this existing rule. The existing rule gives overarching direction to local governments
20 in how to prepare and coordinate development of local and regional transportation system plans. We
21 propose to delete some parts of this rule pertaining only to metropolitan areas.This rule will apply to
22 local governments outside of metropolitan areas. New rules will direct how local governments in
23 metropolitan areas prepare and coordinate development of local transportation system plans.
24 (1) ODOT shall prepare, adopt,and amend a state TSP in accordance with ORS 184.618,its program
25 for state agency coordination certified under ORS 197.180, and OAR 660-012-0030, 660-012-
26 0035, 660-012-0050, 660-012-0065 and 660-012-0070. The state TSP shall identify a system of
27 transportation facilities and services adequate to meet identified state transportation needs:
28 (a) The state TSP shall include the state transportation policy plan,modal systems plans,and
29 transportation facility plans as set forth in OAR chapter 731, division 15;
30 (b) State transportation project plans shall be compatible with acknowledged comprehensive
31 plans as provided for in OAR chapter 731, division 15. Disagreements between ODOT
32 and affected local governments shall be resolved in the manner established in that
33 division.
34 (2) MPOs and counties Counties shall prepare and amend regional TSPs in compliance with this
35 division. MPOcirkrall iegiorral TM for facilities of region: n'zgftificance within their
36 jurisdiction. Counties shall prepare regional TSPs for all other areas and facilities:
37 (a) Regional TSPs shall establish a system of transportation facilities and services adequate
38 to meet identified regional transportation needs and shall be consistent with adopted
39 elements of the state TSP;
40 (b) Where elements of the state TSP have not been adopted,the MPO or county shall
41 coordinate the preparation of the regional TSP with ODOT to assure that state
42 transportation needs are accommodated;
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1 (c) Rogkal.TFAI p'pred by MPOs otlm,timn nxtropolitan service district - all be
2 adopted by the counties and cities within the jurisdiction of the MPO. Metropolitan
3 service diatri foil adopt a regional.TO for areas within thoir jurisdiction;
4 (d) (c)Regional TSPs prepared by counties shall be adopted by the county.
5 (3) Cities and counties shall prepare, adopt and amend local TSPs for lands within their planning
6 jurisdiction in compliance with this division:
7 (a) Local TSPs shall establish a system of transportation facilities and services adequate to
8 meet identified local transportation needs and shall be consistent with regional TSPs and
9 adopted elements of the state TSP;
10 (b) Where the regional TSP or elements of the state TSP have not been adopted,the city or
11 county shall coordinate the preparation of the local TSP with the regional transportation
12 planning body and ODOT to assure that regional and state transportation needs are
13 accommodated.
14 (4) Cities and counties shall adopt regional and local TSPs required by this division as part of their
15 comprehensive plans. Transportation financing programs required by OAR 660-012-0040 may be
16 adopted as a supporting document to the comprehensive plan.
17 (5) The preparation of TSPs shall be coordinated with affected state and federal agencies,local
18 governments, special districts,and private providers of transportation services.
19 (6) Mass transit,transportation, airport, and port districts shall participate in the development of TSPs
20 for those transportation facilities and services they provide. These districts shall prepare and
21 adopt plans for transportation facilities and services they provide. Such plans shall be consistent
22 with and adequate to carry out relevant portions of applicable regional and local TSPs.
23 Cooperative agreements executed under ORS 195.020(2) shall include the requirement that mass
24 transit,transportation, airport, and port districts adopt a plan consistent with the requirements of
25 this section.
26 (7) Where conflicts are identified between proposed regional TSPs and acknowledged
27 comprehensive plans,representatives of affected local governments shall meet to discuss means
28 to resolve the conflicts. These may include:
29 (a) Changing the draft TSP to eliminate the conflicts; or
30 (b) Amending acknowledged comprehensive plan provision to eliminate the conflicts.
31 (o) For MPO -which am not metro litzn a .ice d r te,,if conflicts persist between
32 regional'T 2vand acknowledged comprehensive Jzarrvafter efforts to achieve
33 eonsWiVlity,an affected local government may petition the Cornrinion to resolve the
34 die.
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1 0016:Coordination with Federally-Required Regional Transportation Plans in Metropolitan Areas
2 Staff proposes to delete this rule.The rule directs local governments to coordinate local transportation
3 planning with regional transportation plans (RTPs) required to be completed by Metropolitan Planning
4 Organizations (MPOs) under federal law. In practice,the coordination process provided in this rule has
5 not worked well.
6 Updated local transportation planning requirements in metropolitan areas will require advanced local
7 actions, including the development of financially-constrained local plans, that will inform federally-
8 required RTPs. In the Portland Metropolitan Area, many of these regional planning requirements will be
9 retained.Additionally, metropolitan areas will be required to undertake regional scenario planning,
10 which is required in the Metropolitan Greenhouse Gas Reduction Rules(OAR Chapter 660, Division 44).
11 (1) k metropolitan areas,local government prepare, adopt, amend and update transportation
12 oys cnq Ants required by this division in coordination with region.-1 tro sportation r'k (RTPs)
13 prepared by MPOs required by federal law. Insofar as possible,regional transportation system
14
15 plies w ith the plic able ro cements of federal law and this division. Not/Ming its th'r rut s
16 intended to nako adoption or amendment of a regional transportation p&z.Is';a metropolitan
17 planning organization a land use decision under Oregon law.
18 (2) When an MPO adopts or amends a regional transportation plran that relates to compliance with
19
20 either:
21 (a) Make a finding that the proposed regional transportation plan amendment or update is.
22 consistent with tiro etrl4cable provisions of adopted regional and load t °t\)rortation
23 systann than and comprehensive ppran and com Jiant with applicable provisions of this
24 division; or
25 (I Adopt amendments to the relevant regional or local transportation systann p4ran that make
26 the regiorkk' tro sportation rs'k mid the c liraao tc.x.tororation sys ern oorkiratent
27 with one another and con*kxitt itk .-wir-2'zJek).0 provisions of ti i &ithlion. Necessary
28 plan amendments or updates shall be prepared and adopted in coordination with the
29 federally required rrrr.urdakl or eanortdrnost. f'aoh earnondrnostcia�rnl bu initiaod no
30 later than 30 days f om the ad ption o f the DTP . ndment pdate and si all b'
31 adopted ro'ater that e e year from the adoption of the RIP amendment or update or
32 according to a wcotc p4ran ;proved by the ccn 'c zss on. A pJran amendment is "initrate "
33 for purposes of tkia w eaotion where the affected local government files a post
34 acknowledgemo plran amendment notice with the departmo. az provided in OAR
35 chapter 660, division 18.
36 (a) kn the Portland Metropolitan area, a & ee with t1Mvzectiorzthail lee ace 1. y
37 Metro through adoption of required findings or an amendment to the regional
38 transportation system prat.
39 (3 Adoption or amendment of a regiorrn tnrsrortatiar toes t-e-eoffirJinroe with this division
40 for purposes of section(2)if it does one or more of the following:
41 (a) Changoa ran.policies;
42 (I Adds or deletes a project from the list of planned transportation facilities, services or
43 improvements or from the f' ly ^ nstrained ect list r red by.f deral aw;
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1 (0) Modifies the general location of c rJ�«x/J3 transportation facility or improvement;
2 (d) Changes the function,. ok fication of a transportation facility; or
3 (e) Changes the 7,-)zarmmg period or adopts or modifies the population or employment forecast
4 or allocation upon which the 0nn ii brood-
5 (11) The following amendments to a regi��i tear -ortation plan do not relate to compliance with this
6 division for purposes of section(2):
7 (a; Adoption of an air quality conformity determination;
8 (b) Changes to a federal revenue projection;
9 (c) Changes to estimated cost of a pk nned tr. T oe tion p'o ect; or
10 (d) Deletion of a project from the list of planned projects where the project baa been
11 constructed or completed.
12 (f) Adoption or amendment of a regiarn trrane ortation plan that extenda dye rin:ning period beyond
13 that specified in the applicable acknowledged comprehensive plan or regional transportation
14 system plan is consistent with the requirements of tr rahr.•here the following conditions are
15 met:
16 (a) The future year population forecast is consistent with theL✓w .wd or adopted under ORS
17 195.033 or 195.036;
18 {b; :, d needed to accommodate fut.")ulthqr.density population and employmme nd other
19 urban uoes is identified i:.c rm rrer consistent with Goa 11 md relevant rules;
20 (a) UrLar.density population and employment are allocated to designated centers and other
21 identified areas to provide for in ovation of the metropolitan area's integrated land
22 use and transportation plan or strategy; and
23 (d) L.kbafl density population and employment or other a titer.uacvare al ocatea to
24 outside of an acknowledged urban growth boundary only where:
25 (A) Me allocation is done in conjunction with consideration by local governments of
26 possible urban growth boundary amendments consistent with Goal. 111 and
27 relevant rules, and
28 (B) The RTP ohuly identifies the proposed UGB amendmentrl any related
29 project -llucrative and subject to further review and approval by the affected
30 local governments.
31 0035:Evaluation and Selection of Transportation System Alternatives
32 We propose to alter this existing rule.The existing rule directs how local governments evaluate and
33 select transportation alternatives.We propose to delete some parts of this rule pertaining only to local
34 governments in metropolitan areas. New rules in OAR 660-012-0165 will direct how local governments
35 in metropolitan areas will evaluate and select transportation alternatives.
36 (1) The TSP shall be based upon evaluation of potential impacts of system alternatives that can
37 reasonably be expected to meet the identified transportation needs in a safe manner and at a
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1 reasonable cost with available technology. The following shall be evaluated as components of
2 system alternatives:
3 (a) Improvements to existing facilities or services;
4 (b) New facilities and services,including different modes or combinations of modes that
5 could reasonably meet identified transportation needs;
6 (c) Transportation system management measures;
7 (d) Demand management measures; and
8 (e) A no-build system alternative required by the National Environmental Policy Act of 1969
9 or other laws.
10 (2) Local governments in MPO areas of larger than 1,000,000 population:c all,u d der
11 governments may also, ''aJ.ua alternative land use designations,densities, and design standards
12 to meet looa regiorrn trmoportation needs. Local governments prc'i Gut c arntogy
13 shall consider:
14 (a) Increasing residential densities and establishing minimum residential densities within one
15 quarter mile of t it?ins,x-xaj or regional o play ntfama , end iO" gkx. 1. t-ai1
16 shopping areas;
17 (J Imvoazing allowed densitiaz,i now-oo ma �a1.office and retail developments in
18 designated oc unite oan�rz;
19 (o) Dcxlgnatirri lance for neighborhood shopping centers within convenient walking and
20 cycling dot,rxa of residontira/.ar„us; and
21 kd) Doignating land usaz p criide-a bettorNSalrance between jobs and housing considering:
22 (A) The4otal number-ef joba and total of number of housing units expected in the
23 area or subarea;
24 fB) The-availability-ef-afferdable4ietisirig4n4he-area-er-sehareand
;
25 EC,-"; Provision of housing opportunities in close proximity to employment areas.
26 (3)(2) The following standards shall be used to evaluate and select alternatives:
27 (a) The transportation system shall support urban and rural development by providing types
28 and levels of transportation facilities and services appropriate to serve the land uses
29 identified in the acknowledged comprehensive plan;
30 (b) The transportation system shall be consistent with state and federal standards for
31 protection of air, land and water quality including the State Implementation Plan under
32 the Federal Clean Air Act and the State Water Quality Management Plan;
33 (c) The transportation system shall minimize adverse economic, social, environmental and
34 energy consequences;
35 (d) The transportation system shall minimize conflicts and facilitate connections between
36 modes of transportation; and
37 (e) The transportation system shall avoid principal reliance on any one mode of
38 transportation by increasing transportation choices to reduce principal reliance on the
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1 automobile. In MPO areas this shall be accomplished by selecting tr nspert tion
2 alternatives which meet the requirements in acction(1)of this rule.
3 (1) In APO a:€x,regional and loyal TEPc-i i be designed to achieve adopted s a dm-do for
4 irs.,ra x irig transportation orrooc •d reducing reliance on the au vita i . Adopted standards arc
5 intended as means of measuring progress of metropolitan areas towards developing and
6 implementing transportation systems and land use plans that increase transportation choices and
7 reduce reliance or.tkca..utomobilo. Itira.�nticipated that metropolitan areas will accomplish
8 reduced relnroo ivy changing land use patterns and transportation systems so that walking,
9 eyairg, and use of transit are highly convenient and so that, ox'ha/mince,people need to and arc
10 likely to drive less than they do today.
11 (. MPO cdopt standards to demonstrate progress towards increasing transportation
12 choices and reducing automobile reliance as provided for in Vnizrulz
13 (a) Theeotehteh don o'Aal a ove standards by order upon demonstration by the
14 metropolikr.er'aa tkrat:
15 (A) Achieving the standard will result in a reduotiar.c rolkmoo on au omoubo;
16 (B) Achieving the standard will acaamih a vgnificant increase in the avaikk 1ity
17 or convenience of alternative modes of transportation;
18 (C) Achieving the standard is likely to rorat ix a significant increase in the share of
19 trips made by alternative modoo,k-roluding walking,bicycling,ridodwmi g and
20 transit;
21 (D) VMT per aa£i. ;iz uxlilnely to increase by moro tl.1an fire percent; and
22 (E) The standard is meracthab - d�orrrorrabz related to achieving the goal of
23 increasing transportation choices and reducing reliance on the automobile as
24 described in OAR 660 012 0000.
25 kk reviewing proposed standards for compliance with subsection(a),the coin
26 shall give credit to regional and loan p' ro, ragr rha, wi d-aetiorzzkreK=nted since
27 1999 tkr&1►rrre already contributed to achieving the objectives specified�:Yragraplis
28 (A) (E) above;
29 (a) If a p.)zar.uaixg a standard,approved p'awvaant-to this plc,is expected to rovaltix an
30 increase in VMT pc aarita,that the cities and countioc-ir tkro nwetropolit:VA1c cha l
31 pr,oproxx-rid adopt an integrated land use and transportation z n ir.cluding the a cnts
32 listed ix paragraphs(A) (E)below. Such a p'ran Thalil'c prepared in coordination with
33 the MPO and All be adopted within three years of the approval of the standard.
34 (A) Changes to land use plan designations, densities,and design standards listed in
35 subsections(2)(a) (d);
36 (B) A transportation demand management Om tkrat.itroludes significant new
37 transportation demand management measures;
38 (C) A public transit ppkan tl-xit2.xcqudova zirgificant expansion ix trarrAh service;
39 (9) Policies to review and manage major roadway improvements to ensure that their
40 effects arc consistent with achieving the adopted strategy for reduced o on
41 the automobile, including policies that provide for the following:
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1 (i) An assessment of whether improvements would result in development or
2 trav i t-mt✓rz ixconsistent with what is expected in the plan;
3 (ii) Consideration of alternative measures to meet transportation needs;
4 (iii) Adoption of measures to limit possible unintended effects on travel and
5 land uoo p ttarrr✓irroluding accooptrymagement, limitations on
6 subsequent p) omendnrranto, rn,ig of improvc.ronto, ctc.; and
7 (iv) For purposes of this sectier a"x a or roadway expansion" includes new
8 arterial roads or streets and highways,the addition of travel lanes, and
9 construction of interchanges to a2ixitcd access highway
10 (F) PI-xt md ordinance provisiorro t.. root all othat'w)lraal-A. equ irronto of this
11 division.
12 (d) standards may include but are not limited to:
13 (A) Modal share of alternative modes, including NNWikirg,bicycling, and transit trips;
14 (B) Vehicle hours of travel per capita;
15 (C Vehicle trips per capita;
16 (D) Measures of accessibility by alternative modes(i.e. walking,bicycling and
17 trwrvt;; ar
18 (F) The Oregon Benchmark for a reduction in peak hour commuting by single
19 occupant vehicles.
20 (e) Metropolitan araaz-tall adopt TSP policies to evaluate progress towards achieving the
21 standard or standards adopted and approved riarcumt to this rule. Such evaluation shall
22 occur at regular intervals corresponding with federally required updates of the regional
23 transportation TA:ri. Tkic,'sall include monitoring and reporting of VMT pm a it.
24 (6) A metropolitan area may also aca-,-x Jet aoRT-2i o, equix-x 1tz of cac on(3)(e),
25 sections (0I) and(5)by demonstrating to the commission that adopted rkunzzand measures are
26 likely to achieve a five percent reduction in VMT per capita over the 20 ya:tr g period.
27 The cmni'nigoon A-.11 consider and act on metropolitan area requato to do tkic�cction by order.
28 A metropolitan area that receivaz -p :•al under this section shall adopt interim bent i ai'kv fer
29 VMT reduction and shall evczuAl magroos-ic ix hi ying VMT reduction at each update of the
30 regioal. nsportation system Than
31 (7) Regional and loaf TFll rn1 i olude benchm xka to assure satisfactory progress towards
32 meeting the approved standard o ztendards adopted err r ita t-to this rulc at regular ixcr;als over
33 the p arx lg period. MPOs and local governments shall evaluate progress in meeting benchmarks
34 at each update of the regional transportation Om. Where benchmarks are not met,the relevant
35 TF1' iyrall be Bonded to include new or additional efforts adequate to meet the rcquirmyonts of
36 this rule.
37 (J The-ec nlvi orz-AaJ at rogukr i tcrvals, evaluate the results of efforts to achieve the reduction
38 in VMT and the effectiveness of approved r2�c—a d standards in achieving the objective of
39 increasing transportation choices and reducing reliance on the automobile.
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1 (4)(3) Where existing and committed transportation facilities and services have adequate capacity to
2 support the land uses in the acknowledged comprehensive plan,the local government shall not be
3 required to evaluate alternatives as provided in this rule.
4 (4-0)(4) Transportation uses or improvements listed in OAR 660-012-0065(3)(d)to(g)and(o)and
5 located in an urban fringe may be included in a TSP only if the improvement project identified in
6 the transportation system plan as described in section(12)(6)of this rule,will not significantly
7 reduce peak hour travel time for the route as determined pursuant to section(11)(5) of this rule,or
8 the jurisdiction determines that the following alternatives cannot reasonably satisfy the purpose of
9 the improvement project:
10 (a) Improvements to transportation facilities and services within the urban growth boundary;
11 (b) Transportation system management measures that do not significantly increase capacity;
12 or
13 (c) Transportation demand management measures. The jurisdiction needs only to consider
14 alternatives that are safe and effective, consistent with applicable standards and that can
15 be implemented at a reasonable cost using available technology.
16 (11)(5) project significantly reduces peak hour travel time when,based on recent data,
17 the time to travel the route is reduced more than 15 percent during weekday peak hour conditions
18 over the length of the route located within the urban fringe.For purposes of measuring travel
19 time,a route shall be identified by the predominant traffic flows in the project area.
20 (12)(6) A"transportation improvement project" described in section(48)(4)of this rule:
21 (a) Is intended to solve all of the reasonably foreseeable transportation problems within a
22 general geographic location,within the planning period; and
23 (b) Has utility as an independent transportation project.
24 0045:Implementation of the Transportation System Plan
25 We propose to alter this existing rule.The existing rule directs how local governments are to implement
26 the local transportation system plan.We propose to delete one section of this rule pertaining only to
27 metropolitan areas. New rules, applicable within metropolitan areas,will replace and update the
28 requirements within this section.
29 (1) Each local government shall amend its land use regulations to implement the TSP.
30 (a) The following transportation facilities, services and improvements need not be subject to
31 land use regulations except as necessary to implement the TSP and,under ordinary
32 circumstances do not have a significant impact on land use:
33 (A) Operation,maintenance,and repair of existing transportation facilities identified
34 in the TSP, such as road,bicycle,pedestrian,port,airport and rail facilities,and
35 major regional pipelines and terminals;
36 (B) Dedication of right-of-way, authorization of construction and the construction of
37 facilities and improvements,where the improvements are consistent with clear
38 and objective dimensional standards;
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1 (C) Uses permitted outright under ORS 215.213(1)(j)—(m)and 215.283(1)(h)—(k),
2 consistent with the provisions of OAR 660-012-0065; and
3 (D) Changes in the frequency of transit,rail and airport services.
4 (b) To the extent,if any,that a transportation facility, service or improvement concerns the
5 application of a comprehensive plan provision or land use regulation,it may be allowed
6 without further land use review if it is permitted outright or if it is subject to standards
7 that do not require interpretation or the exercise of factual,policy or legal judgment;
8 (c) In the event that a transportation facility, service or improvement is determined to have a
9 significant impact on land use or to concern the application of a comprehensive plan or
10 land use regulation and to be subject to standards that require interpretation or the
11 exercise of factual,policy or legal judgment,the local government shall provide a review
12 and approval process that is consistent with OAR 660-012-0050. To facilitate
13 implementation of the TSP,each local government shall amend its land use regulations to
14 provide for consolidated review of land use decisions required to permit a transportation
15 project.
16 (2) Local governments shall adopt land use or subdivision ordinance regulations,consistent with
17 applicable federal and state requirements,to protect transportation facilities, corridors,and sites
18 for their identified functions. Such regulations shall include:
19 (a) Access control measures, for example,driveway and public road spacing,median control
20 and signal spacing standards,which are consistent with the functional classification of
21 roads and consistent with limiting development on rural lands to rural uses and densities;
22 (b) Standards to protect future operation of roads,transitways and major transit corridors;
23 (c) Measures to protect public use airports by controlling land uses within airport noise
24 corridors and imaginary surfaces, and by limiting physical hazards to air navigation;
25 (d) A process for coordinated review of future land use decisions affecting transportation
26 facilities,corridors or sites;
27 (e) A process to apply conditions to development proposals in order to minimize impacts and
28 protect transportation facilities,corridors or sites;
29 (f) Regulations to provide notice to public agencies providing transportation facilities and
30 services,MPOs, and ODOT of:
31 (A) Land use applications that require public hearings;
32 (B) Subdivision and partition applications;
33 (C) Other applications which affect private access to roads; and
34 (D) Other applications within airport noise corridors and imaginary surfaces which
35 affect airport operations; and
36 (g) Regulations assuring that amendments to land use designations, densities, and design
37 standards are consistent with the functions, capacities and performance standards of
38 facilities identified in the TSP.
39 (3) Local governments shall adopt land use or subdivision regulations for urban areas and rural
40 communities as set forth below. The purposes of this section are to provide for safe and
41 convenient pedestrian,bicycle and vehicular circulation consistent with access management
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1 standards and the function of affected streets,to ensure that new development provides on-site
2 streets and accessways that provide reasonably direct routes for pedestrian and bicycle travel in
3 areas where pedestrian and bicycle travel is likely if connections are provided, and which avoids
4 wherever possible levels of automobile traffic which might interfere with or discourage
5 pedestrian or bicycle travel.
6 (a) Bicycle parking facilities as part of new multi-family residential developments of four
7 units or more,new retail,office and institutional developments, and all transit transfer
8 stations and park-and-ride lots;
9 (b) On-site facilities shall be provided which accommodate safe and convenient pedestrian
10 and bicycle access from within new subdivisions,multi-family developments,planned
11 developments, shopping centers, and commercial districts to adjacent residential areas
12 and transit stops, and to neighborhood activity centers within one-half mile of the
13 development. Single-family residential developments shall generally include streets and
14 accessways. Pedestrian circulation through parking lots should generally be provided in
15 the form of accessways.
16 (A) "Neighborhood activity centers" includes,but is not limited to, existing or
17 planned schools,parks, shopping areas,transit stops,or employment centers;
18 (B) Bikeways shall be required along arterials and major collectors. Sidewalks shall
19 be required along arterials,collectors and most local streets in urban areas, except
20 that sidewalks are not required along controlled access roadways, such as
21 freeways;
22 (C) Cul-de-sacs and other dead-end streets may be used as part of a development
23 plan,consistent with the purposes set forth in this section;
24 (D) Local governments shall establish their own standards or criteria for providing
25 streets and accessways consistent with the purposes of this section. Such
26 measures may include but are not limited to: standards for spacing of streets or
27 accessways; and standards for excessive out-of-direction travel;
28 (E) Streets and accessways need not be required where one or more of the following
29 conditions exist:
30 (i) Physical or topographic conditions make a street or accessway
31 connection impracticable. Such conditions include but are not limited to
32 freeways,railroads, steep slopes,wetlands or other bodies of water
33 where a connection could not reasonably be provided;
34 (ii) Buildings or other existing development on adjacent lands physically
35 preclude a connection now or in the future considering the potential for
36 redevelopment; or
37 (iii) Where streets or accessways would violate provisions of leases,
38 easements, covenants,restrictions or other agreements existing as of May
39 1, 1995,which preclude a required street or accessway connection.
40 (c) Where off-site road improvements are otherwise required as a condition of development
41 approval,they shall include facilities accommodating convenient pedestrian and bicycle
42 travel,including bicycle ways along arterials and major collectors;
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1 (d) For purposes of subsection(b) "safe and convenient"means bicycle and pedestrian
2 routes,facilities and improvements which:
3 (A) Are reasonably free from hazards,particularly types or levels of automobile
4 traffic which would interfere with or discourage pedestrian or cycle travel for
5 short trips;
6 (B) Provide an accessible and a-reasonably direct route of travel between destinations
7 such as between a transit stop and a store; and
8 (C) Meet travel needs of cyclists and pedestrians considering destination and length
9 of trip; and considering that the optimum most common trip length of pedestrians
10 is generally 1/1 to under one-half 1/2 mile.
11 (e) Internal pedestrian circulation within new office parks and commercial developments
12 shall be provided through clustering of buildings, construction of accessways,walkways
13 and similar techniques.
14 (4) To support transit in urban areas containing a population greater than 25,000,where the area is
15 already served by a public transit system or where a determination has been made that a public
16 transit system is feasible, local governments shall adopt land use and subdivision regulations as
17 provided in subsections(a)—(g)below:
18 (a) Transit routes and transit facilities shall be designed to support transit use through
19 provision of bus stops,pullouts and shelters, optimum road geometrics, on-road parking
20 restrictions and similar facilities, as appropriate;
21 (b) New retail,office,and institutional buildings at or near major transit stops shall provide
22 for convenient pedestrian access to transit through the measures listed in paragraphs(A)
23 and(B)below.
24 (A) Accessible Walkways shall be provided connecting building entrances and streets
25 adjoining the site;
26 (B) Accessible pPedestrian oonrrations facilities connecting to adjoining properties
27 shall be provided except where such a connection is impracticable as provided
28 for in OAR 660 012 0015 paragraph(3)(b)(E). Pedestrian connections facilities
29 shall connect the on_site circulation system to existing or proposed streets,
30 walkways, and driveways that abut the property.Where adjacent properties are
31 undeveloped or have potential for redevelopment, streets, accessways and
32 walkways on site shall be laid out or stubbed to allow for extension to the
33 adjoining property;
34 (C) In addition to paragraphs(A) and(B)above, on sites at major transit stops
35 provide the following:
36 (i) Either locate buildings within 20 feet of the transit stop, a transit street or
37 an intersecting street or provide a pedestrian plaza at the transit stop or a
38 street intersection;
39 (ii) An accessible and reasonably direct pedestrian connection facility
40 between the transit stop and building entrances on the site;
41 (iii) A transit passenger landing pad accessible to domed p:vrro rG people
42 with disabilities:
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1 (iv) An easement or dedication for a passenger shelter if requested by the
2 transit provider; and
3 (v) Lighting at the transit stop.
4 (c) Local governments may implement paragraphs(4)(b)(A) and(B)above through the
5 designation of pedestrian districts and adoption of appropriate implementing measures
6 regulating development within pedestrian districts. Pedestrian districts must comply with
7 the requirement of paragraph(4)(b)(C) above;
8 (d) Designated employee parking areas in new developments shall provide preferential
9 parking for carpools and vanpools;
10 (e) Existing development shall be allowed to redevelop a portion of existing parking areas
11 for transit-oriented uses,including bus stops and pullouts,bus shelters,park and ride
12 stations,transit-oriented developments,and similar facilities,where appropriate;
13 (0 Road systems for new development shall be provided that can be adequately served by
14 transit,including provision of pedestrian access to existing and identified future transit
15 routes. This shall include,where appropriate, separate accessways to minimize travel
16 distances;
17 (g) Along existing or planned transit routes, designation of types and densities of land uses
18 adequate to support transit.
19 (5; k Mnn o local g o entG shall adopt lard, o na stt d;vi oe ro „latiors to reduce
20 reliance e the automobile which:
21 (a; Allow transit oriented developments (TODs) on lands along transit routes;
22 k 1 ements a demand management program to meet the ma ,eai e standards set in the
23 TSP in response to OAR 660 012 0035(1I);
24 (a) k cments-parking plan which:
25 (A) Achieves a 10 percent reduction i.t ra number of parkinfpracDTc a:tpiM ire tlw
26 MPO area OW!tko p,:nning period. Thin :ry be accomplished through a
27 eorniimtion of restrictions on development of new parking spaces and
28 requirements that ar.'iltirg pa king spaces be redeveloped to other uses;
29 (B) Aids in achieving the measurable ct‘..vidwds set in the TCP in response to OAR
30 660 012 0035(1);
31 Includes land use and subdivision regulatiorc✓i -rrg rni-/rnu d n.r/ileum
32 paii4tirig requirements in appropriate locations, such as downtowns,designated
33 regional or cummurrty centers, and transit oriented developments; and
34 (D) Is consistent with demand rna g ment progracz, Visit oriented development
35 requirements and planned tacnt service.
36 (d) Avxt al&vrrtive to (c) above, local governmonteA i c MPO may instead revise
37 ordinance requirements fa-pa 'ring as follows:
38 {<4) P_odeco inkizthum off street parking requirements for all rar residential uses
39 from 1990 levels;
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1 (B) Allow for street park„ g l ng term lew parking, and shared
2 parking to ineotikx:mxinx off street parking requirements;
3 (C4 FAk..i off street parking mcrrimmtrin c , ka locatiorrj, cook
4 downtowns,designated regional or community centers, and transit oriented
5 developments;
6 (9) Ffrrmpt structured parking and on strro aking-fram riling wrzrinxur ',
7 (E) Require that paying lots over 3 acres in size provide street like features along
8 major driveways(including cram �3ewalks, and street trees o pJr. erg strips);
9 and
10 (F) ?lovide for designation of residortiraZZ parking districts.
11 (c Require-all major industrial,institutional,retail and office developments to provide either
12 a transit stop on site or connection to c tK.rait op along a t1!a it trunk route when the
13 transit operator requiroc-xioh uy.improvement.
14 (6)(5) In developing a bicycle and pedestrian circulation plan as required by OAR 660-012-0020(2)(d),
15 local governments shall identify improvements to facilitate bicycle and pedestrian trips to meet
16 local travel needs in developed areas. Appropriate improvements should provide for more direct,
17 convenient. accessible. and safer bicycle or pedestrian travel within and between residential areas
18 and neighborhood activity centers(i.e., schools, shopping,transit stops). Specific measures
19 include,for example,constructing walkways between cul-de-sacs and adjacent roads,providing
20 walkways between buildings, and providing direct access between adjacent uses.
21 (7)(6) Local governments shall establish standards for local streets and accessways that minimize
22 pavement width and total right-of-way consistent with the operational needs of the facility. The
23 intent of this requirement is that local governments consider and reduce excessive standards for
24 local streets and accessways in order to reduce the cost of construction,provide for more efficient
25 use of urban land,provide for emergency vehicle access while discouraging inappropriate traffic
26 volumes and speeds, and which accommodate convenient pedestrian and bicycle circulation.
27 Notwithstanding section(1)or(3)of this rule,local street standards adopted to meet this
28 requirement need not be adopted as land use regulations.
29 0060:Plan and Land Use Regulation Amendments
30 This rule guides cities and counties when they change the acknowledged comprehensive plan after
31 adoption of a transportation system plan.The rule provides for consideration of transportation system
32 needs in response to the proposed changes.
33 Substantive changes to this rule are outside of the scope of the Climate-Friendly and Equitable
34 Communities Rulemaking.
35 This rule will continue to apply statewide, both inside and outside metropolitan areas. We are proposing
36 some minor changes to reflect changes in how performance standards work within metropolitan areas.
37 (1) If an amendment to a functional plan,an acknowledged comprehensive plan, or a land use
38 regulation(including a zoning map)would significantly affect an existing or planned
39 transportation facility,then the local government must put in place measures as provided in
40 section(2)of this rule,unless the amendment is allowed under section(3), (9)or(10) of this rule.
41 A plan or land use regulation amendment significantly affects a transportation facility if it would:
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1 (a) Change the functional classification of an existing or planned transportation facility
2 (exclusive of correction of map errors in an adopted plan);
3 (b) Change standards implementing a functional classification system; or
4 (c) Result in any of the effects listed in paragraphs(A)through(C)of this subsection.If a
5 local government is evaluating a performance standard based on projected levels of motor
6 vehicle traffic,then the results must be based on projected conditions measured at the end
7 of the planning period identified in the adopted TSP. As part of evaluating projected
8 conditions,the amount of traffic projected to be generated within the area of the
9 amendment may be reduced if the amendment includes an enforceable, ongoing
10 requirement that would demonstrably limit traffic generation,including,but not limited
11 to,transportation demand management. This reduction may diminish or completely
12 eliminate the significant effect of the amendment.
13 (A) Types or levels of travel or access that are inconsistent with the functional
14 classification of an existing or planned transportation facility;
15 (B) Degrade the performance of an existing or planned transportation facility such
16 that it would not meet the performance standards identified in the TSP or
17 comprehensive plan; or
18 (C) Degrade the performance of an existing or planned transportation facility that is
19 otherwise projected to not meet the performance standards identified in the TSP
20 or comprehensive plan.
21 (2) If a local government determines that there would be a significant effect,then the local
22 government must ensure that allowed land uses are consistent with the identified function,
23 capacity, and performance standards of the facility measured or projected at the end of the
24 planning period identified in the adopted TSP through one or a combination of the remedies listed
25 in subsections(a)through(e)below,unless the amendment meets the balancing test in subsection
26 (2)(e)of tki yioot4en or qualifies for partial mitigation in section(11) of this rule.A local
27 government using subsection(2)(e), section(3), section(10)or section(11)to approve an
28 amendment recognizes that additional motor vehicle traffic congestion may result and that other
29 facility providers would not be expected to provide additional capacity for motor vehicles in
30 response to this congestion.
31 (a) Adopting measures that demonstrate allowed land uses are consistent with the planned
32 function, capacity, and performance standards of the transportation facility.
