justicedao/ipfs_state_laws huggingface dataset:
732-042-0030 Qualified Entity Failure to Apply or Withdrawal from the STIF Formula Fund (1) Unless a Qualified Entity has an approved STIF Plan and is receiving quarterly distributions, the Agency shall accumulate STIF Formula Fund moneys for which a Qualified Entity is eligible, as calculated by the Agency pursuant to OAR 732-042-0010, for a period of one Biennium. (2) If a Qualified Entity fails to submit timely a STIF Plan for two consecutive STIF Formula Fund Cycles, as described in OAR 732-042-0005, the Agency shall release any STIF Formula Fund moneys accumulated for the Qualified Entity to the STIF Formula Fund generally for redistribution to other Qualified Entities. (3) If a Qualified Entity timely submits a STIF Plan but the STIF Plan is rejected by the Commission for two consecutive STIF Formula Fund Cycles, as described in OAR 732-042-0005, and neither rejection is overcome by an appeal or reconsideration, the Agency shall release any STIF Formula Fund moneys accumulated for the Qualified Entity to the STIF Formula Fund generally for redistribution to other Qualified Entities. (4) Qualified Entities eligible to receive STIF Formula Fund moneys may voluntarily withdraw from eligibility. A Qualified Entity intending to withdraw its eligibility shall notify the Agency of the decision to withdraw and the time period during which it wishes to withdraw its eligibility (such as the remainder of the current Biennium, all future Biennia, etc.). Upon the Qualified Entity’s withdrawal, the Agency shall release any STIF Formula Fund moneys accumulated or designated for the Qualified Entity to the STIF Formula Fund for redistribution to other Qualified Entities. During the period of withdrawal, the withdrawn Qualified Entity must be excluded from the Agency’s calculations under OAR 732-042-0010. A Qualified Entity may rescind its withdrawal at any time by written notice to the Agency. If a Qualified Entity rescinds its withdrawal, it will be eligible to receive STIF Formula Fund disbursements in the next STIF Formula Fund Cycle, contingent upon Commission approval of its STIF Plan under these rules. (5) Any interest accrued on STIF Formula Fund moneys accumulated by the Agency under this rule must be credited to the STIF Formula Fund generally. Statutory/Other Authority: ORS 184.619, ORS 184.658 & ORS 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-042-0045 Agency Amendment of STIF Plan (1) No later than 90 days prior July 1 annually, a Qualified Entity with an approved STIF Plan for the current Biennium (an “Original STIF Plan”) may submit a proposed amended STIF Plan for the current Biennium (an “Amended STIF Plan”) to the Agency. (2) The Amended STIF Plan must include documentation that the Governing Body approved the Amended STIF Plan prior to its submittal to the Agency. If STIF Formula funds will be jointly managed by two or more Qualified Entities, the Amended STIF Plan must include documentation demonstrating each Governing Body’s commitment to joint management. (3) An Amended STIF Plan submitted under section (1) of this rule may amend one or both of the following elements of the Qualified Entity’s Original STIF Plan: (a) The amount of Prior STIF Plan Period funds carried forward from the previous STIF Plan Period and the identification of the Projects to which those moneys will be allocated in the current Biennium; or (b) Based upon the latest estimate of STIF Formula Fund distributions for the current Biennium provided by the Agency, the total funding sought in the STIF Plan and Identification of the projects to which those moneys will be allocated in the current Biennium. (4) An Amended STIF Plan submitted under section (1) of this rule may: (a) Neither add any new Projects to the Original STIF Plan nor (b) Modify the description of Projects included in the Original STIF Plan, except that the description may be modified to reflect any changes to the anticipated benefits and discrete measurable outcomes associated with each Project with specific reference to whether the Project advances each of the criteria listed at 732-042-0015(2)(c). (5) The Agency shall review all timely received proposed Amended STIF Plans. The Agency shall submit each completed Amended STIF Plan to PTAC for review and recommendation to the Commission. The Commission shall thereafter review and either approve or reject each proposed Amended STIF Plan. (6) If an Amended STIF Plan is approved by the Commission, the Amended STIF Plan supersedes the Qualified Entity’s Original STIF Plan for the remainder of the current Biennium. (7) If an Amended STIF Plan is rejected by the Commission, a Qualified Entity may file one appeal as described in OAR 732-040-0050. Statutory/Other Authority: ORS 184.619, 184.758 & 184.761 Statutes/Other Implemented: ORS 184.755-184.766 History: PTD 2-2026, amend filed 01/22/2026, effective 01/22/2026 PTD 3-2024, adopt filed 10/10/2024, effective 10/10/2024 PTD 2-2024, temporary adopt filed 05/09/2024, effective 05/09/2024 through 11/04/2024
