justicedao/ipfs_state_laws huggingface dataset:
741-025-0070 Project Administration (1) The Department and successful applicant shall execute a grant/loan contract prior to the disbursal of Program Funds. (2) Documentation of projected costs for the Project costs shall be submitted to the Department prior to the disbursal of Program Funds. (3) Disbursal of Program Funds for a grant will not exceed one disbursal per month and will be on a voucher basis. (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 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 the project is located. This lien shall be in form approved by the Department and remains in effect for a period of not less than 10 years from the disbursal of the first funds. 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
741-025-0080 Sanctions, Exceptions and Appeals (1) The Department may invoke sanctions against the applicants that fail to comply with the requirements governing the Program. The Department will notify the applicant in writing of deficiencies and give a reasonable amount of time for the applicant to respond to and correct the deficiencies before imposing sanctions. The following circumstances may warrant sanctions: (a) None of the Project activities have begun within six months after award. (b) State statutory requirements have not been met. (c) The Project substantially deviates from the contract. (d) The Department finds that significant corrective actions are necessary to protect the integrity of the Project funds, and those corrective actions are not, or will not be, made within a reasonable time. (2) One of more of the following sanctions may be imposed by the Department: (a) Revoke an existing award; (b) Withhold unexpended 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. 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, 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
741-030-0010 Purpose The purpose of division 30 rules is to implement the Short Line Railroad Rehabilitation Tax Credit program, as well as procedures, standards and criteria for its operation. Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597 Statutes/Other Implemented: ORS 315.591 - 315.603 History: RD 3-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020 RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020
741-030-0020 Definitions For the purposes of this division of administrative rules, the following terms shall have the following definitions, unless the context clearly indicates otherwise: (1) “Costs that are directly related to the work necessary to maintain, reconstruct or replace infrastructure” include costs for materials, labor, and equipment. It does not include fees or costs imposed by the Department for work relating to the preliminary or final certification process, or general maintenance of way costs. To be eligible, rehabilitation costs must be related to one or more specific projects that are described in the preliminary and final certification applications. (2) “Department” is as defined in ORS 184.610(2). (3) “Director” is as defined in ORS 184.610(3). (4) “Infrastructure” includes items listed in ORS 315.591( 1) and also includes signals, tunnels, structures , and other ancillary items adjacent to the main line track, sidings, or industrial leads. (5) "Main line track" means a segment of track used for the movement of trains between the initial and final terminals of a railroad. (6) “Person” is as defined in ORS 174.100(6). (7) “Program” means the Short Line Railroad Rehabilitation Tax Credit program as authorized by ORS 315.591 - 315.603 and implemented by Chapter 741, Division 30 of the administrative rules to administer the Short Line Rehabilitation Tax Credit. (8) “Short line railroad” is as defined in ORS 315.591(2) . (9) “Short line railroad rehabilitation project costs” is as defined in ORS 315.591(4). (10) “Short line railroad track” means an applicant’s main line track within the state of Oregon. Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597 Statutes/Other Implemented: ORS 315.591 - 315.603 History: RD 10-2025, amend filed 11/13/2025, effective 11/18/2025 RD 1-2024, amend filed 01/26/2024, effective 01/26/2024 RD 14-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 4-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020 RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020
741-030-0022 Forms The Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification, Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification Amendment, and the Short Line Railroad Rehabilitation Tax Credit Application for Final Certification forms may be accessed online at ODOT’s website (https://www.oregon.gov/ODOT/RPTD/Pages/Short-Line-Railroad-Rehabilitation-Tax-Credit.aspx ). Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597 Statutes/Other Implemented: ORS 315.591 - 315.603 History: RD 5-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020 RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020