33 (b) Amending the TSP or comprehensive plan to provide transportation facilities,
34 improvements or services adequate to support the proposed land uses consistent with the
35 requirements of this division. Such amendments shall include a funding plan or
36 mechanism consistent with section(4)or include an amendment to the transportation
37 finance plan so that the facility, improvement,or service will be provided by the end of
38 the planning period.
39 (c) Amending the TSP to modify the planned function, as iit-, performance standards of
40 the transportation facility.
41 (d) Providing other measures as a condition of development or through a development
42 agreement or similar funding method,including,but not limited to,transportation system
43 management measures or minor transportation improvements. Local governments shall,
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1 as part of the amendment, specify when measures or improvements provided pursuant to
2 this subsection will be provided.
3 (e) Providing improvements that would benefit modes other than the significantly affected
4 mode,improvements to facilities other than the significantly affected facility, or
5 improvements at other locations, if:
6 (A) The provider of the significantly affected facility provides a written statement
7 that the system-wide benefits are sufficient to balance the significant effect,even
8 though the improvements would not result in consistency for all performance
9 standards;
10 (B) The providers of facilities being improved at other locations provide written
11 statements of approval; and
12 (C) The local jurisdictions where facilities are being improved provide written
13 statements of approval.
14 (3) Notwithstanding sections (1)and(2) of this rule,a local government may approve an amendment
15 that would significantly affect an existing transportation facility without assuring that the allowed
16 land uses are consistent with the function, capacity and performance standards of the facility
17 where:
18 (a) In the absence of the amendment,planned transportation facilities,improvements and
19 services as set forth in section(4)of this rule would not be adequate to achieve
20 consistency with the identified function, ol;lity or performance standard for that facility
21 by the end of the planning period identified in the adopted TSP;
22 (b) Development resulting from the amendment will, at a minimum,mitigate the impacts of
23 the amendment in a manner that avoids further degradation to the performance of the
24 facility by the time of the development through one or a combination of transportation
25 improvements or measures;
26 (c) The amendment does not involve property located in an interchange area as defined in
27 paragraph(4)(d)(C); and
28 (d) For affected state highways,ODOT provides a written statement that the proposed
29 funding and timing for the identified mitigation improvements or measures are,at a
30 minimum, sufficient to avoid further degradation to the performance of the affected state
31 highway. However, if a local government provides the appropriate ODOT regional office
32 with written notice of a proposed amendment in a manner that provides ODOT
33 reasonable opportunity to submit a written statement into the record of the local
34 government proceeding,and ODOT does not provide a written statement,then the local
35 government may proceed with applying subsections (a)through(c)of this section.
36 (4) Determinations under sections (1)—(3) of this rule shall be coordinated with affected
37 transportation facility and service providers and other affected local governments.
38 (a) In determining whether an amendment has a significant effect on an existing or planned
39 transportation facility under subsection(1)(c) of this rule,local governments shall rely on
40 existing transportation facilities and services and on the planned transportation facilities,
41 improvements and services set forth in subsections(b)and(c)below.
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1 (b) Outside of interstate interchange areas,the following are considered planned facilities,
2 improvements and services:
3 (A) Transportation facilities, improvements or services that are funded for
4 construction or implementation in the Statewide Transportation Improvement
5 Program or a locally or regionally adopted transportation improvement program
6 or capital improvement plan or program of a transportation service provider.
7 (B) Transportation facilities,improvements or services that are authorized in a local
8 transportation system plan and for which a funding plan or mechanism is in place
9 or approved. These include,but are not limited to,transportation facilities,
10 improvements or services for which: transportation systems development charge
11 revenues are being collected; a local improvement district or reimbursement
12 district has been established or will be established prior to development; a
13 development agreement has been adopted; or conditions of approval to fund the
14 improvement have been adopted.
15 (C) Transportation facilities,improvements or services in a metropolitan planning
16 organization(MPO)area that are part of the area's federally-approved, financially
17 constrained regional transportation system plan.
18 (D) Improvements to state highways that are included as planned improvements in a
19 regional or local transportation system plan or comprehensive plan when ODOT
20 provides a written statement that the improvements are reasonably likely to be
21 provided by the end of the planning period.
22 (E) Improvements to regional and local roads, streets or other transportation facilities
23 or services that are included as planned improvements in a regional or local
24 transportation system plan or comprehensive plan when the local government(s)
25 or transportation service provider(s)responsible for the facility,improvement or
26 service provides a written statement that the facility,improvement or service is
27 reasonably likely to be provided by the end of the planning period.
28 (c) Within interstate interchange areas,the improvements included in paragraphs(b)(A)—(C)
29 are considered planned facilities, improvements.,and services, except where:
30 (A) ODOT provides a written statement that the proposed funding and timing of
31 mitigation measures are sufficient to avoid a significant adverse impact on the
32 Interstate Highway system,then local governments may also rely on the
33 improvements identified in paragraphs(b)(D) and(E) of this section; or
34 (B) There is an adopted interchange area management plan,then local governments
35 may also rely on the improvements identified in that plan and which are also
36 identified in paragraphs(b)(D)and(E)of this section.
37 (d) As used in this section and section(3):
38 (A) Planned interchange means new interchanges and relocation of existing
39 interchanges that are authorized in an adopted transportation system plan or
40 comprehensive plan;
41 (B) Interstate highway means Interstates 5, 82, 84, 105, 205 and 405; and
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1 (C) Interstate interchange area means:
2 (i) Property within one-quarter mile of the ramp terminal intersection of an
3 existing or planned interchange on an Interstate Highway; or
4 (ii) The interchange area as defined in the Interchange Area Management
5 Plan adopted as an amendment to the Oregon Highway Plan.
6 (e) For purposes of this section, a written statement provided pursuant to paragraphs (b)(D),
7 (b)(E) or(c)(A)provided by ODOT, a local government or transportation facility
8 provider, as appropriate, shall be conclusive in determining whether a transportation
9 facility,improvement,or service is a planned transportation facility,improvement or
10 service. In the absence of a written statement,a local government can only rely upon
11 planned transportation facilities,improvements,and services identified in paragraphs
12 (b)(A)-(C)to determine whether there is a significant effect that requires application of
13 the remedies in section(2).
14 (5) The presence of a transportation facility or improvement shall not be a basis for an exception to
15 allow residential, commercial, institutional,or industrial development on rural lands under this
16 division or OAR 660-004-0022 and 660-004-0028.
17 (6) In If a local government is determining whether proposed land uses would affect or be consistent
18 with planned transportation facilities as provided in sections (1) and(2)—using a performance
19 standard based on nroiected levels of motor vehicle traffic,then the local governments shall give
20 full credit for potential reduction in vehicle trips for uses located in mixed-use,pedestrian-
21 friendly centers,and neighborhoods as provided in subsections(a)—(d)below;
22 (a) Absent adopted local standards or detailed information about the vehicle trip reduction
23 benefits of mixed-use,pedestrian-friendly development, local governments shall assume
24 that uses located within a mixed-use,pedestrian-friendly center,or neighborhood,will
25 generate 10 percent fewer daily and peak hour trips than are specified in available
26 published estimates, such as those provided by the Institute of Transportation Engineers
27 (ITE)Trip Generation Manual that do not specifically account for the effects of mixed-
28 use,pedestrian-friendly development. The 10 percent reduction allowed for by this
29 subsection shall be available only if uses which rely solely on auto trips, such as gas
30 stations,car washes, storage facilities,and motels are prohibited;
31 (b) Local governments shall use detailed or local information about the trip reduction
32 benefits of mixed-use,pedestrian-friendly development where such information is
33 available and presented to the local government. Local governments may,based on such
34 information, allow reductions greater than the 10 percent reduction required in subsection
35 (a)above;
36 (c) Where a local government assumes or estimates lower vehicle trip generation as provided
37 in subsection(a) or(b)above,it shall assure through conditions of approval, site plans,or
38 approval standards that subsequent development approvals support the development of a
39 mixed-use,pedestrian-friendly center or neighborhood and provide for on-site bike and
40 pedestrian connectivity and access to transit as provided for in OAR 660-012-0045(3)
41 and(4). The provision of on-site bike and pedestrian connectivity and access to transit
42 may be accomplished through application of acknowledged ordinance provisions which
43 comply with 660-012-0045(3) and(4)or through conditions of approval or findings
44 adopted with the plan amendment that assure compliance with these rule requirements at
45 the time of development approval; and
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1 (d) The purpose of this section is to provide an incentive for the designation and
2 implementation of pedestrian-friendly,mixed-use centers and neighborhoods by lowering
3 the regulatory barriers to plan amendments which accomplish this type of development.
4 The actual trip reduction benefits of mixed-use,pedestrian-friendly development will
5 vary from case to case and may be somewhat higher or lower than presumed pursuant to
6 subsection(a) above. The Commission concludes that this assumption is warranted given
7 general information about the expected effects of mixed-use,pedestrian-friendly
8 development and its intent to encourage changes to plans and development patterns.
9 Nothing in this section is intended to affect the application of provisions in local plans or
10 ordinances which provide for the calculation or assessment of systems development
11 charges or in preparing conformity determinations required under the federal Clean Air
12 Act.
13 (7) Amendments to acknowledged comprehensive plans and land use regulations which meet all of
14 the criteria listed in subsections(a)—(c)below shall include an amendment to the comprehensive
15 plan,transportation system plan,the adoption of a local street plan, access management plan,
16 future street plan, or other binding local transportation plan to provide for on-site alignment of
17 streets or accessways with existing and planned arterial, collector, and local streets surrounding
18 the site as necessary to implement the requirements in OAR 660-012-0020(2)(b)and 660-012-
19 0045(3):
20 (a) The plan or land use regulation amendment results in designation of two or more acres of
21 land for commercial use;
22 (b) The local government has not adopted a TSP or local street plan which complies with
23 OAR 660-012-0020(2)(b)or, in the Portland Metropolitan Area,has not complied with
24 Metro's requirement for street connectivity as contained in Title 1, Section 3.08.110 of
25 the Regional Transportation Functional Plan Title 6, Section 3 of t w LL4ian Growth
26 Managema^it Fu g Pk i; and
27 (c) The proposed amendment would significantly affect a transportation facility as provided
28 in section(1).
29 (8) A"mixed-use,pedestrian-friendly center or neighborhood" for the purposes of this rule,means:
30 (a) Any one of the following:
31 (A) An existing central business district or downtown;
32 (B) An area designated as a central city,regional center,town center or main street in
33 the Portland Metro 2040 Regional Growth Concept;
34 (C) An area designated in an acknowledged comprehensive plan as a transit oriented
35 development or a pedestrian district; or
36 (D) An area designated as a special transportation area as provided for in the Oregon
37 Highway Plan.
38 (b) An area other than those listed in subsection(a)above which includes or is planned to
39 include the following characteristics:
40 (A) A concentration of a variety of land uses in a well-defined area, including the
41 following:
42 (i) Medium to high density residential development(12 or more units per
43 acre);
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1 (ii) Offices or office buildings;
2 (iii) Retail stores and services;
3 (iv) Restaurants; and
4 (v) Public open space or private open space which is available for public
5 use, such as a park or plaza.
6 (B) Generally include civic or cultural uses;
7 (C) A core commercial area where multi-story buildings are permitted;
8 (D) Buildings and building entrances oriented to streets;
9 (E) Street connections and crossings that make the center safe and conveniently
10 accessible from adjacent areas;
11 (F) A network of streets and,where appropriate, accessways and major driveways
12 that make it attractive and highly convenient for people to walk between uses
13 within the center or neighborhood, including streets and major driveways within
14 the center with wide sidewalks and other features, including pedestrian-oriented
15 street crossings, street trees,pedestrian-scale lighting and on-street parking;
16 (G) One or more transit stops(in urban areas with fixed route transit service); and
17 (H) Limit or do not allow low-intensity or land extensive uses, such as most
18 industrial uses, automobile sales and services, and drive-through services.
19 (9) Notwithstanding section(1)of this rule, a local government may find that an amendment to a
20 zoning map does not significantly affect an existing or planned transportation facility if all of the
21 following requirements are met.
22 (a) The proposed zoning is consistent with the existing comprehensive plan map designation
23 and the amendment does not change the comprehensive plan map;
24 (b) The local government has an acknowledged TSP and the proposed zoning is consistent
25 with the TSP; and
26 (c) The area subject to the zoning map amendment was not exempted from this rule at the
27 time of an urban growth boundary amendment as permitted in OAR 660-024-0020(1)(d),
28 or the area was exempted from this rule but the local government has a subsequently
29 acknowledged TSP amendment that accounted for urbanization of the area.
30 (10) Notwithstanding sections (1)and(2) of this rule, a local government may amend a functional
31 plan, a comprehensive plan, or a land use regulation without applying performance standards
32 related to motor vehicle traffic congestion(e.g. volume to capacity ratio or V/C), delay or travel
33 time if the amendment meets the requirements of subsection(a) of this section. This section does
34 not exempt a proposed amendment from other transportation performance standards or policies
35 that may apply including,but not limited to, safety for all modes,network connectivity for all
36 modes (e.g. sidewalks,bicycle lanes)and accessibility for freight vehicles of a size and frequency
37 required by the development.
38 (a) A proposed amendment qualifies for this section if it:
39 (A) Is a map or text amendment affecting only land entirely within a multimodal
40 mixed-use area(MMA); and
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1 (B) Is consistent with the definition of an MMA and consistent with the function of
2 the MMA as described in the findings designating the MMA.
3 (b) For the purpose of this rule,"multimodal mixed-use area"or"MMA"means an area:
4 (A) With a boundary adopted by a local government as provided in subsection(d)or
5 (e) of this section and that has been acknowledged;
6 (B) Entirely within an urban growth boundary;
7 (C) With adopted plans and development regulations that allow the uses listed in
8 paragraphs(8)(b)(A)through(C) of this rule and that require new development
9 to be consistent with the characteristics listed in paragraphs(8)(b)(D)through
10 (H)of this rule;
11 (D) With land use regulations that do not require the provision of off-street parking,
12 or regulations that require lower levels of off-street parking than required in other
13 areas and allow flexibility to meet the parking requirements(e.g. count on-street
14 parking, allow long-term leases, allow shared parking); and
15 (E) Located in one or more of the categories below:
16 (i) At least one-quarter mile from any ramp terminal intersection of existing
17 or planned interchanges;
18 (ii) Within the area of an adopted Interchange Area Management Plan
19 (IAMP) and consistent with the IAMP; or
20 (iii) Within one-quarter mile of a ramp terminal intersection of an existing or
21 planned interchange if the mainline facility provider has provided written
22 concurrence with the MMA designation as provided in subsection(c)of
23 this section.
24 (c) When a mainline facility provider reviews an MMA designation as provided in
25 subparagraph(b)(E)(iii) of this section,the provider must consider the factors listed in
26 paragraph(A)of this subsection.
27 (A) The potential for operational or safety effects to the interchange area and the
28 mainline highway, specifically considering:
29 (i) Whether the interchange area has a crash rate that is higher than the
30 statewide crash rate for similar facilities;
31 (ii) Whether the interchange area is in the top ten percent of locations
32 identified by the safety priority index system(SPIS) developed by
33 ODOT; and
34 (iii) Whether existing or potential future traffic queues on the interchange exit
35 ramps extend onto the mainline highway or the portion of the ramp
36 needed to safely accommodate deceleration.
37 (B) If there are operational or safety effects as described in paragraph(A)of this
38 subsection,the effects may be addressed by an agreement between the local
39 government and the facility provider regarding traffic management plans
40 favoring traffic movements away from the interchange,particularly those
41 facilitating clearing traffic queues on the interchange exit ramps.
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1 (d) A local government may designate an MMA by adopting an amendment to the
2 comprehensive plan or land use regulations to delineate the boundary following an
3 existing zone,multiple existing zones,an urban renewal area,other existing boundary, or
4 establishing a new boundary. The designation must be accompanied by findings showing
5 how the area meets the definition of an MMA. Designation of an MMA is not subject to
6 the requirements in sections (1)and(2)of this rule.
7 (e) A local government may designate an MMA on an area where comprehensive plan map
8 designations or land use regulations do not meet the definition, if all of the other elements
9 meet the definition,by concurrently adopting comprehensive plan or land use regulation
10 amendments necessary to meet the definition. Such amendments are not subject to
11 performance standards related to motor vehicle traffic congestion, delay or travel time.
12 (11) A local government may approve an amendment with partial mitigation as provided in section(2)
13 of this rule if the amendment complies with subsection(a) of this section,the amendment meets
14 the balancing test in subsection(b)of this section,and the local government coordinates as
15 provided in subsection(c)of this section.
16 (a) The amendment must meet paragraphs(A) and(B)of this subsection or meet paragraph
17 (D) of this subsection.
18 (A) Create direct benefits in terms of industrial or traded-sector jobs created or
19 retained by limiting uses to industrial or traded-sector industries.
20 (B) Not allow retail uses, except limited retail incidental to industrial or traded sector
21 development,not to exceed five percent of the net developable area.
22 (C) For the purpose of this section:
23 (i) "Industrial"means employment activities generating income from the
24 production,handling or distribution of goods including,but not limited
25 to,manufacturing,assembly, fabrication,processing, storage,logistics,
26 warehousing,importation,distribution and transshipment and research
27 and development.
28 (ii) "Traded-sector"means industries in which member firms sell their goods
29 or services into markets for which national or international competition
30 exists.
31 (D) Notwithstanding paragraphs(A)and(B) of this subsection an aendmcnt
32 eomp)/>c—w.ith subsection(a)if all of the following conditions are met:
33 (i) Me amendment is within a city with a population less than 10,000 and
34 outside of a Metropcitm Pkana lsg Organization.
35 (ii) The mircndment would provide land for"Other Employment Use"or
36 "Prime Inducts L aad"as those-&-r v defined in OAR 660 009
37 0005.
38 (iii) Me amendment is located outside of the Willamette Valley as defined in
39 ORS 215.010.
40 (E) Me provisions of paragraph(D) of this subsection are repealed on January-17
41 2017.
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1 (b) A local government may accept partial mitigation only if the local government
2 determines that the benefits outweigh the negative effects on local transportation facilities
3 and the local government receives from the provider of any transportation facility that
4 would be significantly affected written concurrence that the benefits outweigh the
5 negative effects on their transportation facilities. If the amendment significantly affects a
6 state highway,then ODOT must coordinate with the Oregon Business Development
7 Department regarding the economic and job creation benefits of the proposed amendment
8 as defined in subsection(a)of this section. The requirement to obtain concurrence from a
9 provider is satisfied if the local government provides notice as required by subsection(c)
10 of this section and the provider does not respond in writing(either concurring or non-
11 concurring)within 45 days.
12 (c) A local government that proposes to use this section must coordinate with Oregon
13 Business Development Department,Department of Land Conservation and Development,
14 area commission on transportation,metropolitan planning organization, and
15 transportation providers and local governments directly impacted by the proposal to
16 allow opportunities for comments on whether the proposed amendment meets the
17 definition of economic development,how it would affect transportation facilities and the
18 adequacy of proposed mitigation. Informal consultation is encouraged throughout the
19 process starting with pre-application meetings. Coordination has the meaning given in
20 ORS 197.015 and Goal 2 and must include notice at least 45 days before the first
21 evidentiary hearing.Notice must include the following:
22 (A) Proposed amendment.
23 (B) Proposed mitigating actions from section(2) of this rule.
24 (C) Analysis and projections of the extent to which the proposed amendment in
25 combination with proposed mitigating actions would fall short of being
26 consistent with the function, oals�x itq performance standards of
27 transportation facilities.
28 (D) Findings showing how the proposed amendment meets the requirements of
29 subsection(a)of this section.
30 (E) Findings showing that the benefits of the proposed amendment outweigh the
31 negative effects on transportation facilities.
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1 New Rules 0011-0012: Applicability and Effective Dates
2 These rules are intended to help implement the new rules numbered 0100 and above, which will only
3 apply to urban areas inside metropolitan areas.The existing rules will continue to apply to areas outside
4 of urban areas in metropolitan areas.These rules help make it clear what rules apply to which
5 jurisdictions, and when those rules apply.
6 0011:Applicable Rules
7 This rule provides for local governments in metropolitan areas to use the new rules in OAR 660-012-
8 0100 and above. Local governments in other parts of the state will continue to use the existing rules,
9 although cities outside metropolitan areas may opt into using the updated rules if they wish.
10 (1) OAR 660-012-0000, OAR 660-012-0005, OAR 660-012-0010, OAR 660-12-0011, OAR 660-12-
11 0050, OAR 660-012-0060, OAR 660-012-0065, and OAR 660-012-0070 apply statewide,where
12 this division is applicable.
13 (2) OAR 660-012-0012 and OAR 660-012-0100 through OAR 660-012-0920 apply to the following
14 local governments:
15 (a) Cities within metropolitan areas;
16 (b) Portions of counties within urban growth boundaries of cities in metropolitan areas; and
17 (c) Metro and cities and portions of counties within the Metro urban growth boundary.
18 (3) OAR 660-012-0010 through OAR 660-012-0045 and OAR 660-012-0055 apply to all local
19 governments other than those listed in section(2)of this rule, where this division is applicable.
20 (4) Cities or counties that otherwise would be required to use rules as provided in section(3) of this
21 rule, may choose to instead adopt a transportation system plan meeting the rules that apply to
22 jurisdictions as provided in section(2) of this rule. Upon acknowledgement of such a
23 transportation system plan,the city shall continue to be subject to these rules in all respects.
24 (5) All cities are either subject to the rules in section(2) or section(3) of this rule,but not both.
25 (6) Counties may have different applicable rules in different parts of the county.
26 0012A:Effective Dates and Transition Period[More Urgent Option]
27 This rule lists the effective dates of some provisions of the Transportation Planning Rules. Most
28 provisions will take effect shortly after the commission adopts the rule amendments, but the
29 implementation of some provisions will be phased in over time.
30 (1) The rules in this division adopted on May 19,2022, and amendments to rules in this division
31 adopted on that date, are effective June 30, 2022, except as provided in this rule.
32 (2) A city or county subject to the requirements as provided in OAR 660-012-0100 may make
33 interim updates to the local transportation system plan using requirements as provided in OAR
34 660-012-0015 if the city or county:
35 (a) Has submitted notice of the proposed change to the comprehensive plan to the
36 department as provided in OAR 660-018-0020 no later than December 31, 2022; or
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1 (b) The interim update is not a major transportation system plan update as provided in OAR
2 660-012-0105, and the city or county has submitted notice of the proposed change to the
3 comprehensive plan to the department as provided in OAR 660-018-0020 no later than
4 June 30,2027. Interim updates must comply with applicable requirements in this division
5 within the scope of the transportation system plan amendment but need not bring the
6 entire transportation system plan in compliance with all applicable regulations.
7 (3) Cities, counties, or Metro may choose to propose alternative dates in lieu of the effective dates or
8 deadlines in section(4)of this rule.
9 (a) A submitted proposal for alternative dates shall include:
10 (A) A description of any work already underway to begin complying with the new
11 requirements of this division;
12 (B) Proposed dates for accomplishing requirements in lieu of effective dates or
13 deadlines provided in this rule; and
14 (C) A schedule for updating local transportation system plans to comply with new
15 requirements of this division.
16 (b) Proposed alternative dates must demonstrate consistent progress toward meeting the
17 updated requirements of this division,with at least some work implemented by December
18 31,2023,and expected completion of all elements included in the alternative dates by
19 June 30,2027.
20 (c) Proposed alternative dates should be designed to sequence work in a logical progression,
21 considering acknowledged plans, other work, and the work of other jurisdictions within
22 the metropolitan area. Cities and counties in a metropolitan area may submit joint
23 proposed alternative dates for a metropolitan area.
24 (d) Proposed alternative dates may not be submitted to the department after December 1,
25 2022.
26 (e) Local governments in regions required to submit a work program as provided in OAR
27 660-044-0015 may submit a single combined work program that proposes alternative
28 dates as provided in this rule and meets the requirements as provided in OAR 660-044-
29 0100.Notwithstanding subsection(d),the combined work program must be submitted by
30 the date as provided in OAR 660-044-0015.
31 (f) The director shall review the proposed alternative dates to make a recommendation to the
32 commission as to whether the proposed alternative dates meet the following criteria:
33 (A) Ensures urgent action;
34 (B) Coordinates actions across jurisdictions within the metropolitan area;
35 (C) Coordinates with work required as provided in OAR 660-044-0100;
36 (D) Sequences elements into a logical progression; and
37 (E) Considers availability of funding and other resources to complete the work.
38 (g) The commission shall hold a hearing to review the proposed alternative dates and the
39 director's recommendation. If the commission finds that the proposed alternative dates
40 are complete and meet the criteria in subsection(f),then the commission shall issue an
41 order approving the alternative dates; otherwise,the commission shall remand the
42 proposed alternative dates with specific directions for changes needed. Upon approval by
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1 the commission,the alternative dates supersede the effective dates or deadlines in this
2 rule.
3 (h) The commission may modify alternative dates at any time as necessary to achieve the
4 purposes of this division.
5 (4) The dates in this section apply unless alternative dates are approved by the commission as
6 provided in section(3).
7 (a) Cities and counties in urban areas with a population over 5,000 and outside the Portland
8 Metropolitan Area must adopt a major transportation system plan update as provided in
9 OAR 660-012-0105 by December 31,2029.
10 (b) The provisions of OAR 660-012-0215 requiring the adoption of multiple transportation
11 performance standards take on June 30, 2025.
12 (c) A city or county that is subject to the requirements of OAR 660-012-0310(2)shall adopt
13 land use requirements for climate friendly areas and a climate friendly comprehensive
14 plan element as provided in OAR 660-012-0315(6)by December 31,2024.
15 (d) Metro shall amend the urban growth management functional plan in conjunction with its
16 next growth management analysis under ORS 197.296 and no later than December 31,
17 2024,to require local government adoption of Region 2040 centers and land use
18 regulations as described in the acknowledged urban growth management functional plan.
19 Within the Metro urban growth boundary, a county with planning jurisdiction in
20 unincorporated areas provided with urban water, sanitary sewer, stormwater, and
21 transportation services, or a city shall comply with the adopted requirements of the urban
22 growth management functional plan by December 31,2025.
23 (e) Cities and counties shall adopt land use regulations to meet the requirements of OAR
24 660-012-0330 no later than the date of adoption of a major or minor transportation
25 system plan update as provided in OAR 660-012-0105.
26 (f) Cities, and counties with an unincorporated population over 5,000 within an urban
27 growth boundary, shall adopt comprehensive plan amendments and land use regulations
28 meeting requirements as provided in OAR 660-012-0400 through OAR 660-012-0450 no
29 later than June 30,2023, except as provided below. If a city or county has not done so, it
30 may not apply parking mandates after that date.
31 (A) Cities and counties that pass population thresholds in OAR 660-012-0410, OAR
32 660-012-0415, or OAR 660-012-0450 must adopt comprehensive plan
33 amendments and land use regulations meeting requirements within 12 months of
34 passing those population thresholds.
35 (B) If cities and counties adopt an approach in OAR 660-012-0445,policies must
36 take effect no later than June 30,2023.
37 (C) Cities and counties adopting an approach in OAR 660-012-0435 shall do so
38 concurrently with adoption of any climate friendly area under OAR 660-012-
39 0315.
40 (g) Cities choosing to report on the share of on-street parking spaces that are priced as
41 provided in OAR 660-012-0450(1)(b)must:
42 (A) Demonstrate at least five percent of on-street parking spaces are priced by
43 September 30,2023; and
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1 (B) Demonstrate at least 10 percent of on-street parking spaces are priced by
2 September 30,2025.
3 (5) The following dates may not be adjusted through proposed alternative dates as provided in
4 section(3):
5 (a) The provisions of OAR 660-012-0210 take effect June 30, 2024.
6 (b) A city or county that is subject to the requirements of OAR 660-012-0310(2) shall submit
7 a study of climate friendly areas as provided in OAR 660-012-0315(4) and(5)by June
8 30,2023.
9 (c) The provisions of OAR 660-012-0310(3)(a) and(b)take effect June 30,2023.
10 (d) Cities shall implement the requirements for electric vehicle charging as provided in OAR
11 660-012-0410 upon the July 1,2022 effective date of amendments to the state building
12 code adopted by the Director of the Depar intent of Consumer and Business Services to
13 implement ORS 455.417.
14 (e) Cities and counties shall implement the requirements of OAR 660-012-0430 and 660-
15 012-0440 when reviewing development applications submitted after December 31,2022.
16 (6) Cities and counties with voter-approved bond-funded projects where the election occurred before
17 January 1, 2022 may use approved bond funding as a factor when prioritizing projects in an
18 unconstrained project list as provided in OAR 660-012-0170(4).
19 (7) The first reporting year for the reporting requirements as provided in OAR 660-012-0900 is 2023,
20 with reports due no later than May 31,2024.
21 0012B:Effective Dates and Transition Period[More Time Option]
22 This rule lists the effective dates of some provisions of the Transportation Planning Rules. Most
23 provisions will take effect shortly after the commission adopts the rule amendments, but the
24 implementation of some provisions will be phased in over time.
25 (1) The rules in this division adopted on May 19,2022,and amendments to rules in this division
26 adopted on that date,are effective June 30,2022, except as provided in this rule.
27 (2) A city or county subject to the requirements as provided in OAR 660-012-0100 may make
28 interim updates to the local transportation system plan using requirements as provided in OAR
29 660-012-0015 if the city or county:
30 (a) Has submitted notice of the proposed change to the comprehensive plan to the
31 department as provided in OAR 660-018-0020 no later than June 30,2023; or
32 (b) The interim update is not a major transportation system plan update as provided in OAR
33 660-012-0105, and the city or county has submitted notice of the proposed change to the
34 comprehensive plan to the department as provided in OAR 660-018-0020 no later than
35 June 30,2029. Interim updates must comply with applicable requirements in this division
36 within the scope of the transportation system plan amendment but need not bring the
37 entire transportation system plan in compliance with all applicable regulations.
38 (3) Cities, counties, or Metro may choose to propose alternative dates in lieu of the effective dates or
39 deadlines in section(4)of this rule.
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1 (a) A submitted proposal for alternative dates shall include:
2 (A) A description of any work already underway to begin complying with the new
3 requirements of this division;
4 (B) Proposed dates for accomplishing requirements in lieu of effective dates or
5 deadlines provided in this rule; and
6 (C) A schedule for updating local transportation system plans to comply with new
7 requirements of this division.
8 (b) Proposed alternative dates must demonstrate consistent progress toward meeting the
9 updated requirements of this division.
10 (c) Proposed alternative dates should be designed to sequence work in a logical progression,
11 considering acknowledged plans,other work,and the work of other jurisdictions within
12 the metropolitan area. Cities and counties in a metropolitan area may submit joint
13 proposed alternative dates for a metropolitan area.
14 (d) Proposed alternative dates may not be submitted to the department after February 1,
15 2023.
16 (e) Local governments in regions required to submit a work program as provided in OAR
17 660-044-0015 may submit a single combined work program that proposes alternative
18 dates as provided in this rule and meets the requirements as provided in OAR 660-044-
19 0100.Notwithstanding subsection(d),the combined work program must be submitted by
20 the date as provided in OAR 660-044-0015.
21 (f) The director shall review the proposed alternative dates to make a recommendation to the
22 commission as to whether the proposed alternative dates meet the following criteria:
23 (A) Ensures urgent action;
24 (B) Coordinates actions across jurisdictions within the metropolitan area;
25 (C) Coordinates with work required as provided in OAR 660-044-0100;
26 (D) Sequences elements into a logical progression; and
27 (E) Considers availability of funding and other resources to complete the work.
28 (g) The commission shall hold a hearing to review the proposed alternative dates and the
29 director's recommendation. If the commission finds that the proposed alternative dates
30 are complete and meet the criteria in subsection(f),then the commission shall issue an
31 order approving the alternative dates; otherwise,the commission shall remand the
32 proposed alternative dates with specific directions for changes needed.Upon approval by
33 the commission,the alternative dates supersede the effective dates or deadlines in this
34 rule.
35 (h) The commission may modify alternative dates at any time as necessary to achieve the
36 purposes of this division.
37 (4) The dates in this section apply unless alternative dates are approved by the commission as
38 provided in section(3).
39 (a) The provisions of OAR 660-012-0215 requiring the adoption of multiple transportation
40 performance standards take effect upon the date of adoption of a major transportation
41 system plan update as provided in OAR 660-012-0105.
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1 (b) A city or county that is subject to the requirements of OAR 660-012-0310(2) shall adopt
2 land use requirements for climate friendly areas and a climate friendly comprehensive
3 plan element as provided in OAR 660-012-0315(6)by December 31,2025.
4 (c) Metro shall amend the urban growth management functional plan in conjunction with its
5 next growth management analysis under ORS 197.296 and no later than December 31,
6 2024,to require local government adoption of Region 2040 centers and land use
7 regulations as described in the acknowledged urban growth management functional plan.
8 Within the Metro urban growth boundary,a county with planning jurisdiction in
9 unincorporated areas provided with urban water, sanitary sewer, stormwater, and
10 transportation services, or a city shall comply with the adopted requirements of the urban
11 growth management functional plan by June 30,2026.
12 (d) Cities and counties shall adopt land use regulations to meet the requirements of OAR
13 660-012-0330 no later than the date of adoption of a major or minor transportation
14 system plan update as provided in OAR 660-012-0105.
15 (e) Cities,and counties with an unincorporated population over 5,000 within an urban
16 growth boundary, shall adopt comprehensive plan amendments and land use regulations
17 meeting requirements as provided in OAR 660-012-0400 through OAR 660-012-0450 no
18 later than December 31,2023, except as provided below. If a city or county has not done
19 so, it may not apply parking mandates after that date.
20 (A) Cities and counties required to adopt parking maximums under OAR 660-012-
21 0415 must do so prior to or when adopting a major transportation system plan
22 update.
23 (B) Cities and counties that pass population thresholds in OAR 660-012-0410, OAR
24 660-012-0415, or OAR 660-012-0450 must adopt comprehensive plan
25 amendments and land use regulations meeting requirements within 12 months of
26 passing those population thresholds.
27 (C) If cities and counties adopt an approach in OAR 660-012-0445,policies must
28 take effect no later than December 31, 2023.
29 (D) Cities and counties adopting an approach in OAR 660-012-0435 shall do so
30 concurrently with adoption of any climate friendly area under OAR 660-012-
31 0315.
32 (f) Cities choosing to report on the share of on-street parking spaces that are priced as
33 provided in OAR 660-012-0450(1)(b)must:
34 (A) Demonstrate at least five percent of on-street parking spaces are priced by June
35 30,2024; and
36 (B) Demonstrate at least 10 percent of on-street parking spaces are priced by June 30,
37 2026.
