justicedao/ipfs_state_laws huggingface dataset:
123-500-0005 Definitions (1) “Cultural Organization” means an organization defined in ORS 359.400. (2) “Cultural Trust Board” means the board established by ORS 359.410. (3) “Cultural Coalition” is a group organized in an Oregon county or within a federally recognized Indian Tribe, in Oregon to identify priorities and specific strategies for building public participation in culture. Each coalition will include representation from the arts, heritage, humanities and other organizations relevant to community cultural participation, including without limitation, educational institutions, libraries, media or businesses, and reflect the diversity of the County or Tribe. The primary purpose of the coalition is to develop a cultural plan for the area served and to award and monitor grant funds awarded to address cultural goals. (4) “Cultural Plan” means a local plan that identifies priorities and specific strategies to build public participation in cultural disciplines and organizations within the local area. Plans will include benchmarks to measure progress against stated goals. (5) “Core Partner Agencies” means the agencies described in ORS 359.400(2). Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10 EDD 3-2009, f. 4-30-09, cert. ef. 5-1-09
123-500-0010 Purpose (1) The purpose of the Cultural Trust’s Cultural Development Grant program is to provide state recognition and support to cultural organizations undertaking significant cultural programs and projects, preserving and enhancing Oregon’s diverse arts, heritage and humanities efforts. “Cultural Development Grant Program” means the program created by ORS 359.431. (2) Cultural Development Grants are awarded annually on a competitive basis pursuant to a process that is initiated when the Cultural Trust Board issues a request for proposals (RFP). The RFP will request proposals that address one or more of the following themes: (a) Access: Making culture broadly available to Oregonians; (b) Preservation: Investing in Oregon’s cultural heritage by recovering and preserving historic assets and achievements; (c) Creativity: The making or presentation of artistic or scholarly work, and the development of artists, cultural experts and scholars; (d) Capacity: The strengthening of cultural organizations to build stability and generate public confidence. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-500-0015 Applications and Eligibility (1) Applications must be submitted in the form required, and by a deadline set, in the RFP. (2) Applicants for Cultural Development Grants must be an Oregon cultural organization. (3) Proposals submitted by institutions of higher learning must be for programs and activities that focus on, benefit, and are open to the general public, and the general public must form the majority of the total audience. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-500-0035 Evaluation Criteria Cultural Development Grant applications are evaluated according to how they address the themes described in OAR 123-500-0010(1). Additional evaluation criteria include: (1) Significance of the activity or the project, including the quality of the organization(s), structures, works of art, or services that will be involved; (2) The potential to broaden or deepen public knowledge, understanding, appreciation of, and access to culture; (3) The appropriateness of the budget, the quality and clarity of the project goals and design, the resources involved, and the qualifications of the project's personnel; (4) Evidence of sound fiscal management; (5) Evidence of public or private matching funds or in-kind services; (6) The process by which the project will be evaluated and plans in place to sustain or maintain the activity or project, if appropriate, following the period of the grant. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-500-0045 Use of Grant Funds (1) Cultural Development Grant funds must be used: (a) To address significant opportunities to advance, preserve or stabilize cultural resources; (b) To invest in the development of new resources; (c) To support proposals that have a broad cultural impact beyond the applicant itself; and (d) To support proposals from applicants with culture as a priority within the mission of the organization. (2) Cultural Development Grant funds may not be used for: (a) Indirect costs; (b) Tuition assistance or scholarships for college, university, or other formal courses of study; (c) Projects that have been substantially completed by August 1, the start date of the grant period; (d) Grants to offset previous project deficits; and (e) Events whose primary focus is to raise funds for a non-cultural cause. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-500-0055 Grant Award Process; Administration of Grants (1) Applications submitted to the Oregon Cultural Trust pursuant to its RFP will be reviewed by staff to determine whether the applicant is eligible to receive a Cultural Development Grant. Ineligible applications will be returned to applicants with an explanation. (2) Applications from applicants eligible to receive a Cultural Development Grant will be reviewed by a panel of cultural professionals designated by the Cultural Trust Board who will make funding recommendations to the Cultural Trust Board. (3) The Cultural Trust Board evaluates qualified proposals and determines final grant awards. Announcement of grants are made as provided in the RFP. (4) Grants are administered by the Arts Program of the Oregon Business Development Department. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-500-0070 Deadline Cultural Participation Grant contact information must be submitted to the Oregon Cultural Trust by a postmark deadline that will be established annually. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 359.400 - 359.444 History: EDD 3-2009, f. 4-30-09, cert. ef. 5-1-09
