justicedao/ipfs_state_laws huggingface dataset:
123-140-0020 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. For purposes of this division of administrative rules, unless the context demands otherwise: (1) "Applicant" means any public or private entity that is eligible under OAR 123, division 140 to receive an OBCF loan or grant and that has control over or access to a brownfields site, except those entities that may potentially be liable under CERCLA, or are currently suspended or debarred from receiving federal funding, or are otherwise declared ineligible. (2) "Brownfields" means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. (3) "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act (42 United States Code 9601) as amended by the Small Business Liability Relief and Brownfields Revitalization Act (P.L. 107-118), and any subsequent amendments. (4) "Fund" means the Oregon Coalition Brownfields Cleanup Fund. (5) "Non-profit Organization" means as defined at Section 4(6) of the Federal Financial Assistance Management Improvement Act of 1999 except those non-profit organizations described in Section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act of 1995. (6) "Program" means the Oregon Coalition Brownfields Cleanup Fund Program (7) "Project" means under this division those remedial ad/or removal action activities identified in the Contract for which the Recipient may expend, obligate or commit funds to address cleanup of a brownfields. (8) "Recipient" means an Applicant that has been awarded an OBCF grant or loan for a Project. (9) "Remedial and/or Removal Actions" means those eligible cost activities listed in the Program Guidelines and Application Handbook. (10) "Site" means the parcel or parcels of real property on which the funded activities will be performed; (11) "USEPA" means the Environmental Protection Agency of the United States federal government. Statutory/Other Authority: ORS 285A.190 & 285A.192 & 285A.075 Statutes/Other Implemented: ORS 285A.190 History: OBDD 39-2010, f. 10-29-10, cert. ef. 11-1-10 OBDD 19-2010(Temp), f. & cert. ef. 5-21-10 thru 11-17-10 OBDD 8-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06
123-140-0030 Eligible Applicants and Activities (1) Eligible loan applicants are any public, private, or Non-Profit organization with control over or access to a brownfields site, except those entities which are potentially liable under CERCLA, or which are currently suspended, debarred from receiving federal funding, or are otherwise declared ineligible. (2) Eligible grant applicants are any public or Non-Profit organization that owns a brownfields at the time the grant is awarded, except those entities which are potentially liable under CERCLA, which are currently suspended, debarred from receiving federal funding, or are otherwise declared ineligible. (3) Eligible and ineligible activities are defined in CERCLA and in USEPA's Revolving Loan Fund Administrative Manual (October 2004), as well as subsequent revisions or editions of such guidelines. Statutory/Other Authority: ORS 285A.190 & 285A.192 & 285A.075 Statutes/Other Implemented: ORS 285A.190 History: OBDD 39-2010, f. 10-29-10, cert. ef. 11-1-10 OBDD 19-2010(Temp), f. & cert. ef. 5-21-10 thru 11-17-10 OBDD 8-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06
123-140-0040 Program Information (1) The Department shall prepare program guidelines, application forms and other supplemental program information to help eligible Applicants seek financing and prepare loan and/or grant applications for the Fund. (2) Program guidelines as prepared under section (1) of this rule shall include, but not be limited to, an explanation of project eligibility, applicant eligibility, types of financial assistance, loan rates and terms, borrowing guidelines, public notification process, procurement requirements, contract administration, federal crosscutting requirements and environmental review process. (3) In addition to this division of administrative rules, the Department shall administer the Fund in compliance with the requirements of CERCLA, as amended, and CERCLA’s applicable rules, guidelines and requirements from USEPA. (4) For purposes of land use coordination, any Project activity paid for with Program funds that affects land use shall comply with the applicable requirements of OAR chapter 123, division 8 and OAR chapter 660. Statutory/Other Authority: ORS 285A.190 & 285A.192 & Other 285A.075 Statutes/Other Implemented: ORS 285A.190 History: EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06
123-140-0050 Program Rights and Remedies (1) The Department may exercise certain rights and remedies in the event the Recipient fails to comply with Contract provisions and, if allowed under the Contract, the Recipient fails to correct the deficiency within a reasonable time after the Recipient is notified of the deficiency. The circumstances that may warrant the Department's exercise of rights or remedies include, but are not limited to the following: (a) None of the Project activities have begun within nine months after an OBCF award; (b) Any third party agreement relating to the Project is not legally binding within six months of the OBCF award; (c) Federal or State statutory or regulatory requirements have not been met; (d) There is a significant deviation from the Contract; (e) The Department finds that significant corrective actions are necessary to protect the integrity of the Project funds and those corrective actions are