123-165-0020 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, unless the context requires otherwise the following definitions apply: (1) "Allocation" means an original allocation or reallocation of recovery zone bond volume cap. (2) "ARRA" means the American Recovery and Reinvestment Act of 2009, H.R. 1, as amended. (3) "Code" means the Internal Revenue Code of 1986, as amended. (4) "Notice" means Notice 2009-50, published by the U.S. Treasury Department on June 12, 2009. (5) "Notice of Intent" means a notice of intent to issue Recovery Zone Bonds on a form provided by the Department, which shall include the following: (a) Name of Recipient receiving Allocation; (b) Name of unit of local government that will issue the Recovery Zone Bonds; (c) Type of Recovery Zone Bonds to be issued; (d) Description of area designated as Recovery Zone; (e) Description of project to be financed; (f) Dollar amount of the bond issue and amount of Allocation to be used and amount of Allocation (if any) remaining after such issuance; (g) Any Reallocation requested by the Recipient for the project; (h) If applicable, that the Recipient does not intend to use some or all of its Allocation, and is waiving such Allocation (or if less than all, the portion of Allocation being waived). In connection with any such waiver, the Recipient may designate a project being undertaken by another unit of local government within the jurisdiction using Recovery Zone Bonds, and request that the waived Allocation be reallocated to such unit of local government in connection with such project. (i) Such other information as may be prescribed by the Department. (6) “Original allocation” means the initial authorization for units of local government to issue Recovery Zone Facility Bonds or Recovery Zone Economic Development Bonds pursuant to ARRA. Oregon received $155,175,000 in Allocation for Recovery Zone Facility Bonds and $103,450,000 in Allocation for Recovery Zone Economic Development Bonds for 2009 and 2010; the original allocations awarded to counties and municipalities in the State are found in the Notice. (7) “Originally awarded locality” means a city or county that received an original allocation of recovery zone economic development bond or recovery zone facility bond authority. (8) "Reallocation" or “Reallocate” means an action by the department to allocate waived Recovery Zone Facility or Recovery Zone Economic Development Bonds volume cap to an eligible unit of local government. (9) "Recipient" means any unit of local government that received an original allocation or reallocation. (10) "Recovery Zone" means any area within the jurisdiction of the Recipient, designated as a "recovery zone" in accordance with Code Section 1400U-1(b) by the Internal Revenue Service or local determination in compliance with the Code. (11) "Recovery Zone Bonds" means Recovery Zone Economic Development Bonds and Recovery Zone Facility Bond. authorized under Section 1401 of Title I of Subtitle B of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115 (2009), that may be issued by states, counties, certain municipalities and other qualified issuers within each state before January 1, 2011. (12) "Recovery Zone Economic Development Bonds" means Recovery Zone Economic Development Bonds issued pursuant to Code Section 1400U-2, which in general are governmental bonds issued by a qualified issuer for economic development purposes (as defined in Code Section 1400U-2) that provide for a refundable tax credit paid to the issuer of the bonds in an amount equal to 45% of the taxable interest payable to investors in such bonds. (13) "Recovery Zone Facility Bonds" means Recovery Zone Facility Bonds issued pursuant to Code Section 1400U-3, which in general are a type of private activity, exempt facility bond that permit financing of recovery zone property (as defined in Code Section 1400U-3) for use in any trade or business other than certain prohibited businesses enumerated in Section 1400U-3(c)(2). (14) "Volume cap" or “Cap” means the recovery zone bond volume limitation allocated to each state and to counties and municipalities within each state in accordance with Code Section 1400U-1. 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