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The Oregon Administrative Rules contain OARs filed through May 15, 2017
 
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DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT

 

DIVISION 44

METROPOLITAN GREENHOUSE GAS REDUCTION TARGETS

660-044-0000

Purpose

(1) This division implements provisions of chapter 865, section 37(6), Oregon Laws 2009, and chapter 85, section 5(1), Oregon Laws 2010, that direct the Land Conservation and Development Commission (“commission”) to adopt rules setting targets for reducing greenhouse gas emissions from light vehicle travel in metropolitan areas consistent with the state goal in ORS 468A.205 to reduce the state’s greenhouse gas emissions in 2050 to 75 percent below 1990 levels.

(2) This division also implements provisions of Oregon Laws 2009, chapter 865, section 38 regarding land use and transportation scenario planning to reduce greenhouse gas emissions in the Portland metropolitan area. The commission’s intent and expectation is that the requirements set forth in this division will be integrated into and addressed as part of existing procedures for coordinated regional planning in the Portland metropolitan area. The requirements set forth in this division for scenario planning apply only to the Portland metropolitan area. Nothing in this division is intended to require other metropolitan areas to conduct scenario planning, or provide for commission or department review or approval of scenario plans that other metropolitan areas may develop or adopt. While a preferred scenario may include assumptions about state or federal policies, programs, or actions that would be put in place to reduce greenhouse gas emissions, nothing in this division or commission approval of a preferred scenario is intended to grant authority to the commission, Metro or local governments to approve or require implementation of those policies, programs or actions.

(3) The targets in this division provide guidance to local governments in metropolitan areas on the level of reduction in greenhouse gas emissions to achieve as they conduct land use and transportation scenario planning. Land use and transportation scenario planning to meet the targets in this division is required of the Portland metropolitan area and is encouraged, but not required, in other metropolitan areas. Success in developing scenarios that meet the targets will depend in large part on the state funding for scenario planning; on the state developing strategies and actions that reduce greenhouse gas emissions from light vehicle travel within metropolitan areas; and on state and local governments jointly and actively engaging the public on the costs and benefits of reducing greenhouse gas emissions.

(4) Land use and transportation scenario planning is intended to be a means for local governments in metropolitan areas to explore ways that urban development patterns and transportation systems would need to be changed to achieve significant reductions in greenhouse gas emissions from light vehicle travel. Scenario planning is a means to address benefits and costs of different actions to accomplish reductions in ways that allow communities to assess how to meet other important needs, including accommodating economic development and housing needs, expanding transportation options and reducing transportation costs.

(5) The expected result of land use and transportation scenario planning is information on the extent of changes to land use patterns and transportation systems in metropolitan areas needed to significantly reduce greenhouse gas emissions from light vehicle travel in metropolitan areas, including information about the benefits and costs of achieving those reductions. The results of land use and transportation scenario planning are expected to inform local governments as they update their comprehensive plans, and to inform the legislature, state agencies and the public as the state develops and implements an overall strategy to meet state goals to reduce greenhouse gas emissions.

(6) The greenhouse gas emissions reduction targets in this division are intended to guide land use and transportation scenario planning. The targets are based on available information and current estimates about key factors, including improvements in vehicle technologies and fuels. Pursuant to OAR 660-044-0035, the commission shall review the targets by June 1, 2021, based on the results of scenario planning, and updated information about expected changes in vehicle technologies and fuels, state policies and other factors.

(7) Success in meeting the targets will require a combination of local, regional and state actions. State actions include not only improvements in vehicle technology and fuels, but also other statewide efforts to reduce greenhouse gas emissions from light vehicle travel. The Oregon Department of Transportation prepared a Statewide Transportation Strategy describing state actions that could be implemented to reduce greenhouse gas emissions. As metropolitan areas develop scenario plans to reduce greenhouse gas emissions and compare them to the targets in this division, it is incumbent that metropolitan areas and the state work as partners, with a shared responsibility of determining how local and statewide actions and programs can reach the targets.

