justicedao/ipfs_state_laws huggingface dataset:
737-025-0092 Project Selection Criteria for Construction Grants (1) The following criteria will be used to select projects for the Construction Competitive Grant Program: (a) Technical Merit: (A) Conformance to plan developed pursuant to ORS 195.115, state land use laws and appropriate federal, state and local planning and programming requirements; (B) Adherence to appropriate design standards of methodology; (C) Appropriate scope of work in relation to identified needs; and (D) Ability to provide at least the minimum required cash match. (b) Benefit: (A) Potential to reduce or avoid child injuries and fatalities; (B) Potential to improve the ability of students to walk and bicycle to school; and (C) Potential to improve community outcomes, such as public safety (e.g., Priority Safety Corridor), equity (e.g., Title I schools), or livability. (c) Project Characteristics: (A) Proximity to a school; (B) Relationship to ongoing or planned non-infrastructure work; and (d) Support and Readiness: (A) Support of the school district and governing body for the project as demonstrated by a letter of support and endorsement; and (B) Readiness to proceed with the project as demonstrated by a proposed start date, identification of other available funding, or other indicators as provided by the applicant. (2) The following criteria will be used to select projects for the construction Rapid Response Grant Program: (a) All of the criteria for Competitive Program; (b) A clear sense of urgency, including a compelling reason why the project cannot wait for the next selection cycle of the Competitive Grant Program, and why it was not submitted in the last cycle; (c) Strong state, regional, or local support for advancing the project immediately; and (d) Represents an immediate need or opportunity: (A) An immediate “need” is considered a crash or several near-misses that have occurred within proximity to one another and a SRTS project is needed as soon as possible to address the safety problem. (B) An immediate “opportunity” is considered a project that has started or is about to start where the project can exceed the minimum match requirement to significantly improve safety near a school. (3) The OTC prioritizes projects within a two-mile radius of a public school that serves students in pre-kindergarten through grade 12 or any combination of those grade levels. The OTC will establish additional priorities from the project selection criteria each solicitation cycle. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018
737-025-0093 Award of Construction Grants (1) ODOT will review letters of intent and applications to determine if: (a) The Applicant and the project are eligible for an infrastructure grant; (b) The Applicant proposal complies with the appropriate standards or practices for the work described; and (c) The grant application is complete. (2) The Safe Routes to School Advisory Committee evaluates eligible applications and submits funding recommendations to the Oregon Transportation Commission for Competitive Program grants and to the ODOT Director for Rapid Response Program grants. When reviewing applications for Rapid Response and Project Identification Program grants, a sub-committee of SRTS Advisory Committee may convene to make recommendations about the application. (3) The Safe Routes to School Advisory Committee or sub-committee recommendations are forwarded to the Oregon Transportation Commission for the Competitive Program grants and to the ODOT Director for the Rapid Response grants for consideration of approval of grants for funding. (4) Project Awardees shall enter into a Grant Agreement with ODOT prior to release of any grant funds. (5) Project Awardees are responsible for any cost overages that occur during project delivery. Statutory/Other Authority: ORS 184.619, 184.740, 184.741 & 184.742 Statutes/Other Implemented: ORS 184.741 & 184.742 History: TSD 1-2024, amend filed 01/26/2024, effective 01/26/2024 TSD 32-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 3-2020, amend filed 10/26/2020, effective 10/26/2020 TSD 2-2018, adopt filed 06/28/2018, effective 06/28/2018
