Title 184 · ORS Chapter 184

195.115; �� (b) Provide a cash match of at least 40 percent of the project�s costs; and �� (c) Provide any other information required by the commission. �� (3) Notwithstanding subsection (

Citation: ORS 195.115

Section: 195.115

195.115;

�� (b) Provide a cash match of at least 40 percent of the project�s costs; and

�� (c) Provide any other information required by the commission.

�� (3) Notwithstanding subsection (2) of this section, by rule, the commission may reduce the amount the applicant must provide for a cash match.

�� (4) The commission shall prioritize the expenditure of funds as authorized under this section for projects that are located within a two-mile radius of a school that serves students in prekindergarten, kindergarten or grades 1 through 12, or any combination of those grade levels.

�� (5) The matching grants shall be used to reduce barriers and hazards to children walking or bicycling to and from school, including but not limited to safety improvement projects that:

�� (a) Improve sidewalks;

�� (b) Reduce vehicle speeds;

�� (c) Improve pedestrian and bicycle crossings; or

�� (d) Create or improve bicycle lanes.

�� (6) The commission may adopt rules specifying the application process and the selection criteria that will be used in awarding matching grants. [2017 c.750 �123; 2023 c.400 �1]

(Day-Use Parking Passes for State Parks)

�� 184.745 Website information on purchase of state park day-use passes. The Department of Transportation and the State Parks and Recreation Department shall work together to add a link from the Department of Transportation website to a State Parks and Recreation Department webpage that provides information about how to purchase day-use parking passes. [2015 c.54 �1]

�� 184.746 Duties of State Parks and Recreation Department. (1) As used in this section, �state agency� means any officer, board, commission, department, division or institution in the executive branch of state government.

�� (2) The State Parks and Recreation Department shall coordinate with the Department of Transportation to make informational brochures, applications and other materials about how to purchase day-use parking passes available at any field office of the Department of Transportation where applications for driver licenses or vehicle registrations are accepted.

�� (3) The State Parks and Recreation Department shall also coordinate with other state agencies to provide website links, informational brochures, applications and other materials about how to purchase day-use parking passes. [2015 c.54 �2]

(Design Practices)

�� 184.748 Transportation design practices. The Department of Transportation shall implement transportation design practices that follow the concept of practical design. Practical design standards should incorporate maximum flexibility in application of standards that reduce the cost of project delivery while preserving and enhancing safety and mobility. [Formerly 184.886]

�� 184.750 [1971 c.319 �1; 1977 c.267 �1; 1977 c.661 �3; 1981 c.784 �19; 1985 c.740 �11; 1987 c.320 �144; 1989 c.116 �1; 1991 c.122 �6; 1991 c.402 �4; renumbered 409.010 in 1991]

(Public Transportation Service Providers)

�� 184.751 Statewide Transportation Improvement Fund. (1) The Statewide Transportation Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Statewide Transportation Improvement Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Transportation to finance investments and improvements or to maintain existing public transportation services, except that the moneys may not be used for light rail capital expenses but may be used for light rail operation expenses.

�� (2) The Statewide Transportation Improvement Fund consists of:

�� (a) All moneys received from the tax imposed under ORS 320.550;

�� (b) Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly;

�� (c) Moneys transferred to the fund under ORS 184.642, 323.455 or 323.457 (1)(d) and (2)(b);

�� (d) Distribution repayments, if any; and

�� (e) Other moneys deposited in the fund from any source.

�� (3) Unless approved by the department, the moneys in the Statewide Transportation Improvement Fund may not be used to supplant local and regional agency moneys currently directed to public transportation service providers. [2017 c.750 �122L; 2018 c.93 �33; 2020 s.s.1 c.15 �3; 2020 s.s.1 c.15 �4]

�� 184.752 Definitions. As used in ORS 184.752 to 184.766:

�� (1) �Public transportation service provider� includes a qualified entity and a city, county, special district, intergovernmental entity or any other political subdivision or municipal or public corporation that provides public transportation services and is not otherwise described in subsection (2) of this section.

