justicedao/ipfs_state_laws huggingface dataset:
123-043-0015 Eligible Project Costs and Activities- Water Projects Eligible costs include the reasonable costs as determined by the Authority for eligible water projects owned and operated either by the municipality or under a management contract or an operating agreement with the municipality and may include: (1) Water project development costs including but not limited to costs associated with design and engineering, architectural and planning work, permitting, environmental review, regulatory processes, public outreach, community engagement, technical assistance and support activities necessary to support a project; (2) Construction, improvement or expansion of drinking water projects including all facilities necessary for source, supply, filtration, treatment, storage, transmission, and metering; (3) Construction, improvement or expansion of wastewater system improvement projects including all facilities necessary for collecting, conveying, pumping, treating and disposing of sanitary sewage, including correction of infiltration and inflow through replacement of lines, sliplining, or other corrective processes; (4) Construction, improvement or expansion of storm drainage systems including all facilities necessary for controlling, collecting, conveying, treating and discharging of stormwater; (5) The acquisition of real property directly related to or necessary for the proposed water project; (6) Construction contingencies for the water project; (7) Financing costs associated with the department's financing including capitalized interest, issuance and debt service reserve costs, when such costs are incurred in funding a project; (8) Costs incurred by the municipality prior to a water project award if such costs are allowable under the department’s adopted policy for reimbursement of pre-award costs; and (9) Direct project management costs as defined in ORS 285B.560(1). Statutory/Other Authority: ORS 285B.563 Statutes/Other Implemented: ORS 285B.560 - 285B.599 History: OBDD 20-2024, amend filed 09/12/2024, effective 09/12/2024 OBDD 11-2019, amend filed 09/04/2019, effective 09/04/2019 OBDD 12-2013, f. 12-30-13, cert. ef. 1-1-14 OBDD 30-2010, f. 6-30-10, cert. ef. 7-1-10 OBDD 2-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10 EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 11-2006, f. & cert. ef. 11-3-06 EDD 7-2002, f. & cert. ef. 4-26-02
123-043-0025 Ineligible Project Costs Expenses and costs expressly allowed by OAR 123-043-0015 are eligible for reimbursement from the fund. All other costs, including but not limited to those listed below, are ineligible for reimbursement: (1) Costs incurred for facilities that are or will be privately owned; (2) Cost of purchase of general purpose motor vehicles and other equipment not directly related to the project; (3) Cost of purchase of off-site property for uses not directly related to the project; and (4) Project operating or maintenance expenses. Statutory/Other Authority: ORS 285B.563 & 285A.075 Statutes/Other Implemented: ORS 285B.560 - 285B.599 History: OBDD 8-2019, minor correction filed 07/03/2019, effective 07/03/2019 OBDD 12-2013, f. 12-30-13, cert. ef. 1-1-14 OBDD 3-2012, f. 3-30-12, cert. ef. 4-2-12 OBDD 6-2011(Temp), f. & cert. ef. 11-3-11 thru 4-30-12 OBDD 42-2010, f. 11-30-10, cert. ef. 12-1-10 Reverted to EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 OBDD 2-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10 EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 11-2006, f. & cert. ef. 11-3-06 EDD 7-2002, f. & cert. ef. 4-26-02
123-043-0041 Criteria and Limitations for Funding — Technical Assistance Projects (1) Technical assistance awards are available to municipalities with populations of 15,000 or less. (2) The Authority may make technical assistance awards for: (a) Water Master Plans or Wastewater Facility Plans; (b) Preliminary engineering or planning; legal, financial, and economic investigations, reports and studies to determine the feasibility of a project, if the Authority determines there is adequate documentation from a regulatory authority recognized by the Authority as having responsibility for the protection of water quality or the supply of clean drinking water that shows the technical assistance project is needed; or (c) Studies to assess the feasibility of regionalization of drinking water or wastewater infrastructure. (3) Pre-award expenses are not eligible for reimbursement. (4) When the Authority determines funds are limited, it will apply the following criteria when selecting technical assistance project to receive funding: (a) A preference for technical