reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0100 - Hazardous Materials Penalty Matrix

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The guidelines in sections (2) and (3) of
			 this rule shall be applied by staff when determining the monetary penalties to
			 be requested for violations of rules adopted under ORS
			 825.258, relating to hazardous
			 materials.
(2) Categories within
			 the Hazardous Materials Matrix:
(a) "Potential
			 for Harm" establishes the potential of a violation to cause or contribute to a
			 hazardous materials incident or to hamper emergency response efforts in the
			 event of an incident. The factors contained within this category are:
(A) Recordkeeping (not including shipping
			 documents);
(B)
			 Driving/Transportation (including shipping documents);
(C) Safety/Equipment (includes
			 packaging);
(D) Time/Mileage
			 (extent of exposure);
(E) Location
			 (population/water, etc.); and
(F)
			 Potential Harm.
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0110 - Violation of Rules Under ORS 825.258 - Mitigation

Current through Register Vol. 63, No. 7, July 1, 2024
A petitioner who has admitted the allegations of a notice of
				proposed civil penalty for penalties imposed under OAR 740-300-0090, and who
				has requested mitigation within 15 days of service of a penalty order, may be
				eligible for mitigation of penalties under the guidelines established in
				sections (1) and (2) of this rule. Except as otherwise ordered by the
				Department in a particular case, the mitigation policy shall apply to any
				person who incurs a penalty under OAR 740-300-0090  and who has taken corrective
				action to remedy the violation(s) and otherwise is in substantial compliance
				with the laws and rules of the Department.
(1) Level II Penalties: There shall be no
			 mitigation of monetary penalties for violations at Level II, but the Department
			 may hold in abeyance any suspension of operating authority which has been
			 imposed or requested.
(2) Level III
			 Penalties: There shall be no mitigation allowed with respect to penalties
			 imposed or requested that were imposed and suspended under prior orders, nor
			 shall mitigation be allowed with respect to monetary penalties imposed or
			 requested at Level III. However, the Department may hold in abeyance any new
			 suspension of operating authority which has been imposed or requested at Level
			 III. Where the Department has ordered cancellation of authority, it will
			 consider mitigation of such order on a case-by-case basis.
Stat. Auth.: ORS
				  823.011 & ORS
				  825.258
Stats. Implemented: ORS
				  825.258
Oregon Administrative Rules › Chapter 740 - DEPARTMENT OF TRANSPORTATION, MOTOR CARRIER TRANSPORTATION DIVISION › Division 300 - PENALTIES › Section 740-300-0120 - Violations Specified in ORS 825.960, Relating to Out-Of-Service Orders or Notices - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 who commits the violation specified in ORS 825.960, related to Out-Of-Service
			 orders or notices, in addition to any penalties otherwise provided by law,
			 shall be subject to the following penalties:
(a) $10,000 for each violation committed;
			 and
(b) For a motor carrier who,
			 within the 12 months preceding the violation, has been found by order of the
			 Department in violation of ORS 825.960, a suspension of operating authority for
			 five working days.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 20 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM › Section 741-020-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Chapter 741, Oregon Laws 2003 created the Industrial Rail Spur
				Fund, allowing for the issuance of lottery bonds to for the purpose of
				financing grants and loans to fund industrial rail spurs. The purpose of
				division 20 rules is to establish the Industrial Spur Track Program for the
				distribution of the funds as well as procedures, standards and criteria for its
				operation.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  367.070 & Sec. 10. Ch. 741
				  OL 2003
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 20 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM › Section 741-020-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of Division 20 rules, the following terms
				shall have the following definitions, unless the context clearly indicates
				otherwise:
(1) "Approved Project"
			 means a Project that the Department has determined will receive funding through
			 either a grant or loan from the Industrial Spur Rail Fund.
(2) "Department" is as defined in ORS
			 184.610(2).
(3) "Director" is as defined in ORS
			 184.610(3).
(4) "Industrial Spur Track" means a segment
			 of trackage used for the rail transportation of raw materials and finished
			 products between manufacturing facilities and mail line rails or that serves a
			 transloading, reloading and teaming facility.
(5) "Program" means the Industrial Spur Track
			 Program established by Division 20 rules to administer the Industrial Rail Spur
			 Fund.