38 (5) The following dates may not be adjusted through proposed alternative dates as provided in
39 section(3):
40 (a) The provisions of OAR 660-012-0210 take effect June 30,2025.
41 (b) A city or county that is subject to the requirements of OAR 660-012-0310(2) shall submit
42 a study of climate friendly areas as provided in OAR 660-012-0315(4) and(5)by June
43 30,2023.
44 (c) The provisions of OAR 660-012-0310(3)(a) and(b)take effect December 31,2023.
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1 (d) Cities shall implement the requirements for electric vehicle charging as provided in OAR
2 660-012-0410 upon the July 1, 2022 effective date of amendments to the state building
3 code adopted by the Director of the Department of Consumer and Business Services to
4 implement ORS 455.417.
5 (e) Cities and counties shall implement the requirements of OAR 660-012-0430 and 660-
6 012-0440 when reviewing development applications submitted after December 31, 2023.
7 (6) Cities and counties with voter-approved bond-funded projects where the election occurred before
8 January 1, 2023 may use approved bond funding as a factor when prioritizing projects in an
9 unconstrained project list as provided in OAR 660-012-0170(4).
10 (7) Reporting requirements as provided in OAR 660-012-0900 for the 2023 and 2024 reporting years
11 are as follows:
12 (a) The first reporting year for the reporting requirements as provided in OAR 660-012-0900
13 is 2023,with reports due no later than May 31, 2024.
14 (b) Cities and counties otherwise required to complete a major report for the 2023 reporting
15 year as provided in OAR 660-012-0900 may delay submission of the major report until
16 the 2024 reporting year. A city or county electing to do so must submit a minor report for
17 the 2023 reporting year and cite this provision in that report.
18 New Rules 0100-0215: General Provisions
19 This part of the Transportation Planning Rules will contain general provisions for how cities and counties
20 in metropolitan areas conduct coordinated land use and transportation planning.These include updated
21 rules for how cities and counties undertake transportation system plans within urban areas.There are
22 significant changes and clarifications in how this process works, including how cities and counties ensure
23 equitable participation in decision-making, and how plans are amended and updated over time.
24 These rules, as provided in draft rule 660-012-0011, only apply in metropolitan areas.
25 0100:Transportation System Plans in Metropolitan Areas
26 This rule provides the starting point for how cities in metropolitan areas will be required to adopt,
27 amend, and implement local transportation system plans in urban areas.The rule lists all the required
28 elements of a transportation system plan.The rule also provides for how cities will determine the base
29 and horizon years of a local transportation system plan.
30 (1) Cities shall develop and adopt a transportation system plan. Cities shall develop a transportation
31 system plan and amendments to that plan consistent with the provisions of OAR 660-012-0105
32 through OAR 660-012-0215. A transportation system plan includes the following elements:
33 (a) The core transportation system plan elements as provided in section(2);
34 (b) Funding projections as provided in OAR 660-012-0115;
35 (c) A transportation options element as provided in OAR 660-012-0145;
36 (d) An unconstrained project list as provided in OAR 660-012-0170;
37 (e) A financially-constrained project list as provided in OAR 660-012-0180;
38 (f) Any refinement plans adopted as provided in OAR 660-012-0190;
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1 (g) A pedestrian system element as provided in OAR 660-012-0500;
2 (h) A bicycle system element as provided in OAR 660-012-0600;
3 (i) A public transportation system element as provided in OAR 660-012-0700; and
4 (j) A street and highway system element as provided in OAR 660-012-0800.
5 (2) A transportation system plan shall include the following core elements:
6 (a) The base and planning horizon years as provided in section(3)of this rule;
7 (b) The land use assumptions as provided in OAR 660-012-0340;
8 (c) A list of all elements of the plan,and the date of adoption or amendment of each;
9 (d) The coordinated land use and transportation system planning policies in the city's
10 comprehensive plan;
11 (e) The local transportation system plan goals and policies;
12 (f) Areas with concentrations of underserved populations as provided in OAR 660-012-
13 0125, identified using best available data;
14 (g) A record of the engagement, involvement, and decision-making processes used in
15 development of the plan, as provided in OAR 660-012-0130;
16 (h) A major equity analysis as provided in OAR 660-012-0135, or an engagement-focused
17 equity analysis as provided in OAR 660-012-0135 for urban areas under 5,000 in
18 population; and
19 (i) The dates of each report made to the director as provided in OAR 660-012-0900,
20 including all applicable city and county reports for the planning area.
21 (3) Cities shall determine the base and horizon years of a transportation system plan as follows:
22 (a) The base year is the present or past year which is used for the development of plan
23 elements. The base year shall be the year of adoption of a major update to the
24 Transportation System Update, or no earlier than five years prior.
25 (b) The horizon year is the future year for which the plan contains potential projects and shall
26 be at least twenty years from the year of adoption of a major update to the transportation
27 system plan.
28 (4) The director may grant a whole or partial exemption from the requirements of this division to
29 cities with a population of less than 10,000 within the urban area. The director may also grant a
30 whole or partial temporary exemption from the requirements of this division to jurisdictions of
31 any size that are newly included in an existing metropolitan area or a newly designated
32 metropolitan area. The director shall use the criteria and process as provided in OAR 660-012-
33 0055(7)to decide to approve an exemption.
34 (5) The development of a transportation system plan shall be coordinated with affected cities,
35 counties,transportation facility owners, and transportation service providers, and transportation
36 options providers.
37 (6) Adoption or amendment of a transportation system plan shall constitute the land use decision
38 regarding the function,mode, general location, and need for transportation facilities, services,and
39 major improvements.
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1 (7) Adoption or amendment of a transportation system plan shall include findings of compliance with
2 applicable statewide planning goals, acknowledged comprehensive plan policies, and land use
3 regulations.
4 (8) Cities and counties shall design transportation system plans to achieve transportation performance
5 targets as provided in OAR 660-012-0910.
6 (9) Metro shall adopt a regional transportation system plan provided in OAR 660-012-0140.
7 (10) Cities and counties in the Portland Metropolitan area shall additionally meet the requirements as
8 provided in OAR 660-012-0140.
9 0105:Transportation System Plan Updates
10 This rule describes how cities update their transportation system plans.The rule provides for either a
11 major or minor update to plans.The existing rules were written when most places did not even have a
12 transportation system plan, so there is little guidance about how they are to be kept up to date.The
13 purpose of this rule is to clarify that process and make it simpler to adopt smaller updates in between
14 larger updates.
15 (1) Any amendment to a transportation system plan must be either a major update as provided in
16 section(2), or a minor update,which is any update which is not a major update.
17 (2) A major update to a transportation system plan is any update that:
18 (a) Includes a change to the horizon year of the plan;
19 (b) Is adopted after January 1 of the planning horizon year of the acknowledged plan; or
20 (c) Adds a facility authorized as provided in OAR 660-012-0830.
21 (3) A city or county making a major update to a transportation system plan shall:
22 (a) Update the core transportation system plan elements as provided in OAR 660-012-
23 0100(2);
24 (b) Include all other applicable transportation system plan elements as provided in OAR 660-
25 012-0100; and
26 (c) Comply with the engagement requirements of OAR 660-012-0120.
27 (4) A city or county making a minor update to a transportation system plan shall, at a minimum:
28 (a) Update core transportation system plan elements as provided in OAR 660-012-0100(2)
29 that are applicable to the scope of the minor update;
30 (b) Comply with the engagement requirements of OAR 660-012-0120; and
31 (c) Identify areas with concentrations of underserved populations as provided in OAR 660-
32 012-0125 using best available data; and
33 (d) Conduct an engagement-focused equity analysis as provided in OAR 660-012-0135.
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1 0110:Transportation System Planning Area
2 This rule sets out requirements for the geographic scope of transportation system plans.The default
3 assumption is that cities will plan for the entire urban area within the Urban Growth Boundary, including
4 unincorporated areas.The rule includes provisions if counties opt to handle the planning within urban
5 unincorporated areas.
6 (1) The planning area for transportation system plans is the area within the acknowledged urban
7 growth boundary. The unincorporated area within urban growth boundaries is the urbanizable
8 area.
9 (2) Cities and counties are responsible for cooperatively developing transportation system plans
10 within the urban area,including the urbanizable area. Cities and counties shall jointly determine
11 and agree how transportation system planning will occur in the urbanizable area, including plan
12 adoption.
13 (a) Cities may develop and adopt a single transportation system plan for the entire urban
14 area;
15 (b) A county may choose to develop and adopt a separate transportation system plan for
16 areas in the urbanizable area; or
17 (c) A city and county may jointly determine the geographic extent of each of their
18 transportation system plans within the urban area.
19 (3) Counties planning for urban areas as provided in this rule, and associated cities, shall meet these
20 requirements:
21 (a) Counties shall meet the applicable requirements of this division as if they were a city,
22 even when requirements only refer to cities.
23 (b) Both the city and county shall meet all applicable requirements of this division based on
24 the population of the entire urban area, except where a population threshold in a rule
25 specifically refers to the population of the urban unincorporated area.
26 (c) When a county develops a transportation system plan for a portion of the urban area
27 within an urban growth boundary,both transportation system plans must have the same
28 planning horizon year. This subsection does not apply in urban areas with more than one
29 city.
30 (4) Counties shall plan areas outside urban growth boundaries as rural,regardless of location within a
31 metropolitan area. Counties planning for unincorporated communities within a metropolitan area
32 must meet requirements provided in OAR chapter 660, division 22.
33 0115:Funding Projections
34 This rule describes how cities develop funding projections in the transportation system plan. Funding
35 projections include a list of funding sources that are expected to fund transportation facilities and
36 services, and the amount of funding available for transportation projects over the planning period.
37 (1) Cities and counties must include funding projections in the transportation system plan. Funding
38 projections must include the list of funding sources and amount of funding available, as provided
39 in this rule.
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1 (2) The required list of funding sources must include all funding sources that the city or county
2 expects to use over the planning period to operate,maintain, or construct the transportation
3 system. These sources include,but are not limited to:
4 (a) Local,regional, state,and federal funding sources; and
5 (b) Sources expected from any transportation facility or service operator within the planning
6 area.
7 (3) The list of funding sources shall include,for each source of funding identified:
8 (a) The expected funding over the remainder of the planning period;
9 (b) The purpose of the source of funding and any key limitations on the use of the funding;
10 and
11 (c) Reasons that the funding source is expected to be available during the planning period.
12 These reasons may include,but are not limited to,that the funding is provided by:
13 (A) Transportation facility pricing revenues, including parking revenues;
14 (B) Tax or bond revenues;
15 (C) Fees,charges,or other local revenues;
16 (D) Grants given using a formula or other regular disbursement;
17 (E) Regional funds from a Metropolitan Planning Organization; or
18 (F) A source that previously provided funds to the city or county and can reasonably
19 expected to provide more in the future.
20 (4) The city or county shall use the list of funding sources to determine the amount of funding
21 expected to be available to develop transportation projects over the planning period. Funding to
22 maintain and operate the transportation system, or used for purposes other than development of
23 transportation projects, shall be excluded. The transportation system plan shall clearly describe
24 the amounts that are included and excluded.
25 0120:Transportation System Planning Engagement
26 This rule directs how cities must engage the public, and specifically underserved populations, in the
27 development and approval of transportation system plans.
28 (1) Cities and counties shall develop transportation system plans using methods of public
29 engagement and decision making consistent with the statewide planning goals and the local
30 acknowledged comprehensive plan.
31 (2) Public engagement and decision making shall follow the practices as provided in OAR 660-012-
32 0130 to place an increased emphasis on centering the voices of underserved populations
33 identified in OAR 660-012-0125.
34 (3) Cities or counties engaged in an update of the transportation system plan as provided in OAR
35 660-012-0105, or an update of the future land use assumptions as provided in OAR 660-012-
36 0340, shall make a special effort to ensure underserved populations, as identified in OAR 660-
37 012-0125, are:
38 (a) Informed about the choices that need to be made in the planning process;
39 (b) Given a meaningful opportunity to inform the planning process; and
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1 (c) Given an equitable share of the decision-making power over key decisions,to the extent
2 possible.
3 0125:Underserved Populations
4 Oregon has a long history of discrimination throughout our laws, budgets, and planning processes and
5 decisions.The Climate-Friendly and Equitable Communities Rules Advisory Committee has helped
6 identify underserved populations to consider in this rulemaking, expanding on a list from the Governor's
7 office.To rectify harms done in the past and in current practice, communities must prioritize these
8 populations in decision-making processes and outcomes.
9 This rule sets out a definition of underserved populations for use in transportation and land use planning
10 consistent with the Equitable Outcomes Statement developed by the Rules Advisory Committee.
11 (1) Cities and counties shall prioritize community-led engagement and decision-making,with
12 specific attention to the underserved populations listed in section(2) of this rule.
13 (2) Underserved populations deserve prioritized attention regarding transportation and land use
14 planning due to historic and current marginalization. Underserved populations include,but are not
15 limited to:
16 (a) Black and African American people;
17 (b) Indigenous people(including Tribes, American Indian/Alaska Native and Hawaii
18 Native);
19 (c) People of Color(including but not limited to Hispanic, Latina/o/x,Asian, Arabic or North
20 African, Middle Eastern, Pacific Islander, and mixed-race or mixed-ethnicity
21 populations);
22 (d) Immigrants, including undocumented immigrants and refugees;
23 (e) People with limited English proficiency;
24 (f) People with disabilities;
25 (g) People experiencing homelessness;
26 (h) Low-income and low-wealth community members;
27 (i) Low- and moderate-income renters and homeowners;
28 (j) Single parents;
29 (k) Lesbian, gay, bisexual,transgender, queer, intersex, asexual, or two-spirit community
30 members; and
31 (1) Youth and seniors.
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1 0130:Decision-Making with Underserved Populations
2 This rule directs how local governments center underserved populations in decision-making.The rule
3 requires local governments to implement an involvement program with a range of activities to ensure
4 equitable participation in decision-making and work toward equitable outcomes.The rule also requires
5 cities and counties to identify and engage with recognized tribes with ancestral lands in the city or
6 county.The rule requires cities and counties to regularly assess and report on progress.
7 (1) Cities and counties shall, as a part of an involvement program required as provided in OAR 660-
8 015-0000(1), center the voices of underserved populations in processes at all levels of decision-
9 making under this division. Actions that may accomplish this include,but are not limited to:
10 (a) Reporting regularly on progress made under this rule as provided by section(3);
11 (b) Conducting equity analyses as provided in OAR 660-012-0135;
12 (c) Considering the effect on underserved populations when developing plans,including land
13 use plans and plans for public investment;
14 (d) Developing decision-making factors that recognize and work to reduce historic and
15 current inequities; and,
16 (e) Engaging in additional outreach activities with underserved populations and in areas with
17 concentrations of underserved populations. Such outreach activities should include
18 activities in multiple languages and formats, and be accessible to:
19 (A) People with disabilities,
20 (B) People without internet access, and
21 (C) People with limited transportation and child care options, and with schedule
22 constraints around employment or other critical responsibilities.
23 (2) Cities and counties shall identify federally recognized sovereign tribes whose ancestral lands
24 include the planning area. The city or county shall engage with affected tribes to notify them of
25 coordinated land use and transportation planning activities and projects under this division.
26 (3) Cities and counties shall regularly assess and report on progress made under this rule by:
27 (a) Reporting to the department annually as provided in OAR 660-012-0900;
28 (b) Making regular reports to the planning commission and governing body of the city or
29 county; and
30 (c) Making regular public reports to the community.
31 0135:Equity Analysis
32 This rule gives cities and counties direction on how to complete an equity analysis. An equity analysis is
33 required for a variety of actions throughout the division.The purpose of an equity analysis is to identify
34 impacts of proposed projects and policies and potentially inequitable consequences or burdens on
35 impacted communities.
36 (1) Cities and counties shall determine whether the land use and transportation plans required in this
37 division improve outcomes for underserved populations by using an equity analysis. An equity
38 analysis is intended to determine benefits and burdens on underserved populations, as provided in
39 OAR 660-012-0125.
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1 (2) A city or county engaging in a major equity analysis shall conduct all the actions in the
2 engagement-focused equity analysis in section(3). In addition, a city or county shall:
3 (a) Assess, document,acknowledge, and address where current and past land use,
4 transportation, and housing policies and effects of climate change have harmed or are
5 likely to harm underserved populations;
6 (b) Assess, document,acknowledge, and address where current and past racism in land use,
7 transportation, and housing has harmed or is likely to harm underserved populations;
8 (c) Identify geographic areas with significantly disproportionate concentrations of
9 underserved populations;
10 (d) Develop key performance measures as required in OAR 660-012-0905, or review
11 existing performance measures,for key community outcomes as provided in subsection
12 (3)(a)over time; and continue to communicate with and involve the people in the
13 community who are members of underserved populations; and
14 (e) Use the best available data in conducting sections(a)through(d).
15 (3) A city or county conducting an engagement-focused equity analysis shall:
16 (a) Engage with members of underserved populations as provided in OAR 660-012-0125 to
17 develop key community outcomes;
18 (b) Gather, collect, and value qualitative and quantitative information, including lived
19 experience,from the community on how the proposed change benefits or burdens
20 underserved populations;
21 (c) Recognize where and how intersectional discrimination compounds disadvantages;
22 (d) Analyze the proposed changes for impacts and alignment with desired key community
23 outcomes and key performance measures under OAR 660-012-0905;
24 (e) Adopt strategies to create greater equity or minimize negative consequences; and
25 (f) Report back and share the information learned from the analysis and unresolved issues
26 with people engaged as provided in subsection(a).
27 0140:Transportation System Planning in the Portland Metropolitan Area
28 This rule describes how transportation system planning works in the Portland Metropolitan Area,
29 including local planning by cities and counties, and regional planning by Metro. Many of the regional
30 planning requirements are from existing rules in OAR 660-012-0016.
31 (1) This rule applies to cities and counties in the Portland Metropolitan Area, and Metro. In the
32 Portland Metropolitan Area, cities and counties shall develop and adopt local transportation
33 system plans as provided in OAR 660-012-0100. Metro shall develop and adopt a regional
34 transportation system plan as provided in this rule.
35 (2) Cities and counties shall amend comprehensive plans,land use regulations, and transportation
36 system plans to be consistent with Metro's regional transportation system plan. Consistent means
37 city and county comprehensive plans and implementing ordinances conform with the policies and
38 projects in the regional transportation system plan. If Metro finds a local transportation system
39 plan is consistent with the Regional Transportation Functional Plan,the transportation system
40 plan shall be deemed consistent with the regional transportation system plan.
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1 (3) Metro shall prepare,adopt,amend, and update a regional transportation system plan in
2 coordination the with regional transportation plan required by federal law. Insofar as possible,the
3 regional transportation system plan shall be accomplished through a single coordinated process
4 that complies with the applicable requirements of federal law and this division.
5 (a) When Metro adopts or amends the regional transportation plan to comply with this
6 division as provided in this section,Metro shall review the adopted plan or amendment
7 and either:
8 (A) Adopt findings that the proposed regional transportation plan amendment or
9 update is consistent with the applicable provisions of adopted regional
10 transportation system plan and compliant with applicable provisions of this
11 division; or
12 (B) Adopt amendments to the regional transportation system plan that make the
13 regional transportation plan consistent and compliant with applicable provisions
14 of this division.Necessary plan amendments or updates shall be prepared and
15 adopted in coordination with the federally-required plan update or amendment.
16 Such amendments shall be initiated no later than 30 days from the adoption of the
17 regional transportation plan amendment or update and shall be adopted no later
18 than one year from the adoption of the regional transportation plan amendment or
19 update or according to a work program approved by the commission. A plan
20 amendment is initiated for purposes of this subsection where the affected local
21 government files a post-acknowledgement plan amendment notice with the
22 department as provided in OAR 660-018-0020.
23 (b) Adoption or amendment of the regional transportation plan relates to compliance with
24 this division for purposes of this section if it does one or more of the following:
25 (A) Changes plan policies;
26 (B) Adds or deletes a project from the list of planned transportation facilities,
27 services, or improvements or from the financially-constrained project list
28 required by federal law;
29 (C) Modifies the general location of a planned transportation facility or
30 improvement;
31 (D) Changes the functional classification of a transportation facility; or
32 (E) Changes the planning period or adopts or modifies the population or employment
33 forecast or allocation upon which the plan is based.
34 (c) The following amendments to the regional transportation plan do not relate to compliance
35 with this division for purposes of this section:
36 (A) Adoption of an air quality conformity determination;
37 (B) Changes to a federal revenue projection;
38 (C) Changes to estimated cost of a planned transportation project; or
39 (D) Deletion of a project from the list of planned projects where the project has been
40 constructed or completed.
41 (4) Notwithstanding any requirement in this division,Metro may adopt provisions into a regional
42 functional plan that require cities and counties to meet an additional requirement for
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1 transportation system planning where Metro finds that the additional requirement is necessary to
2 meet regional planning objectives and supports the purposes of this division.
3 (5) Notwithstanding requirements for transportation system planning areas provided in OAR 660-
4 012-0110:
5 (a) Metro shall work cooperatively with cities and counties to determine responsibility for
6 planning areas in the urbanizable area. Where a county has responsibility for a planning
7 area,the county must meet the requirements as provided for counties in OAR 660-012-
8 0110;
9 (b) Counties planning for unincorporated areas with the urban growth boundary shall meet
10 all applicable requirements based on the population of the planning area; and
11 (c) Counties and cities need not have the same planning horizon year.
12 (6) Notwithstanding requirements for transportation system inventories as provided in OAR 660-012-
13 0150,Metro shall prescribe inventory requirements in transportation system plans for cities and
14 counties in a regional functional plan.
15 (7) Metro may propose alternative requirements in lieu of requirements provided in this division.
16 (a) The director shall review proposed alternative requirements to make a recommendation
17 to the commission as to whether the proposed alternative requirements would meet the
18 objectives of the original requirements and support the purposes of this division.
19 (b) The commission shall hold a hearing to review the proposed alternative requirements and
20 the director's recommendation. If the commission finds that the proposed alternative
21 requirements meet the objectives of the original requirements and support the purposes of
22 this division,then the commission shall issue an order approving the proposed alternative
23 requirements; otherwise,the commission shall remand the proposed alternative
24 requirements to Metro with specific directions for changes needed to meet the objectives
25 of the original requirement and support the purposes of this division.
26 (c) Upon approval by the commission,Metro may adopt the proposed alternative
27 requirements into a regional functional plan. Upon adoption by Metro,cities and counties
28 that comply with the alternative requirements of the regional functional plan are no
29 longer required to meet the specific requirements of this division as described in the
30 commission order.
31 0145:Transportation Options Planning
32 This rule describes how cities develop a transportation options element of their transportation system
33 plan.The rule requires cities and counties to coordinate closely with transportation options providers,
34 public transportation providers, and other cities and counties to identify existing programs, services, and
35 projects; as well as future needs.
36 (1) The transportation system options element of a transportation system plan shall include:
37 (a) The existing programs, services, and projects identified in section(2);
38 (b) The future transportation demand management needs identified in section(3) and the
39 performance targets as provided in OAR 660-012-0910; and
40 (c) A trip reduction strategy for large employers.
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1 (2) Cities and counties shall coordinate with transportation options providers,public transportation
2 service providers, state agencies, and other cities and counties to identify existing transportation
3 options and transportation demand management programs, services,and projects. These shall
4 include,but are not limited to:
5 (a) Education,encouragement, and other transportation demand management programs and
6 services that focus on forms of transportation other than single-occupant vehicles;
7 (b) Transportation demand management programs and policies that discourage the use of
8 single-occupancy vehicles; and
9 (c) Transportation options needs of underserved populations.
10 (3) Cities and counties shall coordinate with transportation options providers,public transportation
11 service providers, and other cities and counties to identify future transportation demand
12 management needs. These shall include,but are not limited to:
13 (a) Commute trip reduction consultation and promotion of programs such as the provision of
14 transit passes and parking cash-out;
15 (b) Physical improvements such as carpool parking spaces and park and ride locations; and
16 (c) Regional solutions for intercity travel.
17 0150: Transportation System Inventories
18 This rule includes general requirements for inventories of existing facilities and services in
19 transportation system plans. The specific requirements for each mode of transportation are in separate
20 rules, as noted in this rule.There are basic levels of inventories required, and larger cities will be
21 required to do more advanced inventories.
22 (1) This rule applies to transportation inventories as provided in OAR 660-012-0505,OAR 660-012-
23 0605, OAR 660-012-0705,and OAR 660-012-0805.
24 (2) Cities and counties shall coordinate with other transportation facility and service providers,
25 including,but not limited to state agencies, other cities and counties, and public transportation
26 system operators to develop the transportation system inventory.
27 (3) Inventories shall include all publicly owned,operated,or supported transportation facilities and
28 services within the planning area,regardless of ownership or maintenance responsibility.
29 Inventories shall note ownership or maintenance responsibility for all facilities.
30 (4) Inventories shall clearly identify the following for each inventoried facility or service:
31 (a) Function,including the classification of the facility or service,its primary uses, and
32 whether it primarily serves local,regional,pass-through, or freight traffic.
33 (b) Primary users of the facility,including whether users are primarily on foot,bicycle,
34 transit, freight, or personal vehicle.
35 (c) Land use context for each segment of the facility, including determining what types of
36 planned land uses surround the facility.
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1 0155:Prioritization Framework
2 This rule sets the context for prioritizing projects in local transportation system plans; and how cities,
3 counties, Metro, and state agencies make decisions about investments in the transportation system.The
4 prioritization framework places an emphasis on reducing pollution, increasing equitable outcomes,
5 safety, and accessibility.
6 (1) Cities,counties,Metro, and state agencies shall use the framework in this rule for decision
7 making regarding prioritization of transportation facilities and services. Cities,counties,Metro,
8 and state agencies shall consider the following:
9 (a) Prioritization factors as provided in section(3);
10 (b) Classification of facilities or segments as provided in section(4);
11 (c) The planned land use context as provided in section(5); and
12 (d) Expected primary users as provided in section(6).
13 (2) Cities, counties,Metro, and state agencies may use local values determined through engagement
14 as provided in OAR 660-012-0120 to weight various prioritized factors when making
15 prioritization decisions as provided in this division.
16 (3) Cities, counties,Metro, and state agencies shall prioritize transportation facilities and services
17 based on the following factors:
18 (a) Meeting greenhouse gas reduction targets, including:
19 (A) Reducing per-capita vehicle miles traveled to meet greenhouse gas reduction
20 targets as provided in OAR 660-044-0020 or OAR 660-044-0025;
21 (B) Supporting compact,pedestrian-friendly patterns of development in urban areas,
22 particularly in climate friendly areas;
23 (C) Reducing single-occupant vehicle travel as a share of overall travel; and
24 (D) Meeting performance targets as provided in OAR 660-012-0910.
25 (b) Improving equitable outcomes for underserved populations identified as provided in
26 OAR 660-012-0125;
27 (c) Improving safety,particularly reducing or eliminating fatalities and serious injuries;
28 (d) Improving access for people with disabilities;
29 (e) Improving access to destinations,particularly key destinations as provided in OAR 660-
30 012-0360;
31 (f) Completing the multimodal transportation network, including filling gaps and making
32 connections;
33 (g) Supporting the economies of the community,region, and state; and
34 (h) Other factors determined in the community.
35 (4) Cities, counties,Metro, and state agencies shall consider the functional classification of planned
36 or existing transportation facilities or segments when making decisions about appropriate
37 transportation facilities and services. Cities,counties,Metro, and state agencies may establish
38 different functional classifications for each mode on any facility or segment that they own and
39 operate.
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1 (5) Cities,counties,Metro, and state agencies shall consider the planned land use context around an
2 existing or planned transportation facility or segment when making decisions about appropriate
3 transportation facilities and services.
4 (a) Within climate friendly areas, cities,counties,Metro,and state agencies shall prioritize
5 pedestrian,bicycle, and public transportation facilities and services. Cities, counties,
6 Metro, and state agencies shall ensure facilities are planned for these modes to experience
7 safe,low stress, and comfortable travel for people of all ages and abilities within climate
8 friendly areas with minimal interference from motor vehicle traffic.
9 (b) In areas with concentrations of underserved populations, cities, counties,Metro, and state
10 agencies shall prioritize projects addressing historic and current marginalization.
11 Proposed projects in these areas must work to rectify previous harms and prevent future
12 harms from occurring. These areas may have suffered from disinvestment or harmful
13 investments,including transportation system investments. Harms include but are not
14 limited to displacement and increased exposure to pollutants.
15 (6) Cities,counties,Metro, and state agencies shall consider the expected primary users of an
16 existing or planned transportation facility or segment when making decisions about appropriate
17 transportation facilities and services. In particular:
18 (a) In areas near schools or other locations with expected concentrations of children, or areas
19 with expected concentrations of older people or people with disabilities,cities, counties,
20 Metro,and state agencies must prioritize safe,protected, and continuous pedestrian and
21 bicycle networks connecting to key destinations, including transit stops.
22 (b) In industrial areas, along routes accessing key freight terminals, and other areas where
23 accommodations for freight are needed, cities,counties,Metro,and state agencies must
24 consider the needs of freight users. Pedestrian,bicycle, and public transportation system
25 connections must be provided in industrial areas at a level that provides safe access for
26 workers.
27 0160:Reducing Vehicle Miles Traveled
28 This rule requires cities and counties to use vehicle miles traveled to link local transportation systems
29 planning with the metropolitan greenhouse gas reduction targets.The rule applies when adopting a TSP
30 and requires the city or county to adopt a TSP that is projected to reduce vehicle miles traveled.
31 (1) The following jurisdictions are exempt from the requirements of this rule:
32 (a) Cities under 5,000 population;
33 (b) Counties under 5,000 population within urban growth boundaries but outside of
34 incorporated cities; and
35 (c) Counties under 10,000 population within urban growth boundaries but outside of
36 incorporated cities.
37 (2) When a city or county,makes a major update to a transportation system plan as provided in OAR
38 660-012-0105, or Metro makes an update to a regional transportation plan as provided in OAR
39 660-012-0140,they shall use the following requirements to project vehicle miles traveled per
40 capita for the planning period.
41 (a) The city,county, or Metro must prepare a projection that estimates changes between
42 vehicle miles traveled per capita from the base year and vehicle miles traveled per capita
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1 that would result from all projects on the financially-constrained project list as provided
2 in OAR 660-012-0180; and
3 (b) Projections of vehicle miles traveled per capita must incorporate the best available
4 science on latent and induced travel of additional roadway capacity.
5 (3) The projections prepared as provided in section(2)must be based on:
6 (a) Land use and transportation policies in an acknowledged comprehensive plan and in the
7 proposed transportation system plan;
8 (b) Local actions consistent with the adopted performance targets under OAR 660-012-0910,
9 or OAR 660-044-0120; and
10 (c) Forecast land use patterns as provided in OAR 660-012-0340.
11 (4) Cities and counties may only adopt a transportation system plan if the projected vehicle miles
12 traveled per capita at the horizon year using the financially-constrained project list is lower than
13 estimated vehicle miles traveled per capita in the base year scenario.
14 (5) A city or county is not required to meet the requirements in sections(2)through(4) of this rule if
15 the city or county has selected a financially-constrained project list that does not contain any
16 project that would require review as provided in OAR 660-012-0830(1).
17 (6) Metro shall adopt a regional transportation plan in which the projected vehicle miles traveled per
18 capita at the horizon year using the financially-constrained project list is lower than the estimated
19 vehicle miles traveled per capita at the base year by an amount that is consistent with the
20 metropolitan greenhouse gas reduction targets in OAR 660-044-0020. Metro may rely on
21 assumptions on future state and federal actions,including the following state-led actions that
22 affect auto operating costs:
23 (a) State-led pricing policies,and energy prices; and
24 (b) Vehicle and fuel technology, including vehicle mix,vehicle fuel efficiency,fuel mix,and
25 fuel carbon intensity.
26 0170:Unconstrained Project List
27 This rule describes how cities and counties take the combined list of projects developed in the modal
28 elements of the transportation system plan, develop multimodal projects,and produce a combined
29 project list.The rule requires cities and counties to use the combined project list to develop an
30 unconstrained project list.
31 (1) Cities and counties shall create a combined project list by combining:
32 (a) The pedestrian project list developed as provided in OAR 660-012-0520;
33 (b) The bicycle project list developed as provided in OAR 660-012-0620;
34 (c) The public transportation project list developed as provided in OAR 660-012-0720; and
35 (d) The streets and highways project list developed as provided in OAR 660-012-0820.
36 (2) Cities and counties shall,to the extent practicable,combine proposed projects from multiple
37 single-mode lists into a single multimodal project on the combined project list.
38 (3) Cities and counties shall develop an unconstrained project list by prioritizing the combined
39 project list, including multimodal projects. Cities and counties need not include every project in
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1 the combined project list on the unconstrained project list. There is no limit to the number of
2 projects which may be included on the unconstrained project list.
3 (4) Cities and counties shall develop a method of prioritizing projects on the unconstrained project
4 list. Projects on the unconstrained project list may be ranked individually or in tiers.
5 Unconstrained project lists ranked in tiers shall have enough tiers to clearly be able to determine
6 the relative ranking of projects when making decisions. Cities and counties shall describe the
7 method used to prioritize the unconstrained project list in the transportation system plan. Cities
8 and counties must emphasize the following requirements when developing a method of
9 prioritizing projects on the unconstrained project list:
10 (a) The project will help reduce vehicle miles traveled;
11 (b) The project burdens underserved populations less than and benefit as much as the city or
12 county population as a whole; and
13 (c) The project will help achieve the performance targets as provided in OAR 660-012-0910.
14 (5) Cities and counties shall develop planning-level cost estimates for the top ranked projects on the
15 prioritized unconstrained project list as provided in section(4) of this rule. The city or county
16 shall make estimates for as many projects as the city or county reasonably believes could be
17 funded in the planning period. The city or county need not make cost estimates for every project
18 on the unconstrained project list.
19 0180:Financially-Constrained Project List
20 This rule gives cities and counties a method to develop a financially-constrained project list. Projects on
21 the financially-constrained project list are the planned projects to be considered for further project
22 development,funding, and construction.The financially-constrained list of projects in the local
23 transportation system plan will inform the federally required regional transportation plan.The
24 financially-constrained list will also be the only projects that may be assumed as"reasonably likely"
25 when considering if an amendment to a comprehensive plan or land use regulation has a "significant
26 effect"on the transportation system.
27 The financially-constrained list must result in equitable outcomes, demonstrate a reduction in per-capita
28 vehicle miles traveled, and support meeting targets set against a range of performance measures.