assistance projects located within rural economically distressed areas as defined by the Oregon Business Development Department; (b) A preference for technical assistance projects to address documented non-compliance; (c) A preference for technical assistance projects related to water project regionalization; and (d) A preference for partnerships and collaborative technical assistance projects. Statutory/Other Authority: ORS 285B.563 & 285A.075 Statutes/Other Implemented: ORS 285B.560 - 285B.599 History: OBDD 11-2019, amend filed 09/04/2019, effective 09/04/2019 OBDD 10-2014, f. 5-30-14, cert. ef. 6-1-14 OBDD 12-2013, f. 12-30-13, cert. ef. 1-1-14 OBDD 30-2010, f. 6-30-10, cert. ef. 7-1-10 OBDD 2-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10
123-043-0065 Application Requirements (1) A municipality may submit an application to the Authority at any time after the Authority has made a preliminary determination of eligibility and shall comply with the Authority's procedures for submitting applications. (2) For a project that is part of a system that is, or will be, functionally connected to, another municipality's system, an intergovernmental cooperation agreement that describes the duties and obligations of each entity is required. The fully executed intergovernmental agreement must be provided before the financing contract will be executed by the Authority. (3) The application shall be in the form provided by the Authority and shall contain or be accompanied by such information and documentation as the Authority may require. The Authority will process only completed applications. Statutory/Other Authority: ORS 285B.563 & 285A.075 Statutes/Other Implemented: ORS 285B.560 - 285B.599 History: OBDD 11-2019, amend filed 09/04/2019, effective 09/04/2019 EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 11-2006, f. & cert. ef. 11-3-06 EDD 7-2002, f. & cert. ef. 4-26-02
123-043-0075 Application Review and Approval (1) For a water project, the Authority must make the following determinations: (a) Project feasibility as demonstrated by certification from a professional engineer registered in the State of Oregon in an engineering report, such as a Master Plan, that the proposed project is feasible and is the most cost effective solution, or other feasibility documentation approved by the Authority. (b) The loan is secured by the pledge of utility revenues or other revenues or payments from owners of specially benefited properties, and these revenues or payments are sufficient, when considered with other security, to assure repayment of the loan and the municipality has certified to the Authority that there will be adequate funds available to repay the loans made to the municipality from the fund. (c) Moneys in the appropriate accounts of the fund are or will be available for the project. (d) The applicant is an eligible municipality and is willing and able to enter into a contract with the Authority. (e) The project is consistent with the requirements governing assistance from the fund. If the Authority determines that the municipality or the proposed project does not meet the requirements of this OAR 123-043-0075, the Authority may reject an application or require further documentation from the municipality. (f) The project is ready to begin and the municipality has committed in writing that, if awarded the assistance it shall proceed immediately. (2) To award assistance from the fund for a technical assistance project, the Authority must determine that the municipality has, or has demonstrated the ability to secure, the administrative capacity to undertake and complete the project. Statutory/Other Authority: ORS 285B.563 & 285A.075 Statutes/Other Implemented: ORS 285B.560 - 285B.599 History: OBDD 20-2024, amend filed 09/12/2024, effective 09/12/2024 OBDD 11-2019, amend filed 09/04/2019, effective 09/04/2019 OBDD 12-2013, f. 12-30-13, cert. ef. 1-1-14 OBDD 30-2010, f. 6-30-10, cert. ef. 7-1-10 EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 32-2008, f. 10-2-08, cert. ef. 10-3-08 EDD 14-2008(Temp), f. & cert. ef. 4-9-08 thru 10-5-08 EDD 11-2006, f. & cert. ef. 11-3-06 EDD 9-2004, f. & cert. ef. 3-22-04 EDD 8-2003(Temp), f. & cert. ef. 9-24-03 thru 3-22-04 EDD 1-2003(Temp), f. 2-20-03, cert. ef. 2-24-03 thru 6-30-03 EDD 7-2002, f. & cert. ef. 4-26-02
