reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0020 - Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon Revised Statutes (ORS)
				367.010 to
				367.060 provide authority for
				the Department to operate the Oregon Transportation Infrastructure
				Fund.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.015 &
				  367.020
Stats. Implemented: ORS
				  367.010 -
				  367.060 & US Code,
				  PL
				  104-59, Sect. 350
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0040 - Purpose of the Oregon Transportation Infrastructure Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 the Oregon Transportation Infrastructure Fund is to fund transportation
			 solutions, leverage additional funds into Infrastructure, and encourage
			 innovative financing techniques in order to further Oregon's livability and
			 economic competitiveness. In accomplishing this purpose, all Transportation
			 Projects funded by the Oregon Transportation Infrastructure Fund will be
			 required to satisfy all appropriate federal, state and local planning and
			 programming requirements.
(2) To
			 achieve the objectives of the Oregon Transportation Infrastructure Fund, the
			 Department has established the Oregon Transportation Infrastructure
			 Bank.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.015 &
				  367.020
Stats. Implemented: ORS
				  367.010 -
				  367.060 & US Code,
				  PL
				  104-59, Sect. 350
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0050 - Administration of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority for administration of the OTIB and the OTIF may be delegated to the
			 OTIF Manager by the Director.
(2)
			 The Department may expend funds from the Infrastructure Fund for the purposes
			 set forth in ORS
			 367.015.
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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0090 - Application Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 Applicant may submit an Application for an Infrastructure Loan or
			 Infrastructure Assistance at any time, subject to deadlines, if any,
			 established by the Department.
(2)
			 An Application must be submitted in the manner and form approved by the
			 Department. In addition to the information required by the Application, the
			 Applicant may be required to provide such additional information and supporting
			 documentation concerning the Applicant and the proposed Transportation Project
			 as the Department deems necessary or appropriate in order to enable the
			 Application to be properly evaluated.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.015 &
				  367.020
Stats. Implemented: ORS
				  367.010 -
				  367.060 & US Code,
				  PL
				  104-59, Sect. 350
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0100 - Application Evaluation Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0110 - Approval Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will evaluate the application for conformity with all applicable
			 laws, rules, and regulations; as well as the established criteria under OAR
			 731-030-0100(1), and appropriate technical, engineering, and planning criteria.
			 While an Application is pending or under review, the Department may require the
			 Applicant to provide additional information with respect to, or clarification
			 of, any matter pertaining to the Application, the Applicant, the proposed
			 Transportation Project, or the financing thereof as the Department determines
			 in its sole discretion to be reasonably necessary or appropriate.
(2) To either approve an Application under
			 Section 3(a) of this Rule or recommend approval of an Application to the
			 Commission under Section 3(b) of this Rule, the Department must find all of the
			 following:
(a) The Applicant and the
			 Transportation Project qualify for assistance from the Infrastructure Fund
			 according to the criteria established under OAR 731-030-0100(1).
(b) The proposed Transportation Project is
			 feasible and a reasonable risk from practical and economic standpoints, and the
			 proposed Infrastructure Loan has a reasonable prospect of repayment according
			 to its terms.
(c) The Applicant's
			 financial resources and management capability appear to be adequate to assure
			 the successful completion and operation of the Transportation
			 Project.
(d) As reflected by the
			 Applicant's credit history and capacity to repay the Infrastructure Loan, the
			 Applicant is creditworthy.
(e) The
			 Applicant can provide good and sufficient Collateral when necessary to mitigate
			 risk to the Infrastructure Fund.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0120 - Project Agreements, Interest Rates and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0130 - Accounting, Reporting and Auditing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0150

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.015 &
				  367.020
Stats. Implemented: ORS
				  367.010 -
				  367.060 & US Code,
				  PL
				  104-59, Sect. 350
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0160 - Protests

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.015 &
				  367.020
Stats. Implemented: ORS
				  367.010 -
				  367.060 & US Code,
				  PL
				  104-59, Sect. 350
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 30 - OREGON TRANSPORTATION INFRASTRUCTURE FUND › Section 731-030-0170 - Interagency and Intra-agency Loans

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 35 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS UNDER THE CONNECT OREGON FUND PROGRAM › Section 731-035-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
ORS
				367.080 to
				367.086 creates the Connect Oregon Fund, allowing for the issuance of lottery bonds for
				the purpose of financing grants to fund Transportation Projects that involve
				air, marine, rail, public transit, or bicycle and pedestrian modes. The purpose
				of division 35 rules is to establish the Connect Oregon Fund
				Program.