123-500-0075 Grant Contract; Final Reports Grant recipients are required to enter into a contract with the Arts Program of the Oregon Business Development Department. Pursuant to that contract, each grant recipient must complete a final expense and narrative report. Final financial reports must reflect the application budget as originally submitted unless the budget is revised with the approval of the Cultural Trust Board or its designee. Grant reports must be submitted within thirty (30) days of the end date of the grant period. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-500-0080 Purpose The purpose of the Cultural Trust’s Community Cultural Participation Grant program is to provide funds to counties and federally recognized Indian Tribes to support local cultural activities involving the arts, heritage and humanities. (1) This program is intended to increase public participation in culture to actively support and enjoy the cultural resources in their communities and foster the development of a unique cultural identity for counties and tribes. (2) The program's focus is on local cultural planning, with each county, and each federally-recognized Indian Tribe, building participation in, gaining access to, and shaping priorities of local culture. (3) The program encourages inter-organization and inter-disciplinary collaboration, along with support for excellence. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-500-0090 Eligibility (1) Each Oregon county, and each federally-recognized Indian Tribe, may establish a Cultural Coalition responsible for developing, implementing and monitoring a local cultural plan. (2) The Cultural Trust will award Cultural Participation Grant funds annually to each cultural coalition working within a cultural plan that has been approved by the Cultural Trust Board. (3) In accordance with its plan, the Cultural Coalition may decide how these funds are allocated locally. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: Renumbered from 123-500-0020, OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10 EDD 3-2009, f. 4-30-09, cert. ef. 5-1-09
123-500-0100 Structure of Cultural Coalition (1) The structure of the Cultural Coalition reflects the cultural needs, assets and resources of each county and tribe. (2) To qualify for grant funds, a Cultural Coalition must: (a) Include representation from the arts, heritage, and humanities activities in their area; (b) Include representation of other organizations that are relevant to community cultural participation, including without limitation educational institutions, libraries, media or businesses; (c) Reflect the diversity of the population of the county or tribe. (3) The size of the Cultural Coalition will vary depending on local needs. There should be sufficient numbers to represent arts, heritage and humanities plus other "at large" members from the community, including but not limited to business, education, media and libraries. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: Renumbered from 123-500-0030, OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10 EDD 3-2009, f. 4-30-09, cert. ef. 5-1-09
123-500-0110 Fiscal Oversight (1) Coalitions that are recognized by the Internal Revenue Service as a 501-c-3 private non-profit organization, or are a local public entity is eligible to receive Community Cultural Participation Grants directly from the Cultural Trust. (2) Those coalitions that do not have IRS 501-c-3 non-profit status must identify a fiscal sponsor to accept grant funds on behalf of the coalition. The Cultural Trust Board will review and approve the proposed fiscal agent prior to the release of grant funds. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: Renumbered from 123-500-0040, OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10 EDD 3-2009, f. 4-30-09, cert. ef. 5-1-09
123-500-0120 Standards for Cultural Plans (1) Cultural Participation Grant funds may be awarded to any Oregon cultural coalition that operates under a cultural plan that has been approved by the Cultural Trust Board. (2) A cultural plan may be approved by the Cultural Trust Board if it has determined that a local cultural plan: (a) Identifies priorities and specific strategies for building public cultural participation across cultural disciplines and organizations. The strategies may include the involvement of partners outside of the cultural sector such as business organizations, schools and health and human service organizations; (b) Identifies annual benchmarks to determine the impact of grant funds; and (c) Specifies local leadership and governance for grant fund management and for ongoing planning and development of benchmarks. (3) Local cultural plans shall be broadly disseminated within each county or tribe. The local cultural plans shall be used to encourage public discussion, planning and collaboration among cultural entities and to stimulate County and Tribal cultural programs, including collaborations with other entities. (4) Grant funds received by a county or tribe shall be distributed locally as specified in the approved local cultural plan. (5) A portion of the grant funds received each fiscal year by a county or tribe may be used for costs associated with grant management, community technical assistance and accounting. (6) The Trust for Cultural Development Board shall allocate grant amounts for counties and tribes using a base amount, plus a per capita amount for each county or tribe that has adopted a cultural plan approved by the Trust for Cultural Development Board. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: Renumbered from 123-500-0050, OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10 EDD 3-2009, f. 4-30-09, cert. ef. 5-1-09
