justicedao/ipfs_state_laws huggingface dataset:
123-027-0056 Federally Authorized Project Application Requirements The Port shall notify the Authority of a potential federally authorized project at the time it initiates the project with the United States Army Corps of Engineers and it shall submit written documentation to the Authority evidencing its participation with the United States Army Corps of Engineers. The written documentation must: (1) Describe the nature and purpose of the project, including: proposed project scheduling; project term; estimated project cost; the Port's estimated non-federal share of the total project cost; and, the required schedule for payment of the Port's non-federal share of the total project cost; (2) Contain federal documents that authorize the project, including Reconnaissance/Feasibility Studies; and (3) Contain a copy of the Port's proposed Local Cost Share Agreement with the United States Army Corps of Engineers for undertaking and carrying out the project. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 777.262 - 777.267 History: EDD 19-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 2-2006, f. & cert. ef. 2-10-06 EDD 22-2004, f. & cert. ef. 8-19-04
123-027-0060 Federally Authorized Project Application Review and Approval Based upon a review of the information described in OAR 123-027-0056, the Authority will determine whether the project is eligible for assistance from the Fund. If the documentation is not adequate to determine eligibility, the Authority will require the Port to submit additional information as may be necessary. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 777.262 - 777.267 History: EDD 19-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 2-2006, f. & cert. ef. 2-10-06 EDD 22-2004, f. & cert. ef. 8-19-04 Reverted to EDD 14-2002, f. & cert. ef. 6-21-02 EDD 7-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 14-2002, f. & cert. ef. 6-21-02 EDD 5-1993, f. & cert. ef. 4-19-93
123-027-0070 Federally Authorized Project Award and Funding (1) The Authority and the Port shall execute a contract prior to disbursal of moneys from the Fund. The contract shall be in a form and content as provided by the Authority. (2) Payments from the Fund shall be disbursed in accordance with the executed contract. (3) The Port must provide the Authority with a written report, records, and a detailed accounting of costs in the format required by the Authority : (a) Within 30 days following the close of each federal fiscal year; and (b) Within 90 days following final completion of a project. (4) Any amount disbursed from the Fund and not used for a project must be returned to the Authority. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 777.262 - 777.267 History: EDD 19-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 2-2006, f. & cert. ef. 2-10-06 EDD 24-2004, f 10-25-04, cert. ef. 11-8-04 EDD 22-2004, f. & cert. ef. 8-19-04 Reverted to EDD 14-2002, f. & cert. ef. 6-21-02 EDD 7-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 14-2002, f. & cert. ef. 6-21-02 EDD 5-1993, f. & cert. ef. 4-19-93
123-027-0106 Non-Federal Project Eligibility Non-federally authorized projects that meet the following criteria are also eligible for assistance from the Fund: (1) The project is listed in a Port's business or strategic plan; (2) The project is ready to begin in the biennium for which funding is requested; (3) The project is a new navigation improvement project; and (4) The project meets the criteria of a freight project, or a commercial/recreation project, as follows: (a) A freight project facilitates transportation for at least 5,000 tons of freight or cargo annually; (b) A commercial/recreation project supports at least 1,000 use days annually as evidenced by information from the State Marine Board, the Ports Reporting System, the U.S. Coast Guard, or other similar source of reliable data, or it is to support the operation of at least one tour boat. (5) Navigation improvement projects that can't meet the criteria listed in subsection (4) may still qualify for funding if: (a) The proposed improvement project is designed to facilitate usage to a level that exceeds the criteria in subsection (4); and (b) Usage of the proposed improvement project is reasonably forecasted to meet the criteria in subsection (4) within the first two years of operation and exceed the minimum criteria thereafter. Statutory/Other Authority: ORS 285.075(5) & 285A.110 Statutes/Other Implemented: ORS 777.262 - 777.267 History: EDD 2-2006, f. & cert. ef. 2-10-06 EDD 24-2004, f 10-25-04, cert. ef. 11-8-04 Renumbered from 123-027-0100 by EDD 22-2004, f. & cert. ef. 8-19-04 EDD 14-2002, f. & cert. ef. 6-21-02
123-027-0156 Non-Federal Project Application Requirements (1) A Port may submit an application after consulting with Authority staff on a preliminary determination of eligibility and otherwise following the Authority's procedures for submitting applications. (2) The application must be in the form provided by the Authority and must contain or be accompanied by such information as the Authority may require. The Authority will process only completed applications. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 777.262 - 777.267 History: EDD 19-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 2-2006, f. & cert. ef. 2-10-06 EDD 22-2004, f. & cert. ef. 8-19-04
