justicedao/ipfs_state_laws huggingface dataset:
123-053-0010 Temporary rule language in effect until 03/29/2026. Purpose and Objectives These rules provide for the Oregon Infrastructure Finance Authority’s administration and implementation of the Housing Infrastructure Finance Program (referred to as “Program” for this Chapter 123, Division 53 of Oregon Administrative Rules) established in Oregon Laws 2025, Chapter 497 for the purpose of providing grants, loans and forgivable loans to Eligible Applicants for Projects that will primarily support the water, wastewater, stormwater and transportation infrastructure for a Specified Proposed Housing Development. Statutory/Other Authority: Oregon Law 2025, Chapter 497 Statutes/Other Implemented: Oregon Law 2025, Chapter 497 History: OBDD 7-2025, temporary adopt filed 09/29/2025, effective 10/01/2025 through 03/29/2026
123-053-0040 Temporary rule language in effect until 03/29/2026. Application Prioritization (1) When making grant or forgivable loan Program Award decisions, the Authority will prioritize Projects with rental housing that will be made affordable to households with low income (which may include very low income) or moderate income through an Affordable Housing Covenant, for a period of at least 30 years from the date on which the housing is first available for occupancy as rental housing, over other Projects with rental housing that will be made affordable through an Affordable Housing Covenant that is for a term less than 30 years (but still must be at least 10 years to be eligible for a grant or forgivable loan). (2) When making grant, forgivable loan, and loan Program Award decisions, the Authority will prioritize Projects that will result in a Housing Development with a minimum density of: (a) For Projects within the Metro urban growth boundary, priority will be given to Projects with a minimum density of seventeen dwelling units per Net Residential Acre. (b) For Projects within an urban growth boundary other than the Metro urban growth boundary: (A) Ten units per Net Residential Acre if sited in a city, including territory to be annexed by the city upon completion of the Project, with a population of 25,000 or greater; or (B) Six units per Net Residential Acre if sited in a city, including territory to be annexed by the city upon completion of the Project, with a population of at least 2,500 but less than 25,000; or (C) Five units per Net Residential Acre if sited in a city, including territory to be annexed by the city upon completion of the Project, with a population of less than 2,500. (c) For Projects within an Urban Growth Boundary but outside of city limits, priority will be given to Projects with a minimum density requirement of the closest city. (d) For Projects located on tribal trust land or land of a federally recognized tribe, priority will be given to Projects with a minimum density requirements of five units per Net Residential Acre. (3) When making Program Award decisions, the Authority may prioritize Projects based on: (a) Project readiness to proceed with minimal delay; (b) having a clear connection with addressing urgent housing need and supporting near-term housing production; (c) the percentage of units that will be subject to an Affordability Covenant; (d) the Award leveraging other funding or bridging gaps in funding; (e) meaningfully impact to quality of life and economic opportunity for the persons in the Project location; (f) geographic location of the Project so as to result in the distribution of Fund resources statewide; (g) the Project supporting other state and local goals and priorities; and (h) any other factors or considerations that the Authority includes in any Program solicitation. Statutory/Other Authority: Oregon Laws 2025, Chapter 497 Statutes/Other Implemented: Oregon Laws 2025, Chapter 497 History: OBDD 7-2025, temporary adopt filed 09/29/2025, effective 10/01/2025 through 03/29/2026
123-053-0050 Temporary rule language in effect until 03/29/2026. Allowable Project Costs Allowable Project costs 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; and (6) Other costs that the Authority determines to be necessary. Statutory/Other Authority: Oregon Laws 2025, Chapter 497 Statutes/Other Implemented: Oregon Laws 2025, Chapter 497 History: OBDD 7-2025, temporary adopt filed 09/29/2025, effective 10/01/2025 through 03/29/2026
