justicedao/ipfs_state_laws huggingface dataset:
731-030-0100 Application Evaluation Procedures (1) Evaluation of an Application will include an examination to determine the extent to which an Applicant and the proposed Transportation Project meet the following criteria: (a) The Transportation Project complies with the local transportation plan and with state land use laws and satisfies all appropriate federal, state and local planning and programming requirements. (b) The Transportation Project meets all applicable design standards. (c) The requested Infrastructure Loan or Infrastructure Assistance will result in the Transportation Project being constructed on a shorter schedule than conventional funding would allow, or the Infrastructure Loan or Infrastructure Assistance will complete the required project financing and allow the Transportation Project to proceed to construction. (d) The Transportation Project will further the goal of safety in transportation. (e) The Transportation Project will help manage traffic growth and improve livability. (f) The Application identifies a revenue stream adequate to repay an Infrastructure Loan or meets the terms of any Infrastructure Assistance that is provided. (g) The Application identifies Collateral adequate to secure repayment of the Infrastructure Loan. (h) The Transportation Project will attract new or less conventional capital to Infrastructure funding. (i) The Infrastructure Loan, if any, has a term acceptable to the Department. (j) The Transportation Project will support the community’s economic development. (k) The Transportation Project will enhance the quality of life in the community. (2) Unless the Department finds that financial factors warrant otherwise, if the Applicant is a Private Entity: (a) The Applicant must provide adequate security; (b) An Infrastructure Loan or Infrastructure Assistance will be limited to fifty percent (50%) of the fair market value of the real property Collateral on which the Department has a first lien or twenty-five percent (25%) of the fair market value of the real property Collateral if the Department has a junior lien; (c) The Applicant must have made a profit after taxes for a minimum of two consecutive fiscal years immediately preceding the Application; (d) The Applicant must have had a positive cash flow from operating activities (earnings before interest and taxes plus depreciation less taxes) for a minimum of two of the last three fiscal years immediately preceding the Application; and (e) The Applicant must have a ratio of current assets to current liabilities of at least 1.75 to 1, a ratio of current assets less inventories to current liabilities of at least 1 to 1, and a ratio of total debt to owner’s equity of no more than 2 to 1 for a minimum of two of the last three fiscal years immediately preceding the Application. Statutory/Other Authority: ORS 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.010 - 367.060 & US Code, PL 104-59 & Sect. 350 History: DOT 9-2022, amend filed 09/22/2022, effective 09/22/2022 DOT 3-2012, f. & cert. ef. 6-27-12 DOT 7-2004, f. & cert. ef. 11-17-04 DOT 1-1997, f. & cert. ef. 1-17-97
731-030-0120 Project Agreements, Interest Rates and Charges (1) For an Application approved under OAR 731-030-0110, and for which a commitment letter has been accepted under OAR 731-030-0110(6)(a), the Department will make an Infrastructure Loan or provide Infrastructure Assistance from the Infrastructure Fund by entering into an Agreement with the Recipient. (2) An agreement for an Infrastructure Loan or Infrastructure Assistance will include the final determination of the amount and type of financing awarded, interest rate (if applicable), value and types of Collateral (if required), and schedule of payments. All Agreements must include the financed amount, any fees or charges, and any other provisions that the Department requires in its sole discretion. (3) The Department will consider the financial status of the Infrastructure Fund and may delay final award of funds to any Recipient until sufficient funds are available in the Infrastructure Fund. The Department may recommend other sources of funds for all or part of a proposed Transportation Project. (4) Eligible uses of moneys obtained from or through the assistance of the Infrastructure Fund include, but are not limited to, the cost of acquiring, designing, building and installing any Transportation Project. (5) A Recipient may request a modification or amendment to an executed Agreement. The request must be made in writing to the Department. The Recipient will be responsible for all costs related to any modification or amendment of the Agreement. Statutory/Other Authority: ORS 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.010 - 367.060 & US Code, PL 104-59 & Sect. 350 History: DOT 9-2022, amend filed 09/22/2022, effective 09/22/2022 DOT 3-2012, f. & cert. ef. 6-27-12 DOT 7-2004, f. & cert. ef. 11-17-04 DOT 1-1997, f. & cert. ef. 1-17-97
