OAR 731-040-0031: Initiation Process for Unsolicited Tollway Concept Proposals

(1) This rule applies to unsolicited TCPs from private entities, individuals and units of government, pursuant to ORS 383.015. (2) Any administrative fees described in OAR 731-040-0030 must accompany the application. The Department will publish the requirements for content and format of a TCP application on the Department’s website. Requirements include but are not limited to: (a) Information about the applicant entity or consortium of entities (private, public or a combination) including financial information, experience in transportation infrastructure development, public-private partnerships, or federal-aid highway construction. (b) A description of the proposed Tollway Project scope, location, and all proposed interconnections with other transportation facilities; the key risks and assumptions associated with the Project. (c) A description of any work completed to develop the Tollway Project, including planning, environmental analysis, or preliminary engineering. (d) A discussion of support or opposition from local governments and communities impacted by the project, the significant social and economic benefits and burdens of the project. (e) A discussion of project financing, including secured or pledged funds, and their source, anticipated public funding, including funds sought from the Department. (3) The Department will review the TCP and make a recommendation to the Commission based on the criteria in ORS 383.015. (4) Based on the agency recommendation, the Commission may: (a) Approve the proposed concept for further development into a full tollway project through a competitive solicitation for an OIPP project or a Department-initiated tollway project; or (b) Reject the proposal. (5) A Tollway Concept Proposal may be revised and re-submitted by the proposer for Department reconsideration and recommendation to the Commission once, unless otherwise directed by the Commission or Department. The resubmittal fee described in 731-040-0030 must accompany the resubmitted proposal.