741-030-0025 Preliminary Certification Application Submission Periods (1) For the year 2020, applicants may submit their application for preliminary certification for short line railroad rehabilitation tax credits, beginning on January 1 and ending on July 31. (2) For the year 2021, applicants may submit their application for preliminary certification beginning on January 1, 2021, and ending on February 28, 2021. (3) For subsequent years, applicants may submit their application annually for preliminary certification during a six-month period between August 1 and January 31. (4) For any biennium in which the Department determines that the $4 million tax credit limitation in ORS 315.603 will not be exceeded, the Director may reopen or extend the application period. (5) Each short line railroad may submit no more than one project application per year. Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597 Statutes/Other Implemented: ORS 315.591 - 315.603 History: RD 1-2024, amend filed 01/26/2024, effective 01/26/2024 RD 6-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020 RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020
741-030-0030 Preliminary Certification Applicant Eligibility (1) To be eligible for preliminary certification, the applicant must be a short line railroad. (2) The applicant must own or lease infrastructure located in Oregon. (3) The applicant's rehabilitation project costs must be directly related to the work necessary to maintain, reconstruct or replace infrastructure in Oregon and be described in the application with quantities, cost types (materials, labor and equipment), and with estimated costs. (4) The applicant cannot apply for a tax credit for rehabilitation project costs that are funded by or used to qualify for any state or federal grants, or costs that are used to qualify for a federal tax credit. (5) Regardless of whether the applicant applies for the federal tax credit under section 45G of the Internal Revenue Code, the amount applicant is eligible to qualify for under the federal tax credit shall be deducted from the applicant’s rehabilitation project costs before calculating the applicant’s Oregon tax credit. Example: Acme Railroad owns (or leases) 100 miles of mainline track in Oregon. One year, Acme spends $1,000,000 in railroad rehabilitation project costs. $3,500 x 100 miles / 0.40 = $875,000 (the portion of its project costs which would qualify Acme for its maximal federal tax credit of $350,000). $1,000,000 - $875,000 = $125,000 (the remainder which can be used in applying for the Oregon tax credit). In this example, Acme would be eligible for a $62,500 Oregon tax credit (50% of $125,000). Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597 Statutes/Other Implemented: ORS 315.591 - 315.603 History: RD 1-2024, amend filed 01/26/2024, effective 01/26/2024 RD 7-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020 RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020
741-030-0040 Preliminary Certification Application (1) Applicants requesting preliminary certification for a short line rehabilitation tax credit must submit their request during the application submission periods specified in OAR 741-030-0025. (2) Applicants requesting preliminary certification for a short line rehabilitation tax credit must apply on the Department-approved form (Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification). (3) The application must also include a certification, executed by an authorized representative of the short line railroad, that certifies that the applicant’s project meets the requirements for a short line railroad project set forth in ORS 315.591 - 315.603 and this division of administrative rules. The representative’s certification must be a sworn statement attesting to the truth of the certification and attesting to the following : (a) That the railroad is a short line railroad; (b) That the leased or owned infrastructure on which the rehabilitation tax credit would be based is located in Oregon; (c) The railroad mileposts that are adjacent to the leased or owned infrastructure; (d) That rehabilitation costs are not funded by or used to qualify for any state or federal grants, or used to claim a federal tax credit (Regardless of whether the applicant applies for the federal tax credit under section 45G of the Internal Revenue Code, the amount applicant is eligible to qualify for under the federal tax credit shall be deducted from the applicant’s rehabilitation project costs before calculating the applicant’s Oregon tax credit.) ; and (e) That the applicant is current on all state and local taxes, fees and assessments. Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597 Statutes/Other Implemented: ORS 315.591 - 315.603 History: RD 1-2024, amend filed 01/26/2024, effective 01/26/2024 RD 15-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 8-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020 RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020
