Oregon Administrative Rules
Chapter 330 - DEPARTMENT OF ENERGY
Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM
Section 330-225-0070 - Technical Review

Universal Citation: OR Admin Rules 330-225-0070

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Once the applicant has paid the technical review fee, the department will conduct a technical review of transit services project applications advanced from the completeness review process. If the applicant does not submit the required technical review fee to the department within 21 calendar days of mailing of the notification for technical review, the department may deny the application.

(2) The department will review the information provided in the application against industry standards to determine whether the service will operate as represented by the applicant.

(3) To be eligible the transit services must meet the following requirements:

(a) The project must meet the requirements of the statutes, these rules and the Opportunity Announcement. Transit services may operate for a period of less than five years.

(b) The applicant must be the owner, contract purchaser or project lessee at the time of the project's performance.

(c) The applicant must be a recipient or sub-recipient of state or federal funds for the transit services included in the application.
(A) "Recipient" refers to the entity that directly receives funds from the state or federal agency for transit services.

(B) "Sub-recipient" refers to the entity that directly receives state or federal funds from a recipient for transit services. Vendors or contractors of recipients who are not an owner, contract purchases or lessee of the project are not considered sub-recipients and may not submit applications.

(4) The department will review transit services costs for eligibility. If a cost is eligible under the agreement that qualifies the applicant as a recipient or sub-recipient, it will be considered a qualifying service cost. The application must document cost by providing a line item budget.

(a) Transit services cost may include:
(A) Costs for all materials and supplies needed for the performance of the proposed transit services;

(B) Cost of work performed by employees or independent contractors of the applicant based on the following conditions:
(i) Employees or contractors must be certified, accredited, licensed or otherwise qualified to do the work;

(ii) The work must be associated with the performance of the transit services for which state or federal funds were received;

(iii) Fiscal administration costs, which may include accounting, auditing, contract management and fiscal reporting expenses and other similar costs for the transit services may not exceed 20 percent of the eligible costs; and

(iv) Costs for employees' or contractors' work on the transit services must be detailed and documented as to specific tasks, hours worked and compensation costs. This cost may include employee benefits and taxes.

(C) Costs of training associated with the transit services that is approved by the department; and

(D) Other costs the department determines should be included.

(b) Qualifying transit services cost does not include items that are ineligible under the standards for federal Office of Management and Budget Circular A-87 as in effect on May 10, 2004 or A-122 as in effect on May 10, 2004.

(5) If an application does not include all information needed to complete the technical review, the department may notify the applicant in writing, requesting additional information. If the department does not receive the requested information within 30 calendar days of the date of the notice, the department may deny the application.

(6) The department will notify the applicant in writing if the department denies the application during the technical review.

(7) If the technical review determines that inaccurate information was submitted by the applicant during the allocation of tax credits, the department may reduce the amount of potential tax credit allocated to the applicant.

Stat. Auth.: ORS 469.040 & 469B.347

Stats. Implemented: ORS 469B.320-469B.347, 315.336 & OL 2012 Ch. 45

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