123-053-0060 Temporary rule language in effect until 03/29/2026. Ineligible Projects and Ineligible Project Costs (1) Projects that the Authority determines are not financially feasible are ineligible Projects. This includes but is not limited to Projects that do not have sufficient capital to complete the Project, those that do not have adequate funds to cover ongoing costs over the long term, and those that do not have an adequate return on investment. (2) 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: (a) Purchase of general purpose motor vehicles and equipment not essential to or for the Project; (b) Project operating or maintenance costs, except as allowed by statute; (c) Costs not permitted to be paid for with bond proceeds funding the contract as provided under the terms of the contract; and (d) Costs not related to the development or improvement of transportation, water, wastewater or stormwater infrastructure to support the Specified Proposed Housing Development as determined by the Authority. Statutory/Other Authority: Oregon Laws 2025, Chapter 497 Statutes/Other Implemented: Oregon Laws 2025, Chapter 497 History: OBDD 7-2025, temporary adopt filed 09/29/2025, effective 10/01/2025 through 03/29/2026
123-053-0070 Temporary rule language in effect until 03/29/2026. Application Requirements (1) An application for a Program Award must be submitted to the Authority in the form provided by the Authority and must contain or be accompanied by such information and documentation as the Authority requires in its solicitation for applications, generally called a request for applications (“RFA”). (2) A Program application must be submitted by an Eligible Applicant. (3) Notwithstanding (2) of this rule, a housing authority as defined in ORS 456.005 or a Housing Developer (each respectively referred to as “Partner”) may apply with an Eligible Applicant. The Authority will make Award disbursements only to a successful Eligible Applicant (i.e. Award recipient) and not a Partner. However, a successful Eligible Applicant with a Partner may enter into a sub-agreement with a Partner to complete the Project and the Partner may receive Award funding from the Eligible Applicant for the Project. In addition, a Partner may be required to sign the binding contract described in OAR 123-053-0080, along with the Award recipient depending on the financing details of the Project. The contract will provide terms providing for the Partner’s obligations with respect to the Project, including financial obligations. (4) The Authority may require a copy of any sub-agreement between a successful Eligible Applicant and a Partner that enumerates the Partners’ responsibilities, including financial responsibilities, appropriate allocations of moneys and responsibility for loan repayment or grant performance. (5) The Authority may assist applicants in understanding Program requirements and in completing applications. The Authority will process only completed applications. Statutory/Other Authority: Oregon Laws 2025, Chapter 497 Statutes/Other Implemented: Oregon Laws 2025, Chapter 497 History: OBDD 7-2025, temporary adopt filed 09/29/2025, effective 10/01/2025 through 03/29/2026
123-053-0090 Temporary rule language in effect until 03/29/2026. Remedies The Authority may invoke remedies for an “event of default” as described in the contract with the Award recipient, including but not limited to the following: (1) Withholding of amounts otherwise due to the Award recipient; (2) Barring the Award recipient from applying for future awards; (3) Demanding return of any Award disbursed and any interest earned on the disbursed Award; and (4) Any other remedies available at law or in equity. Statutory/Other Authority: Oregon Laws 2025, Chapter 2025 Statutes/Other Implemented: Oregon Laws 2025, Chapter 2025 History: OBDD 7-2025, temporary adopt filed 09/29/2025, effective 10/01/2025 through 03/29/2026
123-053-0100 Temporary rule language in effect until 03/29/2026. Grant Evaluation, Review and Approval (1) The Authority will announce deadlines for submitting Program applications and provide the final evaluation criteria in the solicitation document. (2) Complete applications submitted by Eligible Applicants will be evaluated by the Review Committee. The Review Committee will utilize the Program evaluation criteria to review and score applications. The Review Committee will also utilize the prioritization criteria provide in OAR 123-53-0040 in its scoring or ranking. The Review Committee will provide its Award recommendation to the Board which will make final decisions and approve any Award(s). The Board shall consider the Review Committee recommendations when approving Awards. (3) Notwithstanding OAR 123-053-0100(2), Awards and contract execution may be contingent upon review and approval by the Oregon Legislative Assembly. (4) Meeting the eligibility requirements and submitting a complete application does not guarantee a Program Award. (5) The Review Committee may request additional information before making its Award recommendations. Statutory/Other Authority: Oregon Laws 2025, Chapter 497 Statutes/Other Implemented: Oregon Laws 2025, Chapter 497 History: OBDD 7-2025, temporary adopt filed 09/29/2025, effective 10/01/2025 through 03/29/2026
