justicedao/ipfs_state_laws huggingface dataset:
690-090-0019 Loan Advisory Board (1) The director shall appoint a loan advisory board to review applications made under ORS 541.700 through 541.855 and pursuant to these rules and make recommendations thereon to the director. The members appointed to the board shall be subject to the approval of the commission. (2) At least five but not more than seven members shall be appointed to the loan advisory board. The board shall be composed of individuals with expertise in and representing interests of one or more of the following: instream flow and watershed enhancement, finance or banking, project development, agriculture, and local government operations. (3) Before appointing a member to the board, the director shall mail notice to all persons and organizations which have filed with the department a written request to be included on the mailing list maintained for the Water Development Loan Fund program. (4) Appointments to the board are not limited to individuals submitted for consideration as a result of the solicitation process set forth in (3) above. (5) Each member shall serve at the pleasure of the director and be appointed to serve a two-year term. The term may exceed two years, at the discretion of the director, until such time as a successor is appointed and qualified. The director may provide administrative facilities and services for the board. (6) The director shall annually appoint a chair of the board. The chair or chair’s designee shall preside over all board meetings. An affirmative act of the majority of the appointed members shall be required to act on a loan recommendation. (7) The director shall select a department employee to serve as secretary to the board. (8) The board shall hold public meetings at the call of the director. The chair and secretary shall set the date, time and place of meetings. The agenda for each meeting shall be prepared by the secretary and the chair and shall include all matters to come before the board at the meeting. The secretary shall send the agenda, the staff loan recommendation and any related material to members and the applicant at least one week prior to a meeting. (9) Meetings may be run informally by the chair. The chair or chair’s designee shall sign all board documents unless a member or the secretary is allowed by a board vote to do so. (10) The director shall make public notice of each loan advisory board meeting as provided in OAR 690-090-0035. (11) The board shall hear comments on any matter before it. The board may set time limits on comments. (12) After its review, the board shall advise the director in writing whether the project complies with OAR 690, division 090 and recommend the amount in which any loan should be made. The director may accept, modify or reject the recommendation of the board. Statutory/Other Authority: ORS 541 Statutes/Other Implemented: ORS 541.700 - 541.855 History: WRD 3-1997, f. & cert. ef. 4-15-97
690-090-0035 Notice and Public Meetings (1) The director shall make public notice of each application within one week of receipt and at least 14 days prior to the public meeting as provided in OAR 690-090-0019. The notice shall contain a summary of the application including the names of the applicants, the location, nature and any new water appropriations required by the proposed project. (2) The notice shall be mailed to all persons and organizations which have filed a written request for notices with the department and shall be posted at the department. (3) Individuals or groups wishing to comment on an application shall do so to the director in writing within 14 days following the date of mailing the notice if they wish their comments to be considered. (4)(a) The director shall call a public meeting on an application as provided in OAR 690-090-0019. (b) Such meeting shall be conducted according to procedures described in ORS Chapter 192 and OAR 690-090-0019. Statutory/Other Authority: ORS 183 & 541 Statutes/Other Implemented: ORS 541.700 - 541.855 History: WRD 3-1997, f. & cert. ef. 4-15-97 WRD 15-1988, f. & cert. ef. 9-20-88 WRD 8-1986, f. & ef. 6-18-86 WRD 9-1982, f. & ef. 8-9-82 WRD 1-1982, f. & ef. 1-11-82 WRD 1-1978, f. & ef. 2-13-78
690-090-0036 Fees and Charges In accordance with ORS 541.710(2) and 541.730(2), the applicant shall pay the commission for costs incurred in connection with the application and administrative expenses incurred in operating the loan program. Applicants shall pay the following charges: (1) An application fee as fixed by statute. As used in this rule, “application” shall include requests to assume, transfer or increase an existing loan. (2) A loan processing fee initially set at $1,000 or one percent of the loan request, whichever is greater, up to $10,000, or such other amount as may be established by order of the commission. The fee shall be used to reimburse the director for costs incurred in connection with processing the loan request but may not constitute the full amount due. Such costs shall include, but are not limited to, loan processing cost including staff time, credit reports, appraisal fees, technical reviews, expert advice, legal fees, inspections and disbursement costs. After the director has been reimbursed for all costs related to processing the loan, the applicant shall be reimbursed any funds remaining without interest. In the event the loan processing fee and the application fee referred to in this subsection are inadequate to cover the cost of processing the loan, the director shall advise the applicant of the additional amounts needed to complete loan processing and the applicant shall submit that amount at such time as the director specifies. (3) Administrative expenses incurred in administering the loan, in excess of any fees and charges, shall be collected through interest and any other charges specified in the loan contract executed by the applicant and the director in accordance with ORS 541.730(2). (4) The interest rate on a loan shall be that rate in effect for the type and size of loan on the date of the note or other evidence of indebtedness. However, an interest rate set in an executed loan commitment shall not be increased without either the applicant’s consent or provisions therefore in the loan contract. Revolving loan contracts may provide for rates to be changed upon issue of permanent bonds. Statutory/Other Authority: ORS 541 Statutes/Other Implemented: ORS 541.710 & 541.730 History: WRD 3-1997, f. & cert. ef. 4-15-97