731-030-0130 Accounting, Reporting and Auditing Requirements (1) The Department will maintain an accounting system for the Infrastructure Fund that complies with generally accepted accounting principles and practices. (2) A Recipient must separately account for all moneys received from the Infrastructure Fund in project accounts in accordance with generally accepted accounting standards. The Department reserves the right to audit, monitor or otherwise review all project records. (3) The Department will compile an annual report on the OTIB and make it available to Recipients no later than 90 days after the end of the federal fiscal year. The report will identify that year’s Recipients, the amounts, terms and conditions of the Infrastructure Loans and Infrastructure Assistance awarded and project categories. (4) A Recipient must observe the requirements of state law, if applicable, for retaining and disposing of records. Statutory/Other Authority: ORS 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.010 - 367.060 & US Code, PL 104-59 & Sect. 350 History: DOT 9-2022, amend filed 09/22/2022, effective 09/22/2022 DOT 3-2012, f. & cert. ef. 6-27-12 DOT 7-2004, f. & cert. ef. 11-17-04 DOT 1-1997, f. & cert. ef. 1-17-97
731-030-0160 Protests (1) If the Chief Financial Officer denies an Application for an Infrastructure Loan or Infrastructure Assistance, the Applicant may protest the decision to the Director. The protest must be in writing and must be filed within 30 calendar days of notification of the denial. The Director will notify the Applicant of the Director’s decision within 30 days of the receipt of the protest. (2) If the Director affirms the denial of the Application, the Applicant may protest the Director’s decision to the Commission. The protest to the Commission must be in writing and must be filed within 30 calendar days of notification of the Director’s decision. The Commission will consider the protest at the earliest practical regular meeting of the Commission. The Applicant may appear before the Commission to present additional factual information in support of the Application. (3) A Commission decision to deny an Application as described in OAR 731-030-0110(5) will not be subject to further administrative review. Statutory/Other Authority: ORS 184.616, 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.010 - 367.060 & US Code, PL 104-59 & Sect. 350 History: DOT 3-2012, f. & cert. ef. 6-27-12 DOT 7-2004, f. & cert. ef. 11-17-04 DOT 1-1997, f. & cert. ef. 1-17-97
731-030-0170 Interagency and Intra-agency Loans (1) For purposes of OAR 731-030-0170, capitalized terms shall have the respective meanings given in ORS Chapter 367 and OAR 731-030-0030, unless the context clearly indicates otherwise. (2) An Agency may apply for an Infrastructure Loan or Infrastructure Assistance by following the same procedures as an Applicant and submitting an Application as set forth in 731-030-0090. The Department will evaluate the Agency’s Application in the same manner provided in OAR 731-030-0100 and 731-030-0110; as well as giving due consideration, to differences in funding sources and available Collateral. (3) A Department Borrower may request an Infrastructure Loan or Infrastructure Assistance by submitting an Application as described under OAR 731-030-0090. The Department will evaluate the Application in the same manner provided in OAR 731-030-0100 and 731-030-0110, giving due consideration to differences in funding sources and available Collateral. (4) For an Application approved under this OAR 731-030-0170, the Department will enter into an Agency Contract setting forth the amount of the Infrastructure Loan or Infrastructure Assistance and such additional terms and conditions as the Department considers necessary including, but not limited to: (a) For an Infrastructure Loan, the interest rate, installment payment amount and schedule, maturity date, and any revenues or other moneys pledged or dedicated to repayment of the Infrastructure Loan; and (b) For an Infrastructure Loan or Infrastructure Assistance, the allowable purposes on which the moneys provided may be spent and the remedies available to the Department in the event the moneys are misspent. (5) The Department may charge an Agency or Department Borrower for costs to review, process, and service an Application or the