justicedao/ipfs_state_laws huggingface dataset:
123-098-0040 Site Assessment and Development Plan Grants (1) As funds are available, the Department will provide grants on a competitive basis to: Public owners of RSIS or public entities that have entered into development agreements or other agreements with private owners with respect to RSIS, to perform due diligence assessments, define development-related constraints and create detailed development plans to move the site(s) toward a state of market-readiness. (2) Regionally significant industrial sites (RSIS) include; (a) Sites identified within designated Regional Significant Industrial Areas (RSIA); or (b) Sites considered and designated by the Department from nominations by Public Entity. Nominations may be submitted at any time, considered in order received, within the following criteria and requirements: (A) Contains site or sites, including brownfields and “Decision Ready” sites, that are suitable for the location of new industrial uses or the expansion of existing industrial uses and can provide significant additional employment in the region; (B) Has site characteristics that give the area significant competitive advantages that are difficult or impossible to replicate in the region; (C) Has superior access to transportation and freight infrastructure, including but not limited to rail, port, airport, multimodal freight or transshipment facilities and other major transportation facilities or routes; (D) Public Entity has entered into Development Agreement with the property owner (public or private); (E) Property is available for sale or lease, and listed on Oregon’s site selection service; (F) Specifically identified in the Regional Solutions Team project list or priorities; and (G) The nomination request will be considered by Department staff and Regional Solutions Team, who will complete a staff report and respond to Public Entity with written decision within 45 days of receipt of the nomination. (3) Grant awards will based on the following factors: (a) Availability of appropriated funds; (b) Total program not to exceed 80 percent of annual allocation; (c) Public Entity grant not to exceed the lesser of $100,000 per site or amount established in annual program guidelines; (d) Assessments and development plans that contribute towards “Certified Industrial Site” designation; (e) Receipt of complete application form provided by Department that includes at a minimum: Public Entity applicant information, copy of property listing, map of proposed RSIS, sponsor agreements, scope of work and budget estimate, consultation with Regional Solution Team(s), and contact information; and (f) Department reserves the right to prioritize sites and assessments proposed in the application to meet fund limitations and State or Regional priorities. Statutory/Other Authority: ORS 285A.075 & 285B.635-285B.642 Statutes/Other Implemented: ORS 285B.635-285B.642 History: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14
123-098-0050 Regional Inventory/Assessment, and Regional Planning Grants (1) As funds are available, the Department will provide grants to conduct regional industrial land inventories, assess site development costs, prioritize regionally significant industrial sites, and evaluate market-ready status of industrial sites, to: Economic Development Districts as defined in 123-098-0030 that are committed and have the ability to perform regional industrial land inventories for a specific region and/or prioritize regionally significant industrial sites in a region for due diligence assessment and site preparation costs. (2) Grant awards will be based on the following factors: (a) Availability of appropriated funds; (b) Total not to exceed 20 percent of annual program allocation; (c) Individual Economic Development District grant not to exceed the lesser of $50,000 or amount established in annual program guidelines; (d) Receipt of complete application form provided by Department that includes at a minimum: Public Entity applicant information, list of existing relevant studies, scope of work and budget estimate, participating Public Entities, cooperating agreements, budget and in-kind match, public involvement and support, consultation with Regional Solution Team(s), and contact information; and (e) Department reserves the right to modify scope and assessments proposed in the application to meet fund limitations and State or Regional priorities. (3) Matching fund requirement to be set by the Department in annual application guidelines. Statutory/Other Authority: ORS 285A.075 & 285B.635-285B.642 Statutes/Other Implemented: ORS 285B.635-285B.642 History: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14
123-098-0060 Uncommitted Annual Program Allocation Uncommitted funds from annual allocations will be added to the following annual allocation and made available in procedures defined within these rules. Statutory/Other Authority: ORS 285A.075 & 285B.635-285B.642 Statutes/Other Implemented: ORS 285B.635-285B.642 History: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14
123-098-0070 Reporting (1) Copies of final reports to be submitted to the Department within 30 days of receipt by Public Entity; and (2) Annual progress report from Public Entity of all activities conducted or completed by program funding, and current budget to be submitted to Department within 60 days following the end of the Fiscal Year. Statutory/Other Authority: ORS 285A.075 & 285B.635-285B.642 Statutes/Other Implemented: ORS 285B.635-285B.642 History: OBDD 8-2014, f. 4-30-14, cert. ef. 5-1-14
