justicedao/ipfs_state_laws huggingface dataset:
695-047-0070 Focused Investment Partnership Initiative Expert Review Process For Focused Investment Partnership Initiatives, OWEB shall convene an Expert Review Team. The Expert Review Team shall evaluate , rank, and provide a funding recommendation for Focused Investment Partnership Initiative applications based on the information provided and according to criteria described in OAR 695-047-0060 and OAR 695-005-0045 . Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0080 Focused Investment Partnership Initiative Funding Recommendation Process For Focused Investment Partnership Initiative applications: (1) OWEB staff shall review the results from the Expert Review Team and make a funding recommendation , based on the current Board-adopted spending plan line item for Focused Investment Partnership Initiatives, to a Board committee. The results from the Expert Review Team and OWEB staff funding recommendations shall be provided to applicants and the Board. (2) The Board committee shall interview Core Partners proposing an Initiative. (3) The Board committee shall make a funding recommendation to the Board based on the results of the Expert Review Team, the OWEB staff funding recommendations, the interview of the core partners, and the evaluation criteria described in OAR 695-047-0060. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0090 Board Funding Decision For Focused Investment Partnership Initiatives, the Board shall award funds on a biennial basis. Subject to Board evaluation and future appropriations, the Board seeks investment for up to six years for each Initiative. Prior to soliciting for Initiatives, the Board shall determine the maximum amount for biennial awards. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0100 Focused Investment Partnership Implementation Initiative Partnership Agreement (1) For Focused Investment Partnership Initiatives, a partnership agreement shall be executed between OWEB and Core Partners that shall stipulate the terms of the Initiative. (2) The agreement shall include at a minimum: points of contact, purpose of initiative, scope of initiative, process for submitting project-level grant applications, review process, funding conditions, roles and responsibilities of signatories, and methodology to address any potential changes in composition of the core partnership. (3) Only organizations that are signatory to the partnership agreement are eligible to apply for project level grants. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0110 Focused Investment Partnership Implementation Initiative Project-level Grant Process (1) The core partners of a Focused Investment Initiative shall select projects to implement the Initiative. (2) Project applications shall be submitted on the most current format prescribed by OWEB, on a schedule determined by the partnership and OWEB staff. (3) Consistent with OAR 695-005-0030(2), project applications shall include a matching contribution from other non-Board program funds or in-kind services. The matching contribution may include sources of funding from other projects in the Initiative that are consistent with the activities described in the partnership's Initiative application and expended within the geography of the Initiative. ( 4 ) Following consultation with the partnership about expertise that is relevant to the Initiative’s focus, a T echnical R eview T eam shall be convened by OWEB. ( 5 ) The T echnical R eview T eam shall meet to evaluate project-level applications according to the project’s compatibility with the Initiative’s proposal and relevant evaluation criteria established in OAR Chapter 695. Representatives of the partnership shall be provided an opportunity to meet with the Technical Review Team during the project evaluation to provide context for proposed projects. ( 6 ) OWEB staff shall provide the T echnical R eview T eam evaluations to the applicant. Applicants and staff shall address any revisions to the project recommended by the Technical R eview T eam comments through edits to the project-level grant application or other agreed upon process. ( 7 ) Grant types for Focused Investment Initiatives are Restoration (OAR 695-010), Engagement (OAR 695-015), Monitoring (OAR 695-025), Technical Assistance (OAR 695-030), Land Acquisition (OAR 695-045), and Water Acquisition (OAR 695-046). Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0120 Distribution of Funds Focused Investment Partnership Initiative funds shall be distributed through project-level grant agreements through a process described in the partnership agreement described in OAR 695-047-0100. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0130 Reporting (1 ) R eporting for project-level grants shall be determined in each project grant agreement. (2) At the end of each biennium, the Focused Investment Initiative partnerships shall, in collaboration with OWEB staff, report the following to the Board: (a) Initiative progress for the biennium; (b) Additional investments generated through the Initiative beyond match used for project-level applications; (c) Updated Work Plan and budget proposed for the next biennium; and (d) Any proposed changes to the geography, scope, or Core Partners of the Initiative. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-047-0140 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 47 unless required by statute, when doing so will result in more efficient or effective implementation of the Board’s Focused Investment Partnership grant program. Any waiver must be in writing and included in the grant file to which the waiver applies. Any waiver of the requirements of Division 47 will be reported to the Board at the next Board meeting. The administrative rules for Focused Investment Partnership grants shall be periodically reviewed by the Board and revised as necessary and appropriate. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2018, adopt filed 02/02/2018, effective 02/02/2018
