Okla. Admin. Code § 730:40-5-3

Current through Vol. 41, No. 19, June 17, 2024

Section 730:40-5-3 - Requirements and criteria

The Department shall develop a certification of verification that shall satisfy all requirements of the Tax Commission pertaining to the eligibility of the person claiming the credit.

(1) Cross tie project applications shall be for a ratio equivalent to a minimum of 500 ties per track mile. Qualified expenditures for a cross tie project shall include but not be limited to items such as engineering costs, materials, labor, equipment and freight.

(2) Bridge project applications shall identify improvements that qualify the bridge for a minimum 286,000 pound rating. Applications shall also include a Professional Engineers report which has been stamped to validate the structural integrity of the improvement to be made. Qualified expenditures for a bridge project shall include but not be limited to items such as engineering costs, bridge materials, labor, equipment and freight.

(3) Replacement of a bridge structure with a culvert will require plans certified by a Professional Engineer. The plans are to be filed with the application identifying the specifications that must be met to accommodate a 286,000 pound rating and that proper hydraulic specifications have been maintained.

(4) Rail replacement projects for a main line track shall have a minimum rail weight of 110 pounds per foot and new ties. All replacement rail must be classified as New Rail, Number 1 Rail or Number 2 Rail relay rail. A siding or industrial lead project may use Number 1 relay ties.

(5) Maintenance means: Track Maintenance project will consist of expenditures incurred by the railroad in the normal course of day to day operations of the railroad. Qualified expenditures shall include inspections, tie and rail replacement not covered in paragraph (1) and (4), bridges, mowing, spraying and all other material, labor, equipment and freight required to keep the railroad operational.

(6) Crossings: eligible crossing projects will consist of expenditures incurred by the railroad at the intersection of any railroad to roadway, public or private. Qualified expenditures shall include but not limited to items such as engineering costs, materials, labor, equipment and freight.

(7) Natural disasters: eligible natural disasters projects will consist of expenditures incurred by the railroad because of the natural disaster. Qualified projects shall have been caused by floods, fire, tornados, earthquakes or other acts of God or when a local, state or national emergency declaration is made in the area the railroad operates in. Qualified expenditures shall include but not limited to items such as engineering costs, material, labor, equipment and freight.

Okla. Admin. Code § 730:40-5-3

Added at 23 Ok Reg 429, eff 11-16-05 (emergency); Added at 23 Ok Reg 2879, eff 6-25-06

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021