Statutory/Other Authority: ORS
				  184.616,
				  184.619,
				  367.082  & Ch. 816 OL 2005
Statutes/Other Implemented: ORS
				  367.080  - 367.086, Ch. 816 OL 2005 & Ch. 750 OL
				  2017
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 35 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS UNDER THE CONNECT OREGON FUND PROGRAM › Section 731-035-0030 - Application Submission Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department will announce time periods
			 for submitting applications for funding from the Connect Oregon Fund.
(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 Department 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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 35 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS UNDER THE CONNECT OREGON FUND PROGRAM › Section 731-035-0040 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Applicants interested in receiving funds from the
				ConnectOregonFund 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
				  184.616,
				  184.619,
				  367.082  & Ch. 816 OL 2005
Statutes/Other Implemented: ORS
				  367.080  - 367.086, Ch. 816 OL 2005 & Ch. 750 OL
				  2017
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 35 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS UNDER THE CONNECT OREGON FUND PROGRAM › Section 731-035-0050 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 35 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS UNDER THE CONNECT OREGON FUND PROGRAM › Section 731-035-0060 - Project Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission will approve projects to be funded through a grant Agreement with
			 moneys in the Connect Oregon Fund.
(2) To the extent that proposed Projects meet
			 the qualifications established in OAR 731-035-0050  and 731-035-0060, the
			 Commission may consider the distribution of funds among the five ODOT regions.
			 The regions consist of the following counties:
(a) Region one consists of Clackamas, Hood
			 River, Multnomah and Washington Counties;
(b) Region two consists of Benton, Clatsop,
			 Columbia, Lane, Lincoln, Linn, Marion, Polk, Tillamook and Yamhill
			 Counties;
(c) Region three consists
			 of Coos, Curry, Douglas, Jackson and Josephine Counties;
(d) Region four consists of Crook, Deschutes,
			 Gilliam, Jefferson, Klamath, Lake, Sherman, Wasco and Wheeler Counties;
			 and
(e) Region five consists of
			 Baker, Grant, Harney, Malheur, Morrow, Umatilla, Union and Wallowa
			 Counties.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 35 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS UNDER THE CONNECT OREGON FUND PROGRAM › Section 731-035-0065 - Dedicated Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Dedicated Projects and the maximum funds to be distributed to those Dedicated
			 Projects are:
(a) Mid-Willamette Valley
			 Intermodal Facility, $25 million;
(b) Treasure Valley Intermodal Facility, $26
			 million;
(c) Rail expansion in East
			 Beach Industrial Park at the Port of Morrow, $6.55 million;
(d) Extend rail siding along the Amtrak
			 Cascade line in Oregon south of the City of Portland, $2.6 million.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 35 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS UNDER THE CONNECT OREGON FUND PROGRAM › Section 731-035-0070 - Grant Awards and Match

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Once the Commission makes a decision to award funding for an eligible project
			 under 731-035-0060  the amount of the grant award is considered allocated from
			 Program Funds. If an Agreement with a Recipient has not been executed within
			 180 days from the Commission's decision to award funding for an eligible
			 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
			 grant recipient in the form of cash on hand, 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. All match sources must be
			 secured in accordance with the timelines identified in OAR 731-035-0060(8)(e)
 
			 except for match sources from Federal Aviation Administration grants. Federal
			 Aviation Administrative grants that are used as a match for an eligible project
			 must be awarded within one year of the Commission decision to award funds to
			 eligible projects.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 35 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS UNDER THE CONNECT OREGON FUND PROGRAM › Section 731-035-0080 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department will administer all projects.
(2) The Department and a grant recipient of
			 an Approved Project will execute an Agreement prior to the disbursal of Program
			 Funds for an Approved Project. The Agreement is effective on the date all
			 required signatures are obtained or at such later date as specified in the
			 Agreement.
(3) The Agreement will
			 contain provisions and requirements, including but not limited to:
(a) Project costs incurred on or after the
			 effective date of the Agreement are eligible for grant funds. Project costs
			 incurred prior to the effective date of the Agreement are not eligible for
			 grant funds.
(b) Disbursal of
			 Program Funds for grants will be paid on a reimbursement basis and will not
			 exceed one disbursal per month.
