justicedao/ipfs_state_laws huggingface dataset:
123-049-0020 Eligible Applicants and Activities (1) All community water systems and nonprofit non-community water systems are eligible to apply for financing except those determined to be ineligible by the department because of prior nonperformance. (2) Eligible and ineligible activities are defined in the Act and in USEPA’s Drinking Water State Revolving Fund Program Guidelines, EPA 816-R-97-005 (February 1997), as well as subsequent revisions or editions of such guidelines. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 285A.075 & 285A.213(4) Statutes/Other Implemented: ORS 285A.213 History: OBDD 4-2010, f. 1-29-10, cert. ef. 2-1-10 EDD 7-2009, f. 8-31-09 cert. ef. 9-1-09 EDD 28-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 8-2004, f. & cert. ef. 2-3-04 EDD 6-1999, f. & cert. ef. 8-26-99
123-049-0025 Funding Award Information (1) The Authority may award financing in a manner that maximizes the use of available resources and maintains the desired credit standards of the Fund. The Authority shall determine the amount, type, interest rate and terms of any financing awarded. It may offer an alternative mix or lower amount of assistance than requested. The amount of the award may be the minimum amount that the Authority determines is necessary to enable the project to proceed, and the Authority may investigate and recommend other sources of funds for all or part of a proposed project. Projects that the Authority determines are not financially feasible will not be funded. (2) The term of a loan is limited to the usable life of the contracted project, or 30 years from the year of project completion, whichever is less. (3) The term of a loan for a planning or design only project shall not exceed 10 years. (4) For municipal entities a loan must be secured by a full faith and credit obligation that is payable from any taxes which the municipality may levy within the limitations of Article XI of the Oregon Constitution and all legally available revenues and other funds of the municipality. A pledge of specific revenues of the municipality may be required by the Authority to be pledged in addition to the foregoing. (5) For privately owned water system a loan must be secured at minimum by a pledge of a specifically identified revenue source such as the pledge of accounts receivable and proceeds therefrom. Additional loan security may be required based on the Authority’s assessment of borrower risk. (6) The maximum amount for a loan for a project will be determined by the Authority on the basis of financial analysis of the borrower’s capacity for repaying the debt, the availability of moneys in the fund and prudent fund management. The Authority may limit the maximum amount an entity can borrow based on fund availability, program demand and Oregon Health Authority prioritization of projects. Statutory/Other Authority: ORS 285A.075 & 285A.213(4) Statutes/Other Implemented: ORS285A.213 History: OBDD 8-2023, adopt filed 06/05/2023, effective 06/05/2023
123-049-0026 Application Review and Approval (1) After Oregon Health Authority eligibility determination and rating and ranking of a preliminary letter of interest form, an eligible water system may submit a funding application upon invitation from the Authority. The water system shall comply with the Authority’s procedures for submitting applications. (2) The application shall be in the form provided by the Authority and shall contain or be accompanied by such information and documentation as the Authority may require. The Authority will process only completed applications. (3) For a project that is part of a water system that is, or will be, functionally connected to another water system, a cooperation agreement that describes the duties and obligation of each entity is required. The fully executed agreement must be provided before funds for construction activities may be disbursed. (4) In order to approve a funding application, the Authority must make the following determinations: (a) Project feasibility as demonstrated by certification from a professional engineer registered in the State of Oregon in an engineering report, such as a Master Plan, that the proposed project is feasible or other feasibility documentation approved by the Authority. (b) The loan is secured by the pledge of utility revenues or other revenues or payments from owners of specially benefitted properties, and these revenues or payments are sufficient, when considered with other security, to assure repayment of the loan and the Applicant has certified to the Authority that there will be adequate funds available to repay the loans made to the Applicant 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 Authority. (e) The project is consistent with the requirements governing assistance from the Fund. If the Authority determines that the water system or the proposed project does not meet the requirements of OAR 123-049-0026, the Authority may reject an application or require further documentation from the Applicant. Statutory/Other Authority: ORS 285A.075 & ORS 285.213(4) Statutes/Other Implemented: ORS 285.213 History: OBDD 8-2023, adopt filed 06/05/2023, effective 06/05/2023