123-500-0130 Cultural Participation Grant Allocation Process (1) Annually, on a date established each year by the Cultural Trust Board and on a form or online system provided by the board, a cultural coalition must submit to the board current contact information for the coalition chair, coalition members and fiscal sponsor, if applicable. (2) The Cultural Trust Board will allocate final grant awards pursuant to a formula determined by the board. The formula includes a base allocation per county and tribe plus an additional amount factored on population. (3) The Arts Program, under the direction of the Cultural Trust Board, shall distribute the grant amounts to the cultural coalitions. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: Renumbered from 123-500-0060, OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10 EDD 3-2009, f. 4-30-09, cert. ef. 5-1-09
123-500-0150 Purpose The Arts Program, under the direction of the Cultural Trust Board, awards grant funds to five statewide cultural entities to promote arts, heritage and humanities programs across Oregon and leverage existing resources to benefit more Oregonians. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-500-0160 Distribution of Funds The Arts Program, under the direction of the Cultural Trust Board, shall distribute the amount disbursed from the Trust for Cultural Development Account under ORS 359.426(3)(c) to the core partner agencies as follows: (1) 20 percent of the amount disbursed under ORS 359.426 (3)(c) for joint efforts by the core partner agencies in fostering cooperative cultural projects, including but not limited to cultural education, cultural tourism and other cultural activities; and (2) 80 percent of the amount disbursed under ORS 359.426(3)(c) to the core partner agencies for the purposes described in 359.444. The Cultural Trust Board shall determine the amount or percent of available funds that each core partner agency shall receive under this paragraph. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-500-0170 Limitations The core partner agencies are not eligible to apply for grants from the Community Cultural Participation Grant Program or the Cultural Development Grant Program. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-500-0175 Allowable Uses of Funds by Core Partner Agencies. (1) A core partner agency may use Cultural Partner Grant funds to: (a) Carry out the mission and mandate of the agency; (b) Serve more grantees; and (c) Encourage new cultural undertakings. (2) Each core partner agency shall expend a portion of the amount received under ORS 359.426 as determined by the Cultural Trust Board each fiscal year to fund development of qualitative benchmarks and culture within Oregon. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10
123-600-0100 Purpose and Scope This division of administrative rules applies to all applicants for the Business Energy Tax Credit for Renewable Energy Resource Equipment Manufacturing (“Manufacturing BETC”) as provided under Oregon Revised Statutes 285C.540 through 285C.559, and 315.341, 356, Oregon Law 2011 Ch. 474 HB 2523 and 2012 Ch. 45 HB 4079. These rules apply to all applications pending as of the effective date of these rules. (1) Amount of Tax Credit. Qualified Oregon facilities that manufacture renewable energy resource equipment may be eligible for a tax credit equal to 50% of maximum eligible cost. Costs are limited up to $2.5 million for a facility used to manufacture electric vehicles or component parts of electric vehicles and up to $40 million in the case of any other eligible facility. (2) Application Review. Application for the Manufacturing BETC is subject to detailed technical and financial review of the project. The Applicant is also required to sign a performance contract with measures that include job creation requirements, job retention requirements and other economic or operational benchmarks as determined by the Department. (3) Certification of Cost for Tax Credit. The Director shall issue a final certificate pursuant to ORS 285C.553 before the tax credit can be claimed. The Director shall determine the dollar amount certified for any facility and the priority between applications for certification based upon the criteria contained in ORS 285C.540 to 285C.559 and applicable rules and standards adopted under ORS 285C.540 to 285C.559. The Director may consider the status of a facility as a research, development or demonstration facility of new renewable resource generating and conservation technologies in the determination. (4) Use of Tax Credit. The tax credit may be offset against Oregon income and corporation excise taxes owed pursuant to ORS 315.341. An Applicant qualifying for the tax credit may transfer the tax credit through the pass-through option in return for a discounted cash payment from a qualified pass-through partner. Statutory/Other Authority: ORS 285C.540 - 285C.559, ORS 315.341, OL 2011 & Ch. 474 HB2523 Statutes/Other Implemented: ORS 285C.540-559, 315.341, OL 2011, Ch. 474 HB2523, OL 2012 & Ch. 45 HB 4079 History: OBDD 8-2012, f. & cert. ef. 6-1-12
