Or. Admin. Code § 731-035-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 731-035-0020 - Definitions

For the purposes of division 35 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 Connect Oregon Fund for an Approved Project.

(2) "Applicant" means a Person or Public Body that applies for funds from the Connect Oregon Fund.

(3) "Approved Project" means a project that the Commission has approved to receive funding through a grant from the Connect Oregon Fund.

(4) "Area Commissions on Transportation" means advisory bodies chartered by the Oregon Transportation Commission.

(5) "Aviation" is defined in ORS 836.005(5).

(6) "Commission" means the Oregon Transportation Commission.

(7) "Connect Oregon Fund" means the fund created in ORS 367.080.

(8) "Dedicated Project" means a project listed Chapter 491, 2019 Oregon Laws, Section 10.

(9) "Department" means the Oregon Department of Transportation.

(10) "Director" means the Director of the Oregon Department of Transportation.

(11) "Oregon Department of Aviation (ODA)" means the Oregon Department of Aviation (ODA) defined in ORS 836.005(7).

(12) "Final Project Acceptance" means the Department's written acceptance of a project as complete following an on-site review of the completed project.

(13) "Freight Advisory Committee" means the committee created in ORS 366.212.

(14) "Limited Land Use Decision" has the meaning given in ORS 197.015(12).

(15) "Land Use Decision" has the meaning given in ORS 197.015(10).

(16) "Oregon Business Development Department" means the department defined in ORS 285A.070.

(17) "Person" has the meaning given in ORS 174.100(6), limited to those Persons that are registered with the Oregon Secretary of State to conduct business within the State of Oregon.

(18) "Program" means the Connect Oregon Fund Program established by division 35 rules to administer the Connect Oregon Fund.

(19) "Program Funds" means the money appropriated by the Legislature to the Connect Oregon Fund and includes funds that become available due to loan repayment from a previous project, unappropriated project funds from Approved Projects, earnings on moneys held in the Connect Oregon Fund, and funds from sanctions as prescribed in 731-035-0080(5) of an Approved Project.

(20) "Project Sponsor" means a Person or a Public Body seeking funds to develop and implement a Dedicated Project.

(21) "Public Body" is defined in ORS 174.109.

(22) "Rail Advisory Committee" means a committee appointed by the Director and approved by the Commission to advise the Department on issues, policies and programs that affect rail freight and rail passenger facilities and services in Oregon.

(23) "Recipient" means an eligible Person or Public Body that enters into an Agreement with the Department to receive funds from the Connect Oregon Fund.

(24) "Recipient's Total Project Costs" means the funds received from the Connect Oregon Program Funds plus the matching funds required under Oregon Administrative Rule 731-035-0070(3)(a)(B) and any additional funds, if applicable.

(25) "Regional Solutions Team" means the teams created in ORS 284.754.

(26) "State Aviation Board" means the board created in ORS 835.102.

(27) "Transportation project" is defined in ORS 367.080(1)(c) and means a project or undertaking for rail, marine, and aviation capital infrastructure, including bridges, or a project that facilitates the transportation of materials, animals or people. A transportation project does not include costs associated with operating expenses.

Or. Admin. Code § 731-035-0020

DOT 8-2005(Temp), f. 11-17-05, cert. ef. 11-21-05 thru 5-19-06; DOT 3-2006, f. & cert. ef. 1-24-06; DOT 5-2007, f. & cert. ef. 11-15-07; DOT 3-2009, f. & cert. ef. 11-17-09; DOT 2-2010, f. & cert. ef. 7-30-10; DOT 5-2011, f. & cert. ef. 12-22-11; DOT 6-2013, f. & cert. ef. 12-20-13; DOT 3-2015, f. & cert. ef. 12/17/2015; DOT 2-2017, temporary amend filed 09/27/2017, effective 10/06/2017 through 04/04/2018; DOT 2-2018, amend filed 03/20/2018, effective 3/20/2018; DOT 1-2020, amend filed 01/24/2020, effective 1/24/2020

Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816 OL 2005

Statutes/Other Implemented: ORS 367.080 - 367.086, Ch. 816 OL 2005 & Ch. 750 OL 2017