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Staff Memo 07-14-23 PC Mtg 07-24-23 w-Attach PP 22-0001 503-635-0290 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY TO: Planning Commission FROM: Erik Olson, Long Range Planning Manager SUBJECT: Climate Friendly and Equitable Communities Rules (PP 22-0001) Work Session #1 DATE: July 14, 2023 MEETING DATE: July 24, 2023 EXECUTIVE SUMMARY & ACTION REQUESTED This memo provides background for the Commission’s July 24 work session in which staff will provide an overview of the City’s compliance with the State’s Climate-Friendly and Equitable Communities (CFEC) rules. The City complies with Phase A of the CFEC parking requirements under OAR 660-012-0430 and 660-012-0440 by direct application of the state rules, which became effective on January 1, 2023. These rules required that the City reduce parking mandates for multifamily residential developments and eliminate parking mandates for affordable housing, childcare facilities, facilities for people with disabilities, small residential units (< 750 sq. ft.), and all development within ½ mile of frequent transit corridors. See Parking Phase A, below. The City also complies with state requirements for electric vehicle conduits under OAR 660-012- 0410 by direct application of state rules, which became effective on April 1, 2023. These rules mandate that 40% of all vehicle parking spaces have conduit to serve electric vehicle (EV) charging for new multifamily residential buildings with five or more residential dwelling units, and new mixed-use buildings consisting of privately-owned commercial space and five or more residential dwelling units. See Electric Vehicle Conduit Requirements, below. Phase B of the parking reform component of CFEC requires that the City comply with one of three parking policy reform options, as summarized under Parking Reform Options, below. Staff has reviewed the CFEC rules and determined that, while the City already complies with some of the Phase B parking requirements (e.g., the designation of Climate-Friendly Areas), more time will be needed to implement others. See Parking Phase B, below. Since the last Planning Commission update, the City requested and received approval from the state Department of Land Conservation and Development (DLCD) for an alternative deadline of Page 2 of 15 December 31, 2024, to comply with the parking rules for Phase B of CFEC (see Attachments B and D). This extension was necessary to balance staff workload and in order to better coordinate changes in parking policy with the development of the City’s Housing Production Strategy (HPS). See Project Schedule, below. The purpose of the July 24 work session is for the Commission to receive an update on the City’s compliance with initial phases of CFEC, and to learn more about Phase B of the CFEC parking reform requirements. BACKGROUND On March 10, 2020, then-Governor Kate Brown issued Executive Order 20-04 (Attachment G), directing state agencies to reduce climate pollution. In response, the Land Conservation and Development Commission (LCDC) directed DLCD to draft updates to Oregon's transportation and housing planning rules and to convene a rulemaking advisory committee to help guide rule development. On August 17, 2022, LCDC adopted permanent rules to guide the implementation of the CFEC program. These rules require that cities in the state’s eight metropolitan areas – including cities in the Portland Metro area – update their comprehensive plans and development regulations to reduce greenhouse gas (GHG) emissions, with a particular focus on reducing emissions from transportation, such that Oregon can meet its climate mitigation goals by the year 2050. Per Attachment E, the rules require cities – including Lake Oswego – to, “change their local transportation and land use plans to do more to ensure Oregonians have more safe, comfortable ways to get around, and don’t have to drive long distances just to meet their daily needs.” The rules are intended to, “improve equity, and help community transportation, housing, and planning serve all Oregonians, particularly those traditionally underserved and discriminated against” (Attachment E). More specifically, the rules mandated that cities implement requirements related to electric vehicle charging, parking reform, housing, and transportation planning on a multi-phased schedule, as follows:  Parking Phase A – compliance by December 31, 2022  EV Charging – compliance by March 31, 2023  Housing in Climate-Friendly Areas – compliance by December 31, 2023  Transportation System Plan Update – deadline TBD, likely November 2024 o Cities must comply within one year of the adoption of Metro’s Regional Transportation Plan (RTP) update, currently scheduled for November 2023  Parking Phase B – DLCD-approved alternative deadline is December 31, 2024 Page 3 of 15 See below for more discussion of each of the above-mentioned elements required for compliance with CFEC rules. PARKING PHASE A The City met the December 31, 2022 deadline for compliance with Phase A of the CFEC parking reform rules per OAR 660- 012-04301 and 660-012-04402. Beginning on January 1, 2023, the following parking rules became applicable by direct application of the state rules to new development in Lake Oswego:  Only one parking space per unit is required for multifamily residential development, regardless of location;  No parking is required for small residential units (<750 square feet), affordable units3, child care uses, facilities for people with disabilities, or shelters; and  No parking is required within ¾ mile of rail stations or ½ mile of frequent transit corridors (one-hour or greater service). While there are no rail stations within the City of Lake Oswego, TriMet Bus Line #35 is the City’s most frequent bus transit line and is considered a “frequent transit corridor” for the purpose of the CFEC rules. Accordingly, there are no parking requirements within one-half mile of the service route of Bus Line #35, which covers a broad corridor along Highway 43/State Street and in Downtown Lake Oswego. As allowed under CFEC rules, staff received direction from the City Council to apply these rules directly – instead of including them as amendments to the development code. The City has published technical resources to aid in that process, and is promoting the exemption by making the information available on our public-facing, interactive GIS map as well as a cross-reference in the Parking Standard (LOC 50.06.002) in the online code. 1 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293032. 2 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293034. 3 “Affordable housing” is defined in OAR 660-039-0010 as: “(a) Housing units available for rent, with or without government assistance, by households who meet applicable maximum income limits, not to exceed 80 percent of the area median income, adjusted for family size, as determined based on data from the United States Department of Housing and Urban Development or its successor agency, and in a manner so that no more than 30 percent of the household’s gross income will be spent on rent and utilities; (b) Housing units available for purchase, with or without government assistance, by households who meet applicable maximum income limits, not to exceed 80 percent of the area median income, adjusted for family size, as determined based on data from the United States Department of Housing and Urban Development or its successor agency, and in a manner so that no more than 30 percent of the household’s gross income will be spent on home loan or mortgage payments, amortized interest, property taxes, insurance, and condominium or association fees, if any; or (c) Spaces in manufactured dwelling parks available for rent, with or without government assistance, by households who meet applicable maximum income limits, not to exceed 100 percent of the area median income, adjusted for family size, as determined based on data from the United States Department of Housing and Urban Development or its successor agency.” Page 4 of 15 A map of areas where parking requirements have been eliminated pursuant to Phase A of the CFEC parking reform rules is included below and in Attachment C; staff notes that the one-half mile distance from Bus Line #35 shown in the map is based on straight distance and does not consider topography. Page 5 of 15 ELECTRIC VEHICLE CONDUIT REQUIREMENTS The City met the March 31, 2023 deadline for compliance with the EV charging requirements of the CFEC, per OAR 660-012-04104 by direct application of the state rules. As such, 40% of all vehicle parking spaces are now required to have conduit to serve electric vehicle charging for the following development types:  New multifamily residential buildings with five or more residential dwelling units; and  New mixed-use buildings consisting of privately-owned commercial space and five or more residential dwelling units. Staff notes that these requirements relate to the electric service capacity provided within the building, but do not require that actual EV charging stations be provided. The state defines “electric service capacity” in ORS 455.4175 to refer to two parts: 1. A designated location or space for electrical service, if not actual service. 