123-049-0027 Contract Requirements and Disbursement of Funds (1) The Authority shall disburse monies from the Fund only after entering into a binding contract with the Recipient. (2) The contract shall be in a form provided by the Authority. (3) Other funds that may be needed to complete the project must be available or the 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 yet available at the time an award is made or the contract executed, the contract shall require that no disbursement of funds for construction activities may occur until the project is fully funded. (4) Contracts for privately owned water systems receiving subsidy award shall be conditioned to adhere to OAR 123-049-0050. Statutory/Other Authority: ORS 285A.075 & ORS 285.213(4) Statutes/Other Implemented: ORS285A.213 History: OBDD 8-2023, adopt filed 06/05/2023, effective 06/05/2023
123-049-0030 Program Information (1) The Authority shall prepare program guidelines, application forms and other supplementary program information to help Applicants seek financing and prepare financing applications for the Fund. (2) Program guidelines as prepared under section (1) of this rule shall include an explanation of project eligibility, the project priority list, the Intended Use Plan, disadvantaged communities, types of financial assistance, loan rates and terms, borrowing limits, public notification process, contract administration, federal crosscutting requirements and environmental review process. (3) In addition to this division of administrative rules, the Authority shall administer the Fund in compliance with the requirements of the Act, as amended, and the Act's applicable rules, guidelines and requirements from USEPA. (4) For purposes of land use coordination, any project activity paid for with financing from the Fund shall comply with the applicable requirements of division 8 of this chapter of administrative rules and OAR chapter 660. Statutory/Other Authority: ORS 285A.075 & 285A.213(4) Statutes/Other Implemented: ORS 285A.213 History: OBDD 8-2023, amend filed 06/05/2023, effective 06/05/2023 OBDD 4-2010, f. 1-29-10, cert. ef. 2-1-10 EDD 7-2009, f. 8-31-09 cert. ef. 9-1-09 EDD 2-2009(Temp), f. & cert. ef. 3-6-09 thru 9-1-09 EDD 28-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 8-2004, f. & cert. ef. 2-3-04 EDD 6-1999, f. & cert. ef. 8-26-99
123-049-0035 Loan Fee (1) The Authority may charge a loan fee on all funding awards, unless eligible for any exceptions established in this rule. The loan fee amount will be set by the IFA Board and may be periodically revised by that Board. (2) The fee may be included as part of the loan principal. A funding recipient shall pay the loan fee as part of the first disbursement of project funds. (3) Fee revenue shall be used for eligible Fund administrative costs incurred by the Authority. (4) A fee may only be charged to awards for public water systems determined to be non-disadvantaged as a part of Oregon Health Authority rating and ranking of preliminary letter of interest. (5) The loan interest rate plus assessed borrowing fees shall not exceed current market rate as determined by the Authority. Statutory/Other Authority: ORS 285A.075, ORS 285A.200 & ORS.285A.213 Statutes/Other Implemented: ORS 285A.200 & ORS.285A.213 History: OBDD 8-2023, amend filed 06/05/2023, effective 06/05/2023 OBDD 6-2021, adopt filed 04/13/2021, effective 04/13/2021 OBDD 3-2021, temporary adopt filed 01/28/2021, effective 01/28/2021 through 07/26/2021
123-049-0040 Program Rights and Remedies (1) The Department may exercise certain rights and remedies in the event the recipient fails to comply with contract provisions and the recipient fails to correct the deficiencies within a reasonable time after the recipient is notified of the deficiencies. The circumstances that may warrant the department exercise of rights or remedies include, but are not limited to one or more of the following: (a) None of the project activities have begun within six months after award; (b) Any third party agreement relating to the project is not legally binding within six months of the award; (c) Federal or state statutory or regulatory requirements have not been met; (d) There is a significant deviation from the contract; (e) The department finds that significant corrective