Or. Admin. Code § 732-044-0050 - Capital Asset Requirements

(1) Recipients shall ensure Satisfactory Continuing Control of a Capital Asset purchased or leased in whole or part with STIF funding throughout its useful life or until disposition.

(2) Recipients shall inventory Capital Assets purchased or leased in whole or part with STIF moneys. The inventory will include a description of the Capital Asset, date of purchase or lease, purchase price, amount of STIF moneys contributed to the purchase or lease, the source of other funds, the authorized use, the Recipient or Sub-Recipient using the Capital Asset, and the condition of the asset.

(a) If Capital Asset is a vehicle, the inventory must include the size of vehicle, the total number of passenger seats, the total number of ADA stations, the total number of seats when all ADA stations are deployed, the current mileage, and its current condition.

(b) If Capital Asset is an improvement to real property, such as a facility, building, or transit shelter, the inventory must include the location of the Capital Asset and its current condition.

(3) Vehicles may be replaced using STIF funding only if:

(a) Recipient holds clear title to the vehicle(s) being replaced. Salvage titles will not be accepted.

(b) The vehicle(s) has met the useful life guidelines established by Agency.

(c) The vehicle has not been previously replaced.

(4) To be eligible to receive discretionary STIF moneys to acquire vehicle(s), a Public Transportation Service Provider shall demonstrate in its grant application and grant agreement that the Recipient or Sub-Recipient who will acquire the Capital Asset has committed to continually use the vehicle for the approved purpose for the useful life of the vehicle(s).

(5) To be eligible to receive discretionary STIF moneys for a real property Capital Asset, such as a transit facility, bus barn, maintenance facility, land, or administration building, a Public Transportation Service Provider shall demonstrate in its grant application one or more of the following:

(a) Recipient or Sub-Recipient ownership of the property upon which the Capital Asset will be located;

(b) Recipient or Sub-Recipient possession of an executed lease agreement for the property location that will be in place for the useful life of the Capital Asset;

(c) Recipient or Sub-Recipient possession of an executed lien on the property for the useful life of the Capital Asset;

(d) In the case of a Project which will utilize property owned by a local city, county or government, an executed intergovernmental agreement with the property owner guaranteeing ongoing use for the duration of the useful life of the Capital Asset; or

(e) In the case of a Project to purchase land, an option to purchase the land identified in the Project.

(6) Recipients shall:

(a) Establish useful life standards for Capital Assets acquired pursuant to their discretionary grant agreements which meet or exceed the duration of those established by the Agency.

(b) Use the Agency's published procedures or substantially similar procedures and ensure that Sub-Recipients use the same procedures for the disposition of Capital Assets acquired with STIF moneys.

(c) Retain the net proceeds from a sale or other disposition of a Capital Asset to reinvest in a future STIF capital Project or return the net proceeds to the Agency. Net proceeds are the asset's original value less disposal proceeds, depreciation, and disposal costs. If non-STIF funds were used in the original purchase, then only the proportion representing STIF contribution to the purchase is subject to this rule.

(d) Establish written procedures to ensure that a Capital Asset is maintained in safe operating condition.

(e) Maintain insurance coverage, or require Sub-Recipients to maintain insurance coverage, that meets or exceeds the standards in ORS 806.070.

(f) Ensure that vehicles purchased in whole or in part with STIF moneys are titled with the Oregon Department of Transportation Driver and Motor Vehicle Services Division pursuant to ORS 803.045 and supporting rules, with the Agency listed as the primary security interest holder, subject to the following additional requirements:

(A) If the vehicle is registered in the name of a Sub-Recipient receiving the vehicle, and the Sub-Recipient is not a Qualified Entity or Public Transportation Service Provider, then the Qualified Entity or Public Transportation Service Provider must be listed on the vehicle title as the secondary security interest holder.

(B) If the vehicle was purchased with federal funds in addition to STIF moneys, and the federal funding source requires the vehicle to be titled otherwise than provided in this rule, then the federal titling requirements prevail.

(7) A Recipient shall notify the Agency of the sale, transfer or other disposition of a Capital Asset purchased with discretionary STIF moneys and shall report the use of proceeds, if any, from the sale to the Agency.

(8) Capital Assets purchased in whole or part with STIF discretionary moneys must be managed as described in this rule, unless otherwise specified in a written grant agreement approved by the Agency.

Notes

Or. Admin. Code § 732-044-0050

PTD 1-2018, adopt filed 06/26/2018, effective 7/1/2018; PTD 5-2020, amend filed 09/23/2020, effective 9/23/2020

Statutory/Other Authority: ORS 184.619, 184.658 & 184.761

Statutes/Other Implemented: ORS 184.751-184.766