justicedao/ipfs_state_laws huggingface dataset:
813-140-0050 Eligible Applicants and Eligible Projects (1) Eligible applicants include local governments and nonprofit and for-profit organizations. (2) To be eligible for funding, a proposed project must meet the following criteria: (a) The project must be located within the urban growth boundary of an incorporated city in this state, or in an Urban Unincorporated Community, Rural Community, or Rural Service Center that is served by a community sewer system and/or water system. (b) The project must achieve at least one of the following three main purposes found in ORS 458.725: (A) Promoting affordable housing near jobs or transit, developments near jobs and transportation; (B) Revitalizing downtowns and community centers; and (C) Rebuilding rural and distressed economies. (c) The project must demonstrate financial feasibility and soundness based on cash flow projections or documentation submitted with the application. (d) The project must promote achievement of at least one of the Governor’s “Six Budget Principles.” (e) The project must comply with local comprehensive plans and land use ordinances or other regional or local plans. (f) The project sponsor must demonstrate capacity (including capacity provided by outside consultants or developers) to fully implement the project as documented in application materials. (g) The project must be locally supported and serve to further the community's goals related to livability and growth. (h) The for-profit developer that is or will be the owner of the project must demonstrate investment or equity in the project. (3) Eligible projects include, but are not limited to, a development project that has joint public and private sponsorship and/or ownership. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 6-2008, f. & cert. ef. 6-23-08 Reverted to OHCS 17-2006, f. & cert. ef. 9-15-06 OHCS 15-2007(Temp), f. & cert. ef. 12-18-07 thru 6-14-08 OHCS 17-2006, f. & cert. ef. 9-15-06 OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06 OHCS 16-2002, f. & cert. ef. 11-25-02 OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02
813-140-0060 Funding Preferences Among proposed projects that meet the requirements of OAR 813-140-0050, preference will be given to projects that meet one or more of the following categories: (1) Are designed in a manner that maximizes long-term sustainability through use of recycled materials, attention to energy efficiency, and long term economic viability of the project; (2) Further the economic vitality of the local community; (3) Address a specific unmet need for affordable housing; (4) Leverage, to the maximum extent, public and private funding sources (including tax incentives), as demonstrated by local and/or private commitment and investment; (5) Are designed in a manner to be consistent with or complementary to the character of the surrounding community or neighborhood; and/or (6) Demonstrate ability to expend Incentive Fund resources within 12 months after award. In the event there are insufficient moneys in the Incentive Fund to meet all otherwise qualified pending applications, the department may provide loans in part or for all of the amount requested based on the number of the categories listed above that a proposed project falls within. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 17-2006, f. & cert. ef. 9-15-06 OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06 OHCS 16-2002, f. & cert. ef. 11-25-02 OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02
813-140-0080 Rating Criteria In addition to evaluation of a proposed project's compliance with the requirements of OAR 813-140-0050 and taking into consideration the preferences set forth in 813-140-0060, the evaluation of a proposed project may include, but is not limited to, consideration of the following: (1) Any conditional or firm funding commitments or efforts to work with other funders to leverage all available resources; (2) The readiness of the project to proceed once financing has been committed by the Department; (3) In comparison with other proposed projects, the greatest impact on communities; (4) Demonstration of realistic financial assumptions, including the need for a loan guarantee or grant funds, and the ability to repay loans; (5) The strength of the development team as it relates to the scope of the project; (6) Community support for the project as demonstrated by funding or fee waivers, resolution of support, or participation of community groups; and (7) Appropriateness and uniqueness of the design of the project in relation to fulfilling the goals of the project and matching the context of the community. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 17-2006, f. & cert. ef. 9-15-06 OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06 OHCS 16-2002, f. & cert. ef. 11-25-02 OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02