(8) Nothing in this division is intended to amend statewide planning goals or administrative rules adopted to implement statewide planning goals.

Stat. Auth.: ORS 197.040; Ch 865 OL 2009 (HB 2001) § 37(6) and (8); Ch 85 OL 2010 Special Session (SB 1059) § 5
Stats. Implemented: Ch 865 OL 2009 (HB 2001) § 37(6) and (8); Ch 85 OL 2010 Special Session (SB 1059) § 5
Hist.: LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11; LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13; LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17

660-044-0005

Definitions

For the purposes of this division, the definitions in ORS 197.015 and the statewide planning goals apply. In addition, the following definitions shall apply:

(1) “Design type” means the conceptual areas described in the Metro Growth Concept text and map in Metro’s regional framework plan, including central city, regional centers, town centers, station communities, corridors, main streets, neighborhoods, industrial areas and employment areas.

(2) “Framework plan” or “regional framework plan” means the plan adopted by Metro as defined by ORS 197.015(16).

(3) “Functional plan” or “regional functional plan” means an ordinance adopted by Metro to implement the regional framework plan through city and county comprehensive plans and land use regulations.

(4) “Greenhouse gas” has the meaning given in ORS 468A.210. Greenhouse gases are measured in terms of carbon dioxide equivalents, which means the quantity of a given greenhouse gas multiplied by a global warming potential factor provided in a state-approved emissions reporting protocol.

(5) “Greenhouse gas emissions reduction target” or “target” means a reduction from 2005 emission levels of per capita greenhouse gas emissions from travel in light vehicles. Targets are the reductions beyond reductions in emissions that are likely to result from the use of improved vehicle technologies and fuels. Travel in light vehicles includes all travel by members of households or university group quarters living within a metropolitan area regardless of where the travel occurs, and local commercial vehicle travel that is a function of household labor or demand regardless of where the travel occurs. Examples include commuting to work, going to school, going shopping, traveling for recreation, delivery vehicles, service vehicles, travel to business meetings, and travel to jobsites.

(6) “Land use and transportation scenario planning” means the preparation and evaluation by local governments of two or more land use and transportation scenarios and the cooperative selection of a preferred scenario that accommodates planned population and employment growth while achieving a reduction in greenhouse gas emissions from light vehicle travel in the metropolitan area. Land use and transportation scenario planning may include preparation and evaluation of alternative scenarios that do not meet targets specified in this division.

(7) “Light vehicles” means motor vehicles with a gross vehicle weight rating of 10,000 pounds or less.

(8) “Metro” means the metropolitan service district organized for the Portland metropolitan area under ORS Chapter 268.

(9) “Metropolitan planning area” or “metropolitan area” means lands within the planning area boundary of a metropolitan planning organization.

(10) “Metropolitan planning organization” means an organization located wholly within the State of Oregon and designated by the Governor to coordinate transportation planning in an urbanized area of the state pursuant to 49 U.S.C. 5303(c). The Longview-Kelso-Rainier metropolitan planning organization and the Walla Walla Valley metropolitan planning organization are not metropolitan planning organizations for the purposes of this division.

(11) “Planning period” means the period of time over which the expected outcomes of a scenario plan are estimated, measured from a 2005 base year, to a future year that corresponds with greenhouse gas emission targets set forth in this division.

(12) “Preferred land use and transportation scenario” means a generalized plan for the Portland metropolitan area adopted by Metro through amendments to the regional framework plan that achieves the targets for reducing greenhouse gas emissions set forth in OAR 660-044-0020 as provided in 660-044-0040.

(13) “Statewide Transportation Strategy” means the statewide strategy accepted by the Oregon Transportation Commission as part of the state transportation policy to aid in achieving the greenhouse gas emissions reduction goals set forth in ORS 468A.205 as provided in chapter 85, section 2, Oregon Laws 2010.