2. A conduit system from that location to parking spaces. That conduit system must be able to support wiring for installation of Level 2 or above electric vehicle charging stations. Similar to Phase A of the parking rules, the state administrative rules are applied directly, and no changes have been made to the Development Code to implement this requirement. For ease of implementation, staff recommends that the Development Code be amended to include the above-mentioned EV conduit requirements concurrently with the code amendments that will be required for Phase B of the CFEC parking requirements (due December 31, 2024). HOUSING IN CLIMATE-FRIENDY AREAS The CFEC rules for housing in OAR 660-008-00106 and 660-012-03107 require that cities within a metropolitan area other than the Portland metropolitan area zone Climate Friendly Areas (CFAs) in order to accommodate at least 30% of the city’s housing need in such areas. From the DLCD summary in Attachment E: The rules require cities, and some urbanized county areas, with a population over 5,000 within the seven metropolitan areas outside of Portland Metro to adopt regulations allowing walkable mixed-use development in defined areas within urban growth boundaries. The rules for the Portland Metro area support implementation of the region’s 2040 Growth Concept… As the requirements primarily apply to cities outside of the Portland metro area, Lake Oswego is already in compliance with applicable CFEC rules for housing in CFAs. The City has already designated and adopted implementing regulations for our two Town Centers (Downtown Lake 4 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293028. 5 Available at https://oregon.public.law/statutes/ors_455.417. 6 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=292984. 7 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293018. Page 6 of 15 Oswego and Lake Grove) in compliance with Metro’s 2040 Growth Concept and Urban Growth Management Functional Plan. TRANSPORTATION SYSTEMS PLAN UPDATE Under CFEC rules for Scenario Planning (OAR Division 44), Metro is required to undertake scenario planning as it updates the Regional Transportation Plan (RTP) for the purpose of reducing greenhouse gas emissions from motor vehicles. Following Metro’s adoption of updates to the RTP, cities in the Portland metro area are required to update their transportation system plans (TSPs) for consistency with the RTP within one year of RTP adoption. TSPs in metropolitan areas must include the following elements as required by OAR 660-0012- 01008, 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; 8 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=292997. Page 7 of 15 (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; (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. On July 10, 2023, Metro released a draft 2023 RTP and made the document available for public comment through August 25, 2023; the Commission received a presentation from Metro and City Engineering staff regarding the RTP and TSP updates at their July 10 meeting. Metro must complete its RTP update by December 6, 2023, though its current work plan aims to complete the update in November 2023. Based on this schedule, Lake Oswego’s deadline to update the City’s TSP will likely be November 2024. PARKING PHASE B The rules for Phase B of the parking reform requirements under CFEC are contained in OARs 660-012-0012(4)(f)9, 660-012-040010, 660-012-040511, and 660-012-041512 through 660-012- 045013. In January of this year, the City received approval from DLCD (Attachment B) for an alternative deadline of December 31, 2024, to better coordinate changes in parking policy for compliance with Phase B of CFEC with the development of the City’s Housing Production Strategy (HPS) as required under House Bill 2003 (2019). This extension allows additional time for our community to consider CFEC’s policy options for parking reform together with options related to housing production, which we expect will achieve better outcomes for the climate while encouraging the production of needed housing. (Staff Memo continues on next page) 9 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301173. 10 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293026. 11 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301177. 12 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301178. 13 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293036. Page 8 of 15 Parking Regulation Improvement [OARs 660-012-0405 and 660-012-0415] Baseline requirements for compliance with Phase B of CFEC parking reform are outlined in OAR 660-012-040514 and 660-012-041515. In summary, these rules require the City to improve existing parking regulations by:  Requiring preferential placement of carpool/vanpool parking;  Allowing redevelopment of any portion of a parking lot for bike or transit uses;  Allowing and encouraging redevelopment of underutilized parking for other uses;  Allowing and facilitating shared parking;  Requiring that surface parking lots more than ½ acre in size have either 40% tree canopy, include green energy technology, or include solar panels;  Requiring street trees along driveways or a minimum of 30 percent tree canopy coverage over parking areas;  Requiring the provision of pedestrian facilities between buildings and pedestrian- oriented rights-of-way; and  Establishing off-street parking maximums in appropriate locations, such as downtowns, designated regional or community centers, and transit-oriented developments. In addition, OAR 660-012-0415 specifies that cities with greater than 25,000 population in the Portland metro area – including Lake Oswego – must set certain parking maximums in specified areas. Staff notes that, 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 parking maximum-related rules in OAR 660-012-0405(5). (Staff Memo continues on next page) 14 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301177. 15 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301178. Page 9 of 15 Parking Reform Options [OAR 660-012-0420 through 0450] Further requirements for compliance with Phase B of CFEC parking reform are outlined in OAR 660-012-042016 through 660-012-045017. In general, these rules require the City to reform existing parking mandates based on the three following options: Source: CFEC Parking Reform Overview, DLCD, November 16, 2022. Option 1 offers the simplest route to compliance, but would require the City to repeal all parking requirements in the Development Code. Options 2 and 3 are alternative routes that would both allow the City to maintain parking requirements while meeting an extensive list of additional restrictions on those requirements. Requirements for both Options 2 and 3 Under Options 2 or 3, CFEC rules require compliance with all eight land use regulations in OAR 660-012-042518, excerpted below. While the Community Development Code partially complies 16 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293030. 17 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293036. 18 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301179. Page 10 of 15 with some of these requirements (as indicated by regular typeface), the Code does not comply with four of the eight items (which are shown in bold): (2) 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; (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 people with 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. Parking spaces that include electric vehicle charging while an automobile is parked shall count towards parking mandates; 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. In Lake Oswego, 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.19 Additionally, the CFEC rules for Options 2 or 3 in OAR 660-012-0435(2)20, excerpted below, require the City to either remove minimum parking requirements within and one-quarter mile from designated CFAs or adopt parking management policies within those areas. 19 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)). 