Or. Admin. Code § 660-012-0135 - Equity Analysis

(1) Cities and counties shall determine whether the land use and transportation plans required in this division improve outcomes for underserved populations by using an equity analysis. An equity analysis is intended to determine benefits and burdens on underserved populations, as identified in OAR 660-012-0125.

(2) A city or county must engage in either a major equity analysis or an engagement-focused equity analysis as provided in this division, including in the following circumstances:

(a) A major equity analysis must be conducted when making a major update to a transportation system plan for an urban area of 5,000 in population or larger, as provided in OAR 660-012-0100(2).

(b) An engagement-focused equity analysis must be conducted:

(A) When making a major update to a transportation system plan for an urban area under 5,000 in population, as provided in OAR 660-012-0100(2);

(B) When making a minor update to a transportation system plan, as provided in OAR 660-012-0105(1);

(C) When designating a climate-friendly area, as provided in OAR 660-012-0315(4)(c); and

(D) When choosing to authorize a proposed facility, as provided in OAR 660-012-0830(2)(f).

(3) A city or county engaging in a major equity analysis shall conduct all the actions in the engagement-focused equity analysis in section (4). In addition, a city or county shall:

(a) Assess, document, acknowledge, and address where current and past land use, transportation, and housing policies and effects of climate change have harmed or are likely to harm underserved populations;

(b) Assess, document, acknowledge, and address where current and past racism in land use, transportation, and housing has harmed or is likely to harm underserved populations;

(c) Identify geographic areas with significantly disproportionate concentrations of underserved populations;

(d) Develop key performance measures as required in OAR 660-012-0905, or review existing performance measures, for key community outcomes as provided in subsection (4)(a) over time; and

(e) Use the best available data in conducting sections (a) through (d).

(4) A city or county conducting an engagement-focused equity analysis shall:

(a) Engage with members of underserved populations as identified in OAR 660-012-0125 to develop key community outcomes;

(b) Gather, collect, and value qualitative and quantitative information, including lived experience, from the community on how the proposed change benefits or burdens underserved populations;

(c) Recognize where and how intersectional discrimination compounds disadvantages;

(d) Analyze the proposed changes for impacts and alignment with desired key community outcomes and key performance measures under OAR 660-012-0905;

(e) Adopt strategies to create greater equity or minimize negative consequences; and

(f) Report back and share the information learned from the analysis and unresolved issues with people engaged as provided in subsection (a).

Notes

Or. Admin. Code § 660-012-0135

LCDD 2-2022, temporary adopt filed 06/01/2022, effective 6/1/2022 through 11/27/2022; LCDD 3-2022, adopt filed 08/17/2022, effective 8/17/2022; LCDD 9-2023, amend filed 11/07/2023, effective 11/7/2023

Statutory/Other Authority: ORS 197.040

Statutes/Other Implemented: ORS 197.012 & ORS 197.712