Infrastructure Loan or Infrastructure Assistance. Charges described under this section include, but are not limited to: (a) A loan fee of one percent of the amount of the Infrastructure Loan upon disbursement of Infrastructure Loan proceeds; (b) Charges for credit reports, expert advice, legal fees, construction inspections, disbursement fees, loan servicing fees, Uniform Commercial Code - 1 fees and appraisals; and (c) Any other charges specified in the Agreement executed by the Agency or Department Borrower and the Department. Statutory/Other Authority: ORS 184.619, 367.015 & 367.020 Statutes/Other Implemented: ORS 367.010-367.060 & US Code, PL 104-59 & Sect. 350 History: DOT 9-2022, amend filed 09/22/2022, effective 09/22/2022 DOT 3-2012, f. & cert. ef. 6-27-12
731-035-0010 Competitive Grant Application Purpose ORS 367.080 to 367.086 creates the Connect Oregon Fund, established for the purpose of financing grants to fund Transportation Projects that involve air, marine and rail modes. The purpose of OAR 731-035-0010 through OAR 731-035-0080 is to establish the grant selection and administration process for Competitive Grant Applications through the Connect Oregon Fund. Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 – 367.086, Ch. 816 OL 2005 & Ch. 750 OL 2017 History: DOT 2-2025, amend filed 05/08/2025, effective 05/08/2025 DOT 5-2024, temporary amend filed 12/04/2024, effective 12/04/2024 through 06/01/2025 DOT 2-2018, amend filed 03/20/2018, effective 03/20/2018 DOT 2-2017, temporary amend filed 09/27/2017, effective 10/06/2017 through 04/04/2018 DOT 3-2015, f. & cert. ef. 12-17-15 DOT 6-2013, f. & cert. ef. 12-20-13 DOT 5-2007, f. & cert. ef. 11-15-07 DOT 3-2006, f. & cert. ef. 1-24-06 DOT 8-2005(Temp), f. 11-17-05, cert. ef. 11-21-05 thru 5-19-06
731-035-0030 Competitive Grant Application Submission Periods (1) The Department will announce time periods for submitting applications for funding from the Connect Oregon Fund. Announcements for submitting applications shall denote if the Department is taking applications for the Competitive Grant Application or for the Federal Grant Match Application. (2) The Department will consider applications for grants for transportation projects only if the Department determines that $50 million or more will be available in the Connect Oregon Fund for the biennium in which the grants are provided. (a) The Department may use up to one percent of the amounts available within the Connect Oregon Fund to pay administrative costs incurred by the De partment in carrying out the provisions of ORS 367.080 to 367.089 (b) Each time there is a deposit into the Connect Oregon Fund, the department shall transfer seven percent of the moneys deposited into Connect Oregon Fund to the Multimodal Active Transportation Fund as administered by OAR Chapter 731, Division 36. (3) Project applications will be reviewed for compliance with the requirements in OAR 731-035-0040 and as prescribed in 731-035-0050. (4) Applications not funded may be resubmitted during subsequent application submission periods announced by the Department. Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 – 367.086, Ch. 816 OL 2005 & Ch. 750 OL 2017 History: DOT 2-2025, amend filed 05/08/2025, effective 05/08/2025 DOT 5-2024, temporary amend filed 12/04/2024, effective 12/04/2024 through 06/01/2025 DOT 1-2020, amend filed 01/24/2020, effective 01/24/2020 DOT 2-2018, amend filed 03/20/2018, effective 03/20/2018 DOT 2-2017, temporary amend filed 09/27/2017, effective 10/06/2017 through 04/04/2018 DOT 3-2015, f. & cert. ef. 12-17-15 DOT 3-2006, f. & cert. ef. 1-24-06 DOT 8-2005(Temp), f. 11-17-05, cert. ef. 11-21-05 thru 5-19-06
731-035-0040 Competitive Grant Application Requirements Applicants interested in receiving funds from the Connect Oregon 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, including the expected results from the proposed Project for each of the considerations as prescribed in 731-035-0060, documented desire for and support of the Project from the businesses and entities to be served by the Project, and documentation to validate the Project schedule and costs. Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 – 367.086, Ch. 816 OL 2005 & Ch. 750 OL 2017 History: DOT 2-2025, amend filed 05/08/2025, effective 05/08/2025 DOT 5-2024, temporary amend filed 12/04/2024, effective 12/04/2024 through 06/01/2025 DOT 2-2018, amend filed 03/20/2018, effective 03/20/2018 DOT 2-2017, temporary amend filed 09/27/2017, effective 10/06/2017 through 04/04/2018 DOT 3-2015, f. & cert. ef. 12-17-15 DOT 5-2011, f. & cert. ef. 12-22-11 DOT 2-2010, f. & cert. ef. 7-30-10 DOT 5-2007, f. & cert. ef. 11-15-07 DOT 3-2006, f. & cert. ef. 1-24-06 DOT 8-2005(Temp), f. 11-17-05, cert. ef. 11-21-05 thru 5-19-06