123-027-0161 Non-Federal Project Application Review and Approval To approve an application for assistance from the fund, the Authority must make the determinations as follows: (1) The project is an eligible project. If the Authority determines that the project is not eligible, it may reject an application or require further documentation from the Port; (2) The requisite need for the project has been demonstrated to the Authority in the application or the local planning process; (3) If application is for a loan, the loan security includes the pledge of revenues and/or other funds, and is sufficient, when considered with other security, to assure repayment; (4) The Port is willing and able to enter into a contract with the Authority; and (5) Moneys in the fund are or will be available for the project. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 777.262 - 777.267 History: EDD 19-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 2-2006, f. & cert. ef. 2-10-06 EDD 22-2004, f. & cert. ef. 8-19-04
123-027-0166 Non-Federal Project Award and Funding (1) The Authority and the Port will execute a contract prior to disbursal of moneys from the Fund. The contract will be in a form and content as provided by the Authority. (a) Payments from the fund will be disbursed in accordance with the executed contract. (b) The Port must provide the Authority with written reports, records, and an accounting of detailed costs for a project as described in the contract. (2) All eligible projects may be awarded loan funding of up to 100% of the total project cost, or for the required local match, under the following terms: (a) Interest rates will be determined by Authority at time of award, according to Authority policy; and (b) The loan term will not exceed 25 years. (3) If the Authority determines 100% loan funding is not feasible due to the financial hardship of the port, grants may be awarded if Authority determines at least one of the following circumstances exists: (a) Job creation and/or retention will be a direct result of the project; (b) There is an urgent need for environmental remediation and the Authority's financial analysis determines that the Port's borrowing capacity is insufficient to finance the project; (c) The project deals with critical public safety issues and the Authority's financial analysis determines that the Port's borrowing capacity is insufficient to finance the project; or (d) There is imminent threat that the Port will lose any applicable permits and the Authority's financial analysis determines that the Port's borrowing capacity is insufficient to finance the project. (e) The Authority's financial analysis determines that the project cannot proceed without a grant. (4) Projects eligible due to the provisions of subsection 0106 may be awarded grant funding up to 75 percent of the project cost. A 25 percent local match is required. In-kind services from the Port may be no more than 10 percent of the total project cost. (5) The Port must secure, and be able to provide upon request, a land use compatibility statement from the appropriate jurisdiction(s) for the project. (6) Any amount disbursed from the Fund and not used for a project must be returned to the Authority. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 777.262 - 777.267 History: EDD 19-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 4-2006, f. 9-28-06, cert. ef. 10-1-06 EDD 2-2006, f. & cert. ef. 2-10-06 EDD 24-2004, f 10-25-04, cert. ef. 11-8-04 EDD 22-2004, f. & cert. ef. 8-19-04
123-027-0211 Federal and Non-Federal Project Appeals and Exceptions (1) Appeals of local government decisions regarding a Project must be made at the local level. (2) The Director will consider appeals of the Authority's funding decisions. Only the Port may appeal. Appeals must be submitted in writing to the Director within 30 days of the event or action that is being appealed. The Director's decision is final. (3) The Director may waive non-statutory requirements of this program if it is demonstrated such a waiver would serve to further the goals and objectives of the program. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 777.262 - 777.267 History: EDD 19-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 2-2006, f. & cert. ef. 2-10-06 Renumbered from 123-027-0110, EDD 22-2004, f. & cert. ef. 8-19-04 EDD 14-2002, f. & cert. ef. 6-21-02
123-030-0000 Purpose The purpose of these rules is to provide procedures, standards and criteria for operation of the Port Revolving Fund program authorized by ORS 285A.669 through 285A.732. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.669 - 285A.732 History: EDD 20-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 8-2002, f. & cert. ef. 5-1-02
123-030-0004 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. The following terms have the following definitions unless the context clearly indicates otherwise: "Fund" means the Oregon Port Revolving Fund. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.669 - 285A.732 History: EDD 20-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 6-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 16-2004, f. & cert. ef. 8-2-04 EDD 1-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 8-2002, f. & cert. ef. 5-1-02