not, or will not, be made within a reasonable time; or (f) A Recipient defaults on loan payments, which may otherwise be made from any source of revenue at the Recipient's disposal, including but not limited to General Fund revenues if the Recipient is a public entity borrower. (2) The Department may exercise one or more of the following rights and remedies if the Recipient fails to comply with Contract provisions and the Recipient fails to correct the deficiency within a reasonable time after Recipient is notified of the deficiency: (a) Bar a Recipient from applying for or receiving future Department assistance; (b) Revoke an existing Department award; (c) Withhold unexpended Department funds; (d) Require immediate return of unexpended Department funds; (e) Require repayment of expended Department funds; (f) Withhold other state funds otherwise due to the Recipient, such as state-shared revenues; or, (g) Other remedies that may be incorporated into the Contract. (3) The remedies set forth in this rule are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under the Contract. (4) The Recipient shall be responsible for ensuring that any subcontractor complies with the applicable terms and conditions of the Contract. Nothing in this rule shall restrict the Department's right to enforce independently the terms of any contract or to recover any sums that may become due as a result of a breach of such Contract. Statutory/Other Authority: ORS 285A.190, 285A.192 & 285A.075 Statutes/Other Implemented: ORS 285A.190 History: OBDD 8-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06
123-165-0010 Purpose and Objectives The Oregon Business Development Department allocates, reallocates and otherwise manages Oregon’s Recovery Zone Economic Development Bonding authority and Recovery Zone Facility Bonding authority. These rules are promulgated under authority granted by enacted 2009 Legislative Session HB 3199, Section 12 (4) and Section 12 (7)(a)–(c). Statutory/Other Authority: ORS 286A.630 & 285A.075 Statutes/Other Implemented: ORS 286A.630(4) & 285A.075 History: OBDD 16-2010, f. 4-30-10, cert. ef. 5-1-10 OBDD 3-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10
123-165-0040 Criteria for Reallocation Award of Recovery Zone Economic Development Bonds Cap In accordance with the intent of the code and state priorities, the following criteria will be used to prioritize reallocation requests by the department: (1) The relative level of economic distress in the local community. (2) The number of citizens benefiting from the project. (3) The estimated positive economic, health, or environmental impact of the project on the local community, region, and state. (4) The number of jobs created or retained by the project as can be best estimated. (5) Whether the availability of the reallocation is a crucial part of attracting a new company or keeping an existing company in place; (6) Whether the requested reallocation will benefit a project for which a recipient or other unit of local government is issuing recovery zone bonds; (7) Whether the requested reallocation will benefit a project that was designated by a recipient in connection with a previous waiver of its allocation. (8) The readiness of the project to proceed including consideration for the likelihood that the issuer will use the allocation within the timelines. (9) The amount of other public and private funding leveraged by the recovery zone economic development bond allocation. (10) The amount of local community support for the project, other agency support, and the degree the project supports efficient use of resources. Statutory/Other Authority: ORS 286A.630 & 285A.075 Statutes/Other Implemented: ORS 286A.6304 & 285A.075 History: OBDD 16-2010, f. 4-30-10, cert. ef. 5-1-10 OBDD 3-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10
123-165-0045 Criteria for Reallocation Award of Recovery Zone Facility Bonds Cap In accordance with the intent of the code and state priorities, the following criteria will be used to prioritize reallocation requests by the department: (1) The relative level of economic distress in the local community. (2) The number of citizens benefiting from the project. (3) The estimated positive economic impact of the project on the local community, region and state. (4) The number of jobs created or retained by the project as can be best estimated. (5) Whether the availability of the reallocation is a crucial part of attracting a new company or keeping an existing company in place; (6) Whether the requested reallocation will benefit a project for which a recipient or other unit of local government is issuing recovery zone bonds; (7) Whether the requested reallocation will benefit a project that was designated by a recipient in connection with a previous waiver of its allocation. (8) The readiness of the project to proceed including consideration for the likelihood that the issuer will use the allocation within the timelines. (9) The amount of other public and private funding leveraged by the recovery zone facility bond allocation. (10) The amount of local community support for the project, other agency support, and the degree the project supports efficient use of resources. Statutory/Other Authority: ORS 286A.630 & 285A.075 Statutes/Other Implemented: ORS 286A.6304 & 285A.075 History: OBDD 16-2010, f. 4-30-10, cert. ef. 5-1-10 OBDD 3-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10