813-140-0096 Application Process for Funding from Housing Preservation Community Incentive Fund (1) All housing projects financed by OHCS with HUD Section 8 rental assistance contracts that have been renewed or will be renewed are eligible to apply for funding from the Community Development Incentive Project Fund. (2) An applicant for funding from the fund shall submit an application for funding to the Department on the form provided by the Department. (3) If the Department determines that funding is needed for financing developments because other state or private financing sources are inadequate or unavailable, unless the Department determines that financing is needed for the purpose of preserving affordable housing, the Department shall submit a funding application under section (2) of this rule to the Community Development Incentive Advisory Board for its review and recommendation. (4) An application for funding that has been reviewed by the board under section (3) of this rule is subject to the Department’s approval or disapproval after the Director has reviewed the Board’s recommendation. The Department’s determination under this section is subject to its evaluation of the application on the basis of applicable statutory criteria. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 4-2012, f. & cert. ef. 4-11-12 OHCS 10-2011(Temp), f. & cert. ef. 10-17-11 thru 4-12-12 OHCS 2-2010, f. & cert. ef. 1-7-10 OHCS 6-2008, f. & cert. ef. 6-23-08
813-140-0100 Award (1) The Director shall announce the applicants receiving Fund awards. An applicant who receives a Fund award will be issued a reservation and conditional award. (2) Except upon the written approval of the Department, no moneys will be disbursed from the Fund until all conditions of the reservation and conditional award (including submission of the required documents) have been met to the satisfaction of the Department. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 16-2002, f. & cert. ef. 11-25-02 OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02
813-140-0105 Application Process for Large Community Incentive Fund (1) The application process for obtaining a grant or loan from the Fund may involve, but is not limited to, a competitive review process, a first come-first reviewed process, or such expedited process as is necessary or appropriate to further the goals of the Fund. (2) An applicant must contact the appropriate Department Regional Advisor to the Director to discuss its proposal (See Program Overview). The Regional Advisor to the Director will provide technical assistance; input on the viability of the project; and will work with the applicant to analyze and project the financial needs to determine the appropriate mix of grants and/or loans. (3) An applicant must submit its application in a manner satisfactory to the Department. The Regional Economic Revitalization Team which may choose to consult with other regional partnerships in areas where partnerships exist, and Oregon Economic and Community Development Department financial reviewers may review the applicants. This review may include a pre-screening for fatal application flaws that on the face of the application do not meet the requirements of these rules as well as an in-depth review. (4) The applications that, in the judgment of the Regional Economic Revitalization Team, best meet Fund thresholds and preferences (see Program Overview and application materials), will be submitted to the Department along with comments from the reviewers in the Regional Economic Revitalization Team. The number of applications submitted to the Department may be limited at the discretion of the Director. (5) The Department will forward a description of the projects, along with comments from the Regional Economic Revitalization Team, to the Board for their consideration. At the same time, a committee of representatives from the Regional Economic Revitalization Teams, in conjunction with the Department’s senior management, will develop a funding proposal. A finalized funding proposal will be presented to the Director and the Board for their review and recommendations. (6) Projects will be selected for financing which, in the judgment of the Board (as evidenced by its recommendations to the Director) and the Director best achieve the purposes of the Incentive Fund based on the criteria outlined in OAR 813, division 140. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 17-2006, f. & cert. ef. 9-15-06 Renumbered from 813-140-0070, OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06 OHCS 16-2002, f. & cert. ef. 11-25-02 OHCS 7-2002(Temp), f. & cert. ef. 5-30-02 thru 11-25-02
813-140-0110 Small Community Incentive Fund (1) The Small Community Incentive Fund may provide loans and grants to eligible projects which require a financial incentive or gap financing. The maximum amount of financing that may be provided by the Small Community Incentive Fund for a project, whether in the form of a grant or loan or a combination of both, is $80,000. (2) In order to be eligible for financing by the Small Community Incentive Fund, a project must meet the parameters described in the previous sections of the rule with the following exceptions: (a) The project must be located within the urban growth boundary of an incorporated Oregon city, or in an Urban Unincorporated Community, Rural Community, or Rural Service Center that is served by a community sewer system and/or a community water system. (b) The project must achieve at least one of the three