(6) "Program Funds" means the
			 money appropriated by the Legislature to the Industrial Spur Fund. These funds
			 may be used as either grants or loans to eligible projects.
(7) "Project" means installation and/or
			 upgrading of industrial spur track. A Project may also include the upgrade of
			 trackage at an industrial facility to handle 286,000-pound GWR rail car
			 shipments or the installation and/or upgrade of trackage that is adjacent to
			 the project and is necessary for the proposed project to function
			 properly.
(8) "Railroad" as is
			 defined in ORS 824.020.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  367.070 & Sec. 10. Ch. 741
				  OL 2003
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 20 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM › Section 741-020-0025 - 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 Industrial Rail Spur Fund, as
			 funding is available.
(2) Project
			 applications will be reviewed for compliance with the requirements in OAR
			 741-020-0040  and as prescribed in 741-020-0050.
(3) Projects not funded may be resubmitted
			 during application submission periods prescribed by the Department.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  367.070 & Sec. 10. Ch. 741
				  OL 2003
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 20 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM › Section 741-020-0030 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Persons or entities interested in receiving funds from the
				Industrial Rail Spur Fund may submit to the Department a written application.
				The application shall be in a format prescribed by the Department and shall
				contain or be accompanied by such information as the Department may
				require.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  367.070 & Sec. 10. Ch. 741
				  OL 2003
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 20 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM › Section 741-020-0040 - Application Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
Upon receipt of an application the Department shall determine
				whether the Project is eligible for Program Funds. Projects that meet the
				following criteria are eligible:
(1)
			 The applicant is a railroad doing business within the state of Oregon; a public
			 jurisdiction within the state of Oregon; a company, foreign or domestic,
			 incorporated or registered with the Oregon Secretary of State to do business
			 within the state of Oregon.
(2) The
			 Project will assist in developing a system of industrial rail spur tracks that
			 supports state and local government efforts to attract new industries to Oregon
			 or that keeps and encourages expansion of existing industries.
(3) The Project will serve the public good
			 and would benefit from the provision of public assistance.
(4) The Project is not a replacement for an
			 industrial spur track that would have been constructed without public
			 assistance.
(5) The project will
			 not require or rely upon continuing subsidies from the Department.
(6) The applicant is current on all state and
			 local taxes, fees and assessments.
(7) If the Project is not eligible, the
			 Department shall, within 30 days:
(a) Reject
			 the application; or
(b) Specify the
			 additional information the applicant must provide to establish
			 eligibility.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 20 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM › Section 741-020-0050 - Project Funding Priorities

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall consider the following in its
				determination of which eligible Projects will be approved for receipt of funds
				from the Industrial Rail Spur Fund:
(1) The amount of funding
			 available.
(2) Whether the Project
			 will facilitate creation of new jobs and capital investment or the retention of
			 existing jobs and capital investment that would otherwise be lost to
			 Oregon.
(3) Whether the Project
			 leverages other development efforts by the state or other government
			 units.
(4) Supportive documents
			 from the industry(s) and the railroad indicating the number of new carloads
			 expected to be created within the first three years after construction of the
			 project.
(5) Whether the Project
			 facilitates the retention and/or creation of jobs in economically distressed
			 areas of the state.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  367.070 & Sec. 10. Ch. 741
				  OL 2003
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 20 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM › Section 741-020-0060 - Grant Awards and Match

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Grant awards shall not exceed 75% of the total Project costs. Loans may be for
			 the full amount of the project. In no case, shall any one project receive more
			 than 50% of the funds available to the Program.
(2) Any required local share of a project
			 grant can be cash, or a combination of cash and in-kind services.
(3) Grants and loans will be awarded only
			 when there are sufficient funds available to cover the costs of the loans and
			 grants.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  367.070 & Sec. 10. Ch. 741
				  OL 2003
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 20 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM › Section 741-020-0070 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department and the successful applicant shall execute a grant/loan contract
			 prior to the disbursal of Program Funds for an Approved Project.
(2) Documentation of the projected costs for
			 an Approved Project shall be submitted to the Department prior to the disbursal
			 of Program Funds.
(3) Disbursal of
			 Program Funds for grants will not exceed one disbursal per month.