737-025-0094 Safe Routes to School Infrastructure Plan A Safe Routes to School Infrastructure Plan must: (1) Identify existing conditions identified as physical barriers and hazards to children walking or bicycling to and from school. (2) Prioritize the most critical infrastructure needs, projects, and priorities. (3) Be a product of work by local interested parties that must include representation of the following groups (a single person may represent multiple groups ): (a) School Principal or designated school staff representative endorsed by the school district, if one exists; (b) A parent who is a representative of or has the endorsement of a recognized school/parent organization, if one exists; (c) Representative endorsed by the local road authorities; and (d) Local transportation committee if one exists. Statutory/Other Authority: ORS 184.619, ORS 184.740, ORS 184.741 & ORS 184.742 Statutes/Other Implemented: ORS 184.741 & ORS 184.742 History: TSD 1-2024, adopt filed 01/26/2024, effective 01/26/2024
737-100-0010 Definitions (1) “Ambulance” is defined in ORS 682.025 and means the vehicle is currently licensed by Oregon Health Division. (2) “Competent mechanic” means a person who: (a) Is active at repairing vehicles of the type for which the designation is requested; and (b) Receives a substantial part of their income by repairing vehicles. (3) “Designated emergency vehicle” means a vehicle so designated, as allowed by ORS 801.260(3) and as specified in 735-100-0030(2). (4) “Emergency” means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action. (5) “ODOT Incident Response Vehicle” means a vehicle that is marked with external markings to identify the vehicle as an Oregon Department of Transportation Emergency or Incident Response vehicle. (6) “Owner” means a person or firm who owns the vehicle, or their authorized representative. Statutory/Other Authority: ORS 184.619, 801.260, 820.350 & 820.370 Statutes/Other Implemented: ORS 801.260, 815.230, 816.310, 820.350 & 820.370 History: TSD 33-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 2-2011, f. & cert. ef. 2-18-11
737-100-0040 Emergency Vehicle Designation for ODOT Incident Response Vehicles (1) The Transportation Safety Office of the Oregon Department of Transportation adopts these requirements regarding Emergency Vehicle designation for ODOT Emergency or Incident Response Vehicles. (2) Emergency Vehicle designation is assigned to the vehicle. Transportation Safety will consider issuance of an emergency vehicle designation to ODOT Emergency or Incident Response Vehicles upon receipt of a written request from the ODOT region manager or designee that details: (a) A complete description of the vehicle. This includes year model, make, body style, gross vehicle weight rating (GVWR), vehicle identification number, fleet identification number and the Oregon E-plate number; (b) How the vehicle will be used in emergency situations; (c) The region and district, staging location, name and working title of the individual that the vehicle is assigned to; and (d) The explicit need for this type of emergency vehicle in the area where it will be used. (3) ODOT Incident response vehicles shall be marked with external markings that identify the vehicle as an ODOT Emergency or Incident Response vehicle. (4) Designated emergency vehicles shall be equipped with warning lights and sirens as required by ORS 801.260 that: (a) Comply with Oregon law regarding types and usage, and with standards and requirements of Transportation Safety; and (b) Are used only in emergency situations and as allowed by Oregon law. (5) Designations that are approved shall be reviewed by Transportation Safety every two years to assure the vehicle and its usage still qualify for the designation. New data, as listed in section (2) of this rule, may be requested from the region manager or designee. (6) ODOT Emergency Vehicle designation may be cancelled when: (a) The vehicle has been sold or transferred; (b) The vehicle will no longer be used as an emergency vehicle or in the area specified in the request; (c) There is no longer a need, because adequate emergency services are now provided in the area. Need will be determined by the ODOT State Maintenance & Operations Engineer. Statutory/Other Authority: ORS 184.619, 801.260, 820.350 & 820.370 Statutes/Other Implemented: ORS 801.260, 815.230, 816.310, 820.350 & 820.370 History: TSD 35-2021, minor correction filed 07/29/2021, effective 07/29/2021 TSD 2-2011, f. & cert. ef. 2-18-11