732-042-0055 Contractor Compliance (1) A Qualified Entity shall determine whether an entity with which it enters into an agreement to pass through STIF funds is a Sub-Recipient or a contractor according to the criteria set forth in this rule. (2) A person or entity that receives STIF Formula funds from the Qualified Entity is a contractor if the person or entity's relationship with the Qualified Entity possesses characteristics of a procurement relationship. Characteristics of a procurement relationship may include, but are not limited to, that the person or entity: (a) Provides the goods and services within normal business operations; (b) Provides similar goods or services to many different purchasers; (c) Normally operates in a competitive environment; (d) Provides goods or services that are ancillary to the implementation of the STIF program; (e) Is not subject to compliance requirements of a state program as a result of the agreement. However, similar requirements may apply for other reasons; (f) Is expected to deliver a limited service in conformity with the terms of its contract with the Recipient. (3) The Agency may review a Qualified Entity’s determination that an entity is a contractor during the Agency's compliance site review of the Qualified Entity. If the Agency determines that an entity should have been classified as a Sub-Recipient rather than a contractor, the Qualified Entity shall alter its determination. (a) If the entity that should have been classified as a Sub-Recipient has an agreement to receive STIF funds for a Project in a STIF Plan with an effective date on or after July 1, 2027, then the Qualified Entity must conduct a review of the entity pursuant to OAR 732-042-0050. The Agency may also issue a compliance finding or exercise remedies under the STIF Plan agreement with the Qualified Entity if necessary. (b) If the entity that should have been classified as a Sub-Recipient has an agreement to receive STIF funds for a Project in a STIF Plan with an effective date prior to July 1, 2027, then the Qualified Entity must follow the Sub-Recipient Accountability procedures included in its STIF Plan pursuant to OAR 732-042-0015(2)(h) for the entity. The Agency may also issue a compliance finding or exercise remedies under the STIF Plan agreement with the Qualified Entity if necessary. (4) A Qualified Entity is responsible for ensuring that a contractor’s use of STIF funds conforms with all relevant rules, statutes, and the terms of its agreement with the contractor. (5) A Qualified Entity shall include provisions in its contract requiring that a contractor permit the Qualified Entity, Agency, the Secretary of State of the State of Oregon, or their authorized representatives, upon reasonable notice, access to all data and records relating to STIF moneys received and to inspect the Projects financed with STIF moneys including, but not limited to, the financial records, physical premises and Capital Assets used to deliver public transportation services. Statutory/Other Authority: ORS 184.619, 184.758 & 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 2-2026, adopt filed 01/22/2026, effective 01/22/2026
732-044-0000 Temporary rule language in effect until 08/13/2026. Purposes of the Funds (1) The Discretionary Fund is intended to provide a flexible funding source to improve public transportation in Oregon. It is not a source of ongoing operations funding, except for operations projects to sustain existing services that the Oregon Transportation Commission approves after review of projects submitted for funding for the 2027-2028 grant solicitation cycle. (2) The Intercommunity Discretionary Fund is for improving connections between communities and between communities and other key destinations important for a connected Statewide Transit Network. As a competitive funding source, ongoing operations Projects are subject to risk of not receiving continuous funding. Statutory/Other Authority: ORS 184.619, 184.758 & 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 1-2026, temporary amend filed 01/22/2026, effective 02/15/2026 through 08/13/2026 PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-044-0005 Project Eligibility and Match (1) Projects eligible to receive grants under the Discretionary Fund include, but are not limited to: capital projects such as vehicles, facilities, equipment, and technology, as well as mobility management, planning, and research. Pilot operations projects may be considered for funding if the application includes a feasible financial plan for ongoing operations beyond the initial pilot period. (2) Projects eligible to receive grants under the Intercommunity Discretionary Fund include, but are not limited to: capital Projects such as vehicles, facilities, equipment, and technology as well as mobility management, planning, research, and operations. Pilot and ongoing operations projects may be considered for funding under the Intercommunity Discretionary Fund if the application includes a feasible financial plan for ongoing operations beyond the initial pilot period. (3) Projects eligible to receive grants under the Discretionary and Intercommunity Discretionary Funds must appear in a Local Plan, as defined in OAR 732-040-0005(17), or be a Project that meets one or more of the characteristics in sections (4)(a)(C)-(D) of this rule. (4) Match Requirements: (a) An applicant shall demonstrate the ability to provide a match of at least 20 percent of the total Project’s cost, unless any of the following characteristics exist in which case the applicant shall demonstrate the ability to provide a 10 percent match: (A) The Project will predominantly serve or provide access to and from rural communities (communities outside of urbanized areas with populations of 50,000 people or less); (B) The Project will serve an area located outside of a Public Transportation Service Provider’s geographic jurisdiction; (C) The Project will fill a significant gap in the Statewide Transit Network; or (D) The Project will provide statewide benefits to multiple Public Transportation Service Providers. The applicant shall identify the benefits to areas outside the jurisdiction where the Project will be located. (b) After determining whether an applicant meets one or more of the characteristics listed in 732-044-0005(4)(a)(A-D), the Agency shall propose a match requirement of 20 percent or 10 percent of the total project cost for each Project recommended for award, considering