123-135-0087 Grant Contract Conditions (1) Municipal and eligible non-profit organization applicants may be eligible for grants. Determination of grant eligibility will be made by the Department at the time of award and may be based on subsidy need, credit risk, economic benefit, and other appropriate considerations. The Department has the discretion to impose conditions on the grant. Conditions shall be part of the grant contract, and if appropriate, the Department may require the recipient to demonstrate or document how the conditions have or will be met before funds are disbursed in whole or in part. (2) All grant awards require some level of match. The level of match required will be determined based upon the liability considerations associated with the applicant and may have some portion waived if the applicant acquired the property according to ORS 465.327. (3) For municipal and qualifying non-profit organization grant recipients, acceptable grant match includes cash, in-kind services, or other contributions of measurable value. (4) For municipal and qualifying non-profit organization grant recipients that are not potentially liable for having caused or contributed to the release of contamination at the site and for which the project is located in or benefits a designated economically distressed community, the grant match is ten percent (10%) of the total award. (5) For municipal and qualifying non-profit organization grant recipients that are not potentially liable for having caused or contributed to the release of contamination at the site and for which the project is not located in or does not benefit a designated economically distressed community, the grant match is twenty percent (20%) of the total award. (6) Municipal and qualifying non-profit organization applicants that are potentially liable because the applicant’s conduct lead to or contributed to the release of contamination at the site receiving the environmental action are subject to a one to one (1:1) or 100% of award match requirement. Match must be in cash. (7) Grant awards cannot exceed the final total project cost less the required match with a maximum award of $60,000. For grant funded projects with a match ratio of one to one (1:1), the final grant award shall not exceed fifty percent (50%) of the total final project cost or a maximum award of $60,000. (8) If the environmental action at the site was funded with a condition requiring repayment of the grant the grant award must be repaid with any net profits generated from the resale of the site if that sale occurs within five (5) years after the completion of the environmental action. The repayment amount is the lesser of either the net profits or the amount of the grant award. Net profits equal the resale price less the sum of the purchase price and the required match for the project. In the case of properties resold by a county after property tax foreclosure, net profits equal the sum of the outstanding property tax, required match, and eligible expenses incurred by the County prior to award that are related to conducting environmental actions on the property. (9) The Department shall make available technical assistance grants to municipalities for capacity building. Technical assistance grants may not exceed $25,000 per municipality. Technical assistance grants shall not be subject to financial review. Technical assistance grants shall require a 10% match which may include case, in-kind services or other contributions of measurable value. (10) Notwithstanding applicant and project eligibility, the amount of a grant award shall be based on the availability of grant funds at the time of the award. The grant capacity of the Fund is determined by the Department based on a percentage of biennial allocations. The Department has the discretion to make grant awards less than the amount requested in the application if it is necessary to ensure grant capacity until the next allocation to the Fund by the Commission. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 18-2002, f. & cert. ef. 12-10-02