(1) The Department of Transportation shall establish the Oregon Innovative Partnerships Program for the planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, leasing and operation of transportation projects.

(2) The goals of the Oregon Innovative Partnerships Program are to:

(a) Develop an expedited project delivery process;

(b) Maximize innovation; and

(c) Develop partnerships with private entities and units of government.

(3) As part of the program established under this section:

(a) The department may:

(A) Solicit concepts or proposals for transportation projects from private entities and units of government.

(B) Accept unsolicited concepts or proposals for transportation projects from private entities and units of government.

(C) Evaluate the concepts or proposals received under this subsection and select potential projects based on the concepts or proposals. The evaluation under this subparagraph shall include consultation with any appropriate local government, metropolitan planning organization or area commission on transportation.

(D) Charge an administrative fee for the evaluation in an amount determined by the department.

(b) The department shall enter into agreements to undertake transportation projects described in ORS § 367.806 (2).

(4) Following an evaluation by the department of concepts or proposals the department receives under subsection (3)(a) of this section, and the selection of potential transportation projects, the department may negotiate and enter into the agreements described in ORS § 367.806 for implementing the selected transportation projects.

(5) Except as provided in subsection (6) of this section:

(a) Information related to a transportation project proposed under ORS § 367.800 to 367.824, including but not limited to the project’s design, management, financing and other details, is exempt from disclosure under ORS § 192.311 to 192.478 until:

(A) The department shares the information with a local government, metropolitan planning organization or area commission on transportation under subsection (3)(a)(C) of this section; or

(B) The department completes its evaluation of the proposed project and has selected the proposal for negotiation of an agreement.

(b) After the department has either shared the information described in paragraph (a) of this subsection with a local government, metropolitan planning organization or area commission on transportation, or has completed its evaluation of the proposed project, the information is subject to disclosure under ORS § 192.311 to 192.478.

(6) Sensitive business, commercial or financial information that is not customarily provided to business competitors that is submitted to the department in connection with a transportation project under ORS § 367.800 to 367.824 is exempt from disclosure under ORS § 192.311 to 192.478 until the information is submitted to the Oregon Transportation Commission in connection with its review and approval of the transportation project under ORS § 367.806.

(7) The department may, in connection with the evaluation of concepts or proposals for transportation projects, consider any financing mechanisms, including but not limited to the imposition and collection of franchise fees or user fees and the development or use of other revenue sources.

(8) The department and any other unit of government may expend, out of any funds available for the purpose, such moneys as may be necessary for the evaluation of concepts or proposals for transportation projects and for negotiating agreements for transportation projects under ORS § 367.806. The department or other unit of government may employ engineers, consultants or other experts the department or other unit of government determines are needed for the purposes of doing the evaluation and negotiation. Expenses incurred by the department or other unit of government under this subsection prior to the issuance of transportation project revenue bonds or other financing shall be paid by the department or other unit of government, as applicable, and charged to the appropriate transportation project. The department or other unit of government shall keep records and accounts showing each amount so charged. Upon the sale of transportation project revenue bonds or upon obtaining other financing for any transportation project, the funds expended by the department or other unit of government under this subsection in connection with the project shall be repaid to the department or the unit of government from the proceeds of the bonds or other financing, as allowed by applicable law. [2003 c.790 § 3; 2013 c.781 § 24]

See note under 367.800.