(1) For each project for which the Department of Transportation provided notice under ORS § 184.916, the department shall engage with each telecommunications provider that submitted a statement of interest under ORS § 184.916 (4) to determine whether accommodation of installation of underground utility infrastructure is appropriate.

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(2) The department may develop, by policy or rule, guidance for carrying out the provisions of this section. Guidance developed pursuant to this subsection must include, at a minimum:

(a) Procedures for processing and reviewing statements of interest received from telecommunications providers by the department;

(b) Criteria for determining how to accommodate installation of underground utility infrastructure;

(c) Procedures for interested parties to negotiate collocation of underground utility infrastructure within the trenching involved in the project;

(d) Procedures for permitting processes; and

(e) Protest procedures.

(3) The department shall make the final determination of the suitability of modifying a project to include installation of underground utility infrastructure, and may prescribe any conditions, requirements, restrictions or other provisions related to the modifications the department deems necessary. Conditions, requirements, restrictions or provisions prescribed under this subsection may include, but need not be limited to, liability provisions, requirements related to the financial responsibilities for future relocation of underground utility infrastructure if relocation is necessary, indemnification provisions and penalties for failure to comply with the terms of a modification agreement. [2021 c.524 § 3]