(4) Upon request, the successful applicant
			 must provide the Department with a copy of documents, studies, reports and
			 materials developed during the Project, including a written report on the
			 activities or results of the Project and any other information that may be
			 reasonably requested by the Department.
(5) Any Program Funds disbursed but not used
			 for an Approved Project must be returned to the Department.
(6) Amendments to Approved Project grant
			 contracts are required to change a project's cost, scope, objectives or
			 timeframe.
(7) The Department will
			 require that a lien be placed upon the improvements in the county in which an
			 Approved Project is located. This lien shall be in form approved by the
			 Department and remain in effect for a period of not less than 10 years from the
			 disbursal of the first Program Funds.
(8) If after three years the Approved Project
			 does not generate the carloads and/or the jobs anticipated, the Department may
			 request that the applicant repay up to 40% of Program Funds given as a grant.
			 This shall only occur after the Department investigates the situation and a
			 determination is made as to the cause(s) of the failure to meet the original
			 objectives of the Approved Project.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  823.011
Stats. Implemented: ORS
				  367.070 & Sec. 10. Ch. 741
				  OL 2003
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 20 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM › Section 741-020-0080 - Sanctions, Exceptions and Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may invoke sanctions
			 against applicants that fail to comply with the requirements governing the
			 Program. The Department will not impose sanctions until the applicant has been
			 notified in writing of deficiencies and has been given a reasonable time to
			 respond and correct the deficiencies noted. The following circumstances may
			 warrant sanctions:
(a) None of the Approved
			 Project activities have begun within six months of notification of the award of
			 money from the Industrial Spur Program;
(b) State statutory requirements have not
			 been met;
(c) There is a
			 significant deviation from the Approved Project grant/loan contract;
			 or
(d) The Department finds that
			 significant corrective actions are necessary to protect the integrity of the
			 Program Funds for the Approved Project, and those corrective actions are not,
			 or will not be, made within a reasonable time.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 25 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS FOR SHORT LINE RAILROAD RAIL INFRASTRUCTURE › Section 741-025-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Short Line Credit Premium Account is established in ORS
				367.067. The purpose of division
				25 rules is to establish the Short Line Railroad Rail Infrastructure
				Improvement Program as well as procedures, standards and criteria for its
				operation.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.066,
				  367.067 &
				  823.011
Stats. Implemented: ORS
				  367.066(2)
				  & 367.067
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 25 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS FOR SHORT LINE RAILROAD RAIL INFRASTRUCTURE › Section 741-025-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of division 25 rules, the following terms
				shall have the following definitions, unless the context clearly indicates
				otherwise:
(1) "Department" is as
			 defined in ORS 184.610(2).
(2) "Director" is as defined in ORS
			 184.610(3).
(3) "Program" means the Short Line Railroad
			 Rail Infrastructure Improvement Program as established by Division 25 rules to
			 administer the Short Line Credit Premium Account.
(4) "Program Funds" means the amount of money
			 appropriated by the Legislature to the Short Line Credit Premium Account. These
			 funds may used as either grants or loans to eligible projects.
(5) "Project" means repair and refurbishment
			 of trackage, right of way, structures or appurtenances of a shortline
			 railroad's rail line for the purpose of either restoring the line to rail
			 service or upgrading infrastructure to meet Legislative criteria set forth in
			 OAR 741-025-0040.
(6) "Short line
			 railroad" means a Class II or Class III railroad as defined in  49 C.F.R.
			 1201.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.066,
				  367.067 &
				  823.011
Stats. Implemented: ORS
				  367.066(2)
				  & 367.067
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 25 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS FOR SHORT LINE RAILROAD RAIL INFRASTRUCTURE › Section 741-025-0025 - 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 Short Line Credit Premium Account,
			 as funding is available.
(2)
			 Project applications will be reviewed for compliance with the requirements in
			 OAR 741-025-0040  and as prescribed in 741-025-0050.
(3) Projects not funded may be resubmitted
			 during application submission periods prescribed by the Board.