695-048-0010 Purpose (1) These rules guide the Oregon Watershed Enhancement Board “OWEB” in administering the Drinking Water Source Pro t ection Grant Program u nder the provisions of ORS 448.370- 448.380 . The program includes grants to W ater S uppliers to protect, restore , or enhance sources of drinking water through: ( a ) T he acquisition of lands from willing sellers ; ( b ) E ntering into covenants, easements , or similar agreements with willing landowners ; or ( c ) R epaying a loan used to finance a P roject as described in OAR 695-048-0010 (1) (a) or ( b ) . (2) The program intent is that l an ds protected by this program will benefit a source of drinking water used by a W ater S upplier . (3) This Chapter 695 , Division 48 supplements the OWEB Grant Program rules under OAR Chapter 695, Division 5 , which also apply to this program. D ivision 48 provides specific requirements for the OWEB Drinking Water Source Protection Grant Program . In any conflict between these requirements and requirements identified in OAR 695-005, the Drinking Water Source Protection Grant Program requirements in this division will take precedence. Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0030 Protective Instrument Requirements ( 1 ) A Pr otective Instrument accomplishing the protection , restoration, or enhancement of land for the benefit of a drinking water source, other than a deed conveying an estate in fee simple absolute , acquired with funds awarded in a Drinking Water Source Protection G rant shall include: (a) A legal d escription of the land subject to the Protective Instrument acquired ; (b) T he objectives of the g rant and terms demonstrating how the P rotective I nstrument will meet those objectives ; (c) Specific obligations of the Grantee including, but not limited to: ( A ) A r equirement that the Grantee will monitor the property , at least annually, and enforce the terms in the Protective Instrument ; ( B ) A r equirement that the Grantee will repay the grant funds to OWEB if Grantee fails to enforce the terms of the Protective Instrument ; ( C ) A covenant that the Grantee will not modify , assign , transfer, or convey the Pro tective Instrument without the consent of OWEB and , if applicable, the Department of Administrative Services ; and ( D ) Terms that provide for the obligations to run with the land and bind any successor in interest or permitted assignee . (d) A r equirement that OWEB and its designees will be provided sufficient legal access to the land protected, restored, or enhanced for the benefit of a drinking water source accomplished by the P rotective Instrument acquired with Drinking Water Source Protection Grants , given reasonable notice, for the purpose of compliance inspections . (e) The duration of the protection of land for the benefit of a drinking water source accomplished by the Protective Instrument : ( A ) A C onservation E asement shall last in perpetuity. ( B ) The duration of the protection of land for the benefit of a drinking water source accomplished by any other Protective Instrument, other than a deed conveying an estate in fee simple absolute , may last for a term unlimited in duration unless the instrument creating it otherwise provides. A real covenant term shall be set at 12-month increments only and not partial years. (2) If the Project includes a Partnership with a Holder, and the Grantee will not hold the P rotective Instrument , the Holder will be required to execute any Protective Instrument so that it meets the requirements in OAR 695-048-0030(1)(a)-(e) . (3) If a Grantee, or a Holder in P artnership with the Grantee, acquires an estate in fee simple absolute , the Grantee or the Holder, sh all r ecord on title a Notice of Grant Requirements that includes OAR 695-048-0030(1)(a)-(e) . Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0040 Eligible Applicants (1) Eligible applicants include W ater S uppliers with service populations at or below 25,000 users . Applicants described in OAR 695-005-0040 (2) are not eligible for Drinking Water Source Protection Grants unless they otherw ise qualify as W ater S uppliers . ( 2 ) Eligible W ater S uppliers may form P artnerships with eligible H olders . Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0050 Eligible Properties (1) Eligible properties for Drinking Water Source Protection G rants are lands for which the acquisition of a Protective Instrument will result in the protection, restoration , or enhancement of those lands for the benefit of a drinking water source used by the W ater S upplier. (2) Eligible properties must be partially or fully within a delineated Drinking Water Source Area . Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0060 Eligible Systems (1) Eligible Public W ater S ystems include : (a) Community Water Systems owned by a local government or non-profit Water Supplier ; ( b ) Transient Non-Community Water Systems owned by a local government or non-profit Water Supplier ; ( c ) Non-Transient Non-Community Water Systems owned by a local government or non-profit Water Supplier ; ( d ) Oregon Very Small Water Systems owned by a local government or non-profit Water Supplier ; and ( e ) Tribal Public Water Systems. (2) The following Water Systems are ineligible for Drinking Water Source Protection Grants : (a) Federally owned W ater S ystems ; (b) State owned Water Systems; and (c) Water Systems operated for profit. Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0070 Maximum Grant Amount The maximum available award for a Drinking Water Source Protection G rant is $3,000,000 . Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0080 Matching Contributions (1) N otwithstanding anything to the contrary in OAR Chapter 695 , Division 5, a grant recipient shall provide at least five percent of the total Board Grant request as a match. Match contributions must be from non-OWEB sources . (2) The following funds and activities qualify as m atch: (a) In-kind contributions to activities listed under OAR 695-048-0 10 0 ; (b) Funding commitments made by others as a result of grant applicant efforts; (c) The forgiven portion of a loan that was used to acquire the Protective Instrument ; (d) Interest paid on a loan that was used to acquire the Protective Instrument; and ( e ) A donated portion of a sale . (3) Match contributions qualify if they were incurred no earlier than 18 months before the applicable Drinking Water Source Protection G rant application deadline. ( 4 ) The Director retains the discretion to determine whether specific proposed match contributions not specifically identified in OAR 695-048-00 8 0(2) (a)-(e) can be recognized as qualifying match. Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0120 First Grant Solicitation Cycle For applications submitted during the first grant solicitation cycle of the Drinking Water Source Protection Grant Program, Matching Contributions (OAR 695-048-0080), Use of Grant Funds (OAR 695-048-0100), and Evaluation Criteria (OAR 695-048-01 1 0) are modified in the following respects (collectively, the “First Cycle Modifications”): (1) Loan repayment and associated eligible costs are eligible activities that can be funded by General Funds for transactions that have closed no more than 60 months before the applicable Drinking Water Source Protection Grant application deadline. (2) Eligible match for Projects described in OAR 695-048-0100(1) ( a)-( c) can date back to 60 months before the applicable Drinking Water Source Protection Grant application deadline for projects funded by General Funds . (3) A third-party demonstration of market value of the Protective Instrument is not required for loan repayments . (4) OWEB retains discretion to not apply some evaluation criteria in OAR 695-048-01 1 0 to applications submitted for loan repayment during the first grant solicitation cycle. (5) The First Cycle Modifications do not apply to any grant cycle other than the program’s initial grant cycle. Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0130 Grant Agreement Conditions Upon Board approval of a Grant, the Board shall enter into a grant agreement with the Grantee that shall include conditions as the Board deems appropriate to the particular circumstances of the P roject, including but not limited to: (1) The Grantee agrees to d evelop a L ong- T erm M anagement P lan if deemed appropriate and necessary by the Board . I n all cases for estates in fee simple absolute , that includes, but is not limited to the s tewardship, monitoring, and uses of the p roperty intended to carry out the purposes of ORS 448.370, developed in accordance with L ong- T erm M anagement P lan content described in the grant agreement with OWEB. (2) OWEB r eview and approval of the Partnership a greement between the G rantee and the Holder . (3) Subsequent conveyances requirements per OAR 695-048- 0 180 . Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0140 Board Approval and Delegation of Authority ( 1 ) The Board shall approve grants in accordance with this OAR Chapter 695, Division 48. The Director is delegated all necessary authority to ensur e that funding conditions required by the Board are fully satisfied by the G rantee. ( 2 ) Other than provided for in OAR 695-048-01 6 0 ( 3 ) , c onditionally approved grant funds shall be encumbered for disbursement only after all conditions are fulfilled. The encumbered funds may be made available for other uses by OWEB if all conditions required by the Board are not satisfied within 18 months of the conditional Board approval, unless a time extension is approved by the Board. Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0150 Public Comment on Grant Applications OWEB shall provide the public with meaningful opportunities to comment on grant applications being considered by the Board. In a manner consistent with this requirement, OWEB will provide written notice to the governing bodies of cities and counties with jurisdiction in the area of the proposed Protective Instrument , as well as affected governmental agencies and T ribes, of the Board’s intent to consider: (1) Written comments received by OWEB prior to the Board meeting at which the Board will consider the application; (2) Comments made at public hearings held by the applicant in accordance with ORS 271.735; and (3) Comments made at the Board meeting at which the grant application is considered. Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0160 Distribution of Funds (1) The Director may approve the distribution of grant funds. Funds may be distributed throughout the time between approval by the Board and transaction closing as the following conditions are met: (a) A grant agreement is executed by the Director and the Grantee ; (b) The funding conditions applicable to the allowable cost , if any, imposed by the Board are satisfied to the full satisfaction of the Director; (c) The legal and financial terms of the proposed real estate transaction are approved by the Director; (d) The Protective Instrument and any required title restrictions are approved by the Director; (e) The Director has reconciled conditionally approved funding with actual P roject costs; and (f) The G rantee has satisfied the match requirements under OAR 695-048-00 8 0 . (2) For grants established under these rules, the Director is authorized to reimburse the G rantee for allowable costs as identified in OAR 695-048-0 10 0 . Costs incurred in a Project by a Holder may be reimbursed if they have a Partnership established with the Grantee and reimbursements are requested through the Grantee. ( 3 ) Notwithstanding OAR 6 95-048 -01 6 0 (1) ( c)-( f), funds may be distributed prior to transaction closing for staff costs and due diligence activities specified in OAR 695-048-0 10 0 and included in the application budget. Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0170 Compliance and Enforcement (1) The ongoing use of the land addressed in the Protective Instrument acquired with Drinking Water Source Protection Grants shall be consistent with the purposes specified in ORS 448.370. OWEB may initiate any and all legal remedies available to OWEB to address compliance issues, including but not limited to recovery of the OWEB grant funds used to purchase the Protective Instrument, and reasonable interest and penalties at the option of the Director. (2) A Grantee is responsible for fulfilling the terms and conditions of any agreement : (a) B e tween the Grantee and the B oard; (b) B etween the Grantee and a landowner, or other person or entity , necessary for the G rant ee to carry out the P roject for which a grant has been awarded ; and (c) If a Partnership is proposed, between the Grantee and the Holder . (3) OWEB and t he B oard are not liable to any landowner , person , or entity for the failure of a G rant ee to fulfill the terms or conditions of any agreement between the person or entity and the G rant ee . Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0180 Subsequent Conveyances Any subsequent conveyance of an estate in fee simple absolute, assignment or modification of a Conservation Easement, tr a n sf er, assignment or modification of a real covenant, equitable servitude, or o ther agreement establish ed for the purposes of protecting, restoring, or enhancing lands for the benefit of a drinkin g water source accomplished through a Protective Instrument acquired with Community Drinking Water Enhancement and Protection Fund monies must: (1) C omply with the requirements of ORS 541.960 as applicable ; be made subject to Board approval and, if applicable, Department of Administrative Services approval ; and ensure that the modification, transfer, conveyance, or assignment shall not result in a Profit ; (2) For an estate in fee simple absolute and C onservation E asements, be transferred, conveyed, or assigned only to eligible applicants or eligible Holders ; and ( 3 ) C omply with the requirements of ORS 4 4 8.370 and OAR Chapter 695, Division 48 . Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-048-0190 Waiver of Rules The Director may waive the requirements of Chapter 695, D ivision 48 for individual grant applications unless required by statute, when doing so will result in more efficient or effective implementation of the Drinking Water Source Protection Grant P rogram. Any waiver must be in writing and included in the grant file to which the waiver applies. Statutory/Other Authority: ORS 448.370(7) Statutes/Other Implemented: ORS 448.370 - 448.380 History: OWEB 1-2024, adopt filed 07/26/2024, effective 08/01/2024
695-050-0010 Purpose These rules establish policies and procedures for assuring that Board actions that affect land use comply with Statewide Planning Goals and are compatible with acknowledged comprehensive plans. These rules also prescribe measures for providing technical assistance to local governments, participation in periodic review of comprehensive plans, resolution of land use disputes and other aspects of state agency coordination required by OAR chapter 660, division 30. These rules and coordination rules in OAR chapter 695, constitute the Board's state agency coordination program pursuant to ORS 197.180. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05