(c)
			 Five percent (5%) of funds awarded from the Connect Oregon Fund will be
			 withheld from each reimbursement request and shall be released to Recipient as
			 the following conditions are met:
(A) Eighty
			 percent (80%) of the withheld funds shall be released to Recipient upon Final
			 Project Acceptance by the Department.
(B) Twenty percent (20%) of the withheld
			 funds shall be released to Recipient upon Department approval of a report
			 submitted by Recipient that, at a minimum, describes project performance
			 measures and jobs retained or created as a result of the project within 18
			 months of Final Project Acceptance by the Department.
(d) Upon request, a Recipient 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.
(e)
			 Recipients must separately account for all moneys received from the Connect
			 Oregon Fund in project accounts in accordance with Generally Accepted
			 Accounting Principles.
(f) Any
			 Program Funds disbursed but not used for an Approved Project, including
			 eligible project costs, must be returned to the Department.
(g) Amendments to Agreements are required to
			 change an Approved Project's cost, scope, objectives or timeframe.
(h) Recipients must covenant, represent and
			 agree to use project funds in a manner that will not adversely affect the
			 tax-exempt status of any bonds issued under the Program.
(i) Recipients, if applicable, must covenant,
			 represent and agree to remain current on all state and local taxes, fees and
			 assessments for the useful life of the project as prescribed in the
			 Agreement.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0010 - Purpose of the Rules

Current through Register Vol. 63, No. 7, July 1, 2024
ORS
				367.081 establishes the Multimodal Active Transportation Fund for the purpose of
				providing grants for bicycle and pedestrian transportation projects. The
				purpose of the rules in Division 36 is to establish the criteria used in
				awarding grants from the Multimodal Active Transportation Fund.
Statutory/Other Authority: ORS
				  184.619
Statutes/Other Implemented: ORS
				  367.081
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0020 - Definitions and Acronyms

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of Division 36 rules, the following terms have
				the following definitions, unless the context clearly indicates
				otherwise:
(1) "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
			 Multimodal Active Transportation Fund for an Approved Project.
(2) "Applicant" means a Public Body or
			 Private Entity that applies for funds from the Multimodal Active Transportation
			 Fund.
(3) "Approved Project" means
			 a project that the Commission has selected to receive funding through a grant
			 from the Multimodal Active Transportation Fund.
(4) "Bicycle" has the meaning given a bicycle
			 as defined in ORS
			 801.150 or
			 an electric assisted bicycle as defined in ORS
			 801.258.
(5) "Bicycle path" means a way that is open
			 to the public and designated for use by persons bicycling, including, but not
			 limited to, bicycle paths as defined in ORS
			 801.160 and bicycle trails as defined in ORS
			 366.514(5).
			 Bicycle paths may be located on or off of road, street, or highway right of
			 way.
(6) "Critical link" means a
			 multiuse path, bicycle trail, or footpath, in an area that meets one or more of
			 the following criteria:
(a) Improves walking
			 and bicycling access to high need locations (i.e. transportation disadvantaged
			 areas, schools, shopping or employment centers, medical services, connections
			 to transit and regional paths, and downtowns); or
(b) Improves walking and bicycling access in
			 areas where no connections exist, transportation options are limited, or
			 significant safety concerns are addressed by the improvement.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0030 - Multimodal Active Transportation Fund Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Multimodal Active Transportation Fund
			 was established by ORS
			 367.081 to provide grants for pedestrian and bicycle transportation projects.
			 Pedestrian and bicycle transportation projects include the development,
			 construction, reconstruction, resurfacing, or other capital improvement of
			 multiuse paths, bicycle paths, and footpaths that improve access and safety for
			 people walking and bicycling.
(2)
			 Funding for transportation projects that comes from the money directed into the
			 Multimodal Active Transportation Fund under ORS
			 367.081 must be used in accordance with the Oregon Constitution. Transportation
			 projects must be for a public purpose and have a minimum useful life expectancy
			 of at least twenty years.
Statutory/Other Authority: ORS
				  184.619
Statutes/Other Implemented: ORS
				  367.081
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0040 - Grant Application Procedure and Application Submission Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 will announce periods for submitting applications for funding from the
			 Multimodal Active Transportation Fund by July 1 of each year.
(2) Project applications will be reviewed for
			 compliance with the requirements in OAR 731-036-0050, 731-036-0060, and
			 731-036-0070.