Stat. Auth.: ORS
				  367.066 -
				  367.067
Stats. Implemented: ORS
				  367.067(2)
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 25 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS FOR SHORT LINE RAILROAD RAIL INFRASTRUCTURE › Section 741-025-0030 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Applications for infrastructure assistance from the Short Line
				Credit Premium Account shall be in a format prescribed by the Department and
				shall contain or be accompanied by such information as the Department may
				require.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.066,
				  367.067 &
				  823.011
Stats. Implemented: ORS
				  367.066(2)
				  & 367.067
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 25 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS FOR SHORT LINE RAILROAD RAIL INFRASTRUCTURE › Section 741-025-0040 - Application Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of an application the
			 Department shall determine whether the proposed Project is eligible for Program
			 Funds. Proposed Projects that meet the following criteria are eligible:
(a) The applicant is a short line
			 railroad;
(b) The Project will not
			 require or rely upon continuing subsidies from the Department; and
(c) The applicant is current on all state and
			 local taxes, fees and assessments.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 25 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS FOR SHORT LINE RAILROAD RAIL INFRASTRUCTURE › Section 741-025-0050 - Project Funding Priorities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In evaluating eligible Projects to
			 determine which shall receive infrastructure assistance, the Department shall
			 consider:
(a) The amount of funds available in
			 the Short Line Credit Premium Account.
(b) Whether the Project has a demonstrable
			 public benefit.
(c) Whether the
			 Project leverages railroad and shipper contributions.
(d) Whether the Project regains or creates
			 jobs in economically distressed areas of the state.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 25 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS FOR SHORT LINE RAILROAD RAIL INFRASTRUCTURE › Section 741-025-0060 - Grant Awards and Match

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Grants shall cover 100% of any Credit Risk Premiums set forth in the granting
			 of a federal RRIF loan.
(2) No one
			 Project shall receive more than 30% of the funds available to the Program
			 outside of projects for RRIF financing.
(3) Any railroad and/or shipper contributions
			 can be cash, or a combination of cash and in-kind services.
(4) Grants and loans will be awarded only
			 when there are sufficient funds available to cover the costs of the loans and
			 grants.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.066,
				  367.067 &
				  823.011
Stats. Implemented: ORS
				  367.066(2)
				  & 367.067
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 25 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS FOR SHORT LINE RAILROAD RAIL INFRASTRUCTURE › Section 741-025-0070 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department and successful applicant shall execute a grant/loan contract
			 prior to the disbursal of Program Funds.
(2) Documentation of projected costs for the
			 Project costs shall be submitted to the Department prior to the disbursal of
			 Program Funds.
(3) Disbursal of
			 Program Funds for a grant will not exceed one disbursal per month and will be
			 on a voucher basis.
(4) Upon
			 request the successful applicant must provide the Department with a copy of
			 documents, studies, reports and materials developed during the Project,
			 including a written report on the activities or results of the Project and any
			 other information that may be reasonably requested by the Department.
(5) Any Program Funds disbursed but not used
			 for an approved Project must be returned to the Department.
(6) Amendments to project grant contracts are
			 required to change a Project's cost, scope, objectives or timeframe.
(7) The Department will require that a lien
			 be placed upon the improvements in the county in which the project is located.
			 This lien shall be in form approved by the Department and remains in effect for
			 a period of not less than 10 years from the disbursal of the first
			 funds.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  367.066,
				  367.067 &
				  823.011
Stats. Implemented: ORS
				  367.066(2)
				  & 367.067
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 25 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS FOR SHORT LINE RAILROAD RAIL INFRASTRUCTURE › Section 741-025-0080 - Sanctions, Exceptions and Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may invoke sanctions
			 against the applicants that fail to comply with the requirements governing the
			 Program. The Department will notify the applicant in writing of deficiencies
			 and give a reasonable amount of time for the applicant to respond to and
			 correct the deficiencies before imposing sanctions. The following circumstances
			 may warrant sanctions:
(a) None of the
			 Project activities have begun within six months after award.
(b) State statutory requirements have not
			 been met.
(c) The Project
			 substantially deviates from the contract.
(d) The Department finds that significant
			 corrective actions are necessary to protect the integrity of the Project funds,
			 and those corrective actions are not, or will not be, made within a reasonable
			 time.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of division 30 rules is to implement the Short Line
				Railroad Rehabilitation Tax Credit program, as well as procedures, standards
				and criteria for its operation.
