justicedao/ipfs_state_laws huggingface dataset:
123-130-0070 Forgivable Loan Agreement Conditions (1) Forgivable loans do not require match. Applicants will be responsible for closing costs associated with the loan including but not limited to document preparation, title, escrow, recording or filing fees. (2) The Department shall set at time of award the interest rate and term for forgivable loans that must be repaid in accordance with ORS 285A.196(2). (3) The Department will include interest accrual, repayment and disbursement schedules, timing of repayment determination, and other necessary conditions in the loan agreement. (4) If the project includes other funding in the form of loan(s) obtained from a financial institution, the Department may subordinate the Fund loan to the financial institution loan(s) if appropriate, in the Department’s sole discretion. (5) Notwithstanding applicant and project eligibility, the amount of a forgivable loan award shall be based on the availability of forgivable loan funds at the time of the award. The Department has the discretion to make forgivable loan awards less than the amount requested in the application if it is necessary to ensure forgivable loan capacity until further allocation to the Fund may be received. Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198 Statutes/Other Implemented: ORS 285A.193 - 285A.198 History: OBDD 5-2023, adopt filed 01/26/2023, effective 01/26/2023 OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/03/2022 through 05/01/2023
123-130-0080 Remedies (1) If, at any time, it is discovered that the applicant or the project violates the applicant eligibility exclusions in OAR 123-130-0030 or the project eligibility exclusions in OAR 123-130-0040, the Department may seek legal remedies against applicants that fail to comply with the requirements governing the fund. Remedies will not be imposed by the Department until the applicant has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted. (2) One or more of the following remedies may be imposed by the Department: (a) Bar a recipient from applying for future Fund assistance; (b) Revoke an existing Fund award; (c) Withhold unexpended Fund funds; (d) Demand immediate repayment of expended funds; and (e) Withhold other state funds. Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198 Statutes/Other Implemented: ORS 285A.193 - 285A.198 History: OBDD 5-2023, adopt filed 01/26/2023, effective 01/26/2023 OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/03/2022 through 05/01/2023
123-130-0090 Consultation with Government Agency (1) The Department will consult with the government agency prior to its funding decision and will provide the government agency with information about the applicant, site, project description, environmental service professional, and funding amount requested. (2) Any recommendations or relevant comments from the government agency that are submitted to the Department within a reasonable period will be considered during the application review process. Statutory/Other Authority: ORS 285A.075 & ORS 285A.193 - 285A.198 Statutes/Other Implemented: ORS 285A.193 - 285A.198 History: OBDD 5-2023, adopt filed 01/26/2023, effective 01/26/2023 OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/03/2022 through 05/01/2023
123-135-0000 Purpose The purpose of these rules is to implement the Brownfields Redevelopment Fund created in 1997 through Chapter 738 Oregon Laws 1997 and amended by Chapter 96 Oregon Laws 2001. The purpose of the Brownfields Redevelopment Fund is to enhance the availability of resources through program development, grant proposals and other appropriate methods necessary to determine and facilitate the funding of environmental actions on properties that are brownfields. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 18-2002, f. & cert. ef. 12-10-02 Reverted to EDD 2-2001, f. & cert. ef. 2-1-01 EDD 10-2002(Temp), f. & cert. ef. 5-15-02 thru 11-11-02 EDD 8-2001(Temp), f. & cert. ef. 11-15-01 thru 5-14-02 EDD 2-2001, f. & cert. ef. 2-1-01
123-135-0010 Policy It is the policy of the Oregon Business Development Department to promote sustainability and assist rural or distressed communities with local development priorities. Facilitating environmental cleanup consistent with a polluter-pays principle and the redevelopment of brownfields furthers this policy. The benefits of redeveloping brownfields include: promoting economic development; enabling efficient land use; minimizing the construction of new service infrastructure; facilitating the resolution of environmental justice issues; and protecting environmental and human health. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 18-2002, f. & cert. ef. 12-10-02 Reverted to EDD 2-2001, f. & cert. ef. 2-1-01 EDD 10-2002(Temp), f. & cert. ef. 5-15-02 thru 11-11-02 EDD 8-2001(Temp), f. & cert. ef. 11-15-01 thru 5-14-02 EDD 2-2001, f. & cert. ef. 2-1-01