123-165-0050 Rule Waiver The director may waive any non-statutory requirements of OAR chapter 123, division 165 if it is demonstrated such a waiver will further the goals and objectives of the program. Statutory/Other Authority: ORS 286A.630 & 285A.075 Statutes/Other Implemented: ORS 285A.075 History: OBDD 16-2010, f. 4-30-10, cert. ef. 5-1-10 OBDD 3-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10
123-200-1000 Purpose (1) The purpose of OAR 123-200-1000 to 123-200-2200 is to adopt a standard application form and procedure designed to provide complete documentation for certification of businesses as minority, woman, or veteran owned businesses or an Emerging Small Business and to adopt a procedure for handling complaints, investigations, and issuing sanctions. (2) The Certification Office for Business Inclusion and Diversity (COBID) is the sole certification agency for the State of Oregon and all political subdivisions. To the extent there is any reference to the Office of Minority, Women, and Emerging Small Business from the implementation of these rules forward, all references defer to the agency’s new name, COBID. (3) The COBID shall certify Minority Business Enterprises (MBE), Woman Business Enterprises (WBE), Veteran Business Enterprise (VBE) and Emerging Small Businesses (ESB) under the State of Oregon certification program based on ORS 200.005 to ORS 200.075. Any public contracting agency shall consider an enterprise certified by the COBID as eligible to participate in the certification programs pursuant to these rules in the State of Oregon as defined in ORS 279.011(5). (4) Certified firms are eligible to participate on state funded projects to meet commitment requirements. Any certified firm is eligible to participate in private or non-state funded projects. (5) These rules also cover publication of a directory, ineligibility complaints, and representation of the COBID in contested case hearings. (6) Determinations for MBE, WBE, VBE and ESB certification will be based solely on the rules contained in OAR 123-200-1000 to OAR 123-200-2300. Statutory/Other Authority: ORS 285A.070, ORS 285A.075(1)(a) & ORS 200.025(2) Statutes/Other Implemented: ORS 200.055, ORS 200.170, ORS 279.011 & Oregon Laws 2023, Chapter 497 History: OBDD 13-2024, amend filed 06/04/2024, effective 06/04/2024 OBDD 34-2023, temporary amend filed 12/28/2023, effective 01/01/2024 through 06/28/2024 OBDD 4-2018, minor correction filed 02/16/2018, effective 02/16/2018 OBDD 1-2016, f. & cert. ef. 1-5-16 Renumbered from 123-200-0005, OBDD 7-2013, f. & cert. ef. 9-3-13 OBDD 17-2010, f. 4-30-10, cert. ef. 5-1-10
123-200-1210 Minorities and Women Business Enterprise Certification — Determination of Socially and Economically Disadvantaged (1) It is a rebuttable presumption that minorities and women are socially and economically disadvantaged. (2) The COBID may also determine on a case-by-case basis other individuals who are socially and economically disadvantaged. These individuals claiming disadvantaged status are required to submit a socially and economically Disadvantaged Questionnaire administered by COBID. (3) Socially disadvantaged individuals are people subject to racial or ethnic prejudice or cultural bias because of their identity as members of a group without regard to individual qualities. (a) The social disadvantage must stem from the individual’s color, national origin, gender, physical handicap, long-term residence in an environment isolated from the mainstream of American society, or other similar cause beyond the individual’s control. (b) The minority and women applicants must demonstrate: (A) He or she personally suffered the social and economic disadvantage because of discriminatory treatment in the United States; and (B) The social and economic disadvantage was chronic, long-standing, and substantial, and was not fleeting or insignificant. (4) Social disadvantage does not include factors common to small business. Statutory/Other Authority: ORS 285A.070, ORS 285A.075(1)(a) & ORS 200.025(2) Statutes/Other Implemented: ORS 200.005, ORS 200.055 & Oregon Laws 2023, chapter 497 History: OBDD 13-2024, amend filed 06/04/2024, effective 06/04/2024 OBDD 34-2023, temporary amend filed 12/28/2023, effective 01/01/2024 through 06/28/2024 OBDD 6-2018, minor correction filed 02/16/2018, effective 02/16/2018 OBDD 1-2016, f. & cert. ef. 1-5-16
123-200-1230 Determination of Independence (1) The business must be a “for profit,” independent, properly licensed, and registered with the Secretary of State in the State of Oregon. (2) In determining whether a certified firm is an independent business, the COBID must scrutinize relationships with non-certified firms in such areas as personnel, facilities, equipment, financial and/or bonding support, and other resources. (3) The COBID may consider whether present or recent employer/employee relationships between the owner(s) of the applicant firm and non-certified firms, or persons associated with non-certified firms, compromise the independence of the applicant firm. (a) The COBID may examine the applicant firm’s relationships with prime contractors to determine whether a pattern of exclusive or primary dealings with a prime contractor compromises the independence of the applicant firm. (b) While reviewing factors related to the independence of an applicant firm, the COBID must consider the consistency of relationships between the firm and non-certified firms with normal industry practice. (4) The COBID will consider whether the owner(s) of the applicant firm owns or leases