Statutory/Other Authority: ORS 184.619, 823.011, 315.593,
				  315.597
Statutes/Other Implemented: ORS 315.591 -
				  315.603
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division of administrative rules, the
				following terms shall have the following definitions, unless the context
				clearly indicates otherwise:
(1)  "Costs that are directly related to the work necessary to
				maintain, reconstruct or replace infrastructure" include costs for materials,
				labor, and equipment. It does not include fees or costs imposed by the
				Department for work relating to the preliminary or final certification
				process.
(2)  "Department" is as defined in ORS 184.610(2).
(3)  "Director" is as defined in ORS 184.610(3).
(4)  "Infrastructure" includes items listed in ORS 315.591(1)
				and also includes signals, tunnels, structures, and other ancillary items
				adjacent to the main line track, sidings, or industrial leads.
(5)  "Main line track" means a segment of track used for the
				movement of trains between the initial and final terminals of a
				railroad.
(6)  "Person" is as defined in ORS 174.100(6).
(7)  "Program" means the Short Line Railroad Rehabilitation Tax
				Credit program as authorized by ORS 315.591 - 315.603 and implemented by
				Chapter 741, Division 30 of the administrative rules to administer the Short
				Line Rehabilitation Tax Credit.
(8)  "Short line railroad" is as defined in ORS
				315.591(2).
(9)  "Short line railroad rehabilitation project costs" is as
				defined in ORS 315.591(4).
(10)  "Short line railroad track" means an applicant's main line
				track within the state of Oregon.
Statutory/Other Authority: ORS 184.619, 823.011, 315.593  & 315.597
Statutes/Other Implemented: ORS 315.591 -
				  315.603
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0022 - Forms

Current through Register Vol. 63, No. 7, July 1, 2024
The Short Line Railroad Rehabilitation Tax Credit Application
				for Preliminary Certification, Short Line Railroad Rehabilitation Tax Credit
				Application for Preliminary Certification Amendment, and the Short Line
				Railroad Rehabilitation Tax Credit Application for Final Certification forms
				may be accessed online at ODOT's website (
https://www.oregon.gov/ODOT/RPTD/Pages/Short-Line-Railroad-Rehabilitation-Tax-Credit.aspx
).
Statutory/Other Authority: ORS 184.619, 823.011, 315.593,
				  315.597
Statutes/Other Implemented: ORS 315.591 -
				  315.603
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0025 - Preliminary Certification Application Submission Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  For the year 2020, applicants may submit their application
				for preliminary certification for short line railroad rehabilitation tax
				credits, beginning on January 1 and ending on July 31.
(2)  For the year 2021, applicants may submit their application
				for preliminary certification beginning on January 1, 2021, and ending on
				February 28, 2021.
(3)  For subsequent years, applicants may submit their
				application annually for preliminary certification during a six-month period
				between August 1 and January 31.
(4)  For any biennium in which the Department determines that
				the $4 million tax credit limitation in ORS 315.603 will not be exceeded, the
				Director may reopen or extend the application period.
(5)  Each short line railroad may submit no more than one
				project application per year.
Statutory/Other Authority: ORS 184.619, 823.011, 315.593  & 315.597
Statutes/Other Implemented: ORS 315.591 -
				  315.603
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0030 - Preliminary Certification Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible for preliminary certification, the applicant must be a short line railroad.
(2) The applicant must own or lease infrastructure located in Oregon.
(3) The applicant's rehabilitation project costs must be directly related to the work necessary to maintain, reconstruct or replace infrastructure in Oregon and be described in the application with quantities, cost types (materials, labor and equipment), and with estimated costs.
(4) The applicant cannot apply for a tax credit for rehabilitation project costs that are funded by or used to qualify for any state or federal grants, or costs that are used to qualify for a federal tax credit.
(5) Regardless of whether the applicant applies for the federal tax credit under section  45G of the Internal Revenue Code, the amount applicant is eligible to qualify for under the federal tax credit shall be deducted from the applicant's rehabilitation project costs before calculating the applicant's Oregon tax credit.
Example: Acme Railroad owns (or leases) 100 miles of mainline track in Oregon. One year, Acme spends $1,000,000 in railroad rehabilitation project costs.
