Legislation enacted in 2003 called for ODOT to establish a public-private partnership research and development program. This legislation, which became part of the Oregon Revised Statutes (ORS 184.631), specified that the department may enter into joint research and development agreements for the purpose of "developing products for market, which may reduce the cost of maintenance and preservation or extend the useful life of the state’s highways, or which may improve highway safety."

The public-private "partnership" would take the form of a contractual agreement, and may be with individuals, businesses, nonprofit organizations, or State universities. These agreements would provide funding for product research and development and could allow the department to receive royalties or other financial benefits from the sale or use of commercially successful products.

ODOT's primary interest in product development is not commercial profit, but in encouraging innovations that benefit the public by improving Oregon's highway system.