20 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301180. Page 11 of 15 (2) Cities and counties shall adopt land use regulations addressing parking mandates in climate-friendly areas as provided in OAR 660-012-0310. Cities and counties in Metro shall adopt land use regulations addressing parking mandates in regional centers and town centers designated under the Metro Title 6, Centers, Corridors, Station Communities and Main Streets, Adopted Boundaries map. In each such area, cities and counties shall either: (a) Remove all parking mandates within the area and on parcels in its jurisdiction that include land within one-quarter mile distance of those areas; or (b) Manage parking by: (A) Adopting a parking benefit district with paid on-street parking and some revenues dedicated to public improvements in the area; (B) Adopting land use amendments to require no more than one-half off-street parking space per dwelling unit in the area; and (C) Adopting land use regulations without parking mandates for commercial developments. A major consideration in selecting from the available options for compliance will be the on- going administration of new policies for shared parking or parking district management. Option 2 – “Fair Parking” Approach The CFEC rules for Option 2 require the City to implement three of the five provisions in OAR 660-012-0445(a)21, excerpted below. While the Community Development Code may already comply with one of these items (as indicated by regular typeface), the Code does not comply with the four of the five items (which are shown in bold) (a) A fair parking policy approach shall include at least two of the following five provisions, including at least one provision from paragraphs (A)-(C): (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; 21 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301181. Page 12 of 15 (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. Staff notes that the flexible commute benefit requirement of provision C may already be met, because employers with 50 or more employees in the Portland Metro area are already required by the State Department of Environmental Quality (DEQ) to provide incentives for commuting by means other than a single-occupant vehicle. While the City of Lake Oswego employs more than 50 people and meets DEQ requirements to provide free TriMet bus passes and designate preferential carpool parking spaces, it is unclear whether compliance with these DEQ rules also satisfies the CFEC rules. The City could comply with provision E by amending the Development Code to reduce the parking requirement for multifamily housing. However, the remaining choices under Option 2 (provisions A, B, and D) are more difficult to implement. The implementation of any of these three provisions would have a budgetary impact, which could be negative as the City currently has no known commercial parking lots. Both provisions A and B would involve the City requiring that any parking provided for 5+ unit residential development and commercial development be “unbundled” – or separately leased/sold – from the development for which the parking was provided. “Unbundled parking” is defined in OAR 660-012-0005(57): “Unbundled parking” means a requirement that parking spaces for each unit in a development be rented, leased, or sold separately from the unit itself. The parking space(s) must be rented, leased, or sold at market rates for comparable local off-street parking. The renter, lessor, or buyer of the unit must be allowed to opt out of renting, leasing, or buying the parking space. Staff notes that it is unclear whether the City can legally require developers to unbundle parking spaces to commercial tenants and homebuyers in middle housing or multifamily developments. Regarding provision D, a tax on commercial parking lot revenue would be difficult to administer. While amending the code to meet at least three of the five provisions above will require staff time, the greater cost concern is with ongoing administration and enforcement of these new, untested policies. Option 3 – “Reduced Regulation Parking Management” Approach Generally speaking, the rules for Option 3 would require the City to adopt several regulations reducing or eliminating parking regulations for several types of development, uses, and Page 13 of 15 locations, including eliminating all parking requirements in designated CFAs. (As mentioned above, in the Portland metro area, CFAs include designated Regional Centers and Town Centers. In Lake Oswego, that includes Downtown Lake Oswego and the Lake Grove Village Center.) The CFEC rules for Option 3 require the City to implement all 14 of the provisions in OAR 660- 012-0445(b)22, excerpted below. The Community Development Code partially complies with only one of these 14 requirements, as indicated by regular typeface. The Code does not comply with any of the 13 items in bold: (A) A repeal of all parking mandates within one-half mile pedestrian travel of climate- friendly areas; Staff note: A repeal of parking within CFAs and within ¼ mile of CFAs may otherwise be required per OAR 660-012-0435(2). (B) A repeal of parking mandates for 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; Staff note: 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; (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; 22 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301181. Page 14 of 15 (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; and (N) Implementation of at least one pricing mechanism, either: (i) Designation of at least one residential parking district or parking benefit district where on-street parking is managed through paid permits, meters, or other payments; or (ii) Requirements that parking for multi-family residential units be unbundled parking. With respect to provision A, a repeal of parking mandates within ½ mile pedestrian travel of CFAs would apply to much of the city, including residential neighborhoods adjacent to the Downtown/Foothills and Lake Grove areas. Repeal of parking for schools, per provision L, 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, per provision K, are potentially problematic to administer and enforce. With respect to the pricing mechanism requirements in provision N, there are two alternatives for the City to reach compliance. The first alternative – (N)(i) – would require the creation of parking districts with a residential parking permit program. Creating a new program such as this would have significant budgetary impact and it is difficult to estimate these costs for a city the size of Lake Oswego. The second alternative for provision N – (N)(ii) – would involve the City requiring unbundled parking for multifamily residential units but not for middle housing developments of 5+ units. As mentioned above under Option 2 – “Fair Parking” Approach, there are concerns as to whether the City can legally require developers to unbundle parking spaces to homebuyers in multifamily developments. Proposed Project Schedule As mentioned above, the City has received approval from DLCD for an alternative deadline of December 31, 2024, to comply with the parking rules for Phase B of CFEC (see Attachments B and D). A tentative project schedule for Phase B of the parking reform requirements of CFEC is included in Attachment A; a summary of key dates is provided below. Page 15 of 15 CFEC Parking Phase B – Project Schedule Rulemaking Updates & Extension Request [Jun 2022- Jul 2023] Council Study Session #1 Jun 21, 2022 PC Update #1 Jun 27, 2022 PC Update #2 Jan 9, 2023 PC Work Session #1 Jul 24, 2023 Work Plan & Scoping [Aug – Sep 2023] CC Study Session #2 Sep 5, 2023 PC Work Session #2 Sep 25, 2023 Parking Alternatives [Oct – Dec 2023] CC Study Session #3 Dec 5, 2023 PC Work Session #3 Dec 11, 2023 Initial Concepts & Recommendations [Jan – Apr 2024] CC Study Session #4 Mar 5, 2024 PC Work Session #4 Mar 11, 2024 Public Workshop Event Apr 2024 Refined Parking Concepts [Apr – Jun 2024] CC Study Session #5 Jun 4, 2024 PC Work Session #5 Jun 10, 2024 CFEC Parking Code Amendments [Jul – Nov 2024] PC Hearing Sep 23, 2024 CC Hearing Nov 5, 2024 Final Adoption Nov 19, 2024 ATTACHMENTS A. CFEC Project Schedule, 06/20/2023 B. DLCD - CFEC Rules Alternative Date Request Granted, 01/20/2023 C. CFEC Parking Phase A Map, 01/01/2023 D. CFEC Rules Alternative Date Request, 12/19/2022 E. DLCD - CFEC Program Overview, 07/21/2022 F. DLCD - CFEC Implementation Guide, 07/21/2022 G. Oregon Governor Executive Order 20-04, 03/10/2020 Climate-Friendly & Equitable Communities (CFEC) Code Amendments Rulemaking Updates & Extension Request [Jun 2022 – Jul 2023] CFEC CC-SS #1 Jun 21, 2022 CFEC PC Update #1 Jun 27 CFEC PC Update #2 Jan 9, 2023 CFEC PC-WS #1: Review of Rules / Options Jul 24 Work Plan / Public Involvement Plan / Scoping [Aug – Sep 2023] CFEC CC-SS #2: Work Plan / Public Involvement / Scoping Sep 5 CFEC PC-WS #2: Work Plan / Public Involvement / Scoping Sep 25 Evaluation of Parking Alternatives [Oct – Dec 2023] HPS Task Force Meeting #4: HPS Alternatives Oct 20 HPS CC-SS #4: HPS Alternatives Nov 21 HPS PC-WS #4: HPS Alternatives Nov 27 CFEC CC-SS #3: Evaluation of Parking Alternatives Dec 5 CFEC PC-WS #3: Evaluation of Parking Alternatives Dec 11 Initial Concepts / Recommendations [Jan – Apr 2024] HPS Task Force Meeting #5 Initial HPS Recommendations Jan 19, 2024 HPS CC-SS #5: HPS Initial Recommendations Feb 6 HPS PC-WS #5: HPS Initial Recommendations Feb 12 HPS Community Forum / Public Workshop Event #1 Late Feb - Early Mar CFEC CC-SS #4: Initial Concepts / Recommendations Mar 5 CFEC PC-WS #4: Initial Concepts / Recommendations Mar 11 Community Forum / Public Workshop Event April Refined Parking Concepts [Apr – Jun 2024] HPS Task Force Meeting #6: Refine HPS Recommendations Apr 5 Draft HPS Report April 19 HPS CC-SS #6: Refine HPS Recommendations (joint meeting?) May 7 HPS PC-WS #6: Refine HPS Recommendations May 13 Final HPS Report Jun 3 CFEC CC-SS #5: Refined Parking Concepts / Draft Code Jun 4 CFEC PC-WS #5: Refined Parking Concepts / Draft Code Jun 10 CFEC Parking Code Amendments [Jul – Nov 2024] Draft Code Amendments Jul 1 Final Code Amendments Aug 5 DLCD Notice Aug 19 Planning Commission Public Hearing (PC-PH) Sep 23 +Adoption of Findings Oct 14 City Council Public Hearing (CC-PH)Nov 5 +Adoption of Findings Nov 19 PP 22-0001 ATTACHMENT A/PAGE 1 OF 1 Department of Land Conservation and Development 635 Capitol Street NE, Suite 150 Salem, Oregon 97301-2540 Phone: 503-373-0050 Fax: 503-378-5518 www.oregon.gov/LCD January 20, 2023 Scot Siegel, Community Development Director City of Lake Oswego PO Box 369 Lake Oswego, OR 97034 By Email: ssiegel@ci.oswego.or.us Subject: Alternative Dates Granted as Provided in OAR 660-012-0012(3) Dear Director Siegel, I am writing in response to the city’s request of December 19, 2022 for an alternative date for compliance with portions of the Oregon Administrative Rules (OAR) chapter 66, division 12, as provided in OAR 660-012-0012(3). The city’s request included: • An alternative date of December 31, 2024 for OAR 660-012-0012(4)(f) to adopt comprehensive plan amendments and land use regulations as provided in OAR 660-012-0400, OAR 660-012-0405, and OAR 660-012-0415 through OAR 660- 012-0450. I have considered each of the criteria in OAR 660-012-0012(3)(f) in granting this alternative date. The criteria are: (f) The director shall review the proposed alternative dates to determine whether the proposed alternative dates meet the following criteria: (A) Ensures urgent action; (B) Coordinates actions across jurisdictions within the metropolitan area; (C) Coordinates with work required as provided in OAR 660-044-0100; (D) Sequences elements into a logical progression; and (E) Considers availability of funding and other resources to complete the work. I find that the city meets the criteria in OAR 660-012-0012(3)(f), and therefore the alternative date is granted. A summary of this approval is included in Attachment A. PP 22-0001 ATTACHMENET B/PAGE 1 OF 3 Page 2 of 3 Sincerely, Brenda Bateman, Ph.D. Director CC: Matt Crall, DLCD Planning Services Division Manager Erik Havig, ODOT Statewide Policy and Planning Manager Kelly Reid, DLCD Regional Representative Neelam Dorman, ODOT Region 1 Planning Manager Theresa Conley, ODOT Transportation Planner Bill Holmstrom, DLCD Land Use and Transportation Planning Coordinator Evan Manvel, DLCD Land Use and Transportation Planner Cody Meyer, DLCD Land Use and Transportation Planner PP 22-0001 ATTACHMENET B/PAGE 2 OF 3 Page 3 of 3 Attachment A Alternative Dates – City of Lake Oswego The city has been granted the following alternative dates as provided in OAR 660-012- 0012(3). • An alternative date of December 31, 2024 is approved for OAR 660-012- 0012(4)(f) to adopt comprehensive plan amendments and land use regulations as provided in: OAR 660-012-0400: Parking Management OAR 660-012-0405: Parking Regulation Improvements OAR 660-012-0415: Parking Maximums and Evaluation in More Populous Communities OAR 660-012-0420: Exemption for Communities without Parking Mandates OAR 660-012-0425: Reducing the Burden of Parking Mandates OAR 660-012-0430: Reduction of Parking Mandates for Development Types OAR 660-012-0435: Parking Reform in Climate Friendly Areas OAR 660-012-0440: Parking Reform Near Transit Corridors OAR 660-012-0445: Parking Management Alternative Approaches OAR 660-012-0450: Parking Management in More Populous Communities PP 22-0001 ATTACHMENET B/PAGE 3 OF 3 S Sergi \ City of Lake Oswego Properties a Half Mile* from Bus Lines 35 *Half mile is straight out from bus route. - - -Lake Oswego City Limits 0 SE O k Grove Blvd USB Boundary -Rte. 35 0.25 en rn ;:: PP 22-0001 ATTACHMENT C/PAGE 1 OF 1 KDDhE/dzs>KWDEd    ϱϬϯͲϲϯϱͲϬϮϵϬϯϴϬsEhWKKyϯϲϵ><K^t'K͕KZϵϳϬϯϰttt͘><K^t'K͘/dz  ĞĐĞŵďĞƌϭϵ͕ϮϬϮϯ;ǀŝĂĞŵĂŝůͿ  ŝƌĞĐƚŽƌƌ͘ƌĞŶĚĂKƌƚŝŐŽnjĂĂƚĞŵĂŶ ĐͬŽʹŝůů,ŽůŵƐƚƌŽŵ KƌĞŐŽŶ>ĂŶĚŽŶƐĞƌǀĂƚŝŽŶĂŶĚĞǀĞůŽƉŵĞŶƚ  ĞĂƌƌ͘ĂƚĞŵĂŶ͗  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ATTACHMENT D/PAGE 11 OF 11 Climate-Friendly and Equitable Communities Why this Rulemaking In 2007, Oregon legislators adopted a policy and goal to reduce Oregon’s climate pollution by 75% by 2050. That’s what the science calls for, if we’re going to avoid catastrophic impacts to our environment, communities, and economy. Fifteen years later, we’re far off track in our efforts to meet those goals – and we’re already experiencing real-world impacts of climate disruption, with increasing wildfires, in size, severity, and timing, and record heat waves that have cost Oregonians their homes, and their lives. We’re particularly off-track in reducing pollution from transportation, responsible for about 38% of Oregon’s climate pollution. On our current path, Oregon will only reduce transportation pollution by about 20% by 2050. That means we’re polluting far more than we hoped, meaning more extreme weather events, more wildfires, more ocean acidification, and more record heat waves. In response, Governor Brown directed state agencies to promote cleaner vehicles, cleaner fuels, and less driving. Meanwhile, the State of Oregon is grappling with a troubling history and current patterns of inequity and discrimination, including in our land use, zoning, and transportation investment (and disinvestment) decisions. Wealth and health have been concentrated in the privileged, at the expense of others. This rulemaking aims to take some steps in redressing past harms. Rulemaking Overview and Desired Outcomes The Land Conservation and Development Commission launched the Climate-Friendly and Equitable Communities rulemaking in September 2020. The commission directed the Department of Land Conservation and Development (DLCD), Oregon’s land use planning agency, to draft changes in Oregon’s planning system for communities in Oregon’s eight most populated areas (see map at right). The rules require those communities to change their local transportation and land use plans to do more to ensure Oregonians have more safe, comfortable ways to get around, and don’t have to drive long distances just to meet their daily needs. The rules also aim to improve equity, and help community transportation, housing, and Thousands of Oregonians have lost their homes in recent wildfires. Missing our climate goals will mean more extreme and more frequent weather events such as heat bombs, droughts, and wildfires. The rules apply in Oregon’s eight metropolitan areas shown above. Oregon is dramatically off-track. If current trends continue, Oregon will release more than 4 times more transportation pollution than our goal by 2050. PP 22-0001 ATTACHMENT E/PAGE 1 OF 6 planning serve all Oregonians, particularly those traditionally underserved and discriminated against. What does that mean on the ground? It means having some areas where rules don’t get in the way of more walkable neighborhoods. The rules ask 15 communities to designate climate- friendly areas, and to allow people to build taller buildings providing more housing. The rules don’t require taller buildings, but make sure those buildings are allowed. In climate-friendly areas, a minimum density standard would help ensure transit can serve the neighborhood. Other provisions of the rulemaking call for new buildings to support the growing electric vehicle transformation, reduce one-size-fits-all parking mandates, and increase local planning requirements to address critical gaps in our walking, biking, and transit networks. The rules ask communities to identify transportation projects needed so our climate goals could be met. The rulemaking is mainly about letting climate-friendly development happen where people want to build it and the market calls for it. There’s a lot of demand for housing where people can walk to where they want to go. While single-family homes will continue to be allowed and provide most housing, Oregonians have a diverse set of housing desires and deserve more affordable and climate-friendly choices. Those could better meet the changing shape of American households, as nearly a third of homes hold just one person. But again, people can choose what best meets their needs. Equitable Mapping, Engagement and Decision-Making One central outcome of this rulemaking is an increased emphasis on equity. The rulemaking has worked to integrate equity, starting with the rulemaking charge and title. Equity was key as DLCD attempted to have the composition of the advisory committee reflect the diversity of Oregon’s communities, and equity was one of the first tasks tackled by the group. The rulemaking advisory committee spent significant time at many of its meetings discussing equity, and developed an Equitable Outcomes Statement to guide the rulemaking drafting and implementation. The rulemaking conducted a racial equity analysis of the rules and an analysis on how the rules could be improved to serve people with disabilities. The committee subsequently reviewed a table listing how each item in the Equitable Outcomes Statement was or was not brought forth into the draft rules, and what next steps might be. The rules define traditionally underserved populations to include Black and African American people, Indigenous people, People of Color, people with limited English proficiency, people with disabilities, low-income Oregonians, youth and seniors, and more. They require mapping of traditionally underserved populations, local consideration of a set of anti-displacement actions should decisions contribute toward displacement, centering the voices of underserved populations in decision-making, and regular reporting on efforts to engage traditionally underserved populations. 1938 Redlining map of Portland. Redlining allowed white people to build wealth through homeownership. PP 22-0001 ATTACHMENT E/PAGE 2 OF 6 Climate-Friendly Areas A climate-friendly area is an area where residents, workers, and visitors can meet most of their daily needs without having to drive. They are urban mixed-use areas that contain, or are planned to contain, a greater mix and supply of housing, jobs, businesses, and services. These areas are served, or planned to be served, by high quality pedestrian, bicycle, and transit infrastructure to provide frequent, comfortable, and convenient connections to key destinations within the city and region. Why are climate-friendly areas important? A key component of Oregon’s plan to meet our climate pollution reduction and equity goals is facilitating development of urban areas in which residents are less dependent upon the single occupant vehicle. Before the automobile became common in American life, cities grew more efficiently, with a variety of uses in city centers and other areas that allowed for working, living, and shopping within a walkable or transit accessible area. Over the last 100 years, the automobile and planning practices have served to separate activities, creating greater inequities within cities and widespread dependence upon climate- polluting vehicles to meet daily needs. Climate-friendly areas will help to reverse these negative trends, with some actions taking place in the short term, and others that will occur with development and redevelopment over time. The rules require cities, and some urbanized county areas, with a population over 5,000 within the seven metropolitan areas outside of Portland Metro to adopt regulations allowing walkable mixed-use development in defined areas within urban growth boundaries. The rules for the Portland Metro area support implementation of the region’s 2040 Growth Concept. Areas will be sized to accommodate a portion of the community’s housing, jobs, and services. Local governments will determine where these areas will be located, but many of these areas will likely be established in existing downtowns that may currently allow for mixed uses and higher densities. Associated requirements will ensure high quality pedestrian, bicycle, and transit infrastructure is available within these areas to provide convenient transportation options. The rules provide a process for local governments to first identify potential climate-friendly areas, then later to adopt development standards for the areas best-suited for this purpose. The rules provide some minimum requirements for climate-friendly areas, with a set of clear and objective standards that may be adopted, or a process for local governments to craft their own standards. Cities of more than 10,000 will monitor housing production within these areas over time and develop strategies to facilitate desired development. Reforming Costly Parking Mandates Excess parking has a significant negative impact on housing costs, business costs, the feasibility of housing development and business redevelopment, walkability, air and water pollution, climate pollution, and general community character. Parking mandates force people who don’t own or use cars to pay indirectly for other people’s parking. Carless households tend to be the poorest households. Parking demand varies significantly Parking uses a huge amount of high-value land. Off-street parking in downtown Corvallis in red. Oregon already has some climate-friendly areas, pleasant places to meet one's needs without needing to drive. PP 22-0001 ATTACHMENT E/PAGE 3 OF 6 from development to development, and about one-sixth of Oregon renter households own zero vehicles. Planning practices of the past have imposed a one-size-fits-all requirement everywhere, creating incentives to own more cars and drive more. The rules encourage the diversity of parking needs to be met by the diversity of development. The rules would reduce or remove costly parking mandates for desired types of development, such as smaller housing types, small businesses, childcare facilities, multi-family housing, and historic buildings. The rules would completely remove parking mandates within one-half mile of frequent transit and three-quarters of a mile of rail stops, where parking demand is lower per unit. The rules give communities options to improve parking management. Those who adopt best practice parking policies would get more flexibility. The rules require cities with over 100,000 population that choose to continue to mandate off-street parking to eventually charge at least 50 cents per day for 10% of on-street parking spots. Getting Ready for Oregon’s Electric Vehicle Future Making our vehicles cleaner is a key part in meeting Oregon’s climate goals. Oregon has a vision where 90% of new vehicles will be electric by 2035. To meet that goal, we need to ensure people can charge their vehicles. The most convenient place to do so is at home, but many Oregonians live in older multi-family homes that would be very expensive to retrofit. Thus, the rules require new housing and mixed-use development with at least five units would include electrical conduit (pipes) to 40% of spots, ready for adding wiring and charging stations to support electric vehicles as the market expands. Planning for a Future of Transportation Options DLCD and other state agency partners including the Oregon Department of Transportation will provide a range of new and amplified services to help meet greenhouse gas reduction goals, including grants, technical assistance, tools, and publications, to help local governments adopt plans that meet or exceed the state’s climate pollution reduction goals. Local governments in Oregon have been required to make coordinated land use and transportation plans for decades. The updated rules would require local governments in metropolitan areas to: •Plan for greater development in transit corridors and downtowns, where services are located and less driving is necessary; •Prioritize system performance measures that achieve community livability goals; •Prioritize investments for reaching destinations without dependency on single occupancy vehicles, including in walking, bicycling, and transit; •Plan for needed infrastructure for electric vehicle charging; and •Regularly monitor and report progress. Transportation options are critical for everyone, but particularly the roughly one-in-three Oregonians who cannot drive. Building a complete network of EV charging stations at commercial and multi-family housing locations could cut up to 11.9% of climate pollution PP 22-0001 ATTACHMENT E/PAGE 4 OF 6 Planning to Meet Our Climate Goals DLCD’s regional greenhouse gas reduction program allows areas to work together to consider statewide, regional, and local needs and issues. The flexible regional planning process allows communities to study economic development, fiscal impacts, resource use, pollution impacts, and the effects of different choices on the state, region, community, or households. The results are intended to help local government community members, elected and appointed leaders better understand issues and quantify the effect of potential policies as they review and update the area’s long-range plans and make investment decisions. The rules expand requirements for regional plans to meet the state’s climate pollution reduction targets from the Portland metropolitan area to the next largest metropolitan areas in the state (Eugene-Springfield and Salem-Keizer) initially. Other metropolitan areas will be required to evaluate their local plans towards meeting the state’s climate pollution reduction targets and amend their local plans towards meeting the target. Community Engagement We’ve heard from lots of Oregonians over the past eighteen months. We’ve heard from a 40-person advisory committee including representatives from all of Oregon’s impacted eight urban areas, several people who are home builders, realtors, representatives of the trucking industry, affordable housing advocates, land use advocates, community-based and other community- serving organizations. To supplement those deliberations, staff held two separate series of virtual community conversations in 2021 – five in the spring, and four in the fall. Staff have hosted a series of nine technical work group meetings on specific topics, a series of practitioner meetings with local government staff in each region, and dozens of additional meetings with local elected officials, planning staff, and interest groups. Upcoming conversations include events focused on what will be needed at the community level to support implementation and ongoing engagement strategies. We’ve heard from hundreds of Oregonians who have attended one or more of the scores of meetings, community conversations, work groups, or practitioner meetings, and from hundreds of people who’ve submitted comments (summary here). Our rules are better for it, having continued to evolve and improve. But the engagement won’t end there – the rules require local governments to engage their communities as they make key decisions on how the rules apply locally. If you’re interested in these issues, we encourage you to stay engaged. Some members of the rulemaking advisory committee PP 22-0001 ATTACHMENT E/PAGE 5 OF 6 Implementing the Rules: Resources and Timelines Local governments are responsible for implementing the rules. Many of the rules take effect when a community next conducts a major update of its Transportation System Plan (TSP), a community’s core document describing its transportation needs and future plans. The rules state most plans should be updated by December 31, 2029. The rules have Salem-Keizer and Eugene-Springfield areas on a schedule to do regional scenario plans and update their TSPs by the end of 2027. The land use components of the rules have specific deadlines. Communities are asked to study potential Climate-Friendly Areas by December 31, 2023, and adopt Areas by December 31, 2024. Parking reform is scheduled to happen in two phases - the first at the end of 2022, and the second by June 30, 2023. Communities may ask for some flexibility around most of these dates. DLCD is providing or working to find resources for local governments to do this work, along with our agency partners at the Oregon Department of Transportation (ODOT) and the Oregon Housing and Community Services Department. The Oregon Legislature provided $768,000 to assist with implementation on land use, and ODOT has identified another $18 million to assist with transportation plan updates. Learn More Information on how to get implementation updates via email and many additional materials can be found at www.oregon.gov/lcd/CL/Pages/CFEC.aspx Contact Information Evan Manvel, Climate Mitigation Planner evan.manvel@dlcd.oregon.gov 971-375-5979 Cody Meyer, Land Use and Transportation Planner cody.meyer@dlcd.oregon.gov 971-239-9475 Kevin Young, Senior Urban Planner kevin.young@dlcd.oregon.gov 503-602-0238 July 2022 PP 22-0001 ATTACHMENT E/PAGE 6 OF 6 Implementation Guide July 21, 2022 Page 1 of 12 C limate-Friendly and Equitable Communities Implementation Guide This document provides guidance for cities and counties within metropolitan areas that are expected to implement the Climate Friendly and Equitable Communities rules. The information provided in this document are based on the rules adopted by the Land Conservation and Development Commission on July 21, 2022. This guide is for information and is not determinative regarding the content or applicability of the adopted rules. Pages 1-3 contain an overview of the implementation and reporting requirements of the rules. The table of implementation dates on pages 3-8 shows the year in which these requirements become applicable, grouped by metropolitan area. The task summaries on pages 9-12 outline the sections of the Division 12 rules that are involved with the major task groups. Alternative Dates: Cities, counties, or Metro may, optionally, propose alternative implementation dates for some deadlines as provided in OAR 660-012-0012(3). Alternative dates would be submitted to the department, reviewed against criteria, and approved (or not) by the DLCD Director. Alternative compliance dates for Eugene-Springfield and Salem-Keizer metropolitan area would use this process and the work program process for scenario planning in OAR 660-044-0100. Rules whose implementation dates can be modified through this process are in italics in the guide. Division 12 Exemption: The DLCD Director may grant a full or partial exemption from Division 12 to cities and counties with a population under 10,000 within the urban area (OAR 660-012-0055(7)). The exemption must be requested by the jurisdiction. Exemptions granted shall last for a specified period. Major Task Groups Requirements for the implementation of each task are outlined in the schedule. Details of the rules involved with each task are listed after the schedule table. CFA Study – Study potential climate-friendly areas (CFA) (660-012- 0315). CFA Codes – Designate and make comprehensive plan, zoning map and code changes to implement climate-friendly areas (660-012- 0320). Parking A – For new development applications, apply reduced parking mandates near frequent transit and for certain development types (code changes not mandatory; may apply 660-012-0430 and 0440 directly). Parking B – Implement parking regulation improvements, and parking mandate reform (660-012-0400 through 0450). TSP Updates – These rules only apply at the time of a major update to a transportation system plan (TSP). PP 22-0001 ATTACHMENT F/PAGE 1 OF 12 Implementation Guide July 21, 2022 Page 2 of 12 TPR Development Regulations – Transportation Planning Rules (TPR) related regulations; required with major transportation system plan updates, no specific update timeline unless indicated. Implement commercial and residential land use regulations (660-012-0330), and bicycle parking (660-012-630). HNA – Housing Needs Analysis (HNA) (Also known as a Housing Capacity Analysis, or HCA). Update required by OAR Chapter 660-008- 0045 for cities over 10,000 population. HNA within Metro must be updated every 6 years; outside of Metro must be updated every 8 years. HNA is an additional task that is not part of Climate-Friendly and Equitable Communities. Individually Applicable Rules Rules separate from the major task groups and with their own applicability date are listed below and in the schedule. EV Conduit – Cities only; for new multifamily and multi-use development applications, require 40% of spaces have conduit to serve electric vehicle charging (OAR 660-012-0410); implement by March 31, 2023 per OAR 660-012-0012(5)(d); either directly apply state administrative rules or amend local development standards. Transportation Modeling – transportation modeling or analysis used for a land use decision must comply with OAR 660-012-0210; decision must not increase VMT per capita; effective as of June 30, 2024 per OAR 660-012-0012(5)(a). Performance Standards – Implement multiple transportation performance standards for plan amendments and development review per OAR 660- 012-0215; effective as of June 30, 2025 per OAR 660-012-0012(4)(b). Additional CFA Designations for UGB Expansions is required beginning June 30, 2027 (OAR 660-008-0010(3)). Note: TSP Update and TPR Development Regulations apply to all jurisdictions in the table listed below. The proposed rules do not establish an implementation deadline if ‘TSP Update’ and ‘TSP Development Regulations’ are not shown in the schedule. They are not exempt from these requirements. A deadline for these tasks may be established through approval of alternate compliance dates. TPR Reporting OAR 660-012-0900 requires cities and counties outside of Metro to submit yearly reports. The reporting requirements are listed in the row of each metropolitan area (light blue background). The designation of major reports in this guide are based on expected dates of Regional Transportation Plan (RTP) updates. The timing of a major report will be as determined by actual RTP adoption (OAR 660-012-0900(5)). The reporting requirement applies to each jurisdiction individually, although jurisdictions may coordinate to submit one report for the metropolitan area. Inside Metro, annual reporting will be completed by Metro (cities and counties within Metro not required to submit individual reports). PP 22-0001 ATTACHMENT F/PAGE 2 OF 12 Implementation Guide July 21, 2022 Page 3 of 12 Population Growth Climate-Friendly Areas- OAR 660-012-0310(4)(a) and (b) specify CFA compliance timelines for jurisdictions that surpass population thresholds of 5,000 or 10,000. Such jurisdictions must submit a CFA Study within 545 days of exceeding the population threshold, and adopt CFA Codes within 365 days of the deadline for submittal of the CFA Study. Additionally, OAR 660-008-0010(2) requires the designation of additional climate friendly areas as cities over 10,000 grow, in conjunction with required HNA updates. Parking – OAR 660-012-0012(4)(f)(A) allows one year for jurisdictions that surpass population thresholds in OAR 660-012-0400 to comply with the parking rules to which they become subject. Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Albany Area TPR major report (5/31)1 TPR minor report (5/31) TPR minor report (5/31) (major in 2028) TPR minor report (5/31) Albany Parking A CFA Study EV Conduit Parking B CFA Codes Transportation Modeling Performance Standards 2028 HNA Additional CFA for UGB expansions after June 2027 TSP TPR Dev. Regs. Benton County, Linn County, Marion County (fewer than 5,000 population inside UGB) Transportation Modeling Performance Standards Jefferson, Tangent, and Millersburg Parking A EV Conduit Parking B Transportation Modeling Performance Standards 1 Next expected RTP updates: 2022: Central Lane, Corvallis; 2023: Albany, Salem-Keizer; 2024: Middle Rogue; 2025: Bend, Rogue Valley. TPR major report expected the year following adoption of RTP update. Future RTP updates expected every 4 years. PP 22-0001 ATTACHMENT F/PAGE 3 OF 12 Implementation Guide July 21, 2022 Page 4 of 12 Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Bend Area TPR minor report (5/31) TPR minor report (5/31) TPR minor report (major report 2026) (5/31) TPR minor report (5/31) Bend Parking A CFA Study EV Conduit Parking B CFA Codes HNA Transportation Modeling Performance Standards Additional CFA for UGB expansions after June 2027, and with HNA Updates TSP TPR Dev. Regs. Deschutes County 2 Transportation Modeling Performance Standards TSP TPR Dev. Regs Central Lane Scenario Plan work program (6/30) Scenario Plan (12/31) TPR minor report (5/31) TPR minor report (5/31) Scenario Plan code amendments and TSP (12/31) TPR minor report (5/31) (major in 2028) TPR minor report (5/31) Coburg Parking A EV Conduit Parking B Transportation Modeling Performance Standards TSP (2026) TPR Dev. Regs. Eugene Springfield Parking A CFA Study EV Conduit Parking B CFA Codes Transportation Modeling Springfield HNA Performance Standards TSP (2026) TPR Dev. Regs. Eugene 2026 HNA Additional CFA for UGB expansions after June 2027 Lane County3 Transportation Modeling Performance Standards TSP (2026) TPR Dev. Regs. 2 Deschutes Co. population within UGBs in the metropolitan area is >5,000. However, Parking A, Parking B, CFA Study, and CFA Codes are not assumed to be applicable because the county does not provide urban services to these areas (OAR 660-012-0310(3); OAR 660-012-0400(1)(b)). 3 Lane Co. population within UGBs in the metropolitan area is >5,000. However, Parking A, Parking B, CFA Study, and CFA Codes are not assumed to be applicable because the county does not provide urban services to these areas (OAR 660-012-0310(3); OAR 660-012-0400(1)(b)). PP 22-0001 ATTACHMENT F/PAGE 4 OF 12 Implementation Guide July 21, 2022 Page 5 of 12 Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Corvallis Area TPR major report (5/31) TPR minor report (5/31) TPR minor report (5/31) (major in 2028) TPR minor report (5/31) Adair Village Parking A EV Conduit Parking B Transportation Modeling Performance Standards Corvallis Philomath Parking A CFA Study EV Conduit Parking B CFA Codes Transportation Modeling Performance Standards Corvallis 2027 HNA Additional CFA for UGB expansions after June 2027 TSP TPR Dev. Regs. Benton County (fewer than 5,000 population inside UGB) Transportation Modeling Performance Standards Middle Rogue TPR minor report (5/31) TPR major report (5/31) TPR minor report (5/31) TPR major report (5/31) Gold Hill Rogue River Parking A EV Conduit Parking B Transportation Modeling Performance Standards Grants Pass Parking A HNA CFA Study EV Conduit Parking B CFA Codes Transportation Modeling Performance Standards Additional CFA for UGB expansions after June 2027 TSP TPR Dev. Regs. Jackson County Josephine County (fewer than 5,000 population inside UGB) Transportation Modeling Performance Standards PP 22-0001 ATTACHMENT F/PAGE 5 OF 12 Implementation Guide July 21, 2022 Page 6 of 12 Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Rogue Valley TPR minor report (5/31) TPR minor report (5/31) TPR major report (5/31) Ashland Central Point Eagle Point Medford Talent Parking A CFA Study EV Conduit Parking B Medford HNA CFA Codes Transportation Modeling Performance Standards Central Pt 2027 HNA Ashland 2029 HNA Additional CFA for UGB expansions after June 2027 TSP TPR Dev. Regs. Jacksonville Phoenix Parking A EV Conduit Parking B Transportation Modeling Performance Standards Jackson County (fewer than 5,000 population inside UGB) Transportation Modeling Performance Standards PP 22-0001 ATTACHMENT F/PAGE 6 OF 12 Implementation Guide July 21, 2022 Page 7 of 12 Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Salem/Keizer Scenario Plan work program (6/30) Scenario Plan (6/30) TPR major report (5/31) Scenario Plan code amendments and TSP (6/25) TPR minor report (5/31) TPR minor report (5/31) (major in 2028) TPR minor report (5/31) Salem Keizer Parking A CFA Study EV Conduit Parking B CFA Codes Salem and Keizer HNA Transportation Modeling TSP TPR Dev. Regs. Performance Standards Additional CFA for UGB expansions after June 2027 Marion County Parking A CFA Study Parking B CFA Codes Transportation Modeling TSP TPR Dev. Regs. Performance Standards Polk County (fewer than 5,000 population inside UGB) Transportation Modeling TSP TPR Dev. Regs. Performance Standards Turner Parking A EV Conduit Parking B Transportation Modeling TSP TPR Dev. Regs. Performance Standards PP 22-0001 ATTACHMENT F/PAGE 7 OF 12 Implementation Guide July 21, 2022 Page 8 of 12 Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Portland Metro TPR major report (5/31) TPR minor report (5/31) TPR minor report (5/31) (major in 2028) TPR minor report (5/31) TPR Rules specific to Metro: OAR 660-012-0140, Transportation System Planning in the Portland Metropolitan Area; OAR 660-012-0012(4)(d), Climate- Friendly Area implementation within Metro; OAR 660-012-0900(2), TPR Reporting. Metro UGMFP Region 2040 Centers [various jurisdictions] Metro to establish requirements for adoption of Centers Non-adopters to adopt Center boundaries and zoning Durham, Johnson City, Maywood Park, Rivergrove, King City, Wood Village Parking A EV Conduit Parking B Transportation Modeling Performance Standards Beaverton, Cornelius, Fairview, Forest Grove, Gladstone, Gresham, Happy Valley, Hillsboro, Lake Oswego, Milwaukie, Oregon City, Portland, Sherwood, Tigard, Troutdale, Tualatin, West Linn, Wilsonville (10k+) Parking A EV Conduit Parking B Beaverton, Fairview, Gresham, Happy Valley, Hillsboro Lake Oswego, Milwaukie, Portland, West Linn, Wilsonville HNA Transportation Modeling Forest Grove HNA Performance Standards HNA 2026: Sherwood, Troutdale, Tualatin; 2027: Gladstone, Cornelius, Tigard, Oregon City Clackamas County, Washington County Parking A Parking B Transportation Modeling Performance Standards Multnomah County4 4 Cities within Multnomah Co. have land use authority for unincorporated areas within UGB. PP 22-0001 ATTACHMENT F/PAGE 8 OF 12 Implementation Guide July 21, 2022 Page 9 of 12 Task Summaries Parking A Reduced Mandates – OAR 660-012-0430 and OAR 660-012-0440 Effective date December 31, 2022 per OAR 660-012-0012(5)(e)– applies to development applications submitted after that date; either directly apply state administrative rules or amend local development standards o Reduced mandates for specific developments – cannot mandate more than 1 space/unit for residential developments with more than 1 unit o No mandates for small units, affordable units, childcare, facilities for people with disabilities, shelters o Reform near transit - no parking mandates allowed within ¾ mile of light or heavy rail stations or ½ mile of frequent transit corridors Parking B Parking Regulation Improvement – OAR 660-012-0405 By June 30, 2023 per OAR 660-012-0012(4)(f) - amend development standards o Preferential placement of carpool/vanpool parking o Allow redevelopment of any portion of a parking lot for bike or transit uses o Allow and encourage redevelopment of underutilized parking for other uses o Allow and facilitate shared parking o Parking lots more than ¼ acre in size must install 50% tree canopy OR solar panels, solar/wind fee-in- lieu, or green energy per OAR 330-0135-0010; requires street trees and street-like facilities along driveways o Adopt parking maximums in locations such as downtowns, regional or community center, and transit- oriented developments. Parking Maximums and Evaluation in More Populous Cities – 660-012-0415 By June 30, 2023 per OAR 660-012-0012(4)(f) o Cities >100,000 population, or >25,000 population if in Portland Metro, set certain parking maximums in specified areas o Cities >200,000 population also:  Study use of on-street timed parking in CFA and transit areas (OAR 660-012-0435 & 0440)  Implement parking management before authorizing new 100+ stall parking garages  Implement TDM management strategies before authorizing new 300+ stall garages  Adopt design requirements so ground floor of parking garage convertible to other uses PP 22-0001 ATTACHMENT F/PAGE 9 OF 12 Implementation Guide July 21, 2022 Page 10 of 12 Parking Mandate Reform Effective date June 30, 2023 per OAR 660-012-0012(4)(f) Option 1 OAR 660-012-0420 Options 2 and 3 OAR 660-012-0425 through 0450 Repeal all parking mandates within the jurisdiction no additional action needed Reduce parking burdens – adopt 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 (OAR 660-012- 0425) Cities with populations 100,000+ adopt on-street parking prices equivalent to at least 50¢/day per spot for 5%/10% of total on-street parking supply by September 30, 2023/2025 (OAR 660-012-0450; effective dates per OAR 660-012-0012(4)(g)) Parking Reform Approaches Choose ONE of the following (option 2 -or- option 3) Policies to take effect no later than June 30, 2023 (effective date per OAR 660-012-0012(4)(f)) Option 2 OAR 660-012-0445(1)(a) - Adopt at least 3 of 5 policies below Option 3 OAR 660-012-0445(1)(b) - Adopt regulations minimizing or exempting required parking for 15 development types (summarized below) 1. Unbundle parking for residential units 2. Unbundle leased commercial parking 3. Flexible commute benefit for businesses with more than 50 employees 4. Tax on parking lot revenue 5. No more than ½ space/unit mandated for multifamily development No mandates for a variety of specific uses, small sites, vacant buildings, studio/one bedrooms, historic properties, LEED or Oregon Reach Code developments, etc. No additional parking for redevelopments/additions. Adopt parking maximums. No parking mandates within ½ mile walking distance of Climate-Friendly Areas. Designate district to manage on-street residential parking. PP 22-0001 ATTACHMENT F/PAGE 10 OF 12 Implementation Guide July 21, 2022 Page 11 of 12 Climate-Friendly Areas CFA Study OAR 660-012-0315 Due December 31, 2023 per OAR 660-012-0012(5)(b) CFA Codes OAR 660-012-0320 via OAR 660-012-0315(6) Due Date December 31, 2024 per OAR 660-012-0012(4)(c) • CFA location and size standards per OAR 660-012-0310(2) • >10,000 population Dwelling Unit Capacity of at least 30% of current housing needs analysis (OAR 660-012-0315(1); capacity calculated per methodology in OAR 660-012- 0315(2) • Population 5,000 -10,000 Designate at least 25 acres of CFA (OAR 660-012-0315(3)) • Displacement analysis, fair and equitable outcomes plan, and narrative summary of public engagement (OAR 660-012-0315(4)) Required for all CFAs: • Allowed uses per OAR 660-012-0320(2) • Inclusion of existing abutting residential and employment zones without zoning amendments per OAR 660-012-0320(3) • Prioritization of public buildings, open spaces per OAR 660-012- 0320(4) • Block length maximums per OAR 660-012-0320(5) • Address other development regulation requirements per OAR 660-012-0320(7) • Eliminate mandates in and near climate-friendly areas or adopt parking management policies; unbundle parking for multifamily units (OAR 660-012-0435) Housing and Employment Targets OAR 660-012-0320(8) or (9) Option A Residential minimum density standards and allowed building height not less than specified by OAR 660-012-0320(8) Option B Standards other than Option A proposed by jurisdiction that achieve target dwelling unit and employment per acre Transportation System Plan Update • TSP updates may use OAR 660-012-0015 if OAR 660-018-0020 is notice provided by December 31, 2022 (OAR 660-012-0012(2)(a)). • Minor TSP updates need not meet all updated requirements if the updated portions of the plan meet new requirements, and OAR 660-018-0020 notice is provided by June 30, 2027 (OAR 660-012- 0012(2)(b)). • Compliance deadline for Eugene-Springfield and Salem -Keizer determined by OAR 660-044-0015 Scenario Planning. • Cities and Counties over 5,000 population and outside the Portland metropolitan areas must adopt major TSP update by December 31, 2029 (OAR 660-012-0012(4)(a)). Generalized Scope and Process • Overall TSP update requirements (OAR 660-012-0100 and 0105) • Public Engagement and Equity o TSP Planning Engagement generally (OAR 660-012-0120) o Equity and Underserved Populations (OAR 660-012-0125, identifying underserved populations; OAR 660-012-0130, Decision-Making with Underserved Populations; OAR 660-012-0135, Equity Analysis) PP 22-0001 ATTACHMENT F/PAGE 11 OF 12 Implementation Guide July 21, 2022 Page 12 of 12 • System Inventories and Existing Conditions o General inventory requirements (OAR 660-012-0150) o Transportation System Planning Area (OAR 660-012-0110) o Land use assumptions (OAR 660-012-0340) o Modal inventory requirements: Pedestrian (OAR 660-012-0505); Bicycle (OAR 660-012-0605); Transit (OAR 660-012-705); Streets and Highways (OAR 660-012-0805) o Funding projections (OAR 660-012-0115) • Goals, Targets, and Project Prioritization o VMT Targets – base year and horizon year (OAR 660-012-0160) o Adoption of Transportation Performance Standards (OAR 660-012-0215) o Project Prioritization (OAR 660-012-0155) • TSP Contents o Modal design and planning requirements: Pedestrian (OAR 660-012-0510); Bicycle (OAR 660-012- 0610); Transit (OAR 660-012-710); Streets and Highways (OAR 660-012-0810) o Modal projects: Pedestrian (OAR 660-012-0520); Bicycle (OAR 660-012-0620); Transit (OAR 660-012- 720); Streets and Highways (OAR 660-012-0820) o Transportation Options Planning (OAR 660-012-0145) – transportation demand management, transit options and incentives o Enhanced review of select roadway projects (OAR 660-012-0830) – for facilities that may increase driving capacity o Prioritization framework (OAR 660-012-0155) o Unconstrained Project List (OAR 660-012-0170) – combination of modal projects; must meet VMT per capita targets from OAR 660-012-0160; Project Prioritization Framework (OAR 660-012-0155) o Financially-Constrained Project List (OAR 660-012-0180)  Created from unconstrained list per procedures in OAR 660-012-0180(3)  Sum of projects on list not to exceed 125% of funding available from OAR 660-012-0115 Transportation Planning Rule Development Regulations Land use requirements (OAR 660-012-0330) Effective date per OAR 660-012-0012(4)(e) – TSP Adoption note – implementation of OAR 660-012-0330 within a CFA is required upon adoption of CFA Zoning (OAR 660-012- 0320(7)) • Neighborhood circulation (OAR 660-012-0330(3)) • Mixed use and commercial districts (OAR 660-012-0330(4)) • Bicycle parking regulations in compliance with OAR 660-012-0630 (OAR 660-012-0330(4)(g)) • Slow streets for neighborhoods (OAR 660-012-0330(5)) • Auto-oriented land uses (OAR 660-012-0330(6)) • Allow for Low car districts (cities of 100k+, OAR 660-012-0330(7)) • Protection of transportation facilities (OAR 660-012-0330(8)) PP 22-0001 ATTACHMENT F/PAGE 12 OF 12 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 G/PAGE 1 OF 14 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 zero­emission 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 custo_mers; 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 G/PAGE 2 OF 14 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 GHG 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 ·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 G/PAGE 3 OF 14 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: 1.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); 0.Oregon Watershed Enhancement Board (OWEB); and P.Public Utility Commission of Oregon (PUC). PP 22-0001 ATTACHMENT G/PAGE 4 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE FIVE 2.GHG Emissions Reduction Goals. Consistent with the minimum GHG reduction goals set forth in ORS 468A.205(1 )( c ), this Executive Order establishes science-based GHG 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 203 5; 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. B. C. GHG Reduction Goals. Agencies shall exercise any and all authority and discretion vested in thein by law to help facilitate Oregon's achievement of the GHG emissions reduction goals set forth in paragraph 2 of this Executive Order. 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 GHG emissions. Agency 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 G/PAGE 5 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE SIX E.Participation in Interagency W orkgroup 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, ODOT, 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 Quality Commission and the Department of Environmental Quality. 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 av�rage 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 G/PAGE 6 OF 14 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 Oregon. 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 G/PAGE 7 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE EIGHT A. B. 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. Regulatory 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 G/PAGE 8 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE NINE 6. ( 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. Directives to the Department of Consumer and Business Services Building 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 G/PAGE 9 OF 14 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. B. C. D. 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. 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. Timeline. Any rulemaking necessary to implement the directives set forth in paragraph 7(B) should be completed by September 1, 2020. 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)-(B) of this Executive Order. PP 22-0001 ATTACHMENT G/PAGE 10 OF 14 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, Oregon Department of Transportation, Land Conservation and Development Commission, Environmental Quality Commission, and Oregon Department of Energy. PP 22-0001 ATTACHMENT G/PAGE 11 OF 14 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 GHG 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 Transportation. 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 G/PAGE 12 OF 14 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 Global 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 G/PAGE 13 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE FOURTEEN 13.Effectiveness. This Executive Order will remain in effect unless and untilit is superseded by statute or another Executive Order. Done at Salem, Oregon, this I C>4day of March, 2020. Kate Brown GOVERNOR ATTEST: ��w SECRETARY OF STATE PP 22-0001 ATTACHMENT G/PAGE 14 OF 14