741-030-0050 Preliminary Certification Review and Calculation of Potential Tax Credit (1) Project applications will be reviewed for compliance with the requirements of ORS 315.591 - 315.603 and the administrative rules of Chapter 741, Division 30. Upon receipt of an application for preliminary certification, the Department will determine whether the proposed project is eligible for a Short Line Railroad Rehabilitation Tax credit. (2) No later than 60 days after receipt of an application for preliminary certification, the Department will: (a) Issue a preliminary certification with the potential amount of the tax credit; or (b) Reject the application if the project is not eligible; or (c) Require the applicant to submit additional information as may be necessary. Applicants will have 15 business days from the Department’s notice requiring additional information to respond. (3) The department will use the procedure provided in ORS 315.595 to calculate the potential amount of the tax credit when issuing a preliminary certification. The department will use the tax credit allocation method provided in ORS 315.595 if the total amount of potential tax credits exceeds the total amount of potential tax credits allowed for any biennium. Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597 Statutes/Other Implemented: ORS 315.591 - 315.603 History: RD 1-2024, amend filed 01/26/2024, effective 01/26/2024 RD 16-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 9-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020 RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020
741-030-0065 Fees for Certification (1) When submitting an application for preliminary certification, applicants must include a payment of $250 to the Department. (2) When submitting an application for final certification, applicants shall include a payment not to exceed one half of one percent (0.5%) of the estimated tax credit. Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597 Statutes/Other Implemented: ORS 315.591 - 315.603 History: RD 12-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020 RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020
741-030-0070 Suspension or Revocation of Preliminary or Final Certification (1) The Director may order the suspension, revocation or forfeiture of a tax credit certification as provided by ORS 315.593(11). (2) For purposes of ORS 315.593(11), the taxpayer otherwise violates or has violated a condition or requirement for eligibility for the tax credit if: (a) The project does not comply with the provisions of ORS 315.591 - 315.603, the administrative rules of Chapter 741, Division 30, or any other applicable rules and standards; or (b) The applicant has previously received preliminary or final certification for the same costs. Statutory/Other Authority: ORS 184.619, 823.011, 315.593 & 315.597 Statutes/Other Implemented: ORS 315.591 - 315.603 History: RD 13-2021, minor correction filed 12/16/2021, effective 12/16/2021 RD 1-2020, adopt filed 05/28/2020, effective 05/28/2020 RD 1-2019, temporary adopt filed 12/17/2019, effective 01/01/2020 through 06/28/2020
741-040-0010 Definitions As used in OAR 741-040-0020 to 741-040-0060, the following definitions apply: (1) “At-Grade crossing” means a highway-rail grade crossing as defined in the Manual on Uniform Traffic Control Devices as adopted in OAR 734-020-0005. (2) “Division” means Oregon Department of Transportation, Rail Division. (3) “Light Rail Corridor” means Real Property within 100 feet of a rail that is for trolley, streetcar or automated guideway that is not regulated by the Federal Railroad Administration, but does not include such property that is within 100 feet of a Railroad Right of Way or within 500 feet of an At-Grade crossing. (4) “Political subdivision” as defined by ORS 271.005(3). (5) “Rail Corridor” means any Real Property within 100 feet of a Railroad Right of Way or within 500 feet of an At-Grade crossing. (6) “Railroad Right of Way” means Real Property on which rail operation has taken place and that remains subject to the jurisdiction of the federal Surface Transportation Board. (7) “Real Property” means all real property together with any and all improvements thereon and any interest therein. Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011 Statutes/Other Implemented: ORS 271.310 History: RD 1-2012, f. & cert. ef. 1-27-12
741-040-0020 Purpose To provide procedures to share advance notice of Real Property for sale, exchange or conveyance by political subdivisions with private providers of rail service. Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011 Statutes/Other Implemented: ORS 271.310 History: RD 1-2012, f. & cert. ef. 1-27-12
741-040-0030 Notification Required Unless an exception applies pursuant to OAR 741-040-0040, at least 30 days before listing or placing any Real Property for sale, exchange or conveyance, a Political subdivision shall notify the Rail Division Administrator of its intent to undertake such listing or placement if the Real Property is within: (1) 100 feet of a Railroad Right of Way; (2) 500 feet of an At-Grade crossing. Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011 Statutes/Other Implemented: ORS 271.310 History: RD 1-2012, f. & cert. ef. 1-27-12
741-040-0040 Exempt from Notification The requirement for notification does not apply: (1) To listing or placing any Real Property for sale, exchange or conveyance within a Light Rail Corridor; (2) If the proposed sale, exchange or conveyance of the real property is to a provider of rail service; or (3) To the proposed sale, exchange or conveyance of easements. Statutory/Other Authority: ORS 184.616, 184.619 & 271.310 Statutes/Other Implemented: ORS 271 History: RD 2-2013, f. & cert. ef. 12-20-13 RD 1-2012, f. & cert. ef. 1-27-12