731-035-0110 Federal Grant Match Application Purpose ORS 367.080 to 367.086 creates the Connect Oregon Fund, established for the purpose of financing grants to fund Transportation Projects that involve air, marine and rail modes. The purpose of OAR 731-035-0110 through OAR 731-035-0180 rules is to establish the grant selection and administration process for Federal Grant Match Applications through the Connect Oregon Fund. Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 - 367.086, Ch. 750 OL 2017 & Ch. 816 OL 2005 History: DOT 2-2025, adopt filed 05/08/2025, effective 05/08/2025 DOT 5-2024, temporary adopt filed 12/04/2024, effective 12/04/2024 through 06/01/2025
731-035-0120 Definitions The terms as defined in OAR 731-035-0020 apply to OAR 731-035-0110 through OAR 731-035-0180 . Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 – 367.086, Ch. 750 OL 2017 & Ch. 816 OL 2005 History: DOT 2-2025, adopt filed 05/08/2025, effective 05/08/2025 DOT 5-2024, temporary adopt filed 12/04/2024, effective 12/04/2024 through 06/01/2025
731-035-0130 Federal Grant Match Application Submission Periods (1) The Department will announce time periods for submitting applications for funding from the Connect Oregon Fund. The announcements will state if the Department is taking applications for the Competitive Grant Application or for the Federal Grant Match Application . The Department will consider the anticipated date for federal Notices of Funding Opportunity in selecting the submission deadlines for Federal Grant Match Applications. (2) Each biennium the Department shall make available a portion of the Connect Oregon Fund for Federal Grant Match Applications that meet the eligibility requirements of these rules. (3) Project applications will be reviewed for compliance with the requirements in OAR 731-035- 0140 and as prescribed in 731-035- 0150 . (4) Applications not funded may be resubmitted during subsequent application submission periods announced by the Department. Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 – 367.086, Ch. 816 OL 2005 & Ch. 750 OL 2017 History: DOT 2-2025, adopt filed 05/08/2025, effective 05/08/2025 DOT 5-2024, temporary adopt filed 12/04/2024, effective 12/04/2024 through 06/01/2025
731-035-0140 Federal Grant Match Application Requirements Applicants interested in receiving funds from the Connect Oregon 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, including the expected results from the proposed Project for each of the considerations as prescribed in 731-035- 0160 , documented desire for and support of the Project from the businesses and entities to be served by the Project, and documentation to validate the Project schedule and costs. Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 - 367.086, Ch. 750 OL 2017 & Ch. 816 OL 2005 History: DOT 2-2025, adopt filed 05/08/2025, effective 05/08/2025 DOT 5-2024, temporary adopt filed 12/04/2024, effective 12/04/2024 through 06/01/2025
731-035-0150 Federal Grant Match Application Eligibility Review (1) The Department will review applications received to determine whether the application is complete and whether the Applicant and the Transportation Project are eligible for Program Funds. (2) Applicants that meet all of the following criteria are eligible: (a) The Applicant is a Public Body or Person within the state of Oregon. (b) The Applicant, if applicable, is current on all state and local taxes, fees and assessments. (c) The Applicant has sufficient management and financial capacity to complete the project including, without limitation, the ability to contribute 30 percent of the Recipient’s Total Project Cost for Applicants other than a Class I railroad, and 50 percent of the Recipient’s Total Project Cost for Class I railroads. (3) Projects that meet all of the following criteria are eligible: (a) The project is a Transportation Project. (b) The project will assist in developing a multimodal transportation system that supports state and local government efforts to attract new businesses to Oregon or that keeps and encourages expansion of existing businesses. (c) The project is eligible for funding with lottery bond proceeds under the Oregon Constitution and laws of the state of Oregon. (d) The project will not require or rely upon subsidies from the Department for ongoing operations. (e) The project is not a public road or other project that is eligible for funding from revenues described in section 3a, Article IX of the Oregon Constitution, i.e. the State Highway Trust Fund. (f) The project is feasible, including