justicedao/ipfs_state_laws huggingface dataset:
741-015-0040 Application Review and Approval (1) If the proposed project is not already on the Rail Needs Inventory (RNI), the applicant must complete and submit the RNI Intake Form (insert hyperlink to the Intake Form). The Department shall review the Project to determine if the Project will be added to the RNI. (2) Upon receipt of an application, the Department shall determine whether the Project is eligible for Program Funds. To be eligible, the Applicant and Project must meet the following criteria: (a) The Project applicant is a railroad doing business within the state of Oregon; a public jurisdiction within the state of Oregon; or a company, foreign or domestic, incorporated or registered with the Oregon Secretary of State to do business within the state of Oregon. (b) The Project will assist in developing or rehabilitating railroad infrastructure that: (A) Supports state and local government efforts to attract new industries to Oregon, or (B) Keeps and encourages expansion of existing industries or improves the functional utility of the state’s railroad network by increasing capacity, enhancing safety, or reducing greenhouse gases. (c) The Project will serve the public good and would benefit from the provision of public assistance. (d) The Project will not require or rely upon continuing subsidies from the Department. (e) The Project is consistent with the goals of the Oregon State Rail Plan. and (f) The applicant is current on all state and local taxes, fees, and assessments. (3) If the Project is not eligible, the Department shall, within 60 days: (a) Reject the application; or (b) Request additional information the applicant must provide to establish eligibility. Statutory/Other Authority: ORS 184.619 & 824.016 Statutes/Other Implemented: ORS 824.016 History: RD 5-2025, minor correction filed 06/13/2025, effective 06/13/2025 RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024
741-015-0050 Project Funding Priorities (1) The Department shall prioritize a Project for funding that demonstrates one or more of the following: (a) The Project will use Program Funds or other funding sources to leverage federal discretionary grant funding. (b) Whether the Project leverages other development efforts by the state or other government units. (c) Whether the Project advances the goals for the Oregon rail system as outlined by the Oregon Department of Transportation in the Oregon State Rail Plan. (2) The methodology for analyzing and prioritizing Projects is described in Appendix C of the Oregon State Rail Plan – Implementation Plan (https://www.oregon.gov/odot/rptd/pages/oregon-state-rail-plan-implementation.aspx). Statutory/Other Authority: ORS 184.619 & 824.016 Statutes/Other Implemented: ORS 824.016 History: RD 6-2025, minor correction filed 06/13/2025, effective 06/13/2025 RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024
741-015-0060 Program Expenditures (1) P roject funds, when available and approved, may be awarded for all or for a portion of a Project's cost depending upon applicant's ability to access other funds to invest in the Project. (2) Any single Project may not receive more than 50% of the funds available to the Program during any single application period. (3) An applicant’s share of Project costs may be cash, or a combination of cash and in-kind services. (4) When the applicant intends to use Approved Project funding as match for obtaining a federal discretionary grant, the Department will reserve the approved amount in the program’s account pending outcome of the federal grant application process. If the federal grant is awarded, the reserved state match funds will be released in accordance with procedures in OAR 741-015-0070. If the federal grant application is unsuccessful, the Department will rescind approval of Project funding and the reserved match money will be returned to the State Rail Rehabilitation Fund general account. Statutory/Other Authority: ORS 184.619 & 824.016 Statutes/Other Implemented: ORS 824.016 History: RD 7-2025, minor correction filed 06/13/2025, effective 06/13/2025 RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024
741-015-0070 Project Administration (1) The Department and the successful applicant shall execute a contract prior to the disbursal of Program Funds for an Approved Project. (2) The successful applicant shall submit documentation of the projected costs for an Approved Project to the Department prior to the disbursal of Program Funds. (3) Disbursal of Program Funds may not exceed one disbursal per month. (4) Disbursal of Program Funds for an Approved Project that is match for a federal grant will be proportional to the overall project and may not exceed one disbursal per month. (5) Upon request, the successful applicant must provide the Department a written report on the activities or results of the Project and any other information that may be reasonably requested by the Department. (6) An amendment to an Approved Project contract is required to change a Project’s cost, scope, objectives, or timeframe. Any amendment to an approved Project contract must conform to the requirements of these OAR 741, Division 15 rules. Statutory/Other Authority: ORS 184.619 & 824.016 Statutes/Other Implemented: ORS 824.016 History: RD 8-2025, minor correction filed 06/13/2025, effective 06/13/2025 RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024