(3) Applications not
			 funded may be resubmitted during subsequent application submission periods
			 announced by the Department.
Statutory/Other Authority: ORS
				  184.619
Statutes/Other Implemented: ORS
				  367.081
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0050 - Who May Apply for Multimodal Active Transportation Fund Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligible
			 applicants for the Multimodal Active Transportation Fund include:
(a) A city, county, state, regional
			 government body, tribe, transit district, school district, special government
			 body, or other unit of local government. If the project is located on public
			 property or right of way, the application must include appropriate letters of
			 support from any affected public agencies or road authorities stating the
			 agency or authority's endorsement, as applicable to the project;
(b) A non-profit organization or other
			 private entity with documented support from one of the governmental bodies
			 identified in section (1) of this rule. The application must include
			 appropriate letters of support from the affected governing bodies.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0060 - Eligible Projects and Activities for Multimodal Active Transportation Fund Grants

Current through Register Vol. 63, No. 7, July 1, 2024
Projects that meet all of the following criteria are
				eligible:
(1) The project is a
			 Transportation Project that is open for public use;
(2) The Project will assist in developing a
			 multimodal transportation system that will improve safety and access for people
			 walking or bicycling. Eligible projects, include, but are not limited to:
			 development, construction, reconstruction, major resurfacing, or other capital
			 improvements of multiuse paths, bicycle paths, and footpaths;
(3) The Project will improve a critical link;
			 regional path; or path crossing to reduce barriers and hazards for people
			 walking and biking;
(4) The Project
			 is eligible for funding with lottery bond proceeds under the Oregon
			 Constitution and laws of the state of Oregon;
(5) The Project will not require or rely upon
			 subsidies from the Department for ongoing operations;
(6) If the project is located on public
			 property or within a public road right of way, the project must be approved by
			 the appropriate public agency or roadway authority (governing body);
(7) Provide a match of at least 30 percent of
			 the total project's costs; and
(8)
			 The Applicant must commit to deliver the project within 5 years from the
			 effective date of the Agreement.
Statutory/Other Authority: ORS
				  184.619
Statutes/Other Implemented: ORS
				  367.081
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0070 - Grant Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants interested in receiving funds
			 from the Multimodal Active Transportation Fund must submit an 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:
(a) The expected
			 results from the proposed Project for each of the considerations as prescribed
			 in 731-036-0080,
(b) Documented
			 desire for and support of the Project from the entities to be served by the
			 Project, and
(c) Documentation to
			 validate the Project schedule and costs.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0080 - Project Selection Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The following criteria may be used to select projects for
				receipt of funds from the Multimodal Active Transportation Fund:
(1) Technical merit.
(a) Conformance with adopted plans, state
			 land use laws, and applicable federal, state, and local planning and
			 programming requirements;
(b)
			 Application of appropriate design standards;
(c) Proposed solution addresses identified
			 need;
(d) Ability of Applicant to
			 provide at least the minimum required match.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0090 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will review applications received to determine:
(a) Whether the application is complete per
			 the requirements of OAR 731-036-0070, and
(b) Whether the Applicant and the Project are
			 eligible for Program Funds per the requirements of OAR 731-036-0050  or
			 731-036-0060.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0100 - Project Selection and Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission will select Projects to be
			 funded through a grant with moneys in the Multimodal Active Transportation
			 Fund.
(2) Prior to selecting
			 Projects to be funded with moneys in the Multimodal Active Transportation Fund,
			 the Commission shall solicit a Final Recommendation Report from the Oregon
			 Bicycle and Pedestrian Advisory Committee (OBPAC). OBPAC will evaluate the
			 eligible applications and submit a Final Recommendation Report to ODOT and the
			 OTC that will include:
(a) Recommendations
			 from the committee,
(b) A list of
			 projects recommended to be funded with moneys in the Multimodal Active
			 Transportation Fund in priority order, and
(c) A list of alternate Projects in priority
			 order.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0110 - Grant Awards and Match

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Once a project is selected by the Commission under 731-036-0100  the amount of
			 monies identified by the Commission is considered allocated from Program Funds
			 to a Recipient for an Awarded Project.
(2) Grants will be awarded only when there
			 are sufficient funds available in the Multimodal Active Transportation Fund to
			 cover the costs of the grants.