123-600-0140 Budget Limits and Payments (1) Amount of Credits Allowed for a Facility. During any calendar year, a Manufacturing BETC preliminary certificate shall not be issued for more than: (a) $40 million in maximum eligible facility costs for a renewable energy resource equipment facility, not including those used to manufacture electric vehicles; (b) $2.5 million in maximum eligible facility costs for a facility used to manufacture electric vehicles; (2) Fees for Certification. The Department has established the following schedule for payments to accompany an application as required under 285C.555. (a) Included with each application for preliminary certification shall be an initial payment payable to the Department. The payment is 0.0060 multiplied by the facility eligible cost and not to exceed a payment amount of $75,000, and subject to additional expenses incurred by the Department as described in this section. (A) A refund shall not be granted for any reduced eligible costs that are included in an amended certificate. (B) An additional application payment shall be paid as specified in (3)(a) of this rule if a request to amend a certificate to increase the eligible cost. (C) No facilities shall be exempt from these requirements. (b) Applications for preliminary certification shall not be reviewed or considered complete if not accompanied by the fee payment. Preliminary certificates shall only be issued if the application is complete. In addition, the Applicant may be required to pay for expenses incurred by the Department in connection with the application that exceed these payments and which the Department determines are incurred in connection with processing the application. The Applicant shall be advised of any additional application expenses the Applicant shall pay before the expenses are incurred by the Department. Statutory/Other Authority: ORS 285C.540 - 285C.559, ORS 315.341, OL 2011 & Ch. 474 HB2523 Statutes/Other Implemented: ORS 285C.540-559, 315.341, OL 2011, Ch. 474 HB2523, OL 2012 & Ch. 45 HB 4079 History: OBDD 8-2012, f. & cert. ef. 6-1-12
123-600-0150 Prioritization System for Manufacturing BETC Facilities Applications in Excess of Biennial Limits. In the event that the Department receives applications for preliminary certification with a total amount of potential tax credits in excess of the limitations in ORS 285C.545, the Department shall allocate the potential tax credits according to the order in which the applications are complete. Statutory/Other Authority: ORS 285C.540 - 285C.559, ORS 315.341, OL 2011 & Ch. 474 HB2523 Statutes/Other Implemented: ORS 285C.540-559, 315.341, OL 2011, Ch. 474 HB2523, OL 2012 & Ch. 45 HB 4079 History: OBDD 8-2012, f. & cert. ef. 6-1-12
123-600-0250 Research, Development, or Demonstration Facility (RDD) (1) Criteria. Eligible RDD facilities shall comply with one or more of the following criteria: (a) Research facilities that include a test bench research, prototype or pilot scale construction of a theoretically proved or primary researched new renewable resource generating or conservation technology; (b) Development facilities that include the manufacture or initiation of the capability to manufacture new products for renewable resource generating or energy conservation in Oregon; (c) Demonstration facilities that are likely to resolve questions on how to apply new renewable resource generating or more efficient energy technologies through pilot or production scale applications of technology; and (d) Facilities that are likely to achieve Department’s goals as determined by the Director and shall demonstrate a reasonable potential to result in benefits in Oregon for which the value is likely to exceed the value of the tax credit, based on information filed with the application for preliminary certification. (2) Eligible costs. Eligible costs for a RDD facility may include: (a) Engineering, design and administrative costs (b) Costs inherent in a research, development or demonstration facility that may not result directly in saved or produced energy. Such costs may include: (A) Facility design, monitoring, assessment, evaluation and reporting. This includes but is not limited to: the development of standards, specifications, policies and procedures facilitating technology transfer; instruments, and controls. (B) Other equipment needed to monitor, assess or evaluate the facility and the impacts of the facility. (c) The following costs related to demonstration model(s) may be considered eligible: (A) Materials for the demonstration model(s). (B) The manufacturing, construction, assembly, and/or installation of the demonstration model(s). (C) Testing and monitoring the demonstration model(s). (d) Other eligible costs as determined by the Director. Statutory/Other Authority: ORS 285C.540 - 285C.559, ORS 315.341, OL 2011 & Ch. 474 HB2523 Statutes/Other Implemented: ORS 285C.540-559, 315.341, OL 2011, Ch. 474 HB2523, OL 2012 & Ch. 45 HB 4079 History: OBDD 8-2012, f. & cert. ef. 6-1-12
123-623-1000 GENERALLY FOR SIP PROJECTS — Purpose and Scope This division of administrative rules clarifies, specifies and establishes procedures, standards and criteria for operation of the Strategic Investment Program (SIP) under ORS 285C.600 to 285C.635 and 307.123. It does not control or bind the county assessor or Department of Revenue and is superseded by OAR chapter 150 in matters related to tax administration. Statutory/Other Authority: ORS 285A.075 & 285C.615(7) Statutes/Other Implemented: ORS 285C.600 – 285C.635 & 307.123 History: OBDD 14-2024, amend filed 06/10/2024, effective 06/10/2024 OBDD 13-2017, amend filed 11/29/2017, effective 11/29/2017 OBDD 2-2016, f. & cert. ef. 1-29-16 Renumbered from 123-023-1000 by OBDD 18-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 25-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 10-2004, f. & cert. ef. 5-24-04, Renumbered from 123-023-0201 EDD 7-1999, f. & cert. ef. 9-30-99