justicedao/ipfs_state_laws huggingface dataset:
123-042-0038 Criteria for Special Project Funding Special types of development projects must meet the following criteria. If the project consists: (1) Solely of the acquisition of land by the municipality, the land must be identified in the applicable land use or capital plan as necessary for a potential development project or be zoned solely for commercial or industrial use. A loan for such a project must be repaid if the land that is acquired through the proceeds of the loan is rezoned so as to be no longer zoned for industrial or commercial use. (2) Of a privately owned railroad, the railroad must be designated by the owner and operator as subject to abandonment within three years, pursuant to federal law governing abandonment of common carrier railroad lines. (3) Of a telecommunications system, the governing body of the municipality shall adopt a resolution, after a public hearing, finding that the proposed telecommunications system project is necessary and would not otherwise be provided by a for-profit entity within a reasonable time and for a reasonable cost. (4) Of an energy system, the municipality and the serving utility must execute an ownership and operating agreement for the proposed energy system project. This sub-section does not apply when the energy system project will be located within the recognized service territory of the municipality. (5) Of a marine facility project authorized under ORS 777.267, assistance from the fund can only be a loan that may not exceed the amount of the required local match. (6) Of a project for a utility system that is functionally connected to, or anticipates connecting to, another municipality’s utility system, an intergovernmental cooperation agreement that describes the duties and obligations of each entity in regard to the project and utility system is required. A certified copy of the fully executed intergovernmental agreement must be provided before the Authority will disburse funds. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075 & 285B.410 - 285B.460 History: 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
123-042-0045 Planning Project Eligibility, Criteria and Funding (1)(a) A planning project, as defined in ORS 285B.410(10), may be eligible for a loan. The Authority will make awards for loans based on availability of moneys in the fund and prudent fund management as well as its financial analysis of the municipality’s ability to repay the loan; (b) The interest rate for a planning project loan will be 50 percent of the rate set by the Authority for direct loans in effect at the time of the award. The loan term shall not exceed seven years. (2) A planning project conducted for the purpose of developing industrial lands, including planning for industrial site certification, is eligible for a grant of up to $60,000 per site, per biennium or 85% of the allowable planning project cost, whichever is less. This type of planning project must meet the following criteria: (a) The land must be zoned “industrial”; and (b) The land meets marketability standards as determined by the department using its adopted policy. 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 10-2011, f. 12-30-11, cert. ef. 1-1-12 OBDD 41-2010, f. 11-30-10, cert. ef. 12-1-10 EDD 10-2006, f. & cert. ef. 11-1-06
123-042-0055 Emergency Project Eligibility, Criteria and Funding (1) An emergency project, as defined in ORS 285B.410(5), which meets the following criteria is eligible for assistance from the fund: (a) The project must result from an emergency as defined in ORS 401.025; and (b) The project must have federal disaster relief assistance funds committed; (2) The following apply to both grants and loans for emergency projects: (a) The maximum award amount for an emergency project cannot exceed the required local match for the federal disaster relief assistance committed to the project; (b) A grant for an emergency project cannot exceed $500,000 per project, or the amount of the federally required local match, whichever is less; and (c) A loan for an emergency project must meet the criteria set forth in OAR 123-042-0026. (3) For the purposes of awards made under this OAR 123-042-0055, allowable project costs are those eligible for federal assistance, unless those costs are precluded by a restriction in state law or the Code of Federal Regulations. (4) In the event of an emergency, the Authority may adopt a policy, after consultation with stakeholders and others, to guide implementation decisions regarding such matters as grant amounts and priorities. 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 10-2006, f. & cert. ef. 11-1-06