741-040-0050 Form of Notification The Political subdivision will provide on forms approved by the Division the following information: (1) A detailed description of the Real Property to be sold, including its approximate size in square feet or acreage and its legal description; (2) A map showing the location of the Real Property in relation to the Railroad Right of Way and/or At-Grade crossing; (3) A completed notice using a form provided by the Division; and (4) Any other information the Division may request. Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011 Statutes/Other Implemented: ORS 271.310 History: RD 1-2012, f. & cert. ef. 1-27-12
741-040-0060 Submittal Process The Political subdivision shall submit notification and notification materials either electronically or in hard copy format. Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011 Statutes/Other Implemented: ORS 271.310 History: RD 1-2012, f. & cert. ef. 1-27-12
741-040-0070 Railroad Notification (1) Division shall solicit from each provider of rail service operating within the State first-class U.S. and electronic mail addresses to which Division shall send notifications required hereunder. (2) Division will notify any provider of rail service using the Railroad Right of Way within the area specified by ORS 271.310(3) of the Real Property being sold, exchanged or conveyed by at least one of the following methods: (a) Mailed notice; (b) Electronic mail notice. Statutory/Other Authority: ORS 184.616, 184.619 & Ch. 446 OL 2011 Statutes/Other Implemented: ORS 271.310 History: RD 1-2012, f. & cert. ef. 1-27-12
741-060-0010 Designating the Procedures and Standards of the State Safety Oversight Agency The Oregon Department of Transportation (ODOT) designates the Oregon State Safety Oversight Agency Program Standard as the procedures and standards for establishing and implementing the State Safety Oversight Program in accordance with 49 CFR 674 and ORS 824.045. The State Safety Oversight Program shall be conducted following the State Safety Oversight Agency Program Standard, OAR 741-060-0101, OAR 741-060-0102, OAR 741-060-0103, OAR 741-060-0105, and OAR 741-060-0107. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 11-2025, amend filed 12/11/2025, effective 01/01/2026 RD 1-2021, amend filed 07/19/2021, effective 07/19/2021 RD 1-2017, amend filed 09/27/2017, effective 09/27/2017 RD 1-2010, f. & cert. ef. 10-25-10 RD 1-2007, f. & cert. ef. 3-7-07 RD 2-2003, f. & cert. ef. 7-17-03 RS 1-1998, f. & cert. ef. 6-19-98
741-060-0101 Emergency Suspension of Service (1) The SSOA inspector may issue a Notice of Emergency Suspension of Service to an RTA’s Accountable Executive in the event the inspector becomes aware of a situation or condition that could result in serious injury or death. (2) In the event of a determination by the inspector that an emergency suspension of revenue service is necessary, the following protocols will be followed: (a) Before a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety of the Commerce and Compliance Division of ODOT, concerning the issuance of a Notice directing the RTA to cease revenue service on a particular transit vehicle or line. (b) The inspector will provide Notice, in the form of a written order, to the RTA’s Accountable Executive, and to other RTA staff as appropriate, ordering the RTA to cease revenue service on a particular transit vehicle or line, and identifying the reason(s) for the demand. (c) Upon receipt of the Notice, the RTA must immediately suspend its revenue service as directed by the Notice, begin to take steps to remediate the reason for the emergency suspension and inform the inspector of the actions taken to remediate the violation, deficiency, or safety issue. (d) Upon resolution of the violation, deficiency, or safety issue, the RTA shall provide written notice to the inspector indicating that the violation, deficiency, or safety issue has been resolved and the inspector shall verify the resolution to confirm the violation, deficiency, or safety issue has been adequately resolved. (e) Upon verification of the RTA’s remediation, the inspector will provide written approval authorizing the RTA to resume revenue service. In the alternative, if the inspector finds that the violation, deficiency, or safety issue has not been adequately resolved, the inspector will provide written notice to the RTA indicating that the matter has not been resolved, that the suspension will continue and that additional remediation by the RTA is required. (3) Any challenge to the notice and order of emergency suspension or appeal of SSOA’s determination that the violation, deficiency, or safety issue has not been resolved will be handled as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.411 to 183.471. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 1-2021, amend filed 07/19/2021, effective 07/19/2021 RD 1-2017, adopt filed 09/27/2017, effective 09/27/2017