justicedao/ipfs_state_laws huggingface dataset:
123-700-0060 Eligible Applicants (1) As determined by the Department, to be an eligible applicant for a Child Care Infrastructure Program award, applicants must be one of the following: (a) Municipality; (b) Certified or registered family child care provider as established in ORS 329A.280 or ORS 329A.330; (c) A person or Non-Profit Organization that operates a Child Care Facility; (d) A child care center certified under ORS 329A.280; (e) Federally recognized Indian tribes in Oregon that are preschool providers participating in the Preschool Promise Program established under ORS 329.172; (f) Organizations that support the expansion or establishment of child care providers; (g) Programs that serve children in publicly funded early learning and care programs including: (A) Programs funded by the Early Childhood Equity Fund established under ORS 417.781; (B) Relief nurseries; (C) Programs that receive subsidies through the Employment Related Day Care subsidy program under ORS 329A.500; (D) Programs that provide early childhood special education or early learning intervention services, as provided by ORS 343.475; (E) Oregon Head Start, prekindergarten and Early Head Start programs; (F) Entities that receive awards under the Preschool Promise Program established under ORS 329.172 or the Oregon Prekindergarten Program established under ORS 329.175; (h) Culturally Specific Early Learning Programs, early childhood and parent support programs described under ORS 417.782(1); (i) School Districts that meet a 100% match requirement; (j) Outdoor nature based child care programs; and (k) New child care providers seeking licensure, provided that the new child care provider provides the Department with sufficient documentation to demonstrate to the satisfaction of the Department that, (A) The applicant's background check has been cleared; and (B) The items requested are requirements of the relevant regulatory authorities for the purpose of operating a Child Care Facility. (2) To be eligible, each applicant must: (a) Unless exempt, be registered with the Oregon Secretary of State to do business in Oregon; (b) Unless exempt, have and maintain an active license to operate a Child Care Facility from the Oregon Department of Early Learning and Care; (c) Be headquartered in Oregon and have its principal operations in Oregon; (3) Notwithstanding the eligibility provisions of this rule, the Department may limit the number applications an applicant may submit in response to an RFA or limit the number of open Program projects an applicant may have at one time. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0070 Eligible Projects and Project Costs (1) Eligible projects under the Program include: (a) Construction of new Child Care Facilities; (b) Renovation, expansion, repair, modernization, or retrofitting of an existing Child Care Facility; (c) Renovation, expansion, repair, modernization or retrofitting of existing facilities to establish a Child Care Facility; (d) Acquisition of property to be used to establish a Child Care Facility that will not be used as a private domicile; and (e) Planning Projects conducted for the purpose of completing a project described under section (1)(a)-(d) of this rule. (2) Reasonable and necessary costs for eligible projects are allowable. Allowable costs shall be determined by the Department and include: (a) For eligible projects under (1)(a) of this rule, (A) Predevelopment and planning; (B) Architectural drawings and plans; (C) Direct project management costs that represent new expenses incurred solely to support, plan for, and manage an eligible project. (D) System Development Charges; (E) Construction activities; (F) Construction contingencies; (b) For eligible projects under (1)(b) of this rule, (A) Costs listed under section (2)(a) of this rule; (B) Water leak mitigation and plumbing; (C) Electrical work, earthquake retrofits, or fire suppression systems; (D) Americans with Disabilities Act or green building standard upgrades; (E) Heating, ventilation, and air conditioning systems that are permanently installed; (F) Air purification or filtration systems that are permanently installed; (G) Hazard testing and mitigation; (H) Demolition or structural changes; (I) Classroom updates; and (J) Playground and outdoor upgrades. (c) For eligible projects under (1)(c) of this rule, (A) Costs listed under section (2)(a) and (2)(b) of this rule; and (B) Facility modifications necessary to satisfy relevant licensing requirements. (d) For eligible projects under (1)(d) of this rule, (A) Costs listed under section (2)(a), (2)(b), and (2)(c) of this rule; and (B) Appraisal costs. (e) For eligible projects under (1)(e) of this rule, (A) Architectural designs or engineering plans; and (B) Feasibility studies. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0080 Ineligible Project Costs (1) Only costs expressly allowed by OAR 123-700-0030 are eligible. All other project costs, including but not limited to those listed below, are ineligible: (a) Acquisition of a home that will be used as a private domicile; (b) Indirect costs; (c) Project or Child Care Facility operating or maintenance expenses; (d) Classroom furnishings, items for curriculum use, and any unfixed, movable equipment; (e) Consumables, supplies, or other items with short lifespans; (f) Costs for construction activities that were not performed by a contractor licensed by the Oregon Construction Contractors Board (CCB) and the Oregon Corporate Division; (g) Insurance; (h) Internet provider costs; (i) Rent or lease payments; (j) Fines or penalties incurred by the violation of federal, state, or local laws, or ordinances or regulations; (k) Legal fees and costs; (l) Marketing; (m) Training or apprenticeship costs; (n) Relocation or moving costs associated with the project; (o) Purchase or lease of vehicles; (p) Start up costs, including operations/staff salaries; (q) Technology systems (computers, phones, media devices); (r) Travel or per diem expenses. (2) Any and all costs incurred for work completed prior to an award are not eligible for reimbursement. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0090 Loan and Grant Information (1) The Department will make Program awards in a manner that maximizes the use of available resources and maintains the Department's desired credit standards of the Fund. The Department shall determine the amount of grant or loan funds to be awarded, interest rate, and the terms of any award issued in response to the RFA. OBDD may offer an alternate mix of grant or loan awards or lower amount of award than requested by an applicant. The Department may investigate and recommend other sources of funds for all or part of a proposed project. (2) Grant awards for Child Care Infrastructure Projects are each limited to $2,000,000 and shall not exceed the total project cost; (3) Grant awards for Planning Projects are each limited to $75,000 and shall not exceed the total project cost; (4) The Department will not award more than $2,000,000 total in grants for Planning Projects per biennium. (5) Loan awards for Child Care Infrastructure Projects are each limited to $2,000,000 and shall not exceed the total project cost; (a) The terms of the loan for Child Care Infrastructure Projects will not exceed the useful life of the contracted project or 30 years from the year of project completion, whichever is less. (b) The term of a loan will be based on prudent and reasonable financial underwriting in the Department's sole discretion; (c) The Department, in its sole discretion, may offer eligible borrowers an interest rate that is below the market rate; and (d) Security pledges shall be required for all loans awarded in response to the RFA with the form and amount of security determined by the Department consistent with the nature of the project and the credit worthiness of the recipient. (6) Loan awards for Planning Projects are each limited to $75,000 and shall not exceed the total project cost; (a) The term of the loan for Planning Projects will not exceed 10 years from the year of project completion and; (b) Conditions described under section (5)(b)-(d) of this rule. (7) Grants or loans issued for property acquisition may not exceed the purchase price or the fair market value of the property based on a current appraisal performed by an Oregon state licensed or certified appraiser, whichever is less. (8) As provided in ORS 329A.727, the Department must distribute a minimum of 25% of the appropriated funds to culturally specific early learning, early childhood and parent support programs described under ORS 417.782 (1). Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0100 Conditions Precedent to Disbursement of Funds Notwithstanding the issuance of a notice of intent to award, the Department will not disburse grant or loan funds until each of the conditions set forth below are satisfied: (1) The Department and the recipient have executed a binding contract and the contract shall be in a form provided by the Department, and must include: (a) A provision that disbursements from the Fund will be according to the terms of the contract; (b) A provision that the Department's obligations under the contract are contingent upon the availability of moneys in the Fund for use in the project; (c) If any portion of the