�� (2) �Qualified entity� means the following:

�� (a) Counties in which no part of a mass transit district or transportation district exists;

�� (b) Mass transit districts organized under ORS 267.010 to 267.394;

�� (c) Transportation districts organized under ORS 267.510 to 267.650; and

�� (d) Federally recognized Indian tribes. [2017 c.750 �122m]

�� 184.755 [1971 c.319 �2; 1977 c.267 �2; renumbered 409.100 in 1991]

�� 184.757 [1985 c.740 �2; 1987 c.60 �1; 1989 c.224 �12; 1989 c.834 �10; renumbered 409.410 in 1991]

�� 184.758 Distribution of moneys from Statewide Transportation Improvement Fund; rules. (1) The Oregon Transportation Commission shall distribute the moneys in the Statewide Transportation Improvement Fund established under ORS 184.751 to the Department of Transportation to pay for:

�� (a) Program administration; and

�� (b) Projects of statewide significance that support the transit network and manage the operation of public transportation services.

�� (2) The moneys described in subsection (1) of this section that remain after the distribution of moneys described in subsection (1) of this section shall be distributed as follows:

�� (a) Conditioned upon the commission�s approval of a public transportation improvement plan, 90 percent to qualified entities;

�� (b) Five percent to public transportation service providers based on a competitive grant program adopted by the commission by rule;

�� (c) Four percent to public transportation service providers to provide funding assistance to cover the costs of improving public transportation services between two or more communities; and

�� (d) One percent to the Department of Transportation to establish a statewide public transportation technical resource center, the purpose of which is to assist public transportation service providers in rural areas with technical assistance, training, transportation planning and information technology.

�� (3) A portion of the 90 percent distribution under subsection (2)(a) of this section shall be dedicated to transit services for older adults and individuals with disabilities. Each biennium the commission shall first distribute the moneys transferred to the fund under ORS 184.751 as needed to maintain funding that benefits older adults and individuals with disabilities in the amount distributed during the 2019-2021 biennium. Each biennium thereafter, the commission shall adjust this amount upward or downward based on the rate of growth or decline of the Statewide Transportation Improvement Fund. Moneys dedicated to transit services for older adults and individuals with disabilities under this subsection shall be distributed as follows:

�� (a) Each transportation district and mass transit district shall receive that share of the moneys as the population of the counties in which the district is situated, determined under ORS 190.510 to 190.610 last preceding apportionment of the moneys, bears to the total population of this state. However, if two or more districts are situated in a single county, distribution of moneys under this subsection shall be determined as though only the mass transit district is located in that county or, if there are two or more transportation districts in the county, as though only the transportation district with the highest population is located in that county.

�� (b) Each county in which no part of a mass transit district or transportation district is located shall receive that share of the moneys as its population, determined under ORS 190.510 to 190.610 last preceding apportionment of the moneys, bears to the total population of this state.

�� (c) Each federally recognized Indian tribe shall receive that share of the moneys as the population of the tribe residing in Oregon, determined by the commission by rule, bears to the total population of this state.

�� (4) Each qualified entity under subsection (3) of this section shall receive an annual target amount of $67,700. Each biennium, the commission shall adjust this amount upward or downward based on the rate of growth or decline of the Statewide Transportation Improvement Fund.

�� (5) After a portion of the 90 percent distribution under subsection (2)(a) of this section is distributed to transit services for older adults and individuals with disabilities under subsection (3) of this section, the commission shall distribute the remaining amount to qualified entities as follows:

�� (a) Each distribution must be in such shares that the amount of tax paid, as required under ORS 320.550, in the area of each qualified entity bears to the total amount of the tax paid statewide, provided that each qualified entity receives an annual target amount of $100,000. Each biennium, the commission shall adjust this amount upward or downward based on the rate of growth or decline of the Statewide Transportation Improvement Fund.

�� (b) If more than one mass transit district or transportation district is located within a single county, the commission shall distribute the moneys to the larger district.

�� (6) The commission shall adopt by rule:

�� (a) A competitive grant program, by which a public transportation service provider may apply for a percentage distribution under subsection (2)(b) of this section, and the terms and conditions of grants.

�� (b) A competitive grant program, by which a public transportation service provider may apply for a percentage distribution under subsection (2)(c) of this section, and the terms and conditions of grants.

�� (c) A process to review and approve a public transportation improvement plan submitted under subsection (7) of this section.

�� (d) Procedures for appealing a rejection of a public transportation improvement plan submitted under subsection (7) of this section.

�� (e) Any other provisions or procedures that are necessary for the commission to carry out the provisions of ORS 184.758 to 184.766.