Stat. Auth.: ORS 197.040; Ch 865 OL 2009 (HB 2001) § 37(6) and (8); Ch 85 OL 2010 Special Session (SB 1059) § 5
Stats. Implemented: Ch 865 OL 2009 (HB 2001) § 37(6) and (8); Ch 85 OL 2010 Special Session (SB 1059) § 5
Hist.: LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11; LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13; LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17

660-044-0020

Greenhouse Gas Emissions Reduction Target for the Portland Metropolitan Area

(1) Metro shall use the greenhouse gas emissions reduction targets in this rule as it develops two or more alternative land use and transportation scenarios that accommodate planned population and employment growth while achieving a reduction in greenhouse gas emissions from light vehicle travel in the metropolitan area as required by OAR 660-044-0040 through 660-044-0060.

(2) This rule only applies to the Portland metropolitan area.

(3) The greenhouse gas emissions reduction target is a 20 percent reduction in the year 2035.

(4) Targets for the years 2040 through 2050 are:

(a) By 2040, a 25 percent reduction.

(b) By 2041, a 26 percent reduction.

(c) By 2042, a 27 percent reduction.

(d) By 2043, a 28 percent reduction.

(e) By 2044, a 29 percent reduction.

(f) By 2045, a 30 percent reduction.

(g) By 2046, a 31 percent reduction.

(h) By 2047, a 32 percent reduction.

(i) By 2048, a 33 percent reduction.

(j) By 2049, a 34 percent reduction.

(k) By 2050, a 35 percent reduction.

Stat. Auth.: ORS 197.040; Ch. 865 OL 2009 (HB 2001) §37(6); Ch. 85 OL 2010 Special Session (SB 1059) §5
Stats. Implemented: Ch. 865 OL 2009 (HBl 2001) §37(6), Ch. 85 OL 2010 Special Session (SBl 1059) §5
Hist.: LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11; LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17

660-044-0025

Greenhouse Gas Emissions Reduction Targets for Other Metropolitan Areas

(1) Purpose and effect of targets

(a) Local governments in metropolitan planning areas not covered by OAR 660-044-0020 may use the relevant targets set forth in section (2) of this rule as they conduct land use and transportation scenario planning to reduce greenhouse gas emissions.

(b) This rule does not require that local governments or metropolitan planning organizations conduct land use and transportation scenario planning. This rule does not require that local governments or metropolitan planning organizations that choose to conduct land use or transportation scenario planning develop or adopt a preferred land use and transportation scenario plan to meet targets in section (2) of this rule.

(2) Targets for the years 2040 through 2050 are:

(a) By 2040, a 20 percent reduction.

(b) By 2041, a 21 percent reduction.

(c) By 2042, a 22 percent reduction.

(d) By 2043, a 23 percent reduction.

(e) By 2044, a 24 percent reduction.

(f) By 2045, a 25 percent reduction.

(g) By 2046, a 26 percent reduction.

(h) By 2047, a 27 percent reduction.

(i) By 2048, a 28 percent reduction.

(j) By 2049, a 29 percent reduction.

(k) By 2050, a 30 percent reduction.

Stat. Auth.: ORS 197.040; Ch. 865 OL 2009 (HB 2001) § 37(6); Ch. 85 OL 2010 Special Session (SB 1059) § 5
Stats. Implemented: Ch. 865 OL 2009 (HBl 2001) § 37(6), Ch. 85 OL 2010 Special Session (SBl 1059) § 5
Hist.: LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11; LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17

660-044-0030

Methods for Estimating Greenhouse Gas Emissions and Emissions Reductions

(1) Applicability: If local governments within a metropolitan area are conducting land use and transportation scenario planning to demonstrate that their plans would meet the greenhouse gas emissions reductions targets established in this division, then they shall use the provisions and options in this rule to project future emissions.

(2) Projected Emission Rates: Projections of greenhouse gas emissions must use the emission rates specified in subsection (a) or the flexible option described in subsection (b).

(a) Projections of greenhouse gas emissions may use the emission rates listed below, which are based on the Statewide Transportation Strategy and reflect reductions likely to result by the use of improved vehicle technologies and fuels. Rates are measured in grams of carbon dioxide equivalent per vehicle mile.