123-042-0061 Levee Project Eligibility, Criteria and Funding (1) The Authority may provide financial assistance in the form of loans and grants for a levee project to: (a) A municipality, including drainage districts organized under ORS Chapter 547; (b) Corporations or companies for drainage or flood control organized under ORS Chapter 554; (c) For-profit or nonprofit entities and individuals engaged in the ownership, construction, inspection, accreditation, certification or repair of levees. (2) A levee project as defined in 123-042-0020(14) must meet all of the following criteria to be eligible for assistance from the fund: (a) The project, as determined by the Authority, will substantially contribute to the improvement, expansion or repair of the state’s or municipality’s infrastructure system; and, (b) The project is essential for the continued use or development of farm, industrial, or commercial land in Oregon. (3) The following applies to loans for levee projects: (a) The maximum loan amount cannot exceed $2,500,000; (b) A principal only, zero percent (0%) interest rate loan of up to $1,000,000 may be awarded for each levee certification project area. The zero percent loan cannot exceed 50 percent (50%) of the total loan amount from the Special Public Works Fund; (c) The Authority cannot commit more than $4,000,000 for zero percent (0%) interest rate loans for levee projects in a biennium. (4) The following applies to grants for levee projects: (a) Grants for planning projects are limited to a maximum of $2,000,000 per applicant per biennium. (b) Grants for construction or capital improvement projects may not exceed an amount equal to 80 percent (80%) of the total cost of the project; (c) A grant may not be awarded from the fund unless the applicant pledges matching funds to the project of at least 20 percent (20%) of the amount of the grant. (d) At least 60 percent (60%) of the dollar value of grants awarded from the fund in any biennium shall be used to provide assistance with levee projects to rural or distressed areas as defined in ORS 285A.010. (5) For awards made under this OAR 123-042-0061, allowable project costs are those set forth in OAR 123-042-0065. Statutory/Other Authority: ORS 285B.410, 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 3-2017, temporary amend filed 11/16/2017, effective 11/16/2017 through 05/14/2018 OBDD 4-2016, f. & cert. ef. 2-29-16 OBDD 9-2015(Temp), f. & cert. ef. 10-1-15 thru 3-27-16
123-042-0065 Allowable Project Costs For purposes of projects funded under this division of rules, the allowable costs of a project include: (1) Financing costs, including capitalized interest; (2) Direct project management costs; (3) Costs of consultant services and expenses; (4) Construction costs and expenses; (5) Costs of property acquisition, including any easement, or right of way directly related to and necessary for the project; (6) Costs incurred by the municipality prior to the award if such costs are allowable under the Authority’s adopted policy for reimbursement of pre-award costs; (7) Costs of acquiring off-site property for purposes directly related to the project, such as wetland mitigation; and (8) Other costs that the Authority determines to be necessary or useful. Statutory/Other Authority: ORS 285B.419 & 285A.075 Statutes/Other Implemented: ORS 285B.410 - 285B.482 History: 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 10-2006, f. & cert. ef. 11-1-06
123-042-0076 Ineligible Projects and Project Costs Expenses and costs expressly allowed under this division of rules are eligible for reimbursement from the fund. All other costs are ineligible for reimbursement including but not limited to: (1) Assistance to facilities that are or will be privately owned; (2) Purchase of general purpose motor vehicles and equipment not essential to or for the project; (3) Assistance to projects that primarily focus on relocating business or economic activity from one part of the state to another, except in cases where the business or economic activity would otherwise locate outside of Oregon; and (4) Project operating or maintenance costs, except as allowed by statute. 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 10-2006, f. & cert. ef. 11-1-06
123-042-0122 Application Requirements (1) A municipality may submit an application to the Authority after consulting with the Authority on a preliminary determination of eligibility and following the Authority’s procedures. (2) The application must be in the form provided by the Authority and must contain or be accompanied by such information and documentation as the Authority may require. The Authority may assist municipalities in understanding program requirements and in completing applications. The Authority will process only completed applications. Statutory/Other Authority: ORS 285B.419 & 285A.075 Statutes/Other Implemented: ORS 285B.410 - 285B.482 History: 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 10-2006, f. & cert. ef. 11-1-06
