justicedao/ipfs_state_laws huggingface dataset:
732-035-0010 Purpose Chapter 746, Oregon Laws 2007 created the Oregon Streetcar Project Fund, allowing for the issuance of lottery bonds for the purpose of financing grants through ODOT to municipalities to provide for the purchase of streetcars used in public transit systems. The purpose of division 35 rules is to establish the Oregon Streetcar Project Fund Program. Statutory/Other Authority: ORS 184.616, 184.619, Sec. 24 (2), Ch. 746 & OL 2007 Statutes/Other Implemented: ORS 184.670, 184.685, Ch. 746 & OL 2007 History: PTD 1-2008, f. & cert. ef. 4-24-08
732-035-0020 Definitions For the purposes of division 35 rules, the following terms have the following definitions, unless the context clearly indicates otherwise: (1) “Grant Agreement” means a legally binding contract between the Department and Recipient that contains the terms and conditions under which the Department is providing funds from the Oregon Streetcar Project Fund for an Approved Project. (2) “Applicant” means a municipality and operator of a rail fixed guideway system that applies for funds from the Oregon Streetcar Project Fund. (3) “Approved Project” means a Project that the Department has selected to receive funding through a grant from the Oregon Streetcar Project Fund. (4) “Commission” means the Oregon Transportation Commission. (5) “Department” means the Oregon Department of Transportation. (6) “Director” means the Director of the Oregon Department of Transportation. (7) “Municipality” as defined in ORS 285B.410b means an Oregon city or county, the Port of Portland created by 778.010, a county service district organized under ORS Chapter 451, a district as defined in ORS 198.010, a tribal council of a federally recognized Indian tribe in this state or an airport district organized under ORS Chapter 838. (8) “Oregon-based Manufacturer” means, for the purposes of the Oregon Streetcar Fund Program, an entity whose manufacturing facilities are physically located in Oregon, and which is organized or authorized to do business under Oregon law. (9) “Oregon-owned Manufacturer” means a sole proprietorship owned by an Oregon resident paying taxes in Oregon, or an entity 51 percent of which is owned by an Oregon resident or residents residing and paying taxes in Oregon. (10) “Oregon Streetcar Project Fund” is defined in Chapter 746, OL 2007 as a fund consisting of lottery bond proceeds deposited in the fund, interest earnings on the fund and any other moneys appropriated to the fund by the Legislative Assembly. (11) “Program” means the Oregon Streetcar Project Fund Program established by division 35 rules to administer the Oregon Streetcar Project Fund. (12) "Program Funds" means the money in the Oregon Streetcar Project Fund that may be used as grants for eligible projects. (13) “Project” means a proposal to purchase Oregon Manufactured Streetcars from an Oregon-based and Oregon-owned manufacturer, to be used as part of a public transit system. (14) "Recipient" means an Applicant that enters into a Grant Agreement with the Department to receive funds from the Oregon Streetcar Project Fund. (15) “Streetcar” means a transit vehicle designed for local transportation operated on a rail fixed guideway, powered by electricity usually received from an overhead electric wire. Statutory/Other Authority: ORS 184.616, 184.619, Sec. 24 (2), Ch. 746 & OL 2007 Statutes/Other Implemented: ORS 184.670, 184.685, Ch. 746 & OL 2007 History: PTD 1-2008, f. & cert. ef. 4-24-08
732-035-0030 Program Purpose and Requirements (1) Purpose. Sections 22 and 23, Chapter 746, OL 2007 establish the Oregon Streetcar Project Fund. The fund is to consist of lottery bond proceeds, interest on the Fund and any other money appropriated to the Fund from the legislature. The moneys are continuously appropriated to the Department for: (a) Grants to municipalities to provide streetcars for public transit systems. (b) ODOT costs to administer the grant program described in these rules. (2) Program Requirements (a) An Applicant must be a Municipality as defined in ORS 285B.410; (b) An Applicant must use the streetcars as part of a public transit system operated by the Applicant and available to the public; (c) Grant funds are to be used only for the purchase of newly constructed Streetcars from an Oregon-based and Oregon-owned Manufacturer; (d) Applicant must comply with any other provisions the Department determines necessary to manage the Oregon Streetcar Project Fund Program; (e) For each Project, the Director shall make a finding that the purchase of Streetcars as contemplated in the grant will result in the creation or maintenance of jobs with Oregon Manufacturers of Streetcars; (3) If the Director determines that there are no Oregon-based and Oregon-owned Manufacturers of Streetcars, the Director may decline to request the issuance of bonds, or may authorize Grant Agreements that include the purchase of Streetcars from out-of-state manufacturers. Statutory/Other Authority: ORS 184.616, 184.619, Sec. 24 (2), Ch. 746 & OL 2007 Statutes/Other Implemented: ORS 184.670, 184.685, Ch. 746 & OL 2007 History: PTD 1-2008, f. & cert. ef. 4-24-08
732-035-0040 Program Development The Department shall: (1) Study the effects of grants authorized under this program on the creation or maintenance of jobs in Oregon. (2) File semiannual reports with the Commission on the findings of the studies. (3) Adopt rules and develop policies and grant application procedures necessary to achieve the goals of the Program. Statutory/Other Authority: ORS 184.616, 184.619, Sec. 24 (2), Ch. 746 & OL 2007 Statutes/Other Implemented: ORS 184.670, 184.685, Ch. 746 & OL 2007 History: PTD 1-2008, f. & cert. ef. 4-24-08