123-053-0110 Temporary rule language in effect until 03/29/2026. Appeals and Exceptions (1) The Authority’s Award decisions are final and may not be appealed. (2) In its sole discretion, the Authority or its designee may waive non-statutory requirements of the Program if it is demonstrated that such a waiver would serve to further the goals or objectives of the Program. Statutory/Other Authority: Oregon Laws 2025, Chapter 497 Statutes/Other Implemented: Oregon Laws 2025, Chapter 497 History: OBDD 7-2025, temporary adopt filed 09/29/2025, effective 10/01/2025 through 03/29/2026
123-056-0010 Purpose As provided in Oregon Revised Statutes (ORS) 285B.260, the Oregon Business Development Department shall administer the Local Economic Opportunity Fund to provide grants for projects that support economic development priorities as identified in approved local economic development strategies. Statutory/Other Authority: ORS 285B.230 - 285B.266 Statutes/Other Implemented: ORS 285B.230 - 285B.266 History: OBDD 10-2013, f. 10-31-13, cert. ef. 11-1-13 OBDD 5-2013(Temp), f. & cert. ef. 6-3-13 thru 11-30-13
123-056-0020 Definitions (1) “Department” means the Oregon Business Development Department. (2) “Fund” means the Local Economic Opportunity Fund created by ORS 295B.260. (3) "Approved Strategic Plan" means a strategic plan determined by the Department to meet the requirements set forth in OAR 123-056-0030. Statutory/Other Authority: ORS 285B.230 - 285B.266 Statutes/Other Implemented: ORS 285B.230 - 285B.266 History: OBDD 10-2013, f. 10-31-13, cert. ef. 11-1-13 OBDD 5-2013(Temp), f. & cert. ef. 6-3-13 thru 11-30-13
123-056-0030 Strategic Plans In order to be an Approved Strategic Plan, a strategic plan must: (1) Identify, address and coordinate the economic development priorities of a community or geographic region in the state of Oregon (2) Result in economic benefit to the state of Oregon, such as: (a) Promotes favorable investment climate to strengthen businesses, create jobs, and raise real wages; (b) Contributes in a manner that improves the national and global competitiveness of Oregon companies; (c) Assists Oregon communities in building capacity to retain, expand, and attract businesses; (d) Promotes, fosters and sustains economic development in the state, emphasizing rural and distressed areas; or (e) Implements economic strategies that reinforce Oregon’s long-term prosperity and livability. (3) Sets forth, in measurable terms, the extent to which the strategic plan will accomplish the economic development priorities of the community or geographic region of the state of Oregon; (4) Sets forth, in measurable terms, the extent to which the strategic plan will accomplish the Department’s performance standards as adopted by the Oregon Business Development Commission; and (5) Be formally adopted by a municipality, a special district, a port, or other governmental entity. Statutory/Other Authority: ORS 285B.230 - 285B.266 Statutes/Other Implemented: ORS 285B.230 - 285B.266 History: OBDD 10-2013, f. 10-31-13, cert. ef. 11-1-13 OBDD 5-2013(Temp), f. & cert. ef. 6-3-13 thru 11-30-13
123-056-0035 Distribution of Funds The Department, in its sole discretion, shall determine grants awarded from the Fund. The grant must support implementation of a project included in an Approved Strategic Plan. Statutory/Other Authority: ORS 285B.230 - 285B.266 Statutes/Other Implemented: ORS 285B.230 - 285B.266 History: OBDD 10-2013, f. 10-31-13, cert. ef. 11-1-13 OBDD 5-2013(Temp), f. & cert. ef. 6-3-13 thru 11-30-13
123-056-0040 Waiver of Non-Statutory Requirements The Director or the Director’s designee may waive non-statutory requirements of this division of administrative rules, if demonstrated that such a waiver serves to further the goals and objectives of ORS 285B.230 to 285B.266, and that it contributes to sound economic or community development. Statutory/Other Authority: ORS 285B.230 - 285B.266 Statutes/Other Implemented: ORS 285B.230 - 285B.266 History: OBDD 10-2013, f. 10-31-13, cert. ef. 11-1-13 OBDD 5-2013(Temp), f. & cert. ef. 6-3-13 thru 11-30-13