objectives of ORS 458.725(1) through (3). (3) The Department may make the following types of loans: (a) Predevelopment loans which shall be fully secured with collateral acceptable to the Department and shall: (A) Not accrue interest and have a term not to exceed 6 months, or (B) Accrue interest at the rate of 1% per annum and have a term of more than 6 months but not to exceed 12 months. (b) Short-term 1-5 year loans which shall accrue interest at the rate of 3% per annum, have a term not to exceed five years, and require a minimum annual payment of interest. (4) The Regional Economic Revitalization Team will determine at the local level the process for evaluating applications, including use of a first-come, first-served or competitive process (see Overview). The Regional Economic Revitalization Team for the region in which a project is located and other experts as appropriate will review the funding requests for projects in its region. The Regional Economic Revitalization Team will determine if other Economic Revitalization Team agency resources are available to fund a project and if so, will direct the applicant to the appropriate agency. The Regional Economic Revitalization Team will, in evaluating the project, consider factors such as how well a project meets the Fund's threshold criteria, the Fund's preferences, and the financial feasibility of the project. Projects selected by the Regional Economic Revitalization Team will be forwarded to the Department, along with the Regional Economic Revitalization Team's comments and recommended conditions of award. The forwarded projects will be submitted to the Board. The Board will provide comments to the OHCS director before funding approval is made. The Director, or his designee, shall make all final funding determinations and announce conditional awards. Statutory/Other Authority: ORS 458.705 - 458.740 Statutes/Other Implemented: ORS 458.705 - 458.740 History: OHCS 17-2006, f. & cert. ef. 9-15-06 OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06 OHCS 16-2002, f. & cert. ef. 11-25-02 OHCS 11-2002(Temp), f. & cert. ef. 9-5-02 thru 11-25-02
813-140-0120 Waiver The Department may waive or modify any requirements of OAR 813, division 140, unless such waiver or modification would violate applicable federal or state statutes or regulations. Statutory/Other Authority: ORS 90.800 - 90.840, 90.630, 183, 446, 456.515 - 456.723 & 458.210 - 458.650 Statutes/Other Implemented: ORS 456.579 - 456.581 History: OHCS 17-2006, f. & cert. ef. 9-15-06 OHCS 5-2006(Temp), f. & cert. ef. 3-29-06 thru 9-24-06
813-145-0000 Purpose and Objectives The purpose of OAR chapter 813, division 145 of the administrative rules is to implement the Emergency Solutions Grant (ESG) program. Funding for ESG comes from federal funds authorized by the McKinney-Vento Homeless Act, as established in 24 CFR 576. The purpose of ESG is to fund local homeless programs that assist households, who are homeless or at risk of homelessness, to attain housing stability Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 24 CFR 576 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 11-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02 Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2002, f. & cert. ef. 5-15-02 OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02
813-145-0010 Definitions Terms used throughout this division (OAR 813-145) may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions, except as defined below: (1) "At risk of homelessness" is defined in 24 CFR 576.2. (2) "ESG" means the Emergency Solutions Grant program administered by OHCS pursuant to this division and other applicable law. (3) "ESG Manual" or "Program manual" means the Emergency Solutions Grant Operations Manual, as referenced in OAR 813-145-0015. (4) "ESG requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the ESG Manual requirements; and applicable state, local, and federal laws and requirements. (5) "ESG services" means services as defined in OAR 813-145-0030 and the ESG Manual, which are eligible activities with ESG funding. (6) "Homeless" is defined in 24 CFR 576.2. (7) "Homeless Management Information System" or "HMIS" is defined in 24 CFR 576.2. (8) "Household" means an individual living alone, a family with or without children or a group of individuals who are living together as one economic unit. (9) "Household annual income" is defined in 24 CFR 5.609. (10) “Subgrantee” means person, entity, or party that enters into a contract, loan agreement, or grant agreement directly with OHCS to receive funds to administer the ESG Program. (11) “Subrecipient” means organization as defined in ORS 458.610(6) that works with, collaborates with, or enters into a direct agreement with the subgrantee to provide services under the ESG Program. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 24 CFR 576 & 24 CFR 5.609 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020 OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 11-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02 Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2002, f. & cert. ef. 5-15-02 OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02