the estimated cost of the project, the expected results from the proposed project for each of the considerations as prescribed in 731-035-0160, the project schedule, and all applicable and required permits may be obtained within the project schedule. (g) T he Federal Grant Match Application identifies: (A) the federal grant that will be used to fund the Project and (B) an estimated date for when the Notice of Funding Opportunity for the federal grant will be announced. (4) If an Applicant or project is deemed to be ineligible for Program Funds, the Department will, within 15 calendar days of that determination: (a) Notify the Applicant that the application request is ineligible, and (b) Where the finding of ineligibility is the result of an incomplete application, specify the additional information the Applicant must provide to establish eligibility. Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 – 367.086, Ch. 723 OL 2013, Ch. 765 OL 2013, Ch. 786 OL 2013 & Ch. 816 OL 2005 History: DOT 2-2025, adopt filed 05/08/2025, effective 05/08/2025 DOT 5-2024, temporary adopt filed 12/04/2024, effective 12/04/2024 through 06/01/2025
731-035-0170 Federal Grant Match Application Awards and Match (1) Once the Commission decides to award funding for an eligible project under OAR 731-035- 0160, the amount of the grant award is considered allocated from Program Funds. (a)(A) If the federal agency that administers the federal grant applied for by the Recipient announces a Notice of Grant Award and the Approved Project is not selected, then the Commission’s grant award is rescinded without further act of the Commission and the amount of the Commission’s grant award is no longer allocated from Program Funds. (B) The Department shall notify the Recipient of this change in Approved Project status within 15 days of the announcement of the relevant federal grant project selection. (b) If an Agreement with a Recipient has not been executed within 365 days from a federal grant Notice of Grant Award for the Approved Project, the allocation is withdrawn, and those funds may be awarded by the Commission to other eligible projects in a manner consistent with this rule. (2) Grants will be awarded only when there are sufficient funds available in the Connect Oregon Fund to meet the grant obligation. (a) Grant awards may not exceed 70 percent of the total eligible Project costs or for Class I railroads, 50 percent of the total eligible Project costs. (b) Matching funds must be provided by the Recipient in the form of cash on hand, awarded federal grants for Federal Grant Match Applications , or through monetary outlay for eligible capital project costs that are reasonable, necessary and directly related to the project. Eligible costs may include costs to acquire, construct, or improve property (land, buildings, and fixed equipment) or to adapt the property to a new or different use consistent with the improvements described in the application. (A) Monetary outlays for subsection (b) above must have been made within 10 years of the application deadline for Connect Oregon grant fund submittals in order to qualify as eligible matching funds. Monetary outlays for land purchases occurring more than 10 years before the application submission deadline may be considered as matching funds only if the extension of time further serves the goals and objectives of the Program and is approved by the Director consistent with OAR 731-035-0080 (8). (B) The acquisition cost of land for a project may only be counted as 50% of the required project match. (C) Land acquisition costs for the same parcel or parcels of land may not be considered project match for more than one awarded Connect Oregon project. (D) All project match sources must be identified at the time of application is submitted. Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 – 367.086, Ch. 750 OL 2017 & Ch. 816 OL 2005 History: DOT 2-2025, adopt filed 05/08/2025, effective 05/08/2025 DOT 5-2024, temporary adopt filed 12/04/2024, effective 12/04/2024 through 06/01/2025
731-035-0180 Federal Grant Match Application Project Administration If the federal agency that administers the federal grant applied for by the Recipient announces a Notice of Grant Award and the Approved Project is selected upon notification the Department will administer all projects in accordance with OAR 731-035-0080 . Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005 Statutes/Other Implemented: ORS 367.080 – 367.086, Ch. 750 OL 2017 & Ch. 816 OL 2005 History: DOT 2-2025, adopt filed 05/08/2025, effective 05/08/2025 DOT 5-2024, temporary adopt filed 12/04/2024, effective 12/04/2024 through 06/01/2025