741-015-0080 Sanctions, Exceptions and Appeals (1) The Department may impose sanctions against a successful applicant that fails to comply with the requirements governing the Program. The Department may not impose sanctions until the applicant has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted. The following circumstances may warrant sanctions: (a) Activities for Projects not funded as a match for federal grants have not begun within six months of notification of the award of money from the State Rail Rehabilitation Fund; (b) For Projects funded as a match for federal grants, the successful applicant fails to notify the Department within 30 days of federal grant decision; (c) The successful applicant fails to meet state statutory requirements; (d) There is a significant deviation in the Project from the Approved Project contract; or (e) The Department finds that significant corrective actions are necessary to protect the integrity of the Program Funds for the Approved Project, and those corrective actions are not, or will not be, made within a reasonable time. (2) One or more of the following sanctions may be imposed by the Department: (a) Revoke an existing award. (b) Withhold undisbursed Program Funds. (c) Require return of undisbursed Program Funds or repayment of expended Program Funds. (d) Bar the applicant from applying for future assistance under this Program. (e) Any other sanction that may be incorporated into a contract related to the Project. (3) The sanctions set forth in this rule are cumulative, are not exclusive, and are in addition to any other rights and sanctions provided by law or under the contract. (4) The Director or the Director’s designee will consider an appeal of the Department’s funding decision. Only an applicant may appeal. An appeal must be submitted in writing to the Director or the Director’s designee within 30 days of the event or action that is being appealed. Statutory/Other Authority: ORS 184.619 & 824.016 Statutes/Other Implemented: ORS 824.016 History: RD 9-2025, minor correction filed 06/13/2025, effective 06/13/2025 RD 2-2024, adopt filed 10/10/2024, effective 10/10/2024
741-020-0010 Purpose Chapter 741, Oregon Laws 2003 created the Industrial Rail Spur Fund, allowing for the issuance of lottery bonds to for the purpose of financing grants and loans to fund industrial rail spurs. The purpose of division 20 rules is to establish the Industrial Spur Track Program for the distribution of the funds as well as procedures, standards and criteria for its operation. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003 History: RD 3-2004, f. & cert. ef. 5-20-04
741-020-0020 Definitions For the purposes of division 20 rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise: (1) “Approved Project” means a Project that the Department has determined will receive funding through either a grant or loan from the Industrial Spur Rail Fund. (2) “Department” is as defined in ORS 184.610(2). (3) “Director” is as defined in ORS 184.610(3). (4) “Industrial Spur Track” means a segment of trackage used for the rail transportation of raw materials and finished products between manufacturing facilities and mail line rails or that serves a transloading, reloading and teaming facility. (5) “Program” means the Industrial Spur Track Program established by division 20 rules to administer the Industrial Rail Spur Fund. (6) “Program Funds” means the money appropriated by the Legislature to the Industrial Spur Fund. These funds may be used as either grants or loans to eligible projects. (7) “Project” means installation and/or upgrading of industrial spur track. A Project may also include the upgrade of trackage at an industrial facility to handle 286,000-pound GWR rail car shipments or the installation and/or upgrade of trackage that is adjacent to the project and is necessary for the proposed project to function properly. (8) “Railroad” as is defined in ORS 824.020. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003 History: RD 3-2004, f. & cert. ef. 5-20-04
741-020-0025 Application Submission Periods (1) The Department will announce periods for submitting applications for funding from the Industrial Rail Spur Fund, as funding is available. (2) Project applications will be reviewed for compliance with the requirements in OAR 741-020-0040 and as prescribed in 741-020-0050. (3) Projects not funded may be resubmitted during application submission periods prescribed by the Department. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003 History: RD 3-2004, f. & cert. ef. 5-20-04
741-020-0030 Application Requirements Persons or entities interested in receiving funds from the Industrial Rail Spur Fund may submit to the Department a written application. The application shall be in a format prescribed by the Department and shall contain or be accompanied by such information as the Department may require. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003 History: RD 3-2004, f. & cert. ef. 5-20-04