(A) In 2040, 140 grams per mile.

(B) In 2041, 134 grams per mile.

(C) In 2042, 128 grams per mile.

(D) In 2043, 123 grams per mile.

(E) In 2044, 117 grams per mile.

(F) In 2045, 112 grams per mile.

(G) In 2046, 108 grams per mile.

(H) In 2047, 103 grams per mile.

(I) In 2048, 99 grams per mile.

(J) In 2049, 94 grams per mile.

(K) In 2050, 90 grams per mile.

(b) Projections of greenhouse gas emissions may use emission rates lower than the rates in subsection (a) if local or regional programs or actions can be demonstrated to result in changes to vehicle fleet, technologies, or fuels above and beyond the assumption in the Statewide Transportation Strategy. One example would be a program to add public charging stations that is estimated to result in use of hybrid or electric vehicles greater than the statewide assumption in the Statewide Transportation Strategy.

(3) Actions in the Statewide Transportation Strategy: Projections of greenhouse gas emissions may assume state actions specified in subsection (a), and may use the flexibility for local actions described in subsection (b).

(a) State Actions: Projections of greenhouse gas emissions may include reductions projected to result from state actions, programs, and associated interactions up to, but not exceeding, the levels identified in the Statewide Transportation Strategy.

(b) Local and Regional Actions: Projections of greenhouse gas emissions may include local or regional actions similar to actions in the Statewide Transportation Strategy if the local governments have authority to and have adopted plans that would implement the actions.

Stat. Auth.: ORS 197.040; Ch. 865 OL 2009 (HB 2001) § 37(6); Ch. 85 OL 2010 Special Session (SB 1059) § 5
Stats. Implemented: Ch. 865 OL 2009 (HBl 2001) § 37(6), Ch. 85 OL 2010 Special Session (SBl 1059) § 5
Hist.: LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11; LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17

660-044-0035

Review and Evaluation of Greenhouse Gas Reduction Targets

(1) The commission shall by June 1, 2021, and at four year intervals thereafter, conduct a review of the greenhouse gas emissions reduction targets in OAR 660-044-0020 and 660-044-0025.

(2) The review by the commission shall evaluate whether revisions to the targets established in this division are warranted considering the following factors:

(a) Results of land use and transportation scenario planning conducted within metropolitan planning areas to reduce greenhouse gas emissions from light vehicles;

(b) New or revised federal and state laws or programs established to reduce greenhouse gas emissions from light vehicles;

(c) State plans or policies establishing or allocating greenhouse gas emissions reduction goals to specific sectors or subsectors;

(d) Policies and recommendations in the Statewide Transportation Strategy adopted by the Oregon Transportation Commission;

(e) Additional studies or analysis conducted by the Oregon Department of Transportation, the Department of Environmental Quality, the Oregon Department of Energy or other agencies regarding greenhouse gas emissions from light vehicle travel, including but not limited to changes to vehicle technologies, fuels and the vehicle fleet;

(f) Changes in population growth rates, metropolitan planning area boundaries, land use or development patterns in metropolitan planning areas that affect light vehicle travel;

(g) Efforts by local governments in metropolitan areas to reduce greenhouse gas emissions from all sources;

(h) Input from affected local governments and metropolitan planning organizations;

(i) Land use feasibility and economic studies regarding land use densities; and

(j) State funding and support for scenario planning and public engagement.

(3) The department shall, in consultation and collaboration with affected local governments, metropolitan planning organizations and other state agencies, prepare a report addressing factors listed in section (2) of this rule to aid the commission in determining whether revisions to targets established in this division are warranted.