assistance is in the form of a loan, the contract must contain a provision granting the Department a lien on or a security interest in collateral, as determined by the Department in its sole discretion, to sufficiently secure repayment of the loan or bond; (d) A provision that the recipient shall comply with a Continued Use Period requirement as determined by the Department; (e) A provision that for a period of up to three (3) years after project completion, the Department may request that the Recipient, at its own expense, submit data on the benefits of the project, including but not limited to, information on number of children served resulting from the project, and other information necessary to evaluate the success and economic impact of the project; (f) If the contract is between the Department and any other entity than an individual, the contract must be authorized by an ordinance, order or resolution adopted by the governing body or partners of the entity, and in accordance with any applicable requirements for notice and authorizing debt; (g) A provision that the recipient will comply with all applicable state and federal laws, regulations and orders of any court or governmental authority that relate to the contract, the project and the operation of the facilities or infrastructure of which the project is a component. In particular, but without limitation, the recipient shall comply with the following, as applicable: (A) All federal or state tax laws applicable to Recipient's implementation of the project and its use of the Program funds. (B) State procurement regulations found in the ORS Chapters 279A, 279B and 279C; (C) State labor standards and wage rates found in ORS Chapter 279C; (D) Oregon prevailing wage rates, municipal audit law, and procurement regulations; and (E) Public display of information on Lottery funding of a project found in ORS 280.518. Recipient shall include the following statement, prominently placed on all plans, reports, bid documents and advertisements relating to the Project: "This Project was funded in part by the Oregon State Lottery and administered by the Oregon Business Development Department."; and (2) The Department may request the recipient comply with any other provisions the Department considers necessary or appropriate to implement the Program. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0110 Recipient Responsibilities & Service Requirements (1) The recipient shall have a plan for ongoing operation and maintenance that will preserve the project's benefits over the Continued Use Period. (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. The recipient shall submit periodic reports on the project if requested by the Department. (3) If applicable, construction must start within 180 days of contract execution and award funds must be entirely spent within three years of the associated bond sale. (4) If a contract has not been fully executed by all the parties within 60 days of Recipient receiving contract document, the Department may rescind its notice of intent to award and reallocate Program funds. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
123-700-0120 Waivers and Appeals (1) In its sole discretion, 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. (2) The Department will set forth any appeals from a funding decision in the RFA. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: OR Laws 2023 ch 523 History: OBDD 18-2024, adopt filed 07/17/2024, effective 07/17/2024
124-001-0010 Purpose The Eastern Oregon Economic Development Region, Board and Fund were established by the Oregon Legislature in 2017 through HB 2012. The purpose of this chapter of rules is to support, implement and define the programming criteria to ensure economic growth with the Region. Statutory/Other Authority: ORS 284.771 - 284.801 Statutes/Other Implemented: ORS 284.771 - 284.801 History: EOBED 1-2019, adopt filed 10/04/2019, effective 10/04/2019
124-001-0020 Eastern Oregon Border Economic Development Region (1) The Eastern Oregon Border Economic Development Region (Region) is established to promote workforce development, create or retain jobs, expand business and promote economic development with Oregon communities bordering Idaho. (2) The Region consists of the follow areas: (a) Within 20 miles of the Oregon border with the State of Idaho, including but not limited to Ontario, Vale and Nyssa (b) An area in Oregon that is across the Oregon border from Weiser, Idaho; (c) Is an area southwest of Vale for a distance of 10 miles; and (d) Includes Willow Creek and Brogan. Statutory/Other Authority: ORS 284.771 - 284.801 Statutes/Other Implemented: ORS 284.771 - 284.801 History: EOBED 1-2019, adopt filed 10/04/2019, effective 10/04/2019