29 (1) Cities and counties shall include a financially-constrained project list in a transportation system
30 plan. Cities and counties shall use the prioritized unconstrained project list developed as provided
31 in OAR 660-012-0170 and the amount of funding available developed as provided in OAR 660-
32 012-0115 to produce the financially-constrained project list.
33 (2) Cities, counties,Metro, and the state may only develop, fund, and construct projects on the
34 financially-constrained project list.
35 (a) Cities and counties may only submit projects on the financially-constrained project list in
36 their transportation system plan to the financially-constrained list of a federally-required
37 regional transportation plan.
38 (b) Cities and counties may permit projects on the unconstrained project list but not on the
39 financially-constrained list to be constructed if the project is built by a property owner as
40 a requirement of land development and the project would not require review as provided
41 in OAR 660-012-0830.
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1 (3) Cities and counties shall create a financially-constrained project list using the top available
2 projects on the prioritized unconstrained project list and the planning-level cost estimates
3 developed as provided in OAR 660-012-0170. The sum of the planning-level cost estimates for
4 projects placed on the financially-constrained project list shall not exceed 125 percent of the
5 funding available as identified in OAR 660-012-0115. Cities and counties shall select projects
6 such that the resulting financially-constrained list would:
7 (a) Reduce per capita vehicle miles traveled, as provided in OAR 660-012-0160;
8 (b) Burden underserved populations less than and benefit underserved populations as much
9 or more as the city or county population as a whole; and
10 (c) Make significant progress towards meeting the performance targets set for each
11 performance measure as provided in OAR 660-012-0910 or OAR 660-044-0110.
12 (4) If the list of projects cannot meet each test in section(3),the city or county must adjust the
13 project list to find the highest-ranking set of projects that can meet the criteria in section(3). This
14 is the financially-constrained project list.
15 (5) Cities or counties making a major or minor amendment to the transportation system plan as
16 provided in OAR 660-012-0105 which includes an update to any project list, shall update the
17 financially-constrained project list as provided in this rule.
18 (6) Cities and counties shall prioritize the implementation of projects from the financially-
19 constrained project list for their ability to reduce climate pollution and improve equitable
20 outcomes using the criteria provided in section(3)of this rule.
21 0190: Transportation System Refinement Plans
22 This rule provides cities and counties with the opportunity to defer some decisions that would otherwise
23 be made in a transportation system plan to a later refinement planning process.This rule is largely
24 based on existing language within the Transportation Planning Rules, in OAR 660-012-0025.
25 (1) A city or county may,when adopting a major update to the transportation system plan as
26 provided in OAR 660-012-0105, defer decisions regarding function, general location, and mode
27 of a refinement plan if findings are adopted that:
28 (a) Identify the transportation need for which decisions regarding function,general location,
29 or mode are being deferred;
30 (b) Demonstrate why information required to make final determinations regarding function,
31 general location, or mode cannot reasonably be made available within the time allowed
32 for preparation of the transportation system plan;
33 (c) Explain how deferral does not invalidate the assumptions upon which the transportation
34 system plan is based or preclude implementation of the remainder of the transportation
35 system plan;
36 (d) Describe the nature of the findings which will be needed to resolve issues deferred to a
37 refinement plan; and
38 (e) Set a deadline for adoption of a refinement plan.
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1 (2) Where a Corridor Environmental Impact Statement(EIS) is prepared pursuant to the requirements
2 of the National Environmental Policy Act of 1969,the development of the refinement plan shall
3 be coordinated with the preparation of the Corridor EIS. The refinement plan shall be adopted
4 prior to the issuance of the Final EIS.
5 0200:Temporary Projects
6 This rule makes clear that certain temporary or pilot projects need not be included in the transportation
7 system plan to be implemented.These are expected to be short-term trials or temporary fixes in
8 advance of a plan update.
9 (1) Notwithstanding any other part of this division,an operator of a transportation facility may
10 undertake a temporary project to change streets,roads, or highways consistent with this rule,
11 without specific inclusion in a project list in a transportation system plan.
12 (2) Temporary projects may include:
13 (a) Temporary projects to convert areas dedicated to existing on-street parking or general-
14 purpose travel lanes to pedestrian facilities, areas, or plazas;bicycle facilities; or transit
15 lanes.
16 (b) Temporary projects to implement a pilot program to price facilities for motor vehicles on
17 a street or highway. This rule does not restrain any parking pricing or parking
18 management activities.
19 (c) Temporary transportation projects to provide basic transportation network connectivity
20 and function after a major emergency impacting the transportation system to a significant
21 degree.
22 (3) Temporary projects as provided in this rule may be in place until the end of the planning period.
23 Projects extending past this duration must be adopted into the transportation system plan.
24 0210:Transportation Modeling and Analysis
25 This rule sets requirements for how cities and counties use transportation modeling and analysis to
26 make land use decisions.
27 (1) A city or county relying on transportation models or mathematical analysis of the transportation
28 system to make a land use decision shall do so consistently with this rule.
29 (2) The model or analysis must account for changes in vehicle miles traveled per capita that would
30 result from any transportation projects proposed as a part of the land use decision.
31 (3) The assumptions and inputs used with the modeling or analysis must be consistent with
32 acknowledged plans.
33 (4) The land use decision must not increase vehicle miles traveled per capita.
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1 0215: Transportation Performance Standards
2 This rule provides a framework for how decisions are made using transportation performance standards.
3 These include decisions made about transportation system planning, reviewing comprehensive plan and
4 land use regulation amendments, and in the local review of development proposals.
5 Currently many, but not all, decisions have relied heavily on performance standards related to motor
6 vehicle congestion. This rule ensures that decisions take all modes and a wider variety of values into
7 account.These values include equity, reducing climate pollution, safety, accessibility, reliability, and
8 mobility.
9 (1) This rule applies to transportation performance standards that cities and counties use to review
10 comprehensive plan and land use regulation amendments as provided in OAR 660-012-0060. If a
11 city or county requires applicants to analyze transportation impacts as part of development review
12 in acknowledged local land use regulations,then that review must include evaluation of the
13 performance standards established under this rule. This rule applies to transportation performance
14 standards that Metro uses to review functional plan amendments as provided in OAR 660-012-
15 0060.
16 (2) Cities and counties shall adopt transportation performance standards. The transportation
17 performance standards must support meeting the targets for performance measures provided in
18 OAR 660-012-0910. The transportation performance standards must include these elements:
19 (3) Characteristics of the transportation system that will be measured,estimated, or projected, and the
20 methods to calculate their performance;
21 (4) Thresholds to determine whether the measured, estimated, or projected performance meets the
22 performance standard. Thresholds may vary by facility type,location, or other factors. Thresholds
23 shall be set at the end of the planning period,time of development,or another time; and
24 (5) Findings for how the performance standard supports meeting the targets for performance
25 measures provided in OAR 660-012-0910.
26 (6) Cities,counties,Metro, and state agencies shall adopt two or more transportation performance
27 standards.At least one of the transportation performance standards must support increasing
28 transportation options and avoiding principal reliance on the automobile. The transportation
29 system plan must clearly establish how to apply the multiple performance standards to a proposal
30 that meets some,but not all, of the transportation performance standards. The transportation
31 performance standards must evaluate at least two of the following objectives for the
32 transportation system, for any or all modes of transportation:
33 (a) Reducing climate pollution;
34 (b) Equity;
35 (c) Safety;
36 (d) Network connectivity;
37 (e) Accessibility;
38 (f) Efficiency;
39 (g) Reliability; and
40 (h) Mobility.
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1 New Rules 0300-0360: Coordinated Land Use and Transportation Planning
2 The Transportation Planning Rules are, at their heart, a guide for local governments to make
3 coordinated plans for both land use and their transportation system.This part of the Transportation
4 Planning Rules focus on land use requirements, including requirements for climate friendly areas.
5 These rules, as provided in draft rule 660-012-0011, only apply in metropolitan areas.
6 0300:Coordinated Land Use and Transportation System Planning
7 This rule contains general provisions for cities and counties within metropolitan areas in how they
8 accomplish coordinated land use and transportation planning.
9 (1) Cities and counties shall coordinate land use and transportation plans.
10 (2) Cities and counties shall,if applicable, adopt and implement climate friendly areas as provided in
11 OAR 660-012-0310.
12 (3) Cities and counties shall adopt and implement the applicable land use requirements as provided in
13 OAR 660-012-0330.
14 (4) Cities and counties shall,in the development of transportation plans,use the land use assumptions
15 developed as provided in OAR 660-012-0340.
16 (5) Cities and counties shall develop a list of key destinations, as provided in OAR 660-012-0360.
17 0310:Climate Friendly Areas
18 This rule describes the locational requirements for the designation of climate friendly areas.The rule
19 sets out some basic standards for which areas should and should not be considered for designation as a
20 climate friendly area.
21 (1) Cities and counties shall study and zone climate friendly areas for locations that meet the
22 following requirements.
23 (a) Locations able to support development consistent with the land use requirements of OAR
24 660-012-0320.
25 (b) The locations shall be in existing or planned urban centers, including downtowns,
26 neighborhood centers,transit-served corridors, or similar districts. To the extent
27 practicable, climate friendly areas should be located in close proximity to areas planned
28 for, or provided with,high density residential uses and a high concentration of
29 employment opportunities.
30 (c) The locations shall be in areas that are served, or planned for service,by high quality
31 pedestrian,bicycle, and transit services.
32 (d) The locations shall not be in areas where development is not allowed under authority of
33 Statewide Planning Goal 7. Climate friendly areas may be designated in areas subject to
34 Statewide Planning Goal 7 if the local government has adopted requirements for
35 development that will mitigate potential hazards to life and property.
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1 (e) Cities may designate climate friendly areas within the urban growth boundary,but
2 outside the city limits boundary,if the following requirements are met:
3 (A) The area is contiguous with the city limits boundary;
4 (B) The provision of urban services is contingent upon annexation into the city limits
5 and the area is readily serviceable with urban water, sewer, stormwater,and
6 transportation. "Readily serviceable"means that urban infrastructure services are
7 nearby and could be provided to allow construction on the site within one year of
8 an application for a building permit;
9 (C) The zoning that will be applied upon annexation,based on the city's
10 comprehensive plan designation for the area, is consistent with climate friendly
11 area requirements;
12 (D) The county in which the subject area is located has adopted a consistent
13 comprehensive plan designation for the area; and
14 (E) The city can demonstrate that at least 70 percent of complete annexation
15 applications within the last five years have been approved within one year of the
16 date of complete annexation application.
17 (f) Climate friendly areas shall have a minimum width of 750 feet, including any internal
18 rights of way that may be unzoned. Exceptions to these minimum dimensional
19 requirements are allowed due to natural barriers, such as rivers; or due to long-term
20 barriers in the built environment, such as freeways. Exceptions are also allowed if
21 potential climate friendly areas are constrained by adjacent areas planned and zoned to
22 meet industrial land needs.
23 (2) Cities and counties outside Metro with a population of more than 5,000 within an urban growth
24 boundary shall designate climate friendly areas. Counties with planning jurisdiction in
25 unincorporated areas provided with urban water, sanitary sewer, stormwater, and transportation
26 services within an identified urban growth boundary shall coordinate with the respective city or
27 cities to address climate friendly area requirements for those areas. Areas under county
28 jurisdiction outside urban growth boundaries; or within urban growth boundaries but not provided
29 with urban water, sanitary sewer, stormwater, and transportation services; are not subject to this
30 rule.
31 (3) Cities and counties outside Metro shall designate climate friendly areas as they cross the
32 population thresholds in subsections (a)and(b). City population is as determined by the most
33 recently certified Portland State University Population Research Center population estimate.
34 Compliance timelines are based upon the date of the certification of the population estimate.
35 County population within an urban growth boundary may be calculated by interpolating Portland
36 State University Population Research Center's population forecast for the area within an urban
37 growth boundary,then subtracting the certified city population estimate from the total population
38 within the urban growth boundary for the current year.
39 (a) A city or county with a population within an urban growth boundary exceeding 5,000
40 shall designate climate friendly areas as provided in OAR 660-012-0315 within two years
41 of reaching a population exceeding 5,000.
42 (b) A city or a county with a population exceeding 10,000 within an urban growth boundary
43 shall designate climate friendly areas as provided in OAR 660-012-0315 within two years
44 of reaching a population exceeding 10,000. The city or county shall maintain sufficient
45 lands within climate friendly areas as their population grows, as provided in OAR 660-
46 012-0315. For cities also subject to OAR 660-008-0045, compliance with this
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1 requirement shall be demonstrated in each Housing Capacity Analysis following the
2 initial designation of climate friendly areas. Land use requirements for climate friendly
3 areas shall be established concurrent or prior to the adoption of the Housing Capacity
4 Analysis as provided in OAR 660-012-0320. Counties subject to this rule shall coordinate
5 with cities to address climate friendly area requirements within an urban growth
6 boundary.
7 (4) If a city or county outside Metro have not designated sufficient climate friendly areas as provided
8 in this rule,the commission may:
9 (a) Initiate periodic review for the subject local government to address the requirement; or
10 (b) Issue an enforcement order to the local government,consistent with ORS 197.646.
11 0315:Designation of Climate Friendly Areas
12 This rule describes the process to be followed for cities and counties to study potential climate friendly
13 areas, including consideration for, and mitigation of, potential inequitable impacts that might result
14 from CFA designation, such as the displacement of underserved populations.The rule also describes
15 requirements for the adoption of zoning regulations and comprehensive plan amendments for climate
16 friendly areas.
17 (1) The designation of climate friendly areas refers to the process of studying potential climate
18 friendly areas and adopting land use requirements and climate friendly elements into
19 comprehensive plans, as provided in this rule. Cities and counties subject to the requirements of
20 OAR 660-012-0310(2)with a population of 10,000 or more shall designate climate friendly areas
21 sufficient to accommodate at least 30 percent of the total identified number of housing units
22 necessary to meet all current and future housing needs by calculating zoned building capacity as
23 provided in section(2), or using an alternative methodology as provided in OAR 660-012-
24 0320(10). The total number of housing units necessary to meet all current and future housing
25 needs shall be determined from the local government's most recent adopted and acknowledged
26 housing capacity analysis,by adding the total number of existing dwelling units identified in the
27 buildable land inventory to the anticipated number of future needed housing units over the
28 planning period. A local government may use a similar methodology to determine total housing
29 needs if lacking an adopted and acknowledged housing capacity analysis,and may rely on most
30 current US Census data to determine the number of existing housing units within an incorporated
31 area,if lacking other data sources. A local government may designate one or several climate
32 friendly areas to accommodate at least 30 percent of housing units.
33 (2) Cities and counties subject to section(1) shall calculate the housing unit capacity within climate
34 friendly areas, as follows:
35 (a) Regardless of existing development in a climate friendly area, determine the potential
36 square footage of zoned building capacity for each net developable area based on existing
37 or anticipated development standards within the climate friendly area,including
38 applicable setbacks, allowed building heights, open space requirements, on-site parking
39 requirements,and similar regulations.Within developed areas with no blocks greater than
40 5.5 acres, analysis of net developable areas may be conducted for each city block,
41 without regard to property boundaries within the block. Within areas bounded by streets
42 of 5.5 acres or more,the local government shall assume the same ratio of total land area
43 to net land area as that which exists in the most fully developed urban center.
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1 (b) Where the local government has not established a maximum building height,assumed
2 building height shall be 85 feet.For the purpose of calculating zoned building capacity,
3 cities and counties may assume the following number of floors within multistory
4 buildings,based on allowed building heights:
5 (A) Fifty feet allows for four floors.
6 (B) Sixty feet allows for five floors.
7 (C) Eighty-five feet allows for seven floors.
8 (c) If a local government allows height bonuses above the maximum building heights used
9 for calculations in subsection(b)of this rule,the local government may include 25
10 percent of that additional zoned building capacity when the bonuses:
11 (A) Allow building heights above the minimums established in OAR 660-012-0320(8);
12 and,
13 (B) Allow height bonuses for publicly-subsidized housing serving households with an
14 income of 80 percent or less of the area median household income, or height bonuses
15 for the construction of accessible dwelling units, as defined in OAR 660-008-
16 0050(4)(a),in excess of minimum requirements.
17 (d) Local governments shall assume that residential dwellings will occupy 30 percent of the
18 zoned building capacity calculated in subsections (a), (b), and(c)within climate friendly
19 areas.
20 (e) Local governments shall assume an average dwelling unit size of 900 square feet. Local
21 governments shall use the average dwelling unit size to convert the square footage of
22 zoned residential building capacity calculated in subsection(d)into an estimate of the
23 number of dwelling units that may be accommodated in the climate friendly area.
24 (3) Cities and counties subject to the requirements of OAR 660-012-0310 with a population of more
25 than 5,000 but less than 10,000 shall designate at least 25 acres of land as climate friendly area,as
26 provided in sections (4), (5), and(6).
27 (4) Cities and counties must submit a study of potential climate friendly areas to the department as
28 provided in this rule. The study of potential climate friendly areas shall include the following
29 information:
30 (a) Maps showing the location and size of all potential climate friendly areas. Cities and
31 counties shall use the study process to identify the most promising area or areas to be
32 chosen as climate friendly areas but are not required to subsequently adopt and zone each
33 studied area as a climate friendly area.
34 (b) Cities and counties subject to section(1)shall provide preliminary calculations of zoned
35 residential building capacity and resultant residential dwelling unit capacity within each
36 potential climate friendly area consistent with section(2), or using an alternative
37 methodology as provided in OAR 660-012-0320(10),and using land use requirements
38 within each climate friendly area as provided in OAR 660-012-0320. Potential climate
39 friendly areas must be cumulatively sized and zoned to accommodate at least 30 percent
40 of the total identified number of housing units as provided in section(1).
41 (c) A community engagement plan for the designation of climate friendly areas,including
42 the process to adopt associated amendments to the comprehensive plan and zoning code,
43 consistent with the requirements of OAR 660-012-0120 through 660-012-0130 and
44 including an engagement-focused equity analysis as provided in OAR 660-012-0135(3).
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1 (d) Analysis of how each potential climate friendly area complies, or may be brought into
2 compliance,with the requirements of OAR 660-012-0310(1).
3 (e) A preliminary evaluation of existing development standards within the potential climate
4 friendly area(s) and a general description of any changes necessary to comply with the
5 requirements of OAR 660-012-0320.
6 (f) Plans for achieving fair and equitable housing outcomes within climate friendly areas, as
7 identified in OAR 660-008-0050(4)(a)-(f). Analysis of OAR 660-008-0050(4)(f) shall
8 include analysis of spatial and other data to determine if the rezoning of potential climate
9 friendly areas would be likely to displace residents who are members of state and federal
10 protected classes. The local government shall also identify actions that may be employed
11 to mitigate or avoid potential displacement.
12 (5) Cities and counties shall submit climate friendly area study reports required in section(4).
13 Following submittal,the department shall review reports as follows:
14 a. Within 30 days of receipt of the report,the department shall:
15 (A) Post a complete copy of the submitted report on the department's website along
16 with a statement that any person may file a written comment regarding the
17 submitted report no more than 21 days after the posting of the report.
18 (B) Provide notice to persons described under ORS 197.615(3)(a), directing them to
19 the posting described in paragraph(A)and informing them that they may file a
20 written comment regarding the submitted report no more than 21 days after the
21 posting of the report.
22 b. Within 60 days of posting of the report on the department's website,the depailiuent shall
23 provide written comments to the local government regarding the report information and
24 the progress made to identify suitable climate friendly areas. The depaitiiient shall also
25 provide the local government with any written comments submitted by interested
26 persons, as provided in subsection(a).
27 (6) Cities and counties must adopt land use requirements as provided in OAR 660-012-0320, and
28 climate friendly elements to their comprehensive plans.Adoption of land use requirements and
29 the climate friendly element of the comprehensive plan shall include the following:
30 (a) Cities and counties subject to section(1) shall provide maps showing the location of all
31 climate friendly areas,including calculations to demonstrate that climate friendly areas
32 contain sufficient zoned residential building capacity to accommodate 30 percent of total
33 housing units as provided in section(2),or using an alternative methodology as provided
34 in OAR 660-012-0320(10), and based on adopted land use requirements in these areas as
35 provided in OAR 660-012-0320. Cities and counties subject to section(3) shall provide
36 maps showing the location of the climate friendly area. The local government shall
37 include findings containing the information and analysis required in section(4) for any
38 climate friendly areas that were not included in the initial study specified in section(4).
39 (b) Documentation of the number of total existing dwelling units, accessible dwelling units,
40 and income-restricted dwelling units within all climate friendly areas.Where precise data
41 is not available,local governments may provide estimates based on best available
42 information.
43 (c) Documentation that all adopted and applicable land use requirements for climate friendly
44 areas are consistent with the provisions of OAR 660-012-0320.
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1 (d) Adoption of a climate friendly element into the comprehensive plan containing findings
2 and analysis summarizing the local government climate friendly area designation
3 decision process and demonstration of compliance with the provisions of OAR 660-012-
4 0310 through 660-012-0325. Additionally, adopted findings shall include:
5 (A) Identification of all ongoing and newly-added housing production strategies the
6 local government shall use to promote the development of affordable housing in
7 climate friendly areas. The local government may use the Housing Production
8 Strategy Guidance for Cities to review and identify potential strategies,as
9 provided in OAR 660-008-0050(3). These strategies shall be incorporated into
10 future housing production strategy reports, as provided in OAR chapter 660,
11 division 8.
12 (B) Identification of all ongoing and newly-added housing production strategies the
13 local government shall use to prevent the displacement of members of state and
14 federal protected classes in climate friendly areas. Findings shall include a
15 description of how the strategies will be implemented based on consideration of
16 identified neighborhood typologies and the most effective measures to prevent
17 displacement based on typology. The local government may use the Housing
18 Production Strategy Guidance for Cities,along with the depat liuent's"Anti-
19 Displacement and Gentrification Toolkit"to identify the most effective measures
20 to prevent displacement based on neighborhood typologies. These strategies shall
21 be incorporated into future housing production strategy reports, as provided in
22 OAR chapter 660, division 8.
23 (7) For cities and counties identified in section(1),the information provided in compliance with
24 subsections(6)(b) and(d) shall provide a basis for subsequent Housing Production Strategy
25 Reports to assess progress towards fair and equitable housing production goals in climate friendly
26 areas, as provided in OAR 660-008-0050(4)(a).
27 0320:Land Use Requirements in Climate Friendly Areas
28 This rule describes development codes and other land use requirements cities and counties must adopt
29 for climate friendly areas. The rule includes a set of basic requirements that must apply to all CFAs and
30 then provides a prescriptive set of regulations that may be adopted, or alternatively, allows for a local
31 government to apply different regulations if able to demonstrate that existing or proposed development
32 standards will result in equal or better results than the prescriptive standards.
33 (1) Cities and counties shall incorporate the requirements in sections(2)through(7)of this rule into
34 policies and development regulations that apply in all climate friendly areas. Cities and counties
35 shall either incorporate the provisions in section(8)into development regulations for climate
36 friendly areas, or shall demonstrate with adopted findings and analysis that alternative
37 development regulations for climate friendly areas will result in equal or higher levels of
38 development in climate friendly areas as provided in section(9). If adopting more than one
39 climate friendly area, a city or county may demonstrate compliance with either section(8)or
40 section(9)for each climate friendly area,provided that all requirements for each respective
41 climate friendly area are met.
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1 (2) Except as noted in subsection(a)and section(3), development regulations for a climate friendly
2 area shall allow single use or mixed-use development within individual buildings or on
3 development sites, including the following outright permitted uses:
4 (a) Multifamily residential and attached single-family residential. Other residential building
5 types may be allowed, subject to compliance with applicable minimum density
6 requirements,or alternative land use requirements as provided in section(9)of this rule.
7 Local governments may require ground floor commercial and office uses within
8 multifamily residential buildings.
9 (b) Office-type uses.
10 (c) Non-auto dependent retail, services,and other commercial uses.
11 (d) Child care, schools, and other public uses, including public-serving government facilities.
12 (3) Portions of abutting residential or employment-oriented zoned areas within a half-mile walking
13 distance of a mixed-use area zoned as provided in section(1)may count towards climate friendly
14 area requirements, if in compliance with subsections (a) or(b).Notwithstanding existing
15 development,zoned residential building capacity shall be calculated for the abutting areas based
16 on allowed building heights and existing development standards in these areas, as provided in
17 OAR 660-012-0315(2)or using an alternative methodology as provided in OAR 660-012-
18 0320(10). Residential and employment densities for abutting areas shall correspond to the climate
19 friendly area type,provided in subsections(8)(a), (b),or(c)or(9)(a),(b),or(c).If subsections(a)
20 or(b) are met,no changes to existing zoning or development standards are required for these
21 areas.
22 (a) Residential areas with minimum residential densities or existing residential development
23 equal to or greater than the densities provided in section(8); or
24 (b) Existing employment uses equal to or greater than the number of jobs per acre provided
25 in section(9).
26 (4) Local governments shall prioritize locating government facilities that provide direct service to the
27 public within climate friendly areas and shall prioritize locating parks,open space,plazas, and
28 similar public amenities in or near climate friendly areas that do not contain sufficient parks, open
29 space,plazas,or similar public amenities. Local governments shall amend comprehensive plans
30 to reflect these policies,where necessary. Streetscape requirements in climate friendly areas shall
31 include street trees and other landscaping,where feasible.
32 (5) Local governments shall establish maximum block length standards as provided below. For the
33 purpose of this rule, a development site consists of the total site area proposed for development,
34 absent previously dedicated rights-of-way,but including areas where additional right-of-way
35 dedication may be required.
36 (a) For development sites less than 5.5 acres in size, a maximum block length of 500 feet or
37 less. Where block length exceeds 350 feet, a public pedestrian through-block easement
38 shall be provided to facilitate safe and convenient pedestrian connectivity in climate
39 friendly areas. Substantial redevelopment of sites of two acres or more within an existing
40 block that does not meet the standard shall provide a public pedestrian accessway
41 allowing direct passage through the development site such that no pedestrian route will
42 exceed 350 feet along any block face. Local governments may grant exceptions to street
43 and accessway requirements as provided in OAR 660-012-0330(2).
44 (b) For development sites of 5.5 acres or more, a maximum block length of 350 feet or less.
45 Local governments may grant exceptions to street requirements as provided in OAR 660-
46 012-0330(2).
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1 (6) Development regulations may not include a maximum density limitation.
2 (7) Local governments shall adopt policies and development regulations in climate friendly areas that
3 implement the following:
4 (a) The transportation review process in OAR 660-012-0325;
5 (b) The land use requirements as provided in OAR 660-012-0330;
6 (c) The applicable parking requirements as provided in OAR 660-012-0435; and
7 (d) The applicable bicycle parking requirements as provided in OAR 660-012-0630.
8 (8) Local governments shall adopt either the following provisions into development regulations for
9 climate friendly areas, or the requirements in section(9). Local governments are not required to
10 enforce the minimum residential densities below for mixed-use buildings(buildings that contain
11 residential units, as well as office, commercial, or other non-residential uses)if the mixed-use
12 buildings meet a minimum floor area ratio of 2.0.A floor area ratio is the ratio of the gross floor
13 area of all buildings on a development site, excluding areas within buildings that are dedicated to
14 vehicular parking and circulation, in proportion to the net area of the development site on which
15 the buildings are located.A floor area ratio of 2.0 would indicate that the gross floor area of the
16 building was twice the net area of the site. Local governments are not required to enforce the
17 minimum residential densities below for redevelopment that renovates and adds residential units
18 within existing buildings,but that does not add residential units outside the existing exterior of
19 the building.
20 (a) Local governments with a population of 5,000 to 24,999 shall adopt the following
21 development regulations for climate-friendly areas:
22 (A) A minimum residential density requirement of 15 dwelling units per net acre; and
23 (B) Maximum building height no less than 50 feet.
24 (b) Local governments with a population of 25,000 to 49,999 shall adopt the following
25 development regulations for at least one climate-friendly area with a minimum area of 25
26 acres. Additional climate friendly areas may comply with the following standards or the
27 standards in subsection(a).
28 (A) A minimum residential density requirement of 20 dwelling units per net acre; and
29 (B) Maximum building height no less than 60 feet.
30 (c) Local governments with a population of 50,000 or more shall adopt the following
31 development regulations for at least one climate friendly area with a minimum area of 25
32 acres. Additional climate friendly areas may comply with the following standards or the
33 standards in subsections(a)or(b):
34 (A) A minimum residential density requirement of 25 dwelling units per net acre; and
35 (B) Maximum building height no less than 85 feet.
36 (9) As an alternative to adopting the development regulations in section(8),local governments may
37 demonstrate with adopted findings and analysis that their adopted development regulations for
38 climate friendly areas will result in equal or higher levels of development in climate friendly
39 areas,per the target residential and employment levels in subsections(a)—(c). The local
40 government must demonstrate that the alternative development regulations will consistently and
41 expeditiously allow for the levels of development described below:
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1 (a) Local governments with a population of 5,000 to 24,999 shall adopt development
2 regulations in climate friendly areas to enable development of at least 20 dwelling units
3 and 20 jobs per net acre.
4 (b) Local governments with a population of 25,000 to 49,999 shall adopt development
5 regulations for at least one climate friendly area of at least 25 acres to enable
6 development of at least 30 dwelling units and 30 jobs per net acre.Additional climate
7 friendly areas may comply with this standard or with the standard in subsection(a).
8 (c) Local governments with a population of 50,000 or more shall adopt development
9 regulations for at least one climate friendly area of at least 25 acres to enable
10 development of at least 40 dwelling units and 40 jobs per net acre.Additional climate
11 friendly areas may comply with this standard or with the standard in subsections(a) or
12 (b).
13 (10) A local government using the alternative provisions in section(9)may provide an alternative
14 methodology for zoned residential building capacity calculations that differs from OAR 660-012-
15 0315(2). The methodology must clearly describe all assumptions and calculation steps,and must
16 demonstrate that the methodology provides an equal or better system for determining the zoned
17 residential building capacity within climate friendly areas. The alternative methodology shall be
18 supported by studies of development activity in the region,market studies, or similar research and
19 analysis.
20 0325:Transportation Review in Climate Friendly Areas
21 This rule describes how local governments review changes to comprehensive plans and land use
22 regulations in climate friendly areas.The rule requires an interim multimodal plan when the climate
23 friendly area is implemented.
24 (1) Cities or counties shall use this rule to review amendments to comprehensive plans or land use
25 regulations within a climate friendly area designated as provided in OAR 660-012-0315 and in
26 Region 2040 Centers designated in Title 6 of Metro's Urban Growth Management Functional
27 Plan. Cities and counties shall use this rule to review land use decisions made to implement OAR
28 660-012-0310 through OAR 660-012-0320. Cities and counties are exempt from requirements as
29 provided in OAR 660-012-0060 when reviewing amendments to comprehensive plans or land use
30 regulations within a designated climate friendly area and in Region 2040 Centers designated in
31 Title 6 of Metro's Urban Growth Management Functional Plan.
32 (2) Cities and counties making amendments to comprehensive plans or land use regulations to meet
33 requirements as provided in OAR 660-012-0320 must either:
34 (a) Update the transportation system plan as provided in OAR 660-012-0105 and include a
35 multimodal transportation gap summary as provided in section(3)of this rule,
36 considering the proposed land uses in the climate friendly area; or
37 (b) Develop and adopt a multimodal transportation gap summary in coordination with
38 impacted transportation facility providers and transportation service providers as
39 provided in section(3)to meet requirements in OAR 660-012-0320.
40 (3) A multimodal transportation gap summary must be coordinated between the local jurisdiction,
41 transportation facility providers,and transportation services providers to consider multimodal
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1 transportation needs in each climate friendly area as provided in OAR 660-012-0320. The
2 multimodal transportation gap summary must include:
3 (a) A summary of the existing multimodal transportation network within the climate friendly
4 area;
5 (b) A summary of the gaps in the pedestrian and bicycle networks in the climate friendly
6 area,including gaps needed to be filled for people with disabilities,based on the
7 summary of the existing multimodal transportation network;
8 (c) If applicable as provided in section(4), a highway impacts summary as provided in
9 section(5); and
10 (d) A list of proposed projects to fill multimodal network gaps identified in subsection(b).
11 (4) A city or county shall include a highway impacts summary in the multimodal transportation gap
12 summary if the designated climate friendly area as provided in OAR 660-012-0315 contains a
13 ramp terminal intersection, state highway,interstate highway, or adopted ODOT Facility Plan.
14 (5) A highway impacts summary must identify how the transportation system may be affected by
15 implementation of the climate friendly area. The highway impacts summary must include:
16 (a) A summary of the existing and proposed development capacity of the climate friendly
17 area based on the proposed changes to the comprehensive plan and land use regulations;
18 (b) A summary of the additional motor vehicle traffic generation that may be expected in the
19 planning period, considering reductions for expected complementary mixed-use
20 development, additional multimodal options, and assuming meeting goals for reductions
21 in vehicle miles traveled per capita; and
22 (c) A summary of traffic-related deaths and serious injuries within the climate friendly area
23 in the past five years.
24 (6) Cities and counties making amendments to the adopted land use regulations identified under
25 section(2), shall adopt findings including a highway impacts summary as provided in section(5)
26 if:
27 (a) A city or county is reviewing a plan amendment within one-quarter mile of a ramp
28 terminal intersection,adopted Interchange Area Management Plan area, or adopted
29 ODOT Facility Plan area, or;
30 (b) The city or county is reviewing a plan amendment that would be reasonably likely to
31 result in increasing traffic on the state facility that exceeds the small increase in traffic
32 defined in the Oregon Highway Plan adopted by the Oregon Transportation Commission.
33 (7) Cities and counties shall provide notice of proposed adoption of a multimodal transportation gap
34 summary or a revised highway impacts summary to ODOT and other affected transportation
35 facility or service providers prior to submitting notice as provided in OAR 660-018-0020.
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1 0330:Land Use Requirements
2 These land use requirements apply to cities and counties within metropolitan areas and have to do with
3 how land use interacts with the transportation system. Many of these requirements are in the existing
4 rule OAR 660-012-0045, particularly requirements having to do with pedestrian access,site design
5 requirements, and the requirements in section (8) of the rule. However,this rule extends and adds to
6 the existing requirements.These requirements apply across the urban area and are in addition to the
7 climate friendly area specific requirements in those areas.
8 The rule requires local governments to provide for pedestrian-friendly and connected neighborhoods;
9 for commercial and mixed-use districts to be oriented towards pedestrians and transit,to place limits on
10 auto-oriented land uses; some additional requirements for larger cities; and to have protections for
11 existing and future transportation facilities.