690-090-0038 Appeal Process (1) If the director rejects a loan application or approves a loan amount different than that requested by the applicant, the applicant may file an appeal to the commission. The commission may reverse, modify or affirm the director’s action on the loan application. (2) An appeal of the director’s action shall be initiated by the applicant no later than 30 days after the applicant receives notice of the director’s action under ORS 541.710 or 541.720. Statutory/Other Authority: ORS 541 Statutes/Other Implemented: ORS 541.710 & 541.720 History: WRD 3-1997, f. & cert. ef. 4-15-97
690-090-0045 Issuance of Bonds (1) Requests to issue bonds to finance water development loans may be made to the State Treasurer by the commission as the commission finds necessary. (2) The director shall act on behalf of the commission at bond sales to accept or reject bid offerings on bonds to finance water development loans. Statutory/Other Authority: ORS 183 & 541 Statutes/Other Implemented: ORS 541.780 - 541.815 History: WRD 3-1997, f. & cert. ef. 4-15-97 WRD 15-1988, f. & cert. ef. 9-20-88 WRD 8-1986, f. & ef. 6-18-86
690-090-0050 Loan Servicing (1) The director or the director’s designee may conduct periodic inspections of water projects. (2) The director shall issue to the borrower satisfactions of mortgage or liens as appropriate when the accounts or liens are paid in full. (3) The director may negotiate for the release and exchange of security as required to maintain the solvency of the project and program. (4) The director may purchase personal property insurance as needed to protect security and may add the cost of such insurance to the borrowers’ account to the extent allowed in the loan documents. Statutory/Other Authority: ORS 183 & 541 Statutes/Other Implemented: ORS 541.730 - 541.740 History: WRD 3-1997, f. & cert. ef. 4-15-97 WRD 15-1988, f. & cert. ef. 9-20-88
690-090-0055 Collection of Delinquencies The director may use any of the following methods to collect delinquent accounts, unless otherwise precluded by specific loan contract provisions: (1) Establish and impose a late charge as provided for in the individual loan agreements, contracts, or as negotiated in extension agreements. (2) Enter into extension agreements as allowed by the loan agreement, bond indentures, and opinions of the Attorney General. (3) Issue a demand letter at default as determined by the loan agreement or the note and mortgage. At expiration of the demand letter the director may: (a) Refer the file to the Oregon Department of Justice for legal action; and (b) Accept an estoppel deed in lieu of foreclosure after determining that it is in the best interest of the State to do so. (4) Enter bids at sheriff’s sales to purchase real and personal property in order to protect the State’s interest. (5) Refer the account to the Oregon Department of Justice for action in bankruptcy proceedings. (6) Enter into agreements for receivership as recommended by the Attorney General’s Office. (7) Assign to the Oregon Department of Justice the pursuit of a writ of mandamus requiring the borrower to increase assessments, user charges or other revenue pledged for repayment to adequately facilitate repayment of the loan or bond obligation. (8) Nothing in this section shall limit the authority granted to the commission by ORS 541.740. Statutory/Other Authority: ORS 183 & 541 Statutes/Other Implemented: ORS 541.740 History: WRD 3-1997, f. & cert. ef. 4-15-97 WRD 15-1988, f. & cert. ef. 9-20-88
690-090-0060 Property Management The Director may initiate any of the following actions in order to protect the State’s interest in property owned by the Fund: (1) Enter into service contracts to establish value of security for the management of farm operations, servicing, repairing and securing personal property. (2) Enter into federal subsidy contract programs. (3) Advertise state-owned property for sale in the appropriate media. (4) Accept or reject offers to purchase property held by the Fund and extend counteroffers. (5) Provide warranty deeds, bargain and sale deeds, or satisfactions of mortgage, as appropriate. (6) Establish interest rates that will be required on contracts of sale of state-owned property. (7) Negotiate Commodity Certificates issued by federal subsidy programs. (8) Reserve mineral rights as defined in ORS 273.775(1) and geothermal rights as defined in 273.775(2). (9) Make claims of risk management as appropriate for losses to state-owned property under Department of General Services guidelines. (10) Enter into lease, lease purchase, or rent agreements. (11) Sell or release property as necessary to provide for the solvency of the Fund. (12) Apply for, transfer, abandon, or sell water rights on state-owned property as allowed by governing statutes and rules. (13) Extend a grace period as appropriate for late payments. Statutory/Other Authority: ORS 183 & 541 History: WRD 15-1988, f. & cert. ef. 9-20-88
