justicedao/ipfs_state_laws huggingface dataset:
123-039-0060 Application Review and Approval (1) The Department will review all submitted applications to determine if they are complete and are accompanied by all necessary supporting documentation. (2) Once the Department has determined that an application is complete, the Department shall review the applications for the following: (a) Project feasibility; (b) Whether the applicant has any active Program projects. The Department may limit the number of open projects an applicant may have at any one time; (c) The financial need of the applicant; (d) Whether the applicant’s financial resources and borrowing capacity, are sufficient to finance the project; and (e) Any other criteria set forth in the request for applications or other notices of funding availability issued by the Department. (3) Once the review is complete, the Department shall approve or reject the application. The Department may make forgivable loan decisions in a manner that maximizes the use of available resources applying prudent fiscal management of the Fund in order to manage limited funding resources and considers geographic diversity in award recipients. (a) If an application is approved the Department shall issue the applicant a notice of intent to award which will detail the amount of the award, the interest rate, and any other information the Department considers necessary. (A) The principal amount of a forgivable loan award will not exceed the total cost of the project. (B) Forgivable loan awards will not exceed five years. (C) After issuing a notice of intent to award, the Authority will begin negotiating the forgivable loan agreement with the selected applicants. (D) If the parties have not executed a forgivable loan agreement within 90 days after negotiations begin, the Authority may rescind its notice of intent to award and reallocate Program funds. (b) If the Department rejects an application, it will issue the applicant a letter of explanation. Rejection of an application does not preclude the applicant from reapplying at any time with respect to the same or another basin or aquifer. 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
123-039-0070 Application Prioritization The Department may set forth prioritization or tie breaking considerations in the request for applications or other notices of funding availability. 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
123-039-0080 Loan Requirements and Disbursement of Funds (1) Prior to the disbursement of any loan funds, the applicant must enter into a loan agreement with the Authority. (2) The loan agreement shall be in a form provided by the Authority, and must include: (a) A provision that disbursements will be according to the terms of the loan agreement; (b) A provision that the liability of the Authority under the loan agreement is contingent upon the availability of moneys in the Fund for use in the project; (c) A provision that requires the borrower to submit documentation consistent with OAR 123-039-0100(3) to the Authority in a form and schedule set forth by the Authority; (d) The Department, in its sole discretion, may require that forgivable loans issued for Aquifer Recharge testing projects include a provision that the borrower install totalizing flow meters or equivalent measurement devices to recharge and recovery wells subject to Aquifer Recharge testing as needed to ensure adequate documentation required under OAR 123-039-0100(3); and (e) Any other provision that the Authority considers necessary or appropriate to implement the Program. (3) If the forgivable loan amount is for less than the total amount needed to complete the applicant’s project, the following additional requirements apply: (a) The applicant must demonstrate to the Authority that it has binding commitments for additional funds in an amount sufficient to complete the project prior to executing the forgivable loan agreement; and (b) The forgivable loan agreement shall require that prior to disbursement of any monies from the Fund, the forgivable loan recipient must demonstrate that the project is fully funded. 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
123-039-0090 Loan Forgiveness (1) If the Department is satisfied with the documentation provided under OAR 123-039-0100(3), 100 percent of the amount of the loan shall be forgiven. (2) If the Department determines that water was used impermissibly within the terms of OAR 123-039-0100(3), the Department may require repayment of the loan in an amount proportional to the percentage of the water that was used impermissibly, with interest at a rate not to exceed five percent. 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
123-039-0100 Recipient Responsibilities (1) The recipient must comply with all applicable state laws, regulations and requirements, such as Oregon prevailing wage rates, procurement regulations, and the regulations and requirements of OWRD and DEQ permitting processes. (2) The recipient shall maintain accounts and records for all activities associated with the project and shall provide the Department reasonable access to such records upon request. (3) The recipient shall submit periodic reports on the project in the form and frequency set by the Department detailing, among other things, water use, the use of the funding and the results of the recharge testing. (4) Upon completion of the project activities set forth in the forgivable loan agreement, the forgivable loan recipient must submit documentation satisfactory to the Department that 100 percent of the water placed into the recharge went into the waters of this state and was not recovered under a secondary use limited license or secondary use permit obtained under ORS 537.534. 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
123-039-0110 Waivers and Appeals (1) The Department’s funding decisions are final and may not be appealed. (2) In its sole discretion, the Director or designee of the Department may waive non-statutory requirements of the Program if it is demonstrated that such a waiver would serve to further the goals or objectives of the Program. 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