123-057-0510 Allocation In each biennium: In accordance with ORS 285B.263 and 285B.266(3), the department may allocate a specific portion of the Strategic Reserve Fund to be used as the Strategic Regional Investment Opportunity Fund. Statutory/Other Authority: ORS 285A.075, 285B.236(1) & 285B.263(2) Statutes/Other Implemented: ORS 285B.263 History: EDD 30-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 8-2008(Temp), f. & cert. ef. 3-4-08 thru 8-31-08 Reverted to EDD 20-2004, f. & cert. ef. 8-2-04 EDD 11-2007(Temp), f. & cert. ef. 9-5-07 thru 2-29-08 EDD 20-2004, f. & cert. ef. 8-2-04 EDD 6-2004(Temp), f. & cert. ef. 2-3-04 thru 8-1-04 EDD 6-2000, f. & cert. ef. 4-3-00
123-057-0910 Waiver of Nonstatutory Requirements The Director or the Director’s designee may waive non-statutory requirements of this division of administrative rules, if demonstrated that such a waiver serves to further the goals and objectives of ORS 285B.230 to 285B.269, and that it contributes to sound economic or community development. The burden of proof in justifying such a waiver shall be on the Region seeking the waiver. Statutory/Other Authority: ORS 285A.075(5), 285A.110, 285B.236(1), 285B.254(3) & 285B.263(2) Statutes/Other Implemented: ORS 285B.230 - 285B.269 History: EDD 6-2000, f. & cert. ef. 4-3-00
123-061-0010 Purpose These rules establish the criteria and process for selecting projects to be funded by the Regional Infrastructure Fund. The 2013 Oregon Legislature created the Regional Infrastructure Fund for the purpose of providing grants and loans to local governments for Regional Solutions implementation projects including long-range planning, research, and design. As provided in.786 OL 2013§ 3, the Oregon Business Development Department shall administer the Regional Infrastructure Fund. Statutory/Other Authority: ORS 285A.075 & OL 2013 c.786 §3 Statutes/Other Implemented: ORS 285B.551 & OL 2013 c.786 §3 History: OBDD 15-2016, f. & cert. ef. 12-22-16 OBDD 7-2014, f. 4-30-14, cert. ef. 5-1-14
123-061-0020 Definitions The following terms have the following definitions, unless the context clearly indicates otherwise: (1) “Department” means the Oregon Business Development Department defined in ORS 285A.070. (2) “Fund” means the Regional Infrastructure Fund. (3) "Grant" means funds for an awarded project that are not required to be repaid, if contract conditions are met. (4) “Grant and Loan Review Committee” means a committee designated by the Department, comprised of a geographically diverse, odd number of members from the Oregon Business Development Commission and the Oregon Infrastructure Finance Authority Board, to determine project awards. The Committee must include at least one member that is a representative from a city and at least one member that is a representative from a county. (5) “Loan” means a non-revolving loan for an awarded project. Loan funds are required to be repaid after project completion. (6) “Project” means a project funded by the Regional Infrastructure Fund that supports regional economic and community development. (7) “Local government” means a city, county, authority or entity organized under state statute or city or county charter, and includes any council of governments. (8) “Region” means an economic development district in Oregon, created by the Economic Development Administration of the United States Department of Commerce, for which the Governor has appointed a Regional Solutions Advisory Committee. (9) “Regional priorities” means the priorities for economic and community development established by a Regional Solutions Advisory Committee. (10) “Regionally-based planning committees” means Regional Solutions Advisory Committees appointed by the Governor as described in Chapter 82 Oregon Laws 2014. Statutory/Other Authority: ORS 285A.075 & OL 2013 c.786 §3 Statutes/Other Implemented: OL 2013 c.786 §3, OL 2014 c.82 §2, 3 & 5 History: OBDD 15-2016, f. & cert. ef. 12-22-16 OBDD 7-2014, f. 4-30-14, cert. ef. 5-1-14
