OAR 731-040-0039: Authorization of Tollway Projects

(1) This rule applies to all proposed tollway projects. (2) The Department will evaluate a proposed tollway project and provide findings and a recommendation to the Commission. The Department may not recommend authorization of a tollway project unless the Department makes one of the findings described in ORS 383.004. (3) The Commission will review the proposed tollway project, the Department’s findings and recommendations, the factors identified in ORS 383.0004, and consider the following: (a) How the proposed tollway project will coordinate tolling with existing and potential new transportation services or investments to address congestion on the tollway. (b) How the proposed tollway project will incorporate process equity and outcome equity into the project’s design, implementation, and operations. (c) The effects of tollway implementation on community and local traffic, their magnitude and expected impacts to livability. (4) Upon review of the proposed tollway project, the Commission will authorize, authorize with conditions, or reject the proposal. A Commission decision is issued in writing. (5) A 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.