actions are necessary to protect the integrity of the project funds, and those corrective actions are not, or will not, be made within a reasonable time; or (f) A recipient defaults on loan payments, which may otherwise be made from any source of revenue at the recipient's disposal, including but not limited to General Fund revenue. (2) One or more of the following rights and remedies may be exercised by the Department if the recipient fails to comply with contract provisions and the recipient fails to correct the deficiencies within a reasonable time after recipient is notified of the deficiencies: (a) Bar a recipient from applying for future department or Authority assistance; (b) Revoke an existing Department or Authority award; (c) Withhold unexpended Department or Authority funds; (d) Require immediate return of unexpended Department or Authority funds; (e) Require repayment of expended Department or Authority funds; (f) Withhold other state funds otherwise due to the recipient, such as state-shared revenues; or (g) Other remedies that may be incorporated into the contract. (3) The remedies set forth in this rule are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under the contract. (4) The recipient shall be responsible for ensuring that any subcontractor complies with the applicable terms and conditions of the contract. Nothing in this rule shall restrict the Department’s right to enforce independently the terms of any contract or to recover any sums that may become due as the result of a breach of such contract. Statutory/Other Authority: ORS 285A.075 & 285A.213(4) Statutes/Other Implemented: ORS 285A.213 History: OBDD 8-2023, amend filed 06/05/2023, effective 06/05/2023 OBDD 4-2010, f. 1-29-10, cert. ef. 2-1-10 EDD 28-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 8-2004, f. & cert. ef. 2-3-04 EDD 6-1999, f. & cert. ef. 8-26-99
123-049-0050 Private Ownership and Regulation of Subsidies for Public Benefit (1) For a privately owned water system awarded subsidy by the Fund, the amount of subsidy shall not be treated as equity, but rather in all cases as a contingent liability on the balance sheet of the public water system receiving the financing and on the balance sheet of any entity that acquires that system or the assets financed by the Fund. (2) If a privately owned water system is sold that was awarded subsidy by the Fund, the value of the subsidy shall be effectively excluded from the purchase price, consistent with section (1) of this rule, such that the benefit of the principal forgiveness continues to accrue to the ratepayers or users of the system rather than to the seller. (This section also applies to the sale or lease of system assets financed by the loan, and it pertains but is not limited to the privatization of a publicly owned system) (3) If section (1) or (2) of this rule is violated, then the water system shall repay the full amount of the subsidy into the Fund. The Authority shall determine the schedule of such repayment, as it deems appropriate under the circumstances. Statutory/Other Authority: ORS 285A.075 & 285A.213(4) Statutes/Other Implemented: ORS 285A.213 History: OBDD 8-2023, amend filed 06/05/2023, effective 06/05/2023 OBDD 4-2010, f. 1-29-10, cert. ef. 2-1-10 EDD 7-2009, f. 8-31-09 cert. ef. 9-1-09 EDD 2-2009(Temp), f. & cert. ef. 3-6-09 thru 9-1-09 EDD 28-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 8-2004, f. & cert. ef. 2-3-04 EDD 1-2001, f. 1-11-01, cert. ef. 1-12-01 EDD 11-2000(Temp), f. 7-20-00, cert. ef. 7-20-00 thru 1-16-01
123-049-0060 Drinking Water Protection Fund (1) For purposes of implementing section 1452(k)(1) of the Act, the Authority shall administer loans and grants to public water systems for protecting surface and underground sources of drinking water, in order to solve or prevent health problems before the water is collected or treated by the system. (2) The moneys for these loans and grants are derived from the "local assistance" set-aside of the federal capitalization grant, such that unused amounts will be transferred to the Fund, and repayments shall be either added to the Fund or placed in a dedicated account for further lending under this rule. (3) The loans under this rule are distinct from the Fund. Relevant provisions of this division of administrative rules, however, shall apply to the administration of such loans and grants. (4) For purposes of this rule, administration includes underwriting assessments, loan awards, grant awards contract execution, disbursements, loan repayments and so forth. (5) Oregon Health Authority through its Drinking Water Services and the Oregon Department of Environmental Quality shall handle determinations of eligibility, prioritization of loan grant recipients and related duties. (6) More specific guidelines for the loans grant under this rule are available and included in the document incorporated by reference in OAR 123-049-0005(3). Statutory/Other Authority: ORS 285A.075 & 285A.213(4) Statutes/Other Implemented: ORS 285A.213 History: OBDD 8-2023, amend filed 06/05/2023, effective 06/05/2023 OBDD 4-2010, f. 1-29-10, cert. ef. 2-1-10 EDD 7-2009, f. 8-31-09 cert. ef. 9-1-09 EDD 28-2008, f. 8-28-08, cert. ef. 9-1-08 EDD 8-2004, f. & cert. ef. 2-3-04