123-099-0010 Purpose The purpose of these rules is to establish the Industrial Lands Loan Fund required by the 82nd Oregon Legislative Assembly, 2023 Regular Session, passed chapter 25, sections 14 to 23, Oregon Laws 2023 (Enrolled Senate Bill 4). The scope of these rules includes requirements to administer and implement the Semiconductor Industrial Lands Loan Program (“Program”) developed by the Department for the state to make financial assistance awards in the form of a repayable or forgivable loan to fund development projects, including planning projects. These rules are designed to support private and public investment in industrial lands development projects associated with new or expanded semiconductor industry uses. Statutory/Other Authority: ORS 285A.075 & OR Laws 2023 ch. 25, § 15. Statutes/Other Implemented: OR Laws 2023 ch. 25, § 15. & OR Laws 2023 ch. 25 §§14-23 History: OBDD 33-2023, adopt filed 12/20/2023, effective 12/20/2023
123-099-0020 Definitions (1) “Act” means Chapter 25, sections 14 to 23, Oregon Laws 2023. (2) “Agreement” means a program repayable or forgivable loan contract between the Department and a Project Sponsor for an approved application that provides for the award amount from the Industrial Lands Loan Fund and the terms of the contract. (3) “Application” means the Department-prescribed form that an applicant submits to propose a project and to request a Program repayable or forgivable loan. (4) “Brownfield” has the meaning given that term in ORS 285A.185. (5) “Department” means the Oregon Business Development Department. (6) “Development project” has the meaning given that term in chapter 25, section 14(3), Oregon Laws 2023. (7) “Eligible project” means a development project or a planning project. (8) “Financial assistance” means a repayable loan or a forgivable loan. (9) “Environmental action” has the meaning given that term in ORS 285A.188. (10) “Industrial land” has the meaning given that term in chapter 25, section 14(6), Oregon Laws 2023. (11) “Industrial land development project” means a project for the acquisition, improvement, construction, demolition or redevelopment of publicly or privately owned utilities, buildings, land, transportation facilities or other facilities that assist the economic and community development of a municipality on land planned and zoned for industrial use. (12) “Planning project” has the meaning given that term in chapter 25, section 14(7), Oregon Laws 2023. (13) “Program” means the Semiconductor Industrial Lands Loan Program created by the Act that is authorized to provide certain repayable and forgivable loans. (14) “Private owner” has the meaning given that term in chapter 25, section 14(8), Oregon Laws 2023. (15) “Project sponsor” has the meaning given that term in chapter 25, section 14(9), Oregon Laws 2023. (16) “Semiconductor industry use” has the meaning given that term in chapter 25, section 14(11), Oregon Laws 2023. (17) “Public entity” has the meaning given that term in chapter 25, section 14(10), Oregon Laws 2023. (18) “Utilities” means broadband, electric power, natural gas, water service, sewer service, and any renewable energy source. Statutory/Other Authority: ORS 285A.075 & OR Laws 2023 ch. 25, § 15 Statutes/Other Implemented: OR Laws 2023 Ch. 25 §§14-23 History: OBDD 33-2023, adopt filed 12/20/2023, effective 12/20/2023
123-099-0040 Application Review and Approval 1) The Department shall review all timely and complete applications for Program financial assistance. The Department’s review shall include: (a) Review of proposed projects for determination of compliance with eligible uses of program funds and loan proceeds as provided by sections 14 to 23, chapter 25, Oregon Laws 2023, and as further defined by this division of rules; (b) Review of application for determination of applicant’s eligibility as a Project Sponsor as that term is defined; (c) Review for completion of the application, including satisfaction of requirements provided under section 19, chapter 25, Oregon Laws 2023 and requirements provided by this division of rules; (d) Consideration of the reasonableness of the Project Sponsor’s estimated costs to prepare the land for industrial use, including, but not limited to, allowable costs for land preparation; (e) Consideration of the potential economic impacts for the proposed project; (f) Consideration of each application and the requested amount based on program guidelines and program priorities as determined by the Department . While forgivable loans do not require match, the Department shall give preferences for projects that are not solely funded from the Department’s financial assistance; (g) Applying the preferences provided by this division of rules; and (h) Applying any other criteria set forth in the applicable Request for Applications (“RFA”). (2) Within 30 days of the applicable RFA close date, the Department shall approve or reject program applications. (3) Approved applicants shall receive a notice of intent to award, and unsuccessful applicants shall receive a letter of explanation from the Department. (4) As applicable, the notice of intent to award provided to approved applicants shall contain an offer of an amount for a program repayable or forgivable loan for a development project; and/or an offer of an amount for a program forgivable loan for a planning project. The Department may make an offer that is less than what was requested by the applicant. For development projects, the Department shall condition loan awards on satisfactory collateral or other security such as requiring a co-signer or guarantor or other conditions to secure repayment of a loan made. Generally, public entity awards shall be conditioned on a pledge of the entity’s full faith and credit and taxing power within Article XI, sections 11 and 11b of the Oregon Constitution and a pledge of appliable net revenues from the public infrastructure system that is the subject of the public entity’s development project. Statutory/Other Authority: ORS 285A.075 & OR Laws 2023 ch. 25, § 19 Statutes/Other Implemented: OR Laws 2023 Ch. 25 §19 History: OBDD 33-2023, adopt filed 12/20/2023, effective 12/20/2023