123-135-0030 Applicant Eligibility (1) Any person, non-profit, or municipality is eligible to make application to the Department for assistance from the Fund as long as they are not subject to exclusion by ORS 285A.188(3)(a). (2) Eligibility under OAR 123-135-0030 shall also be determined based on the status of compliance with enforcement actions against the applicant by the Oregon Department of Environmental Quality. (3) If the applicant is not the land owner and the site is owned by a person that is excluded by OAR 123-135-0030(1), the application will not be accepted unless the applicant provides documentation adequately demonstrating how the funded activities will facilitate a transfer in ownership of the site to a person not subject to the exclusion. (4) An applicant who is a responsible party for a release of a hazardous substance or is liable for the cost of cleanup at the project site according to ORS 465.255, must provide some form of contribution to the project to be eligible. (5) An applicant that makes willful misrepresentations regarding applicant eligibility on a Fund application may be subject to the remedies described in OAR 123-135-0090. (6) Applicant must have the authority and ability to enter into a contract with the Department. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 18-2002, f. & cert. ef. 12-10-02 Reverted to EDD 2-2001, f. & cert. ef. 2-1-01 EDD 10-2002(Temp), f. & cert. ef. 5-15-02 thru 11-11-02 EDD 8-2001(Temp), f. & cert. ef. 11-15-01 thru 5-14-02 EDD 2-2001, f. & cert. ef. 2-1-01
123-135-0040 Project Eligibility (1) Projects may contain non-residential underground storage tanks. Superfund sites on the National Priorities List are not eligible. Reimbursable project activities include, but are not limited to: (a) Site investigation; (b) Site sampling; (c) Site characterization; (d) Review, compilation and analysis of study data into a report; (e) Feasibility studies; (f) Plans for remedial action or removal; (g) Conducting of a remedial action or removal at a site; or (h) Regulatory oversight fees. (2) Projects on sites that contain or are proposed to contain only privately owned single family residential dwelling(s) or privately owned multi-family dwelling(s) are not eligible for Fund assistance unless substantial public benefit can be demonstrated. (3) Projects on sites that contain or are proposed to contain mixed use development such as a structure or structures that contain combined commercial and residential uses are eligible if: (a) A written endorsement for the project from the local jurisdiction is included with the application; (b) The project will provide a substantial public benefit; or (c) The project is part of a downtown or mixed use center redevelopment. (4) The Department will determine if a project will have substantial public benefit. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 8-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 18-2002, f. & cert. ef. 12-10-02 Reverted to EDD 2-2001, f. & cert. ef. 2-1-01 EDD 10-2002(Temp), f. & cert. ef. 5-15-02 thru 11-11-02 EDD 8-2001(Temp), f. & cert. ef. 11-15-01 thru 5-14-02 EDD 2-2001, f. & cert. ef. 2-1-01
123-135-0050 Application Requirements (1) Applications that include capacity building, site sampling and/or site characterization must discuss in their project description how the funded activities will contribute or lead to cleanup and/or redevelopment of the site. (2) Applications that include a site characterization must discuss in the project description how the funded activities will contribute or lead to a remediation plan or a No Further Action Determination by the Oregon Department of Environmental Quality. (3) Applications that include a remedial or removal action or plan must identify the proposed redevelopment use in the project description and must provide documentation that demonstrates how the proposed redevelopment use is attainable. (4) Applications that include a remedial or removal action or plan must discuss in the application how the plan or action will comply with state cleanup law and will contribute to the proposed redevelopment. The Department may ask the applicant to provide documentation that demonstrates how compliance or how progress towards the proposed redevelopment will be achieved. (5) Applications that include a remedial or removal action but do not identify a redevelopment use as described in OAR 123-135-0050(4) are eligible if the project is for capacity building. Written endorsement for the capacity building project must be obtained from the local jurisdiction and be included in the application if the applicant is not a municipality. (6) The sum of funding requested in the Fund application must be consistent with the scope and scale of work in the project description compared with an industry custom standard. If the amount requested is inconsistent with the scope and scale of work in the project description, the Department may work with the Applicant and Oregon Department of Environmental Quality to adjust the amount of the award or the scope and scale of work in the project description. (7) If OAR 123-135-0030(4) or (5) applies, the necessary information regarding property transfer and/or contribution must also be included in the application. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 18-2002, f. & cert. ef. 12-10-02 Reverted to EDD 2-2001, f. & cert. ef. 2-1-01 EDD 10-2002(Temp), f. & cert. ef. 5-15-02 thru 11-11-02 EDD 8-2001(Temp), f. & cert. ef. 11-15-01 thru 5-14-02 EDD 2-2001, f. & cert. ef. 2-1-01