123-051-0100 Purpose (1) The Infrastructure Finance Authority, pursuant to Oregon Revised Statutes ORS 401.910, shall develop and administer grant programs for the seismic rehabilitation of critical public buildings. (2) The funds for the seismic rehabilitation of critical public buildings under the grant program are provided from the issuance of bonds pursuant to the authority provided in Articles XI-M and XI-N of the Oregon Constitution. Statutory/Other Authority: ORS 285A.093, 285A.098, 286A.760 – 286A.772, 401.910 & 2013 OL Ch. 782 Statutes/Other Implemented: ORS 285A.098, 286A.760 – 286A.772, 401.910 & 2013 OL Ch. 782 History: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14
123-051-0300 Eligible Applicants The following are eligible to apply for a Seismic Rehabilitation Grant, except those determined to be ineligible by the Authority because of nonperformance under a prior Seismic Rehabilitation Grant contract: (1) All hospital buildings with acute inpatient care facilities, fire stations, police stations, sheriffs’ offices, other facilities used by state, county, district or municipal law enforcement agencies. (2) Kindergarten through grade 12 public schools, community colleges and education service district buildings with a capacity of 250 or more persons that are routinely used for student activities and are owned by a school district, an education service district, a community college district or a community college service district. Statutory/Other Authority: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782 Statutes/Other Implemented: ORS 285A.093, 285A.098 & 401.910 History: OBDD 2-2017, f. & cert. ef. 8-8-17 OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14
123-051-0400 Program Information (1) The Authority shall prepare a Grant Application Package. The application package may contain a guidance document, application forms, and other supplementary information that may help eligible applicants prepare grant applications. (2) The guidance document will include a description of eligibility criteria, and ranking factors used to evaluate and select applications for funding. (3) The Grant Application Package on file with the Authority is incorporated as part of these rules by reference. (4) The Authority will provide to Seismic Rehabilitation grantee a Grant Contract which specifies legal requirements for grant management, reporting, and record keeping, and the Authority's monitoring and grant closeout procedures. (5) The Authority shall administer Seismic Rehabilitation Grants in compliance with the requirements of applicable statutes, rules, and the Grant Guidance Document. Statutory/Other Authority: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782 Statutes/Other Implemented: ORS 285A.093, 285A.098 & 401.910 History: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14
123-051-0500 Program Sanctions The grantee shall be responsible for taking all actions necessary to enforce the terms of the grant contract against any private or public participant who fails to comply with applicable provisions of the grant contract, and to recover on behalf of the state any liabilities that may arise as the result of the breach of the grant contract by any participant. Nothing in this paragraph shall restrict the state's rights to enforce independently the terms of any grant contract or to recover any sums that may become due as the result of a breach of such a contract. Statutory/Other Authority: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782 Statutes/Other Implemented: ORS 285A.093, 285A.098 & 401.910 History: OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14