equipment and resources necessary to perform the services provided. If the business leases equipment, leasing must follow normal industry practice and the lease must not involve a relationship with a prime contractor or non-qualifying individual that compromises the control and independence of the applicant firm. (5) The COBID may certify a business operating under a franchise or license agreement if it meets the standards in this subpart and the franchiser or licenser does not have an affiliation with the franchisee or licensee. The franchisor or license issuer must not have the ability to control employees, location, or prevent the certified owners from making any business decision for the firm without the cooperation or vote of any non-qualifying individual. Statutory/Other Authority: ORS 200.005 & 200.055 Statutes/Other Implemented: ORS 200.005, 200.055 & Oregon Laws 2023, chapter 497 History: OBDD 13-2024, amend filed 06/04/2024, effective 06/04/2024 OBDD 34-2023, temporary amend filed 12/28/2023, effective 01/01/2024 through 06/28/2024 OBDD 1-2016, f. & cert. ef. 1-5-16
123-200-1300 Certification: Application and Procedure (1) Businesses seeking certification must complete the Certification Application provided by the COBID. (2) Applicants seeking certification as an Airport Concession Disadvantage Business Enterprise (ACDBE) or Disadvantage Business Enterprise (DBE) through COBID must meet the eligibility criteria set out in 49 CFR parts 23 and 26 and any written directives, administrative guidelines, and written decisions of the U.S. Department of Transportation. (3) Applicants seeking certification as a MBE, WBE, VBE or ESB must meet the eligibility criteria set out in ORS Chapter 200 and OAR 123-200-1000 to OAR 123-200-2300. (4) A completed application, together with all required supporting documentation, shall be submitted through the e-application process, by mail or in person to the Certification Office for Business Inclusion and Diversity, 775 Summer St. NE, Suite 200, Salem OR 97301. The COBID will not process incomplete applications. (5) The COBID will take action on completed applications as promptly as its resources permit. The order of priority for processing applications shall be the date the COBID receives the complete application including all supporting documentation. (6) The COBID may conduct a phone interview or on-site investigation at the applicant’s place of business and/or jobsite if applicable. The purpose of the interview and/or site visit is to verify material submitted with the application and to substantiate eligibility. (7) As part of its investigation, the COBID may require applicants to provide information in addition to that requested on the application. The applicant has the burden of proving that he or she is eligible for certification. (8) The applicant must cooperate fully with the investigation and make available any additional information requested by the COBID. (9) The COBID shall notify applicants promptly by mail after making a decision. When the COBID denies an application, the letter shall set forth the specific reasons for the denial. (10) In making certification determinations under this section, the COBID does not consider whether the business has previously performed or would be able to perform a commercially useful function. Repeated failure by a business to perform a commercially useful function may indicate, however, that the business is not independent, owned, or controlled by a qualifying individual. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 200.055 Statutes/Other Implemented: ORS 200.055 History: OBDD 13-2024, amend filed 06/04/2024, effective 06/04/2024 OBDD 34-2023, temporary amend filed 12/28/2023, effective 01/01/2024 through 06/28/2024 OBDD 1-2016, f. & cert. ef. 1-5-16 Renumbered from 123-200-0040, OBDD 7-2013, f. & cert. ef. 9-3-13 OBDD 17-2010, f. 4-30-10, cert. ef. 5-1-10
123-200-1400 Certification Review (1) All certifications are valid for three years. (2) The COBID will send an annual “no change” statement to firms, approximately 30 days prior to the one-year and two-year anniversaries of the certification date. The applicant must complete the statement, provide federal tax information for the previous year, and provide documentation supporting any changes prior to the anniversary date, or the COBID will decertify the firm. (3) The COBID will send a certification review notice to certified firms approximately two months prior to the firm’s anniversary date. The applicant shall promptly return the application along with any requested documentation (e.g., by-law amendments, evidence of changes in ownership, etc.). The COBID will review the signed application to determine continued eligibility and may conduct an on-site investigation to verify information submitted. (4) The qualifying individual must demonstrate that his or her business currently meets the qualifications for the requested certification. It is the responsibility of the qualifying individual to provide the information deemed necessary by the COBID to ascertain eligibility. Failure to return the certification review form or provide supporting documentation may lead to decertification. Statutory/Other Authority: ORS 200.005 Statutes/Other Implemented: ORS 200.006 History: OBDD 13-2024, amend filed 06/04/2024, effective 06/04/2024 OBDD 34-2023, temporary amend filed 12/28/2023, effective 01/01/2024 through 06/28/2024 OBDD 1-2016, f. & cert. ef. 1-5-16 OBDD 7-2013, f. & cert. ef. 9-3-13