12 (1) Cities and counties shall implement plans and land use regulations to support compact,
13 pedestrian-friendly,mixed-use land use development patterns in urban areas. Land use
14 development patterns must support access by people using pedestrian,bicycle,and public
15 transportation networks.
16 (2) Cities and counties may allow exemptions to provisions in this rule when conditions on a site
17 would make those provisions prohibitively costly or impossible to implement. Any allowed
18 exemption shall modify the provisions of this rule by the minimum amount necessary based on
19 site conditions, and advance the purposes of this rule to the extent practical. Conditions that may
20 provide for an exemption include,but are not limited to:
21 (a) Topography or natural features;
22 (b) Railroads,highways, or other permanent barriers;
23 (c) Lot or parcel size, orientation, or shape;
24 (d) Available access;
25 (e) Existing or nonconforming development;
26 (f) To provide for accessibility for people with disabilities; or
27 (g) Other site constraints.
28 (3) Cities and counties shall have land use regulations that provide for pedestrian-friendly and
29 connected neighborhoods. Land use regulations must meet the following requirements for
30 neighborhood design and access:
31 (a) Neighborhoods shall be designed with connected networks of streets,paths,accessways,
32 and other facilities to provide circulation within the neighborhood and pedestrian and
33 bicycle system connectivity to adjacent districts. A connected street network is desirable
34 for motor vehicle traffic but may be discontinuous where necessary to limit excessive
35 through-travel, or to protect a safe environment for walking,using mobility devices, and
36 bicycling in the neighborhood.
37 (b) Neighborhoods shall be designed with direct pedestrian access to key destinations as
38 provided in OAR 660-012-0360 via pedestrian facilities.
39 (c) Cities and counties shall set block length and block perimeter standards at distances that
40 will provide for pedestrian network connectivity. Cities and counties may allow alleys or
41 public pedestrian facilities through a block to be used to meet a block length or perimeter
42 standard.
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1 (d) Cities and counties shall set standards to reduce out-of-direction travel for people using
2 the pedestrian or bicycle networks.
3 (4) Cities and counties shall have land use regulations in commercial and mixed-use districts that
4 provide for a compact development pattern,easy ability to walk or use mobility devices, and
5 allow direct access on the pedestrian,bicycle, and public transportation networks. Commercial or
6 mixed-use site design land use regulations must meet the following requirements:
7 (a) Primary pedestrian entrances to buildings shall be oriented to a public pedestrian facility
8 and be accessible to people with mobility disabilities. An uninterrupted accessway,
9 courtyard,plaza, or other pedestrian-oriented space must be provided between primary
10 pedestrian entrances and the public pedestrian facility, except where the entrance opens
11 directly to the pedestrian facility. All pedestrian entrances shall be designed to be barrier-
12 free.
13 (b) No vehicular parking,circulation,access,display, or loading shall be permitted on-site
14 between buildings and public pedestrian facilities. Bicycle parking may be permitted.
15 (c) On-site accessways shall be provided to directly connect key pedestrian entrances to
16 public pedestrian facilities,to any on-site parking,and to adjacent properties, as
17 applicable.
18 (d) Any pedestrian entrances facing an on-site parking lot must be secondary to primary
19 pedestrian entrances as required in this section. Primary pedestrian entrances for uses
20 open to the public must be open during business hours.
21 (e) Large sites must be designed with a connected network of public pedestrian facilities to
22 meet the requirements of this section.
23 (f) Development on sites adjacent to a transit stop or station on a priority transit corridor
24 shall be oriented to the transit stop or station. The site design must provide a high level of
25 pedestrian connectivity and amenities adjacent to the stop or station. Cities and counties
26 shall establish standards to provide for transit infrastructure where needed if there is
27 inadequate space in the existing right of way.
28 (g) Development standards shall be consistent with bicycle parking requirements in OAR
29 660-012-0630.
30 (h) This section does not apply to districts with a predominantly industrial character.
31 (5) Cities and counties shall have land use regulations in residential neighborhoods that provide for
32 slow neighborhood streets comfortable for families, efficient and sociable development patterns,
33 and provide for connectivity within the neighborhood and to adjacent districts. Cities and counties
34 must adopt land use regulations to meet these objectives, including but not limited to those related
35 to setbacks,lot size and coverage,building orientation,and access.
36 (6) Cities and counties shall have land use regulations that ensure auto-oriented land uses are
37 compatible with a community where it is easy to walk or use a mobility device. Auto-oriented
38 land uses include uses related to the operation, sale,maintenance, or fueling of motor vehicles,
39 and uses where the use of a motor vehicle is accessory to the primary use, including drive-
40 through uses. Land use regulations must meet the following requirements:
41 (a) Auto-oriented land uses must provide safe and convenient access opportunities for people
42 walking,using a mobility device, or riding a bicycle. Ease of access to goods and services
43 must be equivalent to or better than access for people driving a motor vehicle.
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1 (b) Outside of climate friendly areas, cities and counties may provide for exemptions to this
2 rule in cases where an auto-oriented land use cannot reasonably meet the standards of this
3 rule. Standards developed in cases of an exemption must protect pedestrian facilities.
4 (7) Cities and counties with an urban area over 100,000 in population must have reasonable land use
5 regulations that allow for development of low-car districts. These districts must be developed
6 with no-car or low-car streets,where walking or using mobility devices are the primary methods
7 of travel within the district. Cities and counties must make provisions for emergency vehicle
8 access and local freight delivery. Low-car districts must be allowed in locations where residential
9 or mixed-use development is authorized.
10 (8) Cities and counties must implement land use regulations to protect transportation facilities,
11 corridors,and sites for their identified functions. These regulations must include,but are not
12 limited to:
13 (a) Access control actions consistent with the function of the transportation facility,
14 including but not limited to driveway spacing,median control,and signal spacing;
15 (b) Standards to protect future construction and operation of streets,transitways,paths, and
16 other transportation facilities;
17 (c) Standards to protect public use airports as provided in OAR 660-013-0080;
18 (d) Processes to make a coordinated review of future land use decisions affecting
19 transportation facilities, corridors, or sites;
20 (e) Processes to apply conditions to development proposals in order to minimize impacts and
21 protect transportation facilities,corridors or sites for all transportation modes;
22 (f) Regulations to provide notice to public agencies providing transportation facilities and
23 services,railroads,Metropolitan Planning Organizations,the Oregon Department of
24 Transportation, and the Oregon Department of Aviation of:
25 (A) Land use applications that require public hearings;
26 (B) Subdivision and partition applications;
27 (C) Other applications which affect private access to roads; and
28 (D) Other applications within airport noise corridors and imaginary surfaces which
29 affect airport operations.
30 (g) Regulations assuring that amendments to land use designations, densities, and design
31 standards are consistent with the functions, capacities and performance standards of
32 facilities identified in the TSP.
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1 0340:Land Use Assumptions
2 This rule describes how cities and counties make assumptions about the future development of the
3 urban area,for purposes of transportation planning.These assumptions are based on the required
4 population forecasts,existing comprehensive plans and land use regulations, and other provisions in the
5 Transportation Planning Rules.These assumptions are used to help make coordinated land use and
6 transportation plans. However,these rules are distinct from the process cities are to use to evaluate
7 residential land needs,which is referenced in OAR 660-008-0010(2).
8 (1) Future land use assumptions developed under this rule are for the purposes of transportation
9 planning. These land use assumptions are distinct from those used to plan for residential land
10 needs as provided in ORS 197.296.
11 (2) A city,county,or Metro must develop and adopt future land use assumptions consistent with this
12 rule when preparing a transportation system plan, or zoning a climate friendly area or Region
13 2040 center as provided in OAR 660-012-0325.
14 (3) Future land use assumptions must be developed for future years, including but not limited to the
15 planning horizon year of the transportation system plan, and a common horizon year for all
16 jurisdictions within the metropolitan area.
17 (4) Future land use assumptions must be consistent with the most recent final population forecast as
18 provided in OAR 660-032-0020, or OAR 660-032-0030, as applicable.
19 (5) Future land use assumptions must assume existing acknowledged comprehensive plan
20 designations and policies, and existing land use regulations remaining in force throughout the
21 planning period; except where these designations,policies, or regulations are superseded by
22 statute or rule. Future land use assumptions must assume existing acknowledged urban growth
23 boundaries throughout the planning period.
24 (6) Where applicable,future land use assumptions must allocate growth assumptions for employment
25 and housing within climate friendly areas as provided in OAR 660-012-0320 before allocating
26 growth to other parts of the city or county.
27 (7) Future land use assumptions must be developed at a sufficient level of detail to understand where
28 future development is expected.
29 0350: Urban Growth Boundary Expansions
30 This rule includes requirements for local jurisdictions to ensure they are being consistent with
31 coordinated transportation planning requirements when proposing to expand an urban growth
32 boundary.The rules provide for requirements prior to undertaking an urban growth boundary
33 expansion, and requirements as part of the process of expanding the urban growth boundary.
34 (1) A city and county must meet the following requirements prior to undertaking an urban growth
35 boundary expansion as provided in OAR 660-024-0020(1)or OAR 660-038-0020(13).
36 (a) The city must have an acknowledged transportation system plan as provided in OAR
37 660-012-0100. If the county has responsibility for planning in urban unincorporated areas
38 as provided in OAR 660-012-0110,the county must also have an acknowledged
39 transportation system plan for the urban area as provided in OAR 660-012-0100.
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1 (b) The city and county must have submitted all regular reports as provided in OAR 660-
2 012-0900 and have had each report approved by order as provided in OAR 660-012-
3 0915.
4 (c) The city and county must have designated climate friendly areas as provided in OAR
5 660-012-0315 and must demonstrate compliance with OAR 660-008-0010(2).
6 (d) The city and county must have adopted land use regulations as provided in OAR 660-
7 012-0330.
8 (2) A city and county must meet the following requirements as part of the urban growth boundary
9 expansion process as provided in OAR 660-024-0020(1)or OAR 660-038-0020(13).
10 (a) Lands otherwise of the same level of priority category for an urban growth boundary
11 expansion as provided in OAR 660-024-0067 or OAR 660-038-0170 may be prioritized
12 by determining the potential level of access to existing urban pedestrian,bicycle,and
13 transit networks, and the ability of those networks to be extended to the candidate areas
14 for expansion as part of the evaluation of the boundary location factors of Goal 14.
15 (b) Transportation system planning assumptions developed to make decisions about an urban
16 growth boundary expansion must be consistent with performance targets set under OAR
17 660-012-0910.
18 (c) Transportation system planning assumptions developed to make decisions about an urban
19 growth boundary expansion may not assume the construction of any facility required to
20 be reviewed as provided in OAR 660-012-0830 if the proposed facility has not been
21 authorized.
22 (d) The city and county must determine if the designation of additional lands as part of
23 climate friendly areas will be required to meet the targets for households within these
24 areas,as provided in OAR 660-012-0310.
25 (3) Where an urban growth boundary is intended to follow an existing or planned street,road, or
26 highway right-of-way,the boundary shall be placed on the rural side of the right-of-way or
27 planned right-of-way, so that the right-of-way is inside the urban growth boundary.
28 (4) Cities and counties with areas added to an urban growth boundary after the effective date of this
29 rule,where the requirements of OAR 660-012-0060 are not applied at the time of urban growth
30 boundary amendment as provided in OAR 660-024-0020 or OAR 660-038-0020,must update the
31 land use assumptions as provided in OAR 660-012-0340 prior to an update of the transportation
32 system plan as provided in OAR 660-012-0105.
33 0360:Key Destinations
34 This rule lists key destinations for use in coordinated transportation and land use planning.These are
35 important places for all people to be able to access to meet daily needs and participate in society.
36 (1) Cities and counties shall use best available data to identify key destinations for purposes of
37 coordinated land use and transportation planning. Key destinations are destinations described in
38 this rule,as well as other destinations determined locally that are expected to attract a higher than
39 average rate of pedestrian,bicycle,or transit trips.
40 (2) Key destinations include,but are not limited to:
41 (a) Climate friendly areas;
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1 (b) Pedestrian-oriented commercial areas outside of climate friendly areas;
2 (c) Transit stations, stops, and terminals;
3 (d) Retail and service establishments, including grocery stores;
4 (e) Child care facilities, schools, and colleges;
5 (f) Parks,recreation centers,paths,trails, and open spaces;
6 (g) Farmers markets;
7 (h) Libraries, government offices, community centers, arts facilities,post offices, social
8 service centers, and other civic destinations;
9 (i) Medical or dental clinics and hospitals;
10 (j) Major employers;
11 (k) Gyms and health clubs;
12 (1) Major sports or performance venues; and
13 (m) Other key destinations determined locally.
14 New Rules 0400-0450: Parking
15 This part of the Transportation Planning Rules relates to how cities and counties address and manage
16 parking.The rules follow current best practice and move cities and counties away from one-size-fits-all
17 mandates for developers to build a large amount of costly and land-intensive off-street parking, towards
18 more targeted management strategy.This approach provides more deference to builders and property
19 owners to provide parking for the diversity of development types as the market dictates.
20 These rules, as provided in draft rule 660-012-0011, only apply in metropolitan areas.
21 0400:Parking Management
22 This rule directs jurisdictions to implement climate-friendly and equitable parking reform rules by
23 improving parking codes and removing mandated parking associated with development or providing
24 alternative climate-friendly measures.
25 (1) Cities and counties shall adopt comprehensive plans and land use regulations that implement
26 provisions of OAR 660-012-0405 through OAR 660-012-0415.
27 (2) Cities and counties shall remove parking mandates as directed under OAR 660-012-0420. In lieu
28 of removing parking mandates, cities and counties may amend their comprehensive plans and
29 land use regulations to implement the provisions of OAR 660-012-0425, OAR 660-012-0430,
30 OAR 660-012-0435, OAR 660-012-0440, OAR 660-012-0445, and OAR 660-012-0450.
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1 0405:Parking Regulation Improvements
2 This rule works to give priority parking to those carpooling or vanpooling. It aims to encourage the
3 conversion of parking lots to higher uses, and to encourage shared parking.
4 It also aims to reduce the negative externalized impacts of large parking lots such as heat island effects
5 and reduced walkability. It works to make large parking lots more pedestrian-friendly, and to address
6 some of the heat island effects through tree canopy. It aims to mitigate the climate impacts of driving
7 and parking through either increased clean energy or increased tree canopy.
8 This rule carries forward past TPR language requiring parking maximums in "appropriate locations."
9 (1) Cities and counties shall adopt land use regulations as provided in this section:
10 (a) Designated employee parking areas in new developments shall provide preferential
11 parking for carpools and vanpools;
12 (b) Property owners shall be allowed to redevelop any portion of existing off-street parking
13 areas for bicycle-oriented and transit-oriented facilities,including bicycle parking,bus
14 stops and pullouts,bus shelters,park and ride stations,and similar facilities; and
15 (c) In applying subsections(a) and(b),land use regulations must allow property owners to
16 go below existing mandated minimum parking supply, access for emergency vehicles
17 must be retained, and adequate parking for truck loading should be considered.
18 (2) Cities and counties shall adopt policies and land use regulations that allow and encourage the
19 conversion of existing underused parking areas to other uses.
20 (3) Cities and counties shall adopt policies and land use regulations that allow and facilitate shared
21 parking.
22 (4) Cities and counties shall adopt land use regulations for any new development that includes more
23 than one-quarter acre of surface parking on a lot or parcel as provided below:
24 (a) Developments must provide one of the following:
25 (A) Installation of solar panels with a generation capacity of at least 0.5 kilowatt per
26 parking space on the property. Panels may be located anywhere on the property.
27 In lieu of installing solar panels on site, cities may allow developers to pay
28 $1,500 per parking space in the development into a city or county fund dedicated
29 to equitable solar or wind energy development or a fund at the Oregon
30 Department of Energy designated for such purpose;
31 (B) Actions to comply with OAR 330-135-0010; or
32 (C) Tree canopy covering at least 50 percent of the parking lot at maturity but no
33 more than 15 years after planting.
34 (b) Developments must provide street trees along driveways but are not required to provide
35 them along drive aisles; and
36 (c) Developments must provide street-like design and features along driveways including
37 curbs,pedestrian facilities,and buildings built up to pedestrian facilities.
38 (d) Development of a tree canopy plan under this section shall be done in coordination with
39 the local electric utility,including pre-design, design,building and maintenance phases.
40 (e) In providing trees under subsections (a),(b)and(c),the following standards shall be met.
41 The tree spacing and species planted must be designed maintain a continuous canopy.
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1 Local codes must provide clear and objective standards to achieve such a canopy. Trees
2 must be planted and maintained to maximize their root health and chances for survival,
3 including having ample high-quality soil, space for root growth, and reliable irrigation
4 according to the needs of the species. Trees should be planted in continuous trenches
5 where possible. The city or county shall have minimum standards for planting and tree
6 care no lower than 2021 American National Standards Institute A300 standards,and a
7 process to ensure ongoing compliance with tree planting and maintenance provisions.
8 (5) Cities and counties shall establish off-street parking maximums in appropriate locations, such as
9 downtowns,designated regional or community centers, and transit-oriented developments.
10 0410:Electric Vehicle Charging
11 This rule works to encourage new buildings to install electrical conduit to support electric vehicle
12 charging.
13 As buildings are 80 to 100 year structures,and Oregon is aiming to have 90%of new vehicles be EVs by
14 2035, it is critical to install conduit as buildings are built.The rule requires more spaces to be served
15 than in ORS 455.417.
16 (1) Cities shall ensure new development supports electric vehicle charging pursuant to amendments
17 to the state building code adopted pursuant to ORS 455.417.
18 (2) As authorized in ORS 455.417(4), for new multifamily residential buildings with five or more
19 residential dwelling units,and new mixed-use buildings consisting of privately owned
20 commercial space and five or more residential dwelling units,cities shall require the provision of
21 electrical service capacity,as defined in ORS 455.417,to accommodate 40 percent of all vehicle
22 parking spaces.
23 0415:Parking Maximums and Evaluation in More Populous Communities
24 This rule calls for parking maximums in specific areas where car-dominant development would
25 undermine pedestrian-friendliness and other goals, and sets limits on how high parking maximums can
26 be.
27 It also calls on Oregon's most populous three cities to manage on-street parking to ensure availability,to
28 explore options to building new parking garages, and to ensure new parking garages can have active
29 uses on the ground floor.
30 (1) Cities with populations over 100,000, counties with populations over 100,000 outside city limits
31 but within the urban growth boundary, and cities with populations over 25,000 within Metro,
32 shall set parking maximums in climate-friendly areas and in regional centers and town centers,
33 designated under the Metro Title 6, Centers, Corridors, Station Communities and Main Streets,
34 Adopted Boundaries map. Those cities and counties shall also set parking maximums on lots or
35 parcels within the transit corridors and rail stop areas listed in OAR 660-012-0440.
36 (a) Parking maximums shall be no higher than 1.2 off-street parking spaces per studio unit
37 and two off-street parking spaces per non-studio residential unit in a multi-unit
38 development in climate friendly areas and within one-half mile walking distance of
39 priority transit corridors. These maximums shall include visitor parking;
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1 (b) Parking maximums shall be no higher than five spaces per 1,000 square feet of floor
2 space for all commercial and retail uses other than automobile sales and repair, eating and
3 drinking establishments, and entertainment and commercial recreation uses;
4 (c) For land uses with more than 65,000 square feet of floor area, surface parking may not
5 consist of more area than the floor area of the building;
6 (d) In setting parking maximums, cities and counties shall consider setting maximums equal
7 to or less than 150 percent of parking mandates in their adopted land use regulations in
8 effect as of January 1,2020.A city or county that sets a higher parking maximum must
9 adopt findings for doing so. In no case shall the city or county exceed the limits in
10 subsections(a)through(c)in climate friendly areas and for developments on parcels or
11 lots within one-half mile of transit corridors and three-quarters mile of rail transit stops
12 listed in OAR 660-012-0440; and
13 (e) Non-surface parking, such as tuck-under parking,underground and subsurface parking,
14 and parking structures may be exempted from the calculations in this section.
15 (2) Cities with populations over 200,000 shall, in addition to the requirements in section(1) of this
16 rule:
17 (a) Study the use of priced on-street timed parking spaces in those areas subject to OAR 660-
18 012-0435 or 660-012-0440. This study shall be conducted every three years or more
19 frequently. Cities shall adjust prices to ensure availability of on-street parking spaces at
20 all hours. This shall include all spaces in the city paid by minutes,hours,or day but need
21 not include spaces where a longer-term paid residential permit is required;
22 (b) Use time limits or pricing to manage on-street parking spaces in an area at least one year
23 before authorizing any new structured parking on city-owned land including more than
24 100 spaces in that area after March 31,2023;
25 (c) Adopt procedures ensuring prior to approval of construction of additional structured
26 parking projects of more than 300 parking spaces designed to serve existing uses,
27 developer of that parking structure must implement transportation demand management
28 strategies for a period of at least six months designed to shift at least 10 percent of
29 existing vehicle trips ending within one-quarter mile of the proposed parking structure to
30 other modes; and
31 (d) Adopt design requirements requiring applicants to demonstrate that the ground floor of
32 new private and public structured parking that fronts a public street and includes more
33 than 100 parking spaces would be convertible to other uses in the future,other than
34 driveways needed to access the garage.
35 0420:Exemption for Communities without Parking Mandates
36 This clarifies the remainder of the 0400 parking series of rules apply only to those communities choosing
37 to continue to mandate parking.
38 (1) Cities and counties that adopt land use regulations that do not include parking mandates are
39 exempt from OAR 660-012-0425 through OAR 660-012-0450.
40 (2) Cities and counties that retain land use regulations with parking mandates shall conform with
41 OAR 660-012-0425 through OAR 660-012-0450.
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1 0425:Reducing the Burden of Parking Mandates
2 This rule allows builders to meet parking mandates by a variety of approaches, including taking action to
3 reduce climate pollution.
4 (1) Cities and counties shall adopt and enforce land use regulations as provided in this section:
5 (a) Garages and carports may not be required for residential developments;
6 (b) Garage parking spaces shall count towards off-street parking mandates;
7 (c) Provision of shared parking shall be allowed to meet parking mandates;
8 (d) Required parking spaces may be provided off-site,within 2,000 feet pedestrian travel of a
9 site. If any parking is provided on site,required parking for parking for people with
10 disabilities shall be on site. If all parking is off-site,parking for people with disabilities
11 must be located within the shortest possible distance of an accessible entrance via an
12 accessible path and no greater than 200 feet from that entrance;
13 (e) Parking mandates shall be reduced by one off-street parking space for each three
14 kilowatts of capacity in solar panels or wind power that will be provided in a
15 development;
16 (f) Parking mandates shall be reduced by one off-street parking space for each dedicated car-
17 sharing parking space in a development. Dedicated car-sharing parking spaces shall count
18 as spaces for parking mandates;
19 (g) Parking mandates shall be reduced by two off-street parking spaces for every electric
20 vehicle charging station provided in a development; and
21 (h) Parking mandates shall be reduced by one off-street parking space for every two units in
22 a development above minimum requirements that are fully accessible to people with
23 mobility disabilities.
24 (2) Any reductions under section(1) shall be cumulative and not capped.
25 (3) Cities and counties that opt to retain parking mandates under OAR 660-012-0420 shall require the
26 parking for multi-family residential units in the areas in OAR 660-012-0440 be unbundled
27 parking.
28 0430:Reduction of Parking Mandates for Development Types
29 This rule reduces parking mandates for housing,following the trend in planning practice and previous
30 Commission rulemaking on traditional missing middle housing types.The rule works to reduce
31 regulatory burdens for developing certain types of needed development, such as childcare facilities.
32 (1) Cities and counties may not require more than one parking space per unit in residential
33 developments with more than one unit.
34 (2) Cities and counties may not require parking for the following development types:
35 (a) Facilities and homes designed to serve people with psychosocial,physical,intellectual or
36 developmental disabilities, including but not limited to a: residential care facility,
37 residential training facility,residential treatment facility,residential training home,
38 residential treatment home, and conversion facility as defined in ORS 443.400;
39 (b) Childcare facility as defined in ORS 329A.250;
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1 (c) Single-room occupancy housing;
2 (d) Residential units smaller than 750 square feet;
3 (e) Affordable housing as defined in OAR 660-039-0010;
4 (f) Publicly supported housing as defined in ORS 456.250;
5 (g) Emergency and transitional shelters for people experiencing homelessness; and
6 (h) Domestic violence shelters.
7 0435:Parking Reform in Climate Friendly Areas
8 This rule encourages parking reform in climate-friendly areas (and their Metro-area equivalent), which
9 tend to have lower demand for parking, and are targeted for more pedestrian-friendly development
10 patterns.
11 (1) Cities and counties shall adopt land use regulations addressing parking mandates in climate
12 friendly areas as provided in OAR 660-012-0310. Cities and counties in Metro shall adopt land
13 use regulations addressing parking mandates in regional centers and town centers designated
14 under the Metro Title 6, Centers, Corridors, Station Communities and Main Streets,Adopted
15 Boundaries map. In each such area,cities and counties shall either:
16 (a) Remove all parking mandates within the area and on parcels in its jurisdiction that
17 include land within one-quarter mile distance of those areas; or
18 (b) Manage parking by:
19 (A) Adopting a parking benefit district with paid on-street parking and some
20 revenues dedicated to public improvements in the area;
21 (B) Adopting land use amendments to require no more than one-half off-street
22 parking space per dwelling unit in the area; and
23 (C) Adopting land use regulations without parking mandates for commercial
24 developments.
25 (2) Cities and counties that opt to retain parking mandates under OAR 660-012-0400(2) shall require
26 the parking for multi-family residential units in the areas listed in section(1)be unbundled
27 parking.
28 0440:Parking Reform near Transit Corridors
29 This rule encourages parking reform near transit corridors and stops,where parking demand tends to be
30 lower, and are areas targeted for more pedestrian-friendly development patterns.
31 (1) Cities and counties may not require parking spaces for developments on a lot or parcel within
32 three-quarters mile of rail transit stops.
33 (2) Cities and counties may not enforce parking mandates for developments within one-half mile of
34 frequent transit corridors, including:
35 (a) Priority transit corridors designated under OAR 660-012-0710;
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1 (b) Bus service arriving with a scheduled frequency of at least four times an hour during
2 peak service; and
3 (c) The most frequent transit route or routes in the community if the scheduled frequency is
4 at least once per hour during peak service.
5 (3) Cities and counties may use either walking distance or straight-line distance in measuring
6 distances under sections(1)and(2).
7 0445:Parking Management Alternative Approaches
8 For those communities not repealing parking mandates,this rule provides two options for improved
9 parking management: a fair parking policy approach, or a reduced regulation approach.
10 (1) In lieu of adopting land use regulations without parking mandates under OAR 660-012-0420,
11 cities and counties shall select and implement either a fair parking policy approach as provided in
12 subsection(a), or a reduced regulation parking management approach as provided in subsection
13 (b).
14 (a) A fair parking policy approach shall include at least three of the following five
15 provisions:
16 (A) A requirement that parking spaces for each residential unit in developments that
17 include five or more leased or sold residential units on a lot or parcel be
18 unbundled parking. Cities and counties may exempt townhouse and rowhouse
19 development from this requirement;
20 (B) A requirement that parking spaces serving leased commercial developments be
21 unbundled parking;
22 (C) A requirement for employers of 50 or more employees who provide free or
23 subsidized parking to their employees at the workplace provide a flexible
24 commute benefit of$50 per month or the fair market value of that parking,
25 whichever is greater,to those employees eligible for that free or subsidized
26 parking who regularly commute via other modes instead of using that parking;
27 (D) A tax on the revenue from commercial parking lots collecting no less than 10
28 percent of income,with revenues dedicated to improving transportation
29 alternatives to drive-alone travel; and
30 (E) A reduction of parking mandates for new multifamily residential development to
31 no higher than one-half spaces per unit, including visitor parking.
32 (b) A reduced regulation parking management approach shall include all of the following:
33 (A) A repeal of all parking mandates within one-half mile pedestrian travel of climate
34 friendly areas;
35 (B) A repeal of parking mandates for transit-oriented development and mixed-use
36 development;
37 (C) A repeal of parking mandates for group quarters,including but not limited to
38 dormitories,religious group quarters,adult care facilities,retirement homes,and
39 other congregate housing;
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1 (D) A repeal of parking mandates for studio apartments,one-bedroom apartments
2 and condominiums in residential developments of five or more units on a lot or
3 parcel;
4 (E) A repeal of parking mandates for change of use of,or redevelopment of,
5 buildings vacant for more than two years. Cities and counties may require
6 registration of a building as vacant two years prior to the waiving of parking
7 mandates;
8 (F) A repeal of requirements to provide additional parking for change of use or
9 redevelopment;
10 (G) A repeal of parking mandates for expansion of existing businesses by less than
11 30 percent of a building footprint;
12 (H) A repeal of parking mandates for buildings within a National Historic District, on
13 the National Register of Historic Places, or on a local inventory of historic
14 resources or buildings;
15 (I) A repeal of parking mandates for commercial properties that have fewer than ten
16 on-site employees or 3,000 square feet floor space;
17 (J) A repeal of parking mandates for developments built under the Oregon
18 Residential Reach Code;
19 (K) A repeal of parking mandates for developments seeking certification under any
20 Leadership in Energy and Environmental Design(LEED)rating system, as
21 evidenced by either proof of pre-certification or registration and submittal of a
22 complete scorecard;
23 (L) A repeal of parking mandates for schools;
24 (M) A repeal of parking mandates for bars and taverns;
25 (N) Setting parking maximums consistent with OAR 660-012-0415(1),
26 notwithstanding populations listed in that section; and
27 (0) Designation of at least one residential parking district or parking benefit district
28 where on-street parking is managed through permits,payments, or time limits.
29 (2) Cities and counties may change their selection between subsections (1)(a) and(b)at any time.
30 0450:Parking Management in More Populous Communities
31 The rule aims to ensure populous communities better understand and manage their existing on-street
32 parking supply before requiring new parking. It is phased in via a schedule provided in OAR 660-012-
33 0012.
34 (1) Cities with populations over 100,000 shall either:
35 (a) Adopt land use regulations without parking mandates; or
36 (b) Price at least 10 percent of on-street parking spaces,and report the percentage of on-
37 street parking spaces that are priced as provided in OAR 660-012-0900. Residential
38 parking permits priced at lower than$15 per month, 50 cents per day per space, or
39 equivalent amounts do not count towards this total.
40 (2) Cities may change their selection made between subsections(1)(a)or(b)at any time.
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1 New Rules 0500-0520: Pedestrian System
2 This part of the Transportation Planning Rules relates to planning for the pedestrian system.The
3 pedestrian system is intended to serve people walking, as well as people using mobility devices or other
4 vehicles that operate at a pedestrian speed and scale. Larger and faster vehicles are served through the
5 bicycle system.
6 These rules, as provided in draft rule 660-012-0011, only apply in metropolitan areas.
7 0500:Pedestrian System Planning
8 This rule is the umbrella rule that describes how cities must plan for their pedestrian transportation
9 system. Cities and counties must plan for a pedestrian system that provides safe and comfortable access
10 for most trips under one mile.
11 (1) Transportation system plans must include a pedestrian system element that meets the
12 requirements of this rule. For the purposes of this division,the pedestrian system is intended to
13 serve people walking,mobility devices, or other devices that operate at a similar speed and scale
14 as people walking. The pedestrian system is intended to serve most short trips under one mile in
15 cities.
16 (2) A pedestrian system element must include the following elements:
17 (a) The complete pedestrian system as described in section(3) of this rule that includes the
18 full buildout of the pedestrian system within the urban growth boundary;
19 (b) Identification of gaps and deficiencies in the pedestrian system as described in section
20 (4);
21 (c) Locations of key pedestrian destinations as described in OAR 660-012-0360; and
22 (d) A list of prioritized pedestrian system projects as described in OAR 660-012-0520.
23 (3) The complete pedestrian system is the full buildout of a complete pedestrian system within the
24 planning area.A city or county determines the complete pedestrian system plan by:
25 (a) Using the pedestrian system inventory developed under OAR 660-012-0505 as a base;
26 (b) Adding the minimum pedestrian facilities to places that do not presently meet the
27 minimum pedestrian system requirements in OAR 660-012-0510; and
28 (c) Adding enhanced facilities above the minimum pedestrian system requirements where the
29 city or county finds that enhanced facilities are necessary or desirable to meet the goals of
30 the jurisdiction's comprehensive plan.
31 (4) Cities and counties shall identify gaps and deficiencies in the pedestrian system by comparing the
32 complete pedestrian system plan with the pedestrian system inventory developed under OAR
33 660-012-0505. Cities or counties must include any part of the complete pedestrian system not
34 presently built to the standard in the complete pedestrian system plan as a gap or deficiency.
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1 0505:Pedestrian System Inventory
2 This rule describes how cities must inventory their pedestrian system.
3 (1) Pedestrian system inventories must include information on pedestrian facilities and street
4 crossings for all areas within climate friendly areas,within Metro Region 2040 centers,within
5 one-quarter mile of all schools, and along all arterials and collectors. Pedestrian system
6 inventories must also include information on all pedestrian facilities, including shared use paths.
7 (a) Inventories of pedestrian facilities must include information on width and condition.
8 (b) Inventories of street crossings must include crossing distances,the type of crossing,
9 closed crossings,curb ramps, and distance between crossings.
10 (2) Pedestrian system inventories must include the crash risk factors of inventoried pedestrian
11 facilities,including but not limited to speed,volume, and roadway width. Pedestrian system
12 inventories must also include the location of all reported injuries and deaths of people walking or
13 using a mobility device. This must include all reported incidents from the most recent five years
14 prior of available data prior to the year of adoption of the pedestrian system inventory.
15 0510:Pedestrian System Requirements
16 This rule provides the minimum requirements for the planned pedestrian system. Cities may choose to
17 exceed the standards in this rule.
18 (1) This rule describes the minimum planned pedestrian facilities that must be included in plans.
19 Cities and counties may choose to exceed the requirements in this rule.
20 (2) Pedestrian facility owners must design,build,and maintain pedestrian facilities to allow
21 comfortable travel for all people,including people with disabilities.
22 (3) All streets and highways,other than expressways, shall have pedestrian facilities, as provided in
23 ORS 366.514.
24 (a) Pedestrian facilities must be planned for both sides of each street.
25 (b) Cities shall plan for enhanced pedestrian facilities such as wide,protected sidewalks and
26 pedestrian zones, such as plazas,in the following contexts:
27 (A) Along high volume or high-speed streets;
28 (B) In climate friendly areas and Metro Region 2040 centers;
29 (C) In areas with concentrations of underserved populations.