123-099-0050 Forgivable Loan Agreement Conditions (1) If a Project Sponsor completes a planning project funded by a program forgivable loan by the project completion deadline in accordance with the terms of the Agreement, and provided that no event of default has occurred, the Department shall, 90 days after the project completion date, forgive repayment of the forgivable loan amount and any interest accrued thereon and cancel the forgivable loan. (2) If a Project Sponsor completes a development project funded by a program forgivable loan by the project completion deadline in accordance with the terms of the Agreement, and fulfills requirements related to the ownership and operation of the project, as determined by the Department, and provided that no event of default has occurred, the Department shall forgive repayment of the forgivable loan amount and any interest accrued thereon and cancel the forgivable loan. (3) If a Project Sponsor fails to meet the Agreement’s covenant of a term of years for the completed project (not including planning projects) to be directly owned or operated by the Project Sponsor or the subject of a management contract or an operating agreement to which the Project Sponsor is a party, the forgivable loan amount disbursed shall be due and payable in full by the Project Sponsor within 30 days of the appliable change in ownership, operation, management contract or operating agreement by the Project Sponsor. (4) Noncompliance with performance, including failure to complete the project by the project completion deadline or other conditions set forth in the Agreement shall trigger a forgivable condition default requiring a forgivable loan to be repaid. (5) The Department may in its discretion allow Project Sponsors to cure noncompliance with performance or other conditions set forth in the Agreement. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 Ch. 25 §§15, 16 History: OBDD 33-2023, adopt filed 12/20/2023, effective 12/20/2023
123-099-0070 Records and Data Confidentiality (1) Data or information regarding a Program applicant, proposed Project, Project Sponsor or Program Project in an application, application attachment, Agreement, semiannual report or related materials or communications provided to the Department shall be public records subject to disclosure, except for data or information that qualifies as a public records exemption under ORS 192.311 to 192.478 (Oregon Public Records Law). (2) Section (1) of this rule applies notwithstanding a nondisclosure agreement, but such an agreement may nevertheless spell out data or information anticipated to be exempt under the Oregon Public Records Law, including but not limited to trade secrets or confidential information under ORS 192.355(4), as may facilitate obligations under section (3) of this rule. (3) When providing items referenced in subsection (1) of this rule, it is the applicant or Project Sponsor’s, its agent’s or its representatives’ responsibility to mark data and information that legitimately and specifically qualify for an exemption from disclosure. To designate an item or portion of one as exempt from disclosure, the applicant or Project Sponsor shall: (a) Clearly identify in the body of the application, application attachment, Agreement, report and other materials only the limited data or information exempt; (b) Stipulate the Oregon Public Records Law exemption(s) believed to apply; and (c) Provide justification for how each identified portion meets that exemption’s criteria. (4) The Department shall determine whether data or any information is actually exempt from disclosure and shall redact from disclosure only that data or information. (5) Applicants and Project Sponsors are advised to consult with their legal counsel regarding disclosure issues. Applicants and Project Sponsors may wish to limit the amount of truly trade secret or other data or information provided only to what is necessary. Statutory/Other Authority: ORS 285A.075 History: OBDD 33-2023, adopt filed 12/20/2023, effective 12/20/2023
123-099-0080 Reporting Requirements (1) Every Project Sponsor that enters into an Agreement with the Department shall be required to report on project activities, project expenditures, project milestones completed, overall outcomes any other information required by the Department, on forms or in a format prescribed by the Department. The time periods to be covered in each report, and the deadlines for submission shall be determined by the Department on a case by case basis depending upon the nature of the project activities and their schedule, and prescribed in the Agreement. Project activity reports shall be provided e very six months from the date of the Agreement is executed until the Agreement is closed reporting on project activity, project expenditures, project milestones completed and overall outcomes unless otherwise modified and agreed to by the Department. (2) The reporting obligations provided in section (1) cease on the earlier of the date the Agreement expires, the date the Agreement is terminated, or the date the Department has determined that the Project Sponsor has met their contractual obligations to have the loan forgiven or the Project Sponsor has repaid the loan in full. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch. 25 §4 History: OBDD 33-2023, adopt filed 12/20/2023, effective 12/20/2023
123-130-0000 Purpose The purpose of these rules is to implement the Brownfields Properties Revitalization Fund created in 2021 through Chapter 529 Oregon Laws 2021. The purpose of the Brownfields Properties Revitalization Fund is to enhance the availability of resources through forgivable loans for the purpose of reimbursing private owners or operators for the eligible costs incurred in the completion of removal or remedial actions on properties that are brownfields. Statutory/Other Authority: ORS 285A.075, ORS 285A.193 - 285A.198 & ORS 285A.185 Statutes/Other Implemented: ORS 285A.193 - 285A.198 History: OBDD 5-2023, adopt filed 01/26/2023, effective 01/26/2023 OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/03/2022 through 05/01/2023
