(2) In each calendar year the percentage rate of the fee required to be paid shall be determined by orders entered by the department on or after March 1 of each year, and notice thereof shall be given to each railroad. Such railroad shall pay to the department the fee or portion thereof so computed upon the date specified in such notice, which date shall be at least 15 days after the date of mailing such notice.
(3) Fifty percent of the cost of carrying out the duties, functions and powers imposed upon the department by ORS 824.200 to 824.256 shall be paid from the Grade Crossing Protection Account.
(4) The department shall determine the gross operating revenues derived within this state in the preceding calendar year by Class I railroads as a whole and by other railroads individually subject to the following limitations:
(a) The total of the fees payable by Class I railroads shall not exceed thirty-five hundredths of one percent of the combined gross operating revenues of Class I railroads derived within this state. The fee paid by each Class I railroad shall bear the same proportion to the total fees paid by Class I railroads as such railroad’s share of railroad-highway crossings, track miles and gross operating revenues derived within the state, weighted equally, bears to the total amount of Class I railroad-highway crossings within the state, track miles within the state and gross operating revenues derived within the state.
(b) The fees payable by other railroads shall not exceed thirty-five hundredths of one percent of any such railroad’s gross operating revenues.
(5) Payment of each fee or portion thereof provided for in subsections (1) to (4) of this section shall be accompanied by a statement verified by the railroad involved showing its gross operating revenues upon which such fee or portion thereof is computed. This statement shall be in such form and detail as the Department of Transportation shall prescribe and shall be subject to audit by the department. The department may refund any overpayment of any such fee in the same manner as other claims and expenses of the department are payable as provided by law. [1995 c.733 §§29,30]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Section 824.010 - Annual fees payable by railroads; audit.
Section 824.014 - Railroad Fund; sources; use.
Section 824.016 - State Rail Rehabilitation Fund; use.
Section 824.018 - Grade Crossing Protection Account; use; limits.
Section 824.019 - Grade Crossing Safety Improvement Fund.
Section 824.020 - Definitions for ORS 824.020 to 824.042.
Section 824.026 - Railway inspectors required; powers and duties.
Section 824.030 - Annual report to department; penalty.
Section 824.040 - Government acquisition of lines; permitted actions.
Section 824.052 - Track clearances.
Section 824.056 - Walkway standards; rules; variances.
Section 824.058 - Track improvement and rehabilitation program.
Section 824.062 - Equipment required on track motor cars.
Section 824.064 - Self-propelled vehicles used in yards or terminals.
Section 824.066 - Helper unit operation restrictions.
Section 824.068 - Water quality standards for locomotives.
Section 824.082 - Notice of movement of hazardous materials; confidentiality of notice information.
Section 824.086 - Designation of hazardous materials and notice requirements; rules.
Section 824.100 - Definitions for ORS 824.102 to 824.110.
Section 824.200 - Definitions for 824.200 to 824.256.
Section 824.204 - Authority to construct grade crossings; protective devices.
Section 824.214 - Procedure to obtain permission for crossings; rules.
Section 824.216 - Procedure to compel compliance with orders.
Section 824.222 - Authority over duration that grade crossing may be blocked; penalty.
Section 824.228 - Procedure for determining mode of track crossing of intersecting railroads.
Section 824.230 - Installation of protective devices where railroads intersect at grade.
Section 824.238 - Division of costs between railroad and public authority.
Section 824.240 - Payment when public highway involved.
Section 824.242 - Apportionment of costs for installation of protective devices.
Section 824.244 - Apportionment of costs for maintenance of protective devices.
Section 824.248 - Apportionments for crossings above or below grade.
Section 824.250 - Apportionment when federal funds available.
Section 824.252 - Procedure when disagreement as to apportionment exists.
Section 824.254 - Reimbursement procedure for railroad and public authority.
Section 824.304 - Guarding frogs, switches and guardrails.
Section 824.306 - Shelter of car repairers.
Section 824.308 - Railroads to provide first aid training for employees.
Section 824.400 - Passenger rail plan.
Section 824.410 - Quarterly report to Legislative Assembly.
Section 824.420 - Cascades Rail Corridor.
Section 824.430 - Annual report to Legislative Assembly.