738-001-0001 Notice of Proposed Rules In accordance with ORS 183.341, to provide a reasonable opportunity for interested persons to be notified of proposed actions, prior to the adoption, amendment or repeal of any rule, the Oregon Department of Aviation shall give notice of the proposed adoption, amendment or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 and in accordance with 183.335. (2) By electronically mailing or mailing a notice to persons on the Oregon Department of Aviation mailing lists for specific interest areas established pursuant to ORS 183.335(8). (3) By electronically mailing a notice to legislators as provided in ORS 183.335(15). Statutory/Other Authority: ORS 835.112 Statutes/Other Implemented: ORS 183.335 & 183.341 History: AVIA 1-2019, amend filed 01/22/2019, effective 01/22/2019 AVIA 1-2004, f. & cert. ef. 2-17-04 AVIA 1-2000, f. & cert. ef. 12-26-00
738-001-0006 Uniform and Model Rules of Procedure (1) Pursuant to ORS 183.341(2), the Oregon Department of Aviation adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, OAR chapter 137, divisions 1 through 5 to govern its rulemaking and contested cases or equivalent proceedings. (2) Pursuant to ORS 183.341, the Oregon Department of Aviation adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, OAR chapter 137, divisions 46 through 49 to govern its procurement and public contracting. (3) Sections (1) and (2) above adopt the Model Rules in effect on the date this rule is filed with the Secretary of State. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 183.341 & 279A.050 History: AVIA 1-2015, f. & cert. ef. 7-1-15 AVIA 1-2004, f. & cert. ef. 2-17-04 AVIA 1-2000, f. & cert. ef. 12-26-00
738-001-0035 Public Records Access and Fees (1) All information in the custody of the Director of the Oregon Department of Aviation ODA shall be disclosed or protected from disclosure in accordance with Chapter 192 of the Oregon Revised Statutes. (2) As used in this rule, “public record” has the meaning given in ORS 192.005(5). (3) A request for public records must: (a) Be in writing; (b) Be dated; (c) Include the requestor’s name, address, telephone number, and email address (if one exists); and; (d) Adequately describe the public records being requested. (4) Requestors may use ODA’s public records request form, available at https://www.oregon.gov/aviation/ (5) ODA shall respond to all requests for public records as soon as practicable and without unreasonable delay, according to the timelines outlined in ORS 192.324 and ORS 192.329. (6) ODA adopts DAS Statewide Policy 107-001-030 to calculate fees and to determine whether a request for fee waiver or reduction meets the public interest thresholds. (7) ODA may require pre-payment of any fees associated with a request for public records before work begins to prepare a response, or if work has already begun, before any responsive records are released. (8) Requests for fee waivers or reductions must be in writing and must succinctly state the basis on which the requestor seeks the fee waiver or reduction and explain how the request meets the public interest threshold described in DAS Statewide Policy 107-001-030. (9) An individual or entity that chooses to receive meeting agendas, materials or email updates electronically may subscribe by visiting ODA’s website. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 192.001 & 192.311 - 192.390 History: AVIA 3-2022, amend filed 07/12/2022, effective 07/12/2022 AVIA 3-2015, f. & cert. ef. 12-15-15 AVIA 2-2005, f. & cert. ef. 9-23-05 AVIA 4-2002, f. 11-27-02, cert. ef. 12-1-02 AVIA 1-2000, f. & cert. ef. 12-26-00
738-010-0010 Purpose of Rule and Statutory Authority The purpose of this rule is to establish fair, reasonable and nondiscriminatory rates and charges for all users of Oregon State-owned airports. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 3-2002, f. 10-30-02 cert. ef. 11-1-02 1AD 2-1981, f. & ef. 4-20-81
738-010-0015 Revenue Disbursement All revenue generated from State-owned airport activities and services shall be expended by the Department only for State-owned airport operations, maintenance and capital improvements. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 3-2002, f. 10-30-02 cert. ef. 11-1-02 1AD 2-1981, f. & ef. 4-20-81
738-010-0020 Establishment of Rates and Charges (1) The Department may use various methods to memorialize State-owned airport user rates or charges and fees assessed for the public use or tenancy of State-owned airport property and facilities, including but not limited to contract, agreement, permit or direct assessment. (2) The payment structure for any lease shall be determined by the Department and may consist of: (a) A fixed rent for a defined land parcel, hangar or other facility it occupies; or (b) A variable payment (related to fuel flowage, volume of business, aircraft operations, etc.) for the use of the airport property by its own aircraft or those of its customers. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 3-2002, f. 10-30-02 cert. ef. 11-1-02 1AD 2-1981, f. & ef. 4-20-81