both individual applicant needs and overall fund availability. (c) Eligible Project match sources may include federal funds and certain state funds (STIF Formula or Special Transportation Funds) for public transportation purposes, local funds, private contributions, and in-kind labor or contributions. Match contributions, including Capital Assets such as property, shall be used only once as match on a single Project and may not be used again as a match. Fare box revenues are not eligible match. Statutory/Other Authority: ORS 184.619, ORS 184.658 & ORS 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 3-2022, amend filed 05/24/2022, effective 07/01/2023 PTD 1-2022, amend filed 01/25/2022, effective 01/25/2022 PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-044-0010 Solicitation and Application Submission Periods (1) The Agency shall announce time periods and dates for submitting applications for funding. (2) Applications that are rejected may be resubmitted during subsequent application submission periods. (3) The Agency may combine Discretionary Fund and Intercommunity Discretionary Fund solicitations with each other or with other state or federal fund solicitations and offer them in a single grant solicitation cycle. Statutory/Other Authority: ORS 184.619, ORS 184-658 & ORS 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-044-0015 Application Requirements (1) Public Transportation Service Providers interested in receiving discretionary STIF moneys shall submit a written application to the Agency. (2) The Agency will prescribe the application format and content. At a minimum, for each Project proposed, the grant application must include: (a) A description of the Project scope, schedule, budget, deliverables and expected quantifiable outcomes; (b) A phasing plan for multi-phase Projects that is planned to be completed after the funding period specified in the solicitation; (c) A description of how the Project will support the purpose, as applicable, of either the Discretionary Fund or the Intercommunity Discretionary Fund, as described in OAR 732-044-0000; (d) A budget that specifies amounts by source, including match and any other funds that may be leveraged to complete the proposed Project; (e) A list of any Sub-Recipients of the grant funds, if applicable; (f) For capital construction Projects, documentation to validate the Project schedule and costs and documentation of control of any real property, as applicable; (g) A description of the dollar amount and source of the applicant’s matching funds as described in OAR 732-044-0005(4); and (h) A written explanation of how the applicant meets the Recipient Qualifications described in OAR 732-044-0020. Statutory/Other Authority: ORS 184.619, ORS 184.658 & ORS 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-044-0020 Recipient Qualifications (1) Only Public Transportation Service Providers are eligible to be Recipients of Discretionary Fund and Intercommunity Discretionary Fund moneys. (2) Recipients shall meet, or demonstrate the capacity to meet, the following qualifications, as applicable to the type of Project being funded. (a) Be an entity eligible to enter into agreements; (b) Have the legal, managerial and operational capacity to perform the Project within the agreed schedule; (c) Not be debarred or suspended from receiving federal grants; (d) Maintain compliance with federal, state and local laws and regulations including, and not limited to, those pertaining to passenger transportation, civil rights, labor, insurance, safety and health, as applicable; (e) Comply with applicable laws, these rules, and the policies of the applicable grant fund; (f) Properly use STIF moneys; and (g) Perform the Project in a safe, prudent and timely manner. (3) A Recipient may require additional eligibility qualifications of Sub-Recipients. (4) The Recipient shall confirm the eligibility of a Sub-Recipient prior to distributing STIF moneys and entering into an agreement with the Sub-Recipient. (5) The Recipient shall ensure that Sub-Recipients maintain eligibility while receiving STIF moneys. (6) If the Agency determines that a Sub-Recipient has been ineligible for any period during which it receives STIF moneys, the Agency shall require the Recipient to repay moneys received by the Sub-Recipient during the period of ineligibility. If a Recipient determines that a Sub-Recipient becomes ineligible at any time when it was receiving STIF funds, the Recipient shall promptly notify the Agency’s STIF Administrator in writing. Statutory/Other Authority: ORS 184.619, ORS 184.658 & ORS 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-044-0025 Advisory Committee Review of Projects Under the Discretionary STIF Funds (1) The Agency shall provide a copy of any grant application it receives to the appropriate Qualified Entity. (2) Each Qualified Entity that receives a copy of a grant application from the Agency shall review the application and provide a written funding recommendation on the Project to the Agency following consultation with its Advisory Committee or the joint Advisory Committee in which it participates. (3) An Advisory Committee shall conduct its review and activities in compliance with its written bylaws, as described in OAR 732-040-0030. (4) Each Qualified Entity shall submit its funding recommendation to the Agency within the timelines specified in the grant solicitation cycle. (5) Each Qualified Entity may recommend a prioritized list of Projects that concern the Qualified Entity’s(ies’) area(s) of responsibility. Each Qualified Entity shall provide the prioritized list of Projects, if any, to the Agency within the timelines specified in the grant solicitation cycle. (6) When reviewing a Project proposal for acceptance, rejection