123-099-0030 Project and Applicant Eligibility (1) An applicant seeking a forgivable loan for a planning project under Section 16, chapter 25, 2023 Oregon Laws, must demonstrate in the Program application that the proposed planning project, as that term is defined, is an eligible project under the Act. (2) An applicant seeking financial assistance for a development project under Section 15, chapter 25, 2023 Oregon Laws, must demonstrate in the Program application that the proposed project is an industrial land development project as that term is defined in OAR 123-099-0020(11) and is an eligible project under the Act. (3) To comply with this rule, an applicant must demonstrate in the application to the Department’s satisfaction that the proposed project is suitable for new semiconductor industry uses, or the expansion of existing semiconductor industry uses that could reasonably provide significant additional employment in Oregon. When reviewing and evaluating Program applications for compliance with this requirement, the Department shall give preferences to projects that can demonstrate a reasonable likeliness to: (a) Aid in the addition of at least 100 additional semiconductor industry jobs in Oregon; or (b) Aid in the addition of at least 1 additional semiconductor industry job in Oregon per $45,000 of Program financial assistance provided. (4) To comply with this rule, an applicant must demonstrate in the application the proposed project has: (a) Land characteristics that provide significant competitive advantages that are difficult or impossible to replicate; (b) Access to transportation and freight infrastructure, including, but not limited to, rail, port, airport, multimodal freight or transshipment facilities and other major transportation facilities or routes; (c) Land zoned for industrial use that is located within 50 miles from present semiconductor industry clusters in Oregon (i.e. Corvallis, Eugene, Gresham, Hillsboro, Medford and Redmond). The Department presumes that such locations provide significant competitive advantages that are difficult or impossible to replicate and have access to the requisite transportation and freight infrastructure. (5) Applicant eligibility (a) An applicant must demonstrate eligibility by detailing how the public entity or private owner meets the requirements of a Project Sponsor. (b) For the Department to confirm eligibility, a private owner applicant must provide within or attached to its application either: (A) evidence to the Department’s satisfaction of the private entity’s investment in the preparation of the industrial land for a development project by a third party; or (B) a copy of the agreement entered into with a public entity for the development of public infrastructure to serve their privately owned site. (c) For the Department to confirm eligibility, a public entity applicant must provide within or attached to its application either: (A) evidence to the Department’s satisfaction of the public entity’s ownership of industrial land that the public entity is investing in for a development project by a third party; or (B) the public entity’s development or other agreement with a private owner of industrial land to prepare the land for a development project. Statutory/Other Authority: ORS 285A.075 & OR Laws 2023 ch. 25, § 15 History: OBDD 33-2023, adopt filed 12/20/2023, effective 12/20/2023