justicedao/ipfs_state_laws huggingface dataset:
123-046-0060 Tide Gate Construction Project Application Eligibility Criteria The Department will determine tide gate construction project application eligibility using criteria including but not limited to the following: (1) The application must demonstrate shovel readiness including: (a) Completion of all technical and engineering design work; (b) Completion of all permitting and regulatory processes unless progress at time of application is adequate to proceed to construction as determined by the Department; and (c) Evidence that all landowners on whose land tide gate drainage infrastructure will be constructed are aware of, and agree to, the proposal. (2) Unless otherwise approved under OAR 123-046-0120(1)(a), the application must include feasibility documentation stamped and signed by an engineer licensed in the State of Oregon. Unless otherwise approved by the Department, feasibility documentation must include the following elements: (a) Analyses of project feasibility including but not limited to engineering, regulatory, and legal feasibility; (b) Analyses of project alternatives and the recommended option; (c) Estimate of project costs including materials, labor, contingency budget, and other expenses; (d) Construction timeline; and (e) Operational feasibility analysis including identification of a plan for operation and maintenance of the tide gate drainage system. (3) Application must demonstrate that authorized access exists for all properties on which construction activities will occur or equipment will be mobilized. 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
123-046-0070 Tide Gate Planning Projects (1) Tide gate planning 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. (2) The Department will determine available funds for a given funding cycle and may conduct a competitive application solicitation cycle one or more times annually. (3) A tide gate planning project application may include a grant funding request of up to $100,000. (4) A tide gate planning project application may include a loan funding request of up to $100,000. (5) The total funding request for a single tide gate planning project application shall not exceed $200,000. (6) The Department may coordinate with other state and federal agencies, organizations, or contracted services to assist the Department in determining tide gate planning project eligibility, developing prioritization category criteria, or prioritizing tide gate planning 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
123-046-0080 Tide Gate Planning Project Application Eligibility Criteria The Department will determine tide gate planning project application eligibility using criteria including but not limited to the following: (1) The application must demonstrate that the study scope will include all elements needed to develop a shovel ready tide gate project consistent with OAR 123-046-0060(1). (2) All required permits and regulatory authorizations must be addressed through the study scope. (3) The study scope must result in feasibility documentation consistent with OAR 123-046-0060(2). (4) The study scope must include a plan to communicate with all impacted landowners throughout the course of the 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
123-046-0090 Tide Gate Project Application Prioritization Criteria (1) The Department may prioritize tide gate project applications using considerations including but not limited to the following: (a) The technical merit of the proposal including the extent to which the approach would address the project need; (b) Cost effectiveness including how the costs are aligned with the work necessary to accomplish objectives; and (c) The qualifications of those involved with the project. (2) Funding applications under OAR 123-046-0050(5) will be prioritized using criteria including but not limited to: (a) The watershed benefit associated with the project. (b) The community and economic benefit associated with the project. (3) The Department may consider geographic diversity in the prioritization and selection of applications for funding. (4) The Department may prioritize the funding of any tide gate project intended to protect a community or key infrastructure from flooding. 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
123-046-0100 Tide Gate Coordinator and Technical Studies (1) The Department may contract with one or more tide gate coordinators for purposes including but not limited to: (a) Providing technical assistance and program information to tide gate owners; (b) Providing interagency liaison services to direct tide gate projects through the permitting and funding processes; and (c) To assist the Department in determining project feasibility, eligibility, or to gather watershed or economic information for Department prioritization efforts. (2) The Department may contract for technical studies that have a statewide benefit for tide gate project development. 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
123-046-0110 Loan and Grant Information (1) The Department may award financing in a manner that maximizes the use of available resources and maintains the desired credit standards of the fund. The Department shall determine the amount, type, interest rate and terms of any financing awarded. It may offer an alternate mix or lower amount of assistance than requested. The amount of the award may be the minimum amount that the DTepartment determines is necessary to enable the project to proceed, and the Department may investigate and recommend other sources of funds for all or part of a proposed project. Projects that the Department determines are not financially feasible will not be funded. (2) Loans for tide gate projects: (a) The term of a loan for a tide gate construction project is limited to the usable life of the contracted project, or 30 years from the year of project completion, whichever is less; (b) The term of a loan for a tide gate planning project shall not exceed 7 years from the year of project completion; (c) A below market interest rate as determined by the Department shall be offered to eligible borrowers; and (d) Security pledges shall be required for all approved financing with the form and amount of security determined by the Department consistent with the nature of the project and the creditworthiness of the borrower. 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