Stat. Auth.: ORS 197.040; Ch. 865 OL 2009 (HB 2001) § 37(6); Ch. 85 OL 2010 Special Session (SB 1059) § 5
Stats. Implemented: Ch. 865 OL 2009 (HBl 2001) § 37(6), Ch. 85 OL 2010 Special Session (SBl 1059) § 5
Hist.: LCDD 5-2011, f. 5-26-11, cert. ef. 6-1-11; LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17

660-044-0040

Cooperative Selection of a Preferred Scenario; Initial Adoption

(1) Within one year of adoption or amendment of a preferred scenario, Metro shall amend the regional framework plan and the regional growth concept to select and incorporate a preferred land use and transportation scenario that meets targets in OAR 660-044-0020 consistent with the requirements of this division.

(2) In preparing and selecting a preferred land use and transportation scenario Metro shall:

(a) Consult with affected local governments, the Port of Portland, TriMet, and the Oregon Department of Transportation;

(b) Consider adopted comprehensive plans and local aspirations for growth in developing and selecting a preferred land use and transportation scenario;

(c) Use assumptions about population, housing and employment growth consistent with the coordinated population and employment projections for the metropolitan area for the planning period;

(d) Use evaluation methods and analysis tools for estimating greenhouse gas emissions that are:

(A) Consistent with the provisions of this division;

(B) Reflect best available information and practices; and,

(C) Coordinated with the Oregon Department of Transportation.

(e) Make assumptions about state and federal policies and programs expected to be in effect over the planning period, including the Statewide Transportation Strategy, in coordination with the responsible state agencies;

(f) Evaluate a reference case scenario that reflects implementation of existing adopted comprehensive plans and transportation plans;

(g) Evaluate at least two alternative land use and transportation scenarios for meeting greenhouse gas reduction targets and identify types of amendments to comprehensive plans and land use regulations likely to be necessary to implement each alternative scenario;

(h) Develop and apply evaluation criteria that assess how alternative land use and transportation scenarios compare with the reference case in achieving important regional goals or outcomes;

(i) Evaluate if the preferred scenario relies on new investments or funding sources to achieve the target, the feasibility of the investments or funding sources including:

(A) A general estimate of the amount of additional funding needed;

(B) Identification of potential/likely funding mechanisms for key actions, including local or regional funding mechanisms; and,

(C) Coordination of estimates of potential state and federal funding sources with relevant state agencies (i.e. the Oregon Department of Transportation for transportation funding); and,

(D) Consider effects of alternative scenarios on development and travel patterns in the surrounding area (i.e. whether proposed policies will cause change in development or increased light vehicle travel between metropolitan area and surrounding communities compared to reference case).

(3) The preferred land use and transportation scenario shall include:

(a) A description of the land use and transportation growth concept providing for land use design types;

(b) A concept map showing the land use design types;

(c) Policies and strategies intended to achieve the target reductions in greenhouse gas emissions in OAR 660-044-0020;

(d) Planning assumptions upon which the preferred scenario relies including:

(A) Assumptions about state and federal policies and programs;

(B) Assumptions about vehicle technology, fleet or fuels, if those are different than those provided in OAR 660-044-0030;

(C) Assumptions or estimates of expected housing and employment growth by jurisdiction and land use design type; and

(D) Assumptions about proposed regional programs or actions other than those that set requirements for city and county comprehensive plans and land use regulations, such as investments and incentives;

(e) Performance measures and targets to monitor and guide implementation of the preferred scenario. Performance measures and targets shall be related to key elements, actions and expected outcomes from the preferred scenario. The performance measures shall include performance measures adopted to meet requirements of OAR 660-012-0035(5); and

(f) Recommendations for state or federal policies or actions to support the preferred scenario.

(4) When amending the regional framework plan, Metro shall adopt findings demonstrating that implementation of the preferred land use and transportation scenario meets the requirements of this division and can reasonably be expected to achieve the greenhouse gas emission reductions as set forth in the target in OAR 660-044-0020. Metro’s findings shall:

(a) Demonstrate Metro’s process for cooperative selection of a preferred alternative meets the requirements in subsections (2)(a)–(i);

(b) Explain how the expected pattern of land use development in combination with land use and transportation policies, programs, actions set forth in the preferred scenario will result in levels of greenhouse gas emissions from light vehicle travel that achieve the target in OAR 660-044-0020;

(c) Explain how the framework plan amendments are consistent with and adequate to carry out the preferred scenario, and are consistent with other provisions of the Regional Framework Plan; and,

(d) Explain how the preferred scenario is or will be made consistent with other applicable statewide planning goals or rules.