123-043-0085 Contract Requirements and Disbursement of Funds (1) The Authority shall disburse monies from the fund for water projects or technical assistance projects only after entering into a binding contract with the municipality. (2) The contract shall be in a form provided by the Authority. (3) If any portion of the assistance is in the form of a loan or the purchase of a bond of a municipality, a provision granting the Authority a lien on or a security interest in the collateral as determined by the Authority to be necessary to secure repayment of the loan or bond shall be included in the contract. (4) Drinking water projects are subject to the following contract provisions: (a) A provision requiring the municipality to install meters on all new active service connections from any distribution lines that may be included in the project; and (b) For a drinking water project with existing, active unmetered service connections, a provision requiring the municipality to install meters on such service connections no later than two years after the completion of the project; (5) Other funds that may be needed to complete the project must be available or the municipality must have a binding commitment for such funds at the time the contract is executed. If a portion of the other funds needed to complete the project is committed but not yet available at the time an award is made or the contract executed, the contract shall require that no disbursement of funds for construction activities may occur until all project funds are available. (6) The contract for a loan shall be authorized by an ordinance, order or resolution adopted by the governing body of the municipality in accordance with the municipality's requirements for public notice and authorizing debt. Statutory/Other Authority: ORS 285B.563 & 285A.075 Statutes/Other Implemented: ORS 285B.560 - 285B.599 History: OBDD 20-2024, amend filed 09/12/2024, effective 09/12/2024 OBDD 11-2019, amend filed 09/04/2019, effective 09/04/2019 OBDD 30-2010, f. 6-30-10, cert. ef. 7-1-10 OBDD 2-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10 EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 11-2006, f. & cert. ef. 11-3-06 EDD 7-2002, f. & cert. ef. 4-26-02
123-043-0095 Recipient Responsibilities (1) The municipality must comply with all applicable state laws, regulations and requirements, such as Oregon prevailing wage rates, municipal audit law, and procurement regulations. (2) The municipality shall certify that a registered professional engineer will be responsible for the design and construction of the project and it shall follow standard construction practices, such as bonding of engineers and contractors, requiring errors and omissions insurance, performing testing and inspections during construction, and obtaining as-built drawings. (3) For a project funded with state lottery proceeds, the municipality shall comply with ORS 280.518 for public display of information on lottery funding of the project. At a minimum the municipality shall: (a) Include the following statement, prominently placed, on all plans, reports, bid documents and advertisements relating to the Project: "This project was funded in part with a financial award from the Water Fund, funded by the Oregon State Lottery and administered by the State of Oregon, Business Development Department." and (b) For a construction project, post a sign, provided by the Authority, at the project site or, if more than one site is included in the project, at a site visible to the general public stating that the project is being funded by lottery proceeds. (4) For a construction project the municipality shall have a plan for ongoing operation, maintenance, and replacement that will preserve the project's benefits over its useful life. Statutory/Other Authority: ORS 285B.563 & 285A.075 Statutes/Other Implemented: ORS 285B.560 - 285B.599 History: OBDD 11-2019, amend filed 09/04/2019, effective 09/04/2019 Reverted to EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 OBDD 2-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10 EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 11-2006, f. & cert. ef. 11-3-06 EDD 7-2002, f. & cert. ef. 4-26-02
123-043-0102 Eligibility Criteria for State Revenue Bond Loans The Authority shall apply the following standards for determining the eligibility of projects for state revenue bond financing: (1) Loan repayment must be secured by a full faith and credit pledge of the municipality; (2) The loan must be of sufficient size as determined by the Authority; (3) The loan must be fully amortized over its term with fixed annual principal and interest payments, and the term of the loan must not exceed the usable life of the contracted project or 30 years from the year of project completion, whichever is less; (4) The loan must conform to the requirements of the bond indenture for the state revenue bonds; and (5) The loan and the municipality must meet the minimum underwriting criteria for state revenue bond financing as established by Department policies. Statutory/Other Authority: ORS 285B.563 & 285A.075 Statutes/Other Implemented: ORS 285B.560 - 285B.599 History: OBDD 12-2013, f. 12-30-13, cert. ef. 1-1-14 OBDD 30-2010, f. 6-30-10, cert. ef. 7-1-10 EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 11-2006, f. & cert. ef. 11-3-06
