2017 ORS 367.084¹
Selection of projects

(1) The Oregon Transportation Commission shall select transportation projects to be funded with moneys in the Connect Oregon Fund established under ORS 367.080 (Connect Oregon Fund).

(2)(a) Prior to selecting transportation projects, the commission shall seek input from the applicable area commission on transportation.

(b) Prior to selecting aeronautic and airport transportation projects, the commission shall solicit recommendations from the State Aviation Board.

(c) Prior to selecting freight transportation projects, the commission shall solicit recommendations from the Freight Advisory Committee.

(d) Prior to selecting rail projects, the commission shall solicit recommendations from the rail advisory committee.

(e) Prior to selecting marine projects, the commission shall solicit recommendations from the Oregon Business Development Department.

(f) Prior to selecting bicycle and pedestrian projects, the commission shall solicit recommendations from the advisory committee created by ORS 366.112 (Bicycle lane and path advisory committee).

(3) The commission shall divide the Connect Oregon program into two parts to be known as Connect Oregon Part One and Connect Oregon Part Two.

(4) Connect Oregon Part One consists of transportation projects that involve one or more of the following modes of transportation:

(a) Air;

(b) Marine;

(c) Rail; and

(d) Bicycle and pedestrian.

(5) Connect Oregon Part Two consists of transportation projects that:

(a) Are transportation projects of statewide significance; and

(b) Enhance or maintain one or more of the following modes of transportation:

(A) Air;

(B) Marine;

(C) Class I railroads;

(D) Class II railroads; or

(E) Class III railroads.

(6) In selecting transportation projects within Connect Oregon Part One, the commission shall consider:

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

(d) How much of the cost of a proposed transportation project can be borne by the applicant for the grant from any source other than the Connect Oregon Fund;

(e) Whether a proposed transportation project is ready for construction;

(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 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (2)(d) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (2)(b).

(7) The commission may award grants only for bicycle and pedestrian transportation projects that expand and improve commuter routes for nonmotorized vehicles and pedestrians, including bicycle trails, footpaths and multiuse trails.

(8) In selecting marine enhancement transportation projects within Connect Oregon Part Two, the commission shall consider whether a proposed transportation project:

(a) Is located in a deepwater port;

(b) Is located in a port with commercial activities where freight is transferred between water and another mode of freight transport;

(c) Improves efficiency of port operations or transportation system;

(d) Improves accessibility, connections, safety or mobility between a port and another modes of transportation;

(e) Has a significant economic benefit to this state including but not limited to adding jobs, retaining a high number of existing jobs or supporting business expansion at a port facility; and

(f) Leverages private funding.

(9) In selecting marine maintenance transportation projects within Connect Oregon Part Two, the commission shall consider whether a proposed transportation project:

(a) Maintains or improves channel depth or width;

(b) Preserves high-use or high-volume dock or pier infrastructure;

(c) Maintains connections to a port facility, including railroads or highways; and

(d) Preserves critical equipment necessary to maintain port functionality including but not limited to cranes, lifts, hoists and moorings.

(10) In selecting Class II or III railroad enhancement transportation projects within Connect Oregon Part Two, the commission shall consider whether a proposed transportation project:

(a) Allows a Class II or III railroad to transport a substantial volume or value of freight in relation to other Class II or III railroads;

(b) Connects a Class II or III railroad to a deepwater port;

(c) Improves efficiency of the line;

(d) Improves capacity of the line;

(e) Connects to new or expanding businesses requiring rail service; and

(f) Improves connectivity with Class I railroads.

(11) In selecting Class II or III railroad maintenance transportation projects within Connect Oregon Part Two, the commission shall consider whether a proposed transportation project:

(a) Maintains or increases functionality of the railroad;

(b) Maintains or improves a critical bridge, tunnel or other structure necessary to maintain rail service;

(c) Provides jobs to economically disadvantaged areas, as determined by the Oregon Business Development Department by rule;

(d) Helps protect critical rail infrastructure from seismic vulnerability;

(e) Improves railroads that serve industries that are important to this state;

(f) Increases the volume or value of freight; and

(g) Improves connections to highways or intermodal terminals.

(12) In selecting Class I railroad enhancement transportation projects within Connect Oregon Part Two, the commission shall consider whether a proposed transportation project:

(a) Eliminates or improves an identified rail congestion point;

(b) Improves the capacity or efficiency of the rail system;

(c) Has a strong benefit to Oregon’s economy;

(d) Improves operations and efficiency of shared rail passenger service providers;

(e) Improves accessibility to ports or other intermodal terminals; and

(f) Improves the safety or reliability of the rail system.

(13) In selecting Class I railroad maintenance transportation projects within Connect Oregon Part Two, the commission shall consider whether a proposed transportation project:

(a) Connects to Class II or III railroads, ports, intermodal terminals or highways; and

(b) Improves seismically vulnerable portions of the railroad or bridges.

(14) To receive a grant under Connect Oregon Part Two a proposed aviation transportation project must benefit a category I, II, III or IV airport, as defined by the Oregon Department of Aviation by rule and the airport must be eligible for federal matching funds. In addition the commission shall consider whether a proposed transportation project:

(a) Facilitates rescue or recovery efforts following a seismic event;

(b) Serves joint military and civilian operations; or

(c) Facilitates expanded commercial service, excluding the acquisition or operation of aircraft.

(15) To promote fairness in the selection process, the Director of Transportation may not choose a member of a final review committee:

(a) Who represents an entity that submitted an application for a Connect Oregon Fund grant that is being considered for funding by a final review committee; or

(b) Has a direct financial interest in an application that is being considered for funding by a final review committee. [2005 c.816 §4; 2007 c.859 §3; 2013 c.765 §2; 2015 c.707 §3; 2017 c.750 §80]

Note: See first note under 367.080 (Connect Oregon Fund).

1 Legislative Counsel Committee, CHAPTER 367—Transportation Financing; Projects, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors367.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.