123-042-0132 Application Review and Approval (1) For a construction project the Authority must make the following determinations: (a) The municipality has certified that the proposed project is feasible, is the most cost effective solution, and adequately serves the applicable land uses in both the short and long term; (b) The loan is secured by the pledge of utility revenues or other revenues, collateral, or payments from any owners of specially benefited properties, and such pledge is sufficient, when considered with other collateral or assets, to assure repayment, 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) The municipality is willing and able to enter into a contract with the Authority; (d) 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 OAR chapter 123, division 42, the Authority may reject an application or require further documentation from the municipality; (e) Other funds that may be needed to complete the project are available or the municipality has a binding commitment for such funds. If a portion of the other funds needed to complete the project is not available or committed at the time an award is made, the award will be conditional on securing the other needed funds or a binding commitment for such funds; and (f) The project is ready to begin and the municipality has committed in writing that, if awarded the assistance, it shall proceed immediately. (2) For a planning project, the Authority must make the following determinations: (a) The requirements set out in OAR 123-042-0132(1) are met, except for subsection (b) if no loan is being awarded; (b) The planning activities must be for a project that is eligible under OAR chapter 123, division 42 and meets the criteria listed in OAR 123-042-0045; and (c) The municipality has demonstrated the ability to secure, the administrative capacity to undertake and complete the planning project. Statutory/Other Authority: ORS 285B.419 & 285A.075 Statutes/Other Implemented: ORS 285B.410 - 285B.482 History: 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 10-2006, f. & cert. ef. 11-1-06
123-042-0155 Contracts and Disbursements of Funds (1) The Authority shall disburse monies from the fund only after entering into a binding contract with the municipality. (2) The contract will be in form and substance as provided by the Authority, 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 liability of the Authority under the contract is contingent upon the availability of moneys in the fund for use in the project; (c) For a development project, a provision requiring the contracted project remain in municipal ownership for either the life of the loan, or for not less than 10 years following the Project Closeout Deadline if funding award is solely a grant. If this condition is not met, the grant and any interest earned is immediately payable to the Authority, unless the Authority in its sole discretion elects to convert the grant to a loan on terms and conditions satisfactory to the Authority; (d) For a planning project, other than planning projects conducted for levee certification, a provision requiring that the land involved in the project must remain zoned as industrial and not be converted to another use for at least 5 years after completion of the project. If this condition is not met, the grant and any interest earned is immediately payable to the Authority, unless the Authority in its sole discretion elects to convert the grant to a loan on terms and conditions satisfactory to the Authority; (e) 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; (f) A provision that for a period of up to six (6) years after project completion, the Authority may request that the municipality, at its own expense, submit data on the economic development benefits of the project, including but not limited to, information on new or retained jobs resulting from the project, and other information necessary to evaluate the success and economic impact of the project; and (g) Other provisions that the Authority considers necessary or appropriate to implement the assistance. (4) The contract for a loan or grant must 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.419 & 285A.075 Statutes/Other Implemented: ORS 285B.410 - 285B.482 History: OBDD 4-2016, f. & cert. ef. 2-29-16 OBDD 41-2010, f. 11-30-10, cert. ef. 12-1-10 EDD 10-2006, f. & cert. ef. 11-1-06
123-042-0165 Municipality 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 maintain accounts and records for all activities associated with the contracted project and shall provide the Authority, and its representatives, reasonable access to such records. The municipality shall submit periodic reports on the project as requested by the Authority. (3) The municipality shall certify that any service provider retained for their professional expertise is certified, licensed, or registered, as appropriate, in the State of Oregon for their specialty. (4) The municipality shall certify that it will 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. (5) For a project funded with state lottery proceeds, the municipality shall comply with ORS 280.518 requiring 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 Special Public Works Fund, funded by the Oregon State Lottery and administered by the Oregon Infrastructure Finance Authority”; 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. (6) For a construction project, the municipality shall have a financing plan for the ongoing operation, maintenance and repairs that will preserve the project benefits over its useful life. Statutory/Other Authority: ORS 285B.419 & 285A.075 Statutes/Other Implemented: ORS 285B.410 - 285B.482 & 280.518 History: 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 10-2006, f. & cert. ef. 11-1-06