$3,500 x 100 miles / 0.40 = $875,000 (the portion of its project costs which would qualify Acme for its maximal federal tax credit of $350,000).
$1,000,000 - $875,000 = $125,000 (the remainder which can be used in applying for the Oregon tax credit).
In this example, Acme would be eligible for a $62,500 Oregon tax credit (50% of $125,000).
Statutory/Other Authority: ORS 184.619, 823.011, 315.593  & 315.597
Statutes/Other Implemented: ORS 315.591 -
				  315.603
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0040 - Preliminary Certification Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants requesting preliminary certification for a short line rehabilitation tax credit must submit their request during the application submission periods specified in OAR 741-030-0025.
(2) Applicants requesting preliminary certification for a short line rehabilitation tax credit must apply on the Department-approved form (Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification).
(3) The application must also include a certification, executed by an authorized representative of the short line railroad, that certifies that the applicant's project meets the requirements for a short line railroad project set forth in ORS 315.591 - 315.603 and this division of administrative rules. The representative's certification must be a sworn statement attesting to the truth of the certification and attesting to the following:
(a) That the railroad is a short line railroad;
(b) That the leased or owned infrastructure on which the rehabilitation tax credit would be based is located in Oregon;
(c) The railroad mileposts that are adjacent to the leased or owned infrastructure;
(d) That rehabilitation costs are not funded by or used to qualify for any state or federal grants, or used to claim a federal tax credit (Regardless of whether the applicant applies for the federal tax credit under section  45G of the Internal Revenue Code, the amount applicant is eligible to qualify for under the federal tax credit shall be deducted from the applicant's rehabilitation project costs before calculating the applicant's Oregon tax credit.); and
(e) That the applicant is current on all state and local taxes, fees and assessments.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0050 - Preliminary Certification Review and Calculation of Potential Tax Credit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  Project applications will be reviewed for compliance with
				the requirements of ORS 315.591 - 315.603 and the administrative rules of
				Chapter 741, Division 30. Upon receipt of an application for preliminary
				certification, the Department will determine whether the proposed project is
				eligible for a Short Line Railroad Rehabilitation Tax credit.
(2)  No later than 60 days after receipt of an application for
				preliminary certification, the Department will:
(a)  Issue a preliminary certification with the potential amount
				of the tax credit; or
(b)  Reject the application if the project is not eligible;
				or
(c)  Require the applicant to submit additional information as
				may be necessary. Applicants will have 15 business days from the Department's
				notice requiring additional information to respond.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0055 - Amendment of a Preliminary Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If any change to the project as described in the preliminary certification occurs, an applicant must file a written amendment request with the Department prior to the completion of the rehabilitation project to amend a preliminary certification.
(2) The amendment request must be submitted on the Department-approved form (Short Line Railroad Rehabilitation Tax Credit Application for Preliminary Certification Amendment) and describe the changes to the project and reasons for the changes, including changes in rehabilitation project costs, project design, and any associated railroad mileposts.
(3) The application must also include a certification, executed by an authorized representative of the short line railroad, that certifies that the applicant's project meets the requirements for a short line railroad project set forth in ORS 315.591 - 315.603 and this division of administrative rules. The representative's certification must be a sworn statement attesting to the truth of the certification and attesting to the following:
(a) That the railroad is a short line railroad;
(b) That the leased or owned infrastructure on which the rehabilitation tax credit would be based is located in Oregon;
(c) The railroad mileposts that are adjacent to the leased or owned infrastructure;
(d) That the rehabilitation project costs are not funded by or used to qualify for any state or federal grants, or used to claim a federal tax credit (Regardless of whether the applicant applies for the federal tax credit under section  45G of the Internal Revenue Code, the amount applicant is eligible to qualify for under the federal tax credit shall be deducted from the applicant's rehabilitation project costs before calculating the applicant's Oregon tax credit.); and
(e) That the applicant is current on all state and local taxes, fees and assessments.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0060 - Final Certification Application and Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following requirements must be met in order for the applicant to receive final certification:
(a) Applicants with completed projects must have a valid preliminary certification for a short line railroad rehabilitation tax credit. The short line railroad rehabilitation project must be completed as described in the preliminary certification, and in accordance with ORS 315.591 - 315.603 and Chapter 741, Division 30 of the administrative rules. Any changes to a preliminary certification must be made through the amendment process outlined in these rules and must be completed prior to the project completion date.