or prioritization, a Qualified Entity shall consider the extent to which the Project: (a) Supports the Purpose, as applicable, of the Discretionary Fund or the Intercommunity Discretionary Fund, as described in OAR 732-044-0000; (b) Meets the criteria established under OAR 732-044-0030(1); and (c) Meets any additional criteria established by the Commission. Statutory/Other Authority: ORS 184.619, 184.658, 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 5-2020, amend filed 09/23/2020, effective 09/23/2020 PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-044-0030 Project Selection (1) The Commission shall determine its investment priorities with input from the Public Transportation Advisory Committee prior to Agency public notice of grant solicitation for discretionary STIF moneys. The Commission’s investment priorities are: (a) Improvement of Public Transportation Service to Low-Income Households; (b) Improved Coordination between Public Transportation Service Providers and reduced fragmentation of Public Transportation Services; (c) Consistency with Oregon Public Transportation Plan goals, policies, and implementation plans, including: (A) Integrated public transportation planning where affected communities planned or partnered to develop proposed Projects. (B) Technological innovations that improve efficiencies and promote a seamless and easy to use Statewide Transit Network. (C) Advancement of State greenhouse gas emission reduction goals. (D) Support or improvement of a useful and well-connected Statewide Transit Network; (E) Elimination of first- and last-mile barriers to public transportation; (F) Improving or maintaining connections to and between services and travel modes. (d) Operations Projects that do not substantially rely on discretionary state funding beyond a pilot phase; (e) Geographic equity or an ability to leverage other funds (these factors apply when all other priorities are held equal); and (f) Other factors as determined by the Commission. (2) The Agency shall review applications for compliance with the Application Requirements described in OAR 732-044-0015. The Agency may ask the applicants to supply missing information or to provide clarification about the meaning or intent of any portion of an application. Applicants shall respond to Agency inquiries within the time frame described in the solicitation documents. (3) The Agency shall make Project applications available to ACTs for review and comment to the Public Transportation Advisory Committee. (4) The Agency shall prepare a recommendation to Public Transportation Advisory Committee with a prioritized list of applications to be accepted and applications to be rejected considering input from the Advisory Committees and ACTs. (5) The Public Transportation Advisory Committee shall review and recommend a list of prioritized Projects for funding to the Commission, considering input from the Agency, Advisory Committees, and ACTs. (6) The Commission shall determine the acceptance or rejection of grant applications for discretionary STIF moneys. (7) The Agency shall email notice of the Commission’s determination to applicants within seven days of the Commission’s determination. Statutory/Other Authority: ORS 184.619, 184.758 & 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 2-2026, amend filed 01/22/2026, effective 01/22/2026 PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-044-0040 Reporting Requirements (1) Quarterly Reports: (a) Using a form or web-based system provided by the Agency, each Recipient shall prepare a quarterly report to the Agency which details Project progress, outcomes achieved, and expenditures of discretionary STIF moneys by itself and its Sub-Recipients. (b) The Agency may require additional documentation or deliverables appropriate to the type of Project specified in the grant agreement with the Recipient. Recipients may require additional reporting from its Sub-Recipient. (c) The Quarterly report must be submitted no later than 45 days following the end of each quarter. The fourth and eighth quarter reports may be preliminary reports, subject to adjustment after the completion of the Recipient’s audit. (2) Capital Assets: Recipients that have acquired, purchased or leased Capital Assets using STIF discretionary funds shall provide the Agency with a report of the Capital Asset inventory, described in OAR 732-044-0050. Recipients of Capital Assets will report regularly as specified by the Agency, during the period of useful life or exceeding useful life while still in use for public transportation of the Capital Asset. Statutory/Other Authority: ORS 184.619, ORS 184.658 & ORS 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-044-0045 Withholding or Repayment of Funds (1) The Agency may withhold payment of discretionary STIF moneys to, or seek reimbursement from, a Recipient if: (a) The Recipient or its Sub-Recipient is not using STIF moneys in accordance with applicable laws, these rules or the terms of the agreement under which the funds were distributed; (b) The Recipient or its Sub-Recipient has not submitted required reporting; (c) The Agency determines that there is any unresolved audit finding relating to the accounting for STIF moneys; or (d) The Agency determines that there is any unresolved compliance review finding relating to the use of STIF moneys. (2) If an audit or a review of a Recipient or a Sub-Recipient’s implementation of an agreement under which STIF moneys were distributed determines that the Recipient or a Sub-Recipient used STIF moneys inconsistently with the agreement, the Recipient shall repay the STIF portion used improperly to the Agency. Statutory/Other Authority: ORS 184.619, ORS 184.658 & ORS 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018