123-030-0010 Need for the Port Revolving Fund Project (1) Applications must include sufficient information that will demonstrate the need for the project. The information must include, but not be limited to, the following: (a) Whether economic benefits and opportunities such as increased employment, increased personal income, and cost savings are evident; (b) Whether the applicant has a prospective user or other near-term use of the proposed project; and (c) That the project satisfies the applicable requirements of OAR chapter 123, division 8. (2) In the event the loan is primarily for a proposed project to facilitate the location or expansion of an industry pursuant to ORS 285A.666–285A.732, the industry expansion to be induced by the loan must include activities consistent with the infrastructure target industries or Ports adopted Strategic Business Plan. (3) Need for the project will be established for the purpose of these rules for in-state plant relocation if: (a) The firm engaging in in-state plant relocation has demonstrated that the relocation is necessary for reasons beyond its control; (b) The relocation will provide a substantial increase or prevent a substantial direct reduction in total Oregon employment. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.669 - 285A.732 History: EDD 20-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 16-2004, f. & cert. ef. 8-2-04 EDD 1-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 8-2002, f. & cert. ef. 5-1-02 EDD 17-1990, f. & cert. ef. 6-28-90 EDD 9, f. & ef. 10-14-77
123-030-0020 Application Requirements An eligible port district may submit an application after consulting with Authority staff on a preliminary determination of eligibility and otherwise following the Authority procedures for submitting applications. (1) The application must be in the form provided by the Authority and must contain or be accompanied by such information as the Authority may require. The Authority will process only completed applications. (2) All applications for loans from the Oregon Port Revolving Fund must indicate the proposed collateral to secure the loan and must include the following information: (a) If the port's taxing authority is proposed to be pledged as collateral, a statement certified by the county assessor's office that sets forth the current millage rate, the projected new millage rate, if required to pay off the loan, the port's maximum current limitation, and a statement indicating whether the proposed pledge is within the port's current maximum mill [MB2] age limitation; (b) If any of the port's personal or real property is proposed to be pledged as collateral, the Authority may require a formal appraisal, certified by an appropriate licensed authority, attesting to the value of all collateral proposed to be held as security. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.669 - 285A.732 History: OBDD 12-2024, amend filed 05/31/2024, effective 05/31/2024 EDD 20-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 6-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 16-2004, f. & cert. ef. 8-2-04 EDD 1-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 8-2002, f. & cert. ef. 5-1-02
123-030-0030 Application Review and Approval (1) To approve an application for assistance from the fund, the Authority must make the determinations as follows: (a) The project is consistent with the requirements governing assistance from the fund. If the Authority determines that the applicant and/or the proposed project do not meet the requirements of this section, the Authority may reject an application or require further documentation from the applicant; (b) The requisite need for the project has been demonstrated in the application or the local planning process; (c) The port has certified to the Authority that there will be adequate funds available to repay any loans made; (d) The loan security includes the pledge of revenues and/or other funds are sufficient, when considered with other security, to assure repayment; (e) The applicant is willing and able to enter into a contract with the Authority for repayment of the loan; (f) The project is ready to proceed including all necessary permits required by federal, state and local agencies; (g) The project activities constitute an eligible project; (h) Moneys in the fund are or will be available for the project; (i) The requirements under ORS 285A.055 for approval have been satisfied; (2) The Authority may provide preliminary approval of a loan application at any time and identify all necessary requirements for final approval. (3) If the application is denied, the matter will be set aside unless the applicant requests further action under ORS Chapter 183. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.669 - 285A.732 History: OBDD 12-2024, amend filed 05/31/2024, effective 05/31/2024 EDD 20-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 6-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 16-2004, f. & cert. ef. 8-2-04 EDD 1-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 8-2002, f. & cert. ef. 5-1-02
123-030-0040 Loan Contract Terms and Conditions (1) The interest rate on a loan will be based on market conditions for similar debt, and will be set at the time of the award. (2) The term of the loan will not exceed the useful life of the contracted project or 30 years from the year of project completion, whichever is less. (3) For a flexible manufacturing space project, the loan contract may provide that no interest accrue until the building is 25 percent occupied, or until three years after the date of the loan contract, whichever is earlier. (4) The loan contract will: (a) Be in a form as provided by the Authority, and (b) Provide that the Authority may institute appropriate action to prevent use of project facilities financed by the fund if the port is delinquent in its repayments. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.669 - 285A.732 History: OBDD 12-2024, amend filed 05/31/2024, effective 05/31/2024 EDD 20-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 6-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 16-2004, f. & cert. ef. 8-2-04 EDD 1-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 8-2002, f. & cert. ef. 5-1-02
