Or. Admin. Code § 738-125-0035

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

Section 738-125-0035 - Project Eligibility, Prioritization, and Legislative Reporting

(1) Department will review all grant applications received by the grant deadline date established by Department to ensure that both the municipality and the proposed project meet all program requirements.

(2) Applications associated with revenues derived from fuel taxes as per ORS 319.020 will be forwarded to selection review committee for review and ranking prior to submittal to the Oregon Aviation Board for final review and selection; the criteria specified in ORS 367.084(3) apply to the review process of the review committee:

(a) Whether a proposed project reduces transportation costs for Oregon businesses or improves access to jobs and sources of labor;

(b) Whether a proposed project results in an economic benefit to this state.

(c) Whether a proposed project is a critical link connecting elements of Oregon's transportation system that will measurably improve utilization and efficiency of the system;

(d) How much of the cost of a proposed project can be borne by the applicant for the grant or loan from any source other than the Multimodal Transportation Fund.

(e) Whether a proposed project is ready for construction.

(f) Whether a proposed project has a useful life expectancy that offers maximum benefit to the state.

(3) The review committee shall recommend applications to the State Aviation Board, which shall select applications with the following priority:

(a) First, to applications to assist airports in Oregon with match requirements for Federal Aviation Administration Airport Improvement Program grants;

(b) Second, to applications filed with respect to safety and infrastructure development;

(c) Third, to applications filed with respect to aviation-related economic benefits related to airports.

(4) Applications for FAM Grant distributions may not be approved unless the applicant demonstrates a commitment to contribute at least five percent of the costs of the project to which the application relates.

(5) FAM grants will be distributed for the following purposes:

(a) To assist airports in Oregon with match requirements for Federal Aviation Administration Airport Improvement Program grants.

(b) To make grants for emergency preparedness and infrastructure projects, in accordance with the Oregon Resilience Plan, including grants for emergency management plan development, seismic studies and emergency generators and similar equipment.

(c) To make grants for services critical or essential to aviation, including, but not limited to, fuel, sewer, water and weather equipment.

(d) Aviation-related business development, including, but not limited to, hangars, parking for business aircraft and related facilities.

(e) Airport development for local economic benefit, including, but not limited to, signs and marketing.

(6) After all items in sections (2) through (5) have been met or adequately addressed:

(a) First priority will be given to those projects which address airport minimum standard deficiencies listed in the current OAP. These will be further prioritized according to the extent to which they:

(A) Ensure geographic coverage;

(B) Leverage federal funds;

(C) Consider the costs and benefits of improvements;

(D) Demonstrate local support by:

(i) Existence of airport zoning;

(ii) Availability of local match;

(iii) Maintenance commitment;

(E) Show the potential for expansion, both on and off airport, as defined by applicant's current ALP;

(F) Support economic development;

(G) Provide adequate surface access to airport;

(H) Environmentally impact the airport; and

(I) Enhance any emergency role of the airport.

(b) Second priority will be given to projects which do not address airport minimum standard deficiencies. These will also be further prioritized according to the extent to which they meet the criteria listed in (6)(a)(A)-(I) above.

(c) Consistent with sections (6)(a) and (6)(b) above, the following are examples of projects eligible for FAM grants:

(A) Developing an airport business plan;

(B) Developing or updating an ALP;

(C) Developing or updating a Master Plan;

(D) Developing or updating a Land Use Plan;

(E) Acquiring land to develop or improve aircraft landing facilities, including protecting against encroachment or environmental problems and acquiring "runway safety zones" and "runway protection zones". (A FAM grant for land acquisition shall be limited to the appraised value, unless a different value is judicially established following condemnation proceedings.);

(F) Acquiring easements or other interests in airspace, as may be reasonably required to safeguard aircraft operations in the vicinity of an aircraft landing facility as published in Federal Aviation Regulations (FAR) Part 77;

(G) Grading and drainage needed to construct or reconstruct runways, taxiways or aprons;

(H) Constructing or reconstructing runways, taxiways or aircraft parking aprons;

(I) Removing obstructions from runway protection zones or other safety areas affecting the airport;

(J) Installing or replacing "segmented circle airport marker systems" and "lighted wind cones" as defined in current FAA directives;

(K) Installing or replacing runway, taxiway, boundary, obstruction, beacon or apron security lights, together with directly related electrical equipment;

(L) Installing or replacing security or game deterrent fencing;

(M) Marking runways, taxiways and aprons for safety purposes;

(N) Air navigational facilities;

(O) Constructing terminal or maintenance buildings or hangars;

(P) Constructing air cargo facilities at airports;

(Q) Seal-coating runways, taxiways and aprons;

(R) Constructing or purchasing aviation-related, income-producing facilities that will be owned by the municipality, including but not necessarily limited to cardlock or retail aviation fuel facilities;

(S) Purchasing aircraft rescue and firefighting equipment;

(T) Purchasing snow removal equipment, tractors or mowers subject to subsection (g) below; and

(U) Improving infrastructure for aviation related development.

(d) Minimum dimensional standards for non-AIP projects at general aviation airports shall conform to those included in OAR 738-020-0020, as depicted for general aviation community airports.

(e) All airport projects shall be designed consistent with projected needs as shown on the airport's current ALP.

(f) Projects for improvements to facilities under exclusive lease or monopoly control of private persons or entities are not eligible for projects located on airports recognized as NPIAS.

(g) In the case of projects listed in (6)(e)(T), the applicant shall identify in the FAM grant application the percentage of anticipated on-airport and off-airport use of the equipment. The FAM grant funding grant offer percentage for the equipment shall not exceed the percentage estimated for on-airport use, not to exceed $150,000.

(7) The State Aviation Board shall submit reports, in the manner provided in ORS 192.245 and subsections (a) and (b) of this section, that describe in detail the projects for which applications have been submitted and approved, the airports affected, the names of the applicants and the persons who will perform the work proposed in the applications, the progress of projects for which applications have been approved and any other information the board considers necessary for a comprehensive analysis of the implementation of this section. The reports described in this section shall be submitted:

(a) Not later than February 10 of each year to the committees of the Legislative Assembly related to air transportation; and

(b) Not later than September 30 of each year to the interim committees of the Legislative Assembly related to air transportation.

Or. Admin. Code § 738-125-0035

AVIA 2-2004, f. & cert. ef. 5-24-04; AVIA 2-2016, f. & cert. ef. 5/26/2016

Stat. Auth.: ORS 835.035, 835.040, 835.112

Stats. Implemented: ORS 835.015, 835.025, 836.015, 836.070, 319.020