690-093-0010 Purpose The purpose of OAR 690-093 is to establish a means for state government to support the development of water resource projects having economic, environmental and community benefits. The rules establish procedures and requirements for the funding of water resources projects from the Water Supply Development Account established in ORS 541.656. Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15
690-093-0030 Authorized Use of Funds (1) The Department may expend moneys from the Water Supply Development Account for: (a) Subject to subsection (3) of this section, making loans and grants to evaluate, plan and develop instream and out-of-stream water development projects approved by the Water Resources Commission, including but not limited to projects that: (A) Repair or replace infrastructure to increase the efficiency of water use; (B) Provide new or expanded water storage; (C) Improve or alter operations of existing water storage facilities in connection with newly developed water; (D) Create new, expanded, improved or altered water distribution, conveyance or delivery systems in connection with newly developed water; (E) Allocate federally stored water; (F) Promote water reuse; (G) Promote water conservation; (H) Provide streamflow protection or restoration; (I) Provide for water management or measurement in connection with newly developed water; and (J) Determine seasonally varying flows in connection with newly developed water. (b) Paying the necessary administrative and technical costs of the Department in carrying out OAR 690-093. (2)(a) In addition to any other permissible uses of moneys in the account, the Department may expend moneys from the account to support: (A) Ongoing studies conducted by the United States Army Corps of Engineers to allocate stored water; and (B) Comprehensive basin studies conducted by the United States Bureau of Reclamation. (b) Expenditures described in this subsection are not subject to any grant or loan procedures, public benefit scoring or ranking or other requirements or restrictions for grants or loans established under this administrative rule. (3) The Department may expend account moneys under subsection (1) of this section for loans and grants to develop instream and out-of-stream water development projects only if the Department determines under ORS 540.530 that any transfer of water rights for the project will not injure existing water rights. (4) The Commission is not required to obligate all available account moneys during a funding cycle. Any available account moneys that are not obligated during a funding cycle shall be carried forward and be made available for projects in future funding cycles. Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15
690-093-0040 Loan and Grant Applicant Eligibility (1) Parties eligible for a loan or grant under these rules include persons, Indian tribes, and non-profit organizations. (2) If an applicant is required to have a water management and conservation plan as prescribed by a condition of a water use permit; a permit extension; or another order or rule of the Commission, the plan must be submitted to the Water Resources Department and receive approval prior to Department acceptance of an application for a loan or grant from the account. Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15
690-093-0050 Pre-Application Conferences (1) A pre-application conference may be requested by prospective applicants. (2) The Department may request, and the applicant must provide 14 days prior to the conference, adequate project information to prepare for the pre-application conference. (3) At the pre-application conference, the Department shall inform the prospective applicant of: (a) The procedural and substantive requirements of a loan or grant application; (b) The scoring system used to evaluate loan and grant requests; and (c) Any known issues associated with project eligibility for a loan or grant from the account. (4) The prospective applicant may request additional pre-application consultation with the Department. Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15
690-093-0060 Application Submission Periods (1) The Department shall accept an application for a loan or grant at any time, but shall establish a yearly deadline for the consideration of a pool of applications. (2) The Department will conduct a preliminary review of the application for completeness, eligibility and for sufficiency of information to determine benefits and outcomes as listed in OAR 690-093-0090 Scoring and Ranking and OAR 690-093-0100 Project Selection. (3) Applications not funded during one annual period may be resubmitted in a future period. Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15
690-093-0070 Application Requirements (1) Applications for a loan or grant from the Water Supply Development Account must be in a form prescribed by the Water Resources Department and must include the following: (a) A description of the need, purpose and nature of the project, including what the applicant intends to complete and how the applicant intends to proceed; (b) Sufficient information to allow evaluation of the application based upon the public benefit scoring and ranking of the project; (c) Current contact information for the principal contact, fiscal officer and involved landowners; (d) For applications involving physical changes or monitoring on private land, evidence that landowners are aware of and agree to the proposal and are aware that monitoring information is a public record; (e) The location of the proposed project, using public land survey reference points, latitude and longitude, county, watershed, river and stream mile, if