123-130-0010 Policy It is the policy of the Oregon Business Development Department to promote sustainability and assist rural or distressed communities with local development priorities. Facilitating environmental cleanup consistent with a polluter-pays principle and the redevelopment of brownfields furthers this policy. The benefits of redeveloping brownfields include promoting economic development; enabling efficient land use; minimizing the construction of new service infrastructure; facilitating the resolution of environmental justice issues; and protecting environmental and human health. Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198 Statutes/Other Implemented: ORS 285A.193 - 285A.198 History: OBDD 5-2023, adopt filed 01/26/2023, effective 01/26/2023 OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/03/2022 through 05/01/2023
123-130-0030 Applicant Eligibility (1) Any private person not currently liable under ORS 465.255 for an existing release of hazardous substances at a site is eligible to make application to the Department for assistance from the Fund. (2) Eligibility under OAR 123-130-0030 shall also be determined based on the status of compliance with enforcement actions against the applicant by a government agency. If the applicant is not the owner and the site is owned by a person that is liable under ORS 465.255, the application will not be accepted unless the applicant provides documentation adequately demonstrating how the funded activities will facilitate a transfer in ownership of the site to a person not liable under ORS 465.255 or will be managed by an eligible operator. (3) An applicant that makes false or willful misrepresentations regarding applicant eligibility on a Fund application may be subject to the remedies described in OAR 123-130-0080. (4) Applicant must have the authority and ability to execute a financing contract with the Department. Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198 Statutes/Other Implemented: ORS 465.255 & ORS 285A.193 - 285A.198 History: OBDD 5-2023, adopt filed 01/26/2023, effective 01/26/2023 OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/03/2022 through 05/01/2023
123-130-0040 Project Eligibility (1) Reimbursable eligible costs include project activities and environmental actions performed in accordance with ORS 285A.193(3)(a) but do not include costs excluded by ORS 285A.193(3)(b). (2) Projects on sites that contain or are proposed to contain only privately owned single family residential dwelling(s) or privately owned multi-family dwelling(s) are not eligible for Fund assistance unless constructed or redeveloped in accordance with ORS 285A.194(3)(b). (3) Projects on sites that contain or are proposed to contain mixed-use development, such as a structure or structures that contain combined commercial and residential uses, are eligible if: (a) A written statement of zoning compliance for the project from the applicable local jurisdiction is included with the application; and (b) The project will be constructed or redeveloped in accordance with ORS 285A.194(3)(b). (4) The Department will determine if a project is eligible for loan enhancement in accordance with 285A.194. Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198 Statutes/Other Implemented: ORS 285A.193 - 285A.198 History: OBDD 5-2023, adopt filed 01/26/2023, effective 01/26/2023 OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/03/2022 through 05/01/2023
123-130-0050 Application Requirements (1) Applications that include site characterization must discuss in the project description how the environmental actions will contribute or lead to cleanup and/or redevelopment of the site. (2) Applications must discuss in the project description how the environmental actions will contribute or lead to a remediation plan, certification of completion, or a No Further Action Determination by a government agency. (3) Applications must identify the proposed redevelopment use in the project description and must provide documentation that demonstrates how the proposed redevelopment use is attainable. (4) Applications must include discuss how the environmental actions will comply with state cleanup law and will contribute to the proposed redevelopment. The Department may ask the applicant to provide documentation that demonstrates how compliance, or how progress towards the proposed redevelopment, will be achieved. (5) The funding requested must be objectively consistent with the scope and scale of work described in the application compared with similarly-situated projects. If the amount requested is objectively inconsistent with the scope and scale of work in the project description, the Department may work with the applicant to adjust the amount of the award or the scope and scale of work in the project description. (6) If an applicant is liable under ORS 465.255 for an existing release of hazardous substances at a site, the application must include the information identifying a non-liable operator or a site transfer to an owner not liable under ORS 465.255. The Department may condition funding a project on confirmation by the applicant that a operator has been identified and is contractually bound to complete the activities and environmental actions described in the application, or that the site has been transferred to an owner not liable under ORS 465.255. (7) Applications must also include the information required in accordance with ORS 285A.195(1) to be considered complete. Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198 Statutes/Other Implemented: ORS 465.255 & ORS 285A.193 - 285A.198 History: OBDD 5-2023, adopt filed 01/26/2023, effective 01/26/2023 OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/03/2022 through 05/01/2023