30 (c) A substantial portion of the right-of-way in climate friendly areas and Metro Region 2040
31 centers must be dedicated to pedestrian uses, including but not limited to sidewalks,
32 pedestrian plazas,and protective buffers.
33 (d) Cities shall plan for enhanced tree canopy and other infrastructure that uses natural and
34 living materials in pedestrian spaces in climate friendly areas,Metro Region 2040
35 centers, and areas with concentrations of underserved populations.
36 (4) Off-street multi-use paths must be designed to permit comfortable joint or separated use for
37 people walking,using mobility devices, and cycling. Separated areas for higher speeds and low
38 speeds shall be provided when there is high anticipated use of the path.
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1 (5) Enhanced crossings are pedestrian facilities to cross streets or highways that provide a high level
2 of safety and priority to people crossing the street. Enhanced crossings must have adequate
3 nighttime illumination to see pedestrians from all vehicular approaches. Enhanced crossings must
4 be provided, at minimum,in the following locations:
5 (a) Closely spaced along arterial streets in climate friendly areas and Metro Region 2040
6 centers;
7 (b) Near transit stops on local access priority arterial segments,or collector streets in a
8 climate friendly area or Metro Region 2040 center,or on a priority transit corridor;
9 (c) At off-street path crossings; and
10 (d) In areas with concentrations of underserved populations.
11 (6) Cities may take exemptions to the requirements in this rule through findings in the transportation
12 system plan, for each location where an exemption is desired, for the following reasons:
13 (a) A city may plan for a pedestrian facility on one side of local streets in locations where
14 topography or other barriers would make it difficult to build a pedestrian facility on the
15 other side of the street,or where existing and planned land uses make it unnecessary to
16 provide pedestrian access to the other side of the street. Street crossings must be provided
17 near each end of sections where there is a pedestrian facility on only one side of the
18 street.
19 (b) A city or county may plan for no dedicated pedestrian facilities on very slow speed local
20 streets that are sufficiently narrow, and carry little or no vehicular traffic, so that
21 pedestrians are the primary users of the street.
22 0520:Pedestrian System Projects
23 This rule guides cities in determining the list of pedestrian system projects.
24 (1) Cities and counties shall develop a list of pedestrian system projects that would address all the
25 gaps and deficiencies in the pedestrian system identified by the city under OAR 660-012-0500(4).
26 (2) Cities and counties shall develop pedestrian project prioritization factors that are able to sort the
27 list of pedestrian system projects into a prioritized list of pedestrian system projects. Cities must
28 develop pedestrian project prioritization factors by engaging underserved populations as provided
29 in OAR 660-012-0130.
30 (3) Cities and counties shall use the following factors when prioritizing pedestrian system projects:
31 (a) Pedestrian system investments in climate friendly areas and Metro Region 2040 centers;
32 (b) Pedestrian system investments in areas with concentrations of underserved populations;
33 (c) Pedestrian system investments in areas with pedestrian safety risk factors such as
34 roadways with high speeds and high traffic volumes;
35 (d) Pedestrian system investments in areas with reported crashes involving pedestrian serious
36 injuries and deaths;
37 (e) Pedestrian system investments that provide access to key pedestrian destinations as
38 provided in OAR 660-012-0360;
39 (f) Pedestrian system investments that will connect to, fill gaps in, and expand the existing
40 pedestrian network;
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1 (g) Pedestrian system investments that prioritize pedestrian travel consistent with the
2 prioritization factors in OAR 660-012-0155; and
3 (h) Where applicable,pedestrian system investments that implement a scenario plan
4 approved by order as provided in OAR 660-044-0120.
5 (4) The transportation system plan must include a description of the prioritization factors and method
6 of prioritizing pedestrian projects used to develop the prioritized list of pedestrian system
7 projects.
8 New Rules 0600-0630: Bicycle System
9 This part of the Transportation Planning Rules relates to planning for a safe, accessible, and connected
10 bicycle system. The bicycle system is intended to serve people riding bicycles, as well as people using
11 other types of vehicles that operate at a bicycle speed and scale. These rules also include updated
12 requirements for bicycle parking.
13 These rules, as provided in draft rule 660-012-0011, only apply in metropolitan areas.
14 0600:Bicycle System Planning
15 This rule, and subsequent rules, describe how cities must plan for a safe, accessible, and connected
16 bicycle network that serves a variety of users.The rule requires a bicycle system element that provides
17 for a substantial portion of short urban trips under 3 miles to be by bicycle.
18 (1) Transportation system plans must include a bicycle system element that meets the requirements
19 of this rule. The bicycle system must be designed to provide safe and comfortable routes for a
20 range of users and abilities. For the purposes of this division,the bicycle system is intended to
21 serve people riding bicycles and other vehicles that operate at a similar speed and scale to people
22 riding bicycles. These vehicles include,but are not limited to: electric bicycles,kick-style and
23 electric scooters, and skateboards; and do not include motorcycles.
24 (2) A bicycle system element must include the following elements:
25 (a) The complete bicycle system as described in section(3)that includes the full buildout of
26 the bicycle system within the urban growth boundary;
27 (b) Identification of gaps and deficiencies in the bicycle system as described in section (4);
28 (c) Locations of key bicycle destinations as described in OAR 660-012-0360; and
29 (d) A list of prioritized bicycle system projects as described in OAR 660-012-0620.
30 (3) The complete bicycle system is the full buildout of a complete bicycle system within the planning
31 area.A city or county determines the complete bicycle system plan by:
32 (a) Using the bicycle system inventory developed under OAR 660-012-0605 as a base;
33 (b) Adding the minimum bicycle facilities to places that do not presently meet the minimum
34 bicycle system requirements in OAR 660-012-0610; and
35 (c) Adding enhanced facilities above the minimum bicycle system requirements where the
36 city or county finds that enhanced facilities are necessary or desirable to meet the goals of
37 the jurisdiction's comprehensive plan.
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1 (4) Cities and counties shall identify gaps and deficiencies in the bicycle system by comparing the
2 complete bicycle system with the bicycle system inventory developed under OAR 660-012-0605.
3 Cities must include any part of the complete bicycle system not presently built to the standard in
4 the complete bicycle plan as a gap or deficiency.
5 0605:Bicycle System Inventory
6 This rule describes how cities must inventory their bicycle system.The rule requires an inventory of
7 bicycle facilities in key areas, including multi-use paths.
8 (1) Bicycle system inventories must include information on bicycle lanes,bicycle routes, accessways,
9 paths, and other types of bicycle facilities,including pedestrian facilities that may be used by
10 bicycles. Inventories must include information on width,type, and condition.
11 (2) Bicycle system inventories must include information on bicycle facilities of all types within
12 climate friendly areas,within Metro Region 2040 centers,within one-quarter mile of all schools,
13 on bicycle boulevards, and along all arterials and collectors.
14 (3) Bicycle system inventories must include the crash risk factors of inventoried bicycle facilities,
15 including but not limited to speed,volume, separation, and roadway width. Bicycle system
16 inventories must also include the location of all reported injuries and deaths of people on
17 bicycles. This must include all reported incidents from the most recent five years prior of
18 available data prior to the year of adoption of the bicycle system inventory.
19 0610:Bicycle System Requirements
20 This rule includes the minimum requirements for the bicycle system.We expect to build a bicycle system
21 that meets a substantial portion of local travel needs under three miles. Updated requirements ensure
22 cities and counties will plan for higher levels of separation beyond a standard bike lane for people riding
23 bicycles on higher speed and volume roadways.These facilities have been shown to be necessary to
24 allow the widest range of people to safely ride bikes within communities.The rules require the
25 development of connected network of safe bicycle facilities.
26 (1) This rule describes the minimum planned bicycle facilities that must be included in plans. Cities
27 or counties may choose to exceed the requirements in this rule.
28 (2) Cities and counties shall plan for a connected network of bicycle facilities that provides a safe,
29 low stress, direct,and comfortable experience for people of all ages and abilities.All ages and
30 abilities includes:
31 (a) School-age children;
32 (b) People over 65 years old;
33 (c) Women;
34 (d) People of color;
35 (e) Low-income riders;
36 (f) People with disabilities;
37 (g) People moving goods,cargo, or other people; and
38 (h) People using shared mobility services.
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1 (3) A connected network is comprised of both the ability to access key destinations within a
2 community and enough coverage of safe and comfortable facilities to ensure most people within
3 the community can travel by bicycle.
4 (a) Cities and counties must design the connected network to connect to key destinations as
5 provided in OAR 660-012-0360, and to and within each climate friendly area or Metro
6 Region 2040 center.
7 (b) Cities and counties must design the connected network to permit most residents of the
8 planning area to access the connected network with an emphasis on mitigating
9 uncomfortable or unsafe facilities or crossings.
10 (c) The connected network shall consist of connected bicycle facilities including,but not
11 limited to, separated and protected bicycle facilities,bicycle boulevards,and multi-use or
12 bicycle paths. The connected network must include a series of interconnected bicycle
13 facilities and provide direct routes to key destinations. Cities and counties must design
14 comfortable and convenient crossings of streets with high volumes of traffic or high-
15 speed traffic.
16 (4) Cities and counties shall plan and design bicycle facilities considering the context of adjacent
17 motor vehicle facilities and land uses.
18 (a) Cities and counties must design bicycle facilities with higher levels of separation or
19 protection along streets that have higher volumes or speeds of traffic.
20 (b) Cities and counties must plan for separated or protected bicycle facilities on streets in
21 climate friendly areas,Metro Region 2040 centers, and other places with a concentration
22 of destinations. Separated or protected bicycle facilities may not be necessary on streets
23 with very low levels of motor vehicle traffic or where a high-quality parallel bicycle
24 facility on the connected network exists within one block.
25 (c) Cities and counties must identify locations with existing bicycle facilities along high
26 traffic or high-speed streets where the existing facility is not protected or separated, or
27 parallel facilities do not exist. Cities and counties must plan for a transition to appropriate
28 facilities in these locations.
29 (5) Cities and counties shall adopt standards for bicycle system planning and facilities that will result
30 in a safe, low stress, and comfortable experience for people of all ages and abilities. Cities and
31 counties may adopt standards based on:
32 (a) The Urban Bikeway Design Guide, second edition,published by the National Association
33 of City Transportation Officials;
34 (b) Designing for All Ages&Abilities,December 2017,published by the National
35 Association of City Transportation Officials; and
36 (c) The Blueprint for Urban Design,2019,published by the Oregon Department of
37 Transportation.
38 (6) Cities and counties shall use the transportation prioritization framework in OAR 660-012-0155
39 when making decisions about bicycle facilities.
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1 0620:Bicycle System Projects
2 This rule guides cities in determining the list of bicycle system projects.
3 (1) Cities and counties shall develop a list of bicycle system projects that would address all the gaps
4 and deficiencies in the bicycle system identified by the city under OAR 660-012-0600(4).
5 (2) Cities and counties shall develop bicycle project prioritization factors that are able to sort the list
6 of bicycle system projects into a prioritized list of bicycle system projects. Cities must develop
7 bicycle project prioritization factors by engaging underserved populations as provided in OAR
8 660-012-0130.
9 (3) Cities and counties shall use the following factors when prioritizing bicycle system projects:
10 (a) Bicycle system investments in climate friendly areas and Metro Region 2040 centers;
11 (b) Bicycle system investments in areas with concentrations of underserved populations;
12 (c) Bicycle system investments in areas with safety risk factors such as roadways with high
13 speeds and high traffic volumes;
14 (d) Bicycle system investments in areas with reported crashes involving serious injuries and
15 deaths to people riding bicycles;
16 (e) Bicycle system investments that provide access to key bicycle destinations as provided in
17 OAR 660-012-0360;
18 (f) Bicycle system investments system investments that will connect to, fill gaps in, and
19 expand the existing bicycle system network;
20 (g) Bicycle system investments that prioritize bicycle travel consistent with the prioritization
21 factors in OAR 660-012-0155; and
22 (h) Where applicable,bicycle system investments that implement a scenario plan approved
23 by order as provided in OAR 660-044-0120.
24 (4) The transportation system plan must include a description of the prioritization factors and method
25 of prioritizing bicycle projects used to develop the prioritized list of bicycle system projects.
26 0630:Bicycle Parking
27 This rule includes updated requirements for bicycle parking. Existing statewide requirements require
28 bicycle parking for commercial and multi-family land uses.This rule expands this to require covered and
29 secure parking for some uses where longer-term parking is expected, and short-term parking at retail
30 uses,transit facilities, and other key destinations.
31 (1) Cities and counties shall require and plan for adequate parking to meet the increasing need for
32 travel by bicycle and other small-scale mobility devices.
33 (2) Cities and counties shall require covered, secure bicycle parking for all new multifamily
34 development or mixed-use development of four residential units or more, and new office and
35 institutional developments. Such bicycle parking must include at least one bicycle parking space
36 for each residential unit.
37 (3) Cities and counties shall require bicycle parking for all new retail development. Such bicycle
38 parking shall be located within a short distance from the main retail entrance.
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1 (4) Cities and counties shall require bicycle parking for all major transit stations and park-and-ride
2 lots.
3 (5) Cities and counties shall require bicycle parking in climate friendly areas,Metro Region 2040
4 centers, and near key destinations as provided in OAR 660-012-0360.
5 (6) Cities and counties shall allow and provide for parking and ancillary facilities for shared bicycles
6 or other small-scale mobility devices in climate friendly areas,Metro Region 2040 centers, and
7 near key destinations as provided in OAR 660-012-0360.
8 (7) Cities and counties shall require bicycle parking for any land use where off-street motor vehicle
9 parking is mandated. The minimum number of bicycle parking spaces shall be no less than the
10 greater of:
11 a. Twice the number of mandated motor vehicle parking spaces,raised to the power of 0.7,
12 rounded to the next highest whole number; or
13 b. As otherwise provided in this rule.
14 (8) Cities and counties shall ensure that all bicycle parking provided must:
15 (a) Allow ways to secure at least two points on a bicycle;
16 (b) Be installed in a manner to allow space for the bicycle to be maneuvered to a position
17 where it may be secured without conflicts from other parked bicycles,walls, or other
18 obstructions;
19 (c) Be in a location that is convenient and well-lit; and
20 (d) Include sufficient bicycle parking spaces to accommodate large bicycles, including
21 family and cargo bicycles.
22 New Rules 0700-0720: Public Transportation System
23 This part of the Transportation Planning Rules relates to planning for the public transportation system.
24 The public transportation system is intended to serve people riding transit within urban areas, as well as
25 travel within regions or between cities.
26 These rules, as provided in draft rule 660-012-0011, only apply in metropolitan areas.
27 0700:Public Transportation System Planning
28 This rule and subsequent rules describe how cities must plan for their public transportation system.
29 (1) Transportation system plans must include a public transportation system element that meets the
30 requirements of this rule. Cities and counties must work in close cooperation with transit service
31 providers in order to complete the public transportation system element of the transportation
32 system plan.
33 (a) Cities and counties shall coordinate with public transportation service providers to
34 develop the public transportation system plan element.
35 (b) The public transportation system plan element must include elements of the public
36 transportation system that are in the control of the city,county, and coordinating
37 transportation facility owners.
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1 (c) The public transportation system plan element must identify elements of the public
2 transportation system that the city or county will work with transit service providers to
3 realize or improve,including transit priority corridors,transit supportive infrastructure,
4 and stop amenities.
5 (d) Cities and counties must align the public transportation system plan transit element with
6 Transit Development Plans, goals, and other strategic planning documents developed by
7 a transit service provider.
8 (e) Transportation system plans do not control public transportation elements exclusively
9 controlled by transit service providers. These include funding or details of transit service
10 provision, including timetables and routing.
11 (2) A public transportation system element must include the following elements:
12 (a) The complete public transportation system as described in section(3)that includes the
13 full buildout and provision of services of the public transportation system within the
14 urban growth boundary;
15 (b) Identification of gaps and deficiencies in the public transportation system as described in
16 section(4);
17 (c) Locations of key public transportation destinations as described in OAR 660-012-0360;
18 and
19 (d) A list of prioritized public transportation system projects as described in OAR 660-012-
20 0720.
21 (3) The complete public transportation system is the full buildout of a complete public transportation
22 system within the planning area. The city or county determines the complete public transportation
23 system plan by:
24 (a) Using the public transportation system inventory developed under OAR 660-012-0705 as
25 a base; and
26 (b) Adding the minimum public transportation services and facilities to places that do not
27 presently meet the minimum public transportation system requirements in OAR 660-012-
28 0710.
29 (4) Cities and counties shall identify gaps and deficiencies in the public transportation system by
30 comparing the complete public transportation system with the public transportation system
31 inventory developed under OAR 660-012-0705. Cities and counties must include any part of the
32 complete public transportation system not presently built or operated to the standards in the
33 complete public transportation system plan as a gap or deficiency. Cities and counties must
34 identify gaps in the transit supportive facilities provided on priority transit corridors and other
35 transit corridors identified as provided in OAR 660-012-0710. Transit supportive facilities
36 include,but are not limited to:
37 (a) Stations,hubs, stops, shelters, signs, and ancillary features; and
38 (b) Transit priority infrastructure, including signals, queue jumps, and semi-exclusive or
39 exclusive bus lanes or transitways.
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1 0705:Public Transportation System Inventory
2 This rule describes how cities must inventory their public transportation system.
3 (1) The public transportation system inventory must include information on local and intercity transit
4 services, including the location of routes,major stations,transit stops,transitways,transit lanes,
5 transit priority signals,queue jumps,on-route charging, and other transit supportive facilities not
6 otherwise inventoried. The inventory must document which services and facilities are accessible
7 for people with disabilities based on the requirements in the Americans with Disabilities Act, or
8 locally adopted higher standards.
9 (2) The public transportation system inventory must include the identification of existing service
10 characteristics,including frequency and span of service for all services along identified transit
11 priority corridors, serving key destinations, and serving major transit stations.
12 (3) Where local or intercity transit services travel outside of the planning area to other cities,the
13 public transportation system inventory must include the identification of routes connecting to the
14 next nearest cities with a population exceeding 9,000, as well as key destinations and major
15 stations these routes serve.
16 0710:Public Transportation System Requirements
17 This rule includes the minimum requirements for safe, connected, and accessible public transportation
18 system facilities.
19 (1) Cities and counties shall plan for a connected local transit network that serves key destinations as
20 provided in OAR 660-012-0360, and can be accessed by housing and jobs within the planning
21 area. Cities must identify transit corridors,including:
22 (a) Priority transit corridors,which are transit corridors that are planned for the highest levels
23 of regional transit service providing for a wide range of mobility needs; and
24 (b) Other transit corridors,which are planned to carry at least a moderate level of transit
25 service providing for basic mobility needs.
26 (2) Cities and counties shall plan for a range of transit supportive facilities along priority transit
27 corridors and in other locations where transit priority is desired. Cities and counties shall:
28 (a) Coordinate with transit service providers to determine transit priority infrastructure
29 needed on priority transit routes for efficient transit service;
30 (b) Prioritize expedited access for transit vehicles to and from major stops, stations, and
31 terminals; and
32 (c) Consider intercity transit access to stations or terminals.
33 (3) Cities and counties shall plan for safe and accessible transit stops and stations.
34 (a) Along priority transit corridors and other locations where transit priority is desired,cities
35 and counties shall coordinate with transit service providers on the construction of transit
36 supportive facilities. Cities and counties shall allow transit service providers to construct
37 amenities at stops outright,with limited permitting requirements. These amenities include
38 but are not limited to: pedestrian facility repair and extension, signage, lighting,benches,
39 and shelters.
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1 (b) Cities and counties shall limit on-street parking at transit stop locations at the request of a
2 transit service provider.
3 (4) Cities and counties shall coordinate with transit service providers to identify needs for intercity
4 transit services at a level appropriate to the size of the urban area and the size and distance of
5 intercity markets.
6 (5) Cities and counties shall coordinate with transit service providers to identify gaps in transit
7 service provided in the transportation system plan, and gaps for each priority transit corridor and
8 other transit corridors.
9 (6) Cities and counties with an urban area of less than 10,000 population need not plan for priority
10 transit corridors.
11 0720:Public Transportation System Projects
12 This rule guides cities in determining the list of public transportation projects.
13 (1) Cities and counties shall develop a list of public transportation projects that would address all the
14 gaps and deficiencies in the public transportation system identified by the city under OAR 660-
15 012-0700(4).
16 (2) Cities and counties shall coordinate with transit service providers to identify the gaps in transit
17 service provided in the transportation system plan and those identified in a land use and
18 transportation scenario plan as provided in OAR 660-044-0110 or in the Statewide Transportation
19 Strategy as adopted by the Oregon Transportation Commission, including the gap in transit miles
20 per capita,and gaps for each priority transit corridor and other transit corridors. The purpose of
21 identifying these gaps is to illustrate the need for transit service operating funds for services
22 operated within the planning area. The transportation system plan need not make provisions for
23 funding operations of transit services directly.
24 (3) Cities and counties shall develop public transportation system project prioritization factors that
25 are able to sort the list of public transportation system projects into a prioritized list of public
26 transportation system projects. Cities must develop public transportation project prioritization
27 factors by engaging underserved populations as provided in OAR 660-012-0130.
28 (4) Cities and counties shall use the following factors when prioritizing public transportation system
29 projects:
30 (a) Public transportation system investments in climate friendly areas and Metro Region
31 2040 centers;
32 (b) Public transportation system investments in areas with concentrations of underserved
33 populations,particularly in areas with concentrations of people dependent on public
34 transportation;
35 (c) Public transportation system investments that provide access to key public transportation
36 destinations as provided in OAR 660-012-0360;
37 (d) Public transportation system investments that will connect to,fill gaps in,and expand the
38 existing public transportation network;
39 (e) Public transportation system investments that prioritize transit travel consistent with the
40 prioritization factors in OAR 660-012-0155; and
41 (f) Where applicable,public transportation system investments that implement a scenario
42 plan approved by order as provided in OAR 660-044-0120.
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1 (5) The transportation system plan must include a description of the prioritization factors and method
2 of prioritizing public transportation projects used to develop the prioritized list of public
3 transportation projects.
4 New Rules 0800-0830: Streets and Highways System
5 This part of the Transportation Planning Rules relates to planning for the street and highway system.The
6 rules consider that the street and highway system is mostly fully built out. Future planning must assume
7 a reduction in the amount of driving people do, in favor of increased travel in other modes.
8 These rules, as provided in draft rule 660-012-0011, only apply in metropolitan areas.
9 0800:Street and Highway System Planning
10 This rule, and subsequent rules, describes how cities must plan for their street and highway
11 transportation system.
12 (1) Transportation system plans must include a street and highway system element that meet the
13 requirements of this rule.
14 (2) A street and highway system element must include the following elements:
15 (a) The complete street and highway system as described in section(3)that includes the full
16 buildout of the street and highway system within the urban growth boundary.
17 (b) Identification of gaps or deficiencies in the street and highway system as described in
18 section(4);
19 (c) Locations of key destinations as described in OAR 660-012-0360; and
20 (d) A list of prioritized street and highway system projects as described in OAR 660-012-
21 0820.
22 (3) The complete street and highway system is the full buildout of a complete street and highway
23 system within the planning area.A city determines the ultimate street and highway system plan
24 by:
25 (a) Using the street and highway system inventory developed under OAR 660-012-0805 as a
26 base;
27 (b) Adding the minimum street and highway facilities to places that do not presently meet the
28 minimum street and highway system requirements in OAR 660-012-0810; and
29 (c) Accommodating the reallocation of right of way on facilities where this is deemed
30 necessary as provided in this division.
31 (4) Cities and counties shall identify gaps and deficiencies in the street and highway system by
32 comparing the complete street and highway system with the street and highway system inventory
33 developed under OAR 660-012-0805. Cities must include any part of the complete street and
34 highway system not presently built to the standard in the ultimate street and highway plan as a
35 gap or deficiency.
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1 0805:Street and Highway System Inventory
2 This rule describes how cities must inventory their street and highway system.
3 (1) Street and highway system inventories must include information on all streets and highways,
4 including the functional classification of each facility.
5 (a) For local streets, inventories must include location.
6 (b) For collector streets,inventories must include location,condition, and number of general-
7 purpose travel lanes, and turn lanes.
8 (c) For arterial streets,inventories must include location,condition,and number of general-
9 purpose travel lanes,turn lanes,and lane width.
10 (d) For expressways and other limited-access highways,inventories must include location,
11 condition,number of general-purpose travel lanes, and lane width. Inventories must also
12 include locations and type of interchanges.
13 (2) Street and highway system inventories must include the location of all reported serious injuries
14 and deaths of people related to vehicular crashes. This must include all reported incidents from
15 the most recent five years prior of available data prior to the year of adoption of the street and
16 highway system inventory.
17 (3) Street and highway system inventories must include an overview of pricing strategies in use,
18 including specific facility pricing, area or cordon pricing, and parking pricing. Inventories must
19 include pricing mechanisms and rates.
20 (4) Street and highway system inventories must include the location of designated freight routes, and
21 the location of all key freight terminals within the planning area, including intermodal terminals.
22 0810:Street and Highway System Requirements
23 This rule includes the minimum requirements for the street and highway system.The rules require:
24 narrow and slow local streets; identifying arterials that are more focused on mobility, and those more
25 focused on access, and treating them differently; and a minimal number of general-purpose travel lanes
26 due to an expected decline in driving, and to accommodate the growth of other modes.
27 (1) Cities and counties shall plan,design,build, and maintain a connected streets and highway
28 network in a manner that respects the prioritization factors in OAR 660-012-0155.
29 (a) Cities and counties shall plan streets and highways for the minimum size necessary for
30 the identified function, land use context,and expected users of the facility.
31 (b) Cities and counties shall consider and reduce excessive standards for local streets and
32 accessways in order to reduce the cost of construction,increase safety,provide for more
33 efficient use of urban land,provide for emergency vehicle access while discouraging
34 inappropriate traffic volumes and speeds,provide for utility placement,and support
35 connected and safe pedestrian and bicycle networks.
36 (c) Cities and counties shall plan for an equitable allocation of right-of-way consistent with
37 the prioritization factors as provided in OAR 660-012-0155. Streets in climate friendly
38 areas,Metro Region 2040 centers,and along priority transit corridors must be designed to
39 prioritize pedestrian,bicycle, and transit systems, as provided in OAR 660-012-0510,
40 OAR 660-012-0610, and OAR 660-012-0710.
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1 (2) Cities and counties shall plan local streets to provide local access to property and localized
2 circulation within neighborhoods.
3 (a) Cities and counties shall plan and design local streets for low and safe travel speeds
4 compatible with shared pedestrian and bicycle use.
5 (b) Cities and counties shall establish standards for local streets with pavement width and
6 right-of-way width as narrow as practical to meet needs,reduce the cost of construction,
7 efficiently use urban land, discourage inappropriate traffic volumes and speeds, improve
8 safety,and accommodate convenient pedestrian and bicycle circulation. Local street
9 standards adopted by a city or county must be developed as provided in ORS 368.039. A
10 local street standard where the paved width is no more than 28 feet on streets where on-
11 street parking is permitted on both sides of the street shall be considered adequate to meet
12 this requirement. Wider standards may be adopted if the local government makes
13 findings that the wider standard is necessary.
14 (c) Cities and counties shall plan and design a complete and connected network of local
15 streets. Cities and counties may plan for chicanes,diverters, or other strategies or devices
16 in local street networks where needed to prevent excessive speed or through travel. These
17 measures must continue to provide for connected and pedestrian and bicycle networks.
18 (d) Cities and counties shall avoid planning or designing local streets with a dead end. Dead
19 end local streets may be permitted in locations with topographic or other barriers,or
20 where the street is planned to continue to a connected network in the future.
21 (e) Cities and counties shall plan for multimodal travel on local streets as provided in OAR
22 660-012-0510, OAR 660-012-0610, and OAR 660-012-0710. Cities and counties must
23 plan local streets in climate friendly areas and Metro Region 2040 centers to prioritize
24 pedestrian and bicycle systems,and be limited to local access for motor vehicles.
25 (f) A city or county may plan for local streets to be wider than otherwise allowed in this rule
26 when used exclusively for access to industrial or commercial properties outside of
27 climate friendly areas or Metro Region 2040 centers, and where plans do not allow
28 residential or mixed-use development.
29 (g) Transportation system plans need not include the specific location of all planned local
30 streets but must describe areas where they will be necessary.
31 (3) Cities and counties shall plan collector streets to provide access to property and collect and
32 distribute traffic between local streets and arterials. Cities and counties must plan and design a
33 collector street network that is complete and connected with local streets and arterials.
34 (a) Cities and counties must plan for multimodal travel on collector streets as provided in
35 OAR 660-012-0510, OAR 660-012-0610, and OAR 660-012-0710.
36 (b) Cities and counties must plan collectors in climate friendly areas and Metro Region 2040
37 centers to prioritize pedestrian,bicycle, and public transportation systems.
38 (4) Cities and counties shall plan arterial streets and highways to provide travel between
39 neighborhoods and across urban areas. Cities and counties must plan an arterial street network
40 that is complete and connected with local streets and collectors.
41 (a) Cities and counties shall designate each segment of an arterial as one of the three
42 categories below in the transportation system plan. These designations must be made
43 considering the intended function,the land use context, and the expected users of the
44 facility. Cities and counties must address these considerations to ensure local plans
45 include different street standards for each category of arterial segment.
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1 (A) Cities and counties shall plan for local access priority arterial segments to
2 prioritize access to property and connected streets when balancing needs on the
3 facility.Local access priority arterial segments will generally allow for more
4 access locations from property,more opportunities to make turns,more frequent
5 intersections with other streets,and slower speeds.
6 (B) Cities and counties shall plan for through movement priority arterial segments to
7 prioritize through movement of traffic when balancing needs on the facility.
8 Through movement priority arterial segments will generally prioritize access
9 limited to intersections with the street network, limited access to individual
10 properties,and safe speeds.
11 (C) Cities and counties shall plan for arterial segments in a climate-friendly area to
12 prioritize multimodal travel as provided in subsection(b). This includes
13 prioritizing complete, connected, and safe pedestrian,bicycle, and public
14 transportation facilities.
15 (b) Cities and counties shall plan for multimodal travel on or along arterial streets as
16 provided in OAR 660-012-0510, OAR 660-012-0610,and OAR 660-012-0710.
17 (A) Cities and counties shall plan arterials in climate-friendly areas to prioritize
18 pedestrian,bicycle, and public transportation systems.
19 (B) Cities and counties shall plan arterials along transit priority corridors to prioritize
20 transit service reliability and frequency over general-purpose traffic.
21 (5) Cities and counties shall carefully consider new or expanded freeways considering goals for
22 reductions in vehicle miles traveled per capita.
23 (a) Cities and counties shall consider high-occupancy vehicle lanes, including transit lanes,
24 and managed priced lanes on freeways.
25 (b) Pedestrian and bicycle facilities should be parallel to freeways,rather than on them.
26 Transit facilities on or along freeways must be designed for direct transit vehicle access.
27 (6) Notwithstanding other provisions of this rule,where appropriate,cities and counties shall plan
28 and design streets and highways to accommodate:
29 (a) Transit vehicles on a segment of a priority transit corridor or transit corridor without
30 dedicated transit lanes or transitway.
31 (b) Freight travel on designated freight routes and key freight terminals inventoried as
32 provided in OAR 660-012-0805.
33 (c) Agricultural equipment on streets or highways connecting to agriculturally zoned land
34 used for agricultural purposes where equipment access is necessary.
35 0820:Street and Highway System Projects
36 This rule guides cities in determining the list of street and highway system projects.
37 (1) Cities and counties shall develop a list of street and highway system projects that would address
38 the gaps and deficiencies in the street and highway system.
39 (2) Cities and counties shall develop street and highway project prioritization factors that are able to
40 sort the list of street and highway system projects into a prioritized list of street and highway
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1 system projects. Cities must develop street and highway project prioritization factors by engaging
2 underserved populations as provided in OAR 660-012-0130.
3 (3) Cities and counties shall use the following factors when prioritizing street and highway system
4 projects:
5 (a) Street and highway investments that reallocate right-of-way from facilities dedicated to
6 moving motor vehicles to those for use by the pedestrian,bicycle, and public
7 transportation systems,particularly:
8 (A) In climate friendly areas and Metro Region 2040 centers;
9 (B) In areas with concentrations of underserved populations; and
10 (C) In areas with reported serious injuries and deaths.
11 (b) Street and highway system investments that will fill gaps in the existing street network;
12 (c) Street and highway system investments consistent with the prioritization factors in OAR
13 660-012-0155;
14 (d) Street and highway system investments that will help meet the performance targets as
15 provided in OAR 660-012-0910; and
16 (e) Street and highway system investments consistent with a scenario plan approved by order
17 as provided in OAR 660-044-0120.
18 (4) The transportation system plan must include a description of the prioritization factors and method
19 of prioritizing street and highway projects used to develop the prioritized list of street and
20 highway system projects.
21 (5) Cities or counties choosing to include a proposed facility requiring authorization as provided in
22 OAR 660-012-0830 in the transportation system plan must first meet the requirements provided
23 in OAR 660-012-0830.
24 0830:Enhanced Review of Select Roadway Projects
25 This rule provides for an additional level of review of transportation facilities that could increase climate
26 pollution.The rule is intended to ensure that additional alternatives are reviewed before investments
27 are made in transportation facilities that are not consistent with the state's climate goals.
28 The authorization of a facility provided in this rule is only to allow a proposed facility to be put into the
29 local transportation system plan, it does not replace any other requirements.
30 The process is intended to provide time for local governments to identify, review, assess, and potentially
31 implement alternatives to the proposed facility.The goal is to avoid implementation of as many of these
32 facilities as possible, limiting them only to those that are truly necessary to meet the transportation
33 needs of the state and community.
34 (1) Cities and counties shall review and authorize certain proposed facilities to be included as a
35 planned project or unconstrained project in any part of the local comprehensive plan, including
36 the transportation system plan.
37 a. The following types of proposed facilities must be reviewed as provided in this rule:
38 (A) A new or extended arterial street, highway, freeway, or bridge;
39 (B) New or expanded interchanges;
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1 (C) An increase in the number of general purpose travel lanes for any existing arterial
2 or collector street,highway,or freeway; and
3 (D) New or extended auxiliary lanes with a total length of one-half mile or more.
4 Auxiliary lane means the portion of the roadway adjoining the traveled way for
5 speed change,turning,weaving,truck climbing,maneuvering of entering and
6 leaving traffic,and other purposes supplementary to through-traffic movement.