738-010-0030 Adjustments of Fuel Flowage, Access, Tiedown, Mobile Service and Special Use Fees The Department shall regularly review the rate and charges for State-owned airports and compare them to rates in effect at non-State-owned airports. (1) The Department shall review and may adjust rates and charges for fuel flowage, access, tiedown, mobile service and special use fees at least every two years. (2) The Department shall provide 60 days’ advance written notice of any adjustment to any affected lessee. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 3-2002, f. 10-30-02 cert. ef. 11-1-02 1AD 2-1981, f. & ef. 4-20-81
738-010-0035 Fair Market Value Cost of Construction — Adjustments of Unimproved Land, Improved Land and Facility Rents All rents set forth in agreements for rental of improved or unimproved land, or for any facility or structure, may be adjusted by the Department as follows: (1) Adjustments shall be made annually; (2) Adjustments shall be based on the Consumer Price Index-Urban of the State of Oregon, rounded up to the penny, or three percent (3%) of the previous year’s rent, whichever is greater, or the lease rate can be determined by an appraisal of the Fair Market Value of the lease rate. (3) Except as provided in subsection (4), at intervals of not less than five (5) years, the Department may engage a certified appraiser or equally qualified aviation consultant, at its sole expense, to determine by either appraisal or market rent analysis, the current fair market value or rent for any property subject to a rental agreement. (4) The minimum five (5) year interval described in subsection (3) may be waived by the Department when the Department finds it necessary to meet a legitimate business need arising prior to conclusion of the five-year period. (5) The Department shall be responsible for the engagement of an appraiser or aviation consultant. All expenses for the appraisal or market rent analysis shall be borne by the Department. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 4-2015, f. & cert. ef. 12-15-15 AVIA 2-2010, f. 6-9-10, cert. ef. 7-7-10 AVIA 1-2010(Temp), f. & cert. ef. 1-7-10 thru 7-6-10 AVIA 3-2002, f. 10-30-02 cert. ef. 11-1-02
738-010-0045 Appraisal/Market Rent Analysis Methodology Appraisals and market rent analyses performed on all aeronautical properties, including either land only or land and improvements, shall meet the following minimum requirements: (1) An income analysis must be employed, through evaluating rental rates, fees and charges of similar aeronautical land and improvements at comparable airports. (2) All appraisals and analyses shall utilize current methods appropriate to valuation of aeronautical properties and facilities. (3) Survey data compiled by recognized aviation organizations may be used as ancillary support for rental rates and fees used in the process; however, all survey data used in the analysis shall be made available to lessor or lessee in the transaction. (4) Rates of return utilized in the income analysis shall be obtained through reasonable and acceptable methods and must be adequately discussed within the report. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 3-2002, f. 10-30-02 cert. ef. 11-1-02
738-010-0050 Rate of Return (1) If the appraisal is to determine the value of unimproved land only, then the determined value shall assume a “target” rate of return of not less than ten percent (10%), in order to yield the appropriate annual ground rental rate. The rate of return applied shall be commensurate with the term of the lease and capital improvements to be completed on the property. (2) If there are any improvements situated on the property (including, but not limited to, paved ramp/apron, office facilities, hangars and terminal buildings), the determined value shall assume a “target” rate of return of not less than ten percent (10%), in order to yield the appropriate annual rental rate. The rate of return utilized shall be commensurate with the term of the lease and capital improvements to be completed on the property. (3) If an appraisal is performed, the appropriate rental rate shall be derived by multiplying the rate of return by the final determined value. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 4-2015, f. & cert. ef. 12-15-15 AVIA 3-2002, f. 10-30-02 cert. ef. 11-1-02