123-051-0600 Project Eligible Activities Projects must meet the following criteria to be eligible for this program: (1) Education building gymnasiums, cafeterias and multipurpose rooms that are feasible to be used as emergency shelters in disasters must be rehabilitated to meet the Immediate Occupancy seismic safety performance level as defined in OAR 123-051-0200(12) (a) Applicants may request a waiver for education building gymnasiums, cafeterias and multipurpose rooms that will not be used as emergency shelters in disasters, upon showing that there are other buildings in the community that may be used as emergency shelters in disasters instead of the education building. Any projects approved under this subsection must be rehabilitated to meet the life safety seismic performance level as defined in OAR 123-051-0200(13). (b) Applicants may request approval for other types of education building rooms that are feasible to be used as emergency shelters upon showing that there are no gymnasiums, cafeterias and multipurpose rooms that are feasible to be used as emergency shelters. Any approved projects under this subsection must be rehabilitated to meet the immediate occupancy seismic safety performance level defined in OAR 123-051-0200(12). (2) Other education buildings that will not be used as emergency shelters in disasters, must be rehabilitated to meet the life safety seismic safety performance level defined in OAR 123-051-0200(13). (3) Emergency services building rehabilitation to immediate occupancy seismic safety performance level as defined in OAR 123-051-0200(12). Statutory/Other Authority: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782 Statutes/Other Implemented: ORS 285A.093, 285A.098 & 401.910 History: OBDD 2-2017, f. & cert. ef. 8-8-17 OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14
123-051-0700 Project Ineligible Activities Project ineligible activities include, but are not limited to: (1) The demolition and rebuild of an existing critical public building. (2) Partial rehabilitation of a building that does not holistically address all known seismic deficiencies, as defined in OAR 123-051-0200(11). (3) Reimbursement for already budgeted staff and routine or ongoing expenses of the recipient. Statutory/Other Authority: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782 Statutes/Other Implemented: ORS 285A.093, 285A.098 & 401.910 History: OBDD 12-2019, amend filed 09/04/2019, effective 09/04/2019 OBDD 2-2017, f. & cert. ef. 8-8-17 OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14
123-051-0750 Special Conditions (1) If the building is located in an identified tsunami inundation zone the applicant shall consult with the State Department of Geology and Mineral Industries for assistance in determining the impact of possible tsunamis on the proposed project and for assistance in preparing methods to mitigate risk at the site of a potential tsunami. Consultation shall take place prior to submittal of the grant application. Proof of the consultation must be included with the application packet submitted for the project. (2) If the building is located in the 100 year flood zone, additional engineering review may be required. Statutory/Other Authority: ORS 285A.093, 285A.098, 401.910 & OL Ch. 782 2013 Statutes/Other Implemented: ORS 285A.093, 285A.098 & 401.910 History: OBDD 12-2019, adopt filed 09/04/2019, effective 09/04/2019
123-051-0800 Application Submittal, Review and Approval (1) The Authority shall announce deadlines for submitting applications, how to obtain an application form, and required supplemental documents. (2) An eligible critical public building may submit an application after consulting with the Authority on a preliminary determination of eligibility and otherwise follow the Authority’s procedures for submitting applications. The application must be in the form provided by the Authority and must contain or be accompanied by such information as the Authority may require. The Authority will process only completed applications. (3) Upon receipt of a completed application, the Authority will evaluate the application using ranking factors and point values and will provide recommendations to the Grant Selection Committee to determine the project’s prioritization ranking during a public meeting. Statutory/Other Authority: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782 Statutes/Other Implemented: ORS 285A.093, 285A.098 & 401.910 History: OBDD 12-2019, amend filed 09/04/2019, effective 09/04/2019 OBDD 2-2017, f. & cert. ef. 8-8-17 OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14
123-051-0900 Project Administration (1) The Authority and the Applicant must execute a grant contract prior to disbursal of grant funds. (2) Documentation of project costs incurred by entity must be submitted to the Authority prior to disbursal of funds. (3) Disbursal of grant funds to entity will be made on the schedule determined by the Authority. (4) Prior to final disbursement, the Authority will review and evaluate all documents produced as a result of the project, and determine how closely the project delivered the outcome anticipated in the application. Statutory/Other Authority: ORS 285A.093, 285A.098, 401.910 & 2013 OL Ch. 782 Statutes/Other Implemented: ORS 285A.093, 285A.098 & 401.910 History: OBDD 2-2017, f. & cert. ef. 8-8-17 OBDD 13-2013, f. 12-30-13, cert. ef. 1-1-14