732-035-0050 Submitting Applications (1) Submission Periods. The Department will announce periods for submitting applications for funding from the Oregon Streetcar Project Fund. (2) Application Requirements. Applicants interested in receiving funds from the Oregon Streetcar Project Fund must submit a written application to the Department. The application must be in a format prescribed by the Department and contain or be accompanied by such information as the Department may require. (3) Applications not funded may be resubmitted during subsequent application submission periods announced by the Department. Statutory/Other Authority: ORS 184.616, 184.619, Sec. 24 (2), Ch. 746 & OL 2007 Statutes/Other Implemented: ORS 184.670, 184.685, Ch. 746 & OL 2007 History: PTD 1-2008, f. & cert. ef. 4-24-08
732-035-0060 Application Review (1) Project applications will be reviewed for compliance with the requirements in OAR 731-035-0030 and 732-035-0060. (2) The Department will review applications received to determine whether the Applicant and the Project are eligible for Program Funds. (3) Applicants that meet all of the following criteria are eligible: (a) The Applicant is a Municipality within the state of Oregon. (b) The Applicant operates a public transit system that includes Streetcars that are available to the public. (c) The Applicant has sufficient management and financial capacity to complete the Project. (d) Whether the Applicant is in compliance with State Safety Oversight requirements and plans. Streetcar operators must be compliant with 49CFR Part 659 and OAR 741-060-0010 through 741-060-0110. (4) Projects that meet the following requirements are eligible: (a) Projects that propose to purchase newly constructed Streetcars from an Oregon-based and Oregon-owned Manufacturer. (b) If the director determines that there are no Oregon-based and Oregon-owned Manufacturers of Streetcars, then Projects that include the purchase of Streetcars from out-of-state manufacturers may be determined eligible at the Director’s sole discretion. (5) If an Applicant or Project is not eligible for Program Funds, the Department shall: (a) Specify the additional information the Applicant must provide to establish eligibility; or (b) Notify the Applicant that the application is ineligible. Statutory/Other Authority: ORS 184.616, 184.619, Sec. 24(2), Ch. 746 & OL 2007 Statutes/Other Implemented: ORS 184.670, 184.685, Ch. 746 & OL 2007 History: PTD 1-2008, f. & cert. ef. 4-24-08
732-035-0070 Project Selection (1) The Department will select Projects to be funded through a grant with moneys from the Oregon Streetcar Project Fund. (2) In addition to the criteria in 732-035-0060, the Department will consider the following in its determination of eligible Projects to approve for receipt of funds from the Oregon Streetcar Project Fund: (a) Whether the purchase of Streetcars as contemplated in the project will result in the creation or maintenance of jobs with Oregon-based and Oregon-owned Manufacturers of Streetcars. (b) Whether the proposed Streetcars are accessible. Facilities and vehicles used in the provision of public transportation services must be in compliance with 42 U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint Architectural and Transportation Barriers Compliance Board (ATBCB)/DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Statutory/Other Authority: ORS 184.616, 184.619, Sec. 24(2), Ch. 746 & OL 2007 Statutes/Other Implemented: ORS 184.670, 184.685, Ch. 746 & OL 2007 History: PTD 1-2008, f. & cert. ef. 4-24-08
732-040-0000 Purpose of Rules The rules in Chapter 732, Divisions 40, 42, and 44 establish the procedures and requirements for the administration of the Statewide Transportation Improvement Fund (STIF) to improve public transportation service in Oregon. Statutory/Other Authority: ORS 184.758, ORS 184.619 & ORS 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-040-0010 Purpose and Use of STIF (1) Moneys in the STIF are continuously appropriated to the Agency to finance investments and improvements in public transportation services, except that the moneys may not be used for light rail capital expenses, but may be used for light rail operations expenses. Moneys may be used to support Client-Only Projects where those projects are included in a planned and coordinated community transportation program. (2) STIF moneys may be used for public transportation purposes that support the effective planning, deployment, operation, and administration of STIF-funded public transportation programs, including, but not limited to: (a) Creation of new systems and services with origins, destinations or stops in Oregon; (b) Maintenance or continuation of systems and services; and (c) Planning for and development of a Local Plan or future STIF Plan to improve Public Transportation Service. (3) STIF moneys may be used as the local match for state and federal funds which also provide Public Transportation Service. (4) The Agency shall conduct activities necessary to manage the STIF funds and grants, including but not limited to: development of policy; distribution of funds; developing and implementing application and review processes and agreement and protest procedures; conducting program oversight, statewide planning, research, training, and technical assistance; and reporting to the legislature. (5) On or before December 31 of odd numbered years, the Commission shall submit a report in the manner provided by ORS 192.245 to the Joint Committee on Transportation established under ORS 171.585(1) on the implementation and outcomes of the STIF. The Agency shall prepare reports for the purposes of: (a) Ensuring that STIF moneys are being used for the purpose of funding and improving Public Transportation Services in Oregon consistent with law, these rules, and the terms of agreements; (b) Measuring the outcomes of the STIF; and (c) Reporting to the Oregon State Legislature. 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 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