738-010-0055 Highest and Best Use of State-Owned Aeronautical Property An appraisal or market rent analysis conducted pursuant to sections 738-010-0035 through 738-010-0050 shall assume that the highest and best use of the property is for aviation-related activities, and shall further assume: (1) That the property under analysis will continue to be part of an operating public use airport; and (2) That access to the infrastructure and amenities of the airport will continue to be available to the public. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 3-2002, f. 10-30-02 cert. ef. 11-1-02
738-010-0060 Penalties (1) At the discretion of the Director, or the Director’s designee, each lessee may pay a penalty for late or delinquent payments. Such penalty may not exceed ten percent (10%) of the original delinquent payment. Then that amount will be charged to the lessee each month until the lease payment is current. Example: If a lessee fails to pay a $100 lease payment, then the lessee will be charged $10 per month until the original lease payment and late fees are current. (2) Whenever a bank-issued check is presented for payment of any State-owned airport fee, and said check is returned to the ODA due to insufficient funds, closed account, or other similar reason, the Department shall charge the lessee presenting such check an additional fee of $50, plus any and all related collection fees. If the initial charges and returned check fees are not paid within 14 days after notification to lessee, ODA may suspend, revoke or place in default all of lessee’s permits, agreements or leases in force at that time, according to the terms specified in such contract. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.035, 835.040, 835.112 & 836.055 History: AVIA 4-2015, f. & cert. ef. 12-15-15 AVIA 3-2002, f. 10-30-02 cert. ef. 11-1-02
738-014-0010 Through the Fence Pilot Program: Purpose and Policy OAR 738-014-0010 through 738-014-0060 implement ORS 836.640 and 836.642 (Or Laws 2005, ch 820). The policy of the State of Oregon is to encourage and support the continued operation and vitality of Oregon’s airports. These rules establish a pilot program at up to three rural airports to encourage development of through the fence operations designed to promote economic development by creating family wage jobs, by increasing local tax bases and by increasing financial support for rural airports. Statutory/Other Authority: ORS 835.035, 836.642, sec. 4, ch. 820 & OL 2005 Statutes/Other Implemented: ORS 836.640, 836.642 & ch. 820 & OL 2005. History: AVIA 3-2006, f. 6-27-2006, cert. ef. 7-1-06
738-014-0020 Definitions In addition to the terms defined in OAR 738-005-0010, for purposes of OAR 738-014-0010 through 738-014-0050, the following definitions apply: (1) “Airport boundary” is the geographical line around the airport as indicated in the airport layout plan. The areas that may be included in the airport are described in OAR 660-013-0040(1). (2) “Customary and usual aviation-related activity” includes activities described in ORS 836.616(2) and includes activities that a local government may authorize pursuant to ORS 836.616(3). (3) “Facility site plan” means a plan showing the boundary of a proposed through the fence operation, and indicating infrastructure requirements, building layout and operational plans. (4) “Pilot site” means a rural airport selected to participate in the pilot program pursuant to OAR 660-014-0030 and the Aurora State Airport. (5) “Rural airport” means an airport described in ORS 836.610(1) that principally serves a city or standard metropolitan statistical area with a population of 75,000 or fewer. (6) “Through the fence operation” means a customary and usual aviation-related activity that: (a) Is conducted by a commercial or industrial user of property, not owned by the airport sponsor, within an airport boundary; and (b) Relies, for business purposes, on the ability to taxi aircraft directly from the property employed for the commercial or industrial use to an airport runway. Statutory/Other Authority: ORS 835.035, 836.642 & sec. 4, ch. 820 & OL 2005 Statutes/Other Implemented: ORS 836.640, 836.642 & ch. 820 & OL 2005 History: AVIA 3-2006, f. 6-27-2006, cert. ef. 7-1-06