(5) Guidance on evaluation criteria and performance measures.

(a) The purpose of evaluation criteria referred to in subsection (2)(h) is to encourage Metro to select a preferred scenario that achieves greenhouse gas emissions reductions in a way that maximizes attainment of other community goals and benefits. This rule does not require the use of specific evaluation criteria. The following are examples of categories of evaluation criteria that Metro might use:

(A) Public health;

(B) Air quality;

(C) Household spending on energy or transportation;

(D) Implementation costs;

(E) Economic development;

(F) Access to parks and open space; and,

(G) Equity

(b) The purpose of performance measures and targets referred to in subsection (3)(e) is to enable Metro and area local governments to monitor and assess whether key elements or actions that make up the preferred scenario are being implemented, and whether the preferred scenario is achieving the expected outcomes. This rule does not establish or require use of particular performance measures or targets. The following are examples of types of performance measures that Metro might establish:

(A) Transit service revenue hours;

(B) Mode share;

(C) People per acre by 2040 Growth Concept design type;

(D) Percent of workforce participating in employee commute options programs; and

(E) Percent of households and jobs within one-quarter mile of transit.

Stat. Auth.: ORS 197.040 & 2009 OL Ch. 865 §37(8) (HB 2001)
Stats. Implemented: 2009 OL Ch. 865 §37(8) (HB 2001)
Hist.: LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13; LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17

660-044-0045

Adoption of Regional Plans to Implement the Preferred Scenario

(1) Within one year of the commission’s order approving Metro’s amendments to the regional framework plan to select and incorporate a preferred land use and transportation scenario, Metro shall adopt regional functional plan amendments to implement the framework plan amendments.

(2) Functional plan amendments shall establish requirements, deadlines and compliance procedures for amendments to local comprehensive plans, transportation system plans and land use regulations as necessary to implement the framework plan amendments. The functional plan amendments shall require affected cities and counties to adopt implementing amendments to comprehensive plans and land use regulations within two years of acknowledgement of Metro’s functional plan amendments or by a later date specified in the adopted functional plan.

(3) Functional plan amendments shall include requirements that local governments amend local comprehensive plans, transportation system plans and land use regulations to:

(a) Use population, housing and employment allocations to specific areas and land use design types that are consistent with estimates in the framework plan including assumptions about densities, infill, and redevelopment;

(b) Apply comprehensive plan designations and zoning districts that are consistent with land use design type, allowing uses and densities that are consistent with land use design type and limiting uses that would be incompatible with the design type specified in the preferred scenario; and,

(c) Include other provisions needed to implement the amended framework plan.

(4) As part of its adoption of functional plan amendments under this rule, Metro shall adopt findings demonstrating that actions required by the functional plan amendments are consistent with and adequate to implement the relevant portions of the preferred land use and transportation scenario set forth in the adopted framework plan amendments. The findings shall demonstrate that assumptions or allocations of housing and employment growth to specific areas are consistent with the estimates or assumptions in the framework plan amendments. In the event Metro’s allocations or assumptions vary from those upon which the framework plan amendments are based, Metro shall demonstrate that the revised assumptions or allocations, in combination with other measures adopted as part of the functional plan will meet the GHG reduction target in OAR 660-044-0020.

