Current through Register Vol. 63, No. 3, March 1, 2024
(1) Capital Items may be purchased with STF
moneys:
(a) Incidental Use of a Capital Item
for other Public Transportation Services is authorized if associated with
Coordination to benefit the Elderly and People with Disabilities; and
(b) The Incidental Use will not substantially
reduce the effective use of the Capital Item for the Elderly and People with
Disabilities.
(2) The
STF Agency will inventory the Capital Items purchased in whole or part with STF
moneys. The inventory will include date of purchase, purchase price, percentage
of STF moneys contributed to the purchase, the source of other funds, the
authorized use and the Recipient using the Capital Item.
(3) The STF Agency will maintain continuing
control of a Capital Item purchased in whole or part with Formula Program
during the period of useful life established in accordance with subsection
(4)(a) of this rule. The STF Agency may exert continuing control beyond the
period of useful life, under its own authority. Continuing control is defined
as use, management and disposal of a Capital Item.
(4) STF Agencies will use their own
procedures for continuing control, excepting where specified by this section.
At a minimum, STF Agencies will:
(a) Establish
minimum useful life standards for Capital Items:
(A) Useful life may be based on standards for
depreciation established by the Internal Revenue Service or other standard in
reference to the specific type of capital; and
(B) For vehicles, the definition of useful
life will be consistent with the policy established by the Division for
vehicles financed with federal grant funds;
(b) Use the STF Agency's own procedures for
disposal of a Capital Item;
(c)
Return the net proceeds from a sale of a Capital Item to the local STF. If
other funds were used in the purchase, then only the proportion representing
STF participation will be returned to the STF;
(d) Establish procedures to ensure that a
Capital Item is maintained in safe operating condition, as
appropriate;
(e) Establish
procedures for transfer of a Capital Item to an eligible Recipient;
(f) Establish procedures for lease of a
Capital Item to a Recipient;
(g)
Establish insurance requirements adequate to protect the interests of the
Transportation Users, the Recipient and the STF Agency, as
appropriate;
(h) Ensure that
facilities and real property will be used for the originally authorized purpose
by use of a restrictive deed covenant, as feasible and appropriate;
and
(i) Ensure that vehicles
purchased in whole or in part with STF moneys are registered with the Oregon
Department of Transportation Driver and Motor Vehicle Services Division in the
name of the STF Agency or in the name of the Recipient receiving the equipment:
(A) If the vehicle is registered in the name
of the Recipient receiving the equipment, and that Recipient is not the STF
Agency, the STF Agency will be listed on the vehicle title as security interest
holder;
(B) For leased vehicles,
the lease will be recorded on the vehicle title, in accordance with Oregon
Department of Transportation Driver and Motor Vehicle Services Division
procedures;
(C) Vehicles purchased
with other local, state or federal funds in addition to STF moneys will be
titled in accordance to the requirements of the specific source. The STF Agency
will be listed on the title as a security interest holder; and
(D) The STF Agency may release their security
interest in the vehicle after the defined period of useful life is
past.
(5) The
STF Agency will notify the Division of the sale or transfer of the Capital Item
purchased with STF moneys and will report the use of proceeds from the
sale.
(6) The Division may
establish requirements for Capital items purchased with Discretionary Program
moneys, including and not limited to:
(a) A
minimum threshold of insurance coverage,
(b) Annual inspections of vehicles used for
Public Transportation Programs; and
(c) A requirement that the use of facilities
and real property will be secured by a restrictive deed covenant, as feasible
and appropriate.
Stat. Auth.: ORS
184.616,
184.619 &
391.810
Stats. Implemented: ORS
391.810 -
391.830