appropriate; (f) An itemized budget for the project, including fiscal and administrative costs; (g) A description of funds, services or materials available to the project; (h) A project schedule, including beginning and completion dates; (i) Any conditions that may affect the completion of the project; (j) A completed feasibility analysis if appropriate; (k) Suggestions for interim and long-term project performance benchmarks; (l) If the application is for a grant, demonstrated in-kind and cash cost match of not less than 25 percent of the amount of the grant sought from the account; (m) If the application is for a loan, evidence demonstrating ability to repay the loan and provide collateral; (n) Letters of support for the proposed project; (o) If required by the Department, a description of consultations with affected Indian tribes regarding the project; and (p) Any other information required by the Department. (2) Applications determined to be ineligible, incomplete or that provide insufficient information shall be returned to the applicant. Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15
690-093-0080 Public Comment (1) The Department shall provide public notice and a 60-day period for public comment prior to initial scoring by the Technical Review Team by posting applications passing an initial review on the Department’s website. (2) Additional public comment will be sought by the Commission after rankings are published and prior to a final decision on an application. Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15
690-093-0100 Project Selection (1) The Commission shall select projects for funding which have the greatest public benefit and will achieve the outcomes listed in subsection (3) of this section. (2) Project evaluation shall include: (a) The public benefit in three categories: (A) Economic; (B) Environmental; and (C) Social or cultural. (b) Equal importance of each of the three categories of public benefit; and (c) Consideration of both positive and negative effects of the projects. (3) The Commission will consider the following in its determination of eligible projects that will receive funding: (a) The issuance of grants or loans only to projects that provide benefits in each of the three categories of public benefit described in (2)(a) of this section; (b) Preference for partnerships and collaborative projects; (c) The funding of projects of diverse sizes, types and geographic locations; (d) If a project proposes to divert water, preference for projects that provide a measurable improvement in protected streamflows; and (e) If a project proposes to increase efficiency, preference for projects that provide a measurable increased efficiency of water use. Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15
690-093-0120 Demonstration of Public Benefits of Project (1) A project that receives a loan or grant from the Water Supply Development Account must: (a) Demonstrate social or cultural benefits and economic benefits sufficient to qualify the project under the scoring and ranking system described in OAR 690-093-0090; and (b) Except as otherwise provided in ORS 541.681, demonstrate environmental benefits: (A) By dedicating 25 percent of conserved water or newly developed water, that will be protected by the Department, to instream use; or (B) By demonstrating environmental benefits that are sufficient to qualify the project under the scoring and ranking system described in OAR 690-093-0090. (2) To establish that a project complies with subsection (1)(b) of this section, the loan or grant recipient may include water dedicated to instream use as a result of the conditions of federal, state or local permits for the project. Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15
690-093-0150 Agreements and Conditions (1) Before loan or grant moneys are expended from the Water Supply Development Account for the construction of a project, the recipient must obtain all applicable local, state and federal permits. (2) Project materials must include a notation indicating that Water Resources Department funding was used for the project. (3) The loans or grants may be conditioned to require that the recipient complete and operate the funded project as described in the loan or grant application. The Department may require that before commencing the operation of a project funded with account moneys, the funding recipient demonstrate that the public benefits identified for the project, including any environmental benefits proposed at a location other than the project site, will be realized in a timely fashion. (4) At regular intervals, and upon completion of the project, the loan or grant recipient must submit updates to the Department that describe the completed work, the public benefits achieved and project expenditures. (5) The recipient must regularly measure and report the water diverted and used from the project. The Department shall make the final determination regarding the method, timing, frequency and location of measurement. (6) The recipient must monitor, evaluate and maintain the project for the life of the loan, or for a specified number of years for a grant, and provide annual progress reports to the Department. (7) The Department may impose other project specific conditions by noting the conditions during project evaluation and including the condition in the funding agreement for the project. (8) The Department may terminate, reduce or delay funding for a project if the loan or grant recipient fails to comply with any provision of subsections (1) to (7) of this section. Statutory/Other Authority: ORS 541.651 - 541.696 Statutes/Other Implemented: ORS 541.651 - 541.696 History: WRD 6-2015, f. & cert. ef. 7-2-15