124-005-0010 Definitions (1) “Board” means the Eastern Oregon Border Economic Development Board. (2) “Department” means the Oregon Business Development Department. (3) “Economic development” means development that: (a) Relates to and supports: (A) The economic health or recovery of the region; (B) Business enterprise and activities in the region; or (C) Development or certification of regionally significant industrial sites in the region; (b) Creates jobs or prevents the loss of jobs in the region; or (c) Promotes or expands businesses or prevents the decline of businesses located or to be located in the region. (5) “Fund” means the Eastern Oregon Border Economic Development Board Fund as defined in ORS 284.801. (6) “Local Government” has the meaning given that term in ORS 174.116. (7) “Region” means the Eastern Oregon Economic Border Region. (8) “Regionally significant industrial site” has the meaning given that term in ORS 285B626. (9) “Traded Sector” has the meaning given in ORS 285A.010. (10) “Workforce development” means activities or services that assist individual to attain employment, progress along career pathways or establish and maintain businesses and that promote economic development by making skilled employees more readily available. “Workforce development” includes: (a) Education, training and apprenticeships; (b) Labor market analysis; (c) Employment and reemployment assistance; (d) Employee recruitment and retention; (e) Workforce programs that have a primary mission of helping individuals become employed, retain employment, increase wages, progress along career pathways or establish and maintain businesses; (f) Convening, coordinating, oversight and evaluation activities and services for business and state workforce agencies; and (g) Development and improvement of residential housing to attract and keep employees in the region. Statutory/Other Authority: ORS 284.771 - 284.801 Statutes/Other Implemented: ORS 284.771 - 284.801 History: EOBED 1-2019, adopt filed 10/04/2019, effective 10/04/2019
124-010-0010 Eligible Applicant An "Eligible Applicant" includes: (1) Local governments; (2) Institutions of higher education defined in ORS 348.582 (3) Private or nonprofit businesses whose principal place of business or the majority of whose workforce is located in the Region; (4) Small business development centers established in ORS 265B.165 to 285B.171; (5) Economic development organizations; (6) School districts; and (7) Private persons and public, private, and non-profit entities promoting housing, workforce, or economic development within the Region. Statutory/Other Authority: ORS 284.771 - 284.801 Statutes/Other Implemented: ORS 284.771 - 284.801 History: EOBED 1-2019, adopt filed 10/04/2019, effective 10/04/2019
124-010-0020 Project Eligibility The Fund may be used to finance projects that will be used for: (1) Economic development within the Region in that leads to private investment in order to create and retain jobs, and establish or expand businesses; (2) Expansion of transportation infrastructure to ensure traded sector goods and services can move in and out of the Region. (3) Expansion or enhancement of workforce development in the region, including development and improvement of residential housing necessary to attract and keep employees in the region that is responsive to the Region’s businesses and industries. (4) Certification of regionally significant industrial sites within the Region. (5) Due diligence assessment, or other assessment and evaluations that prepare a site for development under the Oregon Industrial Site Readiness Program ORS 285B.635 to 285B.640. (6) Extension of private utilities, including but not limited to gas and electrical connections, to regionally significant industrial sites within the Region. (7) Provision of support services and technical assistance to entrepreneurs and business owners in the Region, including but not limited to small business development centers established under ORS 285B.165 to 285B.171. Statutory/Other Authority: ORS 284.771 - 284.801 Statutes/Other Implemented: ORS 284.771 - 284.801 History: EOBED 1-2019, adopt filed 10/04/2019, effective 10/04/2019
124-010-0030 Ineligible Expenditures The Fund may not be used to assist: (1) The retirement or service of debt for any public or private entity; and (2) Expenses incurred prior to the date of award by the Board unless otherwise approved by the Board. Statutory/Other Authority: ORS 284.771 - 284.801 Statutes/Other Implemented: ORS 284.771 - 284.801 History: EOBED 1-2019, adopt filed 10/04/2019, effective 10/04/2019