123-135-0065 Application Considerations and Processing (1) Applications may be submitted to the Department at any time. The Department shall not process an incomplete Fund application. Applications are complete when all relevant requirements of this Division are met. (2) The Department can waive application requirements in order to make an application completion determination if it is demonstrated that such a waiver would serve to further the goals and objectives of the Fund and would not violate any statutory requirements. (3) The Department may request additional information about the project that is not listed in this division if necessary to facilitate application processing. (4) When evaluating an application, the Department shall consider the following: (a) The extent to which real or perceived contamination prevents the property from being fully utilized; (b) The need for providing public assistance, after considering the difficulty of obtaining financing from other sources or of obtaining financing at reasonable rates and terms; (c) The degree to which redevelopment of the property provides opportunity for achieving protection of human health or the environment by reducing or eliminating the contamination of the property and for contributing to the economic health and diversity of the area; (d) The probability of the success of the intended use or the degree to which redevelopment of the property provides a public purpose following remediation of the property; (e) Compliance with the land use plan of the local government with jurisdiction over the property; (f) Endorsement from the local government with jurisdiction over the property. (5) In the event of a shortage of funds, priority will be given to projects that provide significant economic benefit such as the creation of manufacturing or traded sector jobs and the Department may, at its discretion, consider other factors that demonstrate substantial public benefit. (6) No more than sixty percent (60%) of the total amount of the Fund in any biennium shall be awarded to persons who are liable with respect to the site under ORS 465.255. The sixty percent (60%) limitation will be calculated at the beginning of each biennium and will be applied to the total, non-obligated, funds available in the Fund. Only awards to recipients that caused or contributed to the contamination at a site shall be included in the sixty percent (60%) calculation. (7) Department approval of an application may contain conditions which will become part of the funding agreement. (8) The Department will conduct a financial review on complete applications in accordance with prudent lending practices. Conditions of an loan award such as requiring collateral or other security; requiring a co-signer or guarantor; or obtaining an environmental insurance policy may be required in order to provide additional securities to mitigate credit deficiencies. (9) The Department may request additional information from the applicant to facilitate a funding decision. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10
123-135-0080 Loan Agreement Conditions (1) Loans do not require match. Applicants may be responsible for closing costs associated with the loan including but not limited to document preparation, review of documentation for legal sufficiency, title, escrow, recording or filing fees. (2) The Department shall set the interest rate for municipal and non-municipal loan recipients at the time of award based on subsidy need, credit risk, and other appropriate considerations. (3) Interest accrual, repayment and disbursement schedules, and other necessary conditions shall be stated in the loan agreement. (4) Bridge loans shall have a maximum term of one (1) year from the beginning of loan disbursement unless the loan recipient requests an extension. (a) Upon receipt of a request for extension, the maximum term of the extension shall not exceed one (1) additional year. If a bridge loan is not repaid within the approved period, a rate of interest may be applied from the date of first disbursement. (b) A bridge loan recipient may be converted to a term loan. If a loan is converted, a rate of interest shall be applied from the date of first disbursement. (5) The Department will set terms of repayment with consideration to the applicant’s ability to repay, credit worthiness, economic benefit of the project, and use of proceeds as defined in the project. The maximum term of a loan shall not exceed 20 years from the date of loan closing. (6) A term loan may convert to a bridge loan with the approval of the Department as long as the maximum bridge loan term of two (2) years has not passed from the date of loan closing. (7) If the project includes other funding in the form of loan(s) obtained from a financial institution, the Department may subordinate the Fund loan to the financial institution loan(s) if appropriate. (8) The Department has the discretion to establish loan terms that differ from those enumerated in OAR chapter 123, division 135 as long as it furthers the goals and objectives of the program. (9) For loan funded projects, the total loan amount shall not exceed the final total project cost. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 18-2002, f. & cert. ef. 12-10-02 Reverted to EDD 2-2001, f. & cert. ef. 2-1-01 EDD 10-2002(Temp), f. & cert. ef. 5-15-02 thru 11-11-02 EDD 8-2001(Temp), f. & cert. ef. 11-15-01 thru 5-14-02 EDD 2-2001, f. & cert. ef. 2-1-01