123-030-0050 Sanctions, Exceptions and Appeals The Department may seek legal remedies against ports that fail to comply with the requirements governing the fund. The Department will not impose remedies until the port has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.669 - 285A.732 & 285A.690 History: OBDD 15-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 20-2009, f. 10-30-09, cert. ef. 11-1-09 EDD 6-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 16-2004, f. & cert. ef. 8-2-04 EDD 1-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 8-2002, f. & cert. ef. 5-1-02
123-039-0000 Purpose and Objectives These rules establish procedures for the administration of the Aquifer Recharge Testing Forgivable Loan Program (“Program”) established under Oregon Laws 2023, chapter 606, Sections 30 and 31 (Enrolled House Bill 2010), under which the Infrastructure Finance Authority within the Oregon Business Development Department will make forgivable loans to eligible applicants to perform Aquifer Recharge testing activities. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 22-2024, adopt filed 10/08/2024, effective 10/08/2024
123-039-0010 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division of administrative rules, the following terms shall have the following meaning, unless the context clearly indicates otherwise: (1) “Aquifer Recharge” means the use of Artificial Groundwater Recharge or Aquifer Storage and Recovery methods to intentionally add water diverted from another source to a groundwater reservoir. (2) “Artificial Groundwater Recharge” (AR) means the intentional addition of water diverted from another source to a groundwater reservoir. (3) “Aquifer Storage and Recovery” (ASR) means the storage of water from a separate source that meets drinking water standards in a suitable aquifer for later recovery and not having as one of its primary purposes the restoration of the aquifer. (4) “Authority” means the Infrastructure Finance Authority within the Oregon Business Development Department. (5) “Department” means the Oregon Business Development Department. (6) “DEQ” means the State of Oregon Department of Environmental Quality. (7) “Fund” means the Aquifer Recharge Fund. (8) “Municipal Subdivision” means an Oregon city or county, a county service district organized under ORS chapter 451. (9) “OWRD” means the Oregon Water Resources Department. (10) “Program” means the Aquifer Recharge Testing Forgivable Loan Program. (11) “USGS” means the United States Geological Survey. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 22-2024, adopt filed 10/08/2024, effective 10/08/2024
123-039-0020 Eligible Applicants The following entities are eligible to apply for a Program forgivable loan: (1) A Municipal Subdivision; (2) A port organized under ORS chapter 777 or 778; (3) A district as defined in ORS 198.010; (4) An Oregon Indian tribe as defined in ORS 294.805; and (5) A county in this state. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 22-2024, adopt filed 10/08/2024, effective 10/08/2024
123-039-0030 Eligible Project Costs and Activities (1) Eligible project costs include the necessary and reasonable costs, as determined by the Authority, for eligible project activities. (2) Eligible project activities include, but are not limited to: (a) Energy costs; (b) Operation and maintenance costs associated with the treatment and delivery of source water for the purposes of testing Aquifer Recharge or aquifer storage and recovery; and (c) Monitoring and reporting costs required by the monitoring plan of a permit or limited license issued by OWRD under ORS 537.143 and 537.144 or 537.505 to 537.534, OAR 690-350-0120, or OAR 690-350-0030. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 48-2024, minor correction filed 11/05/2024, effective 11/05/2024 OBDD 22-2024, adopt filed 10/08/2024, effective 10/08/2024
123-039-0040 Ineligible Project Costs The following costs are ineligible for reimbursement under the Program: (1) Cost of purchase of general purpose motor vehicles and other equipment not directly related to the project; and (2) Indirect costs incurred by the applicant or a contractor. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 22-2024, adopt filed 10/08/2024, effective 10/08/2024
123-039-0050 Application Requirements In order to receive a Program forgivable loan, an eligible applicant must submit an application to the Department that: (1) Adequately describes the project’s scope and feasibility; (2) Is in the form provided by the Department; (3) Is accompanied by documentation that the following items have been completed or are available for inspection: (a) The Applicant has obtained a valid permit or limited license, issued by OWRD under ORS 537.143 and 537.144 or 537.505 to 537.534, or OAR 690-350-0120 or OAR 690- 350-0030, to conduct AR or ASR testing at the site to which the application relates; and (b) Documentation showing that all or a portion of the basin or aquifer to which the application relates has been: (A) Restrictively classified under ORS 536.340; (B) Withdrawn by the OWRD from further groundwater appropriation under ORS 536.410; or (C) Designated as critical under statute or rule or order of the Water Resources Commission or the OWRD. (c) Documentation that demonstrates, in the Department’s sole discretion, that all landowners who own property on which injection, infiltration, recovery, or monitoring activities will take place are aware of, and agree to, the work to be completed under the proposal. (4) Satisfies any additional requirements the Department may impose. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 49-2024, minor correction filed 11/05/2024, effective 11/05/2024 OBDD 22-2024, adopt filed 10/08/2024, effective 10/08/2024