123-041-0000 Purpose and Objective These rules establish procedures for the administration of the Aquifer Recharge Due Diligence Grant Program (“Program”), established under Oregon Laws 2023, chapter 606, Sections 28 and 29 (Enrolled House Bill 2010), under which the Infrastructure Finance Authority within Oregon Business Development Department will award grants to eligible applicants to perform due diligence activities related to Aquifer Recharge and aquifer storage and recovery. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-041-0010 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, or a county service district organized under ORS chapter 451. (9) “OWRD” means the Oregon Water Resources Department. (10) “Program” means the Aquifer Recharge Due Diligence Grant 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 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-041-0020 Eligible Applicants The following entities are eligible to apply for a Program grant: (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 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-041-0030 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) Test pit construction; (b) Borings and soil samplings necessary to design recharge basin or aquifer storage and recovery well size and location; (c) If required by OWRD, aquifer modeling necessary to meet the standards for a request to OWRD for a limited license under ORS 537.143 and 537.144, or to test Aquifer Storage and Recovery (ASR) in accordance with testing criteria under ORS 537.505 to 537.534; (d) Design and engineering necessary to reach the final 50 percent of design and engineering to result in a biddable project for Aquifer Recharge basins, aquifer storage and recovery wells and works, aquifer storage and recovery treatment systems and conveyance works from water source to recharge site; (e) Sampling required by DEQ to establish parameters for monitoring and sampling source water quality and aquifer water quality; (f) Monitoring and sampling plan development associated with permit or limited license requirements of OWRD and DEQ; and (g) Applying to the OWRD for a limited license under OAR 690-350-120 and associated public coordination. (h) For AR projects, applying to the OWRD for a Recharge Permit under OAR 690-350-0120 and OAR 690- 310-0040, and associated public coordination. (i) For ASR projects, applying to the OWRD for an ASR Permit under OAR 690-350-0030, and associated public coordination. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 50-2024, minor correction filed 11/05/2024, effective 11/05/2024 OBDD 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-041-0040 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 grant recipient or its contractors. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-041-0050 Application Requirements In order to receive a Program grant, 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) Includes: (a) Documentation establishing one of the following: (A) A USGS ground water characterization model for the targeted aquifer establishing a baseline of aquifer properties; (B) A peer-reviewed academic model for the targeted aquifer establishing a baseline of aquifer properties or documentation of agency-developed; or (C) Publicly-developed reports determining that the targeted aquifer is a potential candidate for recharge testing in order to prove that baseline data exists to warrant additional due diligence for recharging the aquifer. (b) Documentation establishing that source water is available to conduct Aquifer Recharge testing at the targeted volume and rate of the test; (c) Documentation establishing that ground water use in the targeted aquifer has been monitored and metered for at least five years immediately prior to the date on which the application is submitted; (d) Documentation demonstrating 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. (e) 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 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-041-0060 Application Review and Approval (1) The Department will review all submitted applications to determine if they are complete and are accompanied by all necessary supporting documentation. (2) Once the Department has determined that an application is complete, the Department shall review the applications for the following: (a) Project feasibility; (b) Whether the applicant has any active Program projects. The Department may limit the number of open projects an applicant may have at any one time; (c) Project readiness, including the status of the applicant’s AR or ASR pre-application conference with OWRD; (d) Technical merit of the proposal, including the viability of target aquifer as determined by USGS aquifer characterization and the outcome of the evaluation by OWRD during the ASR or AR application process; and (e) Any other criteria set forth in the request for grant applications or other notice of funding availability issued by the Department. (3) Once the review is complete, the Department shall approve or reject the application. The Department will make grant award decisions in a manner that maximizes the use of available resources, including consideration of geographic diversity in award recipients. The level of grant funding will be determined by the Department on a case-by-case basis. It may offer a lower amount of assistance than requested. The amount of the award may be the minimum amount that the Department determines is necessary to enable the project to proceed, and the Department may investigate and recommend other sources of funds for all or part of a proposed project. Projects that the Department determines are not financially feasible will not be funded. (a) If an application is approved, the Authority shall issue the applicant a notice of intent to award which will detail the amount of the award and any other information the Authority considers necessary. (A) Grant awards will not exceed the total project cost. (B) If the parties have not executed a grant within 90 days after negotiations begin, the Authority may rescind its notice of intent to award and reallocate Program funds. (b) If the Department rejects an application, it will issue the applicant a letter of explanation. Rejection of an application does not preclude the applicant from reapplying at any time with respect to the same or another basin or aquifer. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-041-0070 Application Prioritization The Department may set forth prioritization or tie breaking considerations in the request for grant applications or other notices of funding availability. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-041-0080 Grant Requirements and Disbursement of Funds (1) Prior to the disbursement of any grant funds, the applicant must enter into a grant agreement with the Authority. (2) The grant agreement shall be in a form provided by the Authority, and must include: (a) A provision that disbursement will be according to the terms of the grant agreement; (b) A provision that the liability of the Authority under the grant agreement is contingent upon the availability of moneys in the Fund for use in the project; and (c) Other provision that the Authority considers necessary or appropriate to implement the Program. (3) If the grant amount is for less than the total amount needed to complete the applicant’s project, the following additional requirements apply: (a) The applicant must demonstrate to the Authority that it has binding commitments for additional funds in an amount sufficient to complete the project prior to executing the grant agreement; and (b) The grant agreement shall require that prior to disbursement of any monies from the Fund, the grant recipient must demonstrate that the project is fully funded. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-041-0090 Grant Recipient Responsibilities (1) Grant recipients must comply with all applicable state laws, regulations and requirements, such as Oregon prevailing wage rates, procurement regulations, and the regulations and requirements of OWRD and DEQ permitting processes. (2) Grant recipients shall maintain accounts and records for all activities associated with the project and shall provide the Department reasonable access to such records upon request. (3) The recipient shall submit periodic reports on the project in the form and frequency set by the Department detailing, among other things, water use, the use of the funding, and the results of any testing funded. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-041-0100 Waivers and Appeals (1) The Department’s funding decisions are final and may not be appealed. (2) In its sole discretion, the Director or designee Department may waive non-statutory requirements of the Program if it is demonstrated that such a waiver would serve to further the goals or objectives of the Program. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023, Chapter 606 History: OBDD 21-2024, adopt filed 10/08/2024, effective 10/08/2024
123-042-0010 Purpose and Objectives Pursuant to ORS 285B.419, the Oregon Business Development Department is required to adopt rules that implement the Special Public Works Fund Program. These rules are promulgated under authority granted by ORS 285B.419(1) and 285A.075. Statutory/Other Authority: ORS 285B.419 & 285A.075 Statutes/Other Implemented: ORS 285B.410 - 285B.482 History: OBDD 41-2010, f. 11-30-10, cert. ef. 12-1-10 Reverted to EDD 4-2002, f. & cert. ef. 2-26-02 EDD 5-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 4-2002, f. & cert. ef. 2-26-02 ED 12-2000, f. 8-9-00, cert. ef. 8-14-00 EDD 9-1992, f. & cert. ef. 4-29-92 Reverted to EDD 26-1990, f. & cert. ef. 10-11-90 EDD 14-1991(Temp), f. & cert. ef. 10-17-91 EDD 26-1990, f. & cert. ef. 10-11-90 EDD 5-1988, f. & cert. ef. 2-17-88, Renumbered from 120-050-0010 EDD 3-1987(Temp), f. 8-17-87, ef. 8-20-87 IRD 9-1986, f. 6-30-86, ef. 7-1-86 IRD 1-1986(Temp), f. & ef. 1-14-86
123-042-0036 Project Priorities and Funding (1) The authority may consider the following priorities when determining a development project’s eligibility, including but not limited to: (a) Projects that help create or retain permanent jobs. (b) Projects for which a municipality has documented a strong likelihood of creating construction jobs or otherwise promoting or contributing to economic and community development. (c) Projects for which a municipality has documented substantial local commitment to the project’s success. (d) Projects for which a municipality has documented how the benefits of the project will be preserved over the project life. (e) Projects for which a municipality has documented how the project will utilize natural or green infrastructure to provide multiple benefits for the environment and human well-being. (2) The authority may apply the following procedure when determining whether to make an award for an eligible development project: (a) The authority will review project concepts and/or project information contained in the project intake form. (b) Proposed projects that the authority determines to be eligible, meet the Board approved prioritization criteria, are a high priority and address the goals of the program, will be advanced to the next step. A proposed project that is not advanced will be referred to other possible funding source(s) or referred back to the proposing municipality for further project development. (c) High priority projects will be funded on a funds available basis. Statutory/Other Authority: ORS 285B.419 & 285A.075 Statutes/Other Implemented: ORS 285B.410 - 285B.482 History: OBDD 8-2021, amend filed 12/17/2021, effective 12/17/2021 OBDD 4-2016, f. & cert. ef. 2-29-16 OBDD 9-2015(Temp), f. & cert. ef. 10-1-15 thru 3-27-16 OBDD 41-2010, f. 11-30-10, cert. ef. 12-1-10 EDD 31-2008, f. 10-2-08, cert. ef. 10-3-08 EDD 13-2008(Temp), f. & cert. ef. 4-9-08 thru 10-5-08 EDD 10-2006, f. & cert. ef. 11-1-06