Background
ORS 366.215 states the Oregon Transportation Commission may not permanently reduce the vehicle-carrying capacity of an identified freight route. Specific exceptions to this prohibition are allowed by statute.
In the spring of 2011, the Freight Planning Unit of the Transportation Development Division proposed revisions to the Oregon Highway Plan that included references to the implementation of Oregon Revised statute (ORS) 366.215. During the public comment period on the proposed OHP amendments concerns were raised by some stakeholders about the interpretation and implementation of this statute. To address these concerns ODOT has delayed the implementation of the proposed amendments, revised agency guidance documents, and started the process of developing an Administrative Rule to provide clear direction to the agency and our partners regarding the implementation of ORS 366.215.
Guidance documents are posted online that support the implementation of ORS 366.215. The existing guidance will continue to be used until the rule is adopted, however, this effort may result in changes to ODOT’s guidance documents.
Administrative Rulemaking
The ODOT Planning Section has started the process of developing an Administrative Rule to provide clear direction to the agency and our partners regarding the implementation of ORS 366.215. The rule will define terms, identify review requirements and required communication during reviews of proposed changes to designated highways.
The draft rule is available here.
Rule Advisory Committee
ODOT worked with a rule advisory committee to help provide input on the draft rule. Members of the committee represented pedestrians, truck, bicycle and automobile users, as well as local governments and other interests likely to be affected by the rule.
Members:
Anthony Butzek - Metro
Craig Campbell - The Victory Group
Chris Doty - Deschutes County Road Department
Judith Gray - City of Tigard, Community Development
Dale Hormann - ODOT
Gerik Kransky - Bicycle Transportation Alliance
Don Miner - Oregon Manufactured Housing Association
Jean O'Conner - Oregon Health Authority
Craig Pope - Polk County Commission
Stephanie Routh - Willamette Pedestrian Coalition
Bob Russell - Oregon Trucking Associations
Identified Alternate Members
Brian Barnett - City of Springfield, Development and Public Works
Steve Bates - Redmond Heavy Hauling
Clark Boswell - Barnett Mobile Transport Inc.
Marie Dodds - AAA Oregon/Idaho
Tom Kloster - Metro
Susan Peithman - Bicycle Transportation Alliance
Gail Shibley - Oregon Health Authority
Oregon Highway Plan (OHP) Amendment
The OHP will be amended to include references to ORS 366.215. This effort will run concurrently with the rulemaking process.
The draft OHP amendment and map are now available.
Public Comment Period
The 45-day public comment period for the rulemaking and proposed OHP amendment will begin on June 1, 2013. A public hearing on the proposed rule and OHP amendment will be held on July 15, 2013 (1:00 to 4:00) Wilsonville City Hall, 29799 SW Town Center Loop E Wilsonville, OR 97070.
OTC Action
At the August 22nd OTC meeting it is expected that the Oregon Transportation Commission will approve the rule. Following approval of the rule the OTC will take comments on the proposed OHP amendment and then close the comment period. It is expected that the OTC will adopt the OHP amendment after closing the comment period.
Links
Contact
If you have any questions or need additional information please contact: Robin Marshburn, Senior Transportation Planner, at (503) 986-3696 or Robin.L.MARSHBURN@odot.state.or.us.