124-010-0040 Application and Board Review (1) Applications may be made to the Board for loan or grant funding for eligible projects at a time and place designated by the Board after consultation with the Department. Applications for a loan must include: (a) A plan for repayment of moneys borrowed plus interest; (b) Evidence of debt assurance of, or security for, repayment for the applicant; and (c) Such other information as may be requested of the applicant to evaluate creditworthiness according to industry standards. (2) The Board will publicly advertise all specific funding opportunities. The advertisement will detail all necessary information needed to submit an application including: (a) Subject matter and purpose for each opportunity; (b) Type of entity eligible to apply; (c) Types of application materials required; (d) Forms to be used; and (f) Due dates (3) The Board may establish review panels to prioritize all proposals received and make funding recommendations to the Board. The full Board will determine all awards after review of the Department’s evaluation, public comment, review committee input, and any other input the Board deems necessary to make an informed decision. Statutory/Other Authority: ORS 284.771 - 284.801 Statutes/Other Implemented: ORS 284.771 - 284.801 History: EOBED 1-2019, adopt filed 10/04/2019, effective 10/04/2019
124-010-0050 Project Funding (1) The Board may provide financing for an eligible applicant’s project within the Region in the form of a grant or loan. (2) The Board may not have any more than 10 open grant awards at any one time. (3) The Board shall consider the following evaluation materials provided by the Department when determining the award of a grant or loan. Evaluative materials provided by the Department shall include at a minimum: (a) An evaluation of proposed timelines for completion of a project for which Fund monies will be used; (b) An evaluation or whether necessary development permits have been or can be obtained; (c) A recommendation how to maximize Fund monies to ensure successful completion of a project; (d) An assessment of an applicant’s ability to repay a loan; (e) A review of the strengths, weaknesses and risks associated with an applicant or project; and (f) Recommendations regarding terms and conditions for an approval of a grant or loan. (4) The Board may utilize the following considerations when determining whether to award a loan or grant: (a) Whether a project is ready for implementation; (b) An Applicant’s commitment of funding contributions for a project from other public, private, or non-profit source; (c) A project’s ability to s upport the retention or creation of jobs in the region ; (d) The anticipated increase in local tax revenue as a result of the project; (e) A project’s expected useful life; (f) The anticipated number of businesses or residents served; (g) A project’s ability to not rely on future public subsidies for ongoing operations or maintenance; (h) Performance metrics provided by an Eligible Applicant; and (i) Any other considerations the Board determines necessary to make an informed decision regarding utilization of monies from the Fund. Statutory/Other Authority: ORS 284.771 - 284.801 Statutes/Other Implemented: ORS 284.771 - 284.801 History: EOBED 1-2019, adopt filed 10/04/2019, effective 10/04/2019
125-001-0000 Notice of Proposed Rule Prior to adoption, amendment or repeal of any rule, the Department of Administrative Services shall give notice of the intended action by: (1) Publishing in the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days prior to the effective date of the intended action. (2) Mailing a copy of the notice to certain legislators at least 49 days before the effective date of the rule. ORS 183.335(1)(d). (3)(a) Mailing a copy of the notice to persons or organizations on the Department's mailing list, established pursuant to ORS 183.335(8), at least 28 days prior to the effective date of the intended action. (b) An interested person or organization may request to be placed on the Department's mailing list by submitting its request in writing to the Department of Administrative Services, Agency Rules Coordinator, 155 Cottage Street NE, Salem, OR 97301 or by telephoning 971-720-0824. (4) Mailing or furnishing a copy of the notice to: (a) The Associated Press; (b) State Agency Administrators; and (c) The Capitol Building Press Room. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: DAS 2-2022, minor correction filed 04/26/2022, effective 04/26/2022 DAS 6-2003, f. & cert. ef. 10-24-03 DASII 5-1996, f. 12-31-96, cert. ef. 1-1-97 GS 6-1986, f. 9-3-86, ef. 10-1-86 GS 2-1982, f. 1-29-82, ef. 2-1-82 GS 1-1980, f. & ef. 1-11-80 GS 2-1978, f. & ef. 4-25-78