123-046-0120 Application Review and Approval (1) For a tide gate project, the Department must make the following determinations: (a) That a tide gate construction project is feasible as demonstrated by certification from a professional engineer registered in the State of Oregon in a feasibility study, such as a feasibility study consistent with 123-046-0060(2), or other feasibility documentation approved by the Department. (b) Any 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 borrower has certified to the Department 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 willing and able to enter into a contract with the Department. (e) The project is consistent with the requirements governing assistance from the fund. If the Department determines that the applicant or the proposed project does not meet the requirements of this OAR 123-046-0120, the Department may reject an application or require further documentation from the applicant. (2) To award assistance from the fund for a tide gate project, the Department must determine that the applicant has, or has demonstrated the ability to secure, the administrative capacity to undertake and complete the 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
123-046-0130 Contract Requirements and Disbursement of Funds (1) The Department’s obligation to fund tide gate projects occurs only after entering into a binding contract with the recipient. (2) The contract shall be in a form provided by the Department. (3) If any portion of the assistance is in the form of a loan, a provision granting the Department a lien on or a security interest in the collateral as determined by the Department to be necessary to secure repayment of the loan or bond shall be included in the contract. (4) Other funds that may be needed to complete the project must be available or the funding recipient 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 available at the time an award is made or the contract executed, the contract shall require that the project be fully funded prior to any disbursement from the fund. (5) By contract, recipient will be required to follow state procurement laws in ORS 279A, ORS 279B and ORS 279C. (6) If the borrower is an entity, rather than an individual, the contract for a loan shall 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. 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
123-046-0140 Recipient Responsibilities (1) The recipient must comply with all applicable state and federal laws, regulations and requirements. (2) The funding recipient 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) Project materials must include a notation indicating that Business Oregon funding from the Oregon Lottery was used for the project. (4) For a tide gate construction project the funding recipient shall have a plan for ongoing operation and maintenance that will preserve the project's benefits over its useful life. 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
123-047-0010 Purpose (1) The rules of OAR Chapter 123, division 47 are established pursuant to: (a) the Oregon Business Development Department’s (“Department”) rulemaking authority under ORS 285A.075(1)(a) to adopt rules necessary to carry out the duties, function and powers vested by law in the Department; and (b) Oregon Laws 2023, chapter 338 (Regular Session), requiring both that the Department establish by rule one or more programs for providing financial assistance in the form of loans or grants for the purpose of supporting broadband access, affordability and adoption and that the Department establish by rule a program for providing grants or loans funded by moneys transferred to the Broadband Fund pursuant to ORS 759.425 for the purposes described in the amended Oregon Laws 2020, chapter 17, section 5 (First Special Session). (2) This division of rules describes the Department’s financial assistance through various grant and loan programs funded by the Broadband Fund, describes the requirements for managing and providing program award funds allocated to the Department, and describes how the Department will carry out the duties, functions, and powers of the Broadband Office for broadband projects pursuant to ORS 285A.166. Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17 & Section 5(2) (First Special Session) (SB 1603) History: OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0020 Definitions Some terms used in OAR Chapter 123, division 47 are defined in Procedural Rules, OAR Chapter 123, division 1 and herein. In addition, as used in this division of administrative rules, unless the context requires otherwise, the following definitions apply: (1) “Broadband Program” means a financial assistance program that supports broadband access, affordability, or broadband adoption projects in the form of loans or grants. (2) “Broadband Service Infrastructure Programs” means a Broadband Program type that permits financial assistance to be used for the costs of physical broadband infrastructure. (3) “Financing contract” is a binding agreement between the Department and an award recipient to receive a financial assistance award through a grant and/or loan. (4) “Physical broadband infrastructure” means networks of deployed telecommunications equipment and technologies necessary to provide broadband services and includes cable, fiber optics, wiring, or other permanent infrastructure, including wireless infrastructure that is capable of providing internet connections to serve individual locations. (5) “Program Handbook” is a regularly updated and publicly posted document that provides up-to-date information on a Broadband Program’s characteristics, including but not limited to application instructions, criteria for applications and for determining the eligibility of applicants and proposed projects for a loan or grant, criteria for the department to evaluate competitive applications and for awarding a loan or grant, performance requirements, financial assistance disbursement processes, reporting requirements, applicable federal requirements, and other program information. If a Broadband Program has a Program Handbook, the handbook will be published and adopted by the Department as a rule. Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) History: OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0030 Funding Sources (1) Each Broadband Program operated by the Department may vary depending on the source(s) of funding for the Broadband Program and the respective requirements of the funding source(s). (2) Broadband Fund. Funds in the Broadband Fund, established by Section 4, chapter 17, Oregon Laws 2020 (first special session), as amended, shall be used by the Broadband Office for the purposes provided therein, including providing funds for programs providing financial assistance in the form of loans or grants for the purpose of supporting broadband access, affordability and adoption in this state and to support the Broadband Office in carrying out the duties of the office listed under ORS 285A.166. (3) Universal Service Fund. Funds in the Broadband Fund that were transferred to the Broadband Fund pursuant to ORS 759.425 from the Universal Service Fund are dedicated for a Universal Service Fund Broadband Program. The Universal Service Fund Broadband Program shall provide grants and loans for projects as described in Section 5, chapter 17, Oregon Laws 2020 (first special session), as amended. (4) Coronavirus Capital Projects Fund. Funds provided to the Department from the federal Coronavirus Capital Projects Fund (42 U.S.C. 804) that will be used to provide loans or grants towards the costs of physical broadband infrastructure (“ARPA Capital Projects Fund Broadband Deployment Program"), are subject to the requirements of section 1a(1), chapter 338, Oregon Laws 2023. (5) Broadband, Equity Access, and Deployment Program. Funds from the federal Broadband, Equity Access, and Deployment Program (47 U.S.C. 1702) used by the Department to provide loans or grants towards the costs of physical broadband infrastructure, are subject to the requirements of section 1a(2), chapter 338, Oregon Laws 2023. Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0047 Evaluation Criteria (1) Evaluation criteria for Broadband Program applications and for awarding financial assistance shall include: (a) Whether the applicant has capacity or will have capacity to deliver the proposed project; (b) Whether the submitted application is complete, clearly defines the proposed project, and effectively demonstrates a need for financial assistance; and (c) Other criteria provided for in the funding notice, rule, and Handbook as applicable for the respective Broadband Program. (2) Evaluation criteria for the Broadband Service Infrastructure Programs shall also include: (a) Whether the proposed project will directly address factors contributing to the Digital Divide, including lack of access to broadband, lack of affordability of broadband service, and adoption of broadband by end-users; and (b) The quantity of eligible locations to be served by a proposed project and their service levels at the time of the proposal’s submission. Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0060 Financial Assistance Disbursements (1) Unless stated otherwise in the funding notice, financing contract, or Program Handbook, financial assistance issued through a Broadband Program will be disbursed to an award recipient on an expense reimbursement or costs-incurred basis. The recipient must submit a disbursement request on a Department-provided or Department-approved disbursement request form for the actual, documented expenses incurred while conducting eligible activities of the Broadband Program. (2) Notwithstanding section (1), the Department may, in its discretion, provide advance payment of funds upon a recipient’s request. Recipients seeking an advance payment must specifically indicate which portions of the proposed project justify payment in advance. (3) All financial assistance disbursements will be subject to the Department’s determination, in its sole discretion, that the recipient meets the conditions precedent to disbursement provided for in the financing contract, including requiring no events of default at the time of disbursement. In addition, the Department may reject any application upon finding that to accept the application may impair the integrity of the solicitation process or that rejecting the application is in the best interest of the Department. (4) The Department reserves the right to amend or cancel a solicitation for financial assistance through a Broadband Program, without liability if it is in the best interests of the Department. Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023
123-047-0080 Records and Data Confidentiality (1) Applications and financing contracts will be public records that are subject to disclosure except for material that qualifies under a public records exemption or is otherwise subject to confidentiality protections provided by law. The Department will redact material that is exempt from disclosure under the Oregon Public Records Law. (2) When submitting materials to the Department, it is the applicant’s responsibility to mark material believed exempt from disclosure under Oregon Public Records Law. To designate a portion of an application as exempt from disclosure under the Oregon Public Records Law, the applicant shall: (a) Clearly identify in the body of the application or financing contract only the limited material that is believed to be a trade secret or would otherwise be exempt under public records law; (b) Identity the public records law exemption(s) that is believed to apply; and (c) Provide a justification for how each portion designated as exempt meets the criteria under the public records law. (3) The Department shall determine whether any information is exempt from disclosure. (4) Applicants are advised to consult with legal counsel regarding disclosure issues. Applicants may wish to limit the amount of trade secret information submitted, providing only what is necessary to submit a complete and competitive application. Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201) History: OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023