2023 Oregon Revised Statutes › Volume : 08 - Revenue and Taxation › Chapter 319 - Motor Vehicle and Aircraft Fuel Taxes › Section 319.023 - Distribution of certain aircraft fuel tax moneys; applications; reports; rules.

(1) The following amounts shall be distributed in the manner prescribed in this section:
(a) Any amount of tax on aircraft fuel usable in aircraft operated by turbine engines that is computed on a basis in excess of one cent per gallon and any amount of tax on all other aircraft fuel that is computed on a basis in excess of nine cents per gallon, under ORS 319.020 (2); and
(b) Any amount of tax on aircraft fuel usable in aircraft operated by turbine engines in excess of one cent per gallon and any amount of tax on all other aircraft fuel in excess of nine cents per gallon, that is deducted before the refunding of tax under ORS 319.330 (1).
(2)(a) Applications for distributions under subsection (5) of this section may not be approved unless the applicant demonstrates a commitment to contribute at least five percent of the costs of the project to which the application relates. The Oregon Department of Aviation shall adopt rules for purposes of this paragraph.
(b) The department may adopt rules that:
(A) Set higher minimum contribution commitment requirements; or
(B) Establish maximum grant amounts.
(3)(a) The State Aviation Board shall establish a review committee composed of one member from each of the area commissions on transportation chartered by the Oregon Transportation Commission.
(b) The review committee shall meet as necessary to review applications for distributions of amounts pursuant to this section. In reviewing applications, the review committee shall consider:
(A) Whether a proposed project:
(i) Reduces transportation costs for Oregon businesses or improves access to jobs and sources of labor in this state;
(ii) Results in an economic benefit to this state;
(iii) Connects elements of Oregon’s aviation system in a way that will measurably improve utilization and efficiency of the system;
(iv) Is ready for construction or implementation; and
(v) Has a useful life expectancy that offers maximum benefit to this state; and
(B) How much of the cost of the proposed project can be borne by the applicant from sources other than Oregon Department of Aviation funds or the Connect Oregon Fund.
(c) The review committee shall recommend applications to the State Aviation Board for approval.
(4)(a) Five percent of the amounts described in subsection (1) of this section are appropriated to the Oregon Department of Aviation for the costs of the department and the State Aviation Board in administering this section.
(b) The remaining 95 percent of the amounts described in subsection (1) of this section shall be distributed pursuant to subsections (5) and (6) of this section.
(5)(a) Seventy-five percent of the amounts described in subsection (4)(b) of this section shall be distributed for the following purposes:
(A) To assist airports in Oregon with match requirements for Federal Aviation Administration Airport Improvement Program grants.
(B) To make grants for emergency preparedness and infrastructure projects, in accordance with the Oregon Resilience Plan or the Oregon Aviation Plan.
(C) To make grants for:
(i) Services critical or essential to aviation, including, but not limited to, fuel, sewer, water and weather equipment;
(ii) Aviation-related business development, including, but not limited to, hangars, parking for business aircraft and related facilities; or
(iii) Airport development for local economic benefit, including, but not limited to, signs and marketing.
(D)(i) To assist commercial air service to rural Oregon.
(ii) The Oregon Department of Aviation may adopt a definition of "rural Oregon" for purposes of this subparagraph.
(b) The State Aviation Board may establish by rule priorities for the distributions made pursuant to this subsection.
(6) Twenty-five percent of the amounts described in subsection (4)(b) of this section shall be distributed to state-owned airports for the purposes of:
(a) Safety improvements recommended by the State Aviation Board and local community airports.
(b) Infrastructure projects at public use airports.
(7)(a) Not later than September 15 of each year, the State Aviation Board shall submit the reports described in paragraph (b) of this subsection, in the manner provided in ORS 192.245, to the interim committees, as applicable, of the Legislative Assembly related to air transportation.
(b) The reports required under this subsection shall describe in detail the projects for which applications have been submitted and approved, the airports affected, the names of the applicants and the persons who will perform the work proposed in the applications, the progress of projects for which applications have been approved and any other information the board considers necessary for a comprehensive analysis of the implementation of this section. [2015 c.700 §7; 2017 c.750 §80a; 2019 c.485 §1; 2019 c.491 §26; 2021 c.526 §4]
Note:
319.023 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 319 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.