741-020-0040 Application Review and Approval Upon receipt of an application the Department shall determine whether the Project is eligible for Program Funds. Projects that meet the following criteria are eligible: (1) The applicant is a railroad doing business within the state of Oregon; a public jurisdiction within the state of Oregon; a company, foreign or domestic, incorporated or registered with the Oregon Secretary of State to do business within the state of Oregon. (2) The Project will assist in developing a system of industrial rail spur tracks that supports state and local government efforts to attract new industries to Oregon or that keeps and encourages expansion of existing industries. (3) The Project will serve the public good and would benefit from the provision of public assistance. (4) The Project is not a replacement for an industrial spur track that would have been constructed without public assistance. (5) The project will not require or rely upon continuing subsidies from the Department. (6) The applicant is current on all state and local taxes, fees and assessments. (7) If the Project is not eligible, the Department shall, within 30 days: (a) Reject the application; or (b) Specify the additional information the applicant must provide to establish eligibility. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003 History: RD 3-2004, f. & cert. ef. 5-20-04
741-020-0050 Project Funding Priorities The Department shall consider the following in its determination of which eligible Projects will be approved for receipt of funds from the Industrial Rail Spur Fund: (1) The amount of funding available. (2) Whether the Project will facilitate creation of new jobs and capital investment or the retention of existing jobs and capital investment that would otherwise be lost to Oregon. (3) Whether the Project leverages other development efforts by the state or other government units. (4) Supportive documents from the industry(s) and the railroad indicating the number of new carloads expected to be created within the first three years after construction of the project. (5) Whether the Project facilitates the retention and/or creation of jobs in economically distressed areas of the state. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003 History: RD 3-2004, f. & cert. ef. 5-20-04
741-020-0060 Grant Awards and Match (1) Grant awards shall not exceed 75% of the total Project costs. Loans may be for the full amount of the project. In no case, shall any one project receive more than 50% of the funds available to the Program. (2) Any required local share of a project grant can be cash, or a combination of cash and in-kind services. (3) Grants and loans will be awarded only when there are sufficient funds available to cover the costs of the loans and grants. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003 History: RD 3-2004, f. & cert. ef. 5-20-04
741-020-0070 Project Administration (1) The Department and the successful applicant shall execute a grant/loan contract prior to the disbursal of Program Funds for an Approved Project. (2) Documentation of the projected costs for an Approved Project shall be submitted to the Department prior to the disbursal of Program Funds. (3) Disbursal of Program Funds for grants will not exceed one disbursal per month. (4) Upon request, the successful applicant must provide the Department with a copy of documents, studies, reports and materials developed during the Project, including a written report on the activities or results of the Project and any other information that may be reasonably requested by the Department. (5) Any Program Funds disbursed but not used for an Approved Project must be returned to the Department. (6) Amendments to Approved Project grant contracts are required to change a project’s cost, scope, objectives or timeframe. (7) The Department will require that a lien be placed upon the improvements in the county in which an Approved Project is located. This lien shall be in form approved by the Department and remain in effect for a period of not less than 10 years from the disbursal of the first Program Funds. (8) If after three years the Approved Project does not generate the carloads and/or the jobs anticipated, the Department may request that the applicant repay up to 40% of Program Funds given as a grant. This shall only occur after the Department investigates the situation and a determination is made as to the cause(s) of the failure to meet the original objectives of the Approved Project. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003 History: RD 3-2004, f. & cert. ef. 5-20-04
741-020-0080 Sanctions, Exceptions and Appeals (1) The Department may invoke sanctions against applicants that fail to comply with the requirements governing the Program. The Department will not impose sanctions until the applicant has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted. The following circumstances may warrant sanctions: (a) None of the Approved Project activities have begun within six months of notification of the award of money from the Industrial Spur Program; (b) State statutory requirements have not been met; (c) There is a significant deviation from the Approved Project grant/loan contract; or (d) The Department finds that significant corrective actions are necessary to protect the integrity of the Program Funds for the Approved Project, and those corrective actions are not, or will not be, made within a reasonable time. (2) One or more of the following sanctions may be imposed by the Department: (a) Revoke an existing award. (b) Withhold unexpended Program Funds. (c) Require return of unexpended Program Funds or repayment of expended Program Funds. (d) Bar the applicant from applying for future assistance. (e) Other remedies that may be incorporated into grant/loan contracts. (3) The remedies set forth in this rule are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under the contract. (4) The Director will consider appeals of the Department’s funding decisions. Only the applicant may appeal. Appeals must be submitted in writing to the Director within 30 days of the event or action that is being appealed. The Director’s decision is final. (5) The Director may waive non-statutory requirements of this Program if it is demonstrated such a waiver would serve to further the goals and objectives of the Program. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 367.070 & Sec. 10 & Ch. 741 OL 2003 History: RD 3-2004, f. & cert. ef. 5-20-04