7 b. Notwithstanding any provision in subsection(a),the following proposed facilities need
8 not be reviewed or authorized as provided in this rule:
9 (A) Changes expected to have a capital cost of less than$5 million;
10 (B) Changes that reallocate right of way to provide more space for pedestrian,
11 bicycle,transit,or high-occupancy vehicle facilities;
12 (C) Facilities with no more than one general purpose travel lane in each direction,
13 with or without one turn lane;
14 (D) Changes to intersections that do not increase the number of lanes,including
15 implementation of a roundabout;
16 (E) Access management,including the addition or extension of medians;
17 (F) Modifications necessary to address safety needs; or
18 (G) Operational changes, including changes to signals, signage, striping, surfacing, or
19 intelligent transportation systems.
20 (2) Cities and counties choosing to authorize a proposed facility as provided in this rule shall:
21 (a) Initiate the authorization process through action of the governing body of the city or
22 county;
23 (b) Include the authorization process as part of an update to a transportation system plan to
24 meet the requirements as provided in OAR 660-012-0100, or have an existing
25 acknowledged transportation system plan meeting these requirements;
26 (c) Have met all applicable reporting requirements as provided in OAR 660-012-0900;
27 (d) Designate the project limits and characteristics of the proposed facility,including length,
28 number of lanes, or other key features;
29 (e) Designate a facility impact area and determine affected jurisdictions as provided in
30 section(3);
31 (f) Conduct an engagement-focused equity analysis of the proposed facility as provided in
32 OAR 660-012-0135;
33 (g) Develop a public involvement strategy as provided in section(4);
34 (h) Conduct an alternatives review as provided in sections(5) and(6);
35 (i) Choose to move forward with an authorization report as provided in section(7);
36 (j) Complete an authorization report as provided in section(8); and
37 (k) Publish the authorization report as provided in section(9).
38 (3) A city or county designating a facility impact area and determining affected jurisdictions shall:
39 (a) Coordinate with all cities and counties with planning jurisdictions within two miles of the
40 limits of the proposed facility to determine the extent of the facility impact area;
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1 (b) Review the extent of the impact of the proposed facility by including all areas where
2 implementation of the proposed facility is expected to change levels or patterns of traffic
3 or otherwise change the transportation system or land use development patterns;
4 (c) Take particular care when reviewing the facility impact area in places with concentrations
5 of underserved populations. The city or county must consider the special impact of new
6 facilities in the context of historic patterns of discrimination, disinvestment, and harmful
7 investments;
8 (d) Designate a facility impact area to include, at minimum, areas within one mile of the
9 proposed facility; and
10 (e) Determine affected jurisdictions by including all cities or counties with planning
11 jurisdictions in the designated facility impact area.
12 (4) A city or county developing a public involvement strategy shall, in coordination with affected
13 jurisdictions:
14 (a) Develop the public involvement strategy as provided in OAR 660-012-0130.
15 (b) Require that the public involvement strategy provides for opportunities for meaningful
16 public participation in decision-making over the course of the authorization process;
17 (c) Require that the public involvement strategy includes regular reports to the affected
18 governing bodies,planning commissions, and the public on the progress of the
19 authorization process; and
20 (d) Coordinate the public involvement strategy with other public involvement activities
21 which may be concurrent, including updates to a transportation system plan or
22 authorizations for other proposed facilities.
23 (5) A city or county choosing to undertake an alternatives review shall, in coordination with affected
24 jurisdictions:
25 (a) Have designated the facility impact area,determined affected jurisdictions,transit service
26 providers, and transportation options providers; and developed a public consultation
27 strategy as provided in this rule;
28 (b) Develop a summary of the expected impacts of the proposed facility on underserved
29 populations identified as provided in OAR 660-012-0125,particularly,but not
30 exclusively, in neighborhoods with concentrations of underserved populations. These
31 impacts must include,but are not limited to, additional household costs, and changes in
32 the ability to access jobs and services without the use of a motor vehicle;
33 (c) Develop a summary of the estimated additional motor vehicle travel per capita that is
34 expected to be induced by implementation of the proposed facility over the first 20 years
35 of service,using best available science;
36 (d) Investigate alternatives to the proposed facility, as provided in subsections(e)through
37 (h). Cities and counties must use a planning level of analysis, and make use of existing
38 plans and available data as much as practical;
39 (e) Investigate alternatives to the proposed facility through investments in the pedestrian and
40 bicycle systems. The city or county must:
41 (A) Review the transportation system plan for identified gaps and deficiencies in
42 pedestrian and bicycle facilities within the facility impact area;
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1 (B) Determine how much of the need for the proposed facility may be met through
2 enhanced investments in the pedestrian and bicycle networks;
3 (C) Identify pedestrian and bicycle system investments that could contribute to
4 meeting the identified need which do not require implementation of the proposed
5 facility; and
6 (D) Identify pedestrian and bicycle system investments that could contribute to
7 meeting the identified need which may be implemented without the proposed
8 facility,and may be retained if the proposed facility is implemented.
9 (f) Investigate alternatives to the proposed facility through investments in the public
10 transportation system. The city or county must:
11 (A) Review the transportation system plan for identified gaps and deficiencies in
12 public transportation facilities and services within the facility impact area;
13 (B) Coordinate with transit service providers to identify opportunities for providing
14 additional transit service within or to the facility impact area; and
15 (C) Identify potential transit facility and service investments that contribute to
16 meeting the identified need which may be implemented without the proposed
17 facility.
18 (g) Investigate alternatives to the proposed facility through investments in transportation
19 options programs; or other means to reduce demand for motor vehicle travel. The city or
20 county must:
21 (A) Review the transportation system plan for identified existing and needed
22 transportation demand management services within the facility impact area;
23 (B) Coordinate with transportation options providers to identify opportunities for
24 providing transportation demand management services in and around the facility
25 impact area; and
26 (C) Identify potential transportation options program investments that contribute to
27 meeting the identified need which may be implemented without the proposed
28 facility.
29 (h) Investigate alternatives to the proposed facility that include system pricing. The city or
30 county must:
31 (A) Determine if various types of pricing could substantially reduce the need for the
32 proposed facility;
33 (B) Investigate a range of pricing methods appropriate for the facility type and need,
34 which may include,but are not limited to: parking pricing,tolling, facility
35 pricing, cordon pricing,or congestion pricing; and
36 (C) Identify pricing methods where it is reasonably expected to meet the need for the
37 facility,may reasonably be implemented,and can be expected to generate
38 sufficient revenue to cover the costs of operating the collection apparatus.
39 (6) A city or county completing an alternatives review must, in coordination with affected
40 jurisdictions:
41 (a) Review the projects identified in section(5)to determine sets of investments that may be
42 made that could substantially meet the need for the proposed facility without
43 implementation of the proposed facility. A city or county must consider adopted state,
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1 regional,and local targets for reduction of vehicle miles traveled to reduce greenhouse
2 gas emissions when making determinations of substantially meeting the need for the
3 proposed facility; and
4 (b) Complete an alternatives review report upon completion of the alternatives review phase.
5 The alternatives review report must include a description of the effectiveness of identified
6 alternatives. The alternatives review report must include the summaries developed in
7 subsections(5)(b)and(c). The alternatives review report must be provided to the public,
8 and the governing bodies and planning commissions of each affected city or county. The
9 alternatives review report must also be included in the next annual report to the director
10 as provided in OAR 660-012-0900.
11 (7) The governing body of the city or county shall review the alternatives review report and may
12 either:
13 (a) Select a set of investments reviewed in the alternatives review report intended to
14 substantially meet the identified need for the proposed facility. These investments may be
15 added to the unconstrained project list of the transportation system plan as provided in
16 OAR 660-012-0170; or
17 (b) Choose to complete the authorization report for the proposed facility, as provided in
18 section(8).
19 (8) A city or county choosing to complete an authorization report as provided in section(7) shall,
20 after completion of the alternatives review,include the following within the authorization report:
21 (a) A record of the initiation of the authorization process by the governing body;
22 (b) The public involvement strategy developed as provided in section(4), and how each part
23 of the public involvement strategy was met;
24 (c) The alternatives review report;
25 (d) A summary of the estimated additional long-term costs of maintaining the proposed
26 facility, including expected funding sources and responsible transportation facility
27 operator.
28 (9) A city or county shall publish the authorization report upon completion and provide it to the
29 public and governing bodies of each affected jurisdiction.
30 (10) A city or county,having completed and published an authorization report,may place the
31 proposed project on the list of street and highway system projects with other projects as provided
32 in OAR 660-012-0820.A proposed project authorized as provided in this rule may remain on a
33 project list in the transportation system plan as long there are no substantial changes to the
34 proposed project as described in the authorization report.
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1 New Rules 0900-0920: Reporting and Compliance
2 This part of the Transportation Planning Rules set requirements for how cities and counties will regularly
3 report progress to the department.Annual reports will include a narrative of progress made over the
4 past year,with more substantial reports required every four or five years.
5 These rules, as provided in 660-012-0011, only apply in metropolitan areas.
6 0900:Reporting
7 This rule requires cities and counties to submit a report to the department annually. Most years the
8 report will be a minor report, with an update of activities. However, every four or five years a major
9 report must also include additional information on how the city and region are performing across a
10 range of performance measures.
11 (1) Cities and counties outside of the planning area of Metro shall report annually on progress toward
12 meeting the requirements in division 44 and this division.
13 (2) Metro shall prepare a report annually on progress toward meeting the requirements in division 44
14 and this division. Cities and counties within the planning area of Metro shall coordinate with
15 Metro and provide information to Metro. Cities and counties within the planning area of Metro
16 are not required to report directly to the department as provided in this rule.
17 (3) Cities,counties, and Metro shall submit the report to the director no later than May 31 of each
18 year for the report for the previous calendar year.
19 (4) The director shall provide for a method of submission. The director shall review reports as
20 provided in OAR 660-012-0915.
21 (5) Cities, counties, and Metro shall submit either a minor report, as provided in section(6), or a
22 major report, as provided in section(7), each year.
23 (a) Minor reports shall be submitted each year where a major report is not submitted.
24 (b) Major reports shall be submitted for each year in which the metropolitan planning
25 organization representing the city or county approved a regional transportation plan as
26 provided in 23 CFR§450.324.
27 (6) A minor report must include the following information:
28 (a) A narrative summary of the state of coordinated land use and transportation planning in
29 the planning area over the reporting year,including any relevant activities or projects
30 undertaken or planned by the city or county;
31 (b) The planning horizon date of the acknowledged transportation system plan,a summary of
32 any amendments made to the transportation system plan over the reporting year,and a
33 forecast of planning activities over the near future which may include amendments to the
34 transportation system plan;
35 (c) Copies of reports made in the reporting year for progress towards centering the voices of
36 underserved populations in processes at all levels of decision-making as provided in OAR
37 660-012-0130 and a summary of any equity analyses conducted as provided in OAR 660-
38 012-0135; and
39 (d) Any alternatives reviews undertaken as provided in OAR 660-012-0830, including those
40 underway or completed.
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1 (7) A major report must include the following information:
2 (a) All information required in a minor report as provided in section(6);
3 (b) For reporting cities and counties:
4 (A) A description of what immediate actions the city or county has considered to be
5 taken to reduce greenhouse gas emissions as provided in ORS 184.899(2); and
6 (B) A description of the consultations with the metropolitan planning organization on
7 how the regional transportation plan could be altered to reduce greenhouse gas
8 emissions as provided in ORS 184.899(2).
9 (c) Reporting for each regional and local performance measures as provided in OAR 660-
10 012-0905 or OAR 660-044-0110 including:
11 (A) Baseline data;
12 (B) Baseline projections of expected outcomes from acknowledged plans;
13 (C) An assessment of whether the city,county, or Metro has met or is on track to
14 meet each performance target for each reporting year between the base year and
15 planning horizon year as provided in OAR 660-012-0910;
16 (D) For any performance targets that were not met, a proposal for the corrective
17 actions that will be taken to meet the performance target by the next major report;
18 (E) An assessment of whether the reporting city or county has adopted local
19 amendments to implement the approved land use and transportation scenario plan
20 as provided in OAR 660-044-0130;
21 (F) For any amendments to implement the approved land use and transportation
22 scenario plan as provided in OAR 660-044-0130 that have not yet been adopted,
23 a proposal for the corrective actions that will be taken to adopt the amendments;
24 and
25 (G) The status of any corrective actions identified in prior reports.
26 (8) Upon a written request for an exemption submitted to the department prior to the due date of a
27 report,the director may grant a city or county an exemption to a requirement to include any
28 required element of a report under sections(6)or(7)when the director determines that the
29 requestor has established that collection and reporting of the information would not be possible or
30 would place an undue burden on the city or county.
31 (9) Counties need only report for those portions of the county within an urban growth boundary
32 inside the metropolitan area. A county may jointly report with a city for the entire urban growth
33 area of the city.
34 (10) Reports as provided by this rule are not land use decisions.
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1 0905:Land Use and Transportation Performance Measures
2 This rule requires reporting on local action performance measures to demonstrate that the actions
3 necessary to achieve the greenhouse gas reduction targets are being implemented. transportation
4 system plans are required to include policies and projects that will meet the local target for each
5 performance measure.
6 (1) Cities, counties, and Metro that have a land use and transportation scenario approved by the
7 commission as provided in OAR 660-044-0050 or OAR 660-044-0120 shall report on the
8 performance measures from the approved regional scenario plan.
9 (2) Cities and counties that do not have a land use and transportation scenario approved by the
10 commission as provided in OAR 660-044-0120 shall report on the specific actions, including
11 capital improvements and the adoption of policies or programs that they have or will undertake to
12 reduce pollution and increase equitable outcomes for underserved populations. At a minimum,
13 this report must include the following performance measures:
14 (a) Compact Mixed-use Development
15 (A) Number of publicly supported affordable housing units in climate friendly areas.
16 (B) Number of existing and permitted dwelling units in climate friendly areas and
17 percentage of existing and permitted dwelling units in climate friendly areas
18 relative to total number of existing and permitted dwelling units in the
19 jurisdiction.
20 (C) Share of retail and service jobs in climate friendly areas relative to retail and
21 service jobs in the jurisdiction.
22 (b) Active Transportation
23 (A) Percent of collector and arterials streets in climate friendly areas and underserved
24 population neighborhoods with bicycle and pedestrian facilities with Level of
25 Traffic Stress 1 or 2.
26 (B) Percent of collector and arterial roadways in climate friendly areas and
27 underserved population neighborhoods with safe and convenient marked
28 pedestrian crossings.
29 (C) Percent of transit stops with safe pedestrian crossings within 100 feet.
30 (c) Transportation Options
31 (A) Number of employees covered by an Employee Commute Options Program.
32 (B) Number of households engaged with Transportation Options activities.
33 (C) Percent of all Transportation Options activities that were focused on underserved
34 population communities.
35 (d) Transit
36 (A) Share of households within one-half mile of a priority transit corridor.
37 (B) Share of low-income households within one-half mile of a priority transit
38 corridor.
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1 (C) Share of key destinations within one-half mile of a priority transit corridor.
2 (e) Parking Costs and Management: Average daily public parking fees in climate friendly
3 areas.
4 (f) Transportation System
5 (A) Vehicle miles traveled per capita.
6 (B) Percent of jurisdiction transportation budget spent in climate friendly areas and
7 underserved population neighborhoods.
8 (C) Share of investments that support modes of transportation with low pollution.
9 0910:Land Use and Transportation Performance Targets
10 This rule requires cities and counties to set performance targets for the implementation of actions
11 necessary to achieve the greenhouse gas reduction targets. If a city or county has an approved regional
12 land use and transportation scenario plan,they will use the performance targets included in that plan. If
13 a city or county does not have an approved regional plan,they will set performance targets in a major
14 update to their transportation system plan or a major report,whichever comes first. Performance
15 targets must be set at levels that are reasonably likely to achieve the greenhouse gas reduction targets
16 and the Statewide Transportation Strategy targets.
17 (1) Cities and counties must set performance targets for each reporting year for each performance
18 measure provided in OAR 660-044-0110 and OAR 660-012-0905 in their local transportation
19 system plan. Performance targets for the performance measures provided in OAR 660-012-0905
20 must be set at levels that are reasonably likely to achieve the regional performance targets from
21 an approved land use and transportation scenario plan as provided in OAR 660-044-0110 or the
22 regional performance targets from the Statewide Transportation Strategy as adopted by the
23 Oregon Transportation Commission.
24 (2) Cities and counties that have a land use and transportation scenario approved by the commission
25 as provided in OAR 660-044-0120 must set targets for equity performance measures in a
26 transportation system plan as provided in OAR 660-044-0110(7)(c).
27 (3) Cities and counties shall set performance targets in any major update to their transportation
28 system plan as provided in OAR 660-012-0105. If a city or county has not yet set targets and is
29 submitting a major report as provided in OAR 660-012-0900(7),then the city or county shall set
30 performance targets through a minor update to their transportation system plan.
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1 0915:Review of Reports
2 This rule provides a process for receipt, review, and approval of submitted reports.The rule gives the
3 director of DLCD the opportunity to review a report for completeness,then either approve the report or
4 refer it to the commission.There is an appeal process for approved reports to the commission.The
5 commission may either approve or remand a report that was referred or appealed to the commission.
6 (1) Upon receipt of a submitted minor report as provided in OAR 660-012-0900(6);
7 (a) The director shall make a preliminary determination of completeness within 30 calendar
8 days of receipt and shall notify the submitter of any missing items required under OAR
9 660-012-0900(6)that is not subject to an exemption under OAR 660-012-0900(8).
10 (b) The submitter must submit information to the department within 30 days of the director's
11 notification under subsection(a),unless the submitter requests, and the director grants,an
12 extension of time to submit the missing information,for a period not to exceed 90
13 additional days.
14 (c) If the submitter does not submit the missing information within the time allotted by the
15 director,the director may refer the report for a compliance hearing as provided in OAR
16 660-012-0920.
17 (d) Once a minor report submitted as provided in OAR 660-012-0900(6)is determined to be
18 complete,the director shall post the minor report on the department website and send
19 notice of approval to the submitter.
20 (2) Upon receipt of a submitted major report as provided in OAR 660-012-0900(7);
21 (a) The director shall make a preliminary determination of completeness within 30 calendar
22 days of receipt and shall notify the submitter of any missing items required under OAR
23 660-012-0900(7)that is not subject to an exemption under OAR 660-012-0900(8).
24 (b) The submitter must submit information to the department within 30 days of the director's
25 notification under subsection(a),unless the submitter requests,and the director grants, an
26 extension of time to submit the missing information,for a period not to exceed 90
27 additional days. If the submitter does not submit additional information,the director shall
28 proceed with review of the submission as provided in sections(3) and(4).
29 (c) If the director does not notify the submitter of missing items within 30 days of submittal,
30 the director shall proceed with review of the submission as provided in sections (3)and
31 (4).
32 (3) Upon completion of the process in section(2),the director shall:
33 (a) Post a complete copy of the major report on the depai("Ilent's website along with the
34 alternative findings the director may make in section(4),and a statement that any person
35 may file a written comment regarding the submitted report no more than 21 days after the
36 posting of the report.
37 (b) Provide notice to persons described under ORS 197.615(3)(a), directing them to the
38 posting described in subsection(a)and informing them that they may file a written
39 comment regarding the submitted report no more than 21 days after the posting of the
40 report.
41 (4) Within 60 days of completion of the process in section(2),the director shall;
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1 (a) Find that the submitter has met the performance targets as provided in OAR 660-012-
2 0910, and has adopted local amendments to implement any approved land use and
3 transportation scenario plan as provided in OAR 660-044-0130;
4 (b) Find that the submitter has proposed adequate corrective actions to address any
5 performance targets that were not met and adequate to meet any performance targets as
6 provided in OAR 660-012-0910;
7 (c) Find that the submitter has not met a performance target as provided in OAR 660-012-
8 0910 and has proposed inadequate corrective actions; or
9 (d) Find that the submitter has not implemented an approved land use and transportation
10 scenario plan as provided in OAR 660-044-0130 and proposed inadequate corrective
11 actions.
12 (5) If the director makes findings described in subsections(4)(a)or(b);
13 (a) The director shall issue an order approving the report. The department shall post an
14 approval order on a public website and send notice to the submitter,and persons who
15 provided written comment under section(3). The order must include information on the
16 process to appeal the director's order as described in this rule.
17 (b) A person who has provided written comment under section(3)may appeal the director's
18 order to the commission.An appeal is valid only if the appeal clearly identifies a
19 deficiency in the submitted report based on the requirements of this division on issues
20 raised in the written comments.
21 (c) The director shall determine if the appeal filed is valid, and the director's determination
22 of validity is final.
23 (d) If no valid appeals are filed in response to the director's order,the order is final.
24 (e) If any valid appeals are filed in response to the director's order,then the director shall
25 refer the report for a compliance hearing as provided in OAR 660-012-0920.
26 (6) If the director makes findings described in subsections(4)(c)or(d),then the director shall refer
27 the report for a compliance hearing as provided in OAR 660-012-0920.
28 0920:Compliance Hearings
29 Compliance hearings can be the result of a director finding that report is unacceptable, no report has
30 been submitted,or due to complaint by other parties.
31 (1) The commission shall hold a compliance hearing in response to referral from the director at its
32 next regularly scheduled meeting that is at least 30 days after the referral.
33 (2) The commission may hold a compliance hearing on its own motion or in response to an allegation
34 that a city, county,or Metro has:
35 (a) Missed a deadline in this division;
36 (b) Missed a deadline in OAR 660-044-0015;
37 (c) Failed to implement corrective actions required by this division; or
38 (d) Failed to comply with a requirement in this division.
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1 (3) The depailinent shall post notice of a compliance hearing on a public website and send notice to
2 the parties.
3 (4) At the compliance hearing the commission shall:
4 (a) Consider the director's written and oral report; and
5 (b) Consider oral testimony and written testimony provided at least 14 days prior to the
6 hearing from a city,a county,or Metro and any persons who provided written comment
7 as provided in OAR 660-012-0915(3)(b).
8 (5) The commission may evaluate the compliance of the cities and counties within a metropolitan
9 area in a collective evaluation,or the commission may evaluate the compliance of an individual
10 city or county separately.
11 (6) If the commission finds that a report meets the requirements of this division, or that the city,
12 county, or Metro is in compliance with the requirements of this division,then the commission
13 shall issue an order of approval.
14 (7) If the commission finds a city, a county, or Metro out of compliance with the requirements of this
15 division,the commission may use any authority granted to commission,including but not limited
16 to the actions below.
17 (a) Issue an order to remand a report with specific directions for changes necessary to
18 comply with this division;
19 (b) Issue an enforcement order as provided in ORS 197.319 through 197.335.
20 (c) Issue an order to invalidate the acknowledgement of local transportation system plans
21 that are not consistent with an approved Land use and Transportation Scenario Plan.
22 (d) Provide notice to the Oregon Depailinent of Transportation and the United States
23 Department of Transportation of the lack of compliance with state planning requirements.
24 (8) The director shall mail the order to all parties.
25 (9) A commission order under this rule may be reviewed as provided in ORS 183.484 for orders in
26 other than a contested case.Reports and orders as provided in this rule are not land use
27 decisions.
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AGENDA ITEM 3
MAY 19-20, 2022-LCDC MEETING
ATTACHMENT C
Proposed Amendments to the Housing Rule (OAR 660-008)
660-008-0010
Allocation of Buildable Land
(1)The mix and density of needed housing is determined in the housing needs projection. Sufficient
buildable land shall be designated on the comprehensive plan map to satisfy housing needs by type and
density range as determined in the housing needs projection. The local buildable lands inventory must
document the amount of buildable land in each residential plan designation.
(2)For purposes of preparing Housing Capacity Analyses as provided in OAR 660-008-0045,the
following provisions apply to local governments that are subject to OAR 660-012-0310(2):
(a)Following the initial designation of climate friendly areas as required in OAR 660-012-0315, local
governments shall maintain climate friendly area zones with sufficient zoned residential building capacity
to contain at least 30 percent of current and projected housing needs. However,the local government shall
determine housing capacity within the climate friendly area for the purpose of meeting identified housing
needs as required by Goal 10 and this division in a manner consistent with ORS 197.296(5).
(b)The local government shall calculate the zoned residential building capacity within climate friendly
areas consistent with the provisions of OAR 660-012-0315(2),or utilizing an alternative methodology as
provided in OAR 660-012-0320(10). The local government shall include demonstration of compliance
with this requirement in each subsequent Housing Capacity Analysis.
(c) The local government shall establish land use requirements in climate friendly areas as provided in
OAR 660-012-0320 for any newly designated climate friendly area concurrent with or prior to the
adoption of a Housing Capacity Analysis.
(3)Beginning June 30,2027:
(a)A local government subject to OAR 660-012-0310(2)that has identified a need to expand its urban
growth boundary to accommodate an identified residential land need shall designate and zone additional
climate friendly area as provided in OAR 660-012-0315 concurrent with expansion of the urban growth
boundary.
(b)A local government shall designate and zone climate friendly area of sufficient size to accommodate
the number of housing units equivalent to one-half of the number of additional housing units that cannot
reasonably be accommodated within the current urban growth boundary.
(c) The local government shall calculate the climate friendly area needed based on zoned residential
building capacity as provided in OAR 660-012-0315(2), or utilizing an alternative methodology as
provided in OAR 660-012-0320(10),while the local government shall determine housing capacity within
the climate friendly area for the purpose of meeting identified housing needs as required by Goal 10 and
this division in a manner consistent with ORS 197.296(5).
(d)The local government may choose to designate a portion of the newly expanded urban growth
boundary area as climate friendly area if the area qualifies for designation as provided in OAR 660-012-
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0310(1), or may choose to designate additional climate friendly area in other locations within the urban
growth boundary that qualify for designation.
(e) The local government may accommodate additional climate friendly areas within one or more
locations within the urban growth boundary. The designation and zoning of additional climate friendly
area shall comply with all applicable requirements for climate friendly areas as provided in OAR 660-
012-0310 through OAR 660-012-0325.
660-008-0050
Housing Production Strategy Report Structure
As provided in ORS 197.290(2),a city with a population of more than 10,000 people must develop and
adopt a Housing Production Strategy Report that includes a list of specific actions, including the adoption
of measures and policies that the city shall undertake to promote development within the city to address a
housing need identified under ORS 197.296(3)or(10) for the most recent 20-year period described in the
city's Housing Capacity Analysis.At a minimum,this Report must include the following components:
(4)Achieving Fair and Equitable Housing Outcomes—A Housing Production Strategy Report must
include a narrative summarizing how the selected Housing Production Strategies,in combination with
other city actions,will achieve equitable outcomes with regard to the following factors:
(a)Location of Housing-How the city is striving to meet statewide greenhouse gas emission reduction
goals, established under Executive Order No. 20-04,by creating compact,mixed-use neighborhoods
available to people who are members of state and federal protected classes.Within Metro,cities subject to
this rule shall describe actions taken by the city to promote the production of regulated affordable units,as
defined in ORS 456.586(1)(b); to promote the production of accessible dwelling units; to mitigate or
avoid the displacement of members of state and federal protected classes; and to remove barriers and
increase housing choice for members of state and federal protected classes within Region 2040 centers.
Cities subject to this rule and OAR 660-012-0310(2) shall describe actions taken by the city to promote
the production of regulated affordable units,as defined in ORS 456.586(1)(b);to promote the production
of accessible dwelling units;to mitigate or avoid the displacement of members of state and federal
protected classes; and to remove barriers and increase housing choice for members of state and federal
protected classes within climate friendly areas.An accessible dwelling unit is a dwelling unit constructed
to accommodate persons with disabilities, in compliance with the Americans with Disabilities Act and
applicable construction requirements in adopted building codes;
(b)Fair Housing-How the city is affirmatively furthering fair housing for all state and federal protected
classes.Affirmatively furthering fair housing means addressing disproportionate housing needs,patterns
of integration and segregation,racially or ethnically concentrated areas of poverty,and disparities in
access to housing opportunity;
(c)Housing Choice—How the city is facilitating access to housing choice for communities of color, low-
income communities,people with disabilities, and other state and federal protected classes. Housing
choice includes access to existing or new housing that is located in neighborhoods with high-quality
community amenities, schooling, employment and business opportunities, and a healthy and safe
environment.
(d)Housing options for residents experiencing homelessness—How the city is advocating for and
enabling the provision of housing options for residents experiencing homelessness and how the city is
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partnering with other organizations to promote services that are needed to create permanent supportive
housing and other housing options for residents experiencing homelessness;
(e)Affordable Homeownership and Affordable Rental Housing—How the city is supporting and creating
opportunities to encourage the production of affordable rental housing and the opportunity for wealth
creation via homeownership,primarily for state and federal protected classes that have been
disproportionately impacted by past housing policies; and
(f) Gentrification,Displacement, and Housing stability—How the city is increasing housing stability for
residents and mitigating the impacts of gentrification, as well as the economic and physical displacement
of existing residents resulting from investment or redevelopment.
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❑
regon Department of Land Conservation and Development
635 Capitol Street NE, Suite 150
i$9e Kate Brown,Governor
AGENDA ITEM 3 Salem, Oregon 97301-2540
MAY 19-20, 2022-LCDC MEETING Phone: 503-373-0050
ATTACHMENT E Fax: 503-378-5518
www.oregon.gov/LCD
Climate-Friendly and Equitable Communities
Proposed Amendments to Division 44
Chapter 660—Land Conservation and Development Commission
Division 44—Metropolitan Greenhouse Gas Reduction Targets
0000 Purpose
This is a new purpose statement to entirely replace the existing purpose statement.
(1) This division implements Oregon Land Use Planning Goal 12 (Transportation) and the state
goal in ORS 468A.205 to reduce greenhouse gas emissions. The purpose of this division is to
significantly, and as rapidly as possible, reduce climate pollutants that are causing climate
disruption.
(2) Cities, counties, metropolitan planning organizations, and the Metropolitan Service District
serving the Portland metro area (Metro) are encouraged to take actions beyond the
minimum requirements of this division to rapidly make large reductions in pollution.
(3) This division requires cities, counties, and Metro to change transportation and land use
plans to significantly reduce pollution from light vehicles. This division places specific
requirements on Metro in recognition of its unique status in Oregon. This division also
requires cities and counties within other metropolitan regions to work together to prepare
a preferred land use and transportation scenario that describes a future set of desired
transportation facilities, alternative future land use patterns, and policies that will reduce
greenhouse gas pollution from light vehicles. This division requires the cities and counties
within a metropolitan area to prepare a transportation and land use scenario plan that
defines and implements a preferred scenario, identifies performance measures for tracking
progress, and works to not only avoid or mitigate any impacts to underserved populations,
but to improve outcomes for these communities over time.
(4) This division aims to reduce inequities for underserved populations.The land use and
transportation scenario planning process and the local implementation process must
prioritize underserved populations so that the actions that reduce pollution also reduce the
historic inequities from prior transportation and land use development.
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0005 Definitions
Every division of rules has a list of definitions. We will keep the list of definitions in the existing
division, with changes and additions, as necessary.
For the purposes of this division, the definitions in ORS 197.015 and the statewide planning
goals apply. In addition, the following definitions shall apply:
(1) "Climate Friendly Area" has the meaning provided in OAR 660-012-0005(10).
(2) "Community-based conversations" means accessible and inclusive community meetings
held for areas with above-average concentrations of underserved community members.
(3) "Design type" means the conceptual areas described in the Metro Growth Concept text and
map in the Metro regional framework plan, including central city, regional centers, town
centers, station communities, corridors, main streets, neighborhoods, industrial areas and
employment areas.
(4) "Equitable outcomes" has the meaning provided in OAR 660-012-0005(14).
(5) "Framework plan" or "regional framework plan" means the plan adopted by Metro as
defined by ORS 197.015(16).
(6) "Functional plan" or "regional functional plan" means an ordinance adopted by Metro to
implement the regional framework plan through city and county comprehensive plans and land
use regulations.
(7) "Greenhouse gas" has the meaning given in ORS 468A.210. Greenhouse gases are measured
in terms of carbon dioxide equivalents, which means the quantity of a given greenhouse gas
multiplied by a global warming potential factor consistent with a state-approved emissions
reporting method.
(8) "Greenhouse gas emissions reduction target" or "target" means a reduction from 2005
emission levels of per capita greenhouse gas emissions from travel in light vehicles. Targets are
the reductions beyond reductions in emissions that are likely to result from the use of improved
vehicle technologies and fuels. Travel in light vehicles includes all travel by members of
households or university group quarters living within a metropolitan area regardless of where
the travel occurs, and local commercial vehicle travel that is a function of household labor or
demand regardless of where the travel occurs. Examples include commuting to work, going to
school, going shopping, traveling for recreation, delivery vehicles, service vehicles, travel to
business meetings, and travel to jobsites.
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(9) "Land use and transportation scenario planning" means the preparation and evaluation by
local governments of two or more land use and transportation scenarios and the cooperative
selection of a preferred land use and transportation scenario that accommodates planned
population and employment growth while achieving a reduction in greenhouse gas emissions
from light vehicle travel in the metropolitan area and an increase in equitable outcomes for
underserved community members. Land use and transportation scenario planning may include
preparation and evaluation of alternative scenarios that do not meet targets specified in this
division.
(10) "Light vehicles" means motor vehicles with a gross vehicle weight rating of 10,000 pounds
or less.
(11) "Metro" means the metropolitan service district organized for the Portland metropolitan
area under ORS chapter 268.
(12) "Metropolitan planning area" or "metropolitan area" means lands within the planning area
boundary of a metropolitan planning organization.
(13) "Metropolitan planning organization" means an organization located wholly within the
State of Oregon and designated by the Governor to coordinate transportation planning in an
urbanized area of the state pursuant to 49 USC § 5303(c).The Longview-Kelso-Rainier
metropolitan planning organization and the Walla Walla Valley metropolitan planning
organization are not metropolitan planning organizations for the purposes of this division.
(14) "Planning period" means the period of time over which the expected outcomes of a
scenario plan are estimated, measured from a 2005 base year, to a future year that
corresponds with greenhouse gas emission targets set forth in this division.
(15) "Preferred land use and transportation scenario" means a plan for a metropolitan area that
achieves the targets for reducing greenhouse gas emissions set forth in OAR 660-044-0020 and
660-0440-0025 as provided in OAR 660-044-0040 and 660-044-0110.
(16) "Underserved Populations" has the meaning provided in OAR 660-012-0125(2).
(17) "Vehicle Miles Traveled" has the meaning provided in OAR 660-012-0005(59).