123-043-0115 Appeals and Exceptions The director or the director’s designee will consider appeals of the Authority's funding decisions. Only the municipality may appeal. Appeals must be submitted in writing to the director within 30 days of the event or action that is being appealed. A project that would have been funded but for a technical error in the Authority's review of the application, as determined by the director, will be funded as soon as sufficient moneys become available in the fund, provided the project is still viable. The director or the director’s designee decision is final. Statutory/Other Authority: ORS 285B.563 & 285A.075 Statutes/Other Implemented: ORS 285B.560 - 285B.599 History: OBDD 11-2019, amend filed 09/04/2019, effective 09/04/2019 OBDD 12-2013, f. 12-30-13, cert. ef. 1-1-14 OBDD 3-2012, f. 3-30-12, cert. ef. 4-2-12 OBDD 6-2011(Temp), f. & cert. ef. 11-3-11 thru 4-30-12 Reverted to EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 OBDD 2-2010(Temp), f. & cert. ef. 1-14-10 thru 7-13-10 EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 11-2006, f. & cert. ef. 11-3-06 EDD 7-2002, f. & cert. ef. 4-26-02
123-046-0000 Purpose and Objectives These rules establish procedures for the Oregon Business Development Department in accepting applications and considering proposals for funding under the Tide Gate Grant and Loan Program established under section 21, House Bill 4304, 2020 2nd Special Session, which, among other things, includes funding for the planning and construction of tide gates and associated culverts and drainage infrastructure. Statutory/Other Authority: ORS 285A.075 & Ch 10, OL 2020 Statutes/Other Implemented: Ch 10, OL 2020 History: OBDD 4-2021, adopt filed 03/15/2021, effective 03/15/2021 OBDD 21-2020, temporary adopt filed 10/05/2020, effective 10/05/2020 through 04/01/2021
123-046-0010 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) “Department” means the Oregon Business Development Department. (2) “Fund” means the Tide Gate Grant and Loan Fund. (3) “Municipality” means a n Oregon city or county, a Port organized under ORS chapter 777 or 778, a county service district organized under ORS chapter 451, a district as defined in ORS chapter 198, a tribal council of a federally recognized Indian tribe in this state or an airport district organized under ORS chapter 838. (4) “Non-Profit Organization” means an organization that uses surplus revenues to achieve its goals rather than distributing them as profit or dividends. (5) “Persons” means Individuals, corporations, associations, firms, partnerships, or joint stock companies. (6) "Tide gate construction project" means improvements to a tide gate drainage system intended to ensure land drainage and flood protection including repair or replacement of tide gates, culverts, or other barriers to proper drainage of lands and flood protection. (7) “Tide gate drainage system” means interconnected tide gates and associated culverts and infrastructure needed to drain tidelands and ensure flood protection. (8) "Tide gate planning project" means design and engineering, legal costs, permitting, environmental review, regulatory processes, landowner coordination, and support activities needed to develop a tide gate project ready for construction. (9) “Tide gate project” means either a tide gate construction project or a tide gate planning project. Statutory/Other Authority: ORS 285A.075 & Ch 10, OL 2020 Statutes/Other Implemented: Ch 10, OL 2020 History: OBDD 4-2021, adopt filed 03/15/2021, effective 03/15/2021 OBDD 21-2020, temporary adopt filed 10/05/2020, effective 10/05/2020 through 04/01/2021
123-046-0020 Eligible Project Costs and Activities Eligible costs include the reasonable costs and necessary, as determined by the Department, for eligible tide gate projects and may include: (1) Tide gate project development costs including, but not limited to: direct costs associated with design and engineering, legal costs, permitting, environmental review, regulatory processes, landowner coordination, and support activities necessary to develop a tide gate construction project; (2) Funding award administration costs not to exceed $10,000; (3) Construction, repair or replacement of tide gates, culverts, or other barriers to land drainage and flood protection associated with a tide gate drainage system; (4) Support activities necessary to construct a tide gate project; (5) Activities intended to stabilize drainage channels; (6) Construction contingencies for a tide gate construction project; and (7) Financing costs associated with the Department's financing including capitalized interest, issuance and debt service reserve costs, when such costs are incurred in funding a project. Statutory/Other Authority: ORS 285A.075 & Ch 10, OL 2020 Statutes/Other Implemented: Ch 10, OL 2020 History: OBDD 4-2021, adopt filed 03/15/2021, effective 03/15/2021 OBDD 21-2020, temporary adopt filed 10/05/2020, effective 10/05/2020 through 04/01/2021