(b) Applicants must apply on the Department-approved form (Short Line Railroad Rehabilitation Tax Credit Application for Final Certification).
(c) The application must include a certification, executed by an authorized representative of the short line railroad, that certifies that the applicant's project meets the requirements for a short line railroad project set forth in ORS 315.591 - 315.603 and this division of administrative rules. The representative's certification must be a sworn statement attesting to the truth of the certification and attesting to the following:
(A) That the railroad is a short line railroad;
(B) That the leased or owned infrastructure on which the rehabilitation tax credit would be based is located in Oregon;
(C) The railroad mileposts that are adjacent to the leased or owned infrastructure;
(D) That the rehabilitation project costs are not funded by or used to qualify for any state or federal grants, or used to claim a federal tax credit (Regardless of whether the applicant applies for the federal tax credit under section  45G of the Internal Revenue Code, the amount applicant is eligible to qualify for under the federal tax credit shall be deducted from the applicant's rehabilitation project costs before calculating the applicant's Oregon tax credit.);
(E) The actual eligible costs of the completed maintenance, reconstruction or replacement of infrastructure in Oregon; and
(F) That the applicant is current on all state and local taxes, fees and assessments.
(d) Applicants must provide documentation of rehabilitation project actual costs indicating the date they were paid or incurred, which may include canceled checks, invoices or receipts, binding contracts or agreements, or other documentation that evidence that such costs were properly paid or incurred for the project described in the preliminary certification and represent eligible costs under these rules.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0065 - Fees for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  When submitting an application for preliminary
				certification, applicants must include a payment of $250 to the
				Department.
(2)  When submitting an application for final certification,
				applicants shall include a payment not to exceed one half of one percent (0.5%)
				of the estimated tax credit.
Statutory/Other Authority: ORS 184.619, 823.011, 315.593,
				  315.597
Statutes/Other Implemented: ORS 315.591 -
				  315.603
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 30 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCECURES FOR SHORTLINE RAILROAD REHABILITATION TAX CREDITS › Section 741-030-0070 - Suspension or Revocation of Preliminary or Final Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  The Director may order the suspension, revocation or
				forfeiture of a tax credit certification as provided by ORS 315.593(11).
(2)  For purposes of ORS 315.593(11), the taxpayer otherwise
				violates or has violated a condition or requirement for eligibility for the tax
				credit if:
(a)  The project does not comply with the provisions of ORS
				315.591 - 315.603, the administrative rules of Chapter 741, Division 30, or any
				other applicable rules and standards; or
(b)  The applicant has previously received preliminary or final
				certification for the same costs.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 40 - PUBLIC REAL PROPERTY NEAR RAIL INFRASTRUCTURE NOTIFICATION › Section 741-040-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 741-040-0020  to 741-040-0060, the following
				definitions apply:
(1) "At-Grade
			 crossing" means a highway-rail grade crossing as defined in the Manual on
			 Uniform Traffic Control Devices as adopted in OAR 734-020-0005.
(2) "Division" means Oregon Department of
			 Transportation, Rail Division.
(3)
			 "Light Rail Corridor" means Real Property within 100 feet of a rail that is for
			 trolley, streetcar or automated guideway that is not regulated by the Federal
			 Railroad Administration, but does not include such property that is within 100
			 feet of a Railroad Right of Way or within 500 feet of an At-Grade
			 crossing.
(4) "Political
			 subdivision" as defined by ORS
			 271.005(3).
(5) "Rail Corridor" means any Real Property
			 within 100 feet of a Railroad Right of Way or within 500 feet of an At-Grade
			 crossing.
(6) "Railroad Right of
			 Way" means Real Property on which rail operation has taken place and that
			 remains subject to the jurisdiction of the federal Surface Transportation
			 Board.
(7) "Real Property" means
			 all real property together with any and all improvements thereon and any
			 interest therein.
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 446 OL 2011
Stats. Implemented: ORS
				  271.310
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 40 - PUBLIC REAL PROPERTY NEAR RAIL INFRASTRUCTURE NOTIFICATION › Section 741-040-0020 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
To provide procedures to share advance notice of Real Property
				for sale, exchange or conveyance by political subdivisions with private
				providers of rail service.