(18) "Statewide Transportation Strategy" means the statewide strategy adopted by the Oregon
Transportation Commission as part of the state transportation policy to aid in achieving the
greenhouse gas emissions reduction goals set forth in ORS 468A.205 as provided in Oregon
Laws 2010, chapter 85, section 2.
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0015 Applicability — Compliance Schedule
This is a new rule that expands the scenario planning requirements to cities and counties beyond
the Portland metropolitan area. The rule provides compliance dates for the cities and counties in
the Eugene-Springfield metropolitan area that conducted regional scenario planning in 2011-
2015 to adopt and implement that work. The preferred scenario which resulted from that work
will be used as the foundation for meeting the new requirements in this section.
This rule also provides compliance dates in the Salem-Keizer metropolitan area that has not yet
undertaken scenario planning as described in this division.
This section allows for other regions to voluntarily opt into the regional scenario planning
program and provides a process for how the commission could require scenario planning in the
Albany, Bend, Corvallis, Grants Pass, and Rogue Valley metropolitan areas in the future.
(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:
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(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.
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0020 Greenhouse Gas Emissions Reduction Target for the Portland
Metropolitan Area
This is an existing rule that provides the greenhouse gas reduction targets for the Portland
metropolitan area. Minor amendment to an existing rule extending horizon year to incorporate
any planning work that goes beyond 2050. Minor amendments were made extending horizon
year to incorporate any planning work that goes beyond 2050.
(1) Metro shall use the greenhouse gas emissions reduction targets in this rule as it develops,
reviews, and updates a land use and transportation scenario that accommodates planned
population and employment growth while achieving a reduction in greenhouse gas emissions
from light vehicle travel in the metropolitan area as required by OAR 660-044-0040 through
660-044-0060.
(2) This rule only applies to the Portland metropolitan area.
(3) The greenhouse gas emissions reduction target is a 20 percent reduction in the year 2035.
(4) Targets for the year 2040 and beyond are:
(a) By 2040, a 25 percent reduction.
(b) By 2041, a 26 percent reduction.
(c) By 2042, a 27 percent reduction.
(d) By 2043, a 28 percent reduction.
(e) By 2044, a 29 percent reduction.
(f) By 2045, a 30 percent reduction.
(g) By 2046, a 31 percent reduction.
(h) By 2047, a 32 percent reduction.
(i) By 2048, a 33 percent reduction.
(j) By 2049, a 34 percent reduction.
(k) By 2050 and beyond, a 35 percent reduction.
0025 Greenhouse Gas Emissions Reduction Targets for Other
Metropolitan Areas
This is an existing rule with a change that makes the targets mandatory. Minor amendment
extends horizon year to incorporate any planning work that goes beyond 2050.
(1) Purpose and effect of targets:
Local governments in metropolitan planning areas not covered by OAR 660-044-0020 shall use
the targets set forth in section (2) of this rule as they conduct land use and transportation
planning to reduce greenhouse gas emissions.
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(2) Targets for the year 2040 and beyond are:
(a) By 2040 or earlier, a 20 percent reduction.
(b) By 2041, a 21 percent reduction.
(c) By 2042, a 22 percent reduction.
(d) By 2043, a 23 percent reduction.
(e) By 2044, a 24 percent reduction.
(f) By 2045, a 25 percent reduction.
(g) By 2046, a 26 percent reduction.
(h) By 2047, a 27 percent reduction.
(i) By 2048, a 28 percent reduction.
(j) By 2049, a 29 percent reduction.
(k) By 2050 and beyond, a 30 percent reduction.
0030 Methods for Estimating Greenhouse Gas Emissions and Emissions
Reductions
This is an existing rule that provides the methods by which local governments apply the
greenhouse gas targets to the scenario planning process.
A proposed amendment has been added that clarifies the use vehicle miles traveled to align
with the planning requirements in the Transportation Planning Rules (Division 12) rule 660-012-
0160.
(1) Applicability: When local governments within a metropolitan area are conducting land use
and transportation planning to demonstrate that their plans would meet the greenhouse gas
emissions reductions targets established in this division, then they shall use the provisions and
options in this rule to project future emissions.
(2) Vehicle Miles Traveled: The greenhouse gas emissions reduction targets as provided in OAR
660-044-0020 and 660-044-0025 are the ratio of future year to base year vehicle miles traveled
per capita after controlling for the effects of state and federal policies and other conditions on
vehicles, fuels, and pricing.
(3) Projected Emission Rates: Projections of greenhouse gas emissions must use emission rates
based on the Statewide Transportation Strategy as adopted by the Oregon Transportation
Commission that reflect the reductions likely to result by the use of improved vehicle
technologies and fuels. Metropolitan area greenhouse gas target modeling efforts must rely on
emission rates agreed to by the Oregon Department of Transportation and the department to
ensure this compliance.
(4) Actions in the Statewide Transportation Strategy as adopted by the Oregon Transportation
Commission: Projections of greenhouse gas emissions may assume state actions specified in
subsection (a) and may use the flexibility for local and regional actions described in subsection
(b).
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(a) State Actions: Projections of greenhouse gas emissions may include reductions projected to
result from state actions, programs, and associated interactions up to, but not exceeding, the
levels identified in the Statewide Transportation Strategy.
(b) Local and Regional Actions: Projections of greenhouse gas emissions may include local or
regional actions similar to actions in the Statewide Transportation Strategy if the local or
regional governments have authority to adopt plans or policies that would implement the
actions. Local governments may use projections of greenhouse gas emissions that are lower
than the rates based on the Statewide Transportation Strategy if local or regional programs or
actions can be demonstrated to result in changes to vehicle fleet, technologies, or fuels above
and beyond the assumption in the Statewide Transportation Strategy, or agreed to by the
Oregon Department of Transportation and the department. One example would be a program
to add public charging stations that is estimated to result in use of hybrid or electric vehicles
greater than the statewide assumption in the Statewide Transportation Strategy.
0035 Review and Evaluation of Greenhouse Gas Reduction Targets
This is an existing rule that provides for how the department review and evaluate the
greenhouse gas targets in this division.
(1) The commission shall by June 1, 2021, and at four-year intervals thereafter, conduct a
review of the greenhouse gas emissions reduction targets in OAR 660-044-0020 and 660-044-
0025.
(2) The review by the commission shall evaluate whether revisions to the targets established in
this division are warranted considering the following factors:
(a) Results of land use and transportation scenario planning conducted within
metropolitan planning areas to reduce greenhouse gas emissions from light vehicles;
(b) New or revised federal and state laws or programs established to reduce greenhouse
gas emissions from light vehicles;
(c) State plans or policies establishing or allocating greenhouse gas emissions reduction
goals to specific sectors or subsectors;
(d) Policies and recommendations in the Statewide Transportation Strategy adopted by
the Oregon Transportation Commission;
(e) Additional studies or analysis conducted by the Oregon Department of
Transportation, the Department of Environmental Quality, the Oregon Department of
Energy or other agencies regarding greenhouse gas emissions from light vehicle travel,
including but not limited to changes to vehicle technologies, fuels and the vehicle fleet;
(f) Changes in population growth rates, metropolitan planning area boundaries, land use
or development patterns in metropolitan planning areas that affect light vehicle travel;
(g) Efforts by local governments in metropolitan areas to reduce greenhouse gas
emissions from all sources;
(h) Input from affected local and regional governments and metropolitan planning
organizations;
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(i) Land use feasibility and economic studies regarding land use densities; and
(j) State funding and support for scenario planning and public engagement.
(3) The department shall, in consultation and collaboration with affected local governments,
metropolitan planning organizations and other state agencies, prepare a report addressing
factors listed in section (2) of this rule to aid the commission in determining whether revisions
to targets established in this division are warranted.
0040 Preferred Scenario in the Portland Metropolitan Area
This is an existing rule that provides guidance for Metro as they select a scenario. The Metro
region has already selected and adopted a preferred scenario by way of their Climate Smart
Communities program. This change is to support any future amendments needed to the plan.
(1) Within one year of adoption or amendment of a preferred scenario, Metro shall amend the
regional framework plan and the regional growth concept to select and incorporate a preferred
land use and transportation scenario that meets targets in OAR 660-044-0020 consistent with
the requirements of this division.
(2) In preparing, selecting, or amending a preferred land use and transportation scenario Metro
shall:
(a) Consult with affected local governments, representatives of underserved
populations, the Port of Portland, TriMet, and the Oregon Department of
Transportation;
(b) Consider adopted comprehensive plans and local aspirations for growth in
developing and selecting a preferred land use and transportation scenario;
(c) Use assumptions about population, housing and employment growth consistent with
the coordinated population and employment projections for the metropolitan area for
the planning period;
(d) Use evaluation methods and analysis tools for estimating greenhouse gas emissions
that are:
(A) Consistent with the provisions of this division;
(B) Reflect best available information and practices; and,
(C) Coordinated with the Oregon Department of Transportation.
(e) Make assumptions about state and federal policies and programs expected to be in
effect over the planning period, including the Statewide Transportation Strategy, in
coordination with the responsible state agencies;
(f) Evaluate a reference case scenario that reflects implementation of existing adopted
comprehensive plans and transportation plans;
(g) Evaluate at least two alternative land use and transportation scenarios for meeting
greenhouse gas reduction targets and identify types of amendments to comprehensive
plans and land use regulations likely to be necessary to implement each alternative
scenario;
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(h) Develop and apply evaluation criteria that assess how alternative land use and
transportation scenarios compare with the reference case in achieving important
regional goals or outcomes;
(i) Evaluate if the preferred scenario relies on new investments or funding sources to
achieve the target, the feasibility of the investments or funding sources including:
(A) A general estimate of the amount of additional funding needed;
(B) Identification of potential/likely funding mechanisms for key actions,
including local or regional funding mechanisms;
(C) Coordination of estimates of potential state and federal funding sources with
relevant state agencies (i.e. the Oregon Department of Transportation for
transportation funding); and,
(D) Consider effects of alternative scenarios on development and travel patterns
in the surrounding area (i.e. whether proposed policies will cause change in
development or increased light vehicle travel between metropolitan area and
surrounding communities compared to reference case).
(3) The preferred land use and transportation scenario shall include:
(a) A description of the land use and transportation growth concept providing for land
use design types;
(b) A concept map showing the land use design types;
(c) Policies and strategies intended to achieve the target reductions in greenhouse gas
emissions in OAR 660-044-0020;
(d) Planning assumptions upon which the preferred scenario relies including:
(A) Assumptions about state and federal policies and programs;
(B) Assumptions about vehicle technology, fleet or fuels, if those are different
than those provided in OAR 660-044-0030;
(C) Assumptions or estimates of expected housing and employment growth by
jurisdiction and land use design type; and
(D) Assumptions about proposed regional programs or actions other than those
that set requirements for city and county comprehensive plans and land use
regulations, such as investments and incentives;
(e) Performance measures and targets to monitor and guide implementation of the
preferred scenario. Performance measures and targets shall be related to key elements,
actions and expected outcomes from the preferred scenario; and
(f) Recommendations for state or federal policies or actions to support the preferred
scenario.
(4) When amending a local Transportation Systems Plan, or comprehensive plan, local
governments shall adopt findings demonstrating that implementation of the preferred land use
and transportation scenario meets the requirements of this division and can reasonably be
expected to achieve the greenhouse gas emission reductions as set forth in the target in OAR
660-044-0020. The findings shall demonstrate how:
(a) The expected pattern of land use development in combination with land use and
transportation policies, programs, actions set forth in the preferred scenario will result
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in levels of greenhouse gas emissions from light vehicle travel that achieve the target in
OAR 660-044-0020;
(b) The preferred scenario advances equitable outcomes for underserved communities;
and
(c)The preferred scenario is or will be made consistent with other applicable statewide
planning goals or rules.
(5) Guidance on evaluation criteria and performance measures.
(a)The purpose of evaluation criteria referred to in subsection (2)(h) is to encourage
Metro to select a preferred scenario that achieves greenhouse gas emissions reductions
in a way that maximizes attainment of other community goals and benefits. This rule
does not require the use of specific evaluation criteria. The following are examples of
categories of evaluation criteria that Metro might use:
(A) Public health;
(B) Air quality;
(C) Household spending on energy or transportation;
(D) Implementation costs;
(E) Economic development;
(F) Access to parks and open space; and,
(G) Equity, specifically promoting equitable outcomes for underserved
community members.
(b) The purpose of performance measures and targets referred to in subsection (3)(e) is
to enable Metro and area local governments to monitor and assess whether key
elements or actions that make up the preferred scenario are being implemented, and
whether the preferred scenario is achieving the expected outcomes. This rule does not
establish or require use of particular performance measures or targets. The following
are examples of types of performance measures that Metro might establish:
(A) Transit service revenue hours;
(B) Mode share;
(C) People per acre by 2040 Growth Concept design type;
(D) Percent of workforce participating in employee commute options programs;
and
(E) Percent of households and jobs within one-quarter mile of transit.
0045 Regional Plans to Implement the Preferred Scenario in the
Portland Metropolitan Area
This is an existing rule that provides guidance for how the preferred scenario is implemented in
the Metro region. Metro has moved beyond the adoption phase and is in the implementation
phase.
(1) Within one year of the commission's order approving Metro's amendments to the regional
framework plan to select, incorporate, or amend a preferred land use and transportation
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scenario, Metro shall adopt regional functional plan amendments to implement the framework
plan amendments.
(2) Functional plan amendments shall establish requirements, deadlines, and compliance
procedures for amendments to local comprehensive plans, transportation system plans, and
land use regulations as necessary to implement the framework plan amendments. The
functional plan amendments shall require affected cities and counties to adopt implementing
amendments to comprehensive plans and land use regulations within two years of
acknowledgement of Metro's functional plan amendments or by a later date specified in the
adopted functional plan.
(3) Functional plan amendments shall include requirements that local governments amend local
comprehensive plans, transportation system plans, and land use regulations to:
(a) Use population, housing and employment allocations to specific areas and land use
design types that are consistent with estimates in the framework plan including
assumptions about densities, infill, and redevelopment;
(b) Apply comprehensive plan designations and zoning districts that are consistent with
land use design type, allowing uses and densities that are consistent with land use
design type and limiting uses that would be incompatible with the design type specified
in the preferred scenario; and,
(c) Include other provisions needed to implement the amended framework plan.
(4) As part of its adoption of functional plan amendments under this rule, Metro shall adopt
findings demonstrating that actions required by the functional plan amendments are consistent
with and adequate to implement the relevant portions of the preferred land use and
transportation scenario set forth in the adopted framework plan amendments. The findings
shall demonstrate that assumptions or allocations of housing and employment growth to
specific areas are consistent with the estimates or assumptions in the framework plan
amendments. In the event Metro's allocations or assumptions vary from those upon which the
framework plan amendments are based, Metro shall demonstrate that the revised assumptions
or allocations, in combination with other measures adopted as part of the functional plan will
meet the greenhouse gas emission reduction target in OAR 660-044-0020.
(5) Those portions of the preferred scenario in the framework plan that Metro chooses to
implement by establishing requirements for city and county comprehensive plans and land use
regulations shall be set forth in amendments to the functional plan. The amendments shall
meet the following minimum planning standards:
(a) For adoption of amendments to the regional framework plan, the Metro Council
shall follow the process set forth in the Metro Charter;
(b) For adoption of amendments to the functional plan, the Metro Council shall follow
the process set forth in the Metro Charter for adoption of ordinances;
(c)The Metro Council shall strive for flexibility when establishing new requirements for
cities and counties, and shall consider offering optional compliance paths to cities and
counties, such as adoption of a model ordinance developed by Metro;
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(d) Metro shall make new requirements for cities and counties included in the functional
plan amendments adopted under this rule enforceable by Metro pursuant to ORS
268.390(6).
(6) When it adopts an updated regional transportation system plan required by OAR chapter
660, division 12, Metro shall demonstrate that the updated plan is consistent with framework
plan amendments adopting a preferred scenario as provided in OAR 660-044-0040(3).
0050 Commission Review of Regional Plans in the Portland
Metropolitan Area
This is an existing rule that provides guidance for commission review of the implementation or
the preferred scenario in regional plans. The amendments extends commission review to
amendment of the regional plan.
(1) The commission shall review Metro's framework plan amendments adopting or amending a
preferred land use and transportation scenario and amendments to functional plans to
implement the framework plan amendments in the manner provided for periodic review under
ORS 197.628 to 197.650.
(2) The commission's review of framework plan amendments adopting a preferred land use and
transportation scenario shall determine whether the preferred scenario can reasonably be
expected to achieve greenhouse gas emission reductions as set forth in the targets in OAR 660-
044-0020, other requirements of this division, and any applicable statewide planning goals.
(3) The commission's review of amendments to functional plans shall determine whether the
adopted functional plans are consistent with and adequate to carry out relevant portions of the
framework plan amendments.
(4) The commission may conduct review of Metro's framework plan amendments adopting a
preferred scenario in conjunction with review of an urban growth boundary amendment or an
update to the regional transportation system plan.
0055 Adoption of Local Plans to Implement the Preferred Scenario in
the Portland Metropolitan Area
This is an existing rule that specifies a process for local governments in Metro to implement the
preferred scenario.
(1) Local governments shall amend comprehensive plans, land use regulations, and
transportation system plans to be consistent with and implement relevant portions of the
preferred land use and transportation scenario as set forth in Metro's functional plans or
amendments. "Consistent" for the purpose of this section means city and county
comprehensive plans and implementing ordinances, on the whole, conforms with the purposes
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of the performance standards in the functional plan and any failure to meet individual
performance standard requirements is technical or minor in nature.
(2) Beginning one year from Metro's adoption or amendment of the preferred scenario, local
governments in the Portland metropolitan area shall, in updating or adopting an amendment to
a comprehensive plan or transportation system plan, demonstrate that the proposed update or
amendment is consistent with the preferred land use and transportation scenario.
0060 Monitoring and Reporting in the Portland Metropolitan Area
This is an existing rule that specifies a process for monitoring and reporting implementation of
the preferred scenario in the Metro region.
(1) Metro shall prepare a report monitoring progress in implementing the preferred scenario
including status of performance measures and performance targets adopted as part of the
preferred scenario as part of regular updates to the Regional Transportation Plan and
preparation of Urban Growth Reports.
(2) Metro's report shall assess whether the region is making satisfactory progress in
implementing the preferred scenario; identify reasons for lack of progress, and identify possible
corrective actions to make satisfactory progress. Metro may update and revise the preferred
scenario as necessary to ensure that performance targets are being met.
(3) The commission shall review the report and shall either find Metro is making satisfactory
progress or provide recommendations for corrective actions to be considered or implemented
by Metro prior to or as part of the next update of the preferred scenario.
0100 Scenario Planning Work Programs
This is a new rule that describes the process for scenario planning in cities and counties beyond
the Portland Metro region. A work program is the first step in the process. The work program
provides the basic framework for conducting the greenhouse gas reduction scenario planning.
As used in this division, a work program must include:
(1) A proposed governance structure for regional cooperation: a proposed mechanism for
regional cooperation. The governance structure may be an existing metropolitan planning
organization, a new regional inter-governmental entity, an intergovernmental agreement
for collaboration among local governments, or other mechanism. The governance structure
must describe how the entity or entities will make decisions and complete tasks. The
governance structure must, at a minimum, include cities and counties and describe how
transit providers will be involved in the planning process.
(2) A scope of work: A proposed list of tasks to develop scenarios, analyze scenarios, select a
preferred scenario, assemble a land use and transportation scenario plan, and amend local
plans and ordinances consistent with the land use and transportation scenario plan.
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(3) A community engagement plan: A community engagement plan with a focus on outreach to
and inclusion of underserved populations including community-based conversations.
(4) A funding estimate: A general estimate of needs for each city and county to adopt local
amendments to implement the selected scenario. The funding estimate must include a
schedule of requested amounts in current and future budget periods.
(5) A schedule: The work program must include a proposed schedule for submitting the land
use and transportation scenario plan and for adopting local amendments to implement the
approved preferred land use and transportation scenario.
(6) Cities and counties may submit a proposed work program to the department with
alternative deadlines to those found in OAR 660-044-0015.
(7) The department shall consult with the Oregon Department of Transportation to review the
proposed work program.The director may approve the work program or refer the work
program to the commission with recommended revisions.
(8) If the director refers a proposed work program to the commission under section (7), the
commission shall hold a hearing to review the proposed work program and the
recommended revisions. The commission may approve the work program or remand the
work program with required revisions.
0110 Land Use and Transportation Scenario Plan Contents
This new rule lists the elements of a scenario plan. The core element is a preferred scenario that
would meet the pollution reduction targets. The scenario plan includes additional elements to
implement the preferred scenario, to track progress and to report on the planning process.
The rule specifies how cities and counties will report and monitor plan implementation, actions
taken, and on equitable outcomes.
A land use and transportation scenario plan must include:
(1) A planning period of at least 20 years in the future.
(2) An assessment of the housing and transportation needs of underserved populations;
(3) Policies and strategies intended to achieve the applicable greenhouse gas emissions
reduction target in OAR 660-044-0025.
(4) Planning assumptions used to develop the scenario including:
(a) Regionally significant projects reasonably likely to be funded through the planning
period;
(b) Regionally significant projects that would require additional funding;
(c) General estimates of the amount of additional funding required; and
(d) Potential sources of additional funding.
(5) Projections of land uses for the planning period including:
(a) Residential densities and locations;
(b) Employment densities and locations;
(c) Climate Friendly Areas as designated under OAR 660-012-0315; and
(d) Total regional population consistent with forecasts under OAR 660-032-0020.
(6) Analysis of local development regulations to identify any changes needed to enable
development of the projected land uses, such as:
(a) Comparison of zoning maps with projected land use needed to meet the target;
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(b) Parking requirements; and
(c) Electric vehicle charging requirements.
(7) Projection of future greenhouse gas emissions for the planning period using methods
described in OAR 660-044-0030 using a preferred land use and transportation scenario to
meet the applicable greenhouse gas reduction target in OAR 660-044-0025.
(8) Assumptions used to project future greenhouse gas emissions including:
(a) Assumptions about state and federal policies and programs;
(b) Assumptions about vehicle technology, fleet or fuels, if those are different than those
provided in OAR 660-044-0030; and
(c) Assumptions about proposed regional programs or actions such as investments and
incentives not already included in the list of transportation projects and projections of
future land uses.
(9) Performance measures and methodologies that cities and counties will use to report on
implementation of the preferred land use and transportation scenario, including:
(a) Regional performance measures to determine whether outcomes are progressing to
achieve the projected reductions in greenhouse gas emissions. The regional
performance measures must include actual performance for the data elements used to
project greenhouse gas emissions as described in OAR 660-044-0030.
(b) Local implementation performance measures to determine whether cities and counties
are taking the actions necessary to implement the preferred land use and transportation
scenario.
(c) Equity performance measures to determine whether implementation of the preferred
land use and transportation scenario is improving equitable outcomes for underserved
communities.
(10) The performance measures in section (9) must include:
(a) A set of performance measures including methods, details, and assumptions to calculate
the value;
(b) Baseline current data, or historical data, for each performance measure;
(c) A reporting schedule repeating every four or five years through the planning period;
(d) A target for each performance measure for each reporting point; and
(e) Best available demographic information for underserved populations.
(11) Report on community-based conversations and other efforts to solicit input from
underserved communities.
(12) An assessment of benefits and burdens of the scenario on underserved community
members compared to the population as a whole.
0120 Commission Review of a Land Use and Transportation Scenario
Plan
This new rule describes the review process for scenario plans in cities and counties beyond the
Portland metropolitan area. Before the formal review, state and local staff will collaborate on
the plan and resolve most questions. If there are no remaining issues, the cities and counties will
formally submit the plan and the DLCD Director will approve it. If there are unresolved
questions, the process goes to the commission for a public hearing and decision.
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(1) Cities and counties shall submit a land use and transportation scenario plan to the director.
(2) Upon receipt of a land use and transportation scenario plan, the director shall determine
whether the submittal is complete based on the applicable criteria in this division.
(a) If there is any missing information, the director must inform the cities and counties with
sufficient specificity to allow the cities and counties to provide missing information.
(A) The cities and counties must supply additional information within 30 days of the
director's notification. If the cities and counties do not supply additional
information, the director shall review the original submission as provided in
subsection (b).
(B) If the director does not send a notice of missing information within 30 days of
submittal, the submittal shall be deemed complete.
(b) Upon completeness, the department shall:
(A) Post the complete land use and transportation scenario plan on the department's
website; and
(B) Provide notice to persons described under ORS 197.615(3).
(C)The notice provided shall describe;
(i) How and where the land use and transportation scenario plan may be freely
obtained; and
(ii) That objections to the land use and transportation scenario plan may be
submitted to the department within 14 days of the notice.
(c) Review the submittal for compliance with this division and either:
(A) Issue an order approving the submittal, with responses to any objections submitted;
or
(B) Refer the submittal to the commission for review and action under section (5).
(d) If the director does not issue an order approving the submittal or make a referral to the
commission within 60 days of completeness, the submittal is deemed approved, and an
order sent under section (3).
(3) The director shall send an approval order to the cities and counties, post on a public website
using the Internet or a similar electronic method, and provide a copy of the order to the
commission at its next regular meeting. The approval order must include information on the
process to appeal the director's order as described in this rule.
(4) A person who has filed an objection may appeal a director's approval order to the
commission. An appeal must be submitted within 30 days of the date of the commission
meeting(s) at which the commission received the order. An appeal must clearly identify an
alleged deficiency in the submittal based on the requirements of this division.
(5) The commission shall hold a hearing on a submittal referred by the director under section
(2) or appealed under section (4).
(a) The commission will consider the contents of the land use and transportation scenario
plan, the director's staff report, testimony from cities or counties that submitted the
plan, and testimony from any persons who filed objections to the plan.
(b) The commission may:
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(A) Remand the submittal with specific directions for needed changes consistent with the
requirements of this division; or
(B) Approve the submittal.
(6) The director shall issue an order of the commission's decision to the cities and counties and
to all participants in the hearing.
0130 Local Amendments to Implement Approved Land use and
Transportation Scenario Plan
This new rule describes the process for local governments outside of the Portland Metro area to
individually implement the regional scenario plan they jointly developed.
(1) Local governments shall amend comprehensive plans, land use regulations, and
transportation system plans to be consistent with and implement relevant portions of the
land use and transportation scenario plan approved by an order under OAR 660-044-0120.
"Consistent" for the purpose of this rule means city and county comprehensive plans and
implementing ordinances, on the whole, conform to the purposes of the performance
standards in the approved land use and transportation scenario plan.
(2) Cities and counties with an approved land use and transportation scenario plan under OAR
660-044-0120 may only adopt amendments to a comprehensive plan, land use regulation, or
transportation system plan that are consistent with the approved land use and
transportation scenario plan.
LCDC May Hearing Proposed Amendments to Division 44 Page 18 of 18
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May 18, 2022
Robin McArthur, Chair
Land Conservation and Development Commission
635 Capitol St. NE, Suite 150
Salem, OR, 97301-2540
RE: Climate-Friendly and Equitable Communities (CFEC) Rulemaking
Dear Chair McArthur and Land Conservation and Development Commissioners,
As mayors that represent communities impacted by the ongoing CFEC rulemaking, we are writing to
request the Department of Land Conservation and Development (DLCD) take more time to work with
local government partners to provide needed clarity and plan adequate funding for implementation.
We believe the state's efforts to meet Oregon's climate pollution reduction goals and create more
equitable outcomes for community members on the ground is critical and an effort we as your local
partners strongly support. As you're aware, local governments and other interested stakeholders have
spent considerable time engaging in this rulemaking process and have worked hard to provide
constructive feedback to find a path towards our shared goals. However, we continue to have concerns
about the draft rules. More time is necessary to ensure we're getting it right.
While we appreciate that some clarifications have been made based on local government feedback,
many of our priority concerns remain outstanding. Without workable solutions to the technical issues
we've identified, the rules will be difficult to implement. In addition,jurisdictions have identified
specific examples where the rules will result in less equitable outcomes for their communities and
stand to perpetuate historic planning disparities. Therefore, to ensure the draft rules can be
implemented as intended, we believe it is prudent to continue working together to address the
outstanding list of questions and concerns.
Lastly, the implementation of these rules depends on the capacity and resources of local governments
to fully incorporate the rules, which will take a significant amount of time and resources— both of
which are limited as we face state and local revenue uncertainty. Local governments are also busy
implementing recent legislation such as HB 2001, HB 2003, and wildfire planning, which unfortunately
means competing demands on both local staff and consultants, especially in the near term. We urge
you to consider the significant cost and staffing impacts to local governments as you further develop
these rules.
We appreciate your consideration of these comments and look forward to our continued partnership
as we work towards our common goal. Please vote to extend the rulemaking process to ensure these
rules can be implemented by your local partners, to fully scope and secure the resources needed for
success, and to better align our shared climate, housing, and equity goals.
Sincerely,
Mayor Alexander Johnson II, Albany
Mayor Julie Akins, Ashland
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May 18, 2022
Mayor Hank Williams, Central Point
Mayor Ray Smith, Coburg
Mayor Jeffrey C. Dalin, Cornelius
Mayor Biff Traber, Corvallis
Mayor Gery Schirado, Durham
Mayor Lucy Vinis, Eugene
Mayor Brian Cooper, Fairview
Mayor Tammy Stempel, Gladstone
Mayor Brad Studebaker, Gold Hill
Mayor Sara Bristol, Grants Pass
Mayor Travis Stovall, Gresham
Mayor Tom Ellis, Happy Valley
Mayor Steve Callaway, Hillsboro
Mayor Donna Bowen, Jacksonville
Mayor Cathy Clark, Keizer
Mayor Joe Buck, Lake Oswego
Mayor Terry Baker, Phoenix
Mayor Scott Hill, McMinnville
Mayor Randy Sparacino, Medford
Mayor Teri Lenahan, North Plains
Mayor Randy Lauer, Troutdale
Mayor Wayne Stuart, Rogue River
Mayor Chuck Bennett, Salem
Mayor Keith Mays, Sherwood
Mayor Sean VanGordon, Springfield
Mayor Frank Bubenik, Tualatin
Mayor T. Scott Harden, Wood Village
Cc: Land Conservation and Development Commissioners
Brenda Bateman, DLCD Director
Kirstin Greene, DLCD Deputy Director
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s COMMUNITY DEVELOPMENT
V �� O
GREG0
February 1, 2022
Director Jim Rue
Deputy Director Kirstin Greene
Oregon Dept. of Land Conservation and Development
(via email)
Re: Climate Friendly Equitable Communities Rulemaking (Governor's Executive Order 20-04)
Dear Director Rue and Deputy Director Greene:
The City of Lake Oswego supports the State's multi-agency effort to reduce greenhouse gas
emissions through the Climate Friendly and Equitable Communities (CFEC) initiative. This work
aligns with Lake Oswego's comprehensive plan, which focuses all new growth into existing centers,
employment areas, and neighborhoods. It also aligns with our sustainability and climate action plan,
which calls for deployment of EV infrastructure and attaining carbon neutrality by 2050, as well as
Lake Oswego's priorities for diversity, equity and inclusion. And finally, it is consistent with the
goals of our transportation system plan, which emphasize safe, reliable, and sustainable
transportation choices.
Unfortunately, the CFEC rulemaking process has not allowed sufficient time to develop the new
rules, much less time for local governments to participate to ensure the rules can be implemented.
The draft rules consist of nearly 200 pages of regulations that would supersede longstanding state
planning rules and obligate local jurisdictions statewide to undertake an extensive and expensive
process of updating their comprehensive plans, transportation system plans, land use regulations,
and (for those cities that have them) parking management programs. Only recently has the
rulemaking team prepared revisions to the draft rules that begin to address some of the issues that
local governments have raised and continue to be concerned about.
As a city of 41,000 people in the Portland metro area, we will be responsible for implementing the
CFEC rules, and we are concerned that the final product will not achieve the goal of reduced
greenhouse gas emissions. We have four requests:
• Allow enough time for implementation. It is unclear how cities can provide an inclusive and
equitable public engagement process and complete required technical work to implement
the rules under the draft deadlines. Based on experience with similar rulemaking initiatives,
we recommend allowing at least three (3) years from adoption of the rules for
implementation. For example, when LCDC adopted the Transportation Planning Rule (TPR)
in 1991, it took most jurisdictions at least three years, many took longer, to comply with the
rule, and the State twice amended the TPR to extend its deadlines. When California updated
503-635-0290 380 A AVENUE PO Box 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
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Page 2 of 2
its CEQA rules to use Vehicle Miles Traveled (VMT) as the measure of a transportation
impact, it took seven (7)years from the signing of the law to implementation. Governor
Brown signed Executive Order 20-04 initiating this rulemaking in 2020, the RAC has been in
place for less than 1.5 years, and local agencies are expected to adopt updates in
compliance with this new rule by 2023.
• Provide funding. We understand the State intends to provide funding for local planning in
compliance with the rules, however, based on past experience, we are concerned that it will
take longer for the State to make that funding available than expected due to procurement
rules and other factors beyond DLCD's control. We ask that DLCD budget sufficient
resources and, instead of creating another competitive grant program, make direct funding
allocations to cities and counties to complete the necessary planning.
• Avoid unintended consequences by focusing on outcomes.The draft rules are overly
prescriptive and likely to have unintended consequences. For example, it is unclear how the
land use requirements in climate friendly areas (Section 0320) relate to the requirements of
House Bill 2003. Under HB 2003, our city is required to update its Housing Needs Analysis by
June 2023 and prepare a Housing Production Strategy by 2024. How do the CFEC rules align
with those mandates? It is also unclear how the proposed transportation planning and
performance measures will be implemented, and how a city may comply with the parking
reforms for climate friendly areas (Sections 0435—0450) if it does not already have a
parking program; or how a city can be expected to create such a program within the one-
year deadline. We would rather see the State adopt an outcomes-based approach that
considers local conditions and input from practitioners.
• Respect your local partners. We ask that DLCD solicit additional input from local
governments and incorporate our input before submitting draft rules to the Department of
Justice. We also request that DLCD prepare a public review draft of the revised rules
following DoJ review, and solicit additional input from local governments statewide before
presenting the rules to LCDC for public hearings.
We believe that with additional time for rulemaking, local input, and realistic timelines for
implementation, we will all be in a better position to meet the goals of reduced greenhouse gas
emissions and equity. Thank you for considering our comments.
Sincerely,
Scot Siegel, FAICP, LEED-AP
Community Development Director
Cc: Mayor Joe Buck and City Council
Martha Bennett, City Manager
Erica Rooney, City Engineer/Public Works Director
Amanda Watson, Sustainability Program Manager
Madison Thesing, Assistant to the City Manager
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