123-135-0090 Remedies (1) If, at any time, it is discovered that the applicant or the project violates the applicant eligibility exclusions in OAR 123-135-0030 or the project eligibility exclusions in 123-135-0040. The Department may seek legal remedies against applicants that fail to comply with the requirements governing the fund. Remedies will not be imposed by the Department until the applicant has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted. (2) One or more of the following remedies may be imposed by the Department: (a) Bar a recipient from applying for future Fund assistance; (b) Revoke an existing Fund award; (c) Withhold unexpended Fund funds; (d) Require return of unexpended funds; (e) Demand immediate repayment of expended funds at a market based rate of interest; or (f) Withhold other state funds. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 18-2002, f. & cert. ef. 12-10-02 EDD 2-2001, f. & cert. ef. 2-1-01
123-135-0100 Subsidies and Waivers (1) The Department has the discretion to waive interest charges or provide interest rate subsidies in the form of rate reductions and may grant any other form of waiver or subsidy within its authority. The Department shall utilize its discretion to make available interest charge waivers or provide interest rate subsidies following financial evaluation of the complete application taking into consideration the relationship between the project and the needs of the local community; the availability and or leveraging of other sources of funding in the project; and after determining whether the incentive will result in a substantial public benefit. (2) The department shall waive interest for all bridge loans. The department shall set an interest rate for a bridge loan at the time of application approval in the event the bridge loan becomes a term loan or is not repaid within the allowed time period. (3) Applicants may request consideration for incentives in the Fund application. The Department shall rule on all incentive requests made in the Fund application at the time of application approval. (4) Determination of whether or not a project will result in a substantial public benefit will be made on a case-by-case basis by the Department. (5) The Department 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 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 18-2002, f. & cert. ef. 12-10-02 Reverted to EDD 2-2001, f. & cert. ef. 2-1-01 EDD 10-2002(Temp), f. & cert. ef. 5-15-02 thru 11-11-02 EDD 2-2001, f. & cert. ef. 2-1-01
123-135-0110 Consultation with Department of Environmental Quality (1) In accordance with ORS 285A.188(4), the Department shall consult with the Department of Environmental Quality prior to the decision to approve an application. The Department shall provide the Department of Environmental Quality with information about the applicant, property, project description, environmental service professional, and funding amount requested. (2) The Department of Environmental Quality shall verify within a reasonable period of time whether the applicant is ineligible for funding assistance in accordance with ORS 285A.188(3)(a). (3) Any recommendations or relevant comments from the Department of Environmental Quality that are submitted to the Department within a reasonable period of time shall be included as part of the application for consideration. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.185 & 285A.188 History: OBDD 7-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 18-2002, f. & cert. ef. 12-10-02 Reverted to EDD 2-2001, f. & cert. ef. 2-1-01 EDD 10-2002(Temp), f. & cert. ef. 5-15-02 thru 11-11-02 EDD 2-2001, f. & cert. ef. 2-1-01
123-140-0010 Purpose, Scope, and Incorporated Documents (1) As provided in Oregon Revised Statutes (ORS) 285A.190, the Oregon Business Development Department shall administer the federally funded revolving fund to provide cleanup financing to eligible publicly and privately owned brownfields as authorized by the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (P.L 107-118). (2) Oregon Coalition Brownfields Cleanup Fund Program is funded through a cooperative agreement (BF-97080301, and as amended from time to time) between the U.S. Environmental Protection Agency and Department and includes any program income generated as a result of Department loans to Recipients as provided for in ORS 285A.192. The primary objectives of the Program are to: (a) Remove or abate environmental health risks at sites not yet addressed by the private market; (b) Provide resource assistance to rural, distressed, or affected communities allowing them to build quality, livable communities and neighborhoods; and (c) Employ a problem-solving philosophy of coordination through state and local partnerships. Statutory/Other Authority: ORS 285A.190, 285A.192 & 285A.075 Statutes/Other Implemented: ORS 285A.190 History: OBDD 39-2010, f. 10-29-10, cert. ef. 11-1-10 OBDD 19-2010(Temp), f. & cert. ef. 5-21-10 thru 11-17-10 OBDD 8-2010, f. 3-30-10, cert. ef. 4-1-10 EDD 9-2006, f. 10-30-06, cert. ef. 10-31-06