732-040-0015 Audit and Compliance Review Requirements (1) Recipients shall conduct an annual financial audit of the STIF moneys received using the document entitled “Agreed Upon Procedures” made available by the Agency on the Public Transportation Division Website. A Recipient that is a Qualified Entity shall ensure any Sub-Recipient conducts an annual financial audit of STIF moneys received using the Agreed Upon Procedures. (2) Recipients shall submit the report of the annual financial audit of STIF moneys received to the Agency within 30 calendar days after the auditee receives of the auditor’s final report(s) or nine months after the end of the Recipient’s audit period, whichever is earlier. (3) Recipients shall be subject to periodic on-site compliance reviews by the Agency. The purpose of the compliance site review is to ensure that Recipients have appropriate, adequate internal controls and management procedures to meet the terms and conditions of agreements governing the disbursement of STIF moneys. Compliance reviews may cover the following topics, as applicable: program management; financial management; operations management, procurement, use and maintenance of equipment; records retention; compliance with state and federal civil rights laws; compliance with FTA drug and alcohol regulations; and compliance with the ADA. (4) Recipients shall permit the 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 or disbursed and to inspect the STIF Plans and Projects financed with STIF moneys including, but not limited to, the financial records, physical premises and Capital Assets used to deliver public transportation services. (5) Recipients shall ensure that their agreements or contracts with Sub-Recipients or contractors, as identified by the Recipient pursuant to OAR 732-042-0055, include provisions which permit the Agency, the Secretary of State of Oregon, or their authorized representative, access to data and records held by the Sub-Recipient or contractor as described in section (4) of this rule. 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 1-2025, temporary amend filed 05/12/2025, effective 07/01/2025 through 12/27/2025 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 5-2020, amend filed 09/23/2020, effective 09/23/2020 PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018
732-040-0020 Accounting Requirements (1) The Agency shall account separately for moneys in the STIF Formula Fund, Discretionary Fund, and Intercommunity Discretionary Fund. (2) Recipients shall manage STIF moneys in separate governmental accounts for each of the applicable STIF funds: STIF Formula Fund, STIF Discretionary Fund, and STIF Intercommunity Discretionary Fund. Any interest accrued must be added to the moneys and must be reported to the Agency 60 days after the end of the Fiscal Year in which it was earned. (3) Recipients shall document the expenditure of all STIF funds disbursed by the Agency. Recipients shall create and maintain all expenditure records in accordance with generally accepted accounting principles and in sufficient detail to permit the Agency to verify how the STIF funds were expended. (4) Record Retention: (a) Recipients shall maintain all financial records for at least three years after the Agency’s final disbursement under the STIF Plan or grant agreement; and (b) Recipients shall maintain all records relating to Capital Assets for three years after disposition. 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 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
732-040-0025 Qualified Entity Reporting Requirements In addition to any other reporting required by these rules, Qualified Entities that receive STIF moneys, or Sub-Recipients as relevant to section (3) of this rule , shall submit the following documentation to the Agency: (1) A report on any actions taken by any Public Transportation Service Provider located within the area of the Qualified Entity to mitigate the impact of the STIF tax on passengers who reside in low-income communities. The report must explain how it defines and identifies passengers in low-income communities. This report must be submitted no later than 60 days after the end of each Fiscal Year in which the Qualified Entity receives STIF moneys. (2) The Qualified Entity’s adopted annual budget for the upcoming Fiscal Year must be submitted no later than 30 days after adoption. (3) The results of any relevant financial audits of the Qualified Entity or any Sub-Recipient located within the area of the Qualified Entity, as required by a local, state or federal oversight agency for the purposes of statewide reporting including, but not limited to: (a) The state financial report required under ORS 291.040; (b) The results of any comprehensive review completed by the Federal Transit Administration or the Agency; and (c) Any information submitted by the Qualified Entity as part of the requirements of a statewide audit in accordance with the federal Single Audit Act of 1984 (31 U.S.C. 7501 to 7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104-156). (4) Results of audits described in section (3) of this rule must be submitted to the Agency no later than 30 days after receipt of the final results. A copy of information submitted under section (3)(c) of this rule must be sent to the Agency no later than 30 days after submittal to the requesting agency. (5) The Agency may withhold future distributions of STIF moneys from a Qualified Entity which fails to submit an annual report required under rule. (6) A Qualified Entity may appeal the Agency’s decision to withhold STIF Formula Fund moneys as described in OAR 732-040-0050. 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