(3)
			 Grant awards may not exceed 70 percent of the total eligible Project costs.
(a) Applicant matching funds must be provided
			 by the Applicant in the form of cash on hand, or through monetary outlay for
			 eligible capital project costs that are reasonable, necessary and directly
			 related to the project. Eligible costs may include, but are not limited to the
			 costs to acquire property, costs to hire staff or consultants to conduct
			 outreach, design, engineer, permit, and administer project, and costs to
			 construct improvements described in the Awarded Project. Donated property,
			 materials, and labor may not be counted towards match.
(b) Monetary outlays for (a) above must have
			 been made within ten years of the application deadline for Multimodal Active
			 Transportation grant fund submittals in order to qualify as eligible matching
			 funds.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 36 - MULTIMODAL ACTIVE TRANSPORTATION FUND › Section 731-036-0120 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department will administer all grants.
(2) The Department and an Applicant of an
			 Approved Project will execute an Agreement prior to the disbursal of Program
			 Funds for an Approved Project. The Agreement is effective on the date all
			 required signatures are obtained or at such later date as specified in the
			 Agreement.
(3) The Agreement will
			 contain terms including but not limited to:
(a) A requirement that a written estimate of
			 project costs for an Approved Project be submitted to the Department prior to
			 the disbursal of any Program Funds.
(b) Only Project costs incurred on or after
			 the effective date of the Agreement are eligible for reimbursement.
(c) Disbursal of Program Funds for grants
			 will be paid on a reimbursement basis and will not exceed one disbursal per
			 month.
(d) Five percent (5%) of
			 reimbursed expenditures will be withheld and shall be released to grant
			 Recipient upon final project acceptance by the Department.
(e) Upon request, a Recipient 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.
(f)
			 Recipients must separately account for all moneys received from the Multimodal
			 Active Transportation Fund in Project accounts in accordance with Generally
			 Accepted Accounting Principles.
(g)
			 Program Funds disbursed but not used for an Approved Project must be returned
			 to the Department.
(h) A change to
			 the cost, scope, objectives or timeframe will require an amendment to the
			 Agreement.
(i) Department and
			 Recipient will meet to discuss changes to scope due to reasonable unforeseen
			 circumstances.
(j) Recipients are
			 responsible for any cost overages that occur during project delivery.
(k) Recipients must covenant, represent and
			 agree to use Project funds in a manner that will not adversely affect the
			 tax-exempt status of any bonds issued under the Program.
(l) Recipients, if applicable, must covenant,
			 represent and agree to remain current on all state and local taxes, fees and
			 assessments for the useful life of the Project as prescribed in the Agreement.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 731-040-0010  though 731-040-0064  describe the process for initiating,
			 evaluating, authorizing and administering tollway projects on state right of
			 way proposed by private entities, local or regional governments and the Oregon
			 Department of Transportation, and the establishment of tolling and toll rates.
			 They include requirements for submitting project proposals; guidelines for
			 considering financial and other issues; and requirements for consistency with
			 other local, state and federal policies and processes. OAR 731-040-0010  through
			 731-040-0064  shall be cited as the Tollway Rules.
(2) Public-Private Partnerships as defined in
			 OAR 731-070-0005  and proposed under the Oregon Innovative Partnerships Program
			 (ORS 367.800 through
			 367.826) are subject to rules
			 established in chapter 731, division 70, in addition to these rules as
			 applicable.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  383.004 &
				  383.015
Stats. Implemented: ORS 383
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 731-040-0020  through 731-040-0064:
(1) "Commission" means the Oregon
			 Transportation Commission.
(2)
			 "Department" means the Department of Transportation.
(3) "Director" means the Director of the
			 Oregon Department of Transportation or the designee thereof.
(4) "Interstate bridge" means a bridge over
			 both a waterway that contains a boundary line with another state and the
			 boundary line.
(5) "Private entity"
			 has the meaning given in ORS
			 383.003.
(6) "Related facility" has the meaning given
			 in ORS 383.003.
(7) "State Tollway Account" has the meaning
			 given in ORS 383.009.
(8) "Toll" has the meaning given in ORS
			 383.003.
(9) "Tollway" has the meaning given in ORS
			 383.003.
(10) "Tollway project" has the meaning given
			 in ORS 383.003.
(11) "Toll rate" means either a specific
			 amount charged for the use of a tollway by a specific category of vehicle, or
			 the specific formula for calculating an amount charged for the use of a tollway
			 by a specific category of vehicle.