123-046-0030 Ineligible Project Costs Tide gate project expenses and costs expressly allowed by OAR 123-046-0020 are eligible for reimbursement from the fund. All other project costs, including but not limited to those listed below, are ineligible for reimbursement: (1) Cost of purchase of general purpose motor vehicles and other equipment not directly related to the project; (2) Indirect costs incurred by the applicant or a contractor; and (3) Project operating or maintenance expenses. Statutory/Other Authority: ORS 285A.075 & Ch 10, OL 2020 Statutes/Other Implemented: Ch 10, OL 2020 History: OBDD 4-2021, adopt filed 03/15/2021, effective 03/15/2021 OBDD 21-2020, temporary adopt filed 10/05/2020, effective 10/05/2020 through 04/01/2021
123-046-0040 Loan and Grant Applicant Eligibility (1) Parties eligible for a loan or grant under these rules include municipalities, Persons, and non-profit organizations. (2) The Department may limit the number of open projects an applicant may have at any one time. Statutory/Other Authority: ORS 285A.075 & Ch 10, OL 2020 Statutes/Other Implemented: Ch 10, OL 2020 History: OBDD 4-2021, adopt filed 03/15/2021, effective 03/15/2021 OBDD 21-2020, temporary adopt filed 10/05/2020, effective 10/05/2020 through 04/01/2021
123-046-0050 Tide Gate Construction Projects (1) Each application for construction funding shall address a single tide gate drainage system. A tide gate drainage system may include multiple tide gates and associated drainage infrastructure but may not include unrelated tide gate systems in the same or another watershed for which operation does not impact the drainage of the subject system as determined by the Department. (2) Tide gate construction project applications shall be in the form provided by the Department and shall contain or be accompanied by such information and documentation as the Department may require. The Department will process only completed applications. (3) A tide gate construction project application may include a grant funding request of up to $500,000. (4) Grant funding requests of $100,000 or less for tide gate construction projects shall be subject to the following procedures: (a) The Department may process applications and make funding awards in the order they are received and deemed complete; (b) The Department may annually allocate available funds for those tide gate construction projects requesting a grant of $100,000 or less. (5) Grant funding requests of over $100,000, and less than or equal to $500,000 shall be subject to the following procedures: (a) The Department will determine available funds for a given funding cycle and may conduct a competitive application solicitation cycle one or more times annually; and (b) Proposed projects will be prioritized based on watershed and community/economic benefit as described in OAR 123-046-0090(2). (6) Grant funding requests shall demonstrate matching funds in the amount of 10% of the total project cost. The following activities are eligible to be considered as match: (a) Cash match for eligible project costs and activities described in OAR 123-046-0020; (b) A loan from the fund; and (c) In-Kind match from the funding recipient or other entity, if the in-kind match is approved by the Department prior to funding award. (7) A tide gate construction project application may include a loan funding request of up to $500,000. (8) The total funding request for a single tide gate construction project application shall not exceed $1 million. (9) The Department may coordinate with other state and federal agencies, organizations, or contracted services to assist the Department in determining tide gate construction project eligibility, developing prioritization category criteria, or prioritizing tide gate construction project assistance requests. Statutory/Other Authority: ORS 285A.075 & Ch 10, OL 2020 Statutes/Other Implemented: Ch 10, OL 2020 History: OBDD 4-2021, adopt filed 03/15/2021, effective 03/15/2021 OBDD 21-2020, temporary adopt filed 10/05/2020, effective 10/05/2020 through 04/01/2021