813-145-0015 Manuals Effective on July 1, 2025, the Emergency Solutions Grant Program Operations Manual (ESG Manual) with the requirements and standards therein, is incorporated into and adopted as part of division 813-145-0015 of the department's administrative rules, 813-145-0000 to 813-145-0080. The ESG Manual, dated July 1, 2023, previously incorporated into and adopted as part of these administrative rules remains in effect until July 1, 2025, on which date it is repealed. The ESG Manual may be accessed online at the OHCS website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 24 CFR 576 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023 OHCS 21-2020, amend filed 10/27/2020, effective 10/27/2020 OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020
813-145-0020 Administration (1) OHCS may contract with subgrantees to provide eligible ESG services (see OAR 813-145-0030) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. (2) OHCS will allocate ESG funds to all eligible subgrantees through a formula established by OHCS in accordance with ORS 456.555(8) and 24 CFR 24 CFR 576.400(a). The Department will make this formula available to each Continuum of Care prior to allocating fund. (a) Jurisdictions that receive ESG funding directly from Housing and Urban Development will be excluded from the funding allocation formula. (b) If a subgrantee has not invoiced OHCS for 100 percent of its previous grant year’s allocation, following the 60th day after the end of that grant’s expenditure period, OHCS may proportionately reduce the subgrantee’s current grant year’s funding allocation. (c) If any subgrantee has its grant year allocation reduced, OHCS may redistribute those funds to the CAAs that do not have a reduced funding. (d) For funding that is a part of a remediation plan with Housing and Urban Development, OHCS reserves the right to deallocate and redistribute funds at its sole discretion. (3) A subgrantee may enter into agreements or collaborate with subrecipients to provide eligible ESG services in the subgrantee’s service area. (4) Subgrantees shall, at a minimum, provide ESG services to eligible applicants or households and meet ESG requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing. (5) Subgrantee representatives must attend and participate in ESG-related training made available or conducted by OHCS, when required. (6 ) A designated portion of ESG funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 24 CFR 576 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 11-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02 Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2002, f. & cert. ef. 5-15-02 OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02
813-145-0026 Applicant Eligibility (1) ESG services shall be made available to households who meet eligibility requirements as outlined in the ESG Manual, including but not limited to: (a) An income within limits for applicable ESG services as defined in the ESG Manual; and (b) Are homeless or at risk of homelessness. (2) Specific requirements and documentation to provide proof of eligibility for ESG services are detailed in the ESG Manual. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 24 CFR 576 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 18-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 11-2015, f. & cert. ef. 8-25-15
813-145-0030 Use of Funds (1) Use of ESG funds must be in compliance with ESG requirements for eligible households. (2) To the extent of available funding, eligible ESG services include, but are not limited to: (a) Street outreach; (b) Emergency shelter; (c) Homelessness prevention; (d) Rapid re-housing; and (e) HMIS. (3) A subgrantee will provide matching funds for ESG through cash or in-kind contributions equal to the amount of ESG funds received from OHCS, in accordance with ESG requirements and limited match requirement exceptions, therein. Matching funds must be from U.S. Housing and Urban Development (HUD) allowable sources identified in the funding application and approved by OHCS. Statutory/Other Authority: ORS 458.555 Statutes/Other Implemented: 24 CFR 576 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019 Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02 Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2002, f. & cert. ef. 5-15-02 OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02
813-145-0040 Application for Funding; Funding Agreement (1) Prior to providing any ESG services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative and is considered operative for two fiscal years. (2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to ESG funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS. (3) OHCS will not approve any application for funding unless it meets ESG sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all ESG requirements and any other standards, goals, and requirements established by OHCS. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 24 CFR 576 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 11-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02 Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2002, f. & cert. ef. 5-15-02 OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02