732-040-0040 Qualified Entity Management and Joint Management of STIF Funds (1) Two or more Qualified Entities may jointly manage the STIF moneys disbursed to them. The Qualified Entities shall enter into a written agreement pursuant to ORS chapter 190. (2) When two or more Qualified Entities jointly manage their STIF Formula Fund moneys, they shall designate their respective roles and responsibilities in the written agreement and shall send a copy of the executed agreement to the Agency within 30 days of execution. (3) Qualified Entities intending to jointly manager STIF moneys under this rule may, but are not required to, establish a joint Advisory Committee as described in OAR 732-040-0030(2). 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
732-040-0050 Appeal Procedures (1) Appeals are allowed only in the following instances: (a) A Qualified Entity may appeal the Commission’s rejection of its STIF Plan. (b) A Qualified Entity may appeal the Agency’s decision to withhold STIF Formula Fund moneys. (c) A Qualified Entity may appeal the Agency’s decision to take action with respect to a Capital Asset as described in OAR 732-042-0040(10). (2) Appeals must be filed in writing within 15 days of the date the notice of appealable action was emailed by the Agency. A Qualified Entity that fails to file timely shall be deemed to have waived its appeal rights. Appeals must be addressed to the Commission and a copy must be sent to the Agency’s Division Administrator. (3) Appeals must identify the appellant, the appellant’s designated contact person, and the decision under appeal. In addition, appeals must include the following information: (a) For appeal of a Commission decision, the requested remedy and any arguments why the decision should be reconsidered. (b) For appeal of an Agency decision, the requested remedy, any arguments pertaining to the appeal and any other material the appellant considers relevant to the appeal. (4) Upon review or reconsideration, the Commission may make a decision to grant the requested remedy, deny the appeal, or, in the case of Agency decisions under appeal, remand the decision to the Agency with instructions to reconsider. (5) The Commission shall review the appeal and make its decision within 90 days of receipt. 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
732-042-0000 Purpose These rules establish procedures and requirements necessary for the administration of the Statewide Transportation Improvement Fund (STIF) Formula Fund, pursuant to ORS 184.758(1)(a). The STIF Formula Fund is intended to improve public transportation services for current and potential future Oregon transit users by distributing moneys to Qualified Entities. 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
732-042-0005 STIF Formula Fund Cycle (1) The STIF Formula Fund cycle will be structured around a Biennium, with key dates and exceptions identified in these rules. (2) After the first disbursement of STIF moneys following the enactment of Oregon Laws 2017, chapter 750, the Agency shall make disbursements quarterly beginning at the beginning of the first quarter of each Biennium, subject to the provisions of OAR 732-042-0010. (3) No later than December 31 of each year, the Agency shall provide written notice to each Qualified Entity of the estimated allocation of STIF Formula Fund moneys for which it is eligible in the coming calendar year. (4) As determined by the Agency, but at least four months prior to the beginning of a Biennium, Qualified Entities shall submit their STIF Plans to the Agency. (5) Qualified Entities may prepare their STIF Plans for a period of one or two Biennia. The Commission may approve a STIF Plan for one or two Biennia. (6) The Commission shall decide to accept or reject STIF Plans no later than July 1 of the coming Biennium. (7) The Agency shall email notice of the Commission’s decision to affected Qualified Entities within seven days of the issuance of the Commission’s decision. A Qualified Entity may appeal a rejection of its STIF Plan as described in OAR 732-040-0050. (8) During the first STIF Formula Fund Cycle after the enactment of Oregon Laws 2017, chapter 750, a Qualified Entity may submit its STIF Plan either three months or nine months after the effective date of OAR Chapter 732, Division 042. A Qualified Entity that submits a STIF Plan under this section shall submit a STIF Plan for a period that ends at the end of the 2019-2021 Biennium. The Commission shall decide to accept or reject a STIF Plan submitted under this section no later than four months after it is received by the Agency, following the approval procedures described in OAR 732-042-0025. Statutory/Other Authority: ORS 184.619, 184.658 & 184.761 Statutes/Other Implemented: ORS 184.751-184.766 History: PTD 3-2024, amend filed 10/10/2024, effective 10/10/2024 PTD 1-2018, adopt filed 06/26/2018, effective 07/01/2018