�� (7) To be eligible to receive a percentage distribution under subsection (2)(a) of this section, a qualified entity shall prepare and submit a public transportation improvement plan to the commission. The commission must approve the plan submitted by the qualified entity before the commission may make a percentage distribution to the qualified entity.

�� (8) At a minimum, a public transportation improvement plan submitted under this section must include:

�� (a) For each proposed project, the amount of moneys from the percentage distribution that would be allocated to the project to fund the following:

�� (A) Increased frequency of bus service schedules in communities with a high percentage of low-income households;

�� (B) Procurement of buses that are powered by natural gas or electricity for use in areas with a population of 200,000 or more;

�� (C) Implementation of programs to reduce fares for public transportation in communities with a high percentage of low-income households;

�� (D) Expansion of bus routes and bus services to reach communities with a high percentage of low-income households;

�� (E) Improvement in the frequency and reliability of service connections between communities inside and outside of the qualified entity�s service area;

�� (F) Coordination between public transportation service providers to reduce fragmentation in the provision of transportation services;

�� (G) Implementation of programs to provide student transit services for students in grades 9 through 12; and

�� (H) Services for older adults and people with disabilities;

�� (b) For the current fiscal year, a summary of any plans and project proposals approved by an advisory committee under ORS 184.761; and

�� (c) If a qualified entity was a recipient of a percentage distribution in the preceding fiscal year, the amount of moneys received from the distribution that were allocated to a project for the purposes described under paragraph (a) of this subsection.

�� (9) If practicable, as determined by the commission by rule each qualified entity shall spend at least one percent of the amount received each year under subsection (2)(a) of this section to implement programs to provide student transit services for students in grades 9 through 12.

�� (10) After the commission makes a distribution under subsection (2) of this section, qualified entities may enter into intergovernmental agreements under ORS chapter 190 to combine the moneys received for public transportation improvements.

�� (11) If the commission rejects a public transportation improvement plan or a grant application submitted under this section, the commission shall notify the entity or provider in writing and state the reasons for the rejection.

�� (12) The Department of Transportation shall make all grant applications submitted under this section available to the public. [2017 c.750 �122n; 2018 c.93 �34; 2020 s.s.1 c.15 �5]

�� 184.759 [1985 c.740 �3; 1987 c.60 �2; renumbered 409.420 in 1991]

�� 184.760 [1971 c.319 �3; 1977 c.267 �8; renumbered 409.130 in 1991]

�� 184.761 Review process; advisory committees; rules. (1) The governing body of each qualified entity shall appoint an advisory committee to advise and assist the governing body in prioritizing plans or projects to be funded from the moneys received from a percentage distribution under ORS 184.758 to public transportation service providers that provide services within the jurisdiction of the qualified entity.

�� (2) Before receiving funding for a project under ORS 184.758 (2)(a), a public transportation service provider that provides services shall submit a plan or project proposal to the governing body of the qualified entity and receive the advisory committee�s approval of the plan or project proposal. The plans or project proposals submitted under this subsection must describe how the funds would be used. Client-only projects, as defined by the Oregon Transportation Commission by rule, may be eligible for consideration if the project is part of a planned and coordinated community transportation program.

�� (3) An advisory committee appointed under this section shall review every plan or project proposal required under subsection (2) of this section and may propose any changes to the policies or practices of the governing body relating to the distribution of funding under ORS 184.758 (2)(a) and that the advisory committee considers necessary to ensure that:

�� (a) A public transportation service provider that has received funding under ORS 184.758 (2)(a) has applied the moneys received in accordance with and for the purposes described in the provider�s plan or project proposal; and

�� (b) A plan or project proposal submitted by a public transportation service provider does not fragment the provision of public transportation services.

�� (4) The Oregon Transportation Commission shall adopt by rule:

�� (a) Requirements for the composition of an advisory committee appointed under this section;

�� (b) Criteria that must be included in a plan or project proposal required under subsection (2) of this section; and

�� (c) A process by which an advisory committee shall review and approve a plan or project proposal.

�� (5) Notwithstanding subsection (1) of this section, the governing bodies of two or more qualified entities may appoint advisory committee members to a joint advisory committee under conditions determined by the commission by rule. [2017 c.750 �122o; 2018 c.93 �42; 2020 s.s.1 c.15 �6]

�� 184.765 [Formerly 176.630; 1977 c.267 �10; renumbered 409.150 in 1991]

�� 184.766 Qualified entities; reports; rules. (1) Every qualified entity that receives a percentage distribution under ORS