(5) Those portions of the preferred scenario in the framework plan that Metro chooses to implement by establishing requirements for city and county comprehensive plans and land use regulations shall be set forth in amendments to the functional plan. The amendments shall meet the following minimum planning standards:

(a) For adoption of amendments to the regional framework plan, the Metro Council shall follow the process set forth in the Metro Charter;

(b) For adoption of amendments to the functional plan, the Metro Council shall follow the process set forth in the Metro Charter for adoption of ordinances;

(c) The Metro Council shall strive for flexibility when establishing new requirements for cities and counties, and shall consider offering optional compliance paths to cities and counties, such as adoption of a model ordinance developed by Metro;

(d) Metro shall make new requirements for cities and counties included in the functional plan amendments adopted under this rule enforceable by Metro pursuant to ORS 268.390(6);

(6) When it adopts an updated regional transportation system plan required by OAR chapter 660, division 12, Metro shall demonstrate that the updated plan is consistent with framework plan amendments adopting a preferred scenario as provided in 660-044-0040(3).

Stat. Auth.: ORS 197.040 & 2009 OL Ch. 865 §37(8) (HB 2001)
Stats. Implemented: 2009 OL Ch. 865 §37(8) (HB 2001)
Hist.: LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13

660-044-0050

Commission Review of Regional Plans

(1) The commission shall review Metro’s framework plan amendments adopting a preferred land use and transportation scenario and amendments to functional plans to implement the framework plan amendments in the manner provided for periodic review under ORS 197.628 to 197.650.

(2) The commission’s review of framework plan amendments adopting a preferred land use and transportation scenario shall determine whether the preferred scenario can reasonably be expected to achieve greenhouse gas emission reductions as set forth in the targets in OAR 660-044-0020, other requirements of this division, and any applicable statewide planning goals.

(3) The commission’s review of amendments to functional plans shall determine whether the adopted functional plans are consistent with and adequate to carry out relevant portions of the framework plan amendments.

(4) The commission may conduct review of Metro’s framework plan amendments adopting a preferred scenario in conjunction with review of a UGB update or an update to the regional transportation system plan.

Stat. Auth.: ORS 197.040, 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001)
Stats. Implemented: ORS 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001)
Hist.: LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13

660-044-0055

Adoption of Local Plans to Implement the Preferred Scenario

(1) Local governments shall amend comprehensive plans, land use regulations, and transportation system plans to be consistent with and implement relevant portions of the preferred land use and transportation scenario as set forth in Metro’s functional plans or amendments. “Consistent” for the purpose of this section means city and county comprehensive plans and implementing ordinances, on the whole, conforms with the purposes of the performance standards in the functional plan and any failure to meet individual performance standard requirements is technical or minor in nature.

(2) Beginning one year from Metro’s adoption of a preferred scenario, local governments in the Portland metropolitan area shall, in adopting an amendment to a comprehensive plan or transportation system plan, other than a comprehensive plan or transportation system plan update or amendment to implement the preferred scenario, demonstrate that the proposed amendment is consistent with the preferred land use and transportation scenario.

Stat. Auth.: ORS 197.040, 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001)
Stats. Implemented: ORS 197.274(2) & 2009 OL Ch. 865 §37(8) (HB 2001)
Hist.: LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13

660-044-0060

Monitoring

(1) Metro shall as part of reports required by ORS 197.301 prepare a report monitoring progress in implementing the preferred scenario including status of performance measures and performance targets adopted as part of the preferred scenario.

(2) Metro’s report shall assess whether the region is making satisfactory progress in implementing the preferred scenario; identify reasons for lack of progress, and identify possible corrective actions to make satisfactory progress. Metro may update and revise the preferred scenario as necessary to ensure that performance targets are being met.

(3) The commission shall review the report and shall either find Metro is making satisfactory progress or provide recommendations for corrective actions to be considered or implemented by Metro prior to or as part of the next update of the preferred scenario.

Stat. Auth.: ORS 197.040, 197.301, 197.274(2) & 2009 OL Ch. 865 § 37(8) (HB 2001)
Stats. Implemented: ORS 197.301 & 2009 OL Ch. 865 § 37(8) (HB 2001)
Hist.: LCDD 10-2012, f. 12-4-12, cert. ef. 1-1-13; LCDD 5-2017, f. 2-28-17, cert. ef. 3-1-17

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