Or. Admin. Code § 732-005-0010 - Definitions
The following definitions apply to rules in chapter 732 divisions 5, 10, 20 and 30:
(1)
"Administration" means the essential activities incurred by the STF Agency:
receiving, disbursing and accounting for STF moneys.
(2) "Administrative Allotment" means a fixed
amount, disbursed annually to a STF Agency, for Administration.
(3) "Advisory Committee" means a committee
appointed by a STF Agency to advise and assist the STF Agency in carrying out
the purposes of the Special Transportation Fund.
(4) "Capital equipment" means tangible
property having a useful life of more than one year and with an acquisition
cost of more than $5,000. Examples include and are not limited to: vehicles,
buildings, and passenger shelters. Aggregated purchases, e.g., groups of
computers and communication equipment purchased as a single procurement, even
if delivered and paid for individually, are treated as capital if the total
cost exceeds $5,000.
(5)
"Coordination" means working cooperatively with Providers and other individuals
and agencies representing people unable to drive, low-income, Elderly and
People with Disabilities, to more effectively apply funding and other resources
to meet common transportation needs. Coordination actions may reduce
duplication of service, reduce cost, increase service levels or make services
more widely available in a community.
(6) "Disabled," also "People with
Disabilities" or "Individual with Disabilities" means a person or persons who,
by reason of illness, injury, advanced age, congenital malfunction, or other
permanent or temporary incapacity, have a physical or mental impairment that
substantially limits one or more of their major life activities. This
definition does not include substance abuse disorders resulting from the
current illegal use of drugs.
(7)
"Discretionary Account" means a Special Transportation Fund account for
distribution of the remaining cigarette tax receipts and other revenues
contributed to the STF set aside following distribution of the Formula
Allocation, Minimum Allocation and Administrative Allotment.
(8) "Discretionary Grant" means a grant award
from the Discretionary Program.
(9)
"Discretionary Program" means a program financed by the Discretionary Account
that may be offered by the Division to support Projects benefiting the Elderly
and People with Disabilities.
(10)
"District" means a mass transit district organized under ORS
267.010 to
267.390 or a transportation
district organized under ORS
267.510 to
267.650.
(11) "Division" means the Oregon Department
of Transportation, Public Transit Division.
(12) "Elderly" also "Seniors" means
individuals who are 60 years of age or older.
(13) "Formula Allocation" means an amount of
STF moneys made available to a STF Agency on the basis of the STF Agency's
share of resident population in proportion to the population of the state as a
whole.
(14) "Formula Program" means
the program of regular distribution of STF moneys from the Division to the STF
Agencies that is composed of the Formula and Minimum Allocations, plus the
Administrative Allotment.
(15)
"Incidental Use" means a use of a Project that is not the primary purpose of
the Project.
(16) "Indian Tribe"
means a federally recognized Indian Tribe in Oregon that has members residing
on a reservation or tribal trust lands in Oregon.
(17) "Minimum Allocation" means a minimum
annual amount for which each STF Agency will be eligible, composed of the
Formula Allocation moneys plus moneys from the Discretionary Account sufficient
to equal the Minimum Allocation.
(18) "Operations" means provision of
transportation services.
(19)
"Operating Expense" means the costs associated with the provision of
transportation services. Operating Expense does not include expense associated
with procuring or leasing capital equipment. Common Operating Expenses include,
and are not limited to: personnel, insurance, utilities, vehicle and facility
maintenance, professional and technical services, security, fuel and tires,
purchased transportation services, personnel training, communication and
technology maintenance, marketing/public information, and planning integral to
the provision of transit services.
(20) "Oregon Transportation Commission" means
a commission established under ORS
184.612.
(21) "Project" means a Public Transportation
System or Service, a Capital Item or any associated activity including, but not
limited to, planning and needs assessment, training, and research and that
falls within the purposes defined in OAR
732-005-0016.
(22) "Provider" means a city, county,
district, Indian tribe, or any other person or agency, whether public or
private, that maintains, operates, or sponsors vehicles and facilities for
Public Transportation Services for profit or on a nonprofit or voluntary
basis.
(23) "Public Transportation
Services" means any form of passenger transportation by car, bus, rail or other
conveyance, either publicly or privately owned, which provides service to the
general public (not including charter or sightseeing or exclusive school bus)
on a regular and continuing basis. Such transportation may include services
designed to meet the needs of a specific user group, including for the Elderly
and People with Disabilities, and for purposes such as health care, shopping,
education, employment, public services, personal business or
recreation.
(24) "Recipient" means
a city, county, transportation district, mass transit district, county service
district, Indian tribe, public or private non-profit corporation, or other
person or agency, that is in receipt of STF moneys to finance in whole or part
a Project for the elderly and people with disabilities.
(25) "Representative of Disabled Persons"
means an individual who is familiar with the needs of People with Disabilities
and is knowledgeable or aware of the transportation needs of People with
Disabilities.
(26) "Representative
of Elderly Persons" means an individual who is familiar with the needs of the
Elderly and is knowledgeable or aware of the transportation needs of the
Elderly.
(27) "Special
Transportation Fund for Elderly and Disabled" also "STF" means moneys generated
by a tax on cigarettes, or from other sources, appropriated to the Division for
distribution to STF Agencies for the purpose of financing and improving
transportation programs and services for the Elderly and People with
Disabilities.
(28) "Special
Transportation Fund Operating Grants" also "STO Grants" means moneys
appropriated from the Oregon General Fund to the Division for distribution to
STF Agencies for the purpose of financing Operating Expenses that provide
access to Transportation Systems and Services for Seniors and Individuals with
Disabilities.
(29) "STF Agency"
means the mass transit district, transportation district, county in which no
part of a mass transit or transportation district is located or Indian tribe
that is eligible to receive STF and STO moneys directly from the
Division.
(30) "STF Plan" means a
plan developed by the STF Agency to guide the investment of STF moneys over at
least a three year period.
(31)
"STF Program" means a set of policies and procedures that guide the expenditure
of STF moneys to benefit transportation services for the Elderly and People
with Disabilities.
(32)
"Transportation Service" means a project that provides rides or improves access
to rides for seniors and individuals with disabilities.
(33) "Transportation System" means one or
more transit services that are operated in coordination with each other, and
when viewed as a whole, offers access to Transportation Service appropriate to
the individual.
(34) "User of
Transportation Services" means a person who is Elderly or a Person with
Disabilities and who makes use of transportation programs and services for the
Elderly and People with Disabilities financed in whole or part with STF
moneys.
Notes
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830, Ch 910 OL 2009
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