(12) "Unit of government" has the meaning
			 given in ORS 383.003.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  383.003,
				  383.004,
				  383.014 &
				  383.015
Stats. Implemented: ORS 383
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0030 - Initiation by Public and Private Entities and Administrative Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A unit of
			 government may propose a tollway project at any time. The department shall not
			 assess an administrative fee to evaluate proposals from a unit of
			 government.
(2) Private entities
			 may propose tollway projects at any time. The department shall charge an
			 administrative fee of $40,000 to review tollway projects proposed by private
			 entities.
(3) The department shall
			 consider and authorize tollway project proposals according to the criteria in
			 OAR 731-040-0050.
(4) Fees charged
			 for review of proposals will be deposited in the State Tollway
			 Account.
(5) The department may
			 utilize a competitive process in soliciting or evaluating proposals from
			 private entities.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  383.015
Stats. Implemented: ORS 383
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0052 - Process for Reviewing and Approving the Establishment of Tolling and Toll Rates; Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When reviewing a proposal from private entities, local or regional governments,
			 or the department to establish tolls and set toll rates on either a project
			 authorized under OAR 731-40-0050, including tolls on an existing non-tolled
			 state transportation facility; or a project that has a detailed proposal
			 approved by the commission under OAR 731-070-0170; the commission will
			 consider:
(a) The amount and classification
			 of the traffic using, or anticipated to use, the tollway;
(b) The amount of the toll proposed to be
			 established for each class or category of tollway user and, if applicable, the
			 different amounts of the toll depending on time and day of use;
(c) The extent of the tollway, including
			 improvements necessary for tollway operation and improvements necessary to
			 support the flow of traffic onto or off of the tollway;
(d) The location of toll plazas or toll
			 collection devices to collect the toll for the tollway;
(e) The cost of constructing, reconstructing,
			 improving, installing, maintaining, repairing and operating the
			 tollway;
(f) The amount of
			 indebtedness incurred for the construction of the tollway and debt service
			 requirements, if any;
(g) The value
			 of assets, equipment and services required for the operation of the
			 tollway;
(h) The period of time
			 during which the toll will be in effect;
(i) The process for altering the amount of
			 the toll during the period of operation of the tollway;
(j) The methods of collecting the
			 toll;
(k) The rate of return that
			 would be fair and reasonable for a private equity holder, if any, in the
			 tollway;
(l) Whether the department
			 concurs that the tollway can be operated as proposed;
(m) The purpose and goals of the proposal,
			 and their consistency with the other factors considered here;
(n) The use of tollway revenue;
(o) Consistency with Oregon statutes and the
			 Oregon Constitution; and
(p)
			 Whether implementation of the proposal would violate Federal rules or
			 statutes.
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0053 - Proposals for Establishment of Tolling under OAR 731-040-0052

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Proposers shall
			 address all of the criteria in OAR 731-040-0052  in each proposal. Proposals
			 shall be submitted to the director, and the department will review the proposal
			 to determine if the proposal is complete.
(2) Within 45 days from when the department
			 determines that the proposal is complete, the director will submit the
			 proposal, any accompanying documents, and department comments, if any, to the
			 commission for review.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  383.004
Stats. Implemented: ORS 383
Oregon Administrative Rules › Chapter 731 - DEPARTMENT OF TRANSPORTATION › Division 40 - TOLLWAY PROJECTS › Section 731-040-0054 - Additional Process for Reviewing and Approving the Establishment of Tolling and Toll Rates on Interstate Bridges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When reviewing a proposal to establish
			 tolling and set toll rates on an interstate bridge that is or will be a state
			 highway, the commission will consider:
(a)
			 Each of the considerations established in OAR 731-40-0052;
(b) Whether another state has any authority
			 over the bridge;
(c) Whether the
			 proposal has been authorized or is expected to be authorized, by the governing
			 body with jurisdiction over the proposal in the other state linked to Oregon by
			 the bridge;
(d) Whether the
			 proposal is consistent with conditions imposed by the governing body with
			 jurisdiction over the proposal in the other state, if any;
(e) Whether the proposer has legal authority
			 to implement the project in the other state, and if not, the level of
			 coordination between the proposer and the entity having such authority;
			 and
(f) Existing bi-state
			 agreements on tolls and tollway projects.