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 446 OL 2011
Stats. Implemented: ORS
				  271.310
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 40 - PUBLIC REAL PROPERTY NEAR RAIL INFRASTRUCTURE NOTIFICATION › Section 741-040-0030 - Notification Required

Current through Register Vol. 63, No. 7, July 1, 2024
Unless an exception applies pursuant to OAR 741-040-0040, at
				least 30 days before listing or placing any Real Property for sale, exchange or
				conveyance, a Political subdivision shall notify the Rail Division
				Administrator of its intent to undertake such listing or placement if the Real
				Property is within:
(1) 100 feet of a
			 Railroad Right of Way;
(2) 500 feet
			 of an At-Grade crossing.
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 446 OL 2011
Stats. Implemented: ORS
				  271.310
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 40 - PUBLIC REAL PROPERTY NEAR RAIL INFRASTRUCTURE NOTIFICATION › Section 741-040-0040 - Exempt from Notification

Current through Register Vol. 63, No. 7, July 1, 2024
The requirement for notification does not apply:
(1) To listing or placing any Real Property
			 for sale, exchange or conveyance within a Light Rail Corridor;
(2) If the proposed sale, exchange or
			 conveyance of the real property is to a provider of rail service; or
(3) To the proposed sale, exchange or
			 conveyance of easements.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  271.310
Stats. Implemented: ORS
				  271
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 40 - PUBLIC REAL PROPERTY NEAR RAIL INFRASTRUCTURE NOTIFICATION › Section 741-040-0050 - Form of Notification

Current through Register Vol. 63, No. 7, July 1, 2024
The Political subdivision will provide on forms approved by the
				Division the following information:
(1) A detailed description of the Real
			 Property to be sold, including its approximate size in square feet or acreage
			 and its legal description;
(2) A
			 map showing the location of the Real Property in relation to the Railroad Right
			 of Way and/or At-Grade crossing;
(3) A completed notice using a form provided
			 by the Division; and
(4) Any other
			 information the Division may request.
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 446 OL 2011
Stats. Implemented: ORS
				  271.310
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 40 - PUBLIC REAL PROPERTY NEAR RAIL INFRASTRUCTURE NOTIFICATION › Section 741-040-0060 - Submittal Process

Current through Register Vol. 63, No. 7, July 1, 2024
The Political subdivision shall submit notification and
				notification materials either electronically or in hard copy
				format.
Stat. Auth.: ORS
				  184.616,
				  184.619, Ch. 446 OL 2011
Stats. Implemented: ORS
				  271.310
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 40 - PUBLIC REAL PROPERTY NEAR RAIL INFRASTRUCTURE NOTIFICATION › Section 741-040-0070 - Railroad Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Division shall solicit from each provider of rail service operating within the
			 State first-class U.S. and electronic mail addresses to which Division shall
			 send notifications required hereunder.
(2) Division will notify any provider of rail
			 service using the Railroad Right of Way within the area specified by ORS
			 271.310(3) of
			 the Real Property being sold, exchanged or conveyed by at least one of the
			 following methods:
(a) Mailed
			 notice;
(b) Electronic mail
			 notice.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 741-060-0010  through 741-060-0107, the following
				definitions apply:
(1) "Accident"
			 means any event involving an RTV or occurring on a rail transit-controlled
			 property, involving one or more of the following:
(a) "Fatality," as defined in section (13)
			 below;
(b) "Serious Injury," as
			 defined in section (43) below;
(c)
			 All collisions resulting in fatality, serious injury or substantial
			 damage;
(d) "Runaway Train," as
			 defined in section (38) below;
(e)
			 A collision between an RTV and another RTV;
(f) Evacuation for life safety that
			 constitutes a real or potential danger to any person, including but not limited
			 to, a fire, a fuel leak, a vehicle fuel leak, the presence of smoke or noxious
			 fumes, an electrical hazard, a bomb threat, or a suspicious item or other
			 hazard.
(g) Derailment of an RTV at
			 any time, at any location, whatever the cause.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.045
Stats. Implemented: ORS
				  824.045