123-042-0175 Eligibility Criteria for State Revenue Bond Loans The Authority shall apply the following standards for determining the eligibility of development projects for 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 will not exceed the usable life of the contracted project; (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 revenue bond financing as established by Authority policies. Statutory/Other Authority: ORS 285B.419 & 285A.075 Statutes/Other Implemented: ORS 285B.410 - 285B.482 History: 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 10-2006, f. & cert. ef. 11-1-06
123-042-0180 Remedies The Authority may invoke remedies for an “event of default” as described in the contract with the municipality, including but not limited to the following: (1) Withholding of amounts otherwise due to the municipality pursuant to ORS 285B.449; (2) Barring Recipient from applying for future awards. Statutory/Other Authority: ORS 285B.419 & 285A.075 Statutes/Other Implemented: ORS 285B.410 - 285B.482 History: 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 10-2006, f. & cert. ef. 11-1-06 EDD 18-2004, f. & cert. ef. 8-2-04 EDD 5-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 ED 12-2000, f. 8-9-00, cert. ef. 8-14-00
123-042-0190 Appeals and Exceptions (1) Appeals of decisions made by a municipality regarding a project must be made in accordance with the requirements and procedures of the municipality. (2) The executive director of the Authority will consider appeals of the Authority’s funding decisions. Only the municipality may appeal. An appeal must be submitted in writing to the executive 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 will be funded as soon as sufficient moneys become available in the fund, provided the project is still viable. The executive director’s decision is final. (3) The executive ddirector may waive non-statutory requirements of this program if it is demonstrated such a waiver would serve to further the goals and objectives of the program. Statutory/Other Authority: ORS 285B.419 & 285A.075 Statutes/Other Implemented: ORS 285B.410 - 285B.482 & 285A.101 History: 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 10-2006, f. & cert. ef. 11-1-06 EDD 18-2004, f. & cert. ef. 8-2-04 EDD 5-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 ED 12-2000, f. 8-9-00, cert. ef. 8-14-00
123-043-0000 Purpose and Objectives Pursuant to ORS 285B.563, the Oregon Business Development Department is required to adopt rules that provide procedures, standards and criteria for the Water/Wastewater Financing Program. Statutory/Other Authority: ORS 285B.563 & 285A.075 Statutes/Other Implemented: ORS 285B.560 - 285B.599 History: EDD 25-2009, f. 11-30-09, cert. ef. 12-1-09 EDD 7-2002, f. & cert. ef. 4-26-02 EDD 7-1994, f. & cert. ef. 4-7-94 EDD 10-1993(Temp), f. & cert. ef. 10-4-93
123-043-0010 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) “Authority” means the Infrastructure Finance Authority within the Oregon Business Development Department. (2) "DEQ" means the State of Oregon Department of Environmental Quality. (3) "Fund" means the water fund created by ORS 285B.563. (4) “Municipality” means an Oregon city or county, the Port of Portland created by ORS 778.010, a county service district organized under ORS chapter 451, a district as defined in ORS 198.010, a drainage district organized under ORS chapter 547, a tribal council of a federally recognized Indian tribe in this state or an airport district organized under ORS chapter 838. (5) “Safe drinking water project” means a project for constructing or improving a drinking water system or a water development project, as defined in ORS 541.700 (6)(a), (b) and (d) to (f), that is owned and operated by a municipality. (6) "Technical assistance" means preliminary engineering or planning; legal, financial, and economic investigations, reports and studies to determine the feasibility of a water project. Technical assistance also means Water Master Plans or Wastewater Facilities Plans. (7) “Wastewater system improvement project” means a project for constructing or improving a system for wastewater collection or treatment, including storm drainage systems. (8) “Water project” means a safe drinking water project or a wastewater system improvement project. [Publications: Publications referenced are available from the agency.] 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 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 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 7-2002, f. & cert. ef. 4-26-02 EDD 7-1994, f. & cert. ef. 4-7-94 EDD 10-1993(Temp), f. & cert. ef. 10-4-93