123-061-0030 Project Applications (1) Regional Solutions, in coordination with the Department, will develop an application to apply for project funding and develop procedures for review and award. Applications will be received by the Department. (2) Regional Solutions, in coordination with the Department, will announce periods for local governments to submit applications for funding. (3) The announcement will identify the types of funds available and the eligible uses. (4) The applicant must be an Oregon local government. A project must have a local government sponsor but may provide either a public or private benefit. (5) If a project or applicant is deemed ineligible, the applicant will be notified by the Department. The director of the Department, or a designate, will consider appeals of the eligibility determination. Only the applicant may appeal, and appeals must be submitted in writing to the director within 15 calendar date of the decision being appealed. The director’s decision is final. Statutory/Other Authority: OL 2013 c.786 §3 Statutes/Other Implemented: OL 2013 c.786 §3, OL 2014 c.82 §2, 3 & 5 History: OBDD 15-2016, f. & cert. ef. 12-22-16 OBDD 7-2014, f. 4-30-14, cert. ef. 5-1-14
123-061-0031 Project Criteria Projects shall be evaluated by the Department and the Regional Solutions Teams for whether the project will: (1) Address one or more regional priorities. (2) Support the retention or creation of jobs in the region directly impacted by the project. (3) Not require or rely upon continuing subsidies from the Department for ongoing operations. (4) Help meet the sustainable community objectives as noted in ORS 184.423(2). (5) Be ready for implementation. The project has: (a) Identified all applicable and required permits within the project schedule. (b) Committed funding contributions from other public, private, or philanthropic resources. (c) Demonstrated community support. (6) For economic development projects, be consistent with Oregon Business Development Department strategic plan priorities. Statutory/Other Authority: OL 2013 c.786 §3 Statutes/Other Implemented: OL 2013 c.786 §3, OL 2014 c.82 §2, 3 & 5 History: OBDD 15-2016, f. & cert. ef. 12-22-16
123-061-0032 Public Involvement Eligible projects will be forwarded to the applicable Regional Advisory Committee for review and recommendation of projects from that respective region. Regional Solutions Advisory Committees must provide at least 14 days for the public to review meeting agendas, projects materials and provide comment on proposed projects before such a Committee makes its final recommendation. Statutory/Other Authority: OL 2013 c.786 §3 Statutes/Other Implemented: OL 2013 c.786 §3, OL 2014 c.82 §2, 3 & 5 History: OBDD 15-2016, f. & cert. ef. 12-22-16
123-061-0033 Funding Allocation and Project Recommendation (1) Each region will receive a base of five percent of the total amount available during any round of applications. If a region does not submit a timely application or submits one for less than five percent, the five percent or remaining percent for that region may be awarded to other projects. (2) Regional Solutions Advisory Committees will recommend projects from their region to the Grant and Loan Review Committee. (3) The Department will establish a Grant and Loan Review Committee, which will review project recommendations, determine projects and amounts to award. Statutory/Other Authority: OL 2013 c.786 §3 Statutes/Other Implemented: OL 2013 c.786 §3, OL 2014 c.82 §2, 3 & 5 History: OBDD 15-2016, f. & cert. ef. 12-22-16
123-061-0035 Contracts (1) Upon approval of an award from the Fund, the Department will enter into a binding contract with the local government. (2) The contract for a grant and/or loan shall be in a form provided by the Department and will include but not be limited to: (a) A provision that disbursements from the Fund will be according to the terms of the contract; (b) The eligible use of funds; (c) The performance standards expected of the local government; (d) The repayment obligation of the local government for failure to perform the specified project activity. (e) Other provisions that the Department considers necessary or appropriate to implement the award. (3) In the event of a contract default, any recovered funds will be returned to the Fund and may be awarded to another project. (4) A contract for a loan must be authorized by an ordinance, order or resolution adopted by the governing body of the local government in accordance with the local government’s requirements for public notice and authorizing debt. Statutory/Other Authority: ORS 285A.075 & OL 2013 c.786 §3 Statutes/Other Implemented: OL 2013 c.786 §3 History: OBDD 15-2016, f. & cert. ef. 12-22-16 OBDD 7-2014, f. 4-30-14, cert. ef. 5-1-14