741-025-0010 Purpose The Short Line Credit Premium Account is established in ORS 367.067. The purpose of division 25 rules is to establish the Short Line Railroad Rail Infrastructure Improvement Program as well as procedures, standards and criteria for its operation. Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011 Statutes/Other Implemented: ORS 367.066(2) & 367.067 History: RD 4-2004, f. & cert. ef. 5-20-04
741-025-0020 Definitions For the purposes of division 25 rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise: (1) “Department” is as defined in ORS 184.610(2). (2) “Director” is as defined in ORS 184.610(3). (3) “Program” means the Short Line Railroad Rail Infrastructure Improvement Program as established by division 25 rules to administer the Short Line Credit Premium Account. (4) “Program Funds” means the amount of money appropriated by the Legislature to the Short Line Credit Premium Account. These funds may used as either grants or loans to eligible projects. (5) “Project” means repair and refurbishment of trackage, right of way, structures or appurtenances of a shortline railroad’s rail line for the purpose of either restoring the line to rail service or upgrading infrastructure to meet Legislative criteria set forth in OAR 741-025-0040. (6) "Short line railroad" means a Class II or Class III railroad as defined in 49 C.F.R. 1201. Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011 Statutes/Other Implemented: ORS 367.066(2) & 367.067 History: RD 4-2004, f. & cert. ef. 5-20-04
741-025-0025 Application Submission Periods (1) The Department will announce periods for submitting applications for funding from the Short Line Credit Premium Account, as funding is available. (2) Project applications will be reviewed for compliance with the requirements in OAR 741-025-0040 and as prescribed in 741-025-0050. (3) Projects not funded may be resubmitted during application submission periods prescribed by the Board. Statutory/Other Authority: ORS 367.066 - 367.067 Statutes/Other Implemented: ORS 367.067(2) History: RD 4-2004, f. & cert. ef. 5-20-04
741-025-0030 Application Requirements Applications for infrastructure assistance from the Short Line Credit Premium Account shall be in a format prescribed by the Department and shall contain or be accompanied by such information as the Department may require. Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011 Statutes/Other Implemented: ORS 367.066(2) & 367.067 History: RD 4-2004, f. & cert. ef. 5-20-04
741-025-0040 Application Review and Approval (1) Upon receipt of an application the Department shall determine whether the proposed Project is eligible for Program Funds. Proposed Projects that meet the following criteria are eligible: (a) The applicant is a short line railroad; (b) The Project will not require or rely upon continuing subsidies from the Department; and (c) The applicant is current on all state and local taxes, fees and assessments. (2) If the Project is not eligible, the Department shall, within 30 days: (a) Reject the application; or (b) Require the applicant to submit additional information as may be necessary. Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011 Statutes/Other Implemented: ORS 367.066(2) & 367.067 History: RD 4-2004, f. & cert. ef. 5-20-04
741-025-0050 Project Funding Priorities (1) In evaluating eligible Projects to determine which shall receive infrastructure assistance, the Department shall consider: (a) The amount of funds available in the Short Line Credit Premium Account. (b) Whether the Project has a demonstrable public benefit. (c) Whether the Project leverages railroad and shipper contributions. (d) Whether the Project regains or creates jobs in economically distressed areas of the state. (2) In evaluating eligible Projects to determine which shall receive infrastructure assistance, the department shall give priority to eligible Projects that: (a) Enhance public safety; (b) Enhance the environment; (c) Appear creditworthy, providing financially secure sources of repayment to secure a federal credit instrument; (d) Promote rural economic development; (e) Reduce demand for expansion of highway capacity; (f) Enable Oregon companies to be more competitive in regional, national, and international markets; (g) Preserve or enhance rail or intermodal service to small communities or rail areas; and (h) Will be operated by a short line railroad with federal credit assistance under the RRIFP. Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011 Statutes/Other Implemented: ORS 367.066(2) & 367.067 History: RD 4-2004, f. & cert. ef. 5-20-04
741-025-0060 Grant Awards and Match (1) Grants shall cover 100% of any Credit Risk Premiums set forth in the granting of a federal RRIF loan. (2) No one Project shall receive more than 30% of the funds available to the Program outside of projects for RRIF financing. (3) Any railroad and/or shipper contributions can be cash, or a combination of cash and in-kind services. (4) Grants and loans will be awarded only when there are sufficient funds available to cover the costs of the loans and grants. Statutory/Other Authority: ORS 184.616, 184.619, 367.066, 367.067 & 823.011 Statutes/Other Implemented: ORS 367.066(2) & 367.067 History: RD 4-2004, f. & cert. ef. 5-20-04