1 Asset Management Steering Committee Briefing on Senate Bill 408 (Access Management) August 2013 Harold Lasley, P.E. Access Management Program

2 Access Management Oversight Task Force Priorities SB 408 establishes new laws that change ODOT policies, rules and procedures. The new laws establish: 1.A “presumption” of ODOT’s written permission for existing approaches. 2.Requirements for access management in facility planning. 3.Requirements for access management in project development and delivery.

3 Presumption of ODOT’s Written Permission for Existing Approaches

4 Presumption of ODOT’s Written Permission SB 408 establishes a legal presumption of ODOT’s written permission for an existing approach if: –Highway project documents show ODOT built or rebuilt the approach or intended to issue approach permit; or –Documentation in any form shows that the approach: Existed before April 1, 2000; or Existed before ODOT accepted jurisdiction of the highway from another jurisdiction; or Was built or rebuilt with ODOT’s knowledge or permission.

5 Presumption of ODOT’s Written Permission Presumption of written permission: – Only applies if property has a right of access. – Only applies to uses of the approach that exist at the time SB 408 becomes law on January 1, – May be rebutted if ODOT establishes that a “factual basis” for the presumption does not exist. Presumption of written permission provides greater certainty to property owners that their driveway is legal (a.k.a. permitted).

6 New Requirements for Facility Plans

7 Facility plans include, but are not limited to: –Interchange Area Management Plans –Corridor Plans –Refinement Plans –Access Management Plans New Requirements for Facility Plans

8 SB 408 reiterates “balancing” objectives of SB 264: Plans are required to include “a methodology that balances economic development objectives of properties abutting state highways with safety and access management objectives” consistent with local Transportation System Plan (TSP) and comprehensive plans. New Requirements for Facility Plans

9 SB 408 strengthens collaboration between ODOT and local government. Local road and street locations must be determined by collaboration and agreement with cities and counties and facility plans must document those agreements. New Requirements for Facility Plans

10 SB 408 enhances transparency of ODOT decisions and plans regarding access to property. –Plans must develop “key principles” to evaluate how abutting properties may retain or obtain access during and after plan implementation. –Key principles must be detailed enough to inform owners of the potential to modify, relocate or close access. New Requirements for Facility Plans

11 SB 408 provides greater certainty about future actions that affect access. Plans that affect private access must include a timeline by which the plan may need to be implemented in order to meet safety and operational needs of the state highway. New Requirements for Facility Plans

12 New Requirements for Facility Plans SB 408 establishes review and dispute processes. –ODOT must provide notice and opportunity for review of key principles and methodology. –Two options for review available to property owners: A collaborative discussion. An Access Management Dispute Review Board.

13 New Requirements for Project Development and Delivery

14 SB 408 strengthens collaboration between ODOT, local government and property owners. ODOT must work with cities, counties, highway users and property owners affected by a project to: –Identify highway deficiencies within project limits. –Establish the long term vision for the highway segments impacted by the project to guide the scope and design of improvements. Project Development and Delivery

15 Project Development and Delivery Access Management Strategy –Each project must develop an Access Management Strategy in collaboration with affected cities, counties and property owners. –Each Access Management Strategy must engage affected property owners when: Establishing methodology by which accesses will be considered for modification, relocation or closure; or The Department proposes to acquire rights of access.

16 SB 408 establishes review and dispute processes. Within 21 days after the department finalizes the methodology it will use to determine modification, relocation or closure of accesses, a property owner may request review by: –A collaborative discussion established by rule; or –An Access Management Dispute Review Board Project Development and Delivery

17 SB 408 Implementation

18 SB 408 Implementation Effective date of new law is January 1, Requires adoption of rules for collaboration processes in project delivery and facility planning. –No date for new rules specified in SB 408. –Current schedule is for permanent rules to be adopted by OTC in June ODOT will begin implementation on January 1 based on policies under development and requirements in law, unless temporary rules are required.

19 SB 408 Implementation Work currently under way includes: –ODOT Rules Advisory Committee is developing policy/procedures papers for administrative rules. –Consultant reviewing existing rules to identify where new rules or revisions to existing rules are needed. –Identifying guidelines, manuals and policy documents affected by SB 408. –Communicating with staff about changes required when bill becomes effective on January 1.

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