Or. Admin. Code § 731-035-0060

Current through Register Vol. 63, No. 12, December 1, 2024

Section 731-035-0060 - Project Selection

(1) The Commission will approve projects to be funded through a grant Agreement with moneys in the Connect Oregon Fund.

(2) To the extent that proposed Projects meet the qualifications established in OAR 731-035-0050 and 731-035-0060, the Commission may consider the distribution of funds among the five ODOT regions. The regions consist of the following counties:

(a) Region one consists of Clackamas, Hood River, Multnomah and Washington Counties;

(b) Region two consists of Benton, Clatsop, Columbia, Lane, Lincoln, Linn, Marion, Polk, Tillamook and Yamhill Counties;

(c) Region three consists of Coos, Curry, Douglas, Jackson and Josephine Counties;

(d) Region four consists of Crook, Deschutes, Gilliam, Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties; and

(e) Region five consists of Baker, Grant, Harney, Malheur, Morrow, Umatilla, Union and Wallowa Counties.

(3) Prior to selecting projects to be funded with moneys in the Connect Oregon Fund, the Commission shall solicit recommendations from:

(a) The State Aviation Board for Aviation Transportation Projects.

(b) The Freight Advisory Committee for freight Transportation Projects.

(c) The Rail Advisory Committee for rail Transportation Projects.

(d) The Oregon Business Development Department for marine transportation projects.

(e) Area Commissions on Transportation.

(f) Regional Solutions Teams, as required in ORS 284.753.

(4) Prior to selecting projects to be funded with moneys in the Connect Oregon Fund, the Commission may solicit recommendations from transportation stakeholder and advocate entities not otherwise specified in section (3) of this rule.

(5) On behalf of the Commission, the Department shall solicit recommendations from the committees and entities in section (3) of this rule concurrently.

(6) The Director, in consultation with committees and entities in section (3) of this rule, shall appoint a Final Review Committee that includes representatives from each of the committees and entities in section (2) of this rule.

(a) Persons are not eligible for Final Review Committee membership if the person:

(A) represents an entity that submitted an application for a Connect Oregon Fund grant that is being considered for funding by the Final Review Committee; or

(B) has a direct financial interest in an application that is being considered for funding by the Final Review Committee.

(b) Following the receipt of recommendations from the entities in section (3) of this rule and prior to selecting projects to be funded with moneys in the Connect Oregon Fund, the Commission shall solicit a Final Recommendation Report from the Final Review Committee. The Department shall provide the Final Review Committee a list of recommendations from all committees and entities in section (3) of this rule. The list shall include the evaluation results and recommendations from each of the committees and entities in section (2) of this rule. The Final Review Committee shall provide the Commission its Final Recommendation Report of projects to be funded with moneys in the Connect Oregon Fund listing in priority order eligible projects together with a reasonable number of alternate projects in priority order.

(c) After the Final Review Committee makes its recommendation to the Commission, the Department shall validate project information that meets program criteria in each project application that will be used in an Agreement.

(A) Project Applicants shall be required to provide any additional information requested by the Department within five business days of the request.

(B) Validation shall include:

(i) Evidence of matching funds available for the project.

(ii) Evidence of site ownership or control including but not limited to evidence of a land sales agreement, option for purchase or governing body resolution of condemnation action.

(iii) Confirmed project delivery schedule that meets Program requirements.

(iv) Other information as identified by the Department needed to enter into an Agreement.

(C) The Department shall identify those projects that do not meet Program criteria prior to the Commission's final action to select projects.

(7) The Department shall determine the organizational guidance for the committees' and entities' processes and protocols.

(8) The committees and entities in section (3) of this rule shall follow the organizational guidance determined by the Department under section (7) of this rule.

(9) The Commission will consider all of the following factors in making its decision to award funding for eligible projects from the Connect Oregon Fund:

(a) Whether a proposed project reduces transportation costs for Oregon businesses or improves access to jobs and sources of labor;

(b) Whether a proposed transportation project results in an economic benefit to this state;

(c) Whether a proposed project is a critical link connecting elements of Oregon's transportation system that will measurably improve utilization and efficiency of the system; and

(d) The proportion of the cost of a proposed project that is borne by the Applicant or contributed from any other source other than the Connect Oregon Fund.

(e) Whether a proposed transportation project is ready for construction. A project will be considered ready for construction if the Applicant can demonstrate that:

(A) Community engagement/outreach has occurred prior to or at the time of application submission.

(B) Project completion can be achieved within 3 years of the award of the grant by submitting a project schedule that includes project stages and dates of major milestones;

(C) Matching funds have been secured 30 calendar days before the Commission's decision to award funds;

(D) Site ownership or control is secured 30 calendar days before the Commission's decision to award funds;

(E) Final land use actions necessary to support the proposed project have been approved by the local government 60 calendar days before the Commission's decision to award funds.

(F) Limited Land Use Decision rendered by the appropriate local government received within six months of execution of Agreement.

(G) Securing all permits needed for construction within nine months of execution of an Agreement;

(f) Whether a proposed transportation project has a useful life expectancy that offers maximum benefit to the state; and

(g) Whether a proposed transportation project is located near operations conducted for mining aggregate or processing aggregate as described in ORS 215.213(2)(d) or 215.283(2)(b).

(9) The Commission shall award funds for projects in accordance with ORS 367.084 solely, notwithstanding any other provision of division 35.

Or. Admin. Code § 731-035-0060

DOT 8-2005(Temp), f. 11-17-05, cert. ef. 11-21-05 thru 5-19-06; DOT 3-2006, f. & cert. ef. 1-24-06; DOT 5-2007, f. & cert. ef. 11-15-07; DOT 3-2009, f. & cert. ef. 11-17-09; DOT 2-2010, f. & cert. ef. 7-30-10; DOT 5-2011, f. & cert. ef. 12-22-11; DOT 6-2013, f. & cert. ef. 12-20-13; DOT 3-2015, f. & cert. ef. 12/17/2015; DOT 2-2017, temporary amend filed 09/27/2017, effective 10/06/2017 through 04/04/2018; DOT 2-2018, amend filed 03/20/2018, effective 03/20/2018; DOT 1-2020, amend filed 01/24/2020, effective 1/24/2020

Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005

Statutes/Other Implemented: